HomeMy WebLinkAboutCC 1988-03-10 MinutesiiTY OF MI MI
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OF FMING HELD ON MARCH 10 1988
(REGULAR)
PREPARED BY THE OFFICE W THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEtt
MINUTES OF REGULAR MEETING
CITT COMMISSION OF MIAMI, FLORIDA
MARCH 10, 1998
------------------------------- --------------------------
ITIM SUBJECT LEGISLATION PAGE
NO. NO.
1. PRESENTATIONS, PROCLAMATIONS SPECIAL DISCUSSION 1
ITEMS
2.
GRANT $50,000 FROM DEPARTMENT OF OFF-
STREET PARKING EXCESS REVENUES TO
COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION FOR ECONOMIC DEVELOPMENT
SERVICES.
3.
BRIEF DISCUSSION OF ACCEPTANCE OF
RESULTS OF SPECIAL ELECTION OF MARCH 8,
1988 (DEFERRED TO APRIL 14, 1988
AGENDA).
4.
DISCUSSION REGARDING PROPOSED
DEMOLITION OF UNSAFE STRUCTURES
THROUGHOUT THE CITY (SEE LABEL 6).
5.
DIRECT ADMINISTRATION TO PUT BACK OUT
FOR BID RFP LEASE FOR MANAGEMENT OF
PROPERTY LOCATED AT 2640 SOUTH BAYSHORE
DRIVE (MERRILL STEVENS BOAT YARD
PROPERTY) (SEE LABEL 59).
6.
CONTINUED DISCUSSION REGARDING PROPOSED
CREATION OF CITY OF MIAMI UNSAFE
STRUCTURES BOARD (SEE LABEL 4).
7.
BRIEF COMMENTS IN CONNECTION WITH DRUG
STING OPERATIONS.
8.
CONSENT AGENDA.
8.1
ACCEPT BID: URBAN SOUTH, INC. - FOR
VIRGINIA KEY IMPROVEMENTS/LIFEGUARD
FACILITIES.
8.2
ACCEPT BID: VAN TOPOLE CONSTRUCTION,
INC. - FOR FIRE STATION NO. 6 -
WASHROOM MODIFICATIONS.
8.3
ACCEPT BID: C. TARAFA CONTRACTING,
INC. - FOR FIRE STATION NO. 8 -
WASHROOM MODIFICATIONS.
8.4
ACCEPT BID: BERGER SECURITY, INC. - FOR
SECURITY SERVICES TO DEPARTMENT OF
PARKS, RECREATION AND PUBLIC
FACILITIES.
6.5
ACCEPT BID: CLOVER ELECTRONICS, INC. -
FOR FURNISHING BROAD BAND MODEMS FOR
DEPARTMENT OF COMPUTERS.
8.6
ACCEPT BIDS: WILDCAT WRECKING
DEMOLITION, INC. AND J.R. BUILDERS,
INC. - FOR DEMOLITION SERVICES FOR
DEPARTMENT OF BUILDING AND ZONING.
3/10/88
R 88-194
3/10/68
1-3
DISCUSSION 4
3/10/88
DISCUSSION 4-5
3/10/88
M 88-195 5-9
3/10/88
M 88-196 9-11
3/10/88
DISCUSSION 11
3/10/88
12-13
3/10/88
R 88-197 13
3/10/88
R 88-198 13
3/10/88
R 88-199 14
3/10/88
R 88-200 14
3/10/88
R 88-201 14
3/10/88
R 88-202 15
3/10/88
t.1
ACCEPT BID: MULTIPLE EMERGENCY
R 86-203
15
SERVICES, INC. - FOR FURNISHING TWO
3/10/88
RESCUE SCUuTERS TO uneAR'114ENT OF FIRE,
RESCUE AND INSPECTION SERVICES.
•.•
ACCEPT BID: SOUTHERN TOOL - FOR
R 88-204
15
FURNISHING ONE BRAKE LATHE TO
3110/88
DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES.
8.9
ACCEPT BID: DUPONT PLAZA HOTEL - FOR
R 88-205
16
FURNISHING MARINA DOCKSIDE SERVICES TO
3/10/88
THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION.
0.10
EXECUTE INTERLOCAL AGREEMENT WITH
R 88-206
16
METROPOLITAN DADE COUNTY AVIATION
3/10/88
DEPARTMENT - PURCHASE 5,000 CUBIC YARDS
OF TOP SOIL/FILL.
8.11
LEASE 70 ADDITIONAL GOLF CARS FOR
R 88-207
16
MELREESE GOLi COURSE FROM E-Z-GO
3/10/88
DIVISION OF TEXTRON.
8.12
REDUCE RETAINAGE IN CONTRACT WITH PNM
R 88-208
17
CORPORATION FOR CONSTRUCTION OF
3/10/88
BAYFRONT PARK REDEVELOPMENT -PHASE I
(SEE LABEL 11).
8.13
REDUCE RETAINAGE IN CONTRACT WITH PNM
R 88-209
17
CORPORATION FOR CONSTRUCTION OF
3/10/88
BAYFRONT PARK REDEVELOPMENT -PHASE II
(SEE LABEL 11).
6.14
EXECUTE LEASE AGREEMENT WITH METRO-DADE
R 88-210
17
COUNTY FOR 1,265 SQUARE FEET OF SPACE
3/10/88
IN OVERTOWN SHOPPING CENTER.
8.15
EXECUTE AGREEMENT WITH WTVJ TELEVISION,
R 88-211
17
INC. FOR PLACING ADVERTISEMENTS IN THE
3/10/88
ORANGE BOWL STADIUM.
8.16
AUTHORIZE MANAGER TO ISSUE REVOCABLE
R 88-212
18
PERMIT TO HANDICAPPED OF AMERICA, INC.,
3/10/88
FOR USE OF SPACE AT MANUEL ARTIME
COMMUNITY CENTER.
8.17
AUTHORIZE PAYMENT OF CITY OF MIAMI
R 88-213
18
GENERAL OBLIGATION HOUSING BOND
3/10/88
($5,000) TO REPLACE LOST BOND.
8.18
APPROVE ASSIGNMENT AND TRANSFER OF
R 88-214
18
AGREEMENT FOR BUS BENCHES FROM MIAMI
3/10/88
DADE MARINE INVESTMENTS (D/B/A BUS
BENCH COMPANY) TO STEVE MARTIN AND
ASSOCIATES, INC.
6.19
AUTHORIZE STREET CLOSURES, PEDESTRIAN
R 88-215
19
MALL AND AREA PROHIBITED TO RETAIL
3/10/88
PEDDLERS IN CONNECTION WITH THE LOTH
ANNUAL COCONUT GROVE BED RACE.
9.
DIRECT MANAGER TO COPY PROCEDURES
M 88-216
19-23
DEVISED BY METRO-DADE COUNTY REGARDING
3/10/88
ESTABLISHMENT OF A CITY OF MIAMI
EMPLOYEE SUGGESTION PROGRAM.
10.
ACCEPT BID: HEWLETT PACKARD CO. - FOR
R 88-217
23-24
FURNISHING PEN PLOTTERS TO DEPARTMENT
3/10/86
OF POLICE.
11.
CONTINUED DISCUSSION OF PREVIOUSLY
DISCUSSION
24-26
PASSED RESOLUTION AUTHORIZING MANAGER
3/10/88
TO REDUCR RETAINAGE IN CONTRACT WITH
PNM CORPORATION FOR CONSTRUCTION OF
BAYFRONT PARK REDEVELOPMENT PROJECT -
PHASES I AND II (SEE LABELS 6.12 AND
8.13).
12.
BRIEF DISCUSSION ITEM CONCERNING
DISCUSSION
26
PROPOSED PURCHASE OF AUTOMATED
3/10/88
FINGERPRINTING MACHINE FOR POLICE
DEPARTMENT.
13.
DISCUSSION ON PURCHASE AND INSTALLATION
DISCUSSION
26-27
OF AUDIO EQUIPMENT FOR BAYFRONT PARK
3/10/88
AMPHITHEATER FROM INFINITE AUDIO
SYSTEMS, INC. (DEFERRED TO APRIL 14,
1988 AGENDA).
14.
DISCUSSION CONCERNING AGENDA 30
DISCUSSION
27-28
(LISTING OF CITY PARKS TO BE RENOVATED)
3/10/89
AND AGENDA 36 (EMERGENCY ORDINANCE
REAPPROPRIATING $75,000 FOR LUMMUS PARK
REDEVELOPMENT - PHASE I (SEE LABELS 25
AND 26).
1S.
DISCUSSION REGARDING PROPOSED EXECUTION
DISCUSSION
29-32
OF TWO AGREEMENTS WITH FLORIDA EAST
3/10/88
COAST RAILWAY COMPANY (a) TO REBUILD
AND IMPROVE RAILROAD AND PEDESTRIAN
CROSSING AT N.W. 8TH STREET AND (b) TO
REBUILD AND IMPROVE RAILROAD CROSSING
AT N.W. 1ST AVENUE - REIMBURSEMENT OF
FUNDS BY METRO-DADE COUNTY (SEE LABEL
61).
16.
EXECUTE AGREEMENT WITH BETTY BLUM TO
R 88-218
32-33
PROVIDE ACQUISITION, RELOCATION AND
3/10/88
PROPERTY MANAGEMENT SERVICES TO
SOUTHEAST OVERTOWN/PARK WEST PARK
REDEVELOPMENT PROJECT.
17.
NEGOTIATE AND EXECUTE PROFESSIONAL
R 88-219
34-36
SERVICES AGREEMENT WITH EDWARD H.
3/10/88
FRIEND AND CO. - FOR EXPERT ACTUARIAL
ASSISTANCE IN PENSION MATTERS.
18.
A) GRANT $91,000 TO BELAFONTE TACOLCY
R 88-220
37-38
CENTER FOR OPERATION OF THEIR SPORTS
3/10/88
DEVELOPMENT PROGRAM.
B) REQUEST FULL REPORT FROM THE
ADMINISTRATION REGARDING PRESENT
CONDITION OF THE ROOF AT BELAFONTE
TACOLCY CENTER.
19.
DISCUSS AND DEFER PROPOSED
DISCUSSION
38-39
AUTHORIZATION TO ISSUE RFP FOR COMPUTER
3/10/68
SOFTWARE FOR INTEGRATED FINANCIAL AND
PERSONNEL SYSTEM (SEE LABEL 86).
20.
ORDER SPECIAL IMPROVEMENT AND ESTABLISH
R 88-221
39-50
SPECIAL ASSESSMENT DISTRICT (1988 MIAMI
3/10/88
DESIGN DISTRICT SPECIAL IMPROVEMENT
DISTRICT) AND DESIGNATE PROPERTY (SEE
LABELS 21 AND 22).
21.
CONTINUED DISCUSSION AND CLARIFYING
DISCUSSION
50-54
COMMENTS IN CONNECTION WITH MIAMI
3/10/88
DESIGN SPECIAL ASSESSMENT DISTRICT (SEE
LABELS 20 AND 22).
22.
CONTINUED DISCUSSION OF 1988 MIAMI
DISCUSSION
DESIGN SPECIAL ASSESSMENT DISTRICT.
1/10/88
(SEE LABELS 20 AND 21)
23.
NEGOTIATE AND EXECUTE AGREEMENT:
R 88-222
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
3/10/88
CORP. - TO STUDY AND ANALYZE THE
INDUSTRIAL DEVELOPMENT POTENTIAL OF THE
GARMENT CENTER/FASHION DISTRICT OF
WYNWOOD.
24.
OPEN BIDS: OPEN SEALED BIDS -
M 88-223
CONSTRUCTION OF CITYWIDE SANITARY SEWER
3/10/68
EXTENSION IMPROVEMENT - SW 8TH COURT
(8-5539).
25.
AMEND CITYWIDE NEIGHBORHOOD PARK
R 88-224
RENOVATIONS PROJECT - PROVIDE A LIST OF
3/10/88
PARKS TO BE RENOVATED - APPOINT
CERTIFICATION COMMITTEE (See label 14).
26.
DISCUSS AND DEFER PROPOSED EXECUTION OF
DISCUSSION
INSTRUMENT FORMALLY RELEASING AND
3/10/88
CANCELLING COVENANT AND AMENDED
COVENANT CONCERNING EXECUTIVE PLAZA
(DEFER TO NEXT MEETING.
27.
EMERGENCY ORDINANCE: ESTABLISH SPECIAL
ORDINANCE
REVENUE FUND - "1988 BUDWEISER
10393
REGATTA" - APPROPRIATE $75,000 FROM A
3/10/88
GRANT FROM METRO-DADE TOURIST
DEVELOPMENT TAX REVENUES (HYDROPLANE
REGATTA).
28.
EMERGENCY ORDINANCE: AMEND 1 OF 10347 -
ORDINANCE
REAPPROPRIATE $75,000 (CITYWIDE
10394
NEIGHBORHOOD PARK RENOVATIONS) TO
3/10/88
LUMMUS PARK REDEVELOPMENT -PHASE I (SEE
LABEL 14).
29. DIRECT ADMINISTRATION TO ENSURE THAT M 88-225
AMERICAN BASEBALL LEAGUE TEAM "THE 3/10/88
BALTIMORE ORIOLES" WILL STAY IN THE
CITY.
30. (A) DISCUSS MIAMI DESIGN DISTRICT M 88-226
ASSOCIATION PRODUCTION OF "SECOND 3/10/88
ANNUAL DESIGNERS SHOWCASE "88". (B)
EXPRESS CITY COMMISSION'S DESIRE TO
ESTABLISH ADDITIONAL $1,000,000 FUND TO
POLICE DEPARTMENT'S BUDGET AND DISCUSS
POLICE DEPARTMENT PROBLEMS WITH
SUSPENDED OFFICERS. REQUEST
ADMINISTRATION TO APPROVE PROPOSED
PROGRAM FOR FURTHER DISCUSSION.
31. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION
SPECIAL ITEMS. 3/10/88
32. (A) BRIEF DISCUSSION OF PROPOSED DISCUSSION
AMENDMENT TO CHANGE ZONING AND PLANNING 3/10/88
FEE SCHEDULE TURNING SAID PROPOSED
SECOND READING ORDINANCE INTO AN
EMERGENCY MEASURE. (B) COMPANION ITEMS
(AGENDA 42 AND 43) ALSO TEMPORARILY
DEFERRED TO THE AFTERNOON (SEE LABELS
37, 38 i 39)
55-56
56-57
57-58
56-59
59-60
61-62
62-63
64-65
65-77
78
78-80
33.
EMERGENCY ORDINANCE: ESTABLISH STORM
ORDINANCE
80-87
WATER UTILITY SYSTEM FOR THE CITY.
10395
s/10/68
34.
FIRST READING ORDINANCE: ABOLISH
ORDINANCE
87-94
COMPUTERS DEPARTMENT - CONSOLIDATE
FIRST READING
FUNCTIONS WITH DEPARTMENT OF FINANCE -
3/10/88
NAME NEW DEPARTMENT "DEPARTMENT OF
COMPUTERS AND FINANCE".
35.
FIRST READING ORDINANCE: CHANGE RATE
ORDINANCE
95-96
SCHEDULE FOR (a) USE AND OCCUPANCY, AND
FIRST READING
(b) SERVICES FURNISHED OR TO BE
3/10/88
FURNISHED IN CONNECTION WITH THE MIAMI
CONVENTION CENTER.
36.
DISCUSSION REGARDING REQUEST RECEIVED
DISCUSSION
96-98
FROM COMMITTEE ON BEAUTIFICATION AND
3/10/88
ENVIRONMENT FOR WAIVER OF USER FEE AT
GUSMAN CENTER IN CONNECTION WITH THE
"ROYAL POINCIANA FIESTA" - REFER TO
DEPARTMENT OF OFF-STREET PARKING (SEE
LABEL 40).
37.
(CONTINUED DISCUSSION) EMERGENCY
ORDINANCE
98-99
ORDINANCE: AMEND CODE SECTION 62-61 -
10396
CHANGE ZONING AND PLANNING FEE SCHEDULE
3/10/88
(SEE LABEL 32).
38.
(CONTINUED DISCUSSION) EMERGENCY
ORDINANCE
99-100
ORDINANCE: AMEND SECTION 2-75 AND 2-
10397
76 - SETTING FEES FOR EXAMINATION OF
3/10/88
PLANS FOR COMPLIANCE WITH ZONING
ORDINANCE AND ZONING CERTIFICATES OF
USE - ADD FEES FOR REVIEW OF SAID PLANS
AND SPECIAL PERMITS IN ORDER TO COVER
COST FOR ENFORCEMENT OF ZONING
ORDINANCE (SEE LABEL 32).
39.
(CONTINUED DISCUSSION) EMERGENCY
ORDINANCE
100-101
ORDINANCE: AMEND SECTION 5 OR ORDINANCE
10398
6145 - ESTABLISHING FEES FOR BUILDING,
3/10/88
PLUMBING, ELECTRICAL, MECHANICAL
INSPECTION, PERMIT AND CERTIFICATE
FEES - ADD AND INCREASE SOME OF THE
FEES TO COVER COST OF ENFORCEMENT OF
THE SOUTH FLORIDA BUILDING CODE (SEE
LABEL 32).
40.
CONTINUED DISCUSSION AND CLARIFYING
DISCUSSION
101
COMMENTS IN CONNECTION WITH REQUEST BY
3/10/88
COMMITTEE OF BEAUTIFICATION AND
ENVIRONMENT FOR WAIVER OF USER FEE AT
GUSMAN CENTER REGARDING "ROYAL
POINCIANA FIESTA" (SEE LABEL 36).
41.
DISCUSSION IN CONNECTION WITH ALLEGED
M 88-227
102-126
MISHANDLING BY SOCIAL ACTION AGENCY OF
3/10/88
LITTLE HAVANA IN THEIR DISTRIBUTION OF
FOOD TO THE NEEDY - DIRECT
ADMINISTRATION TO STOP FURTHER
DISBURSEMENT OF FUNDS TO AGENCY PENDING
REPORT FROM ADMINISTRATION (SEE LABEL
48).
42.
FIRST READING ORDINANCE: ESTABLISH NEW
ORDINANCE 126-127
SPECIAL REVENUE FUND: "HOUSING
FIRST READING
DEVELOPMENT GRANT PROGRAM-1987".
3/10/08
APPROPRIATE FUNDS RECEIVED FROM U.S.
DEPARTMENT OF MOUSING AND URBAN
DEVELOPMENT TO PROVIDE CONSTRUCTION
FINANCING TO "DESIGN MANAGEMENT VII
ASSOCIATES" 0 25-UNIT RENTAL
DEVELOPMENT FOR THE ELDERLY).
43.
FIRST READING ORDINANCE: AMEND SECTIONS
ORDINANCE 127-129
1 AND 6 OF 10321 - INCREASE
FIRST READING
APPROPRIATION TO DEPARTMENT OF PARKS,
3/10/88
RECREATION AND PUBLIC FACILITIES.
44.
FIRST READING ORDINANCE: AMEND SECTION
ORDINANCE 129-130
1 OF 10347 - ESTABLISH NEW PROJECT:
FIRST READING
"NORTHWEST RIVER DRIVE ACQUISITION
3/10/88
PROJECT KREIDT PROPERTY".
45.
(A) AUTHORIZE OFFER TO WALLACE KREIDT
R 88-228 130-133
(300 S.W. NORTH RIVER DRIVE) REGARDING
3/10/68
A UNIFIED DEVELOPMENT PROJECT FOR THE
NORTHWEST RIVER DRIVE PROJECT. (B)
DIRECT CITY ATTORNEY TO PREPARE
DOCUMENTS PATTERNED AFTER STATE OF
FLORIDA'S "FRIENDLY TAKING" PROCEDURES
REGARDING OFFERS TO BE MADE WHEN TAKING
PROPERTY.
46.
FIRST READING ORDINANCE: AMEND SECTION
ORDINANCE 133-136
1 OF 10349 - SPECIAL REVENUE FUND:
FIRST READING
"EMERGENCY SHELTER GRANT--FY '88" -
3/10/88
APPROPRIATE FUNDS FOR OPERATION OF SUM
RECEIVED FROM U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
47.
AUTHORIZE MANAGER TO SUBMIT APPLICATION
R 88-230 136-137
TO U.S. DEPARTMENT OF HOUSING AND URBAN
3/10/86
DEVELOPMENT IN ORDER TO INCREASE THE
CITY'S EXISTING EMERGENCY SHELTER
GRANT - AUTHORIZE MANAGER TO ACCEPT
ADDITIONAL GRANT AND ENTER INTO
AGREEMENT.
48.
BRIEF CLARIFYING COMMENTS BY
DISCUSSION 137-138
COMMISSIONER PLUMMER REGARDING THE
3/10/88
CONTROVERSY CONCERNING SOCIAL ACTION
AGENCY OF LITTLE HAVANA'S DISTRIBUTION
OF FOOD TO THE ELDERLY (SEE LABEL 41).
49.
A) EXECUTE AMENDMENT TO AGREEMENT WITH
R 68-231 138-142
PANCOAST ALBAISA ARCHITECTS - EXPAND
M 88-231.1
SCOPE OF SERVICES TO INCLUDE A PROGRAM
3/10/88
DEVELOPMENT AND NEEDS ASSESSMENT
ANALYSIS FOR THE CITY ADMINISTRATION
BUILDING -PHASE II.
B) IN ADDITION, DIRECT ADMINISTRATION
TO ENTER INTO AGREEMENT WITH DELOITTE
HASKINS & SELLS TO DO AN ECONOMIC
FEASIBILITY/NEEDS ASSESSMENT STUDY ON
THE CITY ADMINISTRATION BUILDING -PHASE
II.
•
50. ISSUE REQUEST FOR QUALIFICATIONS -
R 68-232
INVITE EXPERIENCED DEVELOPMENT TEAMS TO
3/10/66
COMPETE FOR DEVELOPMENT OF A 250,000
SQ. FT. BUILDING (LOCATED ON A 12-LOT
LAND PARCEL BETWEEN N.E. 1ST AND MIAMI
AVENUES AND N.E. 4TH AND STH STREETS)
TO BE OCCUPIED BY THE U.S. ATTORNEY'S
OFFICE AND OTHER LAW ENFORCEMENT
AGENCIES.
51. DEFER PROPOSED APPOINTMENT OF AN
DISCUSSION
INDIVIDUAL TO SERVE AS MEMBER OF
3/10/86
PLANNING ADVISORY BOARD - DIRECT CITY
CLERK TO READVERTISE.
52. APPOINT TWO INDIVIDUALS TO THE CITY'S R 88-233
CODE ENFORCEMENT BOARD (APPOINTED WERE: 3/10/88
OBDULIO PIEDRA AND JAMES ANGLETON,
JR.) .
S3. APPOINT INDIVIDUALS TO AFFIRMATIVE M 88-234
ACTION ADVISORY BOARD (APPOINTED WERE: 3/10/88
ROGER BIAMBY AND JOSE SOLANA).
54. DEFER PROPOSED RATIFICATION OF DISCUSSION
MANAGER'S FINDING OF SOLE SOURCE - 3/10/86
WAIVING REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVING ACQUISITIONS
FROM SOFTWARE CLEARING HOUSE, INC. FOR
A LICENSE TO XGEN AND A COGEN TO XGEN
FILTER, FOR USE IN SYSTEMS DEVELOPMENT.
(SEE LABEL 60)
SS. RATIFY CITY MANAGER'S ACTIONS WHICH (a) R 88-235
UTILIZED SHORTENED TIME PERIOD FOR 3/10/88
SEALED BIDS, AND (b) ACCEPTED LOWEST
RESPONSIBLE BID FROM MARKS BROTHERS,
CO. - FOR REPAIR TO STORM SEWER BOX
CULVERT IN CONNECTION WITH STORM SEWER
REPAIR EAST FLAGLER STREET.
56. A) GRANT RENTAL FEE WAIVER FOR USE OF R 88-236
BAYFRONT PARK AMPHITHEATER REGARDING 3/10/88
THE "1988 MIAMI MAGIC FESTIVAL" -
DECLARE THIS EVENT AS ONE OF THE 30
DAYS RESERVED FOR CITY USE - DIRECT
JUNIOR LEAGUE OF GREATER MIAMI TO POST
A BOND TO COVER COST OF SOLID WASTE
FEES.
B) EXPRESS COMMISSION'S SUPPORT OF
MIAMI MAGIC FESTIVAL AND CONVENTION AND
INFORM OF COMMISSION'S SUCCESS IN
OBTAINING FOR THEM A $7,500 DONATION
FROM THE DOWNTOWN DEVELOPMENT AUTHORITY
(SEE LABEL 66).
57. DIRECT MANAGER TO NEGOTIATE CONTRACT M 88-236
PURSUANT TO REQUEST FROM THE MICHAEL 3/10/88
ALAN WOLF MEMORIAL CONCEPT HOUSE TO
PERMIT USE OF VACANT FIRE STATION NO.
13 AS ADMINISTRATIVE OFFICE AND
OUTPATIENT DEPARTMENT.
5S. DIRECT CITY ATTORNEY TO PREPARE LEGAL M 88-239
INSTRUMENTS TO PLACE ON THE SEPTEMBER 3/10/88
BALLOT REFERENDUM QUESTION PROPOSING A
FOUR-YEAR TERM FOR ELECTED MAYOR OF
MIAMI.
143-146
146
147
147-148
149-150
149-150
150-158
158-159
159-161
1 0
So. DECLARE MOST ADVANTAGEOUS METHOD TO R 88-240 161-163
DEVELOP CITY -OWNED WATERFRONT LOT 3/10/68
LEASED BY A UDP - AUTHORIZE PREPARATION
OF RFP FOR A UDP - SET PUBLIC HEARING
IN CONNECTION WITH THE MERRILL STEVENS
DRY DOCK SITE (SEE LABEL 5).
60. (CONTINUED DISCUSSION OF PREVIOUSLY R 88-241 163-164
DEFERRED ITEM) RATIFY MANAGER'S FINDING 3/10/88
OF SOLE SOURCE - WAIVE COMPETITIVE
SEALED BIDS AND APPROVE ACQUISITION
FROM SOFTWARE CLEARIKG HOUSE, INC. FOR
A LICENSE TO XGEN AND A COGEN TO XGEN
FILTER, FOR USE IN SYSTEMS DEVELOPMENT
(SEE LABEL 54).
61. EXECUTE TWO AGREEMENTS WITH FLORIDA R 88-242 164-165
EAST COAST RAILWAY COMPANY (a) FOR 3/10/88
REBUILDING AND IMPROVEMENT OF RAILROAD
AND PEDESTRIAN CROSSING AT N.M. 8TH
STREET AND (b) FOR REBUILDING AND
IMPROVEMENT OF RAILROAD CROSSING AT
N.W. 1ST AVENUE, SUBJECT TO CONDITION
(SEE LABEL 15).
62. REFER TO ADMINISTRATION NEIGHBORHOOD DISCUSSION 165-169
CONCERNS EXPRESSED BY MR. ROBERT 3/10/88
FITZSIMMONS REGARDING DEVELOPMENT OF
PROPERTY AT 3000-3006 AVIATION AVENUE.
63. STRONGLY URGE GREATER MIAMI CHAMBER OF M 88-243 169-172
COMMERCE TO UNDERTAKE FUND-RAISING 3/10/88
PROGRAM TO RESTORE VETERANS' WAR
MEMORIAL AT WOODLAWN CEMETERY AND WORLD
WAR II MONUMENT.
64. DISCUSSION CONCERNING FUNDING REQUEST DISCUSSION 172-174
FROM CHICOS, INC. FOR A PROGRAM 3/10/88
REGARDING PERFORMANCES IN CITY PARKS IN
LITTLE HAVANA DURING THE SUMMER MONTHS.
NO ACTION TAKEN.
65. GRANT REQUEST BY ST. PETER'S CATHEDRAL M 88-244 174-178
FOR EXTENSION OF TIME FOR PAYMENT OF 3/10/88
COSTS ASSOCIATED WITH CONSTRUCTION OF
SIDEWALK AND CONCRETE WALL, WITH
PROVISOS.
66. EXPRESS SUPPORT OF THE MIAMI MAGIC M 88-245 178-179
FESTIVAL AND CONVENTION EVENT - INFORM 3/10/88
OF COMMISSION'S SUCCESS IN OBTAINING
FOR THE JUNIOR LEAGUE A $7,500 DONATION
FROM THE DOWNTOWN DEVELOPMENT
AUTHORITY. (SEE LABEL 56).
67. ALLOCATE $500 IN SUPPORT OF ITALIAN R 88-246 179-180
RENAISSANCE FESTIVAL AT VIZCAYA, WITH 3/10/88
PROVISO.
68. DISCUSS AND REFER TO MANAGER OFFICIAL M 88-247 181-187
COMPLAINT RECEIVED IN CONNECTION WITH 3/10/68
POOR CONDITIONS AT THE DORSEY DAY CARE
CENTER.
69. REQUEST OF THE CITY COMMISSION TO DISCUSSION 187
DIRE:,'" TO THE WATERFRONT BOARD ANY 3/10/88
WATERFRONT ISSUES.
70.
REFER REPRESENTATIVE OF UNITED WORLD
DISCUSSION
188-190
CHURCH SUPPLY TO ADMINISTRATION TO
3/10/86
PROVIDE ADMINISTRATIVE ASSISTANCE TO
SAID GROUP.
71.
REFER MISS SARAH WILLIAMS TO
DISCUSSION
190-191
ADMINISTRATION FOR ASSISTANCE IN
3110/88
CONNECTION WITH HER REQUEST FOR A
COMMERCIAL LOAN.
72.
DISCUSSION CONCERNING APPORTIONMENT OF
DISCUSSION
191-194
MONIES LENT BY MIAMI CAPITAL.
3/10/66
73.
DISCUSSION IN CONNECTION WITH REQUEST
DISCUSSION
194
FROM BUD LIGHT U.S.T.S. COMMITTEE
3/10/68
SEEKING SUPPORT FOR 1988 TRIATHLON.
74.
PRESENTATION BY UNITED TENANT COUNCIL,
DISCUSSION
195-197
INC. TO DISCUSS SAFETY AND SECURITY IN
3/10/88
MIAMI IN REGARD TO PUBLIC HOUSING -
PRESENT PLAQUES AND CERTIFICATES TO
MEMBERS OF THE POLICE DEPARTMENT.
7S.
DEFER SCHEDULED PRESENTATION BY MR.
DISCUSSION
198
ENOCH GUSTAVE (HAITIAN AND CARIBBEAN
3/10/88
FOUNDATION).
76.
GRANT $30,000 TO REPRESENTATIVES OF
M 88-248
198-201
"KEEP DADE BEAUTIFUL".
3/10/88
77.
CLARIFY NATURE OF DONATION MADE IN
R 88-249
202
SUPPORT OF THE ST. PATRICK'S DAY
3/10/88
PARADE.
78.
EXPRESS SUPPORT OF FLORIDA HOUSING
M 88-250
203-204
COOPERATIVE, INC. PROGRAM - DIRECT
3/10/88
ADMINISTRATION TO ASSIST SAID GROUP TO
PREPARE GRANT REQUEST TO BE MADE TO THE
STATE OF FLORIDA.
79.
AUTHORIZE CLOSURE OF STREETS, TEMPORARY
R 88-251
204-206
PEDESTRIAN MALL AND MAKE ALLOCATION TO
3/10/88
COVER USE OF COCONUT GROVE EXHIBITION
CENTER IN CONNECTION WITH THE MARCH OF
DIMES "WALKAMERICA 1988", WITH
PROVISOS.
60.
BRIEF DISCUSSION ITEM IN CONNECTION
DISCUSSION
206-207
WITH AUDITS TO BE CONDUCTED ON EVERY
3/10/86
GROUP RECEIVING A CITY GRANT AND THE
CONTROL TO BE EXERCISED BY THE CITY.
81.
PERSONAL APPEARANCE, MR. TED STAHL -
DISCUSSION
207-212
DISCUSSION CONCERNING THE NECESSITY FOR
3/10/88
ATTRACTIVE TRASH RECEPTACLES IN THE
COCONUT GROVE AREA - REFER TO
ADMINISTRATION.
82.
GRANT REQUEST FROM MEMBERS OF THE
M 88-252
213
NORTHEAST CRIME PREVENTION ASSOCIATION
3/10/88
AND MAKE AVAILABLE SIX SURPLUS VEHICLES
TO BE USED BY THEM, SUBJECT TO
APPROPRIATE INDEMNIFICATION OF THE
CITY.
83.
DISCUSSION CONCERNING FUNDING REQUEST
DISCUSSION
214-217
IN SUPPORT OF THE SECOND ANNUAL
3/10/88
*CARIBBEAN AMERICAN AWARDS OF
EXCELLENCE" CEREMONY.
N.
DIRECT ASIMIN12TR3ATION TO DO A GENERAL
M 86-251
217-226
AND CONCEPTUAL MASTER PLAN FOR WATSON
3/10/86
ISLAND.
$5.
DEFER PRESENTATION OF A REPORT ON
DISCUSSION
228
ACTIONS TAKEN BY DEPARTMENT OF FIRE,
3/10/86
RESCUE AND INSPECTION SERVICES
REGARDING RECOMMENDATIONS OF THE
NATIONAL INVESTIGATIVE PANEL.
86.
AUTHORIZE ADMINISTRATION TO ISSUE AN
R 88-254
229
RFP ON COMPUTER SOFTWARE FOR AN
3/10/86
INTEGRATED FINANCIAL AND PERSONNEL
SYSTEM - APPOINT CHAIRMAN FOR
COMPETITIVE SELECTION/NEGOTIATION
COMMITTEE. (See lapel 19)
•7.
RESTATE COMMISSION'S DECISION NOT TO
M 86-255
230
SELL FIRE STATION NO. 14 PRESENTLY USED
3/10/88
AS A CHILD CARE FACILITY.
so.
DISCUSSION REGARDING LIST OF CITY
DISCUSSION
231-232
PROPERTIES CLASSIFIED AS UNDER-UTILIZED
3/10/88
AND SUITABLE FOR DISPOSITION.
89.
UPDATE CITY'S CODE TO ALLOY HORSES IN
M 86-256
232-237
CERTAIN CITY PARKS - DIRECT
3/10/88
ADMINISTRATION TO DRAFT A PROPOSAL
INCORPORATING SUGGESTED GUIDELINES.
90.
DISCUSSION CONCERNING MIAMI MARINE
DISCUSSION
238-240
STADIUM PROPERTY.
3/10/88
91.
REFER TO CITY ATTORNEY COMPLAINT BY
M 88-257
240-243
OWNER OF EAST COAST FISHERIES
3/10/88
CONCERNING TICKET ISSUED TO VALET
PARKING SERVICE BY POLICE DEPARTMENT
(DEFERRED TO NEXT MEETING).
92.
(A) RESCHEDULE MARCH 24TH COMMISSION
R 88-258
243-244
MEETING TO COMMENCE AT 3:30 P.M. (B)
3/10/88
CONTINUE AGENDA ITEM 100 TO THE MARCH
24TH MEETING.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
a*+tee
On the loth day of March, 1988, 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 9:05 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
Halter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Kennedy then led
those present in a pledge of allegiance to the flag.
------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS
------------------------------------------------------------------------------
1. Plaques presented to City of Miami Planning Advisory Board members:
Jorge Pedraza, Pablo Gomez, Pedro Lopez and Herb Lee Simon.
2. Special Recognition to Commander Mader, USN, commanding officer of the
new nuclear submarine, the USS Miami. Commander Mader presented Mayor
Suarez with a model of the USS Miami, a photograph of a submarine
launching and a command ball cap.
3. Proclamation to United Tenant Council saluting their dedication and
efforts on behalf of the well being and safety of the community and
declaring March 10, 1988 as United Tenant Council Day. Dr. Vega accepted
the proclamation on behalf of the United Tenant Council.
4. Certificates awarded to Ron Ziel and Judith Dematteis who were selected
as the outstanding employees of the year.
NOTE FOR THE RECORD: On motion duly made and seconded, minutes of
the City Commission Meetings of November 19, December 2 and
December 10, 1987, and January 14, 1988 were unanimously approved.
------------------------------------------------------------------------------
2. GRANT $50,000 FROM DEPARTMENT OF OFF-STREET PARKING EXCESS REVENUES TO
COCONUT GROVE LOCAL DEVELOPMENT CORPORATION FOR ECONOMIC DEVELOPMENT
SERVICES.
------------------------------------------------------------------------------
Mayor Suarez: Dave, what have you got?
Mr. David Alexander: Mr. Mayor, Commissioners, Vice Mayor we're requesting
the release of the $50,000 set aside for economic development from the Off -
Street Parking fund from six months ago. We have four items we have to take
care of right away so that we can come back to you at the next meeting and
make formal presentations, we have to absorb some soft costs.
1 March 10, 1988
Mayor Suarez: Is this money key to being able to do something at Grand and
Douglas?
Mr. Alexander: Absolutely, sir, two of our four projects.
Mayor Suarez: Why, if we approved this six months ago, you haven't gotten it
yet?
Mr. Alexander: Well, I haven't had any money to spend, Mr. Mayor, and this is
what it's about. Right now, we have plans and we have the money from you if
we can get it today. Commissioners, does anybody have any problem with...
Mr. Plummer (Off and on mike): Well, the only question is that they... you
know, you spoke with me prior...
Mr. Alexander: Yes, air.
Mr. Plummer: ... usually there's presented a proposal of what you're going to
do with it.
Mr. Alexander: That is correct, sir. We have...
Mr. Plummer: I would say that we release the money this morning but it would
be held by the Manager until such time that a program is put forth of what the
money is going for.
Mr. Alexander: We met with Community Development yesterday and here's the
problem, Commissioner. We need to absorb some soft costs in order to make
that presentation, that's what it's about. And we know...
Mayor Suarez: He's just saying that the Manager will have discretion to
review your plans.
Mr. Odio: I'd rather have a contract drawn up with a plan and then coming by
you, and if you agree, then we'll....
Mr. Plummer: Well, that's normal.
Mayor Suarez: Again, to the Commission, well it's up to the Commissioners,
for me, if...
Mr. Odio: Well, it's up to you but I'd rather have a contract and a proposal
in writing.
Mayor Suarez: Commissioner Plummer's idea to let you have the discretion on
it would be fine with me.
Mr. Plummer: Well, of course, but it's part of his normal procedure, I
thought, would be auditing, a contract, and a proposal. That's normal
procedure.
Mr. Odio: Yes, sir.
Mr. Plummer: But, Dave, please now what I just heard was that you need the
money to make the presentation. I hope you're not going to spend a lot of
money on presentation.
Mr. Alexander: No, sir, if you recall, you received a letter from an irate
citizen a few months ago that we couldn't help a specific businessman that was
in trouble. And that's, you know, we've negotiated a note downwards, we're
trying to rescue the business from closing and that's why it's an emergency
and that's located right there at the corner of Grand and Douglas in that
laundromat. And we met yesterday with Frank Castaneda and we explained the
situation to him.
Mr. Plummer: Well, I'll make a motion that the money be approved by this
Commission to be released subject to the conditions set forth by the Manager
of a contract, a presentation and auditing procedures. I so move.
Mr. Alexander: Absolutely. Thank you, sir.
Mayor Suarez: So moved.
2 March 10, 1958
94
Mfrs. Kennedy: Second.
Mayor Suaret: Seconded
Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-194
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED,
BETWEEN THE CITY OF MIAMI AND THE COCONUT GROVE LOCAL
DEVELOPMENT CORPORATION, INC. IN AN AMOUNT NOT TO
EXCEED $50,000; SAID ALLOCATION TO BE A ONE-TIME GRANT
WITH FUNDS PROVIDED FROM THE OFF-STREET PARKING
AUTHORITY EXCESS REVENUES ALLOCATED TO THE COCONUT
GROVE TARGET AREA TO PROVIDE SPECIFIC ECONOMIC
DEVELOPMENT SERVICES IN THE COCONUT GROVE TARGET AREA.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: No, you don't have to bring, we're authorizing you to do it but
it must be to your approval.
Mayor Suarez: Thank you for the clarification.
Mrs. Kennedy: Yes, but, David, I would also like to meet with you and see it.
OK?
Mr. Alexander: Absolutely. Thank you, Commissioners, and...
Mayor Suarez: Wait, wait we haven't finished the vote yet.
Mrs. Kennedy: Wait, we haven't finished the...
Mr. Alexander: Oh.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Now you can thank us.
Mr. Alexander: I want to say happy birthday to Commissioner Miller Dawkins
and I appreciate he's helped us to get something on his birthday.
Congratulate you, Mr. Mayor.
Mr. Dawkins: Well, this doesn't mean you can say, kiss me, it's my birthday.
Mr. Alexander: OK, thank you very much, sir.
Mayor Suarez: For your other friends.
Mr. Plummer: For his birthday, I'm giving hira a gift certificate from the
Funeral Home. The only problem is it expires before he does.
3 March 10, 1988
3. BRIEF DISCUSSIUN OF ACCEPTANCE OF RESULTS OF SPECIAL ELECTION OF MARCH
8, 1988 (DEFERRED TO APRIL 14, 1988 AGENDA).
Mr. Plummer: Excuse me, Mr. Mayor, the agenda, I think, shows an A item
before the consent agenda on the election, the disaster.
Mayor Suarez: Oh, I'm sorry. I missed it if there is.
Ms. Hirai: Mr. Mayor.
Mayor Suarez: Yes, Madam City Clerk on the election results.
Ms. Hirai: We have contacted Metropolitan Dade County and they're still
counting absentee ballots. They suggested that we call back at noon to find
out whether we will have them sometime between three and five today. We have
to receive a certificate in order to present our certificate to you.
Mayor Suarez: OK. We'll take it up at that time then.
Mr. Plummer: Well, OK, let me ask another question. And this is a recurring
question. We were going to establish a board of canvassing of the City of
Miami. To my knowledge, it is yet to be done. Now we've talked about that
for four years. I think it is very, very important when City issues or City
candidates are involved in an election that we should have the right,
authority and monitoring privilege. Now, Madam City Attorney... go ahead.
Damn, they're getting older and uglier.
Bob Clark, Esq.: Commissioner, the state law...
Mr. Plummer: Look, send me a memo.
Mr. Clark: All right.
Mr. Plummer: I'm saying to you that this Commission has expressed, on a
number of occasions, that we want to have, not to circumvent Dade County, in
addition to. OK? Send me a memo.
4. DISCUSSION REGARDING PROPOSED DEMOLITION OF UNSAFE STRUCTURES THROUGHOUT
THE CITY (SEE LABEL 6).
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. De Yurre: While we're on that vein, the other day I went to 27th Street
and 22nd Avenue, N.W. because I was called in there by the neighbors because
of dilapidated houses that were in such a situation that nobody could live
there. In fact, some of the houses have been burned; these are wooden shacks.
And when I called demolition to see if they could raze these properties, I
spoke with Hector Lima and he explained to me the process for the demolition
situation. And he said that before they can go ahead and demolish a property,
that they had to go before the unsafe structure board of the county and the
setup is that the City of Miami can only bring forth fifteen cases per
meeting. They meet once a month. The last meeting they had was in January,
the February meeting was not held because there wasn't a quorum and the
meeting that should have been held this Tuesday was not held because we had
the elections. So as it is, and he explained to me there were approximately a
thousand properties that were in the situation where demolition should take
place, that there's such a backlog because you can only take fifteen per month
and I wanted to see if it was possible that we could create our own board to
expedite these properties to be demolished. I know most of these properties
are being used as warehouses for drug dealing and certainly this one is and
I'd like to see if we can move forth on creating our own board here.
4 March 10, 1988
r t
Mayor Suarez: There was a proposal that I think Jerry Gereaux told me he was
going to send me under which the City was contemplating or had contemplated at
one point also, and this is related to what the Commissioner's saying,
regaining its enforcement powers for housing code violations. And it came
with a fee schedule and the whole bit to self finance it. I don't believe
I've received that from Jerry but maybe... Mr. Manager, I like the
Commissioner's idea and I presume what you'd like is the Manager to
investigate and get back to us on the recommendation on that?
Mr. De Yurre: Yes, I'd like to have that.
Mayor Suarez: The feasibility and legality of that. The backlog of
demolition of unsafe structures in the City of Miami is evident just by
driving around the City. We have many buildings boarded up and it'd be nice
to reverse a trend by which the City was giving up functions to the county and
start going in the opposite direction.
------------------------------------------------------------------------------
5. DIRECT ADMINISTRATION TO PUT BACK OUT FOR BID RFP LEASE FOR MANAGEMENT
OF PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE (MERRILL STEVENS BOAT
YARD PROPERTY) (SEE LABEL 59).
Mayor Suarez: Dr. Dunn, are you waiting to be heard on an emergency basis on
this issue? I just read your letter.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS.
Mayor Suarez: Go ahead, sir, while they confer over there. If 1 may.
Mr. De Yurre: Go ahead.
Dr. Marvin Dunn: Good morning, Mr. Mayor and members of the Commission. We
certainly would like to say to the Commission the Dinner Key Boatyard Company
is very much interested in pursuing the next step of resolving the question of
the long term use of the so called Merrill -Stevens site. We have suggested in
a letter to the Manager that the matter be referred to the Waterfront Board
for review of the RFP process so that we might move ahead in reopening the
bidding process. One other point...
Mayor Suarez: Why do we even have to go to the Waterfront Board, couldn't we
just do an expedited fast tracked reissuance of the RFP on the same basis in
the hopes that this time we'll be able to advise the voters and this time The
Miami Herald and so on will recommend it?
Mr. Odio: I think I can save a lot of time, Marvin...
Mr. Dunn: Yes, sir.
Mr. Odio: I think the problem with the RFP is I hate to have to say that
we're going to be less demanding. We been always accused that we are too
loose and now, because we were tough...
Mayor Suarez: I thought it was too demanding, I always said that.
Mr. Odio: Well, I feel , but I still feel good about it. The only one
issue that I think held back other bidders from what I've been able to find
out is the restaurant and that's what I was the key that a restaurant 3,000
square feet, it should have been 4,000. If you have 4,000 square feet then
you can have a liq...
Mayor Suarez: A restaurant, you say?
Mr. Odio: Yes, then you can have a liquor license.
Mayor Suarez: But that kind of a minor variation could be made very quickly
and the RFP issued...
Mr. Odio: See, the appraise...
5 March 10, 1988
Mr. Dunn: I think the four point...
Mayor Suarez: ... and bids obtained cnd �e...
Mr. Plummer: Well, the problem that we have, Mr. Mayor, is that you were here
when we had all of the people down here for a public hearing. They didn't
want any structures being built.
Mrs. Kennedy: Right.
Mr. Plummer: That was the problem of the hue and the outcry of the people of
Coconut Grove. Mr. Manager, what I would suggest in your thinking when you do
and redo the RFP, is that you give that as an alternate. If that, in fact, is
the key factor.
Mr. Odio: But I guess my question, should we redo the RFP? I feel good with
the RFP.
Mr. Dawkins: Well , let me make...
Mr. Plummer: Well, obviously the voters didn't.
Mr. Dawkins: Well, let me make myself clear.
Mayor Suarez: Commissioner.
Mr. Odio: No, I mean, the bidders didn't.
Mr. Dawkins: Let me make myself clear, OK. I'm not going to vote for any
watered down RFP. Now, if this group had guts enough to bid on the RFP as it
was, then put it back out as it was and if they're the only group that comes
in again, then it's time, like somebody up here said, let's go out and educate
the voters, it's what we got. But if you water down the RFP in order to let
somebody come in and steal the land for what they want and what have you, I'm
not voting for it.
Mrs. Kennedy:
Right and also remember that it's a policy of this Commission
to have a full
service marina and that should stay.
Mayor Suarez:
For myself, I would reissue it as quickly as it can
be done
with the same
exact terms and hope that we can educate the public
and The
Miami Herald so that this time it would pass.
Mr. Dawkins:
Why you all keep worrying about The Miami Herald? The Miami
Herald doesn't
have one vote in the City of Miami. OK?
Mayor Suarez:
No, because he's saying....
Mr. Dawkins:
Worry about the people in the City of Miami who vote.
That's
who we have to
convince, OK?
Mr. Dunn: Well,
we are prepared to move forward, Mr. Mayor.
Mr. Dawkins:
The Miami Herald didn't convince one damn Cuban to vote
for the
bond issue, school
bond issue. OK?
Mayor Suarez:
That's true.
Mr. Dawkins:
So give me a break.
Mayor Suarez:
That's true.
Mr. De Yurre: Well, the thing also, Mr. Mayor, is that if you look at Monty
Trainer's, they spent thousands of dollars in advertising. The school board
or the bond people spent hundreds of thousands in advertising and I didn't see
one ad.
Mayor Suarez: Your hundred and thirty thousand dollars the committee spent.
How does it look on being able to promote this thing, Dr. Dunn, if we were
to - if you were to be awarded the bid again and we were to put it on the
ballot in the next five or six months?
6 March 10, 1968
Mr. Dunn: Well, Mr. Mayor, I think waiting another five or six months could
be a problem, that property is in pretty dilapidated...
Mayor Suarez: Well, whatever number of months it takes, I mean, I don't...
Mr. Dunn: We certainly intend to promote the matter very vigorously in the
community and would hope that the Commission would help us and other groups as
well, in doing that; so we're ready to move forward.
Mayor Suarez: The margin wasn't really that big. I mean what was the...
Mr. Dunn: Forty-seven to about 53 more or less.
Mr. Plummer: Dr. Dunn, I'm going to make one suggestion to you because one of
the complaints that I heard of people that were negative, I think that you
need to incorporate in your package, someone with extensive marina background,
more so than what you have. Because I heard that time and time again that the
people who are involved, well they're investors. Who is knowledgeable with
deep background in marina operation? Now, I know you have one there, but
maybe what you need to consider is to have more than one up front people to
say that you do have extensive background in the marina operation.
Mr. Dunn: Well, we certainly have Ron Falky who has an extensive background
in that we could...
Mr. Plummer: Well, we're all aware of that but maybe what you might want to
consider, not necessarily as a partner, but at least involved in the group,
some more background. I think that that would be worthwhile to look into.
Mr. Dunn: Thank you Mr. Commissioner.
Mr. Odio: What are the instructions from the Commission in this case?
Mayor Suarez: We don't have any yet.
Mr. Dawkins: Good question.
Mayor Suarez: I've said how I feel about it. I'll entertain a motion from
the Commission. Do you want to make a statement on the...
Mr. Dick Briggs: Yes, if I may, Mr. Mayor. Dick Briggs, the executive
director of the Marine Council. I have a letter here than unfortunately I
wasn't able to get distributed to you all from our president based on a motion
yesterday at our board meeting. May I read it? It's very short.
Mayor Suarez: Please, go ahead.
Mr. Briggs: "The board of directors of the Marine Council at their regular
monthly meeting held on March 9th has asked that I convey to you their wish
that the City of Miami Commission promptly initiate the redrafting and
issuance of an RFP for the lease of the property of the so called Merrill -
Stevens site in Dinner Key for use as a full service boatyard. We are
disappointed that the voters of the City of Miami did not support the lease
between the City and Dinner Key Boatyard Management Company. However, prompt
action to revise and reissue the RFP while making it more attractive to
qualified bidders appears to be the appropriate course of action now. To
continue to pursue the establishment of a healthy, fully equipped, fully
staffed boatyard, boat repair facility, which reflects a degree of permanence
is essential to the resident and visitor boating community and to the
community at large. Respectfully, George M. Good, President." That's the end
of the statement.
Mayor Suarez: Thank you for the recommendation. Commissioners, what do you
want to do on the item? Give clear indication to the Manager what he's
supposed to...
Mr. Plummer: Put it back out.
Mayor Suarez: Put it back out. I'll entertain a motion to that effect.
Mr. Dawkins: I'll second the motion and put it back out with a not watered
down bid.
7
March 10, 1988
r r
Mr. Plummer: Well...
Mayor Suarez: With all of the safeguards that were included...
Mr. Dawkins: That mean, that's my second, I don't know if maker of the motion
want that...
Mr. Plummer: OK, the maker of the motion would still like to see one
provision, Miller, because I really don't see any big problem to put in the
bid a provision for an alternative of a restaurant. It doesn't mean that it's
going to be.
Mr. Dawkins: Well, I don't know. OK, well that's my...
Mr. Plummer: It would be just more of a source of revenue to them and to us.
Mr. Dawkins: But my problem with that, J.L., is you got Monty Trainer's food,
we got the Chart House food...
Mr. Plummer: Yes, that's true.
Mr. Dawkins: ... we got P.J.'s, or whatever this is, food, you got Grand Bay
food, you got Coconut Grove Hotel food and we don't need another eatery.
Mr. Plummer: You convinced me. Put it back out, as is.
Mayor Suarez: So moved and do we have a second, Commissioner Dawkins?
Mr. Dawkins: Yes.
Mayor Suarez: Any discussion from the Commission? Call the roll.
MOTION NO. 88-195
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS THE CITY COMMISSION INSTRUCTED THE
ADMINISTRATION TO REISSUE RFPs IN THE ABOVE MATTER AND NOT TO
WATER DOWN THE PROVISIONS AS SET FORTH IN THE ORIGINAL RFP. THE
MOTION PASSED WITH A UNANIMOUS VOTE.
NOTE: THIS MOTION WAS LATER FORMALIZED AS R-88-240.
Mr. Plummer: I would assume, Mr. Mayor, simultaneously it would be presented
to the Waterfront Board also.
Mayor Suarez: That's a good idea try to get their...
Mr. Plummer: It's to get their recommendations and their thoughts and their
ideas.
Mayor Suarez: We have, and I want to say, Mr. Manager, we have once or twice
fast tracked RFPs when we've thought that something ought to be done very
quickly and I hope that we can do the same thing in this case.
Mr. Odio: Mr. Mayor, we'll put it out as soon as possible, by Monday I hope,
and...
Mayor Suarez: And then the evaluation process and everything else.
Mr. Odio: Have the committee in place, just evaluate them again and proceed
with it.
Mayor Suarez: Beautiful.
Mr. Plummer: Would we be smart to make a motion today and I'll be willing to
do such that we schedule this for the September ballot?
Mr. Odio: No, you're premature because if you get...
Mr. Plummer: I'm talking about getting the time running.
Mr. Odio: No, well, Commissioner, if you get three.:.
8 March 10, 1968
Mr. Plummer: Madam City Attorney.
Mr. Dawkins: Yes, yes, second. If we don't get it done, we don't get it
done.
Mr. Odio: Sure, but if you get three bidders...
Mr. Plummer: I'll make a motion at this time that the City Attorney be
instructed to start the procedures necessary to get it on the September
ballot.
Mr. Odio: Commissioner, if you get three bidders, you don't need to go to the
ballot, remember that.
Mr. Plummer: That's our prerogative.
Mr. Odio: Oh, oh, what do you mean?
Mr. Plummer: That's our prerogative.
Mr. Odio: No, we need to know, we need to notify the bidders that...
Mr. Plummer: Start the procedure. If you only get two, at least you got the
vehicle running.
Mr. Odio: OK.
Mayor Suarez: So that would be at the latest. Call the roll.
Mr. Plummer: Well, there is no election, to my knowledge, prior to that.
Mayor Suarez: No, I mean if they wanted to propose a special election that
they would fund or something to that effect.
Mr. Plummer: I doubt that. You're talking about $100,000.
Mayor Suarez: Well, it's their money.
Mr. Plummer: And a low turnout.
Mayor Suarez: It's their money. The low turnout is...
Mr. Plummer: It can work either way.
Mayor Suarez: ... the concern, although it's been done in the past another
extension of an important lease on the bayfront. I think we've solved enough
for one day here.
------------------------------------------------------------------------------
6. CONTINUED DISCUSSION REGARDING PROPOSED CREATION OF CITY OF MIAMI UNSAFE
STRUCTURES BOARD (SEE LABEL 4).
------------------------------------------------------------------------------
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. De Yurre: If we can wrap up the thing about the board, are we going to
get a study then, a recommendation?
Mr. Odio: On seventeen?
Mr. De Yurre: No.
Mayor Suarez: No, no, no, on the City having its own unsafe structures board.
Mr. Odio: Yes, the attorney, Bob Clark, was telling me that maybe we are
prohibited from doing so, so I need to...
9 March 10, 1988
Mayor Suarez: There's always a way when we're prohibited to.
Mrs. Dougherty: You'd have to get a change in the state law. Right now, it's
the South Florida building code provides that only the counties may do that.
The counties even prohibit us from having our building permits and anything in
the South Florida building code being enforced before our Code Enforcement
Board. So it would require a change in state law.
Mayor Suarez: The package that Jerry was going to send with the proposal on
the City having code enforcement power, something we've been thinking about
for a long time on housing code also would require state legislative change,
would it not?
Mr. Plummer: Code enforcement.
Mrs. Dougherty: The housing code... if you have your own housing code, in
fact I think we do...
Bob Clark, Esq. (Off mike): We gave it to the county, we can ask them to give
it back.
Mrs. Dougherty: We can get it back.
Mayor Suarez: In that case, maybe they can just go ahead and give it back.
They might be glad to give it back.
Mr. Plummer: Well...
Mr. Odio: By the way, they haven't met for two months so that puts us three
months behind.
Mr. De Yurre: I know, that's what I'm saying.
Mr. Plummer: Like Victor said, if they've got a thousand units to look after
and they can only handle fifteen a month, they might want the help of the City
to help them enforce it and they might join with us and join hands. The
question I've got, the one thing that we legally can do is through code
enforcement. Now why aren't we doing, I'll give you a good example, Third
Avenue and 15th Road across from the Farm Store. That building is an absolute
disaster. It is a hangout for undesirables, people living out of a car in the
back yard. Why can't we, with our code enforcement board at least go in there
and board the damn place up? It's ridiculous. I don't understand. Excuse
me, I'm not picking on one location, I just happen to be very familiar with
that one and don't speak to that one location. I know you're working on it.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Big deal! You know, they just burned down the house in the back
of it last week.
Mr. Odio: Commissioner, you didn't hear it, he's going to demolish.
Ms. Edith& Fuentes: We are...
Mr. Odio: In the process of demolish?
Ms. Fuentes: ... just waiting for the times to lapse. After...
Mr. Plummer: Edith, Edith, my point that I'm trying to make of the arm that
we legally have, code enforcement, that's ours, we can do with that. Why
can't we take these cases that Victor's talking about before that board and at
least get the damn places boarded up and get the people out of there. Now,
that's the only thing that I'm trying to say. What legal arm do we presently
have that we can use to maybe bring about the same end?
Ms. Fuentes: That's exactly, I think, what we were trying to talk to Legal
Department because we do not have the South Florida Building Code... does not
come under the Code Enforcement Board. We do not have the right to take those
cases before the Code Enforcement Board. This is basically a zoning, you
know, case board, City ordinances and so on and so forth. And the unsafe
structures board at this time, they have cancelled, as a matter of fact, two
months meeting. We're three months delayed and they have...
10 March 10, 1988
Mayor Suarez: we're aware of all of that. We're aware of all of that. What
do you suggest we do? Do you suggest that we go to the state legislature and
ask for that?
Ma. Fuentes: I think we should give it a try and see if we can do it nn our
own and expedite as much cases as we can.
Mayor Suarez (Off mike): Do you want to put it in a legislative package, do
you want a resolution to that effect?
Mr. De Yurre: Well, let's do that. Yes, I do.
Mr. Dawkins (Off mike): Second.
Mayor Suarez: Resolution to have the City make a legislative priority the
modification of the state law that will allow us to have our own unsafe
structures board. We have a motion and a second. Any discussion? Call the
roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-196
A MOTION OF THE CITY COMMISSION DIRECTING THE CITY
MANAGER TO MAKE A LEGISLATIVE PRIORITY, AND TO INCLUDE
AS PART OF THE CITY'S PACKAGE, A PROPOSED AMENDMENT TO
THE EXISTING STATE LAW WHICH WOULD ALLOW THE CITY OF
MIAMI TO ESTABLISH ITS OWN UNSAFE STRUCTURES BOARD.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
7. BRIEF COMMENTS IN CONNECTION WITH DRUG STING OPERATIONS.
Mr. Dawkins: Mr. Mayor, I have one here.
Mayor Suarez: Yes.
Mr. Dawkins: Mr. Manager, I'm going to give you an article I got out of the
paper this morning and it says, "Beach grocery shut down for alleged cocaine
sale,", OK? Here's where the Miami Beach Police undercover agents documented
fifteen drug sales at the grocery store over a four month period and they shut
him down. OK? Now this is why I can't understand, I keep saying reverse
stings aren't worth a damn. That's my opinion. I want the papers to
understand that's Miller Dawkins' opinion, see. If you know somebody is
selling drugs and go there and arrest the person selling drugs and put a
policeman in there to wait for somebody else to come purchase drugs, I'm not
accomplishing nothing but a whole lot of headlines. OK? Go there and put the
guy in jail and lock up the building. So I want you to bring back at the next
meeting how we can implement this same thing that Miami Beach just did.
Mr. Odio: .es, sir.
11 March 10, 1988
t r
--------------------
8. CONSENT AGENDA
Mayor Suarez: Items one through 34 comprise the consent agenda.
Commissioners want to have any items considered separately?
Mr. Plummer: Eighteen.
Mayor Suarez: Eighteen, Commissioner Plummer.
Mrs. Kennedy: Eight, 17 and 29.
Mr. Odio: 17 is withdrawn.
Mayor Suarez: Seventeen's withdrawn by the administration.
Mr. Odio: I need to withdraw, Mr. Mayor, number 14, we have an official...
Mr. Dawkins: Huh? Why you withdraw...
Mr. Odio: Fourteen. We have an official protest on the purchasing process...
Mr. Dawkins: I was going to pull it, but let me see why you withdrew it. You
did what now?
Mr. Odio: Withdraw it.
Mr. Dawkins: No, I want to discuss it.
Mr. Odio: Well, Mr...
Mr. Dawkins: And then you can withdraw it.
Mayor Suarez: OK, item 14's been pulled by Commissioner Dawkins.
Mr. Dawkins: Fourteen, 19, 24, 27, 29, 30 and 31.
Mrs. Kennedy: There goes the consent agenda.
Mr. Dawkins: That's right. That's right.
Mr. De Yurre: I've got number one and 20.
Mayor Suarez: One and 20.
Mr. Plummer: Are there any left?
Mayor Suarez: Items... one through 34 with the exceptions of 1, 8, 14, IS...
Mr. Dawkins: Nineteen.
Mayor Suarez: ... 17, 18, 19, 24, - 20, 24, 27, 30 and 31 comprise the
consent agenda. Is there anyone from the...
Mr. Dawkins: Twenty-nine, you got 29.
Mayor Suarez: And 29, I'm sorry. Does anyone from the general public wish to
be heard on any of those items other than the ones that have been pulled which
the Commissioners will have, will want to consider separately? Let the record
reflect that no one has stepped forward. We can take a motion on the consent
agenda.
Bob Clark, Esq.: Mayor, in connection with the items that we pointed out have
been modified, I'm informed that on item 18 the amount of $228,000 odd dollars
should be $250,000 and the reference to a railroad crossing in the next line
or so, should be railroad and pedestrian crossing.
Mayor Suarez: OK, with those modifications, I'll entertain a motion on the
consent agenda.
12 !larch 10, 1988
f f
Mr. Plummer: Well, 18's been pulled because I want to discuss it.
Mayor Suarez: Did I miss 18 when I left? Oh, OK, and 18 also pulled. With
those exceptions, are you confused?
Mr. Plummer: Move the consent agenda.
Mayor Suarez: Twenty-eight will be part of the consent agenda. Do you want
to discuss that separately? We can pull that out. And with the exception of
28. Move it. Do we have a second?
Mr. Plummer: Second - oh, I moved it.
Mr. Dawkins: Second.
Mayor Suarez: Move and second. Call the roll.
THEREUPON, THE CITY COMMISSION ON MOTION DULY MADE BY COMMISSIONER
PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, ADOPTED THE
HEREINBELOW RESOLUTIONS BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
8.1 ACCEPT BID: URBAN SOUTH, INC. - FOR VIRGINIA KEY IMPROVEMENTS/LIFEGUARD
FACILITIES.
RESOLUTION NO. 88-197
A RESOLUTION ACCEPTING THE BID OF URBAN SOUTH, INC.
IN THE PROPOSED AMOUNT OF $21,455.00, BASE BID OF
THE PROPOSAL, FOR "VIRGINIA KEY IMPROVEMENTS -
LIFEGUARD FACILITIES, "WITH MONIES THEREFOR
ALLOCATED FROM THE 1988 CAPITAL IMPROVEMENT
ORDINANCE NO. 10347, PROJECT NO. 331044 IN THE
AMOUNT OF $21,455.00 TO COVER THE CONTRACT COST; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.2 ACCEPT BID: VAN TOPOLE CONSTRUCTION, INC. - FOR FIRE STATION NO. 6 -
WASHROOM MODIFICATIONS.
RESOLUTION NO. 88-198
A RESOLUTION ACCEPTING THE BID OF VAN TOPOLE
CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF
$23,669.00, BASE BID OF THE PROPOSAL, FOR FIRE
STATION NO. 6 - WASHROOM MODIFICATIONS, WITH MONIES
THEREFOR ALLOCATED FROM THE 1988 CAPITAL IMPROVEMENT
ORDINANCE NO. 10347, PROJECT NO. 313018, IN THE
AMOUNT OF $23,669.00 TO COVER THE CONTRACT COST; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13 March 10, 1988
f
r
6.3 ACCEPT BID: C. TARAFA CONTRACTING, INC. - FOR FIRE STATION NO. 8 -
WASMROOM MODIFICATIONS.
RESOLUTION NO. 88-199
A RESOLUTION ACCEPTING THE DID OF C. TARAFA
CONTRACTING, INC. IN THE PROPOSED AMOUNT OF
$24,900.00, BASE DID OF THE PROPOSAL, FOR FIRE
STATION NO. 8 - WASHROOM MODIFICATIONS; WITH MONIES
THEREFOR ALLOCATED FROM THE 1988 CAPITAL IMPROVEMENT
ORDINANCE NO. 10347, PROJECT NO. 313018, IN THE
AMOUNT OF $24,900.00 TO COVER THE CONTRACT COST; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.4 ACCEPT DID: BERGER SECURITY, INC. - FOR SECURITY SERVICES TO DEPARTMENT
OF PARKS, RECREATION AND PUBLIC FACILITIES.
RESOLUTION NO. 88-200
A RESOLUTION ACCEPTING THE BID OF BERGER SECURITY,
INC. FOR FURNISHING SECURITY SERVICES TO THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES ON A CONTRACT BASIS FOR ONE (1) YEAR
RENEWABLE FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS AT
A TOTAL PROPOSED FIRST YEAR COST OF $44,550.00;
ALLOCATING FUNDS THEREFOR FROM THE 1987-88 ORANGE
BOWL ENTERPRISE FUND ACCOUNT CODE NO. 580402-340
($18,700.00) AND 1988-89 ($25,850.00); AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE;
AND FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND
THE CONTRACT FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS
UNDER THE SAME PRICES, ITEMS AND CONDITIONS, SUBJECT
TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.5 ACCEPT BID: CLOVER ELECTRONICS, INC. - FOR FURNISHING BROAD BAND MODEMS
FOR DEPARTMENT OF COMPUTERS.
RESOLUTION NO. 88-201
A RESOLUTION ACCEPTING THE BID OF CLOVER ELECTRONICS
INC. FOR FURNISHING BROADBAND MODEMS FOR THE
DEPARTMENT OF COMPUTERS/CABLE COMMUNICATIONS AT A
TOTAL PROPOSED COST OF $59,328.00; ALLOCATING FUNDS
THEREFOR FROM THE 1987-88 OPERATING BUDGET SPECIAL
REVENUE FUND ACCOUNT CODE NO. 540201-840;
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.)
14 March 10, 1968
r
6.6 ACCEPT SIDS: WILDCAT WRECKING DEMOLITION, INC. AND J.R. BUILDERS, INC. -
FOR DEMOLITION SERVICES FOR DEPARTMENT OF BUILDING AND ZONING.
RESOLUTION NO. 86-202
A RESOLUTION ACCEPTING THE BIDS OF WILDCAT WRECKING
DEMOLITION, INC. IN THE AMOUNT OF $7,500.00 AND J.R.
BUILDERS, INC. IN THE AMOUNT OF $13,666.00 FOR
FMISHING DEMOLITION SERVICES FOR THE DEPARTMENT OF
BUILDING AND ZONING AT A TOTAL PROPOSED COST OF
$21,168.00; ALLOCATING FUNDS THEREFOR FROM THE
COMMUNITY DEVELOPMENT DEMOLITION FUND ACCOUNT CODE
0451320-340-779206; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.7 ACCEPT BID: MULTIPLE EMERGENCY SERVICES, INC. - FOR FURNISHING TWO
RESCUE SCOOTERS TO DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES.
RESOLUTION NO. 88-203
A RESOLUTION ACCEPTING THE BID OF MULTIPLE EMERGENCY
SERVICES, INC. FOR FURNISHING TWO (2) RESCUE
SCOOTERS TO THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES AT A TOTAL PROPOSED COST OF
$55.715.00; ALLOCATING FUNDS THEREFOR FROM THE 1987-
88 FIREBSND ACCOUNT CODE NO. 313223-289401-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THESE VEHICLES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.8 ACCEPT BID: SOUTHERN TOOL - FOR FURNISHING ONE BRAKE LATHE TO DEPARTMENT
OF FIRE, RESCUE AND INSPECTION SERVICES.
RESOLUTION NO. 88-204
A RESOLUTION ACCEPTING THE BID OF SOUTHERN TOOL FOR
FURNISHING ONE (1) BRAKE LATHE TO THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL
PROPOSED COST OF $7,738.79 ALLOCATING FUNDS THEREFOR
FROM THE 1987-88 OPERATING BUDGET ACCOUNT CODE NO.
280701-840; 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.)
15 March 10, Igoe
j
8.9 ACCEPT SIDS DUPONT PLAZA MOTEL - FOR FURNISHING MARINA DOCKSIDE SERVICES
TO THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION.
RESOLUTION NO. 88-205
A RESOLUTION ACCEPTING THE BID OF DUPONT PLAZA HOTEL
FOR FURNISHING MARINA DOCKSIDE SERVICES ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS TO
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AT
A TOTAL PROPOSED FIRST YEAR COST OF $45,000.00;
ALLOCATING FUNDS THEREFOR FROM THE 1987-68 OPERATING
BUDGET ACCOUNT CODE NO. 420301-715; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE;
FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND THIS
CONTRACT FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS
UNDER THE SAME PRICES, ITEMS AND CONDITIONS, SUBJECT
TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.10 EXECUTE INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY AVIATION
DEPARTMENT - PURCHASE 5,000 CUBIC YARDS OF TOP SOIL/FILL.
RESOLUTION NO. 88-206
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN INTER -LOCAL AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH METROPOLITAN DADE COUNTY FOR
THE PURCHASE OF 5,000 CUBIC YARDS OF TOP SOIL/FILL
AT A COST OF $2.60 PER CUBIC YARD, WITH FUNDS
THEREFOR BEING ALLOCATED FROM THE 1987-88 BUDGET OF
THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES, GOLF COURSE ENTERPRISE FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.11 LEASE 70 ADDITIONAL GOLF CARS FOR MELREESE GOLF COURSE FROM E-Z-GO
DIVISION OF TEXTRON.
RESOLUTION NO. 88-207
A RESOLUTION APPROVING THE LEASING OF SEVENTY (70)
ADDITIONAL NEW ELECTRIC GOLF CARS FOR THE MELREESE
GOLF COURSE FROM E-Z-GO DIVISION OF TEXTRON THE
VENDOR SUBMITTING THE LOWEST, COMPLETE AND
ACCEPTABLE BID PURSUANT TO BID NO. 86-87-124 FOR THE
LEASING OF SEVENTY (70) NEW ELECTRIC GOLF CARS FOR
THE MIAMI SPRINGS GOLF COURSE AUTHORIZED BY THE CITY
COMMISSION ON DECEMBER 10, 1987 UNDER RESOLUTION NO.
87-107S FOR THE DEPARTMENT OF PARKS, RECREATION AND
PUBLIC FACILITIES; PROVIDING THAT THE CITY MANAGER
BE AUTHORIZED TO EXECUTE A LEASE AGREEMENT FOR A
ONE-YEAR PERIOD, WITH OPTION TO RENEW FOR FOUR (4)
ADDITIONAL ONE YEAR PERIODS, SUBJECT TO THE
AVAILABILITY OF FUNDS, AT A TOTAL PROPOSED YEARLY
COST OF $58,548.00; ALLOCATING FUNDS THEREFOR FROM
THE 1987-88 GOLF COURSE ENTERPRISE FUND MELREESE
ACCOUNT NO. S80201-340; FURTHER INSTRUCTING THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
16 March 10, 1988
4
9
S.12 REDUCE RETAINAGE IN CONTRACT WITH PNM CORPORATION FOR CONSTRUCTION OF
BAYFRONT PARK REDEVELOPMENT -PHASE I (SEE LABEL 11).
RESOLUTION NO. 68-208
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REDUCE
THE RETAINAGE IN THE CONTRACT BETWEEN THE CITY OF
MIAMI AND PNM CORPORATION FOR THE CONSTRUCTION OF
BAYFRONT PARK REDEVELOPMENT PHASE I FROM 10E TO
7.5%.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.13 REDUCE RETAINAGE IN CONTRACT WITH PNM CORPORATION FOR CONSTRUCTION OF
BAYFRONT PARK REDEVELOPMENT -PHASE II (SEE LABEL 11).
RESOLUTION NO. 86-209
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REDUCE
THE RETAINAGE IN THE CONTRACT BETWEEN THE CITY OF
MIAMI AND PNM CORPORATION FOR THE CONSTRUCTION OF
BAYFRONT PARK REDEVELOPMENT PHASE II FROM 10% TO
7.5%.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.14 EXECUTE LEASE AGREEMENT WITH METRO-DADE COUNTY FOR 1,265 SQUARE FEET OF
SPACE IN OVERTOWN SHOPPING CENTER.
RESOLUTION NO. 88-210
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A LEASE AGREEMENT, I*' SUBSTANTIALLY THE ATTACHED
FORM AND IN A FORM %CCEPTABLE TO THE CITY ATTORNEY
WITH METRO-DADE COUNTY, FLORIDA, FOR THE LEASE OF
APPROXIMATELY 1,265 SQUARE FEET OF SPACE IN THE
OVERTOWN SHOPPING CENTER, LOCATED AT 1490 NORTHWEST
THIRD AVENUE, MIAMI, FLORIDA, SAID SPACE TO BE USED
IN CONNECTION WITH THE YOUTH AND FAMILY SERVICE
PROGRAM; AUTHORITY BEING GIVEN FOR SAID AGREEMENT TO
REMAIN VALID FOR TWO YEARS, WITH TWO OPTIONAL
RENEWAL PERIODS, AT A RENTAL RATE TOTALING
$10,752.00 FOR THE TWO-YEAR PERIOD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
8.15 EXECUTE AGREEMENT WITH WTVJ TELEVISION, INC. FOR PLACING ADVERTISEMENTS
IN THE ORANGE BOWL STADIUM.
RESOLUTION NO. 88-211
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED,
BETWEEN THE CITY OF MIAMI AND WTVJ TELEVISION, INC.,
FOR PLACING ADVERTISEMENTS IN THE ORANGE BOWL
STADIUM FOR ONE (1) YEAR WITH THE OPTION TO RENEW
FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, WITH
REVENUE OF $20,000 ANNUALLY; FURTHER AUTHORIZING THE
CITY MANAGER TO MAKE PAYMENT OF FIFTEEN PERCENT
(15%) COMMISSION TO SPORTS MARKETING TEAM, INC., THE
ADVERTISING AGENCY, AS REQUIRED IN SAID AGREEMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
17 !larch 10, 1988
f 9
1.16 AUTHORIZE MANAGER TO ISSUE REVOCABLE PERMIT TO HANDICAPPED OF AMERICA,
INC., FOR USE OF SPACE AT HAMEL ARTIME COMMUNITY CENTER.
RESOLUTION NO. 88-212
A RESOLUTION AUTHORIZING THE CITY MANAGER'S ISSUANCE
OF A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO HANDICAPPED OF AMERICA, INC., A
NONPROFIT CORPORATION, FOR THE USE OF SPACE IN THE
MANVEL ARTIME COMMUNITY CENTER, LOCATED AT 900
SOUTHWEST FIRST STREET, MIAMI, FLORIDA; PERMITTEE
PLANS TO OPERATE A REFERRAL SERVICE FOR HANDICAPPED
CLIENTS AND REVENUES ANTICIPATED FROM THIS PROGRAM
PILL TOTAL $2,097 PER YEAR, SAID PERMIT WILL BE FOR
AN INITIAL ONE-YEAR PERIOD, WITH SUCCESSIVE
AUTHORITY BEING GIVEN FOR SAID PERMIT TO REMAIN
VALID FOR ONE-YEAR PERIODS, SUBJECT TO THE CITY
MANAGER'S APPROVAL.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
S.17 AUTHORIZE PAYMENT OF CITY OF MIAMI GENERAL OBLIGATION HOUSING BOND
($5,000) TO REPLACE LOST BOND.
RESOLUTION NO. 88-213
A RESOLUTION AUTHORIZING THE PAYMENT OF CERTAIN CITY
OF MIAMI, FLORIDA GENERAL OBLIGATION HOUSING BOND,
DATED JUNE 1, 1984, IN THE PRINCIPAL AMOUNT OF FIVE
THOUSAND DOLLARS ($5,000.00) TO REPLACE A LOST BOND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
S.18 APPROVE ASSIGNMENT AND TRANSFER OF AGREEMENT FOR BUS BENCHES FROM MIAMI
DADE MARINE INVESTMENTS (D/B/A BUS BENCH COMPANY) TO STEVE MARTIN AND
ASSOCIATES, INC.
RESOLUTION NO. 88-214
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, APPROVING THE ASSIGNMENT AND
TRANSFER OF THE AGREEMENT FOR BUS BENCHES FROM MIAMI
DADE MARINE INVESTMENTS, D/B/A BUS BENCH COMPANY, TO
STEVE MARTIN & ASSOCIATES, INC., SAID APPROVAL BEING
CONDITIONED UPON THE EXECUTION OF AN ASSIGNMENT
AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
is !larch 10, 1988
4 1
9.19 AUTHORIZE STREET CLOSURES, PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL
PEDDLERS IN CONNECTION WITH THE 10TH ANNUAL COCONUT GROVE BED RACE.
RESOLUTION NO. 88-215
A RESOLUTION CONCERNING THE IOTH ANNUAL COCONUT
GROVE BED RACE, TO BE HELD MAY 22, 1988, SPONSORED
BY THE MUSCULAR DYSTROPHY ASSOCIATION, CLOSING
CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC ON THAT
DATE DURING SPECIFIC HOURS AND ESTABLISHING A
PEDESTRIAN MALL SUBJECT TO ISSUANCE OF PERMITS BY
POLICE AND FIRE, RESCUE AND INSPECTION SERVICES
DEPARTMENTS; FURTHER CONFIRMING THE CITY MANAGER'S
DESIGNATION OF AN AREA PROHIBITED TO RETAIL PEDDLERS
DURING SAID EVENT; SUBJECT TO AND CONTINGENT UPON
COMPLIANCE WITH 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.)
9. DIRECT MANAGER TO COPY PROCEDURES DEVISED BY METRO-DADE COUNTY REGARDING
ESTABLISHMENT OF A CITY OF MIAMI EMPLOYEE SUGGESTION PROGRAM.
Mayor Suarez: Item one.
Mr. De Yurre: Yes, Mr. Mayor, this is the item where the employee suggestion
program is trying to be implemented and I expressed my opinion at the last
meeting when this came up that, in principle, I oppose this concept. And I
oppose it because I feel that if you have pride in the work you do, if you
have pride in the City of Miami, if you have a suggestion, if you have an idea
and how to improve our City, that should come forth without any economic
remuneration. I've met with the proponents of this item and they explained to
me, and I think they mentioned it at the meeting here also last time, that
sometimes there's a problem with the supervisors or the directors wherein they
don't feel comfortable going to them with suggestions. And if that is a
problem, then that is something that needs to be addressed by Mr. Odio why
there exists a problem of that nature and certainly if we're talking about
providing this program, what you'd be doing in essence would be treating the
symptom and not going to the core of the problem and that is my objection one
mainly of principle.
Mayor Suarez: I have a little less problem with the concept of a monetary
reward or any other kind of an incentive than I do with the idea that we'd
have to be going to outside consultants to structure this for us as opposed to
we doing it ourselves. But I understand... I hear what you're saying.
Mr. Odio: Let me tell you why we went outside. If you don't do it right,
then you're throwing away dollars and you don't get back any savings and the
county... I was instructed by the Commission to start this program, I went to
see the county program and it's a very complex - ESP is very complex, it's not
as simply as it seems that you come in with an idea and I give you $500. And
that's why they had established the same system in the county so it would be
much simpler for them to come in and just do the same system here. They have
received substantial savings in the county from ideas that have come up with
employees. And I agree with you, if somebody gets paid to do a job...
Mayor Suarez: Can't we cheat and copy what they've done without having to pay
consultants? It's no...
Mr. Odio: Well, I guess...
Mayor Suarez: ... trademark protection there, is there? My only problem is
having to pay outside consultants, but I never get involved in items of this
magnitude, to tell you the truth.
19 March 10, 1988
Mr. Odio: by the way, the consultant would only get paid - I •ant to say that
the consultant •ill only get paid and I was very clear about that, if they
come up with the savings to pay for their fee.
Mr. Dawkins: Can I ask one question, Mt. Manager?
Mr. Odio: Yes.
Mr. Dawkins: When this came up, Commissioner De Yurre stated emphatically
that he was against it.
Mr. Odio: Yes.
Mr. Dawkins: Did you go around and get three votes before this come back?
Mayor Suarez (Off mike): We got them before.
Mr. Dawkins: You got three votes before you if this would come back?
Mr. Odio: I didn't count the votes on this.
Mr. Dawkins: Well then, I...
Mayor Suarez: It hasn't been voted on yet?
Mr. Odio: No, no.
Mr. Dawkins: No.
Mayor Suarez (Off mike): Oh.
Mr. Dawkins: If you don't have the votes, I mean if you don't have the votes,
I mean, it's an exercise in futility.
Mr. Odio: Let me say that the idea of the employee suggestion program came
from an order from the Commission.
Mr. Dawkins: I understand what you're saying, OK, but..
Mayor Suarez: No, no, no, but you...
Mr. Dawkins: ... but we could have avoided this...
Mayor Suarez: Yes.
Mr. Dawkins: ... that's what I'm trying to say...
Mr. Odio: OK, oh, I see, I see.
Mr. Dawkins: ... if we had counted noses before we got....
Mayor Suarez: And you said that we directed you to look at this possibility,
that doesn't mean that we direct you to go find a consultant.
Mr. Odio: No, but the best way to do it, Mr. Mayor, believe me when I tell
you that, we won't pay them unless they come up with the savings. And they
know that, there will be no fee if this program doesn't work.
Mayor Suarez: You won't pay Carlos unless he comes up with a savings?
Mr. Odio: I wish I could do that, but unless the consultant comes up with a
program that will produce the savings there, they won't get paid. So that's
why I went along with that. And it is...
Mayor Suarez: Like Commissioner Dawkins says, I don't hear three votes right
now, in favor of this, but let's see...
Mr. Odio: Fine.
Mayor Suarez: ... how the rest of the Commission feels.
Mr. Plummer: Well, you got one vote in favor. We're taking a straw ballot.
20 March 10, 1988
Mayor Suarez: Well, we may as well take an actual ballot unless somebody has
anything else to say about this.
Mr. Plummer: I'll move item one.
Mayor Suarez: Item one's been moved. Do we have a second?
Mr. Plummer: I'm assuming that all of my colleagues have read this memo that
just was handed to us.
Mr. Dawkins: He's no longer the county manager. I don't need his advice.
Mr. Plummer: Well, I understand that, that's not the idea of him being the
county manager, it's the idea that this program in the county brought forth
2,400 suggestions. Of course, they have a lot more people and they figure
that they saved about two and a half million dollars which would be less in
the City, we understand that.
Mayor Suarez: Give me five minutes with the county budget and I'll save two
and a half million dollars without spending $10,500 to do it and paying
outside consultants. But I hear what you're saying, if it's successful in the
county...
Mr. Plummer: You're not a registered consultant.
Mayor Suarez: I'll do it for free.
Mr. Plummer: Hey, I think it's a program worthwhile for $10,000, that's why I
moved the...
Mrs. Kennedy: Are we trying it for one year?
Mr. Plummer: This is a continuation of the work that has been done for a year
and this is now to follow through to monitor and to come about with these
savings. What in effect we're doing, if we don't renew this contract, as I
understand it, the work that has been done previously is going to be there but
it's not going to be implemented and it's not going to be cost savings to the
City so I think it's very important but...
Mayor Suarez: OK, moved, do we have a second? Once, twice; do we have a
second on the motion? I'd like to make a motion on this item, Mr. Manager,
and that is that we copy what the county has done without paying outside
consultants. And I'll so move.
Mrs. Kennedy: So moved. Is there a second? Going once, is there a second?
Mayor Suarez: What are we going to lose if we have the Manager implement...
Mrs. Kennedy: We cant'... let me tell you what...
Mayor Suarez: ... have the Manager implement?
Mr. Plummer: Well, yes you can lose, let me tell you, well, excuse me...
Mayor Suarez: Except a lawsuit.
Mr. Plummer: No, that's...
Mrs. Kennedy: How can we lose?
Mr. Plummer: All right, let me tell you how you lose. You lose because of
the fact that you're going to have to monitor this and implement this with in-
house people which is going to cost you more than this ten - what is it,
$11,000 - we don't have an employee in the City of Miami for $11,500, not one.
OK? Now, you're going to put a City employee in here who doesn't know the
program...
Mr. De Yurre: There's one that pumps gas, he makes about $11,500.
Mr. Plummer: I'm sorry.
21 March 10, 1988
Mr. be Yurre: Pumps as*.
Mr. Plummer: Plus gas, yes.
Mr. De Yurre: Pumps gas, he makes about eleven five.
Mr. Plummer: You know, I just don't - we all want to see the same bottom
line, it's just how we're going to come about it. And to put a City employee
in charge of it, I just don't think it's going to be implemented properly or
monitored properly.
Mayor Suarez: Oh, I was thinking of Carlos who was up here and obviously very
quickly...
Mr. Plummer: Yes, fine.
Mayor Suarez: ... becoming an expert in this.
Mr. Plummer: Carlos Garcia?
Mayor Suarez: Carlos Smith.
Mrs. Kennedy: Carlos Smith.
Mr. Plummer: Carlos Smith, what do you make? How much a year?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: Not $11,000, I tell you that much.
Mr. Plummer: Huh? Mr. Smith, I would like to make a motion that you now work
for eleven five plus gas.
Mayor Suarez: I don't think he was going to be fired if we didn't do this
item, Commissioner Plummer, I think he's going to be on salary for that amount
anyhow. Anyhow. That's my motion, if it's worth doing, we ought to do it in
house, that's my...
Mr. Plummer: Well, OK, I'll tell you what, if you'll modify that motion to
this extent, that if it's worth doing and we can do it in house, that the
Manager comes back and recommends...
Mayor Suarez: Fine.
Mr. Plummer: ... to us how he would do it in house, at what cost and what is
his recommendation as to what it could bring about; basically asking him to
explore to do it in house. I'll..
Mayor Suarez: So moved.
Mrs. Kennedy: OK, do we have a second?
Mayor Suarez: He seconded it.
Mr. Plummer: Yes.
Mrs. Kennedy: Oh, you did it, OK. Any further discussion? Call the roll.
Mr. Plummer (Off mike): I know what the recommendation is going to be.
22 March 10, 1968
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 88-216
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
COPY THE SAME PROCEDURES AND COURSE OF ACTION DEVISED BY
METROPOLITAN DADE COUNTY IN CONNECTION WITH THE
$STABLISHMENT OF AN EMPLOYEE SUGGESTION PROGRAM FOR THE
CITY; FURTHER INSTRUCTING THE MANAGER TO PUT TOGETHER A
PROGRAM THAT COULD BE MAINTAINED IN-HOUSE, WITHOUT THE
ASSISTANCE OF OUTSIDE CONSULTANTS; FURTHER, TO EXPLORE ALL
POSSIBLE RAMIFICATIONS IN CONNECTION WITH THIS ISSUE, AND
TO COME BACK WITH RECOMMENDATIONS FOR CONSIDERATION BY THE
COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: I have to vote no and I vote no because it's a matter of
principle in the sense that I feel that we're getting well paid. Our
employees get well paid and that should be part of their job description to
come up with ideas that will better our City, so I have to vote no.
10. ACCEPT BID: HEWLETT PACKARD CO. - FOR FURNISHING PEN PLOTTERS TO
DEPARTMENT OF POLICE.
Mayor Suarez: Item 8.
Mrs. Kennedy: Yes, I pulled item 8...
Mayor Suarez: Commissioner Kennedy.
Mrs. Kennedy: ... because the background material on the fourth paragraph it
says, "Ms. Adrian MacBeth was contacted in reference to minority participation
and she does not concur with the department's recommendation." However, the
last page, I believe it is, it says that the department concurs. So, I would
like to ask Ms. MacBeth if she's here, if she does concur or if she doesn't.
And why were there twenty bids sent out to non minority? Is it that they're
that many more non -minority than minorities?
Mayor Suarez (Off mike): If you get involved in a $6,349 item.
Mrs. Kennedy (Off mike): Well, just because it says she does not concur and
then she says she does concur. So I just want to see what she really...
Mr. Ron Williams: Vice Mayor Kennedy, if I may, my knowledge of this is that
Ms. MacBeth was very concerned about the possibility of a local minority being
considered. Preliminary discussions, and I emphasize preliminary discussions
with the Law Department indicates that local essentially means within the
boundaries of the City of Miami and based on the company that's recommended
and the other bids that came in, we did not identify a local non minority to
my knowledge.
Ms. Angela Bellamy: There was one vendor, Hispanic vendor, but it was in
Broward County.
23 March 10, 1988
I
Mrs. Kennedy: All right.
He. Bellamy: The Law Department determined that since that outside of the
boundaries of the City of Miami, it would not be considered.
Mrs. Kennedy: OK, so now you do concur.
Ms. Bellamy: Yes.
Mrs. Kennedy: OK, I move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded, any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 68-217
A RESOLUTION ACCEPTING THE BID OF HEWLETT PACKARD CO.
FOR FURNISHING FIVE (5) PEN PLOTTERS TO THE DEPARTMENT
OF POLICE AT A TOTAL PROPOSED COST OF $6,349.00;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
BOND FUND PROJECT NO. 312014-290401-840; 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 Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
11. CONTINUED DISCUSSION OF PREVIOUSLY PASSED RESOLUTION AUTHORIZING MANAGER
TO REDUCE RETAINAGE IN CONTRACT WITH PNM CORPORATION FOR CONSTRUCTION OF
BAYFRONT PARK REDEVELOPMENT PROJECT -PHASES I AND II (SEE LABELS 8.12 AND
8.13).
Mr. Plummer: Mr. Mayor, I did not pull but can I ask a question on 15 and 16.
Mr. Manager, why are you recommending that that retainage on PNM Corporation
be reduced?
Mr. Odio: The work has proceeded to an extent that we felt that or the Public
Works decided that we could start releasing some of that retainage.
Mr. Plummer: But the retainage is to make sure the damn thing gets finished
and if you keep releasing the retainage...
Mr. Odio: Well, let me see, in order for the City to receive reimbursement
for work funded by grants, we must first make payments to the contractor and
normally, the City would have to wait until all the work is completed before
seeking reimbursement. However, in this case, the time limit for
reimbursement is nearly expired so we need to start paying these contractors
so we can apply for reimbursement on the grants. That's one of the...
24 March 10, 1988
Mrs. Kennedy: If we don't pay it out, we don't get reimbursed.
Mr. Plummer: Yes, but the problem is retainage is leverage to get your
project finished.
Mr. Odio: Yes, but Commissioner, we're only reducing it to 7.5 and if we
don't pay these contractors in time to get reimbursement from the federal
government or the state, we won't get our monies.
Mr. Plummer: You feel comfortable.
Mr. Odio: Yes, I do. They're telling me that the work and so far has been
well...
Mr. Plummer: OK.
Mr. Dawkins: Well, if the work has been completed, I mean...
Mr. Odio: It's not.
Mr. Dawkins: ... well, I mean, why can't we use, I mean I'm going to vote for
It but I'm like J.L., why can't you use the retainage to get the contractor to
speed up the job?
Mr. Plummer: Get it finished.
Mr. Dawkins: Get it finished.
Mr. Don Cather: It's finished, basically finished.
Mr. Plummer: If it's finished, why are you holding any retainage?
Mr. Cather: Because there are a few items left.
Mr. Dawkins: Well, it's not finished.
Mr. Odio: We need to go over the check list.
Mr. Cather: They are far beyond the 10 percent we would hold.
Mr. Odio: No, we always have to expect...
Mr. Plummer: You know, I want to tell you again, if you people were in
private business, you'd starve to death. You'd starve to death! You're the
only people I know that go to the poor house in a limousine. I mean, if the
project is either finished or it's not, you hold a retainage for the purpose
of leverage to make sure your project is completed and done properly.
Mr. Cather: We have...
Mr. Plummer: Well, what in the hell's it doing on the agenda?
Mr. Odio: We're reducing...
Mr. Cather: We have an initial retainage provision in our contracts for 10
percent.
Mr. Plummer: Which we always do.
Mr. Cather: Right. And at the discretion of the Public Works director, after
the work has gone along for a while and is done in a satisfactory manner, that
can be reduced up to 5 percent.
Mr. Dawkins: But what you bring it back to us for if that's already law.
What you bring back 7 percent for me if you can reduce it 5 percent without
bringing it to me?
Mr. Cather: Because in order to reduce it to 5 percent, we have to have your
approval to do it.
Mr. Dawkins: Oh.
25 March 10, 1988
a
Mr. Plummer: It's not at the then the discretion of the Public Works
director.
Mr. Dawkins (Off mike): That's what you said.
Mr. Cather: Recommending, yes.
12. BRIEF DISCUSSION ITEM CONCERNING PROPOSED PURCHASE OF AUTOMATED
FINGERPRINTING MACHINE FOR POLICE DEPARTMENT.
Mr. Plummer: Mr. Mayor, OK, I'm sorry that I even asked this question because
I'm going to put something else on the record right now. As you know, this
Commission gave me authorization to go and they gave me the approval on the
automatic fingerprint machine and I'm going to put this on the record. Mr.
Mayor, I went and I looked at the machine and it is a very fine and it's good
updating. But I am putting on the record that I absolutely refuse to give my
approval when I found out that this City was spending $980,000 and we didn't
even have a contract. I have now waited for 30 days for a copy of the
contract showing the warranties and whatever else. The only thing that I was
presented with was a letter and a purchase order and I'm putting it on the
record because it's now running almost 30 days and I don't want anybody
pointing a finger at me saying that you're holding up that project. I'm
saying that I told the Manager that I approved the machine that is in question
but if the Manager were to purchase that machine without c contract or
warranties or guarantees, I thought he was making a hell of a mistake. I've
not seen it. I have to assume it's not been done and I'm just putting on the
record that I did and kept the faith with this Commission.
Officer Joseph Longueira: Commissioner, I understand you made that request.
I was advised by somebody. I don't know where to hold the bids, but I'll
track it down and make sure you get the contract...
Mr. Plummer: The bottom line is, where ever the holdup is, I've not seen it.
Mr. Longueira: I understand that and I know you went and looked at it and,
you know, made that request and I'll follow it up and make sure you get it.
Mr. Plummer: Hey, all I'm doing is CYA, OK1
Mr. Longueira: I agree with you, sir.
Mr. Plummer: I don't want nobody pointing fingers saying that Commissioner
Plummer held up the project.
13. DISCUSSION ON PURCHASE AND INSTALLATION OF AUDIO EQUIPMENT FOR BAYFRONT
PARK AMPHITHEATER FROM INFINITE AUDIO SYSTEMS, INC. (DEFERRED TO APRIL
14, 1988 AGENDA).
Mayor Suarez: Item 15 and 16, 14 was passed, I mean, we omitted considering
14 which had been pulled by Commissioner Dawkins, I believe.
Mr. Dawkins: Mr. Manager, I don't know why you withdrew it...
Mr. Odio: Which one, Commissioner?
Mr. Dawkins: Fourteen.
Mayor Suarez: Fourteen.
Mr. Plummer: Fourteen.
Mr. Odio: We have a protest from one of the bidders and we need to look into
that before we can recommend anything.
26 March 10, 1988
Mr. Dawkins: OK, now we were supposed not to do any more work or let any more
contracts until you let contracts for the other City parks. OK? Now, here's
where you get a letter, Mr. Manager, February 24th, saying that bids were let
out, OK? I do not have anything on February the 24th that you let out a
contract for the rest of the City parks. And I don't care what I sit up here
and tell you guys, you guys refuse to understand that I said, bring along all
the City parks at the same manner in which you're bringing along Bayfront
Park. This Commission went on record that you would do the same thing in the
other City parks that you're doing in Bayfront Park and it's February the
24th, 1988, you let a bid for work in Bayfront Park and you have not let one
for anything in the City parks.
14. DISCUSSION CONCERNING AGENDA 30 (LISTING OF CITY PARKS TO BE RENOVATED)
AND AGENDA 36 (EMERGENCY ORDINANCE REAPPROPRIATING $75,000 FOR LUMMUS
PARK REDEVELOPMENT - PHASE I (SEE LABELS 25 AND 28).
Mr. Odio: Commissioner, items 24 - thirty, item 30 is a...
Mr. Dawkins: All right we can discuss... Mr. Mayor, I'd like to discuss...
Mayor Suarez: Yes, yes go ahead.
Mr. Dawkins: ... thirty and thirty six if they're going to go this way, let's
go to 30. All right 30 and 36. Where's item 30? Item 30, Citywide
neighborhood parks. We sit up here, we created a committee. The committee
went out and had meetings in the community. The community decided what they
wanted done in their parks, in their area and now you're going to turn around
and create another committee to do the same thing? No way, no way.
Mr. Jack Eads: Commissioner, this committee is involved in the bidding
process where we have...
Mr. Dawkins: This committee should not be - the other committee who did all
the work and went out and met with the people in the community should be the
one who review anything.
Mr. Plummer: Well, wait a minute, maybe I'm the guilty party, Miller. Let me
tell you what my thoughts and ideas were.
Mr. Dawkins: Where's 36?
Mr. Plummer: We had the major committee which did, in fact, go out and have
the public hearings. They are the ones who came before this Commission and
designated for a park "X" number of dollars. I thought that it would be smart
that this Commission asked a neighborhood committee, now that you have been
designated "X" dollars, that you come back and tell the main committee what
you want in your neighborhood as to the priorities. Now, maybe I'm guilty,
but I still think it's a good idea. Rather than me taking $200,000 and
putting in Shenandoah Park or whatever the amount was, let the people who use
that park set their priorities and go back to the main committee.
Mr. Dawkins: OK, J.L., but this does not say that. It does not say organized
neighborhood committees.
Mr. Plummer: Well, that's what the intent was.
Mr. Dawkins: It says here, a committee to review the qualification
performance daily related information to be provided by those responding to
the City request. It does not say that each park and its area residents would
review what they want in their park.
Mr. Plummer: Well, that was the intent.
Mr. Dawkins: Well, that, OK - well, the legislative intent is not here.
Mr. Eads: Commissioner, could I make a comment here, I think we need two
items done. Certainly we need item 30 passed if we're to get the consultant
on board and do the evaluation that was directed privately. The committee as
27 March 10, 1988
s V
appointed to review the RFPs. It's an in house and in City, City staff if you
will, appointed to it. Commissioner Plummer, your item directing us to meet
with neighborhood parks. we can, in fact, do that if that's what the
Commission directs.
Mr. Dawkins: All right, let's go to 36. Thirty-six said, lets bring along
all the City parks at the same way. You didn't care nothing about none of the
other parks but all of a sudden you've appropriated $75,000 for Lummus Park on
an emergency. When are we going to create an emergency for the rest of the
parks?
Mr. lads: Can I respond to that?
Mr. Odic: On February 18th, you passed a resolution ordering us to allocate
fund for demolition of abandoned structures and a new security lighting system
at Lummus Park, that's why we're moving fast on this. We were ordered to do
this...
Mr. Dawkins: So all I have to do is bring people down here from each park and
they come before this Commission and say what they want and we get it done on
an emergency basis, is that what we're saying?
Mr. Plummer: Squeaky wheel.
Mr. Dawkins: OK, all right, no problem. I have no problems with it, I just
need to know the process, that's all. OK? Now you can rest assured that at
the May meeting, I'll have Shenendoah, Athalie Range, Williams Park, Gibson
Park, I'm going to have everybody up here telling you that the money we
appropriated, spend it as an emergency. That's right.
Mrs. Kennedy: Yes, yes.
Mr. Dawkins: And Clemente - oh, ho that's a big one. That's a big one.
Mr. De Yurre: Hold off on that one.
Mayor Suarez: But like the
Mr. Dawkins: If that's the way we're going to do it, let me know. I just
need to know what the procedure is, OK? Thanks, Mr. Mayor.
Mayor Suarez: OK, I'll entertain a motion... fourteen was pulled, right,
right.
Mr. Dawkins: No, but the Mayor pulled. He pulled fourteen.
Mr. Odic: Commissioner Dawkins, we will be bringing back in the first meeting
of April more projects, especially the pools that have to be done before the
summer. They will be here in the first meeting of April.
Mayor Suarez: Please, please, let's move on them quickly.
Mrs. Kennedy: Yes.
28 March 10, 1986
1* i
1S. DISCUSSION REGARDING PROPOSED EXECUTION OF TWO AGREEMENTS WITH FLORIDA
EAST COAST RAILWAY COMPANY (a) TO REBUILD AND IMPROVE RAILROAD AND
PEDESTRIAN CROSSING AT N.W. 8TH STREET AND (b) TO REBUILD AND IMPROVE
RAILROAD CROSSING AT N.W. 1ST AVENUE - REIMBURSEMENT OF FUNDS BY METRO-
DADE COUNTY (SEE LABEL 61).
Mayor Suarez: Item 18, Commissioner Plummer.
Mr. Plummer: Mr. Mayor, this was an item, it was my understanding from two
sources of funding, one, Off -Street Parking and the other was the Port
Authority that this money would not cost the City of Miami any dollars
whatsoever. Carmen Lunets volunteered up to $250,000 which this is now
changed. It was in concurrence with the Off -Street Parking Authority that
they would pay out so called soft dollars and it would not cost the City
anything as part of the revenue they would give us back from the four lots
that they were going to be used from parking. And now I find in front of me
here where the City is, in fact, going to be out dollars for the presence of
the arena and I'm questioning why. It's surely not the understanding that we
had with the Off -Street Parking Authority. Luneta is obviously going to do
his. The one provision that I would want into this ordinance or into this
resolution is that we do not proceed until we have an absolute letter of
guarantee from the port director which we do not presently have. No we don't,
we don't have a guarantee, letter of guarantee.
Matthew Schwartz, Esq.: Right, we've modified the resolution 18 to obligate
on one fourteen, that Dade County has to obligate itself before the City will
advance the money. So we would not proceed until this official action by Dade
County.
Mr. Plummer: OK, that'll be in the form of a reimbursement. But I'm now
concerned that the Off -Street Parking Authority is not kicking in the
difference which was the understanding rather than hard cash that they would
pay us for the revenue from those lots that they would assume some of these
costs and now I don't see that because it's now being picked up by the City.
Jack.
Mr. Jack Mulvena: Jack Mulvena, executive director, Department of Off -Street
Parking. In any of the agreements the Department of Off -Street Parking didn't
anticipate putting any money into the area except for the parking itself.
Mr. Plummer: No, sir, in a discussion between Roger Carlton and this
Commission, it was asked was the revenue expected back and the fair return to
be hard cash and hard cash only or could there be alternatives such as this
here in which they could participate and saving the City money. The answer
was yes. Now where is it?
Mr. Mulvena: The only issue I'm aware that the department participated in was
a right of way to expand the avenue there which related to a couple surface
parks that we acquired. I really wasn't aware...
Mr. Plummer: That's a dedication of 17 feet.
Mr. Mulvena: Right.
Mr. Plummer: That dedication the City could stand and hold for any how
regardless. The only thing you've done is leased the property so we could get
the 17 feet up front.
Mr. Mulvena: At some considerable cost.
Mr. Plummer: Which is of no value. You know that and I know that. It's a
value that you did get the project done but it's not worth any dollars. Are
you all willing to come up with the remaining balance of this? You
got a pedestrian bridge, you've got the other improvements.
Mr. Mulvena: The answer is the Department didn't anticipate doing that, J.L.
This is new to me.
29 March 10, 1988
0
Mr. Plummer: Well, OK, I guess the City gets it up the ying yang again.
Mr. Dawkins: Say what now? Say what?
Mr. Plummer: This was not supposed to entail any City money whatsoever.
Mr. Dawkins: OK.
Mr. Plummer: Nov it is going to involve City money. How much, Mr. Manager?
Mr. Dawkins: Only if you vote for it.
Mr. Plummer: Well, no, the work's already done. Somebody's got to pay the
piper.
Mr. Dawkins: But you see, J.L., we get caught like this all the time, OK.
And then when I say hold it up, I'm so glad I got Commissioner De Yurre now
who believes in holding things up too so that this doesn't happen and maybe
you'll come over with us next time, OK?
Mr. Herb Bailey: Commissioner, may I speak on this item?
Mr. Plummer: Please do.
Mayor Suarez: Herb.
Mr. Bailey: This whole rewidening of N.W. 1st Avenue, I admit it does benefit
to some extent the arena. But it's really not solely for the purpose of the
arena. If the arena wasn't there, we would still perhaps have to through with
this rewidening. I don't expect you to remember, but sometime back in
nineteen, I guess 180 or 181 when you passed the redevelopment plan for the
Overtown Park/West tax increment district and it was sent to the County, there
were certain things that we had to commit to. Without going into a lot of
detail one of the major items that the Redevelopment Authority, which is this
City Commission, had to commit to was to pay for all infrastructure
improvements within the project area. This is more of an infrastructure
improvement than it is an amenity for the arena. It just so happened that the
arena came about after the bidding went out. But the widening of N.W. 1st
does, unfortunately, involve the railroad crossings and the railroad crossings
because of that widening where it was always stated in the proposal that N.W.
1st Avenue would become a major boulevard and a thoroughfare. So that's
really where we are, we do have to the County Commission an obligation to pay
for the improvements of the infrastructure in the project area. And this is
probably more in that line if we...
Mr. Plummer: You know, Herb, that's all well and good but you know you just
said it here which this is the bottom line. At the time that we made that
agreement, there was nothing about a pedestrian bridge, OK? There was nothing
about a pedestrian bridge, there was nothing about the removal of railroad
tracks which benefit only the port. And the widening of that avenue, the one
that's going to benefit greatly is not only the arena, but the Gran Central
project and I'm saying is that we were told before this Commission that that
project wasn't going to cost the City any money.
Mr. Bailey: Well, that might have been so, Commissioner, but I was just
trying, you know, state on the record that that was some prior recognition of
the avenue being widened which would have included the railroad regardless of
FEC or the arena. We are trying to get some commitment from the County
Commission to participate in the reimbursement but that has not gone before
them. We can try that.
Mayor Suarez: That's the fanciest way I've ever heard anybody say that we're
trying to get them to pay some of this. We're trying to obtain some
commitment to get them to participate in the reimbursement.
Mr. Bailey: Well, that's probably the way it's going to be because, you know,
Carmen has sent a letter but I don't take Carmen's letter as being an
authority for the County Commission. I mean...
Mayor Suarez: You sound like John Blaisdell now. OK, what do we do with the
item, Commissioner?
30 March 10, 1988
Mr. Plummer: Mr. Mayor, I don't know that you got any choice but to pass it.
The work has been done. The City is going to get stuck again and... hey,
don't tell me the money is coming from the highway bonds. The public just
turned down your new bond issue so you're not going to have that much money.
Mr. Odio: The work has not been done.
Mr. Plummer: Sir, the work basically, with the exception of the pedestrian
bridge, the street has been widened. It is up to the railroad tracks. I
suggest that you ride and see your City projects, like I did last week.
Mr. Dawkins: You only saw them because the Grand Prix was there.
Mr. Plummer: That's one of the reasons.
Mayor Suarez: I'll entertain a motion on 18.
Mr. Don Cather: Mr. Plummer - the Manager has asked me to speak to this
briefly - rest of the Commissioners. The port of Mr. Luneta has agreed to pay
up to $267,000...
Mr. Plummer: Yes, sir.
Mr. Cather: ... to the FEC railroad to do the signal and crossing work
involved where the railroad crosses let Avenue. This money has not been paid
to date, the railroad says that they will not do it until they get the money.
This is holding up the project.
Mr. Plummer: They're smarter than we are.
Mr. Cather: The work has not been done to the best of my knowledge today. We
are proceeding with highway G.O. bond money, priorly authorized and approved
to widen lot Avenue.
Mr. Plummer: I hear you.
Mr. Odio: Commissioner, I tried for a long time, I really tried to remove the
spur altogether. We proved to Mr. Luneta that there was not enough movement
of cars into the port to justify the spur.
Mr. Plummer: That is not my contention.
Mr. Odio: I know, but one of my intentions was to remove the railroad track
altogether and it didn't work.
Mr. Dawkins: Move the item, we don't have all day or do something with it.
Mayor Suarez: Moved.
Mr. Dawkins: Uh uh, I don't move it. I don't move it. Do something...
Mayor Suarez: I'll move the item. I've moved it.
Mrs. Kennedy: Do we have a second? Do we have a second, going twice? Do we
have a second?
Mayor Suarez: We've got to get that work done.
Mrs. Kennedy: OK. I'll tell you, I'm going to go ahead and second.
Mayor Suarez: Thank you.
Mr. Plummer: Motion made and duly seconded. Is there any further discussion
by the Commission?
Mr. Dawkins: Under discussion, I'm voting against this in principle because I
said from day one that we should be charging the Port of Miami a fee on the
tonnage and the passengers that go through there and let it come back to the
City of Miami. The City of Miami does not get one penny out of all of the
tonnage and passengers that go through the Port of Miami. It all goes to the
port and the port doesn't even give any to the county. But yet, we decided to
let them have the right-of-way for a lousy $5,000,000 and just in principle,
I'll vote against it.
31 March 10, 1988
0
Mr. Plummer: Any further discussion? Hearing none, call the roll.
THE ABOVE MOTION, DULY MADE BY MAYOR SUAREZ AND SECONDED BY VICE
MAYOR KENNEDY FAILED TO PASS BY THE FOLLOWING VOTE:
AYES: Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES. Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
16. EXECUTE AGREEMENT WITH BETTY BLUM TO PROVIDE ACQUISITION, RELOCATION AND
PROPERTY MANAGEMENT SERVICES TO SOUTHEAST OVERTOWN/PARK WEST PARK
REDEVELOPMENT PROJECT.
Mayor Suarez: Item 19.
Mr. Dawkins: Nineteen. Who is Mrs. Betty Blum? Who is Mrs. Betty Blum or
Miss Betty Blum?
Matthew Schwartz, Esq.: Betty Blum worked for Dade County for over 20 years,
she was on loan to the City of Miami for two years that handled all the
relocation for Overtown Park/West as a Dade County employee. She is retired
from Dade County, this is just to complete some of the minor relocation work.
Mr. Dawkins: And she was on loan to us for two years?
Mr. Schwartz: We paid for her, through the county.
Mr. Dawkins: And during :hat two years we didn't put anybody to cross work
with her as a trainee or whatever so that if the county ever decided to take
her back or if she would leave, that we would have somebody qualified as an
employee to do what she was doing.
Mr. Schwartz: We did not have the staff to assign to work on that.
Mr. Dawkins: Beg pardon?
Mr. Schwartz: We did not have sufficient staff to assign to work with Miss
Blum.
Mr.
Dawkins: How many people, Mr. Schwartz, is in the
Community Development,
the
housing area and your agency. How many people?
Mr.
Plummer: Too many.
Mr.
Schwartz: Between the three departments, probably a
150 people.
Mr.
Dawkins: A hundred and fifty people, OK? Between
the three...
and we
didn't have anybody in 150 people, we were so greatly
understaffed,
that we
didn't have anybody we could put with her to cross study.
Hmmm?
Mr.
Schwartz: At that time we did not.
Mr.
Dawkins: OK, at that time.
Mr.
Schwartz: Yes, it was a mistake that we should have
done that.
Mr.
Dawkins: OK, thank you, well... if you'll admit to
that I'll rest
my case
because
that's the first time I heard it. I'll rest my
case, although
I don't
want
to pay her the $10,000, I'll rest my case.
32 March 10, 1988
0
Mr. Schwartz: All I can add is that we used to pay $40,000 to Dade County for
what she's doing for ten.
Mr. Dawkins: Beg pardon?
Mr. Schwartz: Working as a part time employee, we're getting as much out of
the type of activities so...
Mrs. Kennedy: Are you saying we used to pay the county $40,000 to do this?
Mr. Schwartz: $40,000, yes.
Mr. Dawkins: Tell you what, whatever Miss Blum is doing, you guys better find
somebody to do it because after this year, with her $10,000, don't come back
next year.
Mr. Schwartz: OK.
Mr. Dawkins: OK? Move it.
Mayor Suarez: Moved with those same...
Mrs. Kennedy: Second.
Mayor Suarez: ... provisos and modifications Commissioner Dawkins has
Indicated, I would vote for it, otherwise, no. Moved and seconded. Any
discussion? Call the roll on item 19.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-218
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN THE FORM SUBSTANTIALLY ATTACHED
HERETO, WITH BETTER BLUM, AN INDIVIDUAL, IN AN AMOUNT
NOT TO EXCEED $10,000 TO PROVIDE ACQUISITION,
RELOCATION AND PROPERTY MANAGEMENT SERVICES RELATED TO
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT PROJECT AND OTHER PROJECTS REQUIRING
SAID SERVICES; WITH MONIES THEREFOR ALLOCATED AS
FOLLOWS: $2,000 FROM THE DEPARTMENT OF DEVELOPMENT FY
1988 GENERAL FUNDS, $4,000 FROM HOUSING BOND FUNDS AND
$4,000 FROM HUD SECTION 108 LOAN FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
33 March 10, 1988
0 •
------------------------------------------------------------------------------
17. NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH EDWARD H.
FRIEND AND CO. - FOR EXPERT ACTUARIAL ASSISTANCE IN PENSION MATTERS.
------------------------------------------------------------------------------
Mayor Suarez: Item 20.
Mr. De Yurre: We're talking about $48,000 to get some outside assistance for
the pension plan and I just want to know, don't we have anybody in the City
that does this type of work?
Mr. Carlos Garcia: Commissioner, the state requires that the City files an
actuarial report every year. It's got to be done by an independent company,
independent firm, so that's a requirement the state has. Besides that, the
City enter...
Mayor Suarez: As to what matters does the state require that
actuarial
report?
Mr. Garcia:
Related to the pension funding, the pension plans of the
City.
Mayor Suarez:
Well, but the pension system and plan both have their
boards.
Mr. Garcia:
They do.
Mayor Suarez:
And their budgets and they decide their own...
Mr. Garcia:
Right.
Mayor Suarez:
... banks to invest in and they administer themselves.
Mr. Garcia:
But still, they do prepare their own...
Mayor Suarez:
So why doesn't this come out of their...
Mr. Garcia:
They do prepare their own reports. In addition to that,
because
of the Gates
Case settlement, the City is to accept those reports.
Mr. Odio: Because of the Gates Case, we pay for it. They spend all
the money
and we pay for it.
Mayor Suarez:
What you're saying is that they would otherwise pay for
all of
this, but we
have in the settlement agreed to pay for this.
Mr. Garcia:
Not necessarily, Mr. Mayor. They do have their own
reports.
Once those reports are prepared, they're turned over...
Mayor Suarez:
I love those answers, not necessarily.
Mr. Garcia: No, they are turned over to the City and then the City accepts or
denies those reports. What has happened is that we have accepted the reports
for the general employees and sanitation workers and we have not accepted the
ones for the fire and police because the amounts they are asking we feel are
excessive. For instance, for last year they are asking for 14.2 million
dollars and the City actuary says that...
Mayor Suarez: Oh, this is the ongoing battle on the actuarial...
Mr. Garcia: The City actuary says all you need is 12.5 so there's a
difference there of $1,700,000.
Mayor Suarez: ... structure of payments on that...
Mr. Odio: Yes, they want us :o...
Mayor Suarez: OK, we need now, to the Commissioner's question, we need to
spend $48,000, we don't have anyone in house who's an actuarial expert?
Mr. Plummer (Off mike): You can't do...
34 March 10, 1986
0
Mr. Garcia: No, sir, well... no one can do it in house. There's no
actuary...
Mr. Plummer (Off mike): You can't do it in house, there's got to be an
outside...
Mayor Suarez: Wait, no one can do it in house because of state law as to a
certification, I presume. But as to a dispute between us and our pension
boards...
Mr. Garcia: And, again, the Gates Case says...
Mayor Suarez: ... we can use whatever talent we've got in house.
Mr. Odio: The Gates Case says that they get their actuarial, we get ours and
then if we don't agree, then you go to another one.
Mayor Suarez: Oh, but it doesn't say that our actuarial expert must be
someone that's not in house, does it?
Mr. Odio: Yes it does... it has to be an in...
Mayor Suarez: Don't we have anyone qualified?
Mr. Garcia: No, sir. That is a very specific...
Mr. Plummer: Area.
Mr. Garcia: ... career, you know. We don't have any actuaries in house. As
a matter of fact, there are very few actuaries in the country but, you know,
this money's well spent, Commissioner, believe me. You know, we're talking
about big bucks here, we're talking about millions and millions of...
Mayor Suarez: I think we've established that we have two CPAs in the entire
City of Miami employment force so now, I guess we have no actuaries.
Mr. Garcia: Yes... There's a lot of money at stake and the money's well
spent. We have a very good actuarial firm and, you know, we couldn't do it
ourselves. It's got to be done through one of those firms.
Mayor Suarez: If you took the test for an actuary, you would pass it,
wouldn't you, Carlos?
Mr. Garcia: I don't think so, no way.
Mayor Suarez: Humble people here.
Mr. De Yurre: Well, can you explain to me this thing about we paying for what
they're spending?
Mayor Suarez: If we increased your salary by $10,000.
Mr. Odio: They come to us and they need staff and we pay for it. The Gates
Case is a very expensive proposition that the City agreed to way back and
devastating, I agree with you, Plummer, Commissioner. In this case, for
instance, we are disputing about $2,500,000 here and last year we disputed
four and a half. It is millions of dollars that goes back and forth here and
if we don't have a good case, and they win, we have to come up with 14.2
million dollars instead of 12 so... and when they hire a staff, we pay for it,
If they need more staff, we pay for it. If they have to move to an office
because they didn't like what they have, we pay for it.
Mr. De Yurre: And that was agreed to by the City?
Mr. Plummer: Yes, sir.
Mr. Odio: That was a court case that the City...
Mr. De Yurre: Well, it's settled or is that a judgment?
Mr. Plummer: It was a settlement.
35 March 10, 1988
0 0
Mr. Odio: That was settled by the City.
Mr. be Turre: So then the City agreed to it.
Mr. Odio: Yes.
Mr. Dawkins: Either that or cough up, what, 40 million dollars or...
Mr. Plummer: No.
Mr. Odio: Either that or it was...
Mr. Plummer: No, near 200.
Mr. Odio: $200,000,000 was the settlement.
Mr. De Turre: Well, we should consider dissolving the City of Miami and
reincorporate.
Mayor Suarez: I'll entertain a motion on...
Mr. Plummer: Twenty was passed in the regular consent.
Mayor Suarez: Twenty. I think we had excluded it.
Mr. Plummer: Did we? I don't have it on my list.
Mayor Suarez: Do you want to just go ahead and move 20 to be absolutely sure?
Mr. Plummer: I move 20.
Mr. De Turre: I'll move it.
Mayor Suarez: Moved. Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-219
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE FIRM
OF EDWARD H. FRIEND & CO., A DIVISION OF JOHNSON &
HIGGINS OF WASHINGTON, D.C., FOR EXPERT ACTUARIAL
ASSISTANCE IN PENSION MATTERS AT A COST NOT TO EXCEED
$48,000 WITH FUNDS THEREFOR ALLOCATED FROM SPECIAL
PROGRAMS AND ACCOUNTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
Mayor Suaraz: Yes, you see we simplify your life, Madam City Clerk, you
Just...
36 March 10, 1988
------------------------------------------------------------------------------
19. A) GRANT $91,000 TO BELAFONTE TACOLCY CENTER FOR OPERATION OF THEIR
SPORTS DEVELOPMENT PROGRAM.
B) REQUEST FULL REPORT FROM THE ADMINISTRATION REGARDING PRESENT
CONDITION OF THE ROOF AT BELAFONTE TACOLCY CENTER.
------------------------------------------------------------------------------
Mayor Suarez: Item 24. Commissioner Dawkins.
Mr. Dawkins: For clarification, I think I heard Commissioner Plummer
say that
Belafonte Tacolcy Center would be put into the recreations budget.
Mr. Plummer: Correct.
Mr. Dawkins: OK? So now if that's put in the recreation budget you
got down
here, a grant, which means you want them to come back every year. We
intended
for them to be incorporated in as a part of the Parks 6 Recreation budget. I
think that was the legislative... I mean the intent.
Mr. Plummer: Exactly.
Mr. Jack Eads: Yes, sir, we have to have a...
Mayor Suarez: Is that just so it doesn't look like a loan, is that
what
you're trying to say there or something?
Mr. Dawkins: A grant, no...
Mr. Jack Eads: No, sir, we have to have a way to write them a check
and this
is the vehicle we need to be able to give them...
Mayor Suarez: OK, but you don't have to call it a grant. It's
just an
allocation of City budget.
Mr. Eads: Yes.
Mr. Odio: And then we contract and we ordered...
Mr. Dawkins: Well, you all keep talking about scrivener's errors
and all
that, make that what this is, OK?
Mr. Odio: Commissioner, even if it's in the budget...
Mr. Dawkins: Huh?
Mayor Suarez: He just wants it clarified, the wording that it's not a - this
is an ongoing allocation.
Mr. Odio: Even if it's in the budget, we have to come back. OK.
Mr. Eads: We understand... yes.
Mr. Odio: It's not a grant.
Mayor Suarez: Or appropriation, really.
Mr. Dawkins: Move it with an exclusion of the word grant.
Mayor Suarez: Moved.
Mr. Plummer: Well, substitute the word grant for contract.
Mr. Dawkins: Contract, OK, all right whatever, J.L.
Mayor Suarez: Or appropriation. How's the roof doing? The roof
hasn't been
fixed even though this is property of the City of Miami and it's
incurring
additional damage because of not being fixed?
Mr. John Bennett: Yes, my name is John Bennett, the director
at Tacolcy.
Ever since they put the roof on, it has not worked and they've had
any number
37 March 10, 1988
0 0
of people out architects looking over it and they say the only thing you could
do is put a new roof on because the roof that they have, they can't fix it.
Mayor Suarez: Mr. Manager, like any other roof, if we don't fix it quickly,
the expenditure for fixing it is going to really, really be a large one
eventually.
Mr. Plummer: Report back at the next meeting.
Mayor Suarez: Please. We have a motion, do we have a second?
Mrs. Kennedy (Off mike): Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution and motion were introduced by Commissioner
Dawkins, who moved their adoption:
RESOLUTION NO. 88-220
A RESOLUTION ALLOCATING $91,000 FROM THE FY '88
GENERAL FUND OPERATING BUDGET OF THE DEPARTMENT OF
PARKS, RECREATION AND PUBLIC FACILITIES AS GRANT TO
THE BELAFONTE TACOLCY CENTER, INC., FOR THE OPERATION
OF SAID ORGANIZATION'S SPORTS DEVELOPMENT PROGRAM
THROUGH SEPTEMBER 30, 1988; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND
SAID ORGANIZATION FOR SAID GRANT IMPLEMENTATION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
MOTION NO. 88-220.1
A MOTION DIRECTING THE ADMINISTRATION TO GO OUT AND
INSPECT THE PRESENT CONDITION OF THE ROOF AT THE
BELAFONTE TACOLCY CENTER AND REPORT BACK TO THE CITY
COMMISSION ITS FINDINGS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
19. DISCUSS AND DEFER PROPOSED AUTHORIZATION TO ISSUE RFP FOR COMPUTER
SOFTWARE FOR INTEGRATED FINANCIAL AND PERSONNEL SYSTEM (SEE LABEL 86).
Mayor Suarez: Item 27.
Mr. Odlo: I'd like to, before you take that up, in the appointment of Carlos
Garcia as the chairman, I'd like to change it to Carlos Smith, Technical
Service Administrator, as the chairman of that committee.
Mr. Plummer: Who's from the outside? Who have you got from the outside
sitting on that committee?
Mr. Odio (Off mike): Who do we have on that committee yet - on 27?
Mr. Plummer: Are there any outside people, experts in the field?
38 March 10, 1988
UNIDENTIFIED SPEAKER: We have not, Commissioner, set up the committee yet.
Mr. Plummer: I move to defer 27.
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mr. Odio (Off mike): Well, we can't appoint a committee if you don't approve
the committee.
Mr. Plummer: All you're asking us to do here is to make them...
Mr. Dawkins: Wait a minute, hold it, J.L., J.L., wait one minute, J.L., wait
one minute.
Mr. Plummer: Yes.
Mr. Dawkins: You know, why can't you wait? I've been begging you for three
years to computerize the Human Resources, OK? And I have to wait...
Mr. Plummer (Off mike): All you're doing here is appointing a department
head.
Mr. Dawkins: ... so now you can't wait on this?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: I second.
Mr. Plummer: Come back at the next meeting. Come back at the next meeting
and tell us who's going to be on the committee and please include...
Mr. Dawkins: They can come back this afternoon.
Mayor Suarez: Yes, or this afternoon. Table until the afternoon.
Mr. Plummer: This afternoon is fine and tell us who you're going to have on
there as outside people to give a good look.
Mr. Dawkins: Odio, bring it back this afternoon.
Mayor Suarez: Table until the afternoon.
Mr. Plummer: That's fine.
20. ORDER SPECIAL IMPROVEMENT AND ESTABLISH SPECIAL ASSESSMENT DISTRICT
(1988 MIAMI DESIGN DISTRICT SPECIAL IMPROVEMENT DISTRICT) AND DESIGNATE
PROPERTY (SEE LABELS 21 AND 22).
------------------------------------------------------------------------------
Mayor Suarez: Item 28. Miami Design District special improvement.
Mr. Norris Spencer: Mayor, Commissioners, I'm one of the property owners at
the Design...
Mr. Plummer: Your name and address for the record.
Mr. Spencer. Oh, Norris Spencer, 3616-3622 N.E. 2nd Avenue, Miami. I'm one
of the property owners that want to vehemently object to the proposed special
tax district.
Mayor Suarez: What kind of property do you have, is it...
Mr. Spencer: It's commercial property. I know you're going to hear from a
lot of eloquent and a lot of very affluent people. Well, I'm not one of
these, I'm one that owns a small building that's trying to make a living out
of it. The taxation in this area and I've used this term before, has been
39 March 10, 1988
0 V
brutal. The Miami Design Center Association is now looking for a special
assessment for other improvements as well as security. I can see the need but
what I'm saying is this, I know this is a project that's been near and dear to
your heart for as long as you've been in and these people have been discussing
it with you. There are others like myself that can't keep their heads above
water with the property that we own. The City is making more out of our
property than the property owner is. I have to vehemently oppose the alliance
between the City Commission or the City of Miami and the Design Center
Association. At the meeting on the 17th of last month, it was stated that the
Design Association cannot continue to assess their members for these
improvements and this security. Well, I don't want to be the patsy for the
Design Association. I don't want to pay another penny in taxes that I don't
have to. As I said...
Mayor Suarez: Do you have any idea how much the assessment might be for a
property such as his. Do you have any idea?
Mr. Spencer: Of the assessment? Well, they say it's 7 point something
percent on your assessed value.
Mayor Suarez: Percent?
Mr. Spencer: Seven point two, seven point...
Matthew Schwartz, Esq.: It's 3.8, 3.8 percent.
Mr. Spencer: Three point eight percent, OK, whatever it be. I think...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy (Off and on mike): Well, one of the question I had was, how are
businesses such as yours that are not really, per se, in the Design District
but a part of the District, going to be affected but I also understand that
we're going to have a public hearing between first and second reading.
Mr. Spencer: Well, this is well and good but they're...
Mr. Odio: This is only a first step, we need to have public hearings on this.
Mrs. Kennedy: Right.
Mr. Spencer: The first I heard about this, it seems like that was in the
works already and the skids were greased. I think the property owners, all
the property owners...
Mayor Suarez: No, that's really the... procedurally that's what we're telling
you is the skids were not greased because this is one of what are going to
be - how many different hearings before we actually finally approve this? One
more, at least, right? Or two sets of public hearings.
Mr. Spencer: I believe there's one public hearing.
Mayor Suarez: Aren't there two readings on an ordinance?
Mr. Dawkins: Mr. Morley, Mr. Morley.
Mr. Schwartz: There would be two readings but...
Mayor Suarez: Yes, so it will be a total of three so that's...
Mr. Odio: We notified the...
Mr. Spencer: Why aren't the...
Mayor Suarez: You know, on the...
Mr. Dawkins: Fred.
Mr. Spencer: Why aren't the property owners advised at the inception when
this is designed?
Mayor Suarez: Well, no, this is what we're doing today.
40 March 10, 1988
0 V
Mr. Odio: Wait, wait, that's what we did today. Sir, we notified you of this
as a matter of courtesy. You will be notified and publicly we have to
advertise the public hearing.
Mayor Suarez: But he's entitled to have all the bites of the apple, I mean,
you go ahead and argue the merits, I'm just saying procedurally, when you say
we've greased the skids or whatever, that there's going to be quite a few
hearings where you can put all sand you want on those skids if that's your...
Mr. Spencer: Oh, that is my hope...
Mayor Suarez: Dirt and rocks and...
Mr. Spencer: ... fervent hope and desire, yes. What I would also like to
suggest and again these people have heard me speak about this before, is how
about considering reducing the taxes in that area? The area's hurting, we're
all hurting. Even this year it was increased again, that area...
Mayor Suarez: Why do you say that, did you have an increased valuation of
your property because the millage rate was reduced.
Mr. Spencer: Well, my particular property went up another $6,000 and I had to
hire an attorney to appear before...
Mayor Suarez: Did you do any improvements or anything?
Mr. Spencer: No, no, improvements, just painting and stuff.
Mayor Suarez: How did your attorney do with the tax appraisal?
Mr. Spencer: Got a big 10 percent from the masters. You go hat in hand every
year and...
Mayor Suarez: Ten percent reduction?
Mr. Spencer: A ten percent reduction. You go hat in hand every year and it's
a very demeaning experience.
Mayor Suarez: How much was your percent increase?
Mr. Spencer: Hmmm?
Mayor Suarez: How much was your percent increase? You said six thou...
Mr. Spencer: About that, about that, but...
Mayor Suarez: So you had a net reduction in your taxes last year.
Mr. Spencer: Yes. You know...
Mayor Suarez: But you had to pay your attorney.
Mr. Spencer: You're playing semantic with me, let me...
Mayor Suarez: No, no, no mathematics, that's very different.
Mr. Spencer: Oh, no... OK, let me give you some mathematics. I own the
property on the corner from this where Bayberry Hand Prints is now. 1 bought
it for 35 thousand. In four years, it went up to $360,000 of assessment. I
was locked in with a lease, I couldn't see it for the $360,000...
Mayor Suarez: Sometimes you feel like you want to sell it to the special
master, tell him, here, take my property for what you're telling me it's
worth.
Mr. Spencer: Exactly, so what I'm saying is, we are being excessively taxed
In the area and we're not getting the services for it. If we're getting
excessively taxed in the area, give us extra police protection. Why the hell
should people have to come and ask for increased taxes for services that our
taxes are supposed to pay for in the first place?
41 March 10, 1988
0
Mayor Suarez: Well, that's a good question. Now what are we going to provide
presumably, if this is approved, with the special assessment?
Mr. Schwartz: OK, the assessment...
Mayor Suarez: They should be no services that we're obligated to give anyhow
to the area. I mean, your question is well posed there.
Mr. Schwartz: There are three main sources for use of the funds. One would
be for management in the district. That would be to pay for the organization,
have an office, an administrative office that does promotion in the District.
Mayor Suarez: Well, they've had an organization...
Mr. Schwartz: Which has been funded by the City.
Mayor Suarez: ... up to now which is voluntary, is that...
Mr. Schwartz: No, to date the last year the City funded the Miami Design
Plaza $164,000 plus the association itself generated approximately $92,000 in
dues.
Mayor Suarez: So it was like 2 to 1...
Mr. Schwartz: Yes.
Mayor Suarez: ... public funding to private.
Mr. Schwartz: They're looking to expand and aggressively promote the
district. They also propose to use $120,000 for marketing, an aggressive
marketing campaign, another $8,000 for art and publications. So the $200,000
is something that would be really geared for marketing and management to the
district.
Mr. Plummer: Yes, but his problem, as I understand it is, he's below or south
of the expressway and he's really not in the district.
Mr. Schwartz: The district boundaries we followed which was the SPI-8 zoning
district which goes from 36th Street up to 42nd Street, but that is part of
the district.
Mr. Plummer: Yes, but the Design District is a different animal from where
he's located, entirely. When you come south of the expressway, it's not even
part of the Design District, I don't think it was ever intended to be.
Mr. Spencer: Mr. Plummer, that was going to be my other suggestion, starting
the Design Center from the north side of the expressway. If you have driven
down 36th Street just from Miami Avenue to N.E. 2nd Avenue, every store is
empty.
Mr. Plummer: See, and in his kind - what kind of business are you operating
there?
Mr. Spencer: Well, I was in the audiovisual business, but now I'm out of
business and the place is - I'm just trying to live off the rentals.
Mr. Plummer: So, the monies that are going to be spent, as you have outlined
there, he's going to be taxed for them but he won't benefit from them.
Mayor Suarez: How about that? Why not the expressway as the limiting
boundary, Matthew?
Mr. Dawkins: South boundary.
Mayor Suarez: South boundary, right.
Mr. Schwartz: For the last 10 years, the Design District boundaries have gone
to 36th Street. In fact, the Design District had extended down on N.E. 2nd
Avenue and down on Miami Avenue in the late 801s.
Mayor Suarez: You're just telling me history, you're not giving me a why.
42 March 10, 1988
0
Mr. Schwartz: On block 30 because we believe that the properties, the bulk of
the properties north of 36th Street, between 36th Street and the expressway,
although probably there's a 60 or 70 percent vacancy rate today, are buildings
that were built for the Design Plaza or converted to that use in the last five
years.
Mr. Plummer: But you see, the problem is that the marketing and all of the
publicity that they're going to be used for the Design District or for
furniture, interior decorators, nothing to do with his kind of businesses.
Yet, you're going to tax him and he's not going to benefit from it. He makes
a damn good point.
Mrs. Kennedy: How about the restaurants also in that area?
Mr. Schwartz: The proposal calls for that. There are approximately 85
percent of the businesses in this area, to 36th Street, are related to
Interior design industry in one way or another. Restaurants...
Mr. Plummer: On 36th Street? No.
Mr. Schwartz: If you take the whole area.
Mr. Plummer: No, not on 36th Street.
Mr. Spencer: On 36th Street, there's about 80 percent vacancies between N.E.
2nd Avenue and Miami Avenue.
Mayor Suarez: He just said 70 so we're quibbling. Seventy, 80 it's a huge
vacancy rate.
Mr. Dawkins: It's 70 or better.
Mr. Schwartz: We're proposing that industrial uses and residential are just
assessed on land value, not improvements...
Mr. Dawkins: But you still didn't answer J.L.'s question, why can't it stop
at the expressway?
Mr. Schwartz: Because the Design District, from staff's point of view and
from the Design District Association, extends down to 36th Street and has the
potential to be part...
Mr. Plummer: Well, they want the additional revenue, that's what they're
looking for because they're not going to benefit this individual in an audio -
video type of business.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Sure.
Mayor Suarez: OK, he sort of gave you an opening there, Charles, because he
said from the Design District standpoint and from the City. Let's hear from
the Design District's standpoint, why would you not stop at the expressway
there?
Mr. Charles Lallouz: My name is Charles Lallouz and I'm the president of the
Design District Association. The problem, he doesn't have an audio, he rented
a showroom for the designers and his problem, like you have few people here,
obviously he's going to have a $50 or $60 a year increase. We have to face a
real big problem this year and, as you know, we have tremendous competition
from DCOTA in Dania.
Mayor Suarez: OK, well I've got a problem with the numbers, I'm sorry,
Charles. You said $50 or $60 a year?
Mr. Lallouz: That's all, we're talking...
Mayor Suarez: Wait, wait, wait, wait, wait, we're not getting any figures
that make any sense here. You said three something percent...
Mr. Lallouz: Right.
43 March 10, 1988
V
V
Mayor Suarez: And what's his property valued at, how could that possibly...
Mr. Schwartz: It'c 3.8 percent millage increase, 3.8 millage increase. I can
give you the exact figure for the property.
Mayor Suarez: OK, it's not 3.8 percent then, please. OK, you're talking
about 3.8 mills.
Mr. Schwartz: Mills, increase.
Mr. Lallouz: Yes, mills.
Mayor Suarez: OK. It's a big difference, you know.
Mr. Lallouz: So that's a big difference. Now, the gentleman here says by
principle I'm going to fight it. The big problem, Mr. Plummer and Mr. Mayor,
and I have to be truthful, but for many years the Design District was doing
fantastic and you had people who bought warehouses and charged $30 and $40 a
foot. They didn't never put a penny to the district, they never put any
helped any tenant, anything. Naturally, the district and the business start
to be bad from building who was like you said, was worth $38,000 and the value
went up to $350,000 and $400,000. Obviously, the people made a lot of money
by selling their buildings was short of, you know. Today we have a big
problem and like I said, I am between me and Mr. Fineman, Mr. Seymour is here
representing Mr. Fineman. We own almost half a million square foot in the
Design District. We are taxing ourself tremendously how. Between Mr. Fineman
and I we pay over $400,000 a year in private security. Private security who's
helping even this gentleman buildings why because if the people cannot come to
the district's secured, we have no business. So we worked very hard through
Helen Blum in Tallahassee for two years. The people, you have a lot
of people, who take the attitude where let the City do things for us. It
doesn't go that way, you know, unless we help ourself, the City will help us.
But, you know, I come from a different breed, if I don't help myself, nobody's
going to help me. So we agreed that we will definitely put the special tax
district. We talked to a lot of people in the district. Mr. Schwartz and the
city attorney were there. It was overwhelming that we should do that, we try
for one year that the special tax district would raise $200,000 - when you
talk $200,000, who's going to be taxed the most is big buildings going to be
taxed. We you talk $50, I mean, this is ridiculous, you know and when you
tell these people to sweep...
Mayor Suarez: Well, he was off by a factor of 20, and to me he lost my vote
when he was off by a factor of 20. He said 7 percent, now it's 3.8 per
thousand...
Mr. Lallouz: Per thousand.
Mayor Suarez: And you kids from Drew Elementary, the difference between a
millage rate and a percentage is a factor of 10 and you're going to know all
of that by the time you're all on the Commission and...
Mr. Lallouz: Excuse me, I didn't finish.
Mayor Suarez: You'll have a chance, you'll have a chance, you can count on
whatever you want. You spoke and I let you speak, now I'm speaking, sir.
Mr. Lallouz: Obviously, we...
Mayor Suarez: And the Commissioner wants to make a statement. Commissioner.
Mr. De Yurre: I'm trying to make a point. If we're talking about 3.8
mills...
Mr. Schwartz: Additional mills.
Mr. De Yurre: OK, so that means like for every thousand...
Mayor Suarez: Right.
Mr. De Yurre: ... it's $3.80.
Mr. Schwartz: Eighty cents, right.
44 March 10, 1988
0 V
Mayor Suarez: Right.
Mr. De Yurre: On $360,000 assessed property, you're talking about $1368.
Mr. Schwartz: Correct.
Mr. De Yurre: Not $50.00 or sixty. That's what we're talking about here.
So, you know, we're not just talking about a few dollars.
Mr. Lallouz: Maybe another gentleman.
Mayor Suarez: What are we doing here with the numbers, now come on.
Mrs. Kennedy: Yes.
Mayor Suarez: What is his assessment? I asked that at the very beginning so
we'd have an idea of what we're arguing about.
Mr. Schwartz: If he gives us the legal, we have the... I don't know which his
proper...
Mayor Suarez: You don't need a legal, we can assume... your property is
appraised, sir, at $300,000? Get on the mike.
Mr. Spencer (Off and on mike): No, no less. About a quarter of a million.
Mayor Suarez: $250,000. What would be his assessment? Maybe he's not off by
a factor of 20 then.
Mr. De Yurre: That's close to $1,000.
Mayor Suarez: You were off on what you told us the percentage was but not
what the amount actually comes out to be. That's OK, they can figure out...
Mr. Schwartz: $950.00.
Mayor Suarez: So why are you using the figure of $50, Charles?
Mr. Lallouz: I'm sorry, is another gentleman was talking he had... we
calculated... in his case...
Mayor Suarez: So in his case, it will be almost $1,000. He was off on his
percentage but he's roughly correct on the actual total absolute amount.
Charles, go ahead.
Mr. Lallouz: So we are showing the City of Miami we care about the district,
it's a very important district to the City of Miami, to us as business people
and investors there and we want to have that special tax district. Others
cities like in Boston was very, very successful doing that. To collect from
tenants or from merchants a due, it's impossible. Next week we don't have no
money to pay for security.
Mr. Plummer: Charles, nobody disputes that. The only question, I think in
dispute is the boundary of the district. If a man is going to be assessed,
what does he benefit? The questions, or the answers that I hear, he's going
to be assessed $950, whatever that number is, about that number and yet
they're talking about an association for the Design District. They're talking
about an association office, they're talking about... I don't see how this
man, in his location and his property, is going to get back a $1,000 worth of
value. And that's simply what we're talking about. Nobody is questioning
north of the expressway which is what I consider the Design District. Hey,
you guys want to tax yourself, God bless you, OK? But how does the man who is
outside of that, what I consider out, he's going to be assessed, what is he
getting back for his dollar? He doesn't need marketing, he doesn't need an
association. You're going to charge him $1,000, you got to give him $1,000 of
value.
Mr. Lallouz: Well, right now we're giving him much more than $1,000, Mr.
Plummer. He is leasing his building to design related.
Mr. Spencer (Off mike): Not a one.
45 March 10, 1968
Mr. Lallouz: I'm sorry?
Mr. Spencer (Off mike): I have...
Mayor Suarez: Veil, we don't think necessarily just as to him. We think
that, the Commissioner is saying that south of the expressway, it probably
would not be nearly as much benefit as it would north because people just
don't think of the Design Center as...
Mr. Lallouz: OK, I take...
Mayor Suarez: And we, you know, the government has built a barrier there and
we...
Mr. Lallouz: Mr. Mayor, we have here a very, very special case who is in the
expressway, Mr. My Katz who is there, I don't know, God knows, since the
district is there and to say a word.
Mr. My Katz: My name is My Katz, I am the owner of Sofas and Chairs,
Unlimited in the Miami Design District. My location's 35 N.E. 38th Street. I
heard the gentleman may that...
Mayor Suarez: So you're north of the expressway.
Mr. Dawkins (Off mike): South.
Mayor Suarez (Off mike): 38th Street.
Mr. Dawkins (Off mike): No, he said 35.
Mr. Katz: We're north of the expressway, we're looking at the expressway.
Mr. Dawkins (Off mike): OK, you're right, you're right.
Mr. Plummer (Off mike): But your man back something of value,
Matthew.
Mr. Katz: I heard the gentleman say that he bought a building for $35,000 was
presently being assessed for $350,000 which you just lowered to $240,000 or
$250,000 and I would say, sell the building for $140,000, $200,000 and you've
made a handsome profit, why are you crying?
Mayor Suarez: You don't know what...
Mr. Katz: You come to the City of Miami and complain about where merchants or
property owners or people like myself that are a combination of an owner of
the property and a merchant at the same time and I'm coming to the City of
Miami and I'm saying, tax me further in order to maintain this premiere Design
District that the United States looks at or we will go down the drain. And
we'll go certainly down the drain if we continue to hear the property owners
who've put nothing back into the district, not even a coat of paint. Now, as
far as this district area of 36th Street to 40th Street, N.E. 2nd to N. Miami
Avenue, 36th Street exists as far as a property only because the Miami Design
District was overflowing, which it isn't right now. And any property owner
who has property there was looking and hoping and did at some point entice
people that were in the design industry. They're not looking for physicians
or churches or anything of the sort or service industries. They're still
hoping to get design industry; 36th Street is the beginning of the design
industry. Roche-Bobois...
Mayor Suarez: Well, it's tough for us to make that determination for one
reason that we have heard already today which is that 70 percent roughly of
those properties south of the expressway apparently are vacant. In which
case, whatever it is we're doing, obviously is not working particularly
well...
Mr. Katz: Well, how about...
Mayor Suarez: It's difficult to say what the character of that strip is up to
the expressway.
46 March 10, 1988
0 a
Mr. Katz: OK, and if there is any tenants along the way that are still in
this design business...
Mayor Suarez: Design related.
Mr. Katz:, ... we don't tax them, is that it?
Mayor Suarez: Well, we can only use geographical boundaries, but the
Commission has a policy decision to make today which will apparently we'll be
discussing at least one subsequent hearing on whether to include the area
south of the expressway or not. And it's a tough one, I think Commissioner
Plummer has made some good points and the gentleman has that they don't get
the same kind of benefit as those north of the expressway.
Mr. Katz: Of course they do. The patrol goes around 36th Street...
Mayor Suarez: Not the same, not the same.
Mr. Katz: The security covers 36th Street, it covers their properties as well
and this is a business. Sometimes you win and sometimes you lose, but you
should go along with the majority. I tell you whatever their properties are
worth right now, if the Design District continues its downward slide, their
property...
Mayor Suarez: We know that, we know that.
Mr. Katz: ... well I have to reinforce it, because I've never before been
before the City Commission and I came...
Mayor Suarez: But drawing up boundaries, as you know, has some discretion
associated with it and we're trying to decide whether to draw...
Mr. Katz: All right. Mr. Mayor, if you draw that boundary north of the
expressway and the design business begins to go back to where it was and in
fact it exceeds it. Now, would 36th Street property owners like to be part of
this again? You know, you're with a team...
Mayor Suarez: Maybe they'll petition to be part.
Mr. Katz: A team has to stay together win or lose. Right now, we're losing.
We have to fight to do better and the only way we're going to do better is we
have to tax ourselves. Nothing is free. Everybody wants to get in line free.
It can't be free. The City of Miami has been good to the Miami Design
District. As a property owner/merchant, I want to tell you I appreciate what
the City of Miami has done for the district. Now, I'm one of the success
stories of the district. I'm not here for me. I'm here for the Design
District to flourish again and that's my whole point.
Mayor Suarez: Thank you for your statement.
Mr. Dawkins: How can we, I mean, ever since I've been here, had we listened
to the Design District when they first came before this Commission, there
would not be a Design District in Dania, Florida, OK? And now, they're here
again asking for assistance and we're finding all kind of excuses and all kind
of every way not to assist the Design District. Now, if we do not assist
these people, they're going to pull up and say, well the hell with it, why
should I keep fighting City Hall? And they're going to move on up to Broward
County and then their property will be just like this gentleman's property,
vacant and empty, and we aren't going to have anything. So I would suggest
that whatever we're going to do and then when it comes back for a public
hearing, let's hear from everybody concerned, but I'm going to tell you now
that I am going to vote in favor of trying to salvage the Design District
which ever way we can so that when it goes up, it'll go up with Miller Dawkins
support, if it goes down, it goes down with Miller Dawkins support.
Mayor Suarez: Bill.
Mr. Bill Rios: My name is Bill Rios, I'm with the Wynwood Community
Development Corporation. Mr. Mayor, Commissioners, Wynwood has a vested
interest in the Design District as you well know. One of the things that we
are trying and we got a vote of confidence from the Commission the last time I
was here in my learning process, was the we co -designate 36th Street Design
47 March 10, 1988
0 t
Boulevard. Now, to encourage additional foot traffic into the 36th Street and
into the neighborhood and into the Fashion District, one of the principal
reasons for us to want to want to encourage the fact that, you know, the
Design District be considered from 36th Street or even lower into the
Furthermore, it is very difficult as I perceive the boundaries for
them to .continue to increase and to continue to flourish north of their
current boundaries. I think that it would only be a natural and it would be
an assistance to Wynwood. I think their services are direly needed in
Wynwood. I think that it would be a natural spin off for us to have an
encouragement of the Design District into the Wynwood area. Thank you.
Mr. Dawkins: I move this and then come back for further discussion at the
next meeting.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded.
Mr. Dawkins: And you'll still be heard, sir...
Mayor Suarez: Yes, we'll have a...
Mr. Dawkins: I agree with you.
Mayor Suarez: ... further opportunities. Any further discussion from the
Commission?
Mr. Dawkins: Next meeting.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-221
A RESOLUTION ORDERING A SPECIAL IMPROVEMENT AND
ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR A
PERIOD OF ONE YEAR TO BE KNOWN AS THE 1988 MIAMI
DESIGN DISTRICT SPECIAL IMPROVEMENT DISTRICT;
DESIGNATING THE PROPERTY UPON WHICH THE SPECIAL
ASSESSMENT SHALL BE MADE FOR A PORTION OF THE COST OF
MARKETING, MANAGEMENT, PROMOTION AND SIMILAR SERVICES
WHICH WILL STABILIZE, BENEFIT AND IMPROVE THE MIAMI
DESIGN DISTRICT; STATING WHICH PORTION OF THE COST
THEREOF SHALL BE PAID BY VIRTUE OF SPECIAL ASSESSMENT
OVER A ONE YEAR PERIOD; STATING THE TOTAL ESTIMATED
COST OF SUCH SPECIAL ASSESSMENT FUNDS ARE TO BE
ADVANCED FROM THE GENERAL FUND TO BE REPAID THROUGH
THE SPECIAL ASSESSMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
48 March 10, 1986
Mayor Suarez: I'm going to vote yes, but I would like to hear further on this
issue. Mere going to hear on it and it's a tough one because it is a tough
policy decision to include an area that physically seems to not really be a
part of it.
COMMENTS MADE AFTER ROLL CALL:
Mr. Dawkins: But by the same token, it's also tough...
Mayor Suarez: But it will benefit, yes.
Mr. Dawkins: Yes, it's also tough to let the other group tax themselves and
develop it and once it become a flourishing community, then these guys come by
in having not contributed to the growth. I mean that's also, you know, we've
got to look at it both ways. OK, thank you.
Mr. Leonard Cole: Is there anymore...
Mr. Dawkins: No, come on, it says public hearings.
Mr. Cole: I wasn't sure if there were any more. My name is Leonard Cole, I'm
a company called Showroom 184 at 3814 N.E. 1st Avenue. I occupy about 7,000
square feet in the Design District for the last ten years. I believe that the
demographics over here are important for more studying inasmuch we've only had
one gentleman as a property owner voicing a complaint that he is not getting
the benefit of the district because he is south of the expressway. However,
when the map was on beforehand, if you analyzed the access to the
Design District coming off of 95, all that traffic exits at the corner of 36th
Street and Miami Avenue. Therefore, the property owners that aren't here
should be spoken to with those empty 70 percent spaces, some of those are very
expensive buildings. A company called Pace, a very high in quality showroom
existed on 36th Street and is now empty. They're not represented here either
as a property owner but they have a much larger vested interest than this
gentleman over here. Number two, by denying or taking away demographically
36th Street, you segregate the District from the traffic flow that the City
has created. Thirty-sixth Street was, in concept, the entrance to the Design
Boulevard coming off the expressway.
Mayor Suarez: Yes, Bill made the point too that we're codesignating it now
with...
Mr. Cole: Right, I think more effort should be made to make 36th...
Mayor Suarez: That's a conceptual concept, whether it will actually lead to
people considering the district beginning there or not, God knows.
Mr. Cole: Right, I think 36th Street should have more attention given it as
it is the perimeter of the beginning of the district from that point north.
Mayor Suarez• We have a saying here that when momentum is in your favor, you
probably oug'at to go ahead and cut short your remarks and so far we've voted
already. In fact, it's more than momentum, it's a fait accompli at this
point.
Mr. Cole: OK, the other thing I would like to mention is that...
Mayor Suarez: Charles, I had to throw some French into this, you know.
Mr. Cole: Right, is that I would really try to clearly establish that some of
the money that is trying to come out of this appropriation is going to come
into our area of security, additional security for the district. And that is
something that the district seriously needs funds and assistance on.
Mr. Plummer: I hope that when you come back at the public hearing, that you
will be able to demonstrate how these people on 36th Street will benefit from
the monies in which they are designated to be spent because that's what I'm
going to be listening for.
Mr. Cole: Very good. Thank you.
Mr. Dawkins: Mr. Mayor, before I...
49 March 10, 1988
0 0
Mr. Clark: Mr. Mayor, sorry, Commissioner Dawkins, I wanted a clarification
on your motion, I think you're going to be voting on it. As I understand it,
you're going to order the improvement then have the notice published in the
paper and then when the assessment rolls completed, all these people have a
chance to come and present evidence as to why their property is not benefited
or whatever...
Mr. Plummer (Off mike): Correct.
Mr. Clark: ... that's the normal procedure. I just want to clarify, your
vote today, you're actually ordering this special improvement, is that
correct?
Mr. Dawkins: Yes, sir.
Mr. Clark: All right.
Mr. Cole: Do I under...
Mr. Plummer: But it still leaves this Commission the freedom of excluding or
changing.
Mr. Clark: Correct.
Mr. Plummer: OK.
AT THIS POINT THIS ITEM WAS MOMENTARILY DEFERRED.
NOTE FOR THE RECORD: AT THIS POINT THE CITY COMMISSION RECOGNIZES
IN THE AUDIENCE THE STUDENTS FROM CHARLES DREW AND JOE HALL
ELEMENTARY - "THANKS AMERICAN COMMITTEE" GRANTS SPONSORSHIP FOR
PROGRAM AT DREW ELEMENTARY.
------------------------------ ------------------------------------------------
21. CONTINUED DISCUSSION AND CLARIFYING COMMENTS IN CONNECTION WITH MIAMI
DESIGN SPECIAL ASSESSMENT DISTRICT (SEE LABELS 20 AND 22).
------------------------------------------------------------------------------
Mr. Eugene Prinz: On item 28, we're four property owners here that didn't
have a chance to speak and we don't want to interrupt your proceedings...
Mayor Suarez: I'm sorry, were you against the plan.
Mr. Prinz: Yes.
Mayor Suarez: Oh.
Mr. Prinz: And we're property owners on 36th Street and we'll come to the
next meeting. We're confused, is the matter deferred or has it been voted on?
Mayor Suarez: No, we passed it but it must go to a public hearing on the same
issue.
Mr. Prinz: You deferred it and than it was talked about being voted on
approved. So it's one or the other.
Mr. Dawkins: Mr. Clark, Mr. Clark, explain... OK, explain Mr. Clark what we
did, please, sir.
Mr. Clark: Upon the adoption of the resolution which you just made, the
municipality shall cause said resolution to be published one time in a
newspaper, general circulation, and if there be no newspapers as governing,
shall cause said resolution to be published for a period of two weeks and it
has to be published with all of the specifications, all the plans, the
assessment plats, all of that has to be in the Clerk's office presumably for
the benefit of those people. They'll have to fix a time and a place when the
owners of the property to be assessed or any other persons interested may
appear before the governing authority and be heard as to the property and the
advisability of making such improvements as to the cost, as to the manner of
payment, as to the amount to be assessed and all of this, ten days' notice
50 March 10, 1988
0 9
will have to be given in writing to each of the property owners. So there
will be an opportunity to challenge the location, challenge this entire
process.
Mr. Prinz: So as a layman, though, it hasn't been deferred to the next
meeting, it has been passed.
Mr. Clark: No, it hasn't and...
Mr. Dawkins: It has been passed...
Mr. Prinz: So, the Mayor's...
Mr. Dawkins: ... and so in order to start the mechanism to determine what the
fee will be, as J.L. said, so that if you're being taxed $1,000, and you want
to know what your $1,000 will buy you and if you're not satisfied, then that
time, we may not vote for it.
Mr. Prinz: Our problem...
Mr. Plummer: There's also alternatives. This is only a one year assessment
at best. We, I assume, can reduce the assessment along 36th Street and leave
the other assessment in the district. We can eliminate it, we have the
freedom and choice to do what we see at the public hearing. The bottom line
of what you just heard is, we'll see you at the next meeting.
Mr. Prinz: One of our problems is, is that was all talked and negotiated by
the association which are merchants and the money is going to be spent by
merchants, not by property owners. Property owners have never been notified
of the meeting, we weren't even notified of this meeting except...
Mayor Suarez: What about that, Matthew? Let's clarify that.
Mr. Schwartz: Notices were sent to every property owner within the SPI-8
district of a meeting that was held...
Mr. Prinz: Mr. Plummer didn't get a notice, Mr. Grant didn't get a notice.
Mr. Schwartz: ... in the district in early February and that notice...
Mayor Suarez: Is the proper vehicle merchants or property owners to implement
any kind of a...
Mr. Schwartz: We sent notices to all the property owners.
Mr. Prinz: No.
Mayor Suarez: I don't mean for noticing, I mean for implementing the plans
and so on.
Mr. Prinz: That's the merchants association...
Mayor Suarez: Wait, wait, I'm talking about the proper, not what we're doing
but what we should be doing.
Mr. Schwartz: OK, all property owners were notified by the City...
Mayor Suarez: I don't mean notice, Matthew, for actually carrying out the
implementation of the program. Should it not be an association of property
owners as opposed to... or have we chosen a particular...
Mr. Schwartz: We would recommend that has not been... we would recommend the
district association which has a good record. There is no, as far as we know,
there's no other organization in the district.
Mayor Suarez: No property owners association in place, right?
Mr. Plummer: Yes, but that comes about almost to calling it taxation without
representation.
Mr. Prinz: Exactly.
51 March 10, 1968
0 9
Mr. Plummer: If they're property owners and they were not invited in to the
association meeting, that goes even further to say that they're not in the
district.
Mr. Schwartz: Commissioner, they were...
Mr. Prinz: And we're not merchant members, and we are...
Mr. Plummer: It's not the point, it's not the point. If you are going to be
in a special assessment which is usually agreed upon by the people in that
district that they wanted...
Mr. Prinz: The owners.
Mr. Plummer: Exactly.
Mr. Prinz: Right.
Mr. Plummer: And you were not even notified, you had no chance to participate
In that kind of a situation, that's taxation without representation. You
know, other than a public hearing, that's crazy.
Mr. Lallouz: No, no, that's not so, Mr. Plummer. That's not so.
Mr. Plummer: I'm only going by what he said, sir.
Mr. Lallouz: No, no, that's not so at all. Matthew, excuse me, can I say...
Mr. Schwartz: All property owners were notified by the City of a meeting in
the district and of this meeting today.
Mr. Dawkins: OK, well the gentleman say he didn't get a notice. See that he
gets notified next time, please.
Mr. Schwartz: Oh, definitely.
Mr. Dawkins: All right...
Mr. Lallouz: Mr. Plummer...
Mr. Prinz (Off mike): Mr. Plummer wasn't notified.
Mr. Dawkins: Everyone gets notified, OK.
Mr. Lallouz: All property owners were notified.
Mr. Dawkins: Besides putting it in the paper, OK?
Mr. Plummer: Charles.
Mr. Lallouz: Yes.
Mr. Plummer: I'm taking your word for it and I'm taking his...
Mr. Dawkins: His word.
Mr. Plummer: He said he wasn't.
Mr. Lallouz: No, no, but...
Mr. Dawkins: That's right and he has no reason to lia and you have no reason
to lie, OK?
Mr. Lallouz: Yes.
Mayor Suarez: As to the association, you have invited all merchants, all
property owners, I mean, the word merchant there is broadly understood to mean
anyone who has any kind of a business including owning property, obviously.
Mr. Prinz: But most of their members are not property owners. Only a handful
of the association members are property owners.
52 !larch 10, 1988
1
9
Mayor Suarez: Well, that's OK, I mean the fact that they are or not...
Mr. Dawkins: Oh, your association or his association?
Mr. Prinz: His association.
Mayor Suarez: Well, but he... they can be broader than that but you want to
make sure you invite the property owners to become members of the association,
Charles.
Mr. Lallouz: Absolutely, Mr. Mayor we never refuse. The contrary, anybody
who, you know, as a member and obviously, you know...
Mayor Suarez: I imagine you don't, particularly if they pay your fees.
Mr. Lallouz: Even a lot of property owners have even in their lease, you
know, I don't know how many property owners do have that, but there are a lot
of people have in their lease to pass that tax to the tenant. So it really
is, you know, the merchant who is paying for it. You know, if he set up his
lease to that...
Mayor Suarez: Yes, but Charles, you understand they're saying that there's 70
percent unoccupied so they're not able to pass the tax to too many tenants if
you don't have tenants.
Mr. Prinz: My tenant is a Haitian doctor, not in the design business.
Mayor Suarez: OK.
Mr. Prinz: I'd have a tough time passing it on her. But, this...
Mayor Suarez: That's the kind of testimony we're going to need, by the way,
when we make this final determination; exactly what sorts of...
Mr. Prinz: At one time years ago...
Mayor Suarez: ... tenants you have in that area south of the expressway.
Mr. Prinz: At one time years ago, this was going to be contemplated to
charged on a square foot basis of building which would be much more in tune
with the merchants that are benefiting and they're banking the advertising and
publicity and everything else...
Mayor Suarez: Because they have higher buildings, is that what your saying?
Mr. Prinz: Well, because they have showrooms, so many square feet, the larger
ones pay more, but on vacant property like Mr. Plummer has and a lot of us,
the rest of us, this is absurd and who should vote, who should solicit this
kind of thing but the property owner if he's going to be taxed?
Mayor Suarez: OK. You all look over there as if you were in favor of this
and I'm sorry if I am mistaking your statement.
Mr. Thomas Dickson: (OFF -MIKE) ... representative of Mr. Plummer.
Mr. Plummer: Do you want to make a statement, Mr. Plummer?
Mr. Dickson: My name is Thomas Dickson, at 155 NE 40th Street. I represent
the Richard Plummer Company. We have over 100,000 square feet of property in
the decorator's area. We have for 60 years supported the area and been a
major force behind a lot of improvements that were made in the area. Our only
objection to this special assessment is the method that they are using. First
they came up with a square footage method, and now they came up with a
valuation method, and those of us that are fortunate enough to be able to
provide our employees with parking and our customers with parking and we have
some land for future development, are going to pay more assessment for this
vacant land than we are for our shop, and so the license department has a
large criteria for assessing license fees and why can't the Planning
Department, or whoever who is behind this, come up with a method of assessing
these fees on an equitable basis.
53 March 10, 1988
1
Mayor Suarez: Well, it, presumably is felt to be equitable to use valuation
because that takes into account all the factors that add to the value of the
property, vheLiier .iie tax appraiser does a good job of that or not is another
issue.
Mr. Dickson: Vacant land and parking lots, though?
Mayor Suarez: They have a valuation, too.
Mr. Dickson: Yes, they have a valuation too.
Mayor Suarez: You do get the benefit, by the way, I have to say, of having
that expressway there, because your signs are extremely visible. I mean, you
have automatic advertising by being where you are.
Mr. Dickson: So, Mr. Plummer...
Mayor Suarez: It's not related to this issue, necessarily.
Mr. Dickson: ...yes, and the company take exception to the assessment based
on the method that they are going to use.
Mayor Suarez: We'll want to hear more testimony on that issue too at the
hearing. No, you're in favor. I wouldn't recommend it.
Ms. Marcella Goldstein: I would just like to make one point, if I may, Mayor
Suarez.
Mayor Suarez: At your own risk.
Ms. Goldstein: OK. My name is Marcella Goldstein. I'm vice president of the
Miami Design District Association, and I own a business, Marcella David
Collection, at 10 NE 39th Street. The point I would like to make, with all due
respect to the property owners who are here, they are only a small handful of
property owners. Every time we have a meeting, when this organization was
formed, we had invited all the property owners to be on our board, to
participate, to attend our meetings, and they are notified of every meeting
and every occurrence in the district, and we had asked their support.
Mayor Suarez: Well, apparently the notification problem as to this hearing
did not work out well, so, we are going to have to...
Ms. Goldstein: Well, apparently, all our notifications don't work out well,
with the property owners. Thank you.
Mayor Suarez: All right, thank you, Marcella. Do you want to make a
statement on this issue, Gloria?
Unidentified Speaker: May I, please?
Mayor Suarez: We're never going to end this. I mean, that's why I'd hoped
you wouldn't even make any kind of a statement, because it didn't seem like
it was necessary. Do you want to say something about the kids who are now
leaving?
AT THIS POINT, THIS ISSUE WAS MOMENTARILY DEFERRED.
Ms. Gloria Rosello: On the children, being the vice-president of the Thanks
America Committee, with about 13,000 here in Miami, and 35,000 all over the
country, I think we are able to get them one, sponsor one...
Mayor Suarez: Oh, just what we needed!
Ms. Rosello: Our president is Grace Flores, and I'm the vice president of the
association.
Mayor Suarez: Good. Thank you, Gloria. God knows they need it, and it is a
beautiful program and that school, anyone who hasn't visited, should. You got
another? I don't know Principal Moorely.
54 March 10, 1988
1
22. CONTINUED DISCUSSION OF 1968 MIAMI DESIGN SPECIAL ASSESSMENT DISTRICT
(SEE LABELS 20 AND 21).
Mr. Monroe Sherman: My name is Monroe Sherman, and I have Carriage House
Showrooms on 39th Street, right in the center of the district, and I've been
there for 15 years.
Mayor Suarez: And you are against it?... the assessment?
Mr. Sherman: Well, the assessment would be fine, except that I've seen the
area shrinking instead of growing, and to find that as a property owner and a
business owner, I'm a little bit perplexed as far as whether that assessment
that we would be paying, in my case, probably about $1,000 a year, what I'll
see out of it. We have been watching the area suffer a tremendous loss of
business and at the same time, I'm all for paying if I am going to be getting
things back, but I'm finding it difficult to see that we are not properly
secure. To begin with, the area is not properly promoted, when I would think
that the City has a tremendous advantage to receiving the taxes that it is
getting at this point.
Mayor Suarez: If you are not aware, by the way, and I don't mean to imply
that you are not, but just in case you aren't, of the work and the efforts and
the volunteer time that these people are putting in to promote that area, make
yourselves aware of that, before you reach a conclusion that maybe you are not
getting your money's worth, because for every dollar we have given them, they
had put in, I don't know how many dollars of people time in trying to improve
and promote the district and I'm a witness to that because they spent many,
many countless hours in my office, and I think it is true for the rest of the
Commission and they are always asking for something for the district, they
never asking for anything for themselves. I understand that in this case,
they will be...
Mr. Sherman: But, regardless, the property values have gone down and the
ability to sell the properties...
Mayor Suarez: Well, that kind of cuts against his argument that his property
values have gone up... yours, I don't know!
Mr. Sherman: Well, his property values went up as far this assessments were
concerned, so he was taxed higher, but he wasn't able to sell the property at
a very good price. I mean, I have seen...
Mayor Suarez: Well, but he has got some kind of a lease problem. I don't know
why he can't...
Mr. Sherman: That was because he didn't write a proper lease, but that's his
fault.
Mayor Suarez: That's right.
Mr. Sherman: Right.
Mayor Suarez: But, I don't want to get into that, because we will argue
forever.
Mr. Sherman: Yes, but as far as the issue that I see, I mean, I've watched my
business grow in the area, but that the area has not grown. I've had to look
elsewhere to do my business nationally. I've had to promote myself in
national advertising. The area has not grown. It is continually shrinking.
The people who are...
Mayor Suarez: Have you participated in any other meetings of the Merchant's
Association?
Mr. Sherman: I have, but I have also noticed people like Mr. Prinz, who has
properties on 36th Street that were rented four and five years ago, that he
can't rent now and valuable properties and valuable spaces that are left
unleased.
55 March 10, 1988
Alb aW4
Mayor Suarez: We know, we know that. We know even the figures as high as 70
percent.
Mr. Sherman: That's right! Well, it is a matter of, I mean, we want to see
something happen with the growth of the area, but the question is, is $200,000
being assessed to the property owner, going to answer a large problem like
that? OK, thank you.
Mayor Suarez: Thank you for your statement.
23. NEGOTIATE AND EXECUTE AGREEMENT: WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORP. - TO STUDY AND ANALYZE THE INDUSTRIAL DEVELOPMENT POTENTIAL OF THE
GARMENT CENTER/FASHION DISTRICT OF WYNWOOD.
Mr. Charles Lallouz: I gust want to go on the next agenda. I'm sorry, I've
become the Mayor now.
Mayor Suarez: Item 29, is the next item.
Mrs. Kennedy: Let me just say that I pulled that item because I would like
for the Department of Economic Development to make sure that you work with
William Rios and the Wynwood Economic Development so that we don't reinvent
the wheel.
Mr. Dawkins: I too, I am disturbed that Mr. Rios came down here saying he
needed help, and then you guys allowed the northeast development to select
their consultant. I argued against that. You allowed somebody else to select
their consultant and when I asked Mr. Rios if they could have anything to do
with the selection of this, and he said "no." Now, the other thing is, why
can't we give them the $4,500 to do the study?
Mr. Matthew Schwartz: We could if they have sufficient staff to do the study.
Mr. Dawkins: Well, for $400 - $500, they can get a part time person.
Mr. Schwartz: I believe the...
Mr. Dawkins: I mean, who would be... in my opinion, Commissioner Kennedy, who
would be obligated to them...
Mrs. Kennedy: Right.
Mr. Dawkins: And to the area, somebody who knows the area, and somebody who
is willing, and committed to the area, rather than bringing an outsider in.
Mr. Odio: Defer this, Commissioner, we are going to talk to Mr. Rios and see
if he can do it.
Mr. Dawkins: OK, thank you. What should we do, table this, or what do you
want me to do with this?
Mr. Odio: We will bring it back if necessary. If not...
Mr. Dawkins: No, well, I move it with the provision that the Mayor work out
something with the Wynwood Development area to do this.
Mrs. Kennedy: Second.
Mayor Suarez: Mr. Manager? So moved and seconded. Any discussion? Call the
roll.
56 March 10, 1988
1
I
a
AYES: Comissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
AT THIS POINT, CITY CLERK READS BIDS INTO THE PUBLIC RECORD:
Campanella Construction
Delgado Paving Inc.
Man -Con Incorporated
FCE Constructing, Inc.
Alfred Lloyd b Sons
Royal Plumbing
Ms. Hirai: Mr. Mayor, those are all the bids.
Mayor Suarez: Do we need a motion to tabulate?
Mr. Plummer: So moved.
Mrs. Kennedy: Second.
$46,330.00
$44,420.00
$43,940.75
$46,480.00
$35,153.00
$39,185.00
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
THEREUPON, ON MOTION duly made by Commissioner Plummer and
seconded by Vice Mayor Kennedy, the City Commission unanimously
agreed to refer the bids for tabulation. (NOTE: The parameters of
the herein motion are contained in Motion 88-223 above.)
25. AMEND CITYWIDE NEIGHBORHOOD PARK RENOVATIONS PROJECT - PROVIDE A LIST OF
PARKS TO BE RENOVATED - APPOINT CERTIFICATION COMMITTEE (See label 14).
Mayor Suarez: Item 30.
Mr. Dawkins: Item 30? Bring it back with whatever provisions Mr. Plummer
added, and I'll move it.
Mr. Eads: This is actually a separate item, Commissioner. We will take those
directions from Commissioner Plummer's motion earlier. We need this one moved
to do the design work on these.
Mr. Plummer: Who are the three members of this certification committee?
Mr. Eads: Allan Poms, Jim Lucanic and Juanita Shearer.
Mr. Dawkins: Oh no.
Mr. Plummer: How many of those are out of house?
Mayor Suarez: None.
Mr. Dawkins: No, Juanita Shearer works for the City.
Mrs. Kennedy: Juanita Shearer works for the City, yes.
Mr. Plummer: No, no, I want somebody from out of house. I don't care who you
replace, I'm not trying to name anybody. Give me one person from the outside.
I want people that know how to
Mr. Dawkins: Mariano Cruz.
Mr. De Yurre: Can't you create a subcommittee from the Parks Advisory Board?
58 March 10, 1988
1
•
4D
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-222
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AN AMENDMENT FOR AN AMOUNT NOT TO EXCEED
$4,500. IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI AND WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION TO CONDUCT A STUDY
ANALYZING THE INDUSTRIAL DEVELOPMENT POTENTIAL OF THE
GARMENT CENTER/FASHION DISTRICT OF WYNWOOD IN THE CITY
OF MIAMI, UTILIZING FUNDS PREVIOUSLY APPROPRIATED TO
THE DEPARTMENT OF DEVELOPMENT FOR ECONOMIC DEVELOPMENT
ACTIVITIES, FROM THE 13TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
24. OPEN BIDS: OPEN SEALED BIDS - CONSTRUCTION OF CITYWIDE SANITARY SEWER
EXTENSION IMPROVEMENT - SW 8TH COURT (B-5539).
Mayor Suarez: Item 63, open up the bids, please, Madam City Clerk.
Ms. Hirai: Mr. Mayor, these are sealed bids for construction of City-wide
sanitary sewer extension improvement, SW 8th Court, 8-5539. I need a motion
to open bids, Mr. Mayor.
Mayor Suarez: I entertain a motion.
Mr. Plummer: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Moved, seconded, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION MO. 88-223
A MOTION TO OPEN, READ AND REFER FOR TABULATION SEALED
BIDS FOR CONSTRUCTION OF CITYWIDE SEWER EXTENSION
IMPROVEMENT - SW 8TH COURT (8-5539).
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
57 March 10, 1988
Mr. lads: Why don't we have the Parks Advisory board designate a member to
serve on...
Mr. Plummer: That's fine.
Mayor Suarez: That's right.
Mr. Dawkins: Beautiful. Wonderful. Good shot.
Mr. Plummer: Increase it to five members and let them appoint two.
Mr. Dawkins: Good shot.
Mayor Suarez: OK, with that modification, we have a motion. Do we have a
second?
Mrs. Kennedy: Second.
Mayor Suarez: Second. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-224
A RESOLUTION AMENDING RESOLUTION NO. 87-556, ADOPTED
JUNE 11, 1987, WHICH HAD DESIGNATED THE PROJECT
ENTITLED "THE CITYWIDE NEIGHBORHOOD PARK RENOVATIONS
PROJECT" AS A CATEGORY B PROJECT FOR CERTAIN CITY
PARKS ON A COLLECTIVE, COMBINED AND/OR INDIVIDUAL
BASIS, BY ADDING NEW SECTIONS 5 AND 6 THERETO TO
PROVIDE FOR A LISTING OF THE PARKS TO BE RENOVATED;
AND TO APPOINT A CERTIFICATION COMMITTEE OF NOT LESS
THAN THREE (3) MEMBERS FOR SAID PROJECT, IN ACCORDANCE
WITH ORDINANCE NO. 9572, ADOPTED FEBRUARY 10, 1983,
WHICH ESTABLISHED PROCEDURES FOR CONTRACTING SUCH
PROFESSIONAL SERVICES AND WHICH ESTABLISHED
COMPETITIVE NEGOTIATION REQUIREMENTS WITH REGARD TO
THE FURNISHING OF SUCH SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
26. DISCUSS AND DEFER PROPOSED EXECUTION OF INSTRUMENT FORMALLY RELEASING
AND CANCELLING COVENANT AND AMENDED COVENANT CONCERNING EXECUTIVE PLAZA
(DEFER TO NEXT MEETING).
Mayor Suarez: Item 31.
Mr. Dawkins: I don't understand 31. Somebody explain it to me, please.
Mr. Odio: 31 is authorizing and directing the Manager and the City Clerk to
execute a release of covenant and an amended covenant related to the
requirement, the City Commission requirement.
59 March 10, 1988
•
4
Mr. Dawkins: Oh, yes, that is all right, I know what that is.
Mr. Odio: You know what that is?
Mr. Dawkins: Yes, move it.
Mayor Suarez: Moved.
Mr. Plummer: Well, I don't.
Mrs. Kennedy: I don't know what...
Mr. Odio: Public Works reviewed the requirements that were set by the City
Commission. The requirements were related to the vacation and closure of NE
31st Street between NE 2nd Avenue and Biscayne Boulevard, as a condition of
acceptance of the plat, and they have done that.
Mr. Dawkins: No, that guy, he hasn't done anything. He was supposed to
improve the sidewalks, he was supposed to plant more trees, he was supposed to
do so and so and so, and Mr. Cather came up here and said he has done it, and
he hasn't done any more since... I go by there every day, he hasn't done any
more or any less, since then, and now you are talking about releasing him from
the covenant? So be it. Go ahead, Mr. Golby.
Mr. Walter Golby: They were supposed to also donate $35,000 to the City's
parks programs.
Mr. Dawkins: And he didn't do that either.
Mr. Golby: That's right.
Mr. Odio: No, sorry.
Mrs. Dougherty: I don't know that that's true.
Mr. Dawkins: Well then, all right, defer it until we check it out, until the
next meeting.
Mrs. Dougherty: Yes, let's defer it.
Mr. Dawkins: I am sure that Mr. Golby is reading from something that is
legal. See, that guy didn't do nothing he promised.
Mr. Plummer: (OFF MIKE) Well, why don't we defer it Move that it be
deferred.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded to defer the item. Call the roll.
UPON MOTION DULY MOVED BY Commissioner Plummer and seconded by
Commissioner Dawkins, the City Commission agreed to defer this
item by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: And don't put it on the consent agenda next time. Bring it up
to be discussed.
60 March 10, 1988
27. EMERGENCT ORDINANCE: ESTABLISH SPECIAL REVENUE FUND - 11988 BUDWEISER
REGATTA" - APPROPRIATE $75,000 FROM A GRANT FROM METRO-DADE TOURIST
DEVELOPMENT TAX REVENUES (HYDROPLANE REGATTA).
------------------ -----------------------------------------------------------
Mayor Suarez: The next one after consent agenda, 35, emergency ordinance.
Aurelio, can you give me a little assist in those items that are left?
Mr. Dawkins: I am voting no, because see Miller's Beer gave me a shirt for my
birthday, it says Millers. Budweiser didn't give me nothing! I'm not voting
for Budweiserl
Mr. Plummer: I move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved, seconded. Any discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED "1988 BUDWEISER REGATTA"; APPROPRIATING
FUNDS FOR SAME IN THE AMOUNT OF $75,000 FROM A GRANT
FROM METROPOLITAN DADE COUNTY TOURIST DEVELOPMENT TAX
REVENUES FOR THE PURPOSE OF PROMOTING AND PRODUCING
THE 18TH ANNUAL BUDWEISER UNLIMITED HYDROPLANE REGATTA
TO BE HELD JUNE 3, 4 AND 5, 1988 AT THE MARINE
STADIUM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID
GRANT AND TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED WITH METROPOLITAN DADE COUNTY;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10393.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Can you give me a breakdown, not necessarily now, in the next
five minutes or so, of where all the tourist and development tax monies are
61 March 10, 1988
going? We have $75,000 here. What is the total amount, and what other
projects are being funded through it?
Mr. Plummer: I don't know if we have that now, Mr. Mayor. We can give it to
you. I can tell you that the bulk of the money...
Mayor Suarez: How much is the total now? That is an automatic allocation
based on interlocal agreement, I take it?
Mr. Plummer: About $5,000,000, but the bulk of it, as you know, is going...
Mayor Suarez: No, no, I mean for the special projects that go directly, that
are not taken up by the bureau.
Mr. Plummer: Well, this particular money came from a special grant from the
State of Florida to the TDC of $300,000. I can...
Mayor Suarez: What is that supposed to be used for, the $300,000?
Mr. Plummer: For promotion.
Mr. Odio: For promotions.
Mr. Plummer: I can tell you that a grant went to the Lipton Tennis
Tournament. I can tell you it went to the Masters Golf Tournament, to the
Budweiser Unlimited Race. A part went to the St. Patrick's Day Parade, a very
small part. I'm trying to remember from memory. No, there was more, there
was more.
Mayor Suarez: Can you get us that breakdown of the monies that came from the
State?
Mr. Plummer: Jack, I think has it. You have it, don't you? The last time I
gave you a copy of that - of the $300,000, is what he is asking. Remember
that the bulk of that goes to the TIC, with the exception of the money which
is kept for arts and cultural, which was 20 percent. Now, if you want a
complete breakdown and a true picture, you are going to have to get the monies
of the art and cultural, because 10 percent of their money does in fact, go
for festivals and activities, so you will have to get it on both sources,
Jack.
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28. EMERGENCY ORDINANCE: AMEND 1 OF 10347 - REAPPROPRIATE $75,000 (CITYWIDE
NEIGHBORHOOD PARK RENOVATIONS) TO LUMMUS PARK REDEVELOPMENT -PHASE I (SEE
LABEL 14).
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Mayor Suarez: Item 36.
Mr. De Yurre: I move 36.
Mayor Suarez: Moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Discussion? Commissioner Dawkins.
Mr. Dawkins: I have no qualms with it. The only thing is, I found out how
the system works and I will have people down here to spend the rest of that
money at the May meeting.
Mr. Odio: Commissioner, I promise you during the meeting of April, we will
have contracts of the monies for renovation of the parks.
Mr. Dawkins: Which parks?
Mr. Odio: The parks, pools, specifically.
Mr. Dawkins: If you have it in my hands before May, I will not bring anybody
down here in May. If you don't, I will line them up right out here, as far as
I can get them in here.
62 March 10, 1988
Mr. Odio: We'll have it.
Mayor Suarez: Read the ordinance.
Mrs. Kennedy: Excuse me, before we start, how soon will the bids go out?
What kind of time table are we talking about?
Mr. Colby: Within 30 days.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10347, ADOPTED NOVEMBER 19, 1957, THE CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, AS AMENDED,
REAPPROPRIATING $75,000 FROM PROJECT NO. 331303,
"CITYWIDE NEIGHBORHOOD PARK RENOVATIONS" TO PROJECT
NO. 331042, LUMMUS PARK REDEVELOPMENT -PHASE I, SUBJECT
TO APPLICABLE CITY CODE PROVISIONS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner De Yurre and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10394.
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 DURING ROLL CALL:
Mr. Plummer: Justify the emergency.
Mrs. Dougherty: This ordinance is being presented as an emergency in order to
expedite the initiation of the project design phase.
63 March 10, 1988
29. DIRECT ADMINISTRATION TO ENSURE THAT AMERICAN BASEBALL LEAGUE TEAM "THE
BALTIMORE ORIOLES" WILL STAY IN THE CITY.
------------------------------------------------------------------------------
Mr. De Yurre: Mr. Mayor, before we get to item 41, I'd like to bring up for a
moment this situation with the Baltimore Orioles, that we have been reading
about a lot in the paper lately. I've been talking with Mr. Odio and
discussing facilities that we could use, or that we could study to see if we
could use for providing the minor league facilities that they need, and if
Curtis Park was not a viable alternative, then we are looking possibly at
Grapeland Park. I know there is a big baseball program over there and this
might be able to work hand in hand with what we have over there, and maybe we
can look into that if Mr. Odio has some more input.
Mayor Suarez: Do they have the correct number of diamonds that... or at least
the ability to...
Mr. Odio: We have enough acreage and we can have enough diamonds and it is at
a good distance from the Miami Stadium, so that is what they were concerned
about. Curtis Park is just too small for what they are looking for and if you
agree, we can send that to the Orioles by Monday.
Mayor Suarez: What would be the tenor of the motion - that we consider that
and study and...?
Mr. Dawkins: The motion is to find out what it takes to keep the Orioles from
moving, and do it!
Mr. De Yurre: That's right.
Mr. Dawkins: That's what the motion is.
Mr. De Yurre: If Grapeland is the answer, let's go with Grapeland.
Mr. Dawkins: If not, find it.
Mayor Suarez: So understood. We have a motion and we have a...
Mr. Plummer: Let me...
Mayor Suarez: Yes, Commissioner.
Mr. Plummer: Let me just ask a question. I know that on Saturdays and
Sundays over there, they have tremendous amount of kids in baseball programs.
Mr. De Yurre: It is only for a number of weeks that they are down here.
Mr. Odio: Let me tell you something, Commissioners, that the people from
Grapeland, specifically, Mr. Pascual, wrote a plan to Commissioner De Yurre to
some of you, that they want to create a center for baseball at that park, and
this would give us both...
Mr. Plummer: That's fine.
Mr. Dawkins: OK, all right.
Mayor Suarez: But, that is what we want to make sure. Sometimes they request
something and then they find out it actually hurts their interest. We want to
make sure that those programs are not affected.
Mr. Dawkins: When you come back, Mr. Manager, in the event that when the
Orioles are there training, that it interferes with that other program, that
we move that program to the Miami Stadium - ain't no problem.
Mr. Plummer: Why don't they want to use the Miami Stadium?
Mr. Odio: They need, besides Miami Stadium, the Orioles need a minor league
training program. In other words, they bring two or three hundred other
players as a development phases of it and we need to provide that.
64 March 10, 1988
Mr. De Turre: Well, during the Meek, when they practice during the day on
week days, there is no baseball going on, the kids are in school.
Mr. Odio: I think that Mr. Pascual and all the other users of Grapeland will
be very grateful if we develop the park for them.
Mr. De Yurre: I'm sure they would.
Mayor Suarez: Moved and seconded. Call the roll. Commissioner Dawkins, you
have any...
Mr. Dawkins: Go ahead.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-225
A MOTION OF THE CITY COMMISSION INSTRUCTING THE
ADMINISTRATION TO TAKE ALL NECESSARY STEPS IN ORDER TO
ENSURE THAT THE AMERICAN LEAGUE BASEBALL TEAM,
BALTIMORE ORIOLES, WILL STAY IN THIS CITY; FURTHER
DIRECTING THE CITY MANAGER TO ALSO FIND APPROPRIATE
MINOR LEAGUE TRAINING FACILITIES AT ONE OF OUR CITY
PARKS, AS REQUESTED BY THE TEAM.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
30. (A) DISCUSS MIAMI DESIGN DISTRICT ASSOCIATION PRODUCTION OF "SECOND
ANNUAL DESIGNERS SHOWCASE "88". (B) EXPRESS CITY COMMISSION'S DESIRE TO
ESTABLISH ADDITIONAL $1,000,000 FUND TO POLICE DEPARTMENT'S BUDGET AND
DISCUSS POLICE DEPARTMENT PROBLEMS WITH SUSPENDED OFFICERS. REQUEST
ADMINISTRATION TO APPROVE PROPOSED PROGRAM FOR FURTHER DISCUSSION.
Mayor Suarez: OK, before we take item 41, Charles, what is the other matter
that you had pending before us, as long as you are here? It is not money, I
am sure that you are seeking, no...
Mr. Charles Lallouz: Mr. Mayor, last year the City gave us $184,000 for the
year 1987, and we are requesting the City to help us this year again with
$200,000. Oh, yes, we need over $500,000 this year to do what we are supposed
to do.
Mr. Odio: We just don't have that kind of money, Yr. Mayor. I have to
recommend strongly against this. $200,000 for more promotions...
Mr. Lallouz: It is not promotions. As you know, in the past, we had three...
Mr. Dawkins: You know... hold it one minute. You know, I could understand
this if we had a problem. Now, listen closely. How much money do you spend on
security a year, yourself?
Mr. Lallouz: $250,000.
65 March 10, 1988
Mr. Dawkins: OK, if we provided the security that they needed, he'd have
$250,000 to spend on this.
Mr. Odio: But we are providing...
Mr. Dawkins: No, even with what we provide, and what they provide, you still
have purses snatched, and people knocked down and strong arm robberies, but we
just don't have...
Mr. Lallouz: Mr. Dawkins...
Mr. Dawkins: We don't have the manpower, Mr. Manager, to put over there. You
are doing very well with what you have, so now don't misunderstand what I am
saying. With what you have to work with, you are doing the best, and with
what they can purchase, they are doing the best, but we just need more!
Mr. Odio: I tell you what, I'd rather take the $200,000 and hire four police
officers, and keep the police officers. At least we can use it for something
else too.
Mr. Plummer: You know, let me just express an opinion. The design district
to this community is very, very important, but when you take tax dollars to
subsidize a given industry, you know, I wonder how this Commission will react,
because also a very important industry is the garment district. Now, is this
Commission going to be standing ready to implement each one of these so-called
districts? - and where in the hell is the money going to come from? That's
really the bottom line. The garment district has every right to come up before
this Commission as the design district because they are important. Yet, they
have not come up of recent, they did about four or five years ago. Now, you
know, there has got to be somewhere where you draw the line, because, in fact,
the cupboard will be bare, and I don't know where that line is. I think my
support of the design district in the past is as much as what I felt that I
could do, and I want to do in the future, but when we are talking about tax
dollars, we are talking about dollars that we got from the entire community,
and they are just as much entitled to those dollars as anybody else, and I am
just wondering, where are we going to draw the line? I don't want to lose...
Mayor Suarez: Where did the money come from last year? Wasn't it CD monies?
Mr. Plummer: I think it was Economic Development.
Mayor Suarez: Matthew?
Mr. Schwartz: It came from the Off -Street Parking Authority.
Mr. Plummer: Off -Street Parking?
Mr. Schwartz: $500,000 from the Off -Street Parking Authority.
Mr. Plummer: Yes, but see, Matthew, that's fine, to say that it came from
there. But you know, you also have other districts, unclassified districts,
but know as, that are other districts, that are very important industries to
this community, and you just cannot be subsidizing each and every one of them.
Mr. Lallouz: Mr. Plummer, I know you were really very behind the district,
and we appreciate it and you were talking about the clothing district. When I
came to Miami, the first thing I did was to look at the clothing district, and
the first time I met Matthew Schwartz, ten years ago. If the City was behind
that district ten years ago, you would have unbelievable industry here in
Miami. The fashion district is non-existent. What I am saying, Mr. Plummer,
the design district are passing through a tremendous crisis. We have to
realize if the City cannot, or will not support it, it is really a death
sentence this year for the district. Believe me when I say that) I am not
exaggerating. We had three police cars patrolling the district before. Then
they stopped it to two, then to one, now we have none. To bring people... I'm
sorry?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Lallouz: We have none.
66 March 10, 1988
Mr. Plummer: The City is just subsidizing everybody else and we don't have
the money.
Mayor Suarez: Well, I was not up to now aware of the fact that the monies
last year came from the Off -Street Parking Authority, I mean, I just didn't
realize that. There is no money in that surplus this year. Unless the
Manager has some particular place where he thinks some of the money can be
found, the best thing we can do today is to have you... to instruct the
Manager to meet with you and see what can what we can come up with, but there
is no ready money of this magnitude at all, Charles.
Mr. Lallouz: Mr. Mayor, the $200,000 special tax district was contingency -
this what we promised, and personally, I did promise to everybody, was
contingency, that the City would match that money.
Mayor Suarez: That we'd match it with some... well...
Mr. Lallouz: Absolutely.
Mr. Odio: Where is the Beacon Council on all of this?
Mrs. Kennedy: Mr. Manager, have you met with them already?
Mr. Odio: No. The Beacon Council is supposed to be here. They are receiving
tax monies to promote economic development in this area, and why can't they
come up with $200,000, which, in the budget that they have...
Mayor Suarez: We are going to have to exhaust every possible place other than
the general fund, before we make our final determination on this, Charles...
Mr. Odio: We have two beats in the area....
Mayor Suarez: ... every possible place, Beacon Council...
Mr. Odio: ... on the shifting of the shifts. They go down to one and it goes
back up to two. They have not changed.
Mr. Lallouz: Mr. Manager, you know the Beacon Council spends millions of
dollars going out of Miami...
Mr. Odio: That's what I don't understand!
Mr. Lallouz:... to try to bring people...
Mr. Odio: They go to New York and promote...
Mrs. Kennedy: Why don't they invest it in our City?
Mr. Lallouz: They go to Chicago, everywhere!
Mr. Odio: Well, why don't they try to promote you? I'll tell you what. I'll
set up a meeting between you and Tom Ferguson and myself.
Mr. Lallouz: It's a waste of time!
Mr. Odio: No, it won't be.
Mr. Lallouz: Believe me, it is, you know... and today...
Mayor Suarez: But, this Commission would like to try that before we make what
In going to be a very tough decision, because we don't have that money handy.
I didn't realize that was from that fund, last year.
Mr. Lallouz: The problem is, next week, if we don't have the security on the
street, it is you know, it is like I said, a death sentence. It is...
Mr. Plummer: Well, look, that I think we can address, OK? I think we can
address the problem of security. Mr. Manager... hello? Mr. Manager, I think
that you need to address the security. If they had four before... OK, if they
had three before, what is the justification of not having three now?
Mr. Odio: I'll have to check it out, because...
67 March 10, 1988
Mr. Plummer: Fine. I would ask the Manager to put three back there until such
time as you have your justification and come back before this Commission.
Mr. Odio: Well, I think to start the special patrolling again, it is going to
defeat what we are trying to do in the Police Department.
Mr. Plummer: It says special patrolling.
Mr. Odio: That's what I am calling it.
Mr. Plummer: Three cars in the district.
Mr. Odio: Well, I don't think that we should do that. I think that we have to
leave it to the police officers that are in charge, Commissioner, of
patrolling to decide how they should patrol it, J.L. Why should they... what
difference does three or four cars make?
Mayor Suarez: What about the motorcycle police?
Mr. Lallouz: Mr. Manager... Mr. Manager.
Mayor Suarez: Wait, wait. I've been waiting for many, many months to get
some sort of an answer as to why we can't get our motorcycle police officers
to do some patrolling, to do something other than give traffic tickets and
direct traffic and take dignitaries around.
Mr. Odio: Well, they do. They are doing that, in fact they...
Mayor Suarez: I've never seen them do it.
Mr. Odio: Well, they are doing that.
Mayor Suarez: Why couldn't we assign three motorcycle police officers to
patrol the design district? Never see them patrolling.
Mr. Odio: They are doing that. I don't say they are doing it in the design
district, but they are doing patrol, right now they are doing patrol.
Mrs. Kennedy: But, what is the justification of them doing it before and not
now?
Mr. Plummer: Less.
Mr. Odio: What do you mean? - about two cars or three cars? I don't think
the answer is to have cars parked over there behind a building. I think
that...
Mr. Plummer: How about taking 16 of them out of boats and put them on land?
Mayor Suarez: How about the mounted police that we have?
Mr. Lallouz: Mr. Mayor...
Mayor Suarez: Wait, wait... how about the mounted police that we have?
Mr. Odio: I think the concept of every time somebody comes here and...
Mayor Suarez: I have a question, Mr. Manager. What about the mounted police
that we had over there? Are they still over there? Last time I checked on
mounted policemen in the Grove, there was nobody around.
Mr. Joseph Longueira: Mr. Mayor, we have two SPU beats. I am not sure if
any of them are mounted or not.
Mayor Suarez: Don't give me technical stuff. What are you talking about?
Mr. Longueira: Well, the SPU beats are the ones that patrol the business
districts, mainly - the ones you see in the Grove, downtown, in the design
district. I can check to find out if one of the two that are there are
mounted units. On top of that, we have the regular patrol officers that also
go through that area.
68 March 10, 1988
Mayor Suarez: The answer is, you don't know if we have mounted police over
there. Maybe the Chief knows.
Chief Dickson: Yes, sir, we do. We have mounted police over there. We do
not... we have not pulled all the cars out of there. There is one car on a
daily basis that is assigned to stay there that...
Mayor Suarez: How about some motorcycle police officers?
Chief Dickson: ... the regular patrol, to supplement the one car, we rotate
ten motorman for a thirty day period, out of motors into patrols and they
rotate in and out and I have...
Mayor Suarez: Ten out of how many, Chief?
Chief Dickson: Twenty-nine. We have to maintain...
Mayor Suarez: Do they ever say hello to anybody? Do they drive around like
they don't want to talk to the world?
Chief Dickson: Not We have to maintain a motor squad.
Mayor Suarez: I'm sorry?
Chief Dickson: We have to maintain a motor squad, but not at the strength
that we have had before. We take ten out of motors and rotate them on a
monthly basis, and we also have a permanent car assigned to the design
district.
Mayor Suarez: When you say "rotated", you mean what, Chief? What do you mean
by "rotated"?
Chief Dickson: I mean, they are taken out of motors and put into a patrol car
and do patrol work, OK? - so they can answer calls, have a...
Mayor Suarez: Why not a motorcycle? Motorcycles seem to be the ideal for a
place like...
Chief Dickson: Well, it may be, but for a police officer...
Mayor Suarez: Do you have some kind of philosophical problem with using the
motorcycles to patrol an area?
Chief Dickson: No - yes, sir, there is. If they are going to do patrol work,
we take them off the motors and put them in a car, mostly, because they need
the cage - they need the cage. If they are assigned to a two -man unit, then
two people should be in a car.
Mayor Suarez: Chief, I've seen your fine detectives...
Chief Dickson: If there is an arrest...
Mayor Suarez: ... arrest somebody and get a regular unit with a cage over
there in no time through your fine communications systems, and I don't see why
a motorcycle police officer can't do that.
Chief Dickson: Yes, but Mr. Mayor, they do! They do respond to calls for
service. If there are no cars in service, a motor is called and responds to
the call.
Mayor Suarez: That's different. Everybody in the City should be respond to
calls for service. Every police officer, ranking police officers, yourself,
we. But, that is different from patrolling, Chief. Why can't there be...
Chief Dickson: I'm trying to say, Mr. Mayor, that motors in fact, do patrol
work. They are used...
Mayor Suarez: You said there were ten rotating, but rotating, what does that
mean? Where are they located? What beats do they have?
69 March 10, 1988
Chief Dickson: That means that ten motormen on a monthly basis are pulled off
the motorcycles...
Mayor Suarez: They are put on regular cars.
Chief Dickson: ... and put in regular cars to add ten police cars that would
not be there, working in patrols.
Mr. Dawkins: You see, what the Chief isn't telling you, and what we know, we
got one hell of a shortage in the Police Department, because we have "x"
number of police who are suspended. We got "x" number out sick, you got "x"
number who go on vacation, OK? So what he is telling you is, in order to
provide service to this City and make it safe, he pulls ten men off
motorcycles and puts them in cars. Now, he can't... if you want him to make
another decision as the Chief, and put all the motors in cars, tell him, you
know, and we'll do that, but...
Mr. Plummer: Chief, let me ask you a question. Of the ten motors that you
pulled, how many of them went to individual patrol cars?
Chief Dickson: All ten, I do believe. I said, I do believe.
Mr. Plummer: OK. I asked you...
Chief Dickson: Do you know different, Mr. Plummer?
Mr. Plummer: I asked you to look into it, all right? They are basically now
riding double units.
Mr. Odio: In fact, we have a...
Chief Dickson: OK, now...
Mr. Plummer: You've taken the ten motors...
Chief Dickson: ... what we do have some zones that require two- men cars. If
they are assigned to the two -men cars zones, then there would be two men in a
car. There are some zones that are one man zones and for officer safety
purposes, we have designated one-man and two -men zones.
Mr. Dawkins: Mr. Manager, I am going to send you a memo at the April meeting,
unless it is confidential, I want you to explain to me the deployment of
policemen on shift "A", shift "B", and shift "C". How many men you are short?
When you are short, where you pull them from? How many people this leaves you
short in Little Havana? How many people this leaves you short in Overtown?
How many people when you shifted around it leaves us short in Liberty City?
And how many in Coconut Grove, and the other areas? I'll get you a memo
and...
Mr. Odio: We can give you an answer very quickly.
Mr. Dawkins: No, I'm going to put it in memo form, and you give it to me back
in writing, OK? All right.
Mr. Plummer: Let me ask a question before the Chief leaves. We've all heard
many different numbers about how many policemen have been suspended for
whatever reason. Chief, as right now, how many men are you short for active
duty?
Chief Dickson: There are 1,032 people, I do believe, on the roster now, with
about 70 people who have been fired or terminated.
Mr. Plummer: Right, the question has to be, Chief, what we are doing? We
have, what I consider to be an emergency situation. If I use your numbers,
which may be in the ballpark of ten percent of our force is not working as a
policeman.
Mayor Suarez: Yes, because what happened is, you just gave us fired or
terminated, but you didn't give us the number of suspended, which is like 70,
I would say.
Mr. Plummer: Well, he said 70.
70 March 10, 1988
Mr. Dawkins: 70, he said he is short about 70.
Mr. Plummer: All right, the bottom line that I'm trying to get to, Mr.
Manager, what are we doing - do we have even a class in?
Mr. Odio: We have 20 that would...
Chief Dickson: Yes, we do have a class in right now.
Mr. Odio: And we have another 20 coming in in June.
Mr. Plummer: OK, so you got 20 in the Academy. We are 70 short. What are we
doing to overcome that disaster?
Mr. Odio: We are coming in with another 20 in June, and what we don't want
to do, is make the mistake of the '80's, early 1801s, to go out and hire 100
people and then have problems. We are trying to make sure we get 20...
Mr. Dawkins: You know, I resent thatl
Mr. Odio: No, I mean...
Mr. Dawkins: No, hold it, hold itl You know, everybody says the reason we
got a hell of a problem in the Police Department is that in the '80's we
dropped the damn standards and we recruited and we got people who were not
suited to be policemen and therefore we got a problem. What about the damn
guys who were recruited in 1980 who are doing good and didn't get in no
trouble?
Mr. Odio: That's right.
Mr. Dawkins: All right then, so get off of that! Don't come and... get away
from thatl
Mr. Plummer: Well, the problem that I have is, we have an academy with 20 in
it, and yet, we have overnight, almost, overnight, lost 70. I am concerned
about that. I am very concerned about that. Is the department, for example,
just let me ask this question. Is the department considering hiring same
civilians to release policemen? I think it is not something we can address
with an Academy of 20. We didn't lose 20, we lost 70, we lost 80, and I don't
see the need being generated to get those men back up to the numbers. Sure,
anybody answer, because the public is asking me.
Mr. Odio: Well, to start with, the way I see it, the number of bodies doesn't
answer the question. Efficiency in the way the operations are handled, does
satisfy the problem. Throwing numbers at it will not resolve the problem.
Mr. Plummer: Mr. Manager, this Commission is on record, that before the end
of this fiscal year, that department, with the cooperation of the Chief, and
in assurance to the Chief in budget time, that number would be 1,100 active
policemen. We made that commitment in the budget. You cannot overnight lose
70 and address the problem and address the solutions in classes of 20.
Mr. Odio: The only problem, Commissioner, is that the 70 are in the payroll.
Mr. Plummer: Are in the what?
Mr. Odio: In the payroll.
Mr. Plummer: I understand that.
Mr. Odio: And unless you are willing to add another $2,500,000 to the
department's budget right now, I'll go out and hire 200 people.
Mr. Plummer: Mr. Manager, for one, on this Commission, if I have got to find
$2,000,000 to do what is necessary, then let's start looking. This community
is entitled to good response and the protection of our department. The
community had nothing to do with the 70 that we're losing, or whatever reason
are not working, that are still on payroll, but that is 70 men that are not
answering calls. Now, we have got to do something as a Commission to address
that problem, and if it is money, and that is the answer, then let's start
71 March 10, 1988
looking. Something has got to give, but let me tell you something - in this
community, they •ant the people, as well as they want Fire, and they ♦ant
Sanitation. Let me tell you that this Commission has got to start doing some
innovative thinking and how we are going to get that money to address a real
problem.
Mr. Dawkins: Mr. Manager, I mean, I don't know, I'm asking as a question, is
there any reason - I mean, after we find the money, as J.L. said - is there
any reason why retired policemen could not be brought in and placed at a desk,
once a week, or twice a week, to relieve somebody? I don't know, I mean, talk
about being new and innovative, I don't know.
Mr. Odio: If I... I'd like the Chief to answer the...
Mr. Dawkins: I mean, if you and the Chief could work that out, I don't know.
Mr. Odio: We have been having task force meetings in the police for hours and
hours and hours, and the Chief has assured me that in spite of the shortage,
that the Police Department is doing very well in patrolling and I wanted to
say it on the record.
Mr. Dawkins: Well, the Chief is telling he is doing the best with the damn
resources that he has, that's what the Chief is telling you.
Mr. Plummer: That's exactly what he's saying.
Mr. Dawkins: That's all he was saying. And as the Chief of Police, that is
all he can tell you. I mean, you can't make chicken salad unless you start
with chicken! Hold on, I agree with J.L., OK? Let's, at the next meeting,
you and the Chief come back and tell us what it costs to replace the 70
policemen who we have on suspension who are drawing a check, that we cannot
hire anybody to replace, because they are legally employed, and the methods we
are do it, whether they are going to use retired policemen, whether you are
going to get more public service aides, or Army retired MP's, or whatever, at
the next meeting, come back and tell us what you need, how much money you
need.
Mr. Odio: Commissioner, even if we went and got the money right now and gave
him a check for it, it would take 18 months to put 70 more police officers on
force.
Mr. Dawkins: Oh, no, no!
Mr. Odio: That's what they tell me.
Mr. Dawkins: Well, yes, it would take...
Mr. Plummer: That's not what we were saying. Excuse me, Miller. We are
saying that there is the possibility that you could use a cadre of people who
are already certified, that, in the retirees, OK? There is a possibility that
you could use civilians to free up policemen and put them back out on the
street, OK? Let's go one step further, all right? - and this is not anything
definite, but a request of the Manager. Mr. Manager, this Commission is
desirous of creating a fund of an additional $1,000,000 for the Police
Department to address the problems that they are currently undertaking.
Mr. Odio: Could you tell me where to find the money?
Mr. Plummer: No, you are going to tell me. That's what I pay you for.
Mr. Odio: I can tell you right now, Commissioner, I don't have it.
Mr. Plummer: Mr. Manager, you are going to tell me what has got to be given
up to create that fund. We'll either agree, or disagree, OK?
Mr. Odio: I will tell you.
Mrs. Kennedy: Right.
Mr. Plummer: And along side of that, Mr. Manager, I would like to have the
Chief come back at that same meeting and tell me that if he had an additional
$1,000,000, how it would be spent, because that is going to be important. I
don't just want to create $1,000,000 to throw at a department.
72 March 10, 1988
Mr. Dawkins: And I don't went the Chief to sit down and come up with a plan
if we ain't got no money.
Mr. Plummer: So, I would ask that in the form of a motion.
Mrs. Kennedy: I second. Come back with a proposal, Cesar, because it is true
that the Chief is doing the best that he can...
Mr. Plummer: With what he has.
Mrs. Kennedy: ... with what he has, right, but if we didn't have the problem,
we wouldn't be here talking about the design district and Little Havana and
Overtown and all the other areas. There is a problem on the street.
Mr. De Yurre: Cesar, these suspended officers, are they on the payroll ad
infinitum?
Mr. Plummer: Until adjudicated.
Mr. Odio: No, no, until they are adjudicated.
Mr. De Yurre: What is the procedure on that?
Mayor Suarez: Wait, waitt What do you mean, until they are adjudicated? What
are we talking about here?
Mr. Plummer: Through the fourteen processes.
Mayor Suarez: We have administrative suspensions of approximately 70 officers
and you are talking about adjudication of something that is not even pending
before the courts. What are we talking about here? We want intelligent
answers to a very difficult answers to a very difficult question. We don't
want nonsense.
Mr. Odio: I want to explain it. The ones that went through that...
Chief Dickson: No, the figure 70, represents people who are no longer with
us, who are no longer on the payroll, as well as some who are, OK?
Mayor Suarez: How many are suspended with pay right now, Chief?
Chief Dickson: We have about 29 people, I believe, now. What I am saying is,
we've gotten rid of a total of 72 people.
Mayor Suarez: OK, you have 29 - the ones we are concerned about, Chief, for
those that are doing nothing and that are home, and they are suspended with
pay, and this Commission is concerned, expressed by everybody here, as to how
long that is going to be going on for. Is it ad infinitum, and if not, when
are we going to take administrative action to put them back on the payroll and
have them working in the streets, if that is what we should be doing, or fire
them, if we should be firing them, or whatever. Madam City Attorney. Please
don't tell me, "Until they are adjudicated," because they are not before the
courts right now.
Mrs. Dougherty: No, there are two reasons, basically, for these 29 people
being still on the payroll. Number one is the Federal government is... or the
State Attorney's office has not told us what precisely are the activities that
these people have been engaged in, other than they are involved in criminal
activities involving dope. That's number one.
Mayor Suarez: If that's all we know, I for one, would suggest they be put
back to work right now until the State Attorney, or U.S. Attorney tell us what
it is that they have got.
Chief Dickson: I wouldn't advise that, Mr. Mayor. I can't do that.
Mr. Plummer: No, sir, I can't agree with that.
Mrs. Dougherty: That's number one.
Mr. Plummer: No sir!
73 March 10, 1988
Mrs. Dougherty: The second reason is...
Mr. Plummer: Even though... excuse me! Let's make the record very clear -
alleged, OK? But, if their finger has been pointed at these men, under no
circumstances do I want them back out on the street.
Mrs. Dougherty: That is the policy of the Police Department, as well. The
second reason, and this is probably the most prevalent from what I understand
is, that the Federal government has said: "This is what is wrong with these
officers, but we do not want you to go forward with any administrative
charges, because that would require cross examination of our witnesses and
that would jeopardize an ongoing more important investigation of which this
officer is a small part." And fcr that reason, the Police Department is also
taken them off duty, because they don't believe that they ought to be having
officers who are involved in criminal conduct representing the City...
allegedly involved.
Mayor Suarez: OK, now, without necessarily putting into the record what it is
that is being said about these 29, even in generically, clarify for me... you
seem to say at one point that all we have been told is that the finger was
pointed at them. Absolutely nothing else? - I mean, the...
Mrs. Dougherty: No, many cases are, much more is known about them - much,
much more, but because the government...
Mayor Suarez: My understanding is that the indication as to most of these 29
is that there would be no prosecution and that was the indication we had
received, at least, that as to the ones the U.S. Attorney has been looking at.
If that is the case, and if they are saying at some point, we do not intend,
at this point, because we don't have any evidence to prosecute, and we give
you certain information that we've got, with which you can act, then we have
to act administratively, and leaving them on suspension with pay is not
acting.
Mrs. Dougherty: I agree totally, absolutely. That's correct. I don't know
that any cases exact, but that's...
Mayor Suarez: We finished our administrative investigation, and we act. We
terminate them, if we don't think they are fit to be police officers and if we
cause to do it, or we put them back to work.
Mrs. Dougherty: I don't know if there are any in that situation.
Chief Dickson: I would like to say that is exactly what we are doing, Mr.
Mayor. We are doing exactly that.
Mayor Suarez: The question then, Chief, is, and generically, I understand the
29 are not all exactly the same, and that's the Commissioner's question. When
are we going to know what we are going to do with these 29?
Chief Dickson: That's what everyone...
Mayor Suarez: The public wants to know. We have another request...
Chief Dickson: Yes, sir, the public has been asking that question, along with
several other people who have interest, and that is a question that the Police
Department just cannot say, or put a date on when the investigations will be
completed on these people. There is no way to say that.
Mayor Suarez: You are talking about our own investigation?
Chief Dickson: Yes, air, our own investigation. You have to do an
investigation and...
Mayor Suarez: That's not a good enough answer for me. I want to know when we
are going to finish it.
Chief Dickson: Well, that is the only one that can be given. We can't put a
data on the conclusion of an investigation. If we knew, if we had it down,
you know, that pat, then there would hardly be any need for an investigation.
The fact is, that an investigation requires...
74 March 10, 1988
Mayor Suarez: There is an end to everything in life.
Chief Dickson: Yes, requires time to complete, and no one can look into a
crystal ball and soy: "We are going to wrap this case up in 30 days, or 15
days."
Mayor Suarez: That's why the law has many statutes of limitations, because
people, and the public and people in the State of Florida, and the people in
the City of Miami want to know, at what point we had finished investigations
and we have cleared people, administratively, if indeed they have been cleared
by the U.S. Attorney and the State Attorney's office.
Chief Dickson: We will never be able to tell the community, or anyone that we
will complete this investigation in three weeks, or 14 days, or 30 days. It's
impossible to do.
Mayor Suarez: That's not a good enough answer for me, Chief. But, we can, in
the meantime, unless we've got something pending on a particular office, have
him suspended with pay, indefinitely.
Chief Dickson: Well, the fact...
Mayor Suarez: It cannot be indefinite, that is all I am saying.
Chief Dickson: Yes, but the fact of a police officer being suspended with
pay, is not the fault of the Police Department. That's a mandate.
Mayor Suarez: That's our determination.
Chief Dickson: Yes.
Mayor Suarez: And I've spoken to the U.S. Attorney about this and to the
State Attorney about this. That's our determination, maybe based on
information.
Chief Dickson: Not the Police Department, Mr. Mayor!
Mayor Suarez: Maybe based on information that they've given us, but it is our
determination.
Chief Dickson: But, not the Police Department, we have nothing to do with
suspension and staying on the payroll.
Mayor Suarez: I am not saying it is the Police Department. You just happen to
be at the mike and to the extent that you are able to answer the questions,
fine, and if it is the City Attorney, the City Manager, or if it is employee
relations, whoever, answer our questions as to when we are going to be able to
determine on the majority of those officers, that is the Commission's request.
I am just following up on it.
Mr. De Yurre: What I'd like to know is when are the 29 that we are talking
about, who has been there the longest, suspended, dating back to when? How
far back are we going?
Chief Dickson: I can't answer that question right now.
Mayor Suarez: Dick, do you know?
Chief Dickson: Not many have been on suspension for a long time. We don't
have any people that have been on suspension for a year, and that sort of
thing, to my knowledge. It is not a long, drawn out, extended suspension. We
need those people, the innocent people, back on the street, you know, as
quickly as possible.
Mayor Suarez: Dick, do you have any idea, on some of them, how long they have
been suspended for?
Mr. Dick Kenney: The majority of them have been since October of 1986.
Mayor Suarez: October of 186?
75 March 10, 1988
0
Mr. Kenney: Yes.
Mrs. Dougherty: Just for the record, this is not a suspension in the legal
sense. This is merely a relief of duty with pay.
Mr. Kenney: Of '87.
Mayor Suarez: Relief of duty with pay? - and that's not a suspension? OK,
whatever you call it.
Chief Dickson: That's not a suspension, no.
Mr. Kenney: Mayor, for the record, my name is Dick Kenney, I am president of
the FOP, Miami. I made a mistake - October of '87.
Mayor Suarez: That's different.
Mr. De Yurre: So we are talking about over four, five months - four months.
Mayor Suarez: The people of Miami, as far as we can tell, they have another
request from another community group, the Greater Miami Biscayne Association.
Others that have complained are asking when we are going to put these people,
either we are going to fire or terminate them, if they are not worthy
officers, we are going to put them back on the force to work, and I am going
to want an answer on the majority of these at some point, for myself, and I
want that determination to be made by the City, not by the U.S. Attorney. The
U.S. Attorney can give us whatever information he's got, and we'll have to
deal with that, and it is our responsibility. The media wants us to answer,
the people of Miami wants us to answer, and they are entitled to an answer and
those officers are entitled to an answer, too, by the way. We haven't been
considering them particularly much, because there are innocent ones in that
group, and so, at some point, Chief, and 1 don't know when my patience is
going to run out. I hear others patience is beginning to run out, but I tell
you mine is beginning to run out, as to those 29.
Chief Dickson: Yes, sir, Mr. Mayor, but I have to tell you right now, that I
cannot come back with a report saying when those investigations are going to
be completed. I will not promise that I can do that, because I can't. No one
knows when an investigation is going to be completed.
Mayor Suarez: There might be some, Chief, whose investigation take forever.
Chief Dickson: Now, what we can tell you...
Mayor Suarez: In a sense, in a general sense, investigations go on all the
time, they never are going to end.
Chief Dickson: What we can say is when the investigation... where the
investigations are in the process at this time, and how long will it take to
contact certain witnesses that would have to be contacted for an instance.
Those things, steps in the processes can be stated, but when will the
investigation be completed, that's a question that just can't be answered. It
is not ready for a public forum, Mr. Mayor. We can't...
Mayor Suarez: I think it is.
Mr. De Yurre: I'd just like to have status reports, you know, at the next
meeting, of where we are at. "It is 29, we are down to 27, now we are up to
33." - Just to have an idea of what is happening.
Chief Dickson: The number 29, I wouldn't really place all the emphasis on it.
That's just a ballpark figure.
Mayor Suarez: That's why he is saying that he would like to have a status
report on what the number is. Anything further?
Mrs. Kennedy: And while we are at it, let me just say, Chief, and now that
you are here, that the rotten apples in the Police Department get in the
newspapers every day, but the people out there should know that we have an
excellent police department that is doing its job.
Chief Dickson: Thank you very touch, Commissioner Kennedy.
76 March 10, 1986
0
Mayor Suarez: We'll be back at 2:30 P.M. This Commission will reconvene at
2:30 P.M., and Charles, we took no action on you, I guess that is another way
of saying, meet with staff and see what funds can identified - rather than
taking a vote.
Its. Mirai: Mr. Mayor, we need to call the roll on the motion.
Mayor Suarez: There was no motion, I don't think.
Ms. Hirai: On the motion made by Commissioner Plummer and seconded by
Commissioner Kennedy, about the $1,000,000.
Mayor Suarez: Tea, we will take a roll call on the motion for the $1,000,000.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-226
A MOTION DECLARING THAT THE CITY COMMISSION IS
DESIROUS OF ESTABLISHING AN ADDITIONAL $1,000,000 FUND
TO THE POLICE DEPARTMENT'S BUDGET TO FURTHER ASSIST
THEM TO ADDRESS PROBLEMS PRESENTLY FACED BY THE
DEPARTMENT; FURTHER DIRECTING THE CITY MANAGER AND THE
CHIEF OF POLICE TO COME BACK BEFORE THE CITY
COMMISSION TO ADDRESS DIFFERENT ASPECTS OF THIS ISSUE,
(e.g. IDENTIFY FUNDING SOURCE, WHAT MUST THE CITY GIVE
UP IN ORDER TO CREATE SAID FUND), AND FURTHER
DIRECTING THE ADMINISTRATION TO PRESENT A PROGRAM AS
TO HOW THE CHIEF OF POLICE PROPOSES TO SPEND SAID
MONIES IF THEY WERE TO BE ALLOCATED.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following votes
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THEREUPON THE CITY COMMISSION WENT INTO A LUNCHEON
RECESS AT 12:05 P.M. AND RECONVENED AT 2:33 P.M., WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
77 March 10, 1988
----------------------------------------------------------- - - --- ---------
3:. ::W SENT,:TIONS, PROCLAMATIONS AND SPECIAL ITEMS.
1. Pictures taken with Commander Mader, USN, commanding officer of nuclear
submarine USS MIAMI.
2. Celebration of Commissioner Dawkins birthday - proclamation and cake.
---------------------------------------------------------- ------- -------------
32. (A) BRIEF DISCUSSION OF PROPOSED AMENDMENT TO CHANGE ZONING AND PLANNING
FEE SCHEDULE, TURNING SAID PROPOSED SECOND READING ORDINANCE INTO AN
EMERGENCY MEASURE. (B) COMPANION ITEMS (AGENDA 42 AND 43) ALSO
TEMPORARILY DEFERRED TO THE AFTERNOON (SEE LABELS 37, 38 6 39).
Mayor Suarez: Item 41.
Mr. Rodriguez: Item 41 is an emergency ordinance to increase the fees for
building and zoning and planning items. It was moved before and it's in the
first...
Mr. Plummer: I move 41.
Mrs. Kennedy: I second it.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
Mr. Plummer: Hello? "Amending the code of the City of Miami as amended by
amending Section 6261, entitled Schedule of Fees of Chapter 62, entitled
Zoning and Planning by changing the zoning and planning fee schedule,
containing a repealer provision and a severability clause."
Mrs. Kennedy: You don't do it as fast as Lucia!
Mr. Odio: Read it again, Commissioner. In an emergency it is two readings.
Mr. Plummer: What do you mean, two? (COMMISSIONER PLUMMER READS HEREINABOVE
CITED ORDINANCE AGAIN.)
Mrs. Dougherty: What's the emergency?
Mr. Odio: Emergencies because they are fees.
Mr. Plummer: There is none. Call the roll, 41.
Mayor Suarez: 41.
Mr. Plummer: Just for the record, 37, 38, 39 and 40 were withdrawn.
Mayor Suarez: All withdrawn. Call the roll on 41.
(AT THIS POINT CITY CLERK BEGINS ROLL CALL.)
Mr. Dawkins: When are you going to bring one of them up as an emergency?
Mrs. Dougherty: That was an emergency.
Mr. Plummer: That's it, we did 41.
Mr. Odio: I would like... wait, let me ask the Commission.
Mayor Suarez: Do you want to hold the vote on that item? Call the roll.
Mr. Odio: The one, Miller, I told you was the storm sewer. I don't believe I
have four votes.
Mr. Dawkins: Try it, what the hell, you didn't think you had five here.
78 March 10, 1988
Mr. Odio: I'll try it.
Mr. Dawkins: Try it, so what.
Mrs. Dougherty: Mr. Commissioner, do you mind if I read a new 417 You read
the one in the package instead of the one...
Mr. Plummer: I read the one that's on the agenda, which is the only one
legally before us.
Mayor Suarez: Read the ordinance, Madam City Attorney, please, so we can get
on.
Mrs. Dougherty: The other one that is legally before you is the "emergency
ordinance amending the Code of the City of Miami, Florida, as amended, by
amending Section 62-61, entitled Schedule of Fees, of Chapter 62, entitled
Zoning and Planning by changing the fee schedule for the filing of
applications to charge... change zoning district classifications to modify the
regulations affecting the use of any property, amending the City's
comprehensive development plan, to secure any special permit required in the
City's toning ordinance, containing a repealer provision and a severability
clause."
Mr. Plummer: That is not what is before us, Madam City Attorney. What is
before...
Mayor Suarez: You mean, that is not exactly paraphrasing this package, but
that is OK, that's...
Mr. Plummer: That is not what is advertised to the public.
Mayor Suarez: What's the difference?
Mr, Clark: That's why it's an emergency, J.L.
Mrs. Dougherty: This is an emergency ordinance, Commissioner.
Mr. Plummer: I haven't seen it, I'm sorry. When was this document handed
me? - for the record.
Mrs. Dougherty: This morning.
Mr. Plummer: This morning. I haven't read it. I don't know what it is.
Mayor Suarez: What, if anything, is the difference between one and the other?
Mr. Plummer: I am... wait a minute, excuse me. Mr. Mayor, look, let's have
an understanding. I've said before, I'm going to say again. Administration,
City Attorney, you cannot stick these papers, seven and eight pages long, in
front of me at a City Commission meeting and expect me to understand what's
contained herein. I'm not going to do it. Nov, you want to stop this meeting
for five minutes, you think it is that important, I'll read it and I'll vote.
Mr. Dawkins: You can read eight pages in five minutes?
Mr. Plummer: You bet your bippy I can!
Mr. Dawkins: OK, no problem.
Mayor Suarez: If there is an substantive difference, we will table the
matter...
Mrs. Dougherty: There is no substantive difference. The title is changed.
There is no substantive...
Mr. Dawkins: But, it doesn't make any difference whether it is a difference
or not. The Commissioner said he will not vote on it unless you give him five
minutes. So now, either you want to give him five minutes, or we don't want
to and let's move on.
Mr. Plummer: I invoke the rule.
79 March 10, 1988
Mr. Dawkins: Oh Lord! That's the end of that, OK.
Mayor Suarez: Item 42.
Mr. Plummer: We get a break in the afternoon, I'll read it, I'm sorry. It is
very important, I realize that.
Mrs. Kennedy: 42 is second reading?
Mr. Rodriguez: 41, 42 and 43 are the same type.
Mayor Suarez: Item 44 then, is the next one.
Mr. Plummer: 42 is withdrawn?
Mayor Suarez: They are all related items.
Mr. Rodriguez: No, 41, 42 and 43 are all emergency ordinances, and they
relate the there together.
Mr. Plummer: All three are together. Are all three documented in this
document that I had thrown at me this morning?
Mrs. Dougherty: Yes, sir. The only change in these two titles is the fact
that we are now making them an emergency.
Mr. Plummer: OK, I'll let you know this afternoon. Remind me.
Mr. Odio: Commissioner, the only change is that we went from second reading
to an emergency.
Mr. Plummer: Cesar, the general public sitting out here reads this agenda, as
I am reading this agenda. They expect that I am voting on what they have seen,
and I am expecting thatl
Mr. Odio: I agree that you are voting on what they have seen, expect in order
for you to be able to pass this today, Commissioner, you must pass it as an
emergency item, because they were not...
Mr. Plummer: Let's look at it. I'll let you know this afternoon.
NOTE FOR THE RECORD: AT THIS POINT ITEMS 44 AND 45 WERE
WITHDRAWN.
------------------------------------------------------------------------------
33. EMERGENCY ORDINANCE: ESTABLISH STORM WATER UTILITY SYSTEM FOR THE CITY.
Mayor Suarez: I guess in item 46, we would have to consider as an emergency.
Mrs. Dougherty: We only took the ones that we decided were going to be an
emergency situation because of the revenue producing, but we can take 44 if
you also deem it an emergency.
Mayor Suarez: We can consider them, if you believe it is an emergency and you
so deem, otherwise we will go on to the one that is being recommended as an
emergency, which is 46.
Mr. Odio: Item 46 is very important.
Mr. Dawkins: All right, 46, I have had calls pro, con and against, OK? Most
people want to know two things about it, Mr. Manager. Where is 46? They want
to know, when will enough money be collected and what is the procedure for
stopping it when you get enough money?
Mr. Don Cather: The question is, when will we start collecting the money?
Mr. Dawkins: Yes.
80 March 10, 1988
Mr. Cather: Our present stormwater roaster plan calls for an expenditure over
the next 20 rears of about $260,000,000. This provision would raise
approximately $4,500,000 snr.-311 , of -.;hich approximately half of that sum
would be used for maintenance and operations costs in cleaning additional
severs, additional maintenance to the existing storm facilities in the
streets. The rest of it will be used to establish new construction for storm
situations and the remainder would be to build up a record of revenues so that
we can go to the bond people and sell bonds based upon the revenues from this
storm water utility. That would then give us a facility to begin a major
storm water plan for the whole City.
Mr. Dawkins: OK, people's taxes, my taxes, because I l i•re in the City, are
supposed to be for maintenance. Now why am I going to pay twice for
maintenance? I am with you for construction. I have no problems with it, but
when you tell me that I am going to be taxed twice, out of the ad valorem
taxes, which is supposed to do what you are telling me to do with the storm
sewers, maintain them, and then you are going to come back and tax me again
for maintaining them, I mean, we, the public, don't want that!
Mr. Cather: Well, the only comparison I could make is the fact that you are
now paying water and sewer bills, and part of that water and sewer bill is for
the distribution of the water for the treatment of the sewage and the rest of
it is for the maintenance of the system. We are paying ad valorem taxes for
the maintenance of streets, highways, garbage, other City services. This is
to more directly relate the costs of the storm water disposal, and including
the new environmental regulations imposed by the Federal government upon the
people who are... have the land in which the rain is falling and has to be
disposed of.
Mr. Dawkins: OK, well, what happens...
Mr. Cather: It is an additional tax, partially. However, the Commission can
decide ir, their... they can decide how much of this...
Mr. Dawkins: In their infinite wisdom, go ahead, I'll say it, in our
infinite wisdom, I'll say it for you. Go ahead.
Mr. Cather: You .:an decide how much of this is going to maintenance, and how
much is going to capital. That's entirely your privilege.
Mr. Odio: Commissioner, before we spend any of those funds that will be
coming into this, you will have to decide.
Mr. Dawkins: OK, right now, Mr. Manager, I am trying to get inforr Lion to
relate back to my constituency, who has called me in reference to th4s - not
only me, all five of us! All five of us have got the same calls, OK? Now,
the other thing they ask is, what if I, with a single family... all five of us
up here have a single family home, and we are charged $2.50 per month. What
about the apartment building with 60 units in it, do you charge 60 times $2.50
to the apartment unit?
Mr. Cather: No, we charge $1.60 per apartment unit.
Mr. Dawkins: OK, why?
Mrs. Kennedy: So they pay less, the condominium dwellers.
Mr. Dawkins: What, honey?
Mrs. Kennedy: The condominium dwellers pay less.
Mr. Dawkins: So why?
Mr. Cather: Well, we have to find as reasonable a method of charging every
one in the City, a fair share of the cost. Our consultants have recommended a
basic charge for a single family dwelling, of $2.50 per month, and on
condominiums, multifamily dwellings on the same lot, $1.60.
Mr. Dawkins: This is a tax to pay for storm sewers that will benefit the
total city, OK?
Mr. Cather: Correct.
81 March 10, 1988
Mr. Dawkins: Either we charge $2.50 per household, or we charge $1.60 per
household, and a household, according to the toning, says a kitchen, so every
kitchen has to pay $1.60, or $2.50. Now, you got 160 kitchens in a building,
that is 160 times either $1.60, or $2.50.
Mr. Odio: We'll go with the $2.50 on each unit.
Mr. Dawkins: Per unit.
Mr. Odio: OK, we will change it to that, if you so wish.
Mr. Dawkins: Well, I don't wish it. My constituency is calling me telling me
that either we make it equal, and pay across the board, or we don't have it at
all.
Mr. Odio: Commissioner, when I first was introduced to this... it is really a
revolutionary way of maintaining the storm sewers in the country, they told me
it was a percolating law, they would decide according to the square footage,
of how much square footage was out there, and draining the water, and that's
why they had different formulas, but we can adjust...
Mr. Dawkins: Madam City Attorney, what do I do to pass this, where it
sunsets with whatever the will... I am going to ask this Commission what's the
majority... whether it sunsets in three years or five years and come back. I
don't want it to go on for life.
Mrs. Kennedy: Yes.
Mrs. Dougherty: I'll put it right in the ordinance.
Mr. Dawkins: Because at the end of some time, we should have found a way to
do this, rather than saddling the taxpayer with it.
Mrs. Dougherty: Do you want it automatically review, or automatic sunset?
Mr. Dawkins: Sunset, and automatically come back and re -vote it because some
of us may not be here, or some of us might have changed our mind how we feel
about it, so bring it back to vote on it.
Mrs. Kennedy: That's a very good idea.
Mr. Dawkins: Go ahead, Commissioner.
Mrs. Kennedy: Let me just say for the record, I had a lot of phone calls on
both sides, almost equal, but for those who have called against this, let me
just say that I know that it is very hard to live on modest income, and I know
that it is very hard to have your parents on social security, I know it is
very hard for some people to pay $25 additional every year, but I don't want
us to look back five or ten years from now, and say: "Why didn't we do this.
Why couldn't we have had the vision to do it?" And then if not, we have to
look at the alternatives. What are the consequences, raising the millage? You
don't want that either, but I think that what Commissioner Dawkins suggested
is a very fair statement, let's revisit it, then, and see if it works.
Mr. De Yurre: Well, let me may, talking about visions - they had visions,
supposedly, when they built Metrorail, and that's costing, vision 50 years
from now, is costing us $100,000,000 a year, today. And when we just had the
bond issue for the schools passed, and that's $75 for an average household,
and I don't know how many homes are average here in the City, but you start
adding - $25 may not hurt, but when you add $25 or $30, that we are talking
about here today, to this $75, to the other $50 for the books, and all these
that go on down the line, you are talking about hundreds of dollars. There are
a lot of people that are on a fixed income, especially the elderly that is
retired, and though we may afford, may be able to afford the $30, they can't
afford another $30 on top of $75 on top of the $25 and $50, so you know, we
have to have that taken into consideration, and I am just not in favor of this
at all.
Mr. Dawkins: OK, I agree with Commissioner De Yurre, but the same people whom
he is speaking of, are the ones who we go back and put in curbing for
handicapped and old people so that they do not fall and hurt themselves
82 March 10, 1988
stepping up on the curb. They are the same individuals who we have to be sure
that there is no water in the streets after it rains, so they can get around
it, so now it is a matter of, you know... I'm in favor... everybody up here,
that is why they got five Commissioners - everybody has an opinion.
Mrs. Kennedy: Yes, and it is the same people...
Mr. Dawkins: Let me say one thing, and then, but... and I am going to say it
just like I said about the school bond issue, I was in favor of it then, I am
in favor of it now. In the year 2000, these things are going to be needed,
and if we don't pay for them now, at the cost that we are going to get them
for now, in the year 2000, we are going to scrapping around, trying to find
the money to do it. Go ahead, Commissioner.
Mr. Plummer: Well, I think there is another phase to this that has to be
reckoned with, and that is, if you don't have these infrastructure things in
place, if in fact, a day comes when a moratorium is being declared, you know,
It is going to be the City of Miami who is going to suffer, because the City
of Miami is going to be said to, "Hey, you don't have adequate drainage and
sewers in your system, we are going to place a moratorium on you." And that's
the fastest way I know to have the City stand still and go backwards. Nobody
likes a tax, whether it is up front, whether you pay me now, or pay me later.
This way seems to be fair, and I would recommend that we go for a ten year
period on a review. We can review and... no?
Mr. Dawkins: No. Five at the most, J.L.
Mrs. Kennedy: Yes.
Mr. Plummer: Five?
Mr. Dawkins: Yes.
Mr. Plummer: OK, five years.
Mrs. Kennedy: Five is fair.
Mr. Plummer: The only problem is, as you know, that with these kind of
projects, if you are able to do, you know, usually they are a two year
project. Five years, is that adequate planning?
Mr. Dawkins: They don't have the votes, but let's go on through this...
Mr. Odio: Commissioner Dawkins, I am asking Don, because the projected
expenditures to keep the City under control as far as water and storm control
is $260,000,000 in 20 years. What we are trying to do, is to establish a
record of revenues so that we can then sell bonds based on revenues, and I
don't know if we can show that in five years - maybe seven or...
Mrs. Dougherty: You can review it in five years.
Mr. Odio: We can review it in five years, if you wish.
Mr. Plummer: Why don't you sunset it in ten and review it in five?
Mr. Cather: Fine, yes.
Mr. Plummer: Maybe that would be acceptable, and then you can bond against
it.
Mr. Cather: I think you should review the rates in five years and see if they
are excessive, or adequate.
Mr. Dawkins: No, no, see, when you review the rates in five years, you are
talking about if I don't have enough, raise people's taxes some more! No, I
am not going to review the rates.
Mr. Plummer: We'll just review the whole thing in five years.
Mrs. Kennedy: Five years.
Mr. Dawkins: And if it is not adequate, we stop it.
83 March 10, 1988
Mr. Plummer: Sunset in ten, review in five.
Mayor Suarez: If you review the whole thing in five, that's the same thing as
sunsetting in five.
Mr. Plummer: That's fine.
Mayor Suarez: Let me ask a couple questions, Don. The bond issue that did
not pass this week, how much of what we were planning to do with that
$40,000,000 overlaps what we are trying to do with this utility tax?
Mr. Cather: None.
Mr. Plummer: No, that was highway.
Mayor Suarez: There was no sewer monies at all in that?
Mr. Cather: No.
Mayor Suarez: Let me ask you another question. To what extent are we
constrained by any Federal regulatory scheme or any present Federal regulation
relating to the runoff into the Miami River into having to have these new
sewers in place? - and retrofitting, if that is what is included here?
Mr. Cather: There are certain monies available now for retrofitting, for
example, Metropolitan Dade County environmental regulation management is
retrofitting a portion of our outfall from our Riverview plant. We are going
to be faced with more and more retrofitting of grease traps and traps for
sediment to try to improve the quality of the runoff into the rivers. That's
going to be more and more...
Mayor Suarez: Is some of this... do you contemplate some of this bond monies
to be used for that?
Mr. Cather: Absolutely.
Mayor Suarez: Now, do you know if any Federal regulations that would force us
to do that, much like the State is now forcing us for infrastructure and
growth management act?
Mr. Cather: That is what appears to be on the immediate horizon. There is no
law that I know of immediately in effect that we must build these right now.
Mayor Suarez: You gave me a percentage last time we discussed this of how
much of this money is expected to be spent precisely on the protecting the
outflow into the river.
Mr. Cather: Yes, I don't remember what percentage I gave you. I'd have to
look it up. I didn't bring the material with me today.
Mayor Suarez: I think it was less than 20, but it was more than 10 percent.
Mr. Plummer: Well, Mr. Mayor, you know, let me add to that, if I may, just
along the same line that you are pursuing. The problem that we see, the
questions that you are asking and the answers that you are getting are based
on what we know today. The damn Federal government comes along every year, as
we know, and changes their minds, and becomes... I've not seen them come any
least, they are being more stringent, and my...
Mayor Suarez: In fact, I have a legal opinion on my desk right now from a
local attorney that says that we pretty much have to pass this if we are going
to comply with Federal regulations, but I can't give you a citation.
Mr. Plummer: Well, I am just concerned that in five years from today, the
Federal law comes down and we see a moratorium in this community, which would
be absolutely devastating.
Mr. Dawkins: I have one more question and I will be finished. We passed an
impact fee, and impact fees has to do with infrastructure. How much of the
impact fees will we get to assist with the storm sewage?
84 March 10, 1988
Mr. Cather: I'd like Mr. Rodriguez to answer that, but basically, the impact
fee must be directly related to the project which you are building.
Mayor Suarez: but one of the things that we look at are the sewers.
Mr. Plummer: No, that's not true! That's not true, impact fees can go to
parks, they can go to a number of things.
Mrs. Kennedy: He means in the immediate area where you are building.
Mr. Rodriguez: I see what he is saying.
Mr. Plummer: Oh, immediate area...
Mrs. Kennedy: Yes.
Mr. Plummer: ... but not the project that's being built.
Mrs. Kennedy: No.
Mayor Suarez: No, no.
Mr. Rodriguez: I think what he is saying that as compared to these fees that
applies all City-wide, the impact fee applies to new development only and if
we have the same fee apply for the same type of thing, we have to give a
refund. So there is no overlap on this. If it is the same, for the same type
of improvement, we have to refund the money - we have to give credit.
Mr. Dawkins: That's not my question. OK, my question is, since the impact
fee covers new construction, do not take any of the 42.50 tax money to put the
sewer in for the new construction, when you already got an impact fee.
That's my question.
Mr. Plummer: Yes.
Mr. Odio: We should not do it. We should use some of the impact fees...
Mr. Plummer: And I think also, Commissioner Dawkins, the area that I have
been receiving my calls, and I think the same as all the rest, have been the
single family residents who are exempt from impact fees.
Mr. Rodriguez: To answer your question, Mayor Suarez, I believe you were
referring to our Federal law. I believe there is a clean water act of 1985,
that which they are developing now the standards, which we have to comply with
in the immediate future. We don't know exactly the date yet.
Mayor Suarez: I believe it was the Clean Water Act, it was...
Mr. Rodriguez: Something else? Well, that's what I am aware of.
Mayor Suarez: No, I think you are right, I think they are developing the
regulations, but statute is in place. That's exactly what you are saying.
Mr. Rodriguez: OK, but I...
Mayor Suarez: That's exactly what you are saying.
Mr. Dawkins: I move 46.
Mr. Plummer: Second.
Mayor Suarez: 46 is moved, seconded. Any further discussion? This is a
tough one. We need four -fifths on this one.
Mr. Dawkins: Yes. If not, we get it next time, no problem, no problem.
Mr. Plummer: It is not an emergency.
Mrs. Kennedy: This is not... oh, it is?
Mr. Odio: It is an emergency.
85 March 10, 1988
Mr. Plummer: 46 is an emergency?
Mr. Odio: Teo, sir, because the same thing happened with this item that...
Mrs. Kennedy: Oh, you are crazy.
Mr. Plummer: How are you going to defend this in court?
Mr. Odio: We will, because she has to. It is a question of fiscal
responsibility. We have to have this fee into the Miami Dade Water and Sewer
Authority in time for their billing, their quarterly billing, or it won't get
billed until the and of the year; therefore, the monies won't come in until
next year.
Mr. Plummer: All right, as an emergency, is it exactly as on my agenda?
Mr. Odio: Yes, sir.
Mrs. Dougherty: Except for the word, "emergency" in the title.
Mr. Plummer: OK, because I want to go back to 41, by the way.
Mr. Odio: Yes, sir.
Mr. Plummer: You weren't quite totally honest with me. There was a change in
this. Go ahead.
AN ORDINANCE ENTI:LED-
AN EMERGENCY ORDINANCE ESTABLISHING A STORM WATER
UTILITY SYSTEM FOR THE CITY OF MIAMI; MAKING CERTAIN
FINDINGS AND DETERMINATIONS; ESTABLISHING A SCHEDULE
OF RATES; ESTABLISHING A METHOD AND PROCEDURE FOR THE
COLLECTION OF STORMWATER UTILITY FEES; PROVIDING
GROUNDS AND PROCEDURES FOR ADJUSTMENT OF FEES;
DIRECTING THE CITY MANAGER TO KEEP RECORDS;
ESTABLISHING STORMWATER UTILITY TRUST FUNDS; PROVIDING
AN EFFECTIVE DATE; PROVIDING FOR INCLUSION IN THE CITY
CODE; AND CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate %.sys, which was agreed to by the
following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
COMMENTS MADE DURING FIRST ROLL CALL:
Mr. Plummer: As much as it hurts, I have to vote "yes." The wisdom of
Solomonl
Mayor Suarez: I'm going to vote "yes," because I have a feeling that the only
way we are going to be able to deal with the Federal regulatory schemes but
also with the State Growth Management Act is to show that we are going to be
able to provide our infrastructure, and otherwise, they are going to do
something as crazy as what Commissioner Plummer referred to before,
moratoriums, moratoria - whichever.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
86 !larch 10, 1988
ATES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Turre
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10395.
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 AFTER SECOND ROLL CALL:
Mayor Suarez: Now I get to finish my explanation. I think we are going to be
pressed by State and Federal agencies to the mint... and Federal government
to the point that if we don't pass this, they are going to drive us bananas,
and it is not my favorite way of doing things. I think the correct way to do
it is to do it by G.O. bond, let the voters decide, and of course, they
decided this Tuesday on a very similar kind of a bond issue and decided
against it, so it is painful one for me, but I will vote "yes" again.
NOTE FOR THE RECORD: Item 47 was withdrawn.
34. FIRST READING ORDINANCE: ABOLISH COMPUTERS DEPARTMENT - CONSOLIDATE
FUNCTIONS WITH DEPARTMENT OF FINANCE - NAME NEW DEPARTMENT "DEPARTMENT
OF COMPUTERS AND FINANCE."
Mayor Suarez: Item 48.
Mrs. Kennedy: Oh, this one I love. Consolidating the Department of Computers
and Finance into the new Department of Administration. Isn't that a little
misleading? The Department of Administration means your whole department.
Mr. Odio: Well, you can call it... you can call it depart...
Mrs. Kennedy: What is wrong with the Department of Computers and Finance?
Mr. Odio: Fine, Commissioner. I have no problem with that.
Mr. Dawkins: In the first place, I am not satisfied with what Computers is
doing, and I am not satisfied with the Finance Department, so there ain't no
way in the world I can combine the two of them, so I vote "no". I mean, I'm
voting "no" on this. I mean, I don't know... that is just my vote, I don't
know about anybody else.
Mr. Plummer: Repeat why you are opposed to it, Miller.
Mr. Dawkins: I'm not satisfied with the way Computers is being run and
operated nor am I satisfied with the way the Finance Department is being ran
and operated, so now I could not take two departments that I am dissatisfied
with the way they are running and combine them and come up with two
substandard operations, in my opinion.
Mr. Plummer: Mr. Manager, what was your intent to combine - besides saving
money?
Mr. Odio: Well, the intent is, one, that we had too many executives in the
City of Miami. My philosophy in the past two years has been of eliminating top
ranked executives, when the functions are divisional. In other words,
Computers can function and does function in the private sector, as it
functions in the public sector in many cities, as a division of finance, and
therefore, you do not...
Mr. Plummer: What do you anticipate, if this were to pass today, what would
be the savings to the City annually?
a
87 March 10, 1988
Mr. Odio: Directly, about $200,000, simply in the salary of a director, and
the assistant director that goes with it, and a secretary.
Mr. Plummer: I move...
Mr. Dawkins: OK, let me ask you a question. Let me cut in one minute, J.L.
What...
Mr. Plummer: I move to defer.
Mr. Dawkins: OK, what does the gentlemen who is over the Finance Department,
know about computers?
Mr. Odio: He doesn't... he is not...
Mr. Dawkins: All right, what does a guy...
Mr. Odio: Excuse me.
Mr. Dawkins: What does the fellow over Finance know about computers?
Mr. Odio: He is not an expert.
Mr. Dawkins: All right, what does the guy in Computers know about Finance?
Mr. Odio: Nothing, that is his...
Mr. Dawkins: All right, when you combine the two, who are you going to put
over it?
Mr. Odio: The Director of Finance will remain as director of both. You have
an expert in computers that remains in the department.
Mr. Dawkins: Oh, so now see! How are you going to save $200,000 if you are
going to combine the departments, keep the two people that you got, and hire
another person to run it?
Mr. Odio: No, sir. Wait a minute. Can I go back to point zero?
Mr. Dawkins: Yes, sir. Time out.
Mr. Odio: The Director of Computers and resigned and left. We have not
replaced him. If we don't do this, I will advertise and hire a Director of
Computers that will come in with his secretary and right there you are talking
about $150,000...
Mr. Dawkins: OK, how much have we saved by not hiring... by not filling that
position already?
Mr. Odio: A director is $100,000.
Mr. Dawkins: All right, so Samit Roy has been gone nine months, and you saved
$90,000?
Mr. Odio: Well, I am talking salary and fringe benefits, yes, approximately.
And that is the only reason. I believe that Computers will remain functional
as it is. The man in charge of both, over both Finance and Computers is an
expert in computers, which is Carlos Smith, so...
Mr. Dawkins: Is what?
Mr. Odio: He is an expert in computers, Carlos Smith.
Mr. Dawkins: He is?
Mr. Odio: His function was to set up the computers system at Eastern and he
did it at Seascape, so he is...
Mr. Dawkins: Why hasn't he computerized...
Mr. Odio: He did it today. You passed...
Be March 10, 1988
0
Mr. Dawkins: ... why haven't... how long you been here, Mr. Smith?
Mr. Odio: Not long enough, Commissioner.
Mr. Dawkins: Mr. Smith, how long you been working for the City?
Mr. Carlos Smith: Nine months.
Mr. Dawkins: Nine months. Why haven't you computerized... you are a computer
expert, according to the Manager. Why haven't you computerized Human
Resources?
Mr. Odio: Don't (OFF MIKE - INAUDIBLE)
Mr. Smith: Sir, item number 27, which is the item that will bring back later
today, is trying to accomplish exactly the same thing. We have spent some
time now, about three months or so, trying to develop the requirements for
new personnel financial systems.
Mr. Dawkins: OK, I hate to do this to you, Carlos, so you say, Carlos, now...
we have already given Carlos one additional assignment this morning for his
money, right? So now you are telling me that he is going to be over
Computers?... over this new department?
Mr. Odio: You passed that... no, it is over both, yes. You passed that item
today, that is the integrated accounting system and personnel systems that
will do, Commissioner Dawkins, what you want it, and he was the one that
developed it.
Mr. Dawkins: Yes, but now you want to do it today for me, because you want me
to vote on this, but nine months, when I was asking you to computerize the
Human Resources, I didn't get no cooperation, but now, all of a sudden, you
want my vote on this, we are going to computerize...
Mr. Odio: Commissioner Dawkins, we try to cooperate with you at all times. It
has been a long struggle to get the computers all over the City and...
Mrs. Kennedy: In fact, the Parks Department is still waiting to have the
daycare computerized.
Mr. Plummer: Why do you need daycare computerized?
Mr. Odio: Right, that's true. That is true.
Mayor Suarez: We have a motion to defer. Do you want to second that motion?
Mr. Dawkins: Did J.L. move to defer it?
Mr. Plummer: Well, I was going to move to defer it so the Manager could go
work on you.
Mr. Dawkins: Second.
Mayor Suarez: Does that mean you take back your motion to defer now? You
worked on him enough, or... you want to take his as a motion and he'll be a
second.
Mr. Odio: Believe me, I worked on him enough.
Mr. Dawkins: Who moved and seconded it? Who moved to defer it?
Mr. Plummer: Well, I was going to move to defer it, so the Manager could go
beat your head in, but...
Mr. Dawkins: OK.
Mr. Plummer: ... if you want to go ahead and pass it on first reading and...
89 March 10, 1988
•
Mr. Dawkins: No, I'm not going to vote for it. I mean that's just one vote
though, it's four votes up here.
Mr. Plummer: All right, well, I'll tell you what, I'm going to move it on
first reading and even I might have some second thoughts on second reading but
let's go ahead and pass it on first and if you can't go convince Dawkins and
the rest of us, then on second reading, buena suerte.
Mrs. Kennedy: I'll second and under discussion, let me also remind you, Mr.
Manager, that I've asked you numerous times for an update of all the City's
departments. Yes, you change departments constantly and...
Mr. Odio: No, no, we haven't changed any department, Commissioner.
Mrs. Kennedy: Well, I've been asking you for months and you...
Mr. Odio: On what?
Mrs. Kennedy: On all the new departments, with the department heads.
Mr. Odio: We have not changed.
Mayor Suarez: Get her the current organizational chart of the City.
Mr. Odio: Oh, you want a current...
Mrs. Kennedy: You don't have departments?
Mayor Suarez: Yes.
Mr. Odio: I will get you one.
Mr. Dawkins: I mean, I don't care, Madam Vice Mayor, I don't care what you
ask for, it's not current...
Mrs. Kennedy: That's right.
Mr. Dawkins: ... because we are constantly going through, this is my problem,
reorganizations and reorganizations...
Mayor Suarez: Consolidations.
Mr. Dawkins: You consolidate and then you reorganize, then you consolidate
and then you reorganize, you consolidate and here we go again now with... I've
got a stack of papers this high that I requested which he for.
Mrs. Kennedy: I believe you.
Mr. Dawkins: OK?
Mr. Odio: I promise you...
Mr. Dawkins: And now, here we go again, we're not four months into the last
reorganization, we're not four months into it, and here we come with a
consolidation. I mean, we don't give nothing time to work, Mr. Manager,
before we start to tinker with it.
Mr. Odio: Commissioner, I understand... I really do understand your feelings,
but I feel that one of my duties is...
Mr. Dawkins: You're the Manager, that's why... and I'm a Commissioner, that's
why I'm voting against it. You've got a right to recommend it, ain't no
problem.
Mr. Odio: You know what I'm learning about this job is damn if you do and
damn.... because we are being criticized because we have too many executives.
So here I am trying to eliminate one...
Mrs. Kennedy: And you get criticized.
Mr. Odio: ... and, you know, so, the reason is we really...
90 March 10, 1988
Mayor Suarez: Mr. Manager, I'll tell you what I tell people that make
presentations here. Momentum is on your side, sir, if you don't argue with
the Commissioner.
Mrs. Kennedy: OK, one other thing we need while we're at it is an update on
the telephone book. People call my office to ask for the number of a specific
department. Then we have to think, what did it used to be? So then we can
tell them, we really need an update. And that's all I have to say on this
item.
Mayor Suarez: OK. We have a motion. Do we have a second?
Mr. De Yurre: I'd like...
Mr. Dawkins: Further discussion, Mr. Mayor. Further discussion.
Mr. De Yurre: I still got... still discussing it. Cesar...
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: ...if I can get him back. Well, you said that Sammit Roy's
been gone now for what, nine months? Who has been in charge of the Computers
Department?
Mr. Odio (Off mike): We have Bob Parcher. We had an assistant director
reporting directly to Carlos Smith for the last nine months.
Mr. De Yurre: Is Bob here?
Mr. Odio (off mike): I suppose he is, yes, sir.
Mr. De Yurre: OK. Well, I'd like to get his opinion too on how he sees
this...
Mr. Dawkins (off mike): He's going to say what the Manager told him to say.
He's got to protect...
Mr. De Yurre: I know, but I want to hear it - on this proposal.
Mr. Bob Parcher: Thank you.
Mrs. Kennedy: He doesn't want to be heard.
Mr. Parcher: Like any other consolidation of a department...
Mayor Suarez: You're allowed to disagree with the Manager.
Mr. Parcher: ... I have concerns about it. I think my career as well as the
career of the other people in the Department of Computers can make whatever
decision work whether it's a good decision or a bad decision.
Mr. Plummer: There went your career.
Mayor Suarez: He just kept his job. He just kept his job, OK.
Mr. Parcher: Well, you know, I look at this Commission and I turn around and
I hear, you know, we're looking to save money, you know, and I get a little
bit upset and if I can, just for a second, it's if the career's gone, what the
heck, right? I turn around and I may there's been a lot of talk about
computers. The Computer Department has done a lot for the City since 1983. I
hear a lot of people turning around and criticizing the Department for this,
for that, for something else. We also look at the Computer Department, we
look at the Police Department who has turned around and if you had to look at
the manpower that the computer at this particular point is displacing and
allowing to get out into the streets, then you would say, you know, there's
something there. How many times have we been over and looked at the police
dispatch? How many times have we been looked over at the fire? We look at
the finance systems, it's the same thing, I mean, but every time I hear we put
down the computers. I don't understand it. The personnel...
Mr. Dawkins: OK, let me help you understand it, OK?
91 March 10, 1988
Mr. Parcher: Yes, sir.
Mr. Dawkins: You Just answered your question. You spent all your time in the
Police Department and the Fire Department on computers and the rest of the
departments go to hell. That's the answer. OK?
Mr. Parcher: Commissioner Dawkins, if I could say in response to that.
Mr. Dawkins: Yes, by all means.
Mr. Parcher: Not only did I design and work on the pension system but I feel
very comfortable that that... sir...
Mr. Dawkins: No, no, no, let's, no, let's go back to what you said, sir.
Mr. Parcher: Yes, sir.
Mr. Dawkins: You said that you spend an enormous amount of time at the Fire
Department and the Police Department and you constantly hear us putting down
the Computer Department, that's what you said. OK? Nov, what I'm saying to
you is, you are correct. I am saying that too much time is devoted to the
Police and the Fire Department and not enough to human resources and
everything else, that's all. And it's not your fault, air. OK? It's that as
the administration requests that you do task, you have to do the task that are
requested by the administration. Nov, had the administration put a priority
on computerizing human resources, rather than computerizing the Police
Department, then human resources would have been computerized.
Mr. Plummer (Off mike): Have you ever seen a computer report from the Fire
Department on a single incident? It is seven pages long, to tell you
-ihether it was sunny, clear or rainy, the names of every fireman on every
apparatus whether it was a real fire or false alarm. It is amazing.
Mr. Parcher: If I could just make one closing comment. The City right now
has a payroll system and the personnel system, if I remember correct, air,
within the last three weeks, that there was some information that was
requested directly from your department for personnel and those reports were
produced in less than two days. You know, I know there's been other requests
through the Manager to come directly to the department that we've satisfied
those. I'm not saying we're perfect, I'm saying that I think you have a damn
good staff over there who's done a lot of things and are committed to the
City. That's all I'm saying and I think that I get... I think we just need to
have somebody say, you know, yes, you did do a good job.
Mr. Dawkins: Mr. City Manager, through you to Mrs. Bellamy. Would you have
Mrs. Bellamy come to the mike. Mrs. Bellamy, if I were to ask Human Resources
to track the number of people who applied to Solid Waste in the last week,
could you sit down before a computer monitor, punch it in and have it come up
on the monitor or how would you have to go and get it?
Ms. Angela Bellamy: That information would have to be tracked by hand.
Mr. Dawkins: By hand and would you walk through the process for me please.
Ms. Bellamy: As applicants come into the employment office, we take
applications. There is no way to input that information into a system.
However, I'd like to point out that we've been working with the Computers
Department and we have now put together an RFP. We've been working with
Computers, Finance and several other departments and they know exactly what
our requirements are and that is what has been offered as the RFP. So they
know what our requirements are.
Mr. Dawkins: If I were to ask the Human Resources for the total number of
applicants to the Police Department, how many of them were turned down for
drugs, how many were turned down for what and etcetera, could you put that in
the computer and get it for me instantly?
Ms. Bellamy: No, sir.
Mr. Dawkins: All right. So, therefore, these are the kind of things that
I've been saying for three years that we should be able to do over there and
we haven't done it. Thank you, that's all.
92 March 10, 1988
Mr. Plummer (Off mike). Why do you need that? What's important about how
many people were applicants for the Sanitation Department?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. De Yurre: Mr. Odio, how many jobs are we talking about saving in this
situation?
Mr. Plummer (Off mike): OK, it doesn't make a... it's garbage in, garbage
out.
Mr. Odio: You mean not hiring people?
Mr. De Yurre: Well...
Mr. Odio: Right... immediately two people that I will... the director and
another secretary and the fringe benefits that go with it immediately. Plus,
there are other...
Mr. Plummer: You're not firing anybody.
Mr. De Yurre: Well, right now we don't have a director.
Mr. Odio: Sir?
Mr. De Yurre: Right now we don't have a director, so it's functioning.
Mr. Odio: No, no. Yes, and all we're doing here is saying, you know, put it
in front of you and say, look, they are functioning this way, so why not call
it what it is?
Mr. De Yurre: Physically it's not going to change.
Mr. Odio: No.
Mr. De Yurre: They remain separately.
Mr. Odio: No, because the cost of moving the Computer Department from where
it's at today until we finish and if we build a new administration building,
it would be too expensive to move all those lines out of there. It's a costly
move for now.
Mr. De Yurre: So, in reality, nothing's going to change except that you're
just formalizing it.
Mr. Odio: It's a reporting way, in other words, Mr. Parcher would report to a
director of Finance and then Computers and he, in turn, would report to Smith.
I'm eliminating one layer.
Mr. De Yurre: Were you eliminating the Director of Finance also?
Mr. Odio: No, we need the Director of Finance.
Mr. De Yurre: Then you're creating another job.
Mr. Odio: No, I'm not, we have a Director of Finance today and he's just
going to have double functions.
Mr. De Yurre: No, but then you're just saying that a Director of Finance and
Computers.
Mr. Odio: The same director will have both responsibilities.
Mr. De Yurre: So then the Director of Finance is going to be the Director of
Computers.
Mr. Odio: That is correct, sir.
Mr. De Yurre: And what does the Director of Finance know about computers?
93 !larch 10, 1988
Mr. Odio: The same as I know or you Mould know, Commissioner. He's an
administrator, he's a CPA and he has experts that he's paying to do the job
over there. I '.cope &4 . Parcher Is an expert in computers if he wants to
remain as assistant director over there. If not, we'll get an expert that
will know what he has to do over there as charge of that division.
Mr. De Yurre: Then, as far as directors, you can be a director of a
department and not know the first thing about what they're dealing with, just
have to be a good administrator.
Mr. Odio: I'm not saying that, I'm saying that I believe that Mr. Garcia has
enough knowledge of day to day functions of computers and finance that he can
do both.
Mayor Suarez: Anything furth...
Mrs. Kennedy: I don't have any problems with it, the only problem that I had
really - hello, Mr. Manager, hello...
Mr. Odio: Let me - excuse me, I think it's important, no, as he was talking
to me, it's important that you know this. Where Mr. Garcia came from, he was
in charge of both computers and finance.
Mrs. Kennedy: OK, the only problem that I have with it is the name. The new
department of administration is very confusing.
Mr. Odio: We'll call it the way you want, Commissioner.
Mrs. Kennedy: OK.
Mr. Odio: I don't care about the names, I care about saving that
directorship.
Mayor Suarez: We have a motion...
Mr. Plummer: The department of garbage in and garbage out.
Mayor Suarez: We have a motion and a second. Do we have any further
discussion? Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ABOLISHING THE COMPUTERS DEPARTMENT AND
CONSOLIDATING THE FUNCTIONS OF SAID DEPARTMENT WITH
THE DEPARTMENT OF FINANCE, WHICH SHALL HEREAFTER BE
KNOWN AS THE DEPARTMENT OF COMPUTERS AND FINANCE, ALSO
PROVIDING FOR THE TRANSFER OF FUNDS, PERSONNEL,
RECORDS, AND EQUIPMENT CURRENTLY BUDGETED FOR THE
COMPUTERS DEPARTMENT TO THE DEPARTMENT OF COMPUTERS
AND FINANCE; FURTHER PROVIDING FOR FUTURE
REAPPROPRIATION OF SAID BUDGETED FUNDS AND AUTHORIZING
THE EXPENDITURE OF SAID FUNDS BY THE DEPARTMENT OF
COMPUTERS AND FINANCE; AND PROVIDING THAT THE DIRECTOR
OF THE DEPARTMENT OF COMPUTERS AND FINANCE SHALL
CONTINUE TO BE IDENTIFIED AS THE FINANCE DIRECTOR OF
THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
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.
94 March 10, 1988
0
f
35. FIRST READING ORDINANCE: CHANGE RATE SCHEDULE FOR (a) USE AND OCCUPANCY,
AND (b) SERVICES FURNISHED OR TO BE FURNISHED IN CONNECTION WITH THE
MIAMI CONVENTION CENTER.
Mayor Suarez: Item 49. I'm sorry, withdrawn. Item 50.
Mrs. Kennedy: Fifty.
Mr. Plummer: Mr. Manager, on these rates for the Convention Center, are they
competitive?
Mr. Odio: Yes, sir.
Mr. Plummer: Move item 50.
Mrs. Kennedy: Second.
Mr. Plummer: And by the way, I don't know whether it's been said on the
record or whether the public has been aware, but I want to tell you something,
this City needs to be proud of that facility where the Mayor held the state of
confusion message last week. I want to tell you, it was a very, very nice
facility and I think the City should be proud of the administration who
railroaded this thing through on a fast track to get it done. I think it's
going to go a long way in trying to accomplish of getting more conventions in
there, small conventions but conventions. I, for one, want to go on record
and I think I speak for the Commission that, in fact, the administration
demands and should be recognized for what they did.
Mr. Odio: I want to say on the record that Ramlawi and his group committed
to... we gave them $3,000,000 and they overspent it $500,000 out of their own
pocket to make that room... we are beginning to get a lot of business and
people that want to use that room and I believe it's going to help a lot in
the deficit of that building.
Mr. Plummer: Mr. Ramlawi would know when are you going to give him his
$3,000,000?
Mr. Odio: We're waiting for the final check list to be and then
we'll pay him. Punch list.
Mr. Plummer: When is that going to be?
Mr. Eads (Off mike): We're going to try to bring it back to the Commission
two weeks from today.
Mr. Plummer: Don't try, bring it back.
Mr. Odio: But we have to go to the... at some point we need to take it to the
Sports Authority, because it's their funds.
Mr. Plummer: Well, you can still bring it back here in two weeks. Mr. Mayor,
I moved fifty.
Mayor Suarez: Item fifty is being moved. Do we have a second? Seconded.
Any discussion? Call the roll. It's an ordinance, read the ordinance. Call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 53-161 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING
THE RATE SCHEDULE FOR THE USE AND OCCUPANCY OF AND THE
SERVICES FURNISHED OR TO BE FURNISHED OR IN CONNECTION
WITH THE MIAMI CONVENTION CENTER; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
95 March 10, 1988
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
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.
------------------------------------------------------------------------------
36. DISCUSSION REGARDING REQUEST RECEIVED FROM COMMITTEE ON BEAUTIFICATION
AND ENVIRONMENT FOR WAIVER OF USER FEE AT GUSMAN CENTER IN CONNECTION
WITH THE "ROYAL POINCIANA FIESTA" - REFER TO DEPARTMENT OF OFF-STREET
PARKING (SEE LABEL 40).
------------------------------------------------------------------------------
Mayor Suarez: I know Commissioner De Yurre has an item that makes sense to
take up now because of the number of people that are here, but, Al, you want
to make a statement that doesn't require any action, and you have to leave?
And it's good news, we always want to hear good news.
Mr. Al Pallot: Mr. Mayor, Commissioners, my name is Al Pallot and I'm
chairman of the City of Miami Beautification Environment Committee. We're
asking you, at this time, for a waiver of fee on June the lath at Gusman Hall
because the Royal Poinciana Fiesta will be in progress and we're going to have
a free concert, free for the public on June the llth, which is a Saturday and
we would like to get a waiver of the fees so we can proceed with that.
Mr. Plummer: Can't do it. We can't waive the fee, Al, that's the Off -Street
Parking Authority. How much is the charge, Mr. Manager?
Mrs. Kennedy: How much is it?
Mr. Pallot: Twenty-two hundred dollars.
Mayor Suarez: It's a City committee that you had and you put a lot of time
into...
Mr. Pallot: Yes, it is.
Mr. Plummer: I move a grant for the Miami Beautification Committee of $2,200.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Dawkins: Yes, under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: When others come up here for grants, now I don't want the
Manager to tell me, we don't have no money, you can't find no money, see.
See, we do this every other time, we let one slip through and then when
somebody come up here who's not as influential as Mr. Pallot, who's from the
area who don't have much schooling or don't have much of nothing, we tell
them, oh, no, we don't have... the Manager say, I can't find the money and we
let them go. So, I'm going to vote with this and when I may give them, let's
give them 45,000, $6,000, I expect you to vote with me. Now, Mr. Manager...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
96 March 10, 1988
Mr. Dawkins: No, no, no, no, no, no. I want this, you all settle that, let's
settle this now.
Mr. Odio: Well, I'm going to recommend against this. We don't have the funds
as I recommended against the others.
Mr. Dawkins: OK, but if you recommend it, against it, and we tell you, this
Commission vote to tell you to find it, when somebody come up here and I say
give them $5,000, I want this Commission to vote with me to tell you to find
it just like we're getting ready to do now.
Mr. Odio: I'm looking for a million dollars right now that I have to pay.
Mayor Suarez: Are you withdrawing the motion? Is it...
Mr. Plummer: I might, I'm waiting.
Mayor Suarez: Are they going to work..... it is a little different because
it is a City of Miami...
Mr. Dawkins: Say what? Say what?
Mr. Plummer: What.
Mr. Dawkins: You know, and I'm getting tired of Off -Street Parking picking
their damn projects they want to give money to too, OK? There are inner City
projects that you don't give a damn thing to either, OK? But every time I
look up, and it's one of these projects that you find...
Mr. Pallot: Mr. Dawkins.
Mr. Dawkins: Mr. Pallot, I am not speaking to your, sir. I'm talking to this
gentleman and to this gentleman, OK? Now you always come up and shebe, shebe,
shebe and we get the money.
Mr. Plummer: I withdraw my motion.
Mr. Dawkins: OK, now...
Mrs. Kennedy: I withdraw my second because...
Mr. Dawkins: I want you to shebe, shebe, shebe all the time or don't shebe,
shebe, shebe at all, OK?
Mr. Plummer: What is shebe, shebe, shebe?
Mrs. Kennedy: Como se dici, shebe, shebe, shebe?
Mr. Dawkins: A. D. Morgan tell you.
Mr. Plummer: Is that like tacky, tacky, tacky, ticky?
Mr. Dawkins: Yes.
Mrs. Kennedy: Mr. Manager, do you want to...
Mr. Plummer: Yes, it is.
Mr. Odio (Off mike): Yes.
Mr. Plummer: Seventy...
Mrs. Kennedy: Do you want to announce that the Department of Off -Street
Parking will take care of it?
Mr. Plummer: No, no, you can't announce that. Mr. Pallot, Mr. Mulvena would
like to talk with your, sir.
Mayor Suarez: Do a little shebe shebeing back there...
Mr. Pallot: Well, if he can shebe, shebe this.
97 March 10, 1988
Mayor Suarez: ... and let us go on to the next item, Al. I think you're
going to be ON. The less you say the better, at this point, sir.
Mr. Pollot: Thank you very much.
Mayor Suarez: All right. God bless you.
---------------------------------------------------- -----------------------
37. (CONTINUED DISCUSSION) EMERGENCY ORDINANCE: AMEND CODE SECTION 62-61 -
CHANGE ZONING AND PLANNING FEE SCHEDULE (SEE LABEL 32).
------------------------------------------------------------------------------
Mr. Odio: Mr. Mayor, could we bring back 41, 42, and 437
Mr. Plummer: That was the one I raised hell about. Let me tell you what
there is a difference and I think all...
Mayor Suarez: There's a substantive difference after all?
Mr. Plummer: Yes, sir, there is a difference. This thing here does make a
change and that change is that maximum of sixty five thousand is not for per
project. It is for per phase of a project. If a project if three or four
phases, then, in fact, it would apply to each phase rather than the project.
It is in our favor, but it is a significant change from the original. I'll
move item 41 now.
Mr. Dawkins: Second.
Mr. Plummer: Here, this is the sheet they threw at us this morning...
Mrs. Kennedy: Oh, oh, OK.
Mr. Plummer: ... read 41.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTION 62-
61, ENTITLED -SCHEDULE OF FEES," OF CHAPTER 62,
ENTITLED -ZONING AND PLANNING,- BY CHANGING THE FEE
SCHEDULE FOR THE FILING OF APPLICATIONS TO CHANGE
ZONING DISTRICT CLASSIFICATIONS, TO MODIFY REGULATIONS
AFFECTING THE USE OF ANY PROPERTY, TO AMEND THE CITY'S
COMPREHENSIVE DEVELOPMENT PLAN, OR TO SECURE ANY
SPECIAL PERMIT REQUIRED BY THE CITY'S ZONING
ORDINANCE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
98 !larch 10, 1988
ATES: Connsissioner Victor De Yurre
Comissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
MOSS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10396.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
38. (CONTINUED DISCUSSION) EMERGENCY ORDINANCE: AMEND SECTION 2-75 AND 2-
76 - SETTING FEES FOR EXAMINATION OF PLANS FOR COMPLIANCE WITH ZONING
ORDINANCE AND ZONING CERTIFICATES OF USE - ADD FEES FOR REVIEW OF SAID
PLANS AND SPECIAL PERMITS IN ORDER TO COVER COST FOR ENFORCEMENT OF
ZONING ORDINANCE (SEE LABEL 32).
Mr. Plummer: Move 42.
Mayor Suarez: Forty two has been moved.
Mr. Dawkins (Off mike): Wait a minute.
Mayor Suarez: It's a companion item?
Mr. Plummer: Yes.
Mayor Suarez: We have a second?
Mrs. Kennedy: Second 42.
Mr. Plummer: 41, 42 and 43 are all the same.
Mayor Suarez: Seconded. Any discussion?
Mr. Plummer: Read the ordinance.
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 2-75 AND 2-76
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
WHICH ESTABLISHED FEES FOR THE EXAMINATION OF PLANS
FOR COMPLIANCE WITH THE ZONING ORDINANCE AND FOR
ZONING CERTIFICATES OF USE, BY ADDING FEES FOR THE
REVIEW OF PLANS FOR SPECIAL PERMITS AND/OR PUBLIC
HEARING; FURTHER MAKING NECESSARY CORRECTIONS TO COVER
THE CITY'S COST FOR THE ENFORCEMENT OF THE ZONING
ORDINANCE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and
Kennedy, for adoption as an emergency measure
requirement of reading same on two separate days,
following vote:
secondr by Commissioner
and di:,jensing with the
which was agreed to by the
99 March 10, 1988
•
AYES: Commissioner Victor be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10397.
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.
39. (CONTINUED DISCUSSION) EMERGENCY ORDINANCE: AMEND SECTION 5 OR ORDINANCE
6145 - ESTABLISHING FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL
INSPECTION, PERMIT AND CERTIFICATE FEES - ADD AND INCREASE SOME OF THE
FEES TO COVER COST OF ENFORCEMENT OF THE SOUTH FLORIDA BUILDING CODE
(SEE LABEL 32).
Mr. Plummer: Move 43.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 5 OF ORDINANCE
NO. 6145. ADOPTED MARCH 19, 1988, AS AMENDED, WHICH
ESTABLISHED FEES FOR BUILDING, PLUMBING, ELECTRICAL,
MECHANICAL (INCLUDING BOILER AND ELEVATOR) INSPECTION,
PERMIT AND CERTIFICATE FEES BY ADDING AND INCREASING
SOME FEES AND CLARIFYING CERTAIN ITEMS IN SAID SECTION
5, TO COVER THE COST PRIMARILY FOR THE ENFORCEMENT OF
THE SOUTH FLORIDA BUILDING CODE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
100 March 10, 1988
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Viet Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10396.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Dawkins: I want to pass a motion that J.L. Plummer and the Manager cannot
go to lunch no more because the Manager influenced J.L. Plummer to push all
three of these...
Mr. Plummer: Yes, wait a minute, I might vote for that because he is yet, in
all the times we go to lunch, ever to pick up a bill.
Mr. Odio (Off mike): That's not true.
Mayor Suarez: We have a motion, do we have a second?
----------------------------------------------- -----------------------------
40. CONTINUED DISCUSSION AND CLARIFYING COMMENTS IN CONNECTION WITH REQUEST
BY COMMITTEE OF BEAUTIFICATION AND ENVIRONMENT FOR WAIVER OF USER FEE AT
GUSMAN CENTER REGARDING "ROYAL POINCIANA FIESTA" (SEE LABEL 36).
------------------------------------------------------------------------------
Mr. Dawkins: Mr. Mulvena, may I ask you a question, sir?
Mr. Mulvena (Off mike): Sure.
Mr. Dawkins: For my own personal information...
Mr. Mulvena (Off mike): Right.
Mr. Dawkins; ... what fund did you give Mr. Pallot the money out of so that
when I ask for some, I'll know where to ask you for it from.
Mr. Mulvena: City of Miami.
Mr. Dawkins: City of Miami?
Mr. Mulvena: Yes.
Mr. Plummer: It's called petty...
Mr. Dawkins: That's a lie, we had to vote on that. You can to get your
another one.
Mr. Mulvena: Well, no... well, let...
Mr. Plummer: Calls petty cash.
Mr. Dawkins: Petty cash, OK.
Mr. Plummer: Yes.
Mr. Dawkins: J.L. said petty cash, OK, no problem.
Mayor Suarez: Petty cash, resolved. Item fifty...
101 March 10, 1988
41. DISCUSSION IN CONNECTION WITH ALLEGED MISHANDLING BY SOCIAL ACTION
AGENCY OF LITTLE HAVANA IN THEIR DISTRIBUTION OF FOOD TO THE NEEDY -
DIRECT ADMINISTRATION TO STOP FURTHER DISBURSEMENT OF FUNDS TO AGENCY
PENDING REPORT FROM ADMINISTRATION (SEE LABEL 48).
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: Yes, sir. Over the last few days, there's been some concern
created over a company that distributes food for the needy which is called
Social Action Agency of Little Havana and I'm bringing it now before the
Commission because we h%ve given it money. In fact, we gave them $30,000
about three months ago to help them in this distribution process. Now,
certain allegations have been made of impropriety within the company and I
thought it was prudent to bring it before the Commission at this time.
Mayor Suarez: Who is the food being distributed to? Anybody know?
Mr. Dawkins (Off mike): People in the neighborhood.
Mr. Plummer: Well, it would be interesting, since, obviously, some are
privileged and I'm not, to know what those allegations are and who's making
the allegations.
Mayor Suarez: That's, yes...
Mr. Plummer: The only thing our money was used for was for distribution. It
had nothing to do with the food.
Mr. Odio: No, yes, I want to put that clearing on the record. With the...
Mr. Plummer: Hey, we had nothing to do with the food.
Mr. Odio: The City is not...
Mr. Plummer: Our money was strictly for the transportation and distribution
of those items.
Mr. Odio: Yes, we gave it an outright grant to them.
Mr. Plummer: Yes.
Mr. Odio: Now, if there are allegations, however, Commissioner, of
wrongdoing, I...
Mr. Plummer: Are they on the agenda, Victor? No?
Mr. De Yurre: I put it on the agenda. I sent out a memo.
Mr. Plummer: OK.
Mr. Odio: I do feel, however, that if there are allegations of wrongdoing
that...
Mr. Plummer: If there are, let's put them on the table.
Mr. De Yurre: Well, Mr. Carlos D'Mant is here, he's going to be addressing
those allegations right now.
Mr. Odio: By the way, Commissioner De Yurre, Commissioners and Mr. Mayor, we
have given them up to, I believe, $20,000. There's still $10,000 outstanding
which I put a hold on while we were auditing. I ordered an audit about four
weeks ago and besides that, we are working with the Department of, what's the
name of that?
Mr. Frank Castaneda (Off mike): HRS.
102 March 10, 1988
Mr. Odio: MRS in the auditing of this group. So, therefore, we put a hold to
any more payments until this is all clarified.
Mr. Plummer: Well, let me ask. Obviously, if you've ordered an audit four
weeks ago...
Mr. Odio: We are in the process. We are in the process, yes.
Mr. Plummer: ... has there been anything developed in this audit that should
raise a red flag? Who's doing the audit?
Mr. Dawkins: Shabo.
Mr. Castaneda: Internal audit is right now performing the audit. We have
been very closely monitoring the organization, especially after the
allegations have been made. As to our money, we, at this time, have not found
anything to substantiate those allegations.
Mayor Suarez: Well, we didn't even know what the allegations are. The
Commission was really just asking at this point...
Mr. Plummer: I don't know.
Mayor Suarez: ... if any irregularities or otherwise have been found from the
auditing. So far, no.
Mr. De Yurre: But, Frank...
Mr. Plummer: Well, why don't somebody put on the record what these so called
allegation...
Mr. Castaneda: Well...
Mr. De Yurre: We are.
Mayor Suarez: Because we're getting to that if you just let us.
Mr. De Yurre: We are going to get to that. But let me ask you something,
Frank, the audit was requested four weeks ago.
Mr. Castaneda: No, we did not request the audit four weeks ago, we re...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Castaneda: Right, the Manager requested it four weeks ago. We did not.
Part of the problem was that at the time that the Manager was requesting the
audit, we given very little money to the agency. There was really nothing to
audit at this time...
Mr. Odio: People tell me when one of the board of directors member, which I
discovered about four weeks ago, told me that he had resigned, and I asked him
why, he said, well, I don't know, I just don't feel comfort, that was enough
for me to call Frank and say I want an audit done immediately. And that's
what...
Mr. De Yurre: Was that Zaiden?
Mr. Odio: Yes, sir. And that's what breaks my curiosity, why would a board
member that was here asking for the funds would resign and I wanted to ask
some questions. And that's why I called the department.
Mr. De Yurre: OK, so you requested it four weeks ago but then nothing
happened till this week.
Mr. Castaneda: Let me explain the reason why an audit had not been requested
for, because, you know, this was a six months' contract. The company...
Mr. Plummer: Excuse me, Frank, Mr. Mayor, may I ask once again for the third
time, we're talking in realms. What are the allegations? Is somebody
stealing...
103 March 10, 1988
•
Mayor Suarez: Let's get some idea
allegations are.
Yes, let's get some idea what the
Mr. Plummer: Is somebody stealing the cheese. Is somebody running with the
milk? I don't know what the hell are the allegations?
Mayor Suarez: And after we hear that, I do want to continue this line of
questioning...
Mr. Plummer: Fine.
Mayor Suarez: ... because it's interesting that the Manager had asked for an
audit and even though it was not initially performed as you stated because not
enough funds had been given and yet monies continue to be disbursed. It might
have been a good idea at that point to stop disbursement until we figure out
what, if anything, is... if the Manager's requesting an audit, he must be
concerned about something. Sir, Carlos..
Mr. Carlos D'Mant: Yes.
Mayor Suarez: ... give us your name and address and tell us, before anything
else, who is the food distributed to and secondly what, if any of the
allegations that we're dealing with here today.
Mr. D'Mant: Right, my name is Carlos D'Mant, 1779 W. Flagler. The food is
being given through the Social Action Agency and through...
Mayor Suarez: Who is it given to?
Mr. D'Mant: To persons of low income. Supposedly they have no money and
through certain food banks. And if I may, I would like to explain what are
the allegations that I am exposing this afternoon with you. First of all, it
all started it months ago, not four weeks ago. When this agency was created,
a friend of mine, State Representative Alberto Gutman, which he had problems,
he was thrown from another board and I think that you all recall that of
allegedly... and it's an agency that has been investigated.
Mayor Suarez: Senior Citizens of Dade County.
Mr. D'Mant: Senior Citizens of Dade County.
Mayor Suarez: Or Senior Centers of Dade County.
Mr. D'Mant: Senior Citizens.
Mrs. Kennedy: Centers.
Mr. De Yurre (Off mike): Senior Centers.
Mr. D'Mant: And then, this other agency was created and then he was president
of the board, the advisory board. When this program started, I have been
receiving calls this first time that the problem started with kinds of rotten
food. It was back in, let's say, three months ago more or less. I vent to
the State Legislator and told him what vas going on. He knew what was going
on and I show him that people were calling to my radio station stating that
they were given rotten food and they were charged $14.00 for the delivery.
Mrs. Kennedy: Even though the delivery was supposed to be free.
Mr. D'Mant: Even though the delivery was supposed to be free.
Mayor Suarez: What was the amount, I'm sorry, they were being charged how
much?
Mr. D'Mant: $14.00, and I have receipts over here of persons that came to my
radio station and I can show it to the Commission.
Mayor Suarez: Is that on a per month basis or per something basis?
Mr. D'Mant: Month basis, I guess.
Mr. De Yurre (Off mike): Per delivery.
104 March 10, 1988
Mr. D'Mant: Per delivery, per delivery, per delivery.
Mayor Suarez: Your radio station, for the record, is WOCN.
Mrs. Kennedy: Per delivery
Mr. D'Mant: WOCN Union Radio. And then, when this program started, I have a
Social Security Newspaper and Mr. Rafael Lopez which is the director of this
program, he stated himself, in this newspaper that the agency - it's in
Spanish though - it says, Social Action Agency (comments in Spanish), is a non
profit organization dedicated that monthly people from low income will receive
food and things for the home, elderly people and also poor people. How much
Is the charge for that, of these boxes? It says, nada (comments in Spanish),
volunteer corporation...
Mr. Dawkins: Donation.
Mr. D'Mant: Le ayuda, this is the president of the board who is saying that
in this newspaper.
Mayor Suarez: Volunteer donation or voluntary donation.
Mr. D'Mant: (Comments in Spanish) and I ask them, how come the City of Miami
had allocated $30,000 to this agency for the need of the people and that's the
receipt that they give to the people that they charge $14.00; Miguel N. Barco,
1648 S.W. lst Street.
Mayor Suarez: Why don't you... OK, when you finish reading that, why don't
you give that to the City Clerk to...
Mr. D'Mant: It doesn't say, copy of this, Mr. Mayor and Commission, has the
HRS. And this agency has been investigated due to our report.
Mayor Suarez: Why don't you give that to the City Clerk and put it in the
record.
Mr. D'Mant: Yes. I just want to tell you, it doesn't have any date, this is
the original. It doesn't have any date or the amount, but you can ask this
person how was the food and how is it that they paid $14.00 and like that, I
have hundreds of them. The other evidence that I want to show you over here,
is this. This is the kind of food that this food bank, through this service,
have been giving to the elderly people and they charging $14.00 for the
delivery.
Mrs. Kennedy: Carlos, can I assume that the expiration date was old?
Mr. D'Mant (Off and on mike): No, I'm going to show you, Commissioner. I
want to ask Mr. Lopez and the Commission if you received this with the
expiration date is 186, two years old, to the old people. These cans, like
this have been receiving of the people in our community with the money of the
City of Miami. I'm asking if you can give this to your mother? I ask you if
you can give this to a family with the money of the City of Miami? That's why
I'm making the denounce because the people are...
Mayor Suarez: OK, use the microphone, use the microphone.
Mr. D'Mant (Off mike): I'm saying that, Mr. Mayor.
Mayor Suarez: As loud as you can sometimes be...
Mr. D'Mant: This is what we call in Spanish botulismo. If somebody eats
this, he'll die and that's a shame. That's why I'm here representing all the
people. I have nothing against the agency or nothing against the City of
Miami. More than that, I'm going to prove you if you give me the chance that
there were political reasons involving this. Mr. Mayor, your Commission, and
under your command over here as a Mayor, this agency was created...
Mayor Suarez: To some extent.
Mr. D'Mant: ... to some extent and I want to tell in front of this Commission
that food, crackers and also juices were given out from that agency, Social
105 March 10, 1988
Action to the campaign headquarters of Maurice Ferre. You know why? Because
one of the members that then resigned and I have copy of everything over here,
Slade a phone bank to Maurice Ferre and also the Mayor of Hialeah, that's why
Roberto Cosas, a state legislator, was giving out applications. And I want
this Commission to explain me how come, if I have the checks over here
cancelled from the City of Miami, can prove me that there's no conflict of
interest in one of the employees that is still working. His name is Wilfredo
Farinas and paid a delivery by his own pocket. There's a lot of things that
In being investigated by the HRS and other authorities.
Mayor Suarez: Where is Mr. Farinas an employee of, by the way?
Mrs. Kennedy: Yes, are either one of them here, Mr. Lopez or...
Mayor Suarez: He doesn't work for the City, OK.
UNIDENTIFIED SPEAKER (OFF MIKE): Yes, he does.
Mayor Suarez: He works for the City?
Mr. D'Mant: I beg your pardon? I think he does.
UNIDENTIFIED SPEAKER (OFF MIKE): No, no.
Mr. Odio: He does work for the Conferences and Convention.
Mr. D'Mant: He does work for the City.
Mayor Suarez: Wait, wait, wait, wait. We're not asking you, we're asking the
Manager.
Mr. Odio: Mr. Farinas has worked for the City, I believe, for the last four
or five years. I don't know at the Conferences and Con...
Mr. D'Mant: No, I'm sorry, I'm sorry. He hasn't been working with the City
for the last five years.
Mayor Suarez: Does he or does he not work for the City? If you know, Mr.
Manager...
Mr. Odio: Yes, he does. Yes, he does. That's what I'm saying.
Mayor Suarez: I thought you just said the Convention Bureau.
Mr. D'Mant: That's the answer, yes, he does.
Mrs. Dougherty (Off mike): I didn't think the Convention Bureau was the City
any more.
Mr. Plummer (Off mike): No...
Mayor Suarez: Doesn't work for the Greater Miami Visitors and Convention
Bureau?
Mr. Castaneda (Off mike): Tony Pajares.
Mr. Odio: Tony Pajares is the...
Mayor Suarez: Oh, he works for our Convention Bureau...
Mr. Odio: Yes.
Mayor Suarez: Oh, OK. All right, anyhow, those are pretty strong
allegations. Anything else?
Mr. D'Mant: Well, I guess that I was trying to explain that the food we're
giving out... instead of giving to the old people, they were giving to the
Maurice Ferre campaign headquarters, to the campaign workers, under your
administrationt You were the one that said that! And that's a double
treason.
Mayor Suarez: But, Carlos, if the food is spoiled...
106 March 10, 1988
Mr. D'Mant: That's one of the things I'm sorry, Mr. Mayor.
Mayor Suarez: ... or old or bad and it's being given to older people.
Mr. D'Mant: Well, that's the food. Do you give this food to your people?
Mayor Suarez: The fact that it was given to...
Mr. D'Mant: Mr. Dawkins, today's your birthday, would you accept this as a
birthday present?
Mayor Suarez: OK, OK, Carlos... You made your statements, you made your
statements, anything else, sir?
Mr. D'Mant: There's a lot of things, but that's the allegations. That's the
allegations.
Mayor Suarez: OK, but you didn't let me finish what i was saying, the fact
that it went to...
Mr. Plummer: Maybe he was doing the Mayor a favor if he gave bad food to
Ferre's people, he was doing Xavier a favor.
Mr. D'Mant: No, no, no. The bad food for the people and the good food for
Ferre, that's what they were trying to do. The good food for Ferre and the
bad food for the people, that's what they're trying to do.
Mayor Suarez: Well, let's find out if the food was bad before we conclude
that it was given to any political campaign. Do we have anybody from the
agency that wants to respond? Mr. Manager.
Mr. Odio: I'd like to know this and I'm asking the question from Frank and I
want to do it openly is that 1 didn't understand if Mr. Farinas, if he was an
employee of the City, could not come here and ask for a grant himself. I
don't remember if he was one of the applicants. I believe it was Mr. Goodman
and Alfredo Zaiden.
Mr. D'Mant: No, I have the papers over here, the corporation papers were Mr.
Farinas was the secretary, then Mr. - I'll give you all the details because I
have everything over here.
Mr. Plummer: No, no, Carlos, I remember very well...
Mr. D'Mant: No, but the things...
Mayor Suarez: Wait, wait, wait, wait.
Mr. D'Mant: I'm sorry, Mr. Plummer, the thing is that they resign and then
fifteen days after, one of the same people starts doing the program again.
How come yo-: resign of your seat and then you're going back?
Mr. Plummer: Carlos, the man who made the presentation before this Commission
was Mr. Al Gutman.
Mrs. Kennedy: Yes.
Mr. D'Mant: Yes, sir.
Mr. Plummer: OK, he was the only one who made the present...
Mr. D'Mant: And he's involved in that thing, he knew everything.
Mr. Plummer: I'm saying...
Mr. D'Mant: Yes.
Mr. Plummer: ... Mr. Farina did not appear here. No one also appeared...
Mr. D'Mant: I know.
Mr. Plummer: ... but Al Gutman who made the presentation.
107 March 10, 1988
Mr. D'Ment: OK, when Al Gutman made the presentation and when I started that
with the radio station, he r2sign2d nervously...
Mayor Suarez: We were given a list of the board. I remember we were given...
Mr. D'Mant: ... in a piece of paper and then two days later, he resigned from
the board and allegated the wrongdoings. Now, I am trying to prove a lot of
things which doesn't mean, you know...
Mr. Odio: Carlitos, for the record, because, you know, you're talking about a
City employee. I don't care who his name is...
Mr. D'Mant: Yes. All right, all right.
Mr. Odio: ...OK and I don't want any cloud over the City, period. There are
many, many City employees that are in boards of non profit organizations, OK.
Mr. D'Mant: Um humor.
Mr. Odio: It's a regular practice and that has been going on for years and
years since I've been here.
Mr. D'Mant: But, Mr. Manager, what I don't know, he hasn't received money
from the City, I'm not saying that...
Mr. Odio: No, no, I just...
Mr. D'Mant: ... he paid from his own pocket...
Mr. Odio: Carlitos, whatever else you are...
Mr. D'Mant: ... to the delivery man who made those deliveries.
Mr. Odio: Wait, wait, I just wanted to clarify...
Mayor Suarez: We're just clarifying that a City employee, so far, has been
alleged to be a member of a board of a non profit organization which...
Mr. D'Mant: That's the thing legally.
Mayor Suarez: ... we do have quite a few and it's typically not...
Mr. D'Mant: I know, but...
Mr. Odio: And which we do have quite... OK.
Mayor Suarez: ... that we know, it's not a problem, I don't think.
Mr. D'Mant: Yes, but it's a conflict of interest.
Mr. Plummer (Off mike): Well, but what he's saying is that he paid for the
deliveries to the Ferre headquarters.
Mayor Suarez: Well, if anybody was paid anything, we'd have a problem, that
isn't...
Mr. Odio (Off mike): No, that's the difference.
Mayor Suarez: Then it's not non profit.
Mr. Odio: And then he would have to declare...
Mayor Suarez: As to that particular individual, right.
Mr. Odio: ... if a City employee or me or anybody also get into employ
outside the City, they must fill out and outside employment form and if they
don't do that, they're in trouble.
Mayor Suarez: OK.
108 March 10, 1988
Mr. D'Mant: Mr. Odio, I'm sorry, they have been investigating, you said - all
right. I think that the monies...
Mayor Suarez: No, no, no. As far as the City, auditing, that's different.
Mr. D'Mant: Yes. Auditing, auditing and you haven't found anything.
Mayor Suarez: We're just audit as to the use of the funds.
Mr. D'Mant: You haven't found anything, the auditing.
Mayor Suarez: Well, we haven't even actually begun the auditing, have we?
Mr. D'Mant: Oh, you haven't begun the auditing?
Mayor Suarez: Have we?
Mr. D'Mant: You haven't?
Mr. Castaneda: There are two things occurring. We are auditing and we are
also investigating a number of things and I'm willing to, you know, I'm the
first one to say that the agency when it, you know, first started, it was a)
was a new agency, number two, no agency had ever gotten into the business of
delivering food to houses. It was very complicated, there were a lot of
problems as you said, at one time they were charging $14.00 for delivery that
is a correct statement.
Mr. D'Mant: That's incorrect?
Mr. Castaneda: No, that's a correct statement.
Mr. D'Mant: Oh, that's a correct I see. I think that what is incorrect is to
charge $14.00.
Mr. Castaneda: No, no, wait a second. Let me, let me...
Mr. D'Mant: Yes, go ahead, go ahead.
Mayor Suarez: Wait, wait, wait, let him complete, don't interrupt.
Mr. D'Mant: Go ahead.
Mr. Castaneda: Then, after meeting with the agency, we were able to lower the
amount to $10.00 and I believe that as of - Francena, December 15, they went
down to $4.00.
Mr. D'Mant: Four dollars.
Mr. Castaneda: Four dollars.
Mr. D'Mant: Yes, and they were paid mostly in cash and in food stamps. Did
you know that, for the auditing? Can I help you with the auditing?
Mayor Suarez: I can't imagine that there would be... can they use food stamps
to pay for that?
Mr. Gene Sanchez (OFF MIKE): Yes, sir, Mayor, because...
Mr. D'Mant: Oh, yes. I would like to hear that, I would like to hear that.
Mayor Suarez: Our department director is saying no and you're saying yes.
Mr. Sanchez: The record states yes be...
Mayor Suarez: Give us a name and address please.
Mr. Sanchez: My name is Gene Sanchez. I am the chairman, the active chairman
of the board of Social Action Agency of Little Havana and I will be very
gladly to respond one by one the allegations that this gentleman has made if
he allow me to respond to them.
109 March 10, 1988
Mayor Suarez: Well, we're asking about that question and then you, of course,
can go into all the other ones.
Mr. Sanchez: The question is that we have been approved. The food bank is
approved by the U.S. Department of Agriculture as an eligible agency to
receive food stamps and that the payment of a donation is not a charge. We
never intended, we have never named, we have never stated and we have never in
the past, present or the future used a charge for food that was donated for
free. And that the members of the household that you know that you have
mentioned before that is a donation.
Mayor Suarez: You can address us, you don't have to address him.
Mr. Sanchez: Is a donation for the increasing of the...
Mayor Suarez: Gene, but let me ask you a question. If a person who is
receive...
Mr. D'Mant: Is it a mandatory donation, Mr. Mayor? Because everybody has to
pay, otherwise they won't get the food.
Mayor Suarez: Wait, wait, wait, wait. If you keep interrupting...
Mr. Sanchez: That is not correct.
Mr. D'Mant: I'm sorry, Mr. Mayor, I have to say.
Mayor Suarez: OK, you're going to lose all your opportunity to be heard, not
only as to that particular remark or any other. Now, if a person is expected
to give a donation, don't you think that he gets the impression that if he
doesn't make a donation the next day that food will not come?
Mr. Sanchez: He may have the impression and it's wrong because we have
hundreds of cases in which the persons did not have...
Mayor Suarez: Does the receipt, if you have a receipt, does it say...
Mr. Sanchez: That shows zero. We have them, your Honor.
Mayor Suarez: All right, let's get on to the issue that concerns everybody
which is...
Mr. Sanchez: Yes.
Mayor Suarez: ... first of all, are these representative, are these actually
things that were given to people?
Mr. Sanchez: I don't know, I do not know if they are exactly those or other
than that. We receive 190,000...
Mrs. Kennedy: OK, let me just ask, what... excuse me, Gene, one second.
Mayor Suarez: OK, Vice Mayor Kennedy.
Mrs. Kennedy: What percentage of these donations do you have?
Mr. Sanchez: We receive, so far, and have deposited and accounted for around
$9,000 which represent, I guess, around 30 percent matching, which is not
required in the grant that we received from the City, but the money has been
deposited in the bank, has been used for the purposes of paying the food bank
for the fee that we have to pay the food bank, has been used for paying for
the fees of the trucks that were rented to do distribution.
Mrs. Kennedy: No, but I'm talking about the $14.00.
Mr. D'Mant: I'm sorry, please, please, please, he's not saying the truth.
Mayor Suarez: Wait, wait, wait, wait, no, no, Carlos, please. Madam Vice
Mayor.
Mr. D'Mant: All right.
110 March 10, 1988
Mrs. Kennedy: One second, Carlos, the $14.00. What percentage of the people
pay you or give you a donation of $14.007
Mr. Sanchez: I will say that approximately between 85 and 90 percent of the
people.
Mrs. Kennedy: That high?
Mr. Sanchez: Yes. Around 85 to 90 percent of the people gave the $14.00
because when we started in the first month, it was a policy decision to issue
77 pounds of food. I think it was a mistake. It has proved that it was a
mistake, but we deliver 77 pounds of food to those families in the first six
weeks of existence of the bank. In the second six weeks, which is from
November 15th...
Mayor Suarez: That's 77 pounds per family, per...
Mr. Sanchez: Per person or per family.
Mayor Suarez: Per what? Period of time.
Mr. Sanchez: It was for a month, Mayor.
Mayor Suarez: Per family, per month.
Mr. Sanchez: Exactly. We made the mistake, it was too much, it was too high.
Mrs. Kennedy: And how many people do you service?
Mr. Sanchez: In the first month we have served approximately 4300 households
In the City of Miami.
Mayor Suarez: Forty-three hundred?
Mr. Sanchez: Each, you know, 4300 represent around 6,000 people. We serve
approximately, we have active in the City of Miami in excess of probably
around 1,800 households which is around 2,300 people because we have been...
Mayor Suarez: Where do you get your food?
Mr. Sanchez: We get the food primarily from the food bank which is free food
but we have to pay twelve cents per pound as share because they have
to bring the food. This food comes from anyway from Alaska.
Mayor Suarez: But, Gene, how can you, if I may ask you, properly supervise
the giving of food to that many families with the kind of money that we're
talking about here for this grant without...
Mr. Sanchez: Well, the grant doesn't cover...
Mayor Suarez: I mean, don't you, wait, wait, wait, wait, don't you expect
that with that many families that it would be very difficult just to even
check all of that food to make sure that none of it has spoiled and out of
date?
Mr. Sanchez: OK, the food it has the first point of entry and checking is the
food bank. The food bank separates and this food...
Mayor Suarez: That doesn't protect you from liability. They're checking.
How about your checking?
Mr. Sanchez: Our checking, we have one person, one staff person doing it.
Mayor Suarez: One for 70 some pounds per family per week and you have 4,300
families?
Mr. Sanchez: Well, that was part...
Mayor Suarez: Per month?
Mr. Sanchez: Per month.
ill March 10, 1988
Mayor Suarez: And you have 4,300? I mean, I...
Mr. Sanchez: Well, the situation is, Mr. Mayor, that...
Mayor Suarez: Doesn't sound like you have enough checkers. I mean, I'm not
an expert on, you know...
Mr. Sanchez: No, I know, but is this people that we are talking about that
are doing the checking are volunteers and it's difficult to get volunteers.
Mayor Suarez: Well, now, let's ask the ultimate question. Are you aware of
any food that has, in fact, been distributed that has been spoiled or out of
date?
Mr. Sanchez: No, no, Mr. Mayor, we have not. We know that the food, because
of this food being...
Mayor Suarez: Are you, Frank?
Mr. Castaneda: Let me clarify the record. Also the food, or at least a
substantial amount of the food of the Daily Bread Food Bank, you know, is
donated by grocery stores because it is out of date. OK, however, you know
the Daily Bread Food Bank which is authorized by the U.S. Food...
Mayor Suarez: And Drug Administration.
Mr. Castaneds: Agricultural, you know, is of the opinion that they stand
behind that food...
Mayor Suarez: You know, I don't think anybody in this Commission
contemplated, when we gave this $30,000, innocuous $30,000 grant, that we were
going to be dealing with food that is out of date. I don't know that we want
to get involved in this business at all. I don't know if I'm speaking for the
rest of the Commission but this is not what we typically want to get involved
In. The liability, by itself, if anybody could allege liability on the City,
God help us if they could. And, of course, we didn't know that the...
Mr. Plummer: Well, of course, Mr. Mayor, you know, once again, let's make the
record very clear. The monies that came from the City of Miami were for only
a single purpose and that was distribution. We had nothing... you know, I
remember a statement being made here that a great deal of the food was cheese
and that the monies were not forthcoming this food would go bad and that's why
it was brought here on an emergency basis. And, you know, the stuff that I've
seen so far, none of it is what is commonly referred to as perishables, it's
all canned goods. Now, you know, I want to make it very, very clear on the
record that the City of Miami did not in any way participate in the food. We
only participated in the distribution.
Mr. Sanchez: You only participate in the salary of the staff that was
available at this time because the cost of the picking of the...
Mayor Suarez: Who pays the food checker? The one that you have on staff?
Mr. Sanchez: It was one that was on the staff plus a volunteer.
Mayor Suarez: But he could be paid from the monies that we give.
Mr. Sanchez: Yes. It was, yes.
Mayor Suarez: So there we have some nexus with the whole idea of checking the
food. I don't know that we want to get involved in any of that.
Mr. Sanchez: The situation is as it was mentioned, it was as we presented the
plan. It was a... but, however, I would like to answer some of the...
Mr. D'Mant: Yes, I would like you to answer me, how come, if you have taken
$9,000, you cannot pay and I show it to the Commission for the Paradera
Enterprises $89.00 for the forklift and $1,968 that you haven't paid dated
2/2/88.
Mr. Sanchez: No, we haven't paid not only those debt...
112 March 10, 1988
Mayor Suarez: Wait, wait.
Mr. D'Mant: Excuse me, I haven't finished, I haven't finished. Please, I
haven't finished. I don't know how come you can't pay very fast service
Social Action Agency envelopes dated 11/11/87 for the ridiculous amount of
$140.00. Social Action, $30.00, 10/2/87 and $175.00 papel and files, Social
Action 12/30/87 and from the state representative's office, and that's
something that he has to clarified, I have $140.00, February 19, 1988, it
says, various printings for the office of 41 Gutman and also additional work
done for Social Action. I think that's the authority that has to investigate
that, but I don't know.
Mr. Sanchez: Well, this is...
Mr. D'Mant: I'm asking you if you have the money for paying this?
Mayor Suarez: We will, we will - wait, wait, wait, wait, wait.
Mr. Sanchez: That is not the issue here.
Mr. D'Mant: Wait a second, please, I haven't finished.
Mayor Suarez: No, no you wait now.
Mr. D'Mant: Oh, I'm sorry.
Mayor Suarez: We're going to introduce all of that into the record. The
auditing that we're going to do 1 assure you will clarify any outstanding
bills so I wouldn't even get into the outstanding bills because we're going to
audit that.
Mr. D'Mant: But, Mr. Mayor, if I may.
Mayor Suarez: Any allegations. He's been trying to answer your allegations
and you don't let anybody else speak. Go ahead and finish your allegations.
Mr. D'Mant: Please, Mr. Mayor, thank you very much. Maybe the gentleman that
Ls speaking to you now, I want him to understand and I want him to tell me if
he resigned from the board. Have you resigned?
Mr. Sanchez: I did not resign from the board since I have been member. I was
a director and I was vice president. I was an officer and as an officer of
the board I resigned of the position of vice president. Not of the position
of director.
Mr. D'Mant: Mr. Mayor and Commission.
Mrs. Kennedy: You know, Carlos, let me just... excuse me.
Mr. D'Mant: Excuse me, please, this is very important. He said he hasn't
resigned, I have the letter signed by him that he had resigned.
Mayor Suarez: OK, put it into the record.
Mr. D'Mant: "I hereby tender my resignation as vice president of Social
Action of Little Havana, Florida Corporation, to take effect at the conclusion
of the meeting of the board of directors. November 19th, Gene Sanchez.
Mr. Sanchez: May I... Mr. Mayor, this is another example of the confusion.
He did not listen to what I say.
Mayor Suarez: So far, nobody on this Commission has really cared too much
about whether you resigned or didn't but...
Mr. Sanchez: I know, but Mr. Mayor, I care about myself because I have been
involved involuntary...
Mr. D'Mant: No, you are involved.
Mayor Suarez: No wait, no more, no more, Carlos. Carlos, no more.
Mr. Sanchez: In voluntary work in here for years...
113 March 10, 1988
Mayor Suarez: Now, Gene, Gene, Gene.
Mr. Sanchez: OK. Now, I mention...
Mayor Suarez: You know, your capacity in the organization, you can clarify
anyway you went. I don't know that it's all that crucial at this point, I
can't...
Mr. Sanchez: No, but he's accusing me of lying, you know.
Mrs. Kennedy: Let me just say something, Mr. Mayor...
Mayor Suarez: Madam Vice Mayor.
Mrs. Kennedy: I think that we can address the problem of the auditing, but we
here are not qualified to say, for example, I don't know if an Italian
dressing that expires in '86 is harmful or not. I don't think any of us are
qualified to establish that.
Mr. Sanchez: I agree with you. We go with the guidelines of the Department
of Agriculture, which is the ones that the food bank work with. The
guidelines, in a nutshell, are that this is past the due date and may change
the color, may change the taste slightly, but it will not harm the people.
Mrs. Kennedy: Up to where? Up to when?
Mr. Sanchez: Up to the point that they distribute it.
Mrs. Kennedy: Up to 1999? No, there has to be a deadline.
Mr. Sanchez: No, as long as they distribute it.
Mrs. Kennedy: Forever.
Mr. Sanchez: As long as they distribute it and they give it to us and we
distribute it to the rest because this same food is given today to hundreds of
places in here in town and this is the food that is used in many of the
Camillus House and many of the people that... many agencies use the food of
the food bank. It's donated, that is the purpose of it.
Mayor Suarez: I have to say again, just like I said before that I didn't know
the City got involved in anything like this and I'm not sure it's a wise idea.
That I think people who get food at home from an agency like this probably
assume it to be better quality than what you would get at a rescue mission
like Camillus House. I think when you go to Camillus House you probably
expect you're going to get something that if you don't eat that day, you could
be in trouble the next day if you wait two or three days with it. It's a
whole different kind of a thing, Gene, I have to say. Anything else from you?
Mr. Sanchez: No, from my point is that I will again, we are keeping
distributing this food. The whole purpose of the idea of the food bank is
that we believe that the community, this community in Dade and Miami, is so
responsive to the needs - some earthquake in Central America, some hurricane
in South America or in Indo-China and we get hundreds and hundreds and
hundreds and thousands of dollars for these people and what we are trying to
say, the message that we are trying to convey through the distribution of this
agency is that we don't have to go to South America to give money, to give
cans to give food for the people. We have 450,000 people hungry in this
community. Let's put these people, the grocers, the wholesale distributors,
the food brokers to channel those food that otherwise will go rotten and will
be spoil and let's get that food to our people here in the town. That is all
we have asked. Thank you.
Mr. D'Mant: Yes, Mr. Mayor, the bottom line for me because this is why I'm
here is because people were calling to my radio station and stating that this,
as you can see, had rotten food. And my concern, I don't doubt if it's the
good will of Mr. Sanchez or who ever it is, I don't doubt of any good will
that he would like to help the people, but I guess that now that they're being
investigated which is nothing that you have to - doesn't have to do with the
City of Miami. My concern, they are being investigated by the HRS because
they have as the latest report from the HRS, they have been investigating and
114 March 10, 1988
they have certain violations like they have cheese, 3,800 pounds without
refrigeration. But that's nothing that I am here for, that's the authorities
have to do with that.
Mayor Suarez: I presume anytime that...
Mr. D'Mant: But the thing is that the - the scandal is that the City of Miami
was giving money to a company that was giving rotten food to the people.
Ms. Mandy de Cespedes: May I make a comment please?
Mayor Suarez: You've made those allegations already.
Mr. D'Mant: That's the only thing. That's the only concern.
Mayor Suarez: I presume that any complaint that is made to HRS is
Investigated so to that extent, I presume...
Mr. D'Mant: Right.
Mayor Suarez: Does that complete the allegations? Ma'am, who do you
represent or...
Ms. Mandy de Cespedes: My name is Mandy de Cespedes and I am the executive
director of La Fundacion Carlos Manuel de Cespedes which is a non profit
organization and I give food to the elderly and I have people here, elderly
people, that meet the qualification for this distribution program and they're
all right and they're very happy. And they're also very angry at this
gentleman because they've been listening to these accusations on the radio
program...
Mr. D'Mant: And they will keep on...
Mayor Suarez: No, don't interrupt.
Ms. de Cespedes: Please, please because they're very concerned. These people
make very small amounts of money, I mean the money that they receive monthly
is a very limited amount. Can you stand up, todos aguellos ustedes, please?
These people are concerned. This represents a large portion of money for them
monthly and they're very happy and they're very satisfied. Carlos, what's the
problem?
Mayor Suarez: And how are you involved in this particular social agency's
distribution system?
Ms. de Cespedes: Because Alberto Gutman and I sat down and he told me...
Mayor Suarez: No, I don't...
Ms. de Cespedes: Alberto Gutman, state representative, district 105, and
myself...
Mr. D'Mant: The one that you run against him?
Mayor Suarez: No!
Ms. de Cespedes: I helped him run by the way and you are, I think that you
would be the perfect...
Mayor Suarez: Do not interrupt. My ques... Don't answer him!
Ms. de Cespedes: OK.
Mayor Suarez: My only question is, I'm not sure if you explain how you're
involved with this social agency. Are you related...
Ms. de Cespedes: Well, right now I'm one of their distributors.
Mayor Suarez: You can explain what agency you were involved in but how is
that related to...
115 March 10, 1988
Ms. de Cespedes: I'm involved, I'm the executive director, La Foundacion
Carlos Manuel de Cespedes.
Mayor Suarez: You told us that, but how does that relate to this one?
Mr. D'Mant: That has nothing to do with this, Mr. Mayor.
Mayor Suarez: Please. One more time, Carlos.
Ms. de Cespedes: I represent a large group of people and I gave out food at
no cost.
Mayor Suarez: Are you involved in this particular distribution system?
Ms. de Cespedes: I'm one of their distributors which was approved by their
board and committee, yes.
Mayor Suarez: Oh, because they sub contract the distribution or something?
Ms. de Cespedes: No, no, I came to them to state as a volunteer, I came to
talk to Alberto Gutman, representative, district 105.
Mayor Suarez: I know who Alberto Gutman is and I don't care at this point.
Frank, can you explain to me what the relationships between this agency and
the Social...
Mr. Castaneda: The elderly in that agency receive food from this agency.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. de Cespedes: I'm one of the agencies.
Mayor Suarez: You know, from the account that they have given us, it sounds
like they're feeding more people or giving food to more people than all the
dining rooms we have and all the food distribution systems in the entire City.
I've never heard of anything this large in my life.
Mr. Odio: I swore that I would keep quiet, but why doesn't...
Mayor Suarez: And I'm not saying that's necessarily positive or negative.
I've just taken notice of that, it kind of concerns me a little bit, actually.
Mr. Odio: Why can't he just say that this food is not bad, is it bad? It's
not bad. Is the food bad or not?
Ms. de Cespedes: Can I make that statement.
Mayor Suarez: Are you able to tell us anything about whether the food that
vas distributed to the people that...
Ms. de Cespedes: OK, I've been looking at the food and apparently that kind
of cans that Carlos D'Mant just brought in, I see them at supermarkets. Nov
I'm going to have to take better care of looking at the cans that I buy and
see the expiration date because we don't know what we're buying. But those
cans that he brought, I mean, that's not the type of cans that we distribute
at the center that I represent. That's an exaggeration unless you kick it
real hard against the floor.
Mr. Odio: May I suggest something, Mr. Mayor?
Mayor Suarez: Yes and we need suggestions at this point.
Mr. Odio: I'd like to send my people over to their warehouse and check all
their stock out if we have to to make sure that this is not happening.
Mr. D'Mant: They won't have it, Mr. Commissioner, Mr. Manager, they won't
have it because HRS vent yesterday and I have the report over here...
Mayor Suarez: Well, then, in that case it's in the hands of HRS.
Mr. D'Mant: OK, so let's leave it to the authorities.
116 March 10, 1986
Mayor Suarez: Then in that...
Mr. D'Mant: My concern is that this lady is stating, by the way, she run
against Alberto Gutman and now they are united. I don't know why.
Mayor Suarez: You came to these authorities...
Ms. de Cespedes: I'm not united with anybody, sir.
Mr. D'Mant: But anyway, that's different.
Mayor Suarez: No, no, no, no, no. nol
Mr. D'Mant: That's different.
Ms. de Cespedes: Can I mention the $10,0007
Mr. D'Mant: Mr. Mayor...
Mayor Suarez: OK, no more from the presenters.
Mr. D'Mant: ... I want you to tell me please.
Mayor Suarez: No, no more. That's it.
Mr. D'Mant: Would you give this to your mother7
Mayor Suarez: End! End!
Ms. de Cespedes: Do you like me to mention something more important?
Mr. D'Mant: Would she give this to her mother?
Mayor Suarez: I'm going to have you removed if you don't hear instructions.
Officer!
Mr. Odio: I should have charged admission for this.
Mayor Suarez: Carlos, I don't want to have you removed, but I'm getting to
that point, guy. And nothing more from this side. In fact, nothing more on
this issue unless any Commissioner wants to hear about it. I sure don't.
Want to have...
Mr. Plummer: I finally have found out the word chisme.
Ms. Nenita Carames: Comments in Spanish.
Mayor Suarez: Oh, no, OK, Frank, could you please translate.
Ms. de Cespedes: OK.
Mr. Castaneda (Off mike): (Translating for Ms. Camares). She represents the
Cuban political prisoners. Honorable Mayor, City Commissioners, my name is
Nenita Camares - Carames and I represent the Cuban political prisoners. To
support the Social Action Agency and our dear director, Mr. Rafael Lopez. My
friends of cause, Paula Grau, Ramon Grau, Albertina Ofarril, Berta Machado and
a group of numerous men and women that have come to this country after all
these years, have received benefits under this plan and are greatly
appreciated of it. And I take this time to take the opportunity to thank, in
the name of all of them, Mr. Rafael Lopez for all his efforts in this
position.
Mayor Suarez: Thank you for your testimony.
Ms. Flor Ponce: My name is Flor Ponce. I am here representing my mother
which is one of the people have benefits from there, Social Action.
Mayor Suarez: Do you have an address, please?
Ms. Ponce: 2161 S.W. 24th. My father is here, Alberto Ponce, and I also
represented my brother who is mentally retarded. I working two jobs to
support myself because I am divorced and this agency given absolutely free
117 March 10, 1988
good food to them no one of them never make them sick or given any poison. I
also work for Winn -Dixie and when we have expiration dates produce, we reduce
the price and gi.:a:g tv the people and everybody get it. We put a full basket
in the front of the store and everybody get it and I didn't receive any
complaint about they're getting sick. I wish you can do better knowledge
about the agency and they can continue the good job they are doing. God bless
you all. God bless you all.
Mayor Suarez: Thank you for your testimony. OK, Comm... Sir.
Mr. Lucas Castillo: Yes, I Lucas Castillo.
Mayor Suarez: Got another one to translate for, Frank.
Mr. Odio: (Translating for Mr. Castillo) "I want to take this opportunity to
thank Social Action that generously are helping the old people when they give
them cheese, rice, milk, honey in perfect condition. We have been more than
15 years... we've been out all these organizations that are very generous to
help out, to help them out to survive with the little amount of funds that
they have. At no moment - at no time have they found out about any person
that have died from the food."
Mr. D'Mant: Que horriblet Ojala qua no se muera nadie.
Mayor Suarez: No, no, no.
Mr. D'Mant: Como va a decir que va ha encontrar un muerto?
Mayor Suarez: Wait, wait, wait, wait, wait, wait. No more interruptions,
Carlos.
Mr. D'Mant: I'm sorry, I'm sorry, Mr. Mayor.
Mr. Castillo: Con Ian cases quo nosotros Is hemos...
Mayor Suarez: OK, you found the food to be good and you're satisfied and you
think the agency is great. We got the drift, all right.
Mr. Odio: That's what they say.
Mr. Castillo: ... dado, nadie se ha muerto.
Mayor Suarez: We gather nobody has died.
Mr. D'Mant: Thank God, thank God.
Mr. Odio: (Translating for Mr. Castillo). In fifteen years.
Mayor Suarez: Right, but this... the City's involvement has only been just a
couple of months so we...
Mrs. Kennedy: Miller, I've suddenly lost an appetite for your birthday cake.
Mr. Castaneda: I think the point that they're making is that that... the
originator of most of this food is from the Daily Bread Food Bank, it is a
federally sponsored program that has been giving out food for a number of
years.
Mayor Suarez: They must have some kind... we'll get into it another moment,
but I'm sure they have some kind of a deadline on the food that is distributed
from the food bank. OK, we have, do we not, very quickly, a motion to refer
this to the administration for a full and complete investigation and report
back to the Commission.
Mr. De Yurre: Well, Mr. Mayor, I think that...
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: ... we have a number of questions that have arisen from this
and, first of all, I'd have to be in a position to stop the funding of this
until we get a clear determination as to what's happening. I think HRS is
Investigating and I do not know whether we would be exposed to any liability
ll8 March 10, 1988
if anything were to happen but I certainly don't want to put the City of Miami
in a position where we might be. And I don't know if Madam City Attorney has
any opinion as to that right now. But I certainly don't feel comfortable
being tied into this type of situation at this point in time.
Mayor Suarez: Do you want to ask her for an off the cuff opinion, how does
our liability look if any of this turns out to be true and somebody... nope,
no we're not asking you for a legal opinion, asking her.
Mrs. Dougherty: I don't recall what the grant money was for. Was it for the
food itself or the transportation only?
Mr. Odio: The money was for the distribution of.
Mrs. Dougherty: Of the food. I could see where somebody could sue the City
because, if they were to get ill, because that we somehow participated in the
distribution of the food. That doesn't mean that we have liability because I
don't think the City would be liable, but I could see them suing us.
Mr. De Yurre: Yes, well once we've seen what's been brought before us, then I
think that we're put on notice as to what may be happening and, you know, for
what happened before, then maybe not, but now I think it behooves us to
careful about this situation. Now, as far as the audits, Cesar, you requested
an audit four weeks ago and nothing happened till this hit the fan.
Mr. Odio: Well, no, I felt that I needed to have another audit. The
department director had not given out any funds so he felt, at the time, that
he didn't have to start the audit.
Mr. De Yurre: How much had been given at that point in time?
Mr. Castaneda: Commissioner, basically it was a six months contract of which
we have given $30,000 - I'm sorry, six months contract for $30,000 of which
there's a balance of $9,109.00. Basically, a month ago, we had given very
little money and I'm sure that an audit would have not shown anything.
Mr. De Yurre: Four weeks ago how much money had been given?
Mr. Odio: I want to say this, Commissioner, I did not know four weeks ago
about any spoiled food or I... that did not come to my attention. The only
thing that came to my attention was a board of director member resigning who
had been very prominent in the obtaining of the grant and that worried me, but
I did not hear of any allegations like I've heard today.
Mr. De Yurre: OK, but how much money had been given at that point in time?
Mr. Odio: Very little monies.
Mr. De Yurre: About how many?
Mr. Odio (Off mike): Do you remember?
Mr. Castaneda: Maybe $5,000, $8,000.
Mr. De Yurre: Five, so then, after you were put on notice of maybe something
happening, you went ahead and you gave out another $15,000.
Mr. Castaneda: No, Commissioner, let me clarify something. The audit that
we're paying, I'm sorry, the money that we're paying is basically for salaries
of one, two or three employees, depending on what period of time you're
talking about.
Mr. Plummer: That's not what this Commission advised you to do. This money
which we gave vas solely to be for the transportation of...
Mr. Odio: No, no, he's paying their employees to do the distribution.
Mr. Castaneda: Yes, the directors...
Mr. Plummer: But that's not what I'm hearing, he's paying a director...
Mr. D'Mant: Yes.
119 March 10, 1988
Mr. Plummer: ... not people to go out and make the deliveries.
Mr. Castaneds: I'm paying Rafael Lopez at one time which is the director.
Mr. Plummer: That's not what this Commission said, never, never.
Mrs. Kennedy: No salaries.
Mr. Plummer: This was to be used for the transporting of that food to the
poor people. No time was it ever to be used for any other purpose. Pull the
resolution. Let me, just to voice one problem that I've got, OK? The
allegations raised here today have raised enough red flags that this thing has
to be, as well as HRS, as the City of Miami has to be concerned. But I'm also
concerned about the recipients who are receiving the food that if there's no
way to transport it, these people are not going to have the availability of
the food and that concerns me. Now, if you've reduced it down to $4.00 per
delivery, is it not possible that this City could take and we could put, until
the audits and everything are finished, we put a monitor there who will
monitor all deliveries to make sure that the food is not spoiled, the food is
not bad but at least these people who are depending upon that 77 pounds of
food a month will have something to eat. That's my area. You know, I want to
see it delivered but God forbid that it should be delivered bad. Now, Mr.
Manager, can we do it in such a way that we, number one, are guaranteed that
the $4.00 per trip is what is going to be charged. Number two, that we have
an on staff person there to monitor what is being delivered until this audit
can be completed. Because, I mean, I don't know, are there 1,8007 I heard
four different numbers. Are there 1,800 or 4,300 households that are
receiving it every month? I don't know, but it's $4.00 per trip, that' I've
heard.
Mr. Odio: I mean, if it's the wish of the City Commission that...
Mr. Plummer: I'm concerned of the people who are not going to be able to
receive that food who is presently depending on it today. That's my area.
Mr. Castaneds: Commissioners, let me explain how it is being structured up to
now.
Mr. Plummer: No, no, I want the resolution because I want to know why the
administration did not follow what I thought was the intent of this
Commission.
Mr. Castaneda: We're getting the resolution...
Mr. Plummer: Please, I'd like to have that.
Mr. Castaneda: ... but let me explain how it is structured. Basically we
cover the costs of one staff right now. At one time or another, we were
covering more than one staff and some of the costs associated with the buying
of the food which is twelve...
Mr. Plummer: Their staff.
Mr. Castaneda: Right, which is twelve cents a pound.
Mr. Plummer: That's not what I understood, it was never my intent.
Mrs. Kennedy: That was never the intent of the program.
Mr. Plummer: I want to see the resolution this Commission passed. It was
clear in my mind, without question that that money was to be used for
transporting to the needy people.
Mr. De Yurre: J.L., your concern is to the people not getting deliveries
because there wouldn't be anybody to pay for the delivery. According to their
statements here, about 85 to 90 percent of the people pay up the $4.00 anyway.
So that is taken care of, the delivery charge.
Mr. Plummer: OK, that's fine, but in those areas that the people can't afford
to pay, Victor, is where I'm concerned.
120 March 10, 1988
I
Mr. De Turre: Ten percent, Which is basic...
Mr. Plummer: I'm concerned, OK?
Mr. De Yurre: I think that - you know, I understand your concern, but our
exposure would be even greater if we would actually move into the operation to
review the cans.
Mr. Plummer: Well, OK, I understand what you're saying very, very clearly
whether we would put someone in there who is an expert in the food area until
the audit is completed, which shouldn't be more than two more weeks.
Mr. Castaneda: But let me clarify something because we're talking more than
an audit, you know. An audit of our funds, in my opinion, will disclose very
little because most of the problems that you're concerned about lie outside of
that area, Commissioners. And some of these things that I have my staff
starting to do, is to do a survey of the recipients to find out how satisfied
they are with the food. You know, we have a partial survey...
Mr. Plummer: That was not... Frank, that was not what this Commission was
involved in. The survey of the food was not involved in the monies which we
sent.
Mr. Castaneda: No - no, no, Commissioner, we're doing that now.
Mr. Odio: No, no. No, no. Wait, wait. Excuse me, excuse me. Commissioner,
when I ordered the audit and the part of the audit that he's doing is to check
the customers to see if they found any of the rotten food or whatever, as we
heard...
Mayor Suarez: Sure, see if they can verify any of the allegations that were
actually...
Mr. Odio: Yes.
Mr. Castaneda: The survey is being done to determine whether the customer is
happy with his services.
Mr. De Yurre: HRS is doing that. HRS is conducting the investigation.
Mayor Suarez: Well, do you want... does that mean, Commissioner De Yurre,
that you don't want us to check into it? I mean...
Mr. De Yurre: Well, right now what I would like to do is to stop any further
funding to cut off our exposure in this situation and, at least, we've got to
wait till HRS concludes their investigation to see what their conclusions are
and then we can make a determination whether we want to continue funding or
not.
Mr. Sanchez (Off mike): A point, if I may. I have a letter signed by Mr.
Walter Livingston, I don't have copies....
Mayor Suarez: What does it say, that's fine.
Mr. Sanchez (Off mike): The letter says....
Mayor Suarez: Who's Mr. Walter Livingston and why should we care what he says
at this point?
Mr. Sanchez: No, he's the person that is checking the food, the...
Mr. Odio: Walter Livingston...
Mr. Sanchez: ... cheese that it was allegedly incorrect.
Mr. Odio: Excuse me...
Mr. D'Mant: I have a copy of the reports here.
Mr. Odio: ... when we were feeding the Mariel refugees, Mr. Livingston would
come in and check the food out with a thermometer and make sure...
121 March 10, 1988
Mayor Suarez: who does he work for? Is he Department of Agriculture?
Mr. Odio: He's in charge of Dade County Health.
Mayor Suarez: OK, Dade County Health, fine. All right, what does the
Commission want... nope, no more argument from the parties. Let's just see
what the Commission wants to do here, what it makes sense for us to do.
You've got a motion that would paralyze totally any funding from our...
Mr. De Yurre: There's only like $9,000 left anyway.
Mayor Suarez: Right, that would not allocate any more monies. Commissioner
Plummer's suggesting that we simply assign someone to check on the food while
the audits and investigations are completed, including HRS and, of course, our
own audit.
Mr. Plummer: well, Mr. Mayor, I would limit that only to those parties who
can't afford to pay. I'm not concerned about the people who can pay, they're
fine, their deliveries are going to go on, OK? Now, but I'm concerned of
those families, the 10 percent, if it's 400 or whatever that number is, I'm
concerned that they're not going to have the availability of that food.
That's my area of concern. So I'm not concerned about paying for everybody,
just the needy.
Mrs. Kennedy (Off mike): And I can understand that.
Mr. D'Mant: Mr. Mayor, excuse me, please.
Mayor Suarez: No, no, no, no, no. Now the Commission's got to contemplate
here and...
Mr. D'Mant: I just need to tell you one thing.
Mayor Suarez: ... decide something.
Mr. D'Mant: I just need to tell you one thing, if I may.
Mayor Suarez: We have many, many items, Carlos. If the Commissioner wants to
hear you...
Mr. D'Mant: Just one thing, just one thing. I am only going to ask you...
OK.
Mayor Suarez: ... that's fine, but for me, I'm not interested in anything
further on this item.
Mr. D'Mant: Commissioner, could I speak please, just for one second?
Mayor Suarez: Do you want to hear?
Mr. De Yurre: One more thing and that's it.
Mr. D'Mant: I would like to ask the Commission, as a City of Miami resident,
a complete investigation to this agency regarding the City, not only the HRS
but the City to see the fundings where is the money going?
Mr. Plummer: No question.
Mr. D'Mant: I thank you, I thank you for that.
Mayor Suarez: That's exactly what we're going to check.
Mr. Plummer: No question, no question about that.
Mr. D'Mant: Deeply into the City of Miami into that agency, check by check.
Mr. Plummer: Carlos, you heard...
Mr. D'Mant: I ask you that.
Mr. Plummer: Carlos, you heard me say when I started to speak that enough red
flags have been waved to say that we must look into it as well as HRS.
122 March 10, 1986
Mr. D'Mant: I know.
Mr. Plummer: No question about that.
Mr. D'Mant: I know.
Mr. Plummer: I am only concerned in the area of the needy.
Mr. D'Mant: That's what I'm concerned and that's what I represent. I could
have brought you 10,000 people with this rotten food but I didn't bring
anyone, I just brought myself. They just brought two or three people, that's
good for them. I'm representing the majority of the people.
Mr. Plummer: Mr. Manager, is there any way... huh? Is there any way, Mr.
Manager, that we could, until the audit is completed, to deliver the food and
check the food on those who are of need?
Mr. Odio: Since the name Livingston came up, I could call him today and he's
an expert on food to inventory the warehouse and that we monitor the delivery
of this food with our people. If that's what you want.
Mr. Plummer: Only to the people who can't afford to pay.
Mr. Odio: Fine, is that what you so instruct?
Mayor Suarez: Well, Commissioner De Yurre is suggesting that...
Mr. De Yurre: How do you identify those people?
Mr. Odio: But I'd rather have Dade County's Health inspect that food because
I don't have no ex...
Mayor Suarez: Yes, I'm not sure we want to get into the business of
Inspecting food, particularly those kinds of amounts of food.
Mr. Odio: Well, I don't want to do that, but let them do it.
Mr. De Yurre: The only way that I would be in accord with going with what
you're saying is that we get a clean bill of health from the County saying
that it's OK...
Mr. Plummer: It's got to be! Got to be.
Mr. De Yurre: ... the City ain't got no problem, you can go ahead.
Mr. Odio: I'll call Mr. Livingston today...
Mr. Plummer: Got to be.
Mr. Odio: ... and ask him to inspect that food immediately.
Mayor Suarez: OK, how about this, between this Commission and the next
meeting of the Commission, we would like you to check with the County as to
their perspective on the health aspect of this whole controversy, all of...
Mr. Odio: Well...
Mayor Suarez: ... all of the other aspects of the motion made by the
Commissioner and of our concern including...
Mr. Odio: I'd like to...
Mayor Suarez: ... and of our concern including the complete audit, even check
by check... obviously, any City of Miami employees involved and etc., etc.,
we'd have to check out.
Mr. Odio: Can I ask a question? If Mr. Livingston determines that the food
Is in good condition, what do you want us to do then?
Mayor Suarez: I would say report that back to us at the next Commission
meeting.
123 March 10, 1988
9
E
Mr. Odio: We don't meet until the 24th, so... OK? Yes, sir.
Mr. Dawkins: Madam City Attorney, didn't you say that the City of Miami is
liable period? I mean, for whatever the City pays to be delivered and if
someone should die and they decided to sue the City, that the City is liable,
In that what you said?
Mrs. Dougherty: Mr. Commissioner, I think that because the City is probably
the only entity that has any money, I'm sure that we would be brought into it
and sued if somebody were to be injured or somehow hurt because of the food.
There's no question that we would be one of the parties. I can't tell you
that I think we would necessarily be liable after going to court.
Mr. Dawkins: But we could be... all right, now, I'll put you on the spot. In
the event that we were brought in as one of the...
Mrs. Dougherty: Parties.
Mr. Dawkins: ... parties, all right, would it possibly end up where we would
be paying a nuisance settlement of $5,000 or $6,000 just to stay out of court?
Mrs. Dougherty: Could be.
Mr. Dawkins: Ma'am?
Mrs. Dougherty: Could be, it would cost us that much to go to trial.
Mr. Dawkins: So, therefore, we are liable.
Mr. Plummer: Could be.
Mr. Dawkins: Could be.
Mr. Plummer: Anybody with $27.00 can file a lawsuit about anything.
Mrs. Dougherty: Seventy-three now.
Mayor Suarez: Do you understand the request, Mr. Manager, or do you want to
make it into the form of a motion, Commissioner?
Mr. Odio: I'd like to get it spelled out so that...
Mr. De Yurre: Well, the way I'd like it to read is that no money be given
from this point forth until we meet again or until we get a report from you to
the effect that that food is in proper shape to be distributed and we get
something in writing from the proper authorities.
Mr. Odio: Yes, we will.
Mayor Suarez: That's in the form of a motion. Do we have a second?
Mr. Plummer: What does that do between now and the next meeting two weeks
from now?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Huh?
Mayor Suarez: Yes, we're not paying money, we don't actually do the
distribution and we're not telling them not to distribute, are we?
Mr. Odio: Are we telling them not to distribute the food that they have in
the warehouse.
Mayor Suarez: I thought we were just holding back on disbursements.
Mr. De Yurre: Well, they can do whatever they want, we got no control over
that.
Mr. Plummer: They can do whatever they want, just not with our money.
124 March 10, 1988
9 9
Mr. Odio: Well, provided that we put on the record we are not responsible for
that food, Mr. D'Mant.
Mr. D'Mant: That's what I'm asking.
Mr. Odio: And the City has nothing to do with this food that it's going to be
distributed...
Mr. D'Mant: That's wha• " m asking. If they want to deliver the food, that's
OK.
Mayor Suarez: That's in the record, that's in the record, believe me. OK,
that's in the form of a motion? Do we have a second? No seconds?
Mr. Plummer (Off mike): The problem is still the same.
Mr. De Yurre: There's still going to be delivery.
Mr. Plummer: How about if we modify that, Victor. How about that no food
deliveries are made until an absolute clean bill of health is issued by the
Dade County Health Department and then, at that time, only such deliveries
with Miami money would be made to those who cannot afford to pay the delivery
fee. In other words, we're establishing they must establish that there is a
hundred percent clean bill of health. Then, if that's within the next two
days or three days, they can deliver that food to the people who cannot afford
it. That's the only area of concern I have. What you're saying is that no
deliveries for two weeks, period.
Mr. De Yurre: I'm not saying no deliveries, they can do whatever they want
because we have no control over them. They're an entity apart from the City
of Miami. All I'm talking about is our money going to them.
Mayor Suarez: You know, it obviously would not stop them from functioning
because we've been paying them money to staff, so, you know...
Mr. De Yurre: They're going to continue delivering.
Mayor Suarez: ... for the next two weeks, it's not going to stop them from
functioning, J.L.
Mr. Plummer: Possibly and if it's a monthly delivery, OK. I'll go along with
it for two weeks.
Mr. Castaneda: Commissioner, just for the record, the contract expires in, I
believe, next week, anyway...
Mayor Suarez: If they don't get a clean bill of health, the contract's
obviously not going to be renewed. OK, we have a motion. Do we have a
second?
Mr. Plummer: Yes, I'll second.
Mayor Suarez: Any discussion? Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-227
A MOTION DIRECTING THE CITY MANAGER TO STOP ANY
FURTHER DISBURSEMENT OF FUNDS TO THE SOCIAL ACTION
AGENCY OF LITTLE HAVANA IN CONNECTION WITH THE
AGENCY'S DISTRIBUTION OF FOOD TO THE NEEDY UNTIL: (a)
THE CITY COMMISSION MEETS AGAIN TO HEAR A REPORT FROM
THE CITY MANAGER WHICH WOULD CONFIRM THAT SAID FOOD IS
IN PROPER CONDITION FOR DISTRIBUTION, AND (b) A CLEAN
BILL IS RECEIVED BY THIS CITY FROM THE APPROPRIATE
GOVERNMENTAL AGENCY REGULATING THIS ISSUE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
125 March 10, 1988
9
s
ATES: Comissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. D'Mant: Thank you.
42. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: "HOUSING
DEVELOPMENT GRANT PROGRAM-1987". APPROPRIATE FUNDS RECEIVED FROM U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO PROVIDE CONSTRUCTION
FINANCING TO "DESIGN MANAGEMENT VII ASSOCIATES" (125-UNIT RENTAL
DEVELOPMENT FOR THE ELDERLY).
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Mayor Suarez: Item 51. It's a UDAG grant, I guess. What is 51, Frank or
Jerry?
Mr. Jerry Gereaux: Fifty-one...
Mr. Odio: Establishing a special revenue fund, housing development grant
fund.
Mr. Gereaux: Fifty-one is a housing development grant funded loan...
Mayor Suarez: This Overtown Park/West?
Mr. Dawkins: Hell no.
Mr. Gereaux: No, loan for an ACLF, an adult congregate living facility that
we got from the federal government.
Mayor Suarez: That's the one in Blue Lagoon?
Mr. Gereaux: Yes.
Mr. Plummer (Off mike): Move it.
Mayor Suarez: I'll entertain a motion on 51.
Mr. Plummer: Move it.
Mrs. Kennedy: Yes, I'll second.
Mayor Suarez: Moved. Seconded. Any discussion?
Mr. Dawkins: Yes.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Under discussion I'm going to say again, and I want the records
to reflect we continue to take UDAG and HODAG grants and put them in this
area, right? Don't bring another one in here unless you got it in one of
these other areas. You guys keep running in here with UDAG... HODAGs and
UDAGs at the last minute and say, if we do not apply for this, we lose the
money and we need housing badly, OK? Now you go find some people now and get
some UDAG grants and HODAG grants filled out and ready to mail so that when
time come for submission, all we got to do is put them in the mail.
Mr. Gereaux: Yes, air.
Mayor Suarez: We have a motion and a second.
the ordinance. Call the roll.
Any further discussion? Read
126 March 10, 1988
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "HOUSING DEVELOPMENT GRANT PROGRAM - 1987,"
APPROPRIATING FUNDS IN THE AMOUNT OF $4,650,000 FROM
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR THE PURPOSE OF PROVIDING CONSTRUCTION FINANCING TO
DESIGN MANAGEMENT VII ASSOCIATES, DEVELOPER/OWNER OF
AN ONE HUNDRED TWENTY-FIVE (125) UNIT RENTAL HOUSING
DEVELOPMENT FOR THE ELDERLY; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
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.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I'm voting yes reluctantly, but we need housing, but I will not
vote yes on any others unless they're in a needed area.
Mr. De Yurre: Before I vote on this, who's going to be doing the building on
this?
Mayor Suarez: Who is the developer/applicant?
Mr. Dawkins: Design Management VII is the...
Mr. Gereaux: The developer is a corporation called Design Management
Investments. The principal is Israel Bigelman and Mauro Hernandez. There are
two principals.
Mr. De Yurre: OK, yes.
43. FIRST READING ORDINANCE: AMEND SECTIONS 1 AND 6 OF 10321 - INCREASE
APPROPRIATION TO DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES.
Mayor Suarez: Item 52.
Mr. Plummer: With pleasure, Mr. Mayor. This is the one that I raised holy
hell about when the county school board didn't want to give us any money.
They have now seen the light and learned to love it and we're getting found
cash of $378,000 and it is my pleasure.
Mrs. Kennedy: Second.
Mr. Dawkins: Sec...
Mayor Suarez: Moved and seconded and thirded.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
127 !larch 10, 1988
Mr. Plummer: You went more?
Mr. Dawkins: No. Now this is money that's a gift, OK.
Mr. Plummer: A gift?
Mr. Dawkins: And we should have a recreation budget that's funded. But
because we got $378,000, instead of our recreation budget being what we funded
plus, then you go and tell me that because you allocated $91,000 for Tacolcy
and/or, then you're going to take the $375,000 and appropriate it to the
budget of Parks, Recreation and Public Facilities Department to do what with?
Mr. Odio: Well, it's added to the budget. The first thing that, the $91,000,
Commissioner, was added to the budget. We didn't have the funds in the budget
when the money was given to Belafonte, so this monies is going to pay for the
$91,000 as part of the Parks A Recreation budget and the rest of the money is
part of the Parks 6 Recreation budget; especially the part time temporary
people we need for the summer program.
Mr. Dawkins: Summer project. Do what for the summer?
Mr. Odio: We need to hire part time people.
Mr. Dawkins: You need to hire what?
Mr. Odio: Part time employees to handle the recreation programs we have in
the summer.
Mr. Dawkins: Well, what's wrong with the part time employees that we're
getting as summer employees?
Mr. Odio: We also put them to work, Commissioner.
Mr. Dawkins: Beg your pardon?
Mr. Odio: They'll also be put to work. We don't have enough people to handle
all the parks.
Mr. Dawkins: Look, don't remind me.
Mr. Odio: Yes, I know, sir.
Mr. Dawkins: OK, I've been saying ever since I'm sitting here that the Parks
6 Recreation is understaffed, OK?
Mr. Odio: The money - let me...
Mr. Dawkins: And it ain't going to never get staffed as long as we keep
piecemealing it like this.
Mr. Odio: Let me explain this grant. This was something that was worked out
with the school board because they were using our parks for their recrea...
Mr. Dawkins: At our insistence, that J.L. said, OK, all right? You and the
rest of administration was going to give it to the school board free, all
right, and we said, no, let's get paid for it. Now we've gotten paid for it,
the only thing I'm saying to you, Mr. Manager, is because it's a gift, I don't
see where it should be used to offset costs of the City of Miami. It should
be used to complement cost to the City of Miami, that's all I'm saying. Move
fifty...
Mayor Suarez: Read the ordinance. We got a motion already. Call the roll.
128 March 10, 1988
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE
NO. 10321, ADOPTED SEPTEMBER 22, 1987, THE ANNUAL
APPROPRIATIONS ORDINANCE, FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1988, BY INCREASING THE APPROPRIATIONS
TO THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES BY $378,000, AND BY INCREASING REVENUES IN
THE SAME AMOUNT FROM DADE COUNTY SCHOOL BOARD LEASE
PAYMENTS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
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.
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44. FIRST READING ORDINANCE: AMEND SECTION 1 OF 10347 - ESTABLISH NEW
PROJECT: "NORTHWEST RIVER DRIVE ACQUISITION PROJECT KREIDT PROPERTY".
Mayor Suarez: Item 53.
Mr. Odio: This is amending the CIP ordinance by establishing the project at
N.W. North River Drive acquisition project. This is to purchase the Kreidt
property in the amount of $34,000...
Mayor Suarez: I'll entertain a motion. Fifty-three.
Mr. Plummer (Off mike): Where is this property?
Mr. Odio: The property's on the river between - I have the address here - 300
S.W. North River Drive.
Mayor Suarez: The improvement on the north side of the river there.
Mrs. Kennedy: Move it.
Mr. Odio: One of the waterfront properties in the river.
Mr. Plummer: But is it contiguous to a park?
Mr. John Gilchrist: Sir, it's a landlocked parcel within our City owned
property. The Commission ordered us...
Mr. Plummer: Is it by Jose Marti?
Mayor Suarez: It's by Lummus, it's the closest to Lum...
Mr. Gilchrist: Across the river. It's adjacent to the I-95 overpass and the
Commission ordered us to do an RFP on that piece of property sometime back and
we felt we had to acquire this in order to do it. We will regain the value of
that in the RFP process, sir.
Mrs. Kennedy: Move it.
Mayor Suarez: OK. Moved and, do we have a second?
129 March 10, 1988
Mr. Plummer: Second.
Mayor Suarez: Any discussion? Read the ordinance if it's an ordinance. Yes,
it is. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10347, ADOPTED NOVEMBER 19, 1987, THE CAPITAL
APPROPRIATIONS ORDINANCE, BY ESTABLISHING THE PROJECT
ENTITLED "NORTHWEST RIVER DRIVE ACQUISITION PROJECT -
KREIDT PROPERTY", PROJECT NO. 419002, IN THE AMOUNT OF
$34,000 AND APPROPRIATING FUNDS FROM PROPERTY 6 LEASE
MANAGEMENT'S ENTERPRISE FUND - RETAINED EARNINGS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
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.
45. A) AUTHORIZE OFFER TO WALLACE KREIDT (300 S.W. NORTH RIVER DRIVE)
REGARDING A UNIFIED DEVELOPMENT PROJECT FOR THE NORTHWEST RIVER DRIVE
PROJECT.
B) DIRECT CITY ATTORNEY TO PREPARE DOCUMENTS PATTERNED AFTER STATE OF
FLORIDA'S "FRIENDLY TAKING" PROCEDURES REGARDING OFFERS TO BE MADE WHEN
TAKING PROPERTY.
Mayor Suarez: Item 54 is a companion item. I'll entertain a motion on that.
Mrs. Kennedy: Move it too.
Mayor Suarez: Moved, do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
Mr. Dawkins: Under discussion.
Mayor Suarez: Yes, Commissioner.
Mr. Dawkins: Mr. Manager, what does this mean having provisions for a bonus
to the property owner and why are we going to pay the property owner a bonus?
Mr. Plummer: You always do, 10 percent.
Mr. Dawkins: Why?
Mr. Plummer: To keep it out of court.
Mr. Al Armada: Well, Commissioner, the bonus that we're going to pay here, I
think, is about a little less than $4,000. It stems from a very old
resolution that the City has that provides small bonuses on the basis of the
130 March 10, 1988
appraised value so that it basically gives an incentive, an additional
incentive for the property owner to sell. I believe that at $34,000, that is
A good price to offer this gentleman for the property. I don't think it's
worth more than that. I think $34,000 is a fair offer to pay.
Mr. Dawkins: All right, on the $34,000, what amount Mould the bonus be?
Mr. Armada: The amount of bonus is exactly, let me see, $2,600.
Mr. Dawkins: Which would make us get the land for about $37,000.
Mr. Armada: No, no, no, no, $34,000.
Mr. Dawkins: Thirty-four thous...
Mayor Suarez: You don't think you need the bonus in this case is what you're
saying.
Mr. Dawkins: OK.
Mr. Armada: No, no, the appraised value, I'm sorry, the appraised value is
thirty-one thousand...
Mayor Suarez: Of course, once we've said on the record that we're approving a
bonus, you wonder...
Mr. Armada: The appraised value is $31,400. That is the appraised value.
The bonus would increase it to $34,000.
Mayor Suarez: OK.
Mr. Dawkins: OK.
Mayor Suarez: All right.
Mr. Dawkins: No further questions.
Mayor Suarez: Call the roll. Commissioner.
Mr. De Yurre: Al, how come we had a $20,000 appraisal also?
Mr. Armada: We do have a $20,000 appraisal. We had two appraisals on this
piece of property, one for $20,000 and one for thirty-one.
Mr. Dawkins (Off mike): I got a problem with this, I don't give a damn about
Mr. Odio (Off mike): OK.
Mr. Dawkins (Off mike): As long as I sit here, he'll never get a job up here.
Mr. Odio (Off mike): And so what do you want me to do? Leave it on for the
Mr. Dawkins (Off mike): Pull it, I don't care.
Mr. Odio (Off mike): I don't want to delay the second phase. So why don't
you just tell me to
Mr. Dawkins (Off mike): OK, all right, OK, OK.
Mr. De Yurre: How could there be such a difference?
Mr. Armada: There can be such a difference, in my opinion, when I reviewed
these two appraisals, I believe the $31,000 one is closer to the fair market
value, you know, I'm basically offering the highest appraised value and I'm
offering a bonus on top of that to basically get the property owners to sell
to us.
131 !larch 10, 1988
Mr. De Yurre: OK.
ox. raummer: That scares... A1...
Mr. Armada: Yes, sir.
Mr. Plummer: I got to tell you something, that scares me. That scares the
living hell out of me when you go have two appraisals and you are making a
determination as to what is fair. Now let me tell you something, Mr. Manager,
what you better look into and start thinking about adopting is what the State
of Florida calls a friendly taking. Under a friendly taking, they are bound
by two appraisals divided by two and they cannot offer more than 10 percent
above the mean of the two appraisals. That's not - no, he took the high
appraisal. There was $11,000 difference between the two. It's dangerous when
one man in this administration is making a decision as to what he thinks is
fair.
Mr. Odio: You're right, you're right.
Mr. Plummer: And I don't want you in that position. I'm trying to protect
you, but I'll tell you something, Mr. Mayor, when this item is finished, I am
going to make a motion that this City Commission binds itself by the same
rules and regulations of the State of Florida. That is a damn good rule and
regulation. It can work for you, it can work against you, but no one can
question that a single individual made a decision.
Mayor Suarez: Call the roll on this motion and we'll get to the proposed
ordinance.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-228
A RESOLUTION AUTHORIZING AN OFFER TO BE MADE TO
WALLACE KREIDT, OWNER OF PROPERTY (THE KREIDT
PROPERTY) LOCATED AT 300 SOUTHWEST NORTH RIVER DRIVE,
IN CONNECTION WITH A UNIFIED DEVELOPMENT PROJECT FOR
THE NORTHWEST RIVER DRIVE PROJECT, SAID OFFER TO BE
MADE AT THE HIGHEST APPRAISED VALUE, AND MAKING
PROVISIONS FOR A BONUS TO THE PROPERTY OWNER, FUNDS
THEREFOR BEING ALLOCATED FROM THE NORTHWEST RIVER
DRIVE ACQUISITION PROJECT, CAPITAL IMPROVEMENT PROJECT
NO. 419002.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Mr. Mayor, I make a motion at this time that the City Commission
instruct the City Attorney to prepare the proper resolutions to put this City
under the same rules and regulations as the State of Florida for a friendly
taking to come back to this Commission at its earliest date. I so move.
Mayor Suarez: So moved.
Mrs. Kennedy (Off mike): Makes a lot of sense to me, second.
Mayor Suarez: Any discussion? Call the roll.
132 March 10, 1966
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-229
A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE THE
APPROPRIATE LEGAL INSTRUMENT, PATTERNED IN THE SAME
MANNER AS THE STATE OF FLORIDA'S "FRIENDLY TAKING"
PROCEDURES, WHEREBY THIS CITY WOULD BIND ITSELF TO
ACCEPT A PROPERTY EVALUATION BASED ON A MINIMUM NUMBER
OF APPRAISALS AND NEVER OFFER MORE THAN 10% OVER THE
MEAN OF SAID APPRAISALS WHEN TAKING PROPERTY.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
46. FIRST READING ORDINANCE: AMEND SECTION 1 OF 10349 - SPECIAL REVENUE
FUND: "EMERGENCY SHELTER GRANT-FY '88" - APPROPRIATE FUNDS FOR OPERATION
OF SUM RECEIVED FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
-------- ---------------------------------------------------------------------
Mayor Suarez: Item 55.
Mr. Dawkins: Why are we increasing the $32,000 when this was...
Mr. Odio: This is allocating the original $203,000 to private non-profit
agencies, Christian Community Service Agency by $173,000 to establish a
shelter for homeless families and Social Action of Little Havana for $30,000
to provide a food distribution program with surplus food and sundry items.
Mr. Dawkins: What was the amount of the grant from the federal government?
Mr. Frank Castaneda: Basically what we're doing here is we're...
Mr. Dawkins: What was the amount of the grant from the federal government?
Mr. Castaneda: Two hundred and three... two zero three, two zero three, two
hundred and three.
Mr. Dawkins: Two zero three, all right.
Mr. Castaneda: Right.
Mr. Dawkins: And that was the money that we said that we were going to give
and not get involved in anything else because we didn't have any more money.
And now you're coming before me telling me that we're going to add $32,000 and
that's not what you told me.
Mr. Plummer: Where's it coming from?
Ms. Francena Brooks: No, no, no. No, no, no. This is...
Mayor Suarez: This is the money for the same thing we just been fighting
about all day, isn't it?
Ms. Brooks: No, no, no.
Mayor Suarez: We're approving it after the fact, go ahead.
133 March 10, 1988
Ms. Brooks: When the McKinney Homeless Assistance Act was passed, there were
two sets of appropriations in fiscal year '88. The $203,000 that we talked
about several months ago of which $173,000 was allocated to CCSA and $30,000
to Social Action were allocated from that - we have since been notified that
the last little piece of it is now available. It's an entitlement allocation
of $32,000 which the federal government gives to us as the $203,000. So what
this ordinance would do would amend the ordinance which appropriated by the
two zero three by increasing it by thirty-two.
Mr. Dawkins: By accepting the $32,000 from the federal government. OK, well
then it doesn't say that, OK?
Mayor Suarez: Right, in affect.
Mr. Odio: That's right, so...
Ms. Brooks: Right, right and there's a companion resolution to that effect.
Mr. Odio: Excuse me, Commissioner, what she's saying is you have now $32,000
that has to be allocated to someone.
Ms. Brooks: Right, right.
Mayor Suarez: Right.
Mr. Dawkins: I understand... she's speaking perfect English although you may
not think so and I think well of what she's saying...
Ms. Brooks: Yes.
Mr. Dawkins: ... but all I'm saying is that I wish it would read an
additional $32,000 from the federal government and not appropriations, by
increasing their appropriations.
Ms. Brooks: Yes, it would have been clearer if we had put the resolution
first, I think, authorizing the City to apply for the money and accept the
grant and then appropriate the money. Which is the next item, OK?
Mayor Suarez: We're increasing the total amount by thirty-two. I'll
entertain a motion on 55.
Mr. Dawkins: No. OK, go ahead. I don't know what we're - go ahead.
Mayor Suarez: Nobody is going to move 557
Mr. De Yurre: I'll move.
Mayor Suarez: Moved. I'll second. Do anything to keep this moving.
Mrs. Kennedy: Moved and second. Any further discussion? Call the roll,
please.
Mr. Dawkins: Under discussion.
Mrs. Kennedy: Read the ordinance.
Mr. Dawkins: I'm going to vote against this just like I did before, and not
that I'm against providing emergency shelter but as I said, and no one out
there in the community seems to understand, it is Dade County's responsibility
to care for the indigent. It is not ours and I still feel that Dade County
should have been given the $235,000 and more people would have been served by
the combination of resources than by us doing it separately, so I'll be...
Mr. Plummer: All we're doing is just paying more administrative, that's all.
Mr. De Yurre: Can't we pass the money over to Dade County?
Mr. Plummer: Excuse me?
Ms. Brooks (Off mike): No, no, no, no.
Mayor Suarez: Well, we tried that, we tried that.
134 !larch 10, 1988
Mrs. Kennedy: Yes, we tried that.
Ms. Brooks: No, the money... well, we allocated the money to two not -for -
profits, you allocated the money to two not -for -profits and it's our
recommendation that that same kind of action be taken here once the grant is
actually approved and the ordinance is here for first reading and the
companion resolution would permit us to submit the paper work to HUD so the
money is not lost to Miami which Miami is entitled to. Which is as it was
before also.
Mr. Plummer: You're letting the federal government off the hook and you're
letting Dade County off the hook.
Ms. Brooks: And we would come back with recommendations to you.
Mr. Plummer: You're letting both agencies off the hook by accepting this.
Ms. Brooks: No, well Dade County's also receiving a grant. They'll get an
extra $42,000.
Mr. Plummer: Well, let me tell you something, OK? I hope you're around next
year because I'm going to be when these grants don't come forward and those
same people are going to be looking to this City for $235,000 we don't have.
Maybe not next year but the year after. It's exactly where we are with
federal revenue sharing. It's gone and those hungry people are looking for
food and we don't have the money.
Ms. Brooks: But your condition of the grant was that they have to operate it
themselves because our money was for rehab.
Mr. Plummer: Hey, the many with a hungry stomach doesn't give a damn.
Ms. Brooks: Well, that's true.
Mr. Plummer: All he worries about is where his next meal is coming from.
Mrs. Kennedy: Read the ordinance.
Mr. Plummer: Excuse me, I'm still waiting for the ordinance on the rotten
cheese.
Ms. Brooks: Here it is, the resolutions...
Mayor Suarez (Off mike): Well, read this ordinance, let's get this one over
with.
Mr. Plummer: Go ahead, read the ordinance.
Mrs. Kennedy: Yes, read the ordinance.
COMMENTS MADE DURING READING OF THE ORDINANCE:
Mr. Plummer: It's very clear.
COMMENTS MADE AFTER READING OF THE ORDINANCE:
Mr. Plummer: Great. Sir, go ahead, I'm going to put it on the record. It's
very clear.
Mayor Suarez (Off mike): Call the roll.
Mr. Plummer: I'm going to read it in the record.
Mrs. Dougherty (Off mike): You have a very good memory.
135 March 10, 1988
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10349, ADOPTED NOVEMBER 19, 1967, WHICH ESTABLISHED A
SPECIAL REVENUE FUND ENTITLED: "EMERGENCY SHELTER
GRANT (FY'68)", APPROPRIATING FUNDS FOR OPERATION OF
SAME IN THE AMOUNT OF $203,000 FROM U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (USHUD), BY INCREASING
THE APPROPRIATION BY $32,000 TO $235,000.
Was introduced by Commissioner De Yurre and seconded by Mayor Suarez and
passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
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.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Yep, no, no, I'm sorry. On this particular, no, I'm going, in
the same way I'm going to voice my objection and I hope HUD is listening, that
I'm voting no. That they are shirking their responsibility, this is a drop in
the bucket. It is letting them off the hook so they can say they have done
something for the homeless and they've done a token. I'm voting no for a
token.
47. AUTHORIZE MANAGER TO SUBMIT APPLICATION TO U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT IN ORDER TO INCREASE THE CITY'S EXISTING EMERGENCY
SHELTER GRANT - AUTHORIZE MANAGER TO ACCEPT ADDITIONAL GRANT AND ENTER
INTO AGREEMENT.
Mayor Suarez: Fifty... do you have something to...
Mrs. Kennedy: Six.
Mr. Plummer: There's a companion 56, Mr. Mayor.
Mayor Suarez: Fifty-six is a companion item. I'll entertain a motion on 56.
This is the actual allocation of the funds or authorizing submission of the
application.
Mr. De Yurre: Move.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll on 56.
136 March 10, 1968
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-230
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO INCREASE THE CITY'S EXISTING EMERGENCY
SHELTER GRANT OF $203,000 FROM THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (USHUD) BY $32,000 TO
$235,000; AND FURTHER AUTHORIZING THE CITY MANAGER TO
ACCEPT THE ADDITIONAL GRANT UPON APPROVAL FROM USHUD AND
ENTER INTO THE NECESSARY IMPLEMENTING AGREEMENT WITH USHUD
FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None.
NOTE FOR THE RECORD: The City Clerk conferred with Commissioner Plummer, who
indicated that although he voted affirmative on the record, he meant to vote
no and he authorized the Clerk to amend the record.
------------------------------------------------------------------------------
46. BRIEF CLARIFYING COMMENTS BY COMMISSIONER PLUMMER REGARDING THE
CONTROVERSY CONCERNING SOCIAL ACTION AGENCY OF LITTLE HAVANA'S
DISTRIBUTION OF FOOD TO THE ELDERLY (SEE LABEL 41).
Mayor Suarez: 57.
Mr. Plummer: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. Plummer: May I read into the record now that everybody is calmed down on
the other program about the bad food. I just want to read it into the record,
and this was 87-1045: "A resolution allocating $30,000 from the '87 Emergency
Shelter Grant from the U.S. Department of HUD and Urban Development previously
appropriated by the ordinance to Social Action of Little Havana, Inc. to
provide a food distribution program for the homeless." Food distribution, it
is very clear.
Mrs. Kennedy: Which is a separate matter altogether. Have they hooked up
with the homeless, Frank?
Ms. Francena Brooks (Off mike): Yes, they have. They are providing food to
Better Way Foundation and a couple of other agencies which serve the homeless.
And they have been very pleased with the services.
Mr. Plummer (Off mike): I knew I remembered what I remembered.
Mrs. Kennedy (Off mike): Yes, I know. I knew it wasn't salary.
Mrs. Dougherty: Thank you.
Mayor Suarez: Do we have a motion on that?
Mr. Plummer: No, there's no motion, I just wanted to put it on the record.
137 March 10, 1988
Mrs. Kennedy: No, clarification.
Mr. Dawkins: No motion, he just put that in the records.
------------------------------------------------------------------------------
49. A) EXECUTE AMENDMENT TO AGREEMENT WITH PANCOAST ALBAISA ARCHITECTS -
EXPAND SCOPE OF SERVICES TO INCLUDE A PROGRAM DEVELOPMENT AND NEEDS
ASSESSMENT ANALYSIS FOR THE CITY ADMINISTRATION BUILDING -PHASE II.
B) IN ADDITION, DIRECT ADMINISTRATION TO ENTER INTO AGREEMENT WITH
DELOITTE HASKINS 6 SELLS TO DO AN ECONOMIC FEASIBILITY/NEEDS ASSESSMENT
STUDY ON THE CITY ADMINISTRATION BUILDING -PHASE II.
Mayor Suarez: Fifty-seven.
Mr. Dawkins: I move 57.
Mayor Suarez: Moved.
Mr. Dawkins: I move it. Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Dawkins: When we started talking of doing a City Hall facility for the
lack of a better word, a company did a feasibility study, submitted it because
they wanted to do the study. At that time you told me we had no money and I
went along with it, OK? Now all of a sudden, we've found money for this and
I'd like to make a motion that you go back and see if you can negotiate with
that first group to do the study instead of this group. That's my motion.
Mr. Odio: Well, Commissioner...
Mayor Suarez: So moved.
Mr. Odio: Excuse me, the first group that we were talking about was...
Mr. Dawkins: Wait, I may not get a second. We may not need to discuss it.
Mrs. Kennedy: Well, let me second for discussion because I don't remember who
was the first group.
Mayor Suarez: Seconded for discussion.
Mr. Dawkins: Go ahead.
Mayor Suarez: Why don't we use the first group on this?
Mr. Odio: The first group was a group to put together a financial package to
be able to build the administration building, a feasibility on how to build
it. This is the actual design of the...
Mr. Dawkins: Well, how are you going to do a design of a building when we
don't have the financial package together?
Mr. Odio: Well, we need to know what we're trying to find...
Mr. Dawkins: No, no, OK, I'll tell you what...
Mr. Odio: OK, if you want to...
Mr. Dawkins: OK, go ahead.
Mr. Odio: We can actually advertise for an architect.
Mr. Dawkins: No, hell no, not OK?
Mr. Odio: OK. We need an architect.
138 March 10, 1988
Mr. Dawkins: Mall then why not get the same company who did the feasibility
study to come in with an architect? Let me tell you whet my problem is, every
time I turn around you guys got Pancoast and I've told you every time I sit up
here, Pancoast does not have a good minority track record and Pancoast has
done enough work for the City of Miami and it's time that you give some more
work to somebody else out there, OK?
Mr. Odio: Commissioner, the reason...
Mr. Dawkins: All right now, either you export it that way or I'll defer it.
Mr. Odio: OK, but the reason for Pancoast was that...
Mr. Dawkins: I don't care what your reasoning for, I want you to understand
my reason for not.
Mr. Odio: OK.
Mr. John Gilchrist: He gets nothing out of his
Mr. Dawkins: My reason for not having Pancoast, I don't care what your reason
is for. OK?
Mayor Suarez: What's the motion?
Mr. Dawkins: The motion is to have the first group, when the Manager told me
he did not have any money, to do the feasibility financial study, have that
group come in with an architect and do a whole package.
Mr. Gilchrist: Commissioner, may I say something about this?
Mayor Suarez: Mr. Gilchrist.
Mr. Gilchrist: There was a remaining in the original Pancoast agreement,
$28,000 on our books in the City from back in 1980. We are not using Lester
Pancoast's office to do this. He is subcontracting to Ed Wright's office.
And now only we're doing this because the $28,000 was committed there and this
gets us directly to hiring a sub -consultant to do the program study.
Mayor Suarez: He will not participate in this...
Mr. Gilchrist: He will not participate on it, it's simply a pass through.
Mr. Dawkins: You know, every time I tell you guys that I'm not getting the
minority participation that I want, you find a way to justify not doing what I
ask you to do. I don't...
Mr. Gilchrist: But Commissioner, it's a 100 percent...
Mr. Dawkins: Well then that's all...
Mr. Gilchrist: ... contract to Ed Wright, a black minority architect.
Mr. Dawkins: I...
Mr. Gilchrist: The contract is...
Mr. Dawkins: Well, I tell you what, I defer this until I can get some
understanding on what we're doing...
Mayor Suarez: It is tabled.
Mr. Dawkins: Defer, I motion to defer.
Mayor Suarez: Do you want to table until later?
Mr. Dawkins: Yes, no, I defer it until May...
Mr. Gilchrist: March 25th?
Mr. Dawkins: May, May 12th.
139 March 10, 1988
Mayor Suarez: Move to defer until May 12th. That's the motion, do we have a
second?
Mr. Plummer: Colleague asks, I second...
Mrs. Kennedy: Second.
Mr. Plummer: ... but I would also like to know what is the scope of the
addition?
Mr. Gilchrist: The scope of it, sir, was to accomplish a clear understanding
of the program needs for the building for the City today. It's quite
different than when the study was done in those days.
Mr. Plummer: But are you talking about expanding the present building?
Mr. Gilchrist: This is for phase II of the City's Administration Building.
The original contract to Pancoast was for a master plan for a complete
building and the construction of the first phase which was 64,000 square foot.
Mr. Dawkins: OK, wait a...
Mr. Gilchrist: At that time, it was determined...
Mr. Plummer: All right.
Mr. Gilchrist: ... that it would be a 200,000 square foot addition.
Mr. Dawkins: All right.
Mr. Gilchrist: That no longer is applicable because the quantity of people in
the City and the configurations is entirely different. We need to have that
analysis.
Mr. Dawkins: All right, wait a minute. I'll move 57 with the addition that
we also let a contract with the first group to do the feasibility study and
the cost analysis of what the new building and how it is.
Mr. Plummer: New building what?
Mr. Dawkins: OK.
Mr. Gilchrist (Off mike): Mr. Manager.
Mayor Suarez: Who was the first group, by the way that he's talking...
Mr. Gilchrist: Hoskin - Herb, what was the name of the...
Mayor Suarez: What were they, an economic analysis group or what?
Mr. Gilchrist: Yes, it was...
Mr. Herb Bailey: Deloitte Haskins & Sells, the next phase was to do a need
assessment of the type of facility that we would have to have based on our
current needs.
Mr. Dawkins: And the cost analysis.
Mr. Bailey: And that was Deloitte Haskins & Sells that did the original
feasibility, economic feasibility.
Mr. De Yurre: When was that study made?
Mr. Bailey: It was made about eight months ago, Commissioner. We were...
Mr. De Yurre: And you're saying now that we have to do another?
Mr. Plummer (Off mike): Well, I don't understand, do you understand what is
the second phase supposed to be?
Mayor Suarez (Off mike): Yes, it's a second phase because it would be
adjoining the first building....
140 March 10, 1988
Mr. Plummer (Off mike): Oh, OK.
Mayor Suarez (Off mike): That's why they call it a second phase.
Mr. Bailey: Well, the facility's needs study will let this Comrmission and
administration know the type of building that we would have to build today.
Mayor Suarez: The only reason you're calling it you're calling it the second
phase is that there happens to be a building there and we think that this one
would go right next to it. That's why you're calling it second phase.
Mr. Bailey: Well, that's the original plan. The original design on the
administration building did call for a second phase.
Mayor Suarez: It was just confusing why it was being called a second phase,
we didn't really necessarily preconceive that it would be located over there
but that's where it makes the most sense, I presume.
Mr. Bailey: That's why it is being proposed.
Mayor Suarez: We own that land and it's right next...
Mr. Dawkins: And, also, Mr. Mayor, you already have the parking garage there
that we're subsidizing and...
Mayor Suarez: That's right.
Mr. Dawkins: ... and if you were to build the building where they're talking
about building it, then you could put a ramp, a walkover ramp, from the
parking garage and we'd be able to utilize the parking garage which we're
already subsidizing. That's another reason they wanted to do it down there.
Mrs. Kennedy: The second phase will just consolidate the remaining offices,
right?
Mr. Gilchrist: Yes, ma'am.
Mayor Suarez: Well, at least geographically consolidate them. OK, we have a
motion, do we have a second for that motion as modified?
Mrs. Kennedy: Do we? Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
141 March 10, 1906
•
0
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-231
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED, TO
AN AGREEMENT DATED SEPTEMBER 16, 1977 BETWEEN PANCOAST
ALBAISA ARCHITECTS (FORMERLY PANCOAST BORRELLI ALBAISA
ARCHITECTS, P.A.), AND THE CITY OF MIAMI FOR THE
PURPOSE OF EXPANDING THE SCOPE OF SERVICES TO INCLUDE
A PROGRAM DEVELOPMENT AND NEEDS ASSESSMENT ANALYSIS
FOR THE CITY ADMINISTRATION BUILDING -PHASE II; SAID
WORK TO BE PERFORMED BY WRIGHT, RODRIGUEZ 6 SCHINDLER
ARCHITECTS, P.A. AS SUBCONTRACTOR; AND FURTHER
AUTHORIZING A FEE OF $25,000 FOR PROGRAM DEVELOPMENT
SERVICES FROM AVAILABLE FUNDS APPROPRIATED TO CAPITAL
PROJECT A311001 ENTITLED "CITY ADMINISTRATION
BUILDING -PHASE II."
NOTE: At the same time, the hereinabove Resolution
was passed and adopted by the City Commission, the
City Administration was directed to enter into an
agreement with the firm of Deloitte Haskins 8 Sells to
do an economic feasibility/needs assessment study on
the second phase of this project to determine the type
of facility we would need to construct based on the
City's current needs (see Motion 88-231.1).
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-231.1
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE FIRM OF DELOITTE
HASKINS 6 SELLS TO DO AN ECONOMIC FEASIBILITY/NEEDS
ASSESSMENT STUDY ON THE SECOND PHASE OF THIS PROJECT
TO CONSTRUCT BASED ON THE CITY'S CURRENT NEEDS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
142 March 10, 198•
0
0
------------------------------------------------------------------------------
50. ISSUE REQUEST FOR QUALIFICATIONS - INVITE EXPERIENCED DEVELOPMENT TEAMS
TO COMPETE FOR DEVELOPMENT OF A 250,000 SQ. FT. BUILDING (LOCATED ON A
12-LOT LAND PARCEL BETMEEN N.E. 1ST AND MIAMI AVENUES AND N.E. 4TH AND
STH STREETS) TO BE OCCUPIED BY THE U.S. ATTORNEY'S OFFICE AND OTHER LAW
ENFORCEMENT AGENCIES. LAW FNFORC17MENT TRUST Bi1IDING
-------- ---------------------------------------------------------------------
Mayor Suarez: Fifty-eight.
Mr. John Gilchrist: fifty-eight is asking for your authorization for us to
proceed with the request for qualifications, the first phase of a selection
process for the development of the Federal Law Enforcement Building which
we've had before the Commission...
Mayor Suarez: The Federal GSA Building?
Mr. Gilchrist: Yes. It's referred to as the GSA Building.
Mr. Plummer: Do we have an absolute locked tight contract with them if for
whatever reason this building does not go through, the City is reimbursed and
number two, that the term of their lease will cover all cost.
Mr. Gilchrist: Yes, sir, and we have Tom McGuire here from the federal GSA
and I would like him to answer to that question as well.
Mr. Plummer: Do we have a contract signed?
Mr. Gilchrist: We have a contract signed. You all have passed it and it's
been signed by the City Manager. This is Tom McGuire.
Mr. Tom McGuire: How do you do, Tom McGuire, GSA in Atlanta. We signed on
October 22nd, after the Commission approved our lease contract, and entered
into a lease agreement with the City of Miami for a 30 year firm term using
our lease document as a basis to pay off any bond issuance or however way you
all finance the building.
Mr. Plummer: That's not...
Mr. McGuire: Oh, all right, every... I think, let me get to your particular
point. Every cost is covered, we will back it up. Every time they move to
spend one penny, we authorize it with our approval and we guarantee every
payment in the City. The City's not, excuse me, go ahead.
Mr. Plummer: It still doesn't cover my...
Mr. Gilchrist: If the project stops at any point along the way, they own it.
Mr. Plummer: Ah.
Mr. Gilchrist: If we were to have acquired a piece of property, they own it.
Mr. Plummer: OK, that's... and they'll reimburse us any out of pocket.
Mr. Gilchrist: If we build the first floor and we don't go any further, they
own the first floor.
Mr. Plummer: OK, because we know how Washington operates. You know, what's
appropriated today, tomorrow is changed.
Mrs. Kennedy: OK, let me just address another issue here that I'm seeing. It
says, therefore, the composition of the development team will be assessed to
determine that at least 34 percent of its main members are minority
participants of any combination of blacks, Hispanics and women minority
groups. However, the 34 percent participation must include at least two of
the minority groups in any combination thereof. We have women planners, we
have women surveyors, we have women contractors. You know that if we have to
choose two out of three, the women are going to be left out. So I'd like to
change that...
143 March 10, 1988
Mr. Gilchrist: Let me say something regarding that though. The City's
ordinances at 51 percent goal and what we did was go beyond the goal and say
that 34 percent is a requirement. So that stiffens it.
Mrs. Kennedy: All right, but why can't the 34 percent be women, Hispanics,
and blacks?
Mr. Gilchrist: It can be split the three ways.
Mrs. Kennedy: That's what I would like to see.
Mr. Gilchrist: We would be more than happy to take that instruction from you
and do it, ma'am.
Mrs. Kennedy: OK.
Mr. Gilchrist: We were trying to make the it more stringent requirement,
Commissioner.
Mr. Plummer: I'll move 58.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Mr. De Yurre: Well...
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: Discussion. What benefit does the City of Miami have in
building this?
Mr. Gilchrist: Well, this goes back a little ways.
Mr. De Yurre: Yes, I wasn't here a little ways, so...
Mr. Gilchrist: And the federal government came to the City with the need to
acquire a law enforcement facility to house the federal attorney and
additional, not courtroom, but chambers for the judges. They do not have the
legislation that allows them to acquire or to construct, they have legislation
that allows them to lease. So they were looking for a technique whereby they
could do this. The City is going through the process to aid the federal
government to get the law enforcement building without any cost to the City
and without any diminishing of their bonding capacity. And that was the
decision that was made by the Commission that it was a useful thing to have
law enforcement well protected in a secure building next to the Court House.
Mr. De Yurre: Who's going to be maintaining the building?
Mr. Gilchrist: They will maintain the building. By this process, we're
looking to the private sector to buy the land and build the building and then
a bond issue which would look to the rent of the federal government to pay off
the cost of the building. They would lease it for a period of time and at the
end of that time, the City acquires that facility and would own it.
Mr. De Yurre: Are we going to be building it - or...?
Mr. Gilchrist: We're not going to be building it, it will be built by the
private sector. This request for qualifications is to qualify potential
private sector bidders or proposers and then we will go through a second phase
which essentially will evaluate design and cost on the building. But this
requires them to meet the absolute requirements of minority participation and
the financial capabilities to do the building.
Mr. De Yurre: And are they paying for all of this that we're going through
right now?
Mr. Gilchrist: Yes, sir.
Mr. De Yurre: They'll pay for your salary right now while you're here now?
Mr. Gilchrist: They don't pay !or my salary, no, air.
144 March 10, 1988
Mr. Plummer: They paid for all the appraisals and all of that.
Mr. Gilchrist: No, but my time and my assistant's time is not paid for,
administrative costs are not paid for. The City, by the contract with the
federal government, I would not mislead you, we're not allowed to make a
profit in it in any way either.
Mr. De Yurre: Well, it's break even is what I'm looking for.
Mr. Gilchrist: We're trying to break even, yes, sir. But it does not cover
salaries.
Mr. De Yurre: How much time do you expect that we will have involved in this
project, man-hours, Cesar?
Mr. Gilchrist: It'll be quite a few man hours, I'd have to estimate that. I
would say...
Mr. Plummer: Two or three.
Mr. Gilchrist: Commissioner Plummer said two or three.
Mr. Odio: This is almost at the conclusion that we have had it. We have
spent a few man-hours on this. What do you think, about 40 hours?
Mr. Gilchrist: Oh, it's probably greater than that, maybe a hundred and
twenty hours of my time.
Mr. Odio: A hundred and twenty hours.
Mr. De Yurre: And during the process of the construction and all that, what
doyou...
Mr. Gilchrist: We will essentially not be involved in the - we're acting as
kind of a pass through to acquire the building from the private sector for the
federal government. And I can tell you that they will be there in a real
watchdog capacity in terms of the construction, not the City.
Mr. De Yurre: OK.
Mr. Dawkins (Off mike): Hey, have Tish bring me 61.
Mr. Plummer: Fifty-eight.
Mayor Suarez (Off mike): Call the roll already? Have you a...
Mr. Plummer: I don't know, is it a resolution or...
Mayor Suarez: Do we have a motion and a second?
Mr. Plummer: Yes, I moved it.
Mayor Suarez: Call the roll.
Mr. Plummer: It's a resolution.
145 !larch 10, 1980
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 8e-232
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR
QUALIFICATIONS ON MARCH 15, 1988, IN SUBSTANTIALLY THE
FORM ATTACHED, INVITING INTERESTED AND EXPERIENCED
DEVELOPMENT TEAMS TO SUBMIT PROFESSIONAL
QUALIFICATIONS FOR THE DEVELOPMENT OF AN APPROXIMATELY
250,000 SQ. FT. BUILDING TO BE LOCATED ON A 12-LOT
LAND PARCEL BETWEEN N.E. 1ST AND MIAMI AVENUE AND N.E.
4TH AND 5TH STREETS IN MIAMI TO BE OCCUPIED BY THE
U.S. ATTORNEY'S OFFICE AND OTHER U.S. LAW ENFORCEMENT
AGENCIES; AND FURTHER DIRECTING THE CITY MANAGER TO
PRESENT THE DRAFT REQUEST FOR PROPOSALS FOR SITE
ACQUISITION, PLANNING AND DESIGN, AND CONSTRUCTION OF
SAID BUILDING TO THE CITY COMMISSION AS SOON AS
PRACTICABLE FOR CONSIDERATION AND APPROVAL PRIOR TO
ITS ISSUANCE WHICH SHALL BE LIMITED SOLELY TO PRE -
QUALIFIED DEVELOPMENT TEAMS ONLY.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
51. DEFER PROPOSED APPOINTMENT OF AN INDIVIDUAL TO SERVE AS MEMBER OF
PLANNING ADVISORY BOARD - DIRECT CITY CLERK TO READVERTISE.
Mayor Suarez: Fifty-nine. Appointments to Planning Advisory Board. It's
Commissioner De Yurre's nomination.
Mr. De Yurre: I want to pass it to the next meeting next month.
Mayor Suarez: OK, does that have to be readvertised or anything? Sergio, do
we have to do anything?
Mr. Sergio Rodriguez: I believe we have to advertise again.
Mayor Suarez: Do you want to table and consider it later on today so we don't
have to readvertise in case you come up with one?
Mr. De Yurre: Readvertise.
Mayor Suarez: OK.
146 March 10, 1968
s
52. APPOINT TWO INDIVIDUALS TO THE CITY'S CODE ENFORCEMENT BOARD (APPOINTED
WERE: OBDULIO PIEDRA AND JAMES ANGLETON, JR.).
Mayor Suarez: Item sixty.
Mr. Plummer: Whose appointments are they?
Mayor Suarez: I've got a nomination and Commissioner De Yurre has one. I
nominate Obdulio Piedra, he is a Miami resident. Commissioner, do you have?
Mr. De Yurre: Yes, James Angleton, Jr.
Mayor Suarez: Jim Angleton, Jr., I thought I saw him back there somewhere.
I'll entertain a motion on those nominees.
Mr. Dawkins: Move.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-233
A RESOLUTION APPOINTING TWO INDIVIDUALS TO THE CITY'S
CODE ENFORCEMENT BOARD, EACH TO SERVE A TERM ENDING
FEBRUARY 10, 1991.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkin-
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: A) R 88-233 APPOINTED THE FOLLOWING
INDIVIDUALS TO THE CODE ENFORCEMENT BOARD: MR. OBDULIO PIEDRA
(NOMINATED BY MAYOR SUAREZ) AND MR. JAMES ANGLETON, JR. (NOMINATED
BY COMMISSIONER DE YURRE).
B) AT THIS POINT, IT WAS ANNOUNCED THAT AGENDA ITEM 61 HAD BEEN
WITHDRAWN.
53. APPOINT INDIVIDUALS TO AFFIRMATIVE ACTION ADVISORY BOARD (APPOINTED
WERE: ROGER BIAMBY AND JOSE SOLANA).
------------------------------------------------------------------------------
Mayor Suarez: Sixty-two is Affirmative Action Advisory Board. We've got two
incumbents that are Plummer's nominees, two that are mine. I'm renominating
my two. One is Commissioner Kennedy's.
Mr. Plummer: I have two?
Mr. Odio: You have two, Mayor Suarez has two, Commissioner.
147
March 10, 1988
Mr. Plummer: I'll have to give...
Mayor Suarez: And one of yours is vacant. Mr. Vacant, do you want to
reappoint him?
Mr. Plummer: He'll probably attend more than anyone else. I'll give them to
you later.
Mayor Suarez: Why does it also show that two individuals have to be
reappointed, what does that mean? One Commissioner Kennedy is Lawrence
Crawford and one...
Mr. Odio: Well, you can appoint two new members if you so wish. You don't
have to reappoint. And Commissioner Kennedy has one and Commissioner De Yurre
has...
Mayor Suarez: What In the difference between category two and category three?
Can anybody explain that there? You have five vacancies formerly held by the
following individuals, that's category two and then you've got category three,
reappoint two individuals. What does that mean, those are also the
Incumbents, aren't they? Anyhow, and apparently Commissioner De Yurre has an
appointment there and Vice Mayor Kennedy one. Do you want to reappoint those
people or do you want...
Mrs. Kennedy: No, I'd like to come up with one by the next meeting.
Mayor Suarez: OK.
Mr. Plummer: Defer it to the next meeting.
Mayor Suarez: I'll entertain a motion on the ones that are definite...
Mrs. Kennedy: Move it.
Mayor Suarez: ... which, I guess, are only mine at this point.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Seconded. Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-234
A MOTION APPOINTING MESSRS. ROGER BIAMBY AND JOSE
SOLANA TO THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD. (Messrs. Biamby and Solana were
nominated by Mayor Suarez).
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
148 March 10, 1988
54. DEFER PROPOSED RATIFICATION OF MANAGER'S FINDING OF SOLE SOURCE -
WAIVING REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING
ACQUISITION FROM SOFTWARE CLEARING HOUSE, INC. FOR A LICENSE TO XGEN AND
A COGEN TO XGEN FILTER, FOR USE IN SYSTEMS DEVELOPMENT (SEE LABEL 60.)
------------------------------------------------------------------------------
Mayor Suarez: Item 64. Requires 4/5ths vote, it's a sole source.
Mrs. Kennedy: Mr. Mayor, let me tell you, Carlos Smith tried to see me the
other day. He was supposed to meet with Marta, my administrative aide
yesterday. She waited for him until 5:00 o'clock and he never came downstairs
to see him, so I'd like to defer this. I'm not ready for it.
Mayor Suarez: Move to defer item 64.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion from the Commission? Call the roll.
Mr. Plummer: Well, wait a minute, hold on.
Mayor Suarez: I'm sorry, Commissioner Plummer.
Mr. Plummer: Yes, isn't this for the Police Department?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No? Oh, OK, I'm sorry, I'm sorry, OK.
Mr. Dawkins (Off mike): I don't care what it's for, she said defer.
Mayor Suarez: It's been moved to defer.
Mr. Plummer: Right.
Mayor Suarez: We have a second. Any discussion on the motion to defer? Call
the roll.
ON MOTION DULY MADE BY VICE MAYOR KENNEDY AND SECONDED BY
COMMISSIONER DAWKINS THE ABOVE MATTER WAS DEFERRED BY A UNANIMOUS
VOTE.
------------------------------------------------------------------------------
55. RATIFY CITY MANAGER'S ACTIONS WHICH (a) UTILIZED SHORTENED TIME PERIOD
FOR SEALED BIDS, AND (b) ACCEPTED LOWEST RESPONSIBLE BID FROM MARKS
BROTHERS, CO. - FOR REPAIR TO STORM SEWER BOX CULVERT IN CONNECTION WITH
STORM SEWER REPAIR EAST FLAGLER STREET.
------------------------------------------------------------------------------
Mayor Suarez: Item 65. Finding of an emergency, it requires 4/5ths vote.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion from the Commission? Call the roll.
149 March 10, 1988
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 68-235
A RESOLUTION RATIFYING THE ACTIONS OF THE CITY
MANAGER, WHICH (1) UTILIZED A SHORTENED TIME PERIOD
FOR SEALED BIDS, (2) ACCEPTED THE LOWEST RESPONSIBLE
AND RESPONSIVE BID FROM MARKS BROTHERS, COMPANY, IN
THE AMOUNT OF $11,000 FOR THE REPAIR TO THE STORM
SEWER BOX CULVERT IN CONNECTION WITH "STORM SEWER
REPAIR EAST FLAGLER STREET", WITH MONIES THEREFOR
ALLOCATED FROM LOCAL DRAINAGE PROJECTS - FY '88
ACCOUNT, PROJECT NO. 352251 TO COVER THE CONTRACT
COST, (3) ENTERED INTO A CONTRACT WITH SAID LOW BIDDER
FOR THE CONSTRUCTION OF THE PROJECT; ADOPTING THE CITY
MANAGER'S WRITTEN FINDINGS THAT A VALID EMERGENCY
EXISTED; WAIVING THE REQUIREMENTS FOR FORMAL SEALED
BIDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
56. A) GRANT RENTAL FEE WAIVER FOR USE OF BAYFRONT PARK AMPHITHEATER
REGARDING THE "1988 MIAMI MAGIC FESTIVAL" - DECLARE THIS EVENT AS ONE OF
THE 30 DAYS RESERVED FOR CITY USE - DIRECT JUNIOR LEAGUE OF GREATER
MIAMI TO POST A BOND TO COVER COST OF SOLID WASTE FEES.
B) EXPRESS COMMISSION'S SUPPORT OF MIAMI MAGIC FESTIVAL AND CONVENTION
AND INFORM OF COMMISSION'S SUCCESS IN OBTAINING FOR THEM A $7,500
DONATION FROM THE DOWNTOWN DEVELOPMENT AUTHORITY (SEE LABEL 66).
------------------------------------------------------------------------------
Mayor Suarez: Item 66, Junior League. In kind services, Miami Magic.
Ms. Mary Lynch: Hello, I'm Mary Lynch, I'm president of the Junior League of
Miami. And this year we're asking you to cosponsor the daytime portion of the
Miami Magic Festival which is a family festival for promoting downtown Miami.
This year we're offering a free Rita Coolidge concert in the new amphitheater
and also spotlighting various high school bands in the amphitheater. The
Presidential yacht Sequoia will be giving free tours and this is the beginning
of a 22 city tour and then it's turned over to the incoming President of the
United States. We're also featuring a Rowing Regatta, a run, a walk,
historical walking tours and various art projects in the park. We're also
working in conjun...
Mayor Suarez: Last year we didn't sponsor the daytime activities, or
cosponsor with you?
Ms. Lynch: Yes, you did.
Mr. Plummer: This is 66.
Ms. Lynch: Last year, you cosponsored both the night and the day. This year,
we're asking just for the day.
Mayor Suarez: Oh, just for the day this year.
150 March 10, 1988
Ms. Lynch: And...
Mayor Suarez: But you still have a night time activity or not?
Ms. Lynch: Yes, sir. That is the fund-raising portion, this is the portion
that we give to the community. This year we've reduced our request from
$21,700 in in -kind services to $15,739. We'd also like you to waive the
amphitheater fee and we sincerely hope that you'll join with us in
cosponsoring...
Mayor Suarez: The amphitheater at the...
Ms. Lynch: In the park.
Mayor Suarez: ... park. Well, we have "X" number of days in the year that
are for community organizations anyhow reserved. Does this come under our 30
specifically or the hundred and some that are...
Mrs. Kennedy: It would come under the 30.
Ms. Lynch: It comes under the...
Mrs. Kennedy: If you want to waive the $500 fee.
Mayor Suarez: If the Commission wants to bring it under the 30 that are
directly sponsored by the City.
Mr. Plummer: I have no problem with that. The problem is with the rest of
it.
Mayor Suarez: OK, why don't you make a motion on that part then and we'll
discuss the part that's difficult.
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded as to the amphitheater.
Mrs. Kennedy: And, Mr. Manager, I'd like for somebody specifically to keep
track of the dates for the 30 days, Frank.
Mayor Suarez: That's no charge on that event for the public.
Ms. Lynch: No.
Mayor Suarez: OK. Call the roll on that.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-236
A RESOLUTION GRANTING THE WAIVER FOR THE RENTAL FEE OF
THE BAYFRONT PARK AMPHITHEATER IN CONNECTION WITH THE
1988 MIAMI MAGIC FESTIVAL TO BE CONDUCTED BY THE
JUNIOR LEAGUE OF GREATER MIAMI, INC. ON APRIL 23,
1988; FURTHER DECLARING THAT SAID EVENT SHALL BE
COUNTED AS ONE OF THE THIRTY (30) DAYS RESERVED FOR
USE BY THE CITY PURSUANT TO ORDINANCE NO. 10348;
FURTHER DIRECTING THE JUNIOR LEAGUE OF GREATER MIAMI,
INC. TO POST A BOND TO COVER THE COST OF SOLID WASTE
FEES AND SERVICES.
(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:
151 March 10, 1988
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: I want to remind the people of Bayfront Park, I'm still waiting
to see a budget.
Mrs. Kennedy: That's on April the let.
Mr. Plummer: But I haven't seen the budget. Where is the budget that they
are supposed to set up? I've not seen it.
Mrs. Kennedy: The trust... yes, the...
Mr. Plummer: The trust was going to propose a budget to this Commission
within 30 days and that's been over 45 days ago. Has anybody got the budget?
Mr. Odio: Telling me April 1st that we will have a budget.
Mrs. Kennedy: Rodney's using sign language that...
Mr. Odio: He just said April let over there.
Mrs. Kennedy: Yes, by April 1st they will have...
Mr. Plummer: Of what year?
Mrs. Kennedy: Of this year.
Mr. Odio: I'd rather have it next year, if you would. That way, I don't have
to worry about any...
Mrs. Kennedy: No, no, no.
Ms. Lynch: We're not asking for the park fee to be waived.
Mr. Plummer: No, you're asking for the amphitheater, I understand. No, this
is something else.
Ms. Lynch: And the in -kind services.
Mr. Odio: And 415,739 which I have to say that we don't have those funds and
recommend against it. We have a no funding policy for festivals.
Mr. Plummer: You better be looking for that million dollars for the Police
Department.
Mr. Odio: Sure, I'm looking at your budget right...
Mrs. Kennedy: Remind me where the money goes to.
Mr. Dawkins: Where's Off -Street Parking?
Ms. Lynch: We have just voted two days ago to give $140,000 back into the
community in 1988-89. We are putting $100,000 in a transitional living site
for battered women plus we have projects with the inner-city touring dance
company, we're providing an instructor and volunteer hours there. We will be
having a project with the Miami City Ballet and the Medelo project which is a
grocery store in the Perrino section and a day care center. Basically, that's
where our money's going this year.
Mayor Suarez: How much of the in -kind services are related to what we can
sometimes bond out by having- just a thousand?
Mr. Odio: I want to give you a figure because we work with them in reducing
their cost substantially and I want to tell him how much. Come on, Frank.
152 March 10, 1988
Mr. Plummer: From 22 to fifteen.
Mr. Odio: We reduced from 23 thousand to 15 thousand.
Mayor Suarez: OK, reduced 6 thousand. How much of the other 15 is...
Mr. Odio: By asking the police to...
Mayor Suarez: How much of the other fifteen, please, is solid waste and might
be able to be resolved by them doing their own pickup and bonding against
that? Do you know?
Mr. Odio (Off mike): Let me look at their budget here. I don't have a - do
you have a budget?
Mrs. Dougherty (Off mike): There's the solid waste right there.
Ms. Lynch (Off mike): Is that what he's talking about?
UNIDENTIFIED SPEAKER (OFF MIKE): Yes, that's what he's talking about now.
Ms. Lynch: The solid waste figure? Two thousand and three dollars.
Mayor Suarez: I'm glad you're more organized than our staff.
Ms. Lynch: Hey, we're the Junior League.
Mayor Suarez: Do you want to put a bond against that and do your own pick up
of garbage and so on and we can get that resolved.
Ms. Lynch: Do we have a choice? Sure.
Mayor Suarez: Hey, it's part of the 15 and we're sort of bringing it to a
figure that may otherwise be acceptable here.
Ms. Lynch: OK.
Mayor Suarez: I'll entertain a motion on that portion of it.
Mrs. Kennedy: Move it.
Mr. Plummer: Second.
Mayor Suarez: Moved. Seconded. Any discussion? Call the roll.
NOTE FOR THE RECORD: THIS MOTION 88-237, MOVED BY COMMISSIONER
PLUMMER, SECONDED BY COMMISSIONER KENNEDY, AND APPROVED
UNANIMOUSLY FOR THE POSTING OF A BOND TO COVER THE COST OF SOLID
WASTE FEES AND SERVICES, WAS INCLUDED IN ABOVE RESOLUTION 88-236.
Mr. Plummer (Off mike): To let them have the alternative of a bond for
sanitation.
Mayor Suarez: Nov we've got an amphitheater and we've got solid waste. The
rest is Police presumably...
Mr. Dawkins: Fire.
Mayor Suarez: ... and fire, right?
Mr. Dawkins: Safety and police. Fire safety and police.
Mayor Suarez: How much is police? You've got all the answers over here.
Mrs. Kennedy: May I ask you why the Junior League of Miami is located in
Coral Gables?
Ms. Lynch: We're in an historic building.
Mrs. Kennedy: Oh, OK.
153 March 10, 1968
Ms. Lynch: We have a lot of projects in historic areas.
Ms. Linda Johnson (Off mike): This is the police for the... this is the place
for park.
Ms. Lynch (Off mike): Well, where's the bottom line figure?
Ms. Johnson (Off mike): This is the place for the run.
Ms. Lynch: The police for the park are...
Ms. Johnson (Off mike): 6867.
Ms. Lynch: 6867 and the police for the park are, the run, excuse me are 2829.
Mayor Suarez: Police is how much?
Ms. Lynch: 6867 for the park and for the run it would be 2829.
Mr. Plummer: Give me an idea on the park. How many policemen?
Me. Johnson (Off mike): Here, it's broken down right there and what the ranks
are. One lieutenant, three sergeants...
Ms. Lynch: May I introduce Linda Johnson, our chairman of Miami Magic. Linda
Johnson.
Ms. Linda Johnson: This is our estimated figure they gave us at the City, one
lieutenant, three sergeants, 25, whatever the normal people, policemen,
whatever they're called.
Mr. Plummer: Is that come to 29?
Ms. Johnson: Yes. Twenty-eight, no, you're right, 29, yes. They broke the
allocations for the police down into covering the park all day and then the
special police needed just to cover the run in the morning for the, you know,
as they go through the streets. Those are for the park and then the run is a
total of 34.
Mayor Suarez: The run is from where to where, roughly?
Ms. Johnson: The run leaves from Bayfront Park and goes south and then comes
back and runs through the park and ends in the park.
Mayor Suarez: How long is it?
Ms. Johnson: Five miles.
Ms. Lynch (Off mike): And a 3K run.
Ms. Johnson: Or a three mile walk.
Ms. Lynch (Off mike): Excuse me, a three mile walk.
Mr. Plummer: And how long does the park activity take?
Ms. Johnson: The run starts in the park at 8:00 o'clock and everything...
Mr. Plummer: No, no, the one in the park.
Ms. Johnson: Right. So our first thing in the park is...
Mr. Plummer: The one where you're requiring 29 policemen.
Ms. Johnson: From 9 to 5.
Mr. Plummer: So it's eight hours?
Mayor Suarez: By most estimates.
Mr. Plummer: How much are you paying for a lieutenant?
154 !larch 10, 1988
Ms. Johnson: Pardon me?
Mr. Plummer: How much are you paying for a lieutenant?
Me. Johnson: Oh. One fifty-five.
Mr. Plummer: for eight hours?
Ms. Johnson: Let's see now, well, it says, off duty costs, one fifty-five.
City facilities cost two twenty one, overtime cost, $314.50. I mean I don't
understand... now, it's broken down three ways, I don't really know.
Mayor Suarez: Can we... when is this going to take place? When is the...
Ms. Lynch: April 23rd.
Mayor Suarez: Can we work on the police cost and see if we can reduce it
some?
Mr. Plummer: Wait, let me ask a question. Somebody got a calculator? I'm
coming out with my... maybe I'm wrong in my calculations, I'm coming out with
the average cost of a policeman all the way through as $30.00 an hour. Is
that correct?
Ms. Johnson (Off mike): Well, I don't know, they add them all up.
Mr. Plummer: My numbers off?
Mr. Johnson: Would he like to see this?
Mayor Suarez: Well, except there's no breakdown into a per hour basis and he
wants to see if we're not maybe overstating the situation here.
Ms. Lynch: Look at the top.
Mr. Plummer: It's $30.00 and hour is what I'm getting.
Mayor Suarez: Yes, that's what it's working out. Why don't you show it to
him. Precisely $30.00 an hour; off duty rate. That's how they make their
money.
Mr. Plummer: $30.00 an hour.
Mayor Suarez: Mr. Manager, can that be reduced, the overall expenditure
required? Do you want to have this matter for the next, not to...
Mr. Odio: Whatever we are going to try to reduce, I don't think we need to
bring them back because we are...
Mayor Suarez: I would like to not bring it back somehow we can...
Mr. Odio: If we can reduce some costs, fine, but I still say we don't have
any monies to pay for the whatever cost there is. I will work with the police
and them to see if we can reduce some of the cost, that means you're still
going to have to pay.
Mayor Suarez: Does anyone on the Commission want to propose any level of
support? Keeping in mind that they're going to try to reduce the total
amount. We've supported this as a cosponsor for how many years now?
Ms. Lynch: This will be the third year. It was $25,000 the first two years.
Mayor Suarez: And you are reducing the level of dependency, I have to may,
each year.
Ms. Lynch: Yes, we were working very hard to do that.
Mayor Suarez: Yes, that sort of follows with our philosophy.
Ms. Lynch: This is really a gift to the...
155 !larch 10, 1988
Mr. Odio: I tell you how they can save the money. If we don't give you one
dollar, you can save a lot of money in the police department because then it
it a-,t time and a half. It's regular time. So you save 50 percent of the
police cost. So you're better off not asking us for any money. That is a
fact. I just saved you 50 percent, or, I mean...
Ms. Lynch: Last year, the daytime portion was in the hole $11,000 and we made
up the...
Mayor Suarez: Well, what he said mathematically makes sense and if we were
going to fund you, we should fund you the entire amount, otherwise we're
hurting you if we only give you like $4,500 is what he's saying, because we're
pushing up your cost by more than that.
Mr. Odio: Sure because if not, you pay...
Mayor Suarez: That's mathematically what he's saying is, is then don't ask me
to explain all the reasons why that's the way it is, but that's... so we
either fund you altogether or we shouldn't give you anything. Giving you
$4,500 is not going to help you because then you're City sponsored and then
the rates go up under our union contract.
No. Johnson: They're all gone.
Mayor Suarez: Hey, what's the Commission's pleasure?
Mr. Plummer: What's our pleasure when we have no money?
Mayor Suarez: What's the Commission's discomfort?
Mr. Plummer: No money, that's our discomfort.
Mayor Suarez: If the City doesn't sponsor, what's the police cost come out to
be? Reduced to how much, you said, what percent?
Mrs. Dougherty: It's time and a half.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: No, it's not 50 percent.
Mr. Odio: No, I mean...
Mayor Suarez: It's reduced 33 percent.
Mr. Odio: 33 percent.
Mr. Plummer: Roughly.
Mrs. Kennedy: Do we have a figure yet?
Mr. Plummer: What?
Mayor Suarez: So if we gave them $4,500, we would have them helped them more
than hurt them.
Mrs. Kennedy: Do we have a figure yet for the police?
Mr. Plummer: The what?
Mrs. Kennedy: Figure.
Mr. Plummer: Yes, we know the figure, 6869. Thirty dollars an hour.
Mayor Suarez: Which happens to be the Manager's authority.
Mr. Odio: You're talking about $2200 for police.
Mayor Suarez: So you can always brow beat him into it.
Mr. Odio: If it's only $2200...
156 March 10, 1968
Mayor Suarez: Yes, we'd only be saving you a couple of thousand bucks and it
would be costing us $4,500.
Mr. Odio: We give them one dollar they...
Mayor Suarez: OK, do we have a motion, anybody, anyone, a suggestion, Mr.
Manager? Can't imagine we're going to take any longer on this item.
Mr. Odio: My best suggestion is that they don't take any help from us and
save a lot of money on the police departmert.
Mr. Plummer: Well, I mean, we can't sit here all day, I'll make a motion we
wish you well. You know, that's all we can do.
Mayor Suarez: for which we really don't need to take a vote because we do
wish you well.
Mr. Plummer: You know, but I'm trying to get us off this stalemate.
Somebody's got to be truthful with you and tell you we don't have the money.
Mayor Suarez: See what's happening is if we continue on a yearly basis
sponsoring these very worthwhile efforts and then the money gets passed on to
a charity. From our perspective, we almost would do just as well giving them
directly to a charity but...
Mr. Plummer: No, we'd be better off.
Ms. Lynch: We do this to promote...
Mayor Suarez: Well, we wouldn't because we wouldn't raise as much money as
you've raised and you've been very successful.
Ms. Lynch: We do this to promote downtown Miami.
Mayor Suarez: There is a multiplier factor and you do promote downtown Miami.
Ms. Lynch: And we make no money on the daytime events. We make the money on
the night time events which we're asking for no underwriting on.
Mr. Plummer: Did you go to the DDA?
Ms. Lynch: Yes. We work with them also.
Mr. Plummer: Well, what are they giving you?
Mrs. Kennedy: What have they said?
Mr. Plummer: Are they giving you any money or just lip service?
Ms. Johnson: Just assistance.
Mr. Plummer: Huh?
Ms. Johnson: They give us assistance.
Mr. Plummer: They give you what?
Ms. Johnson: Assistance.
Mr. Plummer: Assistance.
Mrs. Kennedy: Personnel?
Mr. Plummer: Is that financial assistance?
Ms. Lynch: Advice.
Mr. Plummer: Advice. Yes, their advice was to come here to try to get your
money. No, hay, I'm being honest. You know, they got a lot of money to spend
down there. You know they got beautiful headquarters down there and all of
that. I don't know what development they've done recently, but...
157 March 10, 1988
Mrs. Kennedy: What if we talked...
No. Lynch: If this event doesn't break even we can't have a daytime event any
more. The day time event is a gift to the City of Miami. And it's hard for
us to break even if we have so many... the costs are so high in the police and
the sanitation.
Mr. Plummer: No question.
Mrs. Kennedy: What if we make a phone call to Roy Kenzie and see what... do
you have time to stick around?
Ms. Lynch: I have a car pool but I guess I can.
Mrs. Kennedy: Let's see what we can do.
Mayor Suarez: See if we can wring some out of DDA.
57. DIRECT MANAGER TO NEGOTIATE CONTRACT PURSUANT TO REQUEST FROM THE
MICHAEL ALAN WOLF MEMORIAL CONCEPT HOUSE TO PERMIT USE OF VACANT FIRE
STATION NO. 13 AS ADMINISTRATIVE OFFICE AND OUTPATIENT DEPARTMENT.
------------------------------------------------------------------------------
Mayor Suarez: Item 68.
Mr. Odio: Concept House, Mr. Mayor.
Mr. Plummer: Mr. Mayor, on Concept House, they are asking for the use of the
fire station. I went up and I met with their board. I think the Manager is
prepared to recommend that we send it to you for negotiation of a contract and
I would be happy because these people are doing a fantastic job. I would move
at this time that we send them to the Manager to finalize a contract and come
back before this Commission.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-236
A MOTION REFERRING TO THE CITY MANAGER REQUEST
RECEIVED FROM REPRESENTATIVES OF THE MICHAEL ALAN WOLF
MEMORIAL CONCEPT HOUSE FOR NEGOTIATION OF A CONTRACT
TO PERMIT THE USE OF VACANT FIRE STATION NO. 13
LOCATED AT 4850 N.E. 2ND AVENUE AS AN ADMINISTRATIVE
OFFICE AND AN OUTPATIENT DEPARTMENT; FURTHER DIRECTING
THE CITY MANAGER TO COME BACK WITH A FINAL CONTRACT
FOR CONSIDERATION BY THE CITY COMMISSION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Thank you.
Mrs. Kennedy: Mr. Mayor, I'd like to revisit six...
ISO
March 10. 1988
Mayor Suarez: Yes. You're very eloquent today, very good presentation. Very
successful.
------------------------------------------------------------------------------
Se. DIRECT CITY ATTORNEY TO PREPARE LEGAL INSTRUMENTS TO PLACE ON THE
SEPTEMBER BALLOT REFERENDUM QUESTION PROPOSING A FOUR-YEAR TERM FOR
ELECTED MAYOR OF MIAMI.
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, may I...
Mrs. Kennedy: Can I bring one item?
Mr. Plummer (Off mike): Let's get Marty Fine out of here. Mr. Mayor, Mr.
Marty Fine is sitting out there in the audience. That man is here for the
purview of this Commission and I hate to see him sit because he's on the last
of the agenda, could we take him out of order please? I think it's only
proper.
Mayor Suarez: Stuart, don't make any gestures back.... you're a professional
visitor to City Hall.
Mr. Plummer: I really don't agree with what he's going to talk about, but....
Mrs. Kennedy: Four year term, huh? What item number is it, Marty?
Mr. Plummer: What item is it, Marty, you're way towards the...
Marty Fine, Esq. (Off mike): It's 91.
Mr. Plummer: I knew you were way back.
Mr. Fine: Well, I appreciate that.
Mr. Plummer: The last.
Mr. Fine: Mr. Manager, may I - I've distributed these before...
Mrs. Kennedy: There we go again.
Mr. Fine: For the record, my name is Martin Fine and I'm appearing here as a
private citizen. I've lived in Miami about 40 years and have a strong
interest in this community. I am going to be very brief because it's late,
but this is . matter which I presented to you two years ago. It's sort of
interesting, it was presented on March 27th, 1986. All of the reasons in
here, in this proposal which I had delivered to your offices, I don't know
whether you had time to read it, are as valid today if not more than they were
at that time. Just to refresh your memories, what happened last time was when
I came here a member of the Commission who's no longer here started to raise
some questions about a strong mayor form of government. Someone else
suggested salary increases and the next thing we knew what happened was there
were a lot of issues and you appointed a committee. You were kind enough to
ask me to serve on that committee. I was smart enough to say I didn't want to
do it and I didn't and the committee went ahead with its work. You put it on
the ballot, it was rejected. Let me be very brief and go through some items
with you in reference to this proposal, why I think its good. First of all,
it has nothing to do with changing Miami's form of government. Mr. Mayor and
members of the Commission, I want to stress that, this has nothing to do with
a strong mayor or a different voting weight or anything of that. It does have
to do with stability of government, for continuity of development, for skill
and experience and for, frankly, liberation of the mayor for working on
continual campaign strategies and contribution strategies. Fact of the matter
Is, the kind of projects that the Mayor suggested at his recent State of the
City message and that all of you are working on, take a long time to complete.
And this business of being able or trying to be able to do them in a short
period of time simply doesn't make any sense to me. Miami likes to consider
itself a world class city, I've made a list in this presentation on page 7 of
what I consider are some of the world class cities and I think you would, like
New York and Chicago and L.A. and San Francisco and Denver and Atlanta and
Philadelphia, and every single one of them has a four year term as mayor. In
159 March 10, 1988
our own state, I think very progressive cities like Jacksonville and Tampa and
Orlando have a four year term of mayor. I, frankly, have never been able to
figure out the rationale of a two year term for mayor and a four year term for
commissioners. I can't imagine there's any less question about the integrity
or ability of the mayor than there is as a commissioner. I think you're
talking about electing someone for four years. I think if we're going to have
a four year term, if we had a four year term of mayor, we'd give that mayor an
opportunity for long term reflection. I think the visic, that a mayor needs
to help guide and direct the destiny of this City warrants allowing that
person, be it a man or a woman, to be in office for four years. We face as a
community a myriad of problems and opportunities and I think that to try to
solve these problems in a short term that before you get half way into your
campaign to start meeting to plan another campaign just doesn't make any
sense. I see this as a no risk situation. What it also does is allow the
citizens to have a great deal more confidence in their government. I think
continuity breeds confidence and frankly I'm not concerned about what happens
if you get a mayor in who's incompetent. We have a relatively easy recall
petition. We also have a way of time getting by and voters are more
Intelligent than we think. I think they exercised a great deal of
Intelligence this last, oh week, Tuesday in reference to the school board bond
Issue, in reference to the libraries. I'm sorry they didn't pass this
$40,000,000 issue for the City and I can't quite imagine what happened. But
the long and short of it is, just to save you some time, unless I've missed
something that's very basic and essential, I cannot believe there's one ounce
of good sense in having a two year term as mayor. I think that the kind of
projects we're talking about need continuity in office and just to wind up, I
would say, I would suggest to you that you put it on the September ballot.
That it be limited to a single issue matter, four year term of mayor. That if
you do it now, it's a year when no one is running for that office so we don't
get personalities involved. It's a very simple, straight forward position.
If you have any questions, I'd be glad to answer them for you.
Mr. Plummer: Marty, you're not... first of all, I do have one disagreement
with you. I think our recall procedure is ridiculous.
Mr. Fine: OK.
Mr. Plummer: That is a fear. I think the process which we have in a recall
today is, I've said many, many times that in 1949 when that procedure was
written, it was done by Commissioners who said they'll never get me. I think
we've seen a few attempts which... I think the procedure basically needs to be
overhauled to make it more responsive. I will vote for this proposal, because
I have said all the way along that I think a four year term is good. I think
it's ridiculous that a man has to offer himself for public office every two
years. He never stops running. The only thing, Marty, that I have to be
honest with you and say that I am not going to bind myself to preclude
separately separate issues maybe pertaining to the elected officials on that
ballot. But it would be a separate issue, not combined. There are some other
issues that I think need addressing whether we do it in September of this year
or not, maybe remains to be seen. But I'm not going to bind myself that I
can't put other issues on the ballot.
Mr. Fine: I would have no problem but would you be willing to consider in a
motion if you make it, that it come up in September, this September?
Mr. Plummer: Have no problem.
Mr. Fine: Good.
Mr. Plummer: I'll be glad, Mr. Mayor, at this time, unless others have
questions, I didn't hear anybody. I'll make a motion at this time that we
instruct the City Attorney to prepare the proper legal documents to place on
this coming September ballot the issue for the referendum to the general
public of the City of Miami voters to consider a four year term for the office
of mayor. I so move.
(Applause)
Mrs. Kennedy: I second. I think it makes a lot of sense.
Mayor Suarez: So moved and seconded. Any discussion from the Commission?
160 March 10, 1988
Mr. Plummer: Of course it has a provision that the present incumbents can't
run. Now you'll second the motion.
Mayor Suarez: Or any member of the Commission. Any further discussion? Call
the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
NOTION NO. 88-239
A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE THE
APPROPRIATE LEGAL INSTRUMENTS TO PLACE ON THE
SEPTEMBER BALLOT (FIRST PRESIDENTIAL PRIMARY) A
REFERENDUM QUESTION PROPOSING A FOUR-YEAR TERM FOR THE
ELECTED MAYOR OF MIAMI.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Fine: Thank you for your courtesy.
Mayor Suarez: Yes, I do have a preference for November myself, I like to get
as much participation from the public.
Mr. Plummer: Marty, once again, let me thank you on behalf of this community.
You are a man who has no vested interest in this, I know you're not going to
run...
Mr. Fine: Run the other way.
Mr. Plummer: ... and this is one more feather in your cap that you've done in
community service to make it a better place to live. I thank you.
Mr. Fine: Thank you. We all do what we want to do and you all make a unique
contribution and I really think it'll be very good if it works and I believe
it will pass. Thank you.
Mayor Suarez: Thank you, Marty.
------------------------------------------------------------------------------
59. DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP CITY -OWNED WATERFRONT LOT
LEASED BY A UDP - AUTHORIZE PREPARATION OF RFP FOR A UDP - SET PUBLIC
HEARING IN CONNECTION WITH THE MERRILL STEVENS DRY DOCK SITE (SEE LABEL
S).
------------- ----------------------------------------------------------------
Mayor Suarez: In the meantime, Commissioners, I will entertain a motion to
approve formally the resolution prepared for the rebidding of the Merrill
Stevens, so called Merrill Stevens lease.
Mr. Dawkins: Before we do that, I'd like to correct the records.
Mayor Suarez: Yes, Commissioner.
Mr. Dawkins: I have a copy of the motion we made this morning and this is not
what I remember voting on and will somebody bear with me. It says motion
regarding Dinner Key property. Motion was made that City go back out for bid
as is with no watering down of the requirements in the RFP and requesting that
an alternative be provided which could consider a restaurant and to
161 March 10, 1988
simultaneously prepare said documents and come back with a recommendation to
the City Commission. Is that what we voted on?
Mr. Plummer: No, we took the restaurant out.
Mr. Dawkins: That's what I thought.
Mr. Plummer: We did, we took the restaurant out. You were one that convinced
me Monty Trainer's, Chart House, J.P.'s, and all the rest that it was not
necessary and I said, I give.
Mr. Dawkins: Thank you.
Mayor Suarez: I'm sorry, are we ready to vote on that resolution now?
Mr. Dawki..s: Yes.
Mayor Suarez: As understood?
Mr. Plummer (Off mike): She's saying we can't do this.
Mayor Suarez: I'll entertain a motion on it.
Mr. Dawkins: Move it.
Mayor Suarez: Moved. Do we have a second? On the Merrill Stevens thing. I
mean that's just a formalizing of the thing that we say.
Mrs. Kennedy (Off mike): Second.
Mayor Suarez: Moved and seconded. Anyone want additional time to read it so
we don't have to read the entire thing into the record?
yr. Plummer: Well, basically, all this you have in front of me, John, is to
not up a public hearing and prepare a new draft.
Mr. John Gilchrist: Yes, in order... Well, it's to bring back the exact same
draft to you, sir, but we need to go through this process legally to do the
request for proposal.
Mr. Plummer: I'll move it if nobody else.
Mayor Suarez: We got a motion and then your's is a second, I guess. Call the
roll.
Mr. Plummer: Oh, I second it, OK.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-240
A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS
METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED
WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT
(UDP), AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT
REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING
THE SETTING OF A PUBLIC HEARING FOR MARCH 24, 1988, AT
3:30 P.M., TO TAKE TESTIMONY REGARDING AN RFP FOR A
UDP FOR THE DEVELOPMENT OF MARINE -ORIENTED,
RECREATIONAL AND RETAIL USES INCLUDING FOOD AND
BEVERAGE SALES AT THE "MERRILL STEVENS DRYDOCK SITE"
AT 2640 SOUTH BAYSHORE DRIVE; TO AUTHORIZE THE
ISSUANCE OF AN RFP, TO SELECT A CERTIFIED PUBLIC
ACCOUNTING FIRM, AND TO APPOINT MEMBERS OF A REVIEW
COMMITTEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
162 March 10, 1986
Upon being seconded by Commissioner Kennedy, the resolution WAS passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
60. (CONTINUED DISCUSSION OF PREVIOUSLY DEFERRED ITEM) RATIFY MANAGER'S
FINDING OF SOLE SOURCE - VAIVE COMPETITIVE SEALED BIDS AND APPROVE
ACQUISITION FROM SOFTWARE CLEARING HOUSE, INC. FOR A LICENSE TO XGEN AND
A COGEN TO XGEN FILTER, FOR USE IN SYSTEMS DEVELOPMENT (SEE LABEL 54).
--------------------------------------- --------------------------------------
Mayor Suarez: What was item 64?
Mr. Odio: Mr. Mayor, I wanted to ask a question from Commissioner Plummer if
he would be ready to take up item IS.
Mayor Suarez: Wait, we had 64, I think, on the table.
Mr. Dawkins (Off mike): Eighteen.
Mayor Suarez: What was the problem with 64 before we go to 18 since we have
it on the table?
Mrs. Kennedy: That I had not met with Carlos Smith.
Mayor Suarez: Oh, you had asked for..
Mrs. Kennedy: So, but I did. Nov I'm...
Mayor Suarez: OK, you had asked for it to be deferred now. You'd like to
change and move the resolution?
Mr. Plummer: What, you're asking for it to be deferred?
Mayor Suarez: No, she had.
Mrs. Kennedy: I'm asking to bring it back on the table.
Mr. Plummer: Oh, well...
Mayor Suarez: Or we had tabled it or we had deferred it?
Mrs. Kennedy: We had deferred it until the following meeting. I have since
met with Carlos, so prepared to...
Mayor Suarez: You're now satisfied?
Mrs. Kennedy: Yes.
Mayor Suarez: OK, you want to move it?
Mrs. Kennedy: Move it.
Mayor Suarez: Move 64. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Second. Any discussion from the Commission? Call the roll on
64.
163 March 10, 1988
f
•
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-241
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 REQUIREMENT FOR
COMPETITIVE SEALED BIDS AND APPROVING ACQUISITION FROM
SOFTWARE CLEARING HOUSE, INC. FOR A LICENSE TO XGEN
AND WITH A COGEN TO XGEN FILTER FOR USE IN SYSTEMS
DEVELOPMENT IN THE PROPOSED AMOUNT OF $27,240.00 AND
APPROVING A CONTRACT FOR THE MAINTENANCE FOR TWO YEARS
WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR
PERIODS, AT THE PROPOSED FIRST YEAR COST OF $7,440.00,
SUBJECT TO THE AVAILABILITY OF FUNDS FOR SUCCEEDING
FISCAL TEARS FOR THE DEPARTMENT OF COMPUTERS AT A
PROPOSED FIRST YEAR TOTAL COST OF $34,680.00;
ALLOCATING FUNDS THEREFOR FROM THE 1987-68 OPERATING
BUDGET ACCOUNT CODE NO. 460601-670; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
61. EXECUTE TWO AGREEMENTS WITH FLORIDA EAST COAST RAILWAY COMPANY (a) FOR
REBUILDING AND IMPROVEMENT OF RAILROAD AND PEDESTRIAN CROSSING AT N.W.
8TH STREET AND (b) FOR REBUILDING AND IMPROVEMENT OF RAILROAD CROSSING
AT N.W. 1ST AVENUE, SUBJECT TO CONDITION (SEE LABEL 15).
Mayor Suarez: Now 18, Commissioner Dawkins, you...
Mr. Dawkins (Off mike): No, that was J.L.
Mayor Suarez: Commissioner Plummer, 18.
Mr. Plummer: Mr. Mayor...
Mayor Suarez (Off mike): It's called cleaning up...
Mr. Plummer: ... I have 18 now a letter from the port stating that they will,
in fact, guarantee the monies of the $257,000. The administration seems
comfortable with that and I would now move that 18 be approved.
Mayor Suarez: So moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion on 18? Is it an ordinance?
Ms. Hirai: It's a resolution.
Mayor Suarez: Call the roll, it's a resolution.
164 March 10, 1988
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-242
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
TWO AGREEMENTS, IN A FORD! ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE FLORIDA EAST COAST RAILWAY COMPANY;
ONE AGREEMENT IN AN AMOUNT NOT TO EXCEED $172,331 FOR
THE REBUILDING AND IMPROVEMENT OF THE RAILROAD AND THE
PEDESTRIAN CROSSING AT N.W. 8TH STREET AND A SECOND
AGREEMENT IN AN AMOUNT NOT TO EXCEED $250,000 FOR THE
REBUILDING AND IMPROVEMENT OF T4E RAILROAD AND THE
PEDESTRIAN CROSSING AT N.W. 1S: AVENUE; FURTHER
STIPULATING THAT SAID SECOND AGREEMENT IS CONDITIONED
UPON METROPOLITAN DADE COUNTY'S OBLIGATION TO
REIMBURSE THE CITY OF MIAMI FOR ALL COSTS ASSOCIATED
WITH THE N.W. 1ST AVENUE RAILROAD CROSSING
IMPROVEMENTS AND; FURTHER AUTHORIZING, FOR SAID
PURPOSE, THE UTILIZATION OF GENERAL OBLIGATION HIGHWAY
IMPROVEMENT BOND FUNDS ALLOCATED TO THE DEPARTMENT OF
DEVELOPMENT FOR THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT PROJECT, CAPITAL IMPROVEMENT
PROJECT NO. 341105, INDEX CODE NO. 319301.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
62. REFER TO ADMINISTRATION NEIGHBORHOOD CONCERNS EXPRESSED BY MR. ROBERT
FITZSIMMONS REGARDING DEVELOPMENT OF PROPERTY AT 3000-3006 AVIATION
AVENUE.
Mayor Suarez: Item 69. Am I right on that? Yes, Bob.
Mr. Bob Fitzsimmons: Yes, my name is Bob Fitzsimmons, I live at 2512 Abaco
Avenue in Coconut Grove. I appreciate the Commission's time in addressing
them on an issue regarding an office building built at 3000 Aviation. The
particular problem, I represent a group of neighbors from that area. We
intend to affectionately call our neighborhood valet park because that is a
novelty of being an office building where there's valet parking for the
required parking. I've prepared a package...
Mayor Suarez: So we have an idea of what direction you're heading in, is
there any action you would be asking the Commission to contemplate or actually
take today? Or you're just apprising us of the situation over there.
Mr. Fitzsimmons: I would ask the Commission direct the City Manager or staff
to just to investigate some problems that I go into. One, we're not sure what
plans the building is being built to. We've not been able to locate the
original plans; there are some plans. I've looked at the plans for the Class
B permit and they appear to different than the plans for the Class C permit
and we don't see the progression of plans.
Mayor Suarez: Have you been able to meet with staff on these concerns?
165 March 10, 1988
Mr. Fitzsimmons: Briefly this morning I was able to, but I didn't have all
the plans at that time. Just four areas, why was it approved, whaL is being
built, what we can do to protect the neighborhood and what we can do to
control this from happening in the future.
Mayor Suarez: Sergio didn't hit you in the right eye by any chance, did he?
Mr. Fitzsimmons: No, he didn't, no. First of all the neighborhood and the
Civic Club, everyone's concern is how can an office building be built based on
a valet parking permit? I don't think that's appropriate, I think even staff
questioned it. And if Class B public works questioned how it could be done
and they said, OK, we'll do it.
Mayor Suarez: You know, that's not the first building that I've noticed that
in. Valet parking, it seems to use City right of way, I wondered about that
sometimes.
Mr. Fitzsimmons: Well, there's another building, the same developer has
another building at 2701 Day Avenue. That one is up on appeal and you'll
probably see that eventually, where they got their required parking with a
Class B permit before the ordinance was changed and that simply allows them to
park 53 cars or whatever amount of cars anyway they can. There's no space
requirements. If you look at the back page of the package, you can see that
it's fairly cramped and this is an office building adjacent to a single family
neighborhood. The thing I mentioned before, what is being built, we'd like to
have the Planning Department or someone tell us what is being built and to
insure that, in fact, what is supposed to be built is built. Probably most
important, what can we do to protect the neighborhood? Here we have a
building that's been in the paper, it's going to have 120 employees, it has 53
parking spaces that are valet so they're cramped in there. Who's going to use
the valet parking area at rush hour. We're going to end up with cars all over
the place. We would request that the developer be required to put curbs in in
the surrounding area, at least on his property so they can't park on the
swale, that there be no parking signs placed and that that be enforced. I'll
be addressing the Commission later about street closings which would be an
important part of it. And finally on that, the staff had recommended to the
zoning that the exit way onto Inagua be eliminated. We're not sure whether
that's being built or not being built. Looking at the property, it doesn't
appear there's an exit but the plans still show it on the last page. We'd
like to find out whether that's happening. And fins....
Mayor Suarez: That's quite a few concerns and... do you have any more?
Mr. Fitzsimmons: Well, just the last one is the more generic and that's what
can we do to control this? We feel there's a problem in that we have one
person signing off on zoning changes. There's not a lot of notice that goes
out, it goes out to about five people in the surrounding property and you have
fifteen days to appeal a Class B permit.
Mayor Suarez: What kind of a zoning change is that, a...
Mr. Fitzsimmons: Well, for example, in this particular case, it was the valet
parking putting 53 cars which would normally be the space for maybe 30.
Mayor Suarez: Would that be done in that perfunctory a fashion?
Mr. Sergio Rodriguez: Do you want me to address each one of the issues or
that specific...
Mayor Suarez: No, just that one that...
Mr. Rodriguez: Yet what he's referring to is not a change of zoning, but a
Class B...
Mayor Suarez: I gathered it wasn't, otherwise it couldn't be done that way,
but...
Mr. Rodriguez: It's a Class B that doesn't require notification to property
owners. Class C does not require either but as a courtesy, we, wearing my
Planning Department hat now, sent notification to adjacent property owners.
But it's not required under the law. In this particular case, the valet
166 March 10, 1988
parking under the Class B basically because the Planning Department didn't
agree with what was happening with the interpretation of allowing this to
happen, we changed the law after that and only valet parking can be used now
for excess parking, not for required parking.
Mayor Suarez: OK, now, OK, so...
Mr. Rodriguez: At that time it could be used for required parking and we felt
that.
Mayor Suarez: If this is the only case in which it will be totally
discretionary in this kind of situation then all we have to do is take care of
this case and you're doing that by bringing it to our attention.
Mr. Fitzsimmons: Well, this is a fait accompli. This building is almost
built now, I'm not sure we can change.
Mayor Suarez: Is it totally a fait accompli on that?
Mr. Rodriguez: The building is almost... well, it's been built the second
phase of it and that building is to be occupied, I understand, and somebody
else from administration can speak to that, by offices of the City. The
issues that Mr. Fitzsimmons referred to, if you want to, I can try to address
with what I know about it and try to help you with that.
Mayor Suarez: I just have one last question. Who actually made that decision
to allow the excess valet parking?
Mr. Rodriguez: The what?
Mayor Suarez: The valet parking in this particular case, the Class B?
Mr. Rodriguez: It was allowed by the zoning administrator, Mr. Genuardi. If
you want to, he can try to answer the questions that you have on this.
Mr. Fitzsimmons: If I can just piggyback it, there is another one pending at
2701. the same thing, same developer.
Mayor Suarez: Joe, what kinds of things would you be looking at in a
determination of that sort and why would you have allowed this one, because
the community will be concerned about the next one. Isn't the next one
covered by the statute? By the ordinance?
Mr. Joe Genuardi: Yes, well they do submit plans and they show us the layout
of all the spaces. One thing about valet, you don't have to meet the standard
sizes of the regular spaces but they do show all the spaces, the 53 spaces,
they can go two cars back to back because with a valet you'll be able to move
them. So they do have the 53 spaces on the plans which are on file with our
office. And that's the only number of spaces required by zoning ordinance.
Mayor Suarez: As to the other location that he was asking about, Joe, will
that come under the new ordinance or...
Mr. Genuardi: No, that one was applied for prior to the change. And that's
on appeal right now.
Mayor Suarez: It's on appeal?
Mr. Genuardi: Yes.
Mayor Suarez: From a denial or a granting?
Mr. Genuardi: From the granting.
Mayor Suarez: And who will it be appealed to?
Mr. Genuardi: The Zoning Board.
Mayor Suarez: The board and then possibly to us?
Mr. Genuardi: Yes.
167 March 10, 1986
Mr. Plummer: Who's doing the appeal?
Mr. Genuardi: The residents of the area.
Mayor Suarez: As to the rest of the concerns, Sergio, are you going to...
Mr. Rodriguez: Let me try to follow the concerns that he was mentioning one
by one. He mentioned that the building is not built according to plans. What
we'll do is refer it to the Building and Zoning Department and make sure that
they are according to plans and we'll take care of that. The office building
on the valet parking as I mentioned to you before, that was allowed at that
time isn't allowed any more but they applied under the existing ordinance at
the time. In relation to the other building in Day and Center you already
have the answer on that. The same owners have another application Day and
Center, this isn't part of today's discussion, in my opinion and it will come
before you at the proper time. In relation to the number of comments made by
the Planning Department and Public Works, yes, it was referred by the zoning
administrator as part of the Class B process to the Planning Department and
the Public Works Department. Both departments made some negative comments
about the layout but the zoning administrator using his authority felt they
were not important enough to deny the application. I want to make you aware
though at that time, the adjacent property owner Mr. Patton and the personal
representative of the Civic Association they were aware of the application and
it was not appealed by them which were people that could have appealed at that
time. Finally, the exit through Inagua again when we checked the plans we
will check on that and let Mr. Fitzsimmons know whether the exit is there or
not. And I already addressed the issue of whether this is a zoning change or
not. And about the notification, in relation to that you can direct us to
have some notification requirements as compared to what we have now which is
courtesy notification in the cases of Class A and Be and Cs.
Mayor Suarez: Why not.
Mr. Fitzsimmons: OK that we know, one, whether there's a CO issued
that's temporary - CO expired. Two, what - could we see the original plans
and the final plans? The other issues, I believe he's addressed.
Mayor Suarez: Actually all of that is public record so...
Mr. Plummer: Sure.
Mr. Fitzsimmons: Oh, well at public records it's awful difficult to get a
hold of. I was down there today, the files, not timed, there is nothing time
dated in that file so you don't know what plans came in when, what letters
came in when.
Mayor Suarez: What's your direct phone number?
Mr. Rodriguez: Oh, he knows it. Right?
Mr. Fitzsimmons: Yes.
Mayor Suarez: I want it in the record.
Mr. Rodriguez: The telephone number you can call me is 579-6044 and I will
make an arrangement to meet with the Building and Zoning Department, official
records, so we can through that with you.
Mr. Fitzsimmons: OK, thank you.
Mayor Suarez: See, that way you call a little bit less, 6010 and all the rest
of ours, if you call 6044 directly.
Mr. Rodriguez: 6010 is also the other number you can call me at.
Mr. Fitzsimmons: OK.
Mayor Suarez: That's the one they do call and along with the rest of the
Commissioners. 6026 always comes to mind, isn't that still yours? 6026 is a
good one too. You changed all of yours, right?
Mr. De Yurre: 6007.
168 March 10, 1988
Mayor Suarez: 6007 it used to be. It's going to come to mind in a second.
Mr. Plummer (Off mike): You leave 6000 alone. You leave it alone.
Mayor Suarez: All right.
63. STRONGLY URGE GREATER MIAMI CHAMBER OF COMMERCE TO UNDERTAKE FUND-
RAISING PROGRAM TO RESTORE VETERANS' WAR MEMORIAL AT WOODLAWN CEMETERY
AND WORLD WAR II MONUMENT.
Mayor Suarez: Item 70. Is the Commander here?
Mr. Charles Olds My name is Charles Old. I am the County Commander for the
American Legion. I am here today representing the Harvey Seeds Post of the
American Legion. I'm here today to ask the City of Miami Commission to make a
grant to Harvey Seeds for the restoration of the veterans' memorial at
Woodlawn Cemetery in Miami. Some fifty odd years ago the Legionnaires of
Harvey Seeds of the American Legion erected a beautiful monument in Harvey
Seeds Cemetery to commemorate the honor and sacrifices and memories of those
Americans who died for the cause of freedom in the first great war. We
believe now that it also serves equally to honor those veterans of succeeding
conflicts. Sadly, but over the years, this inspiring memorial has
deteriorated to a distressing state, and it is the wish of the Legionnaires of
Post 29 to restore the monument by replacing the weather -damaged figures with
exact bronze replicas. Harvey Seeds Post from the early 1920's to the late
'60s bought the City of Miami an untold amount of publicity through its world
championship Drum and Bugle Corps. We served the community and the City by
serving many of its various programs. We have never asked the City of Miami
for a donation toward any of our programs, but in this case the cost is so
great that we cannot bear it alone. At this time, we have raised over $10,000
toward this project. There is, in the City of Miami, no memorial except for
ours at Woodlawn, in any cemetery in the City, paying tribute to those who
died in the service of their country.
Mr. Dawkins: What's the total cost? You say you've got $10,000. What's the
total cost, sir?
Mr. Old: The total cost of the project is roughly about $60,000.
Mr. Plummer: Mr. Manager...
Mr. Odio: Boy, do I feel like a heel, but I have to recommend against it. We
have no funds allocated in the budget for this project and I have to recommend
against it.
Mr. Dawkins: OK, while you reckon, while we're discussing it, what happened
to the monument that was over there in the park where we got Bayside and
Bayfront Park that was memorializing veterans?
Mr. Old: That was not...
Mr. Dawkins: I'm talking to them, sir.
Mr. Old: Oh, I'm sorry.
Mr. Odio: In Bayfront Park?
Mr. Plummer: Yes, where did it go?
Mr. Odio: I have to ask...
Mr. Ted Stahl: It's still there.
Mr. Plummer: Still there?
Mr. Dawkins: Mo, it's not there. It is not there!
169 March 10, 1988
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f
Mr. Stahl: World War II monument?
Mr. Dawkins: Yes.
Mr. Odio: The monument is in storage.
Mr. Dawkins: In storage?
Mr. Odio: In storage.
Mr. Dawkins: All right, when you take it out of storage, where are we going
to put it?
Mr. Odio: It has to be decided once we begin to decide where all these
monuments are going to go back to, Commissioner. It will be decided by you.
Mr. Dawkins: We've laid out the plans for Bayfront Park. We've laid out the
plans for Bayside, and we have yet not decided where we're going to put this
memorial back?
Mr. Odio: They might have, Commissioner. I don't know at this time. I
really don't know. In my opinion, it has not been decided yet.
Mr. Stahl: Mr. Dawkins...
Mr. Dawkins: All right then, let me tell you where we're going to put it.
We're going to put it back where it was, and you guys find out how to do it.
Go ahead.
Mr. Ted Stahl: Mr. Dawkins, I'm here on a totally different issue, but I was
hearing this conversation three years ago. I wrote a letter to the City
Commissioners and the City Manager advising them of the problems with the
World War 11 monument in Bayside that is standing there now. I even offered,
out of my own pocket, to restore this and have it sent down to Coconut Grove,
relandscaped, relit, and you turned me down.
Mayor Suarez: We'll take you up today!
Mr. Stahl: You are a little bit late.
Mr. Dawkins: No, you're going to put it back downtown where it was.
Mayor Suarez: No, we want it over there where it has been.
Mr. Dawkins: Go ahead, Commander, sir.
Mr. Old: If I may... You say that monument is in storage. It is not in
storage. It no longer exists. That monument was demolished with the.... or
when it happened that it wasn't,... they could not restore it.
Mr. Dawkins: Mr. Manager -
Mrs. Kennedy: I tell you, I leave the room, and there you go, talking about
Bayfront Park!
Mr. Dawkins: No, I'm talking about me as a veteran, now. I'm talking about
my veterans' rights.
Mr. Old: There is no monument. It's gone.
Mr. Dawkins: Mr. Manager! Somebody says that it is not in storage, that it
was destroyed, and you may it is in storage. Will you present it, bring it to
us next meeting?
Mr. Odio: I was told that all the monuments that were in the park were
removed and put in storage, so if that one was destroyed I'll need to find out
about it.
Mr. Stahl: It just amazes me that monuments of such importance in our
history, that there are not leaders in this community - forget the Commission;
forget the City of Miami - banks, department stores, supermarkets that can't
take some of their profits to restore these monuments. They did it in New
York City.
170 March 10, 1988
Mr. Dawkins: But see, nobody brings it to their attention, Ted. This is
why - and if they had not come here - like you said, we should get with them,
and like you said, Barnett Bank - what's that bank that don't give anything,
that big bank - Southeast.
Mr. Plummer: How about the Chamber of Commerce?
Mr. Stahl: I think all of the Chambers of Commerce throughout the City would
work on it.
Mr. Dawkins: No, just one, just one Chamber should be able to get this done.
Mr. Plummer: I think it would be a great project for the Chamber of Commerce
to raise the money.
Mr. Stahl: City of Miami.
Mr. Plummer: I think that the Greater Miami Chamber of Commerce... I'll make
a resolution at this time that this City Commission goes on record urging as
one of the great works of the Greater Miami Chamber of Commerce that we
recommend and strongly urge that they take on the fund -raising program to see
that this monument is restored to its fullest. I'll move that.
Mr. Dawkins: And the one in Bayfront Park, also. The two of them.
Mr. Plummer: Likewise.
Mr. Dawkins: I'll second that.
Mayor Suarez: Moved and seconded and thirded. They just sent me a resolution
on something they want to do so I guess we have to turn the tables and start
referring things for them to do, and that's a great idea. Any further
discussion?
Mr. Dawkins: And under discussion, I move that J.L. Plummer take the
recommendation to the meeting.
Mayor Suarez: That's right.
Mr. Plummer: I have no problem. It'll be the first one I ever attended.
Mayor Suarez: The New World Action Committee is anxiously awaiting your...
Mr. Dawkins: Let's let the Vice Mayor take it, then.
Mr. Plummer: All they've got to do is give up one of those...
Mr. Dawkins: Don't let you and I break our record. Let's let the Vice Mayor
go.
Mr. Plummer: As far as I'm concerned, all they have to do is give up one of
those beautiful weekends at Key Largo.
Mr. Dawkins: No, if the Chamber of Commerce wants me to attend their
meetings, have it at Davis' on 62nd Street and they've got me. Other than
that, I'm never going until they have one at Davis'.
Mr. Old: If I may, there is in the planning in the City of Miami for the
Bayfront Park section there, a plan to instal a monument on the center isle.
I guess you'd call it the median. To me, putting a monument on a center isle
on a busy boulevard - who's going to see it? It's a waste of the City's money
and, in my interpretation, it's a waste of a memorial to the veterans.
Mr. Dawkins: We will get back to you after Commissioner Kennedy goes to the
Chamber to see what they'll do and we pledge to help you attempt to raise the
money. That's what we pledge.
Mr. Old: Thank you very much.
Mayor Suarez: Thank you for your presentation. We do want to help in that.
171
March 10, 1988
Mrs. Hirai: Excuse roe -
Mayor Suarez: Do you need an address?
Mrs. Hirai: When you and I ware talking we failed to call the roll on this
last motion. May I please call the roll on the last motion?
Mayor Suarez: Yes, please, I'm sorry.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-243
A MOTION OF THE CITY OF MIAMI COMMISSION RECOMMENDING
AND STRONGLY URGING THE GREATER MIAMI CHAMBER OF
COMMERCE TO UNDERTAKE, AS ONE OF THEIR MAIN PROJECTS,
A FUND-RAISING PROGRAM TO COMPLETELY RESTORE: (a) THE
VETERANS' WAR MEMORIAL AT WOODLAWN CEMETERY, AND (b)
THE WORLD WAR II MONUMENT THAT USED TO BE IN BAYFRONT
PARK.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
64. DISCUSSION CONCERNING FUNDING REQUEST FROM CHICOS, INC. FOR A PROGRAM
REGARDING PERFORMANCES IN CITY PARKS IN LITTLE HAVANA DURING THE SUMMER
MONTHS. NO ACTION TAKEN.
Mayor Suarez: Item 71, Chicos.
Mr. Raul Fernandez: I am Raul Fernandez, president of Chicos. I would like
to thank the City of Miami for the time for this presentation. We are asking
for the support of the City of Miami for our project called parks and
recreation.
NOTE FOR THE RECORD: At this point, the City Clerk called the roll on the
prior item.
Mayor Suarez: Go ahead, proceed.
Mr. Fernandez: We are asking for the support of the City of Miami for our
Project Parks and Recreation Summer 1988. Our main concern is to bring
theater to the people, especially to our youth which very seldom attend any
theater. There are lots of people which they cannot economically go to
cultural events and they just ignore what theater is all about. That's why we
ask the City of Miami to support our project because we feel that our
bilingual play is going to convey a message from our Chicos kids to other kids
In the parks, and in a simple understanding language a musical at the same
time. Our project consists of five different presentation in 1988 at the City
of Miami parks and two other presentation with a different musical play at the
Kubek Memorial Theater. At this point, we would like to announce our
bilingual play which will be played at the parks of the City of Miami, "No to
Drugs", "A las Drogas, Now, following the campaign of our first lady, Mrs.
Reagan. We are sure that this play is going to make a great impression among
children and youth and at the same time we're providing with the free cultural
event at the center of their neighborhoods which are the parks. By this time,
I understand all Commissioners and Mayor have received our written project
172 March 10, 1988
proposal with estimated budget for both musical plays. I will answer any
question in regard to this matter. Thank you.
Mrs. Kennedy: This is a nonprofit group, right?
Mr. Fernandez: That is right.
Mrs. Kennedy: Have you ever been funded by the City before or is this the
first time?
Mr. Fernandez: No, ma'am, never we've been funded by the City. We have some
support from the state and from the Dade County very small support. This
project we designed at this point is just for the City of Miami trying to
convey a message, in this case it's going to be against drugs, of course, in
our parks in the City of Miami so that the kids can receive this message from
other kids.
Mr. Plummer: It's way over that.
Mr. Fernandez: We have been established for eleven years in the City of
Miami.
Mayor Suarez: You've been established for eleven years?
Mr. Fernandez: That's right.
Mayor Suarez: Doing this kind of thing for eleven years?
Mr. Fernandez: We've been in the City of Miami for eleven years.
Mayor Suarez: With what funding up to now?
Mr. Fernandez: Well, we tried to subsist with very little money from here,
from there, some donations.
Mayor Suarez: What has been your yearly funding up to now typically or the
last year, say 1987?
Mr. Fernandez: All right, the state gave us last year $1,500. The State of
Florida.
Mayor Suarez: From what fund, do you know?
Mr. Fernandez: Theater, theater funds.
Mrs. Kennedy: Are you getting any money from the state this year?
Mr. Fernandez: We don't know so far, we applied but we don't know. We won't
know until August whether it's being approved or not.
Mayor Suarez: Mr. Manager, what do you suggest on this one?
Mr. Odio: I'm sorry, I think it has a potential. We're already funding
another program with Neal Colzie.
Mayor Suarez: Oh, you're thinking about what, Pros for Kids, is it? It's
sports as opposed to theater.
Mr. Odio: There's also the Red Ribbon Day and we have no funds.
Mr. Plummer: Mr. Mayor, let me just interject for one minute. Looking and
adding our request for today alone, just today, this agenda has request for
$647,000.
Mayor Suarez: And many of those, if not all, most of all are very worthy
activities. We just don't have that kind of money.
Mr. Plummer: $650,000.
Mr. Odio: We have seven more meetings to go in the year.
173
March 10, 1988
• 0
Mayor Suarez: Any motions from the Commission? I don't know that it's worth
it to refer back to the Manager on this one. OK, thank you for your
presentation, I guess we'll help you to get state funding and otherwise and
you can count on, certainly my office, and that of the other Commissioners for
support, but the City doesn't have any money for this kind of program.
Mr. Fernandez: Is it possible that our project could be squeezed in in
another project?
Mayor Suarez: You can certainly apply for our, if you consider this a
festival for the festival funding and see if, on a...
INAUDIBLE COMMENTS BY MR. ODIO NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Right, on a...
Mrs. Kennedy: Yes, why don't you meet with Frank Castaneda and see if you can
qualify for that program.
Mr. Fernandez: We have done that, we've done already. We are in...
Mayor Suarez: If you could... when does that come back to us for allocation,
the two hundred...
Mr. Frank Castaneda: The festival money is in October, but right now he is
working with Tony Lizaso on my staff to see what grant applications we can
submit.
Mayor Suarez: And count on any support from us as far as any correspondence
you might want to send to the legislature or the Governor, any other agencies
that have a lot more money than we do. Particularly the state, with eighteen
and a half billion dollars.
65. GRANT REQUEST BY ST. PETER'S CATHEDRAL FOR EXTENSION OF TIME FOR PAYMENT
OF COSTS ASSOCIATED WITH CONSTRUCTION OF SIDEWALK AND CONCRETE WALL,
WITH PROVISOS.
Mayor Suarez: OK, item seventy...
Mr. Odio: 73, I believe, Mr. Mayor.
Mayor Suarez: Seventy-three, I guess.
we hear from St. Peter's Cathedral.
St. Peter's. This is the first time
Dean William Lawrence Carey: Right. Dean William Lawrence Carey, 288 N.W.
47th Street, Miami, Florida. Mr. Mayor and members of the Commission, I come
before you today to ask or request an extension of time for the construction
of sidewalks and a concrete wall, etc. as required by the City.
Mayor Suarez: Don, are you going to tell us about this, somebody going to
tell us about this? Go ahead, sir, if you want.
Mr. Carey: Well, we're a by product of urban renewal. In the old days when
there weren't appropriation for giving you back what they had taken and from
that point, we went into a old school with a flat roof and it was the desire
of the faithful there at that time to raise that roof. And in raising the
roof, we later found out that the City required us to do all these
improvements although a year or two ago we paid for sidewalks and sewage and
other things. We have an existing about 5 or 6 foot fence that has been there
through the years and at this time, it would be, well, I'll say the church is
in the same shape as the City at this time. We're unable to make these
improvements as of now.
Mayor Suarez: How much time are you asking for?
Mr. Carey: What I asked for? I would need about seven years. It took us
twenty some years to raise $26,000 to start the improvement of the roof.
174 March 10. 1988
Mayor Suarez (Off and on mike): And ask for seventy while he's at it. What
do you have to say about this, Don?
Mr. Don Cather: I'm simply trying to enforce the code as written in a uniform
manner and we have a day care center here and a school. The City has improved
39th and 40th Street, this is on 2nd Avenue and the street is in bad shape and
It needs a new sidewalk moved back to proper line and grade. And, as you
know, we are short of funds and this is a situation where I believe that these
children are entitled to sidewalks. I regret that the... I don't know of any
source of funds, but...
Mayor Suarez: Why is this their responsibility because they had some work
done there before that required for this to be...
Mr. Cather: Yes, the section 54-47 and 48, they were required to build new
sidewalk, curb and gutter as required and...
Mayor Suarez: As required by what? They took some action to improve their
own property?
Mr. Cather: Well, as required by the conditions in the street. There's no
sidewalk there now at all and the sidewalk is in the wrong place.
Mr. Dawkins: No, Mr. Mayor, by the fact that they made renovations to the
building and this same ordinance that he's repeating says that if you do "X"
number of dollars of repairs to the building, you must bring the streets up
and put in storm shutters, I mean gutters, and what have you.
Mr. Cather: That's correct, sir.
Mr. Dawkins: And what they want these people to do is take this sidewalk...
they got to take this sidewalk from here all the way to this building and I
don't...
Mr. Carey (Off mike): This is the existing sidewalk on the 2nd Avenue side
now.
Mr. Plummer: Oh, my Lord, look who's here.
Mr. Dawkins: Oh, a competitor.
Mr. Plummer: Oh, my Lord, a competitor?
UNIDENTIFIED SPEAKER (OFF MIKE): That's right, an undertaker.
Mr. Plummer (Off mike): It's not a competitor. Every time I turn around
somebody is stealing all of my equipment. Are you kidding me?
Mr. Carey (Off mike): And that's the 48th Street; the sidewalk and gutters
are there. They want us to move these trees and put the concrete in there
which seems to me it would be ......
Mayor Suarez: He's saying if the sidewalk was... on this particular picture,
Don, is you want to take a look at it real quick. If you extended the
sidewalk to the building, you'd actually be making it look a lot less
aesthetically pleasing because you're wiping out the shrubbery there.
Mr. Plummer (Off mike): What did you get from ?
Mr. Cather (Off mike): ... well that's not the section, this is not at the
proper grade, it should be back to this point here.
Mr. Dawkins: That's what we're saying.
Mr. Cather (Off mike): We're not worried about that, we're worried about the
place where there is no sidewalk at all and...
Mr. Carey (Off mike): That's not on my property. My property is completely
sidewalked.
Mayor Suarez: So how does it affect his property is his property's got the
sidewalks on it?
175 March 10, 1988
Mr. Cather (Off mike): Well, it's that they're not at the right line of
grade. Too for out...
Mayor Suarez: OK, so now it's not at the right line of grade.
Mr. Cather (Off mike): They line up with the rest of the street.
Mayor Suarez: Well, the City put it in when it was a whole different
configuration, is that...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins (Off mike): Well, let him go back to the mike, let him...
Mayor Suarez: We need both of you at the mikes, I guess.
Mr. Dawkins: Go back to the mike, go to the mike, sir. OK. How much work
has to be done in that area around his church to bring this area up to code as
far...
Mr. Cather: Do you have the estimate of cost that we gave you, sir?
Mr. Dawkins: No, no, no not may, how much other work in the community?
Mr. Cather: I don't know what you mean, sir.
Mr. Dawkins: All right...
Mr. Cather: We just improved 39th and 40th Street.
Mr. Dawkins: All right, all right, all right, wait a minute, I'll help you
understand me. All right, let's take this piece of property and name it
Property C. All right, let's take another one and call it D. Let's take
another property, call it E, let's take another property and call it F. OK?
How long would it take us to do F, E, and D before we get to his property,
perhaps?
Mr. Cather: Well, we won't be doing Second Avenue because that's a county
street.
Mr. Dawkins: OK.
Mr. Cather: We did 39th Street and 40th Street. We've improved both of those
streets.
Mr. Dawkins: OK, so in other words, the only thing to be done is what we're
requiring that he does in front of his property.
Mr. Cather: I presume there might be other examples of a similar nature out
in the street, yes. I haven't checked that out.
Mr. Dawkins: There's another church - there's a church on the corner, yes.
OK, but it wouldn't hurt us to wait three years, right?
Mr. Cather: It's a liability to the City and it exists right now, it's not...
Mr. Dawkins (On and off mike): Not in front of his, not... well, OK, come
here a minute then again. If he were to replace these pieces of like
you said there's a liability, could we wait for the rest?
Mayor Suarez (Off mike): Tell him I'll reduce it from the other things that
I'm asking for.
Mr. Dawkins (Off and on mike): Hold on. Could we repair the pieces that are
broken like this there are the liability and then wait...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: OK, all right, because you don't mind doing that.
Mr. Carey (Off mike): Hmmm?
176 March 10, 1988
Mr. Dawkins: You don't mind doing that.
Mr. Carey (Off mike): Oh, no.
Mr. Dawkins: OK, all right.
Mr. Cather (Off mike): Could we get a covenant for this encroachment into the
public right of way?
Mr. Dawkins (Off and on mike): OK, yes. All right, I make a motion that if
the church will find the money to repair the broken sidewalks that make the
City liable so someone who may fall, that we'll wait five - five years or
seven years?
Mayor Suarez: Subject to a yearly renewal.
Mr. Dawkins: OK, all right five years and than if you haven't raised the
money in five years, we'll revisit it and see if we give you the other two
years.
Mr. Plummer: Second the motion.
Mayor Suarez: Moved and second. Don't you think we ought to make it subject
to a yearly review just in case?
Mr. Dawkins: Yes, by all means, because somebody in his church may hit the
lottery and donate the money. Yes, we'll make it a yearly...
Mayor Suarez: Or the City might find that this was not a very wise thing for
whatever reason that we're just going to have to complete that work for
whatever reason that we can't envision right now and I think that a yearly
review would make sense.
Mr. Dawkins: I'll accept that amendment.
Mr. Carey: Yes, but this is a penalty for us improving and make the City look
better.
Mr. Dawkins: Not you, not you, everybody.
Mr. Carey: Everybody.
Mr. Dawkins: Yes, sir.
Mr. Carey: Because the people across the street is raggeder than that but
they don't have to do anything.
Mr. Plummer: You keep talking, you're going to lose.
Mayor Suarez: OK, that's in the form of a motion. Do we have a second?
Mr. Plummer: Yes.
Mr. Dawkins: Yes, J.L. seconded.
Mayor Suarez: Second. Call the roll.
177 March 10, 1988
The following notion was introduced by Commissioner Dawkins, who moved
its adoption:
NOTION NO. 68-244
A NOTION GRANTING A REQUEST BY REPRESENTATIVES OF THE
ST. PETER'S CATHEDRAL FOR AN EXTENSION OF TIME FOR
PAYMENT OF COSTS ASSOCIATED WITH THE CONSTRUCTION OF
SIDEWALKS, A CONCRETE WALL, ETC., AS REQUIRED BY THE
CITY CODE; CONDITIONED UPON THE CHURCH FINDING THE
NECESSARY MONIES TO REPAIR THE BROKEN SIDEWALKS AND
ITS GUARANTEE NOT TO HOLD THE CITY LIABLE; FURTHER
STATING THAT, IN RETURN, THE CITY WOULD ALLOW SAID
CHURCH A PERIOD OF FIVE YEARS FOR PAYMENT OF ALL COSTS
ASSOCIATED WITH SAID CONSTRUCTION, WITH AN ADDITIONAL
TWO YEARS IF IT BECOMES NECESSARY; AND FURTHER SUBJECT
TO A YEARLY REVIEW OF SAID MATTER BY THE CITY.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
66. EXPRESS SUPPORT OF THE MIAMI MAGIC FESTIVAL AND CONVENTION EVENT -
INFORM OF COMMISSION'S SUCCESS IN OBTAINING FOR THE JUNIOR LEAGUE $7,500
DONATION FROM THE DOWNTOWN DEVELOPMENT AUTHORITY (SEE LABEL 56).
----------------- ------------------------------------------------------------
Mayor Suarez: Madam Vice Mayor, do you want to make a motion on the Junior
League matter? We think we can maybe squeeze out $7,500 from Downtown
Development Authority.
Mr. Dawkins: For what?
Mrs. Kennedy: Yes, Roy Kenzie just said that he would give us $7500. We'll
try to get some money also out of Off -Street Parking and see what we can do.
Ms. Lynch: Thank you very much. We appreciate it.
Mayor Suarez: Why don't we go ahead and make a motion so that Kenzie sees it
in black and white, it helps.
Mrs. Kennedy: Sure, I move it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
176 March 10, 1968
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-265
A MOTION EXPRESSING THE COMMISSION'S SUPPORT OF THE
"MIAMI MAGIC FESTIVAL AND CONVENTION"; FURTHER
INFORMING REPRESENTATIVES OF THE JUNIOR LEAGUE THAT
THE CITY COMMISSION WAS SUCCESSFUL IN OBTAINING FOR
THEM A DONATION OF $7,500 FROM THE DOWNTOWN
DEVELOPMENT AUTHORITY; AND FURTHER PLEDGING TO THE
JU13IOR LEAGUE ADDITIONAL EFFORTS BY THE CITY
COMMISSION IN TRYING TO EXACT YET ANOTHER CONTRIBUTION
FROM THE DEPARTMENT OF OFF-STREET PARKING.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And any other members of the Downtown Development Authority who
happen to be around here take notice of this request, Mr. Post.
67. ALLOCATE $500 IN SUPPORT OF ITALIAN RENAISSANCE FESTIVAL AT VIZCAYA,
WITH PROVISO.
Mrs. Kennedy: Mr. Mayor, John Edward Smith with item 90 has to leave at 6:30.
Do you think we can take it before then? In fact, he has to leave be.`cre
6:20.
Mayor Suarez: It's your prerogative, if you want to take it up, we're trying
to go through these as quickly as we can. We have the Waterfront Board.
Mrs. Kennedy: OK, let's try to, let's try to do it.
Mr. Plummer: What do you want? Want to do 90?
Mrs. Kennedy (Off mike): Yes.
Mr. Plummer: It's $500, do it.
Mr. Dawkins: Ninety?
Mrs. Kennedy: Move it. You move it?
Mr. Plummer: Oh, let me tell you something, I will definitely move that in
the one thing that they did for me when I had the Florida League here at the
Vizcaya and how they put on such a beautiful presentation, I want to tell you,
you couldn't do it for five hundred. I'll be glad to move it.
Mrs. Kennedy: Great and I'll be glad to second and make sure that the 500
coupons are distributed evenly among all the neighborhoods.
Mr. Dawkins: Where's Anne Marie Adker? Anne Marie Adker, what's your item?
Mr. John Smith: We will arrange that through your Park & Recreation
Department.
Mr. Dawkins: Annie, what's your item?
1'9 March 10, 1988
Ms. Anne Marie Adker (Off mike): Eighty-five.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: This is not festival funding.
Mr. Dawkins: All right, you moved it?
Mrs. Kennedy (Off mike): Yes.
Mr. Dawkins: Call the roll.
Mr. Plummer: well, wait a minute, let's get this thing situated here, this is
for clothing, right? Costuming.
Mr. Smith: Costuming.
Mr. Plummer: Yes. No, no, no, this has nothing to do with a festival. This
is for clothing.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: This is for clothing.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Did anybody call the roll? Call the roll.
Mr. Dawkins: You hollered wait.
Mr. Plummer: Oh. Call, excuse me, huh?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: Five hundred, that's all.
Mr. Plummer: Huh? Hurry up.
Mr. Dawkins: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-246
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
AN AMOUNT NOT TO EXCEED $500 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND IN SUPPORT OF THE ITALIAN
RENAISSANCE FESTIVAL AT VIZCAYA TO BE HELD MARCH 19-
20, 1988; FURTHER STIPULATING THE EQUITABLE
DISTRIBUTION OF DISCOUNT COUPONS FOR SAID EVENT AMONG
CITY NEIGHBORHOODS.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Smith: Thank you very such.
1g0 March 10, 1968
68. DISCUSS AND REFER TO MANAGER OFFICIAL COMPLAINT RECEIVED IN CONNECTION
WITH POOR CONDITIONS AT THE DORSET DAY CARE CENTER.
Mr. Dawkins: Oh, I want to do 85 so I can get rid of Mrs. Adker, please.
Ms. Dana Dorsey Chapman: Are you ready?
Mr. Dawkins: Go ahead. Yes, darlin'.
Ms. Chapman: My name is Dana Dorsey Chapman. My address is 1790 N.W. 59
Street. Mr. Mayor and members of the Commission. First I must admonish the
Mayor for not responding to my letter of February 10th, 1988 when I requested
a written explanation of the deplorable conditions existing at Dorsey Day Care
Center and I further requested the issue of the center being placed on the
agenda at the earliest possible date. And I wanted a written notice of the
day and time of the meeting. I received neither.
Mayor Suarez: How did you get on the agenda today?
Ms. Chapman: I have no idea, I imagine your agenda office placed it there.
Mayor Suarez: Oh, at our request, that's what you had asked, that's what we
got you.
Ms. Chapman: Possibly, but you still did not answer my letter.
Mayor Suarez: Well, we thought you wanted to be on the agenda. Go ahead, go
ahead.
Ms. Chapman: You were supposed to give me a date.
Mayor Suarez: Today, go ahead.
Ms. Chapman: I didn't get it. OK.
Mayor Suarez: If you're on the agenda, it's because you did get it, but go
ahead.
Ms. Chapman: No, I didn't get it. A friend of mine that works for the City
called me to tease me about being on the agenda. That is how I got it.
Mayor Suarez: That's what did it, huh? Maybe she called or he called us.
Ms. Chapman: That did it. Nothing also did. However, I am here today on
behalf of my family. The family of the late D. A. Dorsey who prior to his
death, donated to the City of Miami a gift of land to be used as a library
facility for the colored race in the City of Miami, County of Dade. My father
died in 1940. A little background. Ms. Rose Annie Coleman, a prominent black
citizen of that day and time aware of the inequities afforded black citizens
of this community in the 309 and 40s started a library facility for children
especially in her back yard acquiring books from anywhere and anyone.
Mayor Suarez: Just so you know, by the way, the letter that you sent me is
part of our agenda package today so at least it made it to the agenda. Go
ahead.
Ms. Chapman: Thank you. A few tables and chairs to accommodate their
knowledge and education. We were not privileged to have school libraries at
that time and could not enter one City or County library because of our high
degree of visibility, the colors of our skins. Me. Coleman went to the one
source she knew was interested in the total education of black boys and girls
and had the land to give to the powers that be who continually said, we have
no land and cannot facilitate a library for the coloreds. I remember coming
home from Douglas Elementary School on the day Ms. Coleman had come to my
father pleading for the land for the library. He was dying of cancer and was
being taken to the hospital the next day. My mother and aunt were in the
kitchen preparing dinner and conversation ensued between them that Me. Coleman
would come out with a sealed document for the land for the library. She was
181 March 10, 1988
aggressive in her desire and dream for the community. After Ms. Coleman left,
my father called my mother and myself to his room and placed both of our hands
In his and said very simply, see to the City keeping to the covenants of the
deed of the library. I was six years old. My father died two days later in
Christian Memorial Hospital. During the 609 a group of Overtown mothers came
to me at my home and informed me that the library had been closed. I, in my
innocence, said that was not possible. The City had a responsibility to keep
the library open. These mothers wanted it open again as a day care facility.
I had no problems with their request. I had a problem with the City. I knew
then what my father had meant by saying, see to it that the City keeps the
covenant of the deed to the library. I visited the site and remembered a
statement often said in my home as a child that white people must be made to
sign the dotted line when dealing with colored people. I came to the body of
the City Commission of the City of Miami and informed the then Mayor, Robert
King High, and the Commissioners of the conditions of the covenants of the
deed and the request of the working mothers of the Overtown community. Melvin
Reese, the City Manager at that time, informed the Commission that the Dorsey
Library was being used as a library facility in that it housed all of the
storm shutters of all of the libraries located in the City of Miami. I then
asked Mr. Reese to identify those shutters racially and as people. He could
not. The library had then been reduced to a warehouse or storage shed. The
Mayor and Commissioners listened and they then decided, with my approval, to
facilitate the needs of the working mothers of the Overtown community and to
allow its use as a day care center having been closed and allowed to
deteriorate, the structure was renovated with a design for a day care center
and several months later, the changes were completed and the community had a
much needed center for some of their little ones whose mothers had to work to
care for their essential needs. I am back here again today, 25 years later,
for the needs have not changed in the Overtown area. Mothers still need a
safe place for their children to be located when they are at work. The center
is closed. The homeless have broken into the center and it is being used as a
place for overnight sleeping and toilet facilities. There's also the
prevalence of drug use on the property. The City of Miami has become a slum
owner of its property in the area and it appears non caring about its youngest
citizens. The children of the ghetto are the victims. A ghetto that was
created during the past by your predecessors who involved their community with
slum clearance and expressways in the name of progress. When I came to the
Commission about the library during the 60s, I was a mother with two
daughters. I now have three daughters and two grandchildren. They have been
educationally trained regarding the responsibilities of their grandfather's
gift to this City and your predecessors having signed on the dotted line.
This body and whatever group of people sit here as the Mayor and Commissioners
in the future have three generations of us to see that the commitment is kept.
I would like to know your posture, Mr. Mayor and members of the Commission,
about the Dorsey Day Care Center.
Mayor Suarez: What is on there, Madam City Attorney and what's the legal
status of it? I'm not sure I know what the request even is at this point.
Mrs. Dougherty: There is a building that is in an unsafe condition. It's
boarded up, basically run down and it's my understanding that the City was
considering taking it down, demolishing the building as of last week.
.9yor Suarez: OK.
Mrs. Kennedy: The building is not in the condition to run right now as a day
care center.
Mrs. Dougherty: No, it would have to be...
Mayor Suarez: Right, Mr. Manager, you're going to...
Mrs. Dougherty: It would have to be improved.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Al Armada: There is, in fact, a dfted that was given to us from, I believe
It's the new Washington's Library basically saying exclusively that that
building has to be used for a library and I would assume that if it's not used
for a library, it should be returned back to the heirs.
Mr. Dawkins (Off mike): There is a covenant?
182 March 10, 1988
f
r]
Mr. Armada: Teo, sir.
Mr. Dawkins: It says that?
Mr. Armada: Yes.
Mr. Dawkins: So why don't we give her property back?
Mr. Armada: That's right, yes.
Ms. Chapman: May I say something to you, all of you. When I came to the
Commission, I think it was in 1963, it was with the understanding that you
would maintain that facility the same as... it had been prescribed by the
covenant of the deed.
Mayor Suarez: Was it deeded to the City at the time?
Mrs. Dougherty: It was deeded to the lib...
Mr. Dawkins: Read the deed, read it.
Mr. Odio: Put it anywhere.
Mr. Armada. It was deeded from the family, OK, to the new, the Washington
Heights Library Association with very specific restrictions that it be used
solely for a library.
Mayor Suarez: Right.
Mr. Dawkins: OK.
Mr. Armada: The new, the Washington Heights Library Association then deeded
that with the same restrictions to the City of Miami.
Mayor Suarez: What year was that?
Mr. Dawkins: All right, go ahead.
Mr. Armada: That was 1942.
Mr. Dawkins: OK, go ahead.
Mr. Armada: In 1966, yes 1966, there was an agreement whereby the City gave
the use of that property to a program which was essentially called the
Economic Opportunity Program, Inc. for a day care center operation. And at
that point...
Mayor Suarez: Just the management, I mean it wasn't a deed or anything.
Mr. Dawkins (Off mike): Wait a minute, go ahead.
Mr. Armada: No, it was an agreement. It was like a lease agreement, it was
like a lease. And, of course, that was with the consent of the here then Dana
Dorsey Chapman, OK?
Ms. Chapman: That's me.
Mr. Armada: Yes.
Mr. Dawkins: OK, all right.
Mr. Armada: From that moment on, in 1972 there was another supplemental
agreement allowing Dade County to continue to use that property as a day care
center, OK, from the Economic Opportunity Programs which apparently just
simply stopped existing. So at this point, in 1986, OK...
Mayor Suarez: Economic Opportunity, you mean the federal agency?
Mr. Armada: I don't know, air. It probably was some kind of local program.
Mayor Suarez: Because that federal agency was eliminated, 170s.
183 March 10, 1986 N
Mr. Armada: In any case, Dade County continued to use that facility until
1985. In 1986, it came - Dade County approached the City of Miami and said,
here's the property back. You know, we don't want to use it at this point.
So we have just left it there since 1986 figuring out what to do. We thought
at one point it was surplus property that we thought we could sell it. I
spoke to Miss Chapman, I remember speaking to her at that point and I informed
her that we had become aware of the fact that there were these deed
restrictions and we were going to try to give it back to her. And we haven't
acted any further than that.
Mr. Dawkins: But did the first deed may that when we first received it that
the City of Miami would maintain it as a library?
Mr. Armada: Yes, it was to be maintained as a library.
Ms. Chapman: Um hmm.
Mr. Dawkins: OK, all right, now how did you get out of that arrangement?
Mr. Armada: Because there was an agreement that took place in...
Mr. Dawkins: An agreement between whom?
Mr. Armada: The City of Miami and the Economic Opportunity Programs, Inc.
which was consented by Miss Chapman saying that they could use it from a
library to a child care center program in 1966.
Mr. Dawkins: All right, at that time did we, as the City of Miami, agree that
since we had agreed to maintain it as a library that you would maintain it as
a day care center?
Ms. Chapman: It was.
Mr. Armada: And I think it was until 1986 but not by the City.
Mr. Dawkins: Well then in 1986, if you had an agreement, how did we get out
of the agreement?
Mr. Plummer: No, Dade County.
Mr. Armada: The agreement, air, since we at that time had title to the
property, in 1966 we basically just leased it over to Dade County. They were
the ones that operated the day care center. We just sat there as the, if you
will, the lessors.
Mr. Dawkins: I'm going to ask my question again, if the City of Miami
promised the owners of the property that we would maintain it as a day care
center, then we should have gotten a OK from the County that they would
maintain it as a day care center.
Mr. Armada: That's exactly what this 1966 agreement is.
Mr. Dawkins: So then, what we need to be doing then is going with Mrs.
Chapman to the county to see that the county maintain it as a day care center
because Mrs. Chapman is saying, I think I hear, that she's not interested in
the property. She's interested in providing some day care center for a needed
area. Is that what we're saying?
Mrs. Kennedy: A much needed area.
Ms. Chapman: That is exactly what I am saying.
Mr. Dawkins: So now where do we go from there?
Ms. Chapman: Probably in Bayfront Park.
Mr. Plummer: Well, but they're saying now that it's deteriorated to a
condition where it's got to be demolished. It's not worth fixing up.
Mayor Suarez: Why don't staff study this and come back with a recommendation.
It doesn't sound like, from what the City Attorney is saying, that it's
184 March 10, 1988
necessarily a good idea to propose that it be given back for other legal
reasons that you know about another case that we have pending involving a lot
of money, plus she's requesting for it to be used in a particular way. I have
no idea how we're going to deal with this. I'd...
Mr. Dawkins: Just what you're saying...
Mayor Suarez: ... refer it to staff for a recommendation. Have them analyze
it, you... or leasing coordinator come up with something with something for...
Ms. Chapman: Mr. Mayor and members of the Commission, may I say this, because
I just got through talking with Dade County, writing the Dade County Board of
Public Instruction, about some of the things that are going on over at Dorsey
Skills Center. It appears to me that City and County government seem and fail
to maintain properties and gifts that have been given to them. For what
reasons, I don't know. I know that I generate a few dollars - I don't live in
the City, I live in the county - to the City of Miami's coffers and things
that you expect to be taken care of are not done.
Mayor Suarez: Well, we're trying to figure out what to do with this
particular property aside from your general remarks about the rest of the
City, which I don't agree with but we certainly have to do something with this
property.
Ms. Chapman: Well, you know, we're the last to get anything done.
Mayor Suarez: Who is?
Ms. Chapman: ... effectively done, black people.
Mayor Suarez: That's your opinion.
Ms. Chapman: That's what it is.
Mayor Suarez: I'll entertain a motion on staff analyzing this and making a
recommendation to the Commission as to what to do with this property
Mrs. Kennedy: Move it.
Mayor Suarez: We have a motion, do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Second. Any discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-247
A MOTION REFERRING TO THE CITY MANAGER AN OFFICIAL
COMPLAINT RECEIVED FROM MS. DANA DORSEY CHAPMAN
REGARDING POOR CONDITIONS AT THE DORSEY DAY CARE
CENTER, FOR PROPER ANALYSIS AND RECOMMENDATION TO THE
CITY COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Ms. Anne Marie Adker: Mr. Mayor.
Mayor Suarez: Anne Marie.
185 March 10, 1988
0
•
Ms. Adker: While we're on the subject of that involves Parks 6 Recreation.
Mayor Suarez: We're not.
Mr. Dawkins: No, we're not.
Mayor Suarez: We're not on that subject.
Ms. Adker: Day care comes under Parks 6 Recreation.
Mayor Suarez: We're just trying to figure out what to do with that property,
we're not on Parks 6 Recreation.
No. Adker: I have a grave concern that I am quite sure that you, Mr. Mayor
and the Commission, would be interested in.
Mayor Suarez: Regarding?
Ms. Adker: Regarding Parks b Recreation and...
Mayor Suarez: We've moved on many items having to do with Parks 6 Recreation
today. This is not one of them and maybe you ought to...
Ms. Adker: I...
Mayor Suarez: ... and you ought to get a - Commissioner Dawkins, for example,
made a motion that in the same way we have disposed of the Lumnus Park
situation, we move as an emergency on the rest of the parks improvement.
Ms. Adker: There's, there...
Mayor Suarez: Wait, wait, wait, wait, wait. That we move with the same
expeditious manner that we did for Lummus Park for the rest of the parks
improvement fund which, as you know, is an $8,000,000 expenditure, very
complicated. I don't know if that's going to resolve your concerns but...
Ms. Adker: Improvement bonds and what's going on in our parks when I called,
requested a meeting either with Mr. Golby or Mr. Howard...
Mayor Suarez: And you want...
Ms. Adker: ... last year in November, they sent an assistant to the assistant
and finally we had a fatality that could have been avoided at Gibson's Park on
Sunday night all because of the non concern of your administration in Parks &
Recreation. When I told them of the concerns that the people have in that
area of unauthorized, non supervised activities going on in the area of
Overtown, they sent an assistant to the assistant who tells me, well I'll have
to change the locks on the parks.
Mayor Suarez: Wait, wait. Anne Marie you've got Al Howard here, he is not an
assistant to an assistant, but he's actually the assistant director...
Ms. Adker: I'm telling you...
Mayor Suarez: No, wait.
Ms. Adker: ... they sent an assistant to the assistant.
Mayor Suarez: Well, but today we're going to solve that because you're going
to meet with him right now and any of the County Manager's office.
Ms. Adker: It is a little bit late, sir.
Mayor Suarez: I'm aware of that as to that incident. I don't know how that
incident has anything to do with the City...
Ms. Adker: You don't know how it happened?
Mayor Suarez: But I want you to tell him.
186 March 10, 1988
Ms. Adker: The lights Mere on in the basketball court which was an
unauthorized thing.
Mayor Suarez: I want you to meet with Mr. Howard and explain it all to him
and he will come back...
Ms. Adker: And explain it all to Mr. Howard.
Mayor Suarez: Don't you want to meet with someone from Parks It Recreation who
Is in a position of authority7 He is the assistant director, Anne Marie.
Ms. Adker: I know, sir, but I made the request, Mr. Mayor.
Mayor Suarez: OK, it's being granted right now. You can meet with him if you
want. Item seventy...
Me. Adker: I guess I'll have to wait for next fatality.
Mayor Suarez: ... four. I don't know what you'll have to wait for.
------------------------------------------------------------------------------
69. REQUEST OF THE CITY COMMISSION TO DIRECT TO THE WATERFRONT BOARD ANY
WATERFRONT ISSUES.
------------------------------------------------------------------------------
Mayor Suarez: Item seventy-four.
Mr. Stuart Sorg: Mr. Mayor, I'm Stuart Sorg, the newly elected chairman of
the Waterfront Board and I want to sort of bring you up to date. First of
all, before I do that, let me introduce you to the Governor of Honduras.
Never have I known one man who could go into a country in two days and have
two cities eating out of his hand. It was just incredible, what an ambassador
he is. Anyway, let me may in 1980, those of you who remember the Waterfront
Board was formed to provide advisory service to the City Commission and we've
been functioning all these years and it was a policy over the years that all
items pertaining to the waterfront always came to the Miami Waterfront Board
prior to the City Commission. And I'm here today to ask you as we begin a new
era with the Waterfront Board that you kindly adopt that policy once again. I
think we can be of greater service to you and I'd like your support on that
issue. We'll be coming back next month requesting for you to pass your
approval on new members of the Waterfront Board and we've got some good people
coming along and I hope that you all will locate those people that you feel
are capable and support us that way. But, Mr. Mayor, if you will only stand
by us on all these issues coming to the Commission, I'd really appreciate it.
Mayor Suarez: Thank you Stuart.
Mr. Plummer: We're not making any appointments today?
Mr. Sorg: No, sir.
Mayor Suarez: Nope, they're not up.
Mr. Sorg: We're going to come back next with a full package for you next
week; next month.
Mayor Suarez: Thank you for your report.
187 !larch 10, 1988
-------- - -------- -----------------------------------------------------------
70. REFER REPRESENTATIVE OF UNITED WORLD CHURCH SUPPLY TO ADMINISTRATION TO
PROVIDE ADMINISTRATIVE ASSISTANCE TO SAID GROUP.
Mayor Suarez: Item 75, United World Church Supply 6 Printing.
Ms. Ella Black: Ella Somerset Black from United World Church Supply 6
Printing. I'm here this afternoon representing some business from United
World Church Supply 6 Printing and some business from the City of Miami. I
received a letter from...
Mayor Suarez: Are you located in the City and, if so, could you give us your
address for the record, that way...
Ms. Black: In the City. 1038 N.W. 36th Street.
Mayor Suarez: Beautiful.
Ms. Black: I received a letter from the City on December the 23rd stating
that the Citywide pilot program that you had anticipated on starting it 60
days. The sixty days has expired and I haven't heard anything from Mr.
Castaneda's office about this so I'm here requesting that since the money has
been appropriated for this Citywide loan program, that you implement this
program today. United World Church Supply deals with over 200 churches in
south Florida area. With the help of this loan, we could become a major black
owned business in the City of Miami. And later on, we plan to have a
manufacturer in the City that would produce jobs for the people here. So I'm
here requesting that will you please implement this Citywide program to
enhance our businesses.
Mayor Suarez: Now, as to your particular business, that would be a classic
one for Miami Capital Development, wouldn't...
Mr. Dawkins: No, no, hold on, hold on...
Mayor Suarez: Commissioner.
Mr. Dawkins: Let me say what's not being said. When we made the money
available for Liberty City, there was another fund established, right?
Mayor Suarez: Right, the other half.
Mr. Dawkins: Frank?
Mr. Frank Castaneda: Right.
Mr. Dawkins: All right, how much is it?
Mr. Castaneda: It's about $260,000 or $270,000.
Mayor Suarez: Two seven.
Mr. Dawkins: And we said that we were going to break it up and give how much
to each target area for the lack of a better word?
Mr. Castaneda: Well, I don't think that you went that far. I think that you
discussed that it would be about 30 to 40 thousand dollars per target area
because if I recall correctly, we said that we would exclude obviously model
city and I believe that you also said that you would exclude downtown Miami,
if my memory serves me correctly. And then the money would be disbursed among
all the other target areas.
Mayor Suarez: But we didn't discuss splitting it up, apportioning it like
that per target area, it was supposed to be Citywide.
Mr. Castaneda: I think basically it was discussed that if you would do that,
you would get about 30 or 40 thousand dollars per target area, but I believe
that you did exclude downtown out of the area.
188 March 10, 1988
Mr. Dawkins: OK, where is the start and implementation of that program?
Mr. Castaneda: Well, we've been handling the model city program from our
office and that program was going to be implemented by Miami Capital. I think
that we were waiting on some direction as to approval that the loan committee
would handle it or so forth. Remember...
Mr. Dawkins: Waiting on what?
Mr. Castaneda: Whether the loan committee would handle it or how it would be
done. Remember, that in the model city program we appointed a screening
committee and a loan committee. In the case of Miami Capital, you already
have a loan committee and they basically, I think, that Miami Capital needs
some direction as to that.
Mr. Dawkins: And you applied for a loan, when?
No. Black: I applied for the loan the same time that the Model City - the
Liberty City, Model City...
Mr. Castaneda: That's correct, Commissioner.
Ms. Black: ... but I was declined.
Mr. Castaneda: Right.
Mr. Dawkins: All right, well why wasn't she... beg your pardon?
Mr. Castaneda: She was declined because her business...
Mr. Dawkins: No, no, no. I don't want to know about no declining. Why
wasn't she referred to Miami Capital?
Mr. Pablo Perez Cisneros: She was in Miami Capital.
Mr. Dawkins: All right what happened?
Mr. Cisneros: She was given an application at the time by one of the loan
analysts, Mario Basti. She was told at the time that since she was borderline
with Model City, that she also could explore the situation of obtaining a
better term loan for the Model City area. She was rejected by the Model City
loan program because she lived one block outside the area. Now, we gave her
an application for Miami Capital and we never heard from them again.
Mr. Dawkins: She didn't fill it out and didn't turn it in?
Mr. Cisneros: Never saw her back.
Ms. Black: No, Mr. Castaneda told me that the Citywide program would be
implemented...
Mr. Dawkins: No ma'am, no ma'am, hold it, let's forget that, let's forget...
don't tell me nothing else about the Citywide program right now, OK? Hold on,
just forget that, OK? What do 1 have to do to get this lady into the - I'm
sorry, this business into the Miami Capital Development, Inc. loan portfolio
and we make her a loan?
Mr. Cisneros: She has an application. She has to fill it out, bring the
documents to Miami Capital. We'll look at it, analyze it, bring it to the
loan committee and, you know, expect that it passes if it is a good loan.
Mr. Dawkins: Tish!
Ms. Black: He stated that I must be turned down - oh, OK.
Mr. Dawkins: Take it easy. Tish! Is Tish in my office please? Come here.
Come on up here. No, come through here darlin'. Come here, I want you to
meet with this lady Monday morning in her office, OK? I want you to walk with
her through any form that she has to walk through. I want you to take her to
Miami Capital and I want you to fill out the form, sit there with her until
they approve them or reject them. And if they reject them, bring them to me.
All right? That's your assignment until it's finished. OK? Go ahead, Miss,
till we get something. Go to the next one. OK?
189 March 10, 1988
Mr. Cisneros: Thank you, Commissioner.
Ms. Sarah Williams: May I say something?
Mayor Suarez: You don't want somebody to walk you through Miami Capital
Development because we aren't going to assign anybody to you, that's for sure.
Mr. Dawkins: That's right. No way.
------------------------------------------------------------------------------
71. REFER MISS SARAH WILLIAMS TO ADMINISTRATION FOR ASSISTANCE IN CONNECTION
WITH HER REQUEST FOR A COMMERCIAL LOAN.
Ms. Sarah Williams: Excuse me.
Mayor Suarez: You've been around too long. Yes, ma'am.
Ms. Williams: May I say something?
Mr. Dawkins: Yes, ma'am.
Ms. Williams: I'm here with Mrs. Somerset because I'm with the Overtown
Shopping Center. I've got a laundromat in Overtown Shopping Center. I was
told that there was going to be a program implemented under this Citywide
program and that...
Mr. Dawkins: Frank. Go right ahead, ma'am.
Ms. Williams: And I had spoken earlier to Mr. Castaneda several months ago
and he had informed me that the monies that I'm concerned with borrowing under
the loan program would have to be collaterized but the Model City money didn't
have to be collaterized so...
Mayor Suarez (Off mike): That's true, that's...
Ms. Williams: ... we got very confused with this issue and we're pretty much
desperately in need of getting this loan expedited. So far we haven't been
able to work with anybody on this loan program. So I don't know what I'm
supposed to do. I've got an application that's been flip flopped from desk to
desk for the last six months or so and I've got it with me today so if anybody
wants to take it and help me with it, I'll be more than glad to do so.
Mr. Plummer (Off mike): Tish.
(Laughter)
Mayor Suarez: What is your loan for? What have you requested a loan for
to...
Ms. Williams: You mean what I want to use the money for?
Mayor Suarez: You got it.
Ms. Williams: We would like to expand our business into the commercial area.
I also right now we're...
Mayor Suarez: But when you expand you mean to physically expand, therefore,
you might have leasehold improvements or something that would be
collateralized.
Ms. Williams: Well, we...
Mayor Suarez: Because you might be just a classic for Miami Capital
Development with the existing portfolio.
Mr. Dawkins: OK, go out there with Tish. Tell Tish I've...
190 March 10, 1980
Mayor Suarez: Yes, you really should go through that whole process. The
thing is, she's saying that they're telling her that there's no way for you to
post any kind of collateral, huh, for your business?
Ms. Williams: you, well I would like to refinance the equipment that I have
now and that was one of the problems that we couldn't...
Mayor Suarez: Refinance the equipment?
Ms. Williams: Yes, so that I can...
Mr. Dawkins (Off mike): She has a coin laundry in Overtown Park/West.
Mayor Suarez: Why can't that equipment be collateral?
Ms. Williams: That's what I asked Mr. Castaneda and he said that it couldn't
be done.
Mayor Suarez: She's got equipment that she wants to refinance. Presumably,
the loan would pay the existing financing, it would free the existing
financing and it would...
Mr. Dawkins (Off mike): Let her go with Tish and let Tish work it, I'll bring
It back...
Mayor Suarez: OK, why don't you go through that process...
Mr. Dawkins: Find Tish and let her assist you and then we'll bring that back
also please. No, we don't want to do nothing for you.
---------------------------------------------------------- -------------------
72. DISCUSSION CONCERNING APPORTIONMENT OF MONIES LENT BY MIAMI CAPITAL.
------------------------------------------------------------------------------
Mr. Emilio Lopez: I want to ask a question, sir.
Mr. Dawkins: In English?
Mr. Lopez: Any way you want, I can do it in Spanish or English or French, if
you want. No, the reason I coming from... I heard about the $270,000.
Mayor Suarez: We haven't done anything with it yet, I guess we're traumatized
by the prior pilot program. I figured you would be coming up here about that.
Mr. Lopez: That's what I would like to find out. When is this going to
happen? And it's not for me.
Mr. Dawkins: OK, well, Mr. Castaneda.
Mr. Lopez: You know, I would like to find out, I have asked the question.
Mayor Suarez: We haven't set the ground rules on how and if and when we're
going to implement that one.
Mr. Lopez: How long is it going to take?
Mr. Dawkins: OK, OK, hold on, we're going to find out. What's the status on
the Citywide loan. How are we going to implement it?
Mr. Plummer: Emilio, Emilio would you come to the microphone, it's your turn
to be told no.
Mr. Castaneda: It hasn't started, it's in freeze right now.
Mr. Dawkins: It's on hold?
Mr. Castaneda: In hold.
Mr. Dawkins: Until we can square away the other project.
191 !larch 10, 1988
Mr. Plummer: You're the next item.
Mr. Dawkins: We've got enough problems with the other one, we don't want to
compound them, is that... OK, what did they say, Mr. Emilio Lopez, sir?
Mr. Lopez (Off mike): Yes, sir.
Mr. Dawkins: They said that they're busy - we, the City Commission created
such a monster when we created the other one.
Mr. Lopez (Off mike): Uh huh, for $270,0007
Mr. Dawkins: With the other one...
Mayor Suarez: No, the other one was $570,000.
Mr. Dawkins: ... $570,000, that we're trying to get some ground rules and
square that away before we get into the other one so we won't run into the
same problem, OK?
Mr. Prentice Rasheed: Mr. Mayor, Commissioners...
Mr. Dawkins: Name and address, Mr. Rasheed.
Mr. Rasheed: Prentice Rasheed, excuse my voice, 6040 N.W. 7th Avenue, Rasheed
Jewelry and Clothing and also the president of the Liberty City Merchants'
Association. I would like for the Commission on the resolution that we passed
back here about six months ago, if it could be looked at in a way that you
could implement these - I thought we had a fifteen day, working day period and
you also have what would have been three weeks, 21 days, but as of the time of
the loan a resolution was passed, it has been now almost six months and only a
handful of loans have been processed. Based on the resolution, according to
the way I read it, it has been dealt with much differently. And I think
either we need to redo the resolution, at least in a way that people can
understand that, it is being expressed according to the way it was given by
the Commissioners or either it should be implemented the way it was given.
The fifteen working day is not being implemented properly. There's businesses
that have the Miami Capital qualifications that is getting loans and I think
this is short circuiting those businesses...
Mayor Suarez: Well, you said there was a handful only that had been processed
and y.:u're saying there's some of those would have qualified under Miami
Capital guidelines? Of those five?
Mr. Rasheed: I'm thinking of the ones that was public in the paper such as
the Popeye's Restaurant, Popeye franchise business there were a ...
Mayor Suarez: What about that - would that have qualified under normal Miami
Capital guidelines?
Mr. Castaneda: Mayor and Commissioners.
Mayor Suarez: I mean I know I'm asking you for off the cuff...
Mr. Castaneda: I think all the money has been allocated right now.
Mr. Odio (Off mike): All of it.
Mayor Suarez: All of it.
Mr. Castaneda: All of it has and one, two, three, four, five, six, seven,
eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen - I
believe it's nineteen loans, right, Adrienne? Nineteen loans for 6573,000.
Mayor Suarez: Nineteen loans.
Mr. Rasheed: That many people have not received. Nineteen people have not
received money.
Mayor Suarez: Well, have been approved maybe some are waiting for
disbursement.
192 March 10, 1988
9
t
Mr. Castaneds: No, no, we are 1, 2, 3, 4, S, 6, 7, 8, 9 and I believe that...
Mayor Suarez: Well, if the other ones have been...
Mr. Castaneda: ... we have closed on three and seven will be closed by
Friday. Seven more will be closed by Friday so that's ten.
Mayor Suarez: Now, are you concerned that some of them could have gone to
Miami Capital and are...
Mr. Dawkins: No.
Mr. Rasheed: Such as Popeye the service station, I believe the Shell service
station. I believe those businesses...
Mayor Suarez: Are you concerned about those possibly having been the kind
that really shouldn't have gone through this program?
Mr. Castaneda: Well, I was not concerned about the two good ones.
Mayor Suarez: That's the problem, you see. Those are the most secure loans
that we have given, apparently, so in a sense you can be concerned that those
should have gone to Miami Capital just like, sometimes, Miami Capital gives a
loan and it's concerned that maybe it should have gone to a regular bank, you
know, as long as it's a little bit better than they're supposed to be and it's
only two out of nineteen, I guess it's not that big a concern, Mr. Rasheed.
Mr. Rasheed: Well, I'm concerned because again there that I think
that most of you all would agree - I know again you're saying you're out of
money. But they would have qualified and I think that there should be the
information should be that they never have money, I think they're getting
their information mixed up. They're saying, your business do not qualify and
you don't show an impact in the community, that kind of explanation to a
business when there's not enough business in an area in the first place and to
tell them that they do not qualify do not impact the community is to tell that
business to close their door the minute they might know they need some
assistance.
Mayor Suarez: We know that, but I am going to check and Frank, I would like
to be briefed, maybe the rest of the Commissioners would on those two that we
were just mentioning that maybe should not have gone through this loan
program.
Mr. Castaneda: Commissioners, as you recall, we did not make a financial
decision either for or against the loans.
Mayor Suarez: A loan committee, OK, you're right, you're right.
Mr. Castaneda: It was the loan committee, you know, members...
Mr. Plummer: Yes, well they've been doing some strange things anyhow. I
mean...
Mayor Suarez: OK, well I'm going to ask the chairperson of the loan
committee...
Mr. Castaneda: You can ask me if one of the members of the loan committee's
here.
Mayor Suarez: My appointment to the loan committee... OK, Mr. Rasheed, I'm
going to check that out.
Mr. Rasheed: OK, thank you very much. And I hope you would try to implement
those loans in a little more expedient way because they are very dragging - I
mean, this hurts.
Mayor Suarez: But you understand how difficult it was to get to this point
and we're pretty close to...
Mr. Rasheed: I do understand and appreciate you, thank you very much.
Mayor Suarez: Thank you, sir.
193 March 10, 1988
NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEM 78 WAS WITHDRAWN.
------------------------------------------------------------------------------
73. DISCUSSION IN CONNECTION WITH REQUEST FROM BUD LIGHT U.S.T.S. COMMITTEE
SEEKING SUPPORT FOR 1988 TRIATHLON.
Mayor Suarez: Item 79. Bud Light, U.S.T.S. committee for the triathlon.
Mr. Plummer (Off mike): What are you going to do on this, we got some
tremendous publicity out of this last year.
Mr. Odio (Off mike): I can recommend it, J.L.
Mr. Ken Little: My name is Ken Little, I'm representing the Bud Light
committee and also the Greater Miami Jaycees...
Mr. Odio: Excuse me, would you up this?
Mr. Plummer: Said he wasn't here.
Mrs. Kennedy: (INAUDIBLE)
Mr. Little: ...the last piece of paper that I gave you was the most recent
piece of publicity article about last year's event and talking about the
upcoming event. Last year, we came before you and asked for assistance with
the idea that this triathlon, which is part of a national series and was the
kickoff which was moving from Ft. Lauderdale to Miami basically at the
invitation request of the Sports Action Committee of the Chamber of Commerce
would have ESPN TV coverage with one minute of soft time and, at that point,
it was felt that that was well worth the money, the $15,000 contribution or of
In -kind services. As it turns out, if you've seen our video, the soft time
turned out to be more like twelve minutes so I...
Mr. Plummer: All right, Ken, let me slow you down because as it stand right
now, you're not going to get a dime out of this Commission, OK? Let me steer
you in two different - Rodney. First of all, I'm going to steer you down to
the host committee. Rodney, let me tell you, this triathlon last year, we got
twelve full minutes on ESPN, OK? Then I'm also going to steer you to where I
sit in another capacity and that is the TDC. And I would say to you, you're
going to fall on deaf ears here today. You maybe, if you get turned down by
those two, which I will work with you on, then you come back here at the next
meeting. OK?
Mr. Little: Thank you.
Mr. Plummer: Ken, other than that, there's just no way we're going to be able
to do it today. OK?
Mr. Little: Fine, thank you.
Mayor Suarez: And he hit the key when he said 12 minutes on ESPN, that's the
kind of stuff that those two entities are seeking to obtain for Miami aside
from all the other benefits of your event. We're moving quickly.
194 March 10, 1986
74. PRESENTATION BY UNITED TENANT COUNCIL, INC. TO DISCUSS SAFETY AND
SECURITY IN MIAMI IN REGARD TO PUBLIC HOUSING - PRESENT PLAQUES AND
CERTIFICATES TO MEMBERS OF THE POLICE DEPARTMENT.
Mr. Odio: We skipped 77.
Mayor Suarez: I'm sorry, I've skipped 70, I thought we were done with you
this morning, Dr. Vega and, of course, you're going to be so brief anyhow
that's it's going to be about the same thing.
Dr. Enrique Vega: Thank you, Mr. Mayor, but in the land of freedom, I don't
think I am going - talking about safety and security, be so brief. My name is
Enrique Vega and I live in 1403 N.W. 7th. What I am community activist in the
City, the County and the State. Honorable Mayor, Vice Mayor and
Commissioners, thanks for this proclamation that we have received this morning
because we had been fighting crime together with the City of Miami Police and
we have helped them create three programs and they - some Commissioner that
had been witnesses to that. Today I'm going to talk about safety and security
in our elderly and in public housing that now, thanks to all of you, are more
protected. According to the dictionary, safety and security are not the same
thing. Safety is the freedom from danger, risk or injury and devices to
prevent accident.
Mayor Suarez: Oh, Dr. Vega, don't give us definitions, air.
Mr. Vega: Yes, you are telling me that after Mr. Miller Dawkins told you. He
is always telling me, I don't want you to talk now.
Mayor Suarez: No, he doesn't look at the dictionary.
Mr. Vega: No, oh, he is my friend, no.
Mr. Dawkins (Off mike): Miller Dawkins didn't say nothing about you yet.
Mayor Suarez: No, he's getting ready to say something about you but he hasn't
yet to me. No, no, no, we haven't skipped you at all, we took you exactly in
order.
Mr. Vega: I have been skipped and we are elderly.
Mayor Suarez: You're using up your time. Go ahead, just tell us, don't give
us any definitions. What do you want to tell us?
Mr. Vega: And this is what is safety. Now, security is freedom from fear
consider that in the surrounding, there is no risk of damage that will hit us.
I want to take the opportunity to thank the Commissioners of the City of
Miami, the Mayor and the Vice Mayor, some of you were not here before, three
years ago, but three years ago we got $250,000 for the first time and I was
the one who presented the case in the community development.
Mayor Suarez: No, no, no, no, that wasn't three years ago, I remember that.
That was the matching grant with the county and with this Commissioner here
and I here, that was a lot less than three years ago.
Mr. Vega: I'm sorry, I'm sorry. I'm sorry.
Mayor Suarez: The commitment was made three years ago, but the implementation
was made within our term but we'd... that was from Community Development
funds, wasn't it?
Mr. Vega: Wall, things get that at the end of that time...
Mayor Suarez: It was from state funds, Dr. Vega. They're not recurring
funds, but go ahead.
Mr. Vega: ... were county and ...
Mayor Suarez: And City administered loans that we got from the state.
195 March 10, 1988
Mr. Vega: .. and City funds. Now, in this moment, we have now that in a
ec ;Ie of weeks, we are going to make the official inauguration of the new
security logs, the new peep holes and the ADA system, Automatic Door Alarm
system.
Mayor Suarez: When is that going to be?
Mr. Vega: They will...
Mayor Suarez: When is that going to be?
Mr. Vega: In a couple of weeks because Mayor Clark...
Mayor Suarez: You don't have a specific date yet?
Mr. Vega: Not exact date because Mayor Clark wants to get together with you
and combine what is the best day for both of you to attend there.
Mayor Suarez: Oh, that could take years, that could take years to work out.
Mr. Vega: Well.
Mayor Suarez: I would suggest you schedule it at your own convenience and
I'll do my best to be there. I'm sure Mayor Clark would too.
Mr. Vega: All right, all right. And we are going to invite all the City
Commission, the Mayor, the Vice Mayor and the three Commissioners and we are
going to invite some of the County Commissioners. But well, regarding safety
and security, we are having still car thefts and robberies and assaults after
11:00 p.m. because there is no police watch in those premises from 3:00 p.m.
to 8:00 a.m. the next morning. For example, last Wednesday at daylight, an
assault was made on an elderly lady. Why? Because the police officer was so
good that he saw one person sitting down there that was a drunk and he went to
arrest him for bad behavior there and the man took a knife and hit him. Still
until yesterday he was in the hospital. Today he started light work.
Mayor Suarez: Who was in the hospital, the police officer or the...
Mr. Vega: The police officer is Mario Rodriguez, that one had been assigned
since the creation of the gate officers. They are 13 officers as you don't
remember...
Mayor Suarez: He was wounded in that attack, Joe?
Mr. Vega: He was wounded, yes.
Mayor Suarez: Are you aware of that, I'd like...
Mr. Vega: But he arrested the man...
Mayor Suarez: I like to know about those, please, when those happen, go
ahead.
Mr. Vega: And then, two more arrests had been made by other officers that are
covering for him so I'm telling you that until now they have been doing
whatever they can be done without more expense of money. We have a big
problem at night with the people feel unsecure but we could have achieved more
things but we have a big problem in the Miami Police that you, as the Mayor,
the Vice Mayor and the three Commissioners, had to know. I was not going to
say that but the person who came here and threatened me that if I was going to
talk about her and her behavior she had a lawyer and it would not be good for
me in the future. I don't take any threats from anybody.
Mayor Suarez: I wouldn't worry about it.
Mr. Vega: Not even from the Chief of Police. Somebody from his office came a
few minutes ago trying to delay this for later after a conference, no, you
have the right to know what is happening here. How in the world you are going
to have...
Mayor Suarez: As long as it's the truth and as long as you make it short.
196 March 10, 1988
Mr. Vega: It's the truth. Not only I can swear, I can sign with witnesses.
Mayor Suarez: OK, but can you make it short? We want to know the truth.
Mr. Vega: To make short, because of one person the only lieutenant, he's
bilingual that we had for about three years - a year and a half, I mean, three
months and a half after major Gwendolyn Boyd as a woman very beautiful, but as
a police major is unbearable. Then this person, after three months and a
half, she came and told me, I am requesting my transfer to the patrol. It's
too much pressure. This woman looks like an eighteen year old major so I
can't resist and there is no other lieutenant who speaks Spanish. The
majority of the...
Mayor Suarez: Who was that person that was transferred? I gather he's saying
that somebody was transferred out. Is she the - is he talking about the young
officer who's Hispanic that was over there, the woman officer?
Officer Joe Longueira: No, he's talking about lieutenant J. B. Fernandez who
was transferred out of Community Relations to patrol.
Mr. Vega: So, I am telling you the truth and I don't know how the chief of
police can let a person in charge of the Community Relation and let me explain
to you, after I had been invited as being the creator of three programs of the
police, the , the and the guard and the chief is the
witness that I'm telling the truth. Now what happened, well this woman, when
she knew she asked...
Mr. Odio (Off mike): Excuse me.
Mayor Suarez: OK, we're going to clarify that point because we're going to
wrap this up.
Mr. Odio: Just refer this back to me and we'll take care of it.
Mayor Suarez: We're going to check into the issue of Lt. Fernandez. Anything
also, Dr. Vega?
Mr. Vega: No, I don't want to be cut.
Mayor Suarez: We're going to take care of that.
Mr. Vega: Huh? Well, thank you. I want to know that we accuse her of
discriminating against the Hispanic persons. She did not want to invite me
after I had been invited to the opener of three program and this is
good that you know.
Mayor Suarez: Fine. It's in the record.
Mr. Vega: And we are requesting the transfer of that person to another
department when she doesn't have to do anything with Hispanic people. We, the
elderly, are in the majority with exception of the World Towers and other
places we are Hispanics and the majority and we demand that. We are going to
fight hard for this. No panos calientes. No hot paper, no hot clothes.
Mayor Suarez: Thank you, Dr., I think we're going to move on a lot of your
recommendations and otherwise take notice of the things you've told us.
197 March 10, 1968
75. DEFER SCHEDULED PRESENTATION Bi MR. ENOCH GUSTAVE (HAITIAN AND CARIBBEAN
FOUNDATION).
------------------------------------------------------------------------------
Mayor Suarez: Mr. Gustave. You're bringing the big guns with you here.
Mr. Enoch Gustave: Good evening Mayor and Commissioners, we would like to
have this item deferred.
Mayor Suarez: Huh. It's the easiest request all day.
Mrs. Kennedy: Granted.
Mr. Gustave: And also, 1'd like to say a few words for Major Boyd referring
to what the gentleman was saying. I think...
Mayor Suarez: Very few words about Major Boyd.
Mr. Gustave: Yes, yes, I think this is not her item. I think she's doing a
good job and she, as a matter of fact, expressed the will to get in touch with
the gentlemen who are concerned to talk and do the proper work together.
Mayor Suarez: Thank you. We've got a well done defense.
------------------------------------------------------------------------------
76. GRANT $30,000 TO REPRESENTATIVES OF "KEEP DADE BEAUTIFUL".
------------------------------------------------------------------------------
Mayor Suarez: Item 81, Keep Dade Beautiful.
Mr. Bruce Malec: Mayor, Bruce Malec is my name, address is 7790 S.W. 144th
Street.
Mayor Suarez: What happened to Tom Spencer?
Mr. Malec: Tom's not here today. I'm here because I'm the...
Mayor Suarez: You're better than he is, right?
Mr. Malec: ... the chairman of the fund raising committee, OK?
Mayor Suarez: That's much more important than Tom.
Mr. Dawkins: OK, thank you.
Mr. Malec: I don't know what you know about Keep Dade Beautiful, but we're
kind of a rainbow coalition as Jesse Jackson would say and I just wanted to
let you know what we're doing. First of all, we're spending money that's been
raised from other cities, from the county, from private industry in the City
of Miami. Approximately 90 percent of our funds are spent in the City of
Miami. On April 16th, we've got corporations who are sponsoring to clean up a
minimum of 10 homes, at least three will be in the City of Miami, one will be
In Little Havana, one will be in Overtown and the other one will be over in
the Edison Little River area, no charge to the City for this. On the 30th,
Cleanathon Day, Dade County has agreed to let the City dump, free of charge,
which means the City of Miami will save a minimum of $27,000. We, at United
Sanitation, are giving our land fill free of charge to the private haulers
which is another $27,000 minimum savings to the City of Miami. We've got the
private haulers who are donating at least a minimum of twenty trucks plus men
which is approximately about $30,000 savings. So what I'm asking the City, I
think the best deal today is for $30,000 we'll give you a minimum of $100,000
back in return.
Mayor Suarez: What's the $30,000 for ?
Mr. Malec: The $30,000 is for us to operate. We've got programs, valve got
funds, we've got Anna Maria's salary to pay, we've got an overhead, but what
198 March 10, 1988
we're spending in the City, in saving the City, is a lot more than the
$30,000.
Mayor Suarez (Off mike): Who has been funding Keep Dade Beautiful up till
now?
Mr. Malec: Different cities, the county and basically private industry,
private companies.
Mrs. Kennedy: How much does the county give you?
Mr. Malec: The County's given us $35,000 plus free dumping on the 30th which
is equivalent of around $75,000.
Mr. Plummer (Off mike): How much did you get from the Chamber of Commerce?
Mr. Malec: We don't get anything from the Chamber.
Mrs. Kennedy (Off mike): No, they never do.
Mr. Plummer (Off mike): They're no different than anyone else.
Mr. Malec: Well, there's where I disagree with you, J.L., we're doing things
for the City, we're actually spending money, saving the City money.
Mayor Suarez: No, he meant in the sense that you don't get any money from the
Chamber.
Mrs. Kennedy: No, no, about this Chamber...
Mr. Plummer (Off mike): You know, my statement was you didn't get nothing
from the Chamber but if it's a good thing, they'll take credit for it.
Mr. Malec: Well.
Mr. Plummer (Off and on mike): Mr. Manager, you've heard what the man has
said now knowing that we're paying a tremendous fees for the dumping of trash
and garbage, I mean, we're paying an astronomical fee. If what the man is
saying and the numbers come within the realm of reality, I'll tell you it's a
hell of a buy.
Mrs. Kennedy: I think so too.
Mr. Plummer: Now, the question is, do you agree that that free dumping that
they've allowed us to do with no charge would equate and help clean up the
City, then let's do it, let's buy a bargain.
Mr. Odio: If I had any money, I would buy it, I love to buy things.
Mr. Plummer: Chico, look, whatever you spend in the dumping on a day, how
much is that? How much is it, I don't know? That's what I pay you for.
Mr. Odio: I don't know either but we have a big...
Mr. Plummer: Get the heavyweight, come out here.
Mr. Odio: But we have a solid waste department that we have...
Mr. Plummer: What is one day of free dumping worth?
Mr. Malec: Joe, by the way, is on our board, so we're going to...
Mr. Plummer: That's the worst thing you've said tonight.
Mayor Suarez: That's a big mistake.
Mr. Dawkins: Well, Joe just changed his tune.
Mr. Joe Ingraham: Well, what this big...
Mr. Plummer: Now that you've been brainwashed, what were you going to tell
us?
199 March 10, 1988
Mr. Ingraham: Obviously the truth. What they're talking about, Mayor and
Commissioners, one special day event and for the City of Miami, you're talking
about approximately 1,000 tons of garbage for us on that particular day. As
it equates to this event, I can't give you the actual tonnage. I really don't
know.
Mr. Plummer: Well, aren't we paying something like $27.00 a ton?
Mr. Malec: Minimum.
Mr. Ingraham: $36.00.
Mr. Malec: You're paying $36.00.
Mr. Plummer: $36.00.
Mrs. Kennedy: That's even worse.
Mr. Ingraham: $36.00.
Mr. Plummer: So 1,000 pounds is $36,000 we can get for $30,000.
Mr. Ingraham: That's based on if that's going to be. I can't tell you what
the amount will be but that's what's in the budget.
Mrs. Kennedy: And this is a great thing that they are doing and, in fact, I'm
going to move it, that we do it.
Mayor Suarez: So moved.
Mr. Plummer: To me, it sounds like a bargain, I'm going to second it now.
Mrs. Kennedy (Off mike): It is a bargain according to the figures.
Mr. Malec: It is, it's a great deal!
Mayor Suarez: The figure we just... wait, wait, wait, wait. What is our
total bill from the county for disposition of solid waste, Joe?
Mr. Plummer: $36.00 a ton.
UNIDENTIFIED SPEAKER (Off mike): Let me talk, I want to talk. I want to tell
him about graffiti, I want to tell him about...
Mayor Suarez: That's what I can't - my numbers don't add up that's why I want
to...
Mr. Plummer: A thousand tons.
Mayor Suarez: A year.
Mr. Odio (Off mike): It's $9,000,000.
Mr. Malec: No, a day, a day.
Mayor Suarez: No, no, no. No, no, no.
Mr. Malec: A thousand tons a day.
Mr. Odio: Wait, wait, wait, excuse me, it's $9,000,000 a...
Mayor Suarez: I'm doing the mathematics and they just prove my mathematics,
that's fine. I calculated 10 million, you gave me nine, that's close enough.
Based on a per day, trying to figure out on a yearly basis, just in case.
Mr. Plummer: And you know what? Mr. Mayor.
Mayor Suarez: Yes.
Mr. Plummer: Before we, in our generosity gave them the transfer station, you
know what we used to pay? Your fifty a ton. Four fifty, five years ago, Joe?
200 March 10, 1988
What did we pay five years ago a ton for trash, wasn't it about $4.50, $S.007
And it's now up to $36.00 a ton.
Mr. Odio: Yes, and they wanted to raise it more and we are fighting that but
the question is, if we're paying the county $9,000,000, and they're going to
valve one day, fine. Let's get the waiver and save $30,000 on top.
Mr. Malec: Because Cesar, it's because of us that they're...
Mr. Odio: I'm not saving anything.
Mr. Malec: We're the ones that are doing all the work for you. We're the
ones who are saving you the money.
Mr. Odio: You're doing the work for us? All you do is criticise.
Mr. Plummer: Sir, do you know you got a motion and a second?
Mr. Malec: Pardon me?
UNIDENTIFIED SPEAKER (Off mike): You got a motion.
Mr. Plummer: You know you got a motion and a second?
Mr. Malec: I'm sorry, I didn't hear it.
Mr. Plummer: I think it's a good bargain for the City.
Mayor Suarez: Call the roll, if you have no more questions from the
Commission.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-248
A MOTION GRANTING REQUESTS FOR FUNDS RECEIVED FROM
REPRESENTATIVES OF "KEEP DADE BEAUTIFUL"; AND FURTHER
DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $30,000 TO BE USED BY SAID GROUP FOR
OPERATIONAL COSTS IN CONNECTION WITH THEIR PROGRAM.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Go away and sin no more.
Mr. Malec: Thank you very much.
UNIDENTIFIED SPEAKER: Thank you.
201 !larch 10, 1988
— ------ ----------------------------------------- — --------
17. CLARIFY NATURE OF DONATION MADE IN SUPPORT OF THE ST. PATRICK'S DAY
PARADE.
Mr. Plummer: Oh, St. Patrick's Day. Mr. Mayor, yes, let me tell you what...
Mrs. Kennedy: St. Patrick's Day.
Mayor Suarez: St. Patrick's, you're all set.
Mr. Plummer: No, no, let me tell you what happened. There was a
misinterpretation. Somehow it came out as money in -kind rather than a grant.
It was my intent, the maker of the motion, that it be a grant so to clarify
the record, I now remake the motion explicitly making it a grant for the St.
Paddy's Day Parade.
Mr. Dawkins: A grant of what?
Mr. Plummer: Fifteen, the same, no different in money, Miller. Hello.
Mayor Suarez: I'm sorry, you got a motion and a second?
Mr. Plummer: I made a motion to clarify it of a fifteen grant. No different
in money.
Mayor Suarez: Call the roll. Do we have a second?
Mrs. Kennedy: Yes.
Mayor Suarez: Call the roll.
The following resolution vas introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-249
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 88-
114 ADOPTED FEBRUARY 18, 1988 WHICH ALLOCATED AN
AMOUNT NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO COVER THE COST OF CITY
SERVICES IN SUPPORT OF THE SAINT PATRICK'S DAY PARADE
TO BE HELD MARCH 12, 1988 THEREBY CHANGING THE
ALLOCATION TO A CASH GRANT.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
202 March 10, 1988
78. EXPRESS SUPPORT OF FLORIDA HOUSING COOPERATIVE, INC. PROGRAM - DIRECT
ADMINISTRATION TO ASSIST SAID GROUP TO PREPARE GRANT REQUEST TO BE MADE
TO THE STATE OF FLORIDA.
-------- ---------------------------------------------------------------------
Mayor Suarez: OK, back to Florida Housing Cooperative, 83. Are you all set?
When do we get our green jackets?
Mr. Plummer: As soon as you go down and help them paint the street. Is that
tonight?
Mayor Suarez: I'm just kidding, I don't want the newspapers now to may we're
getting green jackets out of this. Eighty-three.
Mr. Plummer: Carlito, vanga, 83.
Mr. Roberto Godoy: Honorable Mayor...
Mrs. Kennedy: Congratulations on your appointment to the Fire Board.
Mr. Godoy: Honorable Mayor and Commissioners of the City of Miami. For
record purposes, my name is Roberto Godoy, Sr. and I am executive secretary of
Florida Housing Cooperative and I am also addressing you in the name of our
president, Carlos Rodriguez Casada, we come before you to request this
honorable Commission to recommend to the State of Florida legislation as was
request dated February 19, asking a grant of $200,000 which fund will be used
for down payments to purchase building to be converted into cooperative units.
There is no question that after crime, housing is the biggest problem in the
City of Miami and Dade County in general and that cooperative ownership is the
real solution for the low income families that will qualify to purchase their
home under the Florida Housing Cooperative. Over one million families in
other states live in cooperative homes and the work we have started in Miami
with your help is the beginning of a great project that is being observed very
carefully by other cities of the Dade County and the Dade County itself. As
you know, with the help of the City of Miami, on the 25th of March, we'll open
the first cooperative building at 626 S.W. 4th Avenue, Miami and we hope you
will accept our invitation to be present together with Washington HUD
representative that will come especially for this event as well as the state
legislators and other officers. Thanks.
Mr. Plummer (Off and on mike): Now you take it from there. All right, what
do we do with item, Mr. Manager? They're asking for money, of course, do we
send it to housing? Where do we send this matter to?
Mr. Odio (Off mike): (INAUDIBLE)
Mr. Plummer: Housing? Is Mr. Gereaux here?
Mr. Odio (Off mike): (INAUDIBLE)
Mr. Plummer: For the allocation of dollars.
Mr. Odio: No, to find out if we can...
Mr. Frank Castaneda: I don't believe that they're asking for money,
Commissioner.
Mr. Godoy: We're not asking for any money. The only thing we're asking is
for the backing of the City of Miami for our request to the State of Florida.
Mr. Plummer: Oh, oh that's fantastic.
Mrs. Kennedy: Oh, I see.
Mr. Godoy: That's all that we want.
Mr. Plummer: I so move.
Mrs. Kennedy: Second.
203 March 10, 1988
Mayor Suarez (Off mike): Thirded. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-250
A MOTION OF THE CITY COMMISSION IN SUPPORT OF THE
EFFORTS AND PROGRAM OF FLORIDA HOUSING COOPERATIVE,
INC.; FURTHER GRANTING ITS REQUEST FOR THE CITY'S
ASSISTANCE IN PREPARING A REQUEST TO BE PRESENTED TO
THE STATE OF FLORIDA GRANT WHICH WOULD BE USED AS DOWN
PAYMENT ON THE PURCHASE OF BUILDINGS TO BE CONVERTED
INTO COOPERATIVE UNITS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
---------------------------------------------------------- -------------------
79. AUTHORIZE CLOSURE OF STREETS, TEMPORARY PEDESTRIAN MALL AND MAKE
ALLOCATION TO COVER USE OF COCONUT GROVE EXHIBITION CENTER IN CONNECTION
WITH THE MARCH OF DIMES "WALKAMERICA 1988", WITH PROVISOS.
Mrs. Kennedy: Item 84.
Ms. Cheryl Virgo: I am Cheryl Virgo the walk director for the South Florida
market of the March of Dimes, address 900 N.E. 125th Street. I'd just like to
say, Mr. Mayor and Commissioners, I was really hoping I wouldn't be the one
that would have to stand here in front of you, that my volunteer would be able
to come up here. However, he had a prior commitment. First of all, I'd like
to thank the City of Miami for their support in the past three years with Walk
America. This past year we were able to become third in the nation in actual
dollars turned in just below New York and L.A. which I think is a real
accomplishment and we can now be very proud of the recognition that South
Florida received so I'd like to thank all of you that participate in Walk
America including the City of Miami does have a team and we're looking forward
to bigger and better things this coming year. We were able to raise over
$650,000 in 1987. A total of $1,300,000 for the South Florida market. Since
we've been walking in the City of Miami, Coconut Grove area, we've increased
the walk from $240,000 to six hundred and fifty eight and we're looking for
seven hundred in 1988 so what we're asking from you is very important. I'd
like to be able to come up here and say we'd like $10,000 from the City which
would cover the cost of support services, fee waivers, fees of the Exhibition
Center, etc., but what we're willing to negotiate, what we'd like is to have
fee waivers of the Coconut Grove Exhibition Center, fee waivers of Peacock
Park, Merrie Christmas Park, the street closures...
Mayor Suarez: Let me take it by portions here. I will entertain a motion on
the fee waiver for the exhibit facility, assuming that nothing else is going
to be happening there that day and that we have no actual loss of revenues.
Mr. Manager, can you state for the record that they would like to use the
exhibition facility, exhibit facility, we would not have had some other event
that day that we're going to lose money on.
Mr. Odio: I have to check the date, I...
Mayor Suarez: Well, with that proviso, I will myself move the fee waiver for
the Exhibition Center.
204 March 10, 1988
Mrs. Kennedy: OK, so moved. Is there a second?
Mr. De Yurre (Off mike): Second.
Mrs. Kennedy: Any further discussion?
Mr. Plummer: Yes, under discussion, I'll tell you what I think is fair and we
did before, your goal is $700,000. This would only kick in if you do not meet
your goal. If you meet your goal, you pay the expenses.
Ms. Virgo: Well, I guess that's a challenge and we always accept challenges.
Mr. Plummer: Does the Mayor accept that? Their goal is $700,000, they got
six eighty some last year. That if they reach their goal and have monies
above that, they pay the expenses. If they don't, then this comes into
effect.
Mayor Suarez: How's that?
Ms. Virgo: We'll take the challenge.
Mrs. Kennedy (Off mike): Good for you.
Mayor Suarez: Very good.
Mrs. Kennedy: OK, call the roll please.
Mr. Frank Castaneda: Excuse me, I believe she also needs some street
closures.
Ms. Hirai: Roll call, Mayor Suarez.
Mrs. Kennedy: Well, we'll vote it on...
Mr. Plummer: Include the street closures with the necessary provisions and
indemnification of the City and the approval of the Manager's office included
in the motion.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 88-251
A RESOLUTION CONCERNING WALKAMERICA 1988 TO BE
CONDUCTED BY THE MARCH OF DIMES BIRTH DEFECTS
FOUNDATION ON APRIL 16, 1988; AUTHORIZING THE CLOSURE
OF CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC AND
CREATING A TEMPORARY PEDESTRIAN MALL, SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE RESCUE AND INSPECTION SERVICES; ALLOCATING AN
AMOUNT NOT TO EXCEED $3,500 FROM SPECIAL PROGRAMS AND
ACCOUNTS FOR THE RENTAL OF THE COCONUT GROVE
EXHIBITION CENTER FOR SAID EVENT PROVIDED THAT SAID
ORGANIZATION REIMBURSE THE CITY FOR SAID ALLOCATION IF
IT MEETS OR EXCEEDS ITS TARGETED FUND-RAISING GOAL OF
$700,000; SUCH AUTHORIZATION AND ALLOCATION BEING
SUBJECT TO AND CONTINGENT UPON SAID ORGANIZATION'S
COMPLIANCE WITH SUCH ADDITIONAL 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 Do Yurre, the resolution was passed
and adopted by the following vote:
205 March 10, 1968
0
•
ATES. Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Remember, to get that money, you've got to submit an audit.
80. BRIEF DISCUSSION ITEM IN CONNECTION WITH AUDITS TO BE CONDUCTED ON EVERY
GROUP RECEIVING A CITY GRANT AND THE CONTROL TO BE EXERCISED BY THE
CITY.
Mr. Plummer: Mr. Manager, I want to remind you, sir, that this Commission is
still awaiting... a Coconut Grove townhouse.
Mrs. Kennedy: Let me just say that - excuse me a second. Before you start...
are you finished?
Mr. Plummer: Well, Mr. Manager, there is a policy existing of this Commission
that in any monies that this City gives a grant to, that none of those funds
can be expended until an audit and approved by this Commission. That was over
four months ago and I've yet, I've yet to see the first one. Nov, I want
to... no, t',is Commission is to approve any of those monies to be expended.
Go back and pull the policy, Mr. Manager.
Mr. Odio: Do you want us to do...
Mr. Plummer: This Commission wanted to assure itself that where the money was
going was to help the people they said they were going to help.
Mr. Odio: Right, so before...
Mr. Plummer: Not for administrative, not for fund-raisers but for the actual
recipients.
Mr. Odio: Right.
Mr. Plummer: And we said we wanted you to do an audit on every group that got
a grant...
Mayor Suarez: Oh, no, for them to provide an audit.
Mr. Plummer: For them to provide an audit and that this Commission would hold
control, approval, or disapproval on any of those monies of where they went.
And I've not seen the first one.
Mr. .sank Castaneda: Commissioner, I believe the administration sent you a
memo on that issue.
Mr. Plummer: Excuse me?
Mr. Castaneda: I believe that we did send you a memo on that issue.
Mr. Plummer: Well, I didn't see it. You're telling me that this Commission -
wall, if you sent me a memo, we haven't approved any of the monies that have
been raised.
Mr. Castaneda: No, no, and then we :hacked the record some time ago and I
believe that only applied to fund-rai• ra.
Mr. Plummer: No, sir, that included .0 March of Dimes.
Mr. Castanada: That's a fund-raiser.
206 March 10, 1988
Mr. Plummer: Oh, OK, that's what I'm talking about.
Mr. Cottoned&: OK.
Mr. Odio (Off mike): (INAUDIBLE)
Mr. Plummer: I'm talking about any festivals that are raising the money in
the name of charity.
Mr. Castaneda: Right, correct. A fund-raising event.
Mr. Plummer: To my knowledge this Commission has yet to approve the first
one.
Mr. Castaneda: OK, I don't believe that you have approved any fund-raising
events, but I'll send you the memo.
Mayor Suarez: OK, well we'll be waiting to hear on that one, Frank.
81. PERSONAL APPEARANCE, MR. TED STAHL - DISCUSSION CONCERNING THE NECESSITY
FOR ATTRACTIVE TRASH RECEPTACLES IN THE COCONUT GROVE AREA - REFER TO
ADMINISTRATION.
Mayor Suarez: Ted.
Mr. Ted Stahl: My name is Ted Stahl.
Mrs. Kennedy: Ted, can I just say something real quick before you start
because I've been meeting with Ted over the past few weeks. Coconut Grove has
a lot of traffic, people - it thinks constantly on the run. Same situation
happens in Liberty City, Little Havana and every place where you have a big
street or a big intersection. We obviously are going to need more trash cans
so he came up with this idea and I would like for you to go ahead and explain
it.
Mr. Stahl: My name is Ted Stahl, a resident and merchant of Coconut Grove. I
am representing myself and no civic organization this evening, even though the
civic organizations back me 100 percent. This is no news to your ears. We
have discussed this problem in our community going back to 1980 regards to
trash problems in the City of Coconut Grove. As you have witnessed over the
years, the trash receptacles in the Coconut Grove area and entire City of
Miami have not been the best trash receptacles. I know that you have all
tried but we still have a very serious problem. What I have come up with, is
I had a very negative attitude about a month ago because I have worked on this
project for almost three years and I was very tired of hearing, being told
that there was insufficient funds at the city waste department for trash
receptacles. I've heard that many times from department heads in regards to
telephone conversations into regards to letters. My point is here tonight
that after going and meeting with Mr. Ingraham who is the head of the solid
waste division, I really went into his office three weeks ago with a very
negative attitude and I came out with a very positive attitude. I am under
the understanding, for the last many years that the city waste department did
not have funds for trash receptacles. Mr. Ingraham has told me that they have
had funds for trash receptacles but they cannot get the City Commissioners to
point their finger at the correct trash receptacle and say, order it. And am
I incorrect in saying that, Mr. Ingraham?
Mr. Joseph Ingraham (Off mike): Yes.
Mr. Stahl: Then correct we in what you said to me in your office, air.
Mr. Ingraham: What I said to you, sir, and you can see outside City Hall and
as we showed to you, that the city administration has been for sometime
wrestling with the kind of receptacle to present to the Commission. There is
a very distinct difference and in that particular regard, I clarify what
you're saying. It is a decision that we are attempting to make.
207 March 10, 1988
Mr. Odio: And I also told him we have to do some testing on colors so that we
don't pick the wrong colors and spend a lot of money on trash receptacles and
th.n they're all messed up in a week. So that's what we've been doing.
Mr. Stahl: Mr. Odio, a year ago March the 18th, 1987, I sent you a letter and
I'll read the last...
Mr. Odio: I'm sure you did.
Mr. Stahl: .. are you saying that sarcastically, sir, or are you...
Mr. Odio: No, sir, I'm sure you did.
Mr. Stahl: On March the 18th after our last town meeting last year, I wrote
fou a letter and the last three paragraphs says, "In regards to the
desperately needed trash cans in the Coconut Grove area, if I may be of
assistance to you on this matter, please feel free to call." Paragraph two,
"May I suggest an appropriate color that will help show less filth and
collects on these waste containers. The sample attached would be done in high
gloss enamel for durability and easy maintenance." Last paragraph, "The
Coconut Grove Chamber of Commerce would like to help the City in sharing or
paying for the cost of printing or silk screening in white bold lettering
'Welcome, Your Chamber of Commerce'". I don't care if the name Chamber of
Commerce is on the container or not, that's not the issue. I personally would
be glad to donate my suggestions, my time to help expedite the work with you
on this project. Never an answer from your office. My point is, we've got to
do something and for 8 years I've got correspondence in file going back to
1980 to the City with our trash problems and every single year you come back
saying you don't have money. Well, we're personally tired of hearing that and
if you don't have the money, then we're going to do it. The City of Coconut
Grove is going to do it on their own because we're tired of hearing you say
nothings going to be done about the problem. We're only here - we want to
help you. There's hours and hours of my time which I am willing to donate.
I'm willing to donate all the time you need without pay to help you. But we
never get anything out of you people. We've even got organizations that are
willing, three times a year to come into Coconut Grove and scrub the waste
receptacles down.
Mrs. Kennedy: OK, Mr. Ingraham has told me that there's money allocated in
the budget.
Mr. Odio: By the way, we have 45 - in the past few weeks, we have installed
45 of these receptacles in Coconut Grove.
Mrs. Kennedy: Of this kind like this?
Mr. Stahl: I'm getting to that, I'm getting to that.
Mr. Odio: No, a better kind than that.
Mrs. Kennedy: In your estimation, is this suitable or did you have a better
one?
Mr. Odio: That one is not suitable for the work, it's too fine.
Mr. Ingraham: No, too thin.
Mr. Stahl: You say it's...
Mayor Suarez: Wait, wait, wait, wait, wait, wait, Ted. Why not?
Mrs. Kennedy: Let's hear the professional opinion.
Mr. Ingraham: It's not suitable for two basic reasons. Number one, it's
weight. Here in South Florida you have to have...
Mayor Suarez: Well, but you can make it a little thicker but other than that?
Mr. Ingraham: No, sir. In all due respect, the construction of this
container and also the possible fire hazard of the container, based on what
it's made out of, it's, you know...
208 March 10, 1988
Mayor Suarez: Well, but those two things can be resolved. It's the nicest
looking receptacle I've seen since I've been around here, that's for sure.
Mr. Stahl: Number one, the receptacle is not fire proof. Duramade has
advised us that when there is a fire in the container, the container melts, it
does not burn. The second thing is, I'm not saying this is the right
receptacle. We're just exhausted in trying to get a receptacle and I do
appreciate, after meeting with Mr. Ingraham, giving us 45 more or 35 or
whatever more down here. We all appreciate that, we're not questioning that
and I also appreciate you making pickups now on Friday, Saturday and Sunday,
the three most important days that we requested. We appreciate that but we do
not like the appearance and the filth on what is existing.
Mr. Plummer: How much money is in the budget for containers?
Mr. Ingraham: We have in our CIP fund $250,000.
Mr. Plummer: When are we going to get an answer?
Mrs. Kennedy: Or have the bids gone out yet?
Mr. Stahl: I'd also like to show you something very quickly.
Mr. Ingraham: Bids have not gone out, within approximately 90 days we will
have an answer and a package prepared for you for the...
Mr. Odio: If you look at the ones that are...
Mr. Stahl (Off mike): The biggest problem in this City is the lines, this
line goes up the side. There is no way the syrup, the beer, the ice cream
cone can get down behind it and weight problem, raised it up one inch put
cement or lead weight underneath it. I wouldn't recommend lead weight because
they will steal the lead, cement. I'm not saying it's the right thing but
we're really
Mayor Suarez: Well, let me ask you a question on what you've imprinted on the
side there. That looks awfully nice. Can that be done to our receptacles,
Joe?
Mr. Stahl: My painter who did this this morning suggest that if you use that
type of receptacle, those receptacles are designed with a very smooth exterior
coat to make it easy to clean. When he painted this for me yesterday, he
says, what we recommend is, as the City is doing now, the appliable plastic...
Mr. Plummer: Decal.
Mayor Suarez: Yes, I...
Mr. Stahl: You put that on and he says that is more durable and that's what
my painter said he would recommend.
Mayor Suarez: Well, the slogan and everything is a great idea too, Joe, I
mean to try to build up a little community pride and...
Mr. Ingraham: We have no problem. In fact Mr. Stahl can tell you that I
think he was very surprised in regards of the work that we've done for the
Manager and the Commission and you, Mayor, that we have shown him exactly
those type things that he's showing you in reference to prototypes and we're
ready to move forth to take care of the problem.
Mr. Plummer: What does a container like that cost?
Mr. Stahl: This container costs $120.
Mr. Ingraham: $120.00.
Mr. Stahl: F.O.B. Miami through Shell Lumber.
Mayor Suarez: How much are our's costing us? I mean understanding our's are
better and more solid material.
Mr. Ingraham: The proposed - they can run from $200 to $420.
209 March 10, 1988
Mayor Suarez: I'm sure they cost more.
Mr. Dawkins: I'm at a loss.
Mr. Stahl: This receptacle is also used all over the City of Key West and
they've had great success with it. That's where we got the idea.
Mr. Dawkins: I'm at a loss. I've heard ever since the election and middle
ways prior to the election that we were doing a good job in cleaning up trash
in the City and that we had the cleanest City in town. Now I have a gentleman
who comes before this Commission and says, Coconut Grove is dirty, it is not
being kept, it's ill kept and we're tired of it and I have a director of
sanitation who sits there and says, yes, we do need to clean it up. Now why
am I getting these two conflicting messages? I don't care which, either one.
Mr. Stahl: May I speak?
Mr. Dawkins: Yes, please.
Mr. Stahl: We asked you last year to go - all of you Commissioners to go with
a walk through through City of Coconut Grove. None of you, for some reason,
didn't show up.
Mayor Suarez: Because we know Coconut Grove very well, Ted. Now, come on.
Mr. Dawkins: No, no, Ted, that's not...
Mr. Plummer: For the record, I was out of town.
Mr. Stahl: All right, sir.
Mr. Dawkins: Well, for the record...
Mr. Stahl: Well, we are having a town meeting, you know, this coming Monday
you've all been invited to.
Mayor Suarez: That was a Stuart Sorg idea if I remember correctly.
Mr. Stahl: What's that?
Mrs. Kennedy: Yes.
Mr. Dawkins: All I need to know from somebody in here, from the
administration, now it's been written up in the paper that we're doing a hell
of a job picking up sanitation and trash and that we were doing a wonderful
job and the City is cleaner now than it's ever been and yet, I have a citizen
and the solid waste who says, Coconut Grove is not clean.
Mr. Ingraham: No, Commissioner Dawkins, specifically what Mr. Stahl is
talking about is the receptacle...
Mr. Stahl: Yes, sir, that is what I'm talking...
Mr. Ingraham: ... in regards to the Coconut Grove areas and many others
throughout the City we are providing not only adequate service but more
service based on the uniqueness of the different parts and components of the
community. We have strived to even add additional services that he did talk
about. I personally in regards to any kind of complaint that comes forth from
the community as I did on this one, will go out and supervise that those
complaints are taken care of and I think that Mr. Stahl can address that fact
after one day - in fact, unannounced, he came to our department, we were ready
to respond and in the following week, we went on the streets to solve and work
with them to take care of the problem and that's what we do throughout the
City of Miami. And we will continue to do that.
Mr. Stahl: I have to totally agree with what he's saying. He has done that.
Mr. Dawkins: If we have a clean Coconut Grove, what do you need the container
for?
Mr. Stahl: What...
210 March 10, 1988
Mr. Dawkins: If the container is needed, where was the garbage being put?
Now, you all can... I mean, I'm confused, maybe you all can unconfuse me.
Mr. Stahl: Mr. Dawkins, our first problem with the City being unclean was
most of the metal containers that the City is using presently has a round
canister. Most of the ice cream and beer and excess Coca Colas that are
thrown into these containers seep down on the sides of the square container
with a round inner liner and what happens is, all the syrup and filth...
Mayor Suarez: We're aware of the structural problem...
Mr. Stahl: All right...
Mayor Suarez: ... we're trying to solve it. You know, we don't need the
whole explanation.
Mr. Stahl: All right, all right.
Mr. Dawkins: OK, then, I don't have a dirty City. What I have is a dirty
receptacle.
Mr. Stahl: No, I'm afraid... just less than 3 weeks ago when I went to Mr.
Ingraham's office, every trash receptacle in our City, come Friday night, come
Saturday night, come Sunday night, was overflowing because of the wrong type
of pickups. They solved that, we worked that out. We asked that there was
not sufficient receptacles. They have now, in the last three weeks, given us
more receptacles. Now that's not we're complaining about, what we're
complaining about, sir, is we want to clean up, not just that, we want to
clean up so many other things and we are willing, as taxpayers, to spend our
own money to do our own thing. I'm not saying this is right, but we want
something more attractive and who ever advises a department head to paint a
receptacle white, and I don't care if blue and white is the colors of the
City, you can find that many other places to be placed.
Mr. Odio: Mr. Stahl, are you suggesting - would you be willing to donate, the
Chamber of Commerce, the receptacles for Coconut Grove?
Mr. Dawkins: No, I don't think he should.
Mr. Odio: You know, I...
Mr. Dawkins: Not and pay taxes, I don't think he should and pay taxes.
Mrs. Kennedy (Off mike): Yes, I don't either, no.
Mr. Stahl: I'm telling you I will be the...
Mr. Dawkins: No, Mr. Stahl, no, no, no, no, no.
Mr. Stahl: I won't donate money but I will be the first to control the
cleanliness of these, I will...
Mr. Dawkins: No, no, that's not... you ain't going to pay taxes and turn
around and buy some receptacles.
Mayor Suarez: Well, if they want to help to keep them cleaner and cleaner,
that's...
Mr. Dawkins: Yes, that's right, but...
Mayor Suarez: ... but I'm sure you can work with them on that, Joe.
Mrs. Kennedy: So what does it take for you to go ahead?
Mayor Suarez: They can adopt the receptacles, a new program.
Mr. Stahl: I want to work with them and I think they're quite willing to work
with us but we don't get anywhere.
Mr. Ingraham: I would like to, for the sake of, the efforts of Mr. Stahl...
211 March 10, 1988
0 0
Mrs. Kennedy: No, we will, we will.
Mr. Ingraham: ... commend him and the Ch---nber for coming forth in this
particular regard. Not only he, but most all the Chambers in the City of
Miami. There is a design problem with the present litter containers on the
streets of Miami. I am professionally not satisfied with them, therefore, we
are researching that effort and I can have something to the Manager to present
to the Mayor and members of the Commission within the next 90 days.
Mayor Suarez: And this design here I'm sure has advanced your research.
Mr. Ingraham: So, in fact I have one of the more advanced of those that I
showed Mr. Stahl to his surprise wherein we have a prototype that's similar to
that.
Mayor Suarez: Perfect, perfect and on top of all that, see if you can figure
out a system to paint them as nice as those are and if he's willing to provide
the people that are clean them and paint them and keep them that much nicer in
Coconut Grove, maybe the other areas of the City will get into the act. All
chambers will do it and this will be great.
Mr. Ingraham: I indeed agree, however, with Commissioner Dawkins from the
standpoint that, indeed, they are taxpayers and willing to work with us. We
have the money, we're willing to work with them and...
Mayor Suarez: We clean them once every six months, they can clean them once
every month and we work together...
Mr. Ingraham: And he already has in mind a program in that regard to
volunteer to work with us to do that.
Mayor Suarez: Very good. Thank you, Ted.
Mrs. Kennedy (Off mike): Great. Thank you.
Mr. Stahl: All right, one more thing. I know that you've all been invited...
Mayor Suarez: I was afraid of that.
Mr. Stahl: No, no, this is a quick one. You've been invited to the town
meeting on Monday and we hope that you will all be there.
Mr. Plummer: Ted, let me tell you something. In the future, I'm not going to
be there because I can't because I made a previous commitment. I did not know
about this until last Thursday, I think is when I got my invitation.
Mr. Stahl: Is this the Art Festival...
Mr. Plummer: Exactly, I am committed to the Art Festival dinner and I'll be
there because I made a commitment.
Mr. Stahl: I understand that, sir.
Mr. Plummer: So I will not be and I would suggest in the future that you
check with some of our offices.
Mr. Stahl: We did, sir. We checked with everyones' calendar.
Mr. Plummer: OK, I'm just going on the record that I have a previous
commitment.
Mr. Stahl: I know, air. All right, thank you.
NOTE FOR THE RECORD: Item 81 (personal appearance by Mr. Rivera) is to be
rescheduled for the next agenda.
212 !larch 10, 1988
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$2. GRANT REQUEST FROM MEMBERS OF THE NORTHEAST CHIME PREVENTION ASSOCIATION
AND MAKE AVAILABLE SIX SURPLUS VEHICLES TO BE USED BY THEM, SUBJECT TO
APPROPRIATE INDEMNIFICATION OF THE CITY.
------------------------------------------------------------------------------
Mayor Suarez: Item eighty-eight. I think 89 and 90 also, I mean, 90 and 91
are resolved to we have 89 of these appearances.
Mr. Dan Richmond: I want to thank you, Mayor and Commissioners and Mr. Odio
for allowing us to appear. My name is Dan Richmond, I am the chairman of the
City of Miami's Crime Prevention Program working in the northeast. My
particular group, along with every civic and homeowners group in the northeast
area and now, most recently, joined by the businessmen* group, the Biscayne
Boulevard ChAmber of Commerce, in order to enhance our efforts in crime
prevention and patrol, would like to request six surplus vehicles from the
City...
Mr. Plummer: I move it.
Mr. Dawkins: Second.
Mr. Richmond: Thank you.
Mr. Dawkins: Under discussion, you realize, sir, that the maintenance,
upkeep, insurance and etc. is your responsibility.
Mr. Richmond: We understand that, Mr. Dawkins.
Mr. Plummer: And you have to indemnify the City against any lawsuit.
Mr. Richmond: We understand that, sir.
Mr. Dawkins (Off mike): All right. All right.
Mayor Suarez: Item 89.
Mrs. Kennedy: Call the roll.
Mayor Suarez: Call the roll on that...
Mr. Plummer: On 86.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-252
A MOTION GRANTING REQUEST BY REPRESENTATIVES OF THE
NORTHEAST CRIME PREVENTION ASSOCIATION AND DIRECTING
THE CITY MANAGER TO MAKE AVAILABLE SIX SURPLUS
VEHICLES TO BE USED BY THIS GROUP IN THEIR EFFORTS TO
HELP DETER CRIME IN THIS CITY; FURTHER STIPULATING
SAID GROUP SHALL BE SOLELY RESPONSIBLE FOR SAID
VEHICLES AND MUST INDEMNIFY THE CITY AGAINST THE
POSSIBILITY OF ANY LAWSUIT.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
213 March 10, 1988
83. DISCUSSION CONCERNING FUNDING REQUEST IN SUPPORT OF THE StL UND ANNUAL
*CARIBBEAN AMERICAN AWARDS OF EXCELLENCE" CEREMONY.
Mayor Suarez: Eighty-nine. There he is.
Mr. Chester McCulloch: Mr. Mayor, Honorable Commission, City Manager, my name
is Chester McCulloch, chairman of the Second Annual Caribbean American Awards
of Excellence, a program to be staged right here in the City of Miami. If you
glance across to me in this direction, I have a poster and at the present
time, one of our organizers is passing around a flyer. The awards program of
this year will be staged here in the City of Miami in Dade County and this is
the first attempt for us to try to organize a program that we believe will be
a yearly presentation in the City of Miami. The concept of the Caribbean
American Awards of Excellence program developed out of the recognition of the
need to publicly honor, I'm sorry, recognition of the needs of publicly honor
those individuals and groups who have made significant contribution to the
development of the Caribbean American people locally and worldwide. It is
also envisioned that the CAAE will become a focal point in the community
fostering a spirit of cohesion between different ethnic and racial groups in
this City. The organization will promote the concept of unity as a major
requirement for economic, cultural and political development. This year's
program, as designed in concept, we will be paying a tribute to the people in
the country of Haiti, the second part will be a tribute to Dade's sixteen
black elected officials for the first time in this City and the third part of
our program is the establishment of the Caribbean American Hall of Fame, USA,
in the City of Miami and the fourth part will be the establishment of the
DuBois C.L.R. James Scholarship Foundation, USA in the City of Miami and we
plan to raise three and a half million dollars over the next three years to
establish the first Caribbean American Cultural Center USA in the City of
Miami and by doing that we planned to gather recognition and support from all
of CBI leaders. And we desire this time for some kind of support, if
possible, financially from this Commission to enable us to start this program,
to introduce it in this part of the region. Keep one focus in point and mind
is that this program has never been attempted and to do no, three years ago
when it was introduced, based on the recommendation with one of the
Commissioners, I had to make a non-appearance regarding the funding that was
possible for us at that time. I did not come before the Commission because we
were not ready to expedite our program.
Mayor Suarez: Do you have, by the way, any confirmation on some of these
special invited legends in our time, Sidney Fortier, for example, that he will
be present?
Mr. McCulloch: Yes, Sidney Fortier have accepted. He's on location making
his present film and he has asked us to ask his brother here in the City of
Miami to have that acceptance for him. We have 85 percent...
Mayor Suarez: Wait, wait, wait, wait. Who is coming then? Sidney Fortier's
brother?
Mr. McCulloch: His brother here that has a funeral parlor, yes.
Mayor Suarez: So Sidney Fortier is not coming, his brother is the one that's
coming. What does he do, what does his brother do?
Mr. McCulloch: For the acceptance for Sidney Fortier. All the other
participants have accepted and will be present. As you know, Sidney Fortier
was born in the country of, in the commonwealth of the Bahamas, the first...
Mayor Suarez: Is Garth Reeves, Sr. confirmed?
Mr. McCulloch: Yes, confirmed.
Mayor Suarez: Has he...
Mr. McCulloch: Accepted? Yes, sir.
Mayor Suarez: ... given this matter publicity in the Miami Times?
214 March 10, 1968
Mr. McCulloch: That's correct, sir. Also, the Miami Herald have endorsed
their program and they will be making a presentation to one of our Hall of
Famers, artistic director of the National Dance Theater Company of Jamaica,
Honorable Rex . The Miami Herald has endorsed us and they will make a
presentation, and also the Hall of Fame will be the publisher of the Miami
Herald.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. McCullock: As you know, in this region they are the fourth largest
publication and toward the Caribbean region. We are doing a non-
political situation and a nonprofit organization and one of the largest
southeast newspapers in this region is the Miami Times and we thought it
fitting to do the same for the publisher of the Herald. That's the reason for
that, so we have a balanced program. As I mentioned, our guest speaker is one
of the third world's greatest articulate speaker, the Honorable former prime
minister of Jamaica, Honorable Michael Manning. He has accepted, and he will
give the main address on a non -political address. So we are asking
the Commission for the endorsement to honor Dade's 16 Black officials and
attempt by English speaking, French speaking Caribbean nationals. That has
never been done before. I think it is time that we recognize our leaders and
the City fathers including the City of Miami and Dade County.
Mayor Suarez: You are billing it as a cultural event. Does that mean that it
would ordinarily fall into our festival funding?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. McCullock: Local public relations firm.
Mr. Plummer: (OFF MIKE) Are they nonprofit?
Mr. McCullock: No, sir.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. McCullock: They are the public relations arm, that has assisted us. Yes,
sir, I understand that. Thank you very much for that. As I said before, they
are the people responsible for assisting us in making this presentation, a
class one presentation of the City of Miami, because we are professional... we
have 42 volunteers that will be assisting us without pay for this event. In
fact, present here this evening, the...
Mayor Suarez: How are the tickets selling?
Mr. McCullock: We have started the sale of tickets, and so far, I think we are
going reasonably good in terms of when the tickets went on sale.
Mayor Suarez: Because if you were to fill the entire James L. Knight at the
fees you are charging, that would be quite a bit of money.
Mr. McCullock: It will be soon. There is no guarantee for an event of this
kind, but that will happen until the day of the event. So, in advance, we need
some sort of support to assist us. We don't know what accommodation is
possible, with the Commission, or what the Manager would say about that. But
this is the first time that an organization of this kind will be here to
present a program of this nature. As you know, the English speaking community
inside the City of Miami and Dade County know that we have been left out, but
many of us have not had this sort of lobbying representation to come here from
all communities, so this is the first time, I believe, that one of us has
decided to do it and an associate here with me this evening is the chairman of
the carnival committee. He is right over here, Irving Thomas, one of our
trustees; Mr. Cayard Ringo, he was here, he had to leave. And also Michael
Shore, president of the Sunshine Enterprises, is the chairman of the Caribbean
American Cultural Center. We plan to make this, not just a local community
affair annually, but we are hoping to extend the boundaries next year, having
initiated the program this year, so that we can have a full week of events.
That's what we are hoping to do.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. McCullock: We are hoping to sell 4,500.
215 March 10, 1988
Mr. Plummer: (OFF MIKE) How many tickets have you got money in the bank for?
Mr. McCullock: No, we... I haven't made a final check before I came to the
meeting. I think we have sold about 400 already. I think we have.
Mr. Plummer: (OFF MIKE) The event is tomorrow night.
Mr. McCullock: Yes, sir, but we... no, the event is Friday, the 25th of
March. What is happening here with the City, on the contract - what happened
there, is we will not be able to withdraw one penny from the box office, based
on the contract, with the policies for that venture, we can't draw one penny
until after the event. They haven't accommodated at all. We can't, until the
event is over, to pay any bills. That is one of the problems we have. They
said they can, the City Commission responds that that is the policy. I
started this program with $15 - $15. Just to have a poster of this nature
cost us $1,800. I had to borrow money. I'm hoping to pay it back.
Mr. Plummer: (OFF MIKE) How are you going to assure the City that they are
getting the money for the auditorium?
Mr. McCullock: Yes, we gave a deposit. We gave a deposit to the Manager
there. Also, we have actually insured the building already, at least
$2,000,000 worth of insurance we have.
Mayor Suarez: You didn't pay him in cash, that deposit, did you?
Mr. McCullock: We paid by check. That money was loaned to us by...
Mayor Suarez: We're trying to track down a deposit. I had to ask him before
to check to see what the deposit was.
Mr. McCullock: Yes, sir.
Mayor Suarez: Not where it was, but what it was.
Mr. McCullock: Yes, sir.
Mayor Suarez: OK, anything you want to... you want to make any statements,
sir?
Mr. McCullock: Well, Alvin, here is chairman of the ... is a County employee
over the entire... he is one of our directors. I am sure he wants to say
something. He is chairman of the Carnival committee that they happened here in
the City of Miami.
Mr. Alvin Bryan: Well, I guess basically, in support of what Mr. McCullock
has said, I think in my direct terms, we would like to request a grant from
the City to assist us in putting on this event and based on our total budget
that we have here, OK, we would like to request a grant of $80,000 to help
support this event, if that is at all possible.
Mayor Suarez: Now we know the request, and it is up to the Commission to take
action on it. Anything from staff? Recommendation?
Mr. Odio: Mr. Mayor and Commissioner, I have no funding available at this
time for this.
Mayor Suarez: Commissioners? Anyone? Thank you for your presentation. I
guess that means that the Commission is not disposed to award any monies for
this, and it really would fall under our festival funding policy, which would
mean it would have to go through the procedure. When is the next cycle for
that?
Mr. Odio: We start...
Mayor Suarez: We just awarded $200,000 and committed ourselves, or prohibited
ourselves from awarding any more money for any other event of this type in the
future, but you can apply for like, next year and see how you do in that
festival funding application procedure, which requires that every year we
reduce the funding for the prior year by 20 percent, which means it creates
and extra $40,000 a year, and that is apportioned to new programs like this.
216 March 10, Igoe
For this year, it is March 10th, and you are talking about March 25th, it
doesn't look like it.
Mr. McCullock: I understand what you are saying, Mr. Mayor, and I understand
the City Manager. We were hoping although, the request for grant of $80,000,
as I pointed to Mr. Thomas, seeing that the City facilities, you are
associated with the Knight Center. I don't know what the possibilities are
for that, to assist us with for that.
Mr. Odio: Let me explain something to you, Brian, we had a... when the Knight
Center was built, there was a bond issue passed, and sold, and one of the
conditions of the trust indenture of that $60,000,000 bond issue, is that you
don't waive the rent at the Knight Center, ever.
Mayor Suarez: We are losing anywhere from $3.000,000 to $4,000,000 a year
from the operation of the Knight Center, just to give you an idea how much it
Is costing the citizens of Miami.
$4. DIRECT ADMINISTRATION TO DO A GENERAL AND CONCEPTUAL MASTER PLAN FOR
WATSON ISLAND.
Mayor Suarez: Item 93. We are going to skip 92 and get back to it very
quickly, so that Cye can go his way. You are not being paid for your
appearance here, obviously, so I am sure it's...
Mr. Cyrus Hornsby: That's corect. Thank you, Mayor and Commissioners, we
have a two part plan on behalf of the... I'm sorry, Cyrus Hornsby. We wrote
a two part proposal on behalf of the Chamber, specifically, the New World
Center Action Committee. When it was last before the Commission, the
Commission requested the Planning Department to make its recommendations. The
proposal is to have a conceptual master plan done of Watson Island, which at
present, is not planned, is not master planned, in order to fit that within
the scope of the downtown master plan, downtown waterfront master plan. That's
the first part of our proposal. The second is that a Commission appointed task
force of interested citizens that will be available to the Planning Department
to interface in any way that the Planning Department thinks is helpful in that
regard. That was the last proposal, and I guess at this point, Sergio, you
have some comments on this.
Mr. Plummer: Is the Chamber willing to pay for the master plan?
Mr. Hornsby: Well, I believe that we have come up with an alternative that
doesn't involve the Commission having to front end the cost in order to
accomplish this.
Mr. Plummer: How is that?
Mrs. Kennedy: Yes, how are you doing this?
Mr. Rodriguez: For the record, you have a copy of our recommendation on the
item number 93, dated February 3rd. There are different possible ways of
handling this. One, would be that we believe first that we have to have a
certain amount of money to do the study, specifically to try to get support,
technical advice in certain areas, that will give credibility to the project.
Now, to give that...
Mr. Plummer: Approximately how much?
Mr. Rodriguez: $80,000.
Mr. Plummer: $80,0007
Mr. Rodriguez: Right, and it is broken down in the following way: 420,000 for
economic feasibility, $5,000 for environmental impact, $10,000 for traffic
impact, 415,000 for legal implementation, $5,000 for miscellaneous, and then
we want to have also some money for printing for a brochure that we can give
to possible prospective applicants whenever we finish to have an RFP that we
can bring before you and get people to submit to it.
217 March 10, 1988
Mr. Plummer- Wait a minute. Has this Commission, anywhere along the line
wade the determination that we want to go out with any kind of an RFP on
Matson Island?
Mr. Rodriguez: No, you haven't, but...
Mr. Plummer: I guess the basics that I am coming to, knowing the full
handicaps of that parcel of property, why do you want to do a master plan
before this Commission has made a determination that they want to do anything?
Mr. Rodriguez: You asked us to come back with a recommendation.
Mr. Plummer: You've forgotten maybe you have, OK? That parcel before you do
anything, you have a problem with the State Cabinet, because they hold control
over anything that is done on that island. Now, the last time I checked, for
anybody to do any kind of a development, including the City, was going to be
about $500,000 and two years!
Mayor Suarez: A half million dollars for what?
Mr. Plummer: Cost factors, the plans that the State Cabinet will request.
Mr. Odio: Esperate, Sergio, esperate un momento.
Mr. Plummer: Oh, no, no! Xavier, we went through this before. No, no, it is
not in house, they want outside.
Mayor Suarez: When and if the City decides to do something on that island, as
far as I am concerned, just about anything you said, except maybe the printing
of the brochures could be done in house.
Mr. Odio: Mr. Commissioner and Mr. Mayor, we were ordered to prepare a master
plan for Watson Island.
Mr. Plummer: By whom?
Mr. Odio: By the City Commission.
Mrs. Kennedy: By this Commission.
Mayor Suarez: We just did it. Remember it's three parks including this.
Mr. Plummer: 1 thought my understanding was, at the last Commission meeting
where this matter was discussed, was that he was to come back with a figure,
telling us that there was no instructions to do it. Now, the question I am
asking, before you do a master plan, to address going out possibly do an RFP,
does this City Commission want to, in fact, do anything with the island?
Mayor Suarez: Well, what we were thinking about at the time, was a master
plan very similar to the Virginia Key master plan that was done in house. It
was very well done.
Mr. Plummer: And it took almost two years! I don't...
Mr. Hornsby: Mr. Plummer, perhaps the decision of the master plan would be
not to have an RFP, or to make the determination of the type of RFP. Our
objective is to try and get, since everybody seems to consider that piece of
property a target for whatever uaw idea of the moment arises, our proposal was
to try and tie in the master plan of Watson Island to the downtown waterfront
master plan, which is excellent, in our opinion, and in order to eliminate
some of the arbitrary targeting of the property, and make the determination
whether any RFP should be sought.
Mayor Suarez: They see it as a preliminary thing to any kind of an RFP. I
still have a problem with the idea of having to go out for consultants on
this, except maybe the brochure, and we're much ahead of that.
Mr. Rodriguez: Remember, we are suggesting that we will control the project,
and I think we have a staff that can guide the project at some point, and that
is the possible suggestion that we have from the...
218 March 10, 1988
Mayor Suarez: You did a beautiful one on the FEC and Bicentennial Park.
Mr. Rodriguez: I know. Thank you for telling me, but I what I am trying to
tell you is, this is more compli...
Mayor Suarez: It's a compliment yes, it was beautiful. You did a great one
on Virginia Key and a very complex one, with many, many regulatory bodies
involved, and you did a great one on that, so why can't you do one for an
empty island that had many, many different plans proposed to it, many which is
still available for possible copying, you know, emulation, whatever you want
to call it. I don't understand.
Mr. Plummer: Whether you do it in house, or out of house, the cost factor is
still involved. Now, I want to know how the Chamber, as he said, is proposing
to pick up the cost.
Mr. Rodriguez: It is not the Chamber to pick up the cost. The possible
suggestion would be that either we do it in house, for example, and then if
you decide at one point in the future to go for RFP, that our recommendations
be validated by those which apply for an RFP. That's one possibility. A
second possibility will be that we, or you decide to give us a certain amount
of money for what we are suggesting and that we recover that if we go for
RFP's or new leases on the property as we get them. The third possibility will
be that we use money from the enterprise collections that we have for the
different leases that we have in the area, and utilize them for this
particular area.
Mr. Plummer: But, how is the Chamber going to come up with...
Mr. Rodriguez: No, I believe no, the Chamber is not proposing anything that
they...
Mrs. Kennedy: But Cye just said that the Chamber would be involved, so what
do you have for us?
Mayor Suarez: What are creative ideas, Cye, from the Chamber?
Mr. Hornsby: Our suggestion, really, is that the Planning Department come up
with a conceptual plan, decide whether we want to go for any RFP all, and if
the decision is made to go with the RFP, then to have as a condition of the
RFP that all of the conclusions of the Planning Department be validated by
professionals at that point, at their cost. Now...
Mr. Plummer: I still don't understand your... not you personally, but what is
the Chamber's involvement? Where is the Chamber...
Mr. Hornsby: The Chamber is merely making this as a recommendation, because
we are as involved as the New World Center Action Committee is, and as
interested as they are in the development of the downtown area.
Mayor Suarez: Basically, you want us to master plan and to integrate into the
rest of the master plan for Bayfront, which makes a lot of sense.
Mr. Hornsby: Exactly, to take into consideration the FEC, Bicentennial...
Mayor Suarez: And you know, we are interested in their recommendations. They
are not proposing to fund anything, it is nothing new.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Sir, do you want to speak on this issue? Yes. I think you have
been coming to a lot of meetings. I've seen you out there and I gather you
want to speak on this issue.
Mr. Antonio Arias: Before I start to may what I have here to say, I am
surprised that everybody that comes here is coming to ask for money. I come
here to tell you 1 am going to pay you 42,000,000 a year. I have spent
4500,000 out of my own pocket in the study of the project I am going to
present to you.
Mr. Plummer: We'll take it right here, sir. Where is the check?
219 March 10, 1988
Mrs. Kennedy: Mr. Arias, would you please give us your name?
Mayor Suarez: Give us your name and address that we can...
Mr. Arias: My name is Antonio Arias, I am a developer and builder.
Mayor Suarez: Just the address that we can use on the record.
Mr. Arias: My address? $821 Fontainbleau Boulevard, Apartment 103, Miami,
33172. I built here in 1950 the San Souci development, in 1950, ten
years before Castro, I bought 192 acres for $240,000 from Joe Galbres, the
multimillionaire from Columbus, Ohio.
Mayor Suarez: What do you want to do on Watson Island?
Mr. Arias: I built in Bay Harbor Island in 1960, the Haven Apartments. I
built in Puerto Rico 604 houses. I built a shopping center in Fort
Lauderdale. I built in Havana big condominiums in the waterfront. I'm not a
beginner.
Mayor Suarez: What do you want to build on Watson Island? - now that you have
given us your credentials and your past history.
Mr. Arias: I plan to build on Watson Island a tower that will be the central
landmark of Miami. It will be a national monument that will bring glory,
prestige, and financial benefit to the City of Miami and also to Miami Beach
and will immortalize all of you because I plan to place a plaque on the lobby
of the tower with the name of the Mayor of the City and the Commissioners and
20, 40, 60, 100 years from now, everybody will remember Xavier Suarez,
Commissioner Kennedy, Commissioner Jose Luis Plummer, Commissioner Miller
Dawkins and Commissioner De Yurre.
Mr. Plummer: Whoa! Whoa! Would you spell that out again for me?
Mr. Arias: J. L. Plummer.
Mr. Plummer: Jose Luis?
Mr. Arias: I thought it was Jose Luis.
Mr. Plummer% I wonder if my mother would know me by that name?
Mr. Arias: This surely will be a dramatic visual evidence of the reality that
Miami is beginning to be the capital of all America. It will be an
engineering marvel, and a critical help in the communication network.
Mayor Suarez% Who would finance it? You are talking about a public project,
financed by the public, because nobody is going to make any money on this,
obviously, so it would have to be financed by government, right?
Mr. Arias: No, senor, by private money. I have a grant of $8,000,000 from
the government in Washington already. My cousin...
Mayor Suarez: OK, do you want to give us the documentation on that so we can
put it into the record or leave in our respective office, that you have that
grant.
Mr. Arias: Well, I have the document from HUD, showing that as a matter of
fact, I called about two months ago to Washington to check to see if it was
available, the money, and they told me, "yes." He said, "Well hurry up, we
are cutting all those funds."
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Arias: Yes, no I didn't bring the big one, because...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Arias: This project, Mayor Suarez, will bring $200,000,000 to the
community.
Mr. Plummer: Beautiful.
220 March 10, 1988
Mr. Odio: Let me tell you, Mr. Mayor and Commissioners, I saw the project,
and if it could be built with private sector money, I think it is something
that we should look at. I had a meeting with the Planning Department and I
don't think...
Mr. Arias: Mayor Suarez, allow me to explain to you why I know it is going to
be $200,000,000 to the community. We are going to have 3,000,000 visitors a
year.
Mr. Odio: If I may, I have seen and have been at the Toronto... you have been
there? - at the tower in Toronto and it has - I believe the last time I was
there, it had 22,000,000 visitors, paying visitors, so...
Mr. Plummer: We don't need a master plan for that.
Mr. Hornsby: Mr. Mayor, I think this is a good example of why master planning
is needed. There are a dozen proposals that we have looked at in the last 24
months, that half of which could be great ideas and half of which are, but
that is the reason why a master plan is needed.
Mr. Plummer: You know, I got a problem with that.
Mayor Suarez: I do too.
Mr. Plummer: Let me tell you what I got a problem with. You looked at 12
proposals for Watson Island in the last... how long?
Mr. Hornsby: I'd say 24 months.
Mr. Plummer: Mr. Manager, after the marina facility, which went down, I have
not seen a single concept for Watson Island.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, he is saying he has seen 12.
Mr. Odio: I don't know where, but I haven't seen any.
Mr. Hornsby: They are arriving.
Mr. Plummer: Why would anyone go to the Chamber of Commerce with a concept,
rather than to the City of Miami?
Mr. Odio: I guess they own Watson Island. We haven't seen it.
Mr. Plummer: No, I am just totally amazed. You see, that is why I keep
asking. What is the Chamber doing? What is your involvement here? Did you
solicit proposals?
Mr. Hornsby: Absolutely notl The last two projects, one of which went to
Ruth Shack, where they were seeking funding through the Miami Trust...
Mr. Plummer: For Watson Island? And the administration knew nothing about it?
Mr. Hornsby: For a project on Watson Island which is a non-sectarian,
religious proposal, and that was the one before last. There was one waiting
on my answering machine when I got home last night, that I haven't responded
to, which is a major spire with a hotel and apartment project.
Mr. Plummer: Amazingl
Mayor Suarez: Have you contemplated Capt. Arias' project?
Mr. Hornsby: No, this is not one, I am not familiar with this.
Mr. Plummer: That's 13.
Mayor Suarez: You got another referral here.
Mr. Hornsby: That's the point.
221 March 10, 1988
Mr. Plummer: See, the reason, I guess that I've got such a serious problem
with doing this master plan, is that we, the Commission, have not seen a
single voice of intezest in doing anything there.
Mr. Hornsby: I think that is what the Planning Department has the expertise.
Mr. Arias: Commissioner Plummer, allow me to say a few words that are
Important. We are going to expand...
Mayor Suarez: See, what we are trying to say is that we are not at that
level. We, the City, is not contemplating doing anything on that island at
this particular point. We may be master planning the island, and that's it, so
we don't know that we want to build anything on there yet. Your concept is
striking. I mean, it is aesthetically pleasing.
Mr. Arias: But, Mayor Suarez, why are we going to spend time and money in a
plan, when I have the plan already to develop a tower and expand the marinas.
Mayor Suarez: It may not be the plan that we want, sir. It may not be the
plan that we want. It may not be economically feasible, from our perspective.
You may think it is, but we may not think it is, in which case...
Mr. Arias: Do you think you have anything better than the attraction the
tower will be?
Mayor Suarez: Some people think it is better just to leave the island exactly
the way it is.
Mr. Hornsby: Exactly right.
Mr. Arias: I beg your pardon?
Mayor Suarez: Some people think it is better just to leave the island exactly
the way it is.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Hornsby: Well, what we would...
Mr. Arias: That project is going to bring $200,000,000 to the community.
Mayor Suarez: We don't necessarily accept your figures that it is going to
bring $200,000,000. Now, we are afraid that you are going to tell us at some
point that it is going to require investment on the part of the government,
which we don't have.
Mr. Arias: No, no, no! The government is not going to put a penny.
Mayor Suarez: Well, one way that is tested, by the way, if we do go through
the master plan and if this kind of a concept is incorporated as an
alternative, is to see if we put it out for bids to the private sector, if
indeed people come and bid on this kind of project and show that they have
financial ability to build it. See, that is one way to test it, but we will
never get to that, if you don't let us decide whether we are going to master
plan it or not.
Mrs. Kennedy: Where is the funding going to come from, for your project?
Mr. Arias: I beg your pardon?
Mrs. Kennedy: Where is the money coming from?
Mr. Arias: Well, Commissioner Kennedy, let me explain to you, because I have
put five years of work on this project. When you go to the financial people,
they tell you, "You have the land?" "No, I don't have the land yet." I am
thinking in Watson Island, I am thinking in the Biscaye about 153, maybe Ft.
Lauderdale because they want the tower there. "Well, when you have the land,
then come to sea us." They come to you, they say, what is your financing?
Who is first, the hen or the egg? I am asking you, give me the chance to
develop the tower, because the tower is going to bring $200,000,000. How do
you know? I am going to explain if you allow me to speak. I'm not going to
ask you for anything. I've come here to offer you a lot of things. The tower
222 March 10, 1988
is going to have 3,000,000 visitors a year. You want to know why? - because
the tower in Toronto has 1,700,000, but Toronto has in three months - June,
Ju.y and August, 1,000,000. The rest of the year is very cold and the
visitors decrease. We are going to have 3,000,000 visitors of which 50 percent
are local people. By local people, I mean that 75 miles from the tower. The
other 50 percent are going to be visitors. We can expect very logically that
they will stay a day or two here. If they stay a day or two days, here, they
will spend at least $100, $150.
Mayor Suarez: How much will it cost to build?
Mr. Arias: $27,000,000, everything included: the tower, the mall, the
overpass over the highway, and let me tell you this, Mayor Suarez, listen to
me for a moment. We are going to expand the marina too. I know Mr. Rodriguez
don't like that because he has other ideas, probably other friends trying to
push him.
Mr. Hornsby: Mayor Suarez, I think the point is this may be a very good
project. You have expertise on staff in the Planning Department that if they
get their creative juices flowing, could decide at least the types of projects
that should be considered, if any.
Mayor Suarez: I fully agree, but I do want to caution you, as Commissioner
Plummer has indicated, that if the Chamber chooses to sort of be a repository
for any idea that comes up for Watson Island, that's your problem. That's not
necessarily our problem. We have so far, I think one time we took action to
the extend of deciding that we would do a master plan, but it was... you know,
we didn't decide whether we were going to find the money to do a master plan,
if indeed it required outside consultants of any sort, so I mean, at this
point, you can report, if you wish, Cye, to all the people that call and leave
messages on your speaker, that the City is not contemplating doing anything on
the island at this particular point. So, you know, you save a lot of time
that way, or, go through the process, in case something comes up that is so
magnificent that you think you ought to report to us, but I wouldn't, you
know, lose any sleep over it, you know.
Mr. Hornsby: I don't think we need to consider the Chamber a repository. I
think the point is that individual members of the Chamber learn of these
proposals. The Shangrila, what was the initial objective of the Shangrila?
It was to put the Shangrila at the end of Watson Island. Now...
Mayor Suarez: All an individual member of the Chamber who hears of a proposal
has to do is call him and say: "Hey, J.L., I have heard of this proposal, what
do you think?" - and the first thing he would say is: "We don't have any plans
for the island at this particular point." I mean...
Mr. Hornsby: Well, I well understand, but the point is that we are
sufficiently impressed, as a group, with what's been done on the downtown
waterfront master plan, that we think that Watson Island should be included in
it. I mean, it is the jewel of the City.
Mayor Suarez: I fully agree with that part. With the downtown and with
Virginia Key, I think both are very fine master plans. They are different,
obviously.
Mr. Arias: (OFF MIKE) Mayor Suarez, I try to come here and collect $5,000
architect who built the Toronto Tower, which is the highest in the
world. It cost $75,000,000. Today it would cost $125,000,000, and I show him
the Watson Island, and I show him the land in...
Mayor Suarez: You are welcome to, you know, show that to any architect you
want, and do whatever you want, but as you said before, you don't own the
land, then you know, you are taking a risk, I mean it is at your risk.
Mr. Arias: Just a moment, but, he gave me a report saying that Watson Island
was an excellent place.
Mayor Suarez: Give it all to our staff, and maybe they'll agree with it and
maybe they'll incorporate it into a master plan, assuming that we decide to
have a master plan for the island, which I certainly would like to see done.
Sir, do you want to add anything to it?
223 March 10, 1988
Mr. Charlie Grentner: My name is Charlie Grentner, a long time resident of
Miami, and I have been watching Watson Island for several years, since an
amuseme.:t pa::: was proposed for Watson Island and it shouldn't be sold, and I
haven't been able to think of anything since. Watson Island should not be
used for any commercial project. Watson Island should be the center piece of
a beautiful harbor and a beautiful bay front, and I have a proposal, I even
have a scale model already build of a human rights memorial.
Mayor Suarez: Have you, by the way, since you are talking about no commercial
projects, have you seen the Bernardo Forbrecia concept for the island?
Mr. Grentner: Blessing what?
Mayor Suarez: The prior concept for the island, the prior proposal that
Included expansion of the marina, a bay walk and a bay drive and a marine
exposition center in the middle?
Mr. Grentner: I heard of it. No, I did not examine that.
Mayor Suarez: OK, you ought to look at it, because if you take the hotel out,
It really has no particular commercial value, and yet it is a beautiful
rendering. I think it is a beautiful concept.
Mr. Grentner: The human rights memorial could be something that could excite
the whole city and I have a picture of the scale model for you. (OFF MIKE)...
COMMENTS INAUDIBLE)
Mayor Suarez: You know, Cye, with all these I'm one. I'm just
explaining to them, based on your concept, and actually Capt. Arias', that I
think, and I think the Chamber would help us if they took a stand on this
issue. I think something ought to be done on the island. I understand the
argument of those who say that maybe we ought to just leave it alone. It is a
kind of a haunted place in many ways, but something nice, something that
retains public use, something that maintains basically green environment, and
does something with the marina, and so on, I think ought to be done on the
island, and if the Chamber, with all of its talent and know-how, and instincts
for doing the right thing in the right place, would reach that particular
conclusion, that might help us to just say that, because many people are
coming around with ideas that we ought to take an action on it, it's not...
Mr. Dawkins: Well, I for one don't think anything should be done with it. I
think it should be open park, so that some day my grandchildren know what the
hell open space look like. We tore down the...
Mayor Suarez: Yes, but as a park it could be fixed up, it is not a very nice
looking open area.
Mr. Dawkins: I sat right up here and heard us say let's push down the library
so that we will have a beautiful view of the bay, and you drive down Biscayne
Boulevard, now you don't even know what is on the other side of Bayfront Park.
Mr. Grentner: Commissioner Dawkins, this will be park for your children and a
park for them to go in and see the history of the Bill of Rights, what the
Bill of Rights means to freedom in this country, and it not only will be for
your children, but it will be for visitors from all over the world.
Mayor Suarez: It is very attractive monument.
Mr. Hornsby: I think that the...
Mayor Suarez: Obviously, you would expect the government would pay to build
it, because it is not something that would generate any kind of revenues or
anything.
Mr. Grentner: We have several plans for financing it. The one that would
probably fly the best would be to finance it with tax exempt bonds, and then
we would charge each religion, each religion would participate... each
religion around the world, all of the major religions in the world would
participate.
Mayor Suarez: I'll tell you one major religion that has about a $70,000,000
deficit this year, if 1 remember correctly the figures on the Catholic Church.
224 March 10, 1988
I mean, I don't know that the religions would finance something in Miami as
opposed to their particular, you know shrines, but...
Mr. Hornsby: Mayor, you...
Mr. Grentner: There would be a...
Mr. Hornsby:... suggested the Chamber take a position. I think the variety of
ideas, but the variety of ideas that you have witnessed here in the last 15
minutes is exactly what we go through every time we have a New World Center
Action committee meeting.
Mayor Suarez: But, Cye, the most essential decision to make in a decision
analysis' course that is given, and I'm sure you are aware of it, is would it
do anything at all. You've got one Commissioner here that says, why don't you
just leave the island the way it is. A lot of other people have said that at
different times, partly because of the hassles we've had with this island.
Maybe the Chamber ought to consider simply the two alternatives. Leave the
island the way it is, or maybe improve it to some extent, and that might be
helpful to us, that determination. You don't have to worry about specific
concept to come up with, when this Commission hasn't decided even to do
anything on the island.
Mr. Hornsby: If we took a numerical straw poll, our conclusion would be to do
something and it would be water oriented, it would be tied to the parks...
Mayor Suarez: Give us the general parameters.
Mr. Hornsby: Exactly.
Mayor Suarez: Give us the general parameters, that would be helpful.
Mr. Hornsby: However, the logical thing, from our standpoint, is, if we turn
to where is the best knowledge, what is the best resource in the City, it is
the Planning Department, and that is exactly why we are here. We would like
to get the Planning Department...
Mayor Suarez: I would like to put an end to this. We are nowhere near
deciding on anything as specific as your project. That is a beautiful
project, and at least we have seen the rendering of it.
Mr. Grentner: I understand that. I'm not asking for a decision. I wonder if
we might do one thing, though. I have the scale model already built at my
expense. Would it be possible, would you like to have the scale model on
display in your lobby for a week or two?
Mayor Suarez: I would, except we don't have insurance on this building, that
is all I've got to tell you, is that...
Mr. Grentner: Well, I don't care about that.
Mayor Suarez: How big is it?
Mr. Grentner: It is six foot by four foot. It has a plexiglass dome covering
it.
Mayor Suarez: I'd have no problem with it, on a temporary basis, so that
people could see it.
Mr. Grentner: I think it would be a great idea in your lobby. You might get
the City excited about the whole project.
Mayor Suarez: I think that is exactly the way to proceed, and if not there,
you know, maybe the Downtown Development Authority's offices. They have many,
many three dimensional models up there. I am sure Mr. Kenzie would be
interested in displaying it for some time. Here it might get more, you know,
big people, that get more viewers. I will entertain a motion and if not
entertained, I will make the motion, either way, that would instruct our
Planning Department to itself, and to the extent of its abilities, and within
its scope, do a very generic and conceptual master plan for the island and
get back to the Commission.
225 March 10, 1988
Mr. Hornsby: Would you add to that, please, Mr. Mayor, the task force,
because we would like to have interested citizens interact.
Mr. Dawkins: No, why?
Mr. Hornsby: I think to reflect the variety of ideas that have been reflected
here.
Mr. Dawkins: But I am not interested in seeing the variety of the Chamber,
see? If the Chamber wants a master plan... wait a minute now...
Mr. Hornsby: Not the Chamberl
Mr. Dawkins: ... I've listened to you, I want you to please listen to me. If
the Chamber is interested in taking the lead in this, let the Chamber get the
money, hire some consultants, and develop a master plan.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please, pleasel
Mr. Dawkins: OK, no, you see, because as we said, I agree with you... but the
Chamber cannot expect the City of Miami to go and do all the work and then
the Chamber goes around and pats itself on the back, saying "What a hell of a
good job we didl" OK?
Mr. Hornsby: Agreed.
Mr. Dawkins: All right, that's all.
Mayor Suarez: OK, I'll make that motion, I think that it makes a lot of
sense, and it might help us to propose something on an integrated basis with
the rest of the Bayfront Park, and hopefully, we'll get the creative genius of
our own staff.
Mr. Plummer: Where is the money coming from to the Planning Department to do
it?
Mayor Suarez: The money is whatever the money the Planning Department already
has, with whatever staff it has. They just work a little harder to produce a
master plan as they have done in the past with many other projects.
Mr. Rodriguez: Would you consider adding some money for at least printing, so
that we can print it and show it to a lot of different people, otherwise...
Mrs. Kennedy: Yes, I think that we...
Mr. Plummer: Don't print until we look at it.
Mayor Suarez: Yes, how about if we get and then we will vote on the printing
of it? Do we have to vote for printing for the FEC and Bicentennial?
Mr. Rodriguez: We had money allocated before, that we were using from the...
Mayor Suarez: How much did that cost to print?
Mr. Rodriguez: $5,000? $5,000 each.
Mayor Suarez: I think that is within his discretion. I have no problems,
certainly with the printing of something basic, conceptual for us to see.
Mr. Plummer: But don't print it, please, until we have seen it.
Mayor Suarez: Well, yes, but 1 mean, within the normal expenditure. I mean,
you have to print something conceptual for us to see. Don't get fancy with it,
that's for sure.
Mr. Rodriguez: No, Commissioner, what happened is, maybe before you official
act on it, we had to meet with different groups and see how they react to the
whole thing, so at least you have an idea of what is happening.
Mr. Dawkins: Well, that is what this gentlemen said, ha's got a group.
226 March 10, 1988
Mr. Rodriguez:
I'm not saying that.
Mr. Mornsby:
No, we are recommending you appoint the group, not us.
Mr. Dawkins:
No, but he is saying you want to work with a group.
You already
got a group.
I don't follow this.
Mayor Suarez:
All he said is that he would require some kind of
expenditure
to have something to show the group, that's all.
Mrs. Kennedy:
OK, there is a motion on the floor to commission
the Planning
Department to
do a very generic study on Watson Island and come
back to this
Commission. Is there a second?
Mr. De Yurre:
Second.
Mrs. Kennedy:
Any further discussion?
Mr. Plummer:
Is Steve Ross the chairman of the group?
Mrs. Kennedy:
OK, call the roll.
Mr. Dawkins:
Under discussion, I'm voting
"no," because I think we have got a
Planning Department. I think they have got enough... every time
I look, the
Manager is cutting and reorganizing and
realigning, so he must
have got a
whole hell of
a lot of people, so he should have enough people
to do it in
house without
spending any money. That's...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED
INTO THE PUBLIC RECORD.
Mr. Dawkins:
No, he said he need money!
Mr. Plummer:
No, he doesn't.
Mrs. Kennedy:
No.
Mayor Suarez:
No, he doesn't any.
Mr. Dawkins:
Well, that's what... well,
he lies. He says you
are a lying
man.
Mr. Rodrigue
I didn't lie.
Mr. Dawkins:
'all, that is what he said.
That is what they say!
Mayor Suarez:
Me was trying to get money.
Mrs. Kennedy:
He was trying to get money
out of us, but OK, call
the roll.
The following
motion was introduced by Mayor Suarez, who
moved its
adoption:
MOTION NO. 88-253
A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE
PLANNING DEPARTMENT TO DO, WITHIN THE EXTENT OF ITS
ABILITY, A GENERIC AND CONCEPTUAL MASTER PTAH FOR WATSON
ISLAND.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: None
227 !larch 10, 1988
Mayor Suarez: Thank you. Thank you for your presentations and I have to tell
you that both of your proposed projects are very, very attractive and I don't
know about the economic feasibility of them, !Mt 616t is something we would do
later on.
Mr. Dawkins: And the Chamber should also let us know what they are doing, so
that we can... if it ever gets to the point where we want a marriage, we have
a marriage instead of starting all over from scratch.
Mr. Hornsby: I assure you, we will be glad to.
Mr. Dawkins: OK.
---------------------------------------------------------------------
85. DEFER PRESENTATION OF A REPORT ON ACTIONS TAKEN BY DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES REGARDING RECOMMENDATIONS OF THE NATIONAL
INVESTIGATIVE PANEL.
----------------------------- ------------------------------------------------
Mayor Suarez: Item 92.
Chief Floyd Jordan: Floyd Jordan, Deputy Fire Chief. Chief Duke couldn't be
with us tonight. He has some previous commitments. He wanted to be here to
discuss these recommendations.
Mr. Dawkins: Well, I defer it until he comes. OK, if he wanted to be here
that bad, OK.
Mr. Plummer: Second.
Mr. Dawkins: We will hear it when the Chief is here. All right, really, call
the roll.
Mayor Suarez: He should have made an effort to be here.
UPON MOTION DULY MADE by Commissioner Dawkins and seconded by
Commissioner Plummer, this item was deferred until such time as
Chief Duke could be present, by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: Thank you.
Mayor Suarez: Very eloquent today, Chief.
Mr. Plummer: Floyd has been practicing for three days, and you just blew his
candle! He still doesn't know how to take your answer.
Mr. Dawkins: I move 27, since we are waiting for the Chief to compose
himself.
Mayor Suarez: Are we paying Dr. Sands every time he comes here and doesn't
make a report? That's why you are smiling)
Mr. Dawkins: No, he said he got one flat fee.
Mayor Suarez: You got one flat fee? Then you are not smiling.
Mr. Plummer: I think we should send a note to the Fire Chief that Floyd
Jordan did a hell of a job tonight!
228 !larch 10, 1988
_________________________________________ _________________________ ________
86. AUTMORIZE ADMINISTRATION TO ISSUE AN RFP ON COMPUTER SOFTWARE FOR AN
INTEGRATED FINANCIAL AND PERSONNEL SYSTEM - APPOINT CHAIRMAN FOR
COMPETITIVE SELECTION/NEGOTIATION COMMITTEE. (See label 19)
Mr. Dawkins: I move 27 where... here is what I got in my hand:
"The competitive selection and negotiation committee would be
Carlos Smith, chairman; Angela Bellamy, Carlos Garcia, plus three
"mbera from the private sector to be appointed by the City
Manager."
Is that what we said this morning?
Mr. Plummer: I'll second the motion.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Plummer: well, wait a minute. Those three chosen by the City Manager are
to be outside of City government.
Mr. Dawkins: Yes.
Mayor Suarez: Yes.
Mr. Plummer: The private sector.
Mr. Dawkins: The private sector, yes.
Mayor Suarez: OK, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-254
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, A REQUEST FOR
PROPOSALS FOR THE COMPUTER SOFTWARE FOR AN INTEGRATED
FINANCIAL AND PERSONNEL SYSTEM, APPOINTING CARLOS
SMITH, TECHNICAL SERVICES ADMINISTRATOR, AS CHAIRMAN
OF A COMPETITIVE SELECTION AND NEGOTIATION COMMITTEE
TO BE ESTABLISHED BY THE CITY MANAGER.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
229 March 10, 1988
-------------------------------- ---------------- ----------------- -------------
87. RISTATE COMMISSION'S DECISION NOT TO SELL FIRE STATION NO. 14 PRESENTLY
USED AS A CHILD CARE FACILITY.
------------------------------------------------------------------------------
Mayor Suarez: Item 95, the famous inventory of properties that the City could
conceivably sell. What have you got?
Mr. Odio: Just quite briefly, I think I see some people here from the
Catholic... a long time ago we had a user agreement for a fire station in
Little Havana for a children's care and I think they should...
Mayor Suarez: I entertain a motion to clarify that we intend not to sell that
particular property.
Mrs. Kennedy: Great, I so move, because it serves a lot of kids and they have
kept the building, and I am delighted to move it.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. I want to say I went by there the other day, because
I knew of your concern, and that is incredible usage of a facility, I've never
seen... and I know it is all legal and everything, but I want to say I've
never seen so many kids so well taken care of in such a small space - 125
children being... that doesn't mean that we won't change our minds at some
point, but not for the moment.
Mrs. Kennedy: We won't, don't worry.
Mayor Suarez: Assuming it passes. Any discussion from the Commission? Call
the roll.
Ms. Hirai: Mr. Mayor, who seconded the motion?
Mr. Dawkins: I did.
The following motion vas introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-255
A MOTION OF THE CITY COMMISSION RESTATING ITS POSITION
THAT IT DOES NOT INTEND TO SELL FIRE STATION NO. 14
(LOCATED AT 141 NW 27TH AVENUE) IN LITTLE HAVANA,
SINCE IT IS BEING PRESENTLY USED AS CHILD CARE
FACILITY THROUGH THE CATHOLIC SERVICES BUREAU.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
230 March 10, 1968
68. DISCUSSION REGARDING LIST OF CITY PROPERTIES CLASSIFIED AS UNDER-
UTILIZED AND SUITABLE FOR DISPOSITION.
Mayor Suarez: Al.
Mr. Al Armada: We prepared this list, basically using some criteria that we
had established in terms of properties that were either under-utilized by the
City, not utilized by the City, vacant, or abandoned. That's this list
comprised of those properties. Two properties already, in today's Commission
action have been allowed to be permitted to two different entities. One is
the Concept House, and now here with Catholic Services Bureau, so we will pull
those out of there. Some of these properties, for example, Watson Building,
has already been approved by this Commission to sell, and we are in the
process of selling. Other than that, I don't know what else to tell you. We
have got this list for you here.
Mr. Plummer: Well, the one that I see missing here... oh, no I don't, the
Municipal Justice Building, OK, the old police station.
Mr. Armada: I believe also that there was a list prepared as well by the
Parks Department identifying those specific parks that we could either sell,
or that we could turn back to the property owners.
Mr. Plummer: Mr. Manager, in the recent bond issue for the Police Department,
I think about $5,000,000 was in there for the expansion of the present police
station. Where is that money?
Mr. Joe Longueira: I believe lot of that money, Commissioner, was eaten up
when you expanded the cost of the substation. Originally the substations were
like $3,000,000, then you made it...
Mr. Dawkins: No, the substations were never $3,000,000. We always had
$5,000,000.
Mr. Plummer: That was a bond issue itself. That was separate.
Mr. Longueira: Right, but when you changed the cost of the substation from
like three to ten, you didn't increase the bond issue.
Mr. Plummer: Yes, we did, five for each. It was very clear.
Mr. Longuerira: No, you didn't increase the total bond issue. You made it
five for each, within the 20, so the other projects had to be readjusted to
compensate for that.
Mr. Plummer: Mr. Manager, I would like to see a complete breakdown of that
$20,000,000 bond issue...
Mr. Longueira: Yes, no problem.
Mr. Plummer: ... where the money went, and what is still remaining.
Mr. Longueira: No problem.
Mr. Dawkins: And also, I want you to pull the resolution where it said that
we were going to float $20,000,000 worth of bonds, and it was said, that in
order to get the Cubans to support it, we would put a $5,000,000 substation in
Little Havana, and in order to get the Blacks to support the bond issue, we
put a $5,000,000 substation in Liberty City. So, we knew from the very
beginning that you had $10,000,000 tied up in substations and that you didn't
have the $10,000,000 in anything else.
Mayor Suarez: You know, for myself on this item, I don't really need... I
don't know how the rest of the Commission feels, but what I need, Al, is to
schedule a meeting with you and just go over the list, because you are not
asking us to take any action today on this, are you, Mr. Armada?
231 March 10, 1968
s
s
Mr. Armada: No, this was for discussion purposes, as far as we were
instructed.
Mayor Suarez: Well, my preference, myself, is to go through the list, you
know, in a private meeting. There is no need to go through it publicly at this
point.
Mr. De Yurre: Why don't you put it in the agenda for next month, so we can
start moving along with it.
Mayor Suarez: That will be fine. By that time you will have some recommended
actions for us?
Mr. Armada: Some of these, of course, yes. We've got some action going, like
for example, the Watson Building. We are going to sell, as well as the
Municipal Justice Building, that I believe there is a...
Mayor Suarez: But those actions we've taken before, right?
Mr. Armada: Yes.
Mayor Suarez: And there is no particular action recommended today unless any
Commissioners want a complete report. I'd like mine done, you know, just
privately. There is no need to...
Mr. Dawkins: You can mail mine in interoffice mail.
89. UPDATE CITY'S CODE TO ALLOW HORSES IN CERTAIN CITY PARKS - DIRECT
ADMINISTRATION TO DRAFT A PROPOSAL INCORPORATING SUGGESTED GUIDELINES.
Mayor Suarez: Item 96. Why can't we have horses in City Parks? Why all the
brouhaha about this? Commissioner Dawkins here was telling me about how they
had these diapers now, they are...
Mr. Dawkins: They are putting a diaper on the back of horse.
Mr. Rodriguez: The recommendation is...
Mr. Dawkins: Of course. They've got this bag, you know, that...
Mr. Plummer: A feed bag in reversal
Mayor Suarez: Why would we not allow horses in City parks? I mean, why are
we the bad guys in the newspaper, not allowing horses in the City parks?
Mr. Rodriguez: Oh, no the Planners are the bad guys in the paper.
Mayor Suarez: The Planning Director's obstructionism again?
Mr. Rodriguez: Once again. We believe the idea of having horse trails...
Mayor Suarez: That is picturesque, it is natural, it is a great concept)
Mr. Rodriguez: Yes, we believe that the horse trails make a lot of sense in
the park, eventually...
Mayor Suarez: In fact, that is part of your master plan for Virginia Key.
Mr. Rodriguez: Eventually. The problem that...
Mayor Suarez: What do you mean, eventually? It is either part of the master
plan, or it isn't.
Mr. Rodriguez: It is part of the master plan, but not every thing is to be
implemented immediately. Let me gat my staff to explain this.
Mayor Suarez: Oh, it was the master plan, delayed reaction master plan? OK.
232 March 10, 1988
Mr. Plummer: Yes, like Watson Island is going to be!
Mayor Suarez: Right.
Mr. Plummer: That's what happens when you do it in house.
Mrs. Kennedy: You know, Sergio, the only thing... and I love horses, but if
the parks are in such a state of maintenance, imagine with horses, what they
are going to be like!
Mr. Plummer: I think horses would look great in Bayfront Park.
Mayor Suarez: We are talking about Virginia Key, basically.
Mr. Dawkins: We are talking about Virginia Key only.
Mayor Suarez: We are talking about Virginia Key, basically, right?
Mr. Dawkins: Onlyl
Mayor Suarez: What harm can horses possibly do to Virginia Key? I mean, I
can think of one, but...
Ms. The concerns that the Planning Department, as well as the Parks
Department has, is that to permit horses in any park right now, you would have
to amend the City code.
Mayor Suarez: We can take care of that, quite quickly!
Ms. That's one thing. The Law Department has advised us...
Mayor Suarez: That's much of a concern, that's what we are here for, to amend
the code when we think it ought to be amended.
Ms. The Law Department has advised us, and Mr. Bob Clark can answer
this question, that we refrain from making any changes, or any amendments to
our City code, until the County has finished their review, and their amendment
to their animal control division ordinance, and so that they can comply with
recent changes in State statutes.
Mayor Suarez: I seem to remember a similar concern expressed over helicopters
on Watson Island and we have waiting for something to happen, I don't know how
many years? For myself, I have absolutely no interest in that, unless we are
bound, Bob, to wait until they come up with something.
Mr. Dawkins: When we...
Mayor Suarez: Wait, I'm just going to ask him a legal question on it.
Mr. Bob Clark: There is a State law, a recent State law, that prohibits
municipalities from exercising, or passing any regulations, with regard to the
control of dumb animals, that includes...
Mayor Suarez: Ohhhhhl
Mr. Clark: That is the way...
Mr. Plummer: Ohhhhhl
Mayor Suarez: You have defined yourself out of what we are talking about
here !
Mr. Plummer: A jackass has just spoke.
Mr. Clark: The reason is, there are statutes that refer to grazing animals,
domestic animals. They went further and just said "dumb" animals. Now, I
think the County is taking...
Mayor Suarez: What Commission passed... go ahead, go ahead.
Mr. Plummer: We'll never get Prince Charles down!
233 March 10, 1988
Mr. Clark: The County is in the process of preparing an ordinance, the County
Attorney's office is in that process. Right now, there is precious little
that we can do, with respect to exercising control in this field, until the
County...
Mayor Suarez: Except of course, just allow them to be there. It doesn't
take... that doesn't counter what the County might do.
Mr. Plummer: Well, all kidding aside, there has got to be some regulations,
OK? For one...
Mayor Suarez: The less the better, as far as I am concerned.
Mr. Plummer: Well, no, the less the better, yes, but they cannot use any area
that is presently being used by the City for bathing, or for beach areas.
There has got to be a way that this City can be indemnified against any
lawsuits. They would have to sign a waiver, there is no question about that,
that if they are on City property with a horse, they have got to sign some
kind of waiver that they have an insurance to say, "Hey, if a horse breaks
down, or a horse runs over somebody, the City is not going to be sued." I
think that is only right to be asked for.
Mr. Dawkins: Didn't, when we developed Virginia Key, or they came in with a
plan, and we said we were going to put the quote/unquote mounted police horses
on that island, is that were we put them?
Mr. Woody Charles: The mounted patrol is still out at Tropical Park.
Mr. Plummer: But our facility is being built over there.
Mr. Dawkins: But, aren't we building a facility over there to house the
mounted police?
Ms. No, sir, we are not.
Mr. Odio: No, we are not, we had to...
Ms. The other item that we have is that...
Mr. Plummer: Wait a minute! I asked a question!
Mr. Dawkins: Wait a minute, wait a minute. Answer the question, yes, or no?
Mr. Odio: The answer is no.
Ms. No.
Mr. Plummer: Why?
Mr. Dawkins: Why?
Mr. Odio: We had to stop. The facility was going to be built. We found
out... first of all, we had gas underneath the fill, which could be explosive
and dangerous, and they also have pollution in the ... and we are doing
testing, we have been doing testing for the last three months to find out
exactly what is sitting there. That whole area is contaminated.
Mr. Dawkins: Well then, if the area is contaminated, and if you cannot have
mounted police horses, we cannot have riding horses, so you need to tell this
gentlemen that the land is polluted and you can't use it.
Mr. Odio: No, where he wants to ride is on the other side of the park, where
the beach is.
Mayor Suarez: OK, why don't we hear from him?
Mr. Woody Charles: Let me get on record. My name is Woody Charles. I live
at 6755 SW 53rd Street. I'm in unincorporated Dade County. I feel that my
roots do go back to the City of Miami. I graduated from...
Mr. Dawkins: You said Mi-am-uh. You got J.L. Go ahead.
234 March 10, 1988
Mr. Charles: I graduated from Shenandoah, Coral Way Elementary, Miami Senior
High. I grew up on lath Road, where my parents still reside in the house that
they purchased in 1936.
Mayor Suarez: That's good enought You've got a nexus with the City. Tell us
about horses, please.
Mr. Charles: My father, Bill Charles, sat not only on your City Commission,
but also served 12 years in the City Attorney's office. My grandmother, Janet
Carson, was the first woman to drive a car in the City of Miami. My great
grandfather, the late...
Mayor Suarez: And now you want to go back to horses after all of that
progress.
Mr. Charles: The late Senator John Watson, as who we have been mentioning his
name here tonight, is instrumental in early Miami, so even though I am not a
Miamian by residence, I feel that Miami is my home roots.
Mr. Odic: May I help you a second here? There is a way they can
have horses here, Mr. Mayor. They are listed here. I have been asking the
Parks Department for at least four years, that would be an ideal place to put
a stable, to rent barns there for horses, and have riding trails and use that
beach area for that. There is six things that we need to do to have them do
this.
Mrs. Kennedy: Are they doable things?
Mr. Odic: Yes.
Mayor Suarez: So what is the argument about? Are they not the kinds of
things you want us to do? Not the...
Mr. Charles: As an organized equestrian club, with liability insurance, we
did in November of 1907, apply for a permit to use the old County parks site,
which is an open public recreational area, closed to the public. It is 70
acre site with 3,000 feet of beach.
Mayor Suarez: Where is that located at?
Mr. Charles: It is the old County beach site at Virginia Key. It is outlined
in your information there.
Mayor Suarez: But it is our jurisdiction there?
Mr. Charles: Correct. We wanted it for a one day event for a club picnic,
and to be allowed to bring our horses. We have...
Mayor Suarez: You denied the one day permit? Sergio Rodriguez, you did this?
Mr. Rodriguez: I didn't deny it.
Mayor Suarez: Somebody denied it, OK?
Mr. Charles: Nobody denied it. Nobody would sign it.
Mayor Suarez: Everybody will deny that they denied it now.
Mr. Rodriguez: You could not do it, because we didn't have the ability to do
it, because of the code.
Mr. Charles: It goes back to the animal code. The City animal code prohibits
domestic...
Mr. Rodriguez: If you want, I can tell you how to go about it and do it, if
you want to hear that. I can tell you the step by step...
Mayor Suarez: Well, I didn't want to interrupt him. I was hoping that we
would know which direction he was heading in, so we could all get out of here.
If you just want to wait and see how he proposes that we do this so we can get
out of here? Yes, please, quickly)
235 March 10, 1988
Mr. Rodriguez: OK, the steps you have to follow are the following: We have
to first change the code, so it will conform...
Mayor Suarez: We have heard that already tonight. Go ahead.
Mr. Rodriguez: Well, you have to agree to it. Second, that the activities
will be restricted to a daily basis, in and out in one day, no overnight use,
with permission from the Parks Department.
Mayor Suarez: You got that. Go ahead. No sleeping a horse, go ahead.
Mr. Rodriguez: Number two, that the guarantee will be required to provide all
necessary insurance, holding the City harmless. Number three, that the
guarantee will provide for cleanup in a sanitary manner.
Mayor Suarez: Is that a problem?
Mr. Charles: No.
Mayor Suarez: Go ahead.
Mr. Rodriguez: Number four, that the horse riding will be limited to the area
that we have in exhibit "b" of your package dated, so and so and so, and last
that the permit fees cover all costs which the City will have to incur to
provide any and all service that is in conjunction with the equestrian
activity to any group, granting a permit, like having supervision.
Mayor Suarez: That, I am sure, is subject of negotiations that you carry out
and bring back to us the ordinance, assuming...
Mr. Rodriguez: The Parks Department will bring that up to you and present you
with the cost associated with the whole thing. Assuming that you don't have
any equestrian trail built and they are using the place as is...
Mayor Suarez: Do we need anything built on it?
Mr. Charles: All we are looking for is the existing facility. We do not need
any improvement, and it is...
Mr. Rodriguez: Good, you have it then.
Mayor Suarez: So \,hy are you proposing building anything when they are happy
with the existing?
Mr. Plummer: Who is going to limit the number of horses?
Mr. Rodriguez: We are trying... no, we are not proposing to build anything,
but you're limiting then the horses for a certain area that way, that is what
we are trying to show you. Otherwise, you have them running all over the
place.
Mayor Suarez: I gather if you limit it by outlining the boundary, that they
will stick to it. They seem to be very responsible...
Mr. Rodriguez: If somebody supervises them, I am sure they will.
Mayor Suarez: You have already built that in as a requirement.
Mr. Rodriguez: Right.
Mr. Plummer: Who will limit the number of horses that can be over there?
Mr. Rodriguez: The Parks Department.
Mr. Plummer: Who is going to be there to determine that they are part of the
association, and not somebody else who just wants to go over there on a
freebee?
Mr. Rodriguez: The person that gives the permit, the Parks Department.
Mr. Charles% May I speak out on that? The club is very particular about who
is on any club function, because of the liability insurance, we guard that
very sacredly, and we do not allow outside riders.
236 !larch 10, 1988
Mayor Suarez: That's exactly our concern, otherwise, the fact that you are
exclusive would be a problem for us, because we would like people to...
Mr. Charles: We've dealt with the City of Miami Beach, which has no equine
activity whatsoever, and through special permit, we have been allowed two
times to ride on the beach of Miami Beach, at night on a full moon, and the
next day we do a full cleanup, and that is in part of your package.
Mayor Suarez: Well, I guess the actual location of where you do the riding
would be worked out.
Mr. Rodriguez: Right.
Mr. Charles: The old County park site is basically self-contained. It has a
fence and gate up front.
Mayor Suarez: I am trying, you know, without working out all of the details
here tonight, to get a sense from the Commission as to how they feel about
changing the code or not, and that is what I would like to do at this point.
Mr. Charles: Well, I recommend that the code be updated to read more like the
County code.
Mayor Suarez: Very good. The County code already reflects the...
Mr. Charles: The County has a rule for horseback riding in designated areas.
Mayor Suarez: Somebody want to move that we take...
Mr. Plummer: Fine, I move it.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Plummer: Incorporating the six items as outlined by Sergio.
Mayor Suarez: Tracking the County ordinance, if possible. We don't like to
necessarily imitate too much, but occasionally do things that we want to
imitate.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-256
A MOTION INSTRUCTING THE ADMINISTRATION TO PROCEED TO
UPDATE THE CITY'S CODE IN CONNECTION WITH ALLOWING
HORSES IN CERTAIN CITY PARKS AND TO DRAFT A PROPOSAL
FOR THE COMMISSION'S CONSIDERATION WHICH WOULD LIST
AND INCORPORATE ALL SIX GUIDELINES, AS STIPULATED AND
MORE FULLY DISCUSSED BY THE PLANNING DEPARTMENT BEFORE
THE CITY COMMISSION ON THIS SAME DATE; FURTHER
DIRECTING THE CITY MANAGER TO COME BACK WITH SAID
PROPOSAL FOR FURTHER CONSIDERATION BY CITY COMMISSION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you.
NOTE FOR THE RECORD: AGENDA ITEM 97 WAS WITHDRAWN.
237 March 10, 1988
171
C9
90. DISCUSSION CONCERNING MIAMI MARINE STADIUM PROPERTY.
Mayor Suarez: OK, 98 is withdrawn?
Mr. Odio: No, sir, I would like to...
Mayor Suarez: Miami Marine Stadium?
Mr. Odio: I'd like to bring that up for a minute. That's the marina, the
lease that we have over there with Rickenbacker Marina, I believe, is the name
of the corporation. They have been requesting an assignment of the lease from
Mr. Ram Nelwani to a group... what is the name of that corporation now?...
Miami Marine Stadium Enterprises, I believe it is. We have been talking, we
have agreed raises in the assignment of the concessions and if you so approve,
subject to, that we would get four events a year, where the City would get
four event days a years... four events a year, not four event days, that the
concession will turn over to the City, in the stadium. So, in other words, if
we hold an event like the Unlimited Hydroplane Regatta, we own the concession
rights for that day, and another three events.
Mayor Suarez: What right does the City have to approve or disapprove of an
assignment?
Mr. Odio: It should not be unreasonable...
Mayor Suarez: Oh, consent which shall not be unreasonable withheld.
Mr. Odio: Right. The other part of...
Mayor Suarez: Are you satisfied that...
Mr. Odio: Let me... I am satisfied, Mr. Mayor, in this part of the
concessions. In the other part, I am pleased to tell you that they are willing
to give back to the City parcel "b," which is a huge chunk of property in
front of the marine stadium, that was part of the lease. They have been
willing to bring it back, and they also... but want us to agree, and that is
why I mentioned this to you, because I need your decision on this, that since
the lease that they have only runs for another five years, and they want to
spend $2,000,000 in improvements in the leasehold that they have - that, at
the end of five years, if they should not get an extension, either by
referendum, or by RFP's, or which ever way that you could get it. The only
the way, I guess if we go beyond, we would go out on RFP, and if they don't
get a lease into that same property, that they would get...
Mayor Suarez: For that kind of a change, you need...
Mr. Odio: ... unamortized, that they would get back their unamortized
Mayor Suarez: In other words, to build in the kind of provision we now put
into all new leases.
Mr. Odio: That we put are putting down in most leases.
Mayor Suarez: That we would have to pay back, but this would be for a short
term lease.
Mr. Plummer: Five years! How are you going to amortize anything -
$2,000,000, in five years?
Mrs. Dougherty: This is not a lease.
Mr. Plummer: Whatever it is, it is five years more of a franchise.
Mrs. Dougherty: No, we are giving them any more than they otherwise had.
What it would be is amortized over 20 years, but new lessee, if it isn't them,
who is the successful bidder, Mould have to...
238 March 10, 1988
Mayor Suarez: Well, under the existing terms of the concession agreement they
have, what right, if any, do they have to build such improvements?
Mrs. Dougherty: They have a right to build.
Mr. Plummer: Build, yes, but the actual, original contract is what, ten
years?...
Mrs. Dougherty: But, they don't have the right to have that.
Mr. Plummer: ...or more?
Mrs. Dougherty: Five.
Mr. Odio: The contract expires in five.
Mayor Suarez: That provision, that take back provision we have built in to
protect ourselves, not to protect the person who builds the improvement.
Mr. Odio: Right.
Mrs. Dougherty: But they wouldn't...
Mr. Odio: I'll tell you, Commissioner, if it...
Mayor Suarez: I mean, they are welcome to build anything they want there,
subject to your approval, if they want to take a chance that we may, or may
not renew five years from now. We are not going to make a commitment, at
least for myself I am not going to make a commitment now.
Mr. Plummer: That's not what they are saying. They are saying that if they
in five years, when the lease is up, if they are not the successful bidder for
a new lease, that the City would have to pay... the City would have to pay or
the new bid awardee would have to pay.
Mayor Suarez: Pay the unamoritzed cost.
Mr. Odio: Or the awardee.
Mr. Plummer: So, they are bound in by them. That's...
Mayor Suarez: Suppose nobody wants to build anything there, we just want to
take the property back? Then we have to pay.
Mr. Odio: Then we would have to do.
Mr. Plummer: Then this City has got to pay, that is right! That's a bad
deal.
Mayor Suarez: You know, if they wanted to say that in the event at our
option, that five years down the line, the City wanted to go and put it out
for bids, that then the new bidders would have to pay the unamortized cost to
take... in other words, if they could begin with that as their right, as we
have done in other situations, they would have kind of right of first refusal
in that sense, up to that level, or to that threshold, that might... but we
always have to retain the option that we if don't want to do anything five
years down the road, and we don't have to pay them anything.
Mr. Plummer: That's right.
Mayor Suarez: Why should we take that exposure? Why should we take that
risk?
Mr. Plummer: They are the ones making a profit, not us.
Mrs. Dougherty: You don't have to. I mean, you don't have to but...
Mr. Odio: You don't have to.
Mrs. Dougherty: ... they are not willing, I don't believe, to release parcel
"B", without such an agreement.
239 !larch 10, 1988
Mr. Plummer: That is their prerogative.
Mayor Suarez: Right, that is their prerogative. OK, you don't need us to take
any vote on this, do you?
Mr. Odio: No, not if you don't agree that, I will go back, and that is it.
NOTE FOR THE RECORD: ITEM 98 WAS WITHDRAWN.
91. REFER TO CITY ATTORNEY COMPLAINT BY OWNER OF EAST COAST FISHERIES
CONCERNING TICKET ISSUED TO VALET PARKING SERVICE BY POLICE DEPARTMENT
(DEFERRED TO NEXT MEETING).
------------------------------------------------------------------------------
Mayor Suarez: Item 99, Commissioner Dawkins, the last item. You are here on
item 99?
Mr. David Schwartz: My name is David Schwartz, I am the owner of East Coast
Fisheries, located at 360 West Flagler Street, extending south on River Drive,
to approximately past 3rd Street, SW 3rd Street. I am here requesting a valet
parking permit, so that my valet parking personnel can park customers' cars on
the curb of the street. It requires...
Mr. Plummer: That's public right-of-way, we can't do that!
Mr. Schwartz: I was informed that I should come to the Commission requesting
a special permit, special district, for those rights.
Mr. Plummer: How can we give away public right-of-way?
Mr. Schwartz: Well, not giving it away, but merely the right for my car hops
to take my customers' cars and park it down the street on City property. I
don't want it exclusively, I only want the right to be able to have my valet
people park my customers' cars. I was informed that there is a general City
rule that does not permit a company to profit on publicly held properties, and
that's reason why I am here. I vas also informed that I needed to apply before
this Commission, a special parking district, which I am now doing. I don't
want it exclusively.
Mr. Plummer: No, but I don't understand, I've never heard of a special
parking district. Who told you that?
Mr. Schwartz: Lt. O'Brien from the Police Department. I had one policeman who
was coming by and getting rather upset with my customers parking in front of
my restaurant, from valet parking, and this has been going on since December.
Mr. Plummer: J.J.? Invite J.J. to come down and tell us what a special
parking district is. I don't know what he is talking about.
Mr. Schwartz: He told me that in order to have my valet parking people park
my customers' cars on the streets, even though it is not exclusively, I needed
to have a special permit.
Mayor Suarez: What is the permit requirement for valet parking?
Mr. Plummer: We don't have a permit as such. I mean, to my knowledge - do
we?
Mayor Suarez: Anybody can put up a sign right next to the facility, like they
do, and there is quite a few of them, as long as it is public property,
right-of-way, just put up a sign that says, "valet parking" have guys using
that, have a little table outside, and all the things they usually do.
UNIDENTIFIED SPEAKER: No, the have to park in their own property. They...
Mr. Plummer: Yes, see, his problem is...
Mayor Suarez: Just talking about the setup, the sign, the desk, and then as
long as they take that car, even though they slow down traffic... well, I
guess if you can park there, you could...
240 March 10, 1988
Mr. Plummer: Yes, your problem is, you put a tent outside.
Mr. Schwartz: Well, that is not necessarily...
Mr. Plummer: In your parking lot.
Mr. Schwartz: That used to be half of my parking lot.
Mr. Plummer: Oh, that used to be! I eat at your place, I'm very much aware.
Mayor Suarez: Wait, you want a permit to park in somebody else's property, is
that what you...
Mr. Schwartz: No, no, no. I want a permit in order to allow my valet parking
people...
Mr. Dawkins: You want permission, you don't care what it is.
Mr. Schwartz: Permission, permits, OK, to allow my carhops to use the curbs
for my customers.
Mr. Dawkins: Is it free valet parking?
Mr. Schwartz: It's free.
Mayor Suarez: What does he need, if anything? Does anybody know?
Mr. Plummer: He is asking :)r a permit I've never heard of. That's why...
Mayor Suarez: I know what he said, but I want our staff to may yes or no.
Does anybody know? It doesn't look like we are going to solve your problem
today if we don't know.
Mr. Rodriguez: The only thing I can tell you in relation to the zoning
ordinance, the zoning ordinance deals with property that is not in the
right-of-way, so it is not controlling this. The only thing I can think of, is
where through the Off -Street Parking Department, they have any jurisdiction
over the areas where the parking might be located.
Mayor Suarez: But only if they have exercised it by putting parking meters,
otherwise they don't... I don't...
Mr. Rodriguez: I know. That's why I'm saying that's the only thing I can
think of.
Mr. Plummer: And they have got theirs right across the street.
Mayor Suarez: Right.
Mr. Rodriguez: You are required...
Mayor Suarez: How about from the police angle now, what is the zone in front
of the restaurant marked?
Mr. Schwartz: It is unmarked. You used to have meters, but when they tore
up the street, they put in new sewers...
Mayor Suarez: Totally unmarked? Anybody can park there anytime of the day or
night?
Mr. Schwartz: Yes.
Mayor Suarez: Total absolute free parking. I don't see what permit they need.
Mr. Schwartz: Well, he was ticketing everybody that my valet parking was
parking.
Mr. Dawkins: He just didn't like you.
Mr. Schwartz: No, he quoted a law, and Mr. O'Brian was quite...
241 !larch 10, 1988
Mr. Plummer: I still say, invite him down here to quote the law to us. We
don't know what he's talking about.
Mayor Suarez: It looks like we are not going to find an answer for you, but
we certainly owe you an answer.
Mr. Schwartz: All day long?
Mayor Suarez: So, Mr. Manager...
Mr. Dawkins: Put it on the next agenda...
Mr. De Yurre: Why don't we get Madam City Attorney to follow up on that?
Mayor Suarez: Mr. Manager, or Madam City Attorney, somebody please follow up
on what he needs. It doesn't sound like he may need a heck of a lot. May
J.J. O'Brien isn't right.
UNIDENTIFIED SPEAKER: Mr. Mayor, what kind of tickets was he giving you, for
what?
Mr. Schwartz: He was giving my customers tickets for having a valet parker
park the cars. He was giving...
Mayor Suarez: You don't have any of those with you to see what he cited them
for?... I mean, what violation he cited them for?
Mr. Schwartz: Illegal parking.
Mr. Dawkins: Illegal parking?
Mayor Suarez: On an area where you can park?
Mr. Schwartz: They had no... yes!... in front of my property.
Mayor Suarez: Just because somebody takes the car somewhere else?
Mr. Schwartz: Yes. His law that he quoted, was that a private company
couldn't profit by parking on public property, on right-of-way.
Mr. Plummer: That's true, you can't have a franchise on public property, but
you are not charging.
Mr. Schwartz: I'm not charging.
Mayor Suarez: You can't exclude anybody, like when the cars are taken
someplace that is public, but you can't exclude anyone else, but if that space
is available, you can have somebody drive the car over there, I would think.
Mr. Dawkins: (OFF MIKE) I move that this gentlemen come back at next meeting
and that somebody from the Police Department, whoever wrote the ticket, come
and explain it to us, and we re -research this item.
Mayor Suarez: And the City Attorney's office research in the meantime. OK...
Mr. Schwartz: Lt. O'Brien came with this particular
Mayor Suarez: Right, well, we are going to get him. We are going to get Lt.
O'Brien.
Mr. Schwartz: OK.
Mayor Suarez: That's what the motion...
Mr. Schwartz: By the way, I want to make it on the record, Mr. O'Brien was
very nice, very nice!
Mayor Suarez: Good, we will put that on the record.
Mr. Plummer: Ah, no, no, that is not what you told me outside! You told me he
was a dirty, rotten guy!
242 March 10, 1988
L]
Mayor Suarez: We have a motion. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 88-257
A MOTION REFERRING TO THE CITY ATTORNEY A COMPLAINT
RECEIVED FROM MR. DAVID SCHWARTZ, OWNER OF EAST COAST
FISHERIES, WHO ALLEGES THAT CITY OF MIAMI POLICE
LIEUTENANT O'BRIEN TICKETED MEMBERS OF HIS VALET
PARKING SERVICE FOR PARKING CARS ON A PUBLIC RIGHT-OF-
WAY; FURTHER REQUESTING THE ADMINISTRATION TO HAVE
SAID OFFICER PRESENT AT THE NEXT CITY COMMISSION
MEETING TO MORE FULLY EXPLAIN PERTINENT CIRCUMSTANCES
IN CONNECTION WITH THIS MATTER.
Upon being seconded by Commissioner Kennedy, the motion vas passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
92. (A) RESCHEDULE MARCH 24TH COMMISSION MEETING TO COMMENCE AT 3:30 P.M.
(B) CONTINUE AGENDA ITEM 100 TO THE MARCH 24TH MEETING.
Mayor Suarez: I need a motion to make the meeting of March loth, at 3:30 p.m.
Mr. Dawkins: Today is the loth!
Mayor Suarez: Why did they say the loth, the 24th?
Mr. Plummer: What about the meeting of March ?
Mr. Rodriguez: One more item.
Mr. Plummer: What about it?
Mr. Rodriguez: Mr. Mayor.
Mayor Suarez: On relation to item 100, can we have that item continued to the
24th?
Mayor Suarez: Which item?
Mr. Rodriguez: 100, which is basically...
Mayor Suarez: Yes, and I entertain a notion on continuing item 100, and
having the next meeting the 24th, beginning at 3:30 p.m.
Mrs. Kennedy: So moved.
Mayor Suarez: So moved, do we have a second?
Mr. Plummer: Yes.
Mayor Suarez: Call the roll.
243 March 10, 1988
•
The follewle4 resolution and motion Were introduced by Commissioner
Kennedy, Who "ved their adoption:
RESOLUTION NO. 118-259
A RESOLUTION RESCHEDULING THE SECOND REGULAR
COMMISSION MEETING OF MARCH, 1988 TO TAKE PLACE ON
MARCH 24, 1988 COMMENCING AT 3:30 P.M.
(Mere follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
NOTION NO. as-258.1
A NOTION TO CONTINUE AGENDA ITEM 100, NOT TAKEN UP ON
THIS DATE, TO THE CITY COMMISSION MEETING SCHEDULED
FOR MARCH 24. 1988.
Upon being seconded by Commissioner Plummer, the motions were passed and
adopted by the following vote:
ATES: Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
TiQRE BEING NO IORT= S IN=5 To COME SZP0= = CM
COMMISSION. THE ILQTDIG WAS ADJOO AT 8:59 P.M.
ATTEST:
Natty Hirai
CITY CL UX
Walter J. roemaa
•nIST•NT CM CL ZRX
Xavier L. Suarez
N • T O R
244 March 10t It$$
CITY OF MIAAM
DOCUMENT INDEX
term "m
GRANT $50,000 FROM DEPARTMENT OF OFF-
STREET PARKING EXCESS REVENUES TO
COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION FOR ECONOMIC DEVELOPMENT
SERVICES.
ACCEPT BID: URBAN SOUTH, INC. FOR
VIRGINIA KEY IMPROVEMENTS/LIFEGUARD
FACILITIES.
ACCEPT BID: VAN TOPOLE CONSTRUCTION
INC. FOR FIRE STATION N0. 6
WASHROOM MODIFICATIONS.
ACCEPT BID: C. TARAFA CONTRACTING,
INC. FOR FIRE STATION NO. 8
WASHROOM MODIFICATIONS.
ACCEPT BID: BERGER SECURITY,INC. FOR
SECURITY SERVICES TO DEPARTMENT OF
PARKS, RECREATION AND PUBLIC
FACILITIES.
ACCEPT BID: CLOVER ELECTRONICS, INC.
FOR FURNISHING BROAD BAND MODEMS FOR
DEPARTMENT OF COMPUTERS.
ACCEPT BIDS: WILDCAT WRECKING
DEMOLITION, INC. AND J.R. BUILDERS,
ONC. FOR DEMOLITION SERVICES FOR
DEPARTMENT OF BUILDING AND ZONING.
ACCEPT BID: MULTIPLE EMERGENCY
SERVICES, INC. FOR FURNISHING TWO
RESCUE SCOOTERS TO DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES.
ACCEPT BID: SOUTHERN TOOL - FOR
FURNISHING ONE BRAKE LATHE TO
DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES.
ACCEPT BID: DUPONT PLAZA HOTEL - FOR
FURNISHING MARINA DOCKSIDE SERVICES TO
THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION.
EXECUTE INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY AVIATION
DEPARTMENT - PURCHASE 5,000 CUBIC YARDS
OF TOP SOIL/FILL.
MARCH 10, 1988
'omIcr
m I pw%fL mm It
88-194
88-197
88-198
88-199
88-200
88-201
88-202
88-20 3
88-204
88-205
88-206
C�
DOCUMENT INDEX
LEASE 70 ADDITIONAL GOLF CARS FOR
MELREESE GOLF COURSE FROM F.-Z-GO
DIVIISON OF TEXTRON.
REDUCE RETAiNAGE IN CONTRACT WITH PNM
CORPORATION FOR CONSTRUCTION OF
BAYFRONT PARK REDEVELOPMENT -PHASE I.
REDUCE RETATNAGE IN CONTRACT WITH PNM
CORPORATION FOR CONSTRUCTION OF
BAYFRONT PARK REDEVELOPMENT -PHASE II.
EXECUTE LEASE AGREEMENT WITH METRO DADE
COUNTY FOR 1.265 SQUARE FEET OF SPACE
IN OVERTOWN SHOPPING CENTER.
EXECUTE AGREEMENT WITH WTVJ TELEVISION.
INC. FOR PLACING ADVERTISEMENTS IN THE
ORANGE BOWL STADIUM.
AUTHORIZE MANAGER TO ISSUE REVOCABLE
PERMIT TO HANDICAPPED OF AMERICA INC.
FOR USE OF SPACE AT MANUEL ARTIME
COMMUNITY CENTER.
AUTHORIZE PAYMENT OF CITY OF MIAMI
GENERAL OBLIGATION HOUSING BOND
($5,000) TO REPLACE LOST BOND.
APPROVE ASSIGNMENT AND TRANSFER OF
AGREEMENT FOR BUS BENCHES FROM MIAMI
DADE MARINE INVESTMENTS (D/B/A BUS
BENCH COMPANY) TO STEVE MARTIN AND
ASSOCIATES, INC.
AUTHORIZE ST_.LET CLOSURES, PEDESTRIAN
MALL AND AREA PROHIBITED TO RETAIL
PEDDLERS IN CONNECTION WITH THE LOTH
ANNUAL COCONUT GROVE BED RACE.
DIRECT MANAGER TO COPY PROCEDURES
DEVISED BY METRO DADE COUNTY REGARDING
ESTABLISHMENT OF A CITY OF MIAMI
EMPLOYEE SUGGESTION PROGRAM.
ACCEPT BID: HEWLETT PACKARD CO. FOR
FURNISHING PEN PLOTTERS TO DEPARTMENT
OF POLICE.
EXECUTE AGREEMENT WITH BETTY BLUM TO
PROVIDE ACQUISITION, RELOCATION AND
PROPERTY MANAGEMENT SERVICES TO
SOUTHEAST OVERTOWN/PARK WEST PARK
REDEVELOPMENT PROJECT.
pom.i.or_
RETF"L Goof No.
88-207
88-208
88-209
88-210
88-211
88-212
88-213
88-214
88-215
88-216
88-217
88-218
0
0
DOCUMENT INDEX
a .J
NEGOTIATE AND EXECUTE PROFESSIONAL.
SERVICES AGREEMENT WITH EDWARD H.
FRIEND AND CO. - FOR EXPERT ACTUARIAL.
ASSISTANCE IN PENSION MATTERS.
A) GRANT $91,000 TO BELAFONTE TACOLCY
CENTER FOR OPERATION OF THEIR SPORTS
DEVELOPMENT PROGRAM.
B) REQUEST FULL REPORT FROM THE
ADMINISTRATION REGARDING PRESENT
CONDITION OF THE ROOF AT BELAFONTE
TACOLCY CENTER.
ORDER SPECIAL IMPROVEMENT AND ESTABLISH
SPECIAL ASSESSMENT DISTRICT (1988 MIAMI
DESIGN DISTRICT SPECIAL IMPROVEMENT
DISTRICT) AND DESIGNATE PROPERTY.
NEGOTIATE AND EXECUTE AGREEMENT:
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CROP. - TO STUDY AND ANALYZE THE
INDUSTRIAL DEVELOPMENT POTENTIAL OF THE
GARMENT CENTER/FASHION DISTRICT OF
WYNWOOD.
AMEND CITY LiDE NEIGHBORHOOD PARK
RENOVATIONS PROJECT - PROVIDE A LIST OF
PARKS TO BE RENOVATED - APPOINT
CERTIFICATION COMMITTEE.
(A) AUTHORIZE OFFER TO WALLACE KREIDT
300 S.W. NORTH RIVER DRIVE REGARDING
A UNIFIED DEVELOPMENT PROJECT FOR THE
NORTHWEST RIVER DRIVE PROJECT. (B)
DIRECT CITY ATTORNEY TO PREPARE
DOCUMENTS PATTERNED AFTER STATE OF
FLORIDA'S "FRIENDLY TAKING" PROCEDURES
REGARDING OFFERS TO BE MADE WHEN TAKING
PROPERTY.
AUTHORIZE MANAGER TO SUBMIT APPLICATION
TO U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT IN ORDER TO INCREASE THE
CITY'S EXISTING EMERGENCY SHELTER
GRANT - AUTHORIZE MANAGER TO ACCEPT
ADDITIONAL GRANT AND ENTER INTO
AGREEMENT.
EXECUTE AMENDMENT TO AGREEMENT WITH
PANCOAST ALBAISA ARCHITECTS - EXPAND
SCOPE OF SERVICE TO INCLUDE A PROGRAM
DEVELOPMENT AND NEEDS ASSESSMENT
ANALYSIS FOR THE CITY ADMINISTRATION
BUILDING PHASE II.
RET M AL CODE NO.
88-219
88-220
88-221
88-222
88-224
88-228
88-2 30
88-231
0
0
DOCUMENT INDEX
ISSUE REQUEST FOR QUALIFICATIONS -
INVITE EXPERIENCED DEVELOPMENT TEAMS
TO COMPLETE FOR DEVELOPMENT 250,000-
SQ. FT.BUILDING LOCATED ON 12 LOT
LAND PARCEL BETWEEN NE 1ST AND MIAMI
AVENUES AND NE 4TH AND 5TH STREETS
TO BE OCCUPIED BY THE U.S. ATTORNEY
OFFICE AND OTHER LAW ENFORCEMENT
AGENCIES.
APPOINT TWO INDIVIDUALS TO THE CITY'S
CODE ENFORCEMENT BOARD (APPOINTED WERE
OBDULIO PIEDRA AND JAMES ANGLETON JR.
RATIFY CITY MANAGER'S ACTIONS WHICH
(A) UTILIZED SHORTENED TIME PERIOD
FOR SEALED BIDS (B) ACCEPTED LOWEST
RESPONSIBLE BID FROM MARKS BROTHERS,
CO. FOR REPAIR TO STORM SEWER BOX
CULVERT IN CONNECTION WITH STORM
SEWER REPAIR EAST FLAGLER STREET.
A) GRANT RENTAL FEE WAIVER FOR USE OF
BAYFRONT PARK AMPHITHEATER REGARDING
THE 1988 MIAMI MAGIC FESTIVAL AND
DECLARE THIS EVENT AS ONE OF THE 30
DAYS RESERVED FOR CITY USE. DIRECT
JUNIOR LEAGUE OF GREATER MIAMI TO POST
A BOND TO COVER COST OF SOLID WASTE
FEES.
B) EXPRESS COMMISSION'S SUPPORT OF
MIAMI MAGIC FESTIVAL AND CONVENTION AND
INFORM OF COMMISSION'S SUCESS IN
OBTAINING FOR THEM A $7,500 DONATION
FROM THE DOWNTOWN DEVELOPMENT AUTHORITY.
DECLARE MOST ADVANTAGEOUS METHOD TO
DEVELOP A CITY OWNED WATERFRONT LOT
LEASED BY A UDP-AUTHORIZE PREPARATION
OF RFP FOR A UDP-SET PUBLIC HEARING
IN CONNECTION WITH THE MERRILL STEVENS
DRY DOCK SITE.
RATIFY MANAGER'S FINDING OF SOLE
SOURCE - WAIVE COMPETITIVE OF
SEALED BIDS AND APPROVE ACQUISITION
FROM SOFTWARE CLEARING HOUSE INC.
FOR A LICENSE TO XGEN AND A COGEN
TO XGEN FILTER, USE IN SYSTEMS
DEVELOPMENT.
EXECUTE TWO AGREEMENTS WITH FLORIDA
EAST COAST RAILWAY COMPANY (A) FOR
REBUILDING AND IMPROVEMENT OF RAIL
ROAD AND PEDESTRIAN CROSSING AT
N.W. 8TH STREET AND (B) FOR REBUILD
ING AND IMPROVEMENT OF RAILROAD
CROSSING AT N.W. 1ST AVENUE, SUBJECT
TO CONDITION.
RE I F EVAL Coos No.
88-2 32
88-233
88-2 35
88-236
88-236
88-240
88-241
88-242
0
0
DOCUMENT INDEX
pom=OF_
ALLOCATE $500.00 IN SUPPORT OF ITALIAN
RENAISSANCE FESTIVAL AT VIZCAYA,WITH
PROVISO.
CLARIFY NATURE OF DONATION MADE IN
SUPPORT OF THE ST, PATRICK'S DAY
PARADE.
AUTHORIZE CLOSURE OF STREETS, TEMPORARY
PEDESTRIAN MALL AND MAKE ALLOCATION TO
COVER USE OF COCONUT GROVE EXHIBITION
CENTER IN CONNECTION WITH TEH MARCH OF
DIMES "WALKAMERICA 1988" WITH
PROVISOS.
AUTHORIZE ADMINISTRATION TO ISSUE AN
RFP ON COMPUTER SOFTWARE FOR AN
INTEGRATED FINANCIAL AND PERSONNEL
SYSTEM - APPOINT CHAIRMAN FOR
COMPETITIVE SELECTION/NEGOTIATION
COMMITTEE.
RESCHEDULE MARCH 24TH COMMISSION
MEETING TO COMMENCE AT 3:30 P.M.
AND CONTINUE AGENDA ITEM 100 TO
THE MARCH 24TH MEETING.
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88-249
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