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MMUS Or MO LAR HISTI110
- ttl 'CONN111210N OP MIAMI, FLORIDA
SANVART 1Z, 1989
Y' EN Ptt1t PCT LEGISLATION PACE
• No •
1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 1
APSCIAL ITEMS 1/iZJ89 ,:
3. CONSENT AGENDA.
- 1/12/89 r�
r �t
- E.1 ACCEPT DONATION OF ONE PORTABLE BATTING R 89-1 .g
CAGE from Miami Dade Community College, 1/12/89 ;
Volfaon Campus - for Parks Dept. Y•:
.. t yr,
+ i ir1
2.2 1989 NATIONAL CONFERENCE OF THE R 89-2 3
AMERICAN SOCIETY FOR PUBLIC 1/12/89
ADMINISTRATION (ASPA): Allocate $10,000
from Metro -Dade Tourist Bed Tax. "+
2.3 YOUNG TECHNOLOGIES GROUP, INC.: R 89-3 $'`
Authorize purchase of 3 pumper 1/12/89` a
r apparatus, 2 Quint apparatus and
related firefighting tools and
equipment - for Fire Dept. (See labels `` '`"� '
6 and 8
V
2.4 ACCEPT BIDSs BALADO NATIONAL TIRES, R:09'4` �' f
FEDANTIRE COMPANY,: MARTINO'` TIRE 1/12/89, `:{ 3`t
l i
COMPANY MIAMI TIRESOLES, INC., AND }
PALMETTO , KAWASAKI for furnishing ` rx
vehicle` ;tires and tubes (See labels 4' r�
and' 7) x}0
2.5 ACCEPT BID: HORIZON INDUSTRIES TRAILER; R,89
INC - for furnishing 3 horse 'trailers 1/12/89. h 4F ��
for GSA Dept: rNjxa�
t�
2.6 ACCEPT BID: PANDICK MIAMI - for R-89 b.'Nrf`�
' typesetting the. Comprehensive Annual 1/12J89
Report for GSA` Dept./Graphic tF �
Reproductions Division:'' r
t of
2.7 ACCEPT BID/AUTHORIZE EXECUTION OF R 89-7.`
CONTRACT: MAN TELL ENGINEERING l J12/S9
CONTRACTOR, INC. for: Local Drainage
Project`3-57, Project No. 352251..' �t >
ACCRPT COMPLETED WORKS !1I 89-8 w r'�5 s
$,a ; Rz R:
CONSTRUCTION. .CO. INC.:. for . Loci1` 1/12/$9.. ra aL
;srs�u
braiaage -"Project �Fligler Street Repair ;
} S6, Project No. 35�232.x s
} s b 3
PX
R AGTz ERI $0INC J ✓ T z
z�� P,fs o1141 fi,lzrces L;and reiaeial h�
r action related to contaminated �optirial" k?
g , 3 �1ocC.A of then iia 1.
7 y Y Ih t /j(��� rtAV� � • C�'}i.[ �� s�Lk' (.�r,W. rh�fk� r
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ACCOT 6 MOB Ot MICATION for
it 89-10
highway purposes.
1/12/69
p,
,. tali
3 t ANNUAL ARTIST'S DAYS FESTIVAL
R 89-11
'
VISCAYA MUSEUM AND GARDINS: Authorize
1/12/89
`
street closures.
2+12
PHILHARMONIC ORCHESTRA OF FLORIDA:
R 69-12
6
Benefit concert at Bayfrout Park
1/12/80
Amphitheater for a Women's Place
Shelter.
BORINQUEN HEALTH CLINICt Allocate
R 89-13
$6,500 for parking costs at Municipal
1/12/89
?.
Lot No. 56 located at N.E. 38 Street.'-`
2.14
1989 COCONUT GROVE ART FESTIVAL:
R 89-14
+6
-
Correct scrivener's error - change
1/12/89
event's dates.
3.
ROBBINS COMPANY: Discussion on
DISCUSSION
furnishing service emblems awards to
1/12/89
Personnel Management Dept. (See label
9).
4.
(Continued Discussion) RECONSIDER BID
M 89-15
7
ACCEPTANCE: SALADO NATIONAL TIRES,
1/12/89
FEDAN TIRE COMPANY, MARTINO TIRE
COMPANY MIAMI TIRESOLES, INC., AND
`
PALMETTO KAWASAKI - for furnishing
vehicle tires and tubes (See labels 2.4
and 7).
#y
S.
Brief Comments by Yahweh Ben Yahweh
DISCUSSION
8-9
pledging his organization's support to
1/12/89
the City's efforts towards solving the
,g,
problems of the homeless.
F
6.
(Continued Discussion) YOUNG
M 89-16
TECHNOLOGIES GROUP,INC.: Reconsider
1/12/89
purchase of 3 pumper apparatus, 2 Quint
`+4
4
apparatus- and related firefighting
tools and equipment - for Fire Dept.
h-
'.
(See labels 2.3 and 8).
rti
_ �•
(Continued. Discussion) ACCEPT BID:
R 89-17
SALADO NATIONAL TIRES, FEDAN TIRE
1/12/89
COMPANY, MARTINO TIRE COMPANY MIAMI'�"
TIRESOLES, INC., AND PALMETTO
,
_
KAWASAKI - for furnishing vehicle tires
and tubes (See labels 2.4 and 4).
rt
(Continued Discussion)
YOUNG
TECHNOLOGIES GROUP, INC.: Authorize
R 89 18•-
1/12/89'
12-14w ;
purchase of 3 pumper apparatus, 2 Quint
apparatus and related firefighting
°3 a:
s ,
tools and equipment - .
for Fire- Dept.}
{x� • .
(See labels 2.3 end 6).
.;�
9•
(Continued Discussion) ,ACCEPT .BID:
DISCUSSION�.t
ROBBINS COMPANY - for furnishing
1/12/89`
service .emblems: ; 'awards toPersoni►eh
}
Manegement Dept. (See label 3).
10, .
ALL AI'ATTAH'WYNWOOD COMMt1NITY
DISCUSSIpN3''
DBYLLOPMENT CENTER, INC.. Authorize
r
77
11. ACCEPT PLAT: PAPPAS SUBDIVISION.
Ll
R 69-19
i/12/60
22. SOUTHEAST OVERTOWN/PARK WEST COMMUNITY R 89-20
RRDEVELOPMENT AREA: Unified 1/12/89
Development Request for Proposals for
development of mixed
resident lei /commercial uses of City
block number 43 - area bounded by N.E.
ith and 8th Streets, N.E. lot and North
Miami Avenues.
16
1i-24
13. CITYWIDE NEIGHBORHOOD PARK RENOVATION DISCUSSION 24-25
PROJECT, ALLAPATTAH COMSTOCK PARK 1/12189
REDEVELOPMENT: Brief discussion, then
tabled (See label 84).
14. AUTHORIZE ACCEPTANCE OF RENTAL DISCUSSION 25
REHABILITATION GRANT FROM HUD 1/12/89
($686,000) FOR STANDARD AND LOW INCOME
HOUSING - direct City Manager to
Immediately draft appropriate
resolution submitting a program
description to HUD for approval (See
label 95).
1S.
FEDERAL GOVERNMENT REIMBURSES CITY FOR
R 89-21
26-28
COSTS INCURRED IN THE URBAN INITIATIVE
1/12/89
AREA - which represents 4 blocks in
Overtown ($719,000) - express the
policy of the City Commission that
funds be spent only in the Overtown
area.
16.
GRANT MELROSE TOWNHOME DEVELOPMENT
M 89-22
28-35
CORPORATION additional time to
1/12/89
demonstrate ability to perform
regarding affordable housing at the
Melrose site, with provisos - direct
Administration to further seek out an
alternative applicant in case first
group fails to meet requirements.
17.
TITLE III FUNDS: Request Administration
DISCUSSION
35-36
to inform the Commission in connection
1/12/89
with projected plan to apply for Title
III Funds - discussed and temporarily
deferred to the afternoon session.
N.
SECOND READING ORDINANCE: Require
ORDINANCE
36-37
retail establishments to disclose a no
10533
refund and exchange policy unless full
1/12/89
refunds are offered - require
establishments to honor exchanges as
offered.
19.
OVERTOWN POLICE SUBSTATION: Discussion
DISCUSSION
37-38
concerning alleged relocation of the
1/12/89
yr
Overtown police station from the Culmer
pf
Center to the Overtown Shopping Center.
20.
A. CLAIM SETTLEMENT: DAVID HERRING
R 89-23
39-44
($300,000).
M 89-24
B. Instruct City Attorney never to
1/12/89
reveal any portion of ongoing
negotiations until ready to formally
recommend to the City Commission.,
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F
Yl.
SECOND READING ORDINANCE: Amend Code
ORDINANCE
44-45
Sec. 14-26(d) - remove the two
10534
consecutive full term maximum service
1/12189
requirement for private sector members
of the Downtown Development Authority
board.
Z2.
A. SECOND READING ORDINANCES Amend Code
ORDINANCE
45-47
Sec. 22-2 Chapter 22 ("Garbage and
10535
Trash") - provide that all private
DISCUSSION
haulers (1) notify the City in writing
1/12/89
of intention to discontinue service to
commercial establishments; (ii) require
notice also be mailed to affected
establishments.
B. Trash receptacles for Coconut
Grove.
23.
SECOND READING ORDINANCE: Amend Ord.
ORDINANCE
47-48
10521 by increasing the appropriation
10536
for North Flagler Sanitary Sewers,
1/12/69
Project No. 351273, 4165,000.
24.
DOUGLAS N. HIGGINS, INC.:
DISCUSSION
46-50
Proposed acceptance of bid
1/12/89
regarding North Flagler Sanitary
Sewer Improvement. (Continued for
further information - see label
87).
25.
STORAGE OF POLICE MOTOR VEHICLES AT NW
DISCUSSION
50 -
5TH STREET: Discussion.
1/12/89
26.
A) SECOND READING ORDINANCE: Amend
ORDINANCE
51-73
Code Chapter 42 - establish maximum
10537
towing and storage rates to be charged
M 89-25
for the recovery, towing, removing and
1/12/89
storing of motor vehicles on private
property - establish procedures, etc.
B) Request City Manager to justify why
the GSA Dept. cannot be assigned the
responsibility for monitoring the
implementation of the above.
27.
A - MIAMI CITY BALLET: Allocate $5.000
R 89-26
74-80
in support of Miami City Ballet -
DISCUSSION
recommend that Greater Miami Host
1/12/89
Committee grant $15,000 to said
organization. B - Discussion concerning
City ads in newspapers.
28.
Refer to City Manager plan outlined by
Procacci Real Estate Management and
Human Systems, Inc. regarding leasing
of space to the City to address the
needs of the homeless population -
request City Manager's recommendation.
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Is
39.
A) SECOND READING ORDINANCE: Amend Code
M 89-28
Chapter 18 (Finance) - redefine term
M 89-29
"Minority and Women -owned Business
1/12/89
Enterprise", etc. and define guidelines
for the award of City contracts with
specified percentages allocated to
minority and women -owned small
businesses, etc. (Later reconsidered.)
B) Reconbider prior vote on Ord.
10538.
C) Continue for further information
proposed second reading ordinance in
connection with guidelines for the
award of City contracts to
minority/women-owned business in the
City. (This motion to continue was
ultimately withdrawn in order to pass
and adopt the ordinance.) (See label
34).
30.
MIAMI SPORTS AND EXHIBITION AUTHORITY:
DISCUSSION
Brief discussion concerning rotation of
1/12/89
the Chairmanship - temporarily tabled
until later this same meeting (See
label 67 and 69).
31.
FIRST READING ORDINANCE: Amend Ord.
ORDINANCE
10521 (capital improvement
first reading
appropriations) - increase
1/12/89
appropriation for the Japanese Garden
Renovation, Project No. 331317, from
contributions made by the Ricoh
Corporation.
32.
A - Presentation of Plaque to LITTLE
M 89-30
HAVANA KIWANIS for its efforts
DISCUSSION
contributing to the establishment of
1/12/89
"FRIENDSHIP PLAYGROUND" for young kids.
B - Approve in Principle Request by
LITTLE HAVANA KIWANIS to Develop, Build
and Operate a Proposed Multipurpose
Sports be Recreational Facility at an
existing City Park Location.
33.
A. PROPOSED AMENDMENT TO CABLE
M 89-31
TELEVISION LICENSE ORDINANCE: Discussed
DISCUSSION
and deferred for further information.
1/12/89
B. Deferred, as well, consideration of
Agenda item 88 (discussion concerning
provision where Miami
Telecommunications, Inc. provides the
City with an independent financial
audit report.
34.
(Continued Discussion) SECOND READING
ORDINANCE
ORDINANCE: Amend Code Chapter 18
10538
(Finance) - redefine term "Minority and
1/12/89
Women -owned Business Enterprise", etc.
and define guidelines for the award of
City contracts with specified
percentages allocated to minority and
women -owned small businesses, etc. (See
label 29).
35.
EMERGENCY ORDINANCE: Amend Code Chapter
ORDINANCE
39 - repeal Section 39-12.1 in its
10539
entirety thereby doing away with the
1/12/89
requirement for liability insurance
from street vendors.
87-95
95-96
96-97
97-99
100-105
If
Is
$$. A. REQUEST GREATER MIAMI HOST COMMITTEE R 89-32 117-121
to favorably consider funding the R 89-32.1
Greater Miami Opera for a free public 1/12/89
performance of "La Boheme".
B. Designate April 27, 1990 as one of
30 days reserved for City use of
Bayfront Park (Ord. 10348) in
connection with the staging of the 7th
Worldwide Madame Butterfly Competition
hosted by Greater Miami Opera.
37. MIAMI SENIOR HIGH SCHOOL: Refer to City R 89-33 122-123
Manager funding :request by Miami Senior 1112/89
High - direct Manager to use up to his
discretionary power in trying to
accommodate said request.
38. Designate local newspapers for M 69-34 123-132
publication of City legal and public 1/12/89
notices, with provisos. (Following
passage of this resolution, one City
Commissioner petitioned that Atenas
news be added to the existing list of
local newspapers - See label 40.)
39. AUTHORIZE NEGOTIATION OF CONTRACT WITH R 89-35 133-135
MOORE GOVERNMENTAL SYSTEMS, INC. for 1/12/69
the acquisition of computer software
for personnel -payroll and accounts
receivable systems.
40. (Continued Discussion) A. Reconsider M 69-36 135-137
prior vote on Agenda item 31 setting M 89-37
forth the names of local newspapers to 1112/89
be used for citywide advertising.
B. Restate list of designated
newspapers for citywide advertising
substituting The Miami Herald for Miami
News and adding Atenas News, with
provisos (See label 38.)
41. ACCEPT BID: CUNNINGHAM-WOODS, INC. - R 89-38 137
refurbishing of the computer room at 1/12/89
the Police Station.
42. A. AMEND LEASE AGREEMENT WITH R 89-39 138-144
UNIVERSITY OF MIAMI - allow UM to add DISCUSSION
additional conference room space to 1/12/89
space leased at Miami Convention
Center.
B. Authorize Amendment No. 3 to the
Lease and Agreement for Development
releasing to the City additional
conference rooms previously subject to
an option by the University.
43. AUTHORIZE ISSUANCE OF RFP FOR THE
R 89-40
144-145
PROVISION OF BOND UNDERWRITING
1/12/89
SERVICES - authorize appointment of
selection committee.
44. CAPITAL IMPROVEMENTS PROJECTS: approve
M 89-41
145-165
in principle certain programs.
1/12/89
45. APPROVE IN PRINCIPLE USE OF ALLAPATTAH
R 89-42
165-170
RESIDENTIAL MINI PARK - to provide low
1/12/89
cost day care services to area
residents.
4, y,
tZ:
a 5
f p
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$)SCUTS AGREEMENT WITH WYATT COMPANY - R 89-43
to conduct a preliminary assessment of 1/12/89
the impact of the Tax Reform Act of
1986 on the City's group benefits plan.
47. EXECUTE AGREEMENT WITH PERSONNEL R 89-44
DECISIONS, INC. - to conduct a police 1/12/89
test validation project.
48. DISCUSSION AND TEMPORARY DEFERRAL OF DISCUSSION
APPOINTMENT OF INDIVIDUALS TO THE 1/12/89
AFFIRMATIVE ACTION ADVISORY BOARD (See
labels 50 and 54).
49. APPOINT INDIVIDUAL AS MEMBER OF THE M 89-45
PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH 1/12/69
FLORIDA. (Notes appointed was Maria
Cristina Palaclos for the private
sector, and one appointment is still
pending.)
SO. (Continued Discussion) APPOINT R 89-46
INDIVIDUAL TO THE AFFIRMATIVE ACTION 1/12/89
ADVISORY BOARD. (Note: appointed was
Laurastine Pierce and one appointment
is still pending - See labels 48 and
54).
51. APPOINT INDIVIDUAL AS MEMBER OF THE R 89-47
CITY OF MIAMI HEALTH FACILITIES 1/12/89
AUTHORITY. (Note: appointed was Juan E.
Serralles, Jr., Esq., and one
appointment is still pending.)
52. APPOINT Ray Penland TO THE BOARD OF R 89-48
TRUSTEES OF THE CITY OF MIAMI FIRE 1/12/89
FIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST.
53. APPOINT Robert Williams TO THE BOARD OF R 89-49
TRUSTEES OF THE CITY OF MIAMI FIRE 1/12/89
FIGHTER'S AND POLICE OFFICERS'
RETIREMENT TRUST.
54. (Continued Discussion) Brief comments DISCUSSION
to the Administration regarding 1/12/89
appointments to the Affirmative Action
Advisory Board (See labels 48 and 50).
55. SECOND READING ORDINANCE: Require any ORDINANCE
future leases of City -owned property to 10540
private clubs and organizations to 1/12/89
contain language mandating adoption and
implementation of an affirmative action
plan.
56. RATIFY CITY MANAGER'S FINDING OF SOLE
COURSE - waive requirement for
competitive sealed bids - approve
acquisition of 1989 Florida Law
Enforcement Handbooks from Metro -Dade
Police.
57. RATIFY CITY MANAGER'S ACTION - approve
repairs of the electrical switchgear at
Bobby Maduro Stadium on an emergency
basis - authorize issuance of purchase
order to Robstone Company.
171-172
112-113
173-174
174-17S
175-176
176-177
177-178
178
179
179-188
R 89-50 1$8-189
1/12/89
56,
RATIFY CITY MANAGER'S ACTION -
R 69-52
190-191
authorize repairs to the City's asphalt
1112/89
paving machine on an emergency basis -
authorize issuance of purchase order to
Adams Dewind Machinery Company.
59.
ACCEPT COMPLETED WORK: Douglas N.
R 89-53
191-192
Higgins, Inc. - Winona Sanitary Sewer
1/12/89
CIP Project No. 351169 - authorize
final payment.
60.
WAIVE CITY CODE PROHIBITION AGAINST
R 89-54
192-193
TRANSACTION OF BUSINESS WITH A CITY
1/12/89
OFFICIAL AS IT APPLIES TO HOWARD V.
GARY.
61.
ACCEPT COMPLETED WORK: M. Vila and
R 89-55
193
Associates, Inc. - Citywide Highway
1/12/89
Improvement - Phase III CIP Project No.
341153 - authorize final payment.
62.
CONFIRM ORDERING RESOLUTION 88-1019:
R 89-56
194-195
Authorize Miami - Dade Water and Sewer
1/12/89
Authority Dept. to advertise for sealed
bids regarding construction of Miami
River Canal Sanitary Sewer Improvement
(in District SR-5555-C - centerline
sewer) - authorize reimbursement to
Miami -Dade Water and Sewer Department
for their cost in said sewer
improvement.
63.
AUTHORIZE INCREASE IN CONTRACT WITH
R 89-57
195
P.N.M. CORPORATION for construction of
1/12/89
Dinner Key Marina Paving and Landside
Utilities CIP Project No. 414005 -
ratify finding of emergency
circumstances.
64.
WAIVE CITY CODE PROHIBITION AGAINST
R 89-58
196
APPEARANCE OF FORMER EMPLOYEE AS IT
1/12/89
APPLIES TO WALTER L. PIERCE.
65.
RATIFY CITY MANAGER'S FINDING OF SOLE
R 89-59
197-198
SOURCE - waive bidding requirement -
1/12/89
approve upgrading of Police
Department's automated finger print
identification system by acquiring an
image storage and retrieval subsystem
from De La Rue Printrak, Inc.
66.
DISCUSS AND REFER TO THE CITY MANAGER
DISCUSSION
198-202
REQUEST FROM JEFFREY INDUSTRIES, INC.
1/12/89
IN CONNECTION WITH THE THIRD ANNUAL
LATIN MUSIC AWARDS (BRAVO AWARDS).
67.
(Continued Discussion) A. Appoint
R 89-60
203-207
George Knox, Esq. as Chairman of the
M 89-61
Miami Sports and Exhibition Authority.
1/12/89
H. Instruct Administration to conduct
an audit of the Miami Sports and
Exhibition Authority beginning October
1, 1988 to the present (See labels 30
and 69).
68.
BRIEF DISCUSSION REGARDING STATE ROAD
DISCUSSION
207-208
112 CONSTRUCTION PROJECT.
1/12/89
60. (Continued Discussion) CHAIRMANSHIP OF M 89-62
THE MIAMI SPORTS AND EXHIBITION 1112189
AUTHORITY - reject resignation of
Eugene Marks as member of the Miami
Sports and Exhibition Authority (See
labels 30 and 67).
70. GRANT REQUEST FROM "YOUTH AT RISK" DISCUSSION
CENTER. 1/12/89
71. USE OF THE CITY'S GOLF COURSES: Afford R 69-63
Tracy Kerdyk and Dewey Knight the 1/12/89
privilege of using facilities for an
Indefinite period of time.
72. EDGEWATER-MIAMI MINI POLICE STATION: R 89-64
Allocate $185 to cover park permit, 1/12/89
showmobile and equipment fees for fund
raising event.
73. SCHEDULE PUBLIC HEARING FOR RESIDENTS M 89-65
OF LOQUAT AND KUMQUAT AREA (SOUTH 1/12/89
GROVE) - regarding traffic problems and
proposed placement of barricades.
74. DISCUSSION CONCERNING DISCUSSION
APPOINTMENTS TO BE MADE ON THE 1/12/89
COCONUT GROVE FESTIVAL COMMITTEE.
208-209
210-212
212
213
213-217
217-218
75.
BANYAN FESTIVAL: Authorize closure of
R 89-66
218-221
designated streets, establish
1/12/89
pedestrian mall, two-day beer and wine
permit, establish area prohibited to
retail peddlers, etc.
76.
CARIBE MUSICALE II FUND-RAISING EVENT:
R 89-67
222-223
Designate March 25, 1989 as one of 30
1/12/69
days reserved for City use of Bayfront
Park (Ord. 10348), pursuant to request
from Florida InterAmerican Scholarship
Foundation.
77.
REQUEST FURTHER INFORMATION FROM
DISCUSSION
223-224
ADMINISTRATION CONNECTION WITH CHOPIN
1/12/89
PLAZA.
78.
GRANT FUNDING REQUEST OF $30,000 IN
M 89-68
224-225
SUPPORT OF "KEEP DADE BEAUTIFUL".
1/12/89
79.
CUBAN AMERICAN CHAMBER OF COMMERCE AND
DISCUSSION
225-226
CLUB TURISMO INTERNACIONAL: Discussion
1/12/89
regarding request for use of Bayfront
Park - inkind services, street
closures, etc., in connection with
Carnival Latino Americano Open House
Caller Flagler 1989.
a0. REQUEST FLORIDA POWER AND LIGHT TO BURY R 89-69
UNDERGROUND EXISTING OVERHEAD LINES AND 1/12/89
CABLES IN THE MORNINGSIDE HISTORIC
DISTRICT.
al. AMEND PRIOR MOTION WHICH LEASED CITY M 89-70
PROPERTY TO METRO-DADE FOR USE AS 1/12/89
SHELTER FOR NICARAGUANS: Substitute the
word "homeless" for the word
"Nicaraguans".
226-235
235
•
DISCUSSION CONCERNING METRO-DADE DISCUSSION
COUNTY'S RESPONSIBILITY TO PROVIDE 1/12/89
HOUSING FOR THE HOMELESS.
83. APPROVE ADMINISTRATION'S DECISION WHICH R 89-71
REJECTED PROTEST SUBMITTED REGARDING 1/12/89
AWARD OF CITY CONTRACT FOR INSTALLATION
OF BUS SHELTERS TO "SHELTER ADVERTISING
OF AMERICA".
$4. APPROVE CITY'S APPLICATION FOR A GRANT R 89-72
FROM THE FLORIDA DEPARTMENT OF NATURAL 1/12/89
RESOURCES FY'89-90 FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM:
Authorize execution of agreements in
connection with the Allapattah Comstock
Park Redevelopment Project (No. 331303)
(See label 13).
$5. DECLARE AS CATEGORY "A" SURPLUS STOCK 3 R 89-73
SCOOTERS: Authorize donation of same to 1/12/89
city of Monte: de Oca, Costa Rica.
86. SCHEDULE PUBLIC HEARING CONCERNING M 89-74
PROPOSED STREET CLOSURES IN THE MIAMI 1/12/89
DESIGN DISTRICT AREA.
87. REJECT ALL CONSTRUCTION BIDS RECEIVED R 89-75
IN CONNECTION WITH THE NORTH FLAGLER 1/12/89
SANITARY SEWER IMPROVEMENT PROJECT.
(See label 24)
Be. AUTHORIZE ADMINISTRATION TO PAY IN FULL R 89-76
THE PURPLEHEART MANUFACTURING COMPANY - 1/12/89
in connection with piles supplied for
Bayfront Park.
89. AUTHORIZE CITY MANAGER TO LEASE FROM R 89-77
RECOVERY SYSTEMS, INC. 12 STOLEN 1/12/89
VEHICLE RECOVERY SYSTEMS - for Police
Dept.
90. DISCUSSION CONCERNING REQUEST FOR
DISCUSSION
SUPPORT FROM ST. ALBAN'S DAY NURSERY,
1/12/89
INC. REGARDING THEIR CHILD CARE
PROGRAM.
91. INSTRUCT MANAGER TO REVIEW ALLEGATIONS
M 89-78
CONCERNING TWO EMPLOYEES OF THE HOUSING
1/12/89
CONSERVATION AND DEVELOPMENT AGENCY
(WILMA WILCOX AND JOHNNIE MAE BARBER) -
request further investigation and
information from Administration -
further requesting full report on
personnel relations problems in the
Fire Dept. and funding report on the
Housing Agency.
92. REFER TO CITY MANAGER COCONUT GROVE
LOCAL DEVELOPMENT CORPORATION'S REQUEST
FOR WAIVER OF SURCHARGE ON TICKET SALES
REGARDING JAMAICAN HURRICANE RELIEF
EVENT.
93. AUTHORIZE TEMPORARY SPECIAL DOCKAGE
RATES AT CITY MARINAS TO ACCOMMODATE
VESSELS SCHEDULED FOR BERTHING AT
BISCAYNE BAY MARRIOTT MARINA.
M 89-79
1/12/89
236
239
240
240-245
245-246
246-249
250-254
254-257
257-264
264-268
R 89-80 268
1/12/89
PROPOSAL SUINITnD it Pl AGLER LANDMAN 1 J12/89
ASSOCIATIS REGARDING PROPOSED
RENOVATION AND REDEVELOPMENT OF GUSHAN
CENTER/OLYHPIA BUILDING - due to Off -
Street Parking Board's decision not to
proceed.
9� ACCEPT RENTAL REHABILITATION PROGRAM
R 89-62 1� i
GRANT FROM HUD ($06,000) - to increase
1J12/89 -
supply of affordable standard housing
for low income families.
�br REACT PROPOSED ONE-WAY TRAFFIC CONTROL
R 84-83 272 1716 �
MEASURES IN THE BAY HEIGHTS/NATOMA
1/12/89
MANOR NEIGHBORHOODS.
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4 9 a
MINUTES OF REGULAR MELTING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of January, 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 9:10 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Commissioner Kennedy then
led those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS
1. Welcome to a group of ballet students from Buenos Aires, Argentina who
are presently participating in an exchange program, under the auspices of
our Sister City Program, with Miami's Ballet Concerto.
NOTE FOR THE RECORD: The minutes of the Planning and Zoning Meetings of
September 27, October 27, and November 17, 1988 and the Regular City
Commission Meetings of October 6, and November 3, 1988, were approved by
a unanimous vote.
2. CONSENT AGENDA
Mayor Suarez: We have a consent agenda, Madam City Clerk.
Ms. Hirai: Yes, sir.
Mayor Suarez: Items 1 through 19, is that correct? -constitute the consent
agenda and we will take these up in one motion. If anyone wishes to be heard
on items 1 through 19 from the general public, let them step forward at this
point. Let the record reflect that no one has stepped forward.
Commissioners, do you want to pull any items for separate consideration?
Mrs. Kennedy: I'd like to pull number seven.
Mayor Suarez: Item seven, Commissioner Kennedy.
Mr. Dawkins: Fifteen.
Mayor Suarez: Commissioner Dawkins, fifteen.
1 January 12, 19$9
Mr. Mummer: Ten.
Mayor Suarez: Ten, Commissioner Plummer.
Mr. De Yurre: Fourteen.
Mayor Suarez: Vice Mayor De Yurre, fourteen. items 1 through 19, with the
exceptions of 7, 10, 14, and 15 comprise the consent agenda. I'll entertain a
motion on those.
Mr. Jorge L. Fernandez: Mr. Mayor, one second, please. I Mould like for you
to take out number 12 also and it's very brief but there...
Mayor Suarez: We got a clarification on that. OK, with the exception of
Items 10, 12 - 7, 10, 12, 14, and 15, items 1 through 19 comprise the consent
agenda. I'll entertain a motion on it.
Mrs. Kennedy: So move.
Mayor Suarez: Moved.
Mr. Plummer: What are you doing, withdrawing it?
Mayor Suarez: Do you want to second? Seconded.
Mr. Fernandez: No, no, not withdrawing, just... it needs to be passed but
with one condition.
Mayor Suarez: Any discussion on those items that comprise the consent agenda?
Call the roll.
ON MOTION DULY MADE BY COMMISSIONER KENNEDY AND SECONDED BY VICE
MAYOR DE YURRE, THE CONSENT AGENDA, AS AMENDED, WAS PASSED 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.
2.1
ACCEPT DONATION OF ONE PORTABLE BATTING CAGE from Miami Dade Community
College, Wolfson Campus - for Parks Dept.
RESOLUTION NO. 89-1
A RESOLUTION ACCEPTING THE DONATION OF ONE PORTABLE
BATTING CAGE, WITH AN ESTIMATED VALUE OF 42000, FROM
MIAMI DADE COMMUNITY COLLEGE, WOLFSON CAMPUS, FOR
USE BY THE DEPARTMENT OF PARKS, RECREATION AND
PUBLIC FACILITIES, IN CONJUNCTION WITH THE "PRIDE IN
MIAMI PARKS" ADOPT -A -PARK PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.) _
0
10k
$.2 1989 NATIONAL CONFERENCE OF THE AMERICAN SOCIETY FOR PUBLIC
ADMINISTRATION (ASPA): Allocate $10,000 from Metro -Dade Tourist Bed Tax.
RESOLUTION N0. 89-2
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$10,000 FROM THE METRO DADE TOURIST BED TAX, ACCOUNT
NO. 580331, PROJECT 195001, IN SUPPORT OF THE 1989
NATIONAL CONFERENCE OF THE AMERICAN SOCIETY FOR
PUBLIC ADMINISTRATION (ASPA) TO BE HELD IN MIAMI,
APRIL 9-12, 1989.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.3 YOUNG TECHNOLOGIES GROUP, INC.: Authorize purchase of 3 pumper
apparatus, 2 Quint apparatus and related firefighting tools and
equipment - for Fire Dept. (See labels 6 and 6).
RESOLUTION NO. 89-3
A RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3)
PUMPER APPARATUS, TWO (2) QUINT APPARATUS AND
RELATED FIREFIGHTING TOOLS AND EQUIPMENT UNDER AN
EXISTING DADE COUNTY BID NO. 176-37 FROM YOUNG
TECHNOLOGIES GROUP, INC. FOR THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED
COST OF $1,555,658.80; ALLOCATING FUNDS THEREFOR
FROM THE FIRE BOND ACCOUNT NO. 313229-289401-840
"FIRE RESCUE NEW APPARATUS ACQUISITION FY-89";
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
NOTE: Later reconsidered by M-89-16 and passed once
again as R-69-18.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.4 ACCEPT BIDS: BALADO NATIONAL TIRES, FEDAN TIRE COMPANY, MARTINO TIRE
COMPANY MIAMI TIRESOLES, INC., AND PALMETTO KAWASAKI - for furnishing
vehicle tires and tubes (See labels 4 and 7).
RESOLUTION NO. 89-4
A RESOLUTION ACCEPTING THE BIDS OF BALADO NATIONAL
TIRES IN THE AMOUNT OF $115,841.50, FEDAN TIRE
COMPANY IN THE AMOUNT OF $8,774.60, MARTINO TIRE
COMPANY IN THE AMOUNT OF SL09,769.05, MIAMI
TIRESOLES, INC. IN THE AMOUNT OF 45,230.35 AND
PALMETTO KAWASAKI IN THE AMOUNT $25,384.50 FOR A
TOTAL AMOUNT OF $265,000.00 FOR THE FURNISHING OF
VEHICLE TIRES AND TUBES; ALLOCATING FUNDS THEREFOR
FROM THE 1988-89 BUDGET ($215,000.00) AND FROM THE
1989-90 BUDGET (45,000.00), SUBJECT TO THE
AVAILABILITY OF FUNDS, OF THE GENERAL SERVICES
ADMINISTRATION/FLEET MANAGEMENT DIVISION ACCOUNT
CODE NO. 420901-850; AND FROM THE 1988-89 BUDGET
($26,250.00) AND FROM THE 1989-90 BUDGET
($16,750.00), SUBJECT TO THE AVAILABILITY OF FUNDS,
OF THE FIRE, RESCUE & INSPECTION SERVICES ACCOUNT
CODE NO. 280701-721 AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXTEND THESE CONTRACTS FOR AN ADDITIONAL
ONE YEAR PERIOD AT THE SAME PRICE, TERMS AND
CONDITIONS SUBJECT TO THE AVAILABILITY OF FUNDS;
AUTHORIZING THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE SERVICES.
3 Jonuary
Is th
NOTEs Later reconsidered by M 69-15 and passed once
again as R 89-17.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.5 ACCEPT BID: HORIZON INDUSTRIES TRAILER, INC. - for furnishing 3 horse
trailers for GSA Dept.
RESOLUTION NO. 89-5
A RESOLUTION ACCEPTING THE BID OF HORIZON INDUSTRIES
TRAILER, INC. FOR FURNISHING THREE (3) HORSE
TRAILERS FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AT A TOTAL PROPOSED COST OF
$23,700.00- ALLOCATING FUNDS THEREFOR FROM THE 1988-
89 OPERATING BUDGET ACCOUNT CODE NO. 420901-850;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.6 ACCEPT BID: PANDICK MIAMI - for typesetting the Comprehensive Annual
Report for GSA Dept./Graphic Reproductions Division.
RESOLUTION NO. 89-6
A RESOLUTION ACCEPTING THE BID OF PANDICK MIAMI FOR
THE TYPESETTING OF THE COMPREHENSIVE ANNUAL REPORT
FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/GRAPHIC REPRODUCTIONS DIVISION AT A
TOTAL PROPOSED COST OF $10,500.00 ALLOCATING FUNDS
THEREFOR FROM THE 1988-89 FINANCE DEPARTMENT
OPERATING BUDGET ACCOUNT CODE NO. 260201-773;
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.)
2.7 ACCEPT BID/AUTHORIZE EXECUTION OF CONTRACT: MANTELL ENGINEERING
CONTRACTOR, INC. - for Local Drainage Project E-57, Project No. 352251.
RESOLUTION NO. 89-7
A RESOLUTION ACCEPTING THE BID OF MANTELL
ENGINEERING CONTRACTOR, INC. IN THE PROPOSED AMOUNT
OF $947,669.69, BASE BID OF THE PROPOSAL, FOR LOCAL
DRAINAGE PROJECT E-57, (SECOND BIDDING); WITH MONIES
THEREFOR ALLOCATED FROM THE 1989 CAPITAL IMPROVEMENT
ORDINANCE NO. 10521 AS AMENDED, PROJECT NO. 352251
IN THE AMOUNT OF $947,669.69 TO COVER THE CONTRACT
COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
A
2.8 ACCEPT COMPLETED WORK: MIRI CONSTRUCTION CO., INC. - for Local Drainage
Project Flagler Street Repair E-SO, Project No. 352232.
RESOLUTION NO. 89-8
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MIRI
CONSTRUCTION CO., INC. AT A TOTAL COST OF $49,800.00
FOR LOCAL DRAINAGE PROJECT FLAGLER STREET REPAIR E-
58 (SECOND BIDDING) CIP PROJECT NO. 352232 AND
AUTHORIZING A FINAL PAYMENT OF $4,980.00.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.9 AMEND AGREEMENT: ERM-SOUTH, INC. - for professional services and
remedial action related to contaminated material on Block 24 of the
Southeast Overtown/Park West Community Redevelopment Area.
RESOLUTION NO. 89-9
A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN
AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED, TO
THE AGREEMENT DATED SEPTEMBER 20,1988 BETWEEN ERM-
SOUTH, INC., AND THE CITY OF MIAMI, FOR PROFESSIONAL
SERVICES AND ADDITIONAL REMEDIAL ACTION RELATED TO
CONTAMINATED MATERIAL ON BLOCK 24 OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA;
ESTABLISHING $34,155 FOR SAID PROFESSIONAL SERVICES
AND ADDITIONAL REMEDIAL ACTION; USING FUNDS THEREFOR
IN AN AMOUNT NOT TO EXCEED $34,155 FROM 1976 HOUSING
GENERAL OBLIGATION BONDS FUND INTEREST PREVIOUSLY
ALLOCATED TO THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT PROJECT CIP NO. 322029.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.10 ACCEPT 6 DEEDS OF DEDICATION for highway purposes.
RESOLUTION NO. 89-10
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE
CITY OF MIAMI TO ACCEPT SIX (6) DEEDS OF DEDICATION
FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF
SAID DEEDS 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.)
2.11 30TH ANNUAL ARTIST'S DAYS FESTIVAL - VIZCAYA MUSEUM AND GARDENS:
Authorize street closures.
RESOLUTION NO. 89-11
A RESOLUTION CONCERNING THE 30TH ANNUAL ARTIST'S
DAYS ARTS FESTIVAL TO BE HELD BY VIZCAYA MUSEUM AND
GARDENS ON FEBRUARY 4 AND 5, 1989, PROVIDING FOR THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; FURTHER CONDITIONED UPON THE
REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST
ANY POTENTIAL LIABILITY AND UPON THE ORGANIZERS`
PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5
January 12,
19: 9
2.12 PHILHARMONIC ORCHESTRA OF FLORIDA: Benefit concert at Bayfront Park
Amphitheater for a Women's Place Shelter.
RESOLUTION NO. 89-12
A RESOLUTION CONCERNING A BENEFIT CONCERT FOR A
WOMEN'S PLACE SHELTER TO BE CONDUCTED BY THE
PHILHARMONIC ORCHESTRA OF FLORIDA AT BAYFRONT PARK
AMPHITHEATER, HEREBY DESIGNATING MAY 13, 1989, AS
ONE OF THE THIRTY (30) DAYS RESERVED FOR USE BY THE
CITY PURSUANT TO ORDINANCE NO. 10348; FURTHER
DIRECTING THE ORGANIZERS TO POST A BOND TO COVER THE
COST OF SOLID WASTE FEES AND SERVICES FOR THE EVENT;
FURTHER CONDITIONED UPON ORGANIZERS PAYING FOR THE
NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH
SAID EVENT AND THE REQUIREMENT THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.13 BORINQUEN HEALTH CLINIC: Allocate $6,500 for parking costs at Municipal
Lot No. 56 located at N.E. 38 Street.
RESOLUTION NO. 89-13
A RESOLUTION ALLOCATING $6,500 FROM SPECIAL PROGRAMS
AND ACCOUNTS, TO IMPLEMENT THE DISPOSITION OF EXCESS
REVENUE RECEIVED FROM THE DEPARTMENT OF OFF-STREET
PARKING FOR FUNDING PARKING COSTS OF THE BORINQUEN
HEALTH CLINIC AT MUNICIPAL LOT NO. 56, LOCATED AT
NORTHEAST 38TH STREET IN THE CITY OF MIAMI, AS
PREVIOUSLY DIRECTED BY THE CITY COMMISSION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.14 1989 COCONUT GROVE ART FESTIVAL: Correct scrivener's error - change
event's dates.
RESOLUTION NO. 89-14
A RESOLUTION CONCERNING THE 1989 COCONUT GROVE ART
FESTIVAL TO BE HELD IN PEACOCK PARK AND MEYERS PARK
AND IN THE VICINITY OF SAID PARKS BY AMENDING
SECTIONS 1, 3 AND 4 OF RESOLUTION NO. 88-1117,
ADOPTED NOVEMBER 17, 1988, TO CORRECT A SCRIVENER'S
ERROR IN THE BODY OF SAID RESOLUTION NO. 88-1117 TO
REFLECT THE DATE OF SAID FESTIVAL AND STREET
CLOSURES AS FEBRUARY 18 THROUGH 20, 1989.
(Here follows body of resolution, omitted here and
M file in the Office of the City Clerk.)
3. ROBBINS COMPANY: Discussion on furnishing service emblems awards to
Personnel Management Dept. (See label 9).
Mayor Suarez: Commissioner Kennedy, item 7.
Mrs. Kennedy: Yes, on 7, we're talking about pins and emblems and I find it
very hard to understand why 15 courtesy notifications were sent out to non
minority vendors and yet no one responded. I just wanted somebody to explain
why.
Mayor Suarez: For members of the audience that may not be familiar with the
Yahweh Ben Yahweh organization, this is not a new City uniform. We welcome
you to our Commission proceedings.
Mr. Plummer: Are you sure of that?
Mayor Suarez: It might not be a bad idea.
4. (Continued Discussion) RECONSIDER BID ACCEPTANCE: BALADO NATIONAL TIRES,
FEDAN TIRE COMPANY, MARTINO TIRE COMPANY MIAMI TIRESOLES, INC., AND
PALMETTO KAWASAKI - for furnishing vehicle tires and tubes (See labels
2.4 and 7).
Mr. Dawkins: The school board has new uniforms so I guess we could change if
we had to. Oh, I'm sorry, pull four too, Mr. Manager - Mr. Mayor.
Mayor Suarez: Let's entertain a motion to reconsider item 4 while we get
together on this other matter. Why don't you move...
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Call the roll, reconsideration of item
four.
The followig motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-15
A MOTION TO RECONSIDER PREVIOUSLY PASSED AGENDA ITEM
NO. 4 REGARDING PROPOSED ACCEPTANCE OF RENEWABLE BIDS
FOR FURNISHING TIRES AND TUBES ON A CONTRACT BASIS FOR
USE BY THE GSA AND FIRE DEPARTMENTS.
(NOTE: This item later passed as R-89-17.)
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.
7 January 12, 1989
......ter ------------ ---
S. brief Comments by Yahweh Zen Yahweh pledging his organization's support
to the City's efforts towards solving the problems of the homeless.
Mr. De Turre: Mr. Mayor, before we get into the agenda, since we have Yahweh
ben Yahweh here, he may want to address us and if we can expedite that, that
would be great.
Mayor Suarez: Is it anything that would be for Commission action, presumably
not, just a statement, is that... would you like to make a statement, Mr. Zen
Yahweh?
NOTE FOR THE RECORD: At this point, the City Clerk calls
the roll on the motion to reconsider item four.
Mayor Suarez: Please, would you give us the name into the record and your
address please?
Mr. Tahveh ban Yahweh: I am Yahweh Ben Yahweh, address 2766 N.V. 62nd St. I
would like to first acknowledge our Mayor, Suarez, it's good to see you. And
to acknowledge Miller Dawkins, Commissioner, it's good to see you again. And
Vice Mayor Victor De Turre, it's good to see you again. And Rosario Kennedy,
It's good to see you again, as well as City Manager, Chief Odio, it's good to
see you again. And to Mr. J.L. Plummer, I've never met you before but since I
see your name, it's good to see you for the first time. I'm here to address
the fact that we are here to support the City's efforts to house the homeless
and whatever else you deem necessary to solve the problems surrounding the
homeless. I'm here to cooperate with you, specifically in regards to
applications for federal funding to come to this City in behalf of solving the
problem of the homeless so that we can have a beautiful City in Miami as well
as perhaps lead the nation in setting a class act of cleaning up and making it
good. That's a record that I have and I wanted to share that with you this
morning.
Mayor Suarez: Thank you, we have, in the past and are continuing to cooperate
with any non profit agency that fulfills all the criteria that I think you're
familiar with for helping the homeless or for helping anyone that is trying to
obtain affordable housing in our City and I think that you've been in
communication with the Vice Mayor on that and at the appropriate time we'll be
presenting whatever items need legislative action on our part. In the
meantime, I think it's a valid statement to may that on behalf of the
Commission, we commend the efforts that you have had in improving the living
conditions in the areas that you've built and rehabilitated buildings.
Commissioner De Turre.
Mr. be Turre: It's significant also that some may not know it, but they've
been dealing with the City of Miami now for quite a while with different
projects in getting rehab situations addressed so it's important that that be
noted and that this group, along with many other groups, are stepping forward
and getting involved in the situation. Cesar and I were just talking a moment
ago about what's happening, how now we're getting them by the busloads and,
you know, we just can't deal with this. We don't have the funds to deal with
this and the federal government has turned its back on this situation up to
now and we're trying to do the best we can and we have to command private
groups such as this one right here and others for stepping forward and
assisting us in trying to deal with it even though it certainly isn't enough
but, you know, we're doing the best we can right now.
Mayor Suaraz: Thank you for your...
Mrs. Kennedy: I think that together with your help and the task force that
the City appointed to solve the problem of the homeless, I think you're right
when you say that the City of Miami will set an example. I think we'll be
right there in the forefront and people will be very proud of us. Thank you.
6 January 12, 1989
0 14
Mayor Suarez: Thank you for your statement and your Pp-earance here today.
You're welcome to - I'm sorry, Commissioner Dawkins, did you want to say
something?
Mr. Dawkins: I think the most important things has been overlooked. It's not
that Yahweh Ben Yahweh is stepping forward to do something new that he has not
been doing all along, he has been providing space and homes for homeless
people. He has been providing retraining for those homeless people. He also
has been providing schooling and technical training job readiness, so this is
nothing new. So I don't want the public to think that Yahweh Ben Yahweh came
forward to reinvent the wheel. He only came forward to add another spoke to
the wheel. Thank you, my brother.
Mr. Ben Yahweh: Thank you.
Mayor Suarez: Thank you for your appearance.
6. (Continued Discussion) YOUNG TECHNOLOGIES GROUP, INC.= Reconsider
purchase of 3 pumper apparatus, 2 Quint apparatus and related
firefighting tools and equipment - for Fire Dept. (See labels 2.3 and
8).
Mr. Dawkins: I also, I'm sorry, Mr. Mayor, because I was carried away, I need
3 pulled also.
Mayor Suarez: A motion to reconsider three.
Mr. Dawkins: But we do four first...
Mrs. Kennedy: So move.
Mayor Suarez: Three. Seconded. Call the roll on the motion to reconsider.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-16
A MOTION TO RECONSIDER PREVIOUSLY PASSED AGENDA ITEM
NO. 3 REGARDING PROPOSED AUTHORIZATION FOR PURCHASE OF
THREE PUMPER APPARATUS AND RELATED FIREFIGHTING TOOLS
FROM YOUNG TECHNOLOGIES GROUP, INC.
(NOTE: This item later passed as R-89-18.)
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.
9 January 12, 1989
7. (Continued Discussion) ACCEPT BID: SALADO NATIONAL TIRES, FEDAN TIRE
COMPANY, MARTINO TIRE COMPANY MIAMI TIRESOLES, INC., AND PALMETTO
KAWASAKI - for furnishing vehicle tires and tubes (See labels 2.4 and
4).
Mayor Suarez: Item three.
Mr. Dawkins: No, let's do four first.
Mayor Suarez: Item four.
Mr. Dawkins: Mr. Williams, Mr. Williams, last year I questioned why no blacks
are on this list to sell automobile tires to the City of Miami. I come back
this year and I see you do not have a black company. There are black
companies out there that buy and sell tires. I move that this be continued
until the next meeting and that the administration be charged by this
Commission with finding some blacks and at least let them bid. Now, if
they're not competitive, I do not expect you to hand them anything. But the
mere fact that for two years in a row, and in the backup material, sir, if you
will show me one black vendor on there, I'll rescind my motion.
Mayor Suarez: So moved. What is the answer to that question while we... do
we have a second on that?
Mrs. Kennedy: Second.
Mayor Suarez: What is the answer on, is it impossible, have you tried, have
you not tried sufficiently, what are we going to expect when we get back to
this item, Ron?
Mr. Ron Williams% Mr. Mayor, I obviously don't know that we will absolutely
get a response from a black vendor. You will notice that we did provide an
invitation to bid to at least two black firms. We did not...
Mr. Dawkins: What were their names?
Mr. Williams: Community Tire Center, fifty...
Mr. Dawkins: What page is that on, Mr. Williams?
Mr. Williams: I'm looking at my bidders list...
Mr. Dawkins: I'm looking at the tabulations of bids also, sir. I see woman
owned - let's start with the last page, air. Woman owned minority, Hispanic
minority, non minority, non minority, Hispanic minority, non minority,
Hispanic minority, Hispanic minority. Second page, woman owned minority,
Hispanic minority. non minority, Hispanic minority, Hispanic minority, non
minority, Hispanic minority, Hispanic minority. The third page, woman owned
minority, Hispanic minority, non minority, non minority, Hispanic minority,
non minority, Hispanic minority, Hispanic minority. Fourth page, woman owned,
Hispanic, non minority, non minority, Hispanic, non minority, non minority,
Hispanic. Go to the fifth page, woman owned, Hispanic, non minority, non
minority, Hispanic, non minority, Hispanic, Hispanic. Go to the sixth page,
woman owned, Hispanic, non minority, non minority, Hispanic, non minority,
Hispanic, Hispanic. Go to the sixth page, woman owned, Hispanic, non
minority, minority, Hispanic, non minority, Hispanic minority. I do not see a
black owned on here any place.
Mr. Williams: That's accurate, Commissioner. You're reading from a bid
tabulation of vendors that we did at least receive some or one bid from. We,
if you'll notice from my summary of bid tabulations, the two bids that were
mailed to black vendors specifically, Community Tire Center, 5320 N.W. 32nd
Avenue and World Wide Marketing Concepts, 15730 N.W. 7th Avenue, did not
respond to our bid. Therefore, they're not included on our bid tabulation.
Mr. Dawkins: All right, I move that Mr. Williams assign somebody with my aide
to go and contact these two individuals and report back at the next meeting
why they didn't respond to the bid.
10 January 12, 1989
0 14
Mayor Suarez: Would you take care of that, Ron?
Mr. Williams: We host certainly will, Mr. Mayor. But if I may ask the
Commissioner to provide us with at least some period of time wherein we can
continue to procure tires until such time as we can get this issue resolved
for him, I would most appreciate it.
Mr. Dawkins: You know, Mr. Villiams, I wouldn't have a problem with that if
you guys didn't know I was going to do this. Now everybody over there knew
that I was going to yell and scream if I didn't see a black on here somewhere.
Now, you know that, so why come up here and put yourselves in the position
where you got, you know, got to say to me, hey, look, I need tires and I've
got to say yes because you may need tires for police cars, Mr. Williams. I
can't say no. I don't know what emergency vehicles you're talking about you
need tires for, right?
Mr. Williams: That's accurate, ■ir.
Mr. Dawkins: Well, see, so you box yourself in and you box me in, see,
because you box me in and then next time you need a favor, I don't return it
because you boxed me in.
Mr. Williams: Commissioner, we most certainly want to respond to the need as
we worked with the Office of Minority Procurement we did go out and procure,
at least identify vendors that could bid on this project. They did not
respond, we most certainly will go out and find out why.
Mr. Dawkins: No, I'll do better than this. Mr. Mayor, first I'll move to
pass four.
Mr. Plummer: Second.
Mayor Suarez: Withdraw the motion to...
Mr. Dawkins: Under discussion.
Mayor Suarez: Withdraw the motion and I presume the second is withdrawn on
the motion to defer and it's now a motion to ratify, to approve.
Mr. Dawkins: Now, under discussion, I'm going to take it upon myself to
report back to this Commission the name of every black wholesale tire company
In the City of Miami and I will provide this Commission with a list so that it
can provide it to the Manager and I also will get a sworn statement from each
of these companies stating why they did not bid.
Mayor Suarez: And, Mr. Manager, would you make sure that our Public
Information Office gets to the correct publications a press release explaining
the lack of, what we perceive and we may be incorrectly, of participants from
the black community in this bid effort, specifically the Miami Times. Now,
that's the kind of stuff that we need to be out in the community so people
read about it and get the idea that they can make a little money by getting
Involved in the tire business. We have a motion and a second. Any further
discussion? Call the roll.
11
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-17
A RESOLUTION ACCEPTING THE BIDS OF BALADO NATIONAL
TIRES IN THE AMOUNT OF $115,841.50, FEDAN TIRE COMPANY
IN THE AMOUNT OF $8,774.60, MARTINO TIRE COMPANY IN
THE AMOUNT OF $109,769.05, MIAMI TIRESOLES, INC. IN
THE AMOUNT OF $5,230.35 AND PALMETTO KAWASAKI IN THE
AMOUNT OF $25,364.50 FOR A TOTAL AMOUNT OF $265,000.00
FOR THE FURNISHING OF VEHICLE TIRES AND TUBES;
ALLOCATING FUNDS THEREFOR FROM THE 1988-89 BUDGET
($215,000.00) AND FROM THE 1989-90 BUDGET ($5,000.00),
SUBJECT TO THE AVAILABILITY OF FUNDS, OF THE GENERAL
SERVICES ADMINISTRATION/FLEET MANAGEMENT DIVISION
ACCOUNT CODE NO. 420901-850; AND FROM THE 1988-89
BUDGET ($26,250.00) AND FROM THE 1989-90 BUDGET
($18,750.00), SUBJECT TO THE AVAILABILITY OF FUNDS, OF
THE FIRE, RESCUE & INSPECTION SERVICES ACCOUNT CODE
NO. 280701-721 AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXTEND THESE CONTRACTS FOR AN ADDITIONAL
ONE YEAR PERIOD AT THE SAME PRICE, TERMS AND
CONDITIONS SUBJECT TO THE AVAILABILITY OF FUNDS;
AUTHORIZING THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE SERVICES.
(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.
8. (Continued Discussion) YOUNG TECHNOLOGIES GROUP, INC.: Authorize
purchase of 3 pumper apparatus, 2 Quint apparatus and related
firefighting tools and equipment - for Fire Dept. (See labels 2.3 and
6).
Mayor Suarez: Item three, Commissioner Dawkins.
Mr. Dawkins: On item three, Mr. Mayor, the Fire Department asked me some
questions that I couldn't answer, so I suggested that they come and ask the
Commission and see if they can't get the answers.
Lieutenant Lou Kikasola: Thank you, good morning, Lou Kikasola, vice
president, local 587, Miami Association of Firefighters, 1701 N.W. 79th
Avenue. This morning our concern is, and we've read the consent agenda
showing the purchasing apparatus, two of the apparatus is shown as quints, and
to give a brief history to the Commission, about six months ago, the Fire
Chief attempted to put a truck out of service at N.W. 7th Avenue and 36th
Street and a year prior to that, he attempted to reduce service in hospital
area by putting a truck out of service and an aerial at station 4 which none
of those things took place. And now we see here that he's going to attempt to
buy two pieces of apparatus that are called quints, and for educational
purposes, a quint is a combination aerial and pumper and you can either serve
it as one or the other, but you can't do both with them, and our concern is
there may be an attempt...
12 January 12, 1989
l`
Mayor Suarez: You can't do them both at the same time?
Lt. Kikasola: No, it's either a pumper or it's an aerial.
Mayor Suarez: But they're susceptible of being used either as a...
Lt. Kikasola: Yes, and the attempt...
Mayor Suarez: ... ladder or as a pumper.
Lt. Kikasola: ... and our concern is it may be veiled attempt to put trucks
or reduce service in this City and that's what our concern is this morning.
Mayor Suarez: There is an apparent contradiction there, Mr. Manager, or
Chief.
Chief Huddleston: This is not an attempt to put any...
Mayor Suarez: Put your name on the record, please.
Chief Huddleston: OK, Chief Huddleston, Deputy Chief of Administration, Fire
Department. There is no attempt to reduce the number of apparatus that we
have due to this purchase. The quints are going to be used simply as a more
versatile piece of machinery. We can do any number of things with that truck
that we can't do with a pumper and it's basically a state of the art piece of
equipment and we're trying to replace our aerials in some instances with these
trucks that give us greater capability.
Mayor Suarez: But I do remember being told at the Commission, as Lou is
indicating, and I think Commissioner Plummer got quite involved in the
discussion, maybe being a little bit more knowledgeable, that you were
indicating that under our budget constraints you were going to have to
eliminate at least one aerial or more or one pumper. I don't remember what it
was all about. Now, all of a sudden, we find a million and a half dollar item
to have this versatile machine. Does this make sense from the resource use
standpoint?
Chief Huddleston: Well, I don't think you'd find a big difference in the cost
of a pure aerial to a quint, they're basically the same. It just gives us
more flexibility in making operational decisions.
Mayor Suarez: Does it replace some equipment?
Chief Huddleston: Yes, these are all to modernize our fleet, all of these
purchases our fleet vehicles are getting quite old and there's just a
replacement process.
Mayor Suarez: Do you agree with his assessment that...
Lt. Kikasola: Well, he's giving an analogy, but my question is, is he going
to reduce service, is he going to reduce manpower and is he going to put
trucks out of service and ?
Mayor Suarez: Does the fact that these are more versatile mean that we will
have a reduction in manpower? That's what the union's concerned about.
Typical union concern.
Chief Huddleston: No, it does not. No intention to do that at all, nothing
is going to change as far as the number of apparatus, the number of aerials,
the number of pumpers, etcetera.
Mayor Suarez: Are you satisfied that this is necessary, this purchase of
equipment that this...
Lt. Kikasola: I'm satisfied with the answer he just gave if he's not going to
reduce service and he's not going to reduce manpower.
Mayor Suarez: I was hoping that it would get on the other thing that doesn't
usually concern the union as much as it concerns us and the administration.
Mr. Manager, are you satisfied that we need to replace the equipment that he's
talking about with this quint?
13 January 12, 1909
Mr. Odio: 1 think we used to modernize the fleet and H you remember,
Commissioner Dawkins has been wanting to do this and the Commission and
Commissioner Plummer and this is part of our replacement program to modernize
the fleet.
Mr. Dawkins: No, Mr. Mayor, ever since I've been here, since 181, the Fire
Department has constantly rebuild apparatus instead of purchasing. Now, from
'81 until now, is nine years - eight years - so in eight years, we have not
bought a modern state of the art piece of equipment. So then, you know, we
said up here, let's modernize our fleet so that eventually we'll have, as
these that we can no longer repair are phased out, we will pieces to move in
and we will not have to try to modernize it all at the same time, so that's
why we went to try to buy these five pieces of equipment.
Lt. Kikasola: Thank you.
Mayor Suarez: Thank you both. Anything further on the item? If not, I'll
entertain a motion.
Mr. Dawkins: Move it.
Mrs. Kennedy: Second.
Mr. Plummer: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-18
A RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3)
PUMPER APPARATUS, TWO (2) QUINT APPARATUS AND RELATED
FIREFIGHTING TOOLS AND EQUIPMENT UNDER AN EXISTING
DADE COUNTY BID NO. 176-37 FROM YOUNG TECHNOLOGIES
GROUP, INC. FOR THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES AT A TOTAL PROPOSED COST OF
$1,555,658.80; ALLOCATING FUNDS THEREFOR FROM THE FIRE
BOND ACCOUNT NO. 313229-289401-840 "FIRE RESCUE NEW
APPARATUS ACQUISITION FY-89"; 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.)
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
ROES: None.
ABSENT: None.
14
-------------------------------
(Continued Discussion) ACCEPT DID: ROBBINS COMPANY - for furnishing
service emblems awards to Personnel Management Dept. (See label 3).
Mayor Suarez: Item 7, Commissioner Kennedy, I think we interrupted you before
as you got into...
Mrs. Kennedy: I try because I still haven't gotten any answer.
Mr. Odio: No, what I'd like to do on this one, I'm not satisfied that
everybody was notified about this bid and I'd like to withdraw it and let the
purchasing department go out and do it all over again.
Mrs. Kennedy: OK.
Mr. Plummer: What is...
Mr. Dawkins: You moved to withdraw?
Mrs. Kennedy: They're withdrawn, yes.
Mr. Dawkins: Second.
Mayor Suarez: OK, the item withdrawn, we have a motion and a second to
reflect that. Call the roll.
ON MOTION DULY MADE BY COMMISSIONER KENNEDY AND SECONDED BY
COMMISSIONER DAWKINS, ITEM SEVEN WAS WITHDRAWN 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.
10. ALLAPATTAH-WYNWOOD COMMUNITY DEVELOPMENT CENTER, INC.: Authorize
agreement.
Mayor Suarez: Item ten, Commissioner Plummer.
Mr. Plummer: Mr. Mayor, I'd just ask that I would have more information on
that and I'd ask it be continued to the next meeting.
Mrs. Kennedy: Second.
Mayor Suarez: It's not anything that would create a problem or...
Mr. Plummer: No.
Mayor Suarez: Moved and seconded.
Mrs. Kennedy: No, I'm glad because I had the same concerns so I'm glad that
Commissioner Plummer pulled it.
Mayor Suarez: Any discussion? Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER KENNEDY, ITEM TEN WAS CONTINUED TO THE NEXT
COMMISSION MEETING BY THE FOLLOWING VOTE:
15
ATM Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
9018: None.
ASSENT: None.
DISCUSSION
11. ACCEPT PLAT: PAPPAS SUBDIVISION.
Mayor Suarez: Item fourteen.
Mr. Jorge Fernandez: Excuse me, Mr. Mayor, item 12.
Mr. Plummer: Twelve, 12, 12...
Mr. Fernandez: Yes, and item 12 there is only a technicality, a problem with
it. I need to be satisfied that the attestation clause on the performance
bond is properly executed and it's fine to pass it subject to my confirming
that that is, in fact, proper.
Mayor Suarez: With that proviso, I'll entertain a motion.
Mr. Plummer: Subject to, I move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Call the roll.
The
following resolution was introduced by Commissioner Plummer,who
moved its
adoption:
RESOLUTION NO. 89-19
A RESOLUTION ACCEPTING THE PLAT ENTITLED PAPPAS
-
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.)
Upon
being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following votes
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy'
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES:
None.
ASSENT:
None.':
s
I
r
1 , r41
16,
.! +�N1,1 1 i yyyy+yy
r
12. SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA: Unified
Development Request for Proposals for development of mixed
residential/commercial uses of City block number 43 - area bounded by
N.E. 7th and 9th Streets, N.E. lot and North Miami Avenues.
Mayor Suarez: Item fourteen.
Mr. De Yurre: Yes, Mr. Mayor...
Mayor Suarez: Vice Mayor.
Mr. De Yurre: ... I pulled this one out. I'd like to get some information on
this. I think Mr. Bailey, you can illuminate me on this a little bit.
Mr. Herb Bailey: In October, this Commission passed a resolution determining
that it Mould be appropriate to go out for a unified development RFP for the
site, block 43, and what you have before you today is just the normal sequence
of event as to what we do in the next step. We have written several drafts of
the RFP and we figure that we'll have enough information, technical
Information, available by March to go out for public hearing.
Mr. De Yurre: What property are we talking about? What area is this?
Mr. Bailey: Block 43 is the block that contains Camillus House and several
other properties.
Mr. De Yurre: OK.
Mr. Plummer: How do you go out for a unified development when you don't own
the property?
Mr. Bailey: That prerogative is extended to us through the state statutes
when we go into a redevelopment project that deals with tax increment
financing. We can bid and advertise the property even though we don't own it.
However, the bottom line is that we have to have a process by which we can
assure that the property can be assembled.
Mrs. Kennedy: You know, when I met with Herb Bailey some time ago on this
issue, and that was one of my concerns, instead of doing the sale leaseback,
wouldn't it be easier for a private developer to come and just buy the
property?
Mr. Bailey: Part of the strategy and assuring that we can deliver the
property, we have thought of two alternatives in the RFP and the reason we are
=1
scheduling it in March, we have to check with bond counsel to see if it's
legitimate. We have proposed that if a private developer assembles the land
-
within a five year
y period of time if that developer develops on that land, we
will use the increment from that development to effect a buy leaseback
provision with that developer. Meaning that we will pay him for all costs of
assembly, buy the land back from him and lease it back to them for a dollar,
similar to what we've done with the other nine blocks of development. We can
do that under the provisions. We have a - the other alternative is, is to
-i1
refinance the development so it will stay in private ownership.
Mr. Plummer: How much money do you have in that fund?
a�
Mr. Bailey: In the trust fund today?
fl�
i
l�
Mr. Plummer: For acquisition.
Mayor Suarez: How much is it generating on a yearly basis?
Mr. Bailey: Today the trust fund has an increment of one million, two hundred
thousand, plus three hundred thousand from the Arena is one point three
million dollars that's in the trust fund. We're going out for bondings...
Mayor Suarez: One point five?
17 January 12,
im
Mr. Bsiley: One point - it's really actually one point three, one point three
two something.
Mayor Suarez: You said one point two plus three hundred.
Mr. Bailey: I'm sorry, it's one point zero, zero, two. I got the numbers
wrong.
Mayor Suarez: Oh.
Mr. Bailey: it's actually one point three million dollars that we're
contemplating having in the trust fund and that In the amount we're going out
for the bonding in April so that we can float a gross of 12 million for a net
of 10 million so that we can pay off the debts that we incurred when we bought
the Arena land and some other things. Out of that, we will have roughly about
4 million dollars to do some other things. Some of that may be used for
whatever the Commission decides that we use it for once we come back to them
with a plan. In terms of the block 43, it was not our intentions to spend any
money in the first five years for the site assembly. The site assembly was to
be done and it is specified in an RFP that the site assembly would be done by
the private developer. We are only agreeing that we will, within five years,
reimburse them for the site assembly, after taxes have been generated.
Mayor Suarez: Herb, the only thing that concerns me and it's very similar to
what Commissioner Plummer was expressing, is, we don't own the land and yet
we're taking this step which you're telling us makes sense in view of our need
to get as part of this tax increment package and help the overall development
of the area, what actual expenses are we, in effect, agreeing to by approving
item 14, if any? If not, I probably have no problem with it, but like
Commissioner Plummer, I'm concerned about, you know, having to explain to the
voters of Miami why we're spending money on something that we don't own at
this point in the hope that we will, in fact, own it and that something can be
developed in it that is in accordance with our plans.
Mr. Bailey: Well, the actual expenses, there are no expenses other than our
staff expenses, but you have to remember the other 9 blocks, when we out to
bid, we didn't own them either.
Mayor Suarez: No, no the reason I'm - I'm sorry, I interrupted you again but
I... no expenses? - what about the, I read about a CPA firm and all of that.
You're not taking any of those steps at this point by this resolution?
Mr. Bailey: No, that's a normal process that we do it and we have firms on
staff or on call that we do this every day for all of our UDPs. It's not just
an isolated situation. We have 13 projects out there.
Mayor Suarez: You know, I would hope that we wouldn't take the step of
selecting any firm to do any audit, to do any review under the UDP process
until we have the property. At least for myself, I can't see taking that step
until we...
Mr. Plummer: Well, my concern, Mr. Mayor, is Herb, you know, the disaster
that hit in this particular area or these projects, we do not have the right,
as I recall, for the condemnation. It's through Dade County.
Mr. Bailey: We have the right through the condemnation, Dade County has just
agreed to perform that function for us under interlocal agreement.
Mr. Plummer: Yes, but they performed that function on a quick take and damn
near put us into the red ink.
Mr. Bailey: Well, you know, Commissioner, that's what...
Mr. Plummer: What assurances does this Commission have that we're not going
to be back into that situation where Dade County does it on a quick take and
we got to pay the bill? That's what scares me.
Mr. Bailey: Well, Dade County will not do any order of taking without us
giving them directions as to how we do that. That initial decision was
something that was made here and with the Manager at the time. We do not
Intend to go through condemnation with block 43. We do not intend to go
through a quick take or a long take. We can go through a long take which
is January 12, 1989
i
doesn't obligate us to do anything. The reason this has come up, a year ago
one of the property owners, which is a very popular person in this town, that
owns a lot of that property, sent their representatives to the Manager and we t
had a meeting and they have expressed their desire to develop that block.
They own one-third of it. We have in writing from them...
Mayor Suarez: Are you talking about Ted Arison?
Mr. Bailey: We're talking about Carnival Cruise Line, Ted or Hamilton
Properties. They own one-third of the block, they have expressed their desire
to do the development.
Mr. Odio: They need to build a 250,000 square foot building for their offices
and a bank so...
Mayor Suarez: But that cannot be done within the confines of their own
property.
Mr. Odio: No.
Mayor Suarez: They need the entire block is what you're saying.
Mr. Odio: They would need the - yes.
Mayor Suarez: So why don't they buy it?
Mr. Bailey: Well, we hope that may happen. I don't want to say that and
that's not appropriate to say that as a matter of public record, but when we
get a request from a property owner that they desire to develop within the
redevelopment area, our guidelines and redevelopment plan permits that action
to be taken.
Mayor Suarez: OK, are you saying, again on the issue of committing ourselves
to any expenditures on something that we don't yet own, are you saying that no
commitment to spend any out of pocket expenses is entailed in approving item
14?
Mr. Bailey: Other than staff what we do on a normal day to day basis, nothing
new, no additional money...
Mayor Suarez: I have no problem with staff on a normal day to day basis, I
just as soon they have more and more work to do until...
Mr. Bailey: And in terms of the CPA, that doesn't happen till the RFP has
been submitted.
Mayor Suarez: That's what I thought. I thought the UDP process calls for the
CPA to be selected at a later point in the process. We can stop it before
that.
Mr. Bailey: If we don't issue an RFP, we have no need to have a certified
public accounting firm.
e -
v
Mayor Suarez: Well, I can't tell you it's the easiest thing in the world to
explain to the media why we're doing this at this particular point because
they have a tough time understanding it as, I guess, we do, but I have no
4 problem with it on your recommendation and the Manager's recommendation.
i Commissioners. -
6 -
' Mr. Plummer: There is a back out provision, at any time.
3
a Mr. Bailey: Oh sure, absolutely.
i
Q
Mr. Plummer: OK.
Mr. De Yurre: Mr. Mayor, I just had pulled it because, as you know, under
your instructions, I went ahead and I got together with...
Mr. Plummer: Hold up.
Mr. De Yurre: ... Brother Paul
Camillus House which is right on
just briefly mentioned that the terms that I feel are beneficial to the City
so that we can have it on the record here and for the next Commission Meeting,
hopefully, we'll be able to discuss it more fully and everybody's going to
have a copy of the contract for our own edification.
Mayor Suarez: Would you be proposing to have that considered at a Planning
and Zoning agenda? The very next meeting?
Mr. De Yurre: Yes, I think it would be appropriate, because...
Mayor Suarez: Can we get something clear, Herb, in the terms that...
Mr. Bailey: Well, that just makes our job easier. This does not interfere
with what transaction you're undertaking.
Mayor Suarez: No, no but I mean as to that concern and as to those
negotiations, can you get us fairly clear, intelligible, simple terms as to
what is being proposed for us to consider before the next Commission Meeting?
Mr. Bailey: Sure, yes I can.
Mayor Suarez: Because we ought to then schedule that and get that resolved.
Anything you want to add to that?
Mr. De Yurre: No, I just want to add that from reading the article yesterday,
so that Ms. Kennedy can understand that what I worked out is nothing like what
was proposed here a few months ago and when you see the contract, you'll see
that it's totally different. I would not have voted for what was proposed a
few months ago as was reflected back then. But I think this Commission will
be pleased with the deal that we've worked out and will take care of a problem
that we've been addressing for quite a while.
Mr. Plummer: Let me ask only one question because you're using the
terminology of "buying the property." Is that, in fact, the proposal that
you're going to make to buy the property or buy a leasehold interest?
Mr. De Yurre: We're buying the property, we're buying the leasehold interest
and, based on condemnation proceedings, the value that the owner - the lady,
in fact, she lives in the Carolinas somewhere - her interest is worth
approximately $75,000 based on...
Mayor Suarez: Does she agree that that's what her interest is worth?
Mr. De Yurre: No, but that's why, you know, the thing is we have time to go
through the condemnation process and seventy-five thousand is based on the
numbers as it's worked out based on the formulas that are used in condemnation
proceedings.
Mr. Plummer: We'll get into that later, but what you're saying is that it's
part of the negotiations that you've entered into is the acquisition of the
property as well as the leasehold interest.
Mr. De Yurre: That's right.
Mr. Dawkins: I'd have to go back to the Mayor's statement. How are you going
to buy - 1 mean, deal with something you don't own? See now, the lease is a
99 year lease and I don't see how you're going to buy some property with a 99
year lease on it and tell me you own it.
Mr. Plummer: Well, you buy the leasehold interest that's of course.
Mayor Suarez: We're buying - yes.
Mr. Dawkins: The leasehold interest does not - unless you got title... OK,
hold it, let me rephrase that. Unless you got title to the land, I mean, I
don't understand it. If you come in here and tell me you got title to this
piece of property and then you have to go deal with the person who got the
lease, you got me.
Mr. Plummer: Well, that's why I asked, if it's all part of what the scenario
of negotiation is.
20 January 12, 1989
4
Mayor Suarez: hell, and the last time we asked the same questions, we didn't
have the answer to the most important aspect of this which is, assuming we buy
the leasehold interest and cannot get the fee simple and assuming we're
disposed to do that, can we tear down what is there and build whatever we
want? Has that been established, Herb?
Mr. Fernandes: Yes.
Mr. Bailey: In the terms of the lease permits...
Mayor Suarez: Thank you, Herb.
Mr. Bailey: I'm sorry, you said Herb, but I'm pretty sure you meant...
Mayor Suarez: No, I was asking you but I got the quick triggered City
Attorney to answer and... are you sure, Mr. City Attorney, because then we
don't have to blame Herb, we can blame...
Mr. Fernandez: Herb, would you answer that one.
Mr. Bailey: I defer to counsel.
Mayor Suarez: All right.
Mr. Plummer: How many years is left on the 997
Mr. Dawkins: Fifty.
Mr. Plummer: Five, zero?
Mr. Dawkins: Yes.
Mr. Bailey: Yes.
Mr. De Yurre: Fifty-four.
Mr. Dawkins: Fifty-four?
Mr. De Yurre: Yes.
Mr. Dawkins: Fifty-four.
Mr. Plummer: Fifty-four?
Mr. Bailey: I think that's correct, Commissioner, I'm not - I know it's 50
years plus.
Mayor Suarez: In terms of discounting, that is the greater portion of the
value of the land is that 54 year lease. I mean, that's almost all the value
of the land. Any how...
Mrd. Kennedy: Herb, how soon after the public hearing do we put out the
proposals? How soon do they get evaluated? What kind of time frame are we
talking about? -
Mr. Bailey: Ninety to 120 days.
Mr. Plummer: And what is the proposed appraisal price of the second structure.
in there which is, I guess, referred to as the Studio of Light? -
Mr. Bailey: That is owned by Camillus House.
Mr. Plummer: I understand, but what is the purchase price that was asksd'or -
appraised?
Mr. Bailey: I don't have that with me, Commissioner. I can gat all of that
Information, we do have it in our office.
Mr._ De Yurre: I think we're talking about 1.2 million, that was our
appraisal.
Mr. Plummer: No, no, no, just on the lighting...
January :, 3 "
Mr. be Turret Are you dividing it7
Mr. Plummers As I recall, didn't they purchase that for $150,0001
Mr. Bailey: Yes.
Mr. Odlo: I think there were two appraisals if I remember, one 1.2 and one $2
million dollars.
Mr. Plummer: No, Cesar, just the building referred to which they own outright
which is the Studio of Lighting. They purchased that within the last two
years, I believe, and I think that price was one -fifty.
Mr. Bailey: They bought the default price, yes. I think it's somewhere less
than two hundred thousand.
Mr. Plummer: OK, I just...
Mr. Bailey: I would just like to, I think it's incumbent upon me to remind
this Commission of one important thing that is happening there in terms of our
land acquisition. We have just spent pretty close, somewhere between one
hundred fifty to two hundred thousand dollars on toxic waste removal and
testing on land that we are buying in that area and when you're negotiating
your prices, you have to realize that that site is not going to be any
different from any other and I'm pretty sure that - I think it would be
incumbent upon us to have the seller insure us in terms of the pollution
control of that site, whether or not that site has any toxic waste, and if it
does have toxic waste then that should be adjusted in the sales price.
Mr. Plummer: Let me make sure my numbers are correct, OK? Fifty-four years
at $5,000 which is the leasehold interest is $270,000. The leasehold from the
lady who owns the property to buy is seventy-five thousand. The Studio of
Lighting property was bought for $150,000. Are those numbers correct?
Mr. Bailey: That's as close as I can recollect, Commissioner. I can get you
accurate numbers.
Mr. Plummer: All right, so the total involvement, at this particular point,
is $495,000. Is that correct?
Mr. Bailey: I'm sorry, Commissioner, I was getting another answer for you.
Mr. Plummer: Let's go over it again.
Mr. Bailey: All right.
Mr. Plummer: Tell me if my numbers are wrong. At $5,000 a year, which is
what the payment of the leasehold interest is for 54 years is $270,000.
Mr. Bailey: Yes.
Mr. Plummer: The leasehold of the lady who owns the property to vacate is
$75,000.
Mr. Bailey: That's for the buying, yes, fee simple title, yes, that's... -
Mr. Plummer:
$150,000.
The property of the Studio of Light was roughly purchased for
Mr. Bailey: That's correct.
Mr. Plummer: So at this particular point, the total
private sector is $495,C00.
Mr. Baileys Four hundred ninety-five in today's dollars, yes.
Mr. Plummer: Thank you, sir.
Mayor Suarez: Have we voted on item...
�Z
Mr. Plummers I also have asked, Mr. Mayor, for everyone eases' edification,
we recently also within the last two or three years, we purchased the Miami
Rescue !fission and I asked for the record, what did the City pay for that
parcel which, in effect, was a larger structure. I don't about the square
footage, but what did we pay for that, Herb?
Mr. Baileys A total of $305,027.
Mr. Plummer: Three hundred and twenty-seven thousand...
Mrs. Kennedy: Three hundred and five.
Mr. Bailey: Three hundred and five thousand, twenty-seven dollars.
Mr. Plummer: Three hundred and...
Mr. Baileys And five thousand.
Mrs. Kennedy: Five...
Mr. Plummer: That's three, oh, five.
Mr. Baileys Three, oh, five...
Mr. Plummer: For round numbers.
Mr. Bailey: Yes, three, oh, five.
Mr. Plummer: And the square footage, was it about the same?
Mr. Bailey: It's approximately the same.
Mr.
Plummer:
And how long ago was that, Herb?
Mr.
Bailey:
We did that 1986, in May. —
Mr.
Plummer:
So, roughly, the two, two and a half years ago, we bought a
similar structure, approximately the same square footage for $305,000.
Mr.
Bailey:
That's correct with just one slight difference.
Mr.
Plummer:
And that is what?
Mr.
Bailey:
They own the land and we got fee simple title and the difference
in
Camillus House is that we buying a leasehold...
Mr.
Plummer:
OK, but what I'm saying is, in fact, we spent, for Miami Rescue
Mission,
$305,000.
Mr.
Baileys
Right. We loaned them another two hundred and fifty. I believe, -
In
addition to
that.
Mr.
Plummer:
That was for the building of the new structure.
Mr.
Bailey:
That's for building of the new structure.
Mr.
Plummer:
Which they're presently getting ready to open.
Mr.
Bailey:
OK. -
Mr.
Plummer:
OK, I just...
Mayor
Suarez: What was the location of the old Rescue Mission, what was
the...
Mr.
Plummer:
Right around the corner. Actually, it's where the Arepa o qqw,
Mayor Suarez:
OK, Madam City Clerk, do we have a motion and a second .on the-,'"
resolution?
I'll entertain... wj
No.
Hireis No, air, I need... x r_
.;VU
,•-
Mayor Suarez: ..e a motion and a second.
Mr. Plummer: On 147
Mayor Suarez: On 14.
Mr. Plummer: Victor pulled it, is he satisfied? I'll second it.
Mr. De Yurre: I'll move it.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-20
A RESOLUTION SCHEDULING A PUBLIC HEARING FOR MARCH 9,
1989, AT 2:00 P.M. TO TAKE TESTIMONY REGARDING A
UNIFIED DEVELOPMENT REQUEST FOR PROPOSALS (RFP) FOR
DEVELOPMENT OF MIXED RESIDENTIAL/COMMERCIAL USES OF A
CITY BLOCK NUMBER 43 NORTH LOCATED IN THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA,
BOUNDED BY N.E. 7TH AND 8TH STREETS, N.E. 1ST AND
NORTH MIAMI AVENUES; TO AUTHORIZE THE ISSUANCE OF AN
RFP; AND TO SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM
AND APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE
PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS
REQUIRED BY THE CITY CHARTER AND CODE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
13. CITYWIDE NEIGHBORHOOD PARK RENOVATION PROJECT, ALLAPATTAH COMSTOCK PARK
REDEVELOPMENT: Brief discussion, then tabled (See label 84).
Mayor Suarez: Item 15, Commissioner Dawkins.
Mr. Dawkins: Mr. Manager...
Mr. Odio: Yes, sir. I'd like to, Commissioner Dawkins, if we could postpone
this until the afternoon. We are waiting for the state to see It we can,get w
matching grant resolved and then bring it back to you if we get that resolved.
Mrs. Kennedy: You mean it's not... I thought it was a 50/50 match. M1r
Mr. Odio: We were trying to resolve the 50 match from the City side so to..... ar;
Mr. Dawkins: OK, I don't know what the problem is, but let me tell you what
my problem is. You got three hundred and how much to do? -Comstock Park, A�
Mrs. Kennedy: Three hundred and forty-seven thousand. "x
Mr. Albert Ruder: Three hundred and forty-seven.''
3 C
.xY
24 January l2, 194
± 4 F �
}e
t
Mr. Dawkins Three hundred and forty-seven thousand?
Mr. Ruder: Right.
Mr. Dawkins: OK. And if you got ninety -thousand and matched it with ninety -
thousand, that's a hundred and eighty thousand, OK. Now, for me, add a
hundred and eighty thousand and three ninety-seven thousand and see what you
come up with.
Mr. Ruder: Three fifty and one eighty is five twenty-seven.
Mr. Dawkins: I beg your pardon?
Mr. Ruder: Five twenty-seven? -
Mr. Dawkins: Five twenty-seven?
Mr. Ruder: Right.
Mr. Dawkins: I expect $527.000 to be spent in Comstock Park. I do not expect
for the City of Miami to take any of the $347,000 as a match. Now, every time
you went to Bayfront Park, you never reached in and got a match. You always
came up with new money so I expect you to find $90,000 to match this. OK?
Now, that will be my problem this afternoon.
Mr. Ruder: OK, thank you.
Mr. Dawkins: Thank you, Mr. Mayor.
Mayor Suarez: Item 15 is then tabled.
14. AUTHORIZE ACCEPTANCE OF RENTAL REHABILITATION GRANT FROM HUD (4686,000)
FOR STANDARD AND LOW INCOME HOUSING - direct City Manager to immediately
draft appropriate resolution submitting a program description to HUD for
approval (See label 95).
Mr. Dawkins: Mr. Mayor, I hate to impose on you...
Mayor Suarez: Yes, Commissioner.
Mr. Dawkins: ... but I got four items here that I've been asked to pocket
that they say are very important.
Mayor Suarez: Commissioner Dawkins, you have some emergency items, go ahead.
Mr. Dawkins: OK, Mr. Manager, I understand that we have a rental rehab -
where is my identification here? Oh, here it is. The City has been granted
$686,000 for the affordable housing grant and according to my document, the
program description must be submitted to the U.S. Department of Housing and
Urban Development by January the 20th. We don't meet again before the 20th,
right, Mr. Manager?
Mr. Odio: The next meeting is the 26th, Commissioner.
Mr. Dawkins: So, therefore, then, the emergency, Mr. Mayor, would be that we
need to approve this and get it so the Manager could get the application up
there on the 20th. If we don't we're going to lose $686,000.
Mr. Plummer: What...?
Mr. Dawkins: I'd like for them to bring us back a resolution as an emergency
this afternoon so we can move to accept this money.
Mayor Suarez: Could you have a resolution drafted and so we can look at it
and we can consider it at the appropriate time this afternoon? I can't
imagine there'd be any problem but we ought to know a little bit more about
what we're talking about here.
25 January 12, 1989
15. FEDERAL GOVERNMENT REIMBURSES .:ITY FOR COSTS INCURRED IN THE URBAN
INITIATIVE AREA - which represents 4 blocks in Overtown ($719,000) -
express the policy of the City Commission that funds be spent only in
the Overtown area.
Mr. Dawkins: All right, um hum. Nov, also, Mr. Manager, you showed me a
check for $719,741 the other day.
Mr. Odio: Yes, sir.
Mr. Dawkins: Can you explain to me what that is?
Mr. Odio: Herb. That came from the county, it's on the Overtown District.
It's reimbursement from the federal government. Money went back to the
community development... go ahead.
Mr. Bailey: At the time of the acquisition, we had overspent and we prepared
a 'grant to get an additional allocation from Urban Mass Transit. That was
about three years ago and it just so happens that it has come through which is
an amount to reimburse the City for costs that it has incurred in the urban
initiative area which represents the four blocks in Overtown. I have just
received today, by fax, and I have a copy for the Manager and I just got it at
the Commission meeting a letter from Dade County thoroughly explaining the
condition of the $719,000. It came from the chief finance division of Spencer
Ballert, Metro Dade County, and...
Mr. Dawkins: OK, let me tell you what my concern is, Mr. Manager. My concern
is that this $719,741 be spent in Overtown, that it not be spent to purchase
Camillus House, that it not be spent to do nothing but enhance Overtown so
that other developers will - I mean, we can do things, enhance the area, that
will encourage other developers to come in. Do not put this no place but in
Overtown where it was supposed to go. If that's agreeable with the rest of my
fellow Commissioner... now, you got three votes up here now to do differently.
Mr. Plummer: Sir, the best way to do that is to create the policy of this
Commission, you offer it, I'll second.
Mr. Dawkins: All right. So move.
Mr. Plummer: I second the motion that the policy of this Commission that all
of those funds are to be spent only in the Overtown area. That's the policy
of this Commission, I second the motion.
Mayor Suarez: So moved and seconded. That was what, our intention anyhow,
wasn't it?
Mr. Bailey: Well, we were waiting on your directions.
Mr. Odio: We froze the monies, what I did is deposit it immediately and told
Mano to freeze them there until you decided what you want to do.
Mayor Suarez: In the Southeast Overtown/Park West area as defined....
Mr. Plummer: Well, no, let's be more clear now. As I understand Dawkins...
Mr. Dawkins: No, Overtown, not Southeast Overtown. That's why I'm doing it,
Mr. Mayor.
Mr. Plummer: Yes.
Mr. Bailey: See, the urban initiative was a special grant for the Overtown
side only.
Mayor Suarez: Actually, I think that Overtown - well, we'll get into the
boundaries again but I think it's a bigger jurisdiction than Southeast
Overtown Park West by federal target definition.
26 January 12, 1989
Mr. Dawkins: I don't have any problems with changing definition, but I want
this money to be spent as what the present boundaries are.
Mayor Suarez: In the area that we know as Overtown. OK.
Mr. Dawkins: Yes, sir.
Mr. Baileys May I just offer for the record that the Urban Initiative grant
was a grant that vas given to us to develop along the transit site, transit
rail site, the MetroRail site. Those four blocks that we bought we adjacent
to the rail site and it was the intent that any money coming urban initiative
would continue the development along the transit site in Overtown.
Mayor Suarez: OK, one question then, to clarify. For example, if we chose to
use it in conjunction with a St. John's Economic Development Project, let's
say, a little bit farther up north from there. Would that be allowable?
Mr. Dawkins: No. No.
Mr. Bailey: That's... I have...
Mayor Suarez: Because that would still be Overtown.
Mr. Bailey: Well, I'm going on the Commission's motion. Whatever you decide
Is a...
Mayor Suarez: Well, the Commissioner's motion is Overtown and that's why I'm
asking.
Mr. Bailey: If there's a clarification you would like to make, I would... _
Mayor Suarez: Yes, that's what I... the motion is made is that it be spent in
Overtown. Overtown includes the area of the St. John's Economic Development
is building in and I want to clarify that that... _
Mr. Dawkins: If the Overtown or St. John's project has money, then it don't
need this money but don't substitute this money for money that they have. I
have no problem with that. But don't let them have money and then you come
back and tell me because it's that project...
Mayor Suarez: Yes, it may be that they have more than enough money but I'm
saying as an example.
Mr. Odio: Mr. Mayor, Herb and I have been talking about there is some
properties - I keep forgetting - it's 4th Street right across the new project
that we're building that we've been trying to acquire right on Overtown.
Mayor Suarez: The old dilapidated building on 4th or Sth there?
Mr. Odio: On 4th Street we wanted to see if we could get that strip and the
other one and then begin to develop that area.
s
Mayor Suarez: Is that your intention.... Overtown?
Mr. Dawkins: Um hum.
Mayor Suarez: And subject to our approval?
Mr. Dawkins: Yes, you got three votes...
Mayor Suarez: OK, within Overtown and subject to our approval. Overtova as.
we understand Overtown to mean.
Mr. Odio: We would have to...
Mr. Dawkins: But, now listen, I hope this Commission don't get locked into
election rhetoric. This is 187 - 189 - this is election year. I hope we
don't sit up here playing to a certain ethnic group and pass something up here
just go get some mileage out of it. OK? If you do, then I'm going to be out
of it, you see. Don't figure that this group is a... I don't know, but let's
be sure that what we're doing it's for the total area and not to play to some
group.
27 January 12, 1909
r.'.
Mayor Suarez: OK, so defined as the area known as Overtown and that's the
Commission's policy. We have a motion and a second, any further discussion?
Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-21
A RESOLUTION ACCEPTING $719,741.90 AS REIMBURSEMENT
FROM THE FEDERAL GOVERNMENT FOR EXPENSES INCURRED IN
THE URBAN INITIATIVES AREA, SPECIFICALLY IN THE
OVERTOWN AREA, AND ESTABLISHING A POLICY THAT SAID
FUNDS MUST BE SPENT IN THE OVERTOWN AREA, SUBJECT TO
APPROVAL BY THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
16. GRANT MELROSE TOWNHOME DEVELOPMENT CORPORATION additional time to
demonstrate ability to perform regarding affordable housing at the
Melrose site, with provisos - direct Administration to further seek out
an alternative applicant in case first group fails to meet requirements.
Mr. Dawkins: Mr. Mayor, I pulled another one.
Mayor Suarez: Did you complete the roll?
Mr. Dawkins: I pulled - I'm sorry, thank you, Mr. Mayor. I pulled another
one, the Melrose site. You know, I've had it up to here. Now, we promised
people that we were going to provide affordable housing, that was the promise
of this Commission. We got with Melrose and we assumed that the union was
going to come up and be new and innovative, use their pension furwds...
Mayor Suarez: Had plenty of money available to build this, wouldn't need any
governmental support other than the land.
Mr. Dawkins: And were going to put their people to work. Now, that's been
two years and they haven't done nothing and I'd like for them to explain to me
where they are and I'm going to make a motion in a few minutes that we do
something.
Mr. Richard Sox: Commissioner Dawkins, my name is Richard Sox. I'm with the
Melrose Townhome Development Corporation and John Lindstrom is chairman of the
pension fund. Going back to your earlier statement that the pension fund said
they would build the project with no government funds is not exactly correct.
The original proposal that came into the Commission was for secondary surtax
funding that would be provided to complement the first mortgage financing that
was to be provided by the banks. And in regard to that, that would allow...
Mayor Suarez: Rich, to cut through some of this... in fact, you didn't get
any surtax financing...
Mr. Dawkins: They got a million. i.
28
January 12, 1989
�i
Mayor Suarez: You did get a million.
Mr. Dawkins: Yes, got a million.
Mr. Sox: No, the City provided a million and a half through its program,
surtax...
Mayor Suarez: OK, but from the surtax board you didn't get any. We then gave
you...
Mr. Sox: A million and a half.
Mayor Suarez: A million and a half.
Mr. Sox: Which did...
Mayor Suarez: Did you expect more than a million and a half at the time that
you accepted this bid?
Mr. Sox: Yes, the original proposal...
Mayor Suarez: Did you tell us that you needed more than a million and a half
be...?
Mr. Sox: Yes, in the original proposal it's flatly stated that the amount of
surtax financing or secondary type financing required to hit the target
population in that area...
Mr. Dawkins: Mr. Mayor, I make a motion that we find somebody out here, Latin
Builders, I wouldn't care who and we make this land available to them and give
them six months to come up with a plan to develop this because the union, in
my opinion, does not intend to develop this and I don't think that we should
hold this land up where we've got it available for affordable housing and we
got the need for affordable housing and we got our own housing agencies, I
think we should move.
Mr. Sox: Commissioner Dawkins...
Mayor Suarez: Well, that's a motion.
else second it?
Mrs. Kennedy: Second.
Do we have a second? Does somebody
Mayor Suarez: If nobody seconds, I would. Seconded. Rich, now explain to us
why we shouldn't approve that motion...
Mr. Sox: Very simple, what the Commissioner's speaking of... what the
Commissioner's speaking of....
Mayor Suarez: ... right now and move on to another developer that can get
this going in less than the two years that you've had. If you can possibly do
that.
Mr. Sox: And, number one, what the Commissioner's speaking of is construction
funds and I think you have to separate the construction dollars from the
permanent financing. The construction dollars are...
Mayor Suarez: A lot of times the construction financing turns into permanent,
you know, by a magic wand.
Mr. Sox: Not in this deal. Not in this deal.
Mayor Suarez: We don't care. You got to have the dollars to build here
otherwise we got to find somebody else that does.
Mr. Sox: We have the construction dollars, we have the construction dollars.
We never asked for construction dollars from any government agency. What we
had to have to get the banks to come in to provide the permanent financing was
the surtax.
29
4 1�
Mayor Suaret: Well, let me compare you for a second, if I may, with the Civic
Center site. They've got their financing package together. Now, they've got
a requirement that I wasn't aware of but maybe we can solve it, hopefully, in
the next few days, which is that they have to have certain pre -sales and
they're very close to it. I think they've got forty some presold and they
need to have fifty percent.
Mr. Sox: You're talking about the town house development?
Mayor Suarez: The other one that we discussed along with you that was very
similar to yours that was on the same kind of track as yours and it's on 17th
and 14th - 17th Avenue and 14th Street - very similar to your project. Now,
they come up with another requirement which is, by the way, we need to have
our presales requirements met. We didn't know about that but at least they're
close to meeting those, presumably. Are you then going to come back,
supposing we didn't do this today, and say, oh, by the way, even if we do get
our permanent financing, we...
Mr. Sox: The banks will not require the presale requirement if we have the
surtax financing because they know they're going to sell out.
Mayor Suarez: Explain to us why we should go beyond the two years that we've
waited and why we shouldn't approve this motion and move on to look at another
entity that might be able to get this done quicker?
Mr. Sox: Number one, the main reason is because the RFPs for the surtax board
coming up now are going to be let the first part of February. They have not
been let on the street yet. We've met with Commissioner Hawkins and Mr. Marty
Fine who helped draft the surtax legislation, asked...
Mayor Suarez: And neither one of which is on the surtax board. Neither one
of whom is on...
Mr. Sox: Neither one of which are on the surtax board. However, Commissioner
Hawkins certainly has an appointee on the board or has the ability to appoint
someone to the board. The point being that both of these gentlemen have
agreed to fully support the project and will go to bat for us with the surtax
board in trying to achieve the additional dollars. The Commission's desires
were to build roughly 150 units on that piece of property. Because of the
land price and the unit cost per the land price per unit, it would make it
unaffordable to the target population to put 150 units on there with a million
five in secondary financing which the City has provided. The three million
plus...
Mayor Suarez: In addition to the land which is essentially free pursuant to a
motion made by the Vice Mayor and which, I think, charges $25.00 a month per
unit, if I remember correctly, so it's like giving it away.
Mr. Sox: The land is not free. The land is a million two.
Mayor Suarez: Wasn't that, Sergio, wasn't that the deal that we approved?
Mr. Plummer: No, not...
Mr. Sox: No.
Mayor Suarers I think, much against your recommendation, that you thought we
were doing it too inexpensively? Wasn't it like $25.00 a month, some nominal
figure?
Mr. Sergio Rodriguez: I believe it was higher, but I don't remember exactly
the figure.
Mayor Suarez: Does anybody know?
Mr. Sox: The land cost is a million two, I have it in my numbers.
Mayor Suarez: Wait, wait, I want to hear it from the City on this. Jerry,
what is that underlying lease going to be, isn't it something nominal that
they pay for ten years?
30 January 12, 1989
4
I '
Mr. Jerry Gereaux: The Commission provided two options with regard to
repayment for the land. One was that the land be repaid in the form of a
third mortgage over a 30 year period with minimal payments for the first few
years.
Mayor Suarez: For the first ten years, if I remember...
Mr. Gereaux: Yes, of ten years.
Mayor Suarez: A minimal was like $25.00 a month or something.
Mr. Gereaux: It was - yes, it was something like that. The other option was
that the land be reimbursed at the established value of 50 percent of the
acquisition price at the closing of individual units that money would then 6a
back into the fund allowing us to go ahead and buy more land.
Mayor Suarez: So I described properly one of the two options, didn't I?
Essentially no payments for the first tea years.
Mr. Sox: Yes, but, no the land is not free. You're saying the land is free.
The land is not free, the pers...
Mayor Suarez: I said essentially free, Richard, and that is what we just
defined, nominal payments for ten years. To me, that's essentially free. We
can't do better than that.
Mr. Sox: The option that we were working under was the million two had to be
paid back to the City at the time of closing. Now, unless I've got some
misdirection from...
Mayor Suarez: Well, you just said there was two options. Maybe you forgot
one option. What, you guys did not communicate the other option to them or
what's going on here?
Mr. Gereaux: I didn't forget it. But the land, as Mr. Sox says, the land is
not free, it's written down substantially.
Mr. Sox: But it still cost a million two.
Mr. Plummer: But it's at 50 percent level.
Mr. Gereaux: But it's still costing, you know, it's still costing a million
two.
Mayor Suarez: That's right, we don't work for free up here either. We get
paid $5,000 a year. It's nominal pay.
Mr. Plummer: That's a pay?
Mayor Suarez: We work for free, thank you.
Mr. Plummer: It's a partial reimbursement of expenses.
Mr. Sox: Surtax board is going to let the RFPs in February. We have
invested, which we get no return on whatsoever of our funds, of over $80,000
drawing plans, going out - we had to get a special landscape architect because
it's an environmentally sensitive area. The RFPs come out in February. These
folks have offered their support to us in trying to get this RFP approved, the
one that we would submit to the surtax board, which then allows us to go back
in and do exactly what the Commission asked us to do originally, put 150 units
on that piece of property that hits the target population in that area.
Otherwise, you're going to be building town homes that people cannot afford
and we accomplish nothing. If we do not accomplish this through the RFP, I
would be the first to come back and recommend to you folks that then the
property should immediately seek other alternatives for the property because
it will not work as a town house site, fee simple.
Mr. Plummer: Well, is the bottom line what you're saying is, that a project
is doable if you get the additional surtax and if not, it's not doable?
Mr. Sox: That's correct, Commissioner, that's the bottom line.
i
s
31 January 12, 1989'
i
i
ok,
Mr. Plummer: And that decision would be made next month?
Mr. Sox: No, the decision will be made once the surtax board rules on how
much money they would give us when the RFP is let. The RFP will not be let
until February is the time we're being told now.
Mr. Plummer: Well, in other words, I'm asking is, when is, you know, Amen
day?
Mr. Sox: The surtax board has the final say. I'd give you a best guess
estimate of probably two months after the RFP is submitted to them. In other
words, when they release the RFP to us, we'll have it back to them in a week
because our work is done. Once they have that, the last time around they told
us it would take two to three months to come back with a response.
Unfortunately, it took much longer if you recall they got into an argument
over how funds should be divided between non profit and for profit
corporations.
Mr. Plummer: Is that ninety days from today, sixty days from today? From
today, what is it?
Mr. Gereaux: Ninety.
Mr. Plummer: Ninety. Well, let me tell you how I feel. They've got a go
item, they've expended funds, they're on track. I don't think...
Mr. Dawkins: They're not on track. They're not on track now because they're
not building.
Mrs. Kennedy: That's not what I call being on track.
Mr. Plummer: No, what I'm saying to you is, at this particular point...
Mr. Dawkins: OK.
Mr. Plummer: ... they have everything going as far as plans and everything is
concerned. Another 90 days is not going to make or break the project. What I
am saying is, that if they are lucky and it's questionable whether they will
be or not, if they are lucky, it's a go item and we can proceed immediately.
Whereas if we go back out and go through the process, we don't know that a new
group, who ever they might be, might even get the initial million dollars from
the surtax board.
Mayor Suarez: OK, except that they've been to the surtax board.
Mr. Plummer: They're going again.
Mayor Suarez: They've been turned down. You know, how many times do they get
to go the surtax board before we decide another group might have the ability
to do this. That's the question.
Mr. Plummer: OK, the question nobody can answer is, in fact, would a new
group have any better luck at the surtax board than this one?
Mr. Sox: We think that we've garnered some support this time around for the
surtax board we did not have the last time.
Mr. Plummer: It seems...
Mayor Suarez: There were groups that bid the last time around not knowing
what the return on the land was going to have to be and they still said that
they could make it work. Remember that they didn't even know if we were going
to have to return a hundred percent of the value of the land? Here's a plan
that allows them to keep essentially the 1&nd for ten years for nominal pay
plus a million and a half dollars in City...
Mr. Plummer: And we would do that with any other new group that we selected.
Mayor Suarez: Right.
Mr. Plummers OK.
32 January 12, 1989
Mayor Suarez: But at the time, we had not even made that decisions and they
still bid and so ait d to her buildoon,there headedink the other group won
Urra, and they and they said they could do it. You
know, how long...
Mr. Plummer: Well, the - what I was going to propose...
Mr. Sox: Mr. Mayor, they also requested the same amount of surtax financing.
Mr. Plummer: What I was going to propose...
Mayor Suarez: Oh, they, you know, they requested all the surtax financing
they can get.
Mr. Plummer: . 90 days. Give them 90 days, which is what Jerry is
indicating to me •that an answer would be forthcoming. In 90 days, if it is
not a doable item, it is complete.
Mr. Dawkins: OK, I can go... I can go...
Mr. Sox: Yes, if we don't get the surtax money, we cannot build the town
homes.
Mr. Plummer: Well, I'm saying 90 days is...
Mrs. Kennedy: I cannot...
Mr. Dawkins: I can go with the 90 days if you attach to that, that in the
meantime, we look for other groups...
Mr. Plummer: Have no problem with that. But if they get theirs, then the
other groups...
Mr. Dawkins: ... who are interested in putting affordable housing and come in
here... so that they don't have theirs in 90 days, the other group come in
here and say, we ready to....
Mayor Suarez: I like that.
Mr. Plummer: I have no problem with that.
Mayor Suarez: Yes, but let me clarify. They get 90 days in which to show us
that they can perform, but, I think, what Commissioner Dawkins is saying, what
I would vote for is that in those 90 days, if someone else show us that they
can perform...
Mrs. Kennedy: That's right.
= Mayor Suarez: ... we might decide to go ahead and give it to someone else.
In other words, these would be 90 days where you're not guaranteed you're
going to still be the builder, but that we're not going to reject you and tell
you, go away, we're not going to deal with you, that's the way I understand
what you're saying.
s
Mr. Dawkins: As long as there are groups that want to do affordable housing.
I ain't talking about no two oh two....
Mrs. Kennedy: I can go with that.
Mayor Suarez: We would look at another group and put them...
Mr. Dawkins: ... senior citizen homes....
Mayor Suarez: ... on a competitive basis understanding that they have spent
money. That they do, at this point, have the documents. They have received
the City grant, they have received the guarantee of a million and a half
dollars. But, for my vote, at that point, if another group comes in and shows
that they can do it and convinces me that they're better able to do it, I'm
still ready to vote for another group in those 90 days, Rich. That's the way
I feel about it.
Mr. Gereaux: You're asking us to prepare a backup plan.
33 January 12, 1989
Mr. Dawkins: Do what?
Mr. Plummer: Asking what?
Mr. Gereaux: A backup plan.
Mayor Suarez: Yes, have a backup plan and I don't want, you know...
Mr. Dawkins: No, we're not asking you, we're telling you. We're telling you
to have a backup.
Mr. Gereaux: You're telling me, I'm sorry, Commissioner.
Mayor Suarez: Let the record reflect that any time that we ask, that means we
tell.
Mr. Dawkins: Are we asking him or telling him...
Mayor Suarez: Tell him, tell him, tell him.
Mrs. Kennedy: Telling him.
Mr. Dawkins: Thank you.
Mr. Plummer: Well, Mr. Mayor, I would offer an amendment to the motion that
If in 90 days this group which has had the opportunity is not successful, that
their rights to that property are terminated.
Mayor Suarez: No, no, don't...
Mr. Sox: We have no problem with that because if we can't get the financing,
the surtax financing, it shouldn't be done as a town home project.
Mr. Plummer: And I accept the amendment to my amendment, it doesn't preclude
the City from looking for another group. I don't know why another group would
be successful if they're not.
Mayor Suarez: That instructs the City to look for another group and have them
on a standby basis ready to perform if they can't perform in the 90 days.
Mr. Plummer: I agree with that.
Mr. Sox: And make it look as a rental project or something else. We were
looking at it solely as a fee simple town home project. That was the
Commission's desires.
Mayor Suarez: We know what you've been doing, you've been doing it for two
years.
Mr. Dawkins: That's what I'll be looking for.
Mayor Suarez: We practically lived with you for two years on this.
Mr. Dawkins: I'll be looking for...
Mayor Suarez: And, in your case, Rich, you're not going to have pre -sale
requirements?
Mr. Dawkins: On rental property.
Mr. Sox: If we have the surtax financing that we asked for, the banks not
requiring the presale requirement.
Mr. Dawkins: Not no two, oh, two, not no elderly, OK? I'm not looking for
that.
Mr. Sox: OK. Sure.
Mayor Suarez: We have a motion and second so we're properly understood. Call
the roll.
34
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 69-22
A MOTION OF THE CITY COMMISSION STIPULATING THAT
MELROSE TOWNHOME DEVELOPMENT CORPORATION SHALL BE
GIVEN 90 ADDITIONAL DAYS TO DEMONSTRATE TO THE CITY
COMMISSION THAT THEY CAN PERFORM AND BE ABLE TO BUILD
AFFORDABLE HOUSING IN THE MELROSE SITE, AT THE END OF
WHICH PERIOD, IF THEY WERE NOT SUCCESSFUL IN
DEMONSTRATING ABILITY TO PERFORM, ALL OF THEIR RIGHTS
TO THAT SITE WOULD BE TERMINATED; FURTHER STIPULATING
THIS WAITING PERIOD SHALL NOT PRECLUDE THE CITY FROM
LOOKING FOR ANOTHER GROUP AND KEEPING IT ON A STANDBY
BASIS IN CASE THE ABOVE CITED GROUP FAILS.
Upon being seconded by Commissioner Dawkins, 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.
Mayor Suarez: Jerry, please, I think in the spirit of this motion, we need to
have another group ready.
Mr. Dawkins% That's right. We must.
Mayor Suarez: Hopefully, that will keep their feet to the fire and if they
don't - not ready within 90 days to break ground, that's...
17. TITLE III FUNDS: Request Administration to inform the Commission in
connection with projected plan to apply for Title III Funds - discussed
and temporarily deferred to the afternoon session.
Mr. Plummer: I wanted to make an inquiry.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Mr. Manager, I understand that the City is proposing to make an
Inquiry or an application for title three funds. I am concerned about that.
Based on the provisions and the requirements of title three funds, it could
put this City into a serious financial jeopardy that others have found
i themselves in unfortunately. And I want to know is it true that this city is
applying for title three funds?
Mr. Odio: I have not been made aware of it.
Mr. Plummer: Would I get an answer this afternoon, please?
Mr. Odio: Sure, but I have not been made aware of it.
Mr. Plummer: Thank you. There's a pay back provision that if they don't stay
on, the City has to reimburse monies.
Mayor Suarez: Title three, federal title three?
35 January 12, 1 �9
r
I
NOTE FOR THE RECORDS At this point, Agenda item 20 was tabled for
later discussion together with Agenda item 82.
18. SECOND READING ORDINANCE: Require retail establishments to disclose a no
refund and exchange policy unless full refunds are offered - require
establishments to honor exchanges as offered.
Mayor Suarez: Item 21.
Mr. Jorge Fernandez: Yes, item 21 is the second reading of the retail
ordinance, deceptive retail trade practice ordinance.
Mayor Suarez: Is there anyone here to be heard on this item? Let the record
reflect no one stepped forward. I'll entertain a motion, second reading,
Commission Plummer.
Mr. Plummer: Mr. Mayor, I'll move it with the same provision as before that
this matter does not become effective until all possible or potential affected
parties have been notified in writing at least 30 days in advance.
Mr. Fernandez: We have made provisions for that.
Mrs. Kennedy: With the provision, I second.
Mr. Plummer: I don't see it in here.
Mr. Fernandez: It is in the body of the ordinance itself.
Mr. Plummer: OK, all right. With that proviso...
Mayor Suarez: OK, is it stated, if I may interrupt you, Commissioner, to make
sure that we don't get in a legal bind here. Is it stated in terms of those
who are licensed with the City? That we notify them. I don't want to say,
all possible ones because there may be some unlicensed people out there or
some other people that could possibly be affected.
Mr. Plummer% I have no compassion in my heart for unlicensed people.
Mayor Suarez: That's what I want to make sure. I don't want them to later
say that it doesn't apply to them because they, for whatever reason were not
on our list, I mean, we want to send them to the people that we already have
listed as having retail licenses in that area.
Mr. Plummer: It so states here, I didn't see it.
Mayor Suarez: OK.
Mr. Plummer: The provision of this ordinance, the City shall cause to have
mail each retail establishment holding a City occupational license.
Mrs. Kennedy: I second it.
Mayor Suarez: OK, we have a motion with that proviso and a second. Call the
roll. Read the ordinance. Call the roll.
f x.
AN ORDINANCE -
AN ORDINANCE REQUIRING RETAIL ESTABLISHMENTS TO
DISCLOSE A NO REFUND AND EXCHANGE POLICY UNLESS FULL
REFUNDS OR EXCHANGES ARE OFFERED BI THE ESTABLISHMENT;
REQUIRING RETAIL ESTABLISHMENTS TO HONOR REFUNDS AND
EXCHANGES AS OFFERED OR OBLIGATED; PROVIDING FOR
CONSUMERS TO BE FURNISHED RECEIPTS; PROVIDING
PENALTIES AND FOR CIVIL ENFORCEMENT MEASURES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN OPERATIVE DATE; AND PROVIDING
FOR INCLUSION IN THE CITY CODE.
Passed on its first reading by title at the meeting of December 15,
1988, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, 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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10533.
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. OVERTOWN POLICE SUBSTATION: Discussion concerning alleged relocation of
the Overtown police station from the Culmer Center to the Overtown
Shopping Center.
Mr. Dawkins: Mr. Mayor, I'd like to bring Dr. Perry to the podium. I've
gotten calls from member¢ of the overboard - I mean Overtown Advisory Board -
that we gave instructions for the police station to move and it's not moving
no, as the chairperson, I =an I have - he hasn't called me and I haven't
talked to him but I've gotten calls from other members of the board. What is
the status, Dr. Perry?
Dr. Bill Perry: Nothing has happened yet...
Mr. Dawkins: Give your name and address, Dr. Perry.
Mr. Perry: Bill Perry, I'm sorry, Bill Perry, 850 N.W. 7th Street Road,
chairman of the Overtown Advisory Board. Mrs. Adker has been following
through on it with me. We've met with the Chief and he says he's received no
instructions to move, there's been no legislation, so called legislation..,
Mr. Plummer: To move what?
Mr. Perry: ... to cause him to move. The relocate the substation in Overtown
from the Culmer Center to the shopping center.
Mr. Dawkins: From the Metro Dade Service Center.
Mr. Plummer: Oh, oh, oh.
Mr. Dawkins: To move it up to our own shopping center. And we gave those
instructions, didn't we, Joe?
37 January 12, 1989
Lieutenant Joseph Longuaira: Yes, sir, what's happened In, we've gone and
looked at the location. We got with GSA who is holding the property. We went
and looked at the location for us to move to. In the meantime, the department
has had visits and complaints from some of the elderly people about moving it
from its existing location. We're attempting to set up a meeting between both
groups, everybody together, to discuss that move.
Mr. Plummer: Is that what the Commission instructed you to do?
Mr. Dawkins: Thank you, J.L.
Mr. Plummer: No, no, no you, Joe, Mr. Manager.
Mr. Odio: We were instructed to look at the Overtown Shopping Center for a
Mr. Dawkins: No, no, no, no.
Mr. Plummer: No, that's not what I recall. Uhat I recall was it was the
policy of this Commission that you shall move it, period.
Mr. Odio: Fine, we'll move it.
Mr. Plummer: Well, I guess the real question is, why hasn't it been done?
Mr. Odio: Because when we were going to do it, these people came up and
expressed their concern that it...
Mr. Plummer: All right, then, they got a problem with us, maybe.
Mr. Odio: Fine, we will... OK...
Mr. Plummer: But the instructions of this Commission was to move it.
Mr. Odio: Fine, we will move it immediately.
Lt. Longueira: We're doing it.
Mr. Plummer: You know, here again, you know, I'm saying that the policies set
by this Commission have got to be followed. If people have complaints of what
this Commission do, let them come here.
Mr. Odio: Fine we will move.
Mr. Plummer: But I would may that sometime within the next seven days, it
shouldn't be any problem to move it.
Mayor Suarez: Sounds like a reasonable period of time to me.
Mr. Perry: Thank you, Mr. Dawkins.
1 17
20. A. CLAIM SETTLEMENT: DAVID HERRING ($300,000).
B. Instruct City Attorney never to reveal any portion of ongoing
negotiations until ready to formally recommend to the City Commission.
Mayor Suarez: Item 23.
Mr. Plummer: Move it.
Mr. Jorge Fernandez: Twenty-two, Mr. Mayor.
Mr. Plummer: What?
Mayor Suarez: Twenty-two. Twenty-two?
Mrs. Kennedy: David Herring.
Mr. Plummer: What?
Mr. Fernandez: You.
Mrs. Kennedy: David Herring.
Mayor Suarez: Oh, I'm sorry, 2219 at the bottom of the page, I'm sorry.
Mr. Plummer: Oh, I didn't see it. I'm sorry, I didn't see it.
Mayor Suareze Should have realized it from seeing the family present.
Mr. Fernandez: Yes, Mr. Mayor, and members of the Commission, our office has
continued to engage with the attorney for the Herring's family in settlement
negotiations of their lawsuit against the City and we're happy to report to
you that there is a settlement agreement or a meeting of our minds which would
need your final concurrence and approval for that. We have agreed to settle
the lawsuit without admission of any liability as to the City and all parties
involved for an amount or a sum certain of $300,000 which includes a waiver of
proceeds for the twenty thousand dollars that Florida statute provides that
they are entitled to which the City would pay. So, in essence, it's
settlement of $300,000 that includes all the other monies to which they could
have applied and gotten from the City.
Mr. Plummer: Question...
Mr. Fernandez: And this is the recommendation of my office. Yes, sir.
Mr. Plummer: The only question, the City provides presently under its normal
procedures, a certain list of - what's the word I want to use - the $75,000
that is paid to the family of an officer that is killed in the line of duty.
Have they received that?
Mr. Fernandez: They have received certain sums which I'm ready to report to
you. They have not applied or received, as of yet, an amount of $20,000 that
we believe they're entitled to so my offer, or our settlement of $300,000,
includes that $20,000 to which we believe they're entitled to for which they
have not yet applied.
Mr. Plummer: Are you saying that that twenty would be a part of the three
hundred?
Mr. Fernandez: Yes, yes, sir.
Mr. Plummer: And the seventy-five thousand?
Mr. Fernandez: They have already received a sum total of approximately
$80,000 by virtue of - like, for example, one half of the annual salary that
he's entitled to receive, the cashing out of unused vacation time, the return
of his contribution from the pension plan, the Municipal Police Officers
Retirement Fund - that's a one percent excise tax levied against casualty
Insurance company...
Mr. Pluwnr: Well, the question I'm asking, is, in fact, this eighty thousand
you may they have already received...
Mr. Fernandez: Yes...
Mr. Plummer: ... is the norm that anyone Mould receive?
Mr. Fernandez: Yes.
Mr. Plummer: OK. Is that...
Mr. Fernandez: Approximately, according to the thing that are invested and...
Mr. Plummer: All right, all right...
Mayor Suarez: Right.
Mr. Plummer: As my colleagues say, mas o menos, more or less. So, what
you're saying It, that, in effect, the bottom line is the receiving of
approximately $380,000.
Mr. Fernandez: Yes, that would be correct, that's what the family...
Mr. Plummer: And that's your recommendation?
Mr. Fernandez: Yes, it is, sir.
Mr. Plummer: And they have accepted that.
Mr. Fernandez: Yes, they have, sir.
Mrs. Kennedy: I'm very happy...
Mr. Plummer: I'll move it.
Mrs. Kennedy: ... I'll second it. I'm very happy to hear that we have
reached a settlement.
Mr. Dawkins: They've accepted what now?
Mrs. Kennedy: Three hundred thousand.
Mr. Plummer: We've accepted the negotiated, good faith negotiations by the.
City Attorney, of $300,000. Plus the others that they've already received
which is $80,000.
Mr. Dawkins: So they're going to get $380,000.
Mr.
Plummer:
Well, they've already received the eighty. The negotiated
settlement now is for the three.
Mr.
Dawkins:
Is it three plus the eighty or
three minus the eighty? — that's
all, that's....
Mr.
Plummer:
No, they've received...
'f
Mrs.
Kennedy:
It's plus.
Ns
Mr.
Plummer:
... it's three eighty total.
Mr.
De Turret
Go ahead, now, but explain...
Mr.
Dawkins:
Oh, three eighty total.
Ct
Mr.
Plummer:
Yes.
Mr.
De Turret
Now, the eighty they would have
had ccaiiAg to_ttigAt`Wigxp:,.�'r�
Mr.
Fernandez:
Regardless.
Mr.
De Turret
No matter what..
Mr. Fernandez: Exactly.
Mr. Plummers That's correct.
Mr. Fernandez: Exactly.
Mr. De Turre: So that's...
Mr. Fernandez: Plus arguably and...
Mr. De Turre: ... so that really shouldn't be considered.
Mr. Fernandez: Plus arguably another $20,000 for which they had yet not
applied. So, by settling for an amount of $300,000, they are also foregoing
the application or the entitlement to that additional twenty. So the three
hundred includes the twenty and the 80 they would have gotten regardless.
Mr. Plummer: Is that to be paid in a lump sum or over a period of years?
Mr. Fernandez: No, the agreement is to be paid in a lump sum.
Mr. Dawkins: Well, why In it that you're paying in a lump sum when you had
the Neville Johnson and you - I'm sorry, and you weren't here now - I'm
speaking to the Law Department, not you. When you had the Neville Johnson
settlement, you spreaded it out and piece mewled it out to them, what's the
difference?
Mr. Fernandez: I cannot speak for that previous settlement. All that I can
tell you is that the value of money today, we were able to reach this
agreement being as far as we were originally on the basis of it being paid
Immediately.
Mr. Plummer% Well, wait a minute, there's also another reason. You weren't
here so let me put it on the record why. The Neville Johnson settlement was
far in excess of what this amount is and the City did not have the money and
the only way it could be negotiated was out into, as I recall, an endowment
fund paid out over a period of years.
Mrs. Kennedy: That was four seventy-one, right?
Mr. Plummer: If, in fact, we had to pay in a lump sum, we really were in no
position to negotiate any amount because we didn't have the money.
Mrs. Kennedy: Well, I think this sends a message, not only to the David
Herring family but to all the men and women in blue that this Commission
cares. We cannot ever compensate for David's death but we will try to do
what's right.
Mr. Dawkins: No, we're not trying to compensate for the loss of a life and I
still say legally we have no responsibility. But morally, I have no problems
with meeting our moral obligations, see. So I wanted to go on the record that
I still say that legally we have no responsibility, but as a moral issue, as a
man trying to protect the lives of the citizens of the City of Miami and this
accident happened and morally we are... I feel we are obligated to this and
I'll vote with the three hundred thousand.
Mr. De Yurre: OK, I'll move this item, Mr. Mayor.
Mr. Plummer: I've already moved it.
Mrs. Kennedy: It's been moved and seconded.
Mayor Suarez: Moved and seconded. Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Mayor Suarez: ... I've forgotten to inquire on this point because we've
gotten caught up with the issue of the amount. Has aay consideration beezi
given by the family or by you in negotiations, as to whether they'd be willing
to allocate some of the money for a charitable purpose?
41 January 12l-1989
s� v`�
14
Mr. Fernandez: No, we did not engage with them in that, air.
Mayor Suarez: Counselor, do you want to address that?
David Halberg, Esq.: The family will certainly consider whatever they feel to
be appropriate and they certainly do appreciate the City's response to them
after we got on the calendar last time things have moved expeditiously and we
thank the honorable City Attorney for the time that he has given us and his
assistants.
Ms. Hirai: Excuse me, may we have your name for the public record?
Mr. Halberg: I'm sorry, David Halberg.
Mayor Suarez: We have a motion and a second and it's properly understood.
It's been negotiated in detail with the fine print and everything else.
Mr. Fernandez: You.
Mayor Suarez: The usual exchange of releases and so on.
Mr. Fernandez: Right.
Mayor Suarez: Call the roil.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-23
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO -
PAY TO TOMMY D. HERRING, AS PERSONAL REPRESENTATIVE OF
THE ESTATE OF DAVID WAYNE HERRING, WITHOUT ADMISSION
OF LIABILITY, THE SUM OF $300,000.00 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, XAVIER SUAREZ, MILLER
DAWKINS, JOE CAROLLO, J.L. PLUMMER, ROSARIO KENNEDY,
CLARENCE DICKSON, RON WILLIAMS, TARIQ RIAZ, CESAR
ODIO, HERB FINKELSTEIN, JACK EADS, MARY STAIR, AND E.
j COOKE, UPON THE EXECUTION OF A RELEASE RELEASING THE
SAID PARTIES FROM ANY AND ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on
j 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.
Mayor Suarez: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Halberg: Thank you very much.
Mr. Fernandez: Yes, sir.
Mayor Suarez: Now that this matter has been successfully settled, let me may. t
that we have got to be extremely careful. to not put an item of; this _spry olt
the agenda as a proposed settlement until we're absolutely sure that bath =4
sides have agreed. We had a lot of media inquiries as to whether, in face, a y
eattlement had been reached. I think all the Commissioners were exposed tp "{
t• { r� •i
42 January
those and there really wasn't, until apparently just the last few minutes, as
far as I can tell.
Mr. Fernandez: I was asked by this City Commission - could you fix this mike?
Mayor Suarez: Oh, you understood that we wanted you to bring it back whether
you had a settlement or not?
Mr. Fernandez: Vith a report, with a report to you and that's what I intended
to you.
Mayor Suarez: OK, then maybe we have to clarify in the agenda that it was
just a report and not a settlement.
Mr. Fernandez: Right, and as recently as this morning, we were finally able
to come to a meeting of the mind. But I was just willing to report to you on
the progress that we were making because that's what you had requested me to
do. It so happens that this morning we had a meeting of the mind and that's
why, without hesitating, we just moved forward. But, I can assure you that
all the is have been crossed and the is dotted.
Mayor Suarez: It is the weakest negotiating position of any party to - that
I'm aware of in the practice of law - to have five people have to approve
something. It can also be used to your advantage if you're smart about it but
one way to use it to your advantage is not to always be airing it in public
unless you're pretty sure what you're doing and that's what concerns me and
there was a little confusion in the last couple of weeks with the media asking
if we, indeed, had a settlement. OK.
Mr. Fernandez: I appreciate your statements, I hope your friends in the City
Commission...
Mr. Plummer: Well, Mr. Mayor, I concur with what you're saying and I think
that maybe what we ought to consider as a policy of this Commission
Instructing the City Attorney that he is never to reveal any of a portion of a
negotiation until such time as he is ready to recommend a settlement or make a
recommendation to this Commission. And I think that that is the kind of
binding of his hands that he would like.
Mr. Fernandez: Yes.
Mr. Plummer: I'll so move.
Mr. Dawkins: Second.
Mrs. Kennedy: Yes.
Mayor Suarez: Moved and seconded. And executive sessions are not available
for settlement discussions?
Mr. Fernandez: No.
Mr. Plummer: No, you cannot.
Mr. Fernandez: No, only for labor issues.
Mayor Suarez: You should get an exemption from the legislature.
Mr. Plummer: You can't. Mr. Mayor, let me tell you, the one time in my
political career that I went to a grand jury was over the negotiations of
trying to acquire the FEC property and we went into an executive session,
negotiations is an adversary position, and we went into an executive session.
I have tried and tried to get the legislature to remove that portion from the
Sunshine Law. Do whatever you want, put a tape recorder, let a member of the
press set in, whatever, but I don't know how in the hell you can sit there, in
the public, and tell your negotiator what his parameters are and expect a true
negotiation.
Mayor Suarez: No, that's exactly why I'm saying
legislation.
Mr. Plummer: Oh, I agree.
43
January 12j
that we need a change im
rr
a
^E
r �=Y
__ ��4
Mayor Suarest Us mod a lot of change* in, legislation, in regards, to the
Sunshine Law.
Mr. Plummer: Hell, it's, you know, the legislature sags very simply, do as we
ray, not as what we do.
Mrs. Kennedy: Right, because they're exempt.
Mr. Plummer: Yes, they're exempt.
Mrs. Kennedy: It's easy.
Mayor Suarez: Call the roil on the motion.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 69-24
A MOTION STATING THE POLICY OF THE CITY COMMISSION
INSTRUCTING THE CITY ATTORNEY NEVER TO REVEAL ANY
PORTION OF AN ONGOING NEGOTIATION UNTIL SUCH TIME AS
HE IS READY TO MAKE A RECOr=r.NDATION TO THE CITY
COMMISSION.
Upon being seconded by Commissioner Dawkins, 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.
two
21. SECOND READING ORDINANCE: Amend Code Sec. 14-26(d) - remove the
consecutive full term maximum service requirement for private sector
members of the Downtown Development Authority Board.
Mayor Suarez: Item 23.
Mr. Plummer: Twenty-two, yes, I move it, as before.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion on 23, the second reading of
tine ;�a
ordinance? Read the ordinance. Call the roll.
txxL r^
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 14-26(d) OF THE CODE OF
'
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO REMOVE THS
I1"
TWO CONSECUTIVE FULL TERM MAXIMUM SERVICE REQUIRBMSNT
�M=,
FOR PRIVATE SECTOR MEMBERS OF THE DOWNTOWN DEVBLOPMENT
;yr •:
AUTHORITY BOARD.
asse on its first reading by title at the meeting of Decombetr 1F#
1988, was taken up for its second and final reading by title and adoption,.'
Motion of Commissioner Plummer, seconded by Commissioner Ketutedy,
Ordinance was thereupon given its second and final reading by title 4i4d pegae
and adopted by the following vote: Y
xk-Y
4�► Ja�aud:
AVISI Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ROSSI None.
ASSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10534.
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.
22. A. SECOND READING ORDINANCE: Amend Code Sec. 22-2 Chapter 22 ("Garbage
and Trash") - provide that all private haulers (1) notify the City in
writing of intention to discontinue service to commercial
establishments; (ii) require notice also be mailed to affected
establishments.
B. Trash receptacles for Coconut Grove.
Mayor Suarez: Item 24.
Mrs. Kennedy: It's in for second reading. Moved.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion?
Read the ordinance. No,
no, I didn't mean to abstain on 23. Did you record
my vote?
Ms. Hirai: Pardon, air?
Mayor Suarez: Did you record my vote on 23?
—
Ms. Hirai: Yes.
_ Mayor Suarez: Oh, thank you, Mr. Vice Mayor. Yes,
I did abstain on item 24.
I intend to abstain again. Why don't you chair, Mr.
Vice Mayor?
_ Mr. De Yurre: OK, call the roll please.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE
INTO THE PUBLIC RECORD BY
TITLE ONLY.
Mr. Plummer: What is the time frame? Is it 30 days notice, 20 days notice?
- How many days notice?
Mr. Fernandez: Seven...
Mr. Joseph Ingraham: Seven day notice time period.
Mr. Fernandez: Seven days no... no, seven business
days. .=r�
Mr. Plummer: Seven working days or seven calendar days?„
Xr. Ingraham: Seven working days.
Mr. Fernandez: Seven business days.
Mr. Ingraham: Seven business days.
t
Mr. Plummer: OK. Don't run off, Mr. Ingraham, I pant to talk With you. �,
_e
as
Jon
k }
16,
Ms. Hirai: Mr. Vice Mayor, we teed to call the roll.
Mr. plummo r: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 22-2, ENTITLED
"COLLECTION SERVICES, CONTAINER USAGE, CONDITIONS AND
REQUIREMENTS FOR PLACEMENT LOCATION", OF CHAPTER 22,
ENTITLED "GARBAGE AND TRASH", OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT ALL
PRIVATE HAULERS UNDER THIS CHAPTER GIVE THE DEPARTMENT
DIRECTOR PRIOR WRITTEN NOTICE OF THEIR INTENTION TO
DISCONTINUE SERVICING A COMMERCIAL ESTABLISHMENT AND
THAT PRIVATE HAULERS WILL ALSO MAIL ONE NOTICE OF
DISCONTINUANCE OF SUCH SERVICE TO THE AFFECTED
COMMERCIAL ESTABLISHMENT; FURTHER AMENDING SUBSECTION
22-32(d) OF SUCH CHAPTER, ENTITLED "ENFORCEMENT AND
ADMINISTRATIVE FEES", TO PROVIDE THAT A COMMERCIAL
ACCOUNT WITHOUT WASTE COLLECTION SERVICE SHALL BE
ASSESSED AN ADMINISTRATIVE FEE OF $250.00 PER DAY'
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of December 15,
1988, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, 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
Vice Mayor Victor De Yurre
NOES: None.
ABSTAINS: Mayor Xavier L. Suarez
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10535.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Plummer: Mr. Manager, I have complained and still complain, I am driving
around this town finding private haulers who are providing bins less than what
In adequate. I continuously bring it up, I am told that we are working on it
and all I've seen is a continued overflow of these bins. Now, when in the
hell are we going to do something?
Mr. Ingraham: Mr. Commissioner, by the next City Commission meeting, we would
have had notified the private haulers, through their attorney, as to what's
already in chapter 22, where they would notify the private haulers as to those
standards. The standards were already there in an initial modifications of
chapter 22 when we established the franchise fee for a minimum requirement of
2 yard containers.
Mr. Plummer: Well, you know, let me tell you something, that's fine, but _
you're not going to get an apartment house owner or someone else to go and to
pay more money for a bin. He's going to provide the minimum. Now, my concern
Is, do we have a provision in Code Enforcement or in the Sanitation Department
that if we to out and we take pictures of these bins running over, that we can
Individually fine these people because that's the only way they're going to
understand.
Mr. Ingraham: Yes, sir.
Mr. Plummer: Why aren't we doing its
4 Jemu#ry
. 0
Mr. Ingraham: We haven't done it, sir, under the guise of making sure that
the private haulers and the customers were properly notified and we were going
to do it in that time period. The provision is there and we will do it at
that particular time, sir.
Mr. Plummer: I'm going to be waiting.
Mrs. Kennedy: Mr. Ingraham, while I have you here, what happened to the trash
receptacles that I asked you to buy for the Coconut Grove area7
Mr. Ingraham: The bids were just opened on yesterday, Commissioner Kennedy,
and, in fact, I don't know as I stand here at the conclusion of them, they
were opened on yesterday and, hopefully, we will be going in the process of
purchasing them and having them in the next 90 days.
Mrs. Kennedy: OK, thank you.
Mr. Plummer: That's all I have.
Mr. Ingraham: Thank you.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: On what?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: We called the roll on 24.
Mr. Fernandez: We did.
23. SECOND READING ORDINANCE: Amend Ord. 10521 by increasing the
appropriation for North Flagler Sanitary Sewers, Project No. 351273,
$165,000.
Mr. Plummer: I move 25 as I did before.
Mr. Dawkins: Second.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
—
Mr. Plummer: Yes, Miller seconded it.
_ Mayor Suarez: Which In the motion, I'm sorry?
Mr. Plummer: Twenty-five.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
Call
- the roll.
AN ORDINANCE -
-
AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE No.
10521, ADOPTED NOVEMBER 17, 1988, THE CAPITAL
IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING
THE APPROPRIATION FOR NORTH FLAGLER SANITARY SEWERS,
r'
PROJECT NO. 351273, IN THE AMOUNT OF $165,000;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
{.>:
CLAUSE.
;
Note: Ord. No. 10521 has been previously amended by
Emergency Ordinance 10529, adopted December 15, 1988.
Passed on its first reading by title at the meeting of December
1S, r
1985, was taken up for its second and final reading by title and adoption.
On' -
Motion of Commissioner Plummer, seconded by Commissioner Dsakin6
then
Ordinance was'thereupon given its second and final reading by title and,pa�ine`3
and adopted by the following vote:
r r1
47 .T4R{1yZ�e
a
a
ATESt Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Turre
Mayor Xavier L. Suaret
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10536.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
24. DOUGLAS N. HIGGINS, INC.: Proposed acceptance of bid regarding North
Flagler Sanitary Sewer Improvement. (Continued for further information -
see label 67).
Mayor Suarez: Item 26.
Mr. Dawkins: Move it.
Mayor Suarez: Moved. Accepting the bid.
Mrs. Kennedy: Let me second it for discussion purposes....
Mayor Suarez: Seconded for discussion.
Mrs. Kennedy: ... you know, Mr. Manager, this is a classic example of what I
was telling you the other day and what this Commission has expressed. We're
giving this company almost $4,000,000. On item 52, we're giving this same
company over $5,000,000. We're talking about $10,000,000 here. Can't we
spread this around?
Mr. Don Cather: We have, in the past, made a very diligent effort to attempt
to spread the contracts around by say, breaking up a typical highway sewer
section into four parts, say, instead of 4 million. four one -million dollar
contracts. What ends up is that three of the four contracts get awarded to one
person who is the low bidder on three or four or even two or three. Then we
have the problem of administering four separate contracts and providing four
different inspectors and increasing our administrative costs and we have not
seen any remarkable increase in the amount of bidders available. We can try
It again and we had planned to do it again because of our experience with
this.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Cather: Yes.
Mrs. Kennedy: You know, this is a company from Ann Arbor. Michigan and, yet,
we're trying to help local and minority companies and, you know...
Ms. Adrienne Macbeth: Commissioner, if I might just add that if you pass on
second reading the amendments of the minority procurement ordinance, this will
enable us to establish required subcontracting goals in contracts of this
nature for minority and women owned firms.
Mr. Dawkins: I move that we table this until we pass the other ordinance to
see if we can't go back out and do better.
Mrs. Kennedy: Second.
Mr. Dawkins: I agree with Commissioner Kennedy that it local people are not
going to be able to work local people and help our economy, we do not need to
take the tax dollars and send them to Michigan.
40 J.4n1g4ry 1.2, 1 $
•
Mr. Plumb r: Now zany companies were sent bidat
24101 N'TZIPIED SPEMR: Twenty-six.
Mr. Cather: Ninety-six invitations were mailed, six contractors picked up the
plans and specs, one Hispanic, zero Blacl: and zero female. Four contractors
submitted bids: one Hispanic, zero Black and zero female.
Mr. Plummert Ninety-six invitations were sent out and only six picked up
bids.
Mr. Cather: That's correct.
Mr. Plummert For four million dollars worth of work.
Mr. Cather: Right.
Mayor Suarez: That's amazing.
Mr. Cather: And I also, in accordance with your last Commission meeting
request, contacted all of the contractors in the area. I have one verbal -
one written response from a contractor stating why he did not bid on it and he
said he vas not in the utility contracting business and the other four or five
called up and said that they just had too much work. And out of the - I think
we sent out about 50-60 letters - we've had one written response and four or
five phone calls.
Mayor Suarez: This is in Flagami, is it not, Don?
Mr. Cather: Beg you pardon?
Mayor Suarez: This is in Flagami, the area known as Flagami?
Mr. Cather: Yes.
Mayor Suarez: If and when this project is done, what percentage of
the City
will be sanitary severed? You have...
-
Mr. Cather:
This will probably bring us up to about 98.
Mayor Suarez:
Ninety-eight.
_
Mr. Cather:
Ninety-seven, ninety-eight.
Mr. Plummer:
And where are we...
■
_ Mr. Cather:
We still have the biggest one left is Coconut Grove.
- Mr. Plummer:
And where are we with storm severs?
Mayor Suarez:
You have to convince me it's a good idea.
Mr. Cather:
We're continuing with storm sewers...
Mr. Plummer:
But, I mean, percentage -wise, where are we with that?
Mr. Cathert
Well that's kind of a hard question to answer because I
proposed
a master storm drainage plan that is something like 4200,000,000 and we've got =
$30,000,000 in funds for the storm sewers and we've going to be at
that for
the next 20
years, trying to upgrade. Now we have retrofitting required by
DBRM that we are trying to do also, so the storm sewer, as far
_}
as the
of eom completion, I 'k= percentage p , get approximate for you at the next Commission
meeting, but
I couldn't get it off the top of my head.
Mr. Plummer:
Just send us a memo.
Mr. Cather:
Yes.
Mayor Suarez:
We have a motion to, is it defer, or continue? Aeator?
*Fr
Mrs. Kennedy:
Table.
JaRu�r�►
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Mayor Buareat Table"
Mr. Plummort Continue for further information.
Mayor Suaret: It to really continue. 'Table is juet until inter on !u the
meeting. Call the roll.
Mr. Plummert That's on 26, correct?
Mrs. Kennedyt Teo, it's tabled until the other ordinances....
Mayor Suarazt 26, right.
MOTION TO CONTINUE
Upon motion duly made by Commissioner Dawkins and seconded by
Commissioner Kennedy, item 26 was continued for more information
by the following vote of the City Commission:
AYgSt 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.
25. STORAGE OF POLICE MOTOR VEHICLES AT NW STH STREET: Discussion.
Mr. Plummer: Mr. Mayor, before we start item 27, Mr. Bailey, Mr. Manager, we
instructed Mr. Bailey to come back to this Commission on a piece of property
on fifth street for the possible joining hands with the situation of storage
of motor vehicles. I've not heard anything in reference to that.
Mr. Odio: Let me get the report right away on that.
Mr. Plummer: Well, OK, because as it stands right now, that which we have''as
City storage is absolutely a disaster. It is absolutely bad and I the way,
we are spending, from what I understand, roughly a quarter of a million
dollars a year in police personnel to guard it, which I think is absolutely
ludicrous.
Mr. Odio: The towing ordinance. —
Mr. Plummer: Well, I asked about that because that's in conjunction with the
storage. Go ahead, proceed with 27.
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26. A) SECOND READING ORDINANCE: Amend Code Chapter 42 - establish maximum
towing and storage rates to be charged for the recovery, towing,
removing and storing of motor vehicles on private property - establish
procedures, etc.
B) Request City Manager to justify why the GSA Dept. cannot be assigned
the responsibility for monitoring the implementation of the above.
Mayor Suarez: OK, on item 27, let me say that I would very much want to vote
with the ordinance. I think that the proposed $45 is too low and I never
thought I'd hear myself saying this, because I have been on the forefront of
the battle to rein in and regulate towing companies and by the way, since the
last Commission hearing on this, we've had additional complaints about towing
companies. I don't think any of them, the ones that were here the last time,
but maybe they were...
Mr. Odic: Well, there was one here last time, he said he never charged
anybody over $70. Let me tell you, we went to lunch at the Fire House and one
of my staff members was towed away by that same company.
Mayor Suarez: From a private lot?
Mr. Odic: From a lot and they charged, they wanted $125 in cash and I don't
know how much, he was in...
Mayor Suarez: What was the name of the company?
Mr. Odic: I don't remember the company, but I know the statements were made
here, they never charge that kind of money. Well, one of my staff members was
asked for that kind of money.
Mayor Suarez: In any event, if Commissioner were willing to, on second
reading, consider making the fee the maximum... yes, the maximum fee $55 for
the normal towing situation, with or without the service fee, I don't think
that we should be charging a service fee, frankly. I think that it is
essentially a private industry and I think it could get us into trouble if we
imposed what is in effect a 20 percent of total revenue fee in those
situations without any real clear study of the industry's ability to bear that
and without any... I'm not, I don't want say that we don't have a rational
basis for imposing it, but it's... I just think we are going to have a tough
time in court if we're challenged on it. Although, I would also accept a
smaller fee if that was the alternative settlement or the alternative
compromise and I'd just propose that. I would vote for a maximum of $55.
Mr. Plummer: Mr. Mayor, we had given to us last time, what it is in fact, the
cost from the Police Department, and as I recall, that cost factor was
something in the neighborhood of $180,000, so if that's not a good defense in
court of why we are charging an administrative fee, I don't know what is.
Mayor Suarez: Well, but what I'm saying, if it works out to be 20 percent of
the entire amount that they are charging and that seems awfully high. It was
$186,000 for how many towings?
Mr. Plummer: Excuse me, I wasn't... it is not my figures, it was the
department's. As I recall, that number was like $180,000. They gave us a
sheet on it, $121,780.
Mayor Suarez: For how many towings?
Mr. Plummer: I don't think it was for the number. Here, let me read the
memo. Below are the additional administrative costs incurred by the wrecker
detail for sworn personnel. That's just for the personnel of three policemen,
for $121,000.
Mayor Suarez: Because I would guess that in the City of Miami, we are talking
about the regulation of an essentially private industry, the total number.of
private towings taken place in the City in any one year, has to exceed 5,000
or 10,000, which wouldn't even...
51
Janmary 12, 19b9
Mr. Plummer: Well, let we ask one question. Mr. Manager, with our problem
and the shortage of policemen on the street, would we be smart to consider
taking the wrecker service out from under the Police Department and putting
that $121,000 worth of policemen back out into the area of enforcing the law?
Well, I don't know, but you know, I am just saying, you are going to have
administrative fees wherever you go, but this thing here, you are talking
about three officers on a yearly basis, we are paying $121,000 that in my
estimation, are damn good policemen that should be back out on the street.
Why do we... I guess the real question, why do we need a sworn officer to
administer the wrecker services?
Officer John Shannon: Commissioner, I can only speak by myself on my own
thoughts. I would rather see this turned over to the County Consumer Advocate
Division, as the County as done, and get the City out of it entirely, as far
as private property town go.
Mr. Plummer: Wall, one time, you know, we did consider turning it over to the
Off -Street Parking Authority, because they do in fact have a separate contract
for the purposes of towing, but the question I'm asking of the Manager is why
Is it necessary, how do you justify $121,000 worth of General Fund money for
sworn officers to administer this kind of a program? These are the kind of =
things that I've been trying to say, why we have to have a sworn officer
administer burglar alarms. These are administrative matters. We need
policemen on the street.
Ofc. Shannon: Well, we have to follow up on the complaints of consumer if...
Mr. Plummer: Why the police? Why a sworn officer?
Ofc. Shannon: I don't know. The two that are there, myself and Officer Hayden
are both light duty and it's probably the only reason we're in there.
Mr. Plummer: You know...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: ... sure they can do something else, if it is nothing more than
straighten out damn record processing. You know, I am saying... hey, I have
no truck with you individually, all right? My complaint all the way along has
been that we are using sworn personnel in administrative positions which gives
us a shortage. You know, Mr. Manager... I'll shut up.
Mayor Suarez: I agree with what he is saying and I hope that, Mr. Manager, as
we finally get to analyzing the deployment of police officers in the City, and
determine at some point why at any time eight or nine or ten percent of our
police force is actually out there doing what Commissioner Plummer is
referring to, which is patrolling, investigating, and so on, that you will
come back and answer about all these specialized units and why we can't do it
with other personnel of the City, whether they be administrative personnel,
fire fighters, I don't know... private contracted.
Mr. Plummer: Mr. Mayor, I'm going to make one statement without going into
any details, all right? If we continue with our Police Department to do
business as usual, we are going to have results as usual, which nobody,
including the Department is happy with.
Mayor Suarez: That's as good a statement as I've heard of the problem.
Ofc. Shannon: The County has a vehicle research unit which is attached to
their property unit. At County meetings last year, they did not want anything
to do with private property towing, hence they turned it over to Dade Consumer
Protection Division, which, it is a big headache, to be honest with you,
and...
Mr. Plummer: Well, let's ask this question. How is the Dade County consumer
unit doing and administering this problem?
Ofc. Shannon: As far as I can determine, I talked to Bennett Alper yesterday,
and they have issued several, by several, I mean several hundred $500 fines
for some of these companies, so they do have...
52 January 12, 1989
Mr. Plummer: All right, do we have the provision under the State legislative,
who threw the hot potato to us, do we have the right to turn it over to them.
Ofc. Shannon: I don't know. You'll have to ask the Legal Department.
Mr. Plummer: Well, I mean, you're recommending that that's what we consider.
Ofc. Shannon: That's personally what I would recommend.
Mr. Plummer: Yes, I understand that and I don't think that there's is
necessarily that that's the worst thing in the world could happen, but the
question I'm asking is, when the Legislature threw the hot potato to the City,
giving us the right to set...
Ofc. Shannon: Right.
Mr. Plummer: Then it also gives us the right to turn it over as we did with
taxi cabs.
Ofc. Shannon: Yes.
Mr. Plummer: Because taxicabs, let me tell you something. The worst thing in
the world that has happened to this community is turning over the taxicabs to
Metropolitan Dade County. I don't know of anybody, including myself who is got
in recently, a clean tab, or...
Mayor Suarez: The second worst thing that we did, or that resulted from that
is that they have limited the number of taxi cabs and otherwise made it a very
lucrative business instead of allowing competition, which is really
preposterous.
Mr. Plummer: Mr. Mayor, I got the cab to the airport the other day that the
driver did not know where 17th Avenue and Dixie Highway was! I have never yet
come from the airport, from the airport to my front door, and had the same cab
fair twice, and I'm talking about on at least six different occasions.
Mayor Suarez: They have no idea where City Hall is, Miami City Hall.
Mr. Plummer: I don't go to City Hall.
Mayor Suarez: No, but I mean, they have no idea where Miami City Hall is
either.
Mr. Plummer: They don't want to know.
Mrs. Kennedy: And when you think that this is the first impression that our
tourists get from the City, you know, it's pitiful.
Mayor Suarez: OK, you want to make a statement, sir?
Mr. Stanley Mykytha: Yes, I'm Stanley Mykytha, 3075 SW 28th Street. I am the
Dade County area chairman for the Professional Wrecker Operators of Florida.
I am also an owner of a towing service in the City of Miami. In answer to the
question on Dade County, they have sent out a lot of citations on offenses.
They have not collected a dime yet. They have a problem enforcing the
ordinance. The second situation is...
Mayor Suarez: You mean, are saying that the Dade County Consumer Advocate is
doing not only supervision of private towing, but they are also doing the
County initiated towing?
Mr. Mykytha: No, just the private property towing.
Mayor Suarez: Why would there be any collection of any fines?
Mr. Mykytha: Well, the fines for violation of that private property law.
Mayor Suarez: Oh, I see, I ■ee.
that we're putting into effect?
that is being put into effect
ordinance?
Are there fines attached to the ordinance
Are there fines that go with this ordinance
that's being proposed for violation of the i
53
k
Mr. be Turre: Yes, there are. Mr. City Attorney.
Mr. Fernandaz: Tea, air.
Mr. De Yurre: Can you illuminate us on the fines that are imposed on this
ordinance?
Mayor Suarez: The fines for violating, presumably the...
Mr. Fernandes: The fines are triple to the homeowner, or to the property
owner if he...
Mayor Suarez: For overpricing.
Mr. Fernandez: ... mis-reports or if he causes it...
Mayor Suarez: But I mean, are the fines generally dealing with the issue of
their charging more than they are allowed to, is that what the fines...
Mr. Fernandez: Yes.
Mayor Suarez: OK.
Mr. Fernandez: And I believe it is four times, three times, I'm sorry.
Mayor Suarez: Trouble damages.
Mr. Fernandez: Yes.
Mayor Suarez: OK.
Mr. Fernandez: What the charge is.
Mayor Suarez: Well, the fact that the County has not collected many fines
doesn't mean all that much to me. For all I know, everybody is obeying that
law. They should obey the law. Go ahead.
Mr. Mykytka: Well, they haven't collected anything as of yet, even though the
put the fines out. Second issue is the City of Miami contracted wreckers.
The cost per tow is approximately $11.83, of which the City is collecting a
$10.00 administrative charge. When a contracted wrecker goes out, you have a
police officer on the scene. They dispatch, they receive the information,
they handle most everything. All we do is tow a car when you tow a private
property situation. The only thing a police officer does, or the CIS does is
report into computer, and maybe handle complaints if there is one. The
cost...
Mayor Suarez: Yes, let me just ask a question on that. Commissioner or Mr.
Vice Mayor, would you accept the $5.00 administrative fee in a total of $55?
Mr. De Turre: It would be $50 for the tow truck company and $5 for the City?
I have no problem with that.
Mayor Suarez: Go ahead, I'm sorry. -
Mr. Mykytka: But the main thing is, we know there is a problem in the
Industry, it is not all the towing services, but if you'll remember, back in —
November when this issue first came up, Commissioner Plummer requested this
issue be put to the Commission, the Towing Committee, with Ron Williams. As
of this time, I feel it has not gone to that committee and we request that it
goes back to the committee and this ordinance be gone back over again and we can come with something that's workable for the general public and the towing
services.
Mayor Suarez: What does the ordinance do on the issue of requiring cash? Are
we specifying that they must accept some other form of payment?
Ofe. Shannon: Credit card.
Mayor Suarez: Accepted, established credit cards, whatever.
Mrs. Kennedy: No checks, but credit cards, right?
Mayor Suarez: That will also, and I'm glad you are accepting that
modification because that will also reduce another two or three percent of
which you actually get paid, I forget what the credit card typical charge is,
but it is two or...
Mr. Mykytka: Anywhere from three to six percent.
Mayor Suarez: ... four percent, I hear the hand going in the back. So, we
are taking ten percent if it is $5.00 per service charge, or administrative
charge to the City and then another four percent in the case of credit card
payments, not to mention the staff that you have to have and everything else,
If you do that. OK, anything further?
Mr. Mykytka: It would be very unfair if you passed this on second reading
without reconsidering all the issues in committee. Thank you.
Mr. De Yurre: Mr. Mayor, I'll move this ordinance with the change that
Instead of $10 going for the administrative charge, that it be $5.00, so on -
top of $55, $50 for the tow truck company and $5.00 for the City.
Mrs. Kennedy: I'll second.
Mayor Suarez: So moved and seconded.
Mr. Plummer: Question.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Approximately how many tows did we make last year? The question
I'm really asking is, is the $5 adequate to cover the City's cost of expense
of administrating?
Mr. De Yurre: It's not going to be adequate, but at lgast it helps.
Mr. Plummer: Then why would we do it for any less? Why should we subsidize?
Mayor Suarez: Because we haven't charged anything in the past and these guys
presumably do more than just... is the wrecker, what do we call it, the
wrecker unit, is that what we call it?
Ofc. Shannon: Yes.
Mayor Suarez: That's a hell of a name. Does the wrecker unit do also the
public towing situations?
Ofc. Shannon: Right, as far as the police contract, the tow wrecker...
Mayor Suarez: We're opposing this administrative charge on all the private
towing. We don't know how many are done in any one year. Do you have any
idea how many towings in the entire City of Miami in any one year? Probably
nobody knows, huh?
Ofc. Shannon: As far as Police initiated tows?
Mayor Suarez: No no, we are now regulating the whole private industry. We
don't know how many times they are going to be... =
Ofe. Shannon: I don't have those figures here right now.
Mayor Suarez: We've never regulated this field, that's why.
Ofe. Shannon: But in one month, one company towed 500 some, and another
company towed, I think it was close to 400 and there is 17...
Mayor Suarez: The impossible... we don't even know how many companies there
are.
55
Mr. Shannon: There are seventeen companies licensed.
Mr. Plummer: Yes, but hold on a minute now. You know, all right, let me get
selfish for a minute. You are charging funeral homes right now, $10
administrative charge for every escort of a funeral and we said that it was
only right that the City should be reimbursed for any out of pocket expenses
and we pay the $10. Now, why would you want a subsidy in another industry
that's any different?
Mayor Suarez: It's not a subsidy, you can't determine how much it really
costs us to administer what would be the supervision of essentially private
activities in the City.
Mr. Plummer: I asked...
Mayor Suarez: They are not using our personnel like an off duty police
officer in a funeral situation. You know, that has all kinds of exposure to -
the City, and by the way, what is this I hear... I'm sorry, if I am
Interrupting you, and it is not really the pertinent topic. What is this I
hear about police officers of the City of Miami agreeing to escort a funeral
only up to a certain number of cars, and when the number of cars in the
cortege exceeds that, they drop off and tell people you're on your own from
this point forward. I've just had a complaint that indicates that. Do we
have such a system?
Mr. Plummer: We have an unwritten rule that each officer is to accommodate
for ten automobiles and that really shouldn't be an unwritten rule.
Mayor Suarez: I think in this case there were three, so they were saying 30, _
and anyone including in this case apparently the grandfather of the deceased,
was number 31 car. He got to the intersection and the officer said, you're on
your own. I mean, I hope that we're pretty flexible on, you know.
Mr. Plummer: Thirty-one they've never turned us down on, OK?
Mayor Suarez: That's the complaint that I just received.
Mr. Plummer: But what the problem is, is in fact that you have a minimum of
two men for any detail, which is 20 cars and you're going to find people who
traditionally have said, we know we are going to have 100 automobiles, but we
are only going to order two men, and it is totally a hazardous problem. It is
always at best a guesstimate, OK? - but let me say to you that an officer and
a motorcycle escort cannot adequately handle more than ten cars per man.
Mayor Suarez: I just want, or per officer, let's say.
Ofc. Shannon: Per officer, yes, sir.
Mr. Plummer: Per officer.
Lt. Longueira: It happens to be men on that issue because they don't have
any women at this point.
Mr. Plummer: Well, I don't think we have any female motorcycle...
Mayor Suarez: We very well may, though.
Mr. Plummer: Well, let me tell you what the City's going to have to come to
and Joe, I would suggest, the City of Coral Gables is just gone to a policy of
a minimum of three men. They will not run an escort without three men. Now,
and I think that is going to address the problem of some funeral homes who
have been consistently under ordering, so I... you know, you do what you want,
but if it is working good in the Gables, I think it should be considered here.
Lt. Longueira: OK, just for a matter of clarification to understand the
issue. It is a matter of safety and injury. When there is too many cars...
Mayor Suarez: I know what it is a matter of, Lieutenant. I will get the
complaint to you. I'm sure you'll resolve it in a way that the officer is
courteous to the person involved, that's all. I just wanted to clarify that
there was some sort of a policy of that sort, otherwise, this complaint is
totally made up, and I gather there is some kind of a policy.
56 January 12, 1980 t'
Mr. Plummer: Yes.
Ms. Lauraine Lichtman: Excuse me, 2 Just want to ut►dsrstand what's going On
exactly. Tou're...
Mayor Suarez: That's all right, we don't understand either, but go ahead. —
Ms. Lichtmans OK, you're saying that it costs so much for the policemen to
come out with the wreckers. The difference is is when you have a police
contract, the policemen have to be there because they are the ones that order
the wreckers.
Mayor Suarez: Yes, and we have liability and our initiation of the wrecking
situation It's a very different situation.
Ms. Lichtman: OK, our private property towing is my drivers or, if we're
called to tow a car, they go out there on their own without a policeman,
unless there is a complaint. In fact, this is not in the City of Miami, but
we had to tow away from the flea market and we even apprehended a criminal
that had a stolen vehicle because the security that called us for the car,
when they came to pick up the car, we called the security down there, which he
held him for the police officers. You know, we get a lot of stolen recoveries
that way.
Mayor Suarez: Were you the person that before I asked what would be a logical
maximum fee for the simple cars, simple towing situations, and you told me,
what, $65 or $70?
Ms. Lichtman: Yes, about $70. You also have to understand that...
Mayor Suarez: You know what I...
Ms. Lichtman: Wait, and one more...
Mayor Suarez: ... know that you are giving me your sort of intuitive feeling
of what the industry can bear, what would be a fair price, but I have a
feeling that a year from now, if we institute this ordinance, if we meet here
again and we do an analysis of your records, these prices will in fact be
competitive and you will be able to make money, I just have that feeling, I
can't prove it to you, but...
Ms. Lichtman: OK, Mayor Suarez, I understand that some of the rates which are
ridiculous, $125, $150, but then again I tell you that we give a lot of no
charges back too. We have to pay our drivers when somebody comes to my window
and tells me Laurie, you know, they'll tell me, or they come and they got a —
baby, and live in Deerfield or Fort Lauderdale and they don't have the
money... _
Mayor Suarez: Well, I know the industry... yes.
Me. Lichtman:... and I give it back to them, I can't tell my driver, well I
can't give you the commission because I felt sorry for the person, I still
have got pay my driver the commission.
Mayor Suarez: You know, in other industries, to avoid this situation, what
they did they got together and they formed an association and they imposed —_
maximum fees that could be charged to protect the public. We wouldn't have
had all the constant complaints that we get here in the Commission of $120..
they towed the Manager's aide's car and charged $125. That wasn't very smart,
you know?
Me. Lichtman: I towed the Congressman's car and didn't know it was the
Congressman Nelson's car, you know? -
Mayor Suarez: Not very smart either to tow Congressman Nelson's car and
charge that much.
Ms. Lichtman: I didn't charge that much, though. You didn't get no complaint
on it. ..
s.
4
Mayor Suarez: But I Mean, we constantly get complaints of average citizens
having people from out of town, tourists that come in here and...
Me. Lichtman: Well, I agree with a set rate. I do agree that some companies
do way over charge and I'm not going to fight that back.
Mayor Suarez: But if you had formed and association on a voluntary basis had
regulated yourselves to have maximum fees, if that is not a violation of the
antitrust laws. Anyhow, you might not be in the position that you are in
today.
Mr. Mykytka: Stanley Mykytka again, sir. That would be a violation of the
antitrust laws. We do have an association. The problem In you cannot force
everybody to join your association. The ones who have not joined are
basically the ones who are...
Mayor Suarez: Does the association have maximum charges posted, or
recommended charges?
Mr. Mykytka: We are not permitted to do that, sir.
Mayor Suarez: You are not able to do that.
Mr. Mykytka: We cannot do that.
Mayor Suarez: Even in the regulatory, or self -regulatory context, they can't
propose maximum fees?
Mr. Mykytka: It's a violation, sir.
Mr. Fernandez: It would be a violation.
Mayor 5varez: I know that the antitrust division of the Justice Department a
lot of times see them not as maximum fees, but as minimum fees. That's where
they get at you. That's what happened with lawyers.
Mr. Plummer: Let me ask this question. The motion before us is $50 plus $5.
In your estimation, will the $5 administrative cover the cost of the City's
expense?
Ofc. Shannon: Yes.
Mr. Plummer: It will?
Ofc. Shannon: Yes.
Mr. Mykytka: Well, our association and myself will agree with that, that is
fine. It is the other parts of the ordinance there is some issues in it that
are in conflict with existing laws, that are not right...
Mayor Suarez: Give us those, because we ought to get that resolved as quickly
as possible. What other parts of the ordinance are...
Mr. Mykytka: The section 14, item 14, the use of the emergency light, first
off. That is an emergency light. When you are sitting in the middle of a
parking lot, you are not involved in an emergency and what it is going to do,
It is going to desensitize the people, the general public on a road, while
they are driving down the road, when this see this yellow light all the time,
they ignore it, and it happened to myself. I had a vehicle run into the side
of my truck.
Mayor Suarez: What does that provision say about the use of the yellow light?
I am concerned about that, we are not going to have yellow lights going off
all over the City now.
Ofc. Shannon: I think the only time that the towing companies could use a
yellow light is at the discretion of the police officer, and the police
officer...
Mayor Suarez: What does the ordinance say about the required use of the
Yellow light?
T 7 .
�S
Ofc. Shannon: While they are picking up a vehicle they have to use it. I had
a case just the other day where a woman showed up, they had the car up on the
wrecker, she shoved up on the scene. She had the money to pay. They were
required to release the vehicle for half the price, they did not do it. They
put her in the wrecker, drove back to the company and still charged her $100
for it. I'm in the process...
Mayor Suarez: Did they have the light on? That's what we are talking about.
Ofc. Shannon: No.
Mayor Suarez: How would having the light on have helped that situation?
Ofc. Shannon: It's just a protection of the police at night if they are
driving around in an apartment complex or something like that and they see a
light back then they can go back and investigate and make sure that this
companies aren't just yanking these things out of the book.
Mayor Suarez: If it is while the car is been towed is that the requirement?
No problem with it, no problem with it. What else?
Mr. Mykytka: Mr. Mayor, also in response to his question, if the towing
truck violated the law by what they did what she said they violated, then it
should do something by the towing service, we have laws on the books now.
Let's enforce the laws we have and they're not being enforced.
Mayor Suarez: What other provision do you think or in consecutive listing
ordinances or otherwise problematic to enforce other than yellow light ...
Mr. Mykytka: The storage rates are below with the City charges for its own
impound.
Mayor Suarez: What's the storage rates again?
Ms. Leiva: Ten dollars.
Mayor Suarez: Ten dollars after twenty four hours?
Mr. Plummer: Six, isn't it?
Mr. Mykytka: The City charges, State law and the City permits towing service.
Mayor Suarez: For the basic car, I mean the normal sized?
Ms. Leiva% It's ten dollars per day for a normal size car at with the first
twenty four hours free. This is a compromise that you arrived at the last
meeting.
Mr. Mykytka: No, what is the City right now, what is the City contract call
f or?
Mr. Fernandez: Twelve dollars.
i Mr. Mykytka: Bight dollars....
Mr. Plummer: Twelve dollars for storage per day after how many hours?
Mr. Mykytka: For six hours.
Mayor Suarez: Do you want to make it conform to the City contract. _
Mr. Plummer: Why would we make it any different for this?
Mayor Suarez: Do you want to make it twelve dollars after six hours, first
six hours free, conforming to the....
Mr. Plummer: Well, yes, that's fine with me to make it uniform, 'but yr.'
Mayor, my concern has been and continues to be six hours after what? Is It
six hours after notification, is it six hours after the pickup?
Mayor Suarez: Pick up, it's got to bet y
R
59
Jpauar,5 '
+ a ein.
0
Mr. Piusaar2 Veil but you see here again we are only speaking to regulating
the unscrupulous people. Now, the question I'm asking is, is that six hours
after notification?
!Mrs. Kennedy: Teo, I would may or after owner has been notified.
Mayor Suares: No, I'm sure it is six hours after pickup because notification
sometimes takes quite a while, I mean, sometimes you don't even know how to
notify the person.
Mr. Mykytka: Notification to the Police Department..
Mayor Suarez: OK. You are talking about...
Mr. Plummer: No, no, of the guy comes to get his car..
Mrs. Kennedy: Owner notification.
Mayor Suaraz: Does the ordinance provide for notification to the Police
Department every time a private towing is done?
Mr. Mykytka: No, sir, does not.
Mayor Suarez: Wait... you are not City Attorney yet.
Ms. Leiva: That's require by the State statute.
Mayor Suarez: Simultaneous with the pickup?
Ms. Leiva: Upon pickup they have thirty minutes to call in.
Mayor Suarez: All right, what how about then, the Commissioner Plummer makes
six hours after notification to the Police Department.
Mr. Plummer: But what about the poor guy who is paying the tab?
Mr. Dawkins: Well, at least he can call the Police...
Mr. Plummer: How does she can notify where car is?
Mayor Suarez: At least he can call the Police Department if his car is not
—
there and find out if have been towed because the notification should been
made. Otherwise, if that notification isn't there and they can't prove it,
then they can't charge the money, presumably and he has the right to a civil
_
suit to recover from the company, that's the only way we can do it.
—
Ms. Leiva: Also, if I may make the correction is not six hours, but is twelve
—
hours.
- Mayor Suarez: Twelve hours.
=
—_--
Mr. Plummer: On the City Contract..
i Ms. Leiva: On the City Contract.
=_
w_
Mr. Plummer: Whatever the City contract I think is fair here.
_ Mayor Suarers Yes, we should make it conform to the City Contract.
Mr. Plummer: OK, so that will be twelve dollars after the first twelve hours.
Mayor Suarez: You know, we are trying to help you here, I mean...
Mr. Mykytka: No, I understand, but there is a correction that needs to be
made. The State Statute says that if you are going to tow a private property
vehicle, you are required to notify the municipality within 90 minutes after
a
you tow it.
Mayor Suarez: That's what they said?
Mr. Mykytka: Well, they said no, they said immediately. h
�'
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60 44
7
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Mayor Suarez: Within 30 minutes, he said.
Mr. Plummer: Within 30 minutes.
Mr. ro rnandez: Within 30 minutes.
Mr. Plummer: No, I heard 30 minutes.
Mr. Mykytka: Well, I heard her say immediately, I beg your pardon.
Mayor Suarez: Thirty minutes. OK, any other provisions that you think...
Mr. Mykytka: I believe we can live with that, sir.
Mayor Suarez: Do you want to try for that?
Mr. De Yurre: One question that I have, and it came up last time. As far as
charging the rates, do we just go on a basis of per hour, or do we go on a
daily basis, because somebody made the statement that if a car gets towed at
11:00 o'clock at night, and the clock starts running, that's one day right
there and even if it is picked up within twelve hours, you get charged for two
days.
Mr. Mykytka: Yes, the City contract I believe, is what basically the State
law, the State law says that you cannot charge for storage until after the
first six hours and as the City contracted wrecker, anything more than six
hours prior to 12:00 o'clock midnight is one day. Anything after, or in
between that 6:00 o'clock to 12:00 o'clock is not considered one day, and this
is, we are going by what the City drew up as a contract.
Mr. De Yurre: I want to have something that avoids the situation, where when
you get hit twice, because it happened at night, it happened just before
midnight...
Mayor Suarez: It's a last...
Ms. Leiva: That issue was discussed during first reading and upon compromise
between the Commissioners and the individuals that were here at that time,
representing the towing industry, it was decided that it wouldn't be based on
calendar and not portions of days.
Mayor Suarez: Right. It's after 12 hours, then they can charge per... the
first day any portion of the 24 hours after that, but then they can't
charge... I think that's what the Commissioner is getting to, they can't
charge until at least another 24 hours has elapsed and you begin another
calendar day.
Mr. De Yurre: So I want to make sure if they are going to charge it's a day
equals a 24 your period. I don't want two days to come in somehow into less
In that period of time, so you charge the per day is for every 24 hour period.
■
Mr. Mykytka: I can live with that, it is just that we need to make sure it's
put down in there the way you want it written...
Mayor Suarers We are defining a day as 24 hours.
Mr. Mykytka: ... right, because if you go on a calendar day, and you don't set,
a time limit, you'll end up having the towing for two days still within the 24
hour period. It has to be written correctly.
Mayor Suarez: Right, that is what he is trying to.
Mr. Mykytka: And it is very, very hard...
7
Mr. De Turret I'm saying you can only charge once per every 24 hour period.
Mr. Mykytka: OK, right, I think we can live with that.
Mayor Suarez: OK, here's the hypothetical. To pick up.a car at 11:00-,901ack
in the morning and notify it, after 12 hours you can begin charging, right?',-
So it's now 11:00 p.m. You charge for that 24 hour period and the guy ,comes,
to pick up the car at 2:00 o'clock in the morning the next day, do you get to
}
charge for two days? - or do you only get to charge for one day?
yr
•
01
ZahUary -2 0. '
Mr. be Turret That's the anal► We been done.
No. Leiva: That's the problem that has been in existence now, but that's
what...
Mayor Suarez: I've just defined the problem with a hypothetical. Now we used
an answer.
Ms. Leiva: No, that Mould be only one day.
Mayor Suarez: One day.
Me. Leiva: One 24 hour period.
Mr. Mykytka: Based on a 24 hour period from the initial time it was brought
In, retroactive back.
Mayor Suarez: All right, so it is not calendar days. It In 24 hour periods
after the first 12 hours.
Mr. Plummer: Is that uniform with the City contract now?
Mr. Mykytka: No sir.
Mr. Plummer: Why would it be any different?
Mayor Suarez: They probably do it by calendar days.
Mr. Plummer: Well, hey, I think what we're trying to say is in effect that
our City contract is fair, and why would we deviate from our City contract if
it is not the same?
Mr. De Yurre: I never said it as fair.
Mayor Suarez: Well, we've probably did it on calendar days because it is easy
to administer, you know, and we just didn't...
Mr. Plummer: Well, you know...
Mayor Suarez: As long as they have to wait 12 hours, most people, a good
percentage of people pick up their cars within that first 12 hours.
Ms. Leiva: I've been informed that the City contract that we have now states
that it starts counting at 12:01, based on a calendar day.
Mayor Suarez: Yes, wall, it's just that it's easier to administer for them,
really, frankly, after 12 hours.
Mr. Plummer: Well, I would be in favor of whatever the present City contract
Is now, would be the same applied here. I don't see why you would do anything
differently.
Mr. De Turret Well, if we got a better situation, we can change the other
contract. You know, just because it's in one contract,
the City contract, =_
doesn't mean that it is the best way to go either. I
just don't want to turn
It into a situation where you get hit twice within
a 24 hour period for a
storage charge.
Mr. Plummer: But it is sure a hell of a lot easier to
administrate one policy
than it is numbers of policies.
Ms. Leiva: You can make that recommendation and we
can work on it and make {
both contracts consistent.
x,
Mayor Suarez: Well, we... yes, as the Commissioner
is saying too, we don't
want to be changing the ordinance every time that we
are here' on a different r
situation. You know, if they have to wait 12 hours,
Commissioor, you'4re .
going to catch most of them without having any charge
and after that calendar;., f
. daY, ' you know...
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Mr. Dawkins: What do you call that truck that the tail end goes down and a
ear comes on it and you bring it up?
Mr. Plummer: Flat bad.
Mr. Mykytka: Completely on top of it, or just to the...
Mr. Dawkins: Completely on top of it, all right, a fiat bed, a dolly,
whatever. What is that thing where the thing comes out in the back and you
hook the wheels on it? What do you call that?
Mrs. Kennedy: Under reach...
Mr. Mykytka: Wheel lift vehicle, yes.
Mr. Dawkins: Wheel lift? All right nov, does the $55 charge stand... I need
to know for my Commissioners up here, does the $55 charge mean that it is for
a dolly, a flat bed, or anything, that there is no special charges, that it is
$55 flat, is that what we are saying?
Mr. Mykytka: That's right.
Mr. De Yurre: That's right.
Mr. Dawkins: Nov if you hook it up to a dolly, that's your problem, it's
still $55. Is that what we're saying?
Mr. De Yurre: If they tow it.
Mr. Fernandez: No, no. There are categories...
Mrs. Kennedy: Yes, it is tow wrecker, it's a flat bed wrecker, or a weight
lift wrecker.
Mr. De Yurre: The categories are per size of the vehicle towed, not per the
vehicle that is used to tow.
Ms. Leiva: Exactly.
Mr. Dawkins: Say what now? I
Mr. Fernandez: No, no, the vehicle that is used to tow it, it's the towing
vehicle that is constituted into a class.
Mr. Plummer: But the question Dawkins asked, is it $55 for all of the those
classes?
Mr. Fernandez: No, it isn't, it varies.
Ms. Leiva: No, under section 4280 we have the towing rates per wrecker class.
Mr. Davkinss Well how can you have a minimum price...
OK, you see, well then
you are whistling in the dark. How you can you have a
minimum and then tell
me that that's just for this... this I mean, come oni
Mr. Plummer: What does the City contract call for now?
Mrs. Kennedys Ton wrecker, flat bi+u wrecker and cradle
lift wrecker.
Mr. Plummer: But are they all the same price?
Mrs. Kennedys $55...
Ms. Leiva: No, there's different prices, depending on
the type wrecker that
they are using and that they have to use.
-
Mayor Suarers OK, and the assumption is made and we have to be sure that the.
assumption In valid that the different kinds of wreckers are only used, the
more expensive ones for situations which there is no
May to use the simple
wrecker. Are we assured with this ordinance that that
at least generall is
the scheme of the ordinance?
t
Jaau�y?,' x;
!lei. Leiva: You.
Mr. Odic: Well, vhat is used, just because...
Mr. Plummer: Who makes that determination on a private property?
Mr. Joe Cristo: Commissioner Plummer, I believe what you are trying to may is
that your set price of $55 is going to be for small care and trucks. Your
next increment is going to be for medium sized vehicle which is going to be
becessary to use a larger truck. The highest increment is going to be for the
bigger tractor -trailers.
Mr. Dawkins: OK, now what you are saying to me then is that if I got a
Toyota, a Corvair, those little cars, that's $55.
Mr. Craton For a car and small vehicles.
Mr. Dawkins: Nov, if I've got what they consider the mid -sized car, what is
It, what is the maximum?
Mr. Crato: That would be a class A charge, which would be $55.
Mr. Dawkins: No, no, I'm talking about... hold it air. Let me get through
over here.
Ms. Leiva: Class A would be $55.
Mr. Dawkins: All right, name the class A vehicles.
Mr. Odio: You know, Mr. Dawkins, you...
Mayor Suarez: Yes, I think class A includes most cars, doesn't it?
Ms. Leiva: It includes most cars.
Mr. Dawkins: All right, what doesn't it... well, all right, what doesn't
class A include? See, you all don't know if you got to go another way?
Mrs. Kennedy: OK, why don't you say it simpler.
Mr. Plummer: I understand that.
Mrs. Kennedy: Class B, here it is, it
is a one and one-half ton wrecker,
class C is two and one-half ton wrecker.
Mr. Dawkins: But I'm not interested
in a wrecker, Commissioner, I'm
Interested in my car that's being towed.
Mayor Suarers How big a car does it have
to be before we envision that they
will have to use a larger wrecker?
Mr. Howard Lichtman: Three-quarter ton or
higher.
Mr. Odio: But the problem with that, Mr.
Mayor, is that it would not be able
to... suppose they tow my car and I have BMW...
Mayor Suarers I understand. We are not
going to change the ordinance. I'm
just trying to see what situations we contemplate
to use that bigger wrecker
for.
Ms. Leiva: Three-quarter ton vehicles are
not going to flat beds'.
Mayor Suarez: Three-quarter ton vehicles?
�a'
Mr. Mykytka: It's for a moving truck.
F
Ms. Leiva: Trucks.
!
P
Mayor Suarez: OK, all vehicles weigh more than three guarter`'t9As,",fps
about,unless you give me • motorcycle.
Novi, what'" ars"'ae t1ilk
here? - somebody that knows.
64
OR 53r k i
3<J1 0.
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Mr. Crates All automobiles can be towed with a regular wrecker. A class b
wrecker should be used for trucks, light motor homes, stuff like that.
Mr. Plummer: Hold on, how much is the charge for a flat bed wrecker?
Mr. Craton City of Miami?
Mr. Plummer: Yes.
Mr. Crato: Contract rate's the same, $55 as per...
Mr. Plummer: And what is it proposed in this ordinance?
Mr. Crate: I don't know if they've touched on that.
Mr. Fernandez: It is $55.
Mr. Crato: it would be $55.
Mr. Fernandez: If you see classes A, D and 0 are $55. Now, class D is the
flat bed wrecker.
Mayor Suarez: In what situation would you need to use a flat bad wrecker?
Mr. Plummer: Certain cars require it.
Mr. Crato: Exotic cars, with spoilers, Corvettes, you know, any...
Mayor Suarez: Oh, you mean something that's very low to ground because the
owner has built in little features?
Mr. Craton Yes, right, they had put the spoilers on them or they had plastic
front ends.
Mrs. Kennedy: Which is the one and half ton wrecker.
Mr. Dawkins: Yes, but, what's the cost? I don't say no more.
Mrs. Kennedy: $65.
Mr. Dawkins: But you see, it doesn't say that. You see, you got a Porache,•
you.got these expensive cars, you don't want to put it on a flat bed. But
when you put it on the flat bed, don't tell me it's $55.
Mayor Suarez: And it is not all cars now. We've just clarified that there.
i
are certa n cars very low to the ground that are going to require a flat bed,
and I have a feeling the owners are going to wish that used the flat beds for
them and they are going to be willing to pay the extra $10 so that car is not
picked up by a normal wrecker that wrecks it really well.
Mr. Crato: Well that's what we have to watch.
Mayor Suarez: That's a great name by the way, wreckers, you know what I mean?
Mr. Crato: What Commissioner Dawkins is saying, is in the towing industry
they have very creative minds. You might be able to put down a $55 flat rate,
but I think you ought to get into the additional charges of unlocking
transmission linkage and dollies.
Mayor Suarez: We have a very creative Commission and if they get very
creative, I guarantee you we'll be back here looking at their practices.
Mr. De Yurre: Vell, I have a concern. My understanding had been that it
depended on what was being towed as far as size of what was being towed, a
van, as compared to a four -door regular automobile, that if you are towing a
truck, then there is an extra charge not what you are using to tow with but
4=
what you are towing.
!layer Suarez: Well, there is
a correlation
there.
1 x
If,you have s:cart_#et`_P
very low to the ground, and
it's a sports
car,
it sounds like you can., i
without wrecking the spoilers
and bottoms out of
the car, your Are Sol"
have,to use a flat bed, you can't pick it up
on its
and. u,<
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Mr. be Yurre: Fine, but what's the difference? I mean like...
Mayor Suarez: $10.00 difference, I mean that's going to cost a little more.
Mr. be Yurre: Well, that's why we are giving them an extra $S.00.
Mayor Suarez: Exactly.
Mr. Crato: They would the dollies on it, and the flat bed, you'd have to drag
It up, you'd have problems.
Mayor Suarez: You know really, frankly, the kinds of people that own those
cars are going to be happy to pay the extra $10 to have it put on a flat bed.
Mr. Mykytka: Mr. Mayor, can I make a suggestion? It might help out. As the
City does now with their contracted wreckers, if there would be a way be able
to document the time used to permit a labor charge for the amount of excess
time it would take to pick these vehicles up, if it took an extra fifteen
minutes, or thirty minutes which could be documented on the receipt, then...
Mayor Suarez: The regulatory scheme...
Mr. Mykytka: ... let them set down a labor rate.
Mayor Suarez: The regulator scheme that we have is about as good as any, I
mean, allowing an extra $10 for having to use a flat bed, if we find that you
are misusing flat beds and we get all kinds of complaints, I guarantee you
that we'll be back in here redoing the ordinance. Is it in line with the City
towing situations or not?
Mr. Fernandez: Yes, it is.
Mr. Mykytka: Well, also, Mr. Mayor, with this ordinance, if he finds that
somebody is violating the ordinance, then enforce it. Have Record Detail go
after them and fine them. We've set down with fines in here. That's what we
need, is enforcement of the laws we have. If we can get more enforcement of
these laws, we'd have less problems with the industry.
Mayor Suarez: Well, if we are able to charge an administrative charge, we'll
have a little bit better ability to enforce it too, you know, because we'll
have some more funds to have officers that can go out there, or some
administrative personnel, or somebody, Commissioners, I don't know. But you
are right, if we don't enforce it, that means that only the good ones are
going to be bound by it and the bads ones are going to keep doing their own
thing out there. Although people do have a private cause of action if you —
violate an ordinance like this and they can sue back for their money.
Commissioner, are you satisfied? It's $12 per day, the same, in line with the
City ordinance and 12 hours, up to 12 hours? If you have problems with the _--
flat beds, we can always...
Mr. De Yurre: No, we are talking about then, it's $55, the regular situation
Is $55, $5 going to the City. If we are talking about using a flat bed, then
what is it going to go up to, $60 then?
Mr. Fernandez: No, no, a flat bed continues to be $55, Mr. Vice Mayor. Class
A is a one ton wrecker, that's $55. Class D is a flat bed wrecker that's also =
$55, and class 0 is a cradle lift wrecker that's also $55. The use of any of
those three vehicles in towing In all the same price.
Mayor Suarez: Which is the one that's different then, or higher?
Mr. Plummer: A heavier wrecker. k.
Mr. Fernandez: And then...
Mrs. Kennedy: Class B, which is one and one-half ton. k'n
Mr. Fernanders Class B is one and one-half ton, and that, the fee, for that Is
$65... k —
r
Mayor Suarez: What do you envision using that for?
..
66
f
c.
Mgt. Forsabdez: For vehicles that weigh one and one-half tons or more.
Mayon tuaress More than 3,000 pounds.
Mr. ireruandes: Right.
Mrs. Kennedy: And than class C...
Mayor Suarez: Like Commissioner Plummer's car.
Mr. Plummer: Whoa, whoa, maybe a hearse, but not my Carl
Mayor Suarez: The Cadillac.
Mr. De Turre: Then you are talking about...
Mrs. Kennedy: And than class B and class U, they are the heavier one* and
that's how such?
Mr. Fernandez: $90.
Mrs. Kennedy: $90, OK.
Mayor Suarez: And Commissioner Kennedy's car.
Mrs. Kennedy: Yes? Close, the tank.
Mayor Suarez:
Sbe's got that LTD. I think it gets... well, if you; have a
tank, that's awful close to 4,000 pounds.
Mr. Plummer:
I'll pay them $90 to tow her car right now.
Mayor Suarez:
They'd dump it in the rivers
Mrs. Kennedy:
We're neighborsl _
Mr. De Turre:
OK, of those amounts of $90 and the $65, $5 goes to the City
and the balance goes to the company, is that correct?
Mr. Fernandez: Well, my understanding so far is that only .in, thosa
categories, categories A, D and O, of the $55, $50 goes to the wrecker and $5
goes to the
_
City and the other two instances, you have not made. a —
determination
of what the service fee will be.
Mr. De Turre:
Why would it be any different? —
Mr. Plummer:
OK, service fee would be applied to any category.
Mr. Fernandez:
Fine, OK. So in the other events, in all events, it Mould be
$5 for administrative charges.
Mr. Dawkins:
What's the other two classes?
Mr. Fernandez:
Class a...
- Mr. Dawkins:
No. no, you say A, n and O is $55. What's the,other� 7. .
A
. Mr. Fernandez:
A, D, as in David, and O is $55.
d
Mr.. Dawkins:
All right.
Mr. Fornandess
Class 8 is one and one-half ton wrecker used, that's
Mr. Dawkins:
$65. r ,
V
Mr. Fernandez:
And then class C and u is for.... _ sl4as C Is for twro "d
halt tons and
class U is for specialty, In an under reach wreck�er�
Mr. Dawkins:
These two are $90. f
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Mr. Fernandez: Yes, C and U.
Mr. Dawkins: Nov, what is the flat bed? There is a flat bed...
Mr. Fernandez: The flat bed is $55.
Mr. Dawkins: Don't care what you put on it.
Mr. Fernandez: That's right. If it can be carried in a flat bed, the reading
of this ordinance is that it's being towed with a class D wrecker, which is a
flat bed and then they can only charge $55.
Mrs. Kennedy: Are you finished, Commissioner? You mentioned administrative
fee. How about failure to pay the administrative fee?
Mr. Plummer: Put them out of business.
Mrs. Kennedy: What penalty do we give them?
Mr. Plummer: Put them out of business.
Ms. Leiva: Penalties are on page three, and we have several different
penalties for any violation of the ordinance and it's on a repeat scale.
Mr. Plummer: Public beheading, public flogging, taking their bank account.
Mayor Suarez: Putting their name on the big boards that say who has done.
Mr. Plummer: Make them have two wives instead of one! That's the worst
punishment any man could have!
Mr. Lichtman: If one of you gets stuck on Dixie Highway
one or two o'clock in
the morning, you'll be happy to see a wrecker.
—
Mayor Suarez: You did put your name on the record, did
you not, so that we...
Mr. Lichtman: Not yet, I'm waiting patiently.
Mayor Suarez: Please go ahead.
Mr. Lichtman: My name is Howard Lichtman, I'm the
president of Midtown
Towing, 261 NW 74th Street. I feel that this ordinance In arbitrary,
capricious, and without basis and need to the public
welfare and I would
rather stand in the middle of the James E. Scott housing project and give out
food and clothing to the people that live in this County
that can't afford it, _
_ than give a $5 kickback to the City of Miami. That's all I'd like to say.
Mr. Plummer: It's not a kickback. I mean, why are
you terming it as a
- kickback?
Mr. Lichtman: That's an administrative fee.
•
Mr. Plummer: Sure, and the only reason we're regulating
and putting
administration is because...
- Mayor Suarez: One man's kickback is another man's administrative charge for
City purposes. Do we have anything further on this,
_
Commissioners? I'll
entertain a motion on a second reading.
Mr. De Yurre: I'll move it with the changes that have been proposed here
today.
Mayor Suarez: Second?
'f{
�1f`2.
11
Mr. Plummer: Second.
v9•'
Mayor Suarez: Second. Read the ordinance as amended.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO' THB PUBLIC
RECORD, BY TITLE ONLY.
Mr. Dawkins: Mr. Mayor, before we vote.,
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1
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6897,
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Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Now are you going to police this to insure that you catch the
,violators?
Mr. Plummer: Mostly by complaints, I would assume.
Mr. Dawkins: Well, we hear somebody over here.
Mr. Crato: I think once the public gets the knowledge of what they are
allowed, what the towing services...
Mr. Dawkins: Now are you going to efteate the public as to what as to what we
are talking about so that they can be knowledgeable?
Mr. Crato: Well, just through what we have been doing here today in the last
meeting, has been brought to a lot of people's attention and I think that the
towing services should like we have, posted the paper clippings in our office
so that they know what they are going to be charged for and they'll benefit
themselves by going to the Police Department when they've been overcharged and
the police can take it from there.
Mayor Suarez: Yes, we appreciate your helpfulness, but let's see if we get
staff to answer some of the questions. And put your name on the record too
please, so we can identify the voice.
Mr. Crato: Joe Crato, Southland Towing.
Mayor Suarez: Thank you.
Mr. Dawkins: Now that they have done all this for free, let me hear somebody
that knows something.
Mayor Suarez: You can send us a bill for your advice and...
Mr. Odio: It might be a good idea, Commissioners, that we amend the
ordinance, this one or the other one we had. We require that the signs that
say, tow away zone, posted, that they post a minimum charge in there and the
telephone number.
Mr. Dawkins: Why not have somebody in your information department, go to the
TV stations, the radio stations and other places and get public service
announcements and let the total community know.
Mr. Odio: We could do both, but that way, see when your car is towed is when
you worry about towing and...
Mr. Dawkins: No, I worry before I get towed, see, and if I know, if I've seen
in a public service announcement on TV, if I've heard it on the radio that
these are the fees, then I can look for the sign to read. I'm just... I don't
know!
Mr. Plummer: Well, you know, I like the idea of the sign, OK? The sign states
that towing, your vehicle being towed from this facility will cost you a
minimum of X dollars. Let me tell you something. One of the things that's
trying to be accomplished here is the fact of a man who has a business with
parking lot that other people are in fact utilizing his parking and he doesn't
have it for his own business and that's why I think that this thing comes
about. Now, if you have a sign in the front of that lot that says, you know,
tow away zone will cost you a minimum of $55, that might help that individual
to keep his lot for his customers rather than for everybody in the world,
Mr. Dawkins: OK, that's good, I mean I agree with you, but whatever it was, '
Proposition 11, or whatever, says that that sign that you are going to put u
a Nicaraguan just got here can't read it, but Channel 23 and 51 might put'3t
In his lingo where he understands it.
Mr. Plummer: Well, do both.
Mr. Dawkins: OK, no problem.
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69
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Ms. Lichtman: Fxcuse me, are you saying that the people, the tow away company
that has their sign up on this private property, wherever we are contracted
to, must put this sign up with the prices?
Mr. Plummer: With rates, establishing...
Me. Lichtman: Well, OK. Commissioner Plummer, that's another thing now, what
you are going to cause all the signs that I did buy and I have to pay for,
which I give free of charge, does that mean I have to go order more signs and
pay double because the signs I have now are not standard anymore?
Mr. Plummer: We'll give you 90 days.
Ms. Lichtman: Did you know the prices of the signs, every time I order them?
Mr. Plummer: I have no idea, my dear.
Ms. Lichtman: That's another cost on our part. That's you know, another cost
on us. I am quite sure that the people are well aware, because if they come
to my window now, they ask me already, is this law in effect and I feel, you
know, if somebody don't comply with the law after you all pass it, then
that's...
Mr. Plummer: Well, you don't have to make a new sign, all you have to do is _
to make an add -on.
Ms. Lichtman: Well, our signs have to be...
Mr. De Yurre: Let me tell you, the problem with that, that I see that, if you
are going to define $55, is if you are a particular kind of car. They'd have
to define the whole ordinance.
Mr. Plummer: No, no, the wording was a minimum of $55.
Mr. De Yurre: I think the experience with getting cars towed is way more than
855, so they know it.
Mr. Plummer: Let me ask one other question before we take this vote. Mr.
City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Plummer: Does the City have the right at all times to go in and audit
their books?
Mr. Fernandez: Whose books?
Mr. Plummer: The wrecker service.
Mr. Fernandez: Not theirs, we don't.
Mr. Plummer: Well, how would we know whether or not they are legitimately
charging if we don't audit their invoices?
Mr. Fernandez: They are a private concern and we're not in a contractual
relationship at all.
Mr. Plummer: It is not a matter of that. It's a matter if we are going to
put forth a set of rules.
Mr.
Fernandez: Yes?
Mr.
Plummer: And
as Commissioner Dawkins says, how are you
going to monitor
it,
if you don't have
the right to audit their books?
-
Mr.
Fernandez: On
the basis of complaints. It would be the
only way that the
City would have of
knowing when they are committing abuses.
No.
Leiva: Also,
they must, within 30 minutes, by State law, call the Police
Department and log
in the serial number and tag of the car.
.
TO
Ja4u4ry i
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Mr. Plummer: That's not the point. The point I'm trying to make is, and I
may again, we are addressing the unscrupulous operators. Unless a complaint
is received, that's the only way you are telling me that you are going to
monitor. Whereas, if we had the right to go in and spot check their invoices,
would be a system of monitoring. Do we have that right? That's what I am
asking.
Mr. Fernandez: No, we don't. We ask them and if they voluntarily give it to
us, and we'll have it.
Ofc. Shannon: We can, since they are licensed by the City, have a private
property towing license, we can go in and check their log books and make sure
they're conforming to that particular ordinance.
Mr. Plummer: Well, he's saying no.
Mr. Fernandes: Well, no, no. One thing is to check the log books which
amount to legal documents, because that's where they record it, and another
thing is to get into their finances and look into their accounting practices.
Mr. Plummer: Let me rephrase the word. Maybe we are hung up on semantics.
Do we have the right to go in and inspect individual invoices?
Ofc. Shannon: We haven't had any problems in the past, if we asked to request
a particular invoice to check the prices on it.
Mr. Plummer: But do we nave the right to spot check? I mean, you know, I
understand, you can make all the laws in the world, if there is no monitoring —
or enforcing, you've wasted your time, and I don't know of any other way to
monitor it.
Ofc. Shannon: The Law Department says no, I'm saying we've done it before.
Maybe it is against the law, I don't know.
Mr. Fernandez: No, no. We may be entitled to ask them to produce for us
documents that have legal repercussions. If a document is being used to prove
the identity or the ownership of a :ar and they have taken the bin numbers, or
what have you, we may have a right to do that, but we do not have a right...
Mr. Plummer: How do we know whether these rules which we are about ready to
set are going to be monitored and enforced?
Mr. Fernandez: The same way that any legislative body has of finding out when
any rules they past have been broken, which is by the process of you know,
complaint, finding, arresting.
Mr. Plummer: We are wasting our time.
Mr. Fernandez: Well...
Mr. Plummer: We are wasting our time)
Mr. Dawkins: I agree.
Ofe. Shannon: If a victim comes in and calls the office and complains, we'll
go out and investigate that complaint.
Mr. Plummer: Yes,
but Joe Tourist comes down here, he has no idea what the
-
rules are, he is in
a hurry to get back to that airplane, he's going to pay
and get out. Now,
I think if we're going to have rules, there has got to be
some way of monitoring,
and I don't accept it just because of complaints. I
—
don't think that in
adequate monitoring. That's my personal opinion.
-
Mayor Suarez: A lot of people will file in Small Claims Court and I think
that it's better to
have the regulations and the potential for fines, then not
having anything and
that's what we are doing.
_
Mr. Plummer: Oh, I
agree with that, yet I don't think we've gone to do the
customer protection
that we're advocating that we are trying to do. '
Mayor Suarez: No,
we don't want to give the impression that we solved the
whole problem, but
we also are giving them the ability to self -regulate,
r;
71 January 12, 19$9
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bdtausa there than is no antitrust effect if they regulate people's followings
toopany's following this ordinance and you know, do the usual listing of the
ones that are violators and that helps too.
Mr. Odioe You know, when your car gets towed, you have to go through their
office to pay. We should demand that they post on the walls, the prices.
Mayor Suarez: Would you bring that back in the form of an ordinance too?
Mr. Odio: That? OK.
Mayor Suarez: Do we have a motion and a second? Any further discussion?
Read the ordinance. Did you read it already?
Mr. Fernandez: Yes.
Me. Hirai: The ordinance was read, but we need to call the roll, Mr. Mayor.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE",
ESTABLISHING MAXIMUM TOWING AND STORAGE RATES THAT MAY
BE CHARGED BY BUSINESS ESTABLISHMENTS ENGAGED IN THE
PRACTICE OF RECOVERING, TOWING, REMOVING AND STORING
MOTOR VEHICLES WHICH ARE PARKED ON PRIVATE PROPERTY IN
THE CITY WITHOUT THE PERMISSION OF THE OWNER OF THE
PRIVATE PROPERTY HAVING BEEN GRANTED FOR SAID PARKING;
PROVIDING FOR THE METHODS OF PAYMENT THEREOF;
ESTABLISHING THE TOWING AUTHORIZATION PROCEDURES AND
SANCTIONS FOR FAILURE TO COMPLY THEREWITH;
ESTABLISHING THE STEPS TO BE FOLLOWED IN THE COURSE OF
TOWING VEHICLES; ESTABLISHING LICENSE FEES MORE
PARTICIULARLY AMENDING CITY CODE SECTIONS 42-74, 42- -
76, 42-78 AND 42-79 AND ADDING SECTIONS 42-80 AND 42-
81; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDNG FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of December 15, —
1988, was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr. _
Commissioner Rosario Kennedy
_ Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
_ Mayor Xavier L. Suarez
NOES: None. 4 ,
ABSENT: None. to
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: As amended, yes. .'
a
Mayor Suarez: Yes, as amended. r_
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10537.
The City Attorney read the ordinance into the public record and x
announced that copies were available to the members of the City Commission and N_
to the public. }.
Mr. Plummer: Mr. Mayor, I would like to make a motion at this time that the
City Manager be instructed to come back at our regular meeting in 8ebruary,Lo A'
Justify the reason why he does not turn this service over to the Department `o
Building Vehicles, GSA.
72.
i sR �n3
Mayor Suar6st So moved.
Mr. bawkiest Second.
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll. Show cause.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 89-25
A MOTION INSTRUCTING THE CITY MANAGER TO JUSTIFY TO
THE CITY COMMISSION (NO LATER THAN THE FIRST MEETING
IN FEBRUARY) WHY THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION COULD NOT BE ASSIGNED THE
RESPONSIBILITY OF MONITORING THE RECOVERY, TOWING,
STORING AND REMOVAL OF MOTOR VEHICLES WHICH ARE TOWED
AWAY BY PRIVATE HAULERS WHEN PARKED ON PRIVATE
PROPERTY ILLEGALLY.
Upon being seconded by Commissioner Dawkins, 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.
Ms. Lichtman: One more question. When does this ordinance go into effect?
Mr. Plummer: Thirty days from today.
Mayor Suarez: Thirty days from the second reading, which means 30 days from
today.
Mr. Dawkins: 30 days from today's date.
Ms. Lichtman: I thank some of you Commissioners and the Mayor and staff for
listening to us anyway, and for answering our phone calls and being a little
bit interested.
Mr. Plummer: Excuse me, let me publicly apologize to you. I had promised to
meet with you on two different occasions and my business demanded my time and
I could not, and for that, I apologize.
Ms. Lichtman: If there is anything I can do to help the City, if you ever get
stuck, if you need any help, bringing food or clothing to the foreigners that
are going to be coming to South Miami, my trucks, my flat beds will be willing
to load up and to come down and help. Thank you. —
Mayor Suarez: Yell, we probably will take you up on that.
Mrs. Kennedy: Yes, we will.
fY•
I
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21. A - MIAMI CITY BALLET: Allocate $5,000 in support of Miami City
Ballet - recommend that Greater Miami Host Committee grant $15,000 to
said organization. B - Discussion concerning City ads in newspapers.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner.
Mr. Dawkins: Item 70, the gentlemen has got to go to West Palm Beach
somewhere to do a performance. Can we hear 70? It is a simple you or no, in
My vote. Mr. Steinberg.
Mr. Mark Steinberg: Yes, Commissioner Dawkins.
Mayor Suarez: It is not Miami City Ballet related is it?
Mr. Dawkins: Yes.
Mr. Plummer: What is the recommendation of the Administration? Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Plummer: Item 70.
Mr. Dawkins: What are your recommendations on 70, Mr. Manager?
Mayor Suarez: The Chair recognizes the renowned ballet star, Edward Valela.
Mr. Odio: We recommend no funding, based on the no funding policy. They will
receive $15,000 from the City festival ordinance and they have received
funding through the City festival ordinance in the past, so you already have
$15,000 that you received from festival ordinance.
Mrs. Kennedy: Well, I think that the Miami City ballet has proven to be a
success in its three years of existence. They act as ambassadors to our City.
I look in the back up material, and the County has given them $34,00.0.:the
State has given them $51,500, plus $400,000, Miami Beach, Broward County,
everybody has given them money, yet they bear the City of Miami's came.
Mr. Odio: I have to stress, Commissioner, that we are out of funds, you know
our Contingency fund is depleted, that we had a tight budget, that we are
trying to hold the line on taxes and we just cannot fund... this is a
Institution, and all that, but we just don't have the money. great.
Mayor Suarez: What is the City of Miami Beach's support level?
Mrs. Kennedy: $55,000. k-
Mr. Plummer: Well of course, they have the VCA, they have their pxa fudin
Mr. Odio: They have.... (INAUDIBLE STATEMENT)
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= Mr. Plummer: Exactly.
Mr. Odio: Their own bed tax money.
Mayor Suarez: Oh, you mean they are contributax? tiio
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Mr. Plummers Oh p
hall yes. q x
Mayor . Suarez: Ohhbhh !' , r
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Mr. Plwomers That's two percent
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not .only ,lp bRd,
lucludin;` food and' beverage. w tt
!#r. Ptelubergs Mr. Ma oar, If ma *• a
y y dew, vord�r, r
festival funding# it was for d014 -*ome, sum"i pt6#44i?►
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doing anything down here in the summertime. That time our budget was
$200,000. Our budget is now $3,600,000 and I might point that that money is
spent in Miami. We did not bring in guest artists that come down and take the
money up to New York or to wherever else they are from. The type of publicity
that we've been able to generate for the City, because of the name of Miami
City Ballet, not only when we travel throughout the State, but also in New
York and Colorado, and Washington and Massachusetts and at Wolf Trap, is
publicity that you could not buy with any amount of dollars. We have been in
the New Yorker magazine with 64 page article. We've been in The New York
Times, The Chicago Tribune, The Atlanta Constitution. We have upcoming
articles on the front page of The U.S.A. Today, which will be out in a few
days and we'll be in Esquire, Town & Country. We're in many In -Flight
magazines. We are promoting the City of Miami because of our choice to use
the name, Miami City Ballet, but in order to bring the quality and the
reputation to the community, it takes money and we are asking you right now
for additional support to maintain that level of excellence that we have been
able to achieve. We have enhanced the quality of life for the residents of
the City of Miami, for the business people who come here to do their business,
and also for the tourists and I really would request your consideration in
this.
Mr. De Yurre: Do we have, Mr. City Manager, any funds that are used for
promotion, from actually from the City of Miami. As far as advertising and
things of that nature, aside from what we know, and the County and bed tax.
Mr. Odio: No, sir.
Mr. Plummer: Plus we established a policy of the $200,000 per year to go to
these kind of accounts, and you know, that was only established based on the
fact that we were going to stick to that rule and 20 percent is reduced every
year and another agency is added. You know, last year we had requested in
excess of $2,600,000, and basically every one of them were good requests.
Mr. De Yurre: Because I tell you, and I echo what Rosario was mentioning
before as far as them being ambassadors of the City of Miami. I was down in
Ecuador last year and they were down there at that time and you could see the
placards and the advertising throughout the City and it was the Miami City
Ballet.
Mr. Plummer: Have you made any application to the Tourist Industry Council?
Mr. Steinberg: To the tourist, from the Broward County Tourist Industry
supports us, but Dade County, we get our money from the City of Miami Beach,
which is through the Beach VCA.
Mr. Plummer: Right.
Mr. Steinberg: And that's the money that we get from that...
Mr. Plummer: No, no, from the TIC, George Kirkland and Company that have
46,000,000.
Mr. Steinberg: We have approached them, and they say no, that the money has
to come through the Miami Beach VCA, that why we're stymied, ano because our
name is Miami City Ballet, it has hindered us in fund raising in oth,jr areas,
because people say, why don't you call yourself the Ft. Lauderdale Eallet, or
South Florida, but they still do fund us, and the one that funded us with
$25,000 when our budget was 4200,000, on a decreasing level, we are not
getting $15,000 when our budget is $3,600,000.
Mayor Suarez: Let me... you are going to ask... Mr. Vice Mayor, I Just want
to, I'm curious, on the $100,000 that we are being asked to put in as our
contribution from General Funds into the Greater Miami Visitors and Convention
Bureau. Is that money set aside in our budget for 1988-89?
Mr. Plummer: Don't you touch that)
Mayor Suarez: Well, we couldn't have paid it, because we haven't signed the
new inter -local agreement.
Mr. Odio: Set aside for that, yes.
75 January 12, 1989
Mr. Plummer: Well, it's set aside, but Mr. Mayor, please let me caution you,
by doing that, you're jeopardizing $1,600,000 in other monies which we
negotiated out a deal that the City gets full access to that we did not
before.
Mayor Suarez: You are saying that by agreeing on a year to year basis, to
give them $100,000 from General Revenues, we are assured of getting 20 percent
of the total amount collected, even though 47 percent roughly comes from City
hotels and if we were in position of Miami Beach of doing our own collections,
all 47 percent will come to us.
Mr. Plummer: Oh, that's absolutely correct, except the State Legislative
mandate says you can't. That's the problem, you've got to have a separate
board.
Mrs. Kennedy: Mr. Manager, can you think of any other...
Mayor Suarez: State Legislature meets in April, can change its mandate.
Mr. Plummer: Oh, I don't have any problem with making that change.
Mrs. Kennedy: Any other sources of funding, Mr. Manager? Any other sources
of funding that we can get for them?
Mr. Odio: No, Ma'am, not that (INAUDIBLE STATEMENT).
Mrs. Kennedy: Partial funding, at least?
Mr. Odio: Really, we don't have it, and...
Mr. Plummer: Yes, and we got nine more months to go to say no.
Mr. Odio: They already received $15,000.
Mr. Plummer: I remind this Commission that the City of Hialeah sponsors one
festival a year. Because of that, the City of Hialeah just doesn't even have
the requests because it is known - go to the City of Miami with deep pockets.
Mayor Suarez: Did I hear are we supporting already the ballet to the tune
of...?
Mr. Odio: $15,000 through the festival ordinance.
Mayor Suarez: Does anybody want to move another $10,0007
Mrs. Kennedy: Yes, I'd be very happy to do that.
Mr. Odio: Mr. Mayor, let me repeat this. We are very tight, the budget was
tight and I'm still recommending that we don't do it.
UNIDENTIFIED SPEAKER: Mr. Mayor and Commissioners, allow us to say a few
words. I'd just like to say that number one, I am delighted to live here. I
lived all my life in New York City, but three years ago, before we opened, my
wife, my family and I moved down here to Miami and it's been one of the best
situations that we have encountered, both personally, but more particularly
professionally. Miami is a place where we can get things done. We have
achieved between 12,000 and 13,000 subscribers and that's quite unique in our
field, and certainly within the time frame of two and one-half years, it is
extraordinary. We are very, very happy at the response that the community has
shown us. However, because of that, we become victims of our own success. We
subsidize approximately 70 percent every ticket that's sold. We have to come
up with 70 cents for each dollar.
Mayor Suarez: You are only able to recover about 30 percent of the cost of
the ticket, of the price of the ticket from patrons?
UNIDENTIFIED SPEAKER: Yes, exactly, and because the community has responded
so quickly and far beyond our planning, we are in a constant position of
catchup and my major concern as artistic director is that our artistic
development and growth will be stymied, that we will have to stop the
momentum. We will have to stop this almost a miraculous development in terms
of classical dance. We have many, many more things that we need to do, and
76 January 12, 1999
again because of this incredible response, we've got to respond, we can't stay
where we are. I think that's been part of our formula for success, is that
each year we go the next level. We have been very, very careful about our
planning. We have eleven and one-half years of planning, five years of
programming ahead of ourselves, a $1,000,000 nutcracker about to happen in two
years time. We are in a position now, where the National Endowment on The
Arts is looking upon us as a pilot company for all of classical dance
throughout the entire country, so there is not only from...
Mayor Suarez: is that Nutcracker performance going to be the first time that
one has a permanent set in the State of Florida, at least in South Florida?
UNIDENTIFIED SPEAKER: Yes.
Mr. Steinberg: I might also add that part of the value that we bring to the
City of Miami is being called Miami City Ballet and being able to tour. As
Vice Mayor De Yurre said when he was in Ecuador, our posters are all over the
place. That brings in tourist revenue. When we traveled to Israel, it was
the same kind of reception, in Guatemala, it was the same kind of question of
results.
Mr. Plummer: That's why it is a natural for TIC, but we can't afford the
tour, if we've already gone there and they've said no. And we can't afford
the tour to bring the publicity to the City of Miami, so what it would mean is
that we would be cutting out these types of things which are generating
publicity in The New York Times and The Chicago Tribune and The Wisconsin
General Journal and The Atlanta Constitution. These are the things that we
want to do to represent the City, but without the funding, we would not be
able to do it.
Mrs. Kennedy: OK, Mark, let me tell you, I just talked with somebody. I move
that the Greater Miami Host Committee give you $15,000, which they have
assured me that they will and that this City give you $5,000.
Mr. Steinberg: Commissioner, I appreciate it, thank you.
Mrs. Kennedy: OK, and that's my motion.
Mr. Odio: You have to refer them to the Host Committee.
Mrs. Kennedy: OK, refer them, I'm sorry.
Mayor Suarez: Yes, the first part of that is a recommendation to the Host
Committee.
Mrs. Kennedy: Thank you, Mr. City Attorney.
Mayor Suarez: And the other part is...
Mr. Plummer: Where does the Host Committee get the money?
Mr. Odio: They get the monies from the TD...
Mr. Plummer: OK, because I just want to remind you the item right after this
one is from the opera for $31,000.
Mr. Steinberg: Again, though, not to... I think the opera is wonderful and
they've been here for a long time.
Mayor Suarez: Don't... it is just housekeeping discussions here, of
priorities and so on, you don't need to... argue for your own.
Mr. Odio: Mr. Mayor, let me, you know, one of my concerns is that when The
Miami News went out business... I am trying to do now a position on where we
are, our advertising expenses are going to triplicate, and I think it will go
up from $80,000...
Mr. Plummer: Fivefoldl
Mr. Odio: Or fivefold, to about $300,000 to $350,000 that I did not have
budgeted.
77 January 12, 1989
Mayor Suarez: How about Miami Today?
Mr. Odics We need to decide whether they will meet the requirements.
Mrs. Kennedy: That's coming up, yes.
Mayor Suarez: It has to be daily circulation?
Mr. Fernandez: Yes. Yes, it does.
Mayor Suarez: For most of our advertising?
Mr. Fernandez: Yes, according... different items need different types of
advertisements and...
Mayor Suarez: The ones that don't you know, you could consider...
Mr. Fernandez: The ones that don't, we certainly are considering the Miami
Today.
Mayor Suarez: ... they are very, what I presume are very reasonable prices.
Mr. Plummer: Well, but wait a minute. What about The Miami Review? That's a
daily paper.
Mayor Suarez: And the Review, of course.
Mr. Odio: We need ...... (INAUDIBLE STATEMENT)
Mr. Plummer: Well, I'll tell you what you need to do, not only find another
newspaper, but let me tell you, the size of these ads and the amount that is
contained in those ads are absolutely ridiculous!
Mr. Odio: I know, we should... I believe they are dictated by ordinance.
Mayor Suarez: OK.
Mr. Plummer: No, no, no.
Mayor Suarez: State law, but we can change State law if we request...
Mr. Plummer: There is no requirement that says that you've got to put the
City logo in there. Every one of these has the City logo and do you know what
you are paying for that? - about 15 display lines.
Mayor Suarez: I think he saying that the total amount of print is specified
In State law. Whatever it is, we can ask for a change, Aurelio, we can lobby.
And we can reduce by using Miami Review, I'll bet, and it does satisfy all
the...
Mr. Fernandez: Yes, you have an item today in front of you where you have to
address this and the Law Department is working with the Administration to
Insure that we're able to meet the legal requirements of the notices that we
have to publish and the advertisements that we have to put out to the public
In the most effective way, cost wise.
Mayor Suarez: We sometimes go off on tangents here, you know, not
particularly related to them. We have a motion, do we have a second? Yes,
and $5,000 from the City and $15,000 from the Host Committee, is that your
motion?
No. Hirai: We need a...
Mr. Plummer: The motion is...
Mrs. Kennedy: 415,000 proposed to...
Mr. Plummer: We request of the Host Committee.
Mrs. Kennedy: We request, is that correct?
Mr. Plummer: To fund them up to $15,000.
78
Mrs. Kennedy: $15,000 and then $S,000 from the City.
Mr. Plummer: Wait a minute, I didn't hear about...
Mrs. Kennedy: Yes, that's part of my motion, $5,000 from the City and $iS,000
from the Greater Miami Host Committee.
Mr. Plummer: I can't vote for it, then.
Mrs. Kennedy: Let's see if it passes.
Mr. Dawkins: That's in addition to the $1S,000 that they are going to get
anyway?
Mrs, Kennedy: Correct.
Mr. Dawkins: So you are talking $40,000.
Mr. Plummer: No.
Mayor Suarez: 420,000 total from us and $15,000 from the Host Committee.
Mr. Plummer: What?
Mayor Suarez: It will be $20,000 from us and $15,000 from the Host Committee,
if the Host Committee accepts it.
Mr. Dawkins: So it is $35,000?
Mrs. Kennedy: That's right.
Mr. Plummer: I'm sorry.
Mayor Suarez: I second the motion.
Mr. Plummer: I'd like to vote for it but when the Manager is sitting here
saying that it's no money left in the till and this is going to raise taxes, I
got to vote against it. It's always easy to say yes, I wish I could.
Mrs. Kennedy: Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-26
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $5,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE MIAMI CITY BALLET; THEREBY
RECOMMENDING THAT THE GREATER MIAMI HOST COMMITTEE
MAKE 415,000 AVAILABLE TO SAID ORGANIZATION; SAID
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH ADMINISTRATIVE POLICY NO. APM 1-84,
DATED JANUARY 24, 1984.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins _
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
ABSENT: None.
79 January 12,'1989
t
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COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I said it all last year. The Manager told me you had no money,
and at the end of the year the Manager had money, I promised that I would, any
time money vas voted up here, and the Manager said he didn't have it, I'd vote
along with it and let him show me he doesn't have it, I vote yes.
Mr. Plummer: I'll take his word for it and vote no.
Mr. De Yurre: My only concern is that... I've got no problem with the
$15,000, but if we are voting $5,000 right now from our funds and if we got
another item coming up which is similar in nature to this one, then we've got
to be ready to give to that one also.
Mr. Dawkins: Give it to him too. I couldn't care less.
Mr. Plummer: Well, it is more than...
Mr. Dawkins: Yes, if he finds it, if he finds the money, that's good.
Mr. Plummer: There is more than just this other one. I mean, you've got
other requests here for grants of money all through this thing.
Mr. Dawkins: Let's see how many we got, J.L.
Mr. Plummer: Inter -American Scholarship Foundation, support for their fund
raising event. That's money. Cuban -American to request the use of Bayfront _
Park, in -kind services. That's money. You know, it's...
Mr. Dawkins: St. Alben's Day Nursery to request $28,000.
Mr. Plummer: Well, even thought that's a different kind of a situation, it's
still a request for $28,000. The Jamaican Hurricane Relief.
Mr. Dawkins: Inner City Dance Theater, $4,000.
Mr. De Yurre: I have to go along with... because of that $5,000 amount, I am
going to vote no, not because... you know, you know how we feel, we want to
give it, but you guys are going to get approximately another $15,000 from the
Host and Convention...
COMMENTS MADE AFTER ROLL CALL:
Mr. Dawkins: Ah hat That makes the cheese very binding, yes it does!
Mr. Plummer: What is the head rat indicating?
Mr. Dawkins: At lunch my brother, you and I will converse.
Mr. Plummer: In the Sunshine!
Mrs. Kennedy: Uh huhl OK.
28. Refer to City Manager plan outlined by Procacci Real Estate Management
and Human Systems, Inc. regarding leasing of space to the City to
address the needs of the homeless population - request City Manager's
recommendation.
Mayor Suarez: Commissioner Kennedy, before lunch you wanted...
Mrs. Kennedy: Yes, Mr. Mayor, I have Mr. Procacci and Mrs. Milton Vickers in
front of us with a proposal to give us a building for eight months and lease
It to the City of Miami for the homeless. We are talking about 23,500 square
feet at 990 SW Ist Street, correct?
Mayor Suarez: Couldn't put a department of the City there for the next nine
months, could we?
Mr. Plummer: What item is this?
80 January 12, 1989
Mrs. Kennedy: It is a pocket item because them came to see me a couple of
days ago.
Mayor Suarez: I have a feeling we'd just refer this to the Administration for
their recommendation, but if...
Mrs. Kennedy: The Administration went to look at the property and they are in
favor of us doing this.
Mr. Plummer: Of doing what?
Mrs. Kennedy: They would like to rent it to us with all the services included
and towels, and everything for $12 a foot, plus $6 for maintenance, at a total
of $20 per square foot. They will have to remodel the building, bring it up
to code, add the additional bathrooms and whatever the City code requires and
they are willing to do that at their own expense.
Mr. Plummer: They just had a fire in the building.
Mayor Suarez% Would you accept, Commissioner Kennedy, the motion to refer
this to the Administration for their recommendation, indicating that we may
very well want to use this building for some need, but are not ready, quite to
act on this at this point?
Mr. Plummer: Not until we find out on this new City Administration building.
What would be the need for the building, first of all?
Mayor Suarez: No, I was kidding about the Administration. I think that their
proposed use is for some of our homeless programs or...
Mrs. Kennedy: The homeless.
Mr. De Yurre: To house the homeless to some degree also.
Mrs. Kennedy: Keep in mind that we have to evacuate the stadium on the 25th
and we're going to need.
Mr. Plummer: There is no way that that building could be ready by the 25th, a
month after the fire.
Mrs. Kennedy: I understand, but we are looking at places, I understand that.
Mr. Dawkins: Be ready by when?
Mayor Suarez: 25th of January.
Mr. Dawkins: 22nd of January?
Mayor Suarez: There's no way it can be ready.
Mrs. Kennedyt No, it won't be ready.
Mr. Plummer: Excuse me, where would the money be coming from to rent?
Mr. Dawkins: On that same...
Mr. Da Yurre: Cesar?
Mr. Plummer: Don't everybody shake their head at one time.
Mr. De Yurre: Where's the money going to come from to rent this?
Mr. Odio: The only way we could rent that building would be with homeless
assistant program from the Federal government.
Mr. Plummer: Do we have such?
Mrs. Kennedy: From the Federal government.
Mr. Odio: The only kind that I'm aware of that we are going to get is
$186,000.
81 January 12, 1989
O
Mrs. Kennedy: The $186,000.
Mr. Dawkins: Beg pardon?
Mr. Odio: We are going to get a grant of $186.000.
Mr. Davkins: And you have that in writing, i mean, you have that signed and -
sealed, saying that at such and such a date, we'll receive this money?
Mr. Castaneda: No, but we...
Mr. Dawkins: Thank you, all right.
Mayor Suarez: And we don't have the money yet, so...
Mr. Castaneda: No.
Mayor Suarez: ... the point is well made.
Mr. Davkins: No, no, no.
Mayor Suarez: The point is that we can't do anything until we have the money
In hand and as to this facility, unless you recommending something else...
Mr. Dawkins: I beg to differ with the Mayor.
Mayor Suarez: I'm sorry? Well, how do we differ?
Mr. Dawkins: If we have a signed commitment that we are going to do this,
that is money. —
Mayor Suarez: It's almost there.
Mr. Dawkins: We can go on and do it.
Mayor Suarez: The wording is that we have been selected for... -
Mr. Dawkins: But if there is a question in our mind that we may not get the
money, then we cannot proceed.
Mayor Suarez: We really should, under that grant, I think, if I looked at the =
wording correctly. You looked at it, right?
Mrs. Kennedy: Right. _
Mayor Suarez: OK, but that...
Mr. Plummer: I'm lost here) Are you saying that this building would be used —
to house? It's in a commercial district to begin with.
Mayor Suarez: Mr. Manager, are you ready with a recommendation on this?
Would you like to study it further and bring it back to us or what?
Mr. Plummer: Somebody better study it.
Mrs. Kennedy: The Manager looked at it. He said that the zoning vas —_
appropriate. If he has changed his mind I'd like to know.
Mr. Odio: Well, I told him that we really had to take a good look at it
because I haven't seen the building we have, nobody has seen the building.
Mrs. Kennedy: Well, why did you ask me to put it as a pocket item? You said
that Pablo Canton and Livia Garcia had gone to see the building.
Mr. Odio: Well, I apologize for that, Commissioner. I...
-� Mr. Plummer: It's Jerry Gereaux and his...
Mayor Suarez. Hey, you know, $12 may or may not be reasonable. Do we have
any idea of other... I mean, do other people know that maybe they...
i 8� Jetliu#�ry �i�, •lg1$p
Mr. Plummer: Wait, wait, can I ask one other question? Uncle Milty, I'm glad
you're here. Why in the hell isn't the County doing it? It's their
responsibilityl
Mrs. Kennedy: You're right.
Mr. Plummer: Dade County Welfare was given to Dade County. Why aren't they
addressing their problem? They get 27 cents of every dollar collected, they
get from residents of the City of Miami. Now, why isn't the County addressing
their problem? Why are they throwing it to us?
Mr. Dawkins: Because we accepted it.
Mr. Plummer= No we haven't accepted it. The City of Miami cannot financially
address the problem.
Mayor Suarez: So far the closest as we have come is to accept to be a conduit
for Federal funds and to work with nonprofit agencies to try to provide
shelters. We have not yet run our own shelter.
Mr. Plummer: The problem is the conduit is dryl There are no monies.
Mrs. Kennedy: Let me refer this to the Manager and then he can put it back on
the agenda.
Mr. Odio: May:e I should clarify, I have and the City has a trust account
that we are getting private donations and there might have been a
miscommunication. We are looking for a temporary shelter that will be paid
for with private donations, not one cent of tax payers money...
Mr. Plummer: But why not turn that money over to the County whose
responsibility it is to administer?
Mr. Odio: No, no, excuse me, Commissioner. I'm talking about moving out the
people, we have 260 people, from the stadium to those apartments that we are
getting monies just for that purpose and...
Mayor Suarez: And those apartments have to be ready to go, I mean it is not a
situation where you have to renovate something.
Mr. Odio: No, we were hoping...
Mayor Suarez: I mean, that would just simply be the City helping in a
charitable endeavor with other agencies. We're...
Mr. Odio: Not the City.
Mr. Plummer: What about the 67 trailers? Why aren't the people from the
baseball stadium going to the 67 trailers that you got from the Federal
government and gave to the County to administer?
Mrs. Kennedy: Because we don't have those trailers yet.
Mr. Plummer: But are we going to have them by the 25th of the month?
Mr. Dawkins: No.
=� Mrs. Kennedy: We are working on it at this point. I'd rather not elaborate,
but we are working on them.
Mr. Dawkins: Brother Plummer, you're not reading your mail. There Man a memo
circulated to each of the Commissioners from the lobbyist in Washington and I
will paraphrase it, since I do not have it in front of me. The Federal
government said you may not get any trailers to use for refugees because it is
Illegal. The second thing was, they were not going... I'm paraphrasing from
the sumo, that they would not give us any trailers to use for the homeloss
because they would not not a precedent where they Mould have to do the same
r thing United States wide. I will find my memo and give it to you to keep you
i from looking for yours.
i
Mrs. Kennedy: That in correct, Mr. Dawkins, but that memo's incorrect, for
the record.
03 Jonwy
2 A F
4 A
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Mr. Dawkins: No, I have...
Mrs. Kennedy: It is correct what you are saying.
Mr. Dawkins: Well, where is the one that corrected that, Commissioner
Kennedy?
Mrs. Kennedy: I don't know, but I spoke to the head of FEMA yesterday and the
memo is incorrect. And it is not your fault because the City's lobbyist wrote
It. I'm not saying that you're wrong.
Mr. Dawkins: No, the lobbyist said that .i-.ey were working on it, like
Commissioner Kennedy said. They are going back trying to make... you see,
nobody cares but City of Miami, OK? We got left holding the bag, so everybody
is going around trying to find out how to expedite this and get everybody to
do what they should do, and instead of the Federal government assuming its
responsibility, like Commissioner Kennedy said, they keep backtracking and
doing everything but what they are supposed to do, so all we are saying is,
hey, look, you've got to have a place to put the people, here's one thing.
The Yahweh people went in this morning, that's another issue. We've got to
put the people someplace, because the Baltimore Orioles have paid rent on the
stadium, and you've got to get them out of there and you can't wait until the
day to get them out. Now, I don't know how we are going to do it, Mr. Mayor,
but we've got a problem.
Mr. Odio: I'm happy to say. Commissioner Dawkins, Tomas Garcia Fuste
yesterday was kind enough to, when I talked to him, that I needed to rent
apartments for people that had jobs and we were going to give them donation of
a month from private sources and he came up with $20,000. We have now as I
talk $26,000, which is enough to place these people in apartments, so...
Mayor Suarez: Totally private facilities without City funds.
Mr. Odio: The City is not involved whatsoever.
Mayor Suarez: Now, that's as to the Nicaraguans. As to the homeless in the
stadium, are we ready to reach a final agreement with Dade County on Beckham
Hall?
Mr. Odio: Yes, sir, Beckham Hall will be finished by the 24th. The County,
we met yesterday and the homeless at the Miami Stadium will move to Beckham
Hall and we tried to talk to Camillus House so that they will be fed, Brother
Harry, so that Brother Harry will provide the meals every day so that no
cooking is needed there. And that is a temporary stopgap, Commissioner, until
the County can find a social agency to take over Packman Hall to run.
Mayor Suarez: And as to this facility, we, I think, are about to entertain a
motion to refer, if we haven't already made it, to refer to you for study. I
do want to tell you, as I told Mr. Vickers privately, that so far, the City,
up until today, we may change, has not seen it fit to actually itself operate
any SRO, or homeless facility.
Mr. Plummer: Because we don't have the money..
Mayor Suarez: We may change our minds, or we may not and it may come to a
very close vote, frankly. I think there are a few of us that are willing to,
and a few of us are not, but as you study this, whatever we end up doing, we
have to let other people know that they also can come in with the project and
maybe $12 a square foot would be right, assuming we even decide to do this.
In the meantime, I had suggested some totally different use for this building,
in line with what we are trying to do in East Little Havana, which is
affordable housing for people who are marginally employed, but working poor,
or otherwise referred to as working poor, and I don't know that that really
shouldn't be the way we should be proceeding. In any event, we are referring
It to the Manager for his recommendation and unless the Commission now wants
to engage in a policy discussion and be on record as to whether we ever want
the City to actually operate a homeless shelter.
Mr. Dawkins: I move to adjourn for lunch and come back at 1:00 o'clock, 2:30,
and do that.
84 January 12, 1989
Mrs. Kennedy: Before we do that, let me just add that is true, it In not in
the City's best interest, nor is it our duty, but nobody was doing anything
and all the homeless came to the City of Miami. They did not go to Key
Biscayne, they did not go to Coral Gables, they ended up in the City of Miami
and that is why the City took the leadership position. I also think it is
appropriate at this time to thank all of the City employees who have been
working so hard at the stadium and I want to point out that we have provided
11,700 beds, that we have served over 41,000 hot meals and during Christmas we
distributed almost 3,000 toys and the employees stayed beyond the call of
duty, and even on Christmas night they were all there and I want to
congratulate all of them.
Mayor Suarez: It's a magnificent effort and once again, for the media, we
opened that facility for the local homeless first, and when we found that that
was available and it was working and we had an emergency need, we moved a
certain group of Nicaraguan refugees over there and as a result we got a lot
of individual voluntary contributions, which in turn, were able to be used for
the homeless, so they both worked quite well and the media need not spend all
its time trying to figure out whether we are helping one group more than the
other. Beauty of it was that one was a City initiated action, resulting in
help to the Nicaraguans, the food and the contributions which people
voluntarily gave to the Nicaraguans were used for the homeless and both were
benefited and I wish they wouldn't dwell all the time as to whose...
Mr. De Yurre: Mr. Mayor, we also got to thank the private sector that stepped
forward, Blue Plate, McDonald's, I mean like...
Mayor Suarez: Yes, who is that company that is giving the daily...
Mr. Kennedy: Blue Plate Caterers.
Mr. Odio: Blue Plate, I was talking to the owner last night, and he came by
last night and he said, don't worry about food, you have 400 meals a day,
free, as long as you want them, and if you need any more during the day,
because you get somebody, we'll give you more. McDonald's has given breakfast
forever and ever, every day, 200 breakfasts. Budweiser gave us $4,000. The
Cuban American National Foundation gave us $2,000. People have... it has not
cost one dollar.
Mr. Plummer: After January 22nd the Joe Robbie Stadium is empty.
Mr. Odio: They have some beautiful sky boxes with air conditioning.
Mr. Plummer: Hey no, but he has a problem there, in making his monthly
payments. Maybe the County will subsidize that for them.
Mr. De Yurre: Mayor, what I would like to have...
Mayor Suarez: Oh no, don't please, we are referring this to the Manager. Why
don't we take a quick vote, unless...
Mr. De Yurre: What I would like to have also is since we are in this, and we
are wrapping up Miami Stadium, I would like to ask for next month's general
meeting, is a full report of what we've spent in that facility in providing
aid to the homeless, including the donations we've had so there is an
accounting and people can see what we've spent involved in this effort. I
think it's important.
Mrs. Kennedy: Yes, that's been done.
Mr. Plummer: Is that for the purposes of asking the County, whose
responsibility it is, to reimburse the City?
Mr. Odio: And the Federal government. We ordered the minutes...
Mr. De Yurre: For whatever purpose you want. I think it is important for
Information that we have...
Mayor Suarez: Yes, for media purposes too, for own satisfaction.
Mr. Odio: Sure, the minute that we had to move the people from that house,
the 154, the Fire Chief, under certain emergency procedures that we have,
8s January 12, 1989
immediately started logging every single cost that we have, precisely for
reimbursement purposes. We are going to bill the federal government for it.
Whether we get paid or not, that is different, but we are going to bill them.
Mayor Suarez: OK, beautiful.
Mrs. Kennedy: And last but not least, we cannot forget the media who brought
this into the attention of everybody.
Mayor Suarez: Very good.
Mr. De Yurre: Also and with reference to this item right here, just like many
other people are stepping forward in this situation with the homeless. The
Yahwahs were here a little while ago, and we have countless people stepping
forward is that the same policy that we are dealing with here that things be
addressed to the City Manager to look at the possibilities and study, that
that policy apply to all these different groups that are stepping forward.
Mr. Odio: Commissioner, since you brought that, I want you to know that we
have averaged every day as many American homeless as Nicaraguan refugees, day
after day. Last night there were 200 American homeless living there and I
feel that it was well worth it.
Mayor Suarez: OK, we have a motion and a second. Call the roll.
Ms. Hirai: Need a second, Mr. Mayor.
Mr. De Yurre: Second.
The following motion was introduced by Commissioner Kennedy, who moved
Its adoption:
MOTION NO. 89-27
A MOTION REFERRING BACK TO THE CITY MANAGER A PROPOSAL
SUBMITTED BY REPRESENTATIVES OF PROCACCI REAL ESTATE
MANAGEMENT AND HUMAN SYSTEMS, INC. IN CONNECTION WITH
POSSIBLE LEASING TO THE CITY 23,000 SQUARE FEET OF
SPACE LOCATED AT 990 S.W. FIRST STREET, SAID SPACE TO
BE USED FOR PURPOSES OF ADDRESSING THE NEEDS OF OUR
HOMELESS POPULATION; FURTHER REQUESTING THE MANAGER TO
COME BACK WITH A RECOMMENDATION.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:11 P.M. AND RECONVENED AT 2:10, WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
----- - ---- - -- - --- - - ------------------ - - -------------- - ------ - --
29. A) SECOND READING ORDINANCE: Amend Code Chapter 18 (Finance) - redefine
term "Minority and Women -owned Business Enterprise", etc. and define
guidelines for the award of City contracts with specified percentages
allocated to minority and women -owned small businesses, etc. (Later
reconsidered.)
B) Reconsider prior vote on Ord. 10538.
C) Continue for further information proposed second reading ordinance in
connection with guidelines for the award of City contracts to
minority/women-owned business in the City. (This motion to continue was
ultimately withdrawn in order to pass and adopt the ordinance.) (See
label 34).
Mayor Suarez: Item 28, redefinition of Minority ordinance. Adrienne, do we
have anything on this that's different, other than...
Ms. Adrienne Macbeth: Nothing that's in addition to what I said, Mr. Mayor,
except that if you do pass this ordinance it will certainly give us a lot more
authority to interact in the procurement process. In addition to that, in
anticipation of your favorable passage of this, we've submitted to the City
Manager an administrative procedure which we feel will accommodate you in
terms of some of the concerns that you have had and pending your passage he
will pass this. Following that we intend to hold an orientation session for
all of the departments to make them aware of this and then finally, we intend
to put in place the compliance committee, which in fact, over a year ago, you
had said you wanted with Commissioner Dawkins, as the chairperson and with the
heads of the major procuring departments, as being members of that committee.
Mrs. Kennedy: Mr. Mayor, this is second reading. If you are ready, I moved
it before, I'm ready to move it again.
Mayor Suarez: So moved.
Mr. Plummer: Now, let me ask a question. What you are saying in this
ordinance is that 51 percent of 51 percent? In other words, you are not
saying 51 percent of all total City contracts will be going to just women?
Ms. Macbeth: No, sir, it's 51 percent to the three minority groups.
Mr. Plummer: OK, but you don't spell out into this here, as I see it. That,
is it to be so much Latin, so much Black, and so much women?
Ms. Macbeth: Yes, sir, 17, 17 and 17.
Mr. Plummer: It doesn't say that here.
Ms. Macbeth: It's in the original ordinance, Mr. Plummer.
Mr. Plummer: It doesn't say that in here. This would be misleading.
Ms. Macbeth: It says, minorities slash women. We've done several things,
Commissioner.
Mayor Suarez: Is that good enough, J.L.?
Mr. Plummer: OK, let me ask a another question. You tell me it is there,
I'll accept that it is there. Are these ordinances also... are these
ordinances saying that a company must be not only 51 percent woman owned, but
that she must be qualified in competency, in any of the endeavors in which she
is bidding?
Ms. Macbeth: Yes, sir, it does. It says three things. Number one, it says
51 percent ownership, and it is not only women, it is women, Hispanics and
blacks. It says 51 percent active management, and we now have the staff to be
able to go out and to make sure that that happens, and thirdly, about a year
or so ago, Commissioner Dawkins had introduced and ordinance which was passed,
but now requires that the individual or individuals who are the owners who
qualify, the company as it relates to ownership and management themselves also
have to hold the certificate of competency or the license to do whatever that
business is.
87 January 12, 1989
—Al-
Mr. Plummer: OK.
Mrs. Kennedy: And the firms should employ a maximum of 25 employees or have a
net worth of over two million dollars.
Ms. Macbeth: Yes, Commissioner. The reason we did that was because we've got
several very large...
Mr. Plummer: What does that kick in on?
Me. Macbeth: We are now asking you as a part of this amendment to amend the
term minority slash women business to say small minority slash women. The
reason is that we've got very many companies, particularly the Hispanic and
the women owned category who are large enough to be able to compete without
what we consider to be sheltered opportunities as far as bidding and procuring
In concerned and we are attempting to do consistent with what the State does
to say that we want to direct our special efforts towards those who are not
that large.
Mr. Plummer: Then are you saying in that vein that the small consistent
owners are going to be 51 percent and that the bigger companies don't come
Into the computation of the 51 percent?
Ms. Macbeth: What we are saying is that once you've reached the cap of having
$2,000,000 in net worth, and/or more than 25 employees, that you will not be
able to participate in the sheltered opportunities we have, which would be
either required subcontracting goals or set -aside provisions.
Mr. Plummer: No, no, what I am saying is, of these companies who, let's say,
are exempt, I think is basically the terminology - if they have the 25
employees or the $2,000,000 gross. If they are Hispanic owned, are they part
of the 51 percent goal total of the City?
Ks. Macbeth: They will not be if you pass this amendment, sir.
Mr. Plummer: So then, conceivably, it is not a 51 percent goal, I mean, it is
not a 51 percent mandate, it is 51 percent, plus.
Ms. Macbeth: I guess I don't understand how you are figuring that.
Mr. Plummer: OK, the mandate is for 51 percent minority slash women. All
right, these companies which are excluded, or not under this program, which
are 25 employees, or $2,000,000 gross, if they get a contract from the City,
they are not included in the 51 percent mandate?
Ms. Macbeth: Exactly. When we report back to you...
Mr. Plummer: Well, then it is not a 51 percent!
Ms. Macbeth: But, may I just say this? When we report back to you, we will
always report back to you saying that X percentage of everything that we've
procured was done with black Hispanic, and woman owned businesses.
Mr. Plummer: But are you going to do it in different categories of
occupations?
Me. Macbeth: We do that, yes sir, we will, but the more important point that
I'm trying to make is that there are times when we will ask the City Manager
to set a particular bid or contract aside specifically for bidding by minority
or women owned companies. In this particular case, what we are saying is that
we want to remove from the competition under those shelter opportunities, the
larger businesses who in fact...
Mr. Plummer: Well, I understand that and I have no problem with that. The
area that is of concern is that it's my understanding of this Commission was
we were trying to set aside 51 percent of all City contracts for minority
slash women. What you are now telling me, we did not set aside 51 percent
absolute, we have set aside a minimum of 51 percent, because it could go 90 or
95.
88 January 12, 19$9
Ms. Macbeth: We are not setting them aside, Commissioner. Our ordinance is a
goal ordinance. What the amendment does here in conjunction with what
Commissioner Dawkins and I think Commissioner Kennedy had a concern about, was
that we didn't have the authority to be able to apply that goal to every
particular contractor or bid. Nov, we will have that opportunity. The set
aside provision only kicks in because we say to the Manager we are short as it
relates to reaching our goal, and therefore we would like you to set aside a
specific project or bid.
Mayor Suarez: And I think that has only been invoked once.
Ms. Macbeth: Perhaps more than once, Mr. Mayor.
Mr. Plummer: Well, as I see it, what we are saying is, it is a minimum of 51
percent. It could be much, much higher.
Mayor Suarez: Absolutely.
Ms. Macbeth: Well, I just want to be clear, Commissioner Plummer, that we're
not setting these aside, because by setting them aside, we preclude anyone
else from betting on them.
Mr. Dawkins: Are you finished, J.L.?
Mr. Plummer: Yes, sir.
Mr. Dawkins: OK, I am not happy with this, but they keep telling me this is
the best that we can do.
Ms. Macbeth: May I say something that may provide a little more comfort for
you, Commissioner and that is, that over a year ago the Mayor had instructed
us to establish a compliance committee that would be headed by yourself. What
we have done in the administrative procedure which the Manager has tentatively
approved, pending your approval, is to say to him that we will structure a
committee that will consist of you as the chair, and the department directors
of all of the various departments who do procure and contracting and prior to
any project or bid going out for bid, everybody will have the opportunity to
review it and to have input relative to what the requirements for minority
participation will be.
Mr. Dawkins: OK, well I missed part of the discussion, so maybe you went over
what I want, as quote, unquote, a woman's firm gets the job, OK, so that's the
minority and if it is totally owned, does that woman firm have to go out and
get 17 percent Latin, and 17 percent black in order to meet the set -aside?
Ms. Macbeth: No sir, they don't, but they will have to have a...
Mr. Dawkins: Why?
Ms. Macbeth: Because we simply have not structured it that way, sir.
Mr. Dawkins: OK, well you see, that's why I got problem. You see, I am for
creating jobs for everybody. Now, if a black firm gets the bid, the black
firm should be made to come up with 17 percent for Latin, 17 percent for
women.
Ms. Macbeth: Commissioner Dawkins...
Mr. Dawkins: If the Latin gets the job, he should be made to come up with 17
percent for black and 17 percent for women. That's the only way we are going
to get everybody in this town working together.
Ms. Macbeth: Commissioner Dawkins, I think there are several points I'd like
to make. First of all, if you do that, you are imposing on the minority and
women owned companies, a burden that you are not imposing...
Mr. Dawkins: I wouldn't give a damn what I am imposing on. I've been imposed
on all my life, so don't tell me nothing about who I am imposing on, OK?
Don't even tell me that.
Ms. Macbeth: But may I say to you that...
89 January 12, 1989
•
9
Mr. Dawkins: No, no, no. Don't tell me who I am imposing o7., I am trying to
create something that will make things equal. I don't care who it imposes on.
Ms. Macbeth: I understand that air, but you are not imposing that requirement
on non -minority and non -female owned companies, that's my only point.
Mr. Dawkins: Well, why can't you? Why am I not?
Ms. Macbeth: Well, you are not doing it is what I am saying, so that if we do
that...
Mr. Dawkins: Why? All right, I move you take this back and bring it back so
I impose it on everybody.
Ms. Macbeth: Commissioner, let me just make this other point before you do
that finally, and that is to say that there very often bids purchases and
contracts that do not even require the services or subcontracting by other
companies, so to impose that would literally not have any meaning.
Mr. Dawkins: All right now, OK, ever since I've been here and the majority of
this Commission, all this Commission, we have said, you got three groups in
this town, OK, and we said over and over that we want the groups in this town
to make the money. We do not want outsiders in here making the money. And
the only way we are going to do that is to get our local contractors with the
jobs who will hire local people to work.
Ms. Macbeth: These amendments will do that, sir. The other point I wanted to
make and I think perhaps we're mixing contracting, subcontracting, with
employment opportunities. In addition to this, this ordinance requires that
every firm that deals with us have an Affirmative Action policy, have an equal
opportunity employment policy and then provide for us the statistics
employment -wise, as to how they are involving blacks, women and Hispanics in
the employment that exists within their company. Commissioner, I don't want
to say trust me, except that I do literally feel that the amendments that we
have proposed here will satisfy you in conjunction with the administrative
procedures that are going to kick in and also in conjunction with your
chairing the committee which will be the Compliance Committee.
Mr. Dawkins: I'm unhappy with it, but if you got three votes up here, be my
guest.
Ms. Macbeth: Well, we would appreciate yours also sir, because we are trying
to work with you as well as the other Commissioners.
Mr. Dawkins: I can't vote for this.
Mr. Plummer: Then move to defer it.
Mr. Dawkins: I mean like I said, I mean I've been saying ever since I've been
here, I mean this isn't the first time I've said this.
Ms. Macbeth: I understand it is there, Commissioner, and I don't know...
Mr. Dawkins: I mean you know, it is fine for you to say it's here, but here's
a lawyer right here, OK? Now, Mr. Mayor, if I were to bring this to you, and
ask you as a client to go to court and defend this and I said that... does
this may that I've got to have 17 percent black, 17 percent white, and 17
percent Latin?
Mayor Suarez: The first thing I would do I would ask Adrienne, because I
don't understand the ordinance, but...
Ms. Macbeth: Yes sir, it says that that's the goal and it says that where
feasible we will impose that goal.
Mayor Suarez: If we obviously weren't...
Mr. Dawkins: Well, what do you have got feasible? You see, I want to... all
right, let me hear from the attorney.
Ms. Macbeth: Commissioner, unless you have capacity...
90 January 12, 1989
n=
Mr. Dawkins: No, no, let me hear from the attorney. Take it easy. Come one,
you are shaking your head, Linda, what? What are you shaking your head for? 1
Me. Linda Kearson: Commissioner, you have to add when feasible, because there
may be times when Just don't have the availability of minorities that...
E
Mr. Dawkins: Then let them come back and tell me it's not feasible. I don't
you to give them the out that it's not feasible.
Ms. Kearson: No, we're not...
Ms. Macbeth: You will have that right, Commissioner, because you will be
chairperson of the advisory...
Mr. Dawkins: Hold it, hold it, I'm not going to vote for it. Make somebody
do what they are going to do. -
Me. Macbeth: Well, let us try though, to be a little more persuasive,
Commissioner, if you will.
Mayor Suarez: How about if you table the item, and come back with a modifi...
Mrs. Kennedy: I was going to suggest that. That is the best thing. -
Mayor Suarez: Just table it and come back this afternoon with a modification
that says if any time you are not able to meet these goals as absolute
requirements, that the committee headed by Commissioner Dawkins will be -
iniormed of that and they must make a recommendation.
Ms. Macbeth: That will happen air, that's here. That's all we are saying to
you.
Mayor Suarez: That's there? Read it to me where it's there.
Ms. Macbeth: It says that prior to any bid, or any contract or request for
proposals or for solicitations for quotes for bids, that the City of Miami,
prior to their going out, the Office of Minority and Women Business Affairs
and the Compliance Committee will be chaired by Commissioner Dawkins, will
review that and will, where feasible, identify the firms and will make
specific recommendations...
Mayor Suarez: OK, take the word, feasible out. Take the word, feasible out.
Just may that they will identify. If we reach an impasse in some way or
another, we can always consider it here and we'll solve that, the fact that it
is not feasible, but take the word feasible out.
Ms. Macbeth: Yes, sir, that is a concern.
Mr. Dawkins: Let me bring...
Mayor Suarez: He wants to make that an absolutely requirement.
Mr. Dawkins: Let me bring something to this Commission's attention. We put
out a bid to bid a police substation on 62nd Street. The guy who won the bid
was a black firm 3-W. He told me and these Commissioners standing right there
that he would not meet the minority black part of it, because he felt he was
!t. _
From what I understand, I remember that meeting, sir.
And now...
He said he would exceed that.
No, he...
Mr. Ruvin Berke.
No, he did not may he would... he told me he would not meet it. -
Mayor Suarez: Remember, we had to even take it away and give it to the jointo'
to the partner, to the co -venture, who said he would...
91 January _ 12, _ 1989 r fi=
� l
.^ a
Ms. Macbeth:
Mr. Dawkins:
Ms. Macbeth:
Mr. Dawkins:
Ms. Macbeth:
Mr. Dawkins:
i
Mr. bawkins: That's tight.
No. Macbeth: You gave it to 3-V, which to a black Company# that*b *ho tha
Commissioner is talking about.
Mayor Suarez: Who said he would comply, but the initial one, who did not...
Mr. Dawkins: Move the agenda.
Mayor Suarez: OK, with that modification, with that modification, with the
proviso, you take the word, feasible out of the wording, do you want to accept
that?
Mrs. Kennedy: I already moved it.
Mayor Suarez: OK, so moved, do we have a second?
Mayor Suarez: Second. Any further discussion? Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
NOTE FOR THE RECORD: Although the ordinance was adopted by the
following vote of the City Commission -
AYES: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None
said ordinance was immediately rescinded by Motion 89-28 (see
hereinbelow) but was later unanimously passed as Ordinance number
10538 (see label 34)
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: God knows Miller Dawkins has got problems with it. They need to
be addressed and if he's not going to be happy with it, I'm going to vote no
until he, who has been one of the fighters for this all the way alone is
satisfied that it's reasonable. I was hoping it would be deferred as the
Mayor said, and tabled to the afternoon and possibly that could take place,
but I am going to have to support Commissioner Dawkins in his long and
continuing struggle to make this thing right, so I'll vote no.
= COMMENTS AFTER ROLL CALL:
Mr. De Yurre:
Let me go back to my vote if I may.
Do I have to change my
vote to reconsider?
-
Mr. Fernandez:
Yes.
Mr. De Yurre:
OK, I move to reconsider my vote.
Mayor Suarez:
So moved to reconsider the item.
9=1
Mr. Plummer:
Second.
r"
Mayor Suarez:
Seconded, call the roll on the motion.
k:
Mr. Plummer:
Wait a minute, how did you vote in the
first place? I didnot#
hear you.
Mr. De Yurre:
Yes.
Mayor Suarez:
Yes.
Mr. Fernandez:
He voted yes.
{
92
f
's
r
s
Mr. Plummer: OK.
Mayor Suaras: Call the roll on the motion to reconsider.
The following motion was introduced by Commissioner De Yurre, vho moved t
Its adoption:
MOTION NO. 89-26
A MOTION TO RECG:!SIDER PREVIOUS VOTE ON AGENDA ITEM
NO. 28 (A SECOND READING ORDINANCE IN CONNECTION WITH
PROCEDURES ON THE AWARD OF CITY CONTRACTS TO
MINORITY/WOMEN OWNED BUSINESSES IN THE CITY OF MIAMI).
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 Do Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. De Yurre: I go along with what J.L. is mentioning right now and until
such time that Miller is satisfied, since he takes a lead on these issues, I
am going to vote no, so I move that...
Mrs. Kennedy: Mr. Mayor, can I suggest that we put this back...
Mayor Suarez: Yes.
Mrs. Kennedy: ... on the agenda for next month. In the meantime...
Mr. Plummer: That's fine.
Mrs. Kennedy: ... would you please meet with Commissioner Dawkins and anybody
also who has a problem.
Mayor Suarez: How can we do it so that it is back on second reading?
Continue second reading?
Mr. Fernandez: Well, you have just reconsidered that initial vote, so right
now, you are back again to original...
Mayor Suarez: OK, I'll entertain a motion to continue the second reading
until the first meeting in February.
Mr.
Fernandez:
There you go. Right, correct.
ME
Mr.
Plummer:
The terminology, i think is to continue for further information.
Mr.
Fernandez:
All right.
Mr.
Plummer:
Legal definition.
Mr.
Dawkins:
Second.
Mayor Suarez:
So moved and seconded, any discussion? Call the roll.
- Z±_
Mr.
Plummer:
Now we'll all vote not
i
i
The following motion was introduced by Commissioner Kennedy, who moved
Its Adoptions
MOTION NO. 89-29
A MOTION TO CONTINUE FOR FURTHER INFORMATION
CONSIDERATION OF AGENDA ITEM NO. 28 (PROPOSED SECOND
READING ORDINANCE IN CONNECTION WITH GUIDELINES FOR
THE AWARD OF CITY CONTRACTS TO MINORITY/WOMEN OWNED
BUSINESSES IN THE CITY OF MIAMI) UNTIL THE FIRST
REGULAR SCHEDULED MEETING OF FEBRUARY, 1989.
(Note: Said proposed second reading ordinance was
ultimately passed as Ordinance 10538)
Upon being seconded by Commissioner Dawkins, 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.
Mayor Suarez: Let me tell you what my preoccupation is. I am willing to go
with the wording as you drafted, although I know about the concerns but my
concern is another one. It's the practical concern of getting to bidders who
were not bidding, just like we have the same problem in the recruiting for the
Police Department. We are not getting to the people who could apply. We are
not going to the high schools, I don't see anything being done to promote
that. It is a very informal process, it is very painstaking process. Maybe
the Compliance Committee can do it, maybe not, but it take a lot of contacting
of contractors associations and just a lot of work of monitoring and I hope
that you know, everybody mobilizes themselves to do that. There is no way to
legislate that. It is just an overall effort has to be made.
Ms. Macbeth: Mr. Mayor, if I just might, without really belaboring the point,
there are several things that I would really beg of all of you to consider,
including Commissioner Dawkins and that is we are really not dealing with high
school here. We're dealing with established businesses.
Mayor Suarez: I just cumpared it to the high school situation for recruitment
of minorities for the Police Department. That's just a comparison. I'm
saying what we did in the morning... let me just finish the example so she
doesn't take me along a tangent here, take us along a tangent. This morning,
we gave instructions to the Manager to publicize the one bid, where there were
no black contractors applying, it is a $4,000,000 bid. That should be a
headline in The Miami Times. Somebody should be going out there and telling
the community that they, you know... I don't care now they structure their
corporations, I am not going to tell them how to do it, we indeed cannot do
that, but we've got to get the word out, and that's... there is no simple
formal way of doing that that I am aware of. That takes a lot of monitoring,
a lot of spreading the word, a lot of going to contractors associations, to
Chambers of Commerce, you know, and letting them know and I don't know if that
linkage is being effective and I don't know how to legislate it. I think it
is just a lot of effort on your part.
Ms. Macbeth: We are
doing that sir. You may recall that at your
last
meeting, Commissioner Dawkins got introduced and passed the creation of a
fund
that would establish a
revolving loan fund for those minority contractors...
_ Mayor Suarez: For the
subcontractors for Overtown/Park West.
Me. Macbeth: We are dealing here, Mr. Mayor...
Mayor Suarez: And if
I hadn't written a memo to get that publicized and
give
credit to Commissioner
Dawkins as I did, it might not have been in The
Miami
Times.
94 January 12,
1g$4:)
Me. Macbeth: My only point is to say to you sir, that if we are going to be =
that agressive, then we are also going to have to be that supportive, and that
is to may that in my ongoing interactions with minority and small owned
business companies, it is not simply a matter of making the opportunities
available for them, it is also a matter of this City providing some ancillary
support for them to be able to take advantage of these programs.
Mayor Suarez: Oh, we are aware of the formal mechanisms of that.
Ms. Macbeth: The other thing that I would just like to caution you about is
that the Supreme Court is currently considering, or reconsidering, I should
say, programs of this nature, and one of the things that we attempted to do in
this particular amendment was to preclude the kinds of things that would
automatically...
Mayor Suarez: Challenges?
Ms. Macbeth: Exactly, sir.
Mayor Suarez: But don't be too conservative. We've got a pretty effective
Legal Department that has been able to withstand many challenges and I know
that they'll continue doing that, so don't go over board.
Ms. Macbeth: I understand that, but the City of Miami is getting the very
good reputation locally as well as nationally, because we have been able to
accomplish some things that other people have not been, simply because we have
been sensitive to this.
Mayor Suarez: Yes, anything else you want to say?
Mr. Dawkins: Nothing else to say, thank you.
30. MIAMI SPORTS AND EXHIBITION AUTHORITY: Brief discussion concerning
rotation of the Chairmanship - temporarily tabled until later this same
meeting (See label 67 and 69).
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Dawkins: I would like the Commission to hear out of turn, number 89.
This has been put off since November and I want to make sure that in the event
that we do not complete the agenda, that this item is heard. I move to hear
89 now.
Mayor Suarez: OK, let's take up item 89. Chairmanship for the The Miami
Sports and Exhibition Authority.
Mr. Dawkins: Mr. Mayor, I think that the chairmanship should rotate and I
think it is about time for the Vice Chair to move into the Chairmanship and I
would move that George Knox become Chairperson of the Sports Authority.
Mayor Suarez: So moved. I saw by the way, the current chairman around here.
I don't know if he has left and I don't know if it was your intention to
decide this matter while he was around.
Mr. Dawkins: Well, he's here... I did, so if he had something to say, he can,
that's why I brought it.
Mr. Plummer: Let me ask a question, because maybe I heard somewhere that was
incorrect. Is it not going to be designated for a two year tenure?
Mr. Dawkins: I did not intend that, I mean, that is up to this Commission. I
did not... it can be two year or one year, it doesn't matter to me, or rotate
every year.
Mr. Plummer: OK, I am just asking.
_ r �
Mayor Suarez: Yes, I'd V ke to vote...
Mr. Dawkins: Every year.
Mayor Suarez: Every year.
Mr. Dawkins: Every year, yes.
Mayor Suarez: We have a motion, do we have a second, because if not, I'll
second otherwise.
Mr. De Yurre: I'll second the motion, but before that, I just want it clear
that this item was set for discussion after 4:00 p.m. Do we have a problem
with that?
Mr. Fernandez: Yes, but it was scheduled to be heard at 4:00 p.m. or any time
thereafter. That's not a public hearing, but I believe there is a practice of
this Commission always...
Mr. Dawkins: I move wait until 4:00 o'clock.
Mayor Suarez: We have a motion and a second. We could probably hold off on
that. If not, we'll just withdraw the motion and remake it at 4:00 p.m.
Mr. Dawkins: OK, thank you, Mr. Mayor.
Mayor Suarez: At 4:00 o'clock remind me, please.
31. FIRST READING ORDINANCE: Amend Ord. 10521 (capital improvement
appropriations) - increase appropriation for the Japanese Garden
Renovation, Project No. 331317, from contributions made by the Ricoh
Corporation.
Mayor Suarez: Item 29, the Capital Improvement Appropriations Ordinance. We
need a $6,100 item from the Ricoh Corporation for the Japanese Gardens. Is
that all there is to this item?
Ms. Arleen Weintraub: Yes, it is just appropriating an additional $6,000.
When we converted from Yen to U.S. dollars, their donation was more.
Mayor Suarez: We are not going to continue doing this on the monies they
contributed, hopefully, right?
Mrs. Kennedy: Move it.
Me. Weintraub: I think this should be the end of that.
Mayor Suarez: Thank you. We have a motion, do we have a second?
Mr. Plummer: How man Yen was it?
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mrs. Kennedy: A million.
Mayor Suarez: Lot of Yen.
Mr. Dawkins: Lots.
Mayor Suarez: Call the roll.
Mr. Fernandez: On first reading, an ordinance.
Mr. Dawkins: A casket full!
Mr. Plummer: I may ask for a wheel barrel.
—
-------------
s
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 10521, ADOPTED
NOVEMBER 17, 1988, AS AMENDED, THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE, BY INCREASING THE
APPROPRIATION FOR PROJECT NO. 331317 ENTITLED
"JAPANESE GARDEN RENOVATION" BY AN AMOUNT OF $6,100
FROM A CONTRIBUTION FROM THE RICOH CORPORATION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Kennedy 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 J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
32. A - Presentation of Plaque to LITTLE HAVANA KIWANIS for its efforts
contributing to the establishment of "FRIENDSHIP PLAYGROUND" for young
kids. B - Approve In Principle Request by LITTLE HAVANA KIWANIS To
Develop, Build and Operate a Proposed Multipurpose Sports & Recreational
Facility at an existing City Park Location.
Mayor Suarez: We have one ceremonial item for the afternoon session, and I
have this little plaque here that you have all seen, I think, to give to
Little Havana Kiwanis representative, and I believe I see him back there.
Would you step up to... the po... - actually come around the bank, I think that
all of us are gone want to, be with you and, hopefully our photographer is
here. The plaque and picture represent perhaps one of the most innovative and
beautiful parks that have ever been built in a City like Miami, playground for
young kids and some that are not so young. It was a total volunteer effort,
contributions made by one corporation maybe more than one, Frito Lay and some
others, and the effort was by Little Havana Kiwanis who have distinguished
themselves in many many services to this community, but perhaps none as
Incredible as extraordinary as this one, and we are happy to present to you,
in sincere appreciation for all your support toward the realization of
Friendship Playground, Parque de la Amistad on November 1988, it should have
been presented. We are two months behind, this beautiful plaque that shows
what you built; about a thousand volunteers, Mr. Manager worked, a lot of
people from the various departments in the City, parks, certainly and
firefighters I saw quite a few, and police officers a lot of them dress in
blue, and Commissioners, it was interesting to watch Commissioner Kennedy up
there hammering away, and all of us that were up there, and the Manager
himself...
Mrs. Kennedy: Hammer your head that's what I'm doing.
Mayor Suarez: She is going to hammer my head, she is also always using the
swing up there if you ever want to see that, without any further ado
congratulations to you.
Mrs. Kennedy: One more thing Mr. Mayor, I think that we should also thank
Pedro and the McDonalds restaurants. They have been providing us at the Miami
Stadium with two hundred breakfast everyday for the Homeless and the
Nicaraguans, so on behalf of all of us again, thank you.
97 January 12, �9 9
Mayor Suarez: They just informed me that they have another presentation that
should be painless, and might involve an additional exciting project for the
City of Miami that they Mould like to make, and I would like to give them a
couple of minutes to do that. Can you bring the mike a little closer to you,
Ray?
Mr. Ray Rodriguez: My name is Ray Rodriguez, and I'm the president of the....
Mayor Suarez: Can you bring the mike a little closer to you Ray?
Mr. Rodriguez: ...Kiwanis Foundation, and we are here to request the
Commission to approve in principle a project whereby the Kiwanis of Little
Havana will develop and built, as well as operate and maintain a multipurpose
sports and recreational facilities within one of the City's existing parks. -
The facilities equipment and training will be provided at no cost to the
public, funding for the project will consist mostly of private and corporate -
sponsored donations, solicited by our foundation. With the Commission
approval we will commence feasibility studies with funds that we have set
aside for that purpose, and we will report our findings to the Commission and
the City staff. We contemplate the project will be completed and utilized in
stages. The first step will be the complete renovation and redevelopment of
existing facilities where feasible. At that stage the park will be used for
high quality training baseball, football, soccer, basketball leagues, as well
as training camps will be established and operated by top flight _
professionals. The construction of the new multipurpose facility will be an
on going process. As this facilities are completed they will be staff
professionally and equipped. We believe that as a result of the experience
and contacts we have developed through the activities of our club, we are
uniquely qualified to carry out this project. Through Carnival Miami we have
developed many corporate contacts. We have raised substantial funds from the
private sector and has nourished the enthusiasm of our community. Our youth
basketball league taught us to better deal with the youth of our community...
Mayor Suarez: You have a pretty hefty initial amount already on deposit, do
you not? - as you told me.
Mr. Rodriguez: Yes, we have fund set aside right now for feasibility studies.
Mayor Suarez: How much are you already... should I not say the figure you told
me, or do you want to say it?
Mr. Rodriguez: Well, we have up to $100,000 that we set aside for feasibility
studies, and...
Mayor Suarez: That's $100,000 not in..
Mr. Rodriguez: U.S....and...
Mayor Suarez: The total project cost...do you have an estimate?
Mr. Rodriguez: No, its going to be done on projects, in a stages, and we are
going to go after the corporate sponsors, and other foundations, to fund this
project. We expecting there will be no City cost to either build or to
maintain or to equip.
Mayor Suarez: I just want to say for the benefit of the general public, that
I - I'm not going to hold you to it, but I remembered the total project cost
of almost $2,000, 000. I know that is indicative that you were not scared
away by the total amount, in fact it was a your proposal actually that it
would end up costing about 42,000,000. I don't know how much of that would be
in -kind volunteer work, but its a spectacular..
Mr. De Yurre: We are not afraid of that figure. Let me add Mr. Mayor, that
we met, because with the concept of the Youth Center that I've been bringing
along for over a year now, they have pretty much something in line along the
same w.!,,T: a length , and the thing is that Miami is such a big City that one
Youth Center is not going to suffice for our total community. So its great
that they willing to take this step forward because the cost of maintaining,
and we spoke about when we had that meeting, it can get pretty hefty, we are
talking about a few hundred thousand dollars of maintenance annually, and it
is great that they are willing to take this step. Here are people that really
care about our community to the degree that they getting involved at this
98 January 12, 1989
- P
i t +
extent, and I feel very proud to say that these are my friends, these are the
friends of this community, and that anything that we can do to help them in
that endeavor, I think that it goes without saying, and I move that in spirit
that we can adopt that concept, that principle, and that we give them the go
ahead to proceed in anything that we can do that we be there for them. That
doesn't cost us a penny.
Mr. Plummer: Second.
Mayor Suarez: So moved and second. Any discussion? As many of us have
indicated, and I think the Manager has told you, anything of this magnitude
and as exciting as this despite the name that your organization carries, you
know will ideally be placed in a location in the City where it will be
accessible to all of our neighborhoods and all of our young people. I think
you are amenable to that. So you are not bound necessarily to the
geographical limitations of being in Little Havana, and will make it perhaps
In a very central location, which might put it exactly where we particularly
need all of the help that we can help anywhere in the Allapattah Wynwood area,
for my own preference, and that will really be in just that area of Miami that
is central to everybody and accessible to everybody, and needs this kind of
exciting program, project. OK we have a motion and a second, call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
Its adoption:
MOTION NO. 89-30
A MOTION APPROVING IN PRINCIPLE PROPOSAL BY THE
KIWANIS CLUB OF LITTLE HAVANA IN CONNECTION WITH
PROJECT TO DEVELOP, BUILD, OPERATE AND MAINTAIN A
MULTIPURPOSE SPORTS AND RECREATIONAL FACILITY WITHIN
ONE OF THE CITY'S EXISTING PARK LOCATIONS; FURTHER
STIPULATING THAT THIS WHOLE PROJECT SHALL BE AT NO
COST TO THE CITY.
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.
Mayor Suarez: Once again congratulations and congratulations for running
the....
Mr. Rodriguez: Thank you.
Mayor Suarez: ...I was going to say the largest open air festival in the
United States, Calle Ocho with very very few incidents. I think we are
expecting more than a million one or million two this year. Every year I
wonder how you put it off. Congratulations, and it receives no City funding by
the way, it's totally self supporting. And as you can see, they are putting
the money back into the community, which is magnificent.
Mr. Rodriguez: Thank you.
33. A. PROPOSED AMENDMENT TO CABLE TELEVISION LICENSE ORDINANCE: Discussed
and deferred for further information.
B. Deferred, as well, consideration of Agenda item 88 (discussion
concerning provision where Miami Telecommunications, Inc. provides the
City with an independent financial audit report.
Mayor Suarez: Item twenty...
Mrs. Kennedy: Thirty.
Mayor Suarez: Item thirty. Why should we reduce the number of days after the
due date of a delinquent cable television fee or charge that notice to
disconnect service is given to a subscriber, Sue?
Ms. Sue Smoller: Mr. Mayor, after a subscriber account becomes delinquent,
the company must wait 45 days before giving written notice to the subscriber
that they're in danger of being disconnected. Then the company waits ten more
days before they can actually go out and disconnect which is 55 days
altogether. The company is requesting the reduction of an additional 45 days
to 30 days, so there would be 30 days after the bill becomes delinquent, then
10 days written notice before the disconnect could be made.
Mayor Suarez: Is the company proposing that any time that your cable TV does
not - the message doesn't come in for any particular period of time, you can
send them a little notice to that effect and they will deduct that from what
you pay every month for example?
Ms. Smoller: Mr. Mayor, you might want to pose that question to Mr. Bellow,
the systems manager. However, the cable ordinance requires that a rebate be
given to subscribers only in the case that the system is out a consecutive 48
hours or 72 hours. So, on smaller interruptions, there is nothing that would
require the company to give a rebate in the ordinance.
Mayor Suarez: And that's... see, you give with one hand and get taken with
the other hand. I don't... see, if we had this restriction at the time, this
provision at the time, I imagine we had good reason for thinking 45 days was a
fair period of time, I don't know why we'd want to reduce it.
Mr. Tony Bellow: Well, Mr. Mayor, if I may. My name is Tony Bellow, I'm the
general manager of Miami TCI. The problem is that at 45 days, the bill has
reached the point where a lot of subscribers, it becomes a hardship for them
to pay the bill and we subsequently lose the subscriber. If we can notify
them at 30 days, that amount is much less and much easier for that subscriber
to pay their bill and we also have a much greater ease of getting our
equipment back and this reduces the cost to the company and it doesn't place a
hardship on the subscribers that pay their bills on time.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Manager, through you to Miss Smoller, what has been this
company's track record as far as minority participation?
Ms. Smoller: As far as minority participation
to the City, in its annual report, the amount
local minority companies that they have paid
year. As far as we can tell, in 1987, and,
1988 report yet, it's due today. As far as w
is in compliance with the City's ordinance.
because we've not received audited statements
it.
Mr. Dawkins: In 186?
each year the company submits
of money and the names of the
for services during the past
of course, we haven't received
e can tell in 1987, the company
We can't verify it, however,
that would enable us to verify
Ms. Smoller: In 186 the company was in compliance, air.
Mr. Dawkins: In 185?
100 January 12, 1989
Ms. Smoller: As far as I recall, the company was in compliance in 198S.
Mr. Dawkins: And the company had black and Latin people climbing up the
poles, connecting up the wires, they had black and Latin people owning the
companies that they sublet with. Is that... you saying that's a fact?
Ms. Smoller: That is my understanding, sir.
Mr. Dawkins: Huh?
j Ms. Smoller: As for as I recall, as far as I recollect, Commissioner
Dawkins...
Mr. Bellow: We can guarantee that, Commissioner.
Ms. Smoller: ... they were in compliance.
Mr. Dawkins: OK, how many Latins... OK, how many people in the top echelon of
TCI in Miami?
Mr. Bellow: We have four.
Mr. Dawkins: Four. How many are Latins?
Mr. Bellow: We have three.
Mr. Dawkins: How many of them?
Mr. Bellow: Three Latins.
Mr. Dawkins: How many blacks?
Mr. Bellow: No blacks.
Mr. Dawkins: How many women?
Mr. Bellow: One.
Mr. Dawkins: Out of four, one and three - that means white folks don't have
nobody.
Mr. Bellow: They have one.
Mr. Dawkins: Then you got five then?
Mr. Bellow: We have four...
Mrs. Kennedy: The woman is a Latin, right?
Mr. Bellow: The woman is a Latin. It's a Latin woman.
Mr. Dawkins: OK, go ahead.
Mayor Suarez: She gets counted twice.
Mr.
Dawkins:
All right, let's go a step - on the lower
level now from that
top
level.
How many people you got?
_ Mr.
Bellow:
We have 80 employees, sir.
Mr.
Dawkins:
Eighty employees.
.,
Mr.
Bellow:
Yes.
Mr.
Dawkins:
Above the custodial, you got 80 employees above custodians.
Mr.
Bellow:
We subcontract custodial work to a minority company.
Mr.
Dawkins:
All right, how many of the 80 employees are
rr,r
clerical?
'r4
Mr.
Bellow:
I can't answer that question at this time.
T' N
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Mr. Dawkins: OK. All right, then, you are the manager.
Mr. Bellow: Yes, sir. Newly appointed.
Mr. Plummer: No, that's not a correct statement according to a letter which I
received, you are not the general manager, sir, because, according to your
contract, they cannot change general managers without the City Manager's
approval, and no one has asked for that approval, so you're not the general
manager according to the letter I received from the City Manager.
Ms. Smoller: It's a courtesy.
Mr. Odio: It was not a requirement, it was a matter of courtesy that they
should have notified us of...
Mr. Plummer: I read in your letter, if I'm not mistaken, that...
Mr. Odio: We are telling them that they should...
Mr. Plummer: ...it was of the Manager's approval.
Me. Smoller: No.
Mr. Bellow: No.
Mr. Odio: No, I think you should get a copy of the letter.
Mr. Plummer: I'll go back and read it again.
Mrs. Kennedy: Well, let me...
Mr. Odio: I did write them a letter saying they should be more courteous.
Mrs. Kennedy: Let me tell you my problems that I have following Commissioner
Dawkins' remark. My office has received a lot of complaints and you have to
comply with the City's minorities and set asides, but that you give jobs to
minorities and then you replace these people and give them to another company
In either Alabama or another state. I have had numerous phone calls to that
effect and I have a serious problem with that.
Mr. Bellow: I'm not aware of that occurrence, Commissioner.
Mr. Dawkins: See, well you just got there. See, I've been sitting here with
this for six years, OK?
Mrs. Kennedy: Yes, newly appointed.
Mr. Dawkins: TCI, in my opinion, had the lousiest affirmative action track
record that they could have. As Commissioner Kennedy said, they had a Latin
firm as the installer, they fired them, they got rid of them.
Mr. Bellow: We have a new Hispanic firm.
Mr. Dawkins: Beg your pardon?
Mr. Bellow: We have hired a new Hispanic firm to do installations.
Mr. Dawkins: When?
—
Mr. Bellow: January 1. -
Mr. Dawkins: January 1?
Mr. Bellow: Yes, sir.
Mr. Dawkins: Have they received a check?
Mr. Bellow: I don't believe no.
r
Mr. Bellow: Well, they are doing the work for us now.
Mr. Dawkins: OK, when did they start, well when did they do the first one?
Mr. Bellow: January 1, they have a $25,000 contract with us.
Mr. Dawkins: Ms. Smoller, when was the minority firm OK'd as a minority firm
to that they could hire it?
Ms. Smoller: I'm not aware that there was another minority firm, OK?
Mr. Dawkins: Ma'am?
Ms. Smoller: Commissioner Dawkins, Adrienne Macbeth, who, I believe, is still
In the chambers, may be able to respond to your question. I don't see the
list of approved minority contractors and I've not received any information
from the company that there is another contractor that they are going to be
working with.
Mr. Dawkins: Well, you are the new general manager...
Mr. Bellow: Yes, sir.
Mr. Dawkins: ... and I will tell you, sir, that they got a lot of cleaning up
to do, OK? And Mrs. Smoller will tell you I've been trying to vote to take
their contract ever since I've been here and I cannot get three votes up here
to understand that this company is not concerned about anything but making
money and getting out of Miami. They're not concerned about the welfare of
the community. They're not concerned about hiring local people to put money
back into the community. In fact, every time they've hired installers and
what have you, it's outside... not only outside Miami, outside State of
Florida, and I have a problem with that. OK?
Mayor Suarez: How are we doing on the...
Mr. De Yurre: Mr. Mayor, a couple of other questions since he's here at this
point in time. It is my understanding that all City facilities have to be
cable ready.
Mr. Bellow: Correct, sir.
Mr. De Yurre: OK. The Miami Arena is not cable ready and we just don't have
that facility.
Mr. Bellow: I'm not aware that the City has requested. If it has, we will...
Mayor Suarez: We just did, I think.
Mr. Bellow: ... we will do it, I promise.
Ms. Smoller: Yes.
Mr. De Yurre: So, it's requested. That's number one. Another thing, many
People, many residents in our City of Miami have been asking to be able to
watch the Heat on sports channel. We can't watch the Heat, our own basketball
team, we can't watch it because there's no sports channel on cable.
Mayor Suarez: We have to beg our friends in Coral Gables to let us into their
homes and hope that they have cable so we can watch our own team.
Mr. De Yurre: We got to go to his cousin's house.
Mayor Suarez: Right. He let's me in.
Mr. De Yurre: So, that's another... now, my understanding is that there's -
nothing going on that we will not get sports channel for the City of Miami
because it's too costly or they're just not economically feasible and yet it's =
— our residents that lose out.
Mr. Bellow: We're negotiating with sports channel, air.
103 •�+taaxy l
Mr. be Yurre: Yes, well my understanding is that negotiations are over and
we're not going to get it.
Mr. bellow: That's not correct, we are...
Mr. De Turret OK, good.
Mr. bellow: ... ongoing negotiations.
Mr. De Yurre: I'm glad you're still negotiating because I want to make a
motion right now to defer this item and there's another item - which is the
other number you have?
Mr. bellow: Eighty-eight.
Mr. De Yurre: Eighty-eight. Defer that number until we two things, we get an
investigation and report back to the Commission as to this minority
participation situation because I've heard the same comments that Rosario's
heard about outside companies coming in and doing all this kind of thing.
That's number one. Till we get the Arena cable ready and till we get final
response on the negotiations for the sports channel.
Mrs. Kennedy: Let me second that motion because that was my intent also and,
Ms. Smoller, what is happening with the internal audit?
Ms. Smoller: Yes, Hattie, do you want to respond to that?
Ms. Hattie Daniels: Are you speaking to item number 88?
Mrs. Kennedy: Yes.
Ms. Daniels: OK, we do not do the certified financial audit, not the City
staff. That's supposed to be done by an outside, independent auditor and
that's the item that the company does not want to provide.
Mrs. Kennedy: Does not want to provide.
Ms. Daniels: Want to provide, yes.
Mrs. Kennedy: Of course, they have to.
Mayor Suarez: You know, I think what we're getting at, Mr. Bellow, is that
there are certain companies that we work with that have City, in this case of
City's right of way, and a monopoly, in effect, that work with us. They pitch
in to help in community matters and there are some companies that act as if
they didn't need us at all, and occasionally with your company, it's been push
and shove to get them to do some of the things that show and that we may very
well have a right to legally to demand but, in addition to that, to show a
certain amount of good will and willingness to support the community. And j
that is why I'm going to vote with the motion and I want to have you take that
back, our message back, to your principals that we do get a lot of complaints,
we try to explain to them that, you know, certain things are expected. Your
proposal to change the amount of time that is needed before you notify of
discontinued service and so on and try to take the equipment back, may make
sense or may not. But we want to see something in return by way of
cooperation. It's very embarrassing to constantly be asked about the company
and have to defend them when we don't see enough cooperation on your part.
Mr. Plummer:
When I
give
you a
copy of the Manager's letter which went to
Denver, you might
not
have
seen,
I think it demands a reply. You just keep
that.
Mayor Suarez:
OK, we
have
a motion and a second to defer.
Mrs. Kennedy:
Yes.
Mayor Suarez:
Call the roll.
Mr. Plummer:
Is that
both
items?
Mrs. Kennedy:
Yes.
104att4dr'y s
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Ths following sotios was introduced by Vice Mayor be Yurre, who stoned
Its idoptioet
MOTION NO. 89-31
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEMS NO. 30
AND NO. 88 UNTIL:
1. AN INVESTIGATION AND REPORT BB RECEIVED BY THE CITY
COMMISSION CONCERNING TCI'S MINORITY PARTICIPATION
INITIATIVE;
2. CABLE FOR THE SPORTS ARENA IS IN PLACE, AND
3. THE CITY COMMISSION CAN HAVE FINALIZED NEGOTIATIONS
FOR THE SPORTS CHANNEL.
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
NOESt None.
ABSENT: None.
34. (Continued Discussion) SECOND READING ORDINANCE: Amend Code Chapter 18
(Finance) redefine term "Minority and Women -owned Business
i Enterprise", etc. and define guidelines for the award of City contracts
with specified percentages allocated to minority and women -owned small
businesses, etc. (See label 29).
Mayor Suarez: Commissioner Dawkins wanted to bring back item 28, real quick.
Mr. Dawkins: Mr. Mayor, Adrienne and the lawyers told me that...
Mayor Suarez: Solve that wording?
Mr. Dawkins: No, they have to solve the wording and that we should pa... it's
their feeling that we should pass this and look at it and if it doesn't work,
then come back and try to adjust it so I'll move it. I mean, Rosario...
Mrs. Kennedy: Yes? Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance once
again. Call the roll.
A
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AN ORDINANCE
46 t
AN ORDINANCE AMENDING CHAPTER 18, ENTITLED "FINANCE",
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY REDEFINING THE TERM "MINORITY AND WOMEN -OWNED
BUSINESS ENTERPRISE AND DEFINING THE TERM "VENDOR" IN
SECTION 18-68; REQUIRING IN SECTION 18-72 THAT THE
GOAL OF AWARDING AT LEAST FIFTY-ONE PERCENT OF THE
CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL PROCUREMENT
EXPENDITURES TO MINORITY/WOMEN SMALL BUSINESSES BE
APPLIED TO ALL CITY OF MIAMI BIDS AND CONTRACTS;
REVISING SECTION 18-73 TO PROVIDE THAT ALL CITY OF
MIAMI INVITATIONS, REQUESTS AND/OR ADVERTISEMENTS FOR
BIDS, PROPOSALS, QUOTES, LETTERS OF INTEREST AND/OR
QUALIFICATION STATEMENTS CONTAIN THE APPROVED
MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE)
PARTICIPATION REQUIREMENTS PURSUANT TO CITY OF MIAMI
ORDINANCE NO. 10062 - MINORITY/WOMEN BUSINESS AFFAIRS
AND PROCUREMENT PROGRAM; REQUIRING THAT ALL RESULTING
AWARD AND/OR CONTRACT DOCUMENTS CONTAIN THE REQUIRED
COMPLIANCE FORMS RELATIVE THERETO; REVISING SECTION
18-73(5) TO EXPAND UPON THE AFFIRMATIVE ACTION
REQUIREMENTS FOR ALL CITY BIDS AND CONTRACTS; ADDING
SECTION 16-76 AUTHORIZING ADMINISTRATIVE DEPARTMENTS
TO ESTABLISH THE REQUIRED ADMINISTRATIVE PROCEDURES TO
INSURE COMPLIANCE WITH THE CODE; FURTHER, PROVIDING
FOR RESOLUTION OF DISPUTES REGARDING WITHHELD PAYMENTS
OF CONTRACTORS AND SUBCONTRACTORS AND FURTHER ADDING
SECTION 18-77 DESIGNATING THE DIRECTOR OF THE OFFICE
OF M/WBE AFFAIRS AS THE CITY OFFICIAL RESPONSI&JLE FOR
ESTABLISHING AND IMPLEMENTING M/WBE BID AND CONTRACT
PARTICIPATION REQUIREMENTS, COMPLIANCE GUIDELINES, AND
MONITORING AND REPORTING PROCEDURES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 15,
1988, 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 J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10538.
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.
Ms. Adrienne Macbeth: God bless you, Mr. Mayor.
166 January
rr
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35. EMERGENCY ORDINANCE: Amend Code Chapter 39 - repeal Section 39-12.1 in
its entirety thereby doing away with the requirement for liability
Insurance from street vendors.
Mr. De Yurra: Mr. Mayor.
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: If we could bring up item number 82 at this time, it's called
for after 3:00 o'clock and I think many of the people here have to do with the
street vendor issue. Mr. Rafael Padilla.
Mayor Suarez: It would certainly help our proceedings to resolve whatever
item it is that has brought these many people into...
Mr. De Yurre: That, in conjunction with number 20.
Mayor Suarez: I think it's 82.
Mr. Plummer: Mr. Mayor, before this gentleman starts, I got to ask some
questions. I sat through three public hearings in matters relating to
vendors. At no time, did I ever, ever hear the inclusion of ice cream vendors
or meals on wheels as part of the proposed ordinance.
(Applause)
Mr. Plummer: I want to know where suddenly this thing came from. I thought
it was quite clear that the thrust that was being made, at least on my part,
was not directed except to those people who were existing on City owned public
right of way that they were entitled to pay the City rent and were to
indemnify the City against lawsuits. The ice cream vendors, not the meals on
wheels, in my estimation, never came under that category. They pull on
private property, they don't sit still and what I'm asking is, where suddenly,
out of a clear blue sky, someone has suddenly included ice cream vendors and
meals on wheels. I don't know where it comes from. Yet, it has been rumored,
for what it's worth, that I was the culprit and I didn't even know about it.
Now I'm asking, on the public record, where that suddenly came from? Mr.
Manager.
Mayor Suarez: Or Mr. City Attorney, which ever.
Mr. Plummer: Who ever, where this inclusion came from.
Joel Maxwell, Esq.: Mr. Mayor...
Mr. Plummer: Because I want to tell you something.
Mayor Suarez: The Manager knows nothing about this.
Mr. Plummer: What?
Mayor Suarez: Mr. City Attorney. No, he said he didn't know, so...
Mr. Maxwell: Mr. Plummer and Mr. Mayor, members of the Commission, the
vending amendments that you have passed in the past and the vending ordinance
itself applies to commercial activity on public streets and sidewalks of the
City. Under the definition of vending, it specifically indicates and defines
vending as that activity that occurs on public streets and highways to the
extent that the activities that you have pointed out occur within those areas,
they fall within the purview of the vending ordinance and, therefore, would
have to satisfy the requirements that you've passed.
Mr. Plummer: Well, I've asked you to prepare for today, I called you in
advance, to exempt those two from this so-called ordinance. The thing that
I'm questioning in three public hearings, before this Commission, never once
was the ice cream vendors of the meals in wheels ever, ever mentioned.
Mr. Maxwell: That's correct, Mr. Plummer.
1
107
4
Mr. Plummer: Why?
•
Mr. Maxwell: You talked about vending activity and that, to the extent again,
as I mentioned, that those particular activities occur within the public right
of way, they constitute vending activity. You never indicated any specific
activity, that's correct, but...
Mr. Plummer: But don't you think that we, the Commission, should have been
notified before we read about it in the press?
Mr. Maxwell: I don't know that that was ever an issue, Mr. Plummer.
Mr. Plummer: It wasn't an issue and suddenly it is in the newspaper.
Mr. Maxwell: That's because those individuals probably determined that they'd
be affected by it.
Mrs. Kennedy: Yes, but you can't determine whether it's an issue or not.
Everything we deal with is an issue.
Mr. Maxwell: We didn't point out specific activities, Madam Kennedy.
Mr. Plummer: Well, have you prepared what I asked you to prepare, the
ordinance exempting the ice cream vendors and the meals on wheels?
(Applause)
Mr. Plummer: Have you prepared such?
Mayor Suarez: I think the momentum is on your side, so please let us complete
our deliberations.
Mr. De Yurre: Mr. Mayor...
Mayor Suarez: Commissioner.
Mr. Plummer: Well, wait a minute, I've asked for an answer. Have you
prepared the document which I called your office and asked you to prepare?
Mr. Maxwell: Mr. Plummer, we have not prepared the item, we have researched
it and prepared a response for you in response to your request and I'd like to
give you that response now.
Mr. Plummer: Excuse me, whoa, whoa, whoa. Jorge, when did I talk with you?
Mr. Jorge Fernandez: Yesterday or the day before.
Mr. Plummer: On Monday.
Mr. Fernandez: Yes.
Mr. Plummer: And I asked you, at that time, to prepare such an ordinance or
prepare whatever the legal necessary was. Doesn't it seem feasible that
somebody would come back and tell me that you've done research and that you
didn't have it prepared? I'm sitting here expecting your answer to be yes. I
asked you to do it and no one got back to me. I thought it was a positive
statement.
Mr. Maxwell: If I may, Mr. Plummer, in order to exempt any particular
activity, there must be a rational basis for exempting that activity or that
would be considered an arbitrary and capricious activity on the part of the
City and not defensible. Very recently, the U. S. District Court in an
activity involving vending activity, within the public right of way, found
that the exemption of certain activities and without excluding other
activities, was such an individual in defensible position? What they had
done, was to allow eleemosynary type activities to occur within the -public
right of way but had excluded, or made illegal, the selling of newspapers.
Mayor Suarez: Charitable, charitable, charitable, charitable.
Mr. Maxwell: Charitable then, so you know...
106
4
•
Mayor Suarez: Thank you.
Mr. Maxwell: Charitable activities and the district court, federal court,
found that was not legal. In this part...
Mayor Suarez: He gets very technical like that every once in a while and
comes up with one of these words like eleemosynary or whatever.
Mr. Maxwell: It's our opinion that if this Commission were to exempt these
activities and allow them to occur within the public right of way, this
ordinance would also be indefensible and illegal.
Mr. Plummer: It is my understanding, that in particular with the meals on
wheels, they pull onto private property construction sites and that's where
they sell their wares. The ice cream, basically, does the same. I see an
entirely different rationale between that and a vendor who sets his cart on a
sidewalk for eight hours a day. There's no comparison between the two.
Mr. Maxwell: You're right, to the extent that they conduct their
activities...
(Applause)
Mr. Plummer: All right, then or what - let me play lawyer then, for minute.
I got a client for my own - got a fool for a client. Are you saying to me
then that in this particular case, we need to take these two classifications
and create a new classification other than vendor?
Mr. Maxwell: No, sir, what you said was, you see no difference... you don't
see anything wrong with pulling onto private property and doing it and that's
right. The vending ordinance doesn't control activity on private property.
If the luncheros pull onto private property off of the street, off of the
public right of way and conduct their activities, they don't fall within the
purview of the vending ordinance and no insurance would be necessary. It is
only when they conduct their business on the public right of way that that
requirement would be necessary.
Mr. Plummer: Yes, but let me tell you, there is a big difference, and I get
back to the same point, there is big difference for a man who pulls off to the
side of the road for two minutes and sells his ware and gone as opposed to a
man who sits there for eight, ten or twelve hours a day. And I just, you
know, that's what they pay a license for, an occupational license and I know
the hot dog vendors have made a point, will they pay an occupational license?
But there's a big difference, in my estimation, between the two, a big
difference. And I'm telling you that there is no way that I feel that this
City is entitled to rent or to be indemnified from these people as I have that
very strong feeling for the other side which is the people who are there eight
to twelve hours a day. So that's my feeling. Thank you, Mr. Mayor.
Mayor Suarez: OK, thank you, Commissioner.
(Applause)
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Commissioner, I mean Mr. Vice Mayor.
Mr. De Yurre: I listened to all that's going on here and it's really exciting
and everybody's into it and it's great. I'll tell you what, if we are '.going
to exclude the ice cream vendors and the people that sell the food in their
trucks...
UNIDENTIFIED SPEAKER: Lunch trucks.
Mr. De Yurre: ... to the different... if we're going to do that, then I'm
ready to make a motion that we forget about this insurance business for
everybody and the hell with it.
(Applause) LLn
�d!
Mr. De Yurre: Because I, me an attorney... ;
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Mr. Plummer: Aw, that's...
Mayor Suarez: There used to be a television game where they Mould rate the
applause, you know, I think we're... but we don't have that here so it helps
us if you allow us to go ahead with our deliberations.
Mr. Dawkins: All right, well let's do this. Let's get out of here. I second
the motion. Let's get out of here. I second your motion.
Mr. Plummer: Now, is that excluding the people...
Mrs. Kennedy: Everybody.
Mr. Dawkins: Everybody, that's - either you have insurance for everybody or
Insurance for nobody.
Mr. De Yurre: Nobody has any insurance requirement.
Mrs. Kennedy: I have no problems with that either.
Mr. Dawkins: OK, all right, then.
Mayor Suarez: So moved and seconded. Any further discussion from this
Commission?
Mr. Plummer: Ysit a minute, whoa, under discussion.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: I've still got a problem with those people who are existing 8 to
12 hours a day with propane tanks on their thing and they're... as it stands
right now, they are required to have insurance in the County. And they do
provide such insurance in the County. I don't know about meals on wheels or
the ice cream vendors, what insurance, I'm sure as normal legitimate business
people they've got to carry some kind of liability for their own protection.
But I have, as long as I'm concerned, that the City is indemnified from any
lawsuit that might exist on public right of way, I think this Commission has
to demand that. We demand it of everybody else, of all of the street - not
street, the sidewalk cafes - you have got to have some protection to this City
of insurance, the people that are using it, day in and day out for eight and
twelve hours for protection. I don't see how you can make a motion to say
this City goes unprotected. It just doesn't make sense to me. It's not the
same, it's two different situations as I see it.
Mayor Suarez: Actually - well, I'm sorry, Commissioner.
Mr. Dawkins: Mr. Mayor, the ice cream vendor, he has insurance to protect his
truck, he has liability in case he runs into somebody, it's liable. The
gentleman with the food truck, he has liability for the truck, he has
liability if he hits someone, he has liability, in fact, he even told me that
they have the food service, quote, unquote, has to have liability that if you
get ill from the food, that you do not sue the gentleman with the truck, you
sue the guy who provided him with the food. Is that a true statement?
UNIDENTIFIED SPEAKER: That's correct.
Mr. Dawkins: Now, if that's a true fact, those hot dog stands are not pulled
by hand. They are pulled by automobiles. So an individual with an automobile
should be told to go and get enough coverage on his quote, unquote, liability,
or whatever, on his automobile just like these gentlemen do so that he'll be
covered with the vendors, J.L., and that'll satisfy - I mean that satisfy
everybody.
Mr. Plummer: The point I'm making is that the hot dog vendors presently have
no insurance at all.
Mr. Dawkins: He's got to have insurance on his...
Mr. Plummer: No, they don't have insurance at all.
f
110 Jamaary 12.E94 , .,
Mr. Dawkins: He's got insurance on the vehicle that pulls his thing up there.
What you call that thing you serve hot dogs from!
Mr. Plummer: A trailer.
VNID$NTIFIED SPEAKER: A wagon.
Mr. Dawkins: Yes, he's got it, he's got insurance on the truck because I've
seen some of them, J. L., that's got six of these things behind it. And I
hope he's got insurance.
Mr. Plummer: And all they've got to do is indemnify the City. That's all.
Mr. Dawkins: Well, on that policy. Don't go by...
Mr. Plummer: On that policy indemnify the City. That's what I've said all
the way along.
Mr. Dawkins: But don't go and add another... go purchase more insurance which
will cut down on his profit margin, you know, and he have to go out of
business.
Mr. Plummer: It's never been that.
Mr. Dawkins: OK.
Mrs. Kennedy: I would like to ask the City Attorney if we have ever had any
claims from any of the food vendors or anybody?
Mr. Maxwell: Commissioner Kennedy, I'm not aware of any claims.
Mrs. Kennedy: So there, there has been no history.
Mr. Plummer: Well, you know, you had... no, no, you had one in the Grove, I
know of where there was a car hit.
Mayor Suarez: Time and time again we've asked the question and we always get
the answer, we don't know of any claims, we don't know of any accidents that
have resulted, so why do we even have this requirement? Any how, anybody else
on this?
Mr. De Yurre: That's it, I just... Matty needed, my motion is to rescind
totally the whole concept of the insurance ordinance and it was seconded by...
Mayor Suarez: Provisions requiring insurance would be...
Mr. Plummer: But that does - I'm sorry.
Mayor Suarez: ... would be eliminated from the ordinance.
Mr. Plummer: As long as they indemnify the City through their present policy.
Mr. De Yurre: All they have to do is those that have automotive insurance,
all they have to do is name the City as an additional insured.
Mr. Plummer: Ahhh, fine.
Mr. De Yurre: That's no extra cost. =?
Mr. Plummer: Fine. If they don't have any insurance, they can't exist'
because if they don't have insurance, they can't indemnify the City.
Mr. Odio: Wait a minute, Commissioner, they cannot drive if they don't have
insurance. I mean they have to have insurance.
Mrs. Kennedy: Right.
Mr. Plummer: Indemnifying the City, the vendors, the hot dog vendore '{>
presently, as I understand it, do.not have insurance. F ,
c,
Mr. Maxwell: Mr.,..
F'.
Ab
Mayor Suaress And, by the way, they can, this...
Mr. Plummo rs You can't indemnify somebody if you don't have insurance to
begin with.
Mayor Suarers And, Mr. Manager, the state law now is only requiring P.I.P.,
It's not requiring liability, so you can drive without liability.
UNIDENTIFIED SPEAKER: Mr. Commissioner, is this ordinance imply the lunch
truck drivers and the hot dogs, I mean, and the ice cream vendors?
Mr. Plummer: No.
UNIDENTIFIED SPEAKER: Or is only the hot dog vendors?
Mayor Suarez: As I understood the motion, it will eliminate requirements of
Insurance for everybody that would be covered by this ordinance.
UNIDENTIFIED SPEAKER: Yes, but you have to, you know, indemn the City by
having the insurance...
Mayor Suarez: I'm not sure that that - was that accepted as part of the
motion?
Mr. De Yurre: Well, no, we're discussing that and right now it's not.
Mayor Suarez: Just wait to see.
Mr. Maxwell: Mr. Mayor, could we have our insurance department respond to
that motion please?
Mayor Suarez: Sure.
Mr. Maxwell: The issue of the auto insurance.
Mr. Segundo Perez: Would you please repeat the question.
Mr. Plummer: I didn't ask the question.
Mr. Maxwell: What the Vice Mayor's proposing, I suspect, may be a distinction
without a difference. What he's done, if you didn't hear the motion, is
suggest or move that the luncheros or the ice cream vendors include the City
as an additional insured in their auto insurance.
Mr. Segundo Perez: The operations of those that sell food from a moving
vehicle is different from those that sell from a quotes, hot dog cart, if I
may use that.
Mr. Plummer: Exactly ✓hat I've been saying.
Mr. Perez: If you add the City as an additional insured on a commercial...
Mr. De Yurre: Segundo, Segundo, hold it a second.
Mr. Perez: Yes.
,.a
Mr. De Yurre: Listen, what we're talking about here then, everybody in the
street would have to name the City as an additional insured, if you're driving _
in our streets so that doesn't make any sense. -
Mr. Plummer: But if they'd had insurance....
Mayor Suaraz: And by the way, that doesn't apply to liability insurance, by
the way.
Mr. Plummer: That's exactly the point.
Mayor Suarez: You don't just add people to insurance when you're talking_`
about liability insurance. You can do that in life insurance, maybe, or...
Mr. Plummer: It's the liability that I'm concerned about."
112 January
Mr. Odio: The City'$ not liable if they have an accident and hurt someone,
Commissioner.
Mr. Plummer: No, the point that I'm trying to make, look, by virtue of the
discussion before this Commission, OK?- the City is in an effort is almost
allowing them to exist on public right of way. We're not prohibiting it. OK?
They are existing on public right of way through our graces.
Mr. Odio: No, sir, they're going from - you're talking about the lunch
wagons?
Mr. Plummer: No, I have said from the beginning...
Mr. Odio: OK, OK.
Mr. Plummer: ... the lunch wagons and the ice cream were different.
Mr. Odlo: OK, why don't you do this then, Commissioner? The lunch wagons are
covered, they have their insurance. If they have an accident, it's their
problem, leave them out of the City completely.
Mr. Plummer: No problem. No problem.
Mr. Odio: Fine, that's it.
Mr. Plummer: OK? The problem that I have is the ones who are existing on
City right of way. They're the ones who have to have some indemnification to
protect the City.
Mayor Suarez: I may be missing something, but I could have sworn that I heard
a motion that would bring us back, and a second, that would bring us back to
the state that we were in before all of this started as to the issue of
Insurance. In other words, we regulate this, we specify certain areas of the
City for certain kinds of vending, but we impose no insurance requirements
whatsoever, leaving whatever insurance requirements there are up to the state
which has certain requirements for motor vehicle insurance, and other...
Mr. Plummer: A cart is not a motor vehicle, that's my point.
Mayor Suarez: Then, we're not involved in that. We're leaving up to state to
make requirements from motor vehicles and otherwise staying out of the
insurance regulation area for vending in the City at this point. We were like
that before and we're proposing to go to that same state right now.
Mr. Plummer: Mr. Mayor, that is not a true statement and let me tell you why
it's not a true statement. Everyone of the sidewalk cafes that are existing
in Coconut Grove, they are mandated, as I was told, if I'm wrong, you correct
me - that they have to provide the City with a one million dollar liability
policy. Am I right or wrong?
UNIDENTIFIED SPEAKER: That is correct.
Mr. Plummer: OK. So we do regulate. Yet, we are saying...
Mayor Suarez: I see that as a totally different
situation where we allow
somebody to appropriate, for exclusive use, because
they put the tables out
there and the chairs out there permanently, City property,
and we have all
kinds of potential liability from that. I don't think we have that from their
operation and that's why I'm ready to vote with this
motion.
Mr. Plummer: I'm saying, what is the difference in
the carts that stay in a
stationery position for eight to twelve hours a day?
What is the difference?
Mayor Suarez: The carts typically do not impede
the flow of pedestrian
traffic or they're not supposed to.
_ Mr. Plummer: Have you been over to the court?
Mayor Suarez: Sure.
Mr. Plummer: There are eight courts in the front of
the...
tad
art
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Mayor Suarez: I have so problem going around them. They've never bothered
so, you know.
Mr. Plummer: You can't even walk on the sidewalk.
Mayor Suarez: And I'm happy that they're there because then I can buy a hot
dog without going too far. I mean, I don't...
Mr. Plummer: Well, Mr. Mayor, let me...
(Applause.)
Mr. Plummer: I would ask the maker of the motion if he would, to break it
down into two parts. I have stated before and I will state again, that the
Ice cream vendors and the meal on wheels be exempt because they are already
covered by insurance and that I can vote favorably for. To allow others to
exist on City property without any kind of liability insurance is all I have
to vote against and I would ask the motion be made into two parts so that I
can vote and reflect with the point that I'm trying to make.
Mr. De Yurre: If you want me to make a motion to exclude the ice cream
vendors and the meal on wheels, firstly...
Mr. Plummer: Correct.
Mr. De Yurre: ... so you could vote positively on that and then I'll make a
motion to rescind the whole thing and you can vote against that.
Mr. Plummer: Well, OK, Victor... but the reason I'm asking is, I had asked
the City Attorney to prepare such and have it ready here for today.
Unfortunately, he did not. OK?
Mr. De Yurre: Well, it's not necessary because we're going to do away with
the whole thing. So there's no need to amend something that's not going to
exist.
Mr. Plummer: OK, you do it however you want, I just make my point very clear.
Mr. De Yurre: No, it's understood.
Mr. Plummer: As far as I'm concerned, for the final time, the ice cream
vendors and the meals on wheels should be exempt and I'm only addressing those
who are on a fixed location for eight to twelve hours a day who are existing
on City right of way without indemnifying, I think is wrong, and because of
that, if that is the motion, I would have to vote against the motion, but I
still want to exempt the ice cream and the meal on wheels.
Mr. De Yurre: OK, so the motion stands.
Mayor Suarez: OK, we have a motion and a second. Is there any further
discussion? Call the roll.
Ms. Hirai: We need a second on Commissioner De Yurre's motion.
Mr. Dawkins: I seconded it.
Mayor Suarez: Is it an ordinance or an amendment of an ordinance?
Mr. Maxwell: It would have to be an ordinance and I would suggest if it is,
It's an emergency ordinance. That would amend section 39 of the code by
repealing section 39-12.1 in its entirety.
Mayor Suarez: The nature of the emergency, as I understand the motion, is
that otherwise we're going to put out of business a lot of people who are
making a living and it's...
Mr. Dawkins: You know, Mr. Mayor... hear, Mr. Mayor..
Mr. Plummer: Well, all right, let me - may I understand one other thing?
Mr. Dawkins: Go ahead, J.L.
. doh
114 1aAuary 12, 1980 ,'
Hr. Plummer: When you exclude everybody now, you're also than, Prom the way �
understand it, everybody means all of the sidewalk cafes...
Mayor Suarez: No, no.
Mr. Plummer: He said everybody, excuse me.
Mayor Suarez: Nope, hope, hope, the people to whom the ordinance applies
which does not include the sidewalk cafes.
Mr. Plummer: So then, the sidewalk cafes will still be insured?
Mr. Maxwell: Teo.
Mayor Suarez: Whatever the regulations are as the sidewalk cafes, they're
complying with.
Mr. Plummer: OK.
Mr. Maxwell: Can I give you something for nature of the emergency, Mr. Mayor?
Mayor Suarez: Too, I think that...
Mr. Maxwell: On January...
Mr. Dawkins: Mr. Mayor, let me say something, please.
Mayor Suarez: Commissioner Dawkins.
Mr. Plummer: The nature of the emergency to take away the insurance, I can't
believe it.
Mayor Suarez: And we will define the emergency.
Mr. Dawkins: No, we have one of an unemployment problem in the City of Miami.
And we have people who get up like these individuals who go out and determine
not to take a hand out to ear a living and if we were, in my opinion, to pass
the law for the hot dog stands, we would, no doubt, take a guy who's earning
money to take home to feed a family out of a job. That's the emergency.
Mayor Suarez: Although, I agree with that and I agree with the thrust and I'm
going to vote with it as I felt all along, but I will say this, and there may
be a point, and I just don't find that we have reached that point in which the
proliferation of street vendors is simply at a point that we have to begin to
regulate and cut back or at a point at which the competition with people who -
are paying for their own establishments is so high that the Commission has to
review this matter, but I don't feel we have reached that point. That's why
I'm going to vote with the motion.
Mr. Dawkins: And I think, Mr. Mayor, that the quote, unquote, hot dog
vendors will realize the seriousness of not havinginsurance and
Bo get some..
Because why should a guy lose his five or six trucks, you know, for one
accident when he could go get some insurance and cover himself? So I think
it'll work itself out.
Mayor Suarez: Call the roll.
Ms. Hirai: It has to be read, excuse me, it has to be read. The instrument,
has to be read, the ordinance.°
Mayor Suarez: And then they got to wait like everybody also.
Mrs. Kennedy: Call the roll. r_
AN ORDINANCE ENTITLED- s.
AN EMERGENCY ORDINANCE AMENDING CHAPTER 39 OF THE COD tw
OF THE CITY OF MIAMI, FLORIDA, ST REPEALING SECTION°Y*
39-12.1 IN ITS ENTIRETY. {
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Vas introduced by Vice Mayor be Yurre and seconded by Cea issionsr
Dawkins# for adoption as an emergency *about* and dispensing with the
{}` requirement of reading same on two separate days, which was agreed to by the
following vote:
AYESe Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
!Mayor Xavier L. Suarez
NOBS* Commissioner J. L. Plummer, Jr.
ASSENT: None.
Whereupon the Commission on motion of Vice Mayor De Yurre and seconded
by Commissioner Dawkins, adopted said ordinance by the following votet
AYESt Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
MOSS: Commissioner J.L. Plummer, Jr.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10539.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission,and
to the public.
COMMENTS MADE DURING FIRST ROLL CALL:
Mr. Plummer: Based on my comments before, I have to vote no. Kt
COMMENTS MADE DURING SECOND ROLL CALL:
Mr. Plummer: Yes - no. You got me confused.
Ms. Hirai: You vote no?
Mr. Plummer: I vote no. For the reason so stated.
COMMENTS MADE FOLLOWING ROLL CALL: ''xz
Mayor Suarez: Now, please, as you walk out, give us an. opportunity to go on-
to the next item and go out and make a lot of money and pay your taxes to the
City and the federal government and everybody also you're supposed_ to pay
them.FT
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(Applause) -
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36. A. REQUEST GREATER MIAMI HOST COMMITTEE to favorably consider Lsnding
the Greater Miami Opera for a free public performance of "La Boheme".
B. Designate April 27, 1990 as one of 30 days reserved for City use of
Bayfront Park (Ord. 10348) in connection with the staging of the 7th
Worldwide Madame Butterfly Competition hosted by Greater Miami Opera.
Mrs. Kennedy: Mr. Mayor, could we take up the Greater Miami Opera item at
this point?
Mayor Suarez: Yes, Commissioner Kennedy.
Mrs. Kennedy: Bob, what number is that? What number?
UNIDENTIFIED SPEAKER: Seventy-one. Seven, one.
Mayor Suarez: This is one of the few times that attorney Bob Traurig is here
on purely charitable basis, although I think your family would probably agree
that the other things you do have a charitable implication to them, but...
Mr. Dawkins: You mean to tell me he does not have to register this time?
Robert Traurig, Esq.: I hope not, sir, because I haven't done it. Mr. Mayor,
I don't know whether or not anyone's going to make a presentation preceding
this. If no, I'll sit down again and basically item 71 is for the purpose of
requesting $31,500 - five hundred and four dollars, to be exact, for a free
public performance of La Boheme in Bayfront Park on April loth. Now, that's
an unusual number of dollars but I'd like to explain the derivation of it.
Two years ago, this Commission appropriated $50,000 for the opera with a
mandate that that money be utilized to provide a bunch of tickets at each
performance for young minority attendees of the opera. And what happened is
that the tickets were distributed as we thought they should have been, through
the Dade County Public School system, but when the City did the audit, they
determined that some of those tickets went to students who were not City of
Miami students and, therefore, there was a reallocation of the appropriation
and the ultimate distribution by the City was only eighty - eight thousand
four hundred and ninety-six dollars. We, therefore, would urge that the
$31,504 be considered by you for another major public offering by the opera
and that would be this free performance for all of the citizens of the City of
Miami which will be staged, as I said, this April. And we urge you to approve
that which is really just the utilization of the funds that had one time been
appropriated by the City.
Mayor Suarez: Does that make any sense from the Manager's standpoint? Is he
saying that we're just applying monies that we already have appropriated, is
that what you're saying?
Mr. Traurig: That's what I was saying. I would like to introduce some
people, Mr. Mayor. Standing to my right is Willie Waters, our conductor, who
can explain the program. Standing to my left is Bill Connor, who is
associated with the opera in connection with development.
Mayor Suarez: Before we get too far...
Mr. Traurig: Bob Herman, known by everyone, is sitting in the audience.
Mayor Suarez: Before we get too far, is he saying that we've already
appropriated these funds and then that's just a matter of allocating them or
directing them for a particular use, is that what I'm hearing?
Mr. Odio: They were allocated, $8,496, because they lacked, they really did
not comply with what they had agreed with the City in the ticket distribution
to City schools. So, instead of the forty thousand, they were supposed to
get, it was decreased to 46,496 because of the non compliance with what they
agreed here to do when they came here for the grant.
Mayor Suarez: And so now they're asking for the grant to be reinstated with
the proviso that they now will comply for the upcoming season with the
requirements of... is that...
117 January 12, 1989
Mr. Odio: Right now, actually, they are not included in the festival
ordinance. They were excluded out of that and there is no monies allocated
there for this - the same as it wasn't any for the Miami City Ballet.
Mr. Traurig: Let me back up a bit, Mr. Mayor. The Manager's right, the
$40,000 initially was appropriated not for this year. We used the tickets
that we were charged to distribute to the minority students by distributing
them through the school board and when the City made the determination that
most of those tickets went to people who were not within the City, the City
then reduced the amount that was actually paid over to the opera. That is
past history. Last year and this year we are distributing the tickets
properly and we will have, you know, our papers ready for audit by the City
which will then be able to determine that the distribution was done properly.
What we are saying is that it had been anticipated that $40,000 would be
distributed a year and a half ago. Since that money wasn't distributed, what
we have done is to say, we only got eight thousand dollars of it, give us back
the 32 thousand dollars that we would have gotten had we done it properly
then. But not for the same purpose. We are providing for the citizens of the
City of Miami a major performance of La Boheme in Bayfront Park. We are
suggesting to you that since it benefits all of the people of the City of
_ Miami, including the minority population of the City of Miami, it would be in
the interest of the City to make this appropriation to make that possible. We
urge you to consider that.
Mr. Plummer: What is the Manager's recommendation? What is the Manager's
recommendation?
Mr. Odio: Denial of funding just the same reason I had this morning with
Miami City Ballet. We have no fundings allocated for this project and we
don't have it in the budget and we just don't have the money.
Mayor Suarez: Are we saying that we have dropped this entity like forever
from our festivals?
Mr. Frank Castaneda: No, no. No, no.
Mr. Odio: No, no.
Mr. Frank Castaneda: They're getting money under the festival ordinance but
this is in addition to what....
Mr. Odio: This is in addition to.
Mayor Suarez: Mow much are they getting under the festivals ordinance this
year?
Mr. Castaneda: Around *30,000, I believe. Is that correct?
Mayor Suarez: Based on the 20 percent reduction every year?
Mr. Castaneda: Reduction, right.
Mr. Plummer: Yes.
Mayor Suarez: No room at the inn. It's a quote from our esteemed City
Manager in today's paper, I think.
Mr. Plummer: Oh. you mean Reverend Odio?
Mayor Suarez: Reverend Odio. Joan of Arc, Odio.
Mr. Odio: I reject that. If I'm compared...
Mr. Plummer: We elevated him from Brother Odio to Reverend.
Mr. Odio: Are you comparing me with Brother Paul?
Mrs. Kennedy: Frank, can we find some money some place?
Mr. Plummer: Yes, in a bank. Go rob it. Why don't you recommend that they
go, likewise, to the Most Committee and we recommend to the Most Committee?
lie January 120 1909.
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Mayor bustazs Do it. Motion, move it.
Mrs. Kennedy: OK. This is not an assurance but it's a step forward. 3 did
i it with the Miami City Ballet this morning and the Greater Miami Most
Committee graciously, I think, are going to accept her offer. So, at this
point, let me move that we try to get it from the Greater Miami Host
Committee.
Mr. Plummer: We recommend to the Greater Miami Host Committee that they -„
consider you for funding. I'll second that motion.
Mr. Traurig: We thank you... F
Mayor Suarez: Moved and seconded.
Mr. Traurigs We thank you for small favors.
Mayor Suarez: Call the roll.
Mr. Dawkins: Is this for the money that we appropriated last year or for
money to be appropriated this year, or what is this, Bob? —
Mr. Plummer: It's not there.
Mayor Suarez: They're already receiving thirty thousand.
Mr. Traurig: Commissioner, you did appropriate money last year. We had
budgeted the money that you had appropriated, we used the tickets to
distribute to minority students. The formula which we used was unacceptable
to the City's staff because we did it through the school board and the school
board distributed the tickets Countywide rather than all within the City. So,
therefore, we were not given the money which had been appropriated.
Mr. Dawkins: OK, just a minute now, Mr. Traurig. What happened to the money
that was not appropriated?
Mrs. Kennedy: We gave it away.
Mr. Plummer: It was in last year's budget.
Mr. Dawkins: Hmmm?
Mr. Plummer: Last year's budget.
Mr. Dawkins: Last year budget.
_
Mr. Castaneda: That was last year's. We reallocated to some other group and ,
I don't recall the group right now, Commissioner.
_
Mr. Dawkins: But we don't have it.
Mr. Castaneda: No.
Mr. Plummer: The cupboard is bare.
r.
Mr. Dawkins: OK, no further questions, Mr. Mayor.
Mr. Traurig: Well, we understand the problems that the City has in spending
r`
money that it doesn't have. If you are suggesting, Commissioner Kennedy and.;;
t,=
Commissioner Plummer, that the Host Committee will accept your recommendation
and, therefore, seek the funds to make this contribution for this worthwhile}
purpose, g
a free concert, we will o to them and we will ask that the y give us
favorable consideration.
{ f..
i Mr. Plummer: Bob, they have two sources of funding. One is the TIC
they get a grant from the TIC and then they also, because of their existance, N
have the right to go to the private sector and solicit funds who the
government does not. So they will have, as I understand It,. if ev*rytbin
met, they will have about a half a million dollars to distribut119
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yr. Traurig: hall, we thank you for the suggastiott. hell' do that. If this
City, by resolution, you know, is requer,ting the Bost Costittee to Consider
this favorably, we appreciate that.
Mr. plummere Definitely, definitely.
Mr. Traurig: Thank you.
Mayor Suarez: Bob, gentlemen.
Mr. Traurig: There's another part to this which Bob Herman —
Mayor Suarez: Mr. Herman.
Mr. Traurig: and Woody Waters would like to present.
Mr. Robert Herman: My name is Robert Herman. From April 23rd to May 9th,
1990, we're going to bring a major cultural event to Miami. It's the 7th
Worldwide Madame Butterfly Competition. You all have a copy of the brochure
there in front of you. We're going to bring a number of hundreds of people
into this City at that time. There will be singers from all over the world
who will compete for the prizes. There'll be an international jury and then
we're bringing a number of cultural events from Japan to focus attention on
the competition. There'll be a hundred person kimono show, a 30 person
Japanese orchestra of traditional instruments, a 50 person tea ceremony group
and a 50 person Mikoshi group. One of the major events of the competition
will be an international folk song festival. Most of the events will take
place in Gunman Hall, but this one event, we would like to schedule it in
Bayfront Park. What it would consist of is, everyone of the singers from all
over the world who will be competing in the competition would appear in his
national costume. They would parade first from the Hyatt Regency where they
will be staying, to Bayfront Park, led by the kimono group and the mikoshi
group all in costume and then spend the entire day of April 27th, 1990
performing, each one, a folk song from his own native country. What...
Mr. Dawkins: I move that we make one of our free days available to them for
this.
Mayor Suarez: So moved.
Mrs. Kennedy: I second.
Mayor Suarez: Seconded.
Mrs. Kennedy: Second and I was going to say that, as you know, Mr. Mayor, the
Greater Miami Opera graciously invited me to Tokyo to persuade the organizers
to come to Miami for this event. It's the first time it comes to the United
-
States and we're very lucky that it's coming to the City of Miami. It's a
great, great event for everybody.
Mayor Suarez: And that is, itself, a great opportunity to really get the
support of the Host Committee and TDC...
=: Mrs. Kennedy: Absolutely.
Mayor Suarez: ... and everyone else that is concerned with our visitors and
`
tourist situation. It sounds like a great attraction. Call the roll.F
17
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the folloviSS resolution was introduced by C6Mirr�i+a�►ar K�Aa�dff whp
tsoved its idoptiont
p RESOLUTION 140. 89-32
r
A RESOLUTION CONCERNING THE PRESENTATION OF THE ?TH
VORLDWIDE MADAME BUTTERFLY COMPETITION TO BE HOSTED BY 4
THE GREATER MIAMI OPERA; RECOMMENDING TO THE GREATRR
MIAMI HOST COMMITTEE TO FAVORABLY CONSIDER FUNDING THE
�'. GREATER MIAMI OPERA `FOR THE AMOUNT OF $31,504 FOR A —
FREE PUBLIC PERFORMAI.:E OF THE OPERA "LA BOiiEME" AS
PART OF THE MADAME BUTTERFLY COMPETITION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following votes
ATES: 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 following resolution was introduced by Commissioner Dawkins, wht
moved its adoption:
RESOLUTION NO. 89-32.1
A RESOLUTION CONCERNING THE PRESENTATION OF THE 7TH
WORLDWIDE MADAME BUTTERFLY COMPETITION TO BE HOSTED BY "
THE GREATER MIAMI OPERA; HEREBY DESIGNATING APRIL 27, }
1990 AS ONE OF THE THIRTY (3) DAYS RESERVED FOR USE BY
THE CITY PURSUANT TO ORDINANCE N0. 10348, WITHOUT THE
USER PAYING THE FEES FOR BAYFRONT PARK, CONDITIONED
UPON ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY _
SERVICES ASSOCIATED WITH SAID EVENT AND THE
REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY <
POTENTIAL LIABILITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy� ;s
Commissioner Miller Dawkins �r
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
xrr rQ rr kN'r=
NOES: None •
ABSENT: Nome. .41
Mr. Herman: Thank you very much• tfv+'k�x�u-Us'
Mayor Suarez: Congratulations for pplX1 that Qt • •"tr Fy Lf Y �r E;#S : f fir
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37. MIAMI SENIOR HIGH SCHOOL: Refer to City Manager funding request by Miami
Senior High - direct Manager to use up to his discretionary power in
trying to accommodate said request.
Mayor Suarez: I know there's people waiting on other items that are of public
Interest. I know we have the Miami High Band director. I also know you're
going to be asking for financial support. I thought you were here on just a
minor item. A momentum is not on the side of those that come to ask for
financial support because we don't have any money so, you know, you can stay
or you can leave or you can - see, I thought there was just a small amount of
money that we could just refer you administratively to the Manager, but if I
overheard $15,000, then...
Mr. Plummer: How much is it?
Mrs. Kennedy: About ten or fifteen.
Mr. Plummer: Oh.
Mayor Suarez: ... we, you know, unless we divided that by five here and each
one of us put up three. Nov he's pointing five thousand. In other words, we
really in fairness we have to go through all the items and try to get to them
as quickly as we can. No one is in a better or worse position, really. Item
31...
Mr. Plummer: Well, Mr. Mayor, on Miami High, couldn't we, in fact,' instruct
the Manager up to what his administrative source is that we would approve that
funding out of his administrative source which, I think, is $4,500?
Mayor Suarez: Or at least that he contemplate it up to his administrative
discretion and act according...
Mr. Plummer: Yes, I would move at this time that the City Commission instruct
the Manager to go to his administrative limit to accommodate Miami Senior High
School which, I think, is $4,500.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Is that for Miami High or Miama High?
Mr. Plummer: Miama High.
Mr. Dawkins: OK.
Mr. Plummer: My alma water.
Mayor Suarez: Strike from the record any such pronunciation. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-33
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,500
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE MIAMI SENIOR HIGH SCHOOL BAND TO
DEFRAY THE COST OF THE BAND'S TRIP TO QUEBEC AND
MONTREAL, CANADA, MARCH 29 THROUGH APRIL 2, 1969; SAID
'
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH ADMINISTRATIVE POLICY NO. APM 1-84,
DATED JANUARY 24, 1984.
z
(Here follows body of resolution, omitted here and on
'}
file in the Office of the City Clerk.)
12�gs}g
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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.
COh14MS MADE DURING ROLL CALL:
Mrs. Kennedy: Yes, for Miami High.
COMMENTS MADE FOLLOWING ROLL CALL:
UNIDENTIFIED SPEAKER: Thank you.
Mayor Suarez: Don't, don't, just go.
UNIDENTIFIED SPEAKER: Thank you.
38. Designate local newspapers for publication of City legal and public
notices, with provisos. (Following passage of this resolution, one City
Commissioner petitioned that Atenas news be added to the existing list
of local newspapers - See label 40.)
Mayor Suarez: Newspapers, publication. You know the criteria that we have
tried to set In about as clear as it can be on 31. We've tried to say, I
think, that the minimum expenditure that fulfills the state requirements.
Isn't that kind of the general idea that we've tried to....
Mr. Plummer: But I understand, according to what was said this morning, the
City Attorney's office is researching exactly what constitutes - for example,
they're now telling me, Mr. Mayor, that the Miami Review is not a daily
newspaper because it doesn't print on Saturday. Well, to me, daily doesn't.
include Saturday.
Mayor Suarez: Working day, they come out every working day, that's...
Mr. Plummer: But they say that they're excluded because the state law says
It's got to be six days instead of five.
Mayor Suarez: As if the state legislature worked every, you know, every six
days out of seven.
Mr. Plummer: You know, I think we ought to put on the record - Madam Clerk,
what did this City pay entirely last year, for all advertising? It's an
unbelievable number.
3af
10
— Ms. Hirai: The administration would have that figure, Commissioner. I have F'
the one for my department but Citywide, I don't know.
f
V3
Mr. Plummer: What did your department alone pay last year? n 5
Ms. Hirai: Close to eighty something. S,
Mr. Plummer: How much? "F
Ms. Hirai: Eighty something without counting election. XUction advertising {N
— 1p.separate and apart. -
Mr. Plummer: You only spent eighty thousand?-
!! #tirait Yes, air., ;
a
Me. Plummets OX, is weren't using the Herald. Is it a true statement that
the difference between the Miami Daily flews and the Miami Herald is about S
timas?
Mr. Ron Williams That's accurate, Commissioner.
Mr. Plu-nor: We can't af...
Ms. Hirai: Commissioner, just for your information, the Miami News, the
column inch was $14.77. The Miami Herald's column inch is $73.61.
Mr. Plummer: Let me ask a simple question. Why do we have to use display
advertising rather than classified? Classified is $4.00 a line.
Me. Hirai: Well, for instance, in the case of election which is a technical
area, we are mandated to let the constituency know clearly the format of
the...
Mr. Plummer: Well, why the difference? I mean, what makes the difference of
letting the constituency know as long as it's in the newspaper?
Ms. Hirai: It's mandated by state statute.... (AUDIO SYSTEM FAILED
MOMENTARILY) who, when you publish a notice to the public, you would like to
make it as clear to them as possible because it's for their benefit to know
when a meeting has been changed. You want to call attention to it so that
they be advised when the City Commission changes a meeting, etcetera.
Mr. Plummer: Am I understanding correctly from the Law Department that, in
fact, the only, only paper that complies is the Miami Herald?
Ms. Hirai: Yes, unfortunately.
Mayor Suarez: What is the interpretation that
the Miami Review doesn't comply
based on? Is it a court decision?
Mr. Plummer: It's five days instead of six.
Mayor Suarez: But is there a court decision or is that outlined in the state
law?
Robert Clark, Esq.: It is a Supreme Court's interpretation of the
requirement, daily newspaper, it must be six days...
Mayor Suarez: Supreme Court of the State of Florida?
Mr. Clark: Yes, air.
Mayor Suarez: How'd they leave Sunday out?
Mr. Plummar: It's a day of rest.
Mr. Clark: Apparently...
Mayor Suarez: That's not a state recognized day
off that I'm aware of.
Mr. Clarks Apparently, if you recall, when
you pay for your 'subscript'on, t rr
your daily price is so much, your weekend is -
they exclude,...
Mr. Plummers No, the Sunday is different.
Mr. Clark: Sunday In different so if it's not
published for aix'days
Mayor Suarez: When was the decision rendered?
� '
Mr. Clark: It's on the books for I'd say 20,
30, 40...
Mayor Suarez: Yes, I bet you it's been there
for a while. That doesn't,
any sense. Anyhow...Y�f�,
n
{; Mr. Plummer: Well, that means then, all of the little newspapers that we.uss{
we can't use.
124ata►le`►
l 2
t
Mr. Odio: You can use them to be able to get even more information out to the
public, but you also need the one daily newspaper.
Mr. Plummer: Weil, all right, the...
Mr. Odio: Now, the total amount of dollars, for instance, Commissioner...
Mayor Suarez: Can we go back to the simple parameters and get, you know, the
minimum that we must do in accordance with state law and that means minimum,
as Commissioner Plummer was saying, not including the seal of the City, not
Including anything we don't need to include.
Mr. Plummer: And use classified instead of display. Display is damn
expensive.
Mr. Clark: There's only one problem. In 166 with regard to zoning, the state
law says, and I read it...
Mayor Suarez: Minimum that complies with state law.
Mr. Clark: ... the advertising shall not be placed in that portion of the
newspaper where legal notices and classified advertisements appear. That's
what the state law says, Mr. Plummer.
Mayor Suarez: Well, comply with it.
Mr. Odio: That's what we're doing.
Mr. Clark: That's what we're doing but J.L. is saying not to.
Mayor Suarez: But, so what you're saying is that that doesn't meet with those
parameters.
Mr. Plummer: But that's only for zoning.
Mr. Clark: Correct.
Mr. Odio: But let me tell you what it means then, we spent last year $198,671.
total advertising.
Mr. Plummer: But did that include her eighty?
Mr. Odio: Yes. Nov, this year, that means we would go up to $450,000. The
same...
Mr. Plummer: Do you realize that's bigger than some City's budgets in the
State of Florida?
Mr. Odio: I'm really concerned about this, Commissioner, that's why we began
to scramble last week after...
Mr. Williams: Mr. Mayor, Commissioner Plummer, if I may add...
Mr. Plummer: It's incredible.
Mr. Williams:
... we are in at this moment discussing this
issue along with
several other
cities, I might add, with the Herald, and or
at least of the
opinion at this point that there will be at least some
consideration of
working out a
program to try and resolve this. Those discussion are by no
means at this
point even close that I could report to you any
optimism but we,
along with other cities, have brought this to their attention and we are In
discussion.
'R
Mayor Suarez:
Anything further on the...
t$"a
— Mr. Plummer:
So what's... we of the only
y game in town.
Ms. Hirai: That's right.
— Mr. Plummer:
Does this gentleman want to speak?i
at«}
125
4 ter ,
itnOyy
Mayor Suarez: On item 31. Which item is it, Madam City Clerk, that he wants
to know. As long as he's...
Ms. Hirai: Mr. Mayor, it's seventy some.
Mayor Suarez: We're trying to go through these quickly. I don't think
there's too many controversial ones if the number of people here are any
indication. OK, do you want to just make it a generic resolution that says
whatever the minimum is that we must do to comply with state law?
Mr. Clark: The resolution is before you at the request of the City Clerk.
Since every year the City Commission designates the newspapers in which to
place the advertisements.
Mrs. Kennedy: We have to choose the newspapers.
Mr. Plummer: That would not be that contrary to this. This gives her the
latitude to choose.
Mr. Clarks No, it gives her the latitude to choose the type, the size, the
format in accordance with law.
Mr. Plummer: It doesn't say that. Where does it say in conformance with law?
It doesn't say that.
Mr. Clark: On this next page, J.L., turn...
Mr. Plummer: I'm reading in the title.
Mr. Clark: In the middle of the title, such notices...
Mr. Plummer: Huh?
Mr. Clark: ... authorizing City Clerk to establish guidelines in the size of
type, text and general format - in the middle of the title you'll see it as
you go down.
Ms. Hirai: Commissioner, it was kind of open ended before and obviously my
office cannot be responsible for all Citywide advertising so they restricted
it to apply only to my advertising, our advertising.
Mr. Plummer: Why wouldn't it apply to all advertising?
Ms. Hirai: Because I draft that for my department but my guidelines differ,
for instance, from planning and zoning. They handle theirs.
Mr. Odio: No, but if you choose it, the papers, we have to comply with that
and we should...
Ms. Hirai: Oh, yes, Citywide, we comply with whatever the City Commission
decides.
Mr. Odio: I mean, I don't want...
Mr. Plummer: But we're only speaking in this resolution to the one daily
newspaper, is that correct?
Mr. Odio: No.
Ms. Hirai: No.
Mrs. Kennedy: No, it's all of them.
Mr. Odio: No, all local newspapers.
Ms. Hirai: Commissioner, if I may...
Mr. Plummer: Wait a minute, wait a
minute, don't we
have a policy, 44 I
recall, established by Mayor Suarez
last year, that
all of these=othe,r-
newspapers would be rotated on a yearly
basis?
Ms. Hirai: No, Commissioner....
}ty:
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16
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141�
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Mayor suaret:
for sure.
s
I thought, yes, our idea van to try to do some rotating, that'*
Mr. Plummer: Id thought that's what you brought up last year.
Mayor Suarez: Tes.
Ms. Hirai: Commissioner...
Mr. Plummer: Well, wait a minute, hold on, excuse me, excuse me. Let the
gringo speak for a minute. How many days a week does Diarios come out? -
There's one day they don't come out.
Mayor Suaraz: They don't come out on Monday. I think they come out on
Sunday...
Mr. Plummer: They come out Saturday night with the Sunday edition?
Mayor Suarez: With Sunday's - right, date.
Mr. Plummer: Do they classify as a daily newspaper?
No. Hirai: No.
Mr. Plummer: Why? What?
Ms. Hirai: They're Spanish.
- Mr. Plummer: No, no, no, it's six days.
Ms. Hirai: It's in Spanish.
Mr. Plummer: Can't you advertise in English in a Spanish newspaper?
Ms. Hirai: No.
- Mrs. Kennedy: It says....
Mr. Plummer: Wait, whoa, whoa, whoa, whoa...
Mrs. Kennedy: Excuse me...
Mr. Plummer: What are their rates? What are their rates?
Mrs. Kennedy: In the resolution, it says, the contents of which are published
in any language other than English, is to appear inprinted form
in the
— language in which the newspaper's published.
Mr. Plummer: Forty-four thousand. Wait a minute, hold on, I'm sorry.
Mayor Suarez: Oh, so that says if it...
Mr. Plummer: Diarios is no cheaper.
t:
s
Mayor Suarez: Should have thought of that.
- Mr. Plummer: I'll tell you something, it's $200,000 worth of advertising..
INAUDIBLE COMMENTS NOT ENTERED INTO THE PU9LIC RECORD.
{ d
Mrs. Kennedy: Yes, that would be the ideal dissolutioned.
:-
Mr. Williams: Commissioner Plummer, I may add that at the direction
of City
Commissioners you will recall last year we reduced significantly 'lrom Lie �r n
u.
6ry
previous year our advertising in the Herald. .Thus,that cost is far low,
what it possibly could be.�
Mrs. Kennedy: Well, the Herald has the largest publication and then
we ha�re;�
the Miami Times, that is also considered., right?
n
Mr. Plummer: But that's weekly.
i
':..
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Mrs. Rennedy: That one tan be considered.
Mr. Plummer: That's a weekly paper.
Mayor Suarez: Once a week.
Mr. Plummer: Let we ask you this question. When the state wrote that law,
was there any alternative? No, I'm saying such as in lieu of, posting a sign
on the front door of City Hall. I mean, was there anything as an alternative?
Mr. Clark: There was something that said where there is no newspaper
published, that you could take other measures. There is a provision in the
law. But it wouldn't be applicable.
Mr. Plummer: Could we declare the Herald as non void because we can't afford
it? How much are the advertising rates in USA Today? Hey, don't laugh. Let
so tell you something, I read that paper everyday and it's delivered to my
house the same day. They come out everyday.
Mr. Dawkins: Everyday but Sunday.
UNIDENTIFIED SPEAKER: Or Saturday.
Mr. Plummer: No, I think that's right. I think on Friday they publish a
Saturday and Sunday.
Mrs. Kennedy: Well, Mr. Manager, do you think that you can negotiate with...
Mr. Odio: They have been negotiating with the Herald but if they'd reduce
something, they'll probably do it from seventy to sixty-eight, you know, it's
not that...
Mrs. Kennedy: And how about the "period Iquitos"? Are they finally on a
rotating basis or?
Mr. Odio: No, the instructions we got is you are going to advertise in this
following little papers and it's up to you to decide which one should get it
again.
Mrs. Kennedy: Could I see the list?
Mayor Suarez: You know what I say, I guess I'll try it again this year.
Whatever ones you have approved of the ones that have applied...
Mr. Plummer: Well, to be honest, Mr. Mayor, of the "periodiquitos," there are
so few of them... whatever the hell, the little papers at Versailles
restaurant. Whatever of those under the criteria which we have, there are so
few that meet that criteria...
Mayor Suarez: OK, but we could just leave to the Manager to select the ones
that meet the criteria and of the tabloids and then rotate them so that they
_ get roughly the same amount of publication. Why - and the ones that have
applied, have any great number applied?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: No, no, no. Have they applied?
Mr. Plummer: Under the criteria. The criteria, as I recall, they had to be
in business for two or five years. They had to have a minimum circulation
guaranteed of 30,000.
Mayor Suarez: Ten thousand, I think.
Mr. Odios They had to have ten thousand, ten thousand. '
Mr. Plummer: Ten or thirty?
Mayor Suarez: I'm just thinking of the ones that applied, not to go out:nd
x { � #YF•'
beat the bushes and try to bring them in or anything.
Mr. Williams: Mr. Mayor, if I may suggest, we've...
Mayor Suarez: Yes, we'll take any suggestion right now.
Mr. Williama: ... we did have a pretty successful year based on your last
year's direction. I would suggest that we stay with those that you now have
approved and carry them over this year. I think they're kind of a
representative group with the exception of the - with the Miami News, of
course, which is no longer there and continue the program that we're on.
Mr. Plummer: Yes, but you are going to be anticipating, under this program,
Jumping frmm two hundred thousand to almost $500,000. This City can't afford
a half a million dollars of advertising.
Mr. Williams: Commissioner Plummer, I'm only speaking to the papers that we
are to use. Obviously we have to come up with a way to....
Mr. Plummer: No, we've got to come up with some other answer. I mean,
there's just no way this City can afford a half a million dollars.
Mayor Suarez: OK, on the tabloids, we just stick with the existing list and
anyone else who has applied. What's the issue, I mean...
Mr. Odio: The little newspapers, they add up to....
Mayor Suarez: But. Mr. Manager...
Mr. Odio: To about $9,000 in one year.
Mayor Suarez: ... the idea is only to do the minimum advertising required by
law so it doesn't matter how many you have, you rotate them or do you have to
not use them at all?
Mr. Odio: We need to use them because they do reach....
Mr. Plummer: No, that's not his question.
Mayor Suarez: Oh, you're saying as a matter of policy?
Mr. Plummer: His question is, do you have to, by law, the answer is no.
Mr. Odio: The answer by law, no.
Mayor Suarez: Oh, you're saying as a matter of policy and a way to reach more
people in the community.
Mr. Odio: Right.
Mr. Williams: Right.
=
Mayor Suarez: I see. Well, the minimum...
Mr. Williams: The smaller ones are not absolutely required.
Mayor Suarez: Yes, the minimum, the absolute minimum that would make sense to
=
at least get some word out...;z`
—
Mr. Odio: Well, that's what we have.
Mayor Suarez: You never do advertise in more than one simultaneously, do you?
l' t:
_
Mr. Odio: No, we do it in - I think it's three or four at a time...
—
Mr. Williams: Yes, I guess based on the issue.
Mayor Suarez: I don't think that's what we meant to do last year.
Mr. Odio: Yes.
�A.
Mayor Suarez: I'll go back to what Commissioner Plummer said, I thought4Y.we
would be do it on a rotating basis. If one week, we advertised in one, tAe
_
next week would be another one but not simultaneously, more than one.
r
4 T��
129
—
Jaauaary
_12
Mr. Plummer, Wall obvious, looking at these numbers, there was not an
equalization of rotation.
Mr. Odio: There was none.
Mr. Plummer: Well, I mean, the numbers say that.
Mr. Odio: Yes, I can see that.
Mayor Suarez: And there was duplication apparently. You were doing more than
one at one time?
Mr. Odio: No, no, what happened here, La Nacion was introduced later, much
later in the and of the year. They did not have a full year included and they
were added.
Mr. Plummer: Yes, but Cesar, Prensa Grafica was there from the beginning...
Mr. Odio: Yes.
Mr. Plummer: ... and that's called it $600 for round numbers as opposed to
Panorama at twenty-seven, so it's obviously not distributed equally.
Mr. Odio: No, that's correct.
Mayor Suarez: Now, can the Commission agree, is there a consensus that we
should only do it as a minimum and never have more than one tabloid in any one
week advertising the same news items? The same...
Ms. Hirai: Mr. Mayor. It would not suffice for my department because we
advertise pursuant to code and/or state requirement and it has to meet the
criteria of daily...
Mayor Suarez: In addition to the minimum required by state law as to the
tabloids that apparently are not needed but we want as a matter of policy or
something else to advertise in them, can we agree then we only have one?
Mr. Plummer: I'll bet you next week...
Mr. Williams: The courtesy notices, Mr. Mayor. the courtesy notices. We can
rotate that.
Mayor Suarez: That's a nice, that's a nice - I like that term. The courtesy
notices, to have just like one so we can save money. I think that's what
Commissioner Plummer's been saying for a couple of years now. I've been
trying to figure out a mechanism to implement.
Mr. Plummer: Do you know if one of those little newspapers were to start
publishing seven days a week, they could actually build in them half a million
dollars from the beginning? That's crazy.
Mayor Suarez: We don't want to get into those scenarios, please. Don't give
them any ideas. Look...
Mr. Plummer: I want to tell you, I guarantee you somebody's sitting back
there right now. All right, let me ask you. Bob, in the state law, does it
set forth what has to be in the ad, the wording?
Is there any requirement that sets forth the wording?
Mr. Clark: Now you're referring to the logo?
Mr. Plummer: I'm talking about to the newspapers? _1,=
Mr. Clarks No.
Mr. Plummer: I'm talking about to the ads that are this long, OK, in bold
print, with a logo, the Clerk's name and the Clerk's. title and the phone
number and all of that. Is there any requirement that says that we.dos't hair!
to do Anymore than two to three lines per... s
Ms. Hirai: Mr. Plummer...
130 '
,� eR
i
Mr. Clark: Teo, let me...
Ms. Hirai: The City Clerk's advertising goes down to 7 points which is the
minimum you can read without glasses. we cannot go any smaller.
Mr. Clark: Now there are...
Mr. Plummer: I'm not talking about the size. I'm talking about the normal
size. Does the state law require what we have to put in that ad?
Mr. Clark: It says, the required advertisement shall be no less than 1/4 page
In a standard size or a tabloid size newspaper and the headline in the
advertisement shall be in a type no smaller than 18 point. Now, as far as
contents of the ad, that's for planning and zoning. The contents of the ad
depend on what the message is that you want to publish.
Mr. Odio: Can I mention some...
Mr. Plummer: Wait a minute, no, no, let me go back to that, please. You're
saying that the state law says we have to take out a quarter of a page?
Mr. Clark: That's what it says. Now, that's planning and zoning, J.L.
Mr. Plummer: Oh, only planning and zoning.
Mr. Clark: Only planning and zoning.
Mr. Odio: Yes, but I've read something here. In lieu of publishing the
advertising sent out in this paragraph, the municipality may mail, and we
should look into the mail, a notice to each person owning real property within
the area of covered by the ordinance, in other words, we have the option of
mailing....
Mr. Plummer: Don't we mail courtesy notices now?
Mr. Oeio: Yes, what we need to find out is how much it would cost us in
stamps.
Mr. Plummer: Bulk mail.
Mr. Odio: OK, that's- we do have an option as I read here against
advertise...
Mr. Plummer: My God, there's no comparison between the two. Can we do that
in other than zoning?
Mr. Odio: I tell you what, I don't know but let me see if I can find here...
Mr. Clark: Zoning is the only one that has that alternative method.
Mr. Plummer: OK, but then on the others, they were not required to put any
great amount....
s Mr. Clark: Correct, correct.
Mr. Plummer: Well, hell, that's your answer.
Mr. Odio: We're going to look into that.
Mr. Plummer: A direct - you can take a direct mail service at bulk rate of
seven and a half cents a piece and you're talking about at the most $70.00 for
an effective piece of real estate. The most.
Mayor Suarez: OK, I'll entertain a motion, any motion on 31. I suggest that y
we put in the motion that as to the tabloids, we keep it to a minimum so we
don't duplicate in any weeks basis, that we keep... J`
Mr. Plummer: I have no problem with that, Mr. Mayor. It's a minor situation.
You're talking about a total of $10,000 last year and I see no problem with`
that. i
ni
131 Jah4ary 12, .19 .
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F
Mr. Clarke Mr. Mayor, do you want to keep the existing newspapers that are...
Mayor Suarez: That we keep the existing list. And I haven't seen anybody
else, you know, beating down our doors to be added. I presume all of them
that have wanted to be in are in there and if anybody wants to add another
one, let's just go ahead and add it and make that a...
Mr. Plummer: With all of them being equal.
Mayor Suarez: Right and yes...
Mr. Plummer: They all would come out the same amount.
Mayor Suarez: It's a rough attempt because it, you know, there's some
advertisements that cost more and some that cost less and you can't totally
equalize them.
Mr. Williams: And sometime a paper may have - its clientele may be more
affected by the particular notice.
Mayor Suarez: Yes, I don't really think that you guys are particularly
knowledgeable of - oh, you mean like, as between the Hispanic tabloids and the
Miami Times, for example. OK, yes. And build that into the motion and
delegate...
Mr. Plummer: So be it.
Mayor Suarez: OK, second. Any discussion? Call the roll.
Mr. Plummer: And just so that we understand. We're keeping alive that option
of a direct mail rather than advertising?
Mayor Suarez: Oh, yes, yes. And also, in little conversations back here with
the City Attorney, we ought to get our act together with the legislature and
see if we can modify the requirements to save us maybe, quarter of a million
dollars here and there. Call the roll.
The
following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-34
AT THIS POINT, ITEM 31 LISTING NEWSPAPERS
TO USE FOR
CITY ADS PASSED.
THE HEREINABOVE MOTION WAS LATER RECONSIDERED BY
MOTION 89-36.
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.
ASSENT:
None.
_
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aW:
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FIT, 4.9
d e
39. AUTHORIZE NEGOTIATION OF CONTRACT WITH MOORS GOVERNMENTAL SYSTEMS, INC.
for the acquisition of computer software for personnel -payroll and
accounts receivable systems.
Mayor Suarez: Item 32. Moore governmental systems, acquisition computer
software comprising personnel, payroll and accounts receivable systems. This
Is not what I think it is, is it? It is. Just looking at your face I can
tell it is.
Mr. Carlos Smith: I'm afraid it is.
Mayor Suarez: We all have agreement on this now? It's been scaled down to
something moderate, acceptable, doable, fast tracked.
Mr. Smith: We have scaled it down to basically just personnel payroll and
accounts receivable which are the two major items that we had.
Mayor Suarez: Any Commissioners have any problem with this now?
Mrs. Kennedy: I'll move it.
Mayor Suarez: Moved.
Mr. Plummer: Mr. Mayor, just for the record, I have no problem with it. I
cannot argue the technicalities, I'm not that adept. But let me say to you, I
am concerned. I am concerned about the background and the financial
responsibility of the company involved. They were originally scheduled to be
an $800,000 contract with this City, a company who has been in business for,
roughly, I am told, fifteen years...
Mr. Sergio Rodriguez: Correct.
Mr. Plummer: That only has total assets of less than $2,000,000. Do we have
any kind of a provision - how long does this run for? Is this a program that
they have guarantees up to how long?
Mr. Smith: This will be a basically it'd be a contract over a period of two
years to implement these two systems. What we're asking is for your
permission to the Manager to negotiate a contract. We haven't negotiated the
terms of the contract yet.
Mr.
Plummer:
And what provisions would be in there if this
company were not
to
survive?
Mr.
Smith:
The company...
Mr.
Plummer:
How is payment made?
Mr.
s
Smith:
Payment is made after performance.
s
Mr.
Plummer:
After the two years?
Mr.
Smith:
No, what we have discussed initially is basically
there is a down
payment and
then as modifications are made, They give us a
bill on a monthly
basis,
we pay
them...
Mr.
Plummer:
And what percentage would be the down payment?
Mr.
Smith:
We haven't negotiated that. There's a percent
somewhere between
15
percent or
so that would be held...
tk r`
Mr.
Plummer:
And then the rest of it would be amortized out
over 24 months? 'x=
Mr.
Smith:
No, we would pay them throughout the period
5 t
of implementati*A
which
would
be over the next six to nine months. And we would hold
approximately
50 percent...
133
J44U� a�
� �
_
10
Mr. I'lunsner: I'm just scared of the company. OK, hey, I am just scared of a
cbmpainy that's doing multimillion dollar contracts that only have assets,
after 13 years, of less than $2 million dollars. That's my problem. You
know, I'm putting it right on the record.
INAUDIBLE COMMENTS NOT gNTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Yes. Yes. OK. I've made my statements on the record. -
Mayor Suarez: OK, do we have a second on that motion? If not, I'll second.
Mr. Vice Mayor, you got it, you got the floor.
Mr. De Yurre: Any further discussion? Please call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-35
A RESOLUTION INSTRUCTING THE CITY MANAGER TO NEGOTIATE
A CONTRACT WITH MOORE GOVERNMENTAL SYSTEMS, INC. FOR
THE PURCHASE OF COMPUTER SOFTWARE FOR AN INTEGRATED
FINANCIAL AND HUMAN RESOURCES SYSTEM; FURTHER
INSTRUCTING THE CITY MANAGER TO PRESENT THE
CONCLUSIONS OF SUCH NEGOTIATIONS TO THE CITY
COMMISSION FOR APPROVAL AND RATIFICATION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Commissioner Miller Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I abstain.
Mrs. Kennedy: You can't.
Mr. Dawkins: Yes, I own the computer company.
Mayor Suarez: Commissioner abstains. Probably hopes to own a company. Can
you abstain on the basis of that? Wants to compete.
Mr. Dawkins: Go to De Yurre, come back to me, please.
Ms. Hirai: I'm sorry, I couldn't hear his vote.
Mr. De Yurre: What's the score right now?
Ms. Hirai: Well, we're waiting for Commissioner Dawkins' vote.
Mr.
De Yurre:
We've got
a yes, a
no,
a yes.
i.`,
'' F
— Mr.
Plummer:
I voted no.
E
N.
Mr.
De Yurre:
You voted
no and a
yes.
a,
Mr.
Plummer:
Yes.
a� rk
Mr.
De Yurre:
And the Mayor voted?
"}R$
Ms.
Hirai: No. Now I'm
going to
ask
for his vote now.ov
134+#��'�{x`
-- - rt -
- -
i
Mr. be Murree Oh, OK, ro ahead.
Mayor Suarez: 1,11 tell you I'm going to vote yes if that helps.
s
Mr. Dawkins, Nall, I vote no to cancel out his yes.
Mayor Suarez, He votes no to cancel my vote.
Me. Hirai: Commissioner Dawkins votes no and Vice Mayor De Y'urre.
Mr. De Turret Why are you voting no?
Mayor Suarez, Why do you care?
Mr. De Turret I got to know. I got to know. He may make sense.
Mayor Suarez: Wait, wishful thinking here or what?
Mr. De Turret OK, I vote yes.
Mr. Plummer: Why change at this stage of the game?
40. (Continued Discussion) A. Reconsider prior vote on Agenda item 31
setting forth the names of local newspapers to be used for citywide
advertising.
B. Restate list of designated newspapers for citywide advertising
substituting The Miami Herald for Miami News and adding Atenas News,
with provisos (See label 38.)
Mayor Suarez:
On the prior item on the newspapers, Commissioner Kennedy
wanted to add the name of Atenas News so I'll entertain and City Clerk
Instructed us
that we have to make a modification in the wording where we say
that existing
list includes a newspaper that no longer exists and somehow we
should omit that newspaper, and that's the Miami News. I can't imagine that
that would be
really a definitional problem, but just in case....
Ms. Hirai: No, but we need to substitute the newspaper that would satisfy the
requirements.
Mayor Suarez:
Oh, it's the Miami Herald I think we understand, right?
Ms. Hirai: OK.
Mr. Plummer:
Well, until we start direct mail.
Ms. Hirai: All right.
Mayor Suarez:
Until we...
SEE
Mr. Plummer:
Start direct mail.
Mayor Suarez:
And, right, with the proviso that we can switch to direct mail
If that satisfies. You stay out of this now, Mr. Pust Master General>ofFh
Miami. OK, we have a motion to reconsider.
= Mr. Dawkins: I second. ;
Mayor Suarez:
Call the roll on the motion to reconsider.���
Mr. Plummer:
-
Does Atenas News meet the minimum rsquiremsnts? `hamr -
Mayor Suarez:
Yes, she moves to reconsider.
Mr. Dawkins:
Second.*
Mr. Plummer:
Assuming that Atenas News meats the minimum requirement-
,F
;:: .-_ ,_
._. - _ _.. _ _ •� ` tit ,.$ <; p k,,_.$_r-moo sri'f9,Rs1i� Sr, v
7,7
Mr. Ron Williams: We did send them a notice and application and at this
point, have not heard from them.
Mayor Suaraz: OK.
Mr. Williams: We will follow up, however.
Mayor Suarez: OK, call the roll on the motion to reconsider first.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 89-36
A MOTION TO RECONSIDER PREVIOUS VOTE ON AGENDA ITEM
NO. 31 IN CONNECTION WITH SETTING FORTH THE NAMES OF
LOCAL NEWSPAPERS WHICH CITY DEPARTMENTS AND OFFICES
ARE INSTRUCTED TO USE FOR PUBLISHING PUBLIC NOTICES.
(NOTE: Following passage of the above motion,
Commissioner Kennedy requested that "Atenas News" be
Included among those local papers listed for
advertising of public notices, See R-89-37.)
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.
Mayor Suarez: We're substituting the Miami News for the Miami Herald now and
including Atenas News if, indeed, they qualify.
Mr. Plummer: It's the other way around.
Mayor Suarez: The Miami Herald for the Miami News.
Mr. Dawkins: With the proviso...
Mayor Suarez: The one that exists for the one that doesn't exist.
Don't get
complicated on me. Call the roll.
Mr. Plummer: The Miami Daily News isn't that was that the newspaper
that said
that the City of Miami was going broke, that they were run badly and
they were
going to go into bankruptcy? The pot calling the kettle black.
Mayor Suarez: You really know how to hurt a newspaper, don't you?
Call the
roll.
.k
The following motion was introduced by Commissioner Plummer,
who moved
Its adoption:
MOTION NO. 89-37
a
A MOTION OF THE CITY COMMISSION SETTING FORTH THE�a'.
NAMES OF THE ONLY NEWSPAPERS WHICH SHALL BE USED BY
f`!a
CITY DEPARTMENTS FOR CITY ADVERTISING: ATENAS NEWS,T''
COMMUNITY NEWSPAPERS, DIARIO LAS AMERICAS, LA NACION,r
PANORAMA HISPANO/USA, PATRIA, PRENSA GRAFICA, THE
MIAMI HERALD, THE MIAMI REVIEW, TM MIAMI TIMES. f
Upon beingseconded b Commissioner Kennedy, the motion was
% Y
adopted by the following vote:
136
S ':
1
4
AT181 Comsissioner S. L. Plummer, Jr.
Coftissiot►er Rosario Kennedy
COM1661oner !filler Dawkins
Vice Mayor Victor De Turre
Mayor Xavier L. Suarez
MIS: None
ASSENT: None.
41. ACCEPT SID: CUNNINGHAM-WOODS, INC. - refurbishing of the computer room
at the Police Station.
Mr. Plummer: Where - are we on 33?
Mrs. Kennedy: Thirty-three.
Mayor Suares: Item 33. Accepting the bid of refurbishment of police
department computer room.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Second. Any discussion? Call the roll.
The following resolution vas introduced by Commissioner Plummer, vho
moved its adoption:
RESOLUTION NO. 89-38
A RESOLUTION ACCEPTING THE BID OF CUNNINGHAM-WOODS,
INC. FOR THE FURNISHING AND INSTALLATION OF TWO `
MODULAR POWER DISTRIBUTION SYSTEMS, TWO AIR
CONDITIONERS AND FLOOR PREPARATIONS AT THE CITY OF
MIAMI POLICE DEPARTMENT'S COMPUTER ROOM NEEDED DUE T0, x
RELOCATION OF THE MAINFRAME COMPUTER CENTER TO THIS ."
LOCATION TO THE DEPARTMENT OF COMPUTERS AT A TOTAL r
ESTIMATED COST OF $147,257.57 ALLOCATING FUNDS ;
THEREFOR FROM THE 1988-89 OPERATING BUDGET ACCOUNT t»
CODE N0.460201-670; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
ri :f
PURCHASE ORDER FOR THIS SERVICE. >
(Here follovs body of resolution, omitted here and on Y,
file in the Office of the City Clerk.) ;
•?t,i�
Upon being seconded by Commissioner Kennedy, the resolution -was pasted `
and adopted by the following vote: '<
AYES: Commissioner J. L. Plummer, Jr. "y
Commissioner Rosario Kennedy
Commissioner Miller DavkinaF ��4r
Vice Mayor Victor De Yurre�
Mayor Xavier L. Suarez °x y. •` e n> '"�"x'z F°`
t
NOES: None. 7 r
�Is tY"sP
ASSENT: None.
COMMENTS MADE MIRING ROLL CALL:
Mr. Plumrmer: It's a rip ofy,� but= ve've Sot` to 'do it. Thirty-threo.
iZ
7 , dlY
-
S ,+ ,,s. .- 5 i..ahl a..,ei.:'f'.. �t,y�',.r.,d4L'bt4�i?;'��}T.+'fiS'`5i�'i.9�',�d'���i�� _— ... - - 8•
n ,R +,
---
-lip
1
42. A. AMEND LEASE AGREEMENT WITH UNIVERSITY OF MIAMI - allow UM to add
additional conference room space to space leased at Miami Convention
Center.
s. Authorize Amendment No. 3 to the Lease and Agreement for Development E
releasing to the City additional conference rooms previously subject to
an option by the University.
Mayor Suaraz: Thirty-four. Amendment to the lease agreement of July 1, 1983
between the City and the University of Miami exercising its option to add
additional conference room space to its leased space in the Miami Convention
Center. I'll entertain a motion.
Mr. De Yurre: Well, Mr. Mayor, that's the one that I deferred last time
because I wanted a report as to what was happening at the Knight Center, some
work that was being done there. And, to date, I haven't received any report.
Mr. Plummer: Neither have I.
Mr. De Yurre: So...
Mayor Suarez: Are you here on that, Dean? I don't know if we hear first from
the City or from the University, however...
Mr. Tony Pajares: Commissioner, I was not requested to make a written report
to you. If I was, I didn't understand it that way.
Mr. De Yurre: No, I need to know exactly what happened down there as far as
the work that had been done, legally, illegally. Whether a permit had been
pulled or not pulled and...
Mr. Pajares: All right, let me explain to you. I explained to the Commission
the last time that they did unify the two rooms and were charging them rent
for the space that they have unified. There can be no permit pulled because
we are the owners and until the Commission grants them the permission to do
it, we will not pull the permit so that will stay that way forever unless they
come before you and you give them permission to unite the two rooms. In the
meantime, when they use that space, they're being charged rent everytime they
use it.
Mr. Plummer: Well, but also include one other thing was the thing that I
voted on. And that is that they provided a fund that would return it to its
original condition if, in fact, this Commission did not approve it, the monies
are put aside in a fund to do such. That was the only reason I voted to allow
them to continue.
Mr. Pajares: That I am not...
Mr. Plummer: So they have established that fund.
Mr. Pajares: That may be so, but, in the meantime, the City space, we are
collecting rent everytime they use that space, regardless and it will stay
that way until they come before you and ask for permission to unite the two
rooms.
Mr.
De Yurre:
What rent have
you been collecting in
the last three months
from them?
Mr.
Pajares:
Same as if it was
- anytime they use the
exhibit hall, which is
_
think is thirty... yes, that is
the hotel, the Hyatt.
Mr.
De Yurre:
Yes, the hotel.
Mr.
Pajares:
Yes. Same as the
exhibit hall rent.
Mr.
De Yurre:
Well, my understanding In what thay did not have control of...
Mr.
Plummer:
Was a hallway.
s:
138
JaAt#Aary 12w 19v
'
x.
T
Mr. De Turret ..# was that passageway.
Mr. Plummer: Hallway.
Mr. Pajares: That's correct. That's what we're charging them rent when they
use it.
Mr. De Yurre: OK, now, question, when can they use that space now that
they've put it together...
Mr. Pajares: Um hum, they cannot...
Mr. De Turret ... as opposed to our space that we have upstairs?
Mr. Pajares: OK, they cannot use it without our permission and unless we have
our exhibit hall rented, in which case we will let them use it and charge them
rent.
Mr. Plummer: But that only applies to food and beverage.
Mr. Pajares: No, that applies to exhibits downstairs in the two rooms.
Mr. Plummer: As well?
Mr. Pajares: The thing in question here is the two rooms. They cannot put
exhibits there without our permission. We do not grant permission unless all
our space is rented and then we will grant permission.
Mr. De Turret How about parties? Forget about exhibit space, parties,
cocktail parties.
Mr. Pajares: Parties, there's no restriction for catered affairs as long as -
and then they pay us rent for that space. For our space. The other space is
theirs.
Mr. De Yurre: Now, what is our space, that strip?
Mr. Pajares: That strip.
Mr. De Turret OK.
Mr. Pajares: That's the space that they took...
Mr. De Yurre: My concern is that they can use the additional space that they
have now, make it like one big room where people would have to cane to us to
use our space, now they don't come to us because not only do they have the
regular ballroom...
Mr. Pajares: Correct.
Mr. De Turret ... but now they have additional space so when they would rent
the ballroom, then they would have to come to us. Now, they have a second
alternative so we will never get any business from them.
Mr. Pajares: Well, that's why they must come to you and that's the issue you
have to consider when they come for permission to unify the rooms, whether you
Mould allow...
Mr. De Turret And it will not come, you know why?
Mr. Pajares: Why? t
l .
f
Mr. De Turret Because they're using it.
Mr. Pajares: Well, you have in your power to restore that hailvay an time
you want. t t-
Mr. Do Yurre: My understanding is that it is being used today
Mr. Pajares: Yes.
. 3
;11
t z j a
-- —
. ' �!£ vs r,� reeve•---
.,-
Mr. be Turret
bare.
Mr. Pajarea:
that belong...
oxg so it it is being used today, there's no reason to come
Well, they're using it but they're paying rent.
Mr. De Turret They're paying rant for the strip.
Mr. Pajares: That's correct.
The two rooms
Mr. De Turret
Wouldn't we make a lot more money if we rented our spice
upstairs?
Mr. Pajares:
Yes. But we are using our space upstairs also now.
Mr. De Turret
Not always.
- Mr. Pajares:
Well, today we are.
Mr. De Turret
OK, today...
- Mr. Pajares:
Yes.
Mr. De Turret
... in particular, but not last week or...
Mr. Pajares:
But the issue you raise is a valid issue. By making a larger
room, it does
compete with parts of our newly renovated exhibit hail.
Mr. De Turret
That's right.
Mr. Pajares:
That is why they must come to you and ask permission and that'll
be your decision.
Mr. De Yurre:
OK. -
Mr. Pajares:
Otherwise, you can request that they put back the two rooms.
Mr. De Yurre:
OK, do we have somebody here from Building and.Zoning?
Mr. Pajares:
Now, let me just clarify, Commissioner, if I may, that this item w
34 has nothing to do with that.
Mr. De Yurre:
I know that. J:
Mr. Pajares:
This is... OK.
— Mr. De Yurre:
There's no question about that. {^
Mr. Pajares:
OK. All right. ¢`
Mr. Plummer:
But what is 34? Tell me exactly where that space in.
Mr. Pajares:
Thirty-four is when we wanted to make the exhibit hall, the
owner, MCA, owned some shops, some retails shops. We said give us this five
shops which is 4,000 square feet and we give you 4,000 square feet of ours.
They gave us
their space, now it's up to us to give them our space. It has ;
nothing to do
with anything else.''
Mr. Plummer:
That's MCA? z°fk'
Mr. Pajares:
Ten. tk,`
t
Mr. Plummer:
-
Who in MCA?
Mr. Pajares:
Miami Center Associates, Mr. Ramlawi, Zaminco what44er.,':
Mr. Odio: And
then, because of the contract vas signed in 1975 that:gav0 tho
r°�z
right to the University, under that contract, that at any time they i�o choaae,a' �-
they could take
over the meeting rooms designated in the second floor. Aad'rte.r
have no choice but to do, so because it is in the contract, and hey : af�i fq J' ve x
i
140!dr'K?1
=
r
Mr. P1uer: but they can't rant them.
Mr. bolo: They cannot rent thee, no.
Mr. Plummer: They cannot rent them for a source of income in ew*6t1tion with
the city.
Mr. Odio: No, it's for their use.
Mr. Plummer: I'm asking.
Mr. Odlo: For the University's use.
Mr. Pajares: The University will use them for the conferences.
Dean Dennis Tarr: I'm Dennis Tarr, the dean of the school of continuing
studies at the University. We use all of our conference rooms right now for
the purpose of conferences and seminars and classes. We want to be able to
continue because our business has picked up wonderfully in the last three
years and I did present to the City Manager a report which shows that growth
chart and, you know, we've got a staff that's in place and we want to bring
more business, more national conferences to the City which helps everybody and
we need that space for that.
Mr. Plummer: Is this space contiguous to that space that you presently have?
Dean Tarr: If "they" means the University where our con...
— Mr. Plummer: Yes.
Mr. Tarr: Yes, it's right next door to it.
Mr. Plummer: On the mezzanine.
Mr. Tarr: On the mezzanine, correct.
Mrs. Kennedy: Are they comparable in size?
Mr. Tarr: No, this is a much smaller space but, you know, we've grown to the
point in order to bring more business into the City, to need more seminar
space which the lease provides for.
Mr. De Yurre: My concern with this issue was one that J. L. raised and he's
been here long enough and he's been through this whole process, wherein he
stated that the commitment that the University of Miami had made had not been
met and that, therefore, though he's not an attorney, but he's got sense in
— his head, there might be a way out because of that violation if that's the
case. And then we directed the City Attorney's office and the City Manager to
look into it and to come back with a report. I haven't seen the report and,
J. L., I don't know if you've seen the report.
Mr. Odio: ...report that we got from the University, in fact the next day
after it was requested, that report was here and I
Mr. Plummer: You mean on their use?
Mr. Odio: And the use of the facility.
Mr. Plummer: Yes, I saw that report._`
Mr. Odio: That report was given to each one of you. r
Mr. Plummer: Yes. . ..
r, �'�.
Mr. De Yurre: OK.
Vkr
Mr. Plummer: I did see that.f�
Mr. De Yurre: And you're satisfied with that?
Mr. Plummer: Well, I'm satisfied - you know, I was herep as you said, is
when, in fact, the University of Miami got their to iD Lha door pith #iott
a
? �►� ,f
--
three and a half million dollars which was
based on the fact that they would bring in
education each and ovary year and the first
used the space. Just didn't even use it.
they're bringing these professionals in,
happen in the first place.
a pittance of the cost. But It was
100,000 professionals on continuing
two to three years they never even
So if they're using the specs and
that's exactly what we wanted to
Mr, Tarr: And that's the reason we are requesting additional to even double
that, you know.
Mr. Plummer: That's fine.
Mr. Tarr: That's what we want to do.
Mr. Plummer: That's fine with me.
Mr. Jorge Fernandez: And that's what amendment three does.
Mrs. Kennedy: I move the item.
Mayor Suarez: We got a motion on 34. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Any discussion, further discussion? Call the roll.
Mr. Plummer: Yes, excuse me...
Mayor Suarez: Yes.
Mr. Plummer: ... Commissioner De Yurre's other point is something to fight
another day, of course.
Mayor Suarez: Yes.
Mr. De Yurre: Yell, yes, and as soon as we vote on this, I want to make` a
request and a motion.
Mayor Suarez: OK, call the roll.
The following resolution was introduced by Commissioner Kennedy, Mho
moved its adoption:
RESOLUTION NO. 89-39
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE LEASE AGREEMENT DATED JULY 1, 1983
BETWEEN THE CITY AND THE UNIVERSITY OF MIAMI, IN ORDER
_ TO ALLOY THE UNIVERSITY OF MIAMI TO EXERCISE ITS
OPTION TO ADD ADDITIONAL CONFERENCE ROOM SPACE TO ITS <a
LEASED SPACE IN THE MIAMI CONVENTION CENTER; FURTHER '-nA
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.
3 TO THE LEASE AND AGREEMENT FOR DEVELOPMENT, DATED
SEPTEMBER 13, 1979, IN ORDER TO RELEASE TO THE CITY
THE ADDITIONAL CONFERENCE ROOMS WHICH WERE SUBJECT TO
THE UNIVERSITY OF MIAMI OPTION; BOTH AMENDMENTS To B8w`4 SFr
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. �4
(Here follows body of resolution, omitted here and an
file in the Office of the City Clerk.)R
Upon being seconded by Commissioner Plummer, the resolution was ,
and adopted by the following votes
}3.
T j
T
41
TI
passed
�
- �,• *. _. , �.ry �` ' fit
�tr
t
L
AM I L. plumer, err.
_
Cosrraissioner Rosario Kenn6dy
=
L*6missioner Miller Dawkins
Vita Mayor Victor De Yurre
Mayor zavier i.. Worst
VOIS: None.
ASSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: The Hurricanes are still number 1 in my book.
COMMENTS MADE FOLLOHING ROLL CALL:
Mr. De Turret Mr. Genuardi.
Mr. Odio: Genuardi.
Mr. Joseph Genuardi: Yes, air.
Mr. De Turret If you do not pull a building permit and you do work an s
property, legally does the City have the right to say you cannot use this
property until you've pulled the right permits, so on and so forth?
Mr. Genuardi: Yes, because unless they have a permit and it's been approved
?-
by Building and Zoning, it's illegal, so...
Mr. De Turret So if we have a situation wherein we have two hails, two rooms,
that have a wall that leads to a passageway between the two rooms, you get rid
of that passageway and you unite both halls, are we in a position to say you
cannot use either hall?
Mr. Genuardi: No, we can issue a permit for the areas which.... the two sides
without the middle part which is what we did. We issued the permit excluding
that portion which belongs to the City.
t�lr. De Turret The walls were removed.
a
Mr. Genuardi: I believe so, yes.
Yam;
Mr. De Turret And that wall was a party wall to our section and the hall
and the room. Correct?
Mr. Genuardi: Yes.
Mr De Yurre• OK If you remove a wall from a room without a buildio
•
—_ permit, can you use that room or can't you use that
room?'
g
Mr. Genuardi:
Not unless
you had a proper permit.
Mr. De Turret
So, if
you don't have a permit, you
can't use that
room.
Mr. Genuardi:
Yes.
But I think they've now have
the permits that they need
to do it.
_ rv�
Mr. De Turret
Well,
that's what I'm asking, where...
,
Mr. Genuardi:
Yes.
The permits recently, they've
gotten the
permitss 4t►d °x"f.. Y
they've straightened
It out an...
Mr. De Yurre:
So it
has been straightened out.
Mr. Genuardi: Yes. r
Mr. De Yurre: They've pulled the permit. x
Mr. Genuardi: Yes, they did.
Mr. De Yurre: On both sides.
Lo
� 1
_ r 3 s r t '- i r- �r s$ 3 T .�i'.'> `rm +p"^•, ��`TKjxs'�'.7-'�'i
Mr. De Yurre: OK. Thank you.
43. AUTHORIZE ISSUANCE OF RFP FOR THE PROVISION OF BOND WDERURITING
SERVICES - authorize appointment of selection committee.
Mayor Suarez: Item 35. RFP for bond underwriting and authorizing appointment
of selection committees by the City Commission to evaluate the submitted
proposals.
Mr. Carlos Garcia: Mr. Mayor, members of the Commission, we're asking you
today to approve two RFP* for bond underwriting services and also to appoint
members to two selection committees. You don't have to appoint those members
today but we'll need your appointment within the next two weeks. The first
RFP has to do with the GSA Building which, as you know, has been approved by
this City Commission and the next step on that process is to go through the
selection of underwriters. The second RFP is to select underwriters, three
underwriting firms to do a bond sale for the City during calendar year 1989.
As you know, the City Commission approved a filing an application with the
City of Gold Breeze to apply for $10 million dollars in bond proceeds. After
we talked to their insurance company, we have decided not to go ahead with
that application because their requirements were excessive in our opinion so
we have decided to go ahead and sell bonds ourselves. So the first time those
underwriters would be used will be for this first bond issue which we are
calling at this time a capital improvement special obligation bonds and which
has to do with the next item on the agenda which is item 36.
Mayor Suarez: Any problems with this, Commissioners?
Mr. Plummer: All I think we reserve the right to name the selection
committee.
Mr. Garcia: Yes, sir, you do. Everyone of you has to select a person for
every one of the two committees.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second. t`
Mayor Suarez: Second. Call the roll.
4`
The following resolution was introduced by Commissioner Plummer, who
moved its adoption: w
RESOLUTION NO. 89-40 ,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO: 121
DISTRIBUTE AND ADVERTISE THE ATTACHED REQUESTS FOR.
PROPOSALS (RFP) FOR THE PROVISION OF MANAGING BOND
UNDERWRITING SERVICES, AND AUTHORIZING THE APPOINTMENT �rh
OF SELECTION COMMITTEES BY THE CITY COMMISSION TO x ,�
EVALUATE THE SUBMITTED PROPOSALS. th
(Here follows body of resolution, omitted here and oa F
- file is the Office of the City Clerk.)
s _.
AM i Commissioner J. L. Piummar, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
!Mayor Xavier L. Suarez
NOR$: None.
ABSENT: None.
44. CAPITAL IMPROVEMENTS PROJECTS: approve in principle certain programs,
Mayor Suarez: Item 36. Establishing the priorities...
Mr. Wally Lee: For the allocation of funds among the several capital
Improvements projects, which we have discussed in the last few months.
Mr. Odio: I guess what we should do, maybe is the Guzman Hall decision
because what we will like to do if we decide; and that is what I would
recommend that we put that project aside, is to take that loan and distribute
it among these projects in priorities.
Mayor Suarez: But that loan is just a....
Mr. Odio: No, we have the loan in place so we have to do is may; well..
Mayor Suarez: We have monies allocated, but we don't have a payment plan.
Mr. Carlos Garcia: No sir, we have that cash in the bank we have $6,500,000
In the bank waiting for.. _
i
Mayor Suarez: How do you expect to pay for it?
. Mr. Garcia: How is it being Paid for, right now?-
Mayor Suarez: How do you expect to pay for?
Mr. Garcia: It was going to be paid by the monies the City was supposed to
get by Off -Street Parking.
Mr. Odio: But since we are not.
Mr. Plummer: But wait it minute, wait a minute...
Mayor Suarez: That the whole point.
Mr. Plummer: What the hell are we doing here? I mean how much money we have
In the bank?
Mr. Garcia: We have six and a half million dollars for Gusman Hall, which has
nothing to do with this particular project at this time; indirectly it does.
Mayor Suarez: Unless I'm wrong Carlos, and before we spend the next half hour,
arguing about absolutely nothing, all we have done is we have applied to a
Sunshine State Pool where they have money available. Those monies have been,
allocated to us, in case we find that we need to borrow that money, we're
paying in the mean time for, and we have a repayment plan by issuing on one of r
two kinds of bonds, G.O. bonds that have to be approved by the citizens of.
Miami. We don't have an of those planned. Revenue bonds, if they're going to}
be revenue bonds we better start talking where revenue are coming from; the
last time we talked about a revenue bond plan it was a total of $10,000,D00
that you brought to us that you thought we could issue bonds for a► total of
$10,000,000 and of course we will take advantage of the six and a half sil'3on.;
from the Sunshine State Pool, but they have to be repaid from bonds, Don't r 7
Rive the impression that, we have six and a half million dollars sitting; titii:rp r ;.
in the bank that we can use, we have to pay that money back.
�40 c —
is 14 �J.F
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i
Mr. Odios What I'm saying is we talked about borrowing another ten millions
so we don't need to do that now because...
Mr. Plummers Wait a minute , hold on as the Mayor said there is no general
obligation bonds that are going to pass. They got to be revenue; not one of
this capital projects listed here is a revenue producer.
Mayor Suarez: Now we are going, exactly; we are to go capital projects none
of which are going to be able to ...
Mr. Plummer: Not one, what do you think this is Eastern Airlines? We don't
run that way.
Mayor Suarez: Now you have told us Mr. Manager, and I think Mr. Finance
Director that there were certain revenues that you were prepared to pledge for
a total of a $10,000,000 revenue bond issue. OK, let's clarify what those
funds are they should have add to at least a million dollars a year, I would
think.
Mr. Garcia: At that time we had told you that we were planning to pledge the
Dade County Court fines, fines and forfeitures, which amounts to two million
dollars. As I said when we talked to the insurance companies.
Mayor Suarez: Two million dollars a year predictable, pledgable and all the
other requirements.
Mr. Garcia: Right. When we talked to the insurance companies again behind
the Gulf Breeze bonds, they said that that pledge was not strong enough they
wanted some other pledge from the City. Now that we are going to go on our
own, we have to first side shop the bond issue first. We need to decide how
such money we need, and once we determine that then we can come on with a
pledge.
Mayor Suarez: OK and in the process as Commissioner Plummer very wisely
indicated we may, we ought to focus on the fact that none of this projects
will in fact produce streams of revenues that will guarantee any of this
bonds; so we got to be sure what we going to rely on and you told us that
— maybe the fines and forfeitures.
Mr. Odio: Mr. Mayor we, we are committed to "J"...
Mayor Suarez: To what?
"-
Mr. Odio: Range Park swimming pool, which you know we are in progress.
Mayor Suarez: Now you are going to try re prioritize. Are you telling us Mr.
u Manager that you recum,.,tend that we do in fact find streams of revenues
f
including the fines and forfeitures and any additional guarantees that Carlos
— is talking about, so that we at least have a ten million dollars revenue bond
— issue?
l
Mr. Plummer: "J" is coming out of the 48,000,000 of the bond park money ... no?
NZ
t
Mr. Garcia: No, air.
=. 4
Mr. Odio: No sir, no sir that we always said...
Mayor Suarez: Which is that, J?'
Mr. Plummer: The Range Park.
— Mayor Suarez: No, we weren't able to come up with any for that. You. think
that we can afford a $10,000.000 revenue bond issue?.
T
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— Mr. Odio: And that's it.
y
Mayor Suarez: Which will satisfy the requirements of the Sunshine State Pool?.'-
Mr. Odio: Let me explain again, we have $6,100,000 already. So we will need
to borrow only $3,900,000 to comply with
— P Y your $10,OOOs000.
140
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=103MV WIN
6
a
Mayor Suarez: Set aside, but even as to the six I want to clarify that we
have to pay that money back so whether we..
Mr. Odio: You have to pay it back.
Mayor Suarezt As to the other amount apparently we have to come up with a
secondary pledge is that what you are saying?
Mr. Garcia: It depends on what pledge we decide to use, whether we escort
fines or something else, you know.
Mayor Suarezt If we use the fines and forfeitures.
Mr. Garcia: It depends on the size of the bond issue that we are going to
sell.
Mayor Suarez: Look we been talking about a $10,000,000 revenue bond issue.
Mr. Plummer: Mr. Manager, on K, what started out as five hundred thousand
went to six hundred thousand, went to nine hundred thousand the last time I
took it off the agenda it was a million two, and now it's up to a million
f ive .
Mr. Odio: I really...
Mr. Plummer: What the hell is going on?
Mr. Dawkins: Will somebody overthere tell me where we are? You said you have
$6,000,000 on hand...
Mr. Odio: If you decide not to do the Gusman project, we have $6,000,000.
Mr. Dawkins: Let's take this a step further. I never decide to do the Guzman
project. We decided to let the Off -Street Parking do that. Off -Street
Parking said they are going to do it, so I'm not going to do it. Now the
six ... no no..
Mayor Suarez: I think that is a pretty fair statement of the situation they
have sort of lead us along now they are not going to do it so the project
obviously is not going to go forward, I mean is anybody here have any doubt
about that? You don't have any doubt about that, do you?
t
t-
Mr. Dawkins: No where will the fund come from, to retire that six and half
million dollars? Because we already borrowed it we have to repay it.
Mr. Garcia: Right. We have the money in the bank as you said commissioners
seventy percent of that debt service was to paid by Off -Street Parking, thirty
percent by the City or some other institution of the City such as D.D.A. If
we are not able to do that project for Off -Street Parking and D.D.A. we have
s
the option of turning that money back to the Sunshine State Bond Pool; we have s
also the option of keeping that money ...
Mr. Dawkins: And with, all right, I'm going to keep it. Let's assume I'm
going to keep it this is what I'm asking you. If I keep the six million.
dollars where will the revenue come from to retire the six million dollar f
bond?
;1
Mr. Garcia:
It will come from some revenue that is
now coming -into the
general fund.
It may be the courts fines and forfeitures
that I just mentioned
it could be something
also, but evidently it's going to
be a revenue that is
now a revenue
of the general fund.
Mr. Dawkins:
You get paid to tell me where it's coming from, give me three
options A,B,C
and D and don't tell me it may come from.
Tell me it will.coaie 'ya
from A, or if
we don't get it from A will take from B, if
we don't got frc A;
will take from C'
, give me something specific air.
— Mr. Garcia: It could be a court fines and forfeitures.
s�
Mr, Dawkins:
Right, sir.
L
,
. V -
147
i �
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i
Mr. Garcia: It could be utility service tax, electricity, it could be a state
revenue sharing.
Mr. Dawkins: That's good. What's six million OK, now according to this wish
list we are six million dollars short. So that's another...
Mr. Odio: No sir, we just listed all this projects so that you Mould choose f
what to spend.
Mayor Suarez: Well that's what he was saying.
Mr. Odio: OK, I'm sorry.
Mayor Suarez: It's a wish list if you took the entire wish list it adds up to
what, twelve? It's that what you are saying?
Mr. Plummer: 8.18
Mr. Dawkins: Where you are going to get the other six from?
Mr. Plummer: No, no it's not, it is 18.7
Mr. Dawkins: Where you are going to get the other nine million dollars from?
Mr. Odio: We shouldn't....
Mr. Plummer:.... the other twelve.
Mr. Garcia: If this City Commission decides that we need $18,000,000, then
we'll have to sell bonds ourselves in the amount of $12,000,000, and also have
a City pledge for that purpose.
Mr. Plummer: You'll never, never ever convinced the voters.
Mr. Dawkins: He didn't said go to the... he said sell he didn't said convince
the voters.
Mr. Garcia: Right. In that case again we are talking about bonds that we'll
have to be repaid from revenues that are going into the general fund at this. _
time. Is not going to be dead service taxes.
Mr. Plummer: Hell of way to run an airline. 1
Mr. Dawkins: OK you just name A, B, and C to cover the six million. Now
where will the revenue come from to cover the other twelve million?
Mr. Garcia: It will be basically the same revenues because those revenues are
large enough to support the six and the twelve, but again that is not our
recommendation at all Commissioner.
Mr. Dawkins: Now if we go the other step farther
and we get hung up in the -,
,
Camillus House and we buy the Camillus House for
$2,000,000 where will the
IBM
money come from to repay that?
Mr. Odios We brought it to the Commission than
when we .sell the Watson -a
building...
Mr. Dawkinr: No sir, hold it right —the Watson building by resolution. Where
Is the resolution? Somebody bring me the resolution. The Watson building by r?
resolution its designated that the return from the
Watson building be used to ;}°t
plan and execute a new administration building. That's what the resolution #'=
said. Now go back and tell me where are you going
to get the money from now f
sir?
Mr. Plummer: May I ask a quick question? Carlos, of the $2,000,000 from fine$
and forfeitures it's not the first year we have ever received it, what Man: t
used for last year?
m+
Mr. Garcia: For the general fund, as it's been
used-right.norr -it Is bash
used...
'Plummer:
Mr. That will be $2,000000 less into the
geaera1-.'fund.... max,
148a0ual'�►
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4
Mrs Garcia: Certainly.
Mr. Plummer: Well you better say that.
Mr. Garcia: I have said that Commissioner , I thought.
Mr. Odio: That's what I have to recommend that we do not go beyond the ten
million.
Mr. Plummer: That means that if the general fund is not sufficient, taxes
have to go up.
Mr. Odic: We have planned the ten million, and I have to recommend going
beyond zhe ten million.
Mr. Plummer: Robin, Peter to pay Paul. I mean you have to have your money
for your general fund, you got to have $6,000,000 more next year than you got
this year to operate the two substations of the police stations. And you are
talking about taking $2,000,000 out of the general fund?
Mr. Odio: Well, we need these projects and we had planned on the $10,000,000
and we had planned on the $2,000,000 to pay for it.
Mr. Plummer: Other than Range Park pool we don't have a commitment, well I'm
sorry Pier 5 but not for that amount of money.
Mr. Odio: No sir, the Coconut Grove Exhibition Center.
Mr. Plummer: But what I'm saying to you is this. We have a commitment on
those projects .
Mr. Odio: $4,525,000.
Mr. Dawkins: No, no and you got a commitment for Range Park and you have a
commitment for Hadley Park. That's what we said up here we will do. That's
what we was going to Gulf Breeze to get the money.
Mr. Plummer: Where is the money to come from to support that which a mandate
of the public to put in those police substations? The figure given is
$6,000,000 in excess of today's budget.
_ A
Mr. Dawkins: I didn't sit here and vote and may hold the budget and don't
raise taxes; you did.
Mr. Plummer: Oh yes, I definitely said that.
Mr. Dawkins: Then you figured out where to get it from.
Mr. Plummer: And I'm going to say it again.
sae
Mr. Dawkins: OK.
Mr. Plummer: But the point I'm trying to make is, if you're taking these
sources which we presently have and use them for these other things.
NEW
Mayor Suarez: These are capital funds, let's...
Mr. Dawkins: You are correct, J.L.
a-
' Mr. Plummer: No, no they are not capital funds, the fines and forfeitures
came out of the general fund he says. '¢
- ... .., ,. At
Mayor Suarez: Good point, we are about to... if we approve any of this we are
N
about to transform general operating revenues of the City or things that we .�.
use the general operating revenues into capital funds, which reduce our
ability to pay our operating expenses. Anyhow we're beyond that. we had �=
prs
already told the Manager that we were willing to pledge sufficient.Qtopr
revenue sources not to may revenue streams, to produce a $1Q,000,OOOrrevenUs
bond. Forget the damn Sunshine.State Pool. That is just a pool from Mhich Wa
actually.borrow the money, but we have to pay it back to them and it comes fn;
a lower interest rate. The money is not aside there. We may not even 'be.
149 rP 4 h -
_ r
loosing money, we may be ..well let me not say it out loud because l don't
anew that it is one hundred percent legal. Let's now deal, is every
Commissioner here of a mind to issue up to a $10,000,000 of revenue bond....
Mr. Dawkins: No.
Mayor Suarez:.. -and if not then we got a problem. because then is not
prioritize because if we are all in a mind to do it, which I thought we had
talked about doing before, then we can go to prioritization.
Mr. Dawkins: One point of clarification, Mr. Mayor is that ten million plus
the six million that they got?
Mayor Suarezt No, no.
Mr. Dawkins: ...or that is four plus the six.
Mayor. Suarez: Yeah, it will be a total of ten, will use the six million for
lover interest rate. OK.
Mr. Dawkins: All right.
Mr. Plummer: Right million of that In already project for which we are
committed for.
Mayor Suarez: OK, that's the question I was going to ask now, before we do
much fooling around here on prioritization.
Mr. De Yurre: Don't forget that Youth Center now.
Mr. Plummer: You can't, you can't include the Youth Center.
Mr. De Yurre: Well, we better think of something... we
better think of
something.
Mayor Suarez: OK, I'm not convinced that there is eight
million that we
absolutely committed to. Let's go through the list because we might well know
if we are committed to we going to have to issue revenue
bonds or do
—, something.
Mr. Plummer: Two point five for Coconut Grove.
Mayor Suarez: Where do you read 2.5, I'm reading 2.0.
'
Mr. Plummer: No, above it there is the air conditioning which is the same
boat.
Mayor Suarez: Now that says next to it, *No action taken today on a _
commitment," what does that mean?
—� Mr. Plummer: But is got it be done.
•,
Mayor Suarez: ...an air conditioning system replacement
and upgrade. We #
haven't taken any action even though we are building a
facility that is
supposed to be ready for the ASTA Convention, and we haven't
taken any action
�j on their air conditioning system?
Mr. Plummer: Oh they don't need it.
:y
=
Mayor Suarez: Are you saying that we can conceivably continue
functioning with
'- the existing one for some time?
—�
Mr. Lee: We can get by Mayor, but the cost is tremendous.
And that Is.t:he
season this item was put...
f
Mayor Suarez: Change it too you know...
hr. Plummer: Well hey look. Let's look at it this way. You're talking about
2.5 in Coconut Grove, you're talking about 2.0 at Hadley ... I'm xasd,ing your
numbers. Well Range is 2.1. and then you got the Miami'Arenal which are
four commitments. OK. That's $10,000,000.
-
150yy`'&r
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77 —_
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Mr. Dawkins: J.L. no, "E" has been appropriating by ordinance, that's 300.
OK.
Mr. Lees Commissioner by ordinance...
Mr. Dawkins: G has been appropriated, "J" has been appropriated and we
promise the people up in the northeast.
Mr. Plummer: No, they don't have the money for "J", except through this
source. Is that correct?
Mr. Dawkins: They don't have the money for any of these.
Mr. Odio: No, no some of these projects have been appropriated prior from the
general funds and they are covered.
Mr. Dawkins: From the general fund.
Mr. Odlo: Teo, what we were trying to do...
Mr. Dawkins: Name give them to me, name.. give them to me ...
Mrs. Kennedy: Yes, separate the ones that are covered by the general fund.
Mr. Odio: List them out, Eduardo.
Mayor Suarez: You really should not have included the ones that are supposed
to come out from the general fund.
Mr. Dawkins: Give me that ones from the general fund.
Mrs. Kennedy: They like to make this harder.
Mr. Odio: We would like to relieve the general fund.
Mr. Eduardo Rodriguez: Commissioner, the only one prior that have general
fund is "G," Marine Stadium structural and repairs. The appropriation said
general fund.
Mayor Suarez: That is now out of the list, "G."
Mr. Dawkins: That's been paid for..
Mr. E. Rodriguez: No. sir. We didn't start that project. That 'project
never...
Mr. Plummer: You told us that was an emergency that had to be done
immediately, and you haven't even started it.
Mr. E. Rodriguez: It was. That's correct. That happened two months ago.
Mr. Plummer: May I help you with the definition of an emergency?
Mr. Dawkins: Hold it, come back to me, come back to me.
Mr. E. Rodriguez: That project received an appropriation as stated there in
the appropriation 10347 November 14...
�c
Mr. Dawkins: Let me ask m question of you again sir. Of the r.0
Y 9 Y 8 projects on
this sheet of paper which ones have been funded out of the general fund?
Mr. E. Rodriguez: "G," Marine Stadium structure and repairs...
fi� l
Mr. Dawkins: That's been paid out of the general fund.
i a}f i .3's �R3v
Mr. E. Rodriguez: No sir.
Mayor Suarez: Or it has been budgeted.��$
Mr. 8. Rodriguez: ...received an appropriation is budgeted, '£r
Mayor Suarez: Thank you.
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i
Mr. Dawkins: But there is money... I'll go another way; there is money in the
i
general fund to pay for "G"?
i
Mr. S. Rodriguez: The question is yes.
Mr. Dawkins: OK now, which other one is it that has the money in the general
fund?
Mr. E. Rodriguez: Could you repeat that question please?
Mayor Suarez: Are there any others that we have budgetted from the General
Fund?
Mr. S. Rodriguez: No, the only one is "G" Marine Stadium the only one.
Mayor Suarez: Are there any others that absolutely we have by ordinance and
by commitment, or by necessity that we have to do?
Mr. S. Rodriguez: "B," Coconut Grove Exhibition Center is on the contract..
Mayor Suarez: OK you are leaving out A, because conceivably....
Mr. Odio: We do not have to do. Right, we can get away without.
-
Mayor Suarez: ... we could go with the existing air conditioning system. You
are saying B and that's exactly a 2.0 million what is?
Mr. E. Rodriguez: That's a contribution that the City has to do.
_
Mr. Odio: But... but let me say something and I wasn't prepared for that but
Blaisdell told me the we could have more money available from that Sun State
not so —this $2,000,000 could very well be reduced ...
Mrs. Kennedy: How much more are we talking about?
Mr. Odio: He doesn't know yet. He still in negotiations with the banks.
Mr. Dawkins: You see that's why we are in trouble, you see. We never know
what the hell we are doing, now you tell me that we got two million, we may
i
not have two million, we may need two million but we may not need two million,
but I tell you what Blaisdell said. Blaisdell said that you don't need two
million because we got five million. You know tell me now that tomorrow this
i
is what we got. And don't tell me about Blaisdell, because I'm going to hold
the Manager responsible.
-�
Mr. Odio: You can hold me responsible I'm trying to inform you, Commissioner.
Mr. Dawkins: No you're not... you're not Mr. Manager, you are not informing
me sir. You're giving me some rhetoric that doesn't add up.
=�
a
Mr. Odio: We need two million....
Mayor Suarez: The bondable capacity of the funds that Mr. Blaisdell is using
for many, many months Mr. Manager we've been told that that may produce more
-
funds. When are we going to have the answer to that question?
Mr. Odio: He told me that we should know by next week. And that is not in my
hands.
_ Mayor Suarez: It has to be a week from today, so we can't have that
Information available today. `<
1 Mr. Odio: It's in the Sports Authority."
Haver Suarez: OK. an we fnav ba ibla hn raA1.N'a ♦1.,ft waaA Or-r%M a a�a&
Mayor Suarez: Alright, I guess we are going to get volunteer painters and
paint.
Mr. Odlo: We do not need that now.
Mr. Dawkins: We are omitting "A," and we are omitting "B."
Mayor Suarez: "B" and "C," as of now, we are holding "B" because we don't
know how such money we are going to need for that.
Mr. Dawkins: But we are eliminating...
Mayor Suarez: ... and "G" is out.
Mr. Dawkins: We are eliminating "A" and we are eliminating "C," and "G" is
out.
Mayor Suarez: Right. We know about the mini station. That's a small item.
By ordinance have granted that amount and hoped to be able to fund that OK.
And that is a small amount, Hadley Park swimming pool in addition to Range
Park are obviously big ticket items that we have to prioritize.
Mr. Odic: But we prioritize, and you did, not me. The Range Park swimming
pool it is in progress...
Mayor Suarez: That one we have said it should come from the monies right
after the $70,000, right.
Mr. Odic: That is correct. That was prioritized by you, is in progress;
demolition starts next in —two weeks -or in a week I'm sorry.
Mayor Suarez: So we kind of stuck
priority. If you think of the Legion
which is really kind of a small item.
Mr. Plummer: What was number one?
without being number 1 or number 2
Park police mini -station as an item,
Mr. Odic: Range Park swimming pool, and Exhibition Center are both one
because...
Mr. Dawkins:
Exhibition Center "B" is number one.
Mayor Suarez:
Except that in may not be $2,000,000 it may be a substantially
less than that.
Mr. Dawkins:
"B" is number one. It might be more than
$2,000,000.
Mr. Odic: No,
it is not.
Mayor Suarez:
No, it couldn't.
Mr. Dawkins:
Well, you all are mighting.
-
. 1
Mayor Suarez:
Anything is possible.
-
Mrs. Kennedy:
What about "A"?
Mr. Plummer:
What about "A"7
Mr. Odic: We
don't need that. We can continue the
operation with.the�air.
that we have there.
z>
Mr. Dawkins:
And number 2, is Legion Park that's the
second priority...1 meat► ;F '
I'm talking to the people up here who vote.
Mrs. Kennedy:
I would say Range.
R.-
Mr. De Yurre:
That's right. Well, Legion Park we are
committed to that one.
Mayor Suarez:
We did that by City Commission action.
f
Mr. Dawkins:
Is that correct up here?
1ST
.�..,<,r.{tetR�► ��! �;'�� �k�ttT,'. {
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•
Mayor Suaree: Yes.
Mr. Dawkins: Alright.
Mr. Plummer: Legion Park is number two?
Mr. Dawkins: Yee. Range Park is number three, is that right?
Mayor Suaret: yes, we've actually acted on that, and have indicated to the
community affected that the will be one of our top priorities.
Mrs. Kennedy: OK, so that's number three.
Mr. Plummer: OK. Let me tell you gentlemen you have little or no choice on
=
"K." Tou're committed to that.
Mr. Dawkins: Why?
'
Mr. Plummer: Because you made an agreement with the ... when you bought out the
charter boatman. You made a commitment. I was the one that went and negotiated
It. That's what you sent me to.
Mr. Dawkins: Alright, is that one, two or three or four? What's the priority?
Mr. Plummer: I can't say one exceeds the other, but there is a commitment
i
with a deadline of a .... October 31, 89 to have it completed. And that is a
commitment.
Mayor Suarez: Pier 5.
Mr. Plummer: I still disagree with the amount, but still that is a
commitment.
Mr. Mayor: What are we up to? Has anybody been adding up...I hope?
Mr. Dawkins: "K" is 1, 3, or 4? 4? _
Mrs. Kennedy: That's 4.
Mr. Dawkins: "K" is 4.
Mr. De Yurre: Alright, "K."
Mayor Suarez: What is this item "H," that I see at 3.114 million dollars?
That's obviously a misprint.
Mr. Odio: No, that will be to completely renovate Bayside Marina again, and I
have a problem with that.
Mayor Suarez: Three point one million dollars?
Mr. Odio: That's what it will take to completely, re -do it all over again. I
think we should wait for the lawsuit to be settle and then decide on that.
Mrs. Kennedy: How is the lawsuit coming, Mr. City Attorney?
Mr. Fernandez: We're presently at the pleading stage, which means its
preliminary in the lawsuit, but we have certainly sued everyone that we,
believe was negligent in the design and the construction of what we now have
to literally demolished and do all over again.
YxEy rY
Mayor Suarez: That alternative must assume that we would have to tear .up
every single thing that is out there and rebuild the entire thing.
rz+=
Mr. Fernandez: I don't know that much of the detail perhaps administrati"
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will...
-
Mayor Suarez: They do. Yes
or no?
-
_
Ms. Aurora Badia: Yes, we
are proposing a new alternative Vith Slips aypµt
the maximize the capacity of the area,,
thus -4acreaeLug! tbs, xevenup genera�s�d
by the marina.3�
-
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Mayor Suarez: Don't get complicated with increasing revenues. Tell toe
something, this is the most expensive of the alternatives, this is rebuilding
the whole thing. What is the least expensive of the alternatives? I want to
have a range as to where from what to what we're going to have to spend over
there?
Ms. Nadia: That's what I'm trying .... I'm going to hand something to you.
Mayor Suarez: I don't want you to hand it to me, I want you to tell me.
Ms. Badia: OK, the least expensive is two thousand three hundred and eight -
nine, two millions three hundred and eighty-nine thousand six hundred.
Mayor Suarez: I thought we have been told there was one alternative that
might cost us little as a million dollars.
Ms. Badia: This one is the one.
Mayor Suarez: That's the one I'm looking for, the least expensive.
Ms. Badia: That's the two million, because we are..
Mayor Suarez: How did we go from one to two million in such a short time?
Mr. Plummer: Same way that the Pier 5 boatmen went from five hundred thousand
to a million five, I don't know and I'm not going to move on it until I find
out.
Ms. Badia: The total amount of construction is one million eight hundred and
eighty five thousand. We add the floating docks one hundred and seventy five
thousand, and fourteen percent of engineering cost and two percent of
incidental; that will come out to two million three hundred and eighty nine
thousand six hundred. That's the one that we had before but...
Mr. Plummer: Absolutely crazy. Plus a million five they're proposing for the
rest of the dock which is the Pier 5 boat. So that's five million dollars.
Ms. Badia: Yes.
Mayor Suarez: We're holding off from both of us I gather from listening to
the Commission..
Mr. Plummer: I guess we got it buy when we bought for a million six, right?
Ms. Badia: No the same happened, we have Fishermen Pier.
Mr. Plummer: They stuck it and broke it off.
Ms. Badia: The construction is 1.2 million plus thirty percent, thirty
thousand of the turn around, that's one point three million; and fourteen
percent of engineering cost and two percent of incidental.
Mayor Suarez: Just give us the big ticket items. Let me summarize here for
the Commission, please. It sounds like we got six million dollars that are
j
absolutely committed, then we got Coconut Grove Exhibit Center expansion with
—_
as much as two million needed but we may be a lot less than that, conceivably
could be zero, could it not Carlos? No?
Mr. Garcia: It may go down by two hundred or three hundred thousand dollars.
What John Blaisdell In talking about is additional revenues interest earnings
on the funds that he has.
Mayor Suarez: Right, it wouldn't go down by much then, so there In not much'
=.s
pain to be avoided there. We also have as high as conceivably five million
plus for just Bayside Marina and Pier S.
Mr. Plummer: That's five million.
'sx
Mayor Suarez: Yes, it may be even a little higher sounds like.
jz
Mr. Plummer: So that's five and seven, that's eleven already. `}
—t
155
-g
Z�q
Mayor Suarez: So we would have a total of another seven added to six or
thirteen. I don't know if we ought to go beyond that Commissioners, unless I
think we ought to..
Mr. Plummer: You mean beyond the eleven?
Mayor Suarez: Beyond the possibility that we have to come up instead of with
ten just for commitments and things that actually have to be done; we may be
at thirteen.
Mr. Dawkins: The only problem I have...
Mayor Suarez: Six and seven.
Mr. Dawkins: The only problem I have with that is, when we sat up here and
discussed this there was a park, a pool ... we discussed the pool for Range, we
discussed an indoor pool for Hadley and we discussed a youth center to be put
some place. Nov I don't hear anything about the Range pool, and I don't hear
anything about the Miami Youth Center.
Mayor Suarez: No, no I'm sorry the Range pool is included.
Mr. Dawkins: I mean the Hadley pool, the Hadley pool.
Mayor Suarez: Well that and the youth center sound like items that we ought
to figure out where we are going to get the money from. But I don't know if we
can make amendments on those right now.
Mr. Dawkins: Well, I tell you what you don't have my vote on none of this,
unless we go here that's just one vote.
Mr. De Yurre: Well we have to understand where our priorities are, in the
whole scheme of things here. We talked about Coconut Grove Exhibition Center,
we talked about the Miami Marine Stadium, we talked about a number of things
and if you start analyzing this where do the residents, the residents of the
City of Miami actually benefit from that? The county may benefit from it, but
I bet you that most of the people living in this City of Miami don't have a
boat to put in a slip, don't have much reason to go to Exhibition Centers...
Mr. Plummer: Excuse me? I hope nobody misconstrues this is not my issue on
Pier 5 boatmen, I was sent by this Commission to go negotiate the best
available price that I could. This Commission made the commitment to move
them over to Watson Island and to bring them back. So it's not for the
boating public, it was a commitment on behalf of this Commission. After that
is when I was asked to go and negotiate it I...
Mr. De Yurre: J.L. I was just talking about philosophy. We talked about
fighting crime and we spend seventy some million dollars a year, protecting
our citizens...
Mr. Plummer: Seventy-five, and it's going to be eighty-one next year.
Mr. De Yurre: Now, instead of preventing criminals from being created and
that is giving them the attention they need, the alternatives to stay away
from criminal activity in their youth; that's the best way to fight crime.
Keep kids supervised, keep them busy, keep them out of trouble and we are
looking at building a youth center for the City of Miami and we are the
flagship City not of Dade County, we are the flagship City of the state of
Florida, we don't have a youth center Coral Gables has one, Miami Beach has k'
one and Lord knows how many other cities in our state have one and yet the -`
City of Miami doesn't have one. And I tell you I will not vote for this,unless
we make some allocation for the youth center. The fact that we have
$2,000,000 of revenues to use for this, hell when we need 450,000, I don't r
know how but from somewhere we get it and I bet you through out the year we
come up with way more than $2,000,000 for things that we had no notion that
we're going to come up at the beginning of the year when we pass the budget,
but we get it somehow so I can assure you that this $2,000,000 can be used to
fund all the things we need including the Hadley pool, including the Range
pool, including the youth center and we will not miss a beep; that I .can be
assured of.
S 1 �i
Mr. Plummer: Let me ask you this question, I mean you know you talked to the
youth center, where does the number come up almost $6,000,000?
Mr. De Yurre: Where is Al Ruder? Kevin.
Mr. Plummer I don't know what the hell you're building for $6.000,000, but
calling for round numbers by the time you get finished six million dollars.
Mr. Kevin Smith: That figure was put together by the firm of Spillis Candela
Partners based on the Miami Beach Youth Center.
Mayor Suarez: What are we talking about? I mean..
Mr. Plummer: Six million dollars?
Mayor Suarez: What kinds of components does that...
Mr. Plummer: We didn't pay that mini -station, I mean for the substation.
Mr. Smith: The design that has been put forth includes the following
components and their options, swimming pool, bowling alley, indoor basketball
courts, activities room, ice rink, gymnasium I said, arts and crafts areas....
Mr. Plummer: But you see that's the kind of thing, let me tell you something
and I'm not finding fault with you individually, That's the kind of thing that
kills these kind of projects. They are outlandish in their initial concept
that when you come here and you talk about $6,000,0001 You know talk about a
million or two million dollar youth center to get it build and to get it
started then you want to add to it, but my God that is the most expensive item
on this whole wish list.
Mr. Odio: We were ask to look at the Miami Beach Youth Center and that is
what that was.
Mr. Plummer: That don't mean because you look at it that the is the figure
that you are locked into it.
Mr. Odio: No we are not..that is what it cost to build a similar youth center
that is like Miami Beach.
Mayor Suarez: Let me then base on the discussion if I may hold you for a
second Kevin, let's ask Vice Mayor De Yurre, if we were hard pressed and we
could come up with a portion but not all of five point whatever million it is,
what do you consider the most important components of this, athletic
convocation center or whatever it is, it sounds?
Mr. De Yurre: I think that one thing that attracts kids and let me tell you,
and one thing that we don't have in this City of Miami and we could say is it
a priority thing should we go along with it or not, for the City of Miami we
don't have any bowling lanes. Maybe is not a priority for us to go bowling
but that something that is there for our youth for people in general. Ice
skating ring the City of Miami doesn't have one period; I think we don't have
one south of Plantation except for the one in Miami Beach at the Youth Center.
Those are things certainly we could live without them, but for the cost, it's
something that we may want to have for our children there, for our community.
Now if we could stick to the basics the basketball courts, the gymnasium, the
swimming pool...
Mayor Suarez: Indoor basketball gym not courts, because we have plenty of
basketball courts.
Mr. De Yurre: Yes, indoor you know is a matter of that we want to do
something that is really outstanding or not; or do we want to just Pro -Tide
some basic function that children can go to and attend. You know that le.Mhy:h
was just philosophizing..
Mr. Plummer: Yes, but Victor there is also another factor OK...
Mrs. Kennedy: The operating...I was going to ask...
Mr. Plummer:... exactly, what is the on going factor for operatioq.aa t►eU.a;`
maintenance?'
x�:
l57 Ja > s>`y 12, 444fv
i
Mrs. Kennedy, might.
Mr. Plummers That is just another factor that has to be just look how small
Tacoley is and wa got a contract with them for what, hundred seventy three
thousand a year just for supervision, and that doesn't include any
maintenance.
Mrs. Kennedy: You have any figures, Kevin?
Mr. Smith: I have rough figures.
Mr. Dawkins: Mr. Mayor thought, I thought this morning when the Kiwanis said
that they where going to think of building a youth center that we would have
tried to go in conjunction with them and match wherever they raise and come up
with the youth center, because they're trying to raise money and if we said
we'll match what they get then we can built, we can build...
Mr. Plummer: That's a good idea. Well, an importantly they not only spoke of
the so called youth center, but they are also talking about staffing it,
operating and maintenance as their total project.
Mrs. Kennedy: And then let them call it the Kiwanis Youth Center or use their
name in any way they want to.
Mr. De Yurre: Let's allocate S3,000,000 for that, and they can pick up the
rest if they can start out and we can work together have a base of three
million to start with then the commitment that they could get, we could build
something nice.
Mr. Plummer: I just ... you know, I think a youth center for this town will be -
great and I think model after Coral Gables as I know how that operates is
great. But I just...
Mayor Suarez: What components does Coral Gables have?
Mr. Plummer: They have five million, they have basketball...
Mr. Odio: They have a very small basketball court.
Mr. Plummer:... its small but is very good and it's a good operating program.
Mayor Suarez: What else, because that is not that expensive by itself. -
Mr. Odio: They have a swimming pool, a football..
Mr. Plummer: Oh, Lord nol
Mr. De Yurre: No they don't have any swimming pool. They have Venetian pool
but that's not part of the complex.
Mr. Smith: The architect's information relates to gymnasium expand of a
gymnasium unit component would be roughly six hundred and thirteen thousand
dollar.
Mr. Plummer: But look, here is what I'm saying; to start the youth center is
great and I think you can do it in sections, but to start off with a six
million dollar facility you got to figure, or at least I'got to figure, that
the operation of that center will be at least ten percent a year; you're
talking about six hundred thousand dollars operating cost. Where is that going
F'A f,
to come from? Hello?
Mayor Suarez: I think the consensus is that we marry this concept of a-youth4fvil
center with what the Little Havana Kiwanis is doing, that we stream line .or'
a
cut back. I really think that you ought to consider for the -basketball -
gymnasium, for example, indoor/outdoor. You know, do, covered outdoor
It is not nearly as expensive to built, is not nearly as ex easiVa. k,sx
playground. y P Y P
to maintain, we had one of those at Villanova and it was used enormously.
we are no where near at that point. We're no where near,=-f ive point. o k
million dollars; Mr. Vice Mayor De Yurre was talking about maybe three million
plus the sports complex of Little Havana Kiwanis for an overall youth center�.,
Three million may be the figure. It -still sounds like we don't quite have tba "t f7$
money but it's a heck of a lot better than talking about 5.3 million. t"
158 ery
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A
C i _
Mtr. nuemart S.O. Does that ibelude the land?
Mayor Suarett The lard presumably is one of our parks.
Mr. Plummer: Ah?
Mr. Smith: The land will be one of our existing parks.
Mr. De Yurre: Three million.
Mayor Suarez: As a priority decision effort I would go with the idea of
combining the two concepts and limiting the City's involvement to three
million, obviously they would have to be located in the same location if it's
going to be a youth center and that has yet to be determined.
Mrs. Kennedy: I agree with that Commissioner Dawkins said, I would also like
the Hadley Park Olympic complex included.
Mayor Suarez: Yes, I'm sorry, combine the two things. You know what? what
this comes out to Mr. Manager is that I think we have said that other than the
Items that have otherwise been allocated or budgeted for which is not all that
large. And other than the two million dollars for the Coconut Grove Exhibition
Center that we're going to get a reply as to how much lower that can be, and
other than I think one other item here the Marine Stadium barge that we
haven't discussed. We want all these items and we reduced of course the youth
center down to about maximum three million dollar involvement of the City.
Could you prepare for us and can I make this into a form of a motion a new
list that excludes all those other items, we'll have to discuss separately the
Marine Stadium barge, electrical improvements and painting. I agree with Vice
Mayor De Yurre, that does not look to me like the highest priority in the
world. If it is, I suggest you go back and find some funds from operating
revenues to fix that or from whoever, you know we... '
Mr. Plummer: The Marine Stadium?
Mayor Suarez:...Yes, we once turned down..
Mr. Plummer: Excuse me, Mr. Mayor we were told that these were safety.
emergency procedures.
Mayor Suarez: No action taken today is all I can see and nobody here is giving
It high priority. We were once given a proposal by Pace I think it was to redo
the whole stadium in return for operating it for a certain number of years and
God knows we argued back and forth. We had a different composition in 'this
Commission and I don't know why we turned it down. It sounded like a great
idea it was no expense to the City. Maybe somebody ought to go back and talk
to them to see if they still want to talk to us. But as to the other items y.
and redo the list and bring back to us... what we're saying, I think, we don't
r want to give up on any of these priorities even if we have to around and find ;r
additional money somewhere. We have reduced a couple of them eliminated one_or
f two small ones and maybe we can get and revised list for the next Cam issioa
meeting. In the meantime also, Kevin what we're going to need is a modified
youth center idea that can be combined with the Little Havana concept for...
t P! V
} Mr. Plummer: It's worth exploring.
Mayor Suarez: Right and no more than three million at the outside, I don't
know if I'm reflecting correctly the consensus of this Commission, but I tell.:
you even three million dollars is more than I'm ready 'at'this' particular point r
to spend, as much as I like the idea. We don't usually have-groupt-that wane
In here and proposed to build a sports complex for two'million dollars out_of
their own fund and manage it, so let's try to build the two things together 0� ='
Into one. Reduce that as much as you can. Consider indoor outdoor basketball J
court you know, covered outdoor basketball court that's what it comes down to. r
Frankly bowling alleys and ice rinks I don't know that we are in a posit ion -
to
do that right now in the City of Miami, frankly I love some, of the other
elements, Mr. Vice Mayor, I love the idea of baseball parks that are' Is '`06 z f
stand for soccer. We have plenty of usage of our City parks for soccer;: blr ax f"
soccer teams and no stand to watch it from and we can't compete for,
7 International competition because of that unless they use the QrAnge Dc!wl`VY..
` no on, which In not what they typically rant to do.
k'� M
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Mr. Dawkins: One thing we never saying and I'm surprised the Commissioner
Kennedy has not pocked it up. I haven't seen a little league girl soccer team
nowhere in Miami yet.
Mrs. Kennedy: I have talked to the City administration about it, we have
talked about it many, many times an we are trying to form one as a matter of
fact.
Mayor Suarez: All girls?
Mr. Plummer: There vent our contingency fund.
Mayor Suarez: You are going to discriminate against the little boys? They
play together soccer nowadays.
Mrs. Kennedy: They can be all together. Girls have been discriminated from
soccer for a long time so we are yes ..
Mayor Suarez: I thought they played together nowdays. In the team my son
plays and they have girls. OK. Commissioner those that reflects more or less
our...?
Mr. Plummer: So we are sending it back for reworking.
Mayor Suarez: Try to come as close to ten million dollars total as possible,
1please.
The Manager has advised us that to go beyond ten million pledging of
1
our revenue sources that are now used for operations, as couple of
Commissioners have mentioned, is a little risky. I have by the way obtained -
+
and I thank you for it Carlos, and I send you a memo back commending you - an
i
announcement of all the revenues that the City has and can conceivably be
pledged for revenue bonds. And it's quite extensive but it's also what makes
us survive as far as operations and it adds up to; I'll forget..the one thing
!
you didn't give me was the total, I wish you given me the total in a yearly
-}
basis but it must have add up to sixty or seventy million dollars. That is
about twenty-five percent of our entire budget on a operating basis and we'd
be foolish to pledge much more than a fraction of that, so I think we ought it
j
be very, very careful at this point to not pledge too much of our operating
1
revenues for these capital projects as exciting as they seem to be.
f
_
Mr. Plummer: Mr. Manager you'll never survive budget this year.
'
i
Mr. Odio: I have to worry about others...In the meantime...
Mayor Suarez: We need to make that in a formal motion. Does that reflect the
priorities?
Mr. Odio: Can I ask a question Mr. Mayor?
—
Mayor Suarez: Yes.
�.
Mr. Odio: Range Park swimming pool can we allocate that now subject to the
whole amount being later allocated?
=_
Mayor Suarez: I will entertain that in a form of a motion. I think we are
ready to move on that and I think every Commissioner...
'
i
Mr. Odio: I want to start demolition next week.
Mayor Suarez: I think we ought to do I like to also go and put the allocation `=
of the seventy thousand dollar item for the Morningside mini -station_. That's'
you know is a must, we been promising that for a long time.
'
rr
—
Mr. Dawkinss I move the two items.
Mayor Suarez: So moved.
Mr. De Yurre: Let me ask you where are we now? What is < the, total .from, Nher�1
we discussed here this afternoon?
Mayor Suarez: It comes down pretty close. to ....
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g
160
Mr. Odic: I add it up, if I'm right thirteen million five with the youth
tenter and that we ten live with.
Mr. De Yurre: Why can we just vote on that right now? it's not going to
change such at all.
Mr. Plumeer: What are we voting on?
Mr. Odic: Thirteen , five.
Mr. Plummer: For what?
Mr. Odic: That will be Coconut Grove, it will be Hadley Park, it will be the
Legion Park mini, police mini -station, the Range Park swimming pool, the Pier
S facility, and the youth center.
Mr. Plummer: Now much for the youth center?
Mr. Odic: Three million.
Mayor Suarez: Maximum.
Mr. Plummer: And you said we have thirteen million.
Mr. Odic: That adds up if I'm right, thirteen million five.
Mayor Suarez: We don't have anything. That is what it will cost.
Mr. Odic: We have already borrowed six million one, so we would have to go and.
borrow the difference.
Mr.
Plummer: And how do you propose to pay back the initial six?
Mr.
Odic: We are committing the fees, fines what..
Mayor Suarez: Fines and forfeiture fund.
Mr.
Plummer: You are taking that away from the general fund.
Mr.
Odic: Yes, we have to pay it.
Mr.
Plummer: That's robing Peter to pay Paul.
Mayor Suarez: That's what Revenue Bonds are.
'
Mr.
Plummer: No. I'm sorry.
Mr.
Odic: Yes, sir. How do you want to pay it back?
-_
Mr.
Plummer: You are already in a deficit for your budget next year,
you are
now
proposing to take two million dollars more away from your general'fund?'"`
F`
_
Mr.
Odic: I haven't seen my budget for next year, Commissioner but...
— ;
Mr.
Plummer: Sir, at lunch you were crying poor mouth.
j
Mr.
Odio: It is going to be a tough budget I said."c
Mr.
Plummer: Now you're volunteering to let that two million dollars.
Mr.
Odio: Because we need to do this and this In a question of'prioritiss. We
have to decide during the budget process what priorities we are going 'to bave.
We
had planned all along to borrow $10,000,000 and I have planned for
tbst` or =h
maybe
I'm wrong. The Commission talked about borrowing $10,000 000 and it' 'ad .`
to
be paid from somewhere. Or where do you think it Man going to
be=plaid r 7�
from?Fr�
}}
Mr.
Plummer: When we talked about that we were under a.different scenat'io;pf
F.
the
pledges from the Off -Street Parking what they were going...
Mr.
Odio: No sir, the ten million 'has` nothing to do with Gunman' Ha11.
nothF
at
all. ` We were going, to �do Guamsa' Hall which 'is six million plus ten
miiliop
dollars
more, in fact we're coming.,9
ry`r
c
Mayor Suarezz We just used the Sunshine State Pool but we were going to pay
from its own...
Mr. Plummer: That was for Gusman Hall.
Mayor Suarez:... that's why we...I borrowed the money for.
Mr. Odio: We're coming ahead by three million dollars because we were
borrowing six million from Gusman Hall or to build Gusman Hall plus ten
million that the Commission wanted to borrow= that's sixteen million. So I
rather take the thirteen.
Mayor Suarez: But Gusman Hall was going to produce revenues that will help to
pay back the six million.
Mr. Odio: The way I see that project we're better off out of it because it
will be a huge deficit.
Mayor Suarezz I think you're right. OK. Commissioners what's your pleasure?
we have one motion that we'll said let's get off the ground here with two out
of ..
Mr. Odlo: And if I may add the youth center if is tied to the Kiwanis the way
we understood.
Mayor Suarez: Right.
Mr. De Yurre: We'll put up, up to three million dollars and they will put up
the rest for whatever we build.
Mr. Odio: With the understanding that they will operate the facility, because
that is what they promise and that's...
Mayor Suarez: Let's see if we can work that in into their plans, that will...
Mr. Odio: That's a million dollars a year.
Mayor Suarez: Well, we don't know, but it will be a substantial savings.
Mr. Odio: I saw what Miami Beach.
Mayor Suarez: It will be a substantial savings to not have to operate that
sports complex the youth center and sports complex now named, renamed. Why
don't we approve the thirteen and a half, in principle, but still they're
going to have to come back and bring us specific of all of these so...you
don't want to do it? And build into a motion that we approve...
Mr. De Yurre: I want to start working right away with the Kiwanis.
Mayor Suarez: But obviously we have a higher... I mean we have approved more
definitively the expenditure to complete or to begin work on Range pool and
the mini -station. Build that into the motion.
Mr. De Yurre: As far as I'm concerned we are going to get the three million
earmarked for the youth center and I want to start working on that right now.
Mr. Odio: Can I ask you something also, I don't know if technically we should
take up Gusman Hall and decide now that's it.
Mayor Suarez: This all assumes that we're going to not go through with that
project. We'll get to that in a second, I suppose we may have to reconsider
this. If not, but you've heard four of us express ourselves. OK, the motion
then let me restate it, would be that we in principle approve and begin laying
out the plans to construct a total of 413.5 million in capital improvements
projects as set out in the list minus the exception that we have pull out and
the reduction for the youth center from five point plus to three, that we also
approve immediate spending as soon as the bonds are issued to pay back the six
million dollar loan I don't think you'll want to spend that without actually -
having something to pay it back with, but I don't ... that In an administrative �=
decision. On two of these projects the seventy thousand dollar one for the },b
mini -station and the Range pool. Does that reflect?
162 Jgrauary, i� =� k
Mr. be Turret I move that.
Mayor Suarez: And you seconded it?
Mr. Dawkina: Second.
Mayor Suarez: I know how you feel Commissioner, I know that Volta tying up
roughly to produce 13.5, we are tying up what Carlos, 1.2 million a year
roughly?
Mr. Garcia: About a million five, I would say, ten percent you. A million
three.
Mayor Suarez: A million five a year of what are now operating revenues, I
think for myself I can tell you that I can never in the foreseeable future
approve one more cent of revenue bonds because this will be it I mean this
will have to carry the City in physical improvement...
Mr. Plummer: Mr. Mayor, I can't vote for it now, if in fact you're telling as
that these monies that are using to pay it off not to pledge, to pay it off
are coming from the general fund. We got right now a general fund problem.
Mayor Suarez: Let me ask the Manager the question about that... philosophical
question here. Mr. Manager, the last time we did revenue bonds, if I remember
correctly, they were based on income that we had not had up to that point;
i.e. the Bayside rental income. Have we ever taken revenues that have been
used in prior years, as part of the general operating budget of the City and
pledged them to produce, to buttress a revenue bond to build a capital project
of the City of Miami?
Mr. Plummer: It's not the pledging, because the projects themselves none of
them will produce revenue, it is payment of the box.
Mayor Suarez: Pledging, so that eventually that means that we'll pay them,
from those funds... right.
f
j
Mr. Plummer: From that source.
Mr. Garcia: Basically, that's the way the Convention Center was built.-. It
was a secondary pledge but because of revenues the Convention Center we a_re
not supposed to pay off that debt for the first few years. We know that in
i
fact that pledge...
Mayor Suarez: You're talking about Coconut Grove?
Mr. Garcia: No sir, the Knight Center, the Hyatt.
,r
Mayor Suarez: Oh ... the Knight Center what funds, what was the primary pledge?
:
Mr. Garcia: The primary pledge was the revenues of the Convention Center 't
itself, the secondary pledge was the City's utilities service tax, telephone
and telegraph. ~'
Mayor Suarez: I see. The primary pledge was the funds... that it was a joke,
was the revenues from the project itself, and in the secondary pledge was
anything we could find in our general... which was that?
Mr. Garcia: A particular revenue of the City; utility service tax, telephone
and telegraph. .•' 4
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}
Mr. Plummer: That was a pledge.
Mr. Garcia: Yes sir, and... ,
Mr. Plummer: OK. but the mono came from the
y general fund?
Mr. Garcia: Right.t. r
q
t )F
Mayor Suarez: We took that pledge motley, from the goner -al:. saveauR*aAd' Appf� ..... �{
`
them.;
i
0anVrrry�'���
aF.
t
Mr. Plumer: The pledge was only a guarantee. That money was never touched.
The money came from the general fund.
Mr. Garcia: Because that money was going to end up in the general fund anyway
so...
Mr. Plummer: And let's also remember, that when the Convention Center was
built, it started out as a $19,000,000 project and flourished up to a
$200,000,000 project, big difference)
Mayor Suarez: Two hundred million.... the Convention Center?
Mr. Plummer: Yeah. The total Convention Center with the World Trade building,
the garage, the Knight Center, the hoi-I...
Mayor Suarez: But our portion of it was sixty-five. I don't know what...
Mr. Plummer: But it started out as a total complex as nineteen.
Mayor Suarez: It ended up being sixty five public. OK. Any further
discussion?
Mr. Plummer: Mr. Manager, what are you going to do, for the loss of that
42,000,000 in the general fund?
Mr. Odio: You, as the Commissioner are deciding that this has priority. I
will look into ...when we prepare the new budget and eliminate some expenses
that we can eliminate, so that we can dowhatever you're deciding now to do.
Mr. Plummer: You're making a liar out of last year's budget.
Mr. Odio: Why is that?
Mr. Plummer: Well, you're telling me that you got six million to address this
year in the police department alone, and you don't know where you are going to
get the money from. And now you're volunteering to give up two more million,
which creates an eight million dollar problem.
Mr. Odio: Is not two million. Is going to be a million two and a half, that
we're looking at.
Mr. Plummer: Carlos said two million is the total.
Mr. Garcia: Is about it..ten percent so it will be a million three fifty, but
that is a rule of thumb, that will change.
Mayor Suarez: How come when I said a million two, you said a million five?
Mr. Garcia: It fluctuates Comm....
Mayor Suarez: Now you split the difference with me. Now it's a million three
five.
Mr. Plummer: A hell of a way to run an airline!
Mayor. Suarez: I was assuming a factor of about twelve and you're assuming a
factor of ten.
Mr. Garcia: It's about ten percent.
Mr. Plummer: I'm sorry, as much as we are committed, and as much as I'like'
these projects I can not go with that source of funding. :I just tb4i* i*:
robing Peter to pay Paul, and all you are doing is delaying a tseAiep cque z
tragic impact at budget time. I }' g p g just don't understand how we can do
thing.
Mayor Suarez: It's risky.
,r
Mr. Plummer: The police department is at seventy-five million; we're looking
at eighty, where is it coming from?�
l64,
Mr. 0610, Wall in the conversation we had with ferry today, the chief of
police he assured me, and our goal has been that 1 could never understand why
Chief Dickson was saying that when you opened a substation, you have to spend
$5,000,000 more a year in operation. I always said to Dickson, and I told
Anderson that when you close ... when you opened up the substation you move
people from the main station over/there, and you don't add people. And he is
telling as he can do that, so...
Mr. plumrser: you sli vote on it. There will be people around to remind you at
tax time.
Mayor Suarez: OK. We have a motion and a second. Any further discussion? Call
the roll.
The following motion was introduced by Commissioner De Turre, who moved
Its adoption:
NOTION NO. e9-41 1'
A MOTION APPROVING IN PRINCIPLE THE FOLLOWING CAPITAL
IMPROVEMENT PROJECT PROGRAMS TOTALLING AN AMOUNT NOT
TO EXCEED $13,500,000, AS FOLLOWS:
1. COCONUT GROVE EXHIBITION CENTER EXPANSION
2. LEGION PARK POLICE MINI -STATION
3. RANGE PARK SWIMMING POOL
4. PIER FIVE FACILITY
S. MIAMI YOUTH CENTER
6. HADLEY PARK OLYMPIC COMPLEX
Upon being seconded by Commissioner Dawkins, the motion was passed and.
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor Victor De Turre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
ABSENT: None.
COMMENTS MADE DURING ROLL CALLS
Mayor Suarez: I vote yes. But I'm warning you in a couple of these items,
that when they come back and the one I'm thinking about is particularly the
Miami..the Bayside Marina that I'm not going for alternatives $3.2 million,
ao...
Mr. Plummer: But that is not even included in the thirteen, you see... '
Mayor Suarez: There were a couple of others in there that I think, are a f
little bit higher than what they have to be.
45. APPROVE, IN PRINCIPLE, USE OF ALLAPATTAH RESIDENTIAL MINI -PARK BY THE
ALLAPATTAH/WYNWOOD COMMUNITY DEVELOPMENT CENTER, INC. TO PROVIDE LOW �
tip
COST DAY CARE SERVICES TO AREA RESIDENTS. y
Mayor Suarez: Item 37, let's go through these quickly, please. Approving the
principle use of City owned Allapattah residential mini -park located at 15Q0. F.4
N.V. 16th Avenue for the purpose of providing low cost day .care service. to,, x
area residents.;
Mr. Odio: We want this approved subject to this j group obtaining° financing
from the state in the amount of $300,000 in order that they can build a day
care facility. That was...
Mayor Suarez: And we have final approval once they get the money,as.to Vh
It will look like and...
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Odio: its. `ler, but it to subject to the state, approving the abboy.
Mayor Suaret: OK, i'11 entertain a motion. No, motion? `lei$ motion?
somebody* motion?
Mr. Plummer: I -what we're doing is only approving in principle.
Mayor Suarez: Yes and we have to approve, if they do gat the money, we have 3
to approve what exactly they would build there.
Mr. Plummer: OK, let me ask this question. i
=r,
Mayor Suarez: And the terms... x
Mr. Plummer: How much of the park would they be tying up, because it's a
mini -park?
Mr. Kevin Smith: The park is basically 14,500 square feet. Their building
proposal - the building itself would be approximately 5,000 square feet... _
Mr. Plummer: No, I said total square footage because you've got to have
recreational grounds.
Mr. Smith: Well, yes, that's it but the open space and recreation, parking,
etcetera, would be the remainder of the facility. But they've also agreed to j
leave the facilities, the playground area, etcetera, open to the neighborhood
so the kids can play just like we use our other day care centers currently
available to the City's properties.
Mr. Plummer: All right, now, the next question. It's mandated that they've
got to have $300.000 from the state to build the facility. Where is the
guarantee of operational cost?
Mr. Heriberto Fonseca: Well, that's a - the person can answer that question
Is not here right now but that's a question being asking before to Mr. Jose
Vila. He was here this morning but he had to leave because the item was late.
Mr. De Yurre: J. L., when they were here last time, they explained where the
funding would come from.
Mr. Plummer: For operational?
Hr. De Yurre: For operational.
Mr. Plummer: Let me ask the City people. Where do you understand
operational money is going to come from??
Mr. Fonseca: Well, he already...%
Mr. Plummer: No, the City people. €Yj'
Mr. De Yurre: Not you, Kevin., `k
Mr. Smith: As we understand it by their proposal, the operational 'expenses�
Will be a combination of the title 20 funds that they, project to receive.lroin
the state at an annual basis as slots as well as fees charged .to, the;ussrs.:s
Mr. Plummer: All right, I'm ,not familiar with the. title, 20. In there
guarantee they will get the slots? t�3
{
Mr. Smith: No, sir, not right now. r-
Mr. Plummer: OK, my fear - let me tell you my fear. My Year is that we
this facility to be built and there's no operational funds and than the City
has to take it over. And we're beyond our maximum limit now.,
Mrs.
Kennedy;
there operational funds for the first year but a0tl6
the secondbecause thefunds are cut
►�,iq�h��,
Mr. Smith: Well, let's see, that's the same.., a
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211
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Mr. pluraraer: I mean, what good is it to build a facility if it can't be used?
Mr. Smiths Well, it could be used for other things if it isn't run as a day
care center. It's the same opportunity, we are at the same risk we took when
we were allowed the southwest social services to build out at Flagami.
Mr. Plummer: OK, but they had a source of income, OK?
t
Mr. Smith: Well, title 20 funding is...
Mr. Plummer: Now, the question I'm asking you, if they get a state grant, is
it so limited in scope that it can only be used for a day care center?
i
Mr. Smith: I believe that that is the funding that Representative Morse and {—
Mr. Representative Reeves have been talking about would be identified and
earmarked for day care construction.
Mr. Plummer: OK, if that's the case - you see, if you tell me that they get
the money from the state and they can build a facility, that if they don't
have the operating capital, that they can use it for some other type of
facility. That's one thing. But if you're telling me that the scope is so
narrow that it can only be used for a day care center and I, knowing the
state, would say that's probably how they would do it.
Mr. Fonseca: All right, let me say...
Mr. Plummer: And you don't have any guarantee of operational expenses.
Mr. Fonseca: Well, they cannot guarantee if they have not the building.
Mr. Plummer: No, that's not my point.
Mr. Fonseca: Well, well...
Mr. Plummer: My point is, is the scope of what you do with that facility, I
would be opposed to it if there is a restriction that says that it - that
facility, when built, with state money, could only be used for a day care
center.
Mr. Smith: Make that a condition of the agreement.
Mr. Plummer: The other question that I have is, without a guarantee of
operating expenses, which there is none, is that correct? There's no
guarantee?
Mr. Fonseca: Well, we already talked title 20 and HRS. They say they can not
guarantee nothing if we don't have the building.
Mr. Plummer: Oh, I understand, that makes sense, OK?
Mr. Fonseca: Well, there's no guarantee, period.
Mr. Plummer: But, let me ask you this. To what you know in Tallahassee or
where the title fund 20 funds come from, is there monies available?
s�
Mr.
Fonseca: Well, we already got the construction proposal.
We just gave it
to
Mr. Rich, and we already talked to Luis Morse, and they knows they got the
money,
they can't get the money. That the reason we need your
resolution. To
go
and Tallahassee and request the money. I think that question...
Mr.
De Yurre: J. L., I think, you know...
r
Mr.
Fonseca: We being answered you before then.;
Mr.
Plummer: Hey, there...
Mr.
De Yurre: We're looking at something innovative and
it's something
that...f.�
Mr.
Plummer: Victor, I have no problem with being innovative.'P�
rs =
Mr.
De Yurre: Good.
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167
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Mr. Plumer= My prebieffi is to build a facility that is so restricted
that it couldn't be used for something else. The other question that
aaa live never got an auaver to, assuming the Aliapattah...
Mr. be Yurte: Wynvood-
in use
I had,
Mr.
Piuroener:
Ailapattah Wynwood would be the lessee, OKI Are they propose.:.
Mr.
Jorge Fernandez: This is a revocable permit.
Mr.
Plummer:
Excuse me?
Mr.
Fonseca:
Is going to be a revocable permit.
- ,
Mr.
Plummer:
All right...
Mr.
Fernandez: A revocable permit. }'
Mr.
Plummer:
... a revocable permit.
Mr.
Fonseca:
Right.
Mr.
Plummer:
That's revocable on 30 days?
Mr.
Fernandez:
Yes.
Mr.
Plummer:
On 30 days notice?
Mr.
Fernandez:
Yes.
Mr.
Plummer:
And the state is going to loan money on,that. No way.
Mr.
Fonseca:
That is the condition.
Mrs. Kennedy:
They don't know the...
Mr.
Plummer:
There is - hey...
Mr.
Fonseca:
Well, we speculate that with... we don't know if we don't try
it.
Mr.
Plummer:
r
Huh?`
Mr.
Fernandez: We cannot give anything greater than a revocable permit. and
their understanding is that with a revocable permit, there will be able to get
this.
r
Mr.
Plummer:
Well, OK, the revocable permit, that establishes that problem I
have, OK?
=
Mr.
Fernandez:
j.
Yes.
Yy
Mr.
Plummer:
I think it's foolish, but if that's the case and they
accepted that...r4
Mr.
Fernandez:
Right. 1
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Mrs.
Kennedy:
OK... 2 'y;
Mr.
Plummer:
I still have to have some kind of a guarantee that, on*, tr#s 3 `9iw
- facility
is not so limited. What happens if you build it `there ,and you 40q:E
get
the money, then the building site there and no can use it,.oxse ttfo�r e5 5v
day
care center.
XL,
- Mr.
Fonseca:
I think that never happen before then.
Her.
Plummer:
x
I don't know.,
Mrs.
Kennedy:
OK, my question then in... rt, £
Mr.
Fonseca:
Oh, so - how ae speculate with:�thnt?� j'�a f
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t ys3r.},r FL°Myjt`sir + "�
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k P ill t w�
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- - -
MC. Pier: Well, i IMOV...
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Mrs. Kennedy: My question f'm sorry, go ahead..•
�rt
Mr. Plummer: Mo, go ahead.
Mrs. Kennedy: The following question to commissioner Plummer then is, are .you
going to have the license to operate the day care center?
Y '
Mr. Plummer: Who will be the licensee?
Mr. Smiths The Wynwood Development Corporation, as I understand it, would be
the ones operating the center. They would be responsible for getting all
-
-
their licenses, meeting all the zoning requirements, all the federal, state,
It's
t.
local requirements as far as child care as well as zoning, etcetera.
Mr. Plummer:
Are you recommending this? '
:1
Mr.
Smith:
I'm recommending that in concept you consider accepting the x
resolution so
they can at least research the possibility of funding. That's
all,
really, I
believe that it's asking.
Mr. Fernandez:
That's correct.
Mayor Suarez:
OK, I'll entertain a motion on the resolution in principle.
_
Mr. De Yurre:
I'll move it.
Mayor Suarez:
I'll second.
Mrs.
Kennedy:
Last question. Do they have any experience, the...
Mr. Fonseca:
Well, the person I were consulting is...
Mrs.
Kennedy:
Allapattah Wynwood Development.
Mr.
Fonseca:
That's Jose Vila. He got he own day care, he got a>280,kids
He's
the person is going...
Mrs.
Kennedy:
I'm sorry? f
Mr.
Fonseca:
He's the person, he's going to help them.
Mrs.
Kennedy:
Does he have any experience?&
Mr.
Fonseca:
Who? s-
f
—
`
Mrs.
Kennedy:
The person.
Mr.
Fonseca:
Sure, he own day care.
i
Mr.
De Yurre:
He has 280 child care facility. :,fs
Mr.
Fonseca:
RN
He got a child care. Two hundred eighty kids in Hialeah. N;
Mr.
Plummer:
Yes, but that exists on private land, I would asswne. }� °
7 1— 1 n
Mr.
Fonseca:
Yes. ar
Mrs.
Kennedy:
It's a private operation.aK;,
Mr.
Plummer:
experience
So, to -answer the question that he does .have the experience,his
is totally the private sector and not involved with the -;pubes �_'
Mr.
Fonseca:
Well... r, }
Mr.
De Yurre:
OK. Do you want to chair?��
Mayor Suarez:
I seconded it. -_
� r f7 r f AKA
---- - —
urre: Nobody *&ht to thairl i moved
Mr. be �' .
Mr. Dawkins it's been properly moved and seconded. Any further dlstussiont
...
Mr. Plummer: Well, under discussion, I would much prefer it be deferred until
_ we have some answers. I understand the difference between the cart and the
horse but I've got to have some answers as to the restrictions as to the money
It going
as being built for the facilityve thosenanswera beforeion I givehow anyicommitment
to be funded and I've got to have
to tying up in a sense this park until such time as those answers are
forthcoming.
Mrs. Kennedy: Second.
Mr. De Yurre: Many of those questions were answered last month when they were
here, about two months ago.
Mr. Fonseca: All those kind of questions have been answered before then to
Mr. Vila.
Mr. Dawkins: Are there any more much discussion on the point?
Mrs. Kennedy: Well, yes, if...
Mr. Dawkins: On the point.
Mrs. Kennedy: On the point, if Commissioner Plummer has any more questions,
certainly I would vote for the deferment as we always do on this Commission.
Mr. Plummer: That's not the motion.
Mr. Dawkins: No, Plummer made a substitute motion, but...
Mr. Plummer: No, I...
Mrs. Kennedy: It wasn't.
Mr. Plummer: ... I said I would have preferred that it matter be deferred.
Mr. Dawkins: OK, any further discussion?
r
Mr. De Yurre: No.
�f
Mr. Dawkins: Call the roll, please.
The following resolution was introduced by Commissioner De Yurre,-who
moved its adoption:
RESOLUTION NO. 89-42
A RESOLUTION APPROVING, IN PRINCIPLE, THE USE OF CITY -
OWNED ALLApATTAH RESIDENTIAL MINI PARK, LOCATED AT
1500 N.W. 16TH AVENUE, FOR THE PURPOSE OF PROVIDING y
LOW COST DAY CARE SERVICES TO AREA RESIDENTS; IN
PARTICULAR, THE PRELIMINARY PROPOSAL OF THE
ALLAPATTAH-WYNWOOD DEVELOPMENT CORPORATION FOR y,k'
PROVIDING SUCH SERVICES TO THE CITIZENS IN NEED OF DAY ffY
�;zA
CARE IN THE SURROUNDING AREA OF THE AFOREMENTIONED -
PARK; FURTHER PROVIDING THAT ACTUAL USE OF SAID .PARK ,
SHALL NOT BE AUTHORIZED WITHOUT FINAL APPROVAL OF THE h=_.
CITY COMMISSION.
(these follows body of resolution, omitted here and,on
file in the Office of the City Clerk.) } .
upon being seconded by Mayor Suares, the resolution was passed
adopted by the following vote:
1 �tL��rrx.M4'
-
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_ .. .. .. .. __ ... _, r k _r..kr.5.:.54;-'..r. t __tr.''.� ?. v6 .a`..rs:�r''f..,. r—ft.v.�..t�.�:����3s�'• ..�' ''� —
AYSSt Comissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Met Commissioner J. L. Plummer, Jr.
ABSENT, None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: No, I have to vote no on the motion.
Mrs. Kennedy: I'm going to go for it but I have a lot of reservations and a
lot of questions. I'll wait until they come again to make up my mind but on
this motion I'll vote yes.
Mayor Suarez: Yes and we'll be checking a lot of aspects of this project.
46. EXECUTE AGREEMENT WITH WYATT COMPANY - to conduct a preliminary
assessment of the impact of the Tax Reform Act of 1986 on the City's
group benefits plan.
Mayor Suarez: Item 38, Wyatt Company agreement, City's group benefits plan
for the Department of Personnel Management.
=_ Mr. Dawkins: I haven't seen one here with $12,000 on it since we've been
here. I'll move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: It is not part of City procedure to shake hands with the
Commission after your item is voted on but...
Mr. Plummer: Hey, I wish you well.
Mayor Suarez: We have a motion and a second on item 38. You moved it, right?
Mr. Dawkins: Yes.
Mayor Suarez: Seconded. Call the roll.
Mr. Dawkins: Twelve thousand dollars. I have to.....
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
aER
RESOLUTION NO. 89-43
ME
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE f ayt°
AN AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM WITH
THE WYATT COMPANY TO CONDUCT A PRELIMINARY ASSESSMENT
OF THE IMPACT OF THE TAX REFORM ACT OF 1986 ON THE xr
CITY'S GROUP BENEFITS PLAN FOR THE DEPARTMENT OF �1
PERSONNEL MANAGEMENT FOR A PERIOD OF THREE (3) 'MONTHS
AT A PROPOSED COST NOT TO EXCEED $12,000; ALLOCATING
FUNDS FROM THE DEPARTMENT OF PERSONNEL MANAGEMENT'S,
TRUST AND AGENCY BUDGET, SUBJECT TO THE AVAILABILITYfi °
t�ttf OF FUNDS. r�
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) r
Upon being seconded by Commissioner Kennedy, the rssolutioa Mas p�8sp ;�
37�
*ad adopted by the following vote:,
z p
m. mot..;-�:..v..�.,.... _ �. .: �...y..=.,..",.e _........_.. .._....._...,.- _�_-Me. •
A' St Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner !filler Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
Nt18S: None.
ASS: None.
47. EXECUTE AGREEMENT WITH PERSONNEL DECISIONS, INC. - to conduct a police
test validation project.
Mayor Suarez: Item 39, agreement between Manager, City and Personnel
Decisions, Inc. to conduct a police test validation project. Has everybody
satisfied themselves on the need for this? If anybody has any question, we
spent some time on it last time around and I'm satisfied and I was one of the
ones questioning it.
- Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Plummer: What the hell do these small cities do?
Ms. Angela Bellamys Under law, they are obliged to have a validated study.
Mr. Plummer: When you stop and think that half of the cities in the state of
Florida are under 3,000 population, what in the hell do they do?
Mayor Suarez: I'd like, once the program is in effect, to get your report in
writing in a reasonably readable, not too long, memorandum to see what you
think of how effective it's being. Do you want to second? Please. I'll
second.
Mr. Plummer: You're telling us we got to do it, we have no choice. I'll
second the motion.
i ..4
Mayor Suarez: Moved and seconded. Any discussion, further discussion? Call
. i
the roll.
Mr. Plummer: I don't like it but we got to do it.
The following resolution was introduced by Commissioner .Kennedy, who
moved its adoption:
RESOLUTION NO. 89-44
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY 3,
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED, BETWEEN THE CITY OF MIAMI AND PERSONNEL .
DECISIONS, INC. TO CONDUCT A POLICE TEST VALIDATION
PROJECT AT A COST NOT TO EXCEED NINETY THOUSAND FORTY
DOLLARS ($90,040), WITH FUNDS THEREFOR ALLOCATED FROM r Y
SPECIAL PROGRAMS AND ACCOUNTS.)
(Here follows body of resolution, omitted here and on
file in the Office of the City Clark.)
4' _ s
Upon being seconded by Commissioner Plummer, the resolution was;...
and adopted by the following vote:
f
f
- • ��'7rr r_.t n 9 [�� ,d ..3, A'�; .# :'^` r.,.. Y'& :�,T) d y�'hs4 �t - °'t3`YS�`},"�`�4,�..
i f 1 F�
APRS: Commissioner J. L. Plummer, Jr.
Comissioner Rosario Kennedy
Commissioner Miller Dawkins
Mayor Xavier L. Suarez
11018: None.
ABSENT: Vice Mayor Victor De Yurre
Mr. Plummer: You know I'd love to see, Angela, all kidding aside...
Me. Hirai: You vote yes?
Mr. Plummer: 1 voted yes. The amount of money...
Mayor Suarez: That's all right, you interrupted my vote so, you know, they
were trying...
Mr. Plummer: I'm sorry. I would love to see a total amount of money that
this City spends every year with all of the so called psychological
ramifications of the Police Department. It's got to exceed $700,000. And
I'll bet you it's closer to a million dollars because I know we approved three
items on one agenda that came to $450,000 and that was just FIU...
Mayor Suarez: I think the whole field of psychology could probably be revised
based on the studies of our Miami Police Department.
Mr. Plummer: Yes, but here's another hundred thousand, like water.
Mrs. Kennedy: You know, maybe, like we test police officers and we talked
about this once, we test them when they have a personal tragedy or trauma or
they shoot their partner or something. You don't think about testing them at
intervals, sporadically...
Mayor Suarez: If any Commissioner shoots his partner make sure that we test
them.
Mrs. Kennedy: Often that's the way the tragedy occurs.
Mr. Plummer: No, I'll make it cheaper. If one shoots one, I'll shoot the
other, that'll satisfy it immediately.
Mayor Suarez: OK, anything further on that item? Call the roll. Did we call
the roll already? We did.
NOTE FOR THE RECORD: Items 41 and 42 were deferred to the next
regularly scheduled Commission Meeting.
E' s
48. DISCUSSION AND TEMPORARY DEFERRAL OF APPOINTMENT OF INDIVIDUALS TO THE
AFFIRMATIVE ACTION ADVISORY BOARD (See labels 50 and 54).
Mayor Suarez: Item 43, vacancies in the Affirmative Action Advisory Board
the City. Do they belong to anybody in particular? 3'
=j Mr. Dawkins: Me, I'm not ready.
Mayor Suarez: Commissioner, OK.
Y �
Mr. Dawkins: I got one, I don't know rho also has the other one,
Mr. Plummer: Who has the others?1-4
_3 Mayor Suarez: Vice Mayor De Yurre has the other apparently.' $ �..
G +�
Mrs Plummort OK. Who's on the...
Mayor Suarez: it was Commissioner Do Turre's appointment and she has
expressed the desire to recontinue, Is that the person?
No. Hattie Danielat Yes, the person Is Laurastine Pierce who desire* to be
reappointed. I believe Commissioner De Yurre has spoken to her.
Mayor Suarez: OK, as soon as he walks In, Hattie remind me so we check to
see.
Ms. Daniels: That's a reappointment and a now appointment for Commissioner
Dawkins to replace Patrick White who resigned.
Mayor Suarez: As soon as the Vice Mayor comes in or if you can ascertain from
him whether he wants that appointment.
Mr. Dawkins: If he doesn't, I'll take that and then he can have another one.
It doesn't matter.
Mayor Suarez: OK.
Mr. Dawkins: Did you hear that, Dr. Daniels?
Ms. Hattie Daniels: Yes.
Mr. Dawkins: I'll take her if he doesn't want it.
49. APPOINT
INDIVIDUAL AS MEMBER OF THE PRIVATE INDUSTRY COUNCIL (PIC) OF
SOUTH FLORIDA. (Note: appointed was Maria Cristina Palacion for the
private
sector, and one appointment is still pending.)
Mayor Suarez:
Item forty...
Mrs. Kennedy:
Four.
Mayor Suarez:
four, South Florida...
Mr. Plummer:
Who's...
Mayor Suarez:
Private Industry Council.
Mr. Plummer:
Whose appointments are 44? Macu wanted to go on that.
Mr. Frank Castaneda:
Commissioners, you really don't have appointments but
the last three appointments have been made, Commissioner Kennedy, William
Alexander; Commissioner Dawkins, Lori Weldon and Mayor Suarez, Tito 'Gomez..
There are two
existing persons Jorge de Tuya which is the appointee that he
can either be
renovated or another person selected and Roosevelt Thomas. So I
would say that the two appointments are yours Commissioner and Victor'*.
Mr. Plummer:
Can I appoint Maria Cristina?
Mrs. Kennedy:
Sure, a woman, yes.
Mr. Plummer:
I mean, I'm not married to her.
Mrs. Kennedy:
No, there's no....
Vw-
Mr. Plummer:
I will appoint nominate Maria Cristina Palaciono
Mr. Dawkins:
j
Second.
Mayor Suarez:
-
Moved and seconded. Any discussion? Call the roll 41v-,
, tf
The following motion was introduced by Commissioner Plummer, who moved
Its adoptions
MOTION NO. 69-45
A NOTION APPOINTING MARIA CRISTINA PALACIOS TO THE
PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA AS A
PRIVATE SECTOR MEMBER.
(Ms. Palaclos was nominated by Commissioner Plummer.
One nomination is still pending from Vice Mayor De
Yurre)
Upon being seconded by Commissioner Dawkins, 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.
Mayor Suarez: In the interest of expediency and to try to set up a system,
why don't we have Vice Mayor De Yurre then have the other appointment. That
way, everybody ends up with one.
Mr. Castaneda: Fine.
Mr. Plummer: That's fine.
Mr. Castaneda: Are you taking the private sector appointee or the education
appointee?
Mr. Plummer: Private sector.
Mr. Castaneda: Private sector.
Mayor Suarez: And you would need, Vice Mayor De Yurre, to consider Roosevelt
Thomas, from the education sector, or give us a new name and when you're
ready, let us know.
50. (Continued Discussion) APPOINT INDIVIDUAL TO THE AFFIRMATIVE ACTION
ADVISORY BOARD. (Note: appointed was Laurastine Pierce and one -
appointment is still pending - See labels 4e and 54).
NEW Mayor Suarez: And the same with item 43, Affirmative Action Board, where your
nominee is up for reappointment and that is Laurastine - what's her last name?
Mr. Plummer: Pierce. 14
— M
Mr. Sergio Rodriguez: Pierce. r
Mayor Suarez: Peters.
S a+
Mr. Rodriguez: Pierce.
Mr. Plummer: Pierce, Walter's wife.
Mayor Suarez: Pierce, I'm sorry, Pierce.
•,
Mr. Rodriguez: Like Walter Pierce.
a t.
Mayor Suarez: Oh, I didn't know it was Walters vIfe.'(
175
i • +•:•!'i� .!x'S �i'04.i.4.ill!.S`Vt —_
Mr. De Yurre: I'll nominate her again, Miss Pierce.
Mayor Suarez: OK, so nominated on 43 by Vice Mayor De Yurre. You have a
second. Second?
Mr. Plummer: Yes.
Mayor Suarez: Thank you, call the roll. Forty-three.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-46
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO FILL
TWO VACANCIES ON THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD.
(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: And you still have one on PIC when you're ready, Mr. Vice
Mayor.
51. APPOINT INDIVIDUAL AS MEMBER OF THE CITY OF MIAMI HEALTH FACILITIES
AUTHORITY. (Note: appointed was Juan E. Serralles, Jr.,
Esq., and one
appointment is still pending.)
Mayor Suarez:
Item 45, Health Facilities Authority.
Mr. Plummer:
It's yours and De Yurre.
Mayor Suarez:
My suggested appointment is a young attorney at
Mershon Savyer
by the name of Juan Serralles, Jr.
Mrs. Kennedy:
Second.
Mayor Suarers
Lives in the City of Miami too.
Mr. Plummer:
De Yurre, you got yours?
;t
Mr. De Yurre:
What's this for now? This health?
�¢
Mr. Plummer:
For the health council.
h
UNIDENTIFIED
SPEAKER: The health.
Mr. De Yurre: No, I'll find somebody healthy to name on this. fr .
{ r
Mayor Suarez: You can contact him at Mershon Sawyer, you don't neeQ it b4 1► *y .,.
address, do you?
yr, De Yurre: You have to be healthy to be on this board.'T
Ms. Hirai: We'll contact your office and get the data, Mr. Mayor,
176 �4 � iu►Rrr fix# � �
putt in on the record, but it'* here. Call
playas Suarer: Oki we don't Deed to
the roll on that nomination.
The following resolution was introduced by Mayor Suarez, who Moved its
adoptions
RESOLUTION No. 89-47 t
A RESOLUTION APPOINTING TWO INDIVIDUALS AS MEMBERS OF
THE CITY OF MIAMI, FLORIDA, HEALTH FACILITIES
AUTHORITY. ?`
(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 votes
AYES= Commissioner J. L. Plummer, Jr. `
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOESs None.
ABSENT: None.
-
52. APPOINT Ray Penland TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI FIRE
FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST.
-
Mayor Suarez: Forty-six, Board of Trustees, City of Miami Firefighters and
Police Officers Retirement Trust.
Mr. Plummer: They're recommending... N
T
Mrs. Kennedy: Your recommendations?'
i
•art
Mr. Plummer: They're recommending Ray Penland, I'll move it.
Mr. Jorge Fernandez: Right.
i.
Mr. Dawkins: Second.'
=}
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
r4
The following resolution was introduced by Commissioner Plummer,
M;
moved its adoptions ik
41
_
RESOLUTION NO. 89-48 4;
- A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF rF
'
TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND
POLICE OFFICERS RETIREMENT TRUST AS PROVIDED FOR BY
CITY OF MIAMI ORDINANCE NO. 10002, APPEARING IN THE
_
CITY CODE AS SECTIONS 40-201 AND 40-202 FOR A
x4}1�x
5
SPECIFIED TERM OF OFFICE. � Y•_
k,
(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 Mfe p8A11 -
and adopted by the following vote:
S
h
—
�k4V
ATt
t
��itr�ittcar �►. , �. �iucnaar, bra
�+#rrie,�+�� Nta�aric �enaa��
C e p§sonar Miller Dawkins
Vice Mayor Victor Da Turro
Mayor Xavier L. Suara t
The following resolution was introduced by Commissioner Plummer,, Mho
moved ,its adoption:
RESOLUTION No. 89-49
A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERSANDtr`'
POLICE OFFICERS RETIREMENT TRUST AS PROVIDED FOR BY
CITY OF MIAMI ORDINANCE NO. 10002 APPEARING IN THE
�yFtlS'P,�,
t
CITY CODE AS SECTIONS 40-201 AND 40=202 FOR . A,4s��a,~
SPECIFIED TERM OF OFFICE. ryf 43°
(Here follows body of resolution, omitted here and on
4,
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution vas paaae�d 4a
and adopted by the following votes s,y
AYES: Commissioner J. L. Plummer, Jr. ` a;
Commissioner Rosario Kennedy� �h
Commissioner Miller Dawkins
Vice Mayor Victor De Turre
` Mayor Xavier L. Suarez
{. t S x d 3
4 tea. irg
!TOES: None •
"Q.t ; ':. ,_ : F -� i - t j ry )pLL !•K� NY �IS�uii�l'.% h
LI C ll Y .kJ
ABSENT: None.
JY kl
lv
t fa ti
d t .��` r '�''c.:: ?' �✓ t L t 6 t a? f 2 it S } 1. k4 1 f�ti $G�,"•ih�"`v
S4. (Continued Discussion) brief comments to the Administration regarding
appointments to the Affirmative Action Advisory Board (See labels 48 and
S0).
-------- ----- ----
Mayor Suarez: Ma'am, it's all yours.
Ms. Hattie Daniels: Mayor, I believe on item 43, Commissioner De Yurre had a
reappointment which was Laurastine Pierce and Commissioner Dawkins also had a
new appointment to replace Patrick White.
Mayor Suaraz: We don't have that yet. We don't have that.
Mr. Dawkins: We don't have the new one. That's all right, it'll have to
wait. Thank you, Dr. Daniels.
SS. SECOND READING ORDINANCE: Require any future leases of City -owned
property to private clubs and organizations to contain language
mandating adoption and implementation of an affirmative action plan.
Mayor Suarez: Forty-eight, second reading ordinance requiring any future
leases of City owned property or private clubs contain prescribed language in
the lease agreement as set forth in the ordinance which language mandates
option - adoption, implementation of affirmative action plan by said club.
i tim ?
Did we defer on th s one e
Mr. Plummer:
Yes, we did and we did it for the
purposes of notifying those
clubs involved
and all I ask is proof that you did notify them.
Ms. Adrienne Macbeth: Yes, air. Two times by mail
and once by telephone.
Mr. Plummer:
OK.
Mayor Suarez:
You haven't received any feedback
it looks like, eh?
Ms. Macbeth:
We got not objections so we got one
call from the Miami Pioneers
Club who simply said that in relationship to
what they did, it probably
wouldn't have
that much of an impact on them.
Mr. Plummer:
So silence gives consent is to be assumed?
Ms. Macbeth:
Yes, sir.
Mr. Plummer:
OK.
Mayor Suarez:
Playw,,ghts, silence betokens consent. OK, 48, we have a
second reading. I'll atertain a motion.
Mr. Plummer:
Move it.
Mayor Suarez:
Second somebody?
rs
Mr. De Yurre:
Second.
Mayor Suarez:
Second, Vice Mayor De Yurre. Any
'further discussion? Read the �x=
ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE
INTO THE PUBLIC., RECORD,IT-i".
TITLE ONLY.
r
Mayor Suarez:
Call the roll.
Mr. Dawkins:
t � i
Under discussion, Mr. Mayor. I mean thct!s.discussion."befsio,
call the roll.
.Does this.include the Orange Bowl
Committee? rf;
179
.1
Maebetht
No, sir, their name was not on the
list of private Clubs.
Mr. Dawkins:
Beg your pardon?
Me. Macbeth:
Their name was not on the list that
we got.
Mr. Dawkinst
No, no, no, no. See, this is why
we get in trouble= requiring
that any future leases of City owned property to
private clubs, nowt' is the
Orange Bowl
Committee private or is it public?
Mr. Plummer:
Question is, is it a club? It's
definitely private. Is it a
_
'
club in the
true sense of definition of the word
club. It's an organisation.
Mr. Jorge L. Fernandez: I don't even know who they are.
Mr. Plummer: The Orange Bowl Committee?
Mr. Fernandez: No.
Mr. Plummer: Where the hell have you been?
Mr. Fernandez: I don't move in those circles. I really....
Mr. Plummer: You're joking when you say you don't know who they are. Nothing
like having a sheltered attorney.
Mr. Robert Clark: I don't think it's a lease, is it?
Mr. Plummer: Yes, lease on the their office.
Mr. Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, my Commission.
Mr. Dawkins: What's the legal interpretation of club and organization? Where
would the difference come?
Mr. Fernandez: It's a very good question. I dare not answer it right now. I
was not prepared to answer that question. I would have to look at it to give
you...
Mr. Dawkins: There's nobody else, they got to go answer, so I don't feel bad.
Mr. De Yurre: Can't you change the wording from club to organization? That
=
takes care of that.
Mr. Dawkins: OK. Is this the second reading?
Mr. Fernandez: That's a suggestion. Yes it is, second and final reading.
Mr. Dawkins: Can I amend it to say clubs and organizations?
sa>ti
Mr. Fernandez: You surely can.
Mr. Dawkins: Now, then the first thing I'll do is, I move to add clubs ' or r
=1
organizations that lease City property.
Mr. Fernandez: I think also now that you're looking at this and I read it
with your intent in mind, Commissioner, we should expand on the word lease
because we do enter into different kinds of arrangements other than leases
with organizations and clubs. We have revocable contracts, we have permits, f
=
we have - and if your intent, as I read it, is to be that pervasive, then the
word leases could be interpreted very narrowly and if the document that ties' p,s.
x' F
the two of us, that is the City and the other organization or club, is not
called the lease, then perhaps they could argue successfully that they're not
under this ordinance.
zt-t
Mr. Dawkins: So what are you telling me to do, sir? You guys made a mat joh.
-
I'm just trying to make sure that the Orange Bowl understand that .thay got. `
have some blacks, some Latins and some women on the Orange Borl Gominitit e ;
OK? You sae - yes, or else that's just it. ;
Mrs. Kennedy: That's right.
Mr. Dawkins: This year they had added six new people and not a one of them
was black and not a one of them was a Latin. Neither one was not a female,
Mr. Plummer: Let me ask this...
Mr. Dawkins: The Orange Bowl Committee has to understand that it must treat
everybody in this City equally. Go ahead, J. L.
Mr. Plummer: Let me ask this question. When it says, mandates adoption and
implementation of an affirmative action plan, well, what - are there minimum
requirements to that plan? Are there maximum...
Mr. Dawkins: Said plan to - we continue the reading, said plan to results and
participation by minority and club membership and activity.
Mr. Plummer: I understand that, but is there a minimum, a maximum?
Mr. Dawkins: No, it just means some.
Mr. Plummer: Well, OK, then the Orange Bowl Committee, using that,
immediately can turn to you and say, we've got some black, we've got some
women...
Mayor Suarez: I think there are standards built into, aren't they?
Mr. Plummer: Well, I don't... are there...
Mayor Suarez: Aren't they supposed to roughly reflect the - actually, I
think, on leases, they have to move towards eventual proportionality with the
City's ethnic distribution, if I remember correctly and they don't have all
that much time to do it, I don't think.
Ms. Macbeth: The specifics require that the minority membership of the club
reflect the City of Miami's population, consists of no less than 10 percent of
the total membership after the first year of the lease agreement...
Mayor Suarez: Yes, they have a certain amount of time to get to it. -
Ms. Macbeth: And, secondly, it says that they will increase their minority
membership five percent per year thereafter until the total reflects the
City's population's.
Mayor Suarez: It's very specific.
Ms. Macbeth: Yes. And then, thirdly...
Mayor Suarez: I'm sorry.
Ms. Macbeth: I'm sorry, thirdly requires a minimum of six public services,
functions for the various minority groups.
Mayor Suarez: They have to involve the minorities in public service.
functions.
Mr. Plummer: That's any club that has a lease with the City. ;
Mayor Suarez: Now...
Mr. Plummer: OK, for example, Coral Reef...
4t�
Mr. Dawkins: Any club or organization.. any club or organization,
x t
Mr. Plummer: Coral Reef has a lease with the City.
f
wjl
Mr. Dawkins: Right.
Mr. Plummer: That means that Coral Reef will have to abide by these rules._ %f{x`
regulations.
Mr. Dawkins: Or void the lease. =
- a
u
Mr. Sergio Rodriguas: in the future.
Mr. Plummer: In the future lease. Ho, hog ho, are you...
Mr. Dawkins: Also the Roving Club.
Mr. Plummer: What, the Rowing Club? How many of those knot heads do ve want
In percentage vise? I mean, ve got... OK, hey, as long as it's fair and
across the board.
Mr. Dawkins: Well, all right, so this...
Mr. Plummer: And nobody is objecting.
Mr. Dawkins: So this does apply to the Orange Bowl? -
Mr. Plummer: That's up to the...
Mayor Suarez: Can they be considered to have a lease? Did you...
Mr. Plummer: They have a lease with the City for office space at the Orange
NOwl.
Mayor Suarez: For that once... Oh...
Mr. Plummer: Nothing to prevent them from moving out and maintaining their
status quo.
Mr. Fernandez: OK, but I think it's fair...
Mayor Suarez: Don't they lease the stadium for the once a year Orange Bowl
event?
Mr. Dawkins: You know, I would like to see them move out so that I could tell _
people express or who ever they sign the contract with that they dealing with
a bunch of racist individuals. Let them move.
Mayor Suarez: Don't they also lease the Orange Bowl on a once.a year .basis
for the Orange Bowl Classic?
Mr. Dawkins: No.
Mr. Fernandez: Yes.
Mr. Plummer: Yes, but that's separate from aside, I think from their contract
for the lease of office space.
Mayor Suarez: Yes, so they would have to comply because of the once a year
event, I would think. Counselor, are we right on that?
Mr. Fernandez: Yes.
Mr. Plummer: A one day lease?
Ms. Macbeth: One day lease...
Mr. Rodriguez: They rent the stadium.
elF
Ms. Macbeth: They rent the stadium.
Mr. Rodriguez: Compared to leasing it. �r M
Mr. Plummer: But a renter?
Ms. Macbeth: No, no, we're not including renters now. ,kit
r is
Mr. Plummer: Well, then it wouldn't include the one #lay..the�yx ;ct� ;L�4 A�
Bowl for the game? :ref
,W
Mr. Rodriguez: No.,
r
• - 18 //js� 'YjY
- _ - � - —"F'+j _—+.fr+ •�:Sf r�'k� s r t Wi;R.an a`�ai _
3=
` Nf, plumeer: Soy, you did that, you... I can see the tractor pull Coming up
with two... one hundred percent Redneek, that's it.
Mayor Suarez: You're saying, your opinion is that that does apply, right?
No. Macbeth: They have an office... they lease the office space.
Mr. Rodriguez: The opinion is that they're renting the Orange Bowl ones a
have here, right.
year and not leasing it, so it would not apply to what you
Mayor Suarez: No, no, no, wait a minute, whoa, whoa, whoa. Renting and
- leasing...
Mr. Plummer: Two different...
-
Mayor Suarez: ... 99 point 9 percent of the time and it'll all mean exactly
the same thing. What's your opinion?
Ms. Kearson: My feeling is...
Mayor Suarez: Is that a lease or is that not a lease? (Tape 14) A once a
year, long term agreement with the City...
Ms. Kearson: I would not...
Mayor Suarez: ... for staging an event is not a lease?
Ms. Kearson: I don't think it will comply under this, no.
-
Mayor Suarez: Thought you said...
Mr. De Yurre: On a permanent basis annually, once a... that's a long term
lease.
Mayor Suarez: Sounds like a lease to me.
No. Kearson: Once a year.
Mayor Suarez: Any how, get us an opinion on that. In the meantime, I just
want to tell them, once again, that the City's proportion of those three
minority groups is extremely high and the County's proportion, because the
Orange Bowl Committee proposes that it is a Countywide organization, even -the
County's proportion is 44 percent Hispanic, 18 or 20 percent black so. you
got -- you're up over 60 percent and of the other 38 or 40 percent, roughly
half are women. So, you're over 80 percent and that means that they've got a
long way to go. OK.
Ms. Hirai: We need to call the roll.
s
Mayor Suarez: Call the roll.
=_ Mr. De Yurre: OK, hold it, hold it, hold it. Let's make sure we - you know,
let'a.
LM Mayor Suarez: Oh, yes, I want to get a legal opinion on that,. unless you..., ,I
,
think it's a lease, it sounds like a lease to me.
Mr. De Yurre: I want to include - I feel that any type of arrangement that,is¢.
long term in nature, even if it's for one day a year, that has to be a
t�
They sign a document, it isn't like pay and move in for today, move^`out
tomorrow. There has to be a lease. Don't we have a contract with the Orange
Bowl Committee for the use of the Orange Bowl? _
' a,
Mr.
Plummer; Yes. But you.hAve
the same lease with the University of-USIR
which run concurrently. How
would you ever impose these regulations aBa
the
University?
._
Mr.
DAwkins c They Rot black
t
students playing' in the me 99l isn tyexy�rhe u
_
Mr.
Plummer: Not in their bollrd
oy trusteos is, wino tbei goverAisg b#x�
x
.
183
-I l=-i-4 4d t }y, f1{r 4• �'yy u}r P--
Mayor Suaret: I know they don't have any women playing on the football team
but they otherwise comply pretty well with minority participation.
Mr. Dawkina: Well, they got some out there that's big enough to play and play
middle line, guard and nose guard.
Mayor Suarez: You might want to check whether this would apply to the
University of Miami for their use of the Orange Bowl and, of no, get back to
us.
Mr. Plummer: Well, they both have concurrent leases so if it applies to the
Orange Bowl, it definitely would apply to the University.
Mayor Suarez: Well, I don't know if these thing apply to other - well, it's a
private party. It's a private party.
Mr. Dawkins: Well the University, Mr. Mayor, the University of Miami would
have to meet affirmative goals...
Mayor Suarez: Yes, they have...
Mr. Dawkins: ... in order to qualify for federal funds.
Mr. Fernandez: Yes, may I call your attention to the fact that here, number
one, we're talking about future leases and anybody that's presently in a lease
relationship with the City, what we're talking about does not apply to them
until it expires and then they look to the City to renew or enter into another
lease. All right, so keep that in mind. Number two, I really need further
direction from you in terms of whether you just want to leave the word "lease"
alone and make reference only to leases, or whether you're looking at all the
different types of relationships by which the City allows an organization or
private club to make use of City property. Because there are many more than
just plain, what's know generically, as leases. So I need direction from this
Commission as to what is your intent and your desire.
Mr. De Yurre: I'd like to include everything.
Mr. Plummer: Far reaching.
Mr. De Yurre: That's right, as far reaching as it can be.
Mr. Plummer: Well, you know, I guess I have to be concerned in the area, what
happens if an organization tries and demonstrates to this Commission that they
have tried but cannot meet the goals, does that automatically cancel their
lease?
Mr. Dawkins: No. No. Good faith, we give them...
Mr. Plummer: Well, the way I read it here now it would. -
Mr. De Yurre: Maybe we should have some...
Mr. Fernandez: The lease provides...
Mr. De Yurre: ... something where they can come back to us and if we
determine that... and good faith, they're acting in good faith, then we can
let it proceed.
Mr. Fernandez: There is an annual report that will be built into any such
leases or agreements with the club or the organization where they report
annually and then the office of minority women business...
Mr. Plummer: You know, you're... excuse me, I'm sorry.
Mr. Fernandez: I'm sorry, that's just what the ordinance presently provides
`
for.
Mr. Plummer: You know, for example, let me give you an example. And we vent
through this before with the Coral Roof Yacht Club. Their dues to be a mnembar
are $2,000 initiation and then something like a thousand dollars a year. I
'
could be off on that, it's very high. How, in God's name, are the blacks 'of
this community going to be able to be members of that organization?_
184 January 121 .1069
�
ycei/x
i
Mr. be Murree well, why do we let them lease it for a dollar a year then if
they get all that kind of esoney?
Mr. plunmert well, with them, the lease only pertains to the underground
water, that's all that their lease is. But this would be included because
it's a lease with the City.
Mr. De Turret Well, it they didn't have the underground water, if they didn't
have the water, they wouldn't have a club.
Mrs. Kennedy: A club.
Mr. De Turret You know. I'd think that has a lot to do with what they have
there.
Mr. Plumper: Well, who also is going to use the water? I mean... hey, I'm
just, you know, this thing has tremendous ramifications as to the clarity...
Mr. Dawkins: You know, I agree with you, J.L., but it has no more tremendous
ramifications than my all
here eight years and telling the Orange Bowl
Committee that I, as a Commissioner, and we, as a public, do not think that
their policies reflect a good neighbor policy and that I, Miller Dawkins,
think that they have racist policies. That's my personal opinion, that's not
this Commission. And they have not demonstrated to me...
Mrs. Kennedy: You can add mine to yours.
Mr. Plummer: Well, but here, Miller, let me understand. You know, and I
understand that you've been here and I've heard your conversations in relation
to that and if you were addressing that issue just to the Orange Bowl
Committee, it's easy to understand. Their lease is up in 191, they're talking
about entering into a new lease with the City for an additional 15 years.
Now, that's easy to understand.
Mr. Dawkins: OK.
Mr. Plummer: But when you start going and making this a blanket policy, I'm
-
scared that it's going to be almost impossible to not only administer...
_
Mr. Dawkins: Well, does the blacks, Latins and women pay taxes is this City?
Mr. Plummer: Yes, sir, they sure do. I hope no.
Mr. Dawkins: Then they a right to be able to enjoy everything that everybody
else enjoy.
Mr. Plummer: No question about that but the question I'm raising, how for
does this thing go into the point of clarity? That's the question'I'm
raising.
Mr. Dawkins: Well, let them...
Mr. Plummer: You know, you can - at the time of the renewal, which this is,
the renewal of a lease, you can accept it or you don't. That's up to you.
};
We're not forcing it on any present lease. But, I'm wondering, for the point
of clarification, just how far will it go? I'm raising that question.
Mayor Suarez: Gene.
f
N
Mr. Gene Marks: Mr. Mayor, Commission, would this include the Arena because
s.
It is on City owned property.
Ku
Mr. Dawkins: Does it have a lease?
}x
Mr. Plummer: The Heat does.
Mr. Marks: Well, the Heat does and it's rented, the circus was, thprh l'or
days.
Mr. Dawkins: They're more racist than the Orange Bowl Co'wittee,'tb a
Y 6
6V
Tell them Miller Dawkins said that, the ovnarshlp, not +th4 'team
m `f ,
i
rJ.
1g5 J r 4 �t
0
Mr. Harks: They've been told that by Mr. Knox.
Mr. Dawkins, OK, I know about me and you both, I know that, gene. OK, no
problem.
Mr. Marks: We did have problems there, but the thing about it, I am bringing
this up at the Arena because that means the circus, they lease it. if we
happen to get hockey here, if we get indoor football here, if it was written
and interpreted that way, it's going to throw a pretty good monkey wrench into
the operation of the Arena and I just thought...
Mr. Plummer: What about the Baltimore Orioles? They enter into a long term
agreement with the City for the use of the baseball stadium.
Mr. De Turret They're a club.
Mr. Plummer: And they're a club, so, in other words, they would have to have
that makeup.
Mr. De Turret I think they're covered pretty well.
Mr. Plummer: OK, hey, you know, look, I have no problem with the fact that it
In future leases that people can accept or reject if they want a lease, they
have to accept the terms.
Mayor Suarez: That's where I am right now. That's where I am right now. Or
renegotiations of leases. And is that the way the ordinance now reads? OK.
I'll entertain a motion on that as it now reads.
Mr. Plummer: Future or future and renegotiation. What happens if we
renegotiate with Bayside? Now, they've got a minority participation that's
very, very good but, I mean...
Mayor Suarez: Yes, as to...
Mr. Plummer: ... we're continuously renegotiating with Bayside.
Mayor Suarez: As to their operations in the City of Miami, this particular
company would probably meet with all of that. That certainly was the
intention of our initial agreement with them and if it didn't, we'd have•a-`
problem.
Mr. Dawkins: My only...
_
Mr. Fernandez: Well, I...
Mayor Suarez: Actually, we don't have any renegotiation with Bayside for 75
years, what am I talking about? -
Mr. Plummer: Well, we already are.
Mr. Dawkins: My only question, and we will call the roll, I hope...
Mr. Plummer: We're renegotiating out for...
Mayor Suarez: Yes, little items.
Mr. Dawkins: ... was did this include and apply to the Orange Bowl and you
said, yes, and I'm ready...
Mayor Suarez: I just didn't realize that there vas an issue of existing •`
y
leases not coming under it. Nov, when is their agreement with the City costing
up for renegotiation?
h: f
Mr. Plummer: Orange Bowl? Ninety-one.
Mr. Fernandez: But, here is another legal issue that, to be very honest Frith
you, my Commission, I have not looked into, into great detail. If there Wain
a
_
option to renew a lease, if they're, let's says, there is a 20-year lease
which is - a ten year lease which has a 10 year renewable option, --•and=..the.
}
option is to be exercised, will this requirement be required in the exerclgs,
= of that option or is it making reference only to brand new leases? qz
k l
186 January .12, 18$ {= 4�r`
Mayor Suares: Check, you know, come back with a legal opinion on that but as
to the ones where the option is ours and can be exercised totally subject to
our discretion, you know, we could impose whatever we want. I think you agree
with that, and as to the Orange Bowl Committee, it doesn't apply not but, as
tar as I can tell from what you're saying, but it would certainly apply when
they come back for the new agreement in 1991. So, it's pretty close to that
moment.
Mr. Dawkins: And I don't think the Orange Bowl would move out so that I could
say that they were racist just because I asked them to include some
minorities. So, you know, we just...
Mr. Plummer: You know, Miller, I think...
Mr. Dawkins: I call the question.
Mayor Suarez: Yes, on the ordinance as presented.
Ms. Hirai: We need to cull the roll, Mr. Mayor. We need.to call
the roll ,
though.
Mayor Suarez: Call the roll, yes, please, by all means.
_-
AN ORDINANCE -
w
AN ORDINANCE REQUIRING THAT ANY FUTURE LEASES OF CITY -
OWNED PROPERTY TO PRIVATE CLUBS AND ORGANIZATIONS
CONTAIN PRESCRIBED LANGUAGE IN THE LEASE AGREEMENT AS
SET FORTH IN THIS ORDINANCE, WHICH LANGUAGE MANDATES
�r 7
—__ ADOPTION AND IMPLEMENTATION OF AN AFFIRMATIVE ACTION
"•fir
PLAN BY SUCH CLUB OR ORGANIZATION, SAID PLAN TO RESULT
IN PARTICIPATION BY MINORITIES IN CLUB OR ORGANIZATION
r
MEMBERSHIP AND ACTIVITIES; ALSO REQUIRING THAT SUCH
FUTURE LEASE AGREEMENTS INCORPORATE THE PROVISIONS OF
ORDINANCE NO. 10062 RELATED TO MINORITY PROCUREMENT(
-
THEREBY MANDATING THE ADOPTION AND IMPLEMENTATION OF
- THE ANNUAL GOAL OF FIFTY-ONE PERCENT(51)
cr,F
MINORITY/WOMEN BUSINESS PARTICIPATION IN THE
PROCUREMENT OF GOODS AND SERVICES BY LESSEES; FURTHER,
REQUIRING THAT SUCH FUTURE LEASE AGREEMENTS CONTAIN A
PROVISION REQUIRING THAT LESSEES REPORT ANNUALLY TO
THE CITY'S,OFFICE OF MINORITY/WOMEN BUSINESS AFFAIRS#"
Y r
ON THE ATTAINMENT OF SAID GOALS; CONTAINING A REtiAj
PROVISION AND A SEVERABILITY CLAUSE,=AND PROVIDING`FOR
INCLUSION IN THE CITY CODE.
Passed on its first reading by title at the meeting of ''Se t` beic
1985 was taken up for its second and final reading by" tl'e aed ed''t3aD,:;
motion of Commissioner Plummer, seconded by.. Vice !Mayor Ae Yurre, the Qr+i1R;
Via the given Its second and final reading, by 'title .and .pegsed
adopted by the following vote:
107
�d��lP9�►,3
�t z
H 71 .`_.F�"yi;r;t _
-- — —MINOR
- -
a
Af$�: Cisiioaet J. L. i'iu�aar� 3r.
Commitaioaer Rosario Kennedy
CoMitaloaar Miller Dawkins
Vice Mayor victor be Yurra
!Mayor Xavier L. Auaret
NOSS: None.
ABSENT: None.
1
i
THE ORDINANCE VASDESIGNATEDORDINANCE No. IOS40.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission And
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I'm voting yes because it addresses future leases.
Mr. De Yurre: Now, this also includes month to month...
Mr. Dawkins: Month to month leases...
;.
Mr. De Yurre: ... leases that have terminated and they're on a month to month
basis. Automatically, if a lease it terminated, and they're there on a month
to month basis, that's a renewal. So that includes those people.
Mr. Fernandez: Right.
:
i
Mayor Suarez: Vho are those?
Mr. De Yurre: I don't know but I'm just saying, I'm sure there's some out
i
9
a
there that are on a month to month that their lease expired.
'
1
Mayor Suarez: Those people technically can be evicted at any time any how.
Mr. Fernandez: The record should reflect, Madam City Clerk, that the vote
taken includes the amendment organization to the ordinance that's in front of
youi private clubs and organizations.
Ms. Hirai: There's one more vote. „}F
Mayor Suarez: Call the roll, please.
Mr. De Yurre: I vote yes.
56. RATIFY CITY MANAGER'S FINDING OF SOLE COURSE - waive requirement for
-
competitive sealed bids - approve acquisition of 1989 Florida Law
Enforcement Handbooks from Metro -Dade Police.
_
dd
�f
Mayor Suarez: Item 49, ratifying the City Manager's finding of sole source,
>t;
C
'-
Mr. Plummer: I wish you well on...
Mayor Suarez: Twelve thousand dollar item. I'll entertain a mot Lon on this.
"r`ty;
Mrs. Kennedy: So move.
Mr. Jorge Fernandez: Mr. Mayor, It I may interrupt you. Do ginaing with:l ost $
49, these are a series of public hearings and if you would be so
engage the public.
Mayor Suaraz: OK, does anyone wish to be heard on item 497 Lot the-rpcoF
!..
reflect no one stopped forward. Ye have a motion, dQ we have 0 tseaon�7,
Mr, Plummer: Move it.
R tD�3
r� r
01y6t Stares: Seconded. Call the roll. Commissioner Kennedy moved it.
Commissioner Mummer seconded.
The following resolution Was introduced by Commissioner Kennedy, Who
moved its adoption:
RESOLUTION NO. 89-50
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCEI MAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION
OF ONE THOUSAND FOUR HUNDRED AND FIFTY (1,450) 1969
FLORIDA LAW ENFORCEMENT HANDBOOKS AT A PROPOSED COST
OF $12,325.00 FROM METRO-DADE POLICE DEPARTMENT FOR
THE DEPARTMENT OF POLICEi ALLOCATING FUNDS THEREFOR
FROM THE 1980-89 OPERATING BUDGET ACCOUNT CODE NO.
290201-760; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THESE HANDBOOKS.
(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
1
Mayor Xavier L. Suarez _
NOES: None.
-
ABSENT: None.
57. RATIFY CITY MANAGER'S ACTION - approve repairs of the electrical -
switchgear at Bobby Maduro Stadium on an emergency basis - authorize
Issuance of purchase order to Robstone Company.
Mayor Suarez: Item 50, ratifying and approving and confirming the...
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: ... action of the City Manager, repairs of the electrical and
=;
switchgear of the Bobby Maduro Stadium to be an emergency. Item 80, eighty ;
hundred and forty dollars. Moved and seconded. Any discussion?
Mr. Jorge Fernandez: Public hearing. }
-
c
Mayor Suarez: Does anyone from the general public wish to be heard on this x
Item? Let the record reflect no one stepped forward. Call the roll.
f
n r �t 3 h .lei f 1£-hr`S
?R
-
( v
n ti.
The following resolution was introduced by Commissioner Plutemeti who
moved its adoption:
RESOLUTION NO. 89-51
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE
ACTION OF THE CITY MANAGER IN FINDING THE REPAIRS OF
THE ELECTRICAL SWITCHGEAR AT BOBBY MADURO STADIUM TO
BE AN EMERGENCY AND IN AUTHORIZING THE ISSUANCE OF AN
EMERGENCY PURCHASE ORDER FOR SUCH SERVICES TO ROBSTONE
COMPANY FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AT A TOTAL PROPOSED AMOUNT OF
$8,840.00; FUNDS THEREFOR ALLOCATED FROM THE 1986-89
OPERATING BUDGET ACCOUNT CODE NO. 420401-670.
(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.
58. RATIFY CITY MANAGER'S ACTION - authorize repairs to the City's asphalt
paving machine on an emergency basis - authorize issuance of purchase
order to Adams Dewind Machinery Company.
Mayor Suarez: Item 51.
— Mr. Plummer: Move it.
Mayor Suarez: Ratifying, approving and confirming...
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Under discussion.
Mayor Suarez: Yes.
as;
-
Mr. Dawkins: Mr. Williams.
Mayor Suarez: Commissioner Dawkins.
Mr. Ron Williams: Yes.'
ti 3
Syr
Mr. Dawkins: What was the need that made this an emergency, sir?
Mr. Williams: Mr. Dawkins, the City Commission approved sometime back the
purchase of a new paver. We proceeded with that approval and purchased.this
L,
equipment. However, it did not meet our specifications and basically_ wouldn't
most the need of the Department of Public Works. We rejected"that equipment
and essentially refurbished, repaired our present old equip meat at
a
substantial savings of $57,000.
Mr. Dawkins: It's not a savings, sir, because you'd still need a machiaea ;
Now, do you plan to go buy a machine?
r' s
r 190
January,l2�
Mr, Williams, We do plan to buy a piece of equipment. However, this defers
that iumbdistely need.
Mr. Dawkins: When will you bring it back to us, sir?
Mr, Williams, We will bid that equipment during next year's replacement order
and bring it back with the rest of the equipment.
Mr. Dawkins: In what, in 1990?
Mr. Williams: No, this year's, I'm sorry, in 1989 you should see that award
sometime toward the end of this fiscal year, Commissioner.
Mr. Dawkins: OK. Thank you. No further questions, Mr. Mayor.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-52
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, THE
ACTION OF THE CITY MANAGER IN FINDING THE REPAIRS OF
THE CITY'S ASPHALT PAVING MACHINE TO BE AN EMERGENCY
AND IN AUTHORIZING THE ISSUANCE OF AN EMERGENCY
PURCHASE ORDER FOR SUCH SERVICES TO ADAMS DEWIND
MACHINERY COMPANY FOR THE DEPARTMENT OF GENERAL
SERVICE ADMINISTRATION AT A TOTAL PROPOSED AMOUNT OF
$10,872.27; FUNDS BEING ALLOCATED FROM THE 1988-89
OPERATING BUDGET ACCOUNT CODE NO. 420901-850.
(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.
59. ACCEPT COMPLETED WORK: Douglas N. Higgins, Inc. - Winona Sanitary Sewer
CIP Project No. 351169 - authorize final payment.
Mayor Suarez: Item 527 Completed work of Douglas Higgins.
Mr. Sergio Rodriguez: Accepting the work from Higgins...
Mayor Suarez: Final payment of two ninety-three. =„
Mr. Rodriguez: Right and there is a saving
amount that was established.
of $235,000 from the original
Mayor Suarez: Love to hear that. Any further discussion on this item?
Mr. Plummer: Money going to Dearborn. Michigan. p
mayor Suartgt Anyone wish to be heard on this item? Let the retard tellett
Ike the stepped forward. I'll entertain a motion on 52.
Mr. Plummer: Move it.
Mayor 5uaress Moved.
Mrs. Kennedy: Second.
Mr. Dawkins: Second.
Mayor Suarest Seconded. Call the roil.
' The following resolution Mat introduced by Commissioner Plwwaeri wfo
moved its adoption:
RESOLUTION NO. 89-53
= A RESOLUTION ACCEPTING THE COMPLETED WORK OF DOUGLAS
N. HIGGINS, INC. AT A TOTAL COST OF $5,697,249.24 FOR
WINONA SANITARY SEWER IMPROVEMENT CIP PROJECT N0.
351169 AND AUTHORIZING A FINAL PAYMENT OF $293,025.43.
_
-_ (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 votes
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.
60. WAIVE CITY CODE PROHIBITION AGAINST TRANSACTION OF BUSINESS.WITH
A CITY
OFFICIAL AS IT APPLIES TO HOWARD.V. GARY.N
E
_ Mayor Suarez: Item 53.
k4.
-
.. Mr. Plummer: Move it.
rr�
Mayor Suarez: Moved. Second. Does anyone wish to be heard on this item from
_
the general public? Let the reflect no one stepped forward. Call
the roll. f
�
:rh
ME The followingresolution was introduced b Commissioner Plummer who
y ,
moved its adoption:
ti„x
- RESOLUTION NO. 89-54
`Yw
A RESOLUTION WAIVING, BY 4/5THS AFFIRMATIVE VOTE OF�<
THE MEMBERS OF THE CITY COMMISSION AFTER A DULY
r
ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE
TRANSACTION OF BUSINESS WITH A CITY OFFICIAL AS SUCH
PROHIBITION APPLIES TO HOWARD V. GARY AS PRESIDENT AND
OWNER OF HOWARD GARY AND COMPANY, WHO IS ALSO A MEMBER
OF THE CITY'S INTERNATIONAL TRADE BOARD FOR T14
s a
ACQUISITION OF FINANCIAL ADVISORY SERVICES.
(Here follows body of resolution, omitted here and:'
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolul
1
Allot eamirrioeer J. L. PIUM6rt Jr.
tomissioner Josario Kennedy
Comissioner Miller Dawkins
Vice Mayor Victor De Purre
Mayor Xavier L. Suarez
MORSs hone.
ASS: None.
9
61. ACCEPT COMPLETED WORK: M. Vila and Associates, Inc. - Citywide Highway
Improvement - Phase III CIP Project No. 341153 - authorize final
payment.
1 f
a Mayor Suarez: Fifty-four.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
s
Mr. Plummer: Second.
'- Mayor Suarez: Seconded. Does anyone from the general public wish to be heard
on this item? Let the record reflect no one stepped forward. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-55
A RESOLUTION ACCEPTING THE COMPLETED WORK OF M. VILA
AND ASSOCIATES, INC. AT A TOTAL COST OF $160,065.25
FOR. CITYWIDE HIGHWAY IMPROVEMENT - PHASE III C.I.P.,r�H
PROJECT NO. 341153 AND AUTHORIZING A FINAL PAYMENT OF
$19, 785.58.
,
r
(Here follows body of resolution, omitted here and on rt M t yl
file in the Office of the City Clerk.) 4"
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}i
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez.
NOES: None. :r �t�� , ryiTs
v e 5 A i kY� U r •. `L }+if2s ,ra. J=-
,g.xra�i#-rr`l`ispr,,ait•'uti"?4,-
ABSENT: None. ar a <EY `3' t a r 3y�&fi"'Yid
4 il LI�t"ge. k'„
3•'7'fi
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+"1Y#rx F —
.,.4 r�•L s� 3?i�
" t r a Y r '3i �•w vFl � i��'{z.4S+jy}aT .:
_ .. ..r - .. - ....=2' .. ...,, ... - .. .. . ,- ,. ... F. .. ,�^.t� !6. ... v...n�.... .t. +Vt.+t:::.v,!vy.� rE.t.�i� •:i.
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t
`.' � r3I0! bftDBRINC RESOLUTION 86-1019: Authorize Miami Dade Water and
a Sever Authority Dept. to advertise for sealed bids regarding
tonatruction of Miami River Canal Sanitary Sever improvement (in
District SR-SSSS-C - centerline sever) - authorize reimbursement to
MI&mI_Dade Water and Sewer Department for their cost in said sewer
'. improvement.
s
Mayor Suarez: item SS.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
—' Mr. Plummer: How such money are we talking about?
Mrs. Kennedy: Is that $125,000?
Mr. Sergio Rodriguez: One hundred and twenty-five thousand, approximately.
Mr. Plummer: Thank you.
Mayor Suarez: Fifty-five that was, right?
Mr. Plummer: Yes.
' Mr. Rodriguez: Fifty-five.
Mayor Suarez: Do we have a motion and a second, Madam City Clerk?
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Another motion, another second'. Thai Ii'make'-It`even stronger.
Call the roll on the item: ? F
Mr. Jorge Fernandez: Public hearing.
z
The following resolution was introduced by Commissioner Dawkins, rho
moved its adoption: J
RESOLUTION NO. 89-56
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 88-
1019 AND AUTHORIZING THE MIAMI-DADE WATER & SEWER
AUTHORITY DEPARTMENT TO ADVERTISE FOR SEALED BIDS FOR���
THE CONSTRUCTION OF MIAMI RIVER CANAL SANITARY SEWER Fx.
IMPROVEMENT IN MIAMI RIVER CANAL SANITARY SEWER
dS
IMPROVEMENT DISTRICT SR-5555-C (CENTERLINE SEWER); AND
AUTHORIZING THE CITY MANAGER TO REIMBURSE MIAMI-DADE Y
b W.
WATER & SEWER AUTHORITY DEPARTMENT FOR THE COST OF 4"''�N* v mow,
SAID SEWER IMPROVEMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) {,$}.,
;t ar
Upon being seconded by Commissioner De Yurre, the resolution Mas ,p8i�$
and adopted by the following vote: s :
t t ✓ tj ^�
1 '. _ ) . YYK •gyp .i.. —
'1 i ? 34 �i .rSt�f,�, �i,•t` ,�7 5,.'
J
JX�
Y;
E'
A'!Effit Cosseiaiioner J. t.. Ylussreer, Jr.
commissioner Aosario Kennedy
Commisaioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOESs None.
ABSENTs None.
Mayor Suarez: You, I'm sorry. Did anyone wish to be heard on item 33? Let
the record reflect that no one stepped forward.
63. AUTHORIZE INCREASE IN CONTRACT WITH P.N.M. CORPORATION for construction
of Dinner Key Marina Paving and Landside Utilities CIP Project No.
414005 - ratify finding of emergency circumstances.
Mayor Suarez: Item fifty-six.
Mr. Plummer: Move it.
Mayor Suarez: Moved. Seconded. Does anyone wish to be heard on item 56?
Let the record reflect that no one stepped forward although Herb Simon acted
as if he was coming, but he wasn't really coming this way. He was just going
to go chat with the acting city manager which I wish you wouldn't do so could
get on with this agenda. Just kidding, go ahead, do your thing. Any further
discussion? Call the roll on 56.
The following resolution was introduced by Commissioner Plummer, who
moved its adoptions
RESOLUTION NO. 89-57
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $32,115.85 IN THE CONTRACT BETWEEN THE CITY
-
OF MIAMI. FLORIDA AND P.N.M. CORPORATION DATED JANUARY
29, 1987 FOR THE CONSTRUCTION OF DINNER KEY MARINAu
'
PAVING AND LANDSIDE UTILITIES CIP PROJECT NO. 414005,
SAID FUNDS TO BE PROVIDED FROM THE CAPITAL
£:
IMPROVEMENTS ORDINANCE NO. 10521, WITH FUNDS ALREADY
_ ';
?
ALLOCATED TO THE PROJECT; FURTHER RATIFYING THE CITY
a
MANAGER'S WRITTEN FINDING THAT THE HEREIN INCREASE<
RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE
CITY COMMISSION, AND ADOPTING THE FINDINGS AND
CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS
a ,;
RESOLUTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was patsy¢
and adopted by the following vote:
AYESs Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
j Vice Mayor Victor 1De Yurre
Mayor Xavier L. Suarez 11
NOESs None. K,
ABSENTt Pone.
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Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded and thirded. Any discussion? Does anyone
with to be heard on this item? Let the record reflect no one stepped forward.
Call the roil on 57.
Mr. Jorge Fernandez: Yes, just for the record, Mr. Mayor...
Mayor Suarez: Yes, Mr. City Attorney.
Mr. Fernandez: ... you should know that an item was passed out correcting
just some typos that were in the original that was included in your package,
just minor.
Mayor Suarez: Always want to correct the typos. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-58
A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE VOTE OF
THE MEMBERS OF THE CITY COMMISSION AFTER A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION AGAINST THE
APPEARANCE OF A FORMER CITY OFFICER, OFFICIAL OR
f
EMPLOYEE BEFORE THE CITY COMMISSION WITHIN TWO (2)
-
YEARS AFTER LEAVING CITY EMPLOYMENT AS SUCH
PROHIBITION APPLIES TO WALTER L. PIERCE, WHO LAST
SERVED AS AN ASSISTANT CITY MANAGER ON JANUARY 14,
1988 AND WHO NOW SEEKS TO REPRESENT CLIENTS IN MATTERSr
..
COMING BEFORE THE CITY COMMISSION FOR ITS
- 9
n
CONSIDERATION.'
4
(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 h
and adopted by the following vote:
—_
AYES: Commissioner J. L. Plummer, Jr. n'
Commissioner Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
71
Mayor Xavier L. Suarez
NOES: None.
;
—�
ABSENT: None.
a
Mayor Suarez: I know you're careful about any substantive changes and aaybo4y
getting on your back about those.
i
-e
■
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-
-
-
w -3 &� _
-
ft
.
' 'M
RATIFY CITY MANAGER'S FINDING OF SOLE SOURCE - waive bidding
requirement - approve upgrading of Police Department'a automated finger
print identification system by acquiring an image storage and retrieval
subsystem from De La Rue Printrak, Inc.
Mayor Suarez: Item S8. Resolution ratifying the City Manager's finding of
sole source.
Mr. Plummer: Move it.
Mayor Suarez: Moved. Seconded. Any discussion? Anyone from the general
public wish to be heard on 58? Let the record reflect no one stepped forward.
Call the roll. please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-59
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE UPGRADING OF
THE MIAMI POLICE DEPARTMENT'S AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM WITH THE ACQUISITION OF AN IMAGE
k
STORAGE AND RETRIEVAL SUBSYSTEM AT A PROPOSED COST OF
$397,000.00 FROM DE LA RUE PRINTRAK, INC.
FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM
-
THE CAPITAL IMPROVEMENT PROJECT NO. 312018
ACCOUNT
CODE NO. 299401-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
-
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
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller Dawkins
ABSENT: None.
P -
oil
Mr.
Fernandez: Do you have four votes, Madam City Clerk,
on that one?.
Mr.
Plummer: Yes.
Mr.
Fernandez: It requires four -fifth.
Ms.
Hirai: Four -fifths.
Mr.
Fernandez: Yes, you have...
_
Me.
Hirai: We have four -fifths.
� rt�
'L
Mr.
Fernandez: OK, I'm sorry.
St�;� ''%:• <� ° spy �
+-�
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Plummer: Sixty, ..
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Mayor
Very
$uareg: interest= ng'o be;.auso I n�V�r
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Mr.
Dawkins: What are we on now, Mr. Mayor?
7
.
13
197ax►itl°9�
Mayor Suaret: but...
Mr. farnandaz: Madam City Clark, did you hear thatt
Mr. Dawkins: Sixty what?
Ms. Hirai: I'm sorry?
Mayor Suarez: No, I had not voted up to this time but I have an idea that
we're going to be told this item is one that we must approve otherwise we have
no fingerprinting capacity.
Mr. Dawkins: The only reason - let we state - the only reason I voted no, I
keep telling them over and over that I can't understand, Mr. Mayor, how them
to only one organization that does this and you got to spend four hundred
thousand dollars a year and we don't go out and find another one. And it's
only principle, OK?
Mr. Plummer: Let me tell you why. Because I was the same question that I
raised when they took me and walked me through the whole situation. This In
redoing our existing machine to make it in compliance with the county and with
the state. If you go out and buy a new machine to do the same, you're talking
in excess of a million dollars. We're being able to make ours in compliance
with the state network for this amount of three hundred ninety-seven. We have
the machine. It just will not jive with the county and the state machine
which makes ours, you know, like an independent.
Mr. Dawkins: No problem.
Mr. Plummer: OK. Did we get 4/5ths vote? Is that...
Ms. Hirai: If Mayor Suarez voted yes, yes, sir...
_
Mayor Suarez: Tea.
Ms. Hirai: ... we had one no vote, Commissioner Dawkins.
Mr. Plummer: OK.
Mr. Fernandez: All right, thank you.
F=
66. DISCUSS AND REFER TO THE CITY MANAGER REQUEST FROM JEFFREY INDUSTRIES,
"`-
INC. IN CONNECTION WITH THE THIRD ANNUAL LATIN MUSIC AWARDS (BRAVO
ys_
AWARDS).
Mayor Suarez: OK, item sixty, Jeffrey Industries, Inc. Third annual Latin
Music Awards, Bravo. I mean Bravo awards, I'm not giving you a bravo already.
Ms. Sherry Reinker: Honorable Mayor Suarez, Commissioners, I was before...
I'm Sherry Reinker, I'm chairman of the board and president of Jeffrey
Industries, the owner and producer of the Latin Music Awards, the Bravo_
Awards. I was before you in November and have returned. I did not I `was
going to go before the TDC, Mayor, as you requested, but was not able .to got
at that meeting. It was cancelled, my appearing was cancelled. So it:;baa
been presented to me...
Mayor Suarez:
Wait, wait, they just cancelled unilaterally your appearaac�
_
No. Reinker:
Too. I don't know what the reasoning was, I was called
Mr. Plummer:
No, no, no, no. That's not true. No, you Mere on they
portion of the agenda which did not have your application_ in . otapI' t'', �4y
-
fulf illed and
that vas the reason we only took ,up those which sere comp7��d ` ,MA
applications.
b'
Mayor Suarez:
So she still has another shot at the applicant.
Mr. Plummer: it was the longest agenda we ever had at the TDC, tie had 13
items. tie took up 16 tnd we deferred the ones that didn't have completed
applications.
No. Reinker: I thought my application was completed but I apologize about
that. I thought it was. OK.
Mr. Plummer: Well, OK.
Mr. Rodriguez: It was continued.
Ms. Reinker: At any rate, I didn't appear before them as was suggested at the
Commission meeting so I am back. It was presented to me that, as we want to
hold the event at the Miami Arena, that the City would advance us
approximately $56,000 which represents the rental fee of the facility of which
the first income of the event would be reimbursed to the City.
Mr. Plummer: Hello?
Mr. De Yurre: Mr. Mr -or.
Mayor Suaraz: Mr. vice Mayor.
Mr. De Yurre: On this item and I've had the visit of these folks here
explaining to me this whole concept that I've seen the video and certainly
it's something that will attract visitors to Miami and it puts Miami once
again on the map - not that we need more publicity, because we get publicity
all the time, but certainly it does something good for the City of Miami to
have this type of program locally here especially when it's televised in the
Latin world throughout the Americas. I would feel and I was comfortable with
talking with Cesar - is he around here? Cesar.
Mayor Suarez: Mr. Manager.
Mr. De Yurre: We discussed - this group needed about 456,000...
Mr. Odio: Yes.
Mr. De Yurre: ... and what...
Mr. Odio: We would get the gate. -
Mr. De Yurre: ... the City Manager and I had discussed was being able to put
up the money up front but the first dollars that come in from the ticket sales
=�
at the Miami Arena, where this event is going to be held, we would recoup our
money right away.
Mr. Odio: Yes, we would control the gate. But I also remember, Commissioner,
1
we talked about she has a pending debt that had us concerned.
Me. Reinker: I'm glad you mentioned that, Mr. Odio, because what that
represented was the first year we held the event...
Mr. Od io: OK.
—�
Ms. Reinker: ... in 1986 at the James L. Knight Center. We had requested...
Mr. Odio: Can I say why I was concerned, please. I didn't get to... is that
somebody could come in and impound the gate and then we would be out, that's
why I was... go ahead.
a
Ms. Reinker: OK, if I can continue. The first year we held the event is 1906
at the James L. Knight Center, we had requested the facility waiver from the .' e
City. The City tried to get that funding for us. However, it never came ia. T
We paid for the facility use of the James L. Knight Center that first yoar.
1
We did have some outstanding debts because we thought we would be receiving 4 Y
some $48,000 from the City which we never received., That was why we--, had,-.''
outstanding debt from that first year with an event of that magnitude agai�►� _
as I've done for two year, we do get income from private sectors ae WOU- gs �
corporate sectors to produce the show. -
J
199 Jdavat*y ` l,y
-
0
Mir. Plummer: Is this a non profit?
7
Ms. Rainker: We have the Latin Music Scholarship Foundation which is a not
profit organization. We do a separate fund raising event for the Foundation.
We raise funds for scholarships but the Latin Music Awards show is independent
of the foundation.
Mr. Plummer: So this is for profit?
Ms. Reinker: Teo.
Mr. Plummer: And after we get back - Mr. Manager, after we get back our
sixty-five thousand, how much is it?
Mr. Odio: Fifty-six.
Ms. Reinker: Approximately fifty-six thousand.
Mr. Plummer: After we get back our fifty-six thousand, what percentage of
their profits do we get?
Mr. Odio: Well, we had not talked about the prof its at all. I don't
believe...
Mr. Plummer: Well, we got to talk about it. It's a profit making
organization.
Mr. De Yurre: Talk about it.
Mr. Odlo: Well, that's fine, bring it up.
Mr. Plummer: At the Arena? Frank, at the Arena?
Mr. Frank Castaneda: What I have here that the rental is 15 percent of gross
plus the six percent tax, is that what you have negotiated at the Arena?
Ms. Reinker: I'm not sure, I don't have my....
Mr. Plummer: Well, are you saying to me that the $56,000 we put up up front,
we get that back of the first dollars received at the gate?
Mr. Castaneda: Right.
Ms. Reinker: Correct.
Mr. Plummer: Then, we get 15 percent of the gross plus six...
Mr. Castaneda: Fifty-six thousand dollars is estimated to be the total coat
of leasing the Arena and so forth which In 456,000 and that includes .a
percentage of the gross.
Mr. Plummer: Oh no, no, no. No, this City is entitled to at least.10
percent. Why not?
Ms. Reinker: And I believe you'd get income from the food concessions.
Mr. Plummer: No, we don't.
Ms. Reinker: You don't? 9E
Mr. Plummer: No, we don't operate the Arena, my dear. That's the Sports
Authority. I would, you know, I would go along - are we aasured, because I �
don't know the show, are we assured they're going to take ;in $56,0007., wall
there was obviously a deficit before. Don't everybody shake your hood and
away from me. I'm asking questions. Who in the hall's got answers? >'
Mr. De Yurre: How many people were at the first annual... uaV
No. Reinker: There were about, I believe, about three thousand. It MasA�� {
all full, the James L. Knight Center.
r
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Mr. Odio: They owed about $50,000 at that time there. any:
200 dD 1R�C ► ;�t : � +� ,r
E
Mr. Plummer: But how do we have any assurance that we're going to get our
$56,000 back?
Mr. Odio: That was my concern because of the debt that somebody could come in
and may no, those monies are owed and...
Mr. Plummer: No, that's the second concern. I'm assuming tickets are going
to be in the neighborhood of $10 each?
Me. Reinker: We want them to be conducive to everybody being able to afford
to come to the ■how. I don't want to, you know, make them...
Mr. Plummer: But if you only had 3,000 people before at $10 each is $30,000.
Ms. Reinker: Commissioner Plummer, if I may say so, the first year we did
this show, there were a lot of people didn't believe that this show as going
to take place because of the concept and the magnitude of the event and I
know, myself, some of the Commissioners even said to me that when they saw ads
In the Herald, that they didn't believe that Julio Iglesias, Miami Sound
Machine, and Roberto Carlos would be live and in person on one stage. They
thought it was going to be a video television show, per se. The first year,
which was a historic event, was a lot of people all over the world couldn't
believe that it was done.
Mr. Plummer: And what about the second year?
Ms. Reinker: The second year it was done in Dominican Republic, same thing,
it was a very successful show. We did it in the amphitheater at Altos de
Chavon....
Mr. Plummer: And the third year?
Ms. Reinker: Third year is coming up. That's what we're talking about this
year, November of 189.
Mr. Plummer: Yes, but, you know, the point of it is the City is looking, as I
understand it, to have an assurance that they're going to get their money back
before we ever talk about 10 percent of the profits. Now, what assurance can
you give us that that's going to happen?
Ms. Reinker: Well, I don't know what assurances other promoters give you that
you're, you know, on the gate sales. That's an unpredictable.
Mr. Plummer: Well, under normal circumstances, I have to be honest with you,
we don't fund profit making organizations. That's not the position of
government.
Ms. Reinker: Well, we wanted to bring, you know, to try to bring the show
back to Miami and if it can't be done, it can't be done.
Mr. Plummer: What entertainment do you have definitely committed, signed,
sealed and delivered?
Ms. Reinker: At this moment, as a matter of fact I've been talking with Julio
Iglesias about the possibility of being the master of ceremonies for the third
show.
Mr. Plummer: I said, what do you have at this point, signed, sealed and
delivered?
Ms. Reinker: Not signed, sealed and delivered because the
show is scheduled
for November of 189. We send ballots out, Commissioner Plummer.
In other
words, this is an event like the Grammy's, ballots are
sent out to the
recording industry and artists thoughout the world. From that
balloting, the
finalists in some 21 categories, are selected by the
industry for the
categories. It's from those nominees that come to the show.
Mr. Plummer: But you have no control over their spending.
Mr. De Yurre: Why can't we - I'm sure that she feels that
she's going to be
successful and we don't have to give the dollars till it's
close to November
anyway. By that time, she's got to have all her talent signed
up.
201
January 12 19$Q
fi
Y .
u
Mr. Plummert Oh, yes, but as I understand it, this monies which you're taking
the City for is the monies for the rent of the Arena.
Ns. Reinker: We're not actually asking for money, Commissioner Plurommer, we
would like to hold the event at the Miami Arena, in other words. to we would
like to - what we would like to have is the waiver of the fees for using a
facility. If you had to buy promotional time...
Mr. Plummer: We can't do that.
Ms. Reinker: ... that this show represents, it would be in the millions.
Mr. Odio: We don't run the Arena. It's not a City -owned...
Ms. Reinker: I know that.
Mr. Plummer: But in other words, Cesar, what I'm saying is, there's Done of.
these monies going to be paid to her.
Mr. Odio: No, well...
Ms. Reinker: No, that's right, no, they don't come to me.
Mr. Plummer: All the monies would be paid and we would have total control
because our money would be paid to the Sports Arena which they would require
In advance.
Mr. Castaneda: That's correct.
4
Mr. Plummer: My only concern is the fact of getting our money back a
guarantee? I would recommend we send it to the Manager and let him try to -
do you have any kind of collateral?
Ms. Reinker: Oh, of course. Yes. I think I've sent all of you packages on it.
Mr. Plummer: Do you have the package, what she could offer as collateral for
fifty-six thousand?
Mr. Odio: No, I haven't seen the collateral.
Mrs. Kennedy: Sure, why don't we do that. There's ample time to get back to
the Manager and let him sit down with you, see the package that_obviously:he ,
hasn't seen and then come back to us.
Ms. Reinker: OK, very good.
- Mr. Plummer: I'll go along with that.
Ms. Reinker: Thank you. f
Mr. De Yurre: OK. What's the next item? ;=
i
Mr. Plummer: We lost a Mayor.
Mrs. Kennedy: Do we need the... well, there's a potion and a second.
iMr. De Yurre: Item...,
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202
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61. (Continued Discussion) A. Appoint George Knox, Esq. as Chairman of the
Miami Sports and Exhibition Authority.
B. Instruct Administration to conduct an audit of the Miami Sports and
Exhibition Authority beginning October 1, 1988 to the present (See
labels 30 and 69).
Mr. Davkins: I'd like to hear e9 and then 94.
Mr. De Yurre: Eighty-nine?
Mr. Dawkins: Eighty-nine.
Mr. De Yurre: Item eighty-nine? Rotation of the chairmanship of the Miami
Sports and Exhibition Authority.
Mr. Dawkins: Again, and I'd say that I think that their chairmanship should
rotate every year and I move that George Knox become chairperson for one year
since he is the vice chairperson and I move that he be the chairman for one
year.
Mr. De Yurre: You're proposing George Knox?
Mr. Dawkins: Yes.
Mr. De Yurre: You have a second on that motion?
Mr. Plummer: Well, I have no problem with being on a rotated basis of annual
none whatsoever. My only concern, Miller, and I'll express it on the record,
not only is Gene Marks my friend but I think Gene Marks has done a hell of a
job. I am concerned only to this point as to when George would take over...
Mr. Dawkins: Immediately.'
Mr. Plummer: ... all right, there I have a concern. And that concern In that
not all of the contracts are completed for the initial building and
construction and Mr. Marks is the one who lived that Arena from day to day and
I would honestly say no one knows those contracts better than him. And if you
could make this at the conclusion... I don't know, I'm given reason to
believe, another 60 days. Ninety? How many?
Mr. De Yurre: Well, J.L., he's still going to be a member. I mean, like his
input's still going to be there.
Mr. Plummer: Yes, but George just doesn't have the same amount of time in
that....
Mr. Dawkins:
Well, you see, J.L., that's my...
Mr. Plummer:
Once the contracts are finished.
Mr. Dawkins:
J. L., you see, that's my problem, see. Why didn't they teach
somebody also
over there what the hell he was doing?
Mr. Plummer:
Because all of these people are volunteers.
Mr. Dawkins:
He is too, In he paid?
Mr. Plummer:
No, none of them are paid.
;3
Mr. Dawkins:
OK, I'm sorry, go ahead because I've made my motion.
1;
Mr. Gene Marks: Mr. Dawkins, not on behalf of myself on this, out of all the
f
members, I was the only one that had construction experience. As you know, we
are now at
the audit, the books of the construction contract. I've been
-
spending a
lot of time with them and I hope within the next two to throe
weeks, I'll
be going to Houston to final out the final cost of the contrcL.
Now, for me
to step down, if this is what you pant, that is your prerogative.
But for somebody that, under the by-laws in the ordinance, that the
>*3�
f.r'i3k
203 Japyery
1t.
f
chairperson of the Authority, the authority that has to do for approving these
documents, to put somebody into it now, you go right ahead. but I'll tell
you, it'll be a donneybrook.
Mr. Dawkins: That's my vote, sir. I don't know if I got three more up here,
but that is my vote and I do plan to go right ahead, air.
Mayor Suarez: Did you have a second on it?
Mr. Dawkins: Yes, Victor seconded it.
Mayor Suarez: I don't know if I should get into this but, I won't - I'm going
to have, Mr. Marks, and I'm going to call you privately on actions taken
that - what - by the board yesterday, the day before yesterday. Can we can...
Mr. Manager, can you arrange to provide us with the latest, the minutes of the
latest board meeting of the Sports and Exhibition Authority. I'm a member of
it too, I guess, technically, ex officio, but I just need to see what
actions... I've been told that payments and contracts have been entered into
of the kind that I'd hope that they will not continue to do - lobbyists in
Tallahassee at a figure of $20,000. I know you had reservations about it,
Gene. You know, I'd think, as we went over their budget, we gave a pretty
clear message that they should stick to the basic operations of the Arena and
handling of the finances of the bonds and that In it. No monies to people,
there's all kinds of consulting contracts being entered into and I'm going to
review all of that myself. I don't know if the rest of the Commission In
going to want copies of that.
Mr. De Yurre: That's a public record.
Mayor Suarez: Yes, that's...
Mr. Plummer: What happened to the thing that we passed here that said that no
amount of that contingency money above five thousand could be spent without
Commission approval?
Mayor Suarez: Was there a $20,060 lobbying contract approved? And, of so,
how do you hope to get around the Commission having to then approve that if -
that was our motion, that five thousand. Or unless that was already in the
budget, Gene, and maybe I missed it somewhere.
Mr. Marks: Mr. Korge is walking around here. I brought this up in a meeting
about 3 months ago and I believe, if I'm not mistaken, in August when we came
before the Commission, of going over the budget of being two hundred and some
thousand over but it was already expended and I think everybody recalls that
meeting. That I thought that it was a motion by the Commission that anything
expended over a certain amount must be approved by the Commission.
Mr. Plummer: Five thousand.
Mr. Marks: Now, I had brought that up at a meeting and I was told, no, you're
wrong.
Mr. Plummer: Well...
Mr. Marks: If you have the minutes and pull them out then because I guess
I've been the bad boy up here asking questions of trying to do things... what
we're supposed to do.
Mayor Suarez: I fully intend to be present at the next meeting of the
Authority and exert my membership status and clarify some of these things
because, otherwise, they're going to come back to the Commission.
Mr. Marks: What I would do, if I were you, Mr. Manager, is pull the minutes -
I think it
was August of that meeting.
Mayor Suarez: We'll also get that clarified by the
City Manager, yes.
Mr. Marks:
And get it clarified because I did question at a meeting
and they
says, no,
you're wrong, we do not have to go back
to the Commission
to spend
this money
as long as is within the budget. And I
did not understand
it that
way.'
204
.I+tuuaary
12,
�;?
Mrs. Kennedy: No, that is not correct.
Mr. Plummer: No May.
Mr. Marks: Well, I may have been right that time
which I thought I was but I
was overruled.
Mrs. Kennedy, But Mrs. Hirai is already looking for those minutes and you'll
get them.
Mayor Suarez: You might convey back to the executive
director that, if I were
his, I wouldn't sign any checks in excess of
that figure and I believe the
i
figure was clearly $5,000.
Mr. Plummer: It was.
Mr. Marks: Mr. Korge was here, I think he's back
in the room now, because he
was at the meeting when I brought up and
asked the question because I
thought....
Mayor Suarez: Mr. Manager, why don't you
convey that to Mr. Blaisdell
directly?
Mr. Dawkins: No, it then it may be time to
change Mr. Executive Director
also.
Mayor Suarez: Maybe.
Mr. Marks: Also, that's great.
Mr. Plummer: Well, wait a minute. If Korge
is here, let's ask him to come
_
out here and what's his understanding? As I
recall, $270,000 that was not
aside that could not be touched in excess
of $5,000 without Commission
approval.
Mr. Marks: Well, if you'll get the minutes
of the last meeting, there.was
quite a bit more than that was expended,
that was approved for
expenditures.
Mayor Suarez: OK, I don't need to have the
item fully aired, I do want to ..
—
convey a caution not to spend that money, Mr. Manager, and I would not suggest
that you tell that to necessarily to the attorney. I suggest that you tell
that to the executive director who is directly
responsible for the functioning
of that authority.
i
Mr. Marks: Well, the minutes will reflect that
so that is up to you people.
i
Mayor Suarez: Although I'm sure he should get good advice from the attorney
that he's hired. And no disrespect to any of
the people involved, they're all
fine people, but they better start doing exactly what this Commission has
instructed. We have a motion and a second. Any further discussion?
4
Ms. Hirai: We need a second, Mr. Mayor.
Mrs. Kennedy: What is the motion?
•�t
_
Mr. Plummer: The motion is to appoint George
Knox immediately.
G(
Ms. Hirai: Commissioner Dawkins moved it and
we need a second._
`
Dawkins: Immediately, yes.
I(Mr.
!is• Hirai: All right.
!Mayor Suarez: Call the roll.
T A
� w =ir dun
L°Nmems..
ism
the following resolution was introduced by Commissioner Dawkibsi who
roved its adoption:
RESOLUTION NO. 89-60
A RESOLUTION APPOINTING GEORGE F. KNOX AS CHAIRPERSON
OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, 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.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I'm going to have to vote no. George Knox is a damn good
friend, he's eminently qualified and I would be pleased to see him as chairman
but I'm voting no only because I would like to see the present chairman final
! out these contracts which indications will be in less than a month. And I
just have to make that reservation on the record. But
George as an excellent
man for chairman.
Mrs. Kennedy: I'm going to vote no for the same reasons
plus the fact if he
really wanted it, I would have imagined that he would
have lobbied all of us _
here and he hasn't been to see me nor - and just ask Commissioner Plummer, he
hasn't been to see him either, so for those reasons, I'm voting no.
Mayor Suarez: I vote yes and let me, Mr. Manager, at this point request that.
we prepare the appropriate recognition of the work done by Mr. Gene Marks and
present it to him at the next Commission meeting as chairman. I know he's -
going to continue serving on the board so...
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Plummer: Mr. Mayor, I would ask at this time that
this Commission demand
an audit of the Sports Authority effective...
-
Mayor Suarez: On the last budget, beginning of the
budget year, from the
beginning of the budget year until now.
Mr. Plummer: Of this year. Yes.
Mayor Suarez: OK.
r:
Mr. Plummer: To this date, that would be from October
lot to January lot.I
would like an updating on there, audit on their books.
1
it
7r.
Mayor Suarez: See, Jack, we don't do that in the Off -Street Parking Authority
any more. Is that in the form of a motion?
sS 1 by ?¢
Mr. Marks: Mr. Plummer...
`1
Mr. Plummer: Yes.�`,7
Mayor Suarez: Gene, we ought to go ahead and formalise
that. -
N.
Mr. Marks: OK.
-
Mrs. Kennedy: Second.
!Mayor Suarez: Moved and seconded. Any discussion? Call
thebo
-
206
Yy.-
Mr. Plummer: Wail, wait a minute. If he has something to add, I'd like to
hear it.
!Mayor Suarez: but it's not going to be against the motion, I can't imagine,
will it?
Mr. Marks: Go ahead, make your motion and then I'll tell you what I'm going
to do.
Mayor Suaraz: Well, the motion's been made and seconded. Do you have
anything on that motion and...
Mr. Marks: No, sir, all's I can say is this. The seven years I've spent on
it and the two years I've been down there trying to get it built within
budget, J. L., I appreciate the faith you had in me. You know, as this time,
I'd like to tender my resignation as a member of the Sports Authority.
Mr. Plummer: I was scared of that. I was scared of that.
Mayor Suarez: We have a motion and a second. Any further discussion? Call
the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-61
A MOTION INSTRUCTING THE CITY MANAGER TO CONDUCT AN
AUDIT OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY
BEGINNING OCTOBER 1, 1988 TO THE PRESENT.
_
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.
68. BRIEF DISCUSSION REGARDING STATE ROAD 112 CONSTRUCTION PROJECT.
Mr. Dawkins: Mayor Suarez, I have some citizens here that I said I would try .
to hear this as close to 6:00 o'clock as possible, could we hear 94, please?
Mr. Rolle. Mr. Mayor, these residents live facing 112...
—_
Mayor Suarez: Oh, I've been driving by there and seeing, after you described
It, what the effect of that is.
Mr. Dawkins: So we, after this Commission is got into it and said we would
look into it, we were able to get with DOT and with Mr. McManus, Mr. Van, w4-
are finally got DOT to do what the residents request and that is they're going
to take out the south curbing and then run asphalt up against the walls so
that they'll have some parking space and what else did they say they were
_
going to do, Mr. Mayor?
Mr. Jim Kay: I think they're going to run the asphalt up there and then
some zebra striping up against these... - r
1
r
UNIDENTIFIED SPEAKER: They're goingto do some striping on the avi34
g
Mr. Kay: ... against the wall there..
207 �abW#�tr
q
Mr. Dawkins: And ve, this Commission also demanded that the contractor
replace the fence, any fences, damaged and...
Mayor Suarez: Provide artificial sunlight. You're not going to get ankh
sunlight It you're right up close to the expressway. It's an amazing
structure that they're building there.
Mr. Dawkins: But anyway, we did come up with something where all the
neighbors are satisfied and they're happy. So, would you like to say anything
to the Commission, Mr. Rolle?
Mr. Rolle: What I would like to say to the Mayor and Vice Mayor and
Commissioners, we thank you very much for what you have done for us in our
neighborhood. The concerned citizens are here to say thank you, thank you and
we won't forget you in the near future.
Mr. Dawkins: Thank you.
Mr. Plummer: Mr. Mayor...
Mayor Suarez: That's a beautiful community over there of single family homes
and very well kept and congratulate you for it. Even if we are building that
huge structure right there. It's a state, but, yes, Commissioner Plummer.
Mr. Plummer: No, this is something separate.
Mayor Suarez: Yes.
Mr. Rolle: OK, thank you very much.
69. (Continued Discussion) CHAIRMANSHIP OF THE MIAMI SPORTS AND EXHIBITION
AUTHORITY
- reject resignation of Eugene Marks as member of the Miami
Sports
and Exhibition Authority (See labels 30 and 67).
Mr. Plummer:
Mr. Mayor...
Mayor Suarez:
Yes, Commissioner Plummer.
Mr. Plummer:
No, this is something separate.
Mayor Suarez:
Yes.
Mr. Plummer:
Am I in order, Mr. Mayor, not to accept the resignation of Mr.
Marks?
Mr. Dawkins:
Yes.
Mr. Plummer:
I would so...
Mayor Suarez:
Whose appointment was he?.
Mr. Plummer:
Mine.
Mayor Suarez: Yes, I'd - certainly you can convey the thought that his
resignation that
you...
Mr. Plummer:
I would move at this time that we do not accept his resignation.
*f
Mr. Dawkins:
I second.
�xy.
t�
Mayor Suarez:
Moved and seconded. It's a symbolic thing. Obviously, a
person has a
right to resign, but if you want a symbolic message to
we'd like him
_him ,thi�t
not to resign, that's fine.
Plummer: I don't want him to resign. I don't accept it. Call the roll. '
No, it's my prerogative. f
t
Mayor Suarez: I want to clarify. I'm going to vote for the motion _ but t
recognize a person's right to resign and I don't mean to imply by that that
his resignation is rejected just that we, you know, wish he wouldn't resign,
that's...
Mrs. Kennedy: There he is.
Mr. Plummer: I'm making a motion that I don't accept your resignation.
Mr. Market I'll accept your motion, J. L. I just... that's the way I felt at
that moment, but after thinking about all the work that has to be done after
seven years on that thing, this is not the time to do it.
Mr. Plummer: You got to see it through to the completion.
Mr. Marks: Thank you, J. L. Thank you, Miller.
Mr. Plummer: His heart and soul's in that.
i
Mayor Suarez: In view of who got the thanks, I'm not going
to force a vote on
ithat
... so....
Mrs. Kennedy: Yes, Gene wait and see if it passes.
Mayor Suarez: ... because then I'm not going to vote for
it so...
Mrs. Kennedy: Wait and see if it passes. It's just a motion and a second.
i
Mayor Suarez: The hell with you, you can resign for all
I care.
Mrs. Kennedy: Don't be so sure now.
-'�
Mayor Suarez: We've got a lot of things to do around here.
Mr. Marks: Mr. Mayor, I'm sorry. I thank all of you
on the Commission for
putting up with me this length of time.
Mrs. Kennedy: Oh, OK.
Mayor Suarez: And we all want you back, Gene.
Mr. Plummer: I call the roll.ma
,
I
Mr. Marks: Thank you.
µ
f
Mayor Suarez: Call the roll then.
g
Ij
The following motion was introduced by Commissioner Plummer,.. who moved
j
its adoptions
=Is
MOTION NO. 89-62
A MOTION OF THE CITY COMMISSION REJECTING RESIGNATION
�!
TENDERED BY MR. EUGENE MARKS, AS MEMBER OF
THE MIAMI
SPORTS AND EXHIBITION AUTHORITY.
{
missC;
Upon being seconded by Commissioner Dawkins, the
motion was passgdd
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
k�sfs
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
L� z
Mayor Xavier L. Suarez
; $` ry ' v-
. .. Y `F `�, . ok'1.
NOES $ None •
Q$SENT: None. �. u n
w 4 ['Id5'. .' AHpI.'iiti' S
Ney ry
M
44 {G..`t id r'ft?d.c.
f J�
-,.
70. GRANT RSQUXST FROM "YOUTH AT RISK" CSMR.
Mayor Suareae Item - whatever item we're up to, sixty-one, lets* go quickly,
please.
Mrs. Kennedy: Sixty-one.
Mayor Suarez: Youth at Risk, senator... Center to request a grant from the
City.
Me. Shirley Anderson: Yea, actually it's not a center.
Mayor Suarez: I presume this is a kind of item that should have been referred
to Community Development Advisory Board for possible CDBG monies, that's the
only thing I can think of.
Mr. Odios And they should go through the process for next year.
Mayor Suarez: Has it even been seen by staff?
No. Anderson: Yes, yes, Dan Fernandez and we've also spoken with the...
Mr. Odios Yea, we're recommending...
-
Ms. Anderson: ... aides to yourself and all of the Commissioners.
Mr. Plummer: What is the Manager's recommendation?
Mr. Odios No funding based....
Mrs. Kennedy: How much are you asking?
Mr. Odio: Thirty thousand.
Ms. Anderson: Yes, thirty thousand, that would sponsor ten people, ten
youths, in this program. And, if I may, I waited five hours last month and
several hours this month, I would like to just say what it is, what we have to
i
offer. May I take a moment? Thank you. My name is Shirley Anderson and I!m
president of Miami Youth at Risk and also co -director. We're an all volunteer
organization. I want to just underline the importance of a program for youth
i
here in Miami now. this is for serious juvenile offenders. It is being done
in ten cities throughout the United States, nineteen programs have been done
in the past six years. The program has been found to be extremely successful.
The people that we have talked to in Miami in the criminal justice systems say
i
that it's 20 years ahead of anything that's been done now. The youth that we
are addressing would be able to use the services that are already available to
them at this time that they are not. There's precedent for public funding, we
—�'
have already raised almost $70,000 on our own through individual donations and
contributions through grants. The County Commission gave a $15,000 grant for
�
'
startup funds. There's a precedent, the State of Connecticut gave $180,000
eta
for two programs this year and just recently, the District of Columbia signed
a contract with the Breakthrough Foundation which actually produces this
program to do their second program in January of this year. I understand that K,
there is a process for getting community development funds. I would ask you
to take a look at the possibility of us sponsoring these youths out of funds
that you may have available to the Commission now. Is there any information I'
�
that would you provide
can P y persuade you to consider it? r
Mayor Suarez: Well, let me...�
Mr. Plummer: Yes, it's very simple, just tell us where we're going to fimti
s
the money because the Manager says there is none.
Mayor Suarez: Basically, we do, with 90 percent of our budget, we do 8oli�t,a
—
Fire, Solid Waste and Parks, Public Works and so on, maintain the Cityi�.tihe
essential services of a City, Its about- go percent of our budget. The"rests`
Is other essentials, Building and Zoning and so on, again, related to the �r
_
growth in our City and the promotion of that growth. We done have foe }
� r ius
210 Jsmus► 1,909 ��� -
s� � g4T1
4
;' _
MEMO
services. It's all the county. Now, we do get roughly 10, a little bit over
teen million dollars a year, in Community Development Block Grant monies of
which dS percent has to go to economic development, not your kind of program,
15 patent social services. We have a list that big of organizations already
being funded. They go through the Community Development Advisory Board
process which recommends back to us by roughly May or so and that process In
now going on...
Me. Anderson: All right.
Mayor Suarez: ... and you're welcome to apply to it. However, our two
parameters for programs are, and it was devised by Commissioner Plummer, it
was his definition, basically food and health programs get priority and Youth
at Risk is a generic thing affecting young people, probably wouldn't come
under either one of those. It sounds like LEAA grant money, if they still
exist, Criminal Justice Council, of which I have an appointee in that board,
they get substantial amounts of money. I don't know, that's just federal and
state funds for those kinds of purposes but City...
Me. Anderson: All right, very good...
Mayor Suarez: Maybe county, maybe county. We do have recreation programs.
We do have recreation programs and those could be considered to be somewhat
under the same definition but basically...
Ms. Anderson: No, not really technically.
Mayor Suarez: ... they're pretty wall established and even those we're
cutting back on in favor of the City's own Parks and Recreation programs.
Ms. Anderson: Would there be anything that you would be able to provide as an
alternative to direct funds? Perhaps like office space, technical help,
something of this nature?
Mayor Suarez: You know, we do do that. I mean, I have a brother who has a
school in the City of Miami and he has set up - what's your afternoon program
for kids called?
Mrs. Kennedy: RAP.
Mayor Suarez: Under the RAP program has set up different activities for the
kids over at Flagler Elementary and the City has been kind enough, under the
RAP program, to lend, I think, one police officer part time and someone from
parks and that program is working quite well in conjunction with a public
school in the City of Miami. So, you know, we...
Ms. Anderson: All right, that may be something that we could look at.
Outside of being a part of the Community Development funding hearing, is there
anything that I can do that you would suggest out of your knowledge of the
system and the resources that are available to this City, a way that I could
go to find assistance in direct funding way?
Mayor Suarez: Not direct, but indirect with our facilities, you know, if you
not up any kind of a major function sometimes we give the use of Bayfront Park
amphitheater. We still have days, I think, left for community purposes and
you're entitled to charge an admission fee and collect some money and raise
money that way.
Mr. Plummer: We're now open 367 days a year.
Mayor Suarez: Yes, we reserve that out for 368 days a year?
Mr. Plummer: Yes, twice on Sunday.
,
Mayor Suarez: And twice on Sunday. And, of course, I don't even have to tall �uf
r •rn
you, I mean, you can watch those television programs where they talk about:,*ll
the different ways in which state and federal government grants are,availabl;e.
You know, state has a 22 billion dollar budget, the, federal government,. hmea
1.17 trillion dollar budget. Unless I read the piper wrong the other day I }�
think that was the amount.
,t 1
Mr. Andersons Thank you all very much.
211
_ A f
t�
G�
.f
1
1 iiayor Suareat It might be also interesting to let you knoll that the new
speaker of the douse of Representatives of the State of Florida, Tom
t;ustafson, focuses on programs precisely on the concept of youat Risk. t
don't know if you know that. He doesn't look at infrastructure, he doesn't
look at the classic things as priorities, he sees...
Mr. Plummer: He spoke the other night at the Florida League.
Mayor Suarez: ... Youth at Risk and that's precisely your name and it's his
theme, as the number one priority of the state. That's a 21 billion dollar s
a
budget so - or 22, I think now. ;
Ms. Anderson: Thank you, that's a good way to go. Thank you very much. ;r
Mayor Suarez: Thank you, ma'am.
71. USE OF THE CITY'S GOLF COURSES: Afford Tracy Kerdyk and Dewey Knight the —
privilege of using facilities for an indefinite period of time.
Mr. Plummer: Mr. Mayor, can I bring this up very quickly, a resolution
waiving the green fees and card fees at Melreese Golf Course for Tracy Kerdyk
In recognition of her contribution to Melreese Golf Course and also Dewey
Knight likewise?
Mayor Suarez: Dewey Knight. Carl Curran asked me about that the other day in
recognition of his many years of service to the county.
Mr. Plummer: Right. I would move the names of both Tracy Kerdyk and Dewey
Knight. I so move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who,
moved its adoption:
RESOLUTION No. 89-63
A RESOLUTION AFFORDING TRACY KERDYK AND DEWEY KNIGHT
THE PRIVILEGE OF USING THE FACILITIES OF THE CITY GOLF
COURSES, INCLUDING ELECTRIC GOLF CARTS, FOR AN
UNLIMITED PERIOD OF TIME. `}
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) y
r,
Upon being seconded by Commissioner Kennedy, the resolution was passed r
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
T
Commissioner Miller Dawkins M}.
Vice Mayor Victor De Yurrs 2`g
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
7 t 1f =
7
f S 1
212
0
Yy�1�YY-.YY.YY�-_-Y-NYY_-NY-Y.�-1-YY-ii1W_MM�_M-M-Nib--MYWINY--YiYiMIY�.
71. EDGEWATERt-MIAMI MINI POLICE STATION: Allocate $185 to cover park
permit, showmobile and equipment fees for fund raising event.
Mrs. Kennedy: Mr. Mayor, can I bring something very quickly? It's a waiver
of $165 for the Edgewater Area Association to do a fund raiser to raise funds
for the police mini -station there and I so move.
Mayor Suarers So moved.
Mr. Plummer: Second.
Mayor Suarers Seconded. Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoptions
RESOLUTION NO. 89-64
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $185
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
TO COVER PARK PERMIT, SHOWMOBILE AND EQUIPMENT FEES
FOR A FUND RAISING EVENT FOR THE EDGEWATER-MIAMI MINI
POLICE STATION TO BE CONDUCTED BY THE EDGEWATER AREA
ASSOCIATION, INC. ON JANUARY 15, 1989 IN MARGARET PACE
PARK, 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
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: At this point item 62 was called and no one
appeared on the item.
73. SCHEDULE PUBLIC HEARING FOR RESIDENTS OF LOQUAT AND KUMQUAT AREA (SOUTH
GROVE) - regarding traffic problems and proposed placement of
barricades.
Mayor Suarez: Item 63, concerned citizens in South Grove to request the
placement of barricades at Loquat and Kumquat, the Douglas Road entrances. and
a reduction of speed to 20 miles per hour, "Children Playing" signs on Loquat
at Linden... what do we need to do to get the signs placed, Jim? That's not a
big deal.
Mr. Jim Kay: No, it's not.
Mayor Suarers "Children at Play" signs, I mean, that's... `}..
- r t
r
213
t� t
ny Lt
Mr. kay: i think the county vial Work With us on the signs but the closures
ate a big issue that...
Mayor 'Suarez: OK, what is the procedure for closures that we have to schedule
hearings first? If we're...
Mr. Kays Well, you have to have hearings and everything but we've gotten
recommendations already from Police, Fire, Metro Dade County...
Mayor Suarez: We've had hearings? I'm sorry...
Mr. Kay: Not hearings.
Mayor Suarez: OK. -
Mr. Kay: We have letters of recommendation to not to close those two streets.
Mayor Suarez: What do they look like? How many against and how many in favor
so far?
Mr. Kay: We haven't had any poll in that yet.
Mayor Suarez: Tabulated?
Mr. Plummer: No, he's talking about government, government is responded.
Mayor Suarez: Oh, I'm sorry, you're talking about our own internal...
Mr. Kay: This is very early, this is very premature right now.
Mayor Suarez: Yes, well, you know, the Fire Department and Police are always
against it.
Mr. Frank Balzebre: Can I read my brief statement?
Commission members, my name Honorable Mayorq
Avenue. is Frank Balzebre, I reside at 3843 Kumquat
Speeding cars using Kumquat and Loquat Avenues as a short cut track
between Douglas and LeJeune Road at all hours of day and night. Several
instances of hit and run accidents have occurred, our
we can't walk our children safely without fear of ing we have been killed,
hit or by the speeders. We got a dangerous situation that needs a solutionVenWe have
a e
growing
support from over a hundred residents in the area who agree that the have
problem is beyond our legal control. We need Your help before something
terrible happens. We request a scheduled public hearing for discussion
concerning the placement of barricades or constructive solution at Loquat and
Kumquat Avenue on the Douglas entrance with reduction of speed to 20 miles per
hour, "Children Playing" signs, whatever will work. We'll work with
appropriate staff in order to present a safe, sound plan of action. Doreear
You might want to add something. -
Ms. Doreen LoCiceros I'd like to make a statement also. My name is
LoCieero, I also reside on Kumquat, 3842 Kumquat Avenue. I have... Doren
t.
Mayor Suarez: What is this traffic coming from? -37th Avenue or...
Mr. Balzebre: LeJeune Road.
Mayor Suarez: Oh, LeJeune. h ;h
Ms. LoCiceros And some of the worst offenders are the W r
who have been clocked b Water Works ` E'r
Y police at going 70 miles as hour. It's pstraigh� fey
street, I've had a dog hit, I've lost five... a straight
Mayor Suarez: Clocked by police? h f
Ms. LoCiceros
Right.31,
Mayor Suarez s Have they been arrested b� -
y the police?
}
Ms. LoCiceros The 'v
Y s gotten tickets.
Mayor Suarez: Subsequent to being clocked?
214 ,sn�► �3 t,
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N?aa�1d'k�Y~t —_
'$1:�"w"y4
...ems -
Me. LoCicaro: Right, they have gotten tickets- Another solution that has
occurred to so would be to put stop signs at two other intersections that are
on both streets, Loquat and Kumquat. There are two small side streets and I
think that that would slow down the traffic considerably if you had to come to
a three-way stop. I have seen that in the north Grove and it's been very
effective in the Say Heights area. So that is a possibility and we're willing
to think of that.
Mr. Plummer: Let me tell you, let me tell you, you're whistling Dixie, OK?
Where is that lousy Manager? Sir, would you quit talking to the expensive
Herald and come listen to me? Mr. Manager, I want to tell you, since you
don't live on the streets, your back is to it, the 30-days that you had the
motorcycle policeman there writing tickets was a tremendous pleasure for all
residents. The 31st day it vent back and it's right now back to the same
situation it vas before. They do not respect the stop signs. May we request
again that that policeman be stationed there as he was before...
Ms. LoCicero: And could we have him at Kumquat too?
Mr. Plummer: Tigertail and Halissee...
Mr. Odic: Are you talking to me? Are you...
Mr. Plummer: I want to tell you something, it is amazing to stand there in
the afternoon. Nov, one of my neighbors on your street, on Rosario, your
neighbor, let me tell you what he's doing, it is amazing. He is standing out
there in the afternoon at rush hour traffic with a video camera, OK? And when
he sees these people coming down the street, he turns like he's taking the
picture, which he's not, OK? You never heard so many screeches of brakes in
all your life.
Mr. Odic: Well, but the problem is, you know, we put it on Tigertail and then
I get the traffic on my street, in Micanopy, OK?
Mr. Plummer: Well, then put two policemen out there.
Mr.
Odic: We
have a crime, you know, problem and then you start complaining
that we...
Mr.
Plummer:
Well, I guess you have to equate the amount of accidents and
deaths. I would request, Mr. Manager - Tigertail's not my street - so my
requesting it
is not for my street, but would you put one back out there again
for
30 days?
He was writing 12 to 15 tickets in a 2 hour period.
Ms.
LoCicero:
Right, I mean, this will help the police budget problem, you
know.
Mr.
Plummer:
4;
Well...
Ms.
LoCicero:
We'd like them on Kumquat and Loquat too.
Mr.
Dawkins:
You want one?
s
=;
Mr.
Plummer:
No, he wasn't taking - what was he taking video for? -
Mr.
De Yurre:
How many people want police officers at their corners so that u
—
we can get them dispatched?
Mr.
Plummer:
45
Yes.
Ms.
Esther Mae
Armbruster: Charles Avenue and the Main Highways
Mr.
De Yurre:
OK, anybody else?
Ms.
Armbruster: Douglas Road... 4 Apirs
—
Mr.
Plummer:
Yes, but De Yurre now lives down is a pocket where aobody �►aats ;
to cut through.
•
.. G ;J�: f�Y�Fy
Mr.
De Yurre:
And I'm paying for it too.
-
}3�
i215
�tM
Me. Armbruster: You cutting through all the time and if you were to put
additional parking spaces up here by the Playhouse, I don't know what you
expect us to do as far as getting out and getting in. And we have been asking
you if you put one in for her, you're going to put one there for us. OK?
Because we need it on Charles Avenue and the Main Highway. And we need it
again on Hibiscus and Charles Avenue. On Grand Avenue on Christmas Day a man
was killed on Elizabeth and Grand Avenue because the lack of traffic signs.
Mr. Plummer: Oh, yes.
Ms. Armbrusters We need a 4-way stop light, not a caution, but a 4-way. I'll
take my day anytime. I want Friday and Sat... let me tell you about the
policeman. I called them Friday night five times, not one policeman came by
and this is You know that music there the hot, bop, bop
on - all night long and throwing beer cans and bottles and on the yards. We
can't stay on the streets any more Friday, Saturday, Sunday. Come out there
and where the policeman? And they're Just as bad as the rest of them. They
shoot through Charles Avenue on Friday, Saturday night like this, scared to
even stop.
Mayor Suarez: Let the record reflect she's pointing at Lori Weldon.
Ms. Armbruster: That's what you ought to do.
Mr. Plummer: Well, Mr. Mayor, they're asking - a hundred citizens is asking
for a public hearing - I think it's within our purview and right to do so.
Mayor Suarez: Yes.
Mr. Plummer: So I will schedule - Mr. Manager, would you schedule a public
hearing as requested by a hundred citizens? I think it's only right that we
should grant it.
Mayor Suarez: So moved.
Ms. Armbruster: Right.
Mrs. Kennedy: Second.
-
Mayor Suarez: Seconded. Call the roll.
Mr. Plummer: On the Loquat, Kumquat area.
Mr. Odio: Fine.
Mayor Suarez: All the quate. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-65
A MOTION INSTRUCTING THE CITY MANAGER
TO SCHEDULE A
PUBLIC HEARING TO HEAR COMPLAINTS AND
REQUEST FROM
RESIDENTS OF THE LOQUAT AND KUMQUAT AREA
(SOUTH GROVE),
FOR PLACEMENT OF BARRICADES IN CERTAIN LOCATIONS AND,
_
MORE GENERALLY, IN CONNECTION WITH TRAFFIC
PROBLEMS IN h.
SAID AREA.
Upon being seconded by Commissioner Kennedy,
h4
the motion was passed,and;
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
t
Commissioner Rosario Kennedy
-
Commissioner Miller Dawkins
`
Vice Mayor Victor De Yurre
"x
Mayor Xavier L. Suarez
f
1
NOES: None.'
i r¢,yy''�"
+
ABSENT: None..
s
s
!
Jf
f'Y`�h
"pig, rl
;Ct
S
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Thank you for your presentation.
Mr. Balzebre: Thank you and...
Mayor Suarez: And the signs and all of that, the signage we cab take care of
with the county and good old Joe Longueira and all that, you know, he's got a
lot of influence over there in the county so - with the Director. Are you
ever going to change his name to a chief so he'll be like every other chief?
No, always Director, huh?
NOTE FOR THE RECORD: Item 64, Miami Liberty City Dance Theater,
Inc. was called and no interested party appeared. Item 65, Miami
Coalition for Care to the Homeless was withdrawn.
74. DISCUSSION CONCERNING APPOINTMENTS TO BE MADE ON THE COCONUT GROVE
FESTIVAL COMMITTEE.
Mr. Plummer: Mr. Mayor, may I, at this time, bring out that there are two
Commissioners who have not made appointments to the festival committee and one
Commissioner has made three, one more than he was entitled to. I think it's -
I forget - have you made your two?
Mrs. Kennedy:
No, I think I've...
Mayor Suarez:
I've sent a lot of names down the pike, I
don't know how many
i
actually got...
Mr. Plummer:
OK, all I'm saying to you is I told you...
t
Mayor Suarez:
I made three suggestions, I think.
Mr. Plummer:
As I told you before, the minute I get all
ten members of the `1
committee, I will call a meeting.
Mayor Suarez:
You've asked to be on the committee.
Ms. Doreen LoCicero: Right, but I was informed that I was
asked and there was
two extras also
has... I don't know if...
— Mayor Suarez:
Yes, that's what I'm saying, because maybe we can - you want to
nominate her?
Mr. Plummer:
No, no, no, Victor's the one right now with three.
C Mayor Suarez:
You're up to three. I've got mine.
t
e Mr. De Yurre:
How many more do you need to reach ten?
x
Mr. Plummer:
No, no, we have, I think, it is eight.
z
Mr. De Yurre:
I'll give you two more.
x
Mayor Suarez:
y
Yes, I've done mine. I mean I'll give you a few more�if �r
, B Y
- want.
Mr. LoCicero:
I accept.
�f
Mr. Plummer:
Tell me, I'll call a meeting next week, as
soon es we have the
ten. It is nine plus myself, it what it would basically
boil>:down-to -
just forward
it to my office.
211
Jsaua'z
mar'
Mayor Suarez: OK, Commissioner Kennedy, please give them yours, so we can get
them. Yes, go ahead, do it quick)
Mr. Plummer: Both of them. OK, I just wanted to bring it to your attention.
7S. BANYAN FESTIVAL: Authorize closure of designated streets, establish
pedestrian mall, two-day beer and wine permit, establish area prohibited
to retail peddlers, etc.
Mayor Suarez: Banyan Festival.
Ms. Doreen LoCicero: Basically I just would like permission from the
Commission for the festival. It's the 13th annual. We have already gone
through the merchant's sector. Everybody approves of this festival.
Mayor Suarez: Street closure, is that what you need?
Ms. LoCicero: We need street closure, it In the same involvement as before
that it has always been which Commodore Plaza, Main Highway, and Fuller Street
and it is a two-day event in the downtown area.
Mayor Suarez: Well else do you need that should be controversial, nothing?
Are you ready to move the item? - the same as every other year?
Mr. Frank Castaneda: And bee and wine.
Ms. LoCicero: It's scheduled for October 21st and 22nd.
Mayor Suarez: Permission to sell beer and wine.
Mr. Plummer: But wait a minute. Are you saying closing the streets, of which
streets?
I
Ms. LoCicero: Main Highway beyond the Playhouse. The Playhouse is not
closed. It is Main Highway from Commodore Plaza to the corner of McFarland
and Fuller Street and Commodore, and we've already gotten permission for that.
Mr. Plummer: Is this an all day festival?
Ms. LoCicero: Yes, it's ten until seven.
Mr. Plummer: So in other words, the traffic coming Main Highway would come as
far as...
Ms. LoCicero: We have police. We station police on Charles
and Franklin and
all those who have passes for the Playhouse are allowed
entry into the
festival area to park at the Playhouse.
Mr. Plummer: But in other words, the won't be able to
continue up to
McFarland?
Ms. LoCicero: We have detour signs for Grand Avenue, because there's ample
w
parking at the Coconut Grove Elementary and at Mayfair for this festival.
Mr. Plummer: I'm worried about the traffic coming from the south, north.
Where will that have to stop on Main Highway?
Ms. LoCicero: Unless you have a ticket for the Playhouse,
r
we reroute it up
Franklin to Grand.
Unidentified Speaker: And Charles Avenue.
Ms. LoCicero: But it is mostly Franklin.
lie. Esther Mae Armbrister: You come down Charles Avenue,
sad you 'go out pry°
_-
Franklin Drive.
:
.1 . t g
v
`sus .
No. LoCicero: but all the maps that we send out to everybody has the reroute
going up Franklin.
Lt. Longueira: I don't know if you remember, but the Mayor questioned us
doing that on the Friday and Saturday nights and didn't want us to detour
people through those areas, if you'll remember.
Mr. Plummer: That's exactly my concern and it's still my concern. We are
experiencing about 12 purse snatchs a day in the evening.
Ms. LoCicero: Well, we have police protection in the area.
Mr. Plummer: No, no, you can't put that many policemen there. They got a new
trick now. Now they work in tandem. One guy runs out like he is running in
front of your car. You screech on your brakes and the other guy throws a
brick through it. And if you are directing them down now to what, Margaret?
Ms. LoCicero: Franklin to Grand.
Lt. Longueira: Commissioner...
Ns. LoCicero: I mean, excuse me, to Douglas, and Commissioner Plummer, we've
had the festival for 12 years, we've never had a crime during the Banyan
Festival.
Mr. Plummer: No, not during the Banyan Festival, it is all the traffic that's
going down the far way.
Ms. LoCicero: But no crime has been reported, any repercussions of the other
-
festival in any area of the Grove, other than, you know, traffic incidents.
Lt. Longueira: Commissioner, if the the concern is the detour of the traffic
—
through the area and the crime, might I suggest that they be required to
provide security on that detour route once...
Ms. LoCicero: We do have security. We have increased...
-
Lt. Longueira: No, on the route, not at the event.
Ms. LoCicero: No, we have it on the route. We have it on Franklin and
Douglas and Grand.
_
Mr. Plummer: But now when you say security, are we talking about policemen?
Ms. LoCicero: Police, hired police.
—
Lt. Longueira: Policemen.
Ms. LoCicero: Festival police who work 6:00 a.m. until 10:00 p.m.
Mr. Plummer: All right then, what you are saying to me In that using this new
route on both Franklin and in Charles, that at least at every intersection.
there is going to be a policeman.
t
Ms. LoCicero: There are policemen at the intersections, yes.
Mr. Plummer: Of every intersection between Main and Douglas. That's the
route.
Ms. LoCicero: There's one on Franklin and Main, there is one on Franklin and
Douglas and there is one on Grand and Douglas.
_
Mr. Plummer: No, no, that is not what he is talking aboutf No, no, we are.
talking about on Franklin to Margaret, from Margaret to Percival, Blizaboth.
ij'
You're talking about five...
Ms. LoCicero: Well, why reroute everyone into a strange configuration whin.
the basic is a straight line? They go up Franklin to Douglas to Grand. I
_
mean, why suggest going into a maze? They are going to get lost.`
Lt. Longueira: Right, but what he is saying is, every crossed int4�rspa 494
4.
should have a security officer on that route, not just 'at the turns, every
cross street, so like at Plaza...
l
7
219 Janusry, i9X
t
Mr. Plummer: You got Margaret, you got Elisabeth, you got Percival, you got
Plata, and then Grand, to that's five, that's what I said, on both Franklie
and on Charles.
Me. Armbrister: You got Charles and Franklin.
Mr. Plummer: You got Franklin and Charles, both, that's what I said, five on
each.
Lt. Longueiras So that would be like an additional ten officers for that
besides what they are doing for the event.
Mr. Plummer: I personally think that it is a safety measure that's got to be
taken. That's my opinion.
Me. LoCicero: Well, we've already increased it by four, so I don't see it as
an additional ten, I see it as an additional six.
Ms. Armbrister: You don't live there.
Ms. LoCicero: I live on Kumquat, I do live there.
Ms. Armbrister: I live on Charles.
Mr. Plummer: Well, I am telling you on Friday and Saturday nights by
diversion of that traffic, when it occurs, we have been...
Ms. LoCicero: But we use signage, we hire detour signs from Public Works, I
mean, the festival area is well known to everyone coming into the area.
Mr. Plummer: Hey, I am just concerned when you reroute through a known,
problem situation.
Ms. Armbrister: May I say on Charles Avenue and on Franklin Avenue, you got a
straight run, no stop signs and those fools, I mean, the people, keep driving
and coming down, going, and going south on Hibiscus Street and Patton Street.
Now, once before they had policeman there one Sunday. I said to him what has
happened. He said, nothing. I said you got to be kidding, why are you out
here? So he told me he had been hired by somebody to sit. He was not
standing, he was sitting in a car at St. James Baptist Church at the corner of
Hibiscus and Charles, he was just sitting, because he afraid if you see him
walking, something might happen to him. So what good was he? No good!
Mr.
Plummer: Well, that's also one of the problems that a lot of people will
park
on Franklin and walk to the festival and lot
of people will park on
Charles and walk to the festival. Hey, I'm willing
to leave it up to the
Police
Department. Whatever they require to assure me
that...:
Ms.
LoCicero: Right, we have met, we meet with the Police Department.
=_ Mr.
Plummer: ... it is a safe situation. Nov, I have
no problem, but we know
the
problem exists.
Lt.
Longueiras All right, we are going to have
to meet with them and
renegotiate the security portion on the detour route.
Mr.
Plummer: Fine.
fi
a
Ms.
LoCicero: Can we have those days secure as...
-
Mr.
Plummer: I'll move it.
Ms.
LoCicero: Thank you.
F'
Mr.
Plummer: I'll move that the Banyan Festival have
the street closures and i
the
beer and wine sales...
Mr.
Dawkins: Second.
Mr.
Plummer: ...as long as they meet with the necessary requirement$ of safety
an outlined by the Police Department."
-
220
wary �,9 s F
�r .
3i
Mayor Suares: So moved and seconded. Any discussion? Call the roll.
Mr. Plummer: Let me ask, when is the festival, what's the dates?
Mr. Castaneda: October 21st through the 22nd.
Mr. Plummer= October?
Mr. Castaneda: Yes.
Mr. Plumber: OK, ten months in advance.
Mr. Castaneda: They wanted enough time to get ready.
Mr. Plummer: No, the beer and wine.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-66
A RESOLUTION CONCERNING THE BANYAN FESTIVAL TO BE
CONDUCTED BY THE COCONUT GROVE CHAMBER OF COMMERCE TO
BE HELD OCTOBER 21-22, 1969 PROVIDING FOR THE CLOSURE
OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC;
ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES; AUTHORIZING A TWO-DAY
PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID
EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED
BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO
RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; _
CONDITIONED UPON TRAFFIC SAFETY CONCERNS BEING
RESOLVED AND APPROVED BY THE POLICE DEPARTMENT;
FURTHER CONDITIONED UPON THE REQUIREMENT THAT THE CITY
WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND
UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
— Commissioner Rosario Kennedy
Commissioner Millar J. Dawkins;
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez '
NOES: None.
r
� - a _ 5 3. y•�
ABSENTs None.
_ w
----------------- ------------------------------------ —
j T3
NOTE FOR THE RECORD: Agenda item 67 was withdrawn. r'
----------------------------------------------- ►--..--ter
.Y.���J
WW
r •�fbS
s E
4 _
76. CARI$E MUSICALE II FUND-RAISING EVENT: Designate March 25, 1969 as one
of 30 days reserved for City use of Bayfront Park (Ord. 10348), pursuant
to request from Florida InterAmerican Scholarship Foundation.
Mayor Suarez: Item 69, Florida InterAmerican Scholarship Foundation.
Mr. Odlo: This is a matter of Bayfront Park Amphitheater.
Mr. Jeff Sharky: Good evening, my name is Jeff Sharky, I'm with the Office of
International Education, Tallahassee. I am here representing the Florida
InterAmerican Scholarship Foundation and this year we are planning to hold a
Caribe Musicale. This is a second year. We held one last year at the Marine
Stadium with Jimmy Buffet and the steel drum band, the Desperadoes. The
InterAmerican Scholarship Foundation raises money to provide scholarships for
students from throughout the Caribbean -Latin American regions to study in
Florida, return home to invest in their particular country. So we have a new
festival coming up this year March 25th over the Easter Holiday, and we are
requesting from the City, waiver of the fee rental at the Bayfront Park and
Amphitheater for the event. We are a non-profit organization, educationally
based and we've asked Senator Bob Graham to be one of our cochairs,
Commissioner Betty Caster. We have Jimmy Buffet again, who will cochair We
extend an invitation to Commissioner Kennedy to assist us as well, with that
event.
Mayor Suarez: That was your big mistake. That was the big mistake right
there.
Mr. Sharky: But she has to sing, I understand, so...
Mr. Plummer: What are you asking us for?
Mr. Sharky: So we are asking for the waiver of the rental fee for the park.
Mr. Plummer: Well, that's in one of the 30 days.
Mr. Sharky: Asking for one of the 30 days.
Mayor Suarez: I'll entertain a motion.
Mrs. Kennedy: I'll make a motion.
Mayor Suarez: Moved.
Mr. Plummer: I thought this was going to be sent to Trust and not to us.
Mayor Suarez: I'm hoping that that's the way it will work.
Mr. Sharky: We have, we've gone to the Trust and the Trust says...
Mayor Suarez: I am ready to delegate that anytime the Commissioners want to
move to let them make the decision. As long
as you don't
let those people
drive into the south end of the park. Don't
blame anybody
else. You stand
out there.
_
Mr. Ira Katz: Yes, sir.
t
Mr. Plummer: And when are you putting up the
signs that those over area is
reserved for parking for the Commission?
Mr. Katz: Commissioner Plummer, those signs
are on order
and we should be
receiving them. We just got approval through
Purchasing to
get those signs.
I hope to have them in very
i
Mr. Plummer: There are five spaces, right?
-�
Mr. Katz: Yes sir.
Mr. Plummer: Thank you.
1
222
JanuarY,12, #?69
TfT
Mars. kefta6dys This Commission is the only authorized body to waivs the rental
fee.
Mr. Plummer: I'll move 68. I'll second 68.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner KENNMbY, who
moved its adoptions
RESOLUTION NO. 89-67
A RESOLUTION CONCERNING A FUND-RAISING EVENT, "CARIBE
MUSICALE II", TO BE CONDUCTED BY THE FLORIDA
INTERAMERICAN SCHOLARSHIP FOUNDATION AT BAYFRONT PARK,
HEREBY DESIGNATING MARCH 25, 1989 AS ONE OF THE THIRTY
(30) DAYS RESERVED FOR USE BY THE CITY PURSUANT TO
ORDINANCE NO. 10348, WITHOUT THE USER PAYING THE FEES
FOR BAYFRONT PARK; CONDITIONED UPON ORGANIZERS PAYING
FOR THE NECESSARY COSTS OF CITY SERVICES ASSOCIATED
WITH SAID EVENT AND THE REQUIREMENT THAT THE CITY WILL
BE INSURED AGAINST ANY POTENTIAL LIABILITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre _
Mayor Xavier L. Suarez
NOES: None. i
1
ABSENT: None.
------ ------ ------ --- ------ --
77. REQUEST FURTHER INFORMATION FROM ADMINISTRATION CONNECTION WITH CHOPIN
PLAZA.
------ -
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes.
Mr. De Yurre: Mr. Wally Lee, you were supposed to 'give us a report today on
all the things that were going to be completed at the park by the 15th of
January.
Mr. Wally Lees I was not aware of that,'Commissioner, but I'll be more...
Mr. De Yurre: Oh, yes you are, you were here at the last meeting when I asked
you for it. There are a number of things that were scheduled to be completed
by the 15th and on the 12th you were to come here, today, and tell us that.
everything was on schedule to be completed on the 15th as programed.
r !
Mr. Lee: OK, I'll go through the various items, Commissioner.
yi
Mr. De Yurre: OK.
Mr. Lee: The Chopin Plaza area on the south and of the£-
park, Miami Ceater
Group completed all the grassing and so on and they're supposed to maintain it F5
through January 31st. The Challenger Monument, which is being done by a
private group, headed by Ralph Renick, they will have or their plans are to
have the monument erected prior to the Orange Bowl - the Super.Bowl Weekend,
We're going to have to work something out in the area you know, level it pi'
and possibly fix it up so it'11 look presentable.
223 January 12 1481��Js
Mr. be Turret OK, I guess, you know, to that you can do it calmly, by neat
Tuesday have me a written report as the things that were as per the last time
that you spoke to us, right there at the podium, the things that Mora supposed
to be completed by January 15th.
Mr. Lees Yes, sir, it will be on your desk Tuesday morning.
Mr. De Murree OK and that should tell me that everything was completed on
time and, if not, I want an explanation why.
Mr. Lee: Yes, sir.
Mr. De Turret Thank you.
Mr. Les: You're welcome.
Mayor Suarez: Thank you, Wally.
78.GRANT FUNDING REQUEST OF $30,000 IN SUPPORT OF "KEEP DADE BEAUTIFUL".
Mayor Suarez: Item 69, Keep Dade Beautiful.
Ms. Ana Maria Monteflores: Good evening, Commissioners. My name In Ana Maria
Monteflores. I am the executive director of Keep Dade Beautiful and I am here
to request your annual contribution to our organization. I am sure I don't
have to tell you...
-
Mayor Suarez: That's a support letter, is that...
Ms. Monteflores: You don't have to... I don't have to...
1
Mayor Suarez: Just draft it for me and I'll sign a support letter.
i
Ms. Monteflores: No, we need more than that. We are asking for the same
contribution that you gave us last year which was $30,000. I was beginning to
say I don't have to tell each one of you what our organization does because I
get calls from each one of your offices daily, requesting help with the City
j
of Miami. Last year Commissioner Plummer was very impressed by the fact that
In one day, we save in one day that we had amnesty day with the County, we
save the City of Miami more than the contribution you give us the entire year
_
in the tipping fees that are waived by the County for the...
=
=
Mr. Plummer: Is that the same case again this year?
Ms. Monteflores: Yes, absolutely, even more to.
Mr. Plummer: And how much are you asking in dollars this year?
INS
Ms. Monteflores: We are asking for $30,000, same thing that...
Mr. Plummer: Well, it's a bargain. We save more than $30,000 of the ;,geas
that are waived. I would move it.
—
Mrs. Kennedy: I will second it. It is the only organization that can pull
together all the directors of the Solid Waste Department. They do a wonderful,
job.
Ms. Monteflores: I have to boast about something. The. last time
:
here...
�W.
Mr. Plummer: You'd better quit while you're ahead.
` ;I
1
Mayor Suarez: That's very dangerous! Very, very dangerous!
ha. Montefloress I know, but I wanted to point at Mr. Stan Kant, the direttor
of operation from DOT is here and he Was the person who moved and did
everything for the landscaping of the 1-395 exit and we've done that and I
promised you I was going to do it before the Super Bowl and it is being done
before the Super Bowl. You have your $100,000 that The Miami Herald gave you.
It's still there, didn't cost the City anything and DOT did it and it is going
to be done in about four weeks.
Mayor Suarezt What In the plan to maintain that, those...
Ms. Monteflores: Miami Off -Street Parking is going to maintain the same offer
that they had made for the City, so we are very proud of that investment,
that's my whole little boast.
Mayor Suarez: There he is, he's happy over there. They do that well, don't
they?
Mr. Plummer: Hahl
Ms. Monteflores: So that's my request.
Mayor Suarez: Call the roll, quicklyl
The following motion was introduced by Commissioner Plummer, who moved
Its adoptions
MOTION NO. 89-68
A MOTION GRANTING FUNDING REQUEST RECEIVED FROM
REPRESENTATIVES OF KEEP DADE BEAUTIFUL IN THE AMOUNT
OF $30,000 IN SUPPORT OF THEIR PROGRAM.
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.
_4
_ {
79. CUBAN AMERICAN CHAMBER OF COMMERCE AND CLUB
TURISMO INTERNACIONAL:
—
Discussion regarding request for use of Bayfront
Park - inkind services,
street closures, etc., in connection with Carnival Latino Americano Open
—
House Caller Flagler 1989.
oon
'
Mayor Suarez: Item 72, Cuban -American Chamber of
Commerce and the Club f;
Turismo Internacional to request the use of. Bayfront
,e
Park, street closures,
etc. Has this gone through the Trust for...
Mr. Odio: Yes, he has and we have a budget of $14,800,
which.includes reat'of s
$500, ticket surcharge plus the beer permit, $300."F
Mayor Suarez: I just meant as to the Bayfront Park.
Oh, they. are apt using QS
the Amphitheater? They want the whole park?
Mr. Odio: They want the whole park.
�
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Mayor Suarez: Have
Y you recommended that, or has
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your..boar �eoommeEl#�¢dt
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anything on this?
Mr a Odia: The Bayfront Park Trust recomeeaded - no to this
.event.
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Mayor Suarez: Do you want to make a statement, air? Do you want to make a
presentation?
Mr. Don Isidro Galan: Yes, Mr. Xavier, Mr. Plummer, Ms. Kennedy, Mr. De Yurre
and Mr. Odic, the administration for the City. I represent for the Cuban -
American Chamber of Commerce. For 20 years I make the first position Dinner
Key Auditorium the only place in Miami. Now, I pray for the second Carnaval
the Latin American and the Bayfront Park. Six months ago I take the Bayfront
Park for the other event too, Mr. Katz, the manager, director for the Bayfront
Park, good man, good administration. I had me, I bring for the good price the
location. Ms. Kennedy, other lady in front take the location. The event is
very, very good. Friday, too much rain Saturday, more rain, and Sunday I put
the big spectacle for 6,000 people. Now I talked to Mr. Kay, told me the new
regulation, the price is the same as the other year. Mr. Kay brings me the
price for everything. The project for all the City, Fourteen any hold the
door. Another time I paid $800. Now, he arranged different location, it is
too much rent. My Cuban -American Chamber of Commerce, the organization does
not have too much money. In 20 years in Miami, never I needs on the City Hall
for help. But now, it is necessary for the City to help the Chamber of
Commerce. If possible, I wait for the Chamber of Commerce to help you, my
organization. I'm sorry for my English, but I Latin-American.
If you permit, I speak for the Spanish too much more.
Mayor Suarez: Thank you for your presentation.
Mr. Galan: Thank you for your attention.
Mayor Suarez: All right sir. We have to go by... I think we have to go by
the recommendation of our Bayfront Park Management Trust and not support the
festival the year, maybe another year.
Ms. Galan: This is the Florida and Biscayne Boulevard.
Mayor Suarez: Let me say something to you In Spanish. Do you speak Spanish?
Mr. Galan: Yes, poquito. I am sorry, Mr. Plummer.
Mayor Suarez: Please, let me say something to you in Spanish. (COMMENTS IN
SPANISH - to explain the City has no funds left for festivals).
Mr. Galan: (COMMENTS IN SPANISH to say he understands).
Mayor Suarez: And other cities may need more festivals. We've got so many
festivals that one more is not exactly what we need. But, thank you anyhow.
Mr. Galan: Thank you very much.
Mayor Suarez: Que Dios to bendigal
SO. REQUEST FLORIDA POWER AND LIGHT TO BURY UNDERGROUND EXISTING OVERHEAD
i-
LINES AND CABLES IN THE MORNINGSIDE HISTORIC DISTRICT.
------------------------------M-.���_-..-_
-�N-
Mayor Suarez: Item 73, Morningside Civic Association.
i
-
Mr. Elvis Cruz: Mr. Mayor, Commissioners, my name is Elvis Cruz, my address
'
is 631 NE 57 Street and I'm here on behalf of the Morningside Civic
Association. The reason we are here tonight is because we've had very little
`
success dealing with Public Works regarding the upcoming Morningside Highway
Improvement Project. There is a letter that you've
Y just been given, but
{'
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rather than have you read the letter, we also have some photographs that will
_.
make it a lot easier for you to go along with. We have nine specific requests
that we are making of the Commission tonight, that have either been ignored or
refused by Public Works during various meetings with them. The first one on
upper left is maintain a historical) accurate curb design. Now
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Morningside, as you know, is Miami's first historic district and We've worked
'
long and hard to make it that and what we are asking there is that they simply
provide a curb that looks like what's presently there, but underground would
have a concrete reinforcement similar to contemporary curbing, would look
,x
226 January 12, 19$9
historical above ground and would have the payment go ail the way against the
vertical curb face. The picture on the upper left is taken of an existing
City street. That sort of practice happens all over the City, it's very
common. What we do not want is in the second photograph. That's what they do
nowadays. You see the concrete, it extends out from the curbing and then the
asphalt begins. Also, we do not want that modern "F-3" free style drain that
has a large opening for children and pets to crawl into. We do want the third
photograph, the drain grade, which is called a type "D." We've had those in
Morningside for six years and they work fine and they will also go along with
the historic look. Moving down to item number three...
Mayor Suarez: OK, Elvis, real quick...
Mr. Cruz: Yes, sir.
Mayor Suarez: I am informed the department is ready to agree on quite a few
of these. Jim. do you want to give a quick rundown of what you'll do?
Mr. Jim Kay: Yes, sir. in the interest of time, I think we'd would like to
make a statement here. We have...
Mayor Suarez: As some of these obviously having to do with fountains and all
of that, I don't know what... the funding, I presume, is an issue. I don't
think that your ability to do so In an issue, but the funding would be an
Issue and I don't think we can resolve that today, but some of the other ones,
maybe you can.
Mr. Kay: The first seven issues along here, we are prepared to make
compromises on six of those. That is all of those except the one issue where
we believe that the right-of-way line should still be, the new sidewalk lines
should be put back at the existing right-of-way line. We are willing to go
one by one on number one.
Mr. Cruz: We have a new letter. Mr. Kay, this is one dated today, not the
September 29 letter.
Mr. Kay: OK. All right, on...
Mayor Suarez: By the way, before you get to number six, make wheelchair ramps
four feet wide, instead of sixteen feet wide, the picture that goes with that -_
request does not match what you are requesting, if you mean to say... unless i
you mean to say that that one is sidewalk...
Mr. Cruz: That's what we don't want. _
Mayor Suarez: But that one, as far as I can tell is sidewalk width, just
about, maybe a couple of feet longer, Elvis.
Mr. Cruz: Well, if I...
Mayor Suarez: It doesn't look like four times the width of the sidewalk, the
part that is actually at street level, by the time you get out there. I mean, Y
■ that is maybe nitpicking a little bit on your part.
Mr. Cruz: Yes. I am sure Mr. Kay will discuss that. There appears to be some F
leeway in the Federal guidelines as to how wide you can have a... Yes, Mr.
Mayor, the thrust of our request there is that we minimize concrete and
maximize grass and there are Federal guidelines for wheelchair ramps and of
course, we want to conform with those, but there appears to be a bit of leeway
as to how they are designed and that's what we after there.
Mr. Kay: We have no problem with that.
Mayor Suarez: You had no problem with that, and most of your first seven, you
said, right? k
i
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Mr. Kay: Well, item number one, I am looking at his letter now dated January
i 12th today, which looks like the same stuff that we were looking at betotg, ;}r
Item number one, we are willing to go with what we call our standard curb
section, OK? - which will give the same appearance that you have nowt
virtually. Item number two, the catch basins. We are willing to...
i
227 January 12,
s
Mr. Cruz: if I may interrupt you, Mr. Kay. Will the asphalt go all the Mal► up
against the vertical curb face?
Mr. Kays The asphalt will go up against the face of the curb.
Mr. Cruz: Thank you, sir.
Mr. Kay: Item number two, the catch basin, we are willing to go ahead and
install at what we call intercepting points. Type D basins, at low points we
still want to see a vertical face. This is one of the compromises. However,
there are other... there is a whole line of vertical face catch basins and we
would like to afford the opportunity to look at some of our catalogues that we
have so that we can get one that looks like maybe one like in front of Vizcaya
or something like that, because those are pretty old places.
Mr. Cruzs I understand, yes, air.
Mr. Kay: Item number three, maintain present contours on the medians. We
plan to help you on that.
Mr. Cruz: But you've agreed to that in the past and I thank you for that.
Mr. Kay: Item number four in your letter here, which is leave intact the...
Mr. Cruz: The front yard of the...
Mr. Kay: ... front yard. This is the one where we have a problem with. The
existing curb line of the street runs far out into the... towards the center
of the roadway.- The existing sidewalk is not on the property line, not on the
property line. In all situations we try to put the sidewalk line back to the
property line. We correct this on new building plans whenever they come in
and the reason for this is what we end up with is basically private property
activities that encroach into the public right-of-way and we end up with, what
we can end up with a possible liability and we would like to maintain that
particular line.
Mr. Cruz: May I give the Commission some background information on this
particular item number four? Mr. Mayor and Commissioners, this property in
question, you can see photographs of it, it is the one with the two yield
signs. This house is built in 1949.
Mayor Suarez: What number?
Mr. Cruz: This is number four on your pictures there. It was built in 1949
and the roadway existed as it is now today since that time, probably before
_ then, because the house was built after the road was put in. Now, if the
Public Works Department goes through with its plan, this house would lose
about half of its front yard. They want to widen the street there, that being
NE Sth Avenue. They want to widen it to conform with NE 5th Avenue
Immediately above and below that. However, I've measured —air.
Mayor Suarez: Time out.
■ Mr. Cruz: Yes.
Mayor Suarez: Besides the Public Works Department, who else wants to widen
the street, if anybody? R
Mr. Cruz: Nobody in Morningside, sir.
_ Mayor Suarez: All right, do we have any immediate plans to widen the street?
Mr. Kay: Well, that's what we are trying to correct with this project.
Mrs. Kennedy: How much are we talking about, how much widening?
;rr
Mayor Suarez: Who is trying to correct it? 1
Mr. Kay: Public Works is trying to straighten out the street. In other
words...
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Mayor Suarez: Why do you want to straighten out. the street?w:
A., W
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228 JAnuary
.W
t
Mr. Kay: We want to put the sidewalk line at the property line, is what we
would like to do, because...
Mayor Suarez: Am I missing something? Why do we want to do that? What's
wrong...
Mr. Cruz: We don't want them to widen the street.
Mayor Suarez: Why not just leave it the way it is? We've got many
neighborhoods in the City of Miami, Jim, that want improvements made and don't
look like this. Why don't we concentrate on those?
Mr. Kayt I think there is only one location in the whole area we were just
trying to straighten out.
Mayor Suarez: Well, leave that location out, please.
Mr. Kays If you are interested, we'll reconsider that.
Mayor Suarez: We just had been elected in 1985, Commissioner Kennedy and
myself, and we had the famous incident of the people in the Roads area of
Miami who didn't want their streets improved and we had to stop Public Works
from doing something nobody wanted, saving a lot of money and nobody had
thought of asking them, nobody wanted it. We took a survey, not one person
was unanimously against... I don't... just leave the street the way it isl It
looks fine to me. Is that all you want?
Mr. Cruz: Thank you, Mr. Mayor. For that item, that's it, thank you. The
property owners removed her fence to increase visibility across that
intersection which was one of the concerns of the Public Works Department.
Item number five, the yard there, which is on the corner of 60th Street and
6th Court, Mr. Harms, who owns that property, he is here in the audience, as
z are several other Morningsiders who came along and offered support. He does
not want sidewalks installed in his front yard. You can see the sidewalk
ending at the left side of the photograph. Public Works would like to extend
that sidewalk all the way around the corner through his yard to connect up
with Biscayne Boulevard.
Mr. Kay: We agree on that one. We're probably talking about 100 feet of
sidewalk. We'd want to eliminate that from the project That is not a big
deal.
Mr. Cruz: Item number six...
Mayor Suarez: What are those logs doing there?
Mr. Cruz: That's why he doesn't want the sidewalks. Biscayne Boulevard is $0
feet away and we all know what that means. Item six we already spoke about
the wheelchairs, the wheelchair ramps. The most grass and the least concrete
WO can get away with, we would appreciate. Item number seven In fountains.
Here we leave the realm of things that Public Works has planned and we move
into the realm of things that Morningside would like done as part of the.
project. As your letter states, Morningside would like to construct eight
small decorative fountains, Coral Gables sort of fountains.
Mayor Suaraz: You got to start collecting money from their members.
Mr. Cruz: Yes, we are planning on paying for the construction and maintenance
of the fountains. We have several artists in the neighborhood who are very
enthusiastic about being part of the...
Mayor Suarez: All you need on that is that we instruct the Department to work
with you on that proposal for final approval if and when you show that you
have the ability to finance and maintain them. I mean, I don't think we have �{
any philosophical objections do we?
Mr. Kay: We have a little bit of a problem with these circles. You know
3
t
before there used to be some circles in one of those other intersections .u,D r
there was taken out. Cars would continually run over the circle 'and"`xi°el'
Just beat it down so much that we ended up taking the thing out.
1 xr
229
Mayor Suaret: What year are you referring to?
Mr. Kays What year?
Mayor Suarez: What years, yes. What range of time, I mean...
Mr. Kaye I can't tell you. This is...
Mayor Suarez: I mean there were times when Morningside, it seems like it was
just going to disappear from the face of the earth, you know, and that trend
has been reversed, so hopefully...
Mr. Plummer: But if you've got a fountain here, it In going to be difficult
to run over.
Mr. Kay: Well, that's true.
Mr. Rodrigues: You can run against it.
Mr. Cruz: Mr. Kay, the circle you're referring to was in the intersection of
59th Street and 6th Avenue. Now, 6th Avenue is a narrow street, it doesn't
have a median. Therefore, there was not a lot of room for a circle or a
fountain at that location. I have map here, an aerial photograph of the
neighborhood, which the Commissioners can pass amongst themselves. It does
have the fountain locations on them.
Mayor Suarez: Well, we are not approving any specific fountains and frankly,
It is going to take a little bit of money and assurances that you would
maintain them, Elvis, before we act finally on it, but I think on general
principal, we go along with it.
Mr. Cruz: Well, all we are asking for at this point, Mr. Mayor, is that as
part of this street project, as long as the streets are going to be torn up,
that we be given small circular medians as in the photograph, with water and _
electrical hookups in place underground. The worst that can happen is, we get
nice little circular medians that we can put a tree into.
Mayor Suarez: With water and electrical hookups so we can have occasional get —
togethers, you know and... —
Mr. Cruzs So that in the future we can party in the street. So that we can
have those available for the fountains when they come to fruition.
Mrs. Kennedy: How about the street lights? Are you willing to pay for them
_
too? i!
=
Mr. Cruz: The street lights unfortunately we're not in a position to pay for. ?
=
We're hoping that the Commission might be so generous as to go along with us t
on that. ,-
I
Mayor Suarez: And the underground cables is a problem too. We've had that
before. We tried to convince F...
Mr. Kay: We haven't decided on what kind of a street light they're interested
In or want, so I... we can't really give you a price on that now.
s
Mayor Suarez: Is it in our plans to fund some of the street lighting? :}
Mrs. Kennedy: I think we can fund the street lighting up to a point, up to a
certain point. zk
Mayor Suarez: But I mean, is that part of our normal plans for the area?
Mr. Kay: We instruct FP&L to, yes.'
Mayor Suarez: Well, are you going to work with them, and if they come up Frith
a design that's agreeable to them to try to see if that could be the one thst
—
you would install?
which
Mr. Kays Yes, I think, one of the ones, an acorn topped light, I think;230
i -
_
Mr. Plummer: Don't worry about it, Elvis, let me tell you why. Half the date!:
street lights in this City today are in engrossed in trees and you can't see
them anyhow, so the ugly ones you'll never see.
Mr. Cruz: The street lights we're referring to, that we'd like to get are the
same ones that you and I grew up with, J.L. Remember the ones that had a
little ice cream cone on top?
Mr. Plummer: Oh, yes.
Mr. Cruz: If I may digress just very briefly about the fountains, one last
sentence on that. We are very enthusiastic about putting in the fountains.
We're hoping to have them in place in time for the 1992 convention here in
Miami of the National Trust for Historic Preservation, which In scheduled to
commemorate the quinquennial year, Christopher Columbus' voyage to America. I
don't think we ire going to fall behind on getting them built on time for that
and we'll hoping you'll give us the green light on this.
Mayor Suarez: Lot of other things that we are trying to do for 1992,
Including one next week, we'll be making an effort on, so that will be a great
moment.
Mr. Cruz: But about the street lights, what was the final on that? Are we
still discussing that?
Mr. Plummer: He's waiting to hear what kind you want and then he'll make a
decision as to what they can afford.
Mr. Cruz: Well, the kind we want is like I said, the kind that we used to
have, before they were taken out many years ago.
Mayor Suarez: Does that describe it sufficiently/
Mrs. Kennedy: I don't know which ones you're talking about.
Mr. Cruz: I have a photograph of it, if you'd like to see one.
Mayor Suarez: Would you provide Jim with one? I don't need to see one
myself. I'll be happy if you have any kind of street lights that you want,
actually, if we can afford them.
Mr. Kay: The association is proposing fountains at four intersections.
Mr. Plummer: They said eight.
Mr. Kay: Eight? The last I heard was four.
Mayor Suarez: One, two, three, four, five...
Mr. Plummer: MCA has to construct decorative fountains at eight intersections
_ in the neighborhood.
s
Mayor Suarez: Eight is what is shown here. Yes.
Mr. Plummer: No, it's on the photo.
Mr. Kay: All right, that's fine.
-f
Mayor Suarez: But I mean, if you want to see the aerials. j
i Mr. Rodriguez: But we believe that we...
r
—! Mr. Cruz: Kathy's going to...
i �.
Mr. Rodriguez: ... are going to have enough room in all those intersections Y
to put a fountain there.
_ yµ'
Mr. Cruz: Well, the fountains were selected, Mr. Rodriguez... excuse me, that >
locations were selected, where locations that have streets with either medians
Intersecting in them, which would project a possible fountain location, or
a 55th Terrace which is an extremely wide street, which was originally designed
e e to be a causeway across to Miami Beach, it is a very wide street. xt
shouldn't be any problem as far as enough room. ,
231
y �
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Mr. Kaye Getting back to those, street lights, FP&L has certain street lights
that they provide, you know, at no additional cost but if the kind of light
that the association picks out a light that they don't normally install, we
could have a problem, I just want to point that out right now.
Mr. Cruse I have a very poor drawing of the street light next to item number
eight on your sheet there.
Mr. Rodriguez: I understand that we are talking about $1,500 to $2,000 per
pole.
Mr. Plummer: What?
Mr. Rodriguez: The amount of money that we're talking about, the difference,
will be $1.500 to $2,000 per pole. We want to make you aware that we are
talking about some money on this and that at some point, that and the cost of
the underground utilities might be running a fairly large bill. I want to
make you aware of that if you are making a decision tonight, which I don't
think you are.
Mrs. Kennedy: No, not tonight.
Mr. Cruz: I have a photograph for the street lights. Regarding the cost of
having power lines either set into the back yards or put underground, my
discussions with Commissioner Dawkins led me to believe that he was in favor
of having FP&L pay for that.
Mr. Plummer: Ha, ha, yes, we all aret
Mayor Suarez: We've been through this before with... what area was it, wasn't
it Morningside?
Mr. Kay: Just about every project in the City, well we have... we go out and
we try to clean up all the overhead wires on every highway improvement that we
have in the City.
Mayor Suarez: Jim, how, every certain period of time presumably, you have to
do some replacing, don't they?
Mr. Kay: Every so often they'll end up replacing them at their own...
Mayor Suarez: And at that time, don't they consider underground?
Mr. Kay: They consider it, but there is always the expense and it's very
expensive, but now is the time to get as much in as possible.
Mr. Cruz: One of the solutions to putting the power lines underground is also
putting them in the back yards, which is the case through most of Morningside.
'
In our discussions with the Public Works Department, they said, well it's
expensive to move power lines and that's one of the problems we've had with-
=
Public Works is that they don't listen to us very much. For example, the
picture in the lower right hand corner...
E
Mayor Suarez: I wanted to say something on that. I entertain a motion to=
have the City Commission resolution asking Florida Power and Light if they.
-�'
wouldn't consider doing underground lines in this area, and try, to put a
little pressure on them.
Mr. Plummer: We can ask them.
Mayor Suarez: Yes, so moved. You want to second?�
Mrs. Kennedy: Second. �-
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Mayor Suarez: Call the roll.�'� u
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the following resolution was Introduced by Commissioner piwmoar, Vho
gloved its adoption:
RESOLUTION N0. e9-69 -
A RESOLUTION REQUESTING THE FLORIDA POWER & LIGHT
COMPANY TO BURY UNDERGROUND ITS EXISTING OVERHEAD
LINES AND CABLES LOCATED IN THE MORNINGSIDE HISTORIC
DISTRICT OF 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 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.
Mayor Suarez: Remind me to follow that up also with a couple phone calls, see
what we can do.
Mr. Plummer: Well, let me tell you something. If they don't do any more than
take that damn conglomeration and reduce it down into something that's... this
is crazyt
Mr. Cruz: Well, J.L., what's happened there...
Mr. Plummer: It looks like a booby trap.
Mr. Cruz: What's happened there, is that photograph typifies the problems
we've had dealing with this department. They went ahead and began
construction on this project, even though plans have not been finalized. We
didn't want them to widen 60th Street, which is why they're putting in that
second set of power lines and Public Works knew completely that we had this
meeting before this Commission here today and they went ahead and initiated
this action even though one of the potential outcomes would be to negate this _
project being done that way.
Mr. Rodriguez: Let me correct you that as soon as we realized that you had
these concerns, I called the Department of Public Works and they called FP&L
and immediately asked them to stop the work that they had if there was no cost
to them to do so, and not to start any other work in the area until we were
able to resolve this issue here today.
Mr. Plummer: They're sneaky that way.
Mr. Cruz: Well, what Mr. Rodriguez is saying is true. I received such
cooperation from him and I thank him for that, however Public ,Works is the
opposite. I got the run around from them for weeks before I was able,
through to Mr. Rodriguez.
C
Mr. Plummer: They are dirty guys.
Mr. Kay: Let me may that the poles that FP&L put in, they were... they could._
have gone in and put those in if this highway project does not even come
about, they could have gone in and put those poles in. I mean, this...
Mr. Cruz: That may be true, Mr. Kay, but putting those . poles, In . cause¢y.ths#t
oak tree to get hacksawed, the way you see in that photograph.
y.
Mr. Kay: I don't have those photographs here.
v W
Mr. Plummer: No, it's right here, but bottom right bead side, Wbat Is Pul+li�o
Works doing about going around and getting some of those trees truaaa*sh?
4
ry
233 January, l -0:.,
r
we've got lights that are totally useless of no value whatsoever. What :.:e we
doing? I mean, we are paying for the energy, we're paying for the lights and
you can't even see the damn thing because it's in the middle of a tree.
Mr. Don Cather: Mr. Plummer, we had two tree trimming crews. They are busy
continuously just trying to keep up with keeping stop signs and emergency
situations clear. If we ever get another couple of tree crews, we can start
going back and trimming trees around lights. We just...
Mr. Plummer: Well, may I suggest that if...
Mr. Cather: They're busy all the time and they've got a two year waiting list
on some of the items.
Mr. Plummer: May I suggest to you that turn the lights off, because we are
paying energy on each one of those lights and if you can't even seen the damn
things, why have them on and why pay the energy?
Mr. Cather: Well, I'll suggest it to FP&L, if any time the leaves are up to a
certain level, we'll cut off the power to them.
Mr. Plummer: Well, I've got one about two doors down from my house, I defy
you to find that light unless you walk up underneath of it, because it is in
the middle of a tree.
Mr. Cather: I agree with you, I agree with you 100 percent, but you've got to
spend some money to get those trees trimmed and when I started with this
department ten years ago, we had 195 people. Now we've got 140.
Mr. Plummer: But we're paying $8.00 a month for energy for each one of those
street lights and to me it's a total waste of money. OK, hey, I guess nobody
is concerned about it but me.
Mr. Dawkins: We all agree with you.
Mr. Plummer: I trim mine. All right, where else are we, Elvis?
Mr. Cruz: I believe that's it. Item nine was the last one, which was the
utility lines.
Mr. Plummer: Yes, well hopefully we can petition Florida Power and Light to
- listen.
Mr. Kay: We can't make any guarantees with FP&L. We'll do our best. s
Mr. Cruz: So item nine, is, you all will approach FP&L.
Mr. Plummer: We'll refer it to FP&L.
Mr. Cruz: Is there any other item that Public Works did not agree to today?
Mr. Rodriguez: Well, the issue that was not resolved completely was the issue
of the fountains. We are going to look into that and try to see what we can
work out. I think there was a difference in one of the items in which we had
the frontage of the street, of a house, the one on 5600, that I believe the
Mayor was instructing us that that is the position of the Commission that you
don't care too much if the streets align exactly. The concern from Public
Works was that we might have a situation of a possible danger, because the
streets do not align exactly and people might run over the area, but if you
don't have a concern...
Mayor Suarez: I don't know if you've noticed, that it happens all the time {
and every place, or many places in Coral Gables.
Mr. Rodriguez: Oh, I know.
Mayor Suarez: The City seems to function pretty well, you know. It's kind of
—
a nice City, if you can afford to live there. OK, am I reflecting the `
Commission's consensus on that, that the streets, staying exactly ali4aed'is
not our primary consideration, if they are happy with the May they are, that's'-
fine with us? OK? 7 x
234 Januaxy lI, �� ^j
�i
U
a
Hr. Plutermet: Fine with a* -
al. AMEND PRIOR MOTION WHICH LEASED CITY PROPERTY TO METRO -DADS FOR USE AS
SHELTER FOR NICARAGUANS: Substitute the word "homeless" for the word
"Nicaraguans".
.........��------------ ------------------
Mayor Suarez: I'm sorry, Commissioner Kennedy, you need to make a correction
on, what was it, a prior resolution that we did?
Mrs. Kennedy: it's a resolution that we adopted on... I'm sorry, a motion on
what date? It doesn't say here.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: Yes, in November, the "motion authorizing and directing the
City Manager to negotiate a proposed 30 day revocable permit for lease of City
owned property to Metropolitan Dade County for use as a shelter to
Nicaraguans, subject to the County's removal of all deed restrictions and
property, maintaining said facilities, further stipulating that if the County
fails to fulfill its duties under said negotiated agreement, then said
property shall revert back to the City." We need to change that where it says
Nicaraguans, substitute it for homeless, and so I move.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved Its adoption:
MOTION NO. 89-70
A MOTION AMENDING MOTION 88-1133 PASSED AND ADOPTED ON
NOVEMRSR 17, 1988 (WHICH HAD AUTHORIZED
THE
NEGw"IATION OF PERMIT FOR LEASE OF CITY -OWNED PROPERTY
TO METROPOLITAN DADE COUNTY FOR USE AS A SHELTER
FOR
NICARAGUANS) BY SUBSTITUTING THE WORD "HOMELESS"
FOR
THE WORD "NICARAGUANS."
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.
82.DISCUSSION CONCERNING METRO-DADE COUNTY'S RESPONSIBILITY TO
PROVIDE
HOUSING
FOR THE HOMELESS.
8
Mr. Dawkins: Mr. Mayor, while we
are on that,
Mr. City Attorney...
Mr. Farnandet: Yea, sir.
{ x
i
Mr. Dawkins: I read in the paper one, day last Week that some, ; oFRa��ale��
took the City of Washington, D.C.
to court for
thsm t4 prs�vide hpuiiag for„ tl}
homeless and the courts ruled that the City of
WashiAgtoh has tQ come 'up ef-th
X number of units of housing. It
is not the City of,M16mi's responsikilit7 tq
provide housing for the indigent.
How do we
go to count to insure. that. ifs
i°
-
235
c e
�4�T
r
quote, unquote, those seeking to house the homeless are not satisfied with the
efforts of Commissioner Kennedy and De Yurre, and decide to take us to court,
how do we get it over to a judge in the courts, that it's not our
responsibility, that it's the County's responsibility?
Mr. Plummer: Why don't we sue the County?
Mr. Dawkins: Thank you, Mr. City Attorneyl
Mr. Plummer: I'm asking a question.
Mr. Dawkins: It's all right!
Mr. Plummer: Sue the County?
Mr. Fernandez: Your question presupposes that someone would bring us to court
because we failed to provide them enough housing. Is that what your asking,
Commissioner Dawkins? No, we would defend, because there In no right, no one
has a right to claim that against the City and we would have a defense against
that. Now, whether you would then instruct us to pursue and bring in someone
also as a third party to that lawsuit, or whether you would instruct us to sue
the County, or the State, or the Federal government to meet their obligations
to these people, we would do so, but in terms of our defense, I can assure you
we have an absolute defense to any lawsuit that any one person or organization
may bring against us for the alleged failure of providing them housing.
Mr. Dawkins. But see, the average citizen does not know that it's not our
responsibility, the City of Miami's responsibility. The average citizen does
not know that it's Dade County's responsibility to provide these things. So
now, my concern In, how do I let the public know that what we are doing, is
out of... for humans, and that the people who are supposed to be doing it are
not doing it? Now, do I ask this Commission to order you to file a class
action suit against the County? I don't know what, I'm asking you what to...
Mrs. Kennedy: I would rather not go that way.
Mr. Dawkins: I would.
Mrs. Kennedy: I know you would, but I know...
Mr. Dawkins: Well, I would rather go that way see, because I'm getting calls
at my house daily, what are you doing, how are you going to do it, and I've
been sitting here, and I'm going to tell you, all of you right now, I'm mad as
helll
Mayor Suarez: If we thought the County had a legal responsibility, OK in this
area...
Mr. Dawkins: No, wait, Mr. Mayor, let me finish, you see...
Mayor Suarez: No, no, I'm...
Mr. Dawkins: OK, I know you are with me, but the Nicaraguans, the
Guatemalans, the Hondurans, and all are coming, and the Haitians, they turn
every damn one of them around, OK? - so now somewhere along the line somebody
got to understand that we got to have one policy. You accept every damn body,
or send every damn body back, see? So now don't sit up here and tell we that
-�i you don't want, I mean nobody don't want to go that far. That's just how far
. I'm ready to go.
Mayor Suarez; That's
Mr. Dawkins: So what the hell you
y going to do with the Haitians? Ain't �
nobody up here saying nothing about the Haitians.
Mr. Fernandez: I am willing to draft a resolution for you to send to George
Bush, expressing the sentiments...;
Mr. Dawkins: I don't want to deal with George Bush. I want to go to court
here in Dade County, where I pay my taxes, where I can get relief.
Mayor Suarez: Mr. City Attorney.
236 January 12
=r
Mr, 024kins! I did not *ote for George bush and 1 don't expect him to do
nothing for me.
Mrs. Kannedy: But I understand what the City Attorney is saying. --
Mr. Plummer: I voted for George Bush and I don't expect him to do anything
for me.
Mrs. Kennedy: Unless they change, President Bush changes his foreign policy,
we are going to have a problem, because if we are going to open the doors to
anybody who is a refugee, you know, we've got a problem on our hands= however
I would not like to go that route, I think that's...
Mayor Suarez: OK, but now, about the American homeless, Mr. City Attorney.
Mr. Fernandez: Teo, sir.
Mayor Suarez: And as stated correctly I think, by Commissioner Dawkins, it is
the County's responsibility, is it not?
Mr. Fernandez: I believe it is.
Mr. Plummer: Under Dade County...
Mr. Fernandez: That the social welfare of Dade citizens.
Mayor Suarez: Do we have legal grounds to file suit to enforce that
responsibility? - since we are having to deal with the problem and spend
monies and spend resources.
Mr. Fernandez: You would have to instruct me to befriend or represent the
homeless. The only way that we would have standing to go into court and claim
that we have a right to be in court is if we are aggrieved, or if we have been
hurt or damaged. -
Mayor Suarez: Reimbursement for the expenses we've had to incur!
8
S
Mr. Fernandez: That would be one avenue that we could approach.
Mr. Plummer: How about the citizens that pay 27 percent of their taxation,
that we're not getting our dollars worth out of? Isn't that a standing?
Mr. Fernandez: Yes, that we have to proceed under a theory that we have been
damaged by their inactivity, or by their failure...
Mr. Plummer: They have to act.
Mr. Fernandez: ... carry out their duty. We can also go in court, Mr.
Mayor...
Mayor Suarez: Could you look at those and report back to us, because it
sounds like maybe the majority of the Commission would consider legal action.
Mr. Fernandez: A declaratory relief type of action. We can ask the court to
declare...
Mayor Suarez: Hit them over the head type of action! I don't care what you
call it. -
Mr. Fernandez: OK. '
h � M
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93. APPROVE ADMINISTRATION'S DECISION WHICH REJECTED PROTEST SUBMITTED
REGARDING AWARD OF CITY CONTRACT FOR INSTALLATION OF BUS SHELTERS TO
"SHELTER ADVERTISING OF AMERICA".
Mr. Plummers Mr. Mayor, can I read this? The City Manager and the City
Attorney want this clarification. (COMMISSIONER PLUMMER READS RESOLUTION INTO
THE PUBLIC RECORD. SEE R-89-71 HEREINBELOW) As requested by the two parties,
I would move it.
Mr. De Yurre: What's this again about drug testing?
Mr. Plummer: It has nothing to do with drug testing. Did you all hear when I
offered this?
Mr. Dawkins: Yes, I'll second it.
Mr. Plummer: OK. You didn't hear this? The City Attorney and the City
Manager need that passed.
Mr. Fernandez: Gavarrete, Gavarrete. Sorry, Mr. Plummer.
Mr. Plummer: There was a protest filed, a protest was heard, it was
turned
down.
'
Mayor Suarez: Did you read it into the record?
Mr. Plummer: Yes, I've read it into the record.
Mr. Fernandez: It is important that this resolution be passed now.
This is —
the City Manager and myself concurring and the reasons to reject the
protest
of the unsuccessful bidder so that we may then proceed and enter
into a
contract with the successful bidder.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-71
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION WHICH REJECTED THE PROTEST THAT HAD BEEN
_
SUBMITTED IN CONNECTION WITH THE AWARD OF THE CONTRACT
FOR THE INSTALLATION OF BUS SHELTERS TO SHELTER
'—
ADVERTISING OF AMERICA, INC., ON DECEMBER 15, 1988, BY
_
RESOLUTION NO. 88-1169.
_f
(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 J. Dawkins
L'
Vice Mayor Victor De Yurre
'
Mayor Xavier L. Suarez
h t3•Pb f
NOES: None."""�
ABSENT: None.
ypo
•d�_vvu�s. _ _ _
Si. APPROVI CITY'S APPLICATION FOR A GRANT FROM THE FLORIDA DXPARTMENT bE
NATURAL RESOURCES FY'89-90 FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM: Authorise execution of agreements in connection with the
Allapattah Comstock Park Redevelopment Project (No. 331SO3) (See label
13).
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Dawkins: Helve had a resolution this morning and I asked him to bring it
back and I read it. (COMMISSIONER DAWKINS READS RESOLUTION INTO THE PUBLIC
RECORD, SEE HEREINBELOW) And I move this as an emergency because it should be
In the State's office, our application, by the 20th and we do not most again
until the 26th.
Mr. Plummer: Second the motion.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-72
A RESOLUTION APPROVING THE APPLICATION FOR A $120,000
GRANT FROM THE FLORIDA DEPARTMENT OF NATURAL
RESOURCES, FY 189-90 FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM BUDGET, TO BE MATCHED ON $2 FOR $1
STATE/LOCAL BASIS WITH $60,000 AVAILABLE FROM PARK AND
RECREATION CAPITAL IMPROVEMENT FUNDS, PROJECT NO.
331303; FURTHER CERTIFYING THAT THE CITY OF MIAMI WILL
BE THE LOCAL SPONSOR FOR SAID GRANT PROJECT; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS
AND OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE GRANT
UPON AWARD, SUBJECT TO APPLICABLE CITY CODE
PROVISIONS.
(Here follows body of resolution, omitted here and on 4
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
s
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
w _
go
t
ABSENT: None.
} r
51
a —
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y r; �+; j .,� >P't: +,,.,� y*"s �` r5 k ,Pi{ �, 4 r 1 �.•+" ni�-r'��i t � ».
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Y
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�.iiYWriGiii♦►r.Y.YliiifYY.Y�iY—iiiiT�iiLilYialw—ii`iif�iiY.---if`�.Y—iiiiii►iri11'NIIW.idY— _ _.—iiiiliY�`.•".z
8S. DECLARE AS CATEGORY "A" SURPLUS STOCK 3 SCOOTERS: Authorize donation of
same to city of Montes de Oca, Costa Rica.
..... ..---------- — - - - - - - ------
Mr. Dawkins: While you are getting ready, Mr. Mayor, you gave me the
equipment for Haiti and Costa Rica requested three Cushman scooters, so I'd
like move that we make the three Cushman scooters available to Costa Rica.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. What city is it?
Mr. Dawkins: Monte* de Oca.
Mayor Suarez: Montes de Oca in Costa Rica, and you've looked at it?
Mr. Plummer: Just for your edification, I have been approached by the Costa
Rican government about forming another major city.
Mayor Suarez: And they are surplus equipment and fit all the criteria?
Mr. Plummer: Yes.
Mayor Suarez: Call the roll on that.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-73
A RESOLUTION DECLARING CATEGORY "A" SURPLUS STOCK
THREE (3) SCOOTERS AND DONATING THE SAME, AFTER THE
EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS, TO THE
CITY OF MONIES DE OCA IN THE REPUBLIC OF COSTA RICA.
(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 J. Dawkins
Vice Mayor Victor De Yurre
—
Mayor Xavier L. Suarez
—
NOES: None.
ABSENT: None.
=,
86. SCHEDULE PUBLIC HEARING CONCERNING PROPOSED STREET
CLOSURES IN THE MIAMI
DESIGN DISTRICT AREA.
Mayor Suarez: How many street corners are you proposing
to close off?
i
Mr. Kay: Seven.
.Y 4i40Ap I
Mayor Suarez: Seven•
x
A�.�ff
itr-
Mr. Plummer: For how many days?
Unidentified Speaker: Permanent,
240
J}iiery� 1;,r 4
r .
,'a
Mr. Plummer: Permanently?
Mayor Suarez: For how many days? That's not a festival, this is a...
Mr. Kay: The Commissioner, I might add, this is the design district. They
want to close these streets to give this area an identity and also I believe
one of the other things is to cut down on the crime problem which they have
seen in the area.
Mayor Suarez: You want to compete with Dania, and Dania In essentially sort
of a self-contained indoor type facility, and this is closest thing you Can
come to that, I guess. We are not going to be able to pick you up on the
transcript, if you speak from there. Take that hand held mike.
Mr. Kays This proposal has nothing to do with controlling traffic in the
area. The department once again is not in favor of the closures of... I
might add that right up in this area, the department just completed some
street improvements and at the intersections where they are proposing to close
the streets at lot Avenue on 41st Street, NE 40th Street, on Miami, NE 2nd
Avenue, those streets have been improved and the intersections there, the
corners have some very nice decorative sidewalks. We would like, we don't want
the...
Mayor Suarez: The entire Design District area looks extremely nice right now.
I mean, if people haven't been out there in a while, they should go look at
It. It is really shaping up, but I think they want to give it more of
atmosphere of being...
Mr. Kay: Well, let me just say the
happens is you end up having to make
intersection, if you close the streets,
will have to find a way to turn around,
those streets and we'll end up having
wouldn't want to do that.
problem of closing the streets, what
a "T" turn around at the end of the
because they have delivery trucks that
they're not going to back up along all
to chop into that decorative area. We
Mayor Suarez: The one street that's closest to the Expressway, if I'm not
mistaken is awfully close to an area that is run down and that might make some
sense.
Mr. Kay: Along 36th Street?
Mayor Suarez: Yes. I
Mr. Kay: No, those two street are quite narrow. f_
Mayor Suarez: Actually, I think it's 38th.
Mr. Kay: Those streets are quite narrow, 36th Street, where they are
proposing the closures, there is no way that you can put a "T" turnaround at
that intersection physically...
Mayor Suarez: I see.
Mr. Kay: ... in order for cars to back around.
Mayor Suarez: OK, you are looking at the ones on 36th Street. I was looking
at the ones north of the Expressway, that little street that goes.`..
Mr. Dawkins: 40th Street, I think it is.
Mayor Suarez: Right, you, 38th there. OK.
Unidentified Speaker: What we are looking for is a trial run on these areas,
and it's true, Public Works has spent a lot of money. They also spent a small
fortune on 41st Street, which isn't even part of it. It is theoretically part
of the district, but we don't even want it included. We want to try and =-
exclude it. We want to put a street barrier for vehicle traffic at the top of
40 at NE 1st Avenue on north end here, before 41st Street, and that's probably
the principal area of escape for most of the crime in the area. We want to
put a barrier at each end of the 40th Street at Miami Avenue and down at 2nd
Avenue and we have 100 and some replies back for this LF
p program in principle. tts
4 �E'
x ;
rY-.
241 January 12, 148 F ra
r
Mayor Suaress Mow many guests have your
Unidentified Speakers One.
Mayor Suarets We haven't had an organized way.
Mr. Kays We haven't had it in a hearing or anything.
Mayor Suarez: I know, I just...
Unidentified Speakers 39th Street would need to remain open. We have the poet
office located on there, so the 39th Street would be the access area from both
North Miami Avenue and NE Znd. 38th Street would be closed off at each and
and the merchants that own the properties front to the street are fully aware
of the point that the director brought up, of trucks, deliveries, customers
and everything else. We are desperate to try and get this area back with some
semblance of security. And on the south end is where it's less defined as to
how to close it off. It can be closed off on the south side of the public
parking lot that you have there and/or it can be closed off on the avenues but
there are many of them. There's Miami Avenue, NE Miami Avenue, NE lat. That
would be an area that we would be looking for some help from Public Works and
from the Fire Department as to what each one of their input might be. We
really are taking it on to ourselves in asking the Commission to direct Public
Works and the Fire Department, which we believe are the two principal
departments involved to find out a way to implement this program, not so much
whether they think it's good or they think it's bad, but to get it implemented
with barricades on a temporary basis, 60 or 90 day trial, whichever everybody
feels is best in these locations and then have an evaluation and bring it back
to the Commission and this has worked very successfully in some areas and
we're fighting for our life down there. The code is killing us, I mean, we're
taking a beautiful jewel...
Mayor Suarez: Let's do this, because we still have quite a few items left and
time is running short. Does anybody want
to move to have the hearings on the
closures? Do we need to specify a date at
this point?
(INAUDIBLE STATEMENT)
Mayor Suarez: Just move it in general and
they'll come up with the dates. Do
you have any problems?
Mrs. Kennedy: All right, so moved.
Mr. Plummer: No.
Mayor Suarez: Call the roll.
The following motion was introduced
by Commissioner Kennedy, who moved
=
its adoptions
MOTION NO. 89-74
A MOTION DIRECTING THE CITY
MANAGER TO SCHEDULE A
PUBLIC HEARING IN CONNECTION WITH PROPOSED STREET
CLOSURES IN THE MIAMI DESIGN
DISTRICT AREA; FURTHER=,P
DIRECTING THAT STAFF HOLD MEETINGS WITH RESIDENTS OF
THIS AREA IN ORDER TO GAIN THEIR INPUT FOR THE CITY
COMMISSION'S BENEFIT.
_
Upon being seconded by Commissioner
Plummer, the motion was passed
adopted by the following vote:
..
♦A
_
AYES: Commissioner J. L. Plummer, Jr.'j"^a
Fly "tj� Y
o
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre;
Mayor Xavier L. Suarez
1
Y'r�� 1Pt �
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NQBSs None.
��F�r
ABS�NTs None.'
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Mayor Suarez: i have a feeling that there are probably a few intersections of
those that are most pressing to you and most important that they be closed off
and you might keep in mind the possibility that if we didn't accept all of the
intersections that we might accept some of them and i gather the one right
north of ilst is very crucial to you and maybe a couple others in the two
corners, to give it more of a self contained atmosphere and keep some of the
traffic going you know, north -south and maybe a little bit of east -west.
You've got quite few there and that's going to create some problem for us.
Mr. Kays We're kind of wondering. Was there a request for an evaluation of
the area? What is the evaluation on? I mean, is it on a crime, or traffic or
what? What are we talking about now?
Mayor Suarez: I think it is crime resulting from traffic.
Unidentified Speaker No. 2: Crime is number one and it's resulting from
vehicle traffic.
Lt. Joseph Longueira: OK, so if the barricades have no effect on the crime,
then the net result is we remove them?
Unidentified Speaker No. 2: Pardon me?
Mayor Suarez: If we did a test and we put some temporary barricades and we
didn't see crime going down, then that would be an indication that the test
failed then.
Unidentified Speaker: No.
Unidentified Speaker No. 2: No, I don't think so. That isn't the way that
they feel. They want this area closed in and the vehicle traffic restricted.
We...
Mayor Suarez: You shouldn't answer that. You should say, well, let's hope
that it will show that crime does in fact go down and we'll cross that other
bridge when we get there, or the barricade, or whatever.
Unidentified Speaker No. 2: That is what I meant to say.
Mr. Kay: OK, we're going to have a public hearing and follow as outlined in
the City Code. Right? - OK.
Mayor Suarez: Yes, absolutely.
Unidentified Speaker No. 2: And will they give us some input from the Fire
Department and from Public Works?
=
Mayor Suarez: Oh, yes, yes. I gather it is going to be negative input,
but
you'd better try to deal with it as you convince us to go through
with
the
-
plan.
=1
Unidentified Speaker No. 2: There is an area ... (INAUDIBLE)...
,i
Mayor Suarez: You have to get to the mike. Yes, we are familiar
with
the
economic situation and the strain on your district. You gave me a
figure
of
E
6,000 people employed, and how many?
t
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: 2,000? OK, it's extremely important that we try to
help
you
try to subsist through the competition with Dania.
Unidentified Speaker No. 2: Will we be contacted
Department or should be contact then?
Mayor Suarez: Well, you are welcome to contact them,
know. Do you have all of the information on them, Jim?
Mr. Kay: I think we have all the information we need.
and schedule a public hearing next month.
243
by the Public Works 4.
=� �1
but they will
let you
x
We'll have a
mail out
4 -
S F=
r
r
January
12, 19 ti.
Unidentified Speaker No. 2: Won't we be working with you in the interim to
refine it?
Mr. Kays Oh, right, that's correct.
Mayor Suarers One of the problems we have, by the way, is that the
association is no longer a viable entity, to we'd better be sure who exactly
Is going to be the lead person. it's an information association now, as I can
see.
Unidentified Speaker No. 2: It's a citizens group, an owner's group.
Mr. Kay: All right, we'll hammer out the intersections to the south.
Unidentified Speaker No. 2: That's where we'll need the help.
Mr. Kay: All right.
Unidentified Speaker No. 2: See you tomorrow morning?
Mr. Kays Better make it tomorrow morning.
Unidentified Speaker No. 2: OK.
Mayor Suarez: He said it all clearly. Thank you. I'll order those into the
record so there will be support for your petition later.
Mr. Joe Fallen: I just want to state my name. It's Joe Fallen. I'm property
owner in the area, I'm a merchant in the area, Electra and I and many of the
other tenants have gone through the area, we've collected hundreds of
petitions in favor. We have spelled it out, which streets we wanted to
enclose. I would like the Commissioners to look at this. We have approval
from the largest property owners, including Mr. LaLuce, Mr. Plummer, Mr.
Fineman. The majority of the property owners are in support of this. Not
only the property owners are in support, but the merchants in the area are in
support. A lot of work has gone into this.
Mayor Suarez: I gather that this is one of the few things that is almost
unanimous in the Design District that we've seen in a while.
Mr. Fallen: OK, he was talking about... we want to make this similar to the
Belle Meade District and you are talking about restricting traffic. It won't
restrict any traffic. We have a sample of what we want to do there. We may
have to take out some of the parking to allow the turnaround. It is all
_
feasible, it will not restrict any traffic to any showroom. It will not
-
deteriorate from the area, it will improve the area for beautification. it
f
will add additional foliage, it will also hopefully raise the property taxes
in the area. The property values have depreciated as you all know. I don't
know anybody that really wants to move into the area. With increase taxes, it
will help support our government. We would like to pay more taxes. We want
our City to support us and we want the City Commissioners to help support this
-_
also.
Mayor Suarez: Thank you for your statement and those basic objectives are
exactly ours. You are welcome to do it any way. If you want to, the City
Clerk will keep those as part of the record, or you can make them available to
=� the Commissioners, however you want, or you can make one copy for the record,
and then distribute the rest to the Commissioner, however you want it. These
are all...
Mr. Fallen: These are all signed petitions from people...
s
Mayor Suarez: I know that, I know that. Are these all copies of the same
l
one, and these are duplicates, is that what we got?
i'
Mr. Fallen: Yes.
Mayor Suarez: OK, thank you. Give these to the Clerk.
Mr. Fallen: These are already...
Mayor Suarez: All right then we don't need to do that. -_
i
244
$7. REJECT ALL CONSTRUCTION BIDS RECEIVED IN CONNECTION WITH THE NORTH
FLAGLER SANITARY SEWER IMPROVEMENT PROJECT. (See label 24)
Mayor Suarez: Don Cather is telling me that we passed item 28, and that it
makes sense then to go back to item 26, because otherwise the bid...
Mr. Odio: That is the one we were told to re -bid.
Mayor Suarez: Well, do you want to try to argue with the Commissioners who
had concerns about the item? - that not having a minority vendor?
Mr. Don Cather: It was my understanding that Commissioner Dawkins wanted to
wait to see if item 28 was passed, which it was, and then he said he would
reconsider 26th, which bids were received in November. The bids are good for
60 days. They may extend it. What...
Mr. Dawkins:
Is that bid, 267
Mr. Cather:
26, yes, the one for Douglas Higgens for the sewer for
$4,000,000.
Mr. Dawkins:
I don't have any trouble with 26, Mr. Mayor.
Mr. Cather:
Fine, well then let's pass it then.
Mayor Suarez:
Did we deny it, or did we just defer it?
Mr. Plummer:
We deferred it.
Mr. Cather:
You tabled it.
Mayor Suarez:
Did we table it?
Mr. Plummer:
We deferred it.
Mayor Suarez:
OK, I never get one answer to the question.
If we continue it,
Mr. City Attorney, do we need to move to reconsider right
now?
Mr. Dawkins:
I remember now. I told you that I was tired of all these bids
coming in here
with no minorities in there. Go back and
fine some minorities,
that's right.
So what happened?
Mr. Cather:
We are bidding another one in January. We're
breaking it up into
$1,000.000 bids.
We'll do it again.
Mr. Dawkins:
Just a minute, Mr. Cather. You're going
to break this up into
$1,000,000?
Mr. Cather:
The next one, not this one. This one we're
already received bids
on it. We'd
have to throw the bids out.
Mr. Dawkins:
See, that's how you all get me. Every
time you come in, you
tell me what
you are going to do for me next time. No,
_
no, do it for me this
time.
r a
Mr. Cather:
I'll throw the bids out then.
Mr. Dawkins:
Throw the bids out.x�p
Mr. Cather:
OK.
Mr. Plummer:
Where .are we? We've got 30 tome...
Mr. Fernandez: No, Mr. Mayor...
245
*b
z
774 ..kt,
_
Mr.
*lummere we got
no Mayorl
Mr,
Dawkins: What's
the next...
Mr.
Plummer: 75.
Mr.
Dawkins: 75.
Mr.
Plummer: Purple
Heart...
Mr.
Fernandaz: No, in reference
to that item, Mr. Mayor, it would be in order
to
have a motion to
reject all
bids if that is the intention of this City
Commission.
Mr. Dawkins: So moved.
Mrs. Kennedy: Second.
Mr. Fernandez: On item 26.
Mayor Suarez: OK, moved and seconded. Before we continued it, and as he
saying that he no longer wants to have it continued, that he is satisfied that
it better just to reject all bids?
Mr. Fernandez: That's basically what transpired. Now, of course, you know
that's consideration.
Mayor Suarez: You were doing better, Don, before you spoke up than you are
nowt So be itl Moved and seconded. Any discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-75
& RESOLUTION REJECTING ALL CONSTRUCTION BIDS FOR NORTH
FLAGLER SANITARY SEWER IMPROVEMENT.
(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
-pass
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.
88. AUTHORIZE ADMINISTRATION TO PAY IN FULL THE PURPLEHEART MANUFACTURING '=
COMPANY - in connection with piles supplied for Bayfront Park.
t:
Mayor Suarez: Yes, item 75. Did you call my law office recently?�
Mr. Hassan Rahaman: Yes, I did.
E ,�
r+ z z`$4.
Mayor Suarez: As an attorney, 1 cannot possibly represent you, iD--.V1 V Vt4b� . "
a a you ave many ma ers coming
before..,
�a
Mr. Rahamans I
hope that there is a
MayorSuarez:
... the Commission, so `
I don't mean
to be :'diacourgeoui '
getting back to
you, but just be aware
of that.
t
246
Mr. Rahaman: That was a completely different matter, Mr. Mayor. Basically we
have two problems and one was solved by Carlos Smith about six weeks ago. The
ruling on that was to pay less, pay the total less $4,500. That's the
Amphitheater and I would like to...
Mayor Suarez: Did we solve the Amphitheater problem, because the wood looks
awfully good over there, so, strike one for you and against Public Works.
Mr. Rahaman: Actually what happened there is I didn't agree with the $4,500,
but supply of the wood agree, and as such...
Mayor Suarez: OK, now we are talking about the pilings that were used for
what?
Mr. Rahaman: Now we are talking about the pilings for Bicentennial Park.
Mayor Suarez: Move the mike just a little bit towards you.
Mr. Rahaman: Yes, Bicentennial Park.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Rahaman: Bayfront.
Mr. Odio: I think we have a legal opinion on that.
Mayor Suarez: OK, now this is a matter that we had asked the City Attorney to
look at and hopefully to negotiate a settlement with you so we don't have to
have, you know, for us to decide a very technical legal question, which was
what exactly was the meeting of the minds between you and the City in terms of
what price the City was going to pay for this wood that they requested. I
think on an extraordinary basis, right? I mean, it was like a spur of the
moment thing?
Mr. Suarez Rivas: 30-day delivery basis, but you had a firm price there,
which later was exceeded. Mr. Mayor, we issued a legal opinion and
essentially said that Mr. Cather paid $26,693, which was $7.45 a foot for all
the feet of piles, OK? He delivered piles that were too long. Don Cather
paid him at whatever the price was, whether they were 57 feet, 62 feet, what
have you. He says that now he has other additional extraordinary shipping
cost, and that he had higher costs than $7.45 per foot. Our position is
legally that the City did not, unless it wants to as a matter of equity, give
relief have to pay any more money to this gentlemen for those extra prices.
We...
Mayor Suarez: Oh, so did... are you saying, am I understanding you right,
that we can conceded and paid him in accordance with the amounts?
_i Mr. Rivas: We paid him in accordance with a purchase order, $7.45 a foot for
3,583 feet. He now wants to bill us a premium price, more than $7.45 a foot,
because he said he had to reroute ships to get the piles here on time, he had
to accelerate his shipping.
Mayor Suarez: Wasn't it in dispute the last time we heard it that we didn't
=i even want to pay him the $7.00 and whatever per square foot, no?
�i
Mr. Rivas: No sir, we had paid him that and he had received payment in...
Mayor Suarez: Oh, so this does not... OK, so the basic dispute is still there
and... ##
.I
Mr. Rivas: Yes sir, it is and our opinion simply pointed out that as a matter
of law, something known as the statute of fraud would require a writing._
There would be an issue as to Mr. Cather's authority, as you, only the Mayor
and the Commission and the City Manager have authority for contracts over ,a
certain amount. This would be over that amount, and it was never authorized;
J
Mayor Suarez: How much is the amount in dispute? qh.
Mr. Rivaso The amount in dispute is $8,617.40, over $4,500.
yf
247 January
---
.- -
54,
f
s
v
Mayor Suarez: Are you willing to accept, if we were disposed, some kind of a
settlement that would not give you a whole amount so we can get out of here?
Mr. Rahaman: Yes, but before we do that please, give me one second.
Mayor Suarez: Before we do that?
Mr. Rahaman: Yes, what you started here.
Mayor Suarez: We're about to settle with you, and you want to do something
before we do that?
Mr. Rahaman: Yes, but I would like you to understand that the facts that were
just said to you were all distorted. The truth of the matter is, when....
Mayor Suarez: I am sure we don't agree on the facts, but we can settle the
case, who cares at that point? I mean, were you willing to accept half the
difference, if were disposed to give you that?
Mr. Rahaman: Mr. Mayor, I took $4,500 beating on the Amphitheater, which...
Mayor Suarez: Why? Why did you take a $4,500 beating on that, if it wood
looked fine to us?
Mr. Rahaman: OK, that is what Carlos Smith agreed upon, and the supplier, my
supplier to me accepted that, but on the piling...
Mayor Suarez: Why, Carlos, why did he have to take a reduction on what he
thought he was entitled to on the... because there are some that have to be
replaced, or something, or...?
Mr. Carlos Smith: Basically some of the wood was of inferior quality and we
needed to sand some of those and replace some, so what we had held $8,500, I
met with him and Mr. Cather and Mr. Long and we agreed on splitting the
difference, and that's basically the reason.
Mayor Suarez: Commissioner, are you interested in splitting the difference on
this one too, and offering that as a final offer? We can't...
Mr. Plummer: Is he willing to accept it?
Mayor Suarez: Would you accept that if we split the difference between what
you are requesting and what we've offered you so far, which is zero; in other
words, if we gave you half of what you are asking for?
Mr. Rahaman: Mr. Mayor, can you make that $6,000, so I don't lose? I can
afford to lose $2,500, I can't lose six. Can we please go for $6,000?
Mayor Suarez: This is negotiation by Commission action. You know, we can't
function this way, except in extraordinary cases. We did one today with an
officer who died in the line of duty in a car, it's an exceptional situation.
js■
Otherwise, we basically follow our City Attorney's recommendation and tell
them to sue the blank, you know? Commissioners, what do you want to do? I
mean, we can argue about the facts all day. We're not...
r
Mr. Plummer: I want to get rid of it, I've heard too much of it.
—
Mayor Suarez: All right, make a motion please, somebody?
Mr. Plummer: I'll split the difference with him, I'll make it five.
Mayor Suarez: Five.
Mrs. Kennedy: OK, I can go for that.
Mayor Suarez: Second for $5,000. Any discussion, call the roll. You are
always welcome to reject it, in which case you are going to get nothing,
except trial.
Mr. Cather: I am going to remind the Commission that there is an outstanding
obligation to the Miami Capital Corporation Business Assistance Corporation.
I think that if you are going to do this, it should be going directly to the
Business Assistance Corporation.
248 January 12, 1989
� AK
�.S
Mayor Suaret: Now about that, Mr. Hassan, if we make that payment directly?
That will make good old Mr. Cisneros very happy to get some of that money back
for his agency. Call the roll.
Mr. Dawkins: Wait now, pardon me. Is the money from Miami Capital or the
Business Assessment Center, Mr. Cather?
Mr. Rahaman: It's the Business Assistance Center. Miami Capital is
Mr. Dawkins: Well, they don't belong to us.
Mayor Suarez: Oh now, we don't want to pay them anything. No, wait isinuts,
It is not Miami Capital Development?
Mr. Rahaman: What is it... Mr. Mayor, there are three joint...
Mr. Cathers pay them in a three party check.
Mr. Rahaman: No, that was a misunderstanding complete - that three party
check.
Mayor Suarers You don't owe anything to Miami Capital Development
Corporation?
Mr. Rahaman: No, I don't.
Mayor Suarez: Why was Mr. Perez Cisneros pleading with me last time that...
Mr. Rahaman: Because there was a three-way tie in with this loan. BSED and
Miami Capital.
Mayor Suarez: Well, you know what, you are going to be in business for a
while, are you not, sir? Presumably you'll pay all your debts. I am just
disposed to just... he's shaking his head, no. Why don't we just vote on the
$5,000, unless some Commissioner wants to add a rider to it, that the money
has to go to a particular agency. I am just disposed to just vote on the
$5,000. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-76
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO PURPLEHEART MANUFACTURING COMPANY, INC. THE SUM
OF $5,000 IN COMPLETE SATISFACTION AND AS PAYMENT IN
FULL OF ANY OUTSTANDING BALANCE DUE AND OWING FOR
GREENHEART PILES SUPPLIED FOR BICENTENNIAL PARK.
(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
NOESs None.
ABSENT: None.
Mr. Rahaman: Thank you lady and gentlemen so much.
Mr. Rivas: For the record if you could just please confirm that you'll accept
that as payment in full.
Mr. Rivas: You will? No further claims? OK.
249 January 12, 1969 �a
G,
.„
-__....__..--------------------------------
89. AUTHORIZE CITY MANAGER TO LEASE FROM RECOVERY SYSTEMS, INC. 12 STOLSN
VEHICLE RECOVERY SYSTEMS - for Police Dept.
----------------------------------------------------------------
Mayor Suarez: I know we have a gentlemen that here on an item that is
presumably non -controversial, which is the City's acceptance of the system
whereby at no cost to us, we're going to have the ability to monitor any car
that's been stolen and that the person has seen fit to install one of these
little devices that emits radio signals that can be picked up in the computer?
Am I stating it roughly correctly?
Lt. Longueira: gem, sir. What's is happening is that the LoJack Corporation
Is... what's your Florida name?
Unidentified Speakers Recovery Systems Incorporated.
Lt. Longueira: Recovery Systems Incorporated has a contract with the State of
Florida to install a statewide auto theft recovery system hooked up to the
Florida FCIC computer system. What they are going to do is provide over 250
receiving, tracking units to law enforcement agencies throughout the State,
OK? They are also selling to the public, OK, through car dealerships, the
actual transmitters. If one of the vehicles that has this transmitter is
reported stolen to the police, the FCIC computer will automatically turn on
the transmitter. If that transmitter is within the range of the receivers
- that are in the police cars, this receiver will indicate the direction of the
stolen vehicle and will give us a code number. When we type the code number
Into our computer, we'll give us a description, we can home in on the vehicle
and recover it. This system has been tested in Massachusetts.
Mayor Suarez: OK, and the company is proposing to install the system or hook
up with us at no cost to us?
Lt. Longueira: Well, it's actually $1.00 a year per unit. It is practically
at no cost.
Mayor Suarez: OK, nominal cost.
Lt. Longueira: Right and the only other cost the City has is if...
Mayor Suarez: And they are not... it is not a situation of having competitive
bids or anything like that, because there is no one else that has the system.
They have a monopoly and they have the patent, right?
Lt. Longueira: Right, and they...
Mayor Suarez: Anybody have any problem with this?
Mr. Plummer: Well, how many of those receivers are they going to give us?
Lt. Longueira: OK, we are getting 12 units. What we are proposing is I'm
going to put three on each patrol shift, one spare for patrol to put in the
high auto theft vehicle locations, and two go to the Auto Theft Detail, who
specialize in that.
Mr. Dawkins: So, if you are getting 12, what will each additional unit cost?
Lt. Longueira: No, we are getting 12 units, $1 each per year.
Mr. Dawkins: And you don't plan to get any more?
Lt. Longueira: Not at this point, Commissioner, no.
Mr. Dawkins: At a later point, what will they cost, each?
Lt. Longueira: If the Department looks to purchase any additional, they would
run about $1600 each, but that's not to say that we wouldn't go back to LoJ.ack
and attempt to obtain some more.
250 January 12, 1989 :.
5
1
Mr. Dawkins: Beg pardon?
Lt. Longueira: That's not to say that we would not go back to Recovery
Systems and try to obtain more than the 12. I think the 12 is going to be
sufficient to cover the City, because you don't want...
Mr. Dawkins: That's not my problem. My problem is once, you get this and you
show that it does work, and that it does help, then you order 100 of them at
$1,600, you have spent... it was well worth them loaning you 12.
Lt. Longueira: No, but we don't want 100 units all getting an indication on
the same car that's stolen in their area. You know, I want to control the
number...
Mr. Dawkins: Well, OK then, explain to me then, why you need any more if 12
Is sufficient now. Wouldn't 12 be sufficient herein forever more?
Lt. Longueira: Yes, sir, right at this point, I would say yes.
Mr. Dawkins: Well, there you see, there you go again, you qualified it. See,
you telling me yes, right at this point. I want to know about after this
point.
Lt. Longueira: Commissioner, I can't tell you what conditions change.
Mayor Suarez: As far as he can tell you.
Lt. Longueira: Yes, sir.
Mr. Plummer: How much does it cost a citizen to have one installed in their =
car?
Lt. Longueira: It is $595 installed.
Mr. Dawkins: Oh, this is a two way... so this is no good if the citizen don't
put one in his car.
Lt. Longueira: Right.
Mr. Dawkins:
So they are going to give us 12 of them, and we're going to
have
them rake the
citizens of $600 a piece, huh?
j
i
Unidentified Speaker: Oh, come onf
—
Mr. Dawkins:
What else? What else? You talking about come on, what else is
i
it?
Unidentified Speaker: Theft deterrent.
=i
Mr. Dawkins:
Sir? That's not a deterrent, but if I'm going... how many
cars
_i
do we have in
the City of Miami, officer?
■�
�)
Lt. Longueira':
How many vehicles? I have no idea, Commissioner. I can
tell
■
you this, that
in 19...
I
'1
Mr. Dawkins:
How many, well, approximately how many vehicles in the City
of
Miami?
Mayor Suarez:
Probably 250,000.
_(
Mr. Plummer:
Well, let me give you a better one. There's 30 cars a
day
t:
stolen in the
City of Miami.
—
Lt. Longueira:
In 1987 there were 6,000 cars stolen.
Mr. Dawkins:
All right, 8,000. Now sir, coming back to you, sir. If
I pup
—
going to help
him sell 8,000 units, he should give them to the people that
a
buying them at
less than $600. That's my say no.
-re
—
Unidentified Speaker: I can't address how much you are going to sell
them
��1
-
-
for.
' � 4�
4�frH
251 January 12,
19$9�
{
V.
Mr. Dawkins: All right, thank you sir.
all.
�3
That's all I'm saying sir, that's
Lt. Longueira: Commissioner, I can tell you one thing, that in the State of
Massachusetts that has had this thing for a while, the people that purchased
these units have experienced a 20 percent insurance reduction from their
insurance companies because of these units.
Mr. Dawkins: That's Massachusetts, now that doesn't say that the Florida
people are going to get... you see, all this is fine and I'm with it 100
percent, but I still think that if I'm going to sell 600 of these, they should
be gotten at less than $60O, that's just my personal belief.
Mayor Suarez: And you know, competitively, the only way that the price is
going to go down is if someone else comes up with competitive patents, and
disputes yours, right.
Lt. Longueira: But the key is that they are going to have to negotiate with
the State of Florida Criminal Information Center and be able to tie in with
them. Right now, there is nobody statewide except this company...
Mayor Suarez: Oh, wait a minute, if another company comes along, they'd
better negotiate with them, otherwise, we're going to have a whole new Florida
government, I'll guarantee you that. Anyhow, how long is their contract with
the State of Florida?
Lt. Longueira: It is for five years and...
Mayor Suarez: That was a big mistake. How long is their contract with us?
Lt. Longueira: The initial is five years and then five more renewable, one...
Mayor Suarez: I thought we weer talking about a yearly contract, I...
Lt. Longueira: No, this is for five years initially...
Mayor Suarez: Yes, I can't go for five years, because we may see competition
within those five years and then you would never see the prices go down.
Lt. Longueira: Five years, renewable every year?
Mayor Suarez: OK, renewable every year means renewable at our option,
exclusive option, is that correct? I thought that's what you had told me.
Unidentified Speaker No. 2: It's also the contract can be terminated within
120 days by written notice of either party.
Mayor Suarez: You know, I am disposed to just wait until this item comes up
on the agenda as it was scheduled. This is not a non -controversial item,
there is all kinds of interesting aspects of the deal, you are going to make a
lot of money, I frankly didn't think to ask the question, how much each
Installed unit would cost, I figured it was some amount, I didn't think it was
that high and I just want want to clarify. I shouldn't have taken the item
out of order is what I am saying, because you are going to make a lot of money
on this thing. I want to just clarify, we can change our mind and contract
with anyone else, every year, at the end of every yearly period?
Lt. Longueira: Right, you can also terminate it prior to that.
Mayor Suarez: Mr. Clark, I want this as a legal opinion, otherwise I am not
voting for it.
Mr. Bob Clark: Mayor, the information I have, and the representative is here
now, is that they are giving them to us for... at the end of the five year
period, they will become ours.
Mayor Suarez: Bob, presumably there is a written something or other here that
gives them the right, at least on a yearly basis to use our system and so on, !
right?
Mr. Clark: There will be one year, we can renew it.
there is 120 days...
252
If we want to quit it, `#
May( Nr care : Is that written, whatever it is, contract, lease, license,
whatever it is, specify that if we change our minds for whatever reason,
including another company coming into the market at the end of every yearly
period, we can do so, for no reason except that we want competition, or for
whatever.
Mr. Clarke Yes, air.
Mayor Suareze OK, I entertain a motion on approving the agreement.
Mr. Dawkins: So moved.
Mr. Plummer: Well, I'll second the motion. The joke of the whole damn thing
Is is when we catch the car thieves, the damn courts turn them loose, I mean
we are going through all of this for...
Mayor Suarez: Well, we get the cars back and presumably the insurance rates
will go down and so on.
Mr. Plummer: You get the cars back now, if there in the City of Miami -anyhow,
f
within 48 hours.
Lt. Longueira: Yes, but the difference here is that in Massachusetts they've
had experiences getting cars back in 11 minutes. The damage to the vehicles
1
Is a lot less than if you let them sit in the streets and be stripped and get
-
them in 48 hours.
Mayor Suarez: I've had five cars in my family stolen and I only got back one
1
that I recovered myself, that I stole back, that was a lot of fun.
Mr. Dawkins: You get it back in 11 minutes, if I find out my car is missing
in 11 minutes.-
Mayor Suarez: Eleven minutes from the point that you find out.
Lt. Longueira: Yes, from the point it is reported._
t-
`i-
i
Mr. Dawkins: OK, all right. t
_
ir
j Mayor Suarez: Call the roll.
;-
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-77
4
'
..
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED, PROVIDING FOR THE LEASE FROM RECOVERY
SYSTEMS, INC., A FLORIDA CORPORATION D/B/A/ LOJACK OF
FLORIDA, OF
TWELVE (12) STOLEN VEHICLE RECOVERY
=1
1
SYSTEMS TO BE
INSTALLED IN DEPARTMENT OF POLICE MOTOR
VEHICLES (FOR
A ONE (1) YEAR PERIOD AND RENEWABLE
ANNUALLY BY THE CITY MANAGER,) AT A TOTAL COST NOT TO
EXCEED SIXTY
DOLLARS ($60.00)= ALLOCATING FUNDS
=
THEREFOR FROM
THE 1988-89 GENERAL FUND, INDEX CODE,
290201-610.
(Here follows
body of resolution, omitted here and on
file in the Office
of the City Clerk.)?-
i
Upon-
being seconded
by Commissioner Plummer, the resolution waspass9dy
and adopted
by the following
vote: Io.rrj
t
AY99: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Hiller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And as I stated before, I still think it is something that's
worthy of making public announcements on. It is just the fact that the system
is in place will deter some car thefts and I hope that our PI office gets the
message out and that also will help you, I'm sure, to sell these units.
Lt. Longueira: We will, when the units are installed, and it's in operation
in the City, we'll do a public release.
Mayor Suarez: One of these days maybe you'll give us a percentage.
90. DISCUSSION CONCERNING REQUEST FOR SUPPORT FROM ST. ALBAN'S DAY NURSERY,
INC. REGARDING THEIR CHILD CARE PROGRAM.
Mayor Suarez: St. Alban's Day Nursery Inc. are they here?
Mr. Oswald Nenbhard: My name is Oswald Nenbhard; My address is 14411 NW 13th
Road, Miami, Florida. I am here to represent the St. Alban's Day Nursery in
Coconut Grove to ask the City Commissioners for an assistance, a grant of
approximately $28,000 to assist us with our child care program.
Mayor Suarez: Let me interrupt you if I may.
Mr. Odio: And we feel, and I'd like to support him that, that he should begin
the... the is a meeting of the area CDBG meeting, I think it is... what is the
date of that?
Mayor Suarez: Yes, this one has to go to the Community Development Advisory
Board.
Mr. Odio: And he can get that money there. Let me see...
1
Mayor Suarez: The only funds that we would have that would be applicable to
this kind of a program, that I can think of, would be Community Development
Block Grant monies, and we begin the allocation process right about now.
Again, we always caution everybody, the parameters that we look at in j
allocating the monies are food, and health programs and...
Mr. Odio: There is meeting on the...
Mayor Suarez: ... this may or may not qualify under that. We've kind of in
child care matters, have felt that there is some health component and some
food component.
j
Mr. Odio: Well, there is a meeting tonight, at 7:00 about this In .the
Coconut Grove Human Resources Center. However, the need to clarify, because
last year we gave them 628,000, the Community Development Block Grant monies
and eventually you withdrew from that, because you could not meet the }
liability insurance requirement.
Mr. Nenbhard: Yes... s
tN-
Mr. Odio: And don't go through the whole thing again if you cannot get the
liability insurance.
t
Mr. Nenbhard: ... but we have the liability insurance now. We have that"tor
this new year.
hyp
Mayor Suarez: Did they...
254 Janurq 12,
Mr. Nenbhard: but the fact is that last year we were denied the amount. Ve
Vert given an advance by United Way and we are indebted to United Way, I was
asking whether the Commissioners...
Mayor Suarez: You know, I hate to tell you this, but I have a feeling what
you ought to do is get in your car and go right...
Mr. Odio: No, no, he should... I tell you what, maybe he should go on the
18th at 7:00 o'clock, there is another meeting, 18th of January.
Mayor Suarez: Is that also at the Human Resource Center?
Mr. Odio: The Human Resource Center at 37th and Dixie. Do you know where
that is?
Mr. Cestaneda: Today was the City Advisory Board, City wide board, and they
were meeting at the Administration Building downtown Miami at 5:30.
Mayor Suarez: But you are indicating another meeting on the 18th? That will
be for that particular neighborhood?
Mr. Odio: Yes sir, and he...
Mayor Suarez: Should he meet with you before, or is he...
Mr. Odio: No, he qualified before, so...
Mayor Suarez: He qualified last year, so except for the liability insurance.
Mr. Odio: Right, and he had to withdraw because he didn't have the insurance.
Mr. Nenbhard: We were unable to get the comprehensive insurance at that time.
We had general liability insurance.
Mayor Suarez: Right, fine, fine, but you want to remind them of that, since
you were approved before. Remind the CD Advisory Board of that, that you were
recommended before for funding.
Mr. Nenbhard: I will if...
Mr. Plummer: Become a hotdog vendor and you don't need liability.
Mayor Suarez: In the alternative, become a vendor.
Mr. Nenbhard: We were denied the grant for last year. What they are offering
me for the coming...
Mr. Plummer: I'll remind you all every time.
Mr. Nenbhard: We were denied the grant for this present. We were denied the
grant for this present year, the year that will end in July.
Mayor Suarez: Right.
Mr. Nenbhard:
The year, the one that you are going to offer me
now is for the
year 1989-90.
Mayor Suarez:
The one that begins in July, and the process
is just about
coming to its
culmination, so you got to get right into the stream very
quickly before
you get left out of it this year.
Mr. Nenbhard:
There is no money left for the consulate or the
cabinet until
z
July?_
Mayor Suarez:
Oh, do we have any monies in savings from the
current year's
funding? What
are we 12th year, 13th year, what are we?
L
Mr. Odio: You took that money when he sent it back and
reallocated to
somebody else.
f YA
55 J'anuary 1 ,
j4'
Mayor Suet*%: We already allocated it? Yes, we've allocated probably more
than we've been able to save. We will, as we get closer to July, maybe...
Mr. Plummer: Well, plus we've made ten promises to other groups It in fact,
monies became available.
Mayor Suarez: Now many are on the waiting list?
Mr. Plummer: There is over ten.
Mr. Castaneda: There is no waiting list, because of the problem of money that
was left over, it was reallocated. Now we'll have to wait until the end of
the contract year.
Mayor Suaret: We have no money left in the program for the current year, but
make an all-out effort to get approved for the year beginning July 31st.
Mr. Castaneda: July 1, 189.
Mayor Suarez: July let.
Mr. Nenbhard: All right, thank you.
Mayor Suarez: Esther Mae.
Ms. Esther Mae Armbruster: Good afternoon, my name is Esther Mae Armbruster,
I live at 3350 Charles Avenue in Coconut Grove. I'd just like to add to what
Mr. Nenbhard has said. On this past Monday night at the Zoning Board, we were
granted a variance to open another nursery at Christ Episcopal Church, where
the rectory is and at the present time we also have on the waiting list a 166
children and I'm well aware of the fact that CAACED might have some money to
give him, but we don't have the $28,000, so if you could find it in your
little hearts, in your big hearts come up with some extra money, we certainly
could use it.
Mr. Plummer: We can find it in our heart, we can't find it in our wallet!
Ms. Armbruster: Well, you can find it in the treasury, but thank you very
much, but please try to help us.
Mayor Suarez: You know, I hope the County also is beginning to act on child
care programs. Are they... well, I don't even want to ask.
Mr. Plummer: Yes, that's another law suit.
Ms. Armbruster: What we are trying to do is to provide a place for the
working mothers to leave their children, so they can get off of welfare and
out of the existing twenty-six houses. OK, thank you.
:t
fi Mr. Dawkins: Mrs. Armbruster, we just sat up here and loaned $56,000 to an
opera, so if we were to loan $28,000 to St. Alban's, what St. Alban's got is
allocations for wherever he just said it was coming from, would they repay it?Ai
Ms Armbruster: Mr. Nenbhard, when we...?
Mr. Nenbhard: The only lace we et this allocation s i P B i from the City,
gentlemen.
Mr. Plummer: No, you can't do that. That's precluding the CD's
responsibility.
Mr. Dawkins: From the CityT
i4 st t_
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i xh�
Mr. Nenbhard: Yes.
ft
Mr. Dawkins: OK, thank you.
aie
j sty 45e
t i'gl
iii Ms. Armbruster: OK, he said if they were to lead you the money, could you ply, fc}T
it back?
Mayor Suarez: Would we ever see you again? I mean, would you pay.lt beo?
P
256 r ,
G %
Mr. Nenbhard: Depending on how we apply for it, from the City, just when the
City gives it back to me again.
Mr. Dawkins: Well, the City is the only place you get funding from?
Mr. Nenbhard: No, I get funding from the County and from the Federal
government, from Headstart Program and United Way.
Mr. Odio: How dollars do you need every month to operate?
Mr. Dawkins: How many... I hate to do this, but I don't know no other May to
do it. What do you get per child per month?
Mr. Nenbhard: Per month? It's on a sliding scale. It's $60 per week for the
Infants and $45 per week for the preschool children.
Mr. Dawkins: So if you round that off to $40, that would be about an average.
Mr. Nenbhard: It's about $40 and $60.
Mr. Dawkins: An average, and you just said you got... and how many youngsters
would you put in this rectory?
Mr. Nenbhard: Thirty.
Mr. Dawkins: Thirty? So that would be $1,200 a month...
Mayor Suarez: $1,800.
Mr. Dawkins: $1,800, and how much is the operating? I don't know, I am just
trying to see how you can figure out a way to pay $28,000, but I see we can't
do that, that's no problem. OK.
Ms. Armbruster: Are you sure we can't find it? I'll help you.
91. INSTRUCT MANAGER TO REVIEW ALLEGATIONS CONCERNING TWO EMPLOYEES OF THE
HOUSING CONSERVATION AND DEVELOPMENT AGENCY (WILMA WILCOX AND JOHNNIE
MAE BARBER) - request further investigation and information from
Administration - further requesting full report on personnel relations _
problems in the Fire Dept. and funding report on the Housing Agency.
Mr. De Yurre: Mr. Mayor, can we hear 95 so that - there's a whole bunch of
people here, we can expedite on that one. It shouldn't take that long. -
Mr. Plummer: Where are we?
Mr. Dawkins: Ninety-five.
Mayor Suarez: Mr. Vice Mayor, is your intent in putting this item on the
agenda, to clarify that we're going to fully investigate all of the
allegations and cooperate with our own Affirmative Action Advisory Board,
which, I understand, is already carrying out an investigation, are they not?
Why are you shaking your head?
Dr. Hattie Daniels: They're not..
F
Mayor Suarez: They're not? I thought you were.
Mr. Plummer: Well, let me ask a question, because I think we're on d vet►
thin line at this particular point, of interfering with the administration
procedures. It's my understanding, from a memo that I received, that said 1
that the two parties - I assume the two grieved parties - had requested this
Item be withdrawn from the agenda because there was an investigation going on „.
for the Manager. Nov, I read that in the memo that I received.
Mr. Odio: What happened is, Commissioner Dawkins brought them to my office, r
I heard them and then ordered an investigation from the - Hattie Daniels is �sr�
proceeding with an investigation. I told her to look at every singe
allegation made and come back with a full report. -
rw
257 Jenuary 12# 29D
i �
Mr. Plummer: but didn't I receive a memo from the two grieved parties stating
that they wanted the matter withdrawn until the investigation is completed?
Mr. De Yurre: Well, they can't withdraw it because I was the one that put it
on the agenda. If anybody's going to withdraw it, it was going to be me.
Mayor Suarez: OK.
Mr. Jorge L. Fernandez: Yes.
Mr. Plummer: Well, that's...
Mayor Suarez: What about the Affirmative Action Advisory Board?
Ms. Lori Weldon: Mr. Mayor, and to answer that question, Lori Weldon, 160
N.W. 44th Street. At the time that I spoke with you, I was told by Miss
Daniels that her office was not investigating it.
Mayor Suarez: Was not.
Ms. Weldon: Was not. And, therefore...
Mayor Suarez: There's two procedures...
Ms. Weldon: Right.
Mayor Suarez: ... if I remember my ordinance correctly, by which an item can
be investigated.
Ms. Weldon: Right.
Mayor Suarez: It can be initiated by the Affirmative Action Officer or by the
board itself.
Ms. Weldon: Or by the board. OK, then later I was told by Miss Daniels an
investigation was going on and, therefore, the board could not investigate it.
Mayor Suarez: Oh, no, that's not the way the ordinance reads.
Ms. Weldon: Right, as way the ordinance reads.
Mayor Suarez: The ordinance reads that it could be done either way, whether
r
she's investigating or not, you can investigate as far as I'm concerned.
Ms. Weldon: That's right.
—
Mayor Suarez: In fact, it could be two investigations.
Ms. Weldon: As an Affirmative Action Board member, however, as a concerned
citizen, and a member of the Edison Community Association, I can relate to you
concerns from citizens which I have received concerning this matter which is
more than a grievance.
Mayor Suarez: OK, I hope as a board member, you were not told. Because I
don't think it's correct....
Ms. Weldon: No, no, no, no, no, as a...
Mayor Suarez: ... that you could not also investigate it as the board.''
Y
3
Ms. Weldon: No, I have not conducted any investigation whatsoever. I have
x4
not pried or probed.
Mayor Suarez: But I think you can is what I'm saying. You can, even if Dr,'
Daniels is doing one. <°
rF C h�
Ms. Weldon: Right, as soon as she's over.
kz
Mr. Fernandez:
Mr. Mayor...
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11't 1�.�/^y�1 0
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Mayor Suarsz: No, currently, as for as I know because I've gone through this
before as chairman of the Affirmative Action Board.
Ms. Weldon: No, it will not be...
Mr. Fernandez: Mr. Mayor...
Mayor Suarez: They tried to do the same thing with me.
Ms. Weldon: It will not...
Mr. Fernandez: If I may shed some light on this, the ordinance reads as
follow, that the board may hear, upon a referral, by the Affirmative Action
Office, so implicit in that...
Mayor Suarez: Oh, unless it's been an amendment in the ordinance, I've gone
through this as chairman before. There's also a procedure by which the board
Itself can initiate its own investigation. And one is not exclusive of the
other.
Mr. Dawkins: If not, why have the board?
Ms. Daniels: May I also add something...
Mayor Suarez: No, no, no, please, please. I want to get this clarified.
I've gone through this before when I wasn't sitting here in this chair and I
want to get this clarified because if somebody's given me the wrong legal
opinion, I'm going to be extremely upset.
Mr. Fernandez: OK, it clearly, section 2-285 says that the board may hear or
review grievances concerning alleged discrimination and employment policies
and practices of the City when a specific grievance or complaint is referred
by the Affirmative Action supervisor to the board. Following such referral...
Mayor Suarez: Are there...
Mr. Fernandez: ... by the Affirmative Action Office, the board may appoint a
committee or a single hearing officer to hear these complaints and to report
findings and make recommendations to the full board.
Mayor Suarez: OK, at the time I remember that there was a requirement of an
extraordinary majority to initiate its own investigation. Is that not in
the - could you check that for me in the meantime while we discuss...
Mr. Fernandez: I will check that but let me also interject at this point
which perhaps may shed some light...
Ms. Hirai: Do you want to enter it as part of the record?
Ms. Weldon: Yes, yes, please.
tMs.
Hirai: Why don't you describe it on the public record then?
g{'
Ms. Weldon: OK, I am.
V
Ms. Hirai: She's entering that as part of 95.
Mr. Fernandez: ... In the fact that I have been contacted by several of the
Commissioners and I have advised them that the proper way for this Commission
'.�:.
to make any inquiries pursuant to section 14 of the charter which is to
constitute yourself into a board of inquiry. Otherwise, like Mr. Plummer
f
observed earlier, you may be infringing on a process which otherwise is well
established.
Mayor Suarez: Which process is?
Mr. Fernandez: The process that it's being investigated by the administration
and the City Manager is in a position to do something about it. So, to that,
and, I have prepared a resolution at the behest of Commissioner Dawkins
calling for a declaration pursuant to section 14 of the City Charter declaring
the City Commission's need for information on the subject of unfair personnel
policy or practices that may exist within the City's administrative department
a�
259 January 1?c0 19!A,
,r
+
a
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i
known as the Housing Conservation and Development Agency, setting a public
hearing on this subject for, and then there is a blank there for you to call
the meeting at a time that you would like to convene, in the chambers of the
City Commission to investigate and consider the official acts and conducts of
those officials within said department who are responsible for establishing
and implementing personnel policy and practices. Further, directing the City
Manager to instruct all executive level City employees of the City's Housing
Conservation and Development Agency to attend the above public hearing. The
proper way for you to proceed at this time I will recommend to you, Mr. Mayor,
Is for you to perhaps consider this resolution and at a subsequent meeting
constitute yourself as a board of inquiry and proceed pursuant to chapter or
section 14 of the charter.
Mayor Suarez: You know, I - with all due respect, I'm very interested, for
myself, in the alternatives that we may pursue. I'm not particularly
Interested in your recommendation of which one we should pursue but I'm
Interested in hearing from my Commissioners as to what they want to do. Thank
you any how as to the alternatives, we needed to know that.
Mr. Fernandez: Certainly.
Ms. Weldon: Well, Mr. Mayor... _
Mayor Suarez: Commissioners. Wait, wait, now we're going to hear from the
Commissioners.
Mr. Dawkins: Mr. Mayor, I am glad this was brought forward and we, I guess,
as J. L. said, have to follow the procedure and the procedure is that they
go - I mean anyone got a complaint go to the Civil Service Board, but
sometimes we up here observe things and we want to get to the root of it. So,
Commissioner De Yurre, what I would like to do is charge the Manager to bring
back a full report at the next meeting as to the ladies' complaint, what he
found right or wrong and if, and bring me the four announcements for this job
prior to this announcement because it's obvious that when they put out the
last announcement that they changed the qualifications to insure that the
individual who was applying did not meet those qualifications. So I'd like to
see the three that was had done before so that we know where we are. That's
one thing that I'd like for you to report back on. The second thing I'd like
a full report from you, Mr. Manager, on is, Mr. Glass said he who's
discriminated against in hiring and promotion, he went the route of the Civil
Service Board. The Civil Service Board ruled in his favor and you said that,
which was your prerogative to either accept or reject the recommendations of
the Civil Service Board. You said that you accepted the recommendations of the
Civil Service Board and you have yet to put him in that position or what have
you. I want to know why and what you're going to do about it. The third
thing I'd like, sir, for you to report back at the next meeting. We've had a
hearing, there's been a saying that there's discrimination in the Fire
Department, we've had one officer punch out another officer, I understand that
there's been urine placed in peoples shoes. I'd like a full report from you,
from the time you transferred Mr. Garcia and Mr. McCrae to that station. I
want you to show me how the people you had over there observed what was
happening and reported back to you that there was trouble or that there was
not trouble and what they did to correct it and how they went about counseling
the individuals you put over there. Now, if we are not satisfied, the
majority of us up here, three members, of the answers we get, then I think
it's time for us to sit as a board of inquiry where we can bring people down
here and put them under oath and see if we can get to the root of it. Now,
that's what I would like to do.
Ms. Weldon: Mr. Mayor...
Mrs. Kennedy: Mr. Man... excuse me, Lori, one second. I would like to.add
something to that. I would also like to see the financial report of the
housing agency. Yes.
Ms. Weldon: Mr. Mayor...
Mayor Suarez: OK, so I think, does that reflect, Commissioner De Yurre, with
your feelings on the matter?
Mr. De Yurre: I'll second that motion. s
200 :Jams ary 12 v 9
Mayor Suarez: I think what we're about to do is to allow the Manager to
choose whatever means of investigating this he wants and we'll take a
statement from you if you want, Lori, and from anyone else and then report
back to the Commission to see if we later want to pursue it ourselves as a
board of inquiry.
Mr. Odio: All I wanted to add is if the Affirmative Action Board wants to
look into the matter, I don't care. The more people that want to look into, I
don't care. As long as we get to the what happened and the truth comes out, I
don't care.
Ms. Weldon: We're going to go through it legally, air.
Mayor Suarez: And I want to may, for myself, that when I discussed it with
the Manager, he took the same attitude with regards to my own inquiries which
I have been conducting and I appreciate that because it shows that you don't
necessarily want to limit yourself to a particular procedure to get at the
truth of the matter but are willing to follow more than one.
Mr. Odio: And, as far as the question of John Glass, Commissioner Dawkins, we
are close to a solution, but, unfortunately sometimes... and I will reiterate
that I agree with the Civil Service Board that if we don't follow the proper
procedure, we have to undo the wrong that was created. But I just asked
Angela Bellamy a few minutes ago that I want to know and Mielke, when I
correct one problem, how many others I'm going to create because there are
other employees in the same conditions and if I correct Mr. Glass, I might
create another three, so I just want to know when I make a decision and bring
it to you, what the down side will be and...
Mayor Suarez: Maybe by the time you report fully on this...
Mr. Odio: ... No, no, just that, that's all. I just wanted to... I owe that
for...
Mayor Suarez: ... then you will have come up with a perfect solution that
doesn't create additional problems. Lori.
Ms. Weldon: In response, Mr. Manager, you know, we want to do it legal way,
we don't want anything coming back to haunt us. OK? But, secondly, my
statement is, I want you to know that this goes beyond affirmative action.
What I have just submitted to you are three applications filed by one
individual. Two of which states that she is a high school graduate. One says
the highest grade she completed was eleven and she's still employed. That's
falsification of an application, that's perjury. That's a misdemeanor, OK.
Secondly, there has been accusations or allegations made that a register was
closed on a position then secretly reopened and then reclosed. That's another
allegation that needs to be looked into in this department.
Mayor Suarez: Yes, there are a lot of openings and closings of registers that
we're very interested in.
Ms. Weldon: Thirdly. There has been brought to my attention loans made to
certain individuals at zero percent interest while others are charged 8
percent. And, in one particular case, one single male was given location
housing four bedrooms, two bath, family rooms, etcetera, charged zero percent
interest, OK? In the case where a black female applied with four children...
Mr. Plummer: Whoa, whoa, whoa, whoa, whoa...
Mayor Suarez: That's a very serious allegation there, we'll...
Mr. Plummer: Wait a minute, whoa, whoa, let's go into that a little bit
further. Don't skip over that one.
Who in the hell gave
who what and why?
INAUDIBLE COMMENTS NOT ENTERED INTO
THE PUBLIC RECORD.
Mr. Plummer: No, no, no, don't make
allegations like that because we're going
to read about it in tomorrow morning's
paper.
Me. Weldon: Sir, sir, I have the documentation.
I believe your department or
e
office needs to -.heck into what
is going on as far
as that respect is
concerned. I would not stand up
here and make such
a statement lightly
s
because I realize the reprisals of such.
f
261
January 12, 1989
i
Mr. Odio: That should have been turned over to the State Attorney's office
since it's a criminal...
Mayor Suarez: Yes. Well, first...
Ms. Weldon: My sentiments exactly.
Mayor Suarers First discuss with the administration, because you're going to
need additional proof of everything that you've stated on that one...
Ms. Weldons This is true.
Mayor Suarez: ... and I'm sure that, unless you're a one person investigating
team and really have all the corroborating proof that you need, but...
Ms. Weldon: Right, right...
Mr. Plummer: Are you say...
Ms. Weldon: .. I realize, but what I'm trying to get across to you...
Mr. Plummer: Are you saying that this was a loan made by our Housing
Department?
Ms. Weldon: Yes, I am.
Mr. Plummer: At no interest.
Ms. Weldon: At no interest.
Mayor Suarez: But we have some loans with no interest.
Mr. Plummer: And you have documentation?
Ms. Weldon: Yes. However, this... I could accept this for a person that
looked like they could not afford to pay interest but for a single man to
require such residence while a woman with four children is placed into a two
bedroom, one bath place, and charged 8 percent and one daughter is disabled
and she is head of household. That's kind of... that leads to be kind of
strange.
Mayor Suarez: Have you pursued these to the extent of being able to say that
and be sure that...
Ms. Weldon: Sir, I have pursued it to the extent that I can say it but as far
as being within legal ramifications and not being to investigate it, believe
me, I could dig up more.
Mayor Suarez: We will, we will and we appreciate your helping to get it this
far along.
Mr. Odio: Mr. Mayor, because, you know, Ronnie is sitting back there and we
give...
Mayor Suarez: It's a very general allegation, she hasn't even given any names
or anything and we'll pursue it, we'll pursue it.
Mr. Odio: Let me say because I think she's misinformed. We give out
hundreds, according to them, hundreds of loans at zero percent, hundreds.
Mayor Suarez: She's saying that someone that apparently is not worthy of
receiving one of those, received one and someone also, you know, who should be
receiving that kind of a loan didn't, you know, no we ought to check that
discrepancy.
4
Mr. Odio: Well, fine, I think she should turn it over to the - I truly
believe that if she has a criminal allegation, she call Janet Reno...
t,
Mayor Suarez: That's may not be a criminal allegation, it just may be
favoritism, it may be a mistake, it may be negligence, it may .be a lot
things but we'll check into it.:
t �.z..r
262 January 12, 199;
Ms. Weldon: Thank you.
Mayor Suarez: OK.
Ms. Weldon: OK. May I request that at this point in time you do set a limit
to as when this office that's presently in...
Mayor Suarez: I think we're asking for the Manager to report back to us.
Mr. Odio: We'll have it ready...
Mayor Suarez: Did you intend at the next Commission Nesting?
u
Mr. Odlo: January the 26th.
ij
Mayor Suarez: Very quickly.
Ms. Weldon: And if all matters are not resolved satisfactorily, a board of
Inquiry will be appointed.
Mayor Suarez: It sounds that way.
Mr. Dawkins: No, we will decide it... yes...
Mayor Suarez: It sounds that way. Anything further?
Mr. Odio: OK. Hattie says that she wants to have a complete report, she
prefers to have it on February the 9th. Is that what you said?
Mr. Dawkins: No, I - no, no, no...
Mayor Suarez: Take an incomplete report on January twenty....
Mr. Dawkins: No way. You see... —
} Mr. Odio: Make a report on the 26th.
Ms. Daniels: I could make a preliminary report. We have interviewed 16
people and all those tapes have to be transcribed. You know, you're looking
at a large volume of documents and a number of employees. Eventually, 21 _
people will be interviewed. We had one interview that lasted 8 hours on
yesterday so this is not something that we can have back for you on the 26th.
Mr. Dawkins: Dr. Daniels, I was at the budget hearing when the Manager asked,
Is it anything anybody needs and I was there when you told the Manager, yes,
sir, I need more personnel. The Manager did not give you anybody else, that's
not my problem, OK? That's your and his problem, I want this back at the neat _
meeting. I don't care how you all do it.
Mayor Suarez: OK. We'll get a report the next meeting. That's in the form
of a motion. You seconding it? Call the roll.
{ The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 89-78
A MOTION INSTRUCTING THE CITY MANAGER TO REVIEW *t
ALLEGATIONS MADE CONCERNING TWO EMPLOYEES OF TIM
HOUSING CONSERVATION S DEVELOPMENT AGENCY, WILMA x Z
WILCOX AND JOHNIE MAE BARBER, FURTHER DIRECTING THE
MANAGER TO PRESENT AT THE MEETING FOR THE COMMISSION'$ '
CONSIDERATION ALL JOB ANNOUNCEMENTS ISSUED IN''`
CONNECTION WITH SAID POSITIONS; FURTHER REQUESTING A a Ka
STATUS REPORT ON MR. GLASS' CASE; AND, rURTHER kr rj _A
REQUESTING 'A FULL REPORT ON PERSONNEL" RELATIONSiz
PROBLEMS IN THE FIRE DEPARTMENT AND A FINANCIAL REPORT
ON THE HOUSING AGENCY.,
-
'` Uponbeing seconded by Commissioner De Yurre,` thovmotipn Kas'.pa;s`¢ s dsgf
adopted by the following vote;
263
u
i
. •..1. .. �r _.tea �. �.�.
A119f C6 missi6fter J. L. PlUMbrt Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
#0138: None.
ASSENT: None.
Mr. lrernandet: So, Mr. Mayor, you're not interested in considering s:y
resolution that will constitute you into a special board of inquiry? r=
Mr. Dawkins: Not until we get ready to be one.
r.
Mayor Suarez: Not at this Commission Meeting today but very possibly at the
next one, so keep it handy, please.
02. REFER TO CITY MANAGER COCONUT GROVE LOCAL DEVELOPMENT CORPORATION'S
REQUEST FOR WAIVER OF SURCHARGE ON TICKET SALES REGARDING JAMAICAN
HURRICANE RELIEF EVENT.
-----------------------------------------------------
��M�----
Mayor Suarez: David Alexander, what do you have?
Mr. David Alexander: Mr. Mayor, Mr. Vice Mayor...
Mayor Suarez: Cloaeout report. You closed it out ad made a lot of money?
Mr. Alexander: Well, we made some money. I'd like to thank the City for
everything they've done to help us. Currently our bank account, if we paid a
75 cent surcharge to the City, would stand at $11,400 and the committee met
and has decided to forward the funds to the Kingston Public Hospital in
Jamaica. We're asking if the City would accept their payment for the 75 cent
surcharge from us, and to donate it back to the committee in order for us to have an additional $4,000, which we would like to have an orphanage in
Kingston, which was totally demolished, with those funds. The Commission
agenda does say we're requesting a waiver. We're not requesting a waiver. We
are just asking that the City donate that 750 per ticket back to City of...
Mr. Plummer: Well, David, let me remind you that you can't spend any of that _
money without City Commission approval. —
Mr. Alexander: That is why I am here tonight. Commissioner, because we need
your permission.
Mr. Plummer: Well no, no, the initial $11,000 you can't spend. =�
Mr. Alexander: That's right, that's why I'm here to give the report and ask
your permission to release it with the additional funds if you give it to us.
Mr. Plummer: Well, where is the 611,000 going?
Mr. Alexander: The $11,000 is going to the Kingston Public Hospital with your
approval.
>3
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Mr. Plummer: And do we have any documents from them, accepting or rejecting?
h
Mr. Alexander: Well, I can't make those documents until YOU —give s-
permission because you clearly stated that you would like to have reviax r
"before we release any funds. t 3
,rs
Mr. Dawkins: What did we give you already, Mr. Alexander?'..
Mr. Alexander: You waived $2,000 for the park fee, sir.
'Mr. Dawkins: All right, and now you are asking us to wAive.,,,to��oggtp
back? r
-264
97
} ,
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Mr. Alexandar: The 73 coat our...
Mr. Dawkins: Now butte door it dMG tot
Mr. Alaxandere $4+010.
Mr. Dawkinae Wall, what's wrong with your sending
giving us our $4,0007
Mr. Plummer: No, that's not the point.
Mr. Alexander: No, we don't need to do that, air.
Mr.
Plummer:
They are going to give us $11,000. It's an additional
$4,000 on
top
of that.
y
Mr.
Alexander:
It's an additional $4,000.
Mr.
Dawkins:
Beg pardon?
Mr.
Plummer:
It's $11,000 without the surcharge. - What he Is asking-
is td
make it an additional $4,000 by waiving the surcharge.
Mr.
Dawkins:
And make it $15,000?
Mr.
Plummer:
Yes.
Mr.
Alexander: You, sir. What's happening, Commissioner, is that
the funds
that are remaining, after all the bills are paid, including the City
of Miami,
will be $11,000. I am saying to the City of Miami that we have
spent on
behalf of the
City, on behalf of the concert, over $16,000 already.
Mr.
Dawkins:
But you made $16,000... you spent $16,000 to make money to,`give
Mr.
Alexander:
Yes, sir.
Mr.
Dawkins:
OK, all right, so...
Mr.
Alexander:
Yes sir, to the City.
Mr.
Dawkins:
All right no, you really didn't do the City no favor.
g.
Mr.
Alexander:
Oh no, this is not a favor for the City.
{
Mr.
Dawkins:
OK, all right, so you know, this was a business deal.
y
Mr.
Alexander:
No sir, this is to raise money for hurricane relief:
Mr.
Dawkins:
Well, when you raise money, what are you doing?"
Is -:that'=
business?
�y
Mr.
Alexander:
It's charity, Commissioner.
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Mr.
Plummer:
Has there been an audit completed?
y'
} L ?Y
r. aw Us OK, all right. No, no, any time you Goal, :In, finance
_ It "a business, OK? Now, had you had a free concert,"that ld��tili
work, right?
- Mr.' Plummer: Has the audit been
completed? �..
i7.
Mr. Alexander: The concert wouldn't raise funds, sir.
Mr. Dawkins: Beg pardon?
s p�
Mr. Alexander: The free concert
wouldn't raise funds for the pat�osp;
Mr. Dawkins: The concert raised
the'funde. .
Mr. Alexander: A tree concern
would not have reined fwid
saying,.
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Mr. bawkins: We're saying.....? OK, never mind that, but and you want us to
give back $4,000 to you can send $15,000?
Mr. Alexander: Well, actually, Commissioner, the City has already been paid a
portion of this money, and I owe the City of Miami, on behalf of the
committee, some $2,500.
Mrs. Kennedy: You want us to waive half the surcharge?
Mr. Odio: Commissioner, my problem with what...
Mrs. Kennedy: Yes, but I don't know if this Commission is in that position
to...
Mr. Odlo: My problem with the seat charge is that it is pledged. Remember,
you know we pledged the seat charge to refinance the Orange Bowl renovations
and if we start giving that money back, we're going to be in trouble with our
pledge.
Mr. Plummer: Well, why doesn't this Commission take an absolute policy stand
right now that we will not and cannot waive the surcharge?
Mrs. Kennedy: Because I can see a domino effect if we approve this.
Mr. Alexander: I am not asking for a waiver, Commissioner Kennedy, I'm asking
for a donation. It is money that was raised and paid to the City.
Mrs. Kennedy: You can call it a donation, but it's...
Mr. Alexander: Yes, as a donation, not as a waiver, because I fully intend,
and the check is written to pay the City, upon the delivery of my report
tonight, the check will be handed over and you will have the funds, you
i already have half the funds.
Mr. Plummer: But David, we haven't even had the audit report yet.
Mr. Alexander: We're doing a compilation for the City, air.
Mr. Plummer: No, the City is to do an audit.
-
Mr. Alexander: The contract that we have with the City states very clearly,
Commissioner, that the City will do its own audit...
Mr. Plummer: But we've not seen it.
Mr. Alexander: Let me finish, sir... on events wherein which the City
participates by giving a grant over a certain amount of money. You gave, 'us
$2.000 and I think that the clause in the contract says $15,000, that the City
must participate in.
Mr. Plummer: That's not the point, David. How many people went, how much was
the gross take, all of that. I haven't seen any of that yet. What were the
expenses? Who were the expenses paid to? That's all part of that scenario.
Mayor Suarez: And by the way, the key thing apparently, besides the
accounting that he wants to request is a waiver of the surcharge, and no
mutter how worthy your cause is, and I can't think of any that's more worthy
than this one, we, I don't think, are going to be in a position to establish a
precedent, you know, for waiver of surcharges. That's in there, and you know,
we might as well turn around and just give the money to whatever good Cause
_
comes along.
Mr. Alexander: That is why I phrased it the way I did sir, because I realize
the City won't set a precedent like that and that's why I'm asking you if you'4_
would just donate it back.
��—
Mayor Suarez: I think what the motion to be made In give 4& a coe►pleta
7z��
accounting, delegate to the Manager authority to approve.,..
s
Mr. Plummer: That's part of the contract.
r
27,
ebb .iinuary ��,��r "yTak
Mayor Ruares:
h6v waiting.
..t the rending of the monies to the hospital and ftrt"6 fi
Mr. Plummer: What was the gross taken in?
Mr. Alexander: Approximately $70,000, Commissioner.
Mr. Plummer: $70,0000
Mr. Alexander: That was everything, that's all the money that calls in.
Mr. Plummer: And what you are saying is, you are saying that $55,000 went tar
expenses?
Mr. Alexander: Yes, sir, absolutely.
Mr. Plummer: Wheel
Mr. Alexander: And every penny is... you see what happened, we were promised
free air and transportation for the artists and the day before the event, the
airline informed us that there was going to be a fifty percent charge. so
thousands upon thousands of dollars went right there. We had projected in our
original budget 8,000 at the gate. What you are looking at is the computation
based on the tickets taken in at the gates and the serial numbers.
Mr. Plummer: Let me see a copy of the computation, please.
Mayor Suarez: Would you please allow us to refer this to the Manager to look
at and you can look over his shoulder if you want, Commissioner, so we can try
to get a few more items done? We are approaching the magic hour. You can
sign off on it, if you want. We've give you the... and build that into the
resolution.
Mr. Alexander: The fence alone for the park cost $3,000.
Mayor Suarez: Please, pleaset Davidt That all right, J.L?
Mr. Plummer: Yes, fine.
Mayor Suarez: OK, make it in the form of a motion, please:
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: What's the motion?
Mayor Suarez: The motion is that the Manager will review the accounting and
Commissioner Plummer will additionally review and sign_ off on it. The ticket -
surcharge is not waived or paid or anything. by the City. So moved and
seconded. -
Mr. Dawkins: Now, this In to valve the surcharge?
s
Mayor Suarez: No, we don't.
Mr. Plummer: No, can't.
Mayor Suarez: Call the roll. 3,
The following motion was introduced by Commissioner Kennedy, +rho saved
Its adoptions Nsh.
MOTION NO. 89-79 —
A MOTION REFERRING TO THE CITY MANAGER THE CLOSEOUT
ter
REPORT FROM COCONUT GROVE LOCAL DEpgWpM=
CORPORATION PETITIONING A WAIVER OF THE SURCHARGE ON
THE TICKET SALES REGARDING THE "JAMAICA HURRICANE
r RELIEF" EVENT] FURTHER DIRECTING THAT COlIMISSIONgR . R
J.L. PLUMMER IS TO ALSO REVIEW AND ULTIMATELY SIGN OFF
ON IT IF COMMISSIONER PLUMHER DEEMS IT APPROPRIATS"' .
2` -
2677
L
- -- A
t.,
Upon being seconded by Commissioner P1uMrner, the motion *&a Vaned _and
Aftted by the following +vote:
Met Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins_
Vice Mayor Victor De Y'urre
Mayor Xavier L. Suarezur -
NORSt None.
ASSENT: None.
--------------------------------- a.-------�rrrri�rri�r�r
NOTE FOR THE RECORD: At this point, Agenda item 80 was called and %.
the record reflected no appearance by interested parties.
-------------------------------------------------------
93. AUTHORIZE TEMPORARY SPECIAL DOCKAGE RATES AT CITY MARINAS TO ACCOMMODATE
VESSELS SCHEDULED FOR BERTHING AT BISCAYNE BAY MARRIOTT MARINA.
Mayor Suarez: Item 81. Biscayne Bay Marriott, discuss temporary relocation of
approximately 150 boats.
Mr. Plummer: Mr. Mayor, they are making a recommendation that they. .can
accommodate 90 boats at 50 cents per foot. It's a good deal for this City -
It is during the Miami Beach Boat Show. I move it.
r
Mayor Suarez: Moved.
Mrs. Kennedy: Yes, since we are talking about so many boats, I agree, it Ia.a
r;
good deal and I second.
Mayor Suarez: Seconded. Any discussion? Call the roll.';
The following resolution was introduced by Commissioner Plummer., whoa a
moveditsadoption:
RESOLUTION NO. 89-80
4 3S
A RESOLUTION AUTHORIZING SPECIAL DOCKAGE RATES AT CIT7tf�z.
MARINAS FOR THE ACCOMMODATION OF VESSELS SCHEDULED FOR.,
BERTHING AT THE BISCAYNE BAY MARRIOTT MARINA
_ RATES TO BE IN EFFECT BETWEEN FEBRUARY 12 1989 'AND
FEBRUARY 27, 1989. �ts-
kLa
(Here follows body of resolution, omitted here and'on a'rF
file in the Office of the City Clerk.) 4W.
Upon being seconded by Commissioner Kennedy, the resolution was phased. «�
and adopted by the following vote:
r 4 H
AYESs Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins =
Vice Mayor Victor De Yu.€rer=
Mayor. Xavier L. Suarez � y �� R ' ,
NOESgs61—
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- � 4 tk o•+ t"t thr ' A* �5!„r''� tick a��� ��a��3�5 ,. �'�` I _
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94. REJECT UNIFIED DEVELOPMENT PROJECT PROPOSAL SUBMITTED BY FLAGL$R
LANDMARK ASSOCIATES REGARDING PROPOSED RENOVATION AND REDEVELOPMENT OF
GUSMAN CENTER/OLYMPIA BUILDING - due to Off -Street Parking Board's
decision not to proceed.
Mayor Suarez: I think that of the items that the Commissioners have
requested, so we can try to get to a couple of public hearings at the end, or
one at least, perhaps the only one we ought to take an action on finally,
Jack, I see you back there falling asleep. Is there any Commissioner that has
any doubts that we ought to clarify our intent to not go through with the
Gusman-Olympia renovations?
Mr. Plummer: What item are we on?
Mayor Suarez: I think this is a foregone conclusion, but item 93, I think we
ought to give a clear signal that this Commission does not intend to fund the
renovation of Gusman-Olympia.
Mr. De Yurre: I think what's important Mr. Mayor, is that...
Mayor Suarez: With the plan that was before us, at least not at this point,
maybe...
Mr. Rodriguez: And also we made a recommendation that you instruct us to use
the funds that we applied for under the Sunshine... whatever, to use them for
some other purpose.
Mayor Suarez: The money that was borrowed from the Sunshine State pool and
that is sitting there in an account waiting to be paid back, yes, and that's
available at low interest rates.
Mr. Rodriguez: Low interest rate on which we haven't so far.
Mayor Suarez: OK, we'll build that into the motion.
Mr. De Yurre: Something, Mr. Mayor, we need to address also, is the fact that
Flagler Landmark went into a great expense on the belief that, and the
commitment that Off -Street Parking would go ahead with this project and rent
70 percent of the building and I can see it coming that a lawsuit is going to
come, I can see it coming down the pike. I suggest that Off -Street Parking
Authority get together with this company and work out some arrangement to
where we can make them, or they can make them as whole as possible so we can
avoid it. 1 don't think that the City of Miami...
Mr. Plummer: Whoa! I refer you to the minutes of the meeting in which this
application, which was stated by Mr. Cardenas, on behalf of Landmark, who said
if you go forth with this and it doesn't gel at the and, I guarantee to the
City that there will be no expenses. It's in the minutes, I demanded it
before the vote was taken and I call your attention to those minutes in which
that was stated by the applicant.
Mr. De Yurre: If there had not been a commitment by Off -Street Parking to
rent 70 percent of the building, we never would have gone beyond that point
and I think when there's...
Mr. Plummer: Well, all I'm saying to you is, that we made it very clear that
day, that for whatever reason that project did not go forward, that there
would be absolutely no expense to this City.
Mayor Suarez: I'd be interested in hearing the theory that the attorneys or _
anyone else have, why they should be compensated at all and absent any such
claims, you know, I don't think we should be in a position to recommend:
anything whatsoever by way of any compensation. We are involved in a lot of
situations where people bid. I think they were the sole bidders, were they
not, or were they the successful bidders?
Mr. Rodriguez: The sole bidders.
269 January 12, 190QQ ''.
Mayor guarett the sol* bidders and t think they know that we had expressed
all al6ing that if we at any time decided not to go through with it, regardless
of what appeared to be a commitment form the Off -Street Parking Authority,
that there would be no damages or reliance by them on it, and that doesn't
man that maybe something else cannot be worked out, but I don't think we are
In a position right now to make any recommendations at all.
Mr. De Yurre: Well, I don't want to be in a position where they come after
the City, whether they have legal basis or not, so the message that I'm
sending In for Off -Street Parking to make sure that that doesn't happen.
Mr. Plummer: Pull those minutes.
Mayor Suarez: Right, to the extent that you are able to, and Mr. City
Attorney, off the top of your head, do you see any reliance rights there?
Mr. Fernandez: I do not.
Mayor Suarez: Sven though the passage of time was long, and you know, at all
times it was clear that we could at any time step back from the proposal. OK,
do we need a motion, then, that frees up the Sunshine State pool allocation
and that otherwise states that we are not going through with this project at
least at this point?
Mr. Fernandez: Yes you do.
Mr. Plummer: And that we have the right, do we, to transfer it from the
Olympia Building over to other City uses without the Sunshine approval?
Mr. Fernandez: No, we do not have that right. We must communicate...
Mr. Rodriguez: No, we have to communicate with them and have a project that
will be acceptable to them.
Mayor Suarez:
Subject to their approval
of a new project.
Mr. Fernandez:
That's right.
Mayor Suarez:
OK, I entertain a motion
to that effect.
Mr. Plummer:
Yes, we are taking it off
of the Gusman and
now we will resubmit
to them other
projects for that money.
Mr. Rodriguez:
For that money, that's correct.
Mayor Suarez:
Do we have a motion?
Mr. Plummer:
Yes.
Mayor Suarez:
Seconded, call the roll.
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The following resolution was introduced by Commissioner PluMsto AP
moved its adoption:
RESOLUTION NO. e9-81
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO REJECT THE UNIFIED DEVELOPMENT PROJECT
PROPOSAL SUBMITTED BY FLAGLER LANDMARK ASSOCIATES TO
THE CITY AND TO THE DEPARTMENT OF OFF-STREET PARKING
("DOSP") IN CONNECTION WITH THE PROPOSED RENOVATION
AND REDEVELOPMENT OF THE GUSMAN CULTURAL
CENTER/OLYMPIA BUILDING DUE TO THE NOVEMBER 18, 1986
ACTION OF THE DOSP BOARD BY WHICH THE BOARD DECIDED
NOT TO PROCEED WITH THE UNIFIED DEVELOPMENT PROJECT,
THUS WITHDRAWING ITS SEVENTY PERCENT COMMITMENT TO
OCCUPY TENANT SPACE AND FOR PAYMENT OF 70% OF THE DEBT
SERVICE OF THE SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION ("SSGFC") LOAN AND 70% OF THE OPERATION AND
MAINTENANCE COSTS FOR THE OLYMPIA BUILDING, AND ALSO
DUE TO THE UNAVAILABILITY OF ANOTHER QUALIFYING TENANT
TO LEASE THE REMAINDER OF THE SPACE I THE OLYMPIA
BUILDING.
(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.
95. ACCEPT RENTAL REHABILITATION PROGRAM
GRANT FROM HUD (4686,000) to
increase supply of affordable standard
housing for low income families.
- Mr. Dawkins: Mr. Mayor, we got a resolution.
= Mayor Suarez: Yes.
Mr. Dawkins: May I go through it? (COMMISSIONER DAWKINS READS RESOLUTION INTO
THE PUBLIC RECORD. SEE R-89-92 HEREINBELOW)
I so move.
Mayor Suarez: So moved.
•' Mrs. Kennedy: Second.
Mr. Plummer: Second.--
.'�-
Mayor Suarez: Second. Call the roll.
{
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271
The following resolution was introduced by Commissioner Dawkins, Mho
moved its adoption:
RESOLUTION No. 89-82
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
RENTAL REHABILITATION PROGRAM GRANT FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR
$686,000 TO INCREASE THE SUPPLY OF AFFORDABLE,
STANDARD HOUSING FOR LOWER INCOME FAMILIES; AND
FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT THE
PROGRAM DESCRIPTION TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT FOR APPROVAL.
(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.
96. REJECT PROPOSED ONE-WAY TRAFFIC CONTROL MEASURES IN THE BAY
HEIGHTS/NATOMA MANOR NEIGHBORHOODS.
-
Mayor Suarez: Yes, I'm disposed to take up item 100, I think you have been
waiting for a long time and maybe we can get this resolved before... in the
next seven minutes. Jim, where are we on this?
Mr. Jim Kay: Mr. Mayor, members of the Commission, we met with the home
owners in December. We presented the proposal to them for one-way streets and
for restriping an additional lane south -bound on South Bayshore Drive.
-
Overwhelmingly, the property owners were opposed to both proposals and we took
one other vote count and that was how many people were in favor of just
keeping the patterns the way they are, doing nothing. Eighty-seven to zero,
87 property owners were there, it was 87 to zero in favor of that. Eighty-
seveo to zero believe in more greater enforcement of the existing signage.
Mr. Plummer: But we don't et it that's the g , problem. Is the Manager going
to assure us that we're going to get more enforcement?
Mr. Rodriguez: Yes, sir.
Mayor Suarez: What about that van that's sitting up there at the entrance
to...
-
Mr. Plummer: I spoke to the Police Chief today, that's going to be moved on a
weekly basis.
Mayor Suarez: OK, and, well, I don't want to say publicly what I'm think iAg
that it is not accompanied by any particular visible officer, is it it? It's
t
-
kind of like the one that is sitting by my house, in case anybody to
_
wondering.
Mr. Plummer: The Trojan horse.
{
Mayor Suarez: Just ruining my grass right now. OK, do we . need to take any
particular action? Does that settle it?
Mr. Kay: I believe so, I think that's it.
-
272�
Mr. De Turret Mr. Mayor.
Mr. Plummer: Wait, a minute, you got the video camera guy here, he wants to
scream and holler.
Mr. Tony Asbury: My name is Tony Asbury, I live on 2645 Halissee, and I live
right on the corner of Noe -a -tee and Halissee and I have a five year old that
just turned six. I hope he will turn seven. We have seven children on Noe -a -
tee and what has happened when we changed to one May, two years ago, is we
have all Mercy Hospital and half of Bay Heights coming through Not -a -tee
trying to get to 17th going south. I'd like to address this problem because I
have a camera and in a two hour period I filmed at least 100 cars going past
my house. Now, I don't understand this, but we've got a really serious
problem here with a lot of cars going by with a lot of children. Could you
address that. Could you answer me why we changed to one way when you turned
the stop signs on, put all the stop signs in.
Mr. Kay: If you are referring to the plans...
Mr. Plummer: In other words, Alatka used to be one way going...
Mr. Asbury: Going east.
Mr. Plummer: Going towards Bayahore.
Mr. Asbury: Going towards... yes.
Mr. Kay: OK, and it's now changed, right, because...
Mr. Asbury: It is now changed. Could you tell me why you did that?
Mr. Kay: I have to plead ignorance on that. It was done some years ago, as I
recall, OK.
Mr. Asbury: Two years ago, yes.
Mr. Kay: OK, I do know that it's one way in that direction. I believe the
Mercy Hospital crowd, when they come out of the hospital, they go across that
light there, at their entrance, head north and then cut into 17th Avenue.
Mr. Asbury: I'm sorry, they go, yes, they go down Noe -a -tee.
Mr. Kay: Right.
Mr. Asbury: And they go into 17th, and if you want to put some, you know,
counters there, you'll be able to verify it, or you can look at my video.
Mr. Kay: What I am saying, they head north up Alatka Street, is what they do,
a=
from the hospital.
j:
Mr. Plummer: Well, you are saying north.
s
Mr. Kay: Well, all right, to the west, westerly, up Alatka Street, simply
because they can't make a left turn on Bayahore Drive at that location,
because the traffic is stacked, I'm talking about afternoon traffic, so they
head north and then they will cut over towards 17th Avenue... I said north
again, west... they cut over towards 17th Avenue along Tigertail.
- Mr. Asbury: Right, of course. So, do you want them to go to the light, or do
you want them to come right through all these stop signs that they don't stop
G
at, and we have seven children under seven years old on those streets", you =
know, playing at a time they all get off, and none of them stop at -the -stop
signs. I can't let my child play out on the streets anymore. Now, you
play on the sidewalks, you can't do it, because these people don't stop ::and
there's a lot of traffic through there. Could you, you maybe put the one 'way
l.
back where it was, where it had been for five years?
Mr. Kay: I believe this would probably take another hearing to do that sad`
you know, we had our meeting. Were
y � g you at the meeting in . peeetabert
c �
_ 273Fy
Mr. Asburyt I tried to make the meeting. I wish that maybe we could have a
vote where you would send out the ballots to our houses like you did the last
time we changed the stuff, you know? - the last time we had the stop signs and
the barricades, you sent out ballots, I think, right?
Mr. Kay: No, the last mailout was for the one-way streets and for the
restriping of South Bayshore Drive and we did not put ballots in those, we
just announced the property owner meeting and this public hearing.
Mr. Asbury: That's right and it was to be a discussion. I didn't know they
were going to have a count. It was going to be a discussion of what was going
to happen. The hearing was what I was concerned about. That's one reason I
wasn't there and didn't get up and speak.
Mr. Plummert Let me tell you something for the record, OK? I don't live on
Tigertail and Halissee and I would not live on Tigertail, but I want to tell
you it is atrocious. If you stand there in my garage in the afternoon, those
people have no respect for those stop signs at all. They go through there s-
helling. Let me tell you, if you really want the raceway from 17th Avenue,
there is no stop signs or anything until you hit Aviation. Those cars are
doing 50 miles and hour, 60 miles an hour) Now, you know, I'm not going to
fight my neighbors. I brought this matter to this Commission because a group
of them approached me before. My street is not all that bad, his is badl
Tigertail is worse, and yet, we're told there is nothing can be done about it,
it's a matter of enforcement. That's fine, where is the enforcement? Now,
you know, you tell me you can't put a policeman on every street corner, and I
don't disagree with that, but if you're telling me that you can't do anything
in the way of a pattern, that it's enforcement and they're telling me they
don't have the men to enforce it, then you are saying to me, hey, you bet your
life? All right, you know, it just doesn't seem to be any... 3,000 cars a day
by Metropolitan -Dade County standards is passing the intersection of Halissee
and Tigertail in a 24-hour period) It's ridiculous. It is ridiculous!
Somebody is going to get killed, I'm going to tell you.
Mr. Asbury: If I can just say one thing. My son has been hit by a car and on
a street not in the neighborhood, but close by. We moved back to this
neighborhood, after two years of being away because it has a sidewalk and I
still can't let him walk on the sidewalk because of this, the amount of
traffic and I wish that maybe you could just stop the traffic coming through
the neighborhood by putting the one way back on Alatka.
Mr. Kay: Well, I'm afraid we'd be into another full blown hearing. We met
our...
Mr. Asbury: I mean, it was there, I don't understand why you took it out.
Unidentified Speaker: Can you give somebody else a shot?
Mayor Suarez: Well, isn't it basically going your way right now or...?
Unidentified Speaker: No.
Mayor Suarez: No? I mean other than the fact that you haven't been heard.
Mr. Herb Simon: Do you want to finish?
Mr. Asbury: No, go ahead.
Mayor Suarez: No, no, please.
Mr. Herb Simon: OK, Herb Simon, 211 Shore Drive South. I am here tonight
representing what's left of the Bay Heights Improvement Association. Most of
these folks had to go home by now. I feel sorry for you guys up there, and
girl. Anyway, this is one thing that really united Natoma Manor and Bay
Heights when the proposed traffic plan came up, and as you know, as far as I
know, every resident, and both of those subdivisions was sent a notice to
appear before Jim Kay and he conducted the meeting that night. As he pointed
out, I think there was 87 people here, it was unanimous in the decision, we do
not want the plan that was presented, so we're in... and J. L., you mentioned
about enforcement, I think that's all it is. The City could make a lot of
money by having policemen out there to enforce those stop signs and I think
that would take care of the traffic situation, but please, we ask you to vote.
274 January 12, 1989
down the plan, the oneway plan that was submitted. That's what we are here
for tonight, thanks.
Mayor Suarez: Jim, is that your feeling?
Unidentified Speaker: You, and I have the signature of 43 additional in ;-
addition to the 87. People simply ask the Commission to agree with the 87
plus the 43.
Ot
Mayor Suarez: Do we need to make a motion, or In the plan dead already? =r
t
Unidentified Speaker: We would love a motion so we could report back that's
It's over. '''
Mayor Suarez: No, well maybe as an attorney you could tell us what to do,
but...
Mr. Plummer: Where do these 43 live?
Unidentified Speaker: Almost all in Natoma Manor. Some of them in the area
on Tigertail, just west of 17th Avenue. They are people who feel the traffic
would come up Bayshore to 17th and up to Tigertail and use that.
Mayor Suarez: OK, Commissioners do you want to make a motion? Al?
Mr. Albert Beer: May I make one fast comment? My name is Albert Beer, and I
live on Alatka Street, 2890 Alatka. I've lived there since 1954. I have -
great sympathy for the gentlemen on Noc-a-tee, but I have children who lived _
on Alatka, there was traffic then too. It was my responsibility to keep my
child on the sidewalk, not in the streets. Now, I understand the problem,
however, I was very happy when we had a few cars. We have a lot of cars now.
It is my contention that these are public streets and the people have the
right to use the streets. I'm unhappy because they disturbed me, however I am
willing to accept it. I live there, that's part of the cost of my living
there, and I'm willing to accept that. I'm totally opposed to the concept of —
these one-way streets because I think in that case, the medicine is worse than
the curet I mean, the problem that we have is not going to be cured by one-
way streets so that we cannot get into the area. It is part of the problem
that we must live with. I think the enforcement approach is the only way that
we can solve the problem, if it is solvable. I don't think the one-way street
proposal, which was unanimously voted down by the people, the property owners -
that were here at the time about a month and one-half ago, totally rejected it:
and I think that somewhere along the line some sacrifices have to me made. by
accepting what is inevitable. There were tremendously good arguments made
that if we tried to widen the streets, it would just bring more traffic in.
The fact is, the problem is, that people who live in South Dade, they want to =
get home and there is no other way to get home and we who live in Natoma
Manors and Bay Heights have to accept that.
Mayor Suarez: I'll entertain a motion to scrap the plan. ■
i
Mr. Plummer: So moved.
Mayor Suarez: Moved.
Mrs. Kennedy: Second. ;Y
Mayor Suarez: Second. Call the roll.
The following resolution was introduced by Commissioner Plummer, who_
moved its adoption:
RESOLUTION NO. 89-83
A RESOLUTION INSTRUCTING THE CITY MANAGER TO REJECT
FROM FURTHER CONSIDERATION THE PROPOSED ONE-WAY`;�z r
TRAFFIC CONTROL MEASURES IN THE BAY HEIGHTS/NATOMA `
MANOR NEIGHBORHOODS. St
(Here follows body of resolution, omitted here and on _
file in the Office of the City Clerk.)
CITY OF MIAMI
aO lMENT INDEX
M r
6 wool, 0.
.f�0 manna
ACCEPT DONATION OF ONE PORTABLE BATTING
CAGE FROM MIAMI DADE COMMUNITY COLLEGE
WOLFSON CAMPUS —FOR PARKS DEPT.
1989 NATIONAL CONFERENCE OF THE
AMERICAN SOCIETY FOR PUBLIC
ADMINISTRATION (ASPA): ALLOCATE $10,000
FROM METRO—DADE TOURIST.BED TAX.
YOUNG TECHNOLOGIES GROUP, INC.:
AUTHORIZE PURCHASE OF 3 PUMPER
APPARATUS, 2 QUINT APPARATUS AND
RELATED FIREFIGHTING TOOLS AND
EQUIPMENT FOR FIRE DEPARTMENT.
ACCEPT BIDS: BALADO NATIONAL TIRES,
FEDAN TIRE COMPANY, MARTINO TIRE
COMPANY MIAMI TIRESOLES, INC., AND
PALMETTO KAWASKI FOR FURNISHING
VEHICLE TIRES AND TUBES.
ACCEPT BID: HORIZON INDUSTRIES TRAILER,
INC. FOR FURNISHING 3 HORSE TRAILERS
FOR GSA DEPARTMENTO.
ACCEPT BID: PANDICK MIAMI. FOR
— TYPESETTING THE COMPREHENSIVE ANNUAL
REPORT FOR GSA DEPT./GRAPHIC
REPRODUCTIONS DIVISION.
_ ACCEPT BID/AUTHORIZE EXECUTION OF
CONTRACT: MANTELL ENGINEERING
CONTRACTOR, INC. FOR LOCAL DRAINAGE
PROJECT E-57, PROJECT NO. 352251.
ACCEPT COMPLETED WORK: MIRI
CONSTRUCTION CO. INC. FOR LOCAL
DRAINAGE PROJECT FLAGLER STREET REPAIR
u-SR PRnARCT NO. 352232.
4m
JANUARY 12, 1989
POD 1 cr
89-3
89-4
89-5
89-6.: -
89-7
sr
89-8 rt.
� G S
QQQQ p f �Y
4
S rye,
w.Ye s
DOCUMENT 1NDEX
ACCEPT 6 DEEDS OF DEDICATION FOR
HIGHWAY PURPOSES.
30TH ANNUAL ARTIST'S DAYS FESTIVAL
VIZCAYA MUSEUM AND GARDENS: AUTHORIZE
STREET CLOSURES.
PHILARMONIC ORCHESTRA OF FLORIDA:
BENEFIT CONCERT AT BAYFRONT PARK
AMPHITHEATER FOR WOMEN'S PLACE
SHELTER.
BORINQUEN HEALTH CLINIC: ALLOCATE
$6,500 FOR PARKING COSTS AT MUNICIPAL
LOT NO.56 LOCATED AT N.E. 38 STREET.
1989 COCONUT GROVE ART FESTIVAL:
�" •rririi
Ty -7•. • . •
89-Its
89-11
1
89-12
89-13 —
k
CORRECT SCRIVENER'S ERROR. CHANGE
EVENT'S DATES.
89•-14='.
ACCEPT BID: BALADO NATIONAL TIRES,
FEDAN TIRE COMPANY, MARTINO TIRE
COMPANY MIAMI TIRESOLES,INC. AND
PALMETTO KAWASKI FOR FURNISHING
VEHICLE TIRES AND TUBES.
89-17h-}
YOUNG TECHNOLOGIES GROUP, INC.
'
AUTHORIZE PURCHASE OF 3 PUMPER
APPARATUS, 2 QUINT APPARATUS AND
RELATED FIREFIGHTING TOOLS. AND
EQUIPMENT FOR FIRE DEPARTMENT.
89=18f
f t
ACCEPT PLAT: PAPPAS SUBDIVISION
89-19 fp
,•rig
SOUTHEAST OVERTOWN/PARR WEST COMMUNITY
REDEVELOPMENT AREA: UNIFIED
DEVELOPMENT REQUEST FOR PROPOSALS FOR
DEVELOPMENT OF MIXES RESIDENTIAL/
COMMERCIAL USES OF CITY BLOCK NUMBER'y
43T-AREA BOUNDED BY N.E. 7TH AND 8TH
STREETS N.E. 1ST AND NORTH MIAMI"
=
AVENUE.
�` t
a-201-1
8
FEDERAL: GOVERNMENT REIMBURSES CITY FOR
COSTS INCURRED IN THE URBAN INITIATIVE
�
AREA.' WHICH REPRESENTS 4 BLOCKS INi;i"t
,-
OVERTOWN ($719 '000). EXPRESS THE
�
�}}
POLICY 0F THE CITY COMMISSION THAT
-
FUNDS BE SPENT ONLY Tp.j THE. OVIRTOWN:
s�
slcd��`'�
t S
T' 1 6t1 k
a �
a 1
n
r
CLAIM SETTLEMENT: DAVID HERRING
($300,000)
MIAMI CITY BALLET: ALLOCATE $50000
IN SUPPORT OF MIAMI CITY BALLET
RECOMMEND THAT GREATER MIAMI HOST
COMMITTEE GRANT $15,000 TO SAID
ORGANIZATION.
REQUEST GREATER MIAMI HOST COMMITTEE
TO FAVORABLY CONSIDER FUNDING THE
GREATER MIAMI OPERA FOR FREE PUBLIC
PERFORMANCE OF "LA BOHEME".
DESIGNATE APRIL 27, 1990 AS ONE OF
30 DAYS RESERVED FOR CITY USE OF
BAYFRONT PARK (ORD. 10348) IN
CONNECTION WITH THE STAGING OF THE 7TH
WORLDWIDE MADAME BUTTERFLY COMPETITION
HOSTED BY GREATER MIAMI OPERA.
MIAMI SENIOR HIGH SCHOOL: REFER TO CITY
MANAGER FUNDING REQUEST BY MIAMI SENIOR
HIGH -DIRECT MANAGER TO USE UP TO HIS
DISCRETIONARY POWER IN TRYING TO
ACCOMODATE SAID REQUEST.
AUTHORIZE NEGOTIATION OF CONTRACT WITH
MOORE GOVERNMENTAL SYSTEMS, INC. FOR
THE ACQUISITION OF COMPUTER SOFTWARE
FOR PERSONNEL —PAYROLL AND ACCOUNTS
RECEIVABLE SYSTEMS.
ACCEPT BID: CUNNINGHAM—WOODS,INC.
REFURBISHING OF THE COMPUTER ROOM AT
THE POLICE STATION.
AMEND LEASE AGREEMENT WITH
—_
UNIVERSITY OF MIAMI. ALLOW UM TO ADD
ADDITIONALCONFERENCE ROOM SPACE TO
SPACE_ LEASED AT MIAMI CONVENTION
CENTER.
AUTHORIZE ISSUANCE OF RFP FOR THE
;PROVISION, OF BOND UNDERWRITING
SERVICES. AUTHORIZE APPOINTMENT OF.
'
SELECTION COMMITTEE.
APPROVE IN PRINCIPLE -USE OF ALLAPATTAB
'..RESIDENTIAL MINI PARK., TO PROVIDE LOW
'COST DAY,' CARE SERVICES TO AREA G.
.RESIDENTS`:`:'' . .r
r
x
a}%X'�
89,23 r
89-26
89w32:
89-32.1 ;.
8933 "
ti
r
89 35'`
89-3$
W
89 39`
� L
s7�
.=w
t pt ,
s ' �� R
— _ -- -Nji,,-
—
Ef
DOCUMENT INDEX
4
r.
•
Fig I NEML CM UM
li
i`
EXECUTE AGREEMENT WITH WYATT COMPANY
TO CONDUCT A PRELIMINARY ASSESSMENT OF
THE IMPACT OF THE TAX REFORM ACT OF
1986 ON THE CITY'S GROUP BENEFITS PLAN.
89-,43
i.
EXECUTE AGREEMENT WITH PERSONNEL
DECISIONS INC. TO CONDUCT A POLICE
TEST VALIDATION PROJECT.
89-44 -
APPOINT INDIVIDUAL TO THE AFFIRMATIVE
ACTION ADVISORY BOARD. (NOTE: APPOINTED
WAS LAURASTINE PIERCE).
89r46
Y
APPOINT INDIVIDUAL AS MEMBER OF THE
CITY OF MIAMI HEALTH FACILITIES
AUTHORITY (NOTE: APPOINTED WAS:
JUAN E. SERRALLES JR. ESQ.).
89-47
APPOINT RAY PENLAND TO TEH BOARD OF
TRUSTEES OF THE CITY OF MIAMI FIRE
FIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST.
89-48-'
APPOINT ROBERT WILLIAMS TO THE BOARD OF
{
TRUSTEES OF THE CITY OF MIAMI FIRE
`
FIGHTER'S AND POLICE OFFICERS'
k
RETIREMENT TRUST.
89'49'
RATIFY CITY MANAGER'S FINDING OF SOLE
COURSE. WAIVE REQUIREMENT FOR
t
COMPETITIVE SEALED BIDS. APPROVE.
ACQUISITION OF 1989 FLORIDA LAW,
}f
ENFORCEMENT HANDBOOKS FROM METRO DADE
s—
x,
POLICE.
89,r50
RATIFY CITY MANAGER'S ACTION. APPROVE
REPAIRS OF THE ELECTRICAL SWITCHGEAR AT
BOBBY MADURO STADIUM ON AN EMERGENCY
k—
BASIS. AUTHORIZE .ISSUANCE OF PURCHASE
ORDER TO ROBSTONE COMPANY.
89-51.
=
RATIFY CITY MANAGER'S ACTION
`--
-
-AUTHORIZE REPAIRS TO THE CITY'S ASPHALT
§'t;
r'
PAVING MACHINE ON A EMERGENCY BASIS
r c
AUTHORIZE ISSUANCE OF PURCHASE ORDER
TO ADAMS DEWIND MACHINERY COMPANY.
8,9•
ACCEPT COMPLETED WORK: DOUGLAS N.
.HjGQ_jNS- INC. WINONA SANITARY SEWER
_=
CIP PROJECT NO. 351169. AUTHORIZE
:FINAL PAYMENT.'
.r
i
r
t
i
: t as
L`
•.S,YhyfiNa.l L r9 s k�?•y:A+s S �,fi £J7 L ."Sf �y 1 L�
t `i r ifeC'":
1
i
1
u
DOCUMENT INDEX
5
P_ Ow
WAIVE CITY CODE PROHIBITION AGAINST
TRANSACTION OF BUSINESS WITH A CITY
OFFICIAL AS IT APPLIES TO HOWARD V.
GARY. 89-54
ACCEPT COMPLETED WORK: M. VILA AND
ASSOCIATES,INC. CITYWIDE HIGHWAY
IMPROVEMENT.PHASE III CIP PROJECT NO.
341153.AUTHORIZE FINAL PAYMENT. 89•-55
CONFIRM ORDERING RESOLUTION NO. 88-1019:
AUTHORIZE MIAMI DADE WATER AND SEWER
AUTHORITY DEPT. TO ADVERTISE FOR SEALED
BIDS REGARDING CONSTRUCTION OF MIAMI
RIVER CANAL SANITARY SEWER IMPROVEMENT
IN DISTRICT SR-5555—C.CENTERLINE
SEWER. AUTHORIZE REIMBURSEMENT TO
MIAMI—DADE WATER AND SEWER DEPARTMENT
FOR THEIR COST IN SAID SEWER
IMPROVEMENT.
89-56
AUTHORIZE INCREASE IN CONTRACT WITH
P.N.M. CORPORATION FOR CONSTRUCTION OF
DINNER KEY MARINA PAVING AND LANDSIDE
UTILITIES CIP PROJECT NO. 414005—
RATIFY FINDING OF EMERGENCY
CIUCUMSTANCES.
89-57
AUTHORIZE INCREASE IN CONTRACT WITH
`
P.N.M, CORPORATION FOR CONSTRUCTION
OF DINNER KEY MARINA PAVING AND
LANDSIDE UTILITIES CIP PROJECT
a
NO. 414005 RATIFY FINDING OF EMERGENCY
CIRCUMSTANCES.
89-,57
WAIVE CITY CODE PROHIBITION AGAINST
APPEARANCE OF FORMER EMPLOYEE AS IT
APPLIES TO WALTER L. PIERCE.
89-58
RATIFY CITY MANAGER'S FINDING OF SOLE
{—
SOURCE. WAIVE VIDDING REQUIREMENT
APPROVE UPGRADING OF POLICE
DEPARTMENT'S AUTOMATED FINGER PRINT
34
IDENTIFICATION SYSTEM BY ACQUIRING
7
AN IMAGE STORAGE AND RETRIEVAL SUB—
SYSTEM FROM DE LA RUE PRINTRAK, INC.
89;;45 9
APPOINT GEORGE KNOX, ESQ. AS CHAIRMAN
p.-I
OF THE MIAMI SPORTS AND EXHIBITION
�f
AUTHORITY.
89,40
USE OF THE CITY'S GOLF COURSES: AFFORD
}'
TRACY KERDYK AND DEWEY KNIGHT THE
M s r
PRIVILEGE OF USING FACILITIES FOR AN
INDEFINITE PERIOD OF TIME.
$9
t
EDGEWATER—MIAMI MINI.POLICE STATION:,
ALLOCATE $185. TO COVER PARK PERMIT
SHOWMOBILE AND EQUIPMENT FEES FOR
FUND RAISING EVENT.
.89b4 _ y
DOCUMENT INDEX
6
BANYAN FESTIVAL: AUTHORIZE CLOSURE OF
DESIGNATED STREETS, ESTABLISH
PEDESTRIAN MALL, TWO—DAY BEER AND WINE
PERMIT, ESTABLISH AREA PROHIBITED TO
RETAIL PEDDLERS, ETC. 89R66
CARIBE MUSICALE II FUND RAISING EVENT:
DESIGNATE MARCH 25, 1989 AS ONE OF 30
DAYS RESERVED FOR CITY USE OF BAYFRONT
PARK (ORD. 10348) PURSUANT TO REQUEST
FROM FLORIDA INTERAMERICAN SCHOLARSHIP
FOUNDATION. 89-67
REQUEST FLORIDA POWER AND LIGHT TO BURY
UNDERGROUND EXISTING OVERHEAD LINES AND
CABLES IN THE MORNINGSIDE HISTORIC
DISTRICT. 89-69
APPROVE ADMINISTRATION'S DECISION WHICH
REJECTED PROTEST SUBMITTED REGARDING
AWARD OF CITY CONTRACT FOR INSTALLATION
OF BUS SHELTERS TO "WHELTER ADVERTISING
OF AMERICA".
6
89R71
APPROVE CITY'S APPLICATION FOR A GRANT
FROM THE FLORIDA DEPARTMENT OF NATURAL
RESOURCES FY189-90 FLORIDA RECREATION
DEVELOPMENT ASSISTANCE RECREATION
AUTHORIZE EXECUTION OF AGREEMENTS
°-
IN CONNECTION WITH THE ALLAPATTAH
COMSTOCK PARK REDEVELOPMENT PROJECT
NO. 331303.
89-72
DECLARE AS CATEGORY "A" SURPLUS STOCK 3
SCOOTERS: AUTHORIZE DONATION OF SAME TO
��-
CITY OF MONTES DE OCA, COSTA RICA.
89-73
REJECT ALL CONSTRUCTION BIDS RECEIVED
IN CONNECTION WITH THE NORTH FLAGLER
SANITARY SEWER IMPROVEMENT PROJECT.
89-75
AUTHORIZE ADMINISTRATION TO PAY IN FULL
THE PURPLEHEART MANUFACTURING COMPANY
IN CONNECTION WITH PILES SUPPLIES FOR
BAYFRONT PARK.
AUTHORIZE CITY MANAGER TO LEASE FROM
l RECOVERY SYSTEMS 1 INC. 12 STOLEN }�, Cl
VEHICLE RECOVERY SYSTEMS — FOR POLICE.�t�' z
DEPT. 89-77
ppp
rn�,
F
� z
`:i t yip
r
._ _. t �.� jai n�dh.•t�b t
__ --
DOCUMENT INDEX
AUTHORIZE TEMPORARY SPECIAL DOCKAGE
RATES AT CITY MARINAS TO ACCOMODATE
VESSELS SCHEDULED FOR BERTHING AT
BISCAYNE BAY MARRIOTT MARINA.
89-80
REJECT UNIFIED DEVELOPMENT PROJECT
PROPOSAL SUBMITTED BY FLAGLER LANDMARK
ASSOCIATES REGARDING PROPOSED
RENOVATION AND REDEVELOPMENT OF GUSMAN
CENTER/OLYMPIA BUILDING DUE TO OFF
STREET PARKING BOARD'S DECISION NOT TO
PROCEED.
89-81
ACCEPT RENTAN REHABILITATION PROGRAM
_
GRANT FROM HUD ($686,000) TO INCREASE
SUPPLY OF AFFORDABLE STANDARD HOUSING
FOR LOW INCOME FAMILIES.
89-82
REJECT PROPOSED ONE-WAY TRAFFIC CONTROL
-
MEASURES IN THE BAY HEIGHTS/NATOMA
MANOR NEIGHBORHOODS.
89-83
- f r
4t
•
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j'! a
of
'4r 1..t"CY
S"
t� F
F
r. _
-
t
t
g,,
f 6 i y. x
Y
3wG" 1{,�Gy)
x 'd� •; -
itff�'2�
Y
3
1 1