HomeMy WebLinkAboutCC 1987-03-13 Minutes1
OF FMING HELD ONMARCH 13. 1987
REGULAR
PAEPARm pY THE OFFICE OF THE CITY CLERK
CITY HALL
MANY HIRAI
City Clerk
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idunX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
MARCH 13,1987
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS,
PRESENTED
1-2
COMMENDATIONS.
3/13/87
2.
CITY TO HELP PROVIDE SPACE FOR
M-87-224
2-3
MUNICIPALS IN EXILE AND THE JUNTA
3/13/87
PATRIOTICA ORGANIZATION, WHOSE
HEADQUARTERS WERE DESTROYED IN
RECENT FIRE,.
3.
AUTHORIZE NEGOTIATIONS UP TO
M-87-225
3
$50,000 TO BRING THE BRAZIL SOCCER
3/13/87
TEAM TO MIAMI ON MARCH 16, 1987.
4.
ALLOCATE $25,000 TO BRING THE GRAND
M-87-226
4
NATIONAL CHAMPIONSHIP OF INBOARD
3/13/87
RACING TO MIAMI.
5.
REFER TO CITY MANAGER CONSIDERATION
DISCUSSION
4-5
OF PROGRAM TO GIVE GIFT
3/13/87
CERTIFICATES TO OUTSTANDING
EMPLOYEES OF THE YEAR.
6.
COMMISSIONER CAROLLO REQUESTS MAYOR
DISCUSSION
5
TO REPORT TO COMMISSION ON TRIPS
3/13/87
ABROAD.
7.
SETTLEMENT $160,000 TO RICHARD
R-87-227
6
SICKING FOR ATTORNEY'S FEES
3/13/87
INCURRED BY INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS IN
CONNECTION WITH THE GATES CASE,
PENSION LITIGATION.
S.
GRATITUDE EXPRESSED TO COSTA RICA
R-87-228
6-7
FOR VOTING THEIR CONVICTIONS ON
3/13/87
HUMAN RIGHTS FOR CUBAN POLITICAL
PRISIONERS ISSUE AT THE UNITED
NATIONS.
9.
ACCEPT DONATION BY COUNTY TO CITY
M-87-229
8
OF BUILDING TO BE USED FOR
3/13/87
ALLAPATTAH MINI STATION.
10.
EMERGENCY ORDINANCE: CITY
ORDINANCE
9-10
MANAGER'S DESIGNEE SHALL BE
10231
AUTHORIZED TO CONDUCT INTERVIEWS
3/13/87
WITH PROVIDERS OF PROFESSIONAL
SERVICES.
11.
CONSENT AGENDA.
10-11
3/13/87
11.1 ACCEPT DONATION OF HEWLETT PACKARD R-87-230
HP-97 CALCULATOR FROM D. CATHER TO 3/13/87-
PUBLIC-WORKS AT NO COST TO CITY.
11
t
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
12.
ACCEPT BID: JIM PROSSER
ENTERPRISES FOR AALADIN HEAVY DUTY
PRESSURE CLEANER TRAILER AND HUT
WATER TANK.
REJECT BIDS FOR FURNISHING TIRE
RECAPPING AND ACCEPT LOWEST BID OF
P.R.I.D.E. OF FLORIDA.
RESCIND AWARD TO SUPERIOR BUILDING
SERVICES FOR CUSTODIAL SERVICES AT
FIRE TRAINING CENTER AND ACCEPT BID
OF INDUSTRIAL BUILDING MAINTENANCE.
NEGOTIATE AND EXECUTE SERVICES
AGREEMENT WITH EDWARD H. FRIEND &
CO. FOR ACTUARIAL ASSISTANCE IN
PENSION MATTERS.
EXECUTE SERVICES AGREEMENT WITH
VALLE—AXELBERD AND ASSOCIATES, INC.
FOR PSYCHOLOGICAL SCREENING
PROCEDURES FOR POLICE OFFICER
APPLICANTS.
CANNON STIERHELM BUSUTIL TO DEVELOP
COST ALLOCATION SYSTEM FOR GENERAL
SERVICES ADMINISTRATION DEPARTMENT.
AGREEMENT WITH ROBERT D. CRUZ FOR
PROFESSIONAL PLANNING SUPERVISION
FOR MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN.
ACCEPT 21 DEEDS OF DEDICATION FOR
HIGHWAY PURPOSES.
ACCEPT COMPLETED WORK: TREE
MASTERS INC. FOR MAIN LIBRARY
DEMOLITION.
ACCEPT COMPLETED WORK: MIRI
CONSTRUCTION INC. FOR CITYWIDE
SANITARY SEWER REPLACEMENT — DESIGN
PLAZA.
ACCEPT COMPLETED WORK: GARCIA
ALLEN CONSTRUCTION CO. INC. FOR
MANOR STORM SEWER PROJECT BIDS "B"
AND "CO.
ISSUANCE OF REQUEST FOR PROPOSALS
TO REMOVE ABANDONED VEHICLES.
AUTHORIZE CLOSURE OF STREETS AND
ESTABLISH TEMPORARY PEDESTRIAN MALL
FOR SAINT PATRICK'S DAY PARADE;
ESTABLISH AREA PROHIBITED TO
PEDDLERS.
AUTHORIZE CLOSURE OF STREETS AND
ESTABLISH A PEDESTRIAN MALL FOR
COCONUT GROVE BED RACE; ESTABLISH
AREA PROHIBITED TO PEDDLERS.
AUTHORIZE CLOSURE OF STREETS AND
ESTABLISH PEDESTRIAN MALL FOR MARCH
OF DIMES "WALKAMERICA."
AUTHORIZE SIX LEASE AGREEMENTS WITH
THE SCHOOL BOARD FOR USE OF CERTAIN
CITY PARKS.
R-87-231 11
3/13/87
R-87-232 11-12
3/13/87
R-87-233 12
3/13/87
R-87-234 12
3/13/87
R-87-235 12
3/13/87
R-87-236 13
3/13/87
R-87-237 13
3/13/87
R-87-238 13
3/13/87
R-87-239 13
3/13/87
R-67-240 14
3/13/87
R-87-241 14
3/13/87
R-87-242 14
3/13/87
R-87-243 14
3/13/87
R-87-244 15
3/13/87
R-87-245 15
3/13/87
M-87-246 15-17
3/13/87
e'
13.
(A) RECOGNIZE TAX-EXEMPT STATUS
R-87-247
18-19
CLAIMED BY MIAMI FIREFIGHTER'S
3/13/87
BENEVOLENT ASSOCIATION; (B) DIRECT
ADMINISTRATION TO RECOGNIZE SAME
BENEFITS FOR NEW CANAAN BAPTIST
CHURCH.
14.
IDENTIFY OBJECTIVES FOR OVERTOWN
R-87-248
19-22
SHOPPING CENTER.
3/13/87
15.
ALLOCATE $4,000 FOR MARCH OF DIMES
R-87-249
22-25
"WALKAMERICA."
3/13/87
16.
EMERGENCY ORDINANCE: DEFINE
ORDINANCE
25-27
RESIDENTIAL UNIT TO INCLUDE A
10232
STRUCTURE MODIFIED OR ADOPTED FOR
3/13/87
RESIDENTIAL 'USE AND FOR GARBAGE
COLLECTION PURPOSES, A STRUCTURE
CONTAING TWO OR FEWER RESIDENTIAL
UNITS.
17.
ALLOCATE $5,000 FOR ANTI -DRUG
R-87-250
27-31
PROGRAM AT ORANGE BOWL BY THE
3/13/87
-
BAPTIST MINISTERS COUNCIL.
18.
EMERGENCY ORDINANCE: INCREASE
ORDINANCE
31-32
RESOURCES AND APPROPRIATIONS FOR
10233
"PARK DEVELOPMENT FUND"
3/13/87
=_ 19.
EMERGENCY ORDINANCE: MODIFY
ORDINANCE
32-33
_
APPROPRIATIONS TO CONFORM WITH THE
10234
REORGANIZATIONAL ORDINANCE -
3/13/87
ELIMINATE DEPARTMENT OF PLANNING
-
AND ZONING BOARDS ADMINISTRATION,
INCREASE APPROPRIATIONS FOR
=_■
BUILDING AND ZONING DEPARTMENT AND
SPECIAL PROGRAMS AND ACCOUNTS.
20.
SECOND READING ORDINANCE: PAYMENT
ORDINANCE
33-34
OF APPRAISAL OF PROPERTY FOR LEASE
10235
TO THE UNITED STATES GENERAL
3/13/87
SERVICES ADMINISTRATION.
21.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
34-35
FUND "RECREATION ACTIVITY 1986-87"
10236
AND APPROPRIATING $100,000 FROM
3/13/87
PARTICIPATION FEES.
22.
SECOND READING ORDINANCE: FEE FOR
ORDINANCE
35-36
-
OFF -DUTY FIRE RESCUE PERSONNEL;
10237
INSURANCE FOR TORT LIABILITY AND
3/13/87
WORKERS COMPENSATION FOR OFF -DUTY
FIRE -RESCUE PERSONNEL.
23.
SECOND READING ORDINANCE: FEES FOR
ORDINANCE
36-37
CITY GOLF COURSES.
10238
=
3/13/87
24.
SECOND READING ORDINANCE:
ORDINANCE
37-38
TAXATION - WATER SERVICE.
10239
3/13/87
25.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
38
NEW FUND: 01987 DANCE PROGRAM"
10240
CONSISTING OF GRANT FROM DADE
3/13/87
COUNTY COUNCIL OF ARTS AND
SCIENCES.
26. SECOND READING ORDINANCE: AUTHORIZE ORDINANCE 39
CITY MANAGER TO PERMIT SALE OF 10241
ALCOHOL IN SOFT CONTAINERS IN 3/13/87
CERTAIN PARKS ON SPECIAL
OCCASSIONS.
3
{ 4'
`'icy.
27.
FIRST READING ORDINANCE: CHANGE
FIRST
40-41
FUNDING SOURCE OF "ORANGE BOWL
RF..ADTNG
STADIUM -ACQUISITION OF MIAMI BOARD
3/13/87
OF REALTOR'S PROPERTY" FROM DADE
COUNTY RESORT TAX TO THE CAPITAL
IMPROVEMENT FUND - FUND BALANCE.
28.
(A) DISCUSSION REGARDING INCREASING
DISCUSSION
41-42
FEES FOR USE OF CITY DAY CARE
3/13/87
FACILITIES. (B) DISCUSSION
REGARDING PROJECTED 5-YEAR BUDGET.
29.
FIRST READING ORDINANCE: CHANGE
FIRST
42-43
RATE SCHEDULE FOR USE AND SERVICES
READING
OF THE MIAMI CONVENTION CENTER.
3/13/87
30.
(A) DISCUSSION CONCERNING WALK
R-87-251
43-47
THROUGH THE GROVE ORGANIZED BY
3/13/87
STUART SORG/COCONUT GROVE CHAMBER
OF COMMERCE. (B) ALLOCATE $3,500
FOR WELCOMING ACTIVITIES FOR THE
U.S. NAVAL VESSEL U.S.S. SARATOGA.
31.
FIRST READING ORDINANCE: ESTABLISH
FIRST
47-48
NEW PROJECT: "SCATTERED SITE
READING
AFFORDABLE HOUSING DEVELOPMENT
3/13/87
PROGRAM" AND MAKE APPROPRIATIONS
FOR SAME.
32.
FIRST READING ORDINANCE: INCREASE
FIRST
48-49
APPROPRIATION FOR "SOUTHEAST
READING
OVERTOWN/PARK WEST REDEVELOPMENT -
3/13/87
PHASE I" BY $4,641,100.
33.
AUTHORIZE ISSUANCE OF REQUEST FOR
R-87-252
49-60
PROPOSALS TO FURNISH TOWING AND
3/13/87
WRECKER SERVICES TO POLICE
DEPARTMENT.
34.
OPENED BIDS FOR CONSTRUCTION OF
M-87-253
60-61
FLAGAMI SANITARY SEWER IMPROVEMENT
3/13/87
SR-5511-C.
35.
REFER TO CITY MANAGER ISSUE OF
DISCUSSION
61-62
ABANDONED CAR PICKED UP BY CITY TO
3/13/87
BE SOURCE OF POSSIBLE REVENUE.
36.
REFER TO CITY MANAGER DONATION BY
DISCUSSION
62
SOUTHERN BELL OF FURNITURE TO BE
3/13/87
USED FOR POLICE SUBSTATIONS.
37.
READVERTISE FOR TWO EXISTING
M-67-254
62-63
VACANCIES IN THE LATIN QUARTER
3/13/87
REVIEW BOARD FOR MORE
APPLICATIONS.
38.
(A) RAUL GONZALEZ VIERA WAS
R-87-255
63-65
APPOINTED TO THE CODE ENFORCEMENT
DISCUSSION
BOARD. (B) PLANNING ADVISORY BOARD
3/13/87
TO STUDY THE TAKING AWAY OF ANIMAL
CONTROL FROM POLICE DEPARTMENT AND
GIVING SUCH TO THE CODE ENFORCEMENT
BOARD.
39.
BRUNO CARNESELLA WAS APPOINTED TO
R-87-256
65
THE KNIGHT INTERNATIONAL CENTER
3/13/87
ADVISORY BOARD.
4
40. (A) DISCUSSION REGARDING PROPOSED
DISCUSSION 66-71
OUTDOOR ADVERTISING SIGN
M-87-257
(BILLBOARD) AT 305 S.W. FIRST
3/13/87
STREET. (B) DISCUSSION REGARDING
BILLBOARD PLACED BY THE MIAMI
HERALD DURING THE GRAND PRIX
RACES. (C) PLANNING DEPARTMENT TO
STUDY REDUCTION OF TOTAL NUMBER OF
PERMITTED OUTDOOR ADVERTISING
SIGNS FROM TEN TO NINE.
41. CONFIRM ASSESSMENT ROLL FOR
R-87-258 71-72
CONSTRUCTION OF KINLOCH SANITARY
3/13/87
SEWER CENTERLINE SR-5485-C.
42. CONFIRM ASSESSMENT ROLL FOR R-87-259 72
CONSTRUCTION OF KINLOCH SANITARY 3/13/87
SEWER SIDELINE SR-5485 S.
43. AUTHORIZE EXECUTION OF AGREEMENT R-87-260 73
WITH SOUTHERN BELL TO ADD AUTOMATIC 3/13/87
LOCATION IDENTIFICATION FEATURE TO
CITY'S EMERGENCY 911 SYSTEM.
44.
DISCUSSION REGARDING ORANGE BOWL
DISCUSSION
73-74
AND MIAMI STADIUM AWARD OF CONTRACT
3/13/87
(LAWSUIT); ISSUE TO BE REVISITED
NEXT AGENDA.
45.
(A) EMERGENCY ORDINANCE% INCREASE
ORDINANCE
74-77
APPROPRIATION FOR "MIAMARINA
10242
RENOVATION PROJECT" BY $100,000.
R-87-261
(B) AUTHORIZE INCREASE IN CONTRACT
3/13/87
WITH MCNEW MARINE CONSTRUCTION FOR
CONSTRUCTION OF BAYSIDE SPECIALTY
CENTER-MIAMARINA RENOVATION.
46.
APPROVE IN PRINCIPLE SETTLEMENT OF
R-87-262
77-83
SHANREKA PERRY CASE.
3/13/87
47.
ALLOCATE $6,000 IN SUPPORT OF CUBAN
R-87-263
83-84
MUNICIPALITIES FAIR CORPORATION
3/13/87
CARNIVAL.
48.
TENTATIVE ALLOCATION OF $30,000 TO
M-87-264
85-89
FLORIDA HOUSING COOPERATIVE FOR
3/13/87
ACQUISITION OF PROPERTY AT 626
S.W. 4 AVE. WITH STIPULATIONS.
49.
(A) SCHEDULE PUBLIC HEARING FOR
M-87-265
90-93
PARKING PROBLEMS IN AREA OF S.W. 19
M-87-266
STREET BETWEEN 22 AND 27 AVENUES.
3/13/87
(B) REFER TO CITY MANAGER
COMPLAINTS RECEIVED WITH ONGOING
TRAFFIC PROBLEMS IN AREA BETWEEN
9TH AND 13TH STREETS AND 12TH AND
18TH AVENUES.
50.
MAKE SYMBOLIC PLEDGE TO SUPPORT
M-87-267
93-100
"FOOD GARDENS PROJECT;" TO IDENTIFY
3/13/87
LAND REQUESTED; COMMUNITY
DEVELOPMENT TO STUDY POSSIBLE
ALLOCATION OF $30,000.
51.
DISCUSSION CONCERNING THE IMAGE OF
DISCUSSION
100-104
THE BLACK COMMUNITY OF DADE COUNTY.
3/13/87
5
52. (A) APPROVE
APPOINTMENT/REAPPOINTMENT TO THE
MIAMI SPORTS AND EXHIBITION
AUTHORITY BOARD (S.&.E.A.B.) (B)
EACH CITY COMMISSIONER SHALL
NOMINATE ONE MEMBER TO THE S. & E.
A.B.; FOUR CITY COMMISSIONERS SHALL
NOMINATE A SECOND MEMBER. (C)
APPOINTING ELI FEINBERG, WILLIAM
BAYER, EUGENE MARKS, MONTY TRAINER,
J.J. SHEPPARD, RAUL MASVIDAL,
FRANKIE ROLLE GEORGE KNOX AND
ROBERT ALLEN JR. TO THE S.& E.A.B.
(D) APPOINT EUGENE MARKS AS
CHAIRMAN OF THE S.E.A.B.
M-87-268
M-87-269
M-87-270
M-87-271
3/13/87
104-114
53. LONG DISCUSSION REGARDING LABOR M-87-272 114-132
DISPUTES AT MIAMI ARENA; AWARD BID M-87-273
PACKAGES 1, 2, AND 3, FOR 3/13/87
CONSTRUCTION OF MIAMI ARENA, MAKING
MANIPULATIONS REGARDING MINORITY
PARTICIPATION.
54. ACCEPT CRITERIA FOR EVALUATION OF M-87-274 132-135
SELECTION OF SENIOR MANAGER FOR 3/13/87
PROPOSED REFUNDING OF $33,000,000
GENERAL OBLIGATION BONDS. (SEE
LABEL #58).
55. ACCEPT IN PRINCIPLE FY186-187 M-87-275 135-138
DEPARTMENT OF OFFSTREET PARKING 3/13/87
CAPITAL PROGRAM.
56. EMERGENCY ORDINANCE: CITY MANAGER ORDINANCE 138-142
TO REVIEW METERED PARKING ZONES. 10243
3/13/87
57. ALLOCATE $15,000 TO BORINQUEN M-87-276 142-152
HEALTH CLINIC TO HELP THEM SOLVE 3/13/87
THEIR PROBLEMS WITH PARKING FOR THE
DISABLED.
58. DISCUSSION REGARDING SELECTION OF DISCUSSION 152-155
UNDERWRITER PROCESS FOR PROPOSED 3/13/87
GENERAL OBLIGATION REFUNDING BOND
(SEE LABEL #54)
59. AUTHORIZE CITY MANAGER TO EXECUTE R-87-277 155-156
AGREEMENT PROVIDING $175,000 TO 3/13/87
MIAMI DESIGN DISTRICT ASSOCIATION.
60. $1,000,000 OFFER TO ACQUIRE VACANT R-87-278 156-158
LAND BETWEEN N.E. 60 STREET AND 71 3/13/87
STREET ON BISCAYNE BAY TO BE USED
FOR PARK OR MARINA.
61. (A) CONDITIONALLY ACCEPT OFFER FROM
MORALES FOR PROPERTY AT 2202-2220
WEST FLAGLER STREET AND 20 BEACOM
BOULEVARD FOR $535,000.00 TO BE
USED FOR SOUTH DISTRICT POLICE
SUBSTATION; (B) CONDITIONALLY
ACCEPT OFFER FROM SIMON FOR
PROPERTY AT 34-90 BEACOM BOULEVARD
AND 2261-65 S.W. 1 STREET TO CONVEY
TOTAL INTEREST IN SAID PROPERTY TO
THE CITY FOR $990,000 TO BE USED
FOR SOUTH DISTRICT POLICE
SUBSTATION.
R-87-279 158-161
R-87-279.1
3/13/87
6
titz
62.
DEFER PROPOSED FIRST READING
M-87-280
161
ORDINANCE DECLARING UNLAWFUL
3/13/87
SALE/PURCHASE OF CONSTRUCTION
-
MATERIALS WITHOUT PROOF OF VALID
BUILDING PERMIT; WORKSHOP TO BE
HELD FOR PUBLIC INPUT.
63.
APPROVE TEMPORARY EASEMENT FOR DADE
R-87-281
162-164
COUNTY TO CONSTRUCT A PORT
3/13/87
BOULEVARD DETOUR ROAD.
64.
(A) DISCUSSION REGARDING ALLEGED
M-87-282
165-189
DISCRIMINATION IN FIRE RESCUE AND
3/13/87
INSPECTION SERVICES DEPARTMENT. (B)
DIRECTING CITY MANAGER TO RECOMMEND
TO THE COMMISSION INDIVIDUALS TO
ASSIST EVALUATXNG ALLEGATIONS OF
DISCRIMINATION IN SAID DEPARTMENT.
(C) REQUESTING THE CITY MANAGER TO
COME BACK TO THE COMMISSION WITH A
PROPOSED NEW PROMOTIONAL SYSTEM.
-
65.
RESCHEDULE CITY COMMISSION MEETING
M-87-283
189-190
OF MARCH 31 TO COMMENCE AT 2:00
3/13/87
P.M.
66.
DISCUSSION REGARDING MAYOR SUAREZ'S
DISCUSSION
190-191
PRESS RELEASE DEALING WITH OFF-
3/13/87
STREET PARKING DEPARTMENT.
Y,
7
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13th day of March, 1987, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9.08 O'clock a.m. by Mayor Xavier
Suarez with the following members of the Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
ALSO PRESENT:
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Commissioner Dawkins who then led those
present in a pledge of allegiance to the flag.
.-----------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS, COMMENDATIONS
Mr. Plummer: Mr. Mayor, I want to know if you called on Commissioner Dawkins
to say the prayer because he's going to meet with the Pope next week - get him
ready!
Mayor Suarez: We'll get additional suggestions for prayers to begin these
meetings. We have a few ceremonial items.
1. Proclamation to International Association for Breast Cancer Research
Days: Presentation to Dr. Diana Montes de Oca Lopez, congratulating
the Association's volunteers and staff members for their dedication
and efforts on behalf of those afflicted by this terrible disease.
2. Proclamation Girl Scout Week: Congratulations to the Girl Scout
Council of Tropical Florida on the 75th anniversary of girl scouting.
3. Proclamation to Troop 16, Boy Scouts of America 50th Anniversary Day:
Congratulating them on their Golden Anniversary of serving the youth
of our community.
4. Commendation to Stephen P. Evans and Richard A. Bean, 1986 Outstanding
Employees of the Year.
5. Commendation to City of Miami Police Department, for their
contribution to the success of the 5th Annual Miami Grand Prix.
6. Commendation to City of Miami General Services Administration
Department for their contribution to the success of the 5th Annual
Miami Grand Prix.
7. Certificates of appreciation to Dale Kelchner, Michael T. Price and
David D. Walters for their contribution to the success of the 5th
Annual Miami Grand Prix.
1 March 13, 1937
NOTE
FOR THE RECORD: Commissioner Dawkins requested the administration to
nr�ners certificates of appreciation to the Sanitation department for
their contribution to the success of the Grand Prix.
'-
8.
Commendation to Officer Armando Valdes for being the overall winner of
the Three Gun Champion Competition for 1987.
9.
Certificate to the Mayor and Commissioners by Charles Glick, Director
of the U.S. Information Agency.
NOTE
FOR THE RECORD: Commissioner Carollo entered the meeting at 9.27 a.m.
2
CITY TO HELP PROVIDE SPACE FOR MUNICIPALS IN EXILE AND THE JUNTA
PATRIOTICA ORGANIZATION, WHOSE HEADQUARTERS WERE DESTROYED IN RECENT
FIRE.
----------------------- -----
■
Mr.
Plummer: Mr. Mayor, I have a few items, if I could pleasure the
-�
indulgence
of the Commission for just a few moments.
Mayor
Suarez: Proceed, Commissioner.
Mr. Plummer: Mr. Mayor, we all read with sorrow, I guess is the wo"A. at the
tragic fire that took place at the offices of the Municipals in Esile am the
Junta Patriotica. They have been completely gutted out by fire. I have asked
the City Manager, if possible to provide some temporary space for them while
they are doing something about a permanent home again. I would like to offer
a motion at this time that we instruct the City Manager to find appropriate
space for temporary headquarters for this organization, and I so move.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. This is obviously an emergency matter
because of the fire. Any further discussion?
Mr. Carollo: I would just like to advise the Commission of one of the steps
we took yesterday to ask the City Manager to go ahead and do that so I call
the question on the motion by Commissioner Plummer.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-224
A MOTION INSTRUCTING THE CITY MANAGER TO PROVIDE, IF
POSSIBLE, AN APPROPRIATE SPACE TO BE USED AS TEMPORARY
HEADQUARTERS BY THE MUNICIPALS IN EXILE AND THE JUNTA
PATRIOTICA ORGANIZATION DUE TO THE RECENT TRAGIC FIRE
WHICH DESTROYED THEIR OFFICE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And I presume the Department is continuing to investigate, Mr.
City Manager, the cause of the fire.
2 !larch 13, 1987
Mr. Odio: Yes, air.
3. AUTHORIZE NEGOTIATIONS UP TO $50,000 TO BRING THE BRAZIL SOCCER TEAM TO
MIAMI ON MARCH 16, 1987
Mr. Plummer: Mr. Mayor, I'm happy to announce to you and to other members of
the Commission as your chairman to the Orange Bowl future that the Genesis
concert which ties just held in the Orange Bowl, the city of Miami is going to
net, net $165,000 to the city coffers. I think that that is another thing
that is very, very important to the city. I am also happy to report to you,
Mr. Mayor, and to my Commissioners that last night at the Orange Bowl was the
first night of the soccer games. There's another one on Saturday. Last night
there was a paid attendance of about 16,000 people for a very lively game and
crowd. They are expecting double that on Saturday night. The United States
won. They will be one of the winners and I don't know who won the second
game. The Bogota team won the second game, I am told. Mr. Mayor, I bring up
in conjunction with that the opportunity this city has - and we have to make a
commitment on Wednesday - to take from those profits and to bring the great
soccer team of Brazil to the United States on May 16th. We feel that there
should be sufficient profits from these two games to bring the teams to the
United States. I would make a motion at this time that the city of Miami
authorize the City Manager to negotiate up to $50,000, which is expected as
the profits, to be used to bring that tremendous team to this country and I so
move.
Mayor Suarez: So moved and seconded. Any discussion from the Commission?
Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-225
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE UP TO $50,000 (WHICH PROFITS ARE EXPECTED TO
BE DERIVED FROM THE TWO SOCCER GAMES HELD ON MARCH 12
AND 14 AT THE ORANGE BOWL STADIUM) TO BE USED TO BRING
TO MIAMI BRAZIL'S FAMOUS SOCCER TEAM ON MARCH 16,
1987.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
3 March 13, 1987
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4. AAuv%;A1" 42b,00 1U BRINV THE GRAND NATIONAL CHAMPIONSHIP OF INBOARD
RACING TO MIAMI
-----------------------------------------------------
W
Mr. Plummer: And finally, Mr. Mayor, we have had an invitation, if this
Commission so sees fit, which I would recommend, to bring the Grand National —
Championship of the Inboard Racing to the city of Miami in August. It would
cost the city 25,000 for television promotion, through E.S.P.N., of three
hours. I think it is very worth while. It would bring almost a thousand
participants and about 5,000 people from out of town. I think it is money
well spent and I would make a motion at this time that, likewise, this be
turned over to the Manager for approval, subject to his negotiations. I so
move.
Mayor Suarez: Why not, if I may suggest on that, since it is not until
August, you said, just simply turn it over to the City Manager to come back to
the Commission with his recommendation?
Mr. Plummer: My problem is the commitment has to be made next week and that's
why I said turn it over to him and let him negotiate it out.
Mayor Suarez: So moved.
Mr. Plummer: I move, yes, sir.
Mr. Carollo: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-226
A MOTION DIRECTING THE CITY MANAGER TO ALLOCATE AN
AMOUNT NOT TO EXCEED $25,000 IN ORDER TO BRING TO
MIAMI THE GRAND NATIONAL CHAMPIONSHIP OF INBOARD
RACING, WHICH EVENT WILL INVOLVE A CITY PROMOTION OF
THREE HOURS THROUGH E.S.P.N. TELEVISION.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
5. REFER TO CITY MANAGER CONSIDERATION OF PROGRAM TO GIVE GIFT CERTIFICATES
TO OUTSTANDING EMPLOYEES OF THE YEAR.
Mr. Plummer: Finally, Mr. Mayor, you were the one who made the statement on
the presentation to the two outstanding employees of the city for 1966. Why
not a gift certificate? In watching some of the Metro Commission meetings, we
had ...
Mayor Suarez: Gift certificate? I said why not a frame for the proclamation.
4 !larch 130 1907
r.
Mr. Plummer: At least a frame! Mr. Mayor, the county uses a system that I
would like to see instigated in this city. They have a thing in which county
employees make recommendations to improve, to better efficiently do the
delivery of services and saving money.
Mayor Suarez: A sort of innovations award, or something?
Mr. Plummer: Yes, sir. What they do, the ones that are chosen, they are
given 10% of what they save the county for a one-year period. Now, most of
those checks are in the neighborhood of three, four, five hundred dollars, but
it was said by the county in that one program, the county was better able to
deliver services and save over a million dollars in cost.
Mr. Dawkins: What service did they better deliver because Miami is in the
county and I don't know a damn thing I receive better.
Mr. Plummer: All I am asking this Commission - I think it's worth while to
have the administration look into the program and report back to us.
Mayor Suarez: Yeah, and he's got also an incentive program which has to do
with a bonus to be paid to each department head that saves a certain amount of
money, so maybe he can consider it as part of it.
Mr. Plummer: It's all part of it.
Mayor Suarez: I wouldn't', off the top of my head, approve anything like 10%
bonus on the savings, but I've no problem with the City Manager looking into
it.
Mr. Plummer: Sure. Thank you, Mr. Mayor.
Mayor Suarez: Can we have Consent Agenda comprised of items 1 through 20?
Mr. Carollo: Excuse me, Mr. Manager -
Mayor Suarez: Do we have a Manager?
6. COMMISSIONER CAROLLO REQUESTS MAYOR TO REPORT TO COMMISSION ON TRIPS
ABROAD
Mr. Carollo: I'll go to something else. Mr. Mayor, in the past it has bee::
the policy of former mayors that when they go in representation of the city of
Miami outside the country or other parts of the country that they do give us a
report back of the activities that they have made in areas that they found of
mutual interest. If the Mayor would like to take that opportunity now, or
maybe just put it in memorandum and send it to us, I think it would be worth
while - in keeping with that tradition.
Mayor Suarez: I'll be more than happy to give you a report, if you're
referring to my trip to Israel. Anything else, Commissioner?
Mr. Carollo: I think it was quite a worth while trip.
Mayor Suarez: Thank you.
Mr. Carollo: Shalom!
Mayor Suarez: Anything else, Commissioner? Okay, we have items the Consent
Agenda comprised of items 1 through 20. Commissioner Kennedy -
5 March 13, 1987.
f 1'
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7. SETTLEMENT: $160,000 TO RICHARD SICKING FOR ATTORNEY'S FEES INCURRED BY
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS IN CONNECTION WITH THE GATES
CASE, PENSION LITIGATION
ow
Mrs. Kennedy: Before we start, the Gates pension suit was settled a long time
ago, but attorney's fees were still being negotiated. They were settled
finally for 160,000 and the City Attorney approved - Madam City Attorney, is
it appropriate to bring it up, now? I think Don Teems is here.
Mrs. Dougherty: Yes, sir, Madam Commissioner. I have before me the
resolution and the Commission recommendation for you. As you may recall, the
Gates settlement was the pension dispute. We settled that sometime ago. We
also settled all of the attorney's fees in connection with that, except for
the firefighters' attorney's fees for Mr. Sicking. He originally asked for
$1,100,000 and, through these years, we have negotiated to, and recommend at
this time, 4160,000 for approximately 1500 hours of work.
Mrs. Kennedy: Okay. I so move.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded and thirded. Any discussion? Call the
roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-227
A RESOLUTION AUTHORIZING PAYMENT OF $160,000 TO
ATTORNEY RICHARD SICKING IN COMPLETE SETTLEMENT OF
ATTORNEY'S FEES INCURRED BY THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, LOCAL 587, IN CONNECTION
WITH THE GATES CASE AND RELATED PENSION LITIGATION,
SAID MONIES BEING ALLOCATED FROM THE SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
S. GRATITUDE EXPRESSED TO COSTA RICA FOR VOTING THEIR CONVICTIONS ON HUMAN
RIGHTS FOR CUBAN POLITICAL PRISONERS ISSUE AT THE UNITED NATIONS
Mr. Carollo: Yesterday, the United States presented a motion before the
United Nations Human Rights Commission. It was a resolution, actually,
accusing the Cuban government of persecuting its political opponents. Out of
all the Latin American countries that form part of that committee, there was
only one that voted with the United States. There was only one that was not
intimidated, one that wasn't hypocritical in its actions, and that was the
6 March 13, 1987
country of Costa Rica. I'd like to make a motion expressing the gratitude of
this Commission and the citizens of Miami t^ the o..ps3ovn7nment
and people of Costa Rica for standing up for what is right and not letting
themselves be intimidated.
Mr. Plummer: I second that motion. (APPLAUSE)
Mayor Suarez: So moved and seconded.
Mr. Plummer: I think we have seen a tradition in the country of Costa Rica to
be very, very anticommunist and that goes back as long as I can remember and,
once again, they have proved their true colors by coming forth and standing,
not with the United States, but what is right. And I think it is very
appropriate that we take that course of action to congratulate those who have
done what we think is the right posture and they have done it very, very -
time and time again.
Mr. Carollo: If we could add in that resolution gratitude to the people of
Costa Rica and our sister city in Costa Rica also and its mayor.
Mayor Suarez: It will be done. Call the roll on the motion.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-228
A RESOLUTION OF THE MIAMI CITY COMMISSION ON BEHALF OF
THE CITIZENS OF THE CITY OF MIAMI, FLORIDA, EXPRESSING
ADMIRATION AND GRATITUDE TO THE PRESIDENT, THE
GOVERNMENT, AND THE PEOPLE OF COSTA RICA FOR VOTING
THEIR CONVICTIONS IN CONNECTION WITH THE RESOLUTION
BEING CONSIDERED BY THE HUMAN RIGHTS COMMISSION OF THE
UNITED NATIONS WHICH SOUGHT TO CONDEMN AND CENSOR THE
CUBAN GOVERNMENT FOR ITS OPPRESSION OF POLITICAL
OPPONENTS WITHIN THAT COUNTRY; FURTHER EXPRESSING
GRATITUDE TO THE MAYOR AND CITIZENS OF MIAMI'S SISTER
CITY IN COSTA RICA, MONTES DE OCA, FOR THE SUPPORT
GIVEN TO THE LEADERS OF THAT COUNTRY IN THE ACTION
TAKEN BY THEM BEFORE THE HUMAN RIGHTS COMMISSION;
FURTHER TAKEN BY THEM BEFORE THE HUMAN RIGHTS
COMMISSION; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarezr Who's our sister city - is it San Jose?
Mr. Plummer: Monte uca - right outside of San Jose.
I
7 March 19, 1967
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9. ACCEPT DONATION BY COUNTY TO CITY OF BUILDING TO BE USED FOR ALLAFATTAH
MINI STATION
Mrs. Kennedy: Mr. Mayor, I also see some people from the mini -station in
Allapattah. Mr. Manager, is the Police Department ready now for the
recommendation of the appropriate site?
Mr. Odio: Yes we are, Commissioner. We are ready to recommend the location
that was given to us by the Dade County office building they have over on 20th
Street and 19th Avenue which is an ideal location according to the Police
Department. It has been donated to the city for a dollar a year. There is no
expenses ...
Mr. Plummer: Can we afford it?
Mr. Odio: I think we can! So I - we do recommend that location for the mini -
station.
Mr. Dawkins: Mr. Manager, be sure that we take somebody out there and be sure
that that facility meet any and all code that we need so that once we get in
there we don't have to close it up because it does not meet the code.
Mr. Plummer: Yeah, but it's a county building. Wouldn't that be beautiful!
Mr. Dawkins: The other one was a free building, see. Let's don't get in
there and get operating and then have to close it down because ... because the
Chief's going to close it down, now, if it doesn't meet the code.
Mr. Plummer: I want to know if this one has a swimming pool.
Mr. Dawkins: No, but we're working on it!
Mr. Plummer: You moving it?
Mrs. Kennedy: Okay, yes, I'm moving it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-229
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ACCEPT DONATION TO THE CITY OF A METROPOLITAN DADE
COUNTY BUILDING LOCATED AT APPROXIMATELY N.W. 20
STREET AND 19 AVENUE FOR $1 PER YEAR TO BE UTILIZED AS
A MINI POLICE STATION TO SERVE THE ALLAPATTAH AREA.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
-_ Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Items 1 through 20 comprise the Consent Agenda.
8 March 19, 1987
------------------ -----------------------------------------------------------
10. EMERGENCY ORDINANCE: CITY MANAGER'S DESIGNEE SHALL BE AUTHORIZED TO
CONDUCT INTERVIEWS WITH PROVIDERS OF PROFESSIONAL SERVICES
Mrs. Dougherty: Mr. Mayor, before you take up the Consent Agenda, would you
please consider the passage of an emergency ordinance which we have before you
which would permit not only the City Manager but the City Manager's designee
to interview the three candidates for any professional service. Right now,
the Manager has to do it himself and we would recommend that the Manager ...
Mayor Suarez: That applies to any and all contracts for professional
services?
Mrs. Dougherty: Yes, sir. Right now it's the Manager that has to do it
himself and ve would like it if the ... and the Manager has recommended that
not only he but his designee be permitted to make the interviews and we have
passed that out before you.
Mr. Dawkins: And it still hasn't come back to the City Commission.
Mr. Plummer: You're talking about just an interview and not the final
selection.
Mrs. Dougherty: That's correct. The final selection is you.
Mr. Plummer: Well, no, it's not. Yes, okay, but I'm talking about is that
this panel would review, evaluate and recommend to him.
Mrs. Dougherty: No, what this is - Yes, that's correct.
Mr. Plummer: And then he would recommend to us but he, the Manager, has the
authority to override those three people at all times.
Mrs. Dougherty: That is right. But this is not a three -people, this is the
City Manager or the Manager's designee. Right now it says the Manager.
Mr. Plummer: Okay. Well ... is that ... Mr. Manager, would you prefer one
person or three?
Mr. Odic: Make it three.
Mr. Dawkins: But wait a minute. Hold it, now. What are we getting into
here? Are we saying that the selection committee would make the
recommendation to the Manager or his designee or are we saying that three
people are going to replace the selection committee? What are we saying?
Mrs. Dougherty: No, this is not a selection committee. This is -
Mr. Plummer: Three people would report to the Manager.
Mayor Suarez: Well, you're just creating a selection committee if you go to
three. That's what the Commissioner is saying. He asked just to have a proxy
on his behalf and now we're talking about three. Is it a selection committee
or - ?
Mr. Plummer: All right, no, no, I'm withdr-
Mr. Odio: I don't care.
Mr. Plummer: Mr. Mayor, the only thing I was trying, as I have done in many
other cases, is to try to provide the latitude of having some outside private
industry people to be involved in selections. I think it's good. But if what
you're saying - I have no objection - you want to make a designee, I have no
problem with that. I'll move it to try -
Mr. Dawkins: Second.
9 March 13, 1987
Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Read the
ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 18-52.2(a)(3)
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TO PROVIDE THAT THE CITY MANAGER'S DESIGNEE SHALL BE
AUTHORIZED TO CONDUCT REQUIRED INTERVIEWS WITH
PROVIDERS OF PROFESSIONAL SERVICES; 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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10231.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: MINUTES OF THE MEETINGS OF OCTOBER 7 & 23 AND
NOVEMBER 13 & 25, 1986 WERE UNANIMOUSLY APPROVED.
11. CONSENT AGENDA
Mayor Suarez: Items 1 through 20 comprise the Consent Agenda.
Mr. Odio: Twenty-one, Mr. Mayor.
Mr. Dawkins: Pull 7 and 12.
Mr. Plummer: I have nothing to pull, Mr. Mayor.
Mayor Suarez: Pull item 18.
Mr. Plummer: You're getting better, Mr. Managers Three out of 21.
Mr. Odio: If I put the whole agenda on consent, maybe ...
Mr. Plummer: You won't hurt my feelings.
10 March 13, 1907
t
Mayor Suarez: Okay, with the exception of items 7, 12 and 18, items 1 through
21 comprise the Consent Agenda. Is there anyone from the general public who
wishes to be heard for or against any of those items? Luis, I know you're
here on item 49 which is related to 21. We can take it up right after 21.
Mrs. Kennedy: I move the consent agenda.
Mayor Suarez: Let the record reflect that no-one has stepped forward from the
general public. We have a motion and a second for the Consent Agenda.
Thereupon, the City Commission on motion duly made by Commissioner
Kennedy and seconded by Commissioner Plummer, adopted the hereinbelow
resolutions by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
11.1 ACCEPT DONATION OF HEWLETT PACKARD HP-97 CALCULATOR FROM D. CATHER
TO PUBLIC WORKS AT NO COST TO CITY
RESOLUTION NO. 87-230
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE DONATION OF A HEWLETT PACKARD HP-97 CALCULATOR
FROM DONALD W. CATHER, DIRECTOR, DEPARTMENT OF
PUBLIC WORKS, FOR USE BY THE CITY OF MIAMI PUBLIC
WORKS DEPARTMENT AT NO COST TO THE CITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11.2 ACCEPT BID: JIM PROSSER ENTERPRISES FOR AALADIN HEAVY DUTY PRESSURE
CLEANER TRAILER AND HOT WATER TANK
RESOLUTION NO. 87-231
A RESOLUTION ACCEPTING THE BID OF JIM PROSSER
ENTERPRISES, INC. (A NON -MINORITY VENDOR) FOR
FURNISHING ONE (1) AALADIN 45-530D HEAVY DUTY
PRESSURE CLEANER TRAILER AND HOT WATER TANK TO THE
DEPARTMENT OF SOLID WASTE AT A TOTAL PROPOSED COST
OF $10,835.00; ALLOCATING FUNDS THEREFOR FROM THE FY
187 CAPITAL IMPROVEMENT BOND FUND 329402-840,
PROJECT 353005; 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.)
11.3 REJECT BIDS FOR FURNISHING TIRE RECAPPING AND ACCEPT LOWEST BID OF
P.R.I.D.E. OF FLORIDA
RESOLUTION NO. 87-232
A RESOLUTION REJECTING CITY BIDS RECEIVED FOR
FURNISHING TIRE RECAPPING AND REPAIR SERVICE AND
ACCEPTING THE LOWEST BID OF P.R.I.D.E. OF FLORIDA (A
NON -MINORITY VENDOR) UNDER METROPOLITAN DADE COUNTY
BID 00702 AT A TOTAL PROPOSED 'COST OF $50,000.00 ON
_ A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY
TO THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION; ALLOCATING FUNDS THEREFOR FROM THE
{
11 March 13, 1987
41 0
1986-87 FLEET MANAGEMENT DIVISION, GENERAL SERVICES
ADMINISTRATION OPERATING BUDGET; 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.)
11.4 RESCIND AWARD TO SUPERIOR BUILDING SERVICES FOR CUSTODIAL SERVICES
AT FIRE TRAINING CENTER AND ACCEPT BID OF INDUSTRIAL BUILDING
MAINTENANCE.
RESOLUTION NO. 87-233
A RESOLUTION RESCINDING THE AWARD TO SUPERIOR
BUILDING SERVICES (A HISPANIC VENDOR) FOR FURNISHING
CUSTODIAL SERVICES AT THE FIRE TRAINING CENTER ON A
CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR
RENEWABLE ANNUALLY TO THE GENERAL SERVICES
ADMINISTRATION DEPARTMENT; FURTHER ACCEPTING THE BID
OF INDUSTRIAL BUILDING MAINTENANCE (A HISPANIC
VENDOR) THE SECOND LOWEST RESPONSIBLE AND RESPONSIVE
BIDDER AT A TOTAL PROPOSED COST OF $12,600.00, USING
FUNDS THEREFOR PREVIOUSLY ALLOCATED UNDER RESOLUTION
NO. 86-888 ADOPTED NOVEMBER 13, 1986 FROM THE 1986-
87 OPERATING BUDGET; 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.)
11.5 NEGOTIATE AND EXECUTE SERVICES AGREEMENT WITH EDWARD H. FRIEND & CO.
FOR ACTUARIAL ASSISTANCE IN PENSION MATTERS
RESOLUTION NO. 87-234
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.,
INC., 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.)
11.6 EXECUTE SERVICES AGREEMENT WITH VALLE-AXELBERD AND ASSOCIATES, INC.
FOR PSYCHOLOGICAL SCREENING PROCEDURES FOR POLICE OFFICER
APPLICANTS
RESOLUTION NO. 87-235
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH VALLE-
AXELBERD AND ASSOCIATES, INC., IN SUBSTANTIALLY THE
FORM ATTACHED, FOR THE PURPOSE OF ADMINISTERING
PSYCHOLOGICAL SCREENING PROCEDURES FOR POLICE
OFFICER APPLICANTS AT A COST NOT TO EXCEED FORTY-
SEVEN THOUSAND TWO HUNDRED FIFTY DOLLARS (447,250)
WITH FUNDS THEREFOR ALLOCATED FROM THE POLICE
DEPARTMENT BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Mh
12 !larch 13, 1987
11.7 CANNON STIERHELM BUSUTIL TO DEVELOP COST ALLOCATION SYSTEM FOR
GENERAL SERVICES ADMINISTRATION DEPARTMENT
RESOLUTION NO. 87-236
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EMPLOY
THE PROFESSIONAL SERVICES OF CANNON STIERHELM
BUSUTIL TO DEVELOP A DIRECT COST ALLOCATION SYSTEM
FOR GENERAL SERVICES ADMINISTRATION DEPARTMENT,
FLEET MANAGEMENT DIVISION; ALLOCATING AN AMOUNT NOT
TO EXCEED $25,000 THEREFOR FROM GENERAL SERVICES
ADMINISTRATION DEPARTMENT OPERATING BUDGET. SAID
FEE TO BE REIMBURSED TO CITY IF THE STUDY DOES NOT
IDENTIFY SAVINGS OR REVENUE OPPORTUNITIES WHICII, IF
IMPLEMENTED AS RECOMMENDED, EXCEED THE FEE OVER ONE
YEAR FROM THE DATE OF IMPLEMENTATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11.8 AGREEMENT WITH ROBERT D. CRUZ FOR PROFESSIONAL PLANNING SUPERVISION
FOR MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
RESOLUTION NO. 87-237
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, SUBSTANTIALLY IN THE FORM
ATTACHED, WITH ROBERT D. CRUZ, AS PROJECT MANAGER,
FOR PROFESSIONAL PLANNING SUPERVISION IN CONNECTION
WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, WITH
FUNDS IN THE AMOUNT OF $77,500 FOR THE PERIOD MARCH
13, 1987 TO SEPTEMBER 30, 1988, TO BE EXPENDED FROM
THE SPECIAL REVENUE FUND: "MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN: FY 186-187"; AND FY 187-188 GRANT
FUNDS FROM THE STATE OF FLORIDA SUBJECT TO THE
AVAILABILITY OF GRANT FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11.9 ACCEPT 21 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES
RESOLUTION NO. 87-238
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE
CITY OF MIAMI TO ACCEPT TWENTY-ONE (21) DEEDS OF
DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE
RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF
DADE COUNTY OF FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11.10 ACCEPT COMPLETED WORK: TREE MASTERS INC. FOR MAIN LIBRARY DEMOLITION
RESOLUTION NO. 87-239
A RESOLUTION ACCEPTING THE COMPLETED WORK OF TREE
MASTERS, INC. AT A TOTAL COST OF $79,444.00 FOR MAIN
LIBRARY DEMOLITION AND AUTHORIZING A FINAL PAYMENT
OF $6,844.40.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13 March 13, 1987
11.11 ACCEPT COMPLETED WORK: MIRI CONSTRUCTION INC. FOR CITYWIDE SANITARY
SEWER REPLACEMENT - DESIGN PLAZA
RESOLUTION NO. 87-240
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MIRI
CONSTRUCTION, INC. AT A TOTAL COST OF $58,784.50 FOR
CITY WIDE SANITARY SEWER REPLACEMENT - DESIGN PLAZA
AND AUTHORIZING A FINAL PAYMENT OF $5,836.15.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11.12 ACCEPT COMPLETED WORK: GARCIA ALLEN CONSTRUCTION CO. INC. FOR MANOR
STORM SEWER PROJECT BIDS "B" AND "C"
RESOLUTION NO. 87-241
A RESOLUTION ACCEPTING THE COMPLETED WORK OF GARCIA
ALLEN CONSTRUCTION CO., INC. AT A TOTAL COST OF
$824,982.65 FOR MANOR STORM SEWER PROJECT BIDS "B"
AND "C" AND AUTHORIZING A FINAL PAYMENT OF
$46,918.30.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11.13 ISSUANCE OF REQUEST FOR PROPOSALS TO REMOVE ABANDONED VEHICLES
RESOLUTION NO. 87-242
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST
FOR PROPOSAL, IN SUBSTANTIALLY THE ATTACHED FORM, TO
FURNISH REMOVAL OF ABANDONED VEHICLES SERVICES TO
THE DEPARTMENT OF SOLID WASTE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11.14 AUTHORIZE CLOSURE OF STREETS AND ESTABLISH TEMPORARY PEDESTRIAN MALL
FOR SAINT PATRICK'S DAY PARADE; ESTABLISH AREA PROHIBITED TO
PEDDLERS
RESOLUTION NO. 87-243
A RESOLUTION CONCERNING THE SAINT PATRICK'S DAY
PARADE TO BE CONDUCTED BY SAINT PATRICK'S DAY
PARADE, INC. ON MARCH 14, 1987 AUTHORIZING THE
CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC AND ESTABLISHING A TEMPORARY PEDESTRIAN MALL
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES AND THE REQUIREMENTS THAT THE
CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY
TO RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENT;
CONDITIONED UPON THE ORGANIZERS PAYING FOR NECESSARY
COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
14 March 13, 1987
11.15 AUTHORIZE CLOSURE OF STREETS AND ESTABLISH A PEDESTRIAN MALL FOR _
COMMIT ranVP RFD RACE; ESTABLISH AREA PROHIBITED TO PEDDLERS —
RESOLUTION NO. 87-244
A RESOLUTION CONCERNING THE 9TH ANNUAL COCONUT GROVE
BED RACE TO BE HELD MAY 17, 1987, 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 THE 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.)
11.16 AUTHORIZE CLOSURE OF STREETS AND ESTABLISH PEDESTRIAN MALL FOR MARCH
OF DIMES "WALKAMERICA"
RESOLUTION NO. 87-245
A RESOLUTION CONCERNING THE 1987 MARCH OF DIMES
"WALKAMERICA", TO BE HELD IN VARIOUS SITES IN
COCONUT GROVE ON APRIL 4, 1987, 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;
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.)
12 AUTHORIZE SIX LEASE AGREEMENTS WITH THE SCHOOL BOARD FOR USE OF CERTAIN
CITY PARKS
Mayor Suarez: Item 7.
Mr. Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Dawkins: What does "actual cost to maintain the premises" mean?
Mr. Odio: Let me explain, Commissioner, what this is. One time we brought an
agreement in here for $80,000 a year. The Commission sent us back to the
School Board 'to negotiate further. What we're doing here is, for the first
time, you know, the School Board, in certain parks, they use those parks for
recreation purposes and they have always used them without paying the city any
costs whatsoever. So this is the first time we can get them to agree to pay
some of the costs of maintaining, of the wear and tear of those parks. That's
why I was explaining to Commissioner Plummer yesterday that it's important
that we started off with some payments which we never had before and, with
experience, we can negotiate more funds later on. But this would be the first
time that we're getting some funds from the School Board for the use of city
parks.
15
!larch 13, 1987
7 ��
T
Mr. Dawkins: All I need to know is, what make up the actual costs.
Personnel?
Mr. Odio: Well, it is the personnel that we have in the parks to cut the
grass.
Mr. Dawkins: Fertilizer for the grass...
Mr. Odio: Yes.
Mr. Dawkins: ...water and everything. Whatever we have to expend for the
operation of that park, we can get 40% of that back from the School Board.
Mr. Odio: Yes, sir.
Mr. Dawkins: So move.
Mr. Plummer: And I'll second it, but how long is this contract for?
Mr. Odio: It goes for twenty-five years.
Mr. Dawkins: Twenty-five years? No way!
Mr. Odio: But every five-year period we ...
Mr. Dawkins: I remove my ...
Mr. Plummer: No, I can't go for twenty-five years. I can go for twenty-five
years, renewable annually at the Manager's discretion. Okay?
Mr. Odio: Fine. I got no problem.
Mr. Plummer: If you accept that amendment, I second the motion.
Mr. Odio: I accept the amendment, J.L.
Mayor Suarez: So moved and so amended. You want to make it twenty-five years
renewable annually? How about five years renewable annually? Because if you
got something that's renewable annually, I'm not sure that it makes sense to
give it for twenty-five years. It gives the wrong impression.
Mr. Odio: I don't think what we want to do is ... it took a long time to get
them to accept ...
_ Mr. Dawkins: Well, hell, they don't have to use the parks, Mr. Manager. I
mean, I agree with you, but they don't have to use the parks.
Mr. Odio: There's a technicality where the parks are ...
Mr. Dawkins: No, no, no, there is no technicality. That belongs to the city
of Miami.
Mr. Odio: But the kids live in the neighborhoods and they're entitled -
Mr. Dawkins: And I pay taxes to the School Board to support the children.
Mr. Odio: I understand, Commissioner.
Mayor Suarez: And when they have their playgrounds, the School Board, they
put fences around them so that we can't go into them. They did right here at
Shenandoah Elementary.
Mr. Odio: I guess, what I'm saying - I want them on the hook for twenty-five
years and let's open it up every year.
Mr. Dawkins: No, no. But they're not on the hook if it's renewable annually.
Anybody can cancel out, Mr. Manager.
Mr. Odio:.... at our option.
Mayor Suarez: You think you've got them on the hook for twenty-five years but
we can cancel any time?
16
j
!larch 13,- 1987'
�k
_5W
Mr. Odio: Yes. We should open it up every year for renewal.
Mayor Suarez: Still gives the wrong impression when you say twenty-five
years.
Mr. Odio: Okay, go ahead and do it, then.
Mayor Suarez: If you're sure it's at our option only and not the School
Board's.
Mr. Odio: If you can do it at our option only and we open it up for review.
Mayor Suarez: That's an interesting contract.
Mr. Plummer: Annually?
Mayor Suarez: At our option. They're going to want, if we do that, to also
have an option to renew or not renew, don't you think?
Mr. Odio: Let me put it in the agreement and see what they say.
Mayor Suarez: Okay. We have a motion to grant twenty-five years of this
agreement but renewable on a yearly basis at the city of Miami's option, the
City Manager being the one to exercise that option.
Mr. Plummer: Yes.
Mr. Dawkins: No, the Commission decides that option.
Mayor Suarez: The Commission has to vote on it? Yeah, and coming to the
Commission for approval each year. Okay, with those modifications, call the
roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-246
A MOTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
SIX LEASE AGREEMENTS WITH THE SCHOOL BOARD OF DADE
COUNTY; SAID LEASE AGREEMENTS SHALL BE FOR A TWENTY-
FIVE (25) YEAR PERIOD, RENEWABLE ON AN ANNUAL BASIS,
AT THE CITY'S OPTION; FURTHER DIRECTING THE CITY
MANAGER TO BRING THIS MATTER BEFORE THE CITY
COMMISSION ANNUALLY FOR THEIR REVIEW.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
17 March 13, 1937
�r •
------------------------------------------------------------------- - - -----
13 A- RECOGNIZE TAX-EXEMPT bTA'1UmIAMl FIREFIGHTER'S
BENEVOLENT ASSOCIATION;
B- DIRECT ADMINISTRATION TO RECOGNIZE SAME BENEFITS FOR NEW CANAAN
BAPTIST CHURCH.
Mayor Suarez: Item 12.
Mr. Dawkins: Somebody explain to me what 12 is, please.
Mr. Carlos Garcia: Mr. Mayor, members of the City Commission, what happened
in this situation is that the Firefighters own the piece of property on South
River Drive and they failed to file their tax exempt status with the county
and because of that they have received a tax bill. The county made a
contribution, in fact, to wave their taxes and that's what we are asking at
this time, that the city do the same thing.
Mr. Plummer: We've done it in the past?
Mr. Garcia: I don't believe it has happened before.
Mrs. Dougherty: Yes, it has.
Mr. Dawkins: We did it with Columbus, or somebody who didn't pay their taxes
up here, J.L.
Mr. Plummer: This is our Firefighters?
Mr. Garcia: It's the International Association of Firefighters.
Mr. Plummer: But I mean for the city of Miami.
Mr. Garcia: Yes, sir.
Mr. Plummer: I so move.
Mr. Dawkins: Second.
Mayor Suarez: Moved, second and third. Any discussion? Call the roll.
Mr. Dawkins: Under discussion, we have the same situation with New Canaan
Baptist Church and I recommend that the staff get with them and do the same
thing for them that we're doing for everybody else.
Mr. Garcia: Yes, Commissioner.
Mr. Dawkins: Move it.
Mayor Suarez: So moved. Call the roll.
18 March 13, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption%
RESOLUTION NO. 87-247
A RESOLUTION RECOGNIZING THE TAX-EXEMPT STATUS CLAIMED
BY MIAMI FIREFIGHTER'S BENEVOLENT ASSOCIATION IN
SUPPORT OF ITS REQUEST FOR RETURN OF MONIES PAID BY IT
BECAUSE OF ITS FAILURE TO TIMELY FILE APPLICATION FOR
TAX-EXEMPT STATUS OF ASSOCIATION PROPERTY LOCATED
WITHIN THE CITY OF MIAMI; AUTHORIZING AND INSTRUCTING
THE FINANCE DIRECTOR TO PAY TO SAID ASSOCIATION THE
AMOUNT OF $5,848.61, SAID SUM BEING CONFIRMED AS THE
AMOUNT TO BE RECEIVED BY THE CITY AS A RESULT OF THE
ASSOCIATION'S NONCOMPLIANCE WITH THE FILING DEADLINE;
FURTHER ALLOCATING SAID SUM FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
14. IDENTIFY OBJECTIVES FOR OVERTOWN SHOPPING CENTER
Mayor Suarez: Item 18. Mr. City Manager, I'm a little confused as to what
exactly we're approving on item 18 for the Overtown Shopping Center. I know
that there's an idea of changing a mini -station. over from the community center
over there.
Mr. Odio: Let me see if I can ... What we're really doing is ... The
original plan for the city was to have the city -owned facility developed and
managed by the Overtown Economic Development Corporation, who failed to live
up to its contract, so now we're establishing administrative policies as to
the manner in which the city will expend staff and physical resources required
to restore, develop, operate and manage the Overtown Shopping Center. We will
create a position within D.S.A. which will have the responsibility of carrying
out the policies that we establish for the Overtown Shopping Center.
Mrs. Kennedy: What do you want from us? Policy decisions?
Mr. Odio: Yes.
Mrs. Kennedy: Well, if that's what you want, why is this in the Consent
Agenda?
Mayor Suarez: There was a little confusion as to why this was on the Consent
Agenda, if we have to delve into some of the specifics of the proposal.
That's confused all of the Commissioners.
Mr. Odio: You're right.
Mr. Dawkins: Where is the money coming from?
Ms. Adrienne Macbeth: Mr. Commissioner, my name is Adrienne Macbeth from the
G.S.A. Department. The staff person is already on board in the Department of
Development. He would just be transferred over.
19 March 13, 1987
Mr. Dawkins: Where is the money coming from to make the necessary revairs to
bring the Center up to a standard where somebody wants to rent it?
Ms. Macbeth: What we are doing is we're proposing, with your authority to tap
into all the resources that are existing to do that and to bring those forces
that bear along with what we are already spending to bring that Center back up
to a state that's acceptable.
Mr. Dawkins: In the event that we don't get that money, the people in that
area feel today that we're going to something and when we don't identify that
money, I mean, what are we going to do then?
Ms. Macbeth: Mr. Commissioner, we have several alternatives. We have already
been expending monies that exist within our budget to bring the facility up to
a better standard. In addition to that we are currently working with
individuals who will be vendors in that facility. We have recently
established a laundromat in there and we have .the potential to establish a dry
cleaning facility and some other office space and services within that
facility.
Mr. Dawkins: Mr. Manager, I mean, Mr. Mayor, fellow Commissioners, continue
this until they come back and tell me where the money is coming from, what's
going to be done with it, and give me a timetable.
Mayor Suarez: Is there anything before we're at the point where we can
resolve those questions Commissioner Dawkins has that you need for us to do
today that does not require answers to those questions that he is posing?
Mr. Ron Williams: Mr. Mayor, I might be able to clear up some of it. As you
are aware, we are now operating the shopping center through funds that we have
available in the Property Lease Management Enterprise Fund. As part of that
fund, we take the responsibility of repairing lease properties and trying to
maintain them in a fashion that is suitable for their purpose. That's what
we're doing right now and we plan to continue using that fund. As far as the
staff...
Mr. Dawkins: What fund, Mr. Williams?
Mr. Williams: Property and Lease Management Enterprise Fund. That's our
lease properties fund that you appropriate as part of the annual budget each
year and we make those funds available. As you are well aware, we have made
improvements over there within recent months, as you directed, and we are
continuing to do those naturally, emergency items, but also we are looking to
try and show up the facility and making it secure and making it attractive to
potential lessees. We think that we can continue to do that. We think we can
continue to use that employee that's now working within the Department of
Development to manage that facility and keep on top of it. We essentially
wanted you all to endorse our continued efforts from a policy standpoint so
that we could get a slight bit more aggressive in terms of providing a
community -service type shopping center operation there.
Mr. Dawkins: The only problem I have, Mr. Williams, is the same one J.L.
keeps saying. We keep making promises in Overtown and that's all. And it's
no reflection on you, okay? Or Me. Macbeth. But somewhere along the line
somebody has got to bite the bullet and identify the funds and tell the people
"hey, look, we don't have it.
Mr. Williams: I think that's what we're trying... First of all, obviously we
will keep the promise that we make to you, but I think that's part of it and I
would like Adrienne to respond because she's familiar with it. We have a
facility there that the city owns. It's a city facility. We said that we
would try and provide a commercial service type operation there and what we're
asking you to do In to endorse our continued effort to most that promise
rather than walk away from that facility that's there.
Mr. Dawkins: Okay, I'll rephrase my motion, Mr. Mayor. Let's approve this
for six months and at the and of six months let them came back and tell me
what they've done.
Ms. Macbeth: Thank you.
20 March 130 1987
Mayor Suarez: Now, that will include the moving of the mini -stations. I
understand Commissioner Carollo has been looking for furniture to be obtained
i for free to outfit that station, and so on.
Ms. Macbeth: Yes, air.
Mr. Odio: I want you do know we are also working with Xtra, that's the
people's pueblo supermarkets.
Mayor Suarez: That's news, now, if we can get a supermarket - a food store in
there. -,
Mr. Odio: They are looking !.-o the city for help in finding other locations
for them in Allapattah. We're doing that. In exchange for that they are
looking into the possibility of working out something that ...
Mayor Suarez: I think the Commission consensus is that we make almost any
concession necessary to allow them to have a lease that will enable them to
make a profit and be located in there. Is that - 7
Mr. Williams: We thank you for that direction, Mr. Mayor.
Mayor Suarez: I mean, without the Commission necessarily taking a vote on the
specifics of it, you guys understand how important it is not to have food
rotting over there from the old operation, and so on.
Mr. Odio: Mayor, I talked to Commissioner Dawkins about this and the idea
that we have is to make that market in Overtown a training center that when
they train there to work in a market then they can be transferred into Xtra's
supermarkets to work on a permanent basis.
Mayor Suarez: And if there's anything we can do by personal involvement -
anyone on this Commission - I myself will go to the management; the president,
the chairman of the board of Xtra, or whatever, and entice them to get in
there.
Mr. Odio: Please do that, because ...
Mayor Suarez: Tell them how committed the city is to that.
Mrs. Kennedy: Mr. Manager, next time when we have an item that requires
policy -making decisions, don't put it in the Consent Agenda.
Ms. Macbeth: Thank you for your support.
Mayor Suarez: Call the roll on the motion as modified.
Ms. Hirai: Need a second, Mr. Mayor, to the motion.
Mrs. Kennedy: Second.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-248
A RESOLUTION IDENTIFYING THE CITY'S OBJECTIVES FOR THE
OVERTOWN SHOPPING CENTER, SPECIFYING THE RESOURCES TO
BE COMMITTED TO THE ACCOMPLISHMENT OF THESE
OBJECTIVES, AND AUTHORIZING THE CITY MANAGER TO TAKE
CERTAIN SPECIFIC ACTIONS TO ACHIEVE THESE OBJECTIVES.
(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
aud, adopted by the following vote-
21 March 13, 1987
•
•
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
15. ALLOCATE $4,000 FOR MARCH OF DIMES "WALKAMERICA"
Mayor Suarez: Luis, in connection with item 21, do you have another request
to make of the city. I understand that's the walk - "Walkamerica".
Mr. Luis Loredo: That's the "Walkamerica", March of Dimes.
Mayor Suarez: I guest what we've approved so far is what doesn't cost any
money and now you want to tell us about what costs money!
Mr. Loredo: Okay, well, yes, I am asking for item 21 which is the enclosures
of the streets and in item 49 we have certain costs that will be ...
Mayor Suarez: 21 was approved already so you've got all street closures you
need.
Mrs. Kennedy: How much money are we talking about?
Mr. Loredo: We're talking about eleven thousand. The City Manager has the
in -kind services. You know it's for the prevention of birth defects and it is
the largest fund raiser of this organization and it includes...
Mayor Suarez: The largest in the nation, you mean?
Mr. Loredo: Well, it's a national event and this is their largest event to
raise funds for the research and the prevention programs. We have already,
Mr. Mayor, Commissioner, given you credit all over, both in the applications -
185 of them - you're listed as a sponsor as well as in all our 40,000 posters,
your logo and your name has already been distributed all over the city and the
county as well as in our TV promo commercials. So I think it is a small
contribution that will go a long way to help this event that really brings
this community together. More than 8,000 walkers are expected this year and
you've been very kind in the past. We hope that you will see it in your heart
to help us again this year.
Mayor Suarez: What's the basic service that we...
Mr. Loredo: We're asking, Mr. Mayor, - the police, fire department - there is
no charge for fire department - park and recreation...
Mayor Suarez: The Fire Department - there's no charge? Was that Fire Rescue,
is that it, they're on standby?
-1 Mr. Loredo: Yes, because I think they're going to be able to handle it out of
their own - without any additional logistical strains.
Mr. Dawkins: They, who?
Mr. Loredo: The City of Miami Fire Department.
Mr. Dawkins: It's still budgeted tax dollars.
Mr. Loredo: What I'm saying - and of course the City Manager has the
answers - is that they felt they were going to do it out of their normal
shift. There is no additional ...
22 March 13, 1987
s
s:
Mr. Dawkins: No, no, no, now we're not going to do that bP^ause, you see,
when other people come up here, they don't get that special treatment. See,
the firemen have to be paid, their pension plan has to be paid, so let's put
it on the table and let's know what we're doing.
Mr. Loredo: Well, we do have it on the table.
Mr. Dawkins: I'm talking to the Manager. See, you told me the Manager told
you he going to find it in the budget.
Mr. Loredo: No, I didn't say the Manager told me.
Mr. Odio: He's not speaking for me.
Mr. Loredo: We have been meeting, Mr. Mayor, with a lot of your departments.
Mayor Suarez: On the Fire Department you were told that they could just be on
standby and that that would not require any reallocation or redeployment of
their resources. Okay.
Mr. Dawkins: Okay. They on standby - somebody falls out with a heart
attack - they going to stay on standby?
Mr. Loredo: No, sir. I think if I am understanding them correctly from my
meeting, it is that they can handle it on their normal shift, that they can
Mr. Dawkins: Who?
Mr. Loredo: The City of Miami Fire Department.
Mr. Dawkins: They can handle it on a normal shift?
Mr. Loredo: That's what they told me.
Mayor Suarez: There's no special required service from the Fire Department.
What are you hanging around over there for, Walter? Parks and Recreation - I
think they're about to ...
Mr. Dawkins: No, but you see, when Calls Ocho and everybody else come up here
and they are going to want you to stand by on an as -needed basis, you can't do
it.
Mayor Suarez: No, we have to redeploy for Calls Ocho.
Mr. Dawkins: Come on, give us a break up here.
Mr. Odio: We're still recommending against any funding. Again, I recommend
that we don't fund this. We have over two hundred city employees that will
walk and raise funds for them. I am sorry, but the city of Miami has a policy
of not funding.
Mr. Loredo: Well, the city of Miami does see fit to fund other events. I
think that this is a little bit different. I think that it is obviously a
charity that is very dear to all of us. It deals with children and children's
defects. It's a national thing. We've done very well. We've given you
enough credit and exposure already in our propaganda. I know that we do it
because you've been so helpful in the past. It goes a long way and it really
is an insignificant amount of money, considering.
Mr. Odio: But that's what we have - United Way of America, and all the
organizations that are in that type of business. The city is not.
Mr. Loredo: The March of Dimes is recognized both nationally and
internationally as the leading organization in children's disease.
Mayor Suarez: We're pretty familiar with the policy arguments. I just wanted
to see what the total cost was, - eleven thousand - get an idea of the
breakdown to see if there was any way to reduce it.
Mr. Odio: If you add the Fire Department, it should be about *14,000.
23 March 13, 1987
•
•
Mayor Suarez: Most of the eleven is police, is that - ?
Mr. Odio: No, it's two thousand for Parks, forty-five hundred for Coconut
Grove Exhibition Center, which they will use, and then -
Mayor Suarez: So we're talking about a waiver of the exhibit facility at
Coconut Grove. Do you use the inside or just the parking lot?
Mr. Loredo: We use part of the inside.
Mayor Suarez: Would it otherwise be used that day? Do we have anything else
that could be scheduled that day that it would be in conflict with that would
pay rent?
Mr. Odio: No, sir.
Mayor Suarez: You see, I have no problem with the waiver of that part of it.
I've always voted in favor of those waivers for worthy causes. The other
services, the Commission has to decide what its policy is. We've turned down
quite a few worthy organizations that needed free services from the city.
Mr. Plummer: I'll move the waiver of the auditorium.
Mrs. Kennedy: Second.
Mayor Suarez: Moved, seconded and thirded. Any discussion on that part of
the issue? None. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-249
A RESOLUTION CONCERNING THE MARCH OF DIMES
"WALKAMERICA" TO BE HELD APRIL 4, 1987; ALLOCATING AN
AMOUNT NOT TO EXCEED $4,000. FROM SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND, TO COVER THE COSTS FOR
RENTAL OF THE COCONUT GROVE EXHIBITION CENTER, PEACOCK
PARK, AND THE SHOWMOBILE; SAID ALLOCATION BEING
SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY OF MIAMI, INCLUDING THE REQUIREMENT THAT THE
SPONSOR PAY FOR ALL OTHER CITY SERVICES FURNISHED IN
CONNECTION WITH THE EVENT.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And we've established that the Fire Department can provide you
services without any additional cost and you've got some police and Parks and
Recreation expenses and I don't know if the Commission wants to take that up,
Luis. I leave that up to the Commission.
Mr. Loredo: How about the Showmobile and all those kinds of similar in -kinds
that you just approved.
Mayor Suarez: We usually give those to just about any ...
Mr. Loredo: But they're charging us over. $2,000.
24
March 13, 1987
•
•
Mayor Suarez: I'd have no problem with that. I don't know how the Commission
:_Ia. I'd have no problem with the Showmobile and all those other ...
Mr. Carollo: None whatsoever.
Mrs. Kennedy: No. If you need a motion, I so move.
Mr. Dawkins: Move it.
Mayor Suarez: Moved, seconded. Call the roll on that.
The preceding motion was introduced by Commissioner Kennedy, seconded by
Commissioner Dawkins and passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: Use of Showmobile in incorporated in R-87-249.
Mayor Suarez: Do you want to give up now?
Mr. Loredo: I think you're giving me a cue! I see J.L. looking at me that I
should move on. We appreciate what you've done in the past and, like I said,
you got enough credit even before we came here in all our literature. And we
know and respect your fiscal problems. It is, you know, a unique situation.
We're happy with what you've given us and appreciate it.
Mayor Suarez: Thank you, Luis.
Mr. Carollo: Good seeing you again, Luis.
Mayor Suarez: Somebody who knows when to leave!
NOTE FOR THE RECORD: At this point, Commissioner Carollo requests the City
Clerk to show him voting yes on item 12, R-87-247.
16. EMERGENCY ORDINANCE: DEFINE RESIDENTIAL UNIT TO INCLUDE A STRUCTURE
MODIFIED OR ADOPTED FOR RESIDENTIAL USE AND FOR GARBAGE COLLECTION
PURPOSES, A STRUCTURE CONTAINING TWO OR FEWER RESIDENTIAL UNITS.
Mayor Suarez: Item 22. Emergency Ordinance.
Mr. Carollo: Excuse me, Mr. Mayor, we have the ministers here on item 54 that
have been waiting, if we could just briefly take that up.
Mayor Suarez: Okay, we'll take up item 54.
Mr. Carollo: Item 54. I think they just stepped outside for a second. Maybe
they're in Miller's office.
Mayor Suarez: Okay, we'll get to that. Item 22. Do we have a City Attorney?
Mrs. Dougherty: Yes, sir, Mr. Mayor. This is a religious activity that we
are not permitted to fund in any way.
25 March 13, 1987
s
Mayor Suarez: No, I'm sorry. On item 22, Madam City Attorney.
Mr" 'rhjs is a housekeeping ordinance, Mr. Mayor, that would bring
two sections of our City Code into conformance and we recommend it in the City
Manager and Finance ...
Mr. Plummer: What does it do?
Mrs. Dougherty: What it does is define a multifamily structure as something
over two so that you don't have duplexes or single family residences are not
included.
Mr. Plummer: Over two people or two units?
Mrs. Dougherty: Two units.
Mr. Plummer: Is this going to be for Code enforcement purposes?
g Mrs. Dougherty: No, this is for collection purposes for the Finance
Department. —
Mr. Plummer: Okay, we don't have four votes here, do we? Yeah, they're here.
I move it.
Mrs. Dougherty: This is an emergency Ordinance amending section 22-1(z) of
the Code ...
Mr. Plummer: Wait a minute, you don't have a second yet, do you?
Mr. Dawkins: Second, under discussion. What is the dimensions of a single
lot on page 2.
Mr. Plummer: A single lot?
Mr. Dawkins: Is that 50 by 100 or 100 by 50?
Mayor Suarez: Is that the classic minimum lot size - 50 by 100?
Mr. Dawkins: See, it says here ...
Mr. Plummer: (off mike) I think we went down to 40 by 60 or 40 by 50. We
did that because of the expressways.
Mr. Dawkins: ... "triplex, cluster house, townhouse, or multiple family
apartment building containing two or fewer residential units which is located
on a single lot, parcel or tract of land." What is a single lot?
Mr. Plummer: Well, you got your minimum standards - minimum, I think ... We
reduced that because of expressway problems making a lot of small lots. As I
recall, from 50 by 100, we reduced it down to 40 by 60.
Mrs. Daugherty: About 6,000 sq. ft.
Mr. Plummer: About 6,000 sq. ft. That's minimum. A single lot could be
anything above that.
Mr. Dawkins: Okay, but the minimum is 6,000 sq. ft.
Mr. Plummer: Yeah.
Mayor Suarez: Forty by sixty would not be 6,000 sq. ft.
Mr. Plummer: (off mike) Wasn't it forty by ...? What did we reduce it ... ?
Mrs. Dougherty: (off mike) I don't remember. Six thousand square feet is a
minimum lot size.
Mayor Suarez: Mathematics aside, we're probably talking about the same thing.
Any further discussion on this item? Does anyone wish to be heard from the
general public on this item? It doesn't seem to be controversial. Do we have
a motion and second?
26 March 13, 1987
0
Mr. Plummer: Yes.
_ ^ ^' ..i th; Ordinance.
...
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 22-1(z) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
THEREBY PROVIDING THAT THE DEFINITION OF A RESIDENTIAL
UNIT INCLUDE A STRUCTURE MODIFIED OR ADOPTED FOR
RESIDENTIAL USE AND PROVIDING THAT, FOR PURPOSES OF
MUNICIPAL GARBAGE COLLECTION, A STRUCTURE CONTAINING
TWO (2) OR FEWER RESIDENTIAL UNITS THEREIN BE
CONSIDERED A RESIDENTIAL UNIT; 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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 10232.
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.
-------------------- ------------ ----------- ------------ ---------------------
17. ALLOCATE $5,000 FOR ANTI -DRUG PROGRAM AT ORANGE BOWL BY THE BAPTIST
MINISTERS COUNCIL
Mayor Suarez: Are we ready on item 54, now?
Mr. Carollo: Item 54, now, can we take it?
Mayor Suarez: Yes, proceed. As long as you don't try to convince me that
Willy Simms is a reverend!
Mr. Dawkins: They're trying to save him!
Mr. Plummer: It'll take more than this mouth!
Mr. Dawkins: (off mike) Who's going to be the speaker, Joe? Call the
speaker.
27 March 13, 1987
0
Mr. Carollo: If we could get the main speaker that's going to represent the
group to come up, please. Thank you. If we could get your name and address,
siL.
Rev. Winston W. Rudolph, Sr.: I'm Winston W. Rudolph, Sr., 301 N.W. 9th
Street, 33136. Mr. Mayor and Commissioners, I am here today for the express
purpose concerning the use of the Orange Bowl for the General Baptist State
Convention and to specifically request of you to allow us the utilization of
the facility on an in -kind basis. What we propose to do is to invite, via the
General Baptist State Convention, all persons in the city of Miami to
participate in a "Christ Alive" activity recognizing that the moral fiber in
this city, as is in many other cities, is on the decline and what we want to
do is to try and bring every facet of the community together to do something
that will give strength to keep our jails less clustered and crowded and,
hopefully, to leave an impact on this city that will say that the General
Baptist State Convention has done something in the affirmative to make certain
that we cannot have all the kinds of headaches that we have had heretofore and
while it is not the absolute answer to all of our problems, we think that it
is a reasonable beginning. And, therefore, we plead with you to allow us to
use the Orange Bowl on an in -kind basis for this specific activity.
Mr. Plummer: How many people are you expecting?
Rev. Rudolph: We are expecting at least 30,000 people.
Mrs. Kennedy: Madam City Attorney, this is a religious organization. Is
there a conflict between church and state?
Mrs. Dougherty: Yes, ma'am. The city is not permitted to grant funds or to
waive fees for a religious event. It must have a secular or legislative
purpose and not a religious purpose. This same organization on August 17,
1983, was the subject of a legal opinion by Jose Garcia Pedrosa - an extensive
one, which I'll pass out to you, that confirms that legal opinion.
Mr. Dawkins: Madam City Attorney.
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: When the Pope comes in September and they are desirous of
holding a prayer vigil in the Orange Bowl, we cannot waive the fees for that,
either?
Mrs. Dougherty: Correct.
Mr. Plummer: No, you're wrong. Excuse me. Don't pick on me because I'm
Catholic. It is not because -
Mr. Dawkins: I will. I'm a Baptist and that's why I'm speaking up for the
Baptists.
Mr. Plummer: Okay. First of all, they are not asking for the Orange Bowl -
it's going to be held at Tamiami Park.
Mr. Dawkins: No, no, wait now, J.L. Sister whoever -she -is wants the Orange
Bowl.
Mayor Suarez: I think Sister Jean O'Laughlin is planning a function at the
Orange Bowl.
Mr. Odio: She will have to pay.
Mayor Suarez: She's been told she will have to pay. Unless you want to pay,
Commissioner.
Mr. Plummer: What I was speaking to, which was brought out to us the other
night at the dinner, remember the Pope is not only the head of the Catholic
church but he is coming here as a Head of State. There's a difference.
Mayor Suarez: Right, but he won't be at that function. It's going to be a
prayer function and ...
28 March 13, 1907
0
Mr. Dawkins: But it will still be a religious function. I don't care if it's
Jesus, it's a religious function.
Mayor Suarez: Yeah, that they'll have to pay for.
Mr. Carollo: Miller, when Jesus comes again, you'd better be ready.
Mr. Dawkins: I won't be here.
Mr. Carollo: That's the last calling!
Mr. Plummer: All right, Madam City Attorney, you say that the purpose has got
to be secular.
Mrs. Dougherty: Excuse me, sir?
Mr. Plummer: You may that the purpose is not religious, it's secular?
Mrs. Dougherty: It must be secular and not religious.
Mr. Plummer: All right, what is the secular purpose? Give me an example.
Mayor Suarez: An appeal on the issue of drugs to our young people which has
all kinds of philosophical ...
Mr. Plummer: Isn't that going to be the theme: that the drug situation is
going to be addressed and that is the ...
Rev. Rudolph: The explicit purpose ...
Mr. Plummer: Reverend, you do your confessional and let me do my politics.
Rev. Rudolph: I'm going to let you do it, J.L.
Mr. Plummer: Madam City Attorney, if this was to be a motivation with the
primary purpose being for the addressing of the drug problem, would that be in
the realm of the secular qualification?
Mrs. Dougherty: If it was solely for the drug purpose and not for the
advancement of religion, yes.
Mr. Plummer: Well, I think that there is no question that these gentlemen
have said that that is what they are going to be primarily doing and that it
is, in fact, addressing one of the main concerns of this community and who
better can do it than these people here who are qualified in that area. And I
think, Reverend, you did say that that was going to be the real motive.
Rev. Rudolph: Decidedly.
Mr. Carollo: That's the bottom line of their meeting.
Mr. Plummer: And as such, Mr. Carollo, I will second your motion, that I'm
sure we all want to fight drugs.
Mr. Carollo: So moved.
Mr. Plummer: And I second.
Mayor Suarez: So moved and seconded. I take it, Madam City Attorney, for it
to be legal that it would have to be sponsored by a nonprofit entity that is
not religious.
Rev. Rudolph: Nonprofit.
Mr. Dawkins: Okay, my fraternity will sponsor it.
Mayor Suarez: Is that an additional requirement?
Mrs. Dougherty: Yes, air. I might tell you, for your information, that in
New York City they went to court and the city of New York was not permitted to
pay or promote or build an altar in the park with public funds, for the Pope.
29
March 13, 1987
M
Mr. Dawkins: What you're saying, Madam City Attorney, is here come Pat
Keller!
Mr. Plummer: That's every day for everything.
Mr. Carollo: Madam City Attorney, if there are any atheists out there that
would like to challenge us on this, so be it, but we're going to go ahead and
approve it.
Mr. Plummer: Well, I don't think even atheists are against fighting drugs.
Mrs. Kennedy: That's right.
Mayor Suarez: Can we build into the motion that the mover accept that a
nonprofit but nonreligious entity be the official sponsor?
Mr. Plummer: As far as the use of that, I think the reverends can take care
of that.
Rev. Rudolph: We can solve that.
Mr. Plummer: I'm sure.
Rev. Rudolph: No problem.
Mr. Plummer: Make it understood that this nonprofit entity ... that what
we're actually doing, Reverend, so you don't misunderstand, is that we're
waiving the fees, not the expenses. There are expenses involved, but we're
waiving all of the rental expenses for you.
Rev. Rudolph: Could we have, at some point, an itemization of those expenses
that will be related?
Mr. Plummer: You bet they going to give you that! They'll do that a lot
quicker than other things.
Rev. Rudolph: You're very gracious.
Mayor Suarez: Any further discussion? Call the roll on the motion, as
modified, as amended.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-250
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $5,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
TO COVER THE COST OF THE RENTAL OF THE MIAMI ORANGE
BOWL STADIUM ON APRIL 10, 1987, FOR AN ANTI -DRUG
PROGRAM TO BE PRESENTED AT SAID STADIUM; SAID
ALLOCATION BEING SUBJECT TO AND CONTINGENT UPON
COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY
BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING THE
REQUIREMENT THAT TFX OFFICIAL SPONSOR BE A NON-PROFIT,
NON -RELIGIOUS ENTITY AND RECEIPT OF PAYMENT FOR ALL
OTHER CITY SERVICES REQUIRED IN CONNECTION WITH SAID
PROGRAM.
(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-
30 March 13, 1987
•
f
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kenned;
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Go away and sin no more!
Mayor Suarez: Willie, you've been very eloquent today.
Mr. Carollo: We'll be there that day.
Rev. Rudolph: Bless you!
18. EMERGENCY ORDINANCE: INCREASE RESOURCES AND ArrxwrnLaLLuna run reana.
DEVELOPMENT FUND"
Mayor Suarez: Item 23.
Mr. Odio: This is an ordinance increasing resources and appropriations in the
amount of 16,000. This is for private donations. On November 16, 1983, we
started a special revenue fund, entitled: "Park Development Fund", which was
established to provide a perpetual revenue fund accounting to which private
donations were to be deposited and from which appropriations made on an
ongoing basis for park development.
Mr. Plummer: Always nice to accept money. I so move.
Mayor Suarez: We're happy to accept it. Moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 9743, ADOPTED NOVEMBER 16, 1983, AS AMENDED, WHICH
ESTABLISHED A NEW SPECIAL REVENUE FUND ENTITLED "PARK
DEVELOPMENT FUND", BY INCREASING RESOURCES AND
APPROPRIATIONS IN THE AMOUNT OF $16,000 COMPOSED OF
PRIVATE DONATIONS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote-
31 March 13, 1987
•
•
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10233.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
19. EMERGENCY ORDINANCE: MODIFY APPROPRIATIONS TO CONFORM WITH THE
REORGANIZATIONAL ORDINANCE - ELIMINATE DEPARTMENT OF PLANNING AND ZONING
BOARDS ADMINISTRATION, INCREASE APPROPRIATIONS FOR BUILDING AND ZONING
DEPARTMENT AND SPECIAL PROGRAMS AND ACCOUNTS
Mayor Suarez: Item 24.
Mr. Odio: This is an accounting purposes. This is reflecting the changes
made.
Mr. Plummer: I move it.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved and seconded. Any discussion?
Mr. Plummer: Mr. Manager, the reason for the emergency - ?
Mr. Odio: - Is that it was left out ...
Mr. Plummer: Thank you, sir.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF
ORDINANCE NO. 10150 ADOPTED SEPTEMBER 25, 1986, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1987, BY MAKING CHANGES TO SAID
ANNUAL APPROPRIATIONS ORDINANCE AS A RESULT OF A
REORGANIZATIONAL ORDINANCE ADOPTED BY THE CITY
COMMISSION AT ITS NOVEMBER 25, 1986 CITY COMMISSION
MEETING: ORDINANCE NO. 10184; ELIMINATING THE
APPROPRIATION FOR THE DEPARTMENT OF PLANNING AND
ZONING BOARDS ADMINISTRATION, INCREASING THE
APPROPRIATIONS AND REVENUES FOR THE BUILDING AND
ZONING DEPARTMENT, AND INCREASING THE APPROPRIATION
FOR SPECIAL PROGRAMS AND ACCOUNTS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensipg with the
requirement of reading same on two separate days, which was agreed to by the
following vote-
32 March 13, 1987
•
•
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10234_
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: Mr. Manager, I read this and I'm not going to bother with it,
but it's vague, very vague.
Mr. Odio: Yes, sir.
Mr. Dawkins: It's very vague, I mean, I need to sit down with somebody later
on and let them ...
Mr. Odio: I'll have the Director of Management and Budget meet with you.
Mr. Dawkins: Okay, thank you.
20. SECOND READING ORDINANCE: PAYMENT OF APPRAISAL OF PROPERTY FOR
DEVELOPMENT OF A 250,000 SQUARE FOOT BUILDING FOR LEASE TO THE UNITED
STATES GENERAL SERVICES ADMINISTRATION
Mayor Suarez: Item 25.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Second reading of the
ordinance. Please read the ordinance.
Mr. Plummer: Let the record reflect that Commissioner Carollo and I insisted,
and still, I am sure, that if, for whatever reason, the G.S.A. of the federal
government backs out, they will reimburse this city for fees and expenses that
have been extended in their behalf.
Mr. Odio: Commissioner, we have included in the agreement.
Mr. Plummer: I just want it again in the record, that's all.
Mr. Dawkins: And this is not with no A.I.A. appraisal. Right?
Mr. Odio: Yes, sir.
33 March 13, 1987
Mr. Dawkins: Because the A.I.A. got no Black folks in it. Or no Cubans,
okay?
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE
NO. 10150, ADOPTED SEPTEMBER 25, 1986, AS AMENDED, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1987, ARE HEREBY FURTHER AMENDED,
BY INCREASING THE APPROPRIATIONS IN THE ENTERPRISE
FUND, PROPERTY AND LEASE MANAGEMENT ENTERPRISE FUND IN
THE PROPOSED AMOUNT OF $14,900 FOR THE PURPOSE OF
PAYING APPRAISAL FEES, IN CONNECTION WITH THE CITY'S
POSSIBLE ACQUISITION OF PROPERTY FOR DEVELOPMENT OF A
250,000 SQUARE FOOT BUILDING FOR LEASE TO THE UNITED
STATES GENERAL SERVICES ADMINISTRATION, REVENUE IN THE
LIKE AMOUNT BEING AVAILABLE FROM PROPERTY AND LEASE
MANAGEMENT'S 1985-1986 RETAINED EARNINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of 12 February,
1987, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10235.
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.
21. SECOND READING ORDINANCE: ESTABLISH FUND "RECREATION ACTIVITY 1986-87"
AND APPROPRIATING $100,000 FROM PARTICIPATION FEES
Mayor Suarez: Item 26.
Mrs. Kennedy: Move it.
Mr. Plummer: Second.
Mayor Suarez: Moved, seconded. Second reading of the ordinance. What is the
general nature of the expenditures from this fund, Mr. City Manager?
Recreational activity 1986-87 - what kinds of things will be funded with that?
Mr. Odio: This is the establishment - to provide field trips, uniforms,
special supplies and picnics for participants who have paid fees for special
programs.
Mayor Suarez: So we are talking basically an accounting ...
Mr. Odio: These programs include senior citizens programs, summer camps,
after school programs, baseball, scuba, and basketball programs that we have.
Mayor Suarez: And it's totally covered by the fees?
34 March 13, 1987
r.]
Mr. Odio: Yes.
Mayor Suarez: So it's a self-supporting program?
Mr. Odio: Yes, air.
Mayor Suarez: Call the roll. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND
ENTITLED "RECREATION ACTIVITY 1986-87"1 AND
APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF
$100,000 COMPOSED OF REVENUES COLLECTED FROM
PARTICIPATION FEES, CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of 12 February, 1987, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Kennedy, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10236.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
22. SECOND READING ORDINANCE: FEE FOR OFF -DUTY FIRE -RESCUE PERSONNEL;
INSURANCE FOR TORT LIABILITY AND WORKERS COMPENSATION FOR OFF -DUTY FIRE -
RESCUE PERSONNEL
Mayor Suarez: Item 27.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: This is the "Colonel Duke relief bill".
Mayor Suarez: It's not the "Colonel Duke for City Manager relief fund", is
it?
Mr. Plummer: Read the ordinance.
Mayor Suarez: Any discussion of item 27? Do we a motion and a second, Madam
City Clerk?
Mr. Plummer: Yes.
Mayor Suarez: Read the ordinance - second reading.
35
March 13, 1987
El
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 19 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING SECTION
19-15 ENTITLED SPECIAL OFF -DUTY FIRE -RESCUE SERVICES,
TO PROVIDE THAT A FEE BE COLLECTED BY THE CITY IN ITS
ADMINISTRATION OF THE PROGRAM WHEREBY EXCEPTIONAL AND
NONROUTINE SERVICES OF OFF -DUTY FIRE -RESCUE PERSONNEL
ARE ASSIGNED BY THE CITY AND PROVIDED TO PERSONS OR
BUSINESSES REQUESTING THE SAME; FURTHER RECOGNIZING BY
THE HEREIN AMENDMENT THE CITY'S ON -GOING
RESPONSIBILITY TO ITS EMPLOYEES BY PROVIDING SELF-
INSURANCE COVERAGE FOR TORT LIABILITY AND WORKERS
COMPENSATION CLAIMS ARISING OUT OF AND IN THE COURSE
AND SCOPE OF SUCH OFF -DUTY FIRE RESCUE PERSONNEL'S
PERFORMANCE OF FIRE -SAFETY -DUTIES DURING THE PERIOD OF
SUCH ASSIGNMENT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of 12 February,
1987, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10237.
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.
23. SECOND READING ORDINANCE: FEES FOR CITY GOLF COURSES
Mayor Suarez: Item 28.
Mrs. Kennedy: Move 28.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Second reading - green fees for various
golf courses in the city. Any discussion? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING SUBSECTION (A)(1) OF SECTION 30-
53, ENTITLED "GREEN FEES", SUBSECTIONS (A)(1)(a) AND
(b) OF SECTION 30-54, ENTITLED "CART FEES", AND
SUBSECTION (a) OF SECTION 30-55, ENTITLED "SPECIAL
RATES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY REVISING THE FEE SCHEDULES FOR CITY OF
MIAMI GOLF COURSES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of 12 February,
1987, vas taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote-
36 March 13, 1987
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AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10238_
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Plummer: Mr. Manager, I've noted with other municipalities have looked
into the potential of having private companies come in and run golf courses
that has been very beneficial to those municipalities. Have you considered
that, sir?
Mr. Odio: We have been looking into it. We are considering that. I want you
to know that for the first time the golf courses are in the black at this
moment.
Mr. Plummer: Okay, but, here again, can it better serve the public if, in
fact, private companies were to run it and if you're looking into it, I'll
wait for an answer at a later date.
Mr. Odio: We are looking into it.
24. SECOND READING ORDINANCE: TAXATION - WATER SERVICE
Mayor Suarez: Item 29.
Mr. Plummer: I move it.
Mrs. Kennedy: I second it.
Mayor Suarez: Moved and seconded. I gather this is a terminology change.
Mr. Odio: What this will do is, we're making sure that chilled and/or heated
water are included so that there's no doubt that we can then get paid our
public service taxes. So, we don't want anyone to use the word "water" and
say: "no, no, all we are doing is transmitting water". If it's water that is
chilled we get taxes for it.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 55 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"TAXATION", BY AMENDING SECTION 55-11, ENTITLED
"DEFINITIONS", BY ADDING LANGUAGE TO THE PARAGRAPH �
DEFINING THE TERM "WATER SERVICE"; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of 12 February 1987,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote-
37 March 13, 1987
U
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
rnmmissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10239.
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.
-----------------------------------------------------------------------------
25. SECOND READING ORDINANCE: ESTABLISH NEW FUND: "1987 DANCE PROGRAM"
CONSISTING OF GRANT FROM DADE COUNTY COUNCIL OF ARTS AND SCIENCES
Mrs. Kennedy: Move 30.
Mr. Dawkins: Second.
Mayor Suarez: Item 30 moved and seconded. Second reading of the ordinance.
Mr. Dawkins: Under discussion. Where will these programs be held? At the
parks, or where? That's all right, get that to me; get it to ell of us, so
we'll all know.
Mayor Suarez: The specification of where exactly and when the programs take
place. Okay, with that proviso, we have a motion and a second. Any further
discussion? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW REVENUE FUND ENTITLED
1987 DANCE PROGRAM IN THE AMOUNT OF $12,900 CONSISTING
OF A GRANT FROM THE DADE COUNTY COUNCIL OF ARTS AND
SCIENCES FOR THE AMOUNT OF $6,450 AND A CASH MATCH OF
$6,450 FROM AVAILABLE FUNDS IN THE FY 1987 GENERAL
FUND BUDGET, SPECIAL PROGRAMS AND ACCOUNTS, MATCHING
FUND FOR GRANTS TO SPONSOR A SERIES OF DANCE
PERFORMANCES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of 12 February,
1987, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10240_
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.
-I
38 March 13, 1987
------------------------------------------------------------------------------
JRDI11ANCE: AUTHORIZE CITY MANAGER TO PERMIT SALE OF
ALCOHOL IN SOFT CONTAINERS IN CERTAIN PARKS ON SPECIAL OCCASIONS
Mayor Suarez: Item 31 - second reading of the ordinance giving the City
Manager ...
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: What is this, now?
Mayor Suarez: Second reading of the ordinance that gives the City Manager the
authority to permit....
Mr. Dawkins: Joe seconds.
Mayor Suarez:..... sale of beer and wine in city parks that were not included
in the other resolution that we passed, or ordinance that we passed, that had
the same effect, if I remember correctly, on a more limited basis.
Mr. Odio: And it does include a fee of $300 a day permit that will apply only
when the beer and wine is dispensed at no charge, and also a deposit will be
required to hire an off -duty police officer when they ...
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 38-49.1 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SPECIAL EVENT WINE/BEER PERMIT FOR PROGRAMS IN CITY
PARKS", BY AUTHORIZING THE CITY MANAGER TO PERMIT THE
SALE OR DISPENSING OF BEER AND/OR WINE IN SOFT
CONTAINERS IN ADDITIONAL CITY PARKS ON SPECIAL
OCCASIONS AND FOR SPECIAL EVENTS OR PROGRAMS WITHIN
PRESCRIBED LIMITATIONS; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of 12 February,
1987, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Carollo, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10241.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
DURING ROLL CALL:
Mr. Plummer: Let my negative vote reflect that it is just a reminder to the
City Manager that Mere going to be watching that this thing doesn't get out
of hand and I'm going to vote "no" with that stipulation.
39 March 13, 1987
27. FI"` ^"" ..`" FUNDING SOURCE OF "ORANGE BOWL STADIUM -
ACQUISITION OF MIAMI BOARD OF REALTOR'$ PROPERTY" FROM DADE COUNTY RESORT
TAX TO THE CAPITAL IMPROVEMENT FUND- FUND BALANCE
------------------------------------------------------------------------------
Mayor Suarez: Item 32. First reading.
Mr. Dawkins: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved, seconded. Under discussion.
Mr. Dawkins: (OFF MIKE) Under discussion, the Capital Improvement Fund, you
say will be retained from Metro Dade tax collection. Is that
true?
Mr. Odlo: Yes sir, that's the fed tax.
Mr. Dawkins: (OFF MIKE) We know we're going to have that kind of money.
Mr. Odio: Yes sir. This building was bought in 1984.
Mr. Plummer: Mr. Manager, the contract which we presently have is for one
year. Now, as you're well aware, that's a renewable contract at the end of, I
think it's October. Under the present conditions there's more than adequate
funds there to do what you're proposing. I'm questionable in the area if, in
fact, that present contract is not renewed, where are we?
Mr. Odio: We're entitled to the twenty percent bed tax. That was passed by
the voters of Miami for the Orange Bowl and for any related activities.
Mr. Plummer: Mr. Manager, I fought that good fight and lost. I was told that
at any time a ruling by the County Attorney that five votes of the Metro
Commission, or the majority vote, that they could change that.
Mr. Odio: That is correct.
Mr. Plummer: All right. Now, I'm only waving a flag of caution that under
the present proposal, Commissioner Dawkins, there is more than adequate funds.
How long does this thing run? Have we got enough in reserve to bank this
entirely?
Mr. Odio: No. We're counting on future tax resource, not - we don't have -
but, Commissioner, I have been assured by the County Manager that they are not
going to go against it.
Mr. Dawkins: He doesn't vote, though, but the County Manager doesn't vote,
Mr. Manager.
Mr. Odio: I know, but, you know -
Mr. Plummer: Well, I think we got a relatively safe position, but when you
asked the question "is it guaranteed?" is when I had to speak. It is not
guaranteed.
Mr. Odio: I am sure that Commissioner Plummer, with his influence, in that
Board will make sure that we don't lose those funds.
Mr. Dawkins: With that proviso, I'll vote for it.
Mr. Plummer: Thanks. Me and my big mouth!
Mayor Suarez: Do we have a motion and second, Madam City Clerk?
Mrs. Kennedy; Yes, I second.
Mayor Suarez: Read the ordinance.
40 March 13, 1987
AN ORDINANCE ENTITLED -
AN nRnTNAWr'v eMcunT9r 0rrMTn*1 : OF ORDINANCE NO.
10187, ADOPTED DECEMBER 11, 1986, THE CAPITAL
IMPROVEMENT APPROPRIATIONS ORDINANCE, BY CHANGING THE
FUNDING SOURCE OF THE CAPITAL IMPROVEMENT PROJECT
ENTITLED "ORANGE BOWL STADIUM - ACQUISITION OF MIAMI
BOARD OF REALTOR'S PROPERTY", PROJECT NO. 404039, FROM
THE METRO-DADE COUNTY RESORT TAX TO THE CAPITAL
IMPROVEMENT FUND - FUND BALANCE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr. -
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: Although absent during roll call, Commissioner Carollo
requested of the Clerk to show him voting for the motiom.
28. (A) DISCUSSION REGARDING INCREASING FEES FOR USE OF CITY DAY CARE
FACILITIES. (B) DISCUSSION REGARDING PROJECTED 5-YEAR BUDGET.
Mayor Suarez: Item 33 has been withdrawn by the Administration?
Mr. Odio: Withdrawn, yes.
Mr. Plummer: Why?
Mr. Odio: We need to look at that again.
Mr. Plummer: Well, I'm going to remind you that that's to be self-sustaining.
Mr. Odio: We're trying, Commissioner, we'll bring it back on March 31st.
Mr. Plummer: Okay, all right.
Mrs. Kennedy: I'm glad that it was deferred because I'm also working on the
fee schedule and I need more time. Are we bringing it back in two weeks?
Mr. Odio: Yes. If, I may say something, Mr. Mayor, I will be sending you a
memo on Monday - I don't think we've done that before - that I would want you,
Commission and the Mayor, to participate in our budget process by giving us a
list of your priorities as far as funding is concerned. You will be receiving
a memo Monday or Tuesday for that fact. I want to close the budget on May
let, if I can, so I would appreciate it if we can incorporate your needs into
the budget before we prepare the budget - not after the fact.
Mr. Plummer: Well, Mr. Manager, I'm going to tell you one of the things that
I think is very, very...
INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: ..... I understand, but let me tell you - I'm going to tell you
right today, and I think Commissioner Carollo was the one that brought up, and
I wholeheartedly agree that this city has got to have a five-year projected
41 March 13, 1987
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i
•
i
budge'.. We can no longer continue to operate as a small city. We've got to
have those long range projections and, whatever the cost factor is going to
be, I want it in this year's budget to make surf that it is a reality.
Mr. Odio: Yes, sir, we are working on the five-year plan. We need that. But
I think what I'm saying is that we need to know beforehand what your
priorities are so that we can incorporate them up front and then decide which
z
doesn't get funded.
Mr. Plummer: Just set aside a million dollars. Weil find something.
Mr. Odio: I'm sure you will.
29. FIRST READING ORDINANCE: CHANGE RATE SCHEDULE FOR USE AND SERVICES OF THE
MIAMI CONVENTION CENTER
Mayor Suarez: Item 34.
Mr. Plummer: For the record, I'm going to move it, Mr. Mayor. If there's a
second, then under discussion.
Mr. Dawkins: I'll second under discussion.
Mr. Plummer: Under discussion. I was very upset until I found out that this
is not the Auditorium. This is, in fact, the meeting rooms, and my first
question and what I want on the record is that this does and still keeps us in
a competitive posture with other like facilities.
Mr. Odio: For the record, yes, it does.
Mr. Plummer: Thank you, sir.
Mr. Odio: And we are incorporating some areas of the building that have never
had a rate schedule that we are going to start charging fees for.
Mr. Dawkins: But how could we be competitive if the Miami airport, for a room
21 by 27 feet, charge $125 daily and the Orchard Room that we got is 32 by
21, which is almost the same square footage, we only charging $70?
Mr. Odio: Those meeting rooms are tied to the main auditorium and to the
hotel use. We still could raise even more, if that's what you're saying.
Mr. Dawkins: In the Brickell they charge $100 and we're not charging but
sixty. Why?
Mr. Odio: Because the meeting rooms are tied to the main ...
Mr. Plummer: 'Cos we're hurting!
Mr. Dawkins: Oh, we're hurting. Are we trying ... Okay, that's good enough.
That's fine.
Mr. Odio: I'm sure, Commissioner, that once we have the flat space finalized
where the stores are that those fees will go up substantially to most -
because then we would have the facility we need to have to be able to use
those meeting rooms which we can't use now.
Mr. Plummer: Mr. Manager, if you keep talking, I'm going to withdraw my
motion.
Mr. Odio: No, I won't.
Mayor Suarez: We have a motion. Do we have a second?
Mr. Carollo: Second.
Mayor Suarez: Seconded. Any further discussion? Any further commentary from
the City Manager? Absolutely not? Call the roll.
42 March 13, 1987
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.
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
30. A- DISCUSSION CONCERNING WALK THROUGH THE GROVE ORGANIZED BY STUART
SORG/COCONUT GROVE CHAMBER OF COMMERCE
S B- ALLOCATE $3,500 FOR WELCCMING ACTIVITIES FOR THE U.S. NAVAL VESSEL
U.S.S. SARATOGA
Mr. Carollo: If I may, Mr. Mayor, Stuart Sorg has a request to make and he
has an emergency because he has a plane to catch.
Mayor Suarez: Not a hydrofoil to catch?
Mr. Stuart Sorg: Stuart Sorg, President of the Coconut Grove Chamber of
Commerce. Let me first, Mr. Mayor, before I do this -
Mrs. Kennedy: Excuse me, sir, what item are you on?
Mr. Sorg: This is an emergency item. If you remember at the last City
Commission meeting, the Commission agreed on Monday to walk through the Grove
with the Chamber of Commerce in the afternoon. The police want to know if
they are going to provide an escort and the media wants to come. Could we do
it at three o'clock?
Mr. Plummer: It's all right with me because I'll be out of the country.
Mayor Suarez: What's the date again, Stuart?
Mr. Sorg: Next Monday, because we have the Town Meeting here Monday night at
six o'clock when everybody from the Grove is coming. You'd better stay.
Mr. Plummer: I'm sorry.
Mayor Suarez: Sounds good to me - three o'clock.
Mr. Sorg: Commissioners - is that all right with you?
Mayor Suarez: I guess J.L. won't be here either way, so -
Mr. Carollo: Are you going on the Guatemala trip?
Mr. Plummer: No.
43 March 13, 1987
t
Z
Mr. Carollo: By the way, Xavier, I appreciate you thinking of me all the way
from Israel and calling your aide to make sure that I be the only Commissioner
up to that point that was invited to go along to Guatemala, but I deferred the
invitation to your good friend, Jorge Mas. 1 think he'll do well in
representing us.
Mr. Sorg: Just a quick answer about the hydrofoil - the funding package has
gone down. We'll know on Wednesday whether we get the money.. If we get it,
the hydrofoil will start being reconstructed on Thursday and, hopefully, in
sixty days it will be running. As you know, the aircraft carrier "Saratoga"
comes in on the 2nd and there's a cocktail party planned for the officers.
Nothing is being done for the enlisted men. We have 3,500 sailors that are
coming and the Coconut Grove Chamber of Commerce, working with the U.S.O.
(United Service Organization) would like to do something for them at Peacock
Park - some type of a concert. At that time we will announce the Saratoga's
"Enlisted Man of the Year" and bring the Captain also just to speak briefly to
the people of the city. What I have asked Commissioner Carollo is if we could
ask the city for $2,500 for the concert fee. If it's less than that, that's
fine, whatever the cost is, no more. And then, maybe, up to $1,000 for
cocktails or something we could do -
Mr. Plummer: No, no, no, no. If you're speaking about an attitude adjustment
period - but not cocktails. No.
Mr. Sorg: Fine.
Mr. Odio: May I ask why, if we are bringing - how many sailors? -
Mr. Sorg: Three thousand five hundred.
Mr. Odio: Why can't the merchants which should be very happy that this is
happening do that - not the taxpayer?
Mr. Sorg: Well, because the merchants are going to benefit and I think it's a
city responsibility, which it is, to bring the ship in here. We're asking for
so little and I think this is probably the most important event we have,
bringing this carrier here.
Mr. Carollo: I agree that as far as that type of work and activity, this is
the most major event we're having. It's the first time we're getting an
aircraft carrier.
Mr. Sorg: This is a onetime event, anyway.
Mr. Carollo: I hope they get a real good look at Watson Island on the way,
but the full amount of money, Stuart, that it is estimated they're going to be
spending in Miami during the time they are here is how much?
Mr. Sorg: They estimate about a million and five a day - they're going to be
here for four days - that's about $7 million will come into the city.
Mr. Carollo: So that's the estimate - that they will spend - the city's going
to benefit in approximately seven million dollars worth during the time they
are going to be here?
Mr. Sorg: Yes, sir. That's a navy estimate.
Mr. Carollo: I think if we want to make a good impression on the navy to keep
sending further ships to Miami, once they send a flagship like this, I think
the investment is vaiy small for this city to make to make sure that this will
be the best success that it possibly could be.
Mrs. Kennedy: I agree with that, but my only concern, Stuart, is that then
every time we get a ship you would be asking us for $2,500.
Mr. Sorg: No, No.
Mr. Plummer: Is that a bad deal? I ask that question - if these people -
Mrs. Kennedy: It depends on how often.
44 March 13, 1907
0 0
Mr. Plummer: Here's the point I want to make. If these people are going to
be bringing into the economy - cut in half what they estimate - three and a
half million dollars. If they're bringing in a million doi4aLss a_ As v"t aL
line for this city to put up $5,000 to bring in three and a half million
dollars? I don't think that's out of line. God knows, Commissioner, I'm
not - I'm just asking the question. We spend literally thousands of dollars
to bring conventions to this community who don't spend like sailors. We all
know the history of how they spend and I just don't think it's out of line
that this city should go after that type of revenue that is estimated by Ft.
Lauderdale, because that's been their: primary call port, that they bring into
the city of Ft. Lauderdale coffers eighty million dollars a year.
Mr. Sorg: That was in 1981, Commissioner.
Mr. Plummer: Well, hey, Stuart - you want to quibble for five million
dollars? I'm not going to quibble. I just - you know, maybe I'm wrong, but I
look at it from a business sense that says I'm wondering if $2,500 will do it
in a first class manner to make others want to come back here. Maybe I'm all
wrong, but I don't think it's out of line at all. I think we ought to
consider, if they're going to be here four days, have one concert in Coconut
Grove and have one in Bicentennial Park.
Mr. Sorg: That's an excellent idea.
Mr. Plummert Hell, we want these people here and you've got to do something
to extend the hand of hospitality. Mr. Manager, I'll tell you where I am. I
would love to see Sorg do one in Coconut Grove and the city do one in
Bicentennial Park. Let's tell these people we want them.
Mrs. Kennedy: Let's make sure that when Bayfront Park is finished we schedule
some there - in the amphitheater.
Mr. Plummer: That's great, because the natural attraction, Rosario, once
Bayside is open, it's going to be that, anyhow. I would like to see - Mr.
Manager, is $2,500 an adequate amount to put on a first rate concert, I mean
that we're not going to be ashamed of?
Mr. Odio: If the musicians are free, yes.
Mr. Sorg: Let me say that we are working with the United Service Organization
(U.S.O.). They get free participation. They are working on John Michael
Thomas and Sandra Santiago so I don't know whether it's ...
Mr. Odio: I think you're talking about, from what Walter tells me, $15-
$20,000 per concert in costs. That's what Golby told me.
Mr. Sorg: Wait a minute - how do you get that?
Mr. Plummer: Excuse me - when are they coming here?
Mr. Sorg: How do you get that figure?
Mr. Plummer: When is it contemplated they're going to be here?
Mr. Sorg: The fourth through to the sixth April. The second - but we're
looking at Saturday or Sunday, the 4th or 5th, that's what we're talking
about.
Mr. Plummer: Well, okay, let me - Joe, please, it's your idea. I have an
idea.
Mr. Carollo: Well, go ahead, why don't you express the idea.
Mr. Plummer: I would like to allocate, in a motion at this time, the $2,500
for the concert and $1,000 for attitude adjustment in the Coconut Grove area
and ask the administration to come back, hopefully at our next meeting, to put
together something that we would be proud of in Bicentennial Park as a second
avant. For the life of me, sometimes we pinch pennies when it's really
ridiculous.
Mr. Sorg: May I may something? We are scheduling.....
45
March 13, 1907
Mr. Plummer: No, don't say nothing.
second.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
I made a motion, let's see if it gets a
ILI
Mr. Plummer: Now, if you say anything, you're foolish.
Mayor Suarez: Any discussion? Call the roll. We've taken you out of turn so
we can resolve this, Stuart.
Mr. Plummer: The motion contains that the administration come back for a
second event, if possible, yes.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-251
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $3,500
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
AS A GRANT TO THE COCONUT GROVE CHAMBER OF COMMERCE,
INC. FOR THE PURPOSE OF CONDUCTING LEISURE ACTIVITIES
FOR THE CREW OF THE U.S. NAVAL VESSEL U.S.S. SARATOGA
DURING ITS VISIT APRIL 2 THROUGH 6, 1987, AS FOLLOWS:
$2,500 TO PRESENT A CONCERT IN PEACOCK PARK AND $1,000
TO HOLD A RECEPTION FOR THE SHIP'S OFFICERS; SAID
ALLOCATION BEING SUBJECT TO AND CONTINGENT UPON
COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY
BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING RECEIPT
OF PAYMENT FOR ALL CITY SERVICES FURNISHED IN
CONNEC7'1ON WITH SAID ACTIVITIES; FURTHER DIRECTING THE
CITY MANAGER TO RETURN TO THE CITY COMMISSION WITH A
RECOMMENDATION ON A SECOND CONCERT WHICH MAY BE HELD
IN BICENTENNIAL PARK.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Sorg: Thank you very much.
Mayor Suarez: The navy movie, the piece that they put together on their
visits to Miami shows that they have an incredibly positive reaction on the
part of -
Mr. Plummer: Have you seen it?
Mayor Suarez: Yes.
Mr. Plummer: Because they did a tape - the Navy League did a taping on me at
Grand Prix - and, by the way, just for the record, Mr. Mayor, Mr. Sanchez did
allow all uniformed navy persor_sl into the Grand Prix free of charge, so I
thought that was a very fine gesture.
Mr. Sorg: May I make one comment? We are tracking the battleship Iowa. We
have never had a battleship in here in the middle of May and a heavy cruiser
coming in the first of June. That will mean, if we get those, since January
we will have had 10,000 sailors in Miami with funds to the city of over $15
million.
46 March 13, 1987
s
0 -
Mayor Suarez: The video that I saw that showed that when they announced that
they would be going to Miami as a port of call on one particular carrier - I
don't know if this was the carrier, or otherwise - that the place just, you
know, was bedlam. I mean, they were really excited about coming here.
Mr. Sorg: Another thing is, the city needs its banners up. When these ships
come in it ought to say: "The City of Miami Welcomes..." That's the greatest
P.R. program we've got going for us.
Mayor Suarez: Thank you, Stuart. Bayside will be open right at the end of
their stay, I guess.
-----------------------------------------------------------------------------or
-
31. FIRST READING ORDINANCE: ESTABLISH NEW PROJECT: "SCATTERED SITE
AFFORDABLE HOUSING DEVELOPMENT PROGRAM" AND MAKE APPROPRIATIONS FOR SAME
Mayor Suarez: Item 35. We'll get to it!
Mr. Plummer: What is this for?
Mrs. Kennedy: This is an amendment.
Mr. Odio: It's establishing a new capital improvement project, entitled:
"Scattered Site Affordable Housing Development Project", appropriating funds
in the amount of $3,997,800
Mr. Plummer: Where is the money coming from?
Mr. Odio: .... from Special Obligation Bonds, Series 1986A, for financing
construction of owner -occupied residential units affordable to families and
individuals of low and moderate income.
Mr. Plummer: Mr. Manager, I'm going to move it with the proviso that says
that no sites shall be purchased without this Commission's approval.
Mr. Odio: Oh, yes.
Mrs. Kennedy: Second.
Mr. Plummer: Now, under that, I would appreciate - because I have been around
here in times past - before you get any definite ideas on a particular site,
you come to this Commission and get the impression. Mr. Mayor, I can remember
three or four years ago of some real hot, hot people, particularly Flagami, I
think we remember, who came down here in droves. And what I'm asking is...
Mayor Suarez: Silver Bluffs, too, and Shenandoah, I think.
Mr. Plummer: ... is before that heat starts to generate, come here and get
the opinion of this Commission, and I think that that should be mandated. I
move the item.
Mrs. Kennedy: Second.
Mayor Suarez: So moved, and with that warning caveat to the staff. Call the
roll.
47 March 13, 1987
•
•
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10187, ADOPTED DECEMBER 11, 1986, THE CAPITAL
IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING
A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED: "SCATTERED
SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM" PROJECT
NO. 321034, AND BY APPROPRIATING FUNDS IN THE AMOUNT
OF THREE MILLION NINE HUNDRED NINETY SEVEN THOUSAND
EIGHT HUNDRED DOLLARS ($3,997,800) FROM SPECIAL
OBLIGATION BONDS, SERIES 1986A, FOR THE PURPOSE OF
PROVIDING FINANCING FOR THE CONSTRUCTION OF OWNER -
OCCUPIED RESIDENTIAL HOUSING UNITS AFFORDABLE TO
FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME;
_ 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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: Although absent during roll call, Commissioner Carollo
asked of the Clerk to show him voting with the motion.
32. FIRST READING ORDINANCE: INCREASE APPROPRIATION FOR "SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT - PHASE I" BY $4,641,100
Mayor Suarez: Item 36.
Mr. Plummer: Mr. Dawkins. You in line on that?
Mr. Dawkins: That's a housecleaning item?
Mr. Odio: Yes, it is. It's to consolidate all funding allocations.
Mr. Dawkins: Move it.
Mr. Plummer: You moved it? I second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10167, ADOPTED DECEMBER 11, 1986, THE CAPITAL
IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING
THE APPROPRIATION FOR THE PROJECT ENTITLED "SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT -PHASE IN PROJECT NO.
322029 BY $4,641,100 FROM THE FOLLOWING REVENUE
SOURCES: THE GENERAL FUND -LOAN, COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, DEVELOPERS DEPOSIT, RENT DEPOSIT,
MISCELLANEOUS REVENUE, AND URBAN MASS TRANSPORTATION
ADMINISTRATION LOCAL MATCH (CD) FUND; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
46 March 13, 1987 :F
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
i
i
NOES: None.
ABSENT: None.
i
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
33. AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS TO FURNISH TOWING AND WRECKER
SERVICES TO POLICE DEPARTMENT
Mayor Suarez: Item 37.
Mr. Plummer: Mr. Mayor, this is the item in reference to towing that you know
at the last meeting I asked this matter to be deferred to allow the people to
get together with the G.S.A. They have. There are still areas of discussion
but, as I said before and I hope to accomplish today, regardless of the
outcome of these discussions, I think the city needs to move on. I think one
thing in particular already has been done by the G.S.A. and I think it's
further on the agenda. They have separated from this general R.F.P. the
Sanitation Department which is almost a separate ballgame, so that will be
going out as a separate R.F.P. There is a proposal or entertaining the
thought of separating the Off Street Parking Authority contract from this
contract because they are somewhat a different ballgame. They are confined to
a very small area. It is a different situation than the regular towing,
basically for the Police Department. I have said to all concerned - the
industry as well as the G.S.A. - I think what this Commission is about is to
not only get a good contract but I think our position has to be that we are
here to protect the public and to provide the best service available to them.
We have read, unfortunately, and every industry has a few that are renegades
and who will not do what is proper and take advantage of the public and I
think that is what we're here to protect. The private sector portion of this,
of course, is something with the public that they have to deal with them
direct, but where we, the city, are making the call for a towing service, I
think we have to protect the public. So with that - I don't think anything
that we have here today or completed today will, in fact, be a perfect
document to be put out. I am sure there's going to have to be some
negotiations at the and with the Manager, but, here again, I just want you to
know that at least the effort, I feel, was made to try and resolve some of
these issues and I leave it at that and let the G.S.A. take over.
Mr. Dawkins: Mr. Mayor...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: This has been kicked around long enough. We have gentlemen
sitting out here who are working from day to day and don't know what is what
and, as J.L. said, we've been through this time and time again. We got a guy
out there that's almost folded, and that's Bryant, and the only reason he's in
business is because the other members of the industry have worked with him to
shore him up. But how much longer can they do this? So, with that in mind, I
would like, after this statement, is move this - as you said, J.L., nothing is
perfect. So let's move this with a review in one year and come back in one
year and see where we are because there's no sense in us keep juggling this
thing and keep coming back, going and coming back. Let's put it out and go to
work on it and then let's see where it is we need to make adjustments. So I'm
going to move it that we review it in one year.
49 !larch 13, 1987
,f
r;
Mr. Plummer: For purposes of discussion, I will second the motion.
Commissioner Dawkins -
Mayor Suarez: So moved and seconded for discussion.
Mr. Plummer: Commissioner Dawkins, now I'm going to speak in behalf, I guess,
of the industry. I think it is only fair that these men be allowed to make a
reasonable profit. As proposed by G.S.A., the fee that would be allowed to be
charged, in my estimation, is low and when you do such you maybe encourage
people to cut corners and that's where my concern is - in the delivery of the
service to the public. It is my understanding, and I'll be corrected if I'm
wrong, that the average towing fee if I, a private citizen, were to ctil for a
wrecker fee, is $55. That's the average. If anyone wants to dispute that,
please do so. At this present time, it is proposed in this contract that the
fee would be $35, of which only $25 goes to the company and ten goes to the
city for administrative purposes.
Mr. Ron Williams: I'm sorry, Commissioner, the proposal is thirty-five and
ten for a total of forty-five.
Mr. Plummer: Thirty-five and ten - I'm sorry, I stand corrected. I don't
think that this Commission should try to be about the business of browbeating
this industry VA) produce a service for leas than what the general public would
have. I think it is our business to be about that they are not charged any
more or, gouged, and that is my area of concern. I would hope that we could
set a maximum fee of bidding, all right? That we do that at $55, with the
understanding of $10 for the city administrative's fee remains consistent,
with the proviso that if someone wants to bid it lower they could, but I think
that they would be a fool to do such, but I think that we should set it at
fifty-five - exactly what they would charge the public if a private sector
called. And that's my only real bone of contention.
Mrs. Kennedy: How about solid waste?
Mr. Dawkins: I have no problem with us saying $55 is the quote unquote price
we're going to look at working for one year.
Mr. Plummer: That's fine. I have no problem with that - understanding fully
that of that fee the administrative charge of $10 still applies.
Mrs. Kennedy: But are you including solid waste in this?
Mr. Plummer: No solid waste is going to be bidded in a separate R.F.P.
completely from this.
Mr. Dawkins: I'm going to bring that up next, Commissioner. We'll bring that
up after we get through with this.
Mr. Williams: You've approved that as part of the consent agenda,
Commissioner.
Mr. Dawkins: But the other thing under discussion I want to make sure, and I
don't know how we do it up here, I have spoken to Roger Carlton. I have seen
tow trucks from the city of Miami Beach pulling away cars at the Knight Center
and I want it stopped because it's unfair to these guys who pay taxes and gas
and stuff in the city of Miami to have the city of Miami Beach toping cars
from over there, so when we approve this, I mean when it gets to whatever -
Mr. Plummer: Well, okay, Commissioner, let me also broach the other area that
I think needs to be addressed - and the feeling of the Commission will
prevail - as to whether or not there should be an allowance of the Off Street
Parking having the right to go out on a separate R.F.P. and cutting it from
this R.F.P. Their contention is they have such right.
Mr. Dawkins: I don't know for how long, but that's okay. I'm trying to stop
that right, but go ahead.
Mr. Plummer: If no one - let me try it on just for size - I would say that
under this proposal as for a one year experience that we allow the fee to go
to the fifty-five - ten to the city - and that if they so desire, the Off
Street Parking can either participate or pull out from this towing contract.
50 lurch 13, 1987
Mr. Dawkins: But they must limit their bids to city of Miami tow trucks.
Mr. pin.ww...r. TM..♦ s- i" ^iirsi is it not?
Mr. Dawkins: Okay, all right, good, no problem.
Mr. Williams: That possibly would have been private property or something, if
there was a Miami Beach tow, it should not have been public right of ways.
Mr. Plummer: Well, let me tell you something, they got one of my vehicles the
other day and they're the fastest damn people in the west!
Mr. Williams: Efficient.
Mr. Plummer: Efficient? Huh!
Mayor Suarez: I keep hearing about this administrative charge. Now, is that
the same ten dollars that has been characterized by someone who just walked
Into this room as a kickback to the Off Street Parking Authority when they
initiate the pickup of the automobile, or a payback, and, if so, why does the
Off Street Parking Authority get $10 for every car that's towed?
Mr. Plummer: For the same reason that the city of Miami gets it, Mr. Mayor.
Mayor Suarez: Well, I'm not sure why the city of Miami should get it, either.
I mean, all the money that we gather for the city of Miami on services that we
provide, and so on, you know eventually are used and put into our general
fund, typically, or an enterprise fund. But I am particularly concerned about
the $10 that goes back to the Off Street Parking Authority. Why? And why
$10?
Mr. Plummer: Do you want to get personal? The same reason that I, as a
funeral home, have to pay the city for every escort $10, for administrative
fee.
Mayor Suarez: There may be a valid administrative fee in connection with
escorts. I don't know that it's a valid administrative fee in connection with
calling up and having a car towed. Why $10.
Mr. Williams: Because there are several phases of the administrative
activity, Mr. Mayor, that's involved. The proposal does provide that both Off
_ Street Parking and City of Miami Police Department collect a $10
administrative fee.
Mayor Suarez: I knew that would bring Ron back into the room!
Mr. Williams: I have before me a detail of the city employees that are
involved, the level of effort that's involved, and the kind of activities they
have to perform to insure....
Mayor Suarez: Wait, wait, wait - that all sounds very good, Ron. What level
of effort - what are we talking about - for calling and saying that a car has
to be towed, that's worth $10 per car?
Mrs. Kennedy: Names inventory.....
Mr. Williams: Well, it's a little more than that, Mr. Mayor, there are
necessary papers ...
Mr. Plummer: Mr. Mayor, Ron - let me try, okay?
Mayor Suarez: Got the defenders of the Off Street Parking Authority here.
Okay.
_ Mr. Plummer: I really got into this thing too much, but, Mr. Mayor, there is
an area in the Police Department that In dedicated just to this administrative
thing. For example, the city Police Department has to receive all complaints
against wrecker services. They have to evaluate, they have to continuously go
out and check the vehicles that are being used, that they are being
maintained, that the service is adequate, that they are responding.
51 March 13, 1987
Mayor Suarez: But that's all the city of Miami Police Department. I want to
know what the Off Street Parking Authority does in connection with the towing
of An A+itnmnh+la «hey ,ipeerose .hevn getting a ten dollar bonus for each one.
I don't doubt that the city of Miami Police Department has to put a lot of
effort into making sure that this is all done in a proper and orderly manner,
and I would love to see additional funds going into the city of Miami Police
Department for a variety of reasons, but why the Off Street Parking Authority
getting $10 from every car that they tow? That's scary.
Ms. Karen Wilson: Mr. Mayor, my name is Karen Wilson from the Department of
Off Street Parking.
Mayor Suarez: It's like an incentive. It means he has a bigger profit margin
at the end of the year. Yes.
Me. Wilson: The $10 goes to cover our administrative costs, our payroll, and
our enforcement costs to provide this service, especially in the downtown
area.
Mayer Suarez: For a phone call that has the car towed?
Us. Wilson: No, sir. Our enforcement officers are out in the field
constantly trying to keep the -
Mayor Suarez: We know about your enforcement officers are out there giving
tickets, and so on, to all the cars that they can possibly ticket.
Mr. Dawkins: Now, hold it.
Ms. Wilson: And I would remind the Commission that no revenue from the
parking tickets issued on those towing calls comes to the Off Street Parking.
We have the expense on our bottom line with no revenue coming in from the
tickets. The ten dollar administrative fee is to cover that enforcement
expense.
Mr. Dawkins: Are you saying that the enforcement officers' total salary and
upkeep comes from the $10?
Ms. Wilson: No, sir.
Mr. Dawkins: Well, then, it's automatically a budgeted expense for the Off
Street Parking. So like the Mayor says, it's a ten dollar gravy train, right?
Ms. Wilson: The ten dollar administrative fee, as well as the parking
revenues, all goes into our general operating fund to cover the enforcement
expense.
Mayor Suarez: You've justified the general notion that some additional
expenditure is incurred in connection with towing, but no one has even made an
attempt to show that it's $10 per automobile towed. I mean, is that a fair
statement that we have no idea, really, how much it costs per car in terms of
your additional marginal administrative costs?
Mrs. Kennedy: Do you have any kind of breakdown?
Ms. Wilson: Yes, I do.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: The reason I state this, for those of you in the industry, of
course, is that if that $10 was not added to the cost of towing each vehicle
it might be money that would be available to make your efforts more
compensated, particularly since you're claiming - about to claim - that your
under -compensated under the proposed fee structure.
Mr. Bill McClaskey: Mr. Mayor, I'm Bill McClaskey with the Towing and
Recovery Association of America, representing the people who are towing for
the city at this time and a few others out there who do not tow for the city.
What we are proposing here is the changes that we put in this executive
summary that we agreed on at this meeting that we took so long on February
18th - from 9 o'clock in the morning until 6:00 p.m. - pretty fruitful
meeting; we accomplished quite a bit, give and take on both sides, and with
52 March 13, 1987
that agreement we were of the opinion that we were going to get this printed
out. We got it printed out and got it on the last, on the eleventh hour which
we didn't have time to a+t•^••-- P6- "-- "-••'-� m-te.ting, which was on March
2nd, and on March 2nd we only went over the items that they had changed (when
I say "they", G.S.A. had gone back to their office and changed) that we did
not discuss, plus the Off Street Parking rate proposal. We're asking that you
give us the rates that we agreed on at that meeting and the changes made at
that time.
Mayor Suarez: What are those rates - what is the difference between those
rates and the ones now being proposed?
Mr. McClaskey: Well, the Commission has just discussed the $55 rate,
including the $10 administrative fee. We don't have any real objection to a
$10 fee to the city which, in our opinion, is low balled. I think it's more.
I think it costs the city more money, but the point is, if they take the ten
dollars for the city for administrative fees, what happens to the man our here
on the job, working his tail off to get what he gets? Like you said, I think
it was a budgeted item and we still don't disagree with it, but we don't want
to be disagreed with when we're trying to make a dollar. All we're trying to
do is make a dollar.
Mr. Plummer: Quit while you're ahead!
Mr. McClaskey: Thank you.
Mayor Suarez: Advice given and accepted. Any further discussion from this
Commission?
Mr. McClaskey: Can we have the changes put in that?
Mayor Suarez: So far there's been no proposal to make any change from anyone.
Commissioner -
Mr. Plummer: There has been some - one has already been made by - not a
change, but the position of one year renewable - to have a review at the end
of one year.
Mayor Suarez: In other words, at least we're getting a testing period, here,
where before we were sort of running in place, you know.
Mr. Plummer: They were asking for 3-5 years.
Mr. McClaskey: I meant the items that we agreed on at the committee meeting -
it was really proposed but it was not put in...
Mayor Suarez: But you understand the benefit of going from 5 years to one
year to see if the rates are workable or not. It's a whole lot better to have
one year than to have five years.
Mr. McClaskey: Well, our proposal was a 5-year period with a review at the
end of each year.
Mayor Suarez: With higher rates.
Mr. McClaskey: Not necessarily. If it warranted it, yes.
Mr. Plummer: Let me ask you, Mr. Williams. You've seen, I'm sure, this
document why,:;, they surrendered to us.
Mr. Williams: I received it ...
Mr. Plummer: Bill, I got to tell you, I don't see anything in here, okay,
that can't be negotiated after the R.F.P.s come in. I don't see anything in
here that can't be altered by the Manager.
Mr. McClaskey: Well, I'm not too familiar with your procedures. If it can be
done at a later date, that's fine.
Mr. Williams: Absolutely. We ...
53 March 13, 1987
1 __
Mr. Plummer: I don't see any major request here that can't be negotiated by
the Manager at the time the R.F.P.s come in.
Mr. Carollo: One of the concerns that I have - and I don't know if it's
addressed here or not - I've heard that besides the flat fee, whatever that
might be, that there are additional charges that are included in that fee for
towing, depending how far they'd have to be taken. Is there any accuracy to
this?
Mr. McClaskey: Yes, there is.
Mr. Carollo: That's what I'm having a problem with. I'm getting so many
calls from people that are ending up having to pay ninety, a hundred dollars
for towing.
Mayor Suarez: That's a good question. What would be a typical maximum fee,
assuming the usual number of miles within the city? Because our city's not
that long ...
Mr. McClaskey: For free. We tow it to the city pound or our compound for
free. I mean mileage.
Mayor Suarez: How far would the car have to be to the place it gets towed to
before it gets to anything like $90? I've also heard from people that they've
been charged $90. The case I heard about was in Miami Beach, but you never
know.
Mr. Carollo: I've heard this right in the city, right in downtown Miami.
Mr. McClaskey: In our agreed prices that we agreed upon ...
Mayor Suarez: Wait, Bill. How high can this get, depending on the mileage
here?
Mr. Williams: Well, let me just give you this information. The mileage rate,
as proposed under concession on behalf of the city is that the mileage rate is
$2 per mile, beginning with mile one. The former proposal had been after mile
five, but the proposal as it is before you says $2 per mile so, Mr. Mayor -
Mayor 'Suarez: What's the largest radius of towing typically under the
proposed schedule?
Mr. Williams: Seven, eight miles, probably, based on the way the zones are
established.
Mr. Plummer: Either going to the pound or to their shop, there is no mileage
applied.
Mr. Williams: Right.
Mayor Suarez: To the pound or the shop there is nothing -
Mr. Williams: Right.
Mayor Suarez: - And a typical radius would not exceed 7 or 8 miles, so we're
talking, just for the Commissioners' understanding, a typical $14-16 charge,
maximum, to a private location and zero to the pound.
Mr. Williams: Sure. Some of this that you've been hearing is and has been a
characteristic of the low ball bidding process and the towers were able to add
on various other functions that they performed involved in ...
Mayor Suarez: And you're controlling all of that, you're regulating all of
that now.
Mr. Williams: Exactly, we're regulating that in quite a bit of detail. Yes.
Mayor Suarez: And we're trying to estimate what it might be at the highest
and of the spectrum.
Mr. Williams: I might, Mr. Mayor, if I may, that the proposal that is before
you is a compromise proposal and it was taken into consideration of all the
i
54 March 13, 1987
issues involved. Of course, there are easy tows, soft tows, there are tough
tows, and taking into consideration what Off Street Parking, in particular, is
able to tow their vehicles for now in to polic., x.. "_:u,;_,t that we
had found some middle ground.
Mayor Suarez: You're saying it's your recommendation that it's a result of
compromise? Any further discussion of this item?
Mr. Plummer: If you want, discuss it, but I think that what you've given me
here, which I assume you've given to every Commissioner, are items which can
be negotiated after the R.F.P.s come in.
Mr. McClaskey: That's all I'd like to be assured of, Commissioner.
Mr. Carollo: Again, the area that I want to make sure that we have set prices
on also is after you have your set price - whatever we agreed upon - what the
final price could be. If it's taken 3 miles or 5 miles or 4 miles, or
whatever the mileage is.
Mr. Williams: We have that carefully defined as part of our auxiliary charges
in the mileage rate, Commissioner.
Mr. Carollo: I'm going to say this on record. I think that we have to be
just both to the people that work in this field and just to the public. But
you're going to lose my support if whatever the final fee gets so high to the
area of $90 or $100.
Mr. Williams: One of the other provisions that will aid in controlling that
Mayor Suarez: If we start getting to that fee range we've got big problems.
® Mr. Williams: Sure, let me just add that the control mechanism on that is
that the enforcement officer and police officer level there are certain
charges that can only be approved by that officer, which is the representative
of the city on the scene.
Mayor Suarez:
Commissioners?
Mr.
Plummer:
I think it's moved and seconded.
Mrs.
Kennedy:
What is the motion - fifty-five for one year?
Mr.
Plummer:
Not to exceed.
Mr.
Carollo:
All we are doing is approving the R.F.P. We're not
finalizing
the
final amounts, correct?
Mr.
Williams:
No. You're giving us authority to issue an R.F.P.
However,
the
R.F.P. will
go out at the rate that you've established and that
will be
the
rate. The other variables the Vice -Mayor talked about ...
Mr.
Carollo:
What are the rates we are establishing, then? On the
mileage?
Mr.
Williams:
Yes.
Mr.
Carollo:
What rates have we established on that, again?
Mr. Ron Williams: On class A, D and 0, you're establishing a rate of $2.00.
Mr. Plummer: Per mile.
Mr. Carollo: Per mile.
Mr. Williams: Per mile, yes.
Mr. Carollo: Besides the flat fee of fifty-five?
Mr. Williams: Right.
Mr. Plummer: That's to a private location.
55
March 13, 1987
,ass,
0 0
Mr. Carollo: A private location, so, let's say from downtown Miami, that you
get towed. He assesses you $55.001 how much more w41 1 i+o Odd" onto tha* t"?
Mr. Williams: Of course, that depends upon the mileage Commissioner. How
many miles and where you're going... _
Mr. Plummer: ...where it goes.
Mr. Carollo: Most of the wreckers that we would hopefully be dealing with
would be in a center area of the City of Miami, correct?
i—
Mr. Williams: We've provided as part of this document a zone map that
essentially shows the zones of the City. As it works out, there are
approximately three above and below the river and you should not be towed very
far from the particular zone in which you made the violation.
Mr. Dawkins: If you made a violation, then I understand you to say there is
no charge to be towed to the pound or to the City jail?
Mr. Plummer: The pound or their location.
Mr. Dawkins: ...or their location?
Mr. Plummer: Yes.
Mr. Dawkins: did you say that? Is that correct? —
Mr. Plummer: Yes.
Mr. Williams: I'm sorry Commissioner.
Mr. Dawkins: OK, J.L. just corrected me. Now, if you go to a private place,
nine times out of ten you've been in an automobile accident or something,
correct? And your insurance company pays, well, what does the insurance
company pay for a mile?
Mr. Bill McClaskey: Whatever the bill is.
Mr. Dawkins: Beg your pardon?
Mr. McClaskey: Whatever the bill is; they don't have any rate.
Mr. Dawkins: They don't dollar, well, I mean, my insurance gives me ten miles
free and after that it's $1.00 per mile.
Mr. McClaskey: Well, that's on a disabled vehicle, not a collision. Your
collision coverage covers your vehicle in a wreck and wherever its taken to
get fixed.
Mr. Dawkins: If the insurance industry only charging $1.00 per mile, why are
we charging two?
Mr. McClaskey: The insurance industry..
Mr. Dawkins: I mean for the same mile...
Mayor Suarez: That's what the insurance company pays you.
Mr. Dawkins: It's the same mile.
Mr. McClaskey: No, the insurance companies pay us three and four and five
dollars a mile in some cases.
Mr. Dawkins: OK, but, my insurance, I mean anytime I'm disabled, that takes
me up to ten miles, my insurance covers up to ten miles.
Mr. McClaskey: Commissioner, let me explain that.
Mr. Dawkins: OK, go ahead Bill.
56 March 130 1987
Mr. McClaskey: You have a breakdown. Triple A or Amoco Service or whatever
it is, they'll come and get your vehicle and take it to a repair shop, the
closest repair shop or dealer at so much for towing, so mach 7 T{T^ nv *Too
the system's designed to give that repairman some business. So he agrees to
do it for a lesser amount of money. We're strictly a pure towing company; we
don't sell parts; we don't sell service other than what we're doing out. there
on the street with that wrecker. The man that's doing the Triple A work and
the Amoco Motor Club and the Allstate Motor Club, there's ways that they get
their money other than towing. It's just a gimmick to get them in.
Mr. Dawkins: Thank you.
Mr. Plummer: Let me ask the question, because one of the things in my craw
maybe could be addressed in this particular document. I got a problem when a
car is wrecked and towed and left on the street in front of a person's house.
You know, that's wrong. Can we address that in this ordinance, that they
can't, can we prohibit wrecked automobiles being left on the street or should
I address that some other place?
Mr. McClaskey: I think that's already covered by a City Ordinance,
Commissioner.
Mr. Plummer: ...Separate ordinance, OK. Now, because we're finding or at
least I am, we're finding a lot of times where they're towing cars from a
wreck to a person's home and leaving them on the street and sometimes they're
there for God knows how long.
Mr. McClaskey: A towing company is not allowed to drop an automobile on a
public right-of-way.
Mr. Plummer: Well, then, I'll catch a couple of them.
Mr. McClaskey: You know, if it's wrecked, it it's not wrecked you can't.
Mr. Plummer: I move the item, Mr. Mayor.
Mayor Suarez: OK, we have a motion, do we have a second?
Mr. Dawkins: I second.
Mr. McCl..askey: One more thing, Commissioner, please.
Mayor Suarez: You were warned before that it could be worse. We have reduced
the number of years and made this a one-year test period, Bill.
Mr. McClaskey: I just want the Commission to understand, eleven years ago we
had the rise in cost of living at 91 point something percent and a year ago,
if we towed your car for $1.00, today it would be $1.90. So, that means it's
almost double and we're not asking for double rates; we're asking for a fair
rate to everybody and there's a...
Mr. Plummer: You better be quiet.
Mr. McClaskey: ...quit while I'm ahead?
Mayor Suarez: That's the idea.
Mr. McClaskey: Commissioner Plummer, there's a thing in here that really
galls us. And that's that clause to cancellation or terminate without cause.
Can that be worked out after the RFP?
Mr. Plummer: I think without cause...
Mr. McClaskey: ...without cause, yeah.
Mr. Plummer: That's unreasonable.
Mr. McClaskey: Unreal.
Mr. Plummer: Why, without cause? There's got to be a cause. You just
can't...
57 March 13, 1987
Mr. McClaskey: There is also a clause in there that they can terminate us
with cause.
Mr. Plummer: OK, well, that's understandable.
Mr. McClaskey: We agree.
Mr. Plummer: Why, why with...
Mr. Williams: I'll have to defer that to the law department.
Mr. Plummer: Here again, that can be negotiated.
Mayor Suarez: OK, well, we'll build that into the motion for the City
Manager to review that.
Mr. Plummer: Mr. Mayor, the City Attorney wants to put something on the
record.
Mayor Suarez: Madam City Attorney.
Mrs. Dougherty: Yes, sir, Mr. Mayor, we would like also an amendment to the
indemnification that requires defense as well as hold harmless and indemnify
and we'd also like a change in the insurance requirements that would also make
the City additional named insurant in the liability.
Mayor Suarez: Beneficiary.
Mr. Plummer: That's normal.
Mayor Suarez: With those and the other suggestions that City Manager and the
Department that they check to see why it is that we've got a no cause
termination provision.
Mrs. Dougherty: It's for reasons out of our control. That's the reason. For
example, if the state law changed or something that the City has no control
over, we want the ability.
Mayor Suarez: We could put a provision that says that it's always going to be
in compliance with State law and if somehow is not, then we have a right to
cancel obviously. Anyhow...
Mr. McClaskey: Can you insert that in it?
Mrs. Dougherty: And for any reason without...
Mayor Suarez: Check to see what kind of causes you're thinking about there so
it doesn't sound like it's totally for no cause. I mean, that makes it
totally at an option; it could make the whole thing invalid probably.
Mr. Williams: Mr. Mayor, I do need clarification, if I may quickly. Do I
understand that the rate that you're setting is $55.007
Mr. Plummer: Yes, sir.
Mrs. Kennedy: For one year.
Mr. Williams: OK, for one year. Now, you indicated earlier that you would
consider, allowing the OffStreet Parking Department to...
Mr. Plummer: We give them the option.
Mr. Williams: After the one year or at this point?
Mr. Plummer: No, at this point.
Mr. Williams: OK, that if they wanted to separate they very well could.
Mr. Plummer: Yeah, but let me tell you one thing, OK, after some man pointed
}
his finger at me here one day, that I was in cahoots with Molina, who I don't
even know. r_
j 58 March 13, 1987
Mayor Suarez: Just because you have 5% of the operation.
Mr. Plummer: That demand, a demand by this Commission that if they do
separate, they must go also to a competitive bidding process.
Mr. Williams: That's well understood.
Mr. Plummer: I'm such a good friend of Molina, I just paid him thirty-two
fifty to tow one of my cars. So, that shows you how good a friend I am.
(LAUGHTER)
Mayor Suarez: And once again we're talking $55.00, but you have heard the
concerns expressed by Commissioner Carollo and the rest of us on the mileage
charges on top of that; you better design this whole system in a way that
there's not too many mileage charges coming on top of the $55.00. The City's
not that broad or...
Mr. Williams: We think we have it prescribed here.
Mayor Suarez: OK.
Mr. Williams: and again, that responsibility will be with a City official...
Mayor Suarez: The bottom line's going to be when people start calling and
saying they got charged $80 and $90.
Mr. Plummer: Right.
Mr. Williams: I do need to put on the record that you have approved this as
part of the consent agenda; the other part of this, that is the solid waste
towing agreement and I would presume that you're...
Mr. Plummer: No, no, no.
Mr. Dawkins: We're getting to that after this.
Mr. Plummer: No, we've already approved them to go to a separate RFP, not an
agreement.
Mr. Williams: No, I know, you've approved the separate, I'm sorry, you've
approved the separate RFP. I would presume that you want the rates in that
approved document to reflect the same as you've determined here.
Mr. Plummer: When we see the RFP, we'll look at it.
Mr. Williams: You have it; it was part of consent agenda this morning.
Mr. Plummer: Well, I don't think it should really be any different than this
one.
Mr. Williams: OK, thank you.
Mr. Plummer: That's my opinion.
Mayor Suarez: Any further discussion? Call the roll.
COMMENT ON THE RECORD FROM COMMISSIONER DAWKINS WHILE ROLL CALL BEING TAKEN
AND OTHER DISCUSSION AS FOLLOWS:
Mr. Dawkins: As I say yes, I want to make sure, Ron, that where the guy that
had his car towed from Carnival Miami, OK. It cost him $150.00 to get his
car; I don't understand why and nobody would accept a check and who in the
hell had $150.00 in their pocket on a Sunday. For these kind of things, I'd
like to see you address in your RFP.
Mr. Williams: Commissioner, one of the items that we did not discuss and they
are part of the RFP at this point are storage rates and that may very well be
a part of that escalating cost.
Mr. Dawkins: OK, well all these things will come up, OK, thank you.
59 March 13, 19$7
i
,_ s
Mayor Suarez: And notification, because sometimes they don't know the car's
been towed; they don't know where it is and so they're waiting to hear about
that; in the meantime, they're getting charged for storage.
NOTE FOR THE RECORD: MRS. HIRAI, CITY CLERK, CONTINUED THE ROLL CALL AT THIS
POINT.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-252
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSAL IN SUBSTANTIALLY THE ATTACHED FORM, TO
FURNISH TOWING AND WRECKER SERVICES TO THE DEPARTMENT
OF POLICE, FIRE, RESCUE AND INSPECTION SERVICES
DEPARTMENT, AND THE DEPARTMENT OF OFF STREET PARKING.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: We have to open bids.
Mr. Dawkins: I've got one thing, one thing to say.
Mayor Suarez: Yes, Commissioner.
Mr. Dawkins: Industry has worked with Bryant and I'm pretty sure they're
going to work with him to get his RFP in. Mr. Manager, have Miami Capital to
get with Mr. Bryant and see about arranging a loan for him through Miami
Capital to help him be competitive out here in this business.
Mayor Suarez: Thank you Bill, thank you Ken. You were very eloquent today
Ken.
Mr. Dawkins: Without you, we couldn't have made it. _
34. OPENED BIDS FOR CONSTRUCTION OF FLAGAMI SANITARY SEWER IMPROVEMENT SR-
5511-C.
------------------------------------------------------------------------------
Mayor Suarez: Item 43. Open the bids please, Madam City Clerk.
Mr. Plummer: 43?
Mayor Suarez: Yes, we have to do it at 11:00
Mrs. Hirai: Mr. Mayor, these are bids for the, bidding and contract documents
for Flagami Sanitary Sewer Improvement B-5511.
This being the date and time advertised for receiving sealed bids for
construction of Flagami Sanitary Sewer Improvement SR-5522-C, the Mayor
announced that the City Commission was now ready to received sealed bids:
r
60 March 13, 1987
I `�
The following motion was introduced by Commissioner Dawkins who moved its
adoption:
MOTION NO. 87-253
A MOTION TO RECEIVE, OPEN, READ ALOUD SEALED BIDS FOR
CONSTRUCTION OF FLAGAMI SANITARY SEWER SEWER
IMPROVEMENT SR-5511-C; FURTHER REFERRING SAID BIDS TO
THE ADMINISTRATION FOR PROPER TABULATION OF SAME.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: Although absent during roll call, Vice -Mayor Plummer
requested of the Clerk to show him voting with the motion.
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS:
BIDDER TOTAL BID ADDITIVE BID
GARCIA ALLEN CONSTRUCTION $2,423,045.45 $60,000
DOUGLAS N. HIGGINS $2,152,200.00 $20,000
ROCCO FERRERA & CO., INC. $2,359,861.00 $33,400
LANZO CONSTRUCTION CO. $2,647,658.00 $30,000
Mayor Suarez: What's the lowest bid just for the record? And what's the
estimate?
Mr. Odic: Two million one fifty-two two hundred plus an additive bid of of
twenty thousand. The estimate was Two million four -hundred and forty
thousand.
Mayor Suarez: Wow
Mr. Odic: Plus with incidental and expense cost, it would be two million
eight hundred and thirty-one thousand. That's with incidentals.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
35. REFER TO CITY MANAGER ISSUE OF ABANDONED CARS PICKED UP BY CITY TO BE
SOURCE OF POSSIBLE REVENUE.
----------------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor
Mayor Suarez: Commissioner Dawkins?
Mr. Dawkins: Mr. Manager, have somebody bring back to me because I think
Commissioner Kennedy was leading up to it before we stopped her, a way to have
the City of Miami's solid waste collection people pick up abandoned cars.
We're talking about revenue producing methods and it appears to me that the
City of Miami should be able to pick up abandoned cars and sell them for junk
or whatever and that should be a means of obtaining revenue. Give that back
to us at next meeting.
Mr. Odic: Yes, sir. We'll bring it back to you, the first meeting of April.
Mr. Dawkins: Thank you.
Mayor Suarez: Keep that up -- the Solid Waste Department's going to be an
empire just like the Offstreet Parking Authority pretty soon.
61 March 13, 1987
^r
ff
Mr. Dawkins: If they have that kind of money. I'm with them.
36. REFER TO CITY MANAGER DONATION BY SOUTHERN BELL OF FURNITURE TO BE USED
FOR POLICE SUBSTATIONS.
Mr. Plummer: Mr. Mayor, I've just had a very kind offer from a gentleman from
Southern Bell. Mr. Manager, he has expressed that Southern Bell has some
surplus desks and chairs and furniture for the mini -stations. If you will
contact him at Southern Bell, he will be happy to see what they can come up
with for the -- come up and put your name on the record please.
Mr. Odio: I know him.
Mrs. Kennedy: He always comes to the rescue.
Mr. Tito Gomez: Hi, I'm Tito Gomez and I represent Southern Bell.
Commissioners, I mentioned, I heard the comment some of our other people that
were here in the audience for something also, I heard the comment about the
necessity for some surplus furniture for the mini -substation and I think
because of our consolidation and so forth, we do have some furniture that we
might be able to make available to the City and to the substation, OK.
Mr. Plummer: Fantastic Thank you sir. Mr. Manager, you'll contact them? —
Good.
------------------------------------------------------------------------------
. 37. READVERTISE FOR TWO EXISTING VACANCIES IN THE LATIN QUARTER REVIEW BOARD
FOR MORE APPLICATIONS.
i_
_ ------------------------------------------------------------
i
Mayor Suarez: Yes. Let's see if we have any appointments on the board to
committees, Commissioner Carollo. Item 38. Two members to the Latin Quarter
Review Board, two-year term. Both of those are Commissioner Carollo's?
Mr. Odio: Yes they are.
Mr. Carollo: OK, my two are Paco Lopez Borges -- is my original appointment
and Charlie Pereira. No relations to the other one.
Mayor Suarez: So moved. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Second. Any discussion -- what are you saying Sergio?
Mr. Sergio Rodriguez: I believe that they didn't apply. We have to probably
advertise.
Mayor Suarez: We have to re -advertise?
Mr. Rodriguez: I think so.
Mr. Plummer: -For the Latin Review Board?
Mayor Suarez: We need their applications formally. OK, you want to make a
motion?
Mr. Carollo: Well, I don't know. Maybe I ought to reconsider. As I
understand from reading the papers, they've all of a sudden become a great
humanitarian -- maybe I ought to name somebody from the Herald like Richard
Capon. What do you think?
Mayor Suarez: I think we'd have to readvertise for that one.
1t:
62 March '987
Mr. Carollo: Well, for the record I tried, but the Mayor said we had to
readvertise. The great humanitarian.
Mayor Suarez: We don't have a motion to readvertise. We don't have any valid
appointments so...
Mr. Plummer: Well, no, Commissioner Carollo, I assume you want to readvertise
so that these two names can be included. Is that your motion?
Mr. Carollo: Well, I was under the impression they both had applied; I guess
only one has then, so if that's the only way that we can do it, then we'll
have to readvertise.
Mr. Plummer: I second the motion.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Carollo: Please inform Mr. Capen that if he wishes to further be a great
humanitarian, I will reconsider him.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-254
A MOTION AUTHORIZING AND DIRECTING THE CITY CLERK TO
READVERTISE IN CONNECTION WITH THE TWO EXISTING
VACANCIES IN THE LATIN QUARTER REVIEW BOARD.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
38. A. RAUL GONZALEZ VIERA WAS APPOINTED TO THE CODE ENFORCEMENT BOARD.
B. PLANNING ADVISORY BOARD TO STUDY THE TAKING AWAY OF ANIMAL CONTROL
FROM POLICE DEPARTMENT AND GIVING SUCH TO THE CODE ENFORCEMENT BOARD.
------------------------------------------------------------------------------
Mayor Suarez: 39. Code Enforcement Board. Commissioner Plummer has.
Mr. Plummer: Yeah, Mr. Mayor, I find that the man that I appointed is not a
City resident so I will have to come up at the next meeting with a name.
Mayor Suarez: OK.
Mr. Plummer: I'm sorry to have to...
Mr. Carollo: I'm going to reappoint Raul Gonzalez.
Mayor Suarez: So moved. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Second. Any discussion? Vote, call the roll on that
appointment.
63 March 13, 1987
0 0
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-255
A RESOLUTION APPOINTING TWO INDIVIDUALS TO THE CITY'S
CODE ENFORCEMENT BOARD. EACH TO SERVE A TERM ENDING
FEBRUARY 10, 1990.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Item 40. Commissioner Carollo and Dawkins have appointments.
Mr. Plummer: Let me ask a question on Code Enforcement. Mr. Manager, can you
tell me for the life of me why Code Enforcement is not the one who looks after
rather than the Police Department, the complaints we're sending continuously
policemen out on roosters and chickens and barking dogs and, why isn't it
being handled by Code Enforcement rather than belaboring and further
complicating the Police Department... what?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Dangerous at night...You mean the roosters are dangerous?
Mr. Walter Pierce: No, because it's not part of the zoning ordinance.
Mr. Plummer: Well, why aren't we doing something about it so we can relieve
the Police Department to answer more serious calls than ... to me I laugh every
time I hear it and I'm laughing about twenty to thirty times a day. The best
one I heard was a policeman responded when she asked, Was that matter taken
care of" he said, "It will be at supper time." Hey, all kidding aside, I just
think if we need to change an ordinance, let's do it.
Mr. Pierce: Commissioner, that particular.... those provisions were taken out
of the zoning ordinance when ordinance 9500 was adopted in 183.
Mr. Plummer: Well, I move at this time that whatever...
Mr. Pierce: Wait, Mr. Plummer, we're looking at that and we know there's a
problem.
Mr. Plummer: No, you look at things too long. I make a motion at this time
that that matter be brought back before the Commission at the next meeting to
resolve that problem, eliminating the use of the Police Department and I so
move.
Mr. Dawkins: Second.
Mr. Plummer: Better be careful; I'm going to put you back on a rickshaw.
Mr. Pierce: Mr. Plummer, you can't come back at the next meeting. You have �^
to go to the PAB if you're going to amend Ordinance 9500. 1.
Mr. Plummer: Well then do it. r
Mr. Pierce: You want us to start the process...
,w
64 March 13, 1967 u
f�
! Mr. Plummer: It's now, not after you look at it.
Mr. Pierce: We will start the process.
Mr. Plummer: Thank you.
Mayor Suarez: Please do that, Walter.
Mr. Pierce: You don't need a motion.
Mr. Plummer: Thank you.
Mayor Suarez: There's no need for a formal vote on that I don't believe.
------------------------------------------------------------------------------
39. BRUNO CARNESELLA WAS APPOINTED TO THE KNIGHT INTERNATIONAL CENTER
ADVISORY BOARD.
Mayor Suarez: Item 40. The James L. Knight University of Miami joint
advisory committee. Commissioners Carollo and Dawkins.
Mr. Dawkins: I appoint Bruno G. Carnesella, 1885 South Bayshore Drive,
Coconut Grove.
Mayor Suarez: So moved. Do we have a second?
Mr. Plummer: Oh, second, of course.
Mayor Suarez: I think we've done these by written appointment, have we not
in the past? Anyhow, we'll take a vote as long as we're here. Call the roll.
i
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-256
A RESOLUTION NOMINATING AND APPOINTING CERTAIN
INDIVIDUALS TO THE CITY OF MIAMI/UNIVERSITY OF MIAMI
JAMES L. KNIGHT INTERNATIONAL CENTER ADVISORY
COMMITTEE
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: Item 41 was deferred to the next meeting.
65 March 13, 1987
-------- ------------------------------ ----------------------------------------
40. A DISCUSSION REGARDING PROPOSED OUTDOOR ADVERTISING SIGN (BILLBOARD)
AT 305 S.W. FIRST STREET.
B. DISCUSSION REGARDING BILLBOARD PLACED BY THE MIAMI HERALD DURING THE
GRAND PRIX RACES.
C. PLANNING DEPARTMENT TO STUDY REDUCTION OF TOTAL NUMBER OF PERMITTED
OUTDOOR ADVERTISING SIGNS FROM TEN TO NINE.
------------------------------------------------------------------------------
Mayor Suarez: Item 42.
Mr. Dawkins: Hey counselor, your item sir.
Mr. Guillermo Olmedillo: This is application to erect a billboard within the
right-of-way of the I-95 expressway. This was continued from the last
meeting. There was a legal concern from one of the Commissioners. The
Planning Department has recommended denial of the application based on the
following: The pay the ordinance reads is that in order to issue the special
exception for any of the billboards, the impact of any vista and views that
may be affected, this as you come in from the 7th Street ramp, your're coming
from the north, this will be in front of you. The relationship with other
roadway signs inclusive of...
Mr. Plummer: Show me the location. I see First Street OK. Where is the
river? I see, to the left of it.
Mr. Olmedillo: What you see on the extreme left will be the 7th Street ramp
coming from the north of the expressway.
Mr. Plummer: Ok, all right, all right.
Mr. Olmedillo: You have the relationship with other signs inclusive of
directional signs. Just before that, you have to make a decision as you see,
you are approaching the 7th Street ramp and then you have a bifurcation. This
is a moment of decision for drivers and the sign is going to be there. The
impact on any notable structure of landmark, as you come up the ramp you have
a good view of the river, the Marti Park which is under it and as you know,
the City is in an effort to improve the areas around the river.
Mr. Plummer: Wait, let me ask you this question. Didn't I recall from the
last hearing that there's alrecly a billboard there?
Mr. Olmedillo: There was a question as to whether these two billboards could
go on at the same time and you refer....
Mr. Plummer: Is there not already a billboard there?
Mrs. Dougherty: There was one within 600 feet, but since that meeting we have
determined that the billboard that is 600 feet away, the stance itself is
outside of the 600-foot limit, but its sign is moved three feet into it, and
they have resolved the problem by moving the sign back three feet.
Mr. Plummer: So, the answer to my question is, there is not a billboard
presently where this one is proposed?
Mrs. Dougherty: No there is not one, there never has been. There has been
one 600 feet as the crow flies within that distance.
Mr. Plummer: Show me on the map where the other billboard is. Is that on top
of the old laundry? Can we have a consensus here of a meeting of the minds?
Mr. Olmedillo: Our zoning administrator says it's where I pointed.
Mr. Plummer: Show me again. Quit moving your pencil, put it down somewhere.
What's there now? Is that not where the old laundry was, the old Riverside
Laundry? OK, I guess really the reason I'm asking, it seemed like when we
established the standards before, that there was a 1,500-foot distance
regulation between signs.
66 March 130 1987
Mr. Olmedillo: Right. We have a 600--foot band that goes along the right-of-
way line of the...
Mr. Plummer: I'm aware of that.
Mr. Olmedillo: Anything within the 600 feet is to be read through this
ordinance. Now, what we have outside of the 600 feet is not classified.
Mr. Plummer: Oh OK, so another words, outside of the 600 feet, that 1,500
distance does not apply.
Mr. Olmedillo: Does not apply.
Mr. Plummer: OK, all right. And I'm assuming for the record you're
indicating that there is no other billboard present...
Mr. Olmedillo: ...within 600 feet, which meets the requirements of the 600-
foot distance from the right-of-way line.
Mr. Plummer: OK, but they would be bound by all of the other regulations
which this Commission imposed?
Mr. Olmedillo: That is correct -- the 1,500 feet distance between them and
everything else and what I referred before is to the special exception itself.
There are certain things that we must look into in order to issue the special
exception permit.
Mr. Plummer: Ok.
Mayor Suarez: Counselor, did you want to make an additional statement Sergio?
Mr. Sergio Rodriguez: I want to do it on the record. My memory on the issue
on the questions you were asking about the billboard on the site, when I go
through there everyday, I think there is a poster billboard which is not
covered by this ordinance on that building that you're talking about. The
building of McIntyre...
Mr. Plummer: What is a poster -board?
Mr. Rodriguez: A smaller size billboard.
Mr. Plummer: Like what we know is a pepe sign?
Mr. Rodriguez: What is a pepe sign?
Mr. Plummer: Four by eight?
Mrs. Kennedy: The old pepe signs, yeah. A smaller one.
Mr. Rodriguez: What I'm saying is that it is not affected by this ordinance
because it's not facing the expressway, so I want to make sure for the record
that that will be clear. The ones which face the expressway are the ones that
are affected by this ordinance and have the 600-foot distance right-of-way and
the 1,500 distance between billboards which will be the one reviewed by you
today in taking action on this item.
Mr. Plummer: Well, one other question I guess of the administration rather
than the department -- when this Commission approved some other billboards,
there was an offer of public service time on an annual basis. As I recall, it
was to be 4100,000 worth of advertising a year. What was that, I'm trying to
recall? But there was a definite offer of public service and City orientated
uses. OK, I just wanted to get that on the record.
Mayor Suarez: Counsellor, do you want to make a presentation and address that
question?
Mr. Al Cardenas: Thank you. For the record, my name is Al Cardenas. I am an
attorney practicing law at One Biscayne Tower, representing the applicant,
Flutie Advertising. Whatever commitment, Mr. Plummer, and I'll say this on
the record, the other approved applicants have made to the City of Miami
relative to public service, we will match and whatever the record demonstrates
_ that commitment is we will be bound to it and I'll make that representation
67 March 13, 1987
N
K,
for the record at this point in time. I gave a full presentation on this
matter last time and I won't take too much of your time. I just want to spend
_ a minute telling you the following: Whether, folks, there is some sentiment
one way or the other in the Commission whether this ordinance and at the
County, should have been passed or not. It has been, it's now part of the
_ record and part of our City legislation. Nine billboards have been approved
already. There is a tenth one to be approved. We're here before you this
morning relative to that particular item. The Zoning Board has recommended
approval of this application, and frankly I have taken a look at the other
applications which have been approved, and I see this particular application
in no way to be any worse, perhaps not much better, but certainly not worse in
location as the other nine applications which have been approved by this
Commission. Frankly, I think the location is ideal for it; it's in an area
that can certainly, a building that can certainly use the improvement, and we
can certainly. I will consider it a substantial betterment to that particular
location. The last time I provided you with a picture relative to where it
would be located. I don't have those pictures again; they got lost through a
shuffle, but I just provided you with a duplicate today to Commissioner
Plummer that the others of you might want to peruse it.
Mr. Plummer: I passed it along.
Attorney Cardenas: We meet every single criteria established by your
ordinance to have this sign place at this particular location. It's proper
zoning, the location availability is there and the visibility of the sign to a
sufficient number of people has been proven. Let me if I can, just for the
record, disagree very quickly on three points that staff said. With regard to
the northbound traffic on I-95, it is not possible to see either the river or
the Marti Park, and I just want you to know that and therefore you would not
have a vista of any significance encumbered by the sign. With regard to the
main southbound lanes on I-95, it's only possible to see the river or the park
for approximately eight seconds. It should be noted that the quality of the
view is not a good one as neither the river nor the park stands out as one
travels this portion of I-95. In my opinion, from our review, most people
would not see the park at all and only a few people could see the river and it
would be a glimpse of only approximately two seconds. Therefore, for the main
north and southbound lanes, there is either no view or a minimal view of the
river or park. Most people driving the area would tend toward Coral Gables to
the extent they look west while driving south on I-95. I therefore suggest
that this is, of all the other signs, compared to all the other signs which
have been approved, certainly one that merits approval. It would be the last
one; we would complete the ten sites. The company's certainly a reputable one.
It's been here for decades and I strongly urge you to grant its approval.
Mayor Suarez: Did you want to make a statement? Go ahead; make it quick
please; we're going to try to get a couple of assessment rolls before lunch.
Mr. Carlos Solis: My name is Carlos Solis, and I'm one of the owners of Right
Media, Inc. of Florida, and the other sign in question is ours. We built the
sign approximately 610 feet from I-95 and, of course, we're also interested in
that last permit on I-95. I think if you approve this particular permit,
you're approving -- the City will approve the permit, but they cannot get a
state permit.
Mr. Plummer: That's their problem.
Mr. Solis: I don't think so sir, you're...
Mayor Suarez: It's worthwhile to warn us, don't argue the point. It's
worthwhile to warn us about that, OK.
Mr. Solis: OK, I have a state permit on that particular site and this
particular site will not meet with the State requirements. OK.
Mayor Suarez: Thank you for your statement Carlos. Anything else? Any
discussion? Commissioners, what's your pleasure, displeasure, anger,
frustration?
Mr. Plummer: I, Mr. Mayor, this Commission did in fact approve ten sites.
I'd like to get the tenth one out of the way and then there'll be no more
applications before this Commission. As far as the State permitting is
concerned, that's something they'll have to deal with on another level. I
68 March 13, 1987
a •
don't think that this is a bad situation. I know there are those people who
are opposed, but the limit was set at ten. No one else, I assume about a
year it's been, hasn't it? -- since we passed the others, has made any
application or shown any interest. There is some return to the City, not only
in the permits, in the revenues and in fees of inspection, but also in public
service announcements I will move this item be approved to finally get the
tenth and final one out of our hair. I'll so move.
Mr. Carollo: Second.
Mayor Suarez: Moved and seconded. Any further discussion?
Mr. Dawkins: Under discussion...
Mayor Suarez: Commissioner Dawkins...
Mr. Dawkins: When I voted for the billboards, I voted in order for us to
control them, and I voted that we put none on the east side, and I agree with
Commissioner Plummer that nobody else has applied, but I'm voting against this
one and any others. I will be voting from now on as long as I sit here to not
have but nine.
Mrs. Kennedy: Under discussion, let me say that if you think this is an ideal
location I really must be blind. I just want to be consistent; I find these
billboards offensive and I think that the public's interest is best served if
we didn't have them.
Mr. Carollo: I respect the Commissioner's feelings, and I think that in her
particular case that her feelings, even though we disagree, are quite
honorable. However, there are those others in this community that have been
quite vocal against billboards whose feelings have not been honorable. And,
let me give you the prime example. The Miami Herald that wants to have a
strong newspaper -form of government in this community, last week...
Mr. Plummer: Unelected...
Mr. Carollo: Unelected is right... last week, after writing page after page
after page against billboards, came out with a new billboard besides the ones
they have on every corner and newsstands, which are many billboards, and right
smack next to their wall, on the side of the Miami Herald Building that was
facing the Grand Prix, they throw a huge canvass that was the size of one of
these billboards that we were discussing here.
Mr. Plummer: Bigger.
Mr. Carollo: Well, I'm being conservative, maybe it was bigger, but at least
the size of one of the billboards that we discussed here today, that said
something to the effect that the Miami Herald world -class newspaper, and I'm
surprised they didn't place the new cliche they're calling themselves now,
"humanitarian" on it. This was up for several days until this Commissioner
called the administration for zoning laws to be enforced. Then I was told
that when the zoning inspector got there, very mysteriously the Miami Herald
took it down. Well, I don't know if that's the case or maybe some bureaucrat
lost their stomach and asked them to do it before they would have to cite them
like they would everybody else. Now, if anyone has any questions on what I'm
talking about here, we have quite a few pictures of the Herald's billboard
that we could show and make public. So, what I would like the City Manager to
do on my behalf, and you can make sure that's expressed in the letter, is to
inform the Miami Herald, and I'll give you a picture of the Herald's billboard
they recently put up for several days, that that is in violation of the law
and if you can quote the same words that they've used to express their outrage
about their competition, advertisement on I-95, if they feel that way about
that kind of advertisement that's a competition to them, they should feel the
same way about billboards on their own building that are advertising the Miami
Herald.
Mrs. Kennedy: What did he say?
Mr. Plummer: Walter Pierce will write that letter.
Mayor Suarez: Call the roll.
69 March 13, 1987
Mr. Carollo: Walter, you need that to be translated for you, or did you
understand it all right?
Mr. Odio: By the way Commissioner, for the record, when we informed of that
illegal sign, the inspectors went out there and by the time they got there it
was not there.
Mr. Carollo: Well, that was several days after the sign was up and maybe
that's the case, you know, since I can't verify that, that might be the case.
Then again, the case might have been just what I expressed before.
AT THIS POINT, THE MOTION DULY MADE BY VICE MAYOR PLUMMER AND SECONDED
BY COMMISSIONER CAROLLO TO ALLOW ONE OUTDOOR ADVERTISING SIGN AT 305 S.W.
FIRST STREET FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
NOES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: No, I have to vote no and follow the Planning Department's
recommendations, rather cogently expressed here in the background materials.
We have the assessment rolls, very quickly, go through Item 40.
Mr. Carollo: Mr. Mayor I have to leave now and I'll be back at 3:00 when we
reconvene.
Mr. Plummer: Let me ask a question and get the feeling of this Commission.
Do you, is there any move of afoot or feeling among this Commission that you'd
like to limit it to nine?
Mrs. Kennedy: I would certainly go for that.
Mr. Dawkins: I would, yes. I certainly would J.L.
Mayor Suarez: Myself, I wouldn't have agreed to the initial nine.
Mr. Plummer: But, was there any feeling here that you want to do that?
Mr. Dawkins: Yeah, I do.
Mayor Suarez: That's reflected in that consensus, I think.
Mr. Plummer: Why don't you come back and give us a recommendation on that.
Mr. Olmedillo: On the 9 sites?
Mayor Suarez: So we don't have to have applications for the tenth. That
makes sense what Commissioner Plummer suggested.
Mr. Plummer: Yeah, because you now if the vote is going to be -- you know,
they've gone through expense of trying to come as truthful as they could and
If, in fact, this Commission is going to continuously turn it down, turn it
down, then consider going to the nine so no one else goes through the expense,
consider that.
Mr. Dawkins: Don't go through the expense; I agree with you J.L.
Mayor Suarez: OK, item...
Mr. Plummer: I'll make a motion that the Planning Department study reducing
the number of total signs from ten to nine.
Mrs. Kennedy: Second.
Mr. Dawkins: Scond.
70 March 13, 1907
Mayor Suarez: Moved, seconded, thirded, fourthed, whatever. Any discussion;
call the roil.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-257
A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE
PLANNING DEPARTMENT TO COME BACK WITH A RECOMMENDATION
AS TO HOW TO REDUCE THE TOTAL NUMBER OF PERMITTED
OUTDOOR ADVERTISING SIGNS FROM TEN TO NINE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I would try to reduce them if there's any way, but I guess we
can't do that.
------------------------
41. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF KINLOCH SANITARY SEWER
CENTERLINE SR-5485 C
----------------------------------------------------------------------
Mayor Suarez: Don, 44.
Mr. Don Cather: 44 and 45 are identical items. These sewers have been
completed. We are now completing the formalities. We are asking a resolution
confirming the assessment roll...
Mayor Suarez: Don, what are the typical assessments on a percentage basis of
total cost. Are we still in the 25% range? or...
Mr. Cather: Thirty percent.
Mrs. Kennedy: Don, how long is it going to take for the City to have all the
new sewers installed?
Mr. Cather: We expect to have all of the design completed by the end of this
year and construction completed probably by the end of 188.
Mr. Plummer: Is all of the money in place?
Mr. Cather: Yes, sir.
Mr. Plummer: OK. I move item 44.
Mrs. Kennedy: Second.
Mayor Suarez: 44. The resolution confirming the assessment roll. Moved and
seconded. Any discussion? Call the roll on 44.
71 !larch 13, 198.7
tl
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-258
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF KINLOCH SANITARY SEWER IMPROVEMENT IN KINLOCH SANITARY
SEWER IMPROVEMENT DISTRICT SR-5485 C (CENTERLINE SEWERS)
AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT
HEREBY CERTIFIED.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
42. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF KINLOCH SANITARY SEWER
SIDELINE SR-5485 S
Mayor Suarez: Item 45.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-259
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF KINLOCH SANITARY SEWER IMPROVEMENT IN KINLOCH SANITARY
SEWER IMPROVEMENT DISTRICT SR-5485 S (SIDELINE SEWERS) AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY
CERTIFIED.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
72
-------------------------------------------------------------------------------
43. AUTHORIZE EXECUTION OF AGREEMENT wiTH SOUTHERN BELL TO ADD AUTOMATIC
LOCATION IDENTIFICATION FEATURE TO CITY'S EMERGENCY 911 SYSTEM.
Mayor Suarez: Item 46. Last item of the morning.
Mr. Plummer: Move it. It's an enhancement; it's a good feature...
_ Mrs. Kennedy: Second.
Mr. Plummer: ...it gives the police department a much better...
Mayor Suarez: We need four -fifths on this one. Is there any Commissioner
that wants a clarification before we take the vote. May we have a motion to
second. Any discussion:
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-260
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHERN BELL
TELEPHONE AND TELEGRAPH COMPANY REGARDING THE ADDITION
OF THE AUTOMATIC LOCATION IDENTIFICATION FEATURE TO
THE CITY'S EMERGENCY 911 SYSTEM IN ACCORD WITH THE
LETTER OF INTENT ATTACHED HERETO; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE CANCELLATION PROVISION
CONTAINED THEREIN; CONDITIONING THE HEREIN
AUTHORIZATIONS UPON THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo.
44. DISCUSSION REGARDING ORANGE BOWL AND MIAMI STADIUM AWARD OF CONTRACT
(LAWSUIT); ISSUE TO BE REVISITED NEXT AGENDA.
Mr. Dawkins: I have one thing I'd like...
Mayor Suarez: Yes, we'll be reconvening at 3:00.
Mr. Dawkins: I understand that there is some leeriness about the concession
agreement that they're going to go to court. Is that something to that
effect?
5{rt�,yti J
s
73 March 13-, 198.7`
s
w
Mr. Plummer: Concession on what?
Mrs. Dougherty: The Orange Bowi and the Miami otadium was awarded last
November and as you remember, you negotiated the actual price up from what was
bid. There is a lawsuit pending right now by the second bidder challenging
that award.
Mr. Dawkins: That's good. I said that.
Mr. Plummer: You got any problem with it?
Mrs. Dougherty: No. We have gotten an agreement from the Miami Stadium that
they will hold us harmless from that, but I understand that you have some
un...
Mr. Dawkins: Yeah, I got some concerns. I don't know how it happened and I
want to revisit it.
Mrs. Dougherty: Do you want to revisit it today or do you want to put it on
the next agenda?
_ Mr. Dawkins: Whatever you think is best. If you think I can get all of what
I need today, fine; if you think I should wait until the next...
Mrs. Dougherty: We'll put on the next agenda the reconsideration of that
award.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
11:48 A.M. AND RECONVENED AT 3:08 P.M.,, WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER CAROLLO.
45. A -EMERGENCY ORDINANCE: INCREASE APPROPRIATION FOR "MIAMARINA RENOVATION
PROJECT" BY $100,000.
B-AUTHORIZE INCREASE IN CONTRACT WITH MCNEW MARINE CONSTRUCTION FOR
CONSTRUCTION OF BAYSIDE SPECIALTY CENTER-MIAMARINA RENOVATION.
------------------------------------------------------------------------------
Mayor Suarez: Will the Commission please come to order. Good afternoon to
all the students from St. Brendans. We'll be hearing from you in a little
while. We have a couple of items to get before we get to yours. Item 47.
Who can tell us about item 47?
Mr. Odio: Mr. Mayor, this is the construction at Miamarina renovation
project. We must, we need $100,000 and the reason is for the sixteen
contracts they did not include renovation and additions to utilities on Pier A
and enlargement of land -side water mains that supply fire lines in Piers A, B
and C. This work is required by the present code requirements, a requirement
that the marina renovation...
Mr. Plummer: Move item 47. Got no choice.
Mr. Odio: Thank you.
Mayor Suarez: If it's required by the Code.
Mrs. Kennedy: I'll second, but let me ask you, Mr.. Manager, why do we always
have these emergency items that cost so much money?
Mr. Plummer: Because they don't check it out in the first place.
Mr. Odio: Because when we went out on bids on an emergency basis to have the
marina ready, they did not take into consideration this additional work.
Mz. Plummer: Well, and also, just in self-defense, I guess it is. In self-
defense, you know you have other agencies who come in and play God, and say to
you, OK, well now, with the environment you have to do this and you have to do
that and they make you put in twice as large mains and all of those sort of
_�Z
74
March 13, 1987
1*
things and that's where you usually wind up with a problem. I move it Mr.
Mayor.
Mayor Suarez: We have a motion; do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: You seconded. Right? Any further discussion? Call the roll.
AT THIS POINT, THE CITY ATTORNEY STARTS TO READ THE ORDINANCE.
Mrs. Dougherty: This is an emergency ordinance amending Section 1 of
Ordinance No. 10167, as amended...
Mr. Plummer: Excuse me, Mr. Mayor.
not show as an ordinance.
Mr. Don Cather: That's item 60.
For the purposes of the agenda, 47 does
Mayor Suarez: We showed it, the related item 60?
Mr. Plummer: No, I'm sorry, 47 does not show as an ordinance on my agenda.
Mrs. Kennedy: Item 60 is the Port Boulevard...
Mr. Plummer: It's still not an ordinance.
Mrs. Dougherty: Yes, it's a discussion item, but at the top of the discussion
items, there is a notation that says legislation may arise out of this
discussion.
Mr. Plummer: For the purpose, if you're telling me legally, then go ahead and
read the ordinance; I'm just saying the agenda doesn't show it that way.
Mrs. Dougherty: Yes, it's permissible.
Mayor Suarez: Yeah, we want to make sure the agenda reflects accurately
what's about to take place
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10187, AS AMENDED, ADOPTED DECEMBER 11, 1986, THE
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY
INCREASING THE APPROPRIATION TO THE CAPITAL
IMPROVEMENT PROJECT ENTITLED "MIAMARINA RENOVATION
PROJECT", PROJECT NO. 413007, BY $100,000, RESULTING
IN A TOTAL APPROPRIATION OF $1,600,000; SAID FUNDS TO
BE LOANED FROM THE GENERAL FUND, SPECIAL PROGRAMS AND
ACCOUNTS, AND APPROPRIATED FROM MARINA REVENUE BOND
FUNDS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote-
75 March 13, 1987
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT Commissioner Joe Carollo
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. -
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10242
Mr. Plummer: Is this an emergency ordinance?
Mrs. Hirai: Yes, sir, it is. -
Mrs. Kennedy: Yes.
Mayor Suarez: Item 48. Is Counsellor here? I see, there you go.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I'm sorry, we need a motion on the resolution to appropriate the funds -- we just passed the ordinance first.
Mrs. Kennedy: So moved.
Mayor Suarez: So moved.
Mr. Plummer: Excuse me.
Mayor Suarez: On the item 47, we need a resolution, we need a motion on the
resolution to appropriate, to use the funds. -
Mr. Plummer: Yes, second.
Mayor Suarez: Moved and seconded. Any discussion. Call the roll.
Mr. Dawkins: Which one is this?
Mr. Plummer: This is to spend the money you just passed.
Mr. Dawkins: OK.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-261
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $100,000 IN THE CONTRACT BETWEEN THE CITY OF
MIAMI, FLORIDA AND MCNEW MARINE CONSTRUCTION, INC., DATED
JANUARY 5, 1987, FOR THE CONSTRUCTION OF BAYSIDE SPECIALTY
CENTER-MIAMARINA RENOVATION PROJECT, ALLOCATING MONIES
THEREFOR FROM FUNDS TO BE APPROPRIATED TO THE PROJECT BY
ORDINANCE NO. 10242; FURTHER RATIFYING THE CITY MANAGER'S
WRITTEN FINDINGS THAT THE HEREIN INCREASE RESULTED FROM
EMERGENCY CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF 4/5THS
OF THE MEMBERS OF THE CITY COMMISSION, AND ADOPTING THE
FINDINGS AND CONCLUSIONS SET FORTH IN THE PREAMBLE OF THIS
RESOLUTION.
(Here follows body of resolution, omitted hr,:1e
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-
•
0
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
46. APPROVE IN PRINCIPLE SETTLEMENT OF SHANREKA PERRY CASE.
Mayor Suarez: Item 48. Counsellor.
Mr. Philip Gerson: Mr. Mayor and members of the Commission. My name is
Philip Gerson. My address is 2000 South Dixie Highway, Suite 104. I am an
attorney -at -law representing Shanreka Perry in a lawsuit against the City of
Miami and Metropolitan Dade County. Although this is an adversarial
proceeding, I do not come before the Commission as an adversary today.
Instead, I come to propose a settlement on a human basis, which I suggest is
intended to heal racial wounds in this community. In May of 1980, the darkest
hour in the history of Dade County was experienced by us all.
Mr. Dawkins: Sir, let me short-circuit this, sir. We are familiar with the
history. I would like to suggest to this Commission that, as he said, the
City is not liable, but it has a moral obligation no doubt. So, I discussed
it with the City Attorney and I would like to suggest to the Commission that
we set up a $100,000 fund that would go, the proceeds would go to her, and
that we give $50,000 as an educational fund for her and pay the legal fees.
Would that be acceptable?
Mr. Gerson: Yes, sir.
Mr. Dawkins: What do you think Madam City Attorney?
Mayor Suarez: Would you state for the record Madam City Attorney what the
legal position in the case is although Commissioner Dawkins has referred to
it?
Mr. Plummer: May I ask one other question?
Mayor Suarez: Yeah.
Mr. Plummer: How much are the legal fees?
Mrs. Dougherty: I'm recommending $20,000.
Mr. Plummer: He's already got partial compensation.
Mrs. Dougherty: He's had no compensation.
Mr. Plummer: Yes, no, he told me in my office he's received compensation.
Mr. Gerson: No, sir, that's incorrect. I apologize if you misunderstood..
Mr. Plummer: No, air, I didn't misunderstand ... you told me you had received
compensation and expenses from a previous collection.
Mr. Gerson: No, air, I indicated to you that I had recovered $10,000 on
behalf of my client from the Crimes Compensation fund in Tallahassee and that
I had charged no attorneys fees or costs against that fund whatsoever. I've
received nothing to this point.
Mayor Suarez: What are your costs up-to-date?
Mrs. Kennedy: What is the total of your attorney's fees?
77 March 13, 1987
a
A
Mr. Gerson: My costs, Mr. Mayor, are approximately $5,000; my attorneys fees
in cases such as this are customarily forty percent contingency. I've agreed
with my client, out of compassion for her condition, to reduce that by fifty
percent, to a twenty percent contingency fee.
Mayor Suarez: Any you're applying that to a hypothetical figure of $100,000?
Mr. Gerson: Well, it was my request for a $200,000 settlement and I haven't
gotten to present my remarks in that regard. If there is a proposal before
the Commission, which, in effect, provides substantially those benefits for my
client by means of $100,000 structured settlement and an additional $50,000 in
educational benefits, and my attorneys fees, then we're very close to the
$200,000 request that we had to make today.
Mr. Plummer: How old is your client?
Mr. Gerson: Eighteen.
Mr. Plummer: Will this money be placed in a trust fund only for her, not to
be able to be touched by anyone else?
Mr. Gerson: Well, my client is of legal age at this time.
Mr. Plummer: That's not my question.
Mr. Gerson: If there were a structured settlement, then she would not receive
the $100,000, she would instead receive payout benefits over an extended
period of time as yet to be structured.
Mrs. Dougherty: Over her lifetime, J.L.
Mr. Plummer: But, would we have the assurances that those monies would only
go to her, for no one else or no other reason?
Mrs. Dougherty: $20,000 he agreed.
Mr. Dawkins: Other than an offspring.
Mr. Plummer: All right, I'll buy that.
Mr. Gerson: Well, I'm not quite sure what we can do to give you that
assurance except to say so; we're certainly willing to enter into a binding
and enforceable agreement with the approval of the City Attorney to provide
for that. I assure you that there is no intention of diverting these funds
for ::icy other purpose whatsoever.
Mayor Suarez: Let's get a few things clear here because I'm not sure now what
it is exactly that is being recommended now. Madam City Attorney, I believe
you just stated that your recommendation would be a total package of 6100,000.
Mrs. Dougherty: A $100,000 structured settlement. In addition to that...
Mayor Suarez: How do you split it up?
Mrs. Dougherty: However we decide. If we bought a structured settlement of
$100,000 over her lifetime, she would receive something like $2,500 a month
for her life, or something like that, or perhaps we could do it for the next
thirty years.
Mayor Suarez: But you're not proposing in addition to that?
Mrs. Dougherty: In addition to that, $20,000 legal fees. In addition to
that, if she goes to graduate school or she goes to college, we pay the
tuition expenses for that.
Mayor Suarez: OK, if she goes to college, we would pay and if it's not
covered some other way, we would pay the tuition expenses.
Mrs. Dougherty: Correct.
Mr. Dawkins: If she stays in college.
78 March 13, 1987
Mayor Suarez: And, now on the structured paymer.s, you're talking about a
monthly payment almost like a...
Mr. Dawkins: Not she, me, I'm the one who made...
Mrs. Dougherty: Yes, sir.
Mr. Dawkins: Now, don't give the City Attorney hell, this is my
recommendation.
Mayor Suarez: Well, I'm much more myself at least, for myself, Commissioner,
I'm much more disposed to vote for a situation where we're making monthly
payments for a period of time than to just go ahead and create a fund and give
trustees control of this fund to pay over to her.
Mr. Dawkins: The City of Miami will be the trustees.
Mayor Suarez: Yeah, it's the same thing then, because what we're doing in
this case is we're structuring it so that the payments would be over what
period of time. If you're talking about $100,000 at...
Mr. Plummer: Four years.
Mayor Suarez: Four years, is that what it works out to be?
Mr. Plummer: Well, that's what, at $2,000 a month.
Mayor Suarez: A little bit over four years.
Mrs. Dougherty: No.
Mr. Gerson: Mr. Mayor, if I may, if I may suggest...
Mayor Suarez: And that, you know that softens out the impact on us
financially, other than you know as opposed to having to set up $100,000 trust
fund right away. Yes, counselor.
Mr. Gerson: What I would suggest is that if the payment were made to an
insurance company to purchase an annuity contract, then the $100,000 in
benefits would be multiplied many -fold over my client's lifetime and she could
expect to receive a great deal more. That is the principal advantage of
structured settlements in personal injury...
Mayor Suarez: Well, but, that's the whole point. See, from our perspective,
we save money because we're self -insured and the City doesn't have to be
paying expenses and possible increments that a trust fund that you're
proposing would, or an annuity that you're proposing. We actually make the
commitment over four years to make these payments and we absorb, we're able to
use our money and plan ahead for that reason. And it comes out a heck of a
le" less expensively to us.
Mr. Dawkins: I have no problem with that. The only thing that I would object
to is that God has not promised us that me and you will be sitting here the
rest of our lives or her life, and the individuals who come behind us may not
be as benevolent as we are, and they may not choose to follow the line that
you and I have established. Therefore, I would prefer establishing a fund
which would be her fund and irregardless of who came here as Commissioners,
would not be able to change it.
Mr. Gersons Might I suggest a little bit of both and that is for the City to
fund on an as needed basis the college expense deferment because Shanreka is a
college freshman at this time and those are current benefits to be paid, and
If the $100,000 were used to purchase an annuity contract over her lifetime,
she could expect to receive perhaps ten or fifteen times that much by
deferring the receipt of some of the money for a period of years.
Mr. Dawkinss Madam City Attorney, are we setting a precedent or has the City
of Miami done this before?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
79 March 13, 1987
Mr. Plummer: I'm sorry, I was talking to her.
Mr. Dawkins: OK, now I'm going to see if you pay her for this month. Madam
City Attorney,
Mrs. Dougherty: Yes sir.
Mr. Dawkins: Would this set a precedent or has the City of Miami done such a
thing before?
Mrs. Dougherty: I don't know of...
Mr. Dawkins: Oh yes you do, what about the guy who got shot in the riot? We
didn't do this with him?
Mrs. Dougherty: That was a case in which I...
Mr. Dawkins: No, no, no, I didn't ask you why...
Mrs. Dougherty: I don't, I wasn't...
Mr. Dawkins: I asked you have we done this before?
Mrs. Dougherty: Are you talking about the Michael Johnson case?
Mr. Dawkins: Has the City done this before?
Mrs. Dougherty: I am not, I don't know of any time.
Mr. Dawkins: In structured...? You don't know?
Mrs. Dougherty: Oh, in structured settlements, oh yes, very definitely. Oh
yes, yes.
Mr. Dawkins: Well, yes ma'm, that's what I was asking. Yes, ma'm, that's what
I'm asking Madam City Attorney. We have done this before in many instances.
Mrs. Dougherty: Of course, yes, many times. It's a very good procedure in
order to ...yes.
Mr. Dawkins: That's what I was asking.
Mrs. Kennedy: Mr. Gerson, have you talked to the County also about this case?
Mr. Gerson: Yes, I've talked with the County Attorney and there is an
indication of interest on behalf of the Risk Management Department of the
County to make a settlement offer. We were hoping that the City of Miami
would show the leadership in this regard and we would ask Dade County to at
least match what the City of Miami is willing to do.
Mr. Plummer: I'd rather see it the other way around.
Mrs. Kennedy: Let the County...
Mr. Dawkins: No, no, wait a minute.
Mr. Plummer: Look, the City Attorney, just for the record, let's get the
record very, very clear. The City Attorney has advised me and the members of
this Commission that this City has absolutely no, underline the word 'no',
liability. So let's not the record straight from the beginning. Just
indicate this was a case in which a car driven by two out of town people, hit
this young lady and pinned her I think against a wall and the City was not in
any way liable. Now, as it has been said, the moral issue is what we're
speaking to. This same request is going to be made of Dade County, and I
think I would feel a lot more comfortable if the two attorneys, the City and
the County Attorney, were to sit down so that one In not played against the
other. I think this Commission has indicated that we feel there is a moral
obligation and we want to do something, but I would hate to see us put into a
posture that we would be accused or not accused of saying "Hey, we set the
precedent for the County, and they had to live up or else." Mr. Mayor, I
would suggest at this time that the City Attorney and the County Attorney sit
down and work this agreement out. We will do something, sir. As far as I am
8o March 13, 1087.
concerned, I do not speak for my colleagues. I think they have shown an
interest, but in the interest of fairness is why I'm saying this.
Mayor Suarez: Let me ask Commissioner Dawkins who came up with the figures.
Were you envisioning that a total settlement between the City and the County
Commission would approximate the figures that you were talking about?
Mr. Dawkins: Yes.
Mayor Suarez: OK, then it makes a lot of sense to do what you're saying.
Mr. Plummer: You see, that's what I'm also figuring. That's a lot different.
Mrs. Kennedy: Commissioner Plummer, if you want to put that in the form of a
motion I'll second it.
Mr. Plummer: I put it in a form of a motion that the two attorneys get
together and come back to this Commission so that it cannot be said that one
is played against the other. I so move.
Mrs. Kennedy: Second.
Mr. Gerson: If I might just be heard briefly, no one is attempting to play
one against the other. We're asking the City of Miami Commission to show the
leadership at this time by taking a step forward and making an offer that's
reasonable to this young lady, and we intend to be armed with that when we
approach the County Commission and hope that they will follow suit in kind
with a like amount.
Mr. Plummer: Sir, it's your wording that scares me when you say that you want
to be armed. That's what scares me.
Mr. Dawkins: Yeah, see, counsel...
Mayor Suarez: Commissioner Dawkins...
Mr. Dawkins: You're using legal rhetoric to say what we're saying. All
you're saying is you want to be able to go to the County and tell them you're
a bunch of bums because you're not matching what the City's done. And that's
what we're telling you we don't want to do.
Mr. Plummer: But we know that already.
Mr. Gerson: Well, the County hasn't refused to do that. The County has not
acted on our request.
Mr. Dawkins: So, therefore, you do no need a stick to beat them over the head
with, in essence.
Mr. Gerson: Well, the procedure for pursuing the claim in County government
is different from the procedure in the City.
Mr. Dawkins: Why? Why?
Mrs. Kennedy: In what way?
Mr. Gerson: Because, as I understand it, we're not entitled to appear before
the Commission with a request such as this. It must be handled solely at the
risk management level. That's the advice I was given by the Assistant County
Attorney.
Mr. Dawkins: Mo, no, no,no. See, OK, that's fine. OK. But any Commissioner
can ask to hear you so I don't see where it's any different. We didn't choose
to send you through that route. We respected you as a human being to come and
appear before us.
Mr. Gerson: I appreciate that.
Mr. Dawkins: So, you have that right to tell that same Commission over
there -- I don't care what they say -- as a citizen, you have a right to
appear before the Commission.
81 March 13, 1987
Mayor Suarez: Also, as it happens, this Commission is going to, in effect, be
referring it to the County to use whatever procedure, but it could very well
be ,..,.A6 .4e risk management people would meet with our City Attorney
representative to try to work out that settlement, precisely in using the
procedure that you suggested.
Mrs. Kennedy: Besides, all of us, Mr. Gerson, have expressed our feeling to
help this lady, so let the City Attorney and the County Attorney do the
negotiating, and we're willing, we have said so.
Mr. Dawkins: I think I hear what he's saying, and I don't want to believe it.
I think what the counsel is saying is that risk management has no authority
with which to make such a settlement, so he's getting shifted over to risk
management knowing that they're going to say no.
Mr. Gerson: No, sir, the indications that have been to given to me are that
Dade County will be willing to contribute toward a settlement of this case for
moral and legal reasons as well.
Mr. Dawkins: I withdraw my motion.
Mr. Kerson: I'm proposing that there are two separate defendants here and
that we get some action, some affirmative action here from the City of
Miami and then go to Dade County with that and ask them simply to match it.
Mr. Dawkins: Well, what more affirmative action do you need sir than for us
to tell you that we are going to help and that we will match anything that
they do or else we just told you that if they don't do nothing, we're going to
do something. Now what more affirmative do you...
Mayor Suarez: It's a pretty good signal to take back to the County and if
risk management and the County doesn't want to take into account the moral
aspects or the humanitarian aspects of the case, maybe as Commissioner Dawkins
has suggesting, one of the County Commissioners will bring it up for
consideration so the as a matter of policy can send it back to us, but we're
not sure we want to handle this entire package at this point and we don't
think it's fair for us to handle the entire package, particularly when we're
told that we have no liability, so we're sending with this motion a pretty
strong signal to the County I think.
Mr. Gerson: Well, I'm afraid that the County may interpret this as being a
denial of the request...
Mayor Suarez: No, absolutely not, absolutely not.
Mr. Gerson: ... here at this level and act similarly.
Mr. Dawkins: That's fine, see but I feel that they won't. So you and I have
a difference of opinion. I feel that they won't accept it as a denial, that
they will look at it as a cooperative effort to solve the problem.
Mr. Plummer: We're going to give you that opportunity to find out.
Mayor Suarez: And we're afraid that they might see it as the City taking the
entire burden and then not...that's what we're afraid of.
Mr. Dawkins: Have no fear, we will meet your need, OK.
Mayor Suarez: We have a motion and a second. Any further discussion?
Mr. Dawkins: I withdraw my motion.
Mayor Suarez: OK.
Mrs. Dougherty: Mr. Mayor and Commissioners, would you like me to make this
some sort of a formal resolution sending a message to the County that
basically says that we want to give some consideration to this and we will,
but we'd like to make sure that the County also is going to participate in
this.
Mr. Plummer: Exactly.
82 March 13, 1987
Mrs. Dougherty: OK.
MAvnr Q1lers7. A1.Qnl��tsly.
Mr. Dawkins: J.L., you're incorporating, you're going to second. I mean
Rosario second.
Mrs. Kennedy: I second.
Mayor Suarez: The movement changes accordingly the motion and the seconder
accepts that modification. Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-262
A RESOLUTION APPROVING, IN PRINCIPLE, A SETTLEMENT IN
THE CASE OF PATRICIA SMALL, AS MOTHER, NATURAL
GUARDIAN AND NEXT FRIEND OF SHANREKA PERRY, A MINOR,
AND PATRICIA SMALL, INDIVIDUALLY VS. CITY OF MIAMI, ET
AL. SUBJECT TO THE PLAINTIFF NEGOTIATING A SIMILAR
SETTLEMENT WITH METROPOLITAN DADE COUNTY.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you counsellor for your presentation and Shanreka, ma'am,
it's good to have you here. This is not the way the City usually negotiates
lawsuits and it's a very tough way for us to deal with something where our
attorneys are telling us we have no liability, but we're doing the best we can
by you.
Mr. Gerson: I understand and I appreciate the Commission's consideration
today.
Mayor Suarez: Thank you counselor.
47. ALLOCATE $6,000 IN SUPPORT OF CUBAN MUNICIPALITIES FAIR CORPORATION
CARNIVAL.
Mayor Suarez: Item 50. Representatives of Cuban Municipalities Fair
Corporation.
Mrs. Kennedy: Mr. Manager, how much money are we talking about in Item 50?
Mr. Odio: They, they are requesting $12,000. I am recommending we deny funds
based on the no funding policy, we have also, - all I have is my notes
Commissioner. They also want, and this is important, they want and we
recommend that you approve this, a request that this event not be counted as
one of the two allotted per year in the City because of the zoning ordinance.
The Police Department recommends that the request that the fair remain open
until midnight on Saturday and Sunday be denied because...
83 March 13, 1987
t
a �
Mr. Plummer: All right, can you give us somewhat of a breakdown on the
$12,000?
Mr. Odio: They want to cover the cost of fire, police services and permits
for building and zoning for the fifth fair, that's the information that I have
and again we already bought an allotment of tickets for a substantial amount.
The fair has had profits in the past and I'm still strongly against it.
Mayor Suarez: There's no representatives here from the Municipios?
Mr. Plummer: Mr. Mayor, most likely they're trying to get their fire ridden
building back out and that's why they're not here.
Mayor Suarez: Do you want to just go ahead and make a motion?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I don't care.
Mayor Suarez: Let's get this over with.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: You want to give them half? Miller? I'll make a motion that we
give them fifty percent, $6,000.
Mr. Dawkins: Second.
Mr. Carollo: How much J.L.?
Mr. Plummer: Half... six
Mayor Suarez: So moved and seconded. I think there's an implication there
that they have to become self-sufficient at the end of two years or we go down
to zero after two years.
Mr. Plummer: Fine.
Mayor Suarez: Any further discussion from the Commission? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-263
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $6,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE CUBAN MUNICIPALITIES FAIR
CORPORATION CARNIVAL TO BE HELD ON THE GROUNDS OF THE
FLAGLER DOG TRACK, 401 N.W. 38TH COURT, ON APRIL 9-12,
1987; FURTHER DECLARING THAT SAID CARNIVAL SHALL NOT
BE CONSIDERED AS ONE OF THE TWO ALLOWED EVENTS PER
SITE PER YEAR FOR ACTIVITIES OF THIS TYPE; SAID
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH ADMINISTRATIVE POLICY NO. APM-1-84,
DATED JANUARY 24, 1984.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
84 March 13, 1987
48. TENTATIVE ALLOCATION OF $30,000 TO FLORIDA HOUSING COOPERATIVE FOR
ACQUISITION OF PROPERTY AT 626 S.W. 4 AVE. WITH STIPULATIONS.
Mayor Suarez: Item 51. Florida Housing Cooperative, Inc. We're going to
sign, seal and approve your $30,000 community development block grant.
Mr. Carollo: So moved.
Mr. Dawkins: Second.
Mayor Suarez: This was a... Moved and seconded. This was from eleventh year
funds.
Mrs. Kennedy: Wait, wait, wait, wait. I have a lot of questions here.
Basically, I think it's a good project, don't take me wrong, but you're
talking about having a balloon payment of $7,000 when your net operating
income is $4,000 at the end of the year. How are you going to make up that
difference?
Mr. Godoy Sr.: We changed the contract. We explained to Mr. Gereaux and we
have the contract already here
Mayor Suarez: OK, wait a minute. I see Jerry nodding as if he can explain
all of this to us in no more than thirty seconds.
Mr. Godoy Sr.: For three years .... We extended to three years the balloon.
Mayor Suarez: OK, Doctor, let's see if our own staff can tell us.
Mr. Jerry Gereaux: Mayor and Commissioners, since writing the report you
received in your Commission file and indicating my concerns to the
representatives of Florida Housing Cooperative, they have furnished me with
evidence that the balloon payment will be held in abeyance for three years
from the date of acquisition rather than one year.
Mr. Plummer: But we don't have that.
Mr. Gereaux: Don't have what sir?
Mr. Plummer: Do we have that in our backup, I didn't see it.
Mr. Gereaux: No, you do not have that in your backup because I got it too
late to be able to convey to you, sir.
Mrs. Kennedy: Jerry, do we have an appraisal of this property?
Mr. Gereaux: We don't have an official appraisal of the property....
Mrs. Kennedy: How do we know it's a good buy?
Mr. Gereaux:.... and I do not believe Florida Housing Cooperative does either,
but our market research indicates that the proposed acquisition price of the
property, thirty-two thousand and some change per unit, is well within the
market for light -type units in that market area -- the market area where the
building is located.
Mr. Dawkins: And the building is located where?
Mr. Gereaux: 626 S.W. 4th Avenue, Commissioner.
Mrs. Kennedy: See, the thing is that you really, you're cutting it so short.
What is the assessed value of the property? What if the taxes go up? What if
there are major repairs?
Mr. Gereaux: Those are all things that need to be considered, Commissioner.
What you have before you from the Florida Housing Cooperative is a proposal of
85 March 13, 1987 `'
s
a very preliminary nature. However, based on the information we do have, in
giving that the balloon payment can be set back for three years rather than
one year from the date of acquisition, on its surface the project appears that
it's going to be feasible to undertake. Now, I have, as you saw from my memo,
I have certain concerns about the proposal that I feel need to be addressed,
but after having said that I would like to also say that these gentlemen have
been here several times in the past and they find themselves in what is kind
of a circular situation. For example, the affordability of the building after
conversion, and remember they want to hold it in rental status for one year to
see how the building works, is contingent according to the represent avives
here upon obtaining surtax financing, which they do not have at this point in
time. I've done some calculations myself and feel that the building will
still be affordable to low income cooperative shareholders with or without the
surtax funding. But that is a point that I think needs to be brought to your
attention, but the circular argument that we find ourselves in is these
gentlemen are trying with a great deal of difficulty to get the Commission to
release the funding. They can't get surtax funding until they have control of
the building and it's one of those kind of projects where there is an element
of risk involved.
Mrs. Kennedy: No, I understand that and I appreciate that. It's just that
there is, you know, it's cutting it too, too, tight. You have to assume that
the numbers are correct. You have to assume that the apartments are going to
be leased out. There are a lot of "ifs" up in the air.
Mr. Plummer: How does the City get its money back?
Mr. Gereaux: Well, the City could get its money back through a deferred loan;
it would take quite sometime for the money to get back. My original
understanding of this, and remember we have to go back two years, is the
money, I believe, was originally allocated for Florida Housing Cooperative's
use back around the tenth CD year, which would have been two or three years
ago, and the intent was that the money be a grant which you saw from my m9mo I
don't think is necessary. With the limited resources we have avail8 le to
provide housing, I feel that a loan situation with reasonable terms ccild be
structured to make the project work and allow us to get our money back over a
period of time. Now after having said that, I want to point out that because
of the preliminary nature of the proposal, staff has not had the time to
structure those terms exactly. If asked for a recommendation, and I haven't
been yet, if the City Commission feels that this project has a chance of
succeeding and admittedly, there is a chance that it might not, that contract
be structured...
Mr. Dawkins: Well, let me say something —wait a minute, hold it. They have
been here for three, for four years, OK, and we keep telling them the same
thing, if and when and what, OK. That land isn't going any place. If you put
$30,000 in it and they are not able to fulfill their agreement, nothing says
that you cannot buy the land and get your $30,000 out of it. So let's go
ahead and give them the $30,000, let's see what they can do and I mean, I've
had it up to here with every year we tell them, every year I tell you come
back, come back, come back. I mean, and after a while, I mean, you got to be
awful strong to keep coming back.
Mayor Suarez: You said it was feasible. Nov maybe you want to take it back
now, but you said it was feasible.
Mr. Dawkins: I move that we give them the $30,000
Mayor Suarez: I don't know how many years...
Mr. Dawkins: I move that we give them the $30,000 which we allocated to them
and that we put some kind of stipulation on it, that in the event that they
are not able to get the funding that they need, that the City of Miami go
ahead and purchase the land and put affordable housing in it.
Mr. Plummer: Well, is that, do I understand you, that's a loan?
Mr. Dawkins: Yes. Well, a loan and if they don't pay it back I mean the land
isn't going anywhere.
Mayor Suarez: We get a lien on the land?
86 March 13, 1987
1i
Mr. Dawkins: That's all.
Mr. Plummer: Am I then to understand t'--` 4--'''' 'v-1-1 be -trl—&—red in such a
way that the downpayment would, Mr. Gereaux.
Mr. Gereaux: Yes, sir.
Mr. Plummer: Am I to understand that this downpayment which is going to be
the loan is structured in such a way that it would only be paid to the bank? _
Mr. Gereaux: The way I would structure it is through a legally binding
contract acceptable to the attorney and the administration so the money...
Mayor Suarez: But the money goes to the Florida Housing Cooperative, not...
Mr. Gereaux: ... would go to the Florida Housing Cooperative under certain
terms and conditions.
Mayor Suarez: Sure. To be spent for the acquisition.
Mr. Gereaux: ...to be spent for the acquisition of the property -
Mr. Dawkins: ...acquisition of the land.
Mayor Suarez: We've done that many times.
Mr. Gereaux: ...with a reverter if they don't meet the requirements...
Mr. Plummer: Well, OK, the point I'm making is that that money would not be
payable until the closing...
Mr. Gereaux: Correct.
Mr. Plummer: ... and could only be used for that purpose.
Mr. Gereaux: Correct.
Mr. Plummer: Now, let me ask you again, on the balloon, because you're
showing here the balloon is $7,000 for one year; you're saying that that
structure has changed.
Mr. Gereaux: Yes. I'm saying that I indicated that as a major concern to the
proposers and they provided me a letter saying that the balloon would be
restructured so it was not due till three years from the date of the closing
as opposed to one which was my big concern. The cash flow didn't make the
project work.
Mr. Plummer: Well, OK, here's my point. You're showing or they're showing, I
don't know whose budget this is, somebody's budget...
Mrs. Kennedy: Wait, are these actual numbers or projected, or?
Mr. Gereaux: These have to be looked at at this point as preliminary numbers
from staff's point of view. However, in looking at them, they look like
realistic numbers. But, I would want to go on one step further and say that
if the funding is released for this project, I would want it released to
accommodate the concerns that I expressed in my memo which you have in your
package and that it be in a contract whereby if the project turned out not to
be feasible for any reason, that the building would either have to be sold or
that Florida Housing Cooperative would be liable fo•r repaying the $30,000 to
the City.
Mr. Plummer: My question to you comes, and I don't know if this is your
numbers or theirs. They are showing a proposed annual profit, I guess is the
word, of $49044...
Mr. Gereaux: Right.
Mr. Plummer: Based on that profit, after all expenses, is it reasonable to
assume that this loan would be paid back in say ten years?
87 March 13, 1987 '`
Mr. Gereaux: I really can't answer that question. I have to look at this and
structure a deal that is workable for us for the City and I can't really tell
you Commissioner at this point. I apologize for "-��• •�'^ --�^ ----�•
r'
new to us too. But, I believe that the loan could be paid back within a, I
will go on the line and say it could be structured so the loan could be paid
back in ten years.
Mrs. Kennedy: And, to answer Commission Plummer's question, these are their
numbers, not yours.
Mr. Gereaux: These are their numbers. I'm looking at their numbers.
Mr. Plummer: Well, I'll tell you. Commissioner Dawkins, I would like to
tentatively approve this item, subject to the department completely going over
these numbers and coming back to this Commission in two weeks and telling us
that they have worked out and these numbers are feasible or they are
potentially workable.
Mayor Suarez: How about letting the staff, the City Manager have that
discretion so it doesn't come back one more time. So many times it has come
back, I think we've spent $30,000 already talking about this.
Mr. Plummer: Well, OK, I just...
Mr. Dawkins: OK, I'll accept that amendment J.L.
Mr. Plummer: 09, I have areas of concern in the idea of the payback and I'll
tell you, Mr. Gereaux, for the record sir, the only thing acceptable to me for
nonpayment of the repayment of the loan is default and the property assumes to
the City.
Mr. Gereaux: Me too.
Mr. Plummer: That's the only thing excepted to you too? That's fine sir, we
agree.
Mrs. Kennedy: And, if you want to be real conservative, you can keep seven
thousand in escrow.
Mayor Suarez: Can we agree on letting the City Manager have the final say on
this and not have to come back to the Commission?
Mr. Plummer: That's all right with me, yes.
Mayor Suarez: Thank you.
Mr. Dawkins: No, see if we do that the City Manager's going to feel left out
in left field. I mean, let's don't...
Mayor Suarez: He's already left out in left field.
Mr. Dawkins: Don't stop here, let's put the responsibility where it's
supposed to be, right here.
Mr. Plummer: You want to bring it back here in two weeks?
Mr. Dawkins: We're the people you all voted for, OK.
Mayor Suarez: It's just that then, we really haven't done anything except to
tell you to continue negotiating.
Mr. Plummer: Well, but Mr. Mayor, in all fairness to this Commission, we
don't have before us the facts that Mr. Gereaux has before him. As far as the
balloon mortgage is concerned, he has said that he has not gone over these
numbers in sufficient detail, so I think bringing it back in two weeks in
final form is what we should do. You want to bring it Commissioner back to
the Commission...
Mr. Dawkinss I'm voting yes now for next week.
Mayor Suarez: He's voting yes now for next week, I'm voting you now for next
week.
88 March 13, 1967
Mr. Plummer: That's fine with me.
Mrs. Kennedy: I'm voting the same.
Mayor Suarez: You've got two votes. Apparently, you don't have three for
next week so we're going to have to bring it back next week.
Mr. Plummer: Next Commission meeting.
Mayor Suarez: Next Commission meeting.
Mayor Suarez: OK, we have a motion and a second to refer back to you with
that rather strongly worded recommendation that we accept.
Mr. Plummer: We accept it in principle.
Mayor Suarez: And we just want you to make sure that you have the details
worked out and can tell us that you're satisfied by next Commission meeting.
Put it on the consent agenda or whatever you can do, please.
Mrs. Kennedy: No.
Mayor Suarez: Commissioner Kennedy will pull it out of the consent agenda if
it's on a consent agenda anyhow, so... We have a motion and second.
Mr. Plummer: Yes, sir.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-264
A MOTION TENTATIVELY APPROVING THE ALLOCATION OF
$30,000 (FROM 11TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS) HELD IN ABEYANCE UNDER MOTION 86-370 OF
MAY 7, 1986 FOR ACQUISITION OF PROPERTY LOCATED AT 626
S.W. 4 AVENUE, SUBJECT TO THE CITY'S HOUSING
DEPARTMENT THOROUGHLY REVIEWING THIS ISSUE AND
VERIFYING FOR THE COMMISSION THAT THE NUMBERS USED BY
FLORIDA HOUSING COOPERATIVE INC. ARE TOTALLY FEASIBLE
AND WORKABLE; FURTHER PLACING A STIPULATION THAT IN
THE EVENT THE ABOVE NAMED ORGANIZATION IS NOT ABLE TO
GET THE FUNDING WHICH THEY EXPECT TO RECEIVE, THE
- PROPERTY SHALL THEN REVERT BACK TO THE CITY; AND
FURTHER REQUESTING THE ADMINISTRATION TO COME BACK IN
TWO WEEKS WITH A REPORT FOR THE COMMISSION'S
CONSIDERATION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: OK, we're almost there gentlemen.
89 March 13 1987 t
J}t
----------------------------------------------------------------------
49. A -SCHEDULE PUBLIC HEARING FOR PARKING PROBLEMS IN AREA OF S.W. 19 STREET
BETWEEN 22 AND 27 AVENUES.
B-REFER TO CITY MANAGER COMPLAINTS RECEIVED WITH ONGOING TRAFFIC PROBLEMS
IN AREA BETWEEN 9TH AAD 13TH STREETS AND 12TH AND 18TH AVENUES.
------------------------------------------------------------------------------
Mayor Suarez: Item 52, Neighborhood Preservation league of Miami. Do you have
any representatives here?
Dr. Alonso: Mr. Mayor, Commissioners, I'm Dr. Alonso; my address is 1910
Brickell Avenue. We are bringing today to your attention, three problems that
our neighborhood are having. I know that it is frequently this kind of
problem in many of our neighborhoods, but at least in these three problems,
our community is working and is willing to help in these three problems. In
the 21st street, between 18th Avenue and 19th Avenue, we are facing a very
serious problem, especially during this time with the standing water. During
the rain season that is now and run to over the months of October, that
neighborhood is having a very, very serious problem. Many of the houses in
that neighborhood are having the water inside of the house. We collect the
signatures of most of the neighbors and we sent to the City Manager, Cesar
Odio, ...
Mr. Plummer: Dr., excuse me, we spoke about this this morning. Where's Mr.
Cather? We asked about the sewers and asked when they would be in and as I
recall his answer, the final design, was to be by the end of the year and the
improvements were to be by 1988.
Mrs. Kennedy: I asked him...
Mr. Plummer: Rosario brought it up this morning.
Mrs. Kennedy: ...when the sewers would be completed in the City and he said
by the end of the year.
Mr. Plummer: And, the most important part, my question was, have you got the
money to complete it and the answer was yes.
Mrs. Kennedy: That's right, and he said yes.
Dr. Alonso: Beautiful.
Mrs. Kennedy: Great.
Dr. Alonso: Very good.
Mr. Plummer: Next item.
Mrs. Kennedy: All set.
Mayor Suarez: Now, you still have to monitor to make sure it gets done in
time and everything else.
Mrs. Kennedy: Let me tell you, you have more agencies than the City of Miami
has.
Dr. Alonso: I know, I know. I remember a few years ago when we were having a
serious problem with the sewer, sewer that Mr. Cesar Odio, at that time
Assistant Manager, went to all the places with us and really, the problem was
resolved. Today, he is our Manager
Mayor Suarez: Those are the good old days.
Mr. Dawkins: La Carrots. You know when the water was coming back up in La
Carrots on S.W. 8th Street, you couldn't get in there. That's right.
Dr. Alonso: We are facing another problem in the 19th Street, S.W., between
22nd Avenue and 27th Avenue. That is a traffic problem. It's a very narrow
place in that area. There are many, many accidents, including, I had sometime
ago, myself, I have one. The problem is that many people park in both sides
90 March 13, 1987
of the street. You bring also that today, Cesar? Two years ago, we sent
signatures to the traffic department and transportation department and we
never got a result. We want to see maybe the manager can't recommend Mr.
Pereira or Mr. Jimeno, some people that care about the problems in this City,
and give to us a hand to resolve the problem that we are facing in that
neighborhood. One of the problems that we request from you today is to put
one stop in each place of the 24th Avenue, in each corner of the 24 Avenue and
19th Street. At least we will remedy it or alleviate a little bit of the
problem in that area. But the problem is more serious, but at least if we get
that, we will be beginning something. I really need your help.
Mr. Plummer: Mr. Mayor, I would make a motion that we schedule as we have
done in the other areas where this has been applied a public hearing so that
the neighbors themselves have the right to come and speak to the issue. I
would also incorporate in that same motion, because the real problem the
Doctor speaks about is that both sides of the street are used for parking and
it's like a thirty-five foot -wide street. So I would include in the public
hearing that we address both the issues of the stop signs and the possibility
of only one side of the road being used for parking, but let the neighbors
speak to it and I so move.
Mayor Suarez: So moved. That public hearing would be held here? Is that
your idea?
Mr. Plummer: Sure, We would hold it here on the 9th of April.
Mrs. Kennedy: I'm sorry. What's that?
Mr. Plummer: To hold a public hearing.
Mr. Dawkins: Second.
Dr. Alonso: What day it will be?
Mr. Plummer: To hold a public hearing on April the 9th, to address the two
issues...
Mayor Suarez: We're talking about a public hearing within our regularly
scheduled...
Mr. Plummer: Agenda, yes, as we always do and we did in Bay Heights, in Bay
Point, Belle Meade...
Mayor Suarez: Advertise a public hearing so that all...
Dr. Alonso: Do you think that it can be after 6:00 o'clock in order that the
neighbors can come? Good.
Mr. Plummer: How about five and it will be mas o menos.
Dr. Alonso: Good. OK, Dr. Miriam Alonso will present the other problem that
we are facing.
Dr. Miriam Alonzo: Also we have another problem and it's the area between 9th
and 13th Street..
Mr. Plummer: Wait a minute, you got to call the roll on that.
Dr. Miriam Alonso: Oh, OK.
Mayor Suarez: Yeah, I'm not sure that we need it but let's go ahead and get
it just to be sure.
Mr. Plummer: To schedule a public hearing you do.
Mayor Suarez: Do we have a motion, do we have a second? OK, call the roll.
91 March 13, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-265
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION
TO SCHEDULE A PUBLIC HEARING IN CONNECTION WITH
CERTAIN PARKING PROBLEMS IN THE AREA OF S.W. 19 STREET
BETWEEN 22 AVENUE AND 27 AVENUE AS MORE FULLY
DISCUSSED BY THE "NEIGHBORHOOD PRESERVATION LEAGUE OF
MIAMI" AST THIS DAY, SAID PUBLIC HEARING TO TAKE PLACE
ON APRIL 9TH, AT 5:00 O'CLOCK P.M. AS PART OF THE
REGULAR AGENDA.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Dr. Miriam Alonso: OK, the other problem is between 9 and 13th Street and
between 12th and 18th Avenue. We have a serious problem again with cars that
park on both sides of the street. What we would like to suggest to this
Commission and perhaps the City Manager can help, if the type of work that has
been done in some areas of the roads and also in certain areas close to
downtown Miami to remove the green area and have it for parking space...
Mayor Suarez: The parkway.
Dr. Miriam Alonso: Yes. It will help tremendously the area because it
creates lots of problems, people going both ways of the street and having cars
both sides. It's a serious problem and especially between these locations,
9th and 13th Street and between the avenues 12th and 18th. It's becoming a
very serious problem.
Mr. Plummer: I would ask the City Manager to look into and report back to
this Commission.
Mayor Suarez: That's the kind of thing too that will eventually have to be
considered by the neighbors as a whole because some might not like the idea of
eliminating the parkway.
Mr. Plummer: Well, Mr. Mayor, you lived in that neighborhood and also the
problem is that the streets are not through; you get to 14th Avenue, you've
got to make a left, and then a right, a left and a right to get out of there.
That's one of the problems.
Dr. Miriam Alonso: Perhaps one of the solutions would be to make it only one-
way streets; that might alleviate the problem for the neighborhood, but it's
something that the neighbors feel very strong that we have to find a solution
that help the neighborhood.
Mayor Suarez: And you have a lot of one way's between 12th and 17th north of
16th Street.
Mr. Plummer: Well, that's from 1st Street to 8th Street.
Mayor Suarez: Closer to 8th Street no, maybe, maybe...
Dr. Miriam Alonso: But between 17th and the roads area, we don't, so it's
where the problem comes.
Mayor Suarez: OK, so we're going to send that back to City Manager for
further study and recommendation to the Commission?
92 March 13, 1987
•
it
Mr. Plummer: Yes.
Mayor Suarez: That's in the form of a motion?
Mr. Plummer: Yes.
Mayor Suarez: So moved, seconded. Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-266
A MOTION REFERRING TO THE CITY MANAGER COMPLAINTS
RECEIVED BY CITY RESIDENTS IN CONNECTION WITH ONGOING
PROBLEMS CREATED BY CARS PARKED ON BOTH SIDES OF THE
STREET IN THE AREA CONTAINED BETWEEN 9TH AND 13TH
STREETS AND 12TH AND 18TH AVENUES; FURTHER REQUESTING
THE CITY MANAGER TO REVIEW AND STUDY SAID COMPLAINTS
AND TO COME BACK TO THE CITY COMMISSION WITH HIS
RECOMMENDATION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you for your presentations.
Mr. Plummer: You're getting much better; you got three out of three.
-----------------------------------------------------------------------------
50. MAKE SYMBOLIC PLEDGE TO SUPPORT "FOOD GARDENS PROJECT" ;TO IDENTIFY LAND
REQUESTED; COMMUNITY DEVELOPMENT TO STUDY POSSIBLE ALLOCATION OF $30,000
Mayor Suarez: The Food Gardens Project. Rick Walsh.
Mr. Rick Walsh: Thank you. Fellow Commissioners, Mayor Suarez, thanks for
taking the time out to hear from us. I think you'll find it an enjoyable
time. I'm here with a group of people, including Diane Silverman from End
World Hunger. We have the children from St. Brendans School, we have Richard
Glemann, who's representing the Coconut Grove Jaycees and we're also expecting
T. Willard Fair from the Urban League if time permits.
Mr. Dawkins: He's here.
Mayor Suarez: He's here.
Mr. Rick Walsh: My name is Rick Walsh. My address is 670 N.E. 59th Street.
I live in the Morningside area and that's kind of the start of it. I've
always, you know I've been a good citizen, I'm a member of the civic
associations, I take care of my property, and it kind of ends there. And I
had a friend, he came into town a few weeks ago and he shared with me his
experience with what happened with him when he got off the plane. He came in
for the first time and got into a taxi and he asked the taxi driver, he said,
Listen, he said tell me something about your City, I'm new here." And the
taxi driver said to him, he turned around and said, "Well, we're number one in
the murder rate. And that really left an impression on me because I know
that's not what Miami's about, but somehow that's being communicated, and it's
93 March 13, 1087
not the taxi driver. He wasn't wrong; I think he's reflecting more of an
attitude of what's going on here in Miami and what, that got me to thinking
t" ••-II, what kind of a cause do we have here, something that we could
kind of get behind, something that might include all the young and the old,
all races, religions, etc., something that really makes a difference in this
community, something that's bigger than all the crime and everything else,
something we may have to work at to achieve, but something that would tell
something about who we are. And, what I got the idea of is actually as a
community, making a pledge to doing something that makes a difference. And my
thought was ending hunger. And it just seemed like, wouldn't that be kind of
neat, just to have something to demonstrated, a pledge that demonstrated who
we are and what we're about here in Greater Miami, kind of expressing the
heart of the City. And I think the recognition of Miami in the world --
nationally, internationally -- as a city in the process of ending hunger, as an organized community effort, I think will far outstrip any public image
benefit that we get from these short-term catchy ad campaigns. Not to say
that we don't use them, but I think we'll got a much greater benefit in terms
of who we are. And, I guess you know that the new campaign the Beacon Council
came up with in "Miami, We Have What You Want". And what I'd really like that
to say is well, not only we have the sun and the beaches and the favorable
business environment, but I'd also like it to say, "Miami, we have what you
want, a city with a heart," because truly for the last thirty years, this City
has been demonstrating that. We've been taking in people from Central
America, South America, Cuba, etc., throughout the Caribbean -- Haiti, Puerto
Rico, I don't want to leave anyone out, but we've been taking people in,
training them, and giving them an opportunity to become part of the community
and do these things. And I really just see that ending hunger in this spirit _
of cooperation and self-reliance could be a real statement about who we are in
Miami and in this process, I came across a woman, Diane Silverman -- she's
Executive Director with End World Hunger --that's involved in one project, of
which many are possible, that can actually support this vision, this pledge,
for Miami. And I'd like to invite her to come up her and speak. I also have a
few brochures which I'd like you to see and you can refer to them.
Mayor Suarez: Proceed Diane.
Ms. Diane Silverman: Hello, my name is Diane Silverman, and I live at 630
N.W. 19th Street in Fort Lauderdale, although I lived in Dade County for a
very long time and my heart is here. The Community Garden program that Rick
spoke to you about is something that my organization, End World Hunger, has
been funding in Fort Lauderdale since 1983. We started with 20 food gardens
and today there are 250 food gardens. That is over 1,000 people that are
ending hunger for themselves, with a hand, not a handout, and what these
community gardens look like, I guess you would call them planter boxes. They
are four feet long, and sixteen feet wide, and about 18 inches tall, made out
of landscaped timbers and they are filled with top soil. The actual soil that
we have here isn't the greatest for growing things, and neither are we trying
to bring farms to the City. These are very nice looking, you could call them
landscaped planter boxes. I call them garden spots. The thing that is so
wonderful is that you get a community together, for example, let's talk about
Coconut Grove. Coconut Grove... let's talk about Dade County. Dade County
has 300,000 hungry people, always 300,000 people that are hungry. Half of them
get food stamps, the other half don't. All of these people live in places
that have a piece of land next to them, but they don't have the use of that
land on their own. What they do is we get them together as a community and
find out which neighborhood wants to grow food, and then we work with them to
find the property as close to their own house, set up the planter boxes, teach
them how to grow their food and provide everything they need, so that after
the first couple of growing seasons, they are totally self-sufficient, so it
is a one time investment that we spend to provide the materials and the
training for people to be able to grow their own food, so that they become
self sufficient.
Mrs. Kennedy: Mrs. Silverman, let me ask you something. This certainly
sounds like a great project. It gets the community involved, it gets the kids
involved and it looks beautiful. My question is, what happens, if the land
goes up in value? What if a developer comes and wants to tear it down and
build something? You don't have the title of the land.
Ms. Silverman: That's correct. The way that we have been doing it, up until
now, we used public land, or land inside of HUD projects. Now, we made a
94 March 13, 1987
proposal to Metro -Dade O.C.E.D. and they have accepted the proposal and they
have oledeed $30.000 funding and total support of HUD and total support of the
County to provide public land and land inside of the HUD project. As a matter
of fact, the first gardens that we planted in my...
Mayor Suarez: Well, let me see if I can cut through this. The containers
that you have described are movable, are they not?
Ms. Silverman: Yes, you pick them up and move them.
Mayor Suarez: OK.
Ms. Silverman: And we want to place them as close to the person's back door
as possible. We are not trying to put them down the street. Now, for
example, we did 26 gardens with the Urban League of Greater Miami. Mr. Fair
is here, maybe he will speak about it a little later, and so the Urban League
pledged their land for their people to grow their own food, so you see, it is
really quite a very simple, more of an organizational kind of program, out of
our commitment to end hunger. The simplest, and most direct way to do this,
we have found, is to get everybody involved in doing it.
Mayor Suarez: Let me ask a question of staff. Mr. City Manager, when is the
Community Development Block Grant allocations due? When are they due?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Their fiscal year begins when?
Mr. Odio: June, I believe.
Mayor Suarez: Suppose that at the end of the presentation, we were to find
that the Commission wanted to set aside the first $30,000 of all the C.D.
Block Grants for the next year, to be used for this purpose, Mr. City Manager,
could that be done?
Mr. Odio: I'm sorry, Mr. Mayor, would you repeat that again? I did not hear
you.
Mayor Suarez: If we were to set aside and tell you that as a priority, we
wanted the first $30,000 before any of the other monies were allocated from
Community Development Block Grants to be used for this purpose, because of the
high priority nature of it? Would that be...
Mr. Odio: If you change your priorities because you told me it was food, and
what I am saying is...
Mayor Suarez: This is food, I mean, you know.
Mr. Odio: ...well, what I'm saying is we are not going to fund any new
programs. We are going basically with the same recommendations from the last
year's allocation.
Mayor Suarez: OK, but we would be deducting $30,000 proportionately from all
the other ones, if we set aside $30,000 for this purpose.
Mr. Odio: Well, what I was...
Mr. Plummer: In all fairness, Mr. Mayor, you know, what we have done in the
past, is to allow this group, as well as any other group, to come down here in
an open and fair discussion to make their promises all at the same time. I
assume we are talking of the social money that we put out from that...
Mayor Suarez: Yes, not the economic development, obviously, although this, is
a sense, is economic development too.
Ms. Silverman: It is economic development. You see, we are not talking about
feeding people. We are talking about providing people the opportunity to
experience their own sufficiency, and get together as a community.
Mr. Plummer: Diane, that is not my problem. Hey, I understand you fully.
What I am saying is...
95 March 13, 1987
Mayor Suarez: We set up a procedure and... yes.
Mr. Plummer:... in ",e LoArness, we have a procedure, and in that
procedure, all people have the right, at the same time, to make their request.
I don't think it is fair to give you a priority over any other group, or any
other group over you, and I would say...
Mayor Suarez: And we happen to be just starting a procedure, we are just
about to begin it, and I think you are going to do quite well in it.
Mr. Plummer: At that time, is when you should be making your presentation as
an allocation of money for that, and I...
Mayor Suarez: Not to say that you have to keep coming back, we will take into
account whatever you said today.
Mr. Odio: Commissioner Plummer, we will have a public hearing in the second
meeting of April and the first meeting of May, and they can make their
presentation...
Mayor Suarez: Frank, what about a top of the head legal opinion here from you
that this could also be economic development because of the way the program
happens to be described?
Mr. Castaneda: I would have to say that I did not hear the original
presentation.
Mayor Suarez: OK, well, maybe in connection, if the Commission sees fit to
send it back to you for consideration, under a C.D.B.G. Block Grant
application, then you will have to consider both sides of the equation. It
may be that we granted the first project ever that can qualify under both
sides.
Mr. Plummer: That is April 23 and May 14?
Ms. Silverman: Well, one thing I would like to...
Mayor Suarez: Are we going to get to hear from the...
Ms. Silverman: Yes, I want to call on the children, and also Mr. Fair, and I
want to say this, I want to say that the...
Mr. Plummer: Is it less money this year?
Mayor Suarez: He yields to the children.
Ms. Silverman:... thing that is exciting, and the reason that I would like you
to listen to the children is because ending hunger is something the entire
community can get behind, whether you are young, or old, and I would like to
present some of the children from St. Brendan's School, because we did an
ending hunger briefing for the archdiocese and their teacher, Angie Fernandez,
heard about the program and mentioned it to the children and the children got
involved because they could see that their actions would touch the future,
that they actually make a difference, and so I think that the children's
excitement illustrates what could then become a community's excitement in a
project that really represents the heart of our people, so I would like to
call on the children from St. Brenden's.
Ms. Denise Gonzalez: Good afternoon, we are some of the sixth graders
representing St. Brenden Elementary School, and we are here to talk to -na
about ending world hunger.
Mr. Plummer: Give us your name.
Ms. Gonzalez: Denise Gonzalez. We have studied many facts about world
hunger, facts convincing enough that motivated us to do something about it,
starting right here in our own community. We discovered the perfect solution
to ending hunger in our community through community gardens. We decided to
make community gardens our own project. The efforts of community gardens is
to give a hand, not a handout. Another thing that motivated us was our theme
for Catholic School Week. Catholic school's touch the future and we found the
perfect way to touch the future.
96 March 13, 1987
M r��l
Ms. Susie Moran: Community gardens is a...
Mr. Plummer: Wait a minute. What is your name? Tell us your name.
Ms. Susie Moren: Susie Moren. Community gardens is a project that provides a
permanent solution to the problem of hunger. Every $50 that we raise enables
five hungry people to a garden. Community gardens provides the tools, the
seeds, the land, and the training that they need in order to raise their
crops.
Mr. Alex Gomez Pina: My name is Alex Gomez Pina, and I am here to say that
another thing that convinced us was the American Catholic Bishop's document on
economic justice for all. In this document, it is stated that the poor and
vulnerable are our responsibility, individuals in the community, so we have to
help. We were so convinced by this document, that we engaged in a four day
bake sale. We stayed up late every day at least four days, baking cookies,
cakes and making cupcakes, brownies and cookies for the following day; then we
sold them for a quarter a piece around the school. We had a lot of help from
the students and faculty and the parents did their share by putting up with
the mess we had at home, and giving donations. This is one of the many
posters that we put around the school to advertise our bake sale.
Mr. Plummer: You want us to stand on our head, right?
Mr. Dawkins: Tell him that will cost him $1.00 instead of a quarter, tell him!
Mr. Pina: And 20 percent of Overtown is hungry, so those gardens would really
come in handy. Not only do the gardens feed the people, but they build up
their pride and self-esteem, make the community look much nicer and lower the
crime rate. We have to change and to change, we have to have power, and to
have power, we must organize, and to do this, we have to work with teamwork,
cooperation and participation and that is what we did. In the four days
alone, we raised over $1,000. Now it's up to you.
Mr. Frankie Fernandez: My name is...
Mr. Plummer: Wait a minute, the look on your face, I want to tell you, I am
prepared!... because if I ever saw a dirty devil getting ready to speak, you
are going to be! (LAUGHTER) He has been sitting back there, just biting the
bit to get to that microphone.
Mrs. Kennedy: Doesn't he look like a politician, though?
Mr. Plummer: I wouldn't put him in that category! All right, who are you?
Mr. Fernandez: Frankie Fernandez.
Mr. Plummer: OK, Frankie, tell us your sad tale of woe. I'm going to blow
his computer yet! (LAUGHTER)
Mr. Fernandez: Mr. Mayor and Commissioners, we are only 11 and 12 years old,
and in four days we have raised over $1,000.
Mr. Plummer: Upside down!
Mrs. Kennedy: Upside down again!
Mr. Fernandez: We have raised over $1,000 just for this project and imagine
what will happen if the City of Miami joined us.
Mrs. Kennedy: Imagine.
Mr. Fernandez: Right now we are now offering you a chance to get a big burden
off your back. If you give us $30,000, you know it is going to be used
wisely. It reduces the crime rate, enhances the beauty of the community where
they are placed, and builds the self-esteem of the people. I think that this
should be enough to convince you that community gardens does deserve the
$30,000, and just to remember us, we are going to give you these newspapers.
Mr. Plummer: How come you didn't bring us a cupcake?
97
March 13, 1987
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Mr. Fernandez: We ran out!
Mr. Plummer: Thanksl
Mayor Suarez: They deserve a hand of applause) (APPLAUSE) Very good; thank
you.
Mr. Rick Walsh: When I see those kids, I get so moved, because I know that
who we are as a community. They seem to know. I'd like...
Mr. Plummer: I've got to ask you a question. Was this selected with the Ahern -
Plummer Funeral Home ad on the back for a reason?
Mr. Walsh: That was strictly by accident, I'm sure.
Mrs. Kennedy: Surel (LAUGHTER)
Mr. Plummer: I mean, is that a conflict of interest, or what?
Mr. Dawkins: No, that means, J. L., that Carollo and I have just decided that
for that ad, you will donate $5,000, the Funeral Home, right? (LAUGHTER)
Mayor Suarez: You know, that is the first time they clapped for you out here
In a long timel
Mr. Plummer: You know how I am going to get them $5,000, don't you? I am
going to bury those two! (LAUGHTER) You heard the applause for that one,
didn't you?
Mr. Walsh: Briefly, I'd like you to meet a member of the Coconut Grove
Jaycees. Richard Glemann, and he would like to just share with you briefly
about the excitement going on with the Jaycees.
® Mr. Richard Glemann: Honorable Mayor, Commissioner, you are all aware of the
reputation which the Coconut Grove Jaycees has, and how dedicated we are to
seeing that Miami is a community that is going to be a showplace for the
world. We are always looking for projects to get involved in. I am here
representing Carlos Chialastri, our president, who could not be here because
of business reasons right now, and I am also prepared to take on the
chairmanship of this project, which will be presented to our Board of
Directors at their next meeting, and I can tell you now, we have privately
polled our current officers, and there just seems to be tremendous support
behind this project and we are hoping to take this project from Miami to
solicit other Jaycee chapters to work with it in Dade County and hopefully to
run it through the entire State of Florida and maybe through the U.S.
Jaycees, as our goal, and we want to see that Miami is the one place where
this whole project started, and we are dedicated to that.
Mayor Suarez: Thank you for that.
Mr. Walsh: Thank you, Richard, so what I'd like, is just basically to sum up
what we are looking for and what kind of support we would like from the City
and first, what we would like, is a commitment by the City of Miami to support
food gardens, and the way you can do that is with funds, $30,000, plus the
extra $5,000 from Mr. Plummer... (LAUGHTER)
Mayor Suarez: That's part of the thirty.
Mr. Plummer: Oh, no, no, that is outside, but you know when you are going to
get paid.
Mr. Walsh: Oh, OK, I'll buy that one. You'll be our friend on the
Commission, there, extra special. Also, we would like some assistance in
finding and using suitable land for food gardens, in any way that you can do
that.
Mr. Plummer: Well, let me make you a suggestion, because I know it has been
done in other places. The Florida Power and Light, all of their property has
many times been used where it is not an expressway, or such, but underneath of
their power lines, that In not used, but they have allowed it for cultivation,
and I would assume that if you contacted both Florida Power and Light, .and
Southern Bell, that you would find that there is a tremendous amount of
property that they own that could be used.
98 March 13, 1987
Mr. Dawkins: Also, J.L., we could get some use out the Metrorail, we could
grow some food up on that..
Mr. Walsh: Turn it into instead of Metrofail, the food project, here.
Mayor Suarez: Under the rails, at this point.
Mr. Dawkins: Under the rails.
Mayor Suarez: Later on they may want to do it on the rails, but at this
point...
Mr. Walsh: Also, what we would like is for you all to... -
Mayor Suarez: Oh, there is a few Off -Street Parking Authority lot that is not _
used particularly much. I think that is a real good idea.
Mr. Dawkins: Mr. Manager, have Mr. Bailey identify for them all of the vacant
property that we have got in Overtown...
Mayor Suarez: Yes.
Mr. Dawkins: ... Park West area that we have bought.
Mayor Suarez: You don't even have to identify it all, but enough for the
purposes of this, it wouldn't be any problem.
Mr. Walsh: My commitment is to have some property and see this up in my area
in the northeast section of town, I think it would be a wonderful project, but
I...
Mr. Dawkins: You want us to take the mini -station?... mini police station?
Mr. Walsh: Oh, well that is... no, the mini -station we will keep, we like
that, thank you very much.
Mayor Suarez: Thank you for your presentation. We...
Mr. Walsh: I have a couple of other things, very quickly, just real quick.
What I'd like to see if they City could provide a liaison within the City
government, someone we could work with on an ongoing basis just to share what
we are doing, give you an idea of some of the innovative projects we may have
to end hunger within the Miami area.
Mayor Suarez: I think Commissioner Plummer would be ideal.
Mr. Plummer: Whoa, whoa!
Mr. Dawkins: Yes, he is used to digging holes.
Mr. Walsh: We'd love to have himl
Mr. Plummer: Whoa, just because I am good with a shovel don't mean that I do
any cultivating.
Mrs. Kennedy: A shovel is a shovel.
Mr. Walsh: I think what you have done there, you have done so well, you could
really make a difference here.
Mayor Suarez: Certainly we will identify the land and we are going to make, I
think this Commission is going to make a referral to the Community Development
Block Grant process that will probably end up in the $30,000 being obtained in
short order.
Mr. Walsh: OK, and there is one other thing, and I think it is probably the
most important, and that is really a pledge by the City to and hunger in this
community. It is a demonstration of who we are and what we here in Miami are
about, and I just informally, you know, just informally, just like to invite
you to pledge with all of us, in that, because the next time my friend Ron
comes off the plane, what I would like to happen is the taxi driver to say to
99
March 13, 1987
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him, "Listen, what Miami is about, we are doing this, we are doing food
gardens, we are doing this, we don't have hunger in this City, we are a City
with a heart," that is what I really would like to can nevt timo
Mayor Suarez: Thank you. I'll entertain a motion to that effect, as far as
the symbolic pledge from this Commission. I think the more real fulfillment
of that pledge will be determined as soon as we go through the process of
Community Development Block Grants.
Mrs. Kennedy: So moved.
Mr. Dawkins: So moved.
Mayor Suarez: So moved and seconded, any further discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 87-267
A MOTION OF THE CITY COMMISSION MAKING A SYMBOLIC
PLEDGE TO THE REPRESENTATIVES OF THE "FOOD GARDENS
PROJECT" TO IDENTIFY THE LAND REQUESTED BY THEM FOR
IMPLEMENTATION OF THE PROJECT; FURTHER REFERRING THE
FUNDING PORTION OF THEIR REQUEST ($30,000) TO THE
COMMUNITY DEVELOPMENT DEPARTMENT FOR POSSIBLE
CONSIDERATION AT THE TIME COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS ARE RECOMMENDED FOR ALLOCATION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you for that beautiful presentation to all of you.
Mr. Plummer: When you call me to come over see that program, don't put me in
with Frankiel... because he will serve me upside down cake!
51. DISCUSSION CONCERNING THE IMAGE OF THE BLACK COMMUNITY OF DADE COUNTY.
Mr. Dawkins: Mr. Mayor, I'd like to bring Madam Muhammad to the mike, please.
Ms. Ayesla Muhammad: Thank you very much. Honorable Mayor Suarez, I'd like
to thank you for the opportunity for letting me come forth to address this
most distinguished Commission. This is my first time coming forth here at the
City of Miami and I'd like to thank everybody for taking the time out. I am
here representing the Black community of Dade County. Right now I don't know
what that population total is exactly, but we do have a problem in our area,
dealing with the economic growth and development, as far as small businesses
are concerned. I'd like to read to you, if I may, an article that was written
by one of the persons who is considered a community activist, Mrs. Carolyn
Jones, if I could have everybody's attention, I won't keep you long. The
Black vendor plight, I just want you to know that we did make the front page
of all the newspapers. We are not protesting, per se, as it has been said,
but we try to bring attention to the City of Miami that there are those of us
that are in the community that would like to see the image of Liberty City
change so that we could have a more positive image so that people would not be
afraid to come to our community. They won't think that the only thing that
is there is drugs and people that are...
100 March 13, 1987
Mayor Suarez: OK, the main concern that you have, because you have given us a
nice philosophical presentation at the request of Commissioner D.►'..:.i;.4, who
promptly walked away after he had you come up to the mike, and you are not
really in the order of the agenda - the main concern that you have got on the
food vendors is the license fees, right?
Ms. Muhammad: Well, at this time, the vendors would like to be considered not
so much as street vendors, but as merchants. We have been having problems
with the agency...
Mayor Suarez: I understand that. We will so proclaim as of today, but
obviously, other merchants paid all kinds of taxes. Now, Mr. City Manager,
are you about ready to make a recommendation pretty soon to this Commission,
on how we can resolve, or alleviate the problem of the vendors?
Mr. Odio: We are going to come out with a flat fee of $300 a year.
Mayor Suarez: Well...
Ms. Muhammad: OK, we had a...
Mayor Suarez: I am going to push for a smaller fee than that, but you hear
from the City Manager, at least we are working on that schedule. You know we
can't... by State law we cannot change the occupational fee schedule so as to
increase the overall burden. We can only decrease it, that's...
Mr. Plummer: We're talking about occupational licenses.
Ms. Muhammad: Yes, well, we have discussed since then, we have had a meeting
since that vendors' situation, and we are not so much asking for a reduction
in the license, but...
Mayor Suarez: What other kinds of things do you i:eed from us?
a Ms. Muhammad: OK, we have met in the uptown city hall, and we're had Mr. Fair
at our meeting, the Urban League, we had Belafonte Tacolcy to attend, we've
had the Dade Chamber of Commerce there on 7 Avenue, and the Martin Luther King
Economic Development, that have all...
Mayor Suarez: Miami Capital was represented there too, weren't they?
Ms. Muhammad: Yes.
Mayor Suarez: The executive director.
Ms. Muhammad: Yes, Miami Capital was there as well, and they have all given
their support of the Black Vendors' Association, of which I am the
spokesperson as well as the president. We are asking that this Commission
consider appropriating a start-up capital, or block grant, to the Black
Vendors' Association for the purpose of getting a four block area, which is 60
Street, between 60 Street on the west side of 7 Avenue, to be utilized as like
a pedestrian type mall, for those of us that wish to sell our wares and to go
further into...
Mayor Suarez: OK9 let me stop you right there, because that is a pretty
grandiose proposal, and we ought to move on at least to the extent of having
Community Development look at that. How about that as a possible Community
Development project?... economic development, on the economic development
side, Frank? Can you consider that and have that be referred to you, that
proposal? I mean it is stated in very general terms right now. I am sure you
are going to want to look at the site that they are talking about and the
possibility of having a promenade, or some kind of a place where the vendors
can display their wares?
Ms. Muhammad: Because, this area that we are talking about is where thousands
of people come every day, and we feel that right now the monies that are
leaving the community through the flea markets, where these people do not live
in our community, however, the money that is made in the community, which
stays exactly 7 hours or less, we feel that this will be able to keep monies
flowing into the community.
101 March 13, 1987
Mayor Suarez: We know your intent, we have talked to you quite a bit about
it, we are going to have Community Development look at it.
Ms. Muhammad: OK, that is one example.
Mayor Suarez: No, that is two. We have done two of your issues and you are
not even in the agenda. Go ahead, what is the third thing, final thing.
Ms. Muhammad: I'd like to mention, Honorable Mayor, I was scheduled for
today, and I did call up and find out that it was left off of the agenda, if
you could check with Jeffrey.
Mayor Suarez: Well, we can put you on another agenda, we have no problem with
that, but we have this agenda to get through. OK, what is the third item?
Ms. Muhammad: OK, thank you. The third is that we also consider getting, if
the City could lease us property, that we might be able to formulate this
market, if that could not be arranged, then we would be happy to arrange that,
you know, to work something out as well.
Mayor Suarez: OK, what about the Martin Luther King Economic Development...
that little terrace that they have there, the courtyard? Did you talk to Sam?
Ms. Muhammad: Well, there have been... Mr. Mason and his board of directors are not too happy about that, so we are willing to sit down and talk with
them.
Mayor Suarez: OK, I am going to talk to Sam and his board of directors and
see why they can't contemplate that in that courtyard, because there is
nothing happening there, and I'd like to see some vendors set up there.
Ms. Muhammad: We would be happy to have that, but I am saying that since hP
was not happy with that, we don't want to come into any conflict.
Mayor Suarez: Well, he is not happy because of the way that the vendors
sometimes have their carts and everything else, but it can be possibly worked
out. I mean, at Bayside they have all these food carts, you know, they are
supposed to be money makers and they are really...
Ms. Muhammad: So in order to do that...
Mayor Suarez: ...desirable. Go ahead.
Ms. Muhammad: Yes, I am sorry. In order to do what we are asking...
Mayor Suarez: Well, that is three, what is four, of it was four, what is
five, then?
Ms. Muhammad: We would like to have appropriated to the Black Vendors'
Association, a sum that would be approved by the City...
Mayor Suarez: OK, the Community Development Department is going to have to
look at that.
Ms. Muhammad:... Manager, perhaps we could work together, but something has to
be done, because right now we are experiencing a lot of problems with the
Police Department, they have their code enforcement that they must follow, and
we are just trying to make a living as decent people and I would like to
know...
Mayor Suarez: How many vendors do you represent? You told us once.
Ms. Muhammad: Well, at that time is was 13, now it is 18, and there are, you
know, those that are coming forth, and we would like to be able to help in
terms of the youth, so that they don't have to be on the corners selling...
Mayor Suarez: We know, we know, we know the reasons. See, there is the guy,
Frank Castaneda from Community Development. You are going to schedule an
appointment tomorrow, I mean, Monday, you are going to start talking to him
about the ideas that you have got, some of which make a lot of sense.
102 March 13, 1987
Ms. Muhammad: OK, thank you very kindly. Are there any questions from anyone
that they Mould like to ask from the Commission as to what we are about,
because I'd like to answer any...
Mayor Suarez: We did get one of the licenses paid, didn't wed
Ms. Muhammad: Sir?
Mayor Suarez: We did get one of the licenses paid for, you are right, OK.
Ms. Muhammad: Yes, and we are very grateful and you know, we are trying to
progress now.
Mayor Suarez: One down and 17 to go, I guess.
Mr. Plummer: Well, the only thing I've got to say, Mr. Mayor, is that, are we
going to be concerned, and I think we should be, at the same time, about the
merchants who do have stores in those general locales... that by virtue of
what is being proposed here, that we don't put those merchants out of
business. I think that has got to be kept into consideration is the merchants
that are there, that...
Mayor Suarez: That is why I keep referring to Bayside, because in Bayside the
Rouse Company, who supposedly is the best in the world at doing this, is able
to have food carts in these vendor type setups right next to shops that
supposedly make millions of dollars a year, and I don't see why we can't do
that in some place that is...
Mr. Castaneda: The complaints from the merchants in the particular case is
that the peddlers do not pay rent and they are taking business away from their
merchants.
Mr. Plummer: Well, you know, they don't pay rent, they don't pay taxes, and
that gives them, let's say, an upper hand and the competitive edge if they
don't have to go through what a merchant has to do. All I am saying to you
is, let's don't help one, and hurt another one. That's all I am saying to
you.
Ms. Muhammad: If I may be able to comment on that, I would like to have this
fact finding committee to investigate that, because though that is said, that
is not really the issue.
Mayor Suarez: OK, it is not going to be a fact finding committee, but it is
going to be a little bit better than that, it is going to be the Department of
Community Development, that is what it is set up for, to give us their best
evaluation of those kinds of competitive...
Ms. Muhammad: Because we have had the merchants to come to us and say, Well,
if we are able to get this space, that they would like to also have a
satellite there because the people right now are coming to pay their bills,
but they are not utilizing those merchants that are claiming that we would put
them out of business, so actually, to have this, you know, type of market, or
open air type flea market there would be beneficial to the merchants, because
it would bring that traffic that is now using the U.S.A. flea market that is
taking a lot of revenue...
Mayor Suarez: OK, you stated that. We are going to have to put an end to
this so we can get on with the agenda, but Community Development is going to
look at all the proposals. Make sure that you connect up with Frank before
you leave here.
Ms. Muhammad: All right, thank you.
Mr. Plummer: Mr. Manager, I want to remind you that this Commission, when it
passed the thing in reference to vendors, one of the stipulations was thet
each and every vending cart was to have a sales tax and a Federal I.D. tax
number. I am telling you that I have been downtown and some of them do not
have, or display their sales tax number, which indication is, they are not
paying their sales tax.
Mr. Odio: We will.
103 !larch 13, 1987
d r"ni rG�,Yt
Mr. Plummer: OK.
NOTE FOR THE RECORD: COMMISSIONER KENNEDY REPORTED CITY'S PRIOR
RESOLUTION REGARDING ORGAN DONORS WILL BE INTRODUCED IN THE U. S.
CONGRESS.
52.A APPROVE APPOINTMENT/REAPPOINTMENT TO THE MIAMI SPORTS AND EXHIBITION
AUTHORITY BOARD (S.&.E.A.B.)
B EACH CITY COMMISSIONER SHALL NOMINATE ONE MEMBER TO THE S.& E.A.B.;
FOUR CITY COMMISSIONERS SHALL NOMINATE A SECOND MEMBER.
C APPOINTING ELI FEINBERG, WILLIAM BAYER, EUGENE MARKS, MONTY TRAINER,
J.J. SHEPARD, RAUL MASVIDAL, FRANKIE ROLLE, GEORGE KNOX AND ROBERT
ALLEN JR. TO THE S.&E.A.B.
D. APPOINT EUGENE MARKS AS CHAIRMAN OF THE S.&E.A.B.
Mayor Suarez: Item 55, Miami Sports and Exhibition Authority membership. We
have got nine members of the Authority?
Mr. Odio: Commissioner, this is just...
Mayor Suarez: And I am told that five are selected by the Commissioners and
each Commissioner proposes one, and four by the Commission as a whole. One of
the ideas that I would have for myself is to make sure that we have got enough
so that each Commissioner can appoint two. If the Commission sees fit to
disband the present Authority and start over again.
Mr. Plummer: Let me ask a question. How long are these appointments for?
Mrs. Dougherty: They are appointed at will, so...
Mr. Plummer: But, I mean, is this Papa Doc?
Mr. Odio: More or less!
Mayor Suarez: So, in order to change...
Mr. Plummer: Well, you know what happened with Papa Doc, don't you?
Mr. Odio:... in order to change, we have to disband the Authority.
Mr. Odio: No, you can change the members, you can reappoint and may I suggest
maybe that is what you should do, just either reappoint, or revise the
whole...
Mrs. Kennedy: Bill Bayer, are you still interested? You could be my
appointee.
Mr. Odio: By the way, I have been notified that Willy Gort has resigned from
the Sports Authority, so that position is vacant.
Mayor Suarez: Well, the think the Commission has to first decide whether we
are going to maintain the present structure, or simply reappoint the members
or what do we want to do? What is the Commission's pleasure?
Mr. Plummer: Well, Mr. Mayor, I think first of all, we ought to establish
some procedure. I can't go along with any board that is for infinitum. I
think there should be a term of office, and maybe staggered terms, I think
over a three year period is a nice round number we used in other cases, and
that we go ahead and we reappoint as we see fit, with in fact, some of them
receiving three year terms, some two year, and some one year terms, and that
would give a continuation, but it would still leave for new thinking and new
blood. I would propose at this time that we set a policy that the membership
of that board should be for a period of a three year term, and that from this
104 March 13, 1987
.44"
inception forward, that we would designate three... there is nine, right?...
that three would be given three year terms, three would be given two year
,arias, and three would be given one year terms.
Mayor Suarez: My first reaction to that is let's go to at least 11, because
that way we get two per Commissioner, otherwise we are going to be arguing all
day as to the appointments and then one other one could be appointed by the
City Manager, or his proxy.
Mr. Carollo: I think if we go to 11, that is too many. We could draw. Each
will have two, one will only do one.
Mr. Plummer: How about six?
Mayor Suarez: I would...
Mr. Carollo: We could do it that way also. Each would have one, and one
would end up with two.
Mayor Suarez: I stick to my number of eleven, but we will have to take a vote
on it. The other reaction is the staggered terms. You know, why complicate
it? Why not just have everybody with a two year term, or one year term for
reappointment? Why are we going to complicate it to a term of staggered
terms?
Mr. Carollo: Just like the Mayor and the Commissioners, huh?
Mr. Plummer: We do that, the Mayor and the Commissioners that way.
Mayor Suarez: I know, who likes that idea?
Mr. Plummer: I guess the voters of the City.
Mayor Suarez: They haven't had it before them. They haven't had it before
them.
Mrs. Kennedy: They had it tested though, many times.
Mayor Suarez: Well, what is the Commission's pleasure? Let's get on with it.
Mr. Carollo: Shalom, J.L., Shalom.
Mr. Plummer: What? Shalom, yes.
Mayor Suarez: What is the Commission's pleasure?
Mr. Plummer: (COMMENT IN HEBREW) What was your proposal, Joe?
Mr. Carollo: I'd go along with six or nine, and...
Mayor Suarez: Well, don't make it six, because you have got a problem with
majority.
Mrs. Kennedy: No, six we can't.
Mr. Carollo: Well, we will make it nine, and each will have two, except one.
I could make the usual draw that we have done in the past, and we could pick
lots.
Mr. Dawkins: No, let somebody else do the drawing.
Mayor Suarez: Let's do it in a way that makes mathematical sense. First of
all, has the Commission determined to reestablish the board with new board
members? Do you want to take a vote on that?
Mr. Plummer: I think you will do that by your nominees.
Mayor Suarez: OK, but I think first we have to give the indication that we
are going to replace the entire board by some kind of a...
Mr. Plummer: Maybe not, not the entire board!
105 March 13, 1987
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Mrs. Kennedy: For example, I am not interested in replacing my nominee.
1 What are we doing having this item? Do you just want to keep
the nominees you have got?... I mean, the appointments you have got?
Mrs. Kennedy: I do, but you might feel differently.
Mayor Suarez: Well, who asked for this item to be before us?
Mrs. Kennedy: Yes, I asked for it to be.
Mayor Suarez: OK, what do you want to do with this board?
Mrs. Kennedy: Well, what do you want to do?
Mr. Plummer: What I was...
Mayor Suarez: I have heard people who want to eliminate the board? I have
heard those who want to replace it. I want to start over again, I want to
redefine its powers.
Mr. Carollo: Can I get something straight on the record? These guys have
nothing to do with the parking meters, right?
Mayor Suarez: No, we will get to them in a little while.
Mr. Plummer: One of the reasons was the fact that Willy Gort had resigned,
which left an opening. Now, that is one in particular item that we brought
before this Commission. I think the rest of my colleagues expressed a little
displeasure based on the fact, and maybe what we ought to do, Mr. Mayor, is
put this item after 56, because that is where the discussion came up as to
whether or not the item was being handled properly by the board.
Mayor Suarez: You mean, the change of name?
Mr. Plummer: No, the areas of concern expressed by Commissioner Miller
Dawkins.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Seven? I'm sorry, 57 then.
Mayor Suarez: Oh, wait, does anyone have any problem with the name being the
Exhibition and Sports Authority as a way to clarify that that should be the
highest priority? It should have been the highest priority in the first
place, from everything I know about it.
Mr. Plummer: Well, I wish you had been around. I fought that fight alone.
Mayor Suarez: Do you have any problem with it now being called the Exhibition
and Sports Authority? Do you want to take a vote on that?
Mr. Plummer: Except a change of stationery, what does it accomplish?
Mayor Suarez: That is it, just symbolic so we know that that is what it is
supposed to be dedicated to, henceforth.
Mr. Odio: May I ask something, Mr. Mayor? It could create some problems with
the contract that we have, and the bonds, because we went out and signed
contracts.
Mayor Suarez: If that is your opinion, then that takes care of item 56.
Mr. Odio: No, no, it is not my opinion.
whether it would cause us legal problems.
Mayor Suarez: Whoever, I don't...
I am asking a legal question here,
Mr. Carollo: You just got a legal opinion from the former attorney from South
Miami.
Mr. Odio: Do we have a problem with that?
106
March 13, 1987
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Mrs. Kennedy: Madam City Attorney, do we have a problem?
Mrs. Dougherty: We have a problem with the bond documents. They all have to
be changed. We have so many that are not up...
Mrs. Kennedy: No, that's a hassle.
Mr. Plummer: Sure.
Mayor Suarez: That takes care of item 56.
Mr. Carollo: OK, can we get back down to the business of how many members we
want and who we want?
Mayor Suarez: Madam City Attorney, if we want to all of a sudden, on this
board, reconsider the appointment, do we not have to first decide that we want
to do that by a formal vote? In other words, we can't just all of a sudden
decide that their terms have ended by the appointment process. We have to do
it by taking a vote of this Commission that says we want to reconsider whether
their terms should end right now, or we should reappoint them, do we not?
Mrs. Dougherty: That's correct. _
Mayor Suarez: Well, what does the Commission want to do? Do you want to...?
Mrs. Kennedy: Well, we disband the board, and correct me if I am wrong, and
then we reappoint them.
Mayor Suarez: We disband the present board, and we maybe end up appointing
the same people, I don't care, but let's do that. Is that what the Commission
wants to do?
Mr. Plummer: OK, let's establish the number first.
Mr. Carollo: Nine.
Mr. Plummer: Nine?
Mrs. Dougherty: We have to have nine unless we want to change the ordinance.
Mayor Suarez: We have a motion that we...
Mr. Plummer: Oh, OK. So, nine is already there, so there doesn't need any
action to be taken, is that correct?
Mr. Carollo: That is right, nine is the magical number.
Mr. Plummer: All right.
Mr. Dawkins: Then, and everybody will get two except...
Mayor Suarez: Wait, let's establish that we do want to reappoint the members,
whether we appoint the same members or new members. Do you want to take a
vote on that as a motion? Commissioner Kennedy, is that your motion?
Mrs. Kennedy: I so move, sure.
Mayor Suarez: Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion on that? Call the roll.
107 March 13, 1987
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
.:.:..vie 140. 87-268
A MOTION OF INTENT OF THE CITY COMMISSION TO
APPOINT/REAPPOINT MEMBERS TO THE MIAMI SPORTS AND
EXHIBITION AUTHORITY BOARD WITHOUT NECESSARILY
REAPPOINTING THE SAME INDIVIDUALS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
DISCUSSION ON ROLL CALL:
Mr. Carollo: Is this a motion to...
Mayor Suarez: Reappoint the board members, not necessarily the same ones.
Mr. Carollo: To reappoint the board members, but not necessarily the same
ones.
Mayor Suarez: Now, what is the mechanism that the Commission proposes to
appoint nine members?
Mr. Carollo: Well, I think we could either go about it two ways - we can go
about it the one way described, or another way that in the past has been
traditional, and that is that when you have a situation litre this, that the
newest member that came to the Commission is the one that has to be one.
Mrs. Kennedy: Well, in this case, there are two of us.
Mr. Carollo: Well, no, no, the tie breaker that we have there is who won by
the most plurality. In this particular case, Commissioner Kennedy had the
most votes, if you want to do it that way.
Mayor Suarez: Do you want to handle this seriously, or do you want to play
games?
Mr. Carollo: Well, I am handling it seriously, Mr. Mayor. Now, the other way
we could do it...
Mayor Suarez: OK, the City of Miami has a lot of important things to do.
Mr. Carollo: The other way that we could do it, is that we could just present
the names of people we want and each of us could write down nine names down,
and we could decide from that, whoever gets the most votes will have nine
people.
Mayor Suarez: Well, I'm not going to accept that procedure.
Mr. Plummer: Well, may I suggest this to you, and it is the old fashioned
method. We put five pieces of paper in the cup, and the one that gets the
cup... that gets the one with the "X", is the one who only gets one
appointment.
Mr. Carollo: That is the way that I have always done it.
Mayor Suarez: OK.
Mr. Plummer: Fine with me.
Mrs. Kennedy: Fine with me.
106
March 13, 1987 :"
Mayor Suarez: You are talking about one appointment per Commissioner, and
four appointed by f.ua ouL of Lhe fi.:. �,:
Mr. Dawkins% All right, then next time, when the two years is up...
Mr. Plummer: Yes.
Mr. Dawkins: ... then it goes alphabetically who gets one, or are you going
to reach in the cup again?
Mr. Plummer: Whatever you want, I don't care!
Mr. Dawkins: I don't know, let's find out, but let's establish it while we
are doing it.
Mr. Plummer: What?
Mrs. Kennedy: Bill, you are my second appointment. Keep your fingers crossed
I don't get the "X".
Mr. Plummer: That is what I said.
Mayor Suarez: That is right, you are not the first appointee, you are the
second appointee.
Mr. Plummer: All right, give me a cup.
Mayor Suarez: OK, wait, let's take a vote on that procedure. Is that in the
form of a motion?
Mr. Dawkins: Don't let Joe...
Mr. Plummer: Are you doing it, Joe?
Mr. Dawkins: No, no, no, don't let Joe do it. Joe can feel it. No, don't let
Joe do it.
Mayor Suarez: Wait, we have a motion and a second that we select nine board
members by having each Commissioner make one nomination for his first
appointment and then four out of the five members of this Commission,
selected by lot, do the second appointments, for a total of nine. Do we have
a motion and a second on that?
Mr. Carollo: There is a motion.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-269
A MOTION OF INTENT THAT EACH CITY COMMISSION SHALL
NOMINATE ONE INDIVIDUAL FOR A TOTAL OF FIVE MEMBERS
AND THAT FOUR OUT OF FIVE CITY COMMISSIONERS SHALL
NOMINATE A SECOND INDIVIDUAL FOR MEMBERSHIP ON THE
MIAMI SPORTS AND EXHIBITION AUTHORITY BOARD.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
-p�
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner . .J
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THEREUPON, THE CITY COMMISSION PROCEEDS TO DRAW LOTS AS
PREVIOUSLY OUTLINED BY COMMISSIONER PLUMMER .
Mr. Plummer: I'm clean.
Mr. Carollo: Who has got it? I'm clean.
Mrs. Kennedy: Clean.
Mr. Plummer: Who got the "X"?
Mr. Carollo: Who got the "X"? -
Mr. Plummer: X must have got the "X"l
Mayor Suarez: This leads me to believe that there is all kinds of hanky-panky
around herel
Mr. Plummer: You should have let me do the cup, I'm telling you! (LAUGHTER)
Mayor Suarez: We are not doing this right! We have a established a
procedure. Now, Madam City Clerk, how do you suggest that we...?
Mr. Carollo: OK, we all get two except the Mayor. Can we proceed?
Mayor Suarez: How do you suggest that we take a vote on.... I mean, that we
do draw lots on...?
Mr. Carollo: We just didl
Mayor Suarez: No, no, no.
Mr. Carollo: What do you mean, no?
Mayor Suarez: I'm sorry.
Mr. Carollo: We just drew lots. Now...
Ms. Hirai: Mr. Mayor, I am afraid that has always been decided by the
Commission... the method that they want to use.
Mayor Suarez: UK, I...
Mr. Carollo: We just drew lots. Now, he didn't win, so he doesn't want to
play. He wants to have a new game!
Mayor Suarez: No, no, I want the City Clerk to handle the tallies of the vote
on that. He drew it with an "X" on the...?
Mr. Plummer: Again, here is my ballot! (LAUGHTER)
Mayor Suarez:... piece of paper?
Ms. Hirai: It has been done.
Mayor Suarez: And they can look in the cup, as Commissioner Carollo did?
Mr. Carollo: Yes, that is the way we have always done it. You got the "X"l
Well, you always wanted the "X", you got the "X" nowl OK, we proceed in
naming the nominees.
Mayor Suarez: No, no, what is the usual procedure for selecting...
110 March 13, 1987
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Ms. Hirai: There has not only been the one method, Mr. Mayor. It has been
done this way...
Mayor Suarez: OK, will the City Clerk put five pieces of paper in the cup and
do it that way then, please?
Ms. Hirai: Yes, sir.
Mr. Plummer: Wait, whoa!
Mr. Carollo: Wait, wait, waitl
Mayor Suarez: No, I can't accept... I can't accept... _
Mr. Carollo: Just because you didn't win, we are going to do it again? No,
nol
Mayor Suarez: Let's not play games.
Mr. Carollo: In other words, the next time we do it, one of us gets it, we
are not happy, why not do it again?
Mayor Suarez: Look, if it will get this Commission moving forward, I don't
care. Will the Commissioners give me their nominations? I will accept that.
Mr. Plummer: I will do my first nomination - Mr. Gene Marks.
Mr. Carollo: My first nomination will be Mr. Skip Shepard.
Mrs. Kennedy: My first nomination is Eli Feinberg.
Mayor Suarez: Commissioner Dawkins?
Mr. Dawkins: Frankie Rolle.
Mayor Suarez: Bob Allen. Second nominations?
Mrs. Kennedy: Second nomination - Bill Bayer.
Mr. Carollo: My second nomination is Raul Masvidal.
Mr. Plummer: My second nomination is George Knox.
Mr. Dawkins: I am going to flip with the Mayor so we can figure a way to make
this fair...
Mr. Plummer: I will nominate Monty Trainer.
Mr. Dawkins: Monty Trainer don't live here no more. He moved.
Mrs. Kennedy: No, he didn't. He is up the river.
Mr. Plummer: He is up the river!
Mayor Suarez: Commissioner Dawkins and I share the nomination of George Knox.
Mr. Plummer: That's it.
Mayor Suarez: OK, take a vote on the nominations.
Mr. Carollo: Well, which is your nomination?
Mayor Suarez: Bob Allen, an attorney.
Mr. Carollo: OK. All tight. Move.
Mayor Suarez: That is all right. If you guys want to play games, as long as
we got this resolved, I don't care. OK, we have the motion and nominations,
call the roll. We have a motion and a second.
111 March 13, 1987 <3
}
NOMME
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-270
A MOTION APPOINTING/REAPPOINTING THE HEREINBELOW LISTED INDIVIDUALS AS
MEMBERS TO THE MIAMI SPORT AND EXHIBITION AUTHORITY BOARD:
(1) ELI FEINBERG (nominated by Commissioner Kennedy)
(2) WILLIAM BAYER (nominated by Commissioner Kennedy)
(1) EUGENE MARKS (nominated by Vice -Mayor Plummer)
(2) MONTY TRAINER (nominated by Vice -Mayor Plummer)
(1) J. J. SHEPARD (nominated by Commissioner Carollo)
(2) RAUL MASVIDAL (nominated by Commissioner Carollo)
(1) FRANKIE ROLLE (nominated by Commissioner Dawkins)
(2) GEORGE KNOX (nominated by Commissioner Dawkins)
(Mayor Suarez shared above nomination with
Commissioner Dawkins)
(1) ROBERT ALLEN JR. (nominated by Mayor Suarez)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Anything on the duties of the Authority or any other discussion
on... what terms, are we talking about everybody with two year terms?
Mr. Dawkins: Yes.
Mr. Plummer: Whatever it is!
Mayor Suarez: We have to amend the ordinance for that, Chris?
Mr. Plummer: I still would like to proffer the staggered terms, whether it is
two and one, or three and two, or however you want.
Mr. Dawkins: Two and one. Two and one.
Mr. Plummer: OK.
Mayor Suarez: Yes, no longer than two years, at least, if you are going to
staggered terms.
Mr. Plummer: OK.
Mr. Dawkins: I move two and one.
Mr. Plummer: My term year term will be Mr. Marks. My one year term will be
Mr. Trainer.
Mrs. Dougherty: Mr. Mayor, we will bring back an ordinance on the 319t.
Mr. Plummer: We can indicate it right now so they will know.
Mrs. Dougherty: OK, we will formalize it on the 31st.
Mr. Odio: I needed to pick a chairman today.
Mr. Plummer: We pick the chairman?
Mr. Odio: Yes.
Mr. Plummer: I will move the name of Mr. Gene Marks.
112 March 13, 1987
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Mr. Carollo: 1 second that nomination.
Mr. Plummer: Let me go on the record as to why.
Mr. Dawkins: He is not fair, he is biased, he is a thief, I don't know why
you all want himl
Mr. Plummer: That's why you are going to vote for him. Mr. Mayor, I nominate
Mr. Marks for the simple reason that the most important facet that is going
through this term right now, is the construction. Mr. Marks is a very
successful construction man in this community. He knows the industry well, he
knows the people well, and I think that it is very important that we have
somebody in that capacity serving as chairman and that is why I mcve the name
of Mr. Gene Marks.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll on the
chairman.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-271
A MOTION APPOINTING MR. EUGENE MARKS AS CHAIRMAN OF
THE CITY OF MIAMI SPORTS AND EXHIBITION AUTHORITY
BOARD.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: Shows you how much I dislike Gene Marks, I vote yes.
Mr. Dawkins: Although he is a dictator, I vote yes.
Mayor Suarez: Are you going to come back to us with an ordinance on the
terms?
Mrs. Kennedy: Are we going to... has everybody said theirs? I haven't.
Mr. Plummer: Set who you want for two years...
Mrs. Kennedy: My two year term...
Mayor Suarez: Well, no, we don't know how that is going to... it is not going
to be... how many are going to have two year terms, how many one terms. You
have to specify that in the ordinance, right?
Mr. Plummer: Yes.
Mrs. Dougherty: We are going to have three, three, and three. There are three
members. There are nine members, so that would be three, three, and three.
Mr. Carollo: Do you want to draw the "X" again?
Mrs. Kennedy: My two year...
Mayor Suarez: What do you mean, three, three, and three? All right, if you
have a three year term, I...
113
March 13, 1987
Mr. Plummer: No, will the five get two year terms, or will the four get two
year terms, as I guess what is being said.
Mayor Suarez: Right.
Mr. Plummer: Why don't you make the five the four year terms?
Mr. Dawkins: No, no, four years? I thought we said two and one. How did we
get back to...
Mayor Suarez: No, five members will have a two year term...
Mr. Plummer: Five members for two years, and the four members for one year,
OK?
Mayor Suarez: Do you want to make that in the form of a motion too, or does
that have to be an ordinance?
Mrs. Dougherty: Yes, I will bring it back on the 31st.
Mayor Suarez: OK, and figure out a selection process for how the nine members
are determined, who will get the five years and the four years.
Mrs. Kennedy: OK, my two year is Mr. Feinberg, my one year is Mr. Bayer.
Mayor Suarez: We haven't figured that out. She has to bring that back in the
form of an ordinance.
53. LONG DISCUSSION REGARDING LABOR DISPUTES AT MIAMI ARENA; AWARD BID
PACKAGES 1, 2, AND 3 FOR CONSTRUCTION OF MIAMI ARENA, MAKING STIPULATIONS
REGARDING MINORITY PARTICIPATION.
Mayor Suarez: OK, item 57 is very relevant to that, the Sports Arena dispute.
Mr. Odio: By the way, Mr. Mayor and Commissioners, you instructed me to meet
with that union. We set up a meeting with them and I had all staff people and
people from the Sports Authority here and we never got a call to cancel the
meeting, so I wanted you to know that we could not comply with your request to
meet with them, because they did not keep their appointment.
Mr. Gus Figueroa: Commissioners, Mayor, addressing with the Commission of the
body City Manager Cesar Odio, what appointment are we referring to?
Mr. Odio: The meeting that I set up with you for two days ago at 3:00 o'clock
in the afternoon, which your office said that you would be here.
Mr. Figueroa: As far as I recall, and as my record reflects, there had been
no messages left in my office, there has been no appointment that was agreed
upon. As far as meeting with the City Manager, I have met with the City of
Miami Sports and Exhibition Authority yesterday afternoon at their request,
and in regards to making the appointment, the day after the Commission
adjourned with that particular item, we approached the City Manager and made a
request that when Mould be an available date to make an appointment, he
basically referred us to contact Mr. John Blaisdell, who sits with the Miami
Sports Authority, and basically make arrangements with him, and that's what
was done, and there was no particular date arranged at that particular time.
Mr. John Blaisdell: Mayor and Commissioners, subsequent to the last
Commission meeting, Mr. Figueroa suggested that the City Manager and the
Administration meet, along with us, to discuss some of the allegations that
they had proffered at the last meeting. My office not up a meeting, and it
was scheduled for the llth, Wednesday, at 3:00 o'clock in the Manager's
office.
Mr. Odio: What I'd like to do, if you Mould, we have some recommendations,
but maybe, that we should still meet with them and try to do something, or
just go on with the discussion today.
114 March 13, 1907
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Mr. Plummer: Well, I could...
Mayor Suarez: Were you supposed to have dropped off last night, at our
respective homes, the report, John?... because I didn't get it.
Mr. Plummer: I didn't get it either, and I kept being told that I was going
to get a report.
Mr. Dawkins: You should live in the ghetto, I got mine!
Mayor Suarez: Yes.
Mr. Blaisdell: Last night, apparently the courier, we don't know what
happened, but two or three of the Commissioners did not receive it. We
apologQfze for that.
Mr. Dawkins: Why is it...
Mr. Plummer: What are we about doing if we don't have a report to go on?
Mayor Suarez: And also, they haven't had a chance to look at it and respond
to it.
Mrs. Kennedy: Yes, and that was my contention, John, earlier, I received mine
close to 12:00 o'clock at night. I didn't, obviously, read it at that time.
Mr. Blaisdell: We are prepared to take you through each one, or if you
desire, you may want to read it, but we would like to get this discussed.
Mr. Dawkins: But, we would like too, but it is not our fault that you did not
get it to us until yesterday, OK? Now, it is not my fault that you did not
get enough manpower, whatever the hell you needed, in order to complete it, to
get it to us so we could have reviewed it, OK? So now, I have to go along
with my fellow Commissioners, as much as I want to settle this...
Mr. Plummer: Well, I...
Mr. Dawkins: ... I cannot expect them to take this and digest it and be able
to discuss it intelligently.
Mr. Plummer: I move that this item be deferred to the 31st of March, and so
that there is no misunderstanding, before these people leave, Mr. Manager,
would you call your scheduling clerk and give me a date and a time for the
meeting in your office. I want to put that in the resolution so there will be
no question as to whether or not the time was received.
Mr. Dawkins: And when you come back, the thing that is missing from here is,
what are you going to do to increase minority involvement on the jobs, OK? I
know we have discussed it verbally, I know what we are doing, but it is not
here.
Mr. Blaisdell: We will include that as well, Commissioner. We have one area
that we would like to discuss with you if possible, which is at the previous
Commission meeting, the Commission instructed the Manager and asked us to try
and hold back the award of certain subcontracts until these issues were
resolved, and the job is currently facing a... we are reaching a point where
we need to issue additional subcontracts and enter into those agreements in
order for the job to go forward.
Mr. Dawkins: You know, well that is fine. I have no problem with that, but
you know damn well that if you don't award them you can't build the arena, and
you know I am not going build an arena if you don't award the contracts, so
you have got the chicken and the egg! I mean, you know that I am not going to
move until you have done this. Now, how long have you been doing this with
me? I mean, give me the number of weeks.
Mr. Blaisdell: Many weeks, sir.
Mr. Dawkins: Many weeks! Now, you come back here and you have been telling
me the same thing. We are jeopardizing the completion of the arena and I keep
saying, "OK, fine, where is the minority involvement?" We have got letters of
intent you have sent out. You have not signed them, OK?... and then you tell
115 March 13, 1987
me again, I mean you come here today, instead of coming to me and saying,
"Commissioner Dawkins, we got A,B,C, & D, we could not do business with F,G, &
and this is as far as we can go, and when they are signed and ready to
go..." I could understand that.
Mr. Blaisdell: We can do that today, Commissioner.
Mr. Dawkins: Well, why in hell haven't you done it?
Mr. Odio: They are ready to do it today, Commissioner.
Mr. Dawkins: Ready to do it isn't worth a damn! OK?
Mrs. Kennedy: Somebody has to be ultimately responsible.
Mr. Dawkins: I mean, it is just ridiculous, you just keep coming up here, and
you have got these people sitting out here, willing to build an arena. We are
waiting for people to give us a franchise, and you guys keep jerking around,
back and forth, telling me about you can't do this because! I mean, you knew
this had to be done, why you guys didn't come out with a sign? Now, you tell
me, "We can do it." Well, why didn't you do it?
Mr. Blaisdell: We forwarded a letter the Commission summarizing the minority
participation and we are prepared here today...
Mr. Dawkins: Wait a minute, we don't need to go through that, OK? Why
haven't you signed the letters of intent with the minority people that you
were going to assign to bring up the minority piece, as of today? Now, how
long ago were the letters of intent mailed?
Mr. Blaisdell: Four to five weeks. Since that time, many subcontracts had
been tendered. The process for the tendering of subcontracts, those being
reviewed by the subcontractor and returned to the general contractor for
review and final award, is a time consuming process.
Mr. Dawkins: Well, all right now, if it is time consuming, why do you want to
put the monkey on my back that I am the one holding up the arena? It is the
time consuming process that you got that is holding it up!
Mr. Blaisdell: No, Commissioner. It was our understanding that at the last
Commission meeting, because of the sensitivity, this Commission decided, that
elected that it wanted for future subcontracts, it wanted the City Manager and
the Commission to be aware of those award, and what we are suggesting is that
we need to proceed forward, we thought that, although this report would try to
resolve these issues, what we are trying to do today is to try to get from you
the authorization to proceed forward as we deem it appropriate in order to
meet our project budget, and our project schedule.
Mr. Dawkins: OK, let me ask you a question now, OK? The problem areas in
this report deal with the plumbing, am I correct?
Mr. Blaisdell: That's correct.
Mr. Dawkins: ... the structural steel, is that correct?
Mr. Blaisdell: Yes, air.
Mr. Dawkins: ...and what is the other area in here?
Mr. Blaisdell: There were certain allegations by the carpenters.
Mr. Dawkins: The carpenter's union, OK? Now, the letters of intent that you
have tendered, whatever disposition we take on those, will that in any way
alter this?
Mr. Blaisdell: No.
Mr. Dawkins: So, what is our problem?
Mr. Blaisdell: Maybe you misunderstand me, Commissioner.
Mr. Dawkins: I really am. I am!
116 March 13# 1987
`7
Mr. Blaisdell: I apologize. Maybe I am not explaining it correctly. I am
.mot concerned... we would like to solve the issues outlined in the memorandum
today. We feel that they are critical, and we would like to solve them and
put them behind us, OK? On other issues and other subcontracts, not related
to this memorandum, we were under the impression that the Commission wanted to
be constantly advised, through the Manager, how that process was going. What
we are suggesting is, you have elected to defer these three issues. We accept
that, if that is your decision. What we are suggesting is that we be allowed
to proceed on all other contracts.
Mr. Dawkins: Well, why haven't you proceeded? Why haven't you come here
today with that process to proceed?
Mr. Blaisdell: We are ready to recommend the firms that...
Mr. Dawkins: But, you are ready to recommend, is Linbeck ready to sign.
Mr. Blaisdell: Upon signature of the subcontractors of the subcontract, yes.
Mr. Odic: From what I understand, Commissioner, please... what they are
saying is, on the plumbing question, I believe they are recommending Falcon;
on the steel structure, they are recommending a split of the work and...
Mr. Blaisdell: That's correct.
Mr. Dawkins: Yes, but, OK, I am interested, Mr. Manager, in the landscaping,
the irrigation, and all the other things that you told me that you were going
to bring back here signed, to bring up the minority participation. You don't
have itt
Mr. Odic: You don't have that? -
Mr. Blaisdell: Bid pack four, which is... includes those items...
Mr. Dawkins: What is Linda trying to say? Let Linda say something if it is
wrong.
Ms. Linda Kelly: Commissioner, those items are a part of bid pack four, which
have not been published as yet.
Mr. Dawkins: So we are not holding up the arena!
Ms. Kelly: We are not holding up that aspect of it because those items have
not been published.
Mr. Dawkins: No, no, wait, don't be the lawyer on me now. Be like... you
know, come on! Now, either we are holding up the arena, or we are not. Now,
that is what John said, now.
Mr. Blaisdell: No, Commissioner, there were certain sub...
Mr. Dawkins: All right, let Chris get it. Come on, Chris, do you have
something to say?
Mr. Blaisdell: There were certain subcontracts, OK, and certain awards for
subcontracts in bid packs one, two and three.
Mr. Dawkins: Right.
Mr. Blaisdell: OK? Not to do with bid pack four.
Mr. Dawkins: Right.
Mr. Blaisdell: We were under the impression, that the Commission, as it
relates to those awards, wanted us to hold back until a final determination
was made on the minority participation.
Mr. Odic: Commissioner, please, let me ask you a question. If we don't award
this to Falcon, Johnson and the other company that you proposed, are we going
to hold up the arena?
117 March 13, 1987
Mr. Plummer: If this is going to be deferred, why are we going through all of
this?
Mr. Dawkins: Because I want him to be sure to have it all back next time,
J.L., that's all.
Mr. Blaisdell: Falcon is already on the job working and they have been
determined...
Mr. Odio: So it will not hold up the arena.
Mr. Blaisdell: It is just the steel structure...
Mr. Odio: Johnson, and the other company, what is the other company that you
proposed on the steel?
Mr. Blaisdell: Helena... let me give you an example.
Mr. Odio: Commissioner, defer this item, because you will not hold up the
construction of the arena and we will bring back whatever you are requesting
on March 31st.
Mr. Dawkins: Yes, but see... that is fine, but when you come back next time,
I want to get it all done, Mr. Manager, that is all I am saying!
Mr. Odio: Yes, OK, we will do it.
Mr. Dawkins: All I am saying is that all these things, for eight weeks, that
we have been discussing, and that Gene Marks promised me... that's why I
didn't want to vote for him for the chairman... that would be done, they are
not done.
Mr. Odio: OK, we will clear it up as soon as we get the bid package out, and
we prepare bid package 4.
Mr. Dawkins: OK, but... yes, sir, Mr. Chairman.
Mr. Eugene Marks: The process of this, Mr. Dawkins, is this. If they submit
to us the low bid, that was supposed...
Mr. Dawkins: No, no, let's don't go into that now. Let's not go into that
low bid now, because I've got three ...
Mr. Marks: The low number. The low number, I will put it that way... the low
number. The agreement in the contract is this, that Mr. Blaisdell and myself
are the only ones that have a right to approve. This is by the Authority, to
approve a subcontract. I have refused to take these letters,' just for the
number on it, until the time that I see what the bottom line number is, the
final number in the scope of work. I will not approve and say, give it to Joe
for 4800,000 if I do not know what scope of work that is going to cover.
There has been a delay in getting the subcontracts to me for review. I spent
five hours yesterday reviewing some, out of about ten, I approved four, and
they were very minor on material deliveries, such as fire doors and things
like that. These documents have not been submitted to us by the contract that
we have with the developer. Until I know, representing the City and
Authority, of what the final number is, and what their scope of work is, I
will not assign just a name and say, "Go do it," because you are liable to
come in later on and say: "You left something out, we need more money." That
is the process, Mr. Dawkins.
Mr. Dawkins: Madam City Attorney, will you see that someone in your office
monitors what we are doing, so that in the next R.F.P.'s that we put out, I do
not have to go through this, and that every developer who comes in here, names
his subs prior to the award of the contract, and that we be ready to go when
we award the contract.
Mrs. Dougherty: Commissioner Dawkins, I feel sure that we could write such a
bid. I don't know if it can be complied with. I don't know from the industry
whether or not that is something that is possible.
Mr. Dawkins: Well, you see, there is a high rate of unemployment, and where
one guy may not want to come in under those terms, you are going to find many
lie March 13, 1987
of them who will. If not, then it is time for us to go into business of
teaching construction, and preparing our own people to build our own stuff.
AV, ♦tom..« +. *he ^-a -* a+.scussion, go ahead.
Mr. Plummer: Well, my motion is still on the floor, this item be deferred
until March 31st. The date certain to all of the union people and to everyone
concerned, in the Manager's office, this coming Monday at 9:00 A.M. Let there
be no mistake about that.
Mr. Dawkins: And we are under no... OK.
Mr. Odio: For the record, Commissioner Dawkins, I am told that bid package
four can be ready in no less than 60 days, according to the developer. That
is bid package four.
Mr. Dawkins: OK, well, by bid package four - how many bid packages did they
have, John?
Mr. Blaisdell: So far, three.
Mr. Dawkins: No, no, how many total do you have?
Mr. Blaisdell: Five.
Mr. Dawkins: Five, right?
Mr. Blaisdell: Five, I think.
Mr. Odio: Five.
Mr. Dawkins: So now, bid package one, two, and three is ready.
Mr. Blaisdell: That is correct.
Mr. Dawkins: OK, now, how are you going to get the 17 percent Black, 17
percent Hispanic, and the 17 percent women into bid package one, two and
three?
Mr. Blaisdell: The current participation level on bid pack one, two and three
was summarized in the letter that we sent to the Commission. Now, bid package
four...
Mr. Dawkins: See, you are being a lawyer on me. I am going to ask my
Question again, OK? Don't tell me what I have, tell me what I asked you. How
can we bring bid packages one, two and three up to the 17 percent minority
Black, women, and Hispanic?
Mr. Blaisdell: There is no way you can do that, Commissioner.
Mr. Dawkins: All right now, so, I want you to understand, I don't want to
know nothing about bid package four, or bid package five, until you have shown
this Commission that you made your best effort. You may not make it, OK? I
don't know, I mean, but at least show me a good effort, where you have
demonstrated trying to do it. Now, I am going to tell you this, I want them
to put it in the newspaper, and I want everybody to know it - when you come up
with bid packages four and five, don't tell me I am stopping the arena. I am
not stopping the arena. You are stopping it because you have not met the bids,
OK?
Mr. Blaisdell: Commissioner...
Mrs. Kennedy: We do have an ordinance after all, and you have to comply.
Mr. Dawkins: Go ahead, John.
Mr. Blaisdell: We just want to make... we are not concerned about bid pack
four and five, we will bring that back to you. We will bring that back.
Mr. Dawkins: But I am! But I am.
Mr. Blaisdell: What we are suggesting, Commissioner, is we would like for the
Commission to resolve that those subcontracts that have not been awarded in
119 March 13, 1987
bid packs one, two, and three, OK, that the Commission allow us to award
those. If you can make that motion, we will be satisfied, we will come back
to you with bid vack four AM five
Mr. Dawkins: OK, all right, I will make the motion if you guarantee me that
you are going to meet the minority participation.
Mr. Blaisdell: We cannot guarantee that, sir.
Mr. Dawkins: All right then, but now, you want me to go and let you go ahead
and say, "Well, you know, you told me to go ahead," What do you want from me?
See, and this is the part I am talking about, John. You guys have known from
day one that this was my pet peeve. This didn't slip up on you, I have been
saying it ever since we have been here. The Mayor has been concerned,
Rosario, J.L., Carollo... we are all concerned that in this area where we took
the land and told the people, we are going to see that you benefit from it,
they are not benefiting! And that is not Linbeck's responsibil>.ty, that is
ours. This is our City, it is not Decoma's responsibility, it is ours, and we
are the ones who are dragging our feet by not dictating to Linbeck and Decoma
what the hell they got to dol
Mr. Plummer: I call the question on the motion.
UNIDENTIFIED SPEAKER: Excuse me, Commissioner...
Mr. Plummer: Excuse me. I call the question on the motion.
Mayor Suarez: We have a motion and a second. Are you going to ask for
clarification?
Ms. Kathleen Phillips: Yes, I would like to.
Mayor Suarez: Who do you represent?
Ms. Phillips: I am on agenda number 57, representing Mr. Benjamin, who is one
of the items, which are part of your recommendations some of you Commissioners
got and some did not, and we only got last night at 9:00 o'clock, and we are
very concerned about that particular recommendation, which is part of bid
package two, which you are about to vote on.
Mayor Suarez: No, we are not voting on bid package two. We are voting to
defer further consideration of this item until the next Commission meeting.
Ms. Phillips: I thought I understood the motion was to award the bids on one,
two and three bid packages and this is a bid package two item.
Mayor Suarez: No, no.
Me. Phillips: OK.
Mr. Plummer: I call the question.
Mayor Suarez: Call the roll.
THEREUPON, ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DAWKINS, THE CITY COMMISSION
DEFERRED CONSIDERATION OF THE ABOVE ITEM TO THE MEETING OF
MARCH 31, 1987. SAID MOTION WAS NUMBERED 87-372 AND WAS
PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Co:r3issioner Rosario Kennedy
Vice -Mayor J.L. Plummer, Jr.
NOES: None
ABSENT: None
(LATER RESCINDED BY MOTION 87-273)
120 March 13, 1987
Mr. Plummer: See you on the 31st.
Mayor Suarez: brn^^-'' • $a-- '''•' -4 —1ke sure everybody has all the documentation in front of them. These exhibits, by the way, John, I think _
refer to the people interviewed, for example, exhibit B and exhibit C, and...
Mr. Dawkins: John, what else is to be awarded?
Mr. Figueroa: Mayor Suarez.
Mayor Suarez: Yes.
Mr. Figueroa: Excuse me, there was a date that was basically tentatively set
right now for next Monday at 9:00 a.m. I personally have a conflict with that
particular date.
Mayor Suarez: Well, send somebody else, we can't, you know, when we are on
short notice like this, trying to resolve this, you know, we can't necessarily
have everybody present. You have plenty of people in the organization, I am
sure they can be there.
Mr. Dawkins: John...
Mr. Figueroa: OK, very well, for the City Clerk's attention, my name is Gus
Figueroa, the Florida State Council of Carpenters is who I represent, also,
for a matter of straightening out the record, in regards to the meeting date
that was mentioned earlier, that was telephoned into my office...
Mayor Suarez: It doesn't matter at this point.
Mr. Figueroa: It does matter to me, sir, because the accusation was made that
I confirmed an appointment. There was never no confirmation of that
appointment, or no record of that appointment, and if there is in the future
any dates to be made in regards to meeting dates, I would appreciate a written
confirmation.
Mayor Suarez: We can't do that when we have such short times. We just gave
you a time for Monday morning at 9:00 a.m. I just want to say on this, wait a
minute, John... I just want to say on these tabulations, that these reflect
people interviewed and not people actually hired, they are not going to be
much use to us.
Mr. Blaisdell: The exhibit "A" represents the total labor on site right now
for Linbeck, exhibit "B" represents the labor that we interviewed for Xavier
on a random basis. Exhibit "C"... I am sorry, exhibit "B" represents the
total, and exhibit "C" represents the random interviews.
Mayor Suarez: So that the people are actually working, right?
Mr. Blaisdell: That's correct.
Mayor Suarez: "B"... OK, "C"... your terminology is confusing. OK.
Mr. Dawkins: John, what other contracts have to be signed in order to go
forward with the arena, other than these three that are listed. I mean, the
contract has already been signed with Xavier, is that right? They are
working.
Mr. Blaisdell: No, they are working under a letter of intent.
Mr. Dawkins: They are working, all right, they are working. All right, is
the lady... is the plumbing people working?
Mr. Blaisdell: Yes, sir.
Mr. Dawkins: And the carpenters... the steel erection people working?
Mr. Blaisdell: Not yet, sir.
Mr. Dawkins: OK, no, what other contracts you got that has to be signed so
that you can be on schedule with this Arena, because those two that we got in
here, regardless of what you do, people are working, right?
121 March 13, 1987
Mr. Blaisdell: Excuse me?
Mr. Dawkins: Regardless of what we do with the plumbing and the carpenters,
the people are working on the job, is that correct?
Mr. Blaisdell: That's correct, but on the structural steel erection, the
schedule requires the mobilization of this structural steel erector in the few
weeks that they are on site on time, when they are supposed to be there, maybe
in about four or five weeks.
Mr. Dawkins: What else is needed, other than the steel erect...
Mr. Blaisdell: Precast direction, which is an award. I don't have the list
right now, we could go to compile one and come right back to you and give you
those in a half hour.
Mr. Marks: Mr. Dawkins, I could give you pretty close to that list. Right
now, if we could, I don't know what you have heard, I had to go outside for a
minute. The plumbers are working under a letter of intent. The form work I —
have not got either one of the contracts for final formalization of the price in their scope of work. They are working. The structural steel, as John
said, will be coming in. We have got electrical that is working there. I just
got that two days ago, the contract, so it can be analyzed to make sure that
all their scope and the price that was submitted was according to the letter _
of intent that was written to us. At this time, they are pouring the
concourse, the lower level concourse, and in that area, pouring the concrete, —
they have to put in certain sleeves for mechanical and for plumbing, so as the
building goes up and there is supposed to be another pour made Tuesday. The
delay on... if we could just stick with the issue of these two items that were _
presented today, and get these resolved, Mr. Dawkins, we can continue the
operation, because I have been told today that we are going to sit and have a
meeting and get these other contracts approved, but that is where we stand
right now. Those two trades should be... the one trade, the plumbers, with
the report, if they could be resolved, and you asked Ms. Kelly and Mr.
Blaisdell to check into this, and I had nothing to do with this report, and you have the report in front of you, if this is the feeling of the Commission
to award that, then we can continue with it.
Mr. Plummer: Well, let's set the record straight. This Commission is not
going to award any contract. That is going to be done by the Sports Authority,
because we don't have any authority to do it. The only thing that we are
getting involved in is to make sure that in fact the minority participation is
complied with, number one, and number two, certain allegations which have been
brought to this Commission, and that we will look into, but you know, I don't
want anybody to lose sight of the fact that we are not awarding any of bids,
none!
Mr. Marks: Yes, on the plumbing issue, both firms that you have the letters
on there, are both minority contractors.
Mr. Plummer: Excuse me, Mr. Marks. When I went to the bathroom, this matter
was deferred.
Mr. Marks: Oh, it is... it is...
Mr. Plummer: Now, what are we discussing, now?
Mayor Suarez: All I vas saying, are you implying that there could be a hold
up in the work in the next couple of weeks because of this motion to defer?
Mr. Plummer: Well, say it like it is.
Mr. Marks: Yes, there will be... they are putting the sleeve in.
Mayor Suarez: OK, why, specifically. What will be held up?
Mr. Marks: Because, in two weeks they will have at least two more of the
lower concourse level deck poured, and while that is being poured, and
sleeves have to go into the slab for the extension of through the
utilities in the stem walls.
122 March 131 1987
Mr. Dawkins: OK, Madam City Attorney, I want you to prepare to go to
arbitration on the plumbing, OK? We agreed, you know, like I keep telling _
you, I don't plan to stop construction on *ha ar—A. anA T am not anino to Sit
up here and try to figure out who is right and wrong or what, but prepare to
go to arbitration on the plumbing deal.
Mr. Marks: Sir, are you saying to agree with the findings of Ms. Kelly and
Mr. Blaisdell?
Mayor Suarez: No, no, I am just asking the City Attorney to prepare
something. No, nothing else is being planned.
Mrs. Dougherty: You don't go to arbitration on the particular issue. You go
to arbitration on the general question of whether or not they used good faith
efforts in complying with our procurement ordinance.
Mr. Dawkins: Whatever you have to go to arbitration on legally, that is what
I would ask you to do.
Mrs. Dougherty: Are you suggesting, then, that we are to award the contract
to Falcon?
Mr. Dawkins: They are already... I mean, they have got the people working.
If they pull them off, somebody... if you pull them off, they are going to
court.
Mrs. Kennedy: Wait a second. Wasn't Falcon the lowest, most responsive bid?
Mr. Marks: That was the finding of Ms. Kelly and Mr. Blaisdell. They went to
Houston, they came down here and did an investigation and wrote the report.
Mrs. Kennedy: Mr. Mayor...
Mr. Dawkins: No, thia has been deferred already, I mean, we came...
Mrs. Kennedy: Yes, I don't know why we are talking either.
Mr. Marks: If it has been deferred, then I have nothing more to say about it.
Mayor Suarez: OK, he has implied that some of the work will be held up if we
defer the item and don't give more specific instructions than that.
Mrs. Kennedy: Mr. Mayor, yes, I am concerned about that. Should we perhaps
have an emergency meeting before the next Commission?
Mr. Dawkins: I have no problem. Well, I will be in Rome, you guys can have
it without me.
Mrs. Rennedy: It could be a probleml
Mayor Suarez: From your perspective, John, do you see that technically...?
Mr. Dawkins: Dean, you are looking kind of worried, what is your problem?
Mr. Dean Patrinely: Dean Patrinely, with Decoma Venture. I would suggest to
you that due to the complexity of the issue, that it is clear to us, that we
are not going to resolve it in any kind of f inite fora before the City
Commission, or before the Authority in this manner, and I am very concerned
about the disruptive nature that this type of discussion on subcontracts and
timing has on the execution of the work which is under way - that we suggest
to you that it is that sensitive and something we need to get to immediately,
that we do think about shutting the job down and incurring whatever costs you
think about that will resolve it. It is very hard for us to work under the
atmosphere that we are... there is so much uncertainty, we are about 20
percent finished with the job. That worries me tremendously, just a thought.
Mr. Plummer: Well...
Mayor Suarez: But, technically, are you in agreement with Mr. Marks that you
could have actual delays, not just because of uncertainty, but because of
problems with the next phase of the construction.
123 March 13, 1987
Mr. Patrinely: Yes, we have been working closely with Mr. Marks, we agree
with him wholeheartedly that a couple of the items that you were to consider
today are of paramount importance, because they had been dptaved Pnr anmA
time, due to the issues in questions we have all been asking and answering.
Mr. Carollo: Well, are you saying that you want the job to stop?
Mr. Patrinely: We are saying that if the complexity of this issue cannot be
resolved in a very timely fashion, it is probably best for your sake and ours
to stop the job, because it is hard to execute with subcontractors, thinking
they hva something and don't have something.
Mr. Carollo: We certainly don't want the job to stop, because what is going —
to happen is, we are open up ourselves wide open to be sued later on by your
firm, or others. I will tell you how I feel. You know I have been one of the
key members of this Commission pushing for minorities to be hired, including
American Indians, but I will tell you this, this is more important for the
City than anything else that we are doing right now, and we need this to be
built...
Mr. Dawkins: I don't know Joe, you know, if you build it and they burn it _
down, it ain't worth a damn.
Mr. Carollo: Well, it is not going to be burned down, Joe.
Mr. Dawkins: OK, yes, it might, it just might be! It just might be now, all
right.
Mr. Carollo: No, it is not going to be burned down.
Mr. Dawkins: All right, it just might be.
Mr. Carollo: I think we have to... I think we...
Mr. Dawkins: See, these are the things that we... you know, this is why we
got a problem here tonight with the Fire Department. Nobody seems to
understand that that individual who is called Black has got needs, aspirations
and hopes, and when you promise them things and don't deliver it, and then
when he rebels, they say he is wrong. OK, now Joe, this land was taken from
Black people over there, all right? They said they were going to build an
Arena and that Black people will profit from it, OK? So now, we are saying to
hell with you, we are going to go forward with this, and come hell or high
water, and it is just not right, Joe.
Mr. Carollo: OK, can I have a few minutes, now.
Mrs. Kennedy: Now now, boyss
Mr. Carollo: Number one, Miller... girls, if you want to get into it, you are
welcome!
Mrs. Kennedy: I have my gloves.
Mr. Carollo: Well, OK, girls, but number one, I think we have to be a heck of
a lot more open minded in this community, if this community is going to
prosper the way that I think it can; secondly, I don't think we could proceed
In anything we do, always looking at that shotgun to our heads, that if this
ain't done, it is going to be burned down. I think we passed that stage a
long time ago. Now, as far as minorities to be hired, what percent of
minorities do you have doing the actual work of the Arena right now?
Mr. Patrinely: I don't have the accurate figures. John has done the study.
Mr. Carollo: John, do you have that?
Mr. Patrinely: We are very proud of the work that we have done to date and in
fact, I think when the job is completed, all of Miami and its citizens can be
quite proud of it.
Mayor Suarers Well, you have submitted in writing already to the
Commissioners...
124 March 13, 1987
Mr. Patrinely: I have.
Mr. Carollo:. I know,. but I would like that question to be answered to *hat
closest number as possible.
Mayor Suarez: Why don't you put that into the record, John, what the figures
are up to now?
Mr. Blaisdell: Latins, Hispanics, was 18 percent, or so.
Mr. Carollo: Eighteen percent Hispanic.
Mr. Blaisdell: Black was about seven percent.
Mr. Carollo: Seven percent.
Mr. Blaisdell: And female was about nine percent.
Mr. Carollo: Nine percent.
Mr. Blaisdell: That is approximately. Those are just recollections.
Mr. Carollo: OK, so we got 16 and 18 is 34 percent.
Mr. Blaisdell: It was an aggregate, about 35 percent.
Mr. Carollo: It is about 35 percent, and it should be at least 50 percent.
Mr. Dawkins: Fifty-one.
Mr. Plummer: Fifty-one.
Mr. Dawkins: No, no, but you see, it is not in proportion, Joe.
Mr. Carollo: Well, Miller, I agree with you that the Black number certainly
is down. Now...
Mr. Patrinely: As far as workers, laborers on the site, we are over 50
percent in Black and I think we are at...
Mr. Dawkins: But, see, laborers do not own any companies that reap the
benefits, Joe.
Mr. Carollo: Miller has got a legitimate point that I agree with, that the
Black percentage is very low, but what I am saying is this, you know, let's
kick them wherever we have to kick them, to make sure they are going to get
that number up to the level it should be, but at the same time that we are
doing that, we are going to make sure this is moving ahead.
Mr. Dawkins: Don't throw the baby out with the bath water.
Mr. Carollo: Exactly!
Mr. Plummer: Well, let me ask this question. Can I ask a question, John?
You have indicated that bid package four and five have not even gone out yet.
Is that correct?
Mr. Blaisdell: That's correct.
Mr. Plummer: Is there sufficient latitude in package four and five to make up
what is necessary to meet the criteria. In other words, just understand when
bid package four and five goes out, it is going to be all minorities and it is
going to be the percentage of Black needed to meet it, and it is going to be
the percentage of females to meet it. Maybe that, maybe In a compromise, but
at least we will most the goals. Is that a potential? I don't know how much
is involved in bid package four and five.
Mr. Blaisdell: There In a potential for a high level of minority
participation in bid packs four and five. At this stage of the Arena, what we
are... the equality, or what we are looking for in bid packs four and five,
are things like landscaping, which is a very good potential for minority
participation and soft-scaping, or hard -soaping, which are brick pavers, which
125 March 13, 1947
also has very high probability of minority participation. But, you also have -
items in there that have low probability of minority participation, such as _
large walk-in freezers, which, there is onlv one or two manufacturers in the
United States, so it would be imprudent to consider that all of bid pack four,
or all of bid pack five could potentially be awarded to M.B.E.'s, but there is
a high probability that a lot of it could be.
Mr. Dawkins: You see, Madam City Attorney, this is a part of my argument. At
the beginning, they pulled "X" dollars out of the top of the contract and say:
"This is non -biddable, this can't be bided." So that brings the total package
from "X" down to one-half "X". Now, they have got...
Mr. Carollo: Miller, excuse me, Don't use that "X" anymore!
Mr. Dawkins: OK, all right, I'm sorry.
Mr. Carollo: I don't want to offend anybody.
Mr. Dawkins: OK. See, then after we leave it down, and now, they have got
trades where there are no minorities and they are saying, "OK, you can have
this," knowing good and well we can't fulfill it. See, and this is my
problem! And don't tell me that with... what is that you said there is no
minority, what is the last thing you just named, walk-in freezers?
Mr. Blaisdell: No...
Mr. Dawkins: I will go on S.W. 8 Street right now and get you a
Cuban who will buy you all the walk-in freezers you want! (APPLAUSE) OK, see,
and nobody sits down with us and says, "This is what we need, and let's go and
get it." You know... but all right, I agree with everybody up here, and I've
said it before and I am going to say it now. I am not in favor of stopping
this Arena, and I am not... I don't care about the N.B.A. franchise, for this
Arena will take care of itself without the franchise. The franchise is gravy
on the cake, but we do need the franchise in order to tie in with the rest of
the stuff, but the Arena should go on, but Dean, somewhere along the line, and
Mr. Manager, somebody here has got to get their act together and give us what
we want, so what are we going to do, J.L., because you seem to be taking the
lead.
Mayor Suarez: Wait a minute. What specifically is holding you, that this
Commission has done, other than uncertainty, and I am afraid to tell you that
uncertainty is just a fact of life - what has this Commission done that
impedes the work over the next two weeks, that we could build into our motion
to defer - to remove that, whatever it is, that impediment.
Mr. Patrinely: I think the plumbing issue and the three issues that are
addressed in this report, aside from the issues in bid pack four and five,
which do not delay the job.
Mayor Suarez: You mean, the completion of certain part of the bidding, of
what bid pack?
Mr. Patrinely: Yes, the plumbing... that is correct, the bid pack one, two
and three work resolutions and I appreciate the need to review materials, but
we are very concerned.
Mayor Suarez: But, how is it that you feel that the Commission, and John,
maybe you have to answer this, has constrained your ability to complete those
bid packs subject to all of the objectives and all of the goals that are built
into all of the contracts and agreements here, and subject to further
investigation by this Commission, which might later on do some of that.
Frankly, I mean, you could always...
Mr. Blaisdell: Maybe this will clear it up - the specific instructions, of
how we understood the Commission's...
Mayor Suarez: Right.
Mr. Blaisdell: ...motion was that we are not to award any subcontracts, OK,
until this quote issue of minority participation was solved, so what ws have
been trying to do is trying to work along with those trades in order to make
the work progress.
126 March 13, 1987
Mayor Suarez: And you are 100 percent sure that in the next couple of weeks -
in the next two weeks, some subcontract9 will hai- +„ he awarded?
Mr. Blaisdell: Yes.
Mayor Suarez: Which ones, specifically?
Mr. Blaisdell: You have a list here.
Mayor Suarez: Let's get this resolved.
Mr. Patrinely: The plumbing, and several... precast erections.
Mr. Blaisdell: What we are referring to is motion 87-79, January 22, 187.
Mayor Suarez: I understand that was a prior Commission meeting.
Mr. Blaisdell: That is the one that...
Mayor Suarez: Which subcontractors are you likely to have to decide to accept
bids on in the next two weeks.
Mr. Patrinely: So I get the correct list, Paul would you like to...
Mayor Suarez: Because under the... if we specify that it will be the opening
of the bids and everything else will be under the supervision of...
Mr. Blaisdell: As it always has been, under the supervision of the authority.
Mr. Dawkins: OK, can we do this...
Mayor Suarez: Monitored very closely by this Commission, I don't think that
the Commission will have any problem allowing it.
Mr. Dawkins: Mr. Mayor, can we do this.
Mayor Suarez: Yes.
Mr. Dawkins: Can we say, and I want my fellow Commissioners to hear me and
agree or disagree - let's award bid packs one, two and three, with the clear
understanding that... when will bid packages four and five be let?
Mr. Blaisdell: Probably sixty to ninety days. The packages will be...
Mr. Dawkins: Sixty to ninety days?
Mr. Blaisdell: And that's put on the street. We can review with the
authority, the staff
Mayor Suarez: Fine, fine, fine! That is what he... he got his answer.
Mr. Dawkins: All right now, with the understanding, and a commitment that
they will bring up the minority, Black and female minority piece through five
and six...
Mr. Plummer: Four and five.
Mayor Suarez: Four and five.
Mr. Dawkins:... four and five, and if they don't, that they will come before
this Commission and we collectively, together, will agree that it can be done.
Mayor Suarez: OR, and we might make a determination of bad faith at that
point too, I mean, that's...
Mr. Dawkins: I was going to add that, and if we determine that anywhere in
bid packs one, two and three, that there was bad faith, afterwards, then we go
to arbitration and whoever was discriminated against, would get whatever fee
that was awarded by arbitration. If Tom Benjamin goes and he is fine and it
is proven that he was discriminated against, and whatever the award, he will
get it.
127 March 13, 1987
Mayor Suarez: The sanctions that unfold from all of this are none other than
what the contract should provide alrep ly, 1%••► cto.►:.,,. +a,t wo will
allow the completion of bid packets one, two and three, subject to all of what
you have heard from this Commission as to how closely we are going to monitor,
subject to this report and the answer to this report that will be forthcoming
and then the entire process will continue. It is a very careful monitoring
that we have now instituted and we are looking to have a much improvement in
bid packages four and five.
Mr. Dawkins: Attorney McCrary, will you come down here, sir, because you are
the one we are going to be working with, I hope. You understand fully, sir,
what we are saying?
Mr. Jesse McCrary: Yes, sir, my name is Jesse McCrary, counsel for Decoma.
Commissioner, it appears to me... Mr. Mayor and Commissioners, it appears to
me that when you try to address bid packs one, two, and three, after you have
read the report, what you did in the previous meeting, was that you ordered,
or requested of Mr. Blaisdell and the City Attorney's office to go to
Houston, review all of the documentation as it relates to minorities in bid
packs one, two and three. They have tendered that report. Albeit, you have
not had a chance to read it, I believe that once you read the report, you will
be satisfied that every effort was made...
Mayor Suarez: Well, we may, or we may not be, but we are about to vote on
allowing the three bid packages to go through, right?
Mr. Dawkins: I just want to know that you know what's going on, that is all I
need to know.
Mr. McCrary: Right! Mr. Mayor, my only concern is...
Mayor Suarez: The ultimate conclusion, you know, is still pending. It is
Just...
Mr. McCrary: All right, Mr. Mayor, my only concern is, if you are having your
independent people to review it and give you a report, are we...
Mr. Dawkins: It does not mean, Counselor, we have got to accept it.
Mr. McCrary: I understand that, Mr. Mayor, and that is what I am trying to
understand, Mr. Dawkins - does it mean we are subject to some further review
by the Commission again, to rehash the same things that we have been rehashing
over the past months?
Mr. Dawkins: We are telling you now sir, that whatever mistakes have been
made, I think, that we are going to grandfather them in and we are going to
hold four and five hostage it if means stopping your arena.
Mayor Suarez: Right.
Mr. Dawkins: That is what we are telling you, sir.
Mayor Suarez: And that is in the form of a motion.
Mr. Dawkins: And if that is not... you come right here, and I will explain it
to you in ghettoese!
Mayor Suarez: That is in the form of a motion... before we get into
- ghettoese, that...
Mr. Plummer: Well, you have got to reconsider the motion to defer.
Mayor Suarez: ...repeals the prior motion that holds up any work on
subcontractor bids. Am I clarified? Commissioner Dawkins?
Mr. Plummer: Well, Mr. Mayor, once again, I want to make sure that it is
understood that that motion is worded that the City Commission does not object
to the awarding of package one, two and three. I want it...
Mayor Suarez: That's exactly what that motion is.
126 March 13, 1987
Mr. Plummer: Well, I am going to put the intent of why I am being so specific
on this thing - that this Commission is not awarding the bids. _
Mayor Suarez: Neither is the Authority, neither is LCcoina, as far as I can
tell. It is actually Linbeck.
Mr. Plummer: The Sports Authority is awarding the bids, not us!
Mayor Suarez! I see some heads going like this, and some like that!
Whatever, it is not the Commission, it is understood.
Mrs. Kennedy: It is not us, that is for sure!
Mr. Plummer: Exactly!
Mayor Suarez: All right, but we are setting up the rules by which it is done,
OK. We have a motion.
Mr. Marks: May I ask one thing. So what it is, I am going over right now
through the major portions of bid pack one, two and three, which I am getting
the contracts to go through, check the prices and check the scope of work. If
they are considered, I can go ahead and sign those off. Bid packs four and
five will not be done until they come before the Commission, is that what...?
Mr. Plummer: That's correct.
Mayor Suarez: That's correct.
Mr. Marks: All right now, it includes the plumbing, it's electrical, it's
structural steel...
Mr. Plummer: Anything in one, two and three.
Mr. Marks: OK, just want to get it straight.
Mayor Suarez: You have got it. We are repealing the prior action of the
Commission.
Mr. Marks: OK, thank you.
Mayor Suarez: Any further discussion of the motion? Do we have a motion and
a second?
Mr. Plummer: I will make such a motion.
Mayor Suarez: No more remarks, please. We are looking into this beyond what
any Commission of any city, any part of the world has ever done, and we are
monitoring it as closely as you possibly can monitor it and that is the best
we can do. I think this Commission has stated rather clearly that we are not
going to stop the work at this point and jeopardize a major project of this
sort.
Me. Kathleen Y'hillips: Other than the fact that we were on this agenda and
that we should be allowed to at least present our presentation as much as they
have had their opportunity...
Mayor Suarez: This is in effect, an agent for the City of Miami we are
trying to clarify so we can complete this project. You have had more
oversight than you could possibly have under any...
Ms. Phillips: I understand. All I am asking is...
Mr. Carollo: She deserves the opportunity.
Mayor Suarez: OK, make a quick statement.
Me. Phillips: I would like to... Kathleen Phillips again, on behalf of
Benjamin Plumbing. What we wanted to address today is and I understand that
this Commission has been vigilant in attempting to address the concerns that
have been brought up previously to it by instigating the investigation. We
received the report and recommendations at 9:00 o'clock last night, and like
you all, have not had much chance to look at the validity of the findings and
the recommendations.
129 March 13, 1987
'rd 9
Mr. Plummer: You got them before we did.
Ms. Phillips: Excuse me?
Mr. Plummer: You got them before we did.
Mr. Phillips: I understand that and I think that you should have that
opportunity inasmuch as we should have a greater opportunity to do so
ourselves. With just a limited amount of time, we have had to look into the
recommendations. With respect to Benjamin Plumbing, we have found certain
erroneous assumptions within that recommendation that we would like brought to
the Commission's attention, once the Commission has had a chance to...
Mayor Suarez: Well, you are going to do plenty of that in the next Commission
meetings because of the procedure that we have instituted.
Ms. Phillips: Except for the fact that you are about...
Mayor Suarez: But, we are not going to hold up the work.
Ms. Phillips: ... to award the bid, and preclude...
Mayor Suarez: Subject to every recommendation and every consensus of this
Commission and every consideration that we could possibly, you know, for...
Ms. Phillips: Yes, sir, but you haven't looked at the recommendations or
heard what the problems are with that recommendation.
Mayor Suarez: We can't do it in the amount of time in question, but we are
going to do it constantly, so you will have many shots at the apple, many
bites at the apple.
Ms. Phillips: Other than the fact that we have lost the bid.
Mayor Suarez: We don't know that yet. We don't know that yet!
Ms. Phillips: You have just authorized them to award the bid.
Mayor Suarez: No... yes, but we don't know who is going to get it, because
they have to take into consideration everything that has been said here today.
Call the roll on the motion.
Ms. Hirai: Commissioner Plummer moved it. We need a second, Mr. Mayor.
Mayor Suarez: Do we have a second? (INAUDIBLE BACKGROUND COMMENTS)
Seconded.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-273
A MOTION RESCINDING M-87-272 WHICH HAD ORIGINALLY
DEFERRED TW:% ITEM; FURTHER APPROVING AWARD OF BID
PACKAGES 1, 2, AND 3 BY LINBECK IN CONNECTION WITH
CONSTRUCTION WORK TO BE DONE AT THS MIAMI ARENA SITE
WITH THE CLEAR UNDERSTANDING AND COMMITMENT THAT
BEFORE PACKAGES 4 AND 5 ARE AWARDED, THE PERCENTAGES
FOR MINORITY PARTICIPATION WILL BE BROUGHT UP TO MEET
THE PERCENTAGES PREVIOUSLY STIPULATED BY THE CITY
COMMISSION; FURTHER STIPULATING THAT SHOULD THIS NOT
BE THE CASE, THIS MATTER WILL BE BROUGHT BACK BEFORE
THE CITY COMMISSION TO DETERMINE WHAT CAN BE DONE IN
CONNECTION THEREWITH.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
130 March 13, 1987
, a
Li
0 r
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Figueroa: I need to speak on this item, Mayor Suarez, because it was
allowed, the other side was allowed to make a statement of what the work force
participation is out there...
Mayor Suarez: OK, I am letting you make the statement. What do you want to
say?
Mr. Figueroa: Basically, I want to give my percentages of what I got in
regards to conflict if the work force participation that is being claimed as
high as 39 and 50 percent...
Mayor Suarez: You are going to get plenty of opportunity to do that if you
are going to affect the bid package four and five prospectively, one, two and
three retroactively, what more do you want? It could lead to arbitration, it
could lead to the undoing of contracts, but it is not going to stop the work,
that's all we have done.
Mr. Figueroa: Let me make it clear to this Commission...
Mayor Suarez: It could lead to a finding of bad faith by this Commission.
We...
Mr. Figueroa: Let me make it clear to this Commission, all right?... that is
not the intent of the carpenter's organization, all right?... in regards to
stop the work at the arena, in any way or any fashion...
Mayor Suarez: That's why we...
Mr. Figueroa: ... and it is not the intent to stop the N.B.A. franchise from
coming to South Florida, we will welcome it with open arms, but when the work
force... the taxpayers of this community, all right?... are being cheated out
of their appropriate benefits, in regards to the work that they are supposed
to be getting out there, which is not being entitled to them, then, we are not
going to wait to the completion of the arena for us to claim our share of the
work. And what is happening right now, out there, is with a total manpower
source of 81 men on the job site, on the average, you got about 34 Black
participants of this community; 27 are local based, mostly provided by labor
organizations that have agreements on that particular job site, most of them
doing laborer's work, or helpers, as they claim in their own report, as of
this morning. Female participation, they have got one female for the whole
project, participating in the work force. Hispanic participation, seven, and
six of those are out of state, they are from Texas. The non, the White
participation, Anglo-Saxon, 38, total work force of 81. We mean to tell me
that one local Hispanic...
Mayor Suarez: By the way, as long as you are giving us the figures, do you
have any idea how many of the Whites are from Miami, or from this area as
opposed to out of state? You don't have that?
Mr. Figueroa: I don't have that specific statement. I do have the... in
regards to the carpenters, I do have that.
Mayor Suarez: OK, those are your figures. We may conclude that those figures
are correct. We are beginning the process on Monday.
Mr. Figueroa: This has been going on since January 19th.
Mayor Suarez: We can't do it... you...
Mr. Figueroa: Mr. Mayor, thank you for your time and consideration.
131 March 13, 1987
Mayor Suarez: Thank you for your statement, Gus. We have even gone to the
site, we have taken pictures of license plates, we have done just about
anything you could possibly do by way of oversight. You can't ask any more of
this Commission.
------------------------------------------------------------------------------
54. ACCEPT CRITERIA FOR EVALUATION OF SELECTION OF SENIOR MANAGER FOR PROPOSED
REFUNDING OF $33,000,000 GENERAL OBLIGATION BONDS. (See label 858)
Mayor Suarez: Agenda item 58.
Mr. Carlos Garcia: Mr. Mayor, members of the City Commission, we are
proposing that the City refinance the $33,000,000 in bonds that were sold in
1985. To that effect, I think the citizens of this community will accrue
savings of $2,500,000. In front of you, we have the proposed selection process _
that we are proposing at this time. An R.F.P. was sent to various
underwriting firms - 22 proposals were received. The names of the firms are
listed in your agenda material. Subsequent to that, the City Manager has
appointed a selection committee composed of six members - three from the
Administration and three from the outside. The outside citizens are Arthur
Hill, Amadeo Lopez -Castro, Joseph Pogue. From the Administration, we have
Wally Lee, John Blaisdell and myself. What we are proposing to do, is based
on the six basic criterion of the R.F.P., is to award 100 points to every
firm. The first criteria is that of the ideas and the refinancing, and the
spread of the fees that they will charge the City for doing the work. That
will take 60 points, and the next 5 points will go to their experience in
general obligation refundings during the last 12 months, 5 points to the
general obligation refundings in the State of Florida experience, 10 points to
the structure of the firm, and capital, and 10 points to the people that will
be working on the project, and 10 points for minority participation. At this
time, we would like to have your input on this process.
Mrs. Kennedy: Carlos, let me ask you something. The priority here is to get
the best deal for the City.
Mr. Garcia: That's right.
Mrs. Kennedy: I understand that most of the large companies are based in New
York, but shouldn't we also give some points to the companies that are based
in Miami, that pay local taxes...
Mr. Plummer: City.
Mrs. Kennedy: Oh, I am sorry,and hire local people rather in the City that pay
local taxes?
Mr. Garcia: That is the right. The reason we have not included that criteria
here is that this R.F.P. was sent before the selection process that we had for
the Convention Center refunding. At that time it was when the City Commission
expressed their intention to award points for local participation.
Mr. Plummer: I will move that the six points that are proffered by Carlos
Garcia be accepted as the criteria used in the evaluation of the R.F.P.'s.
Mrs. Kennedy: Second
Mayor Suarez: So moved and seconded. Are you going to include also a number
of companies selected on a rotating procedure for...
Mr. Odio: What I would like to do is bring you the top five and then select
from there.
Mayor Suarez: But, are we going to select a short list for a period of time,
and do rotation and all of that? Is that going to be part of your
recommendation at this point?
Mr. Garcia: We would like...
Mr. Odio: I think, Mr. Mayor that... no.
132 March 13, 1987
•
Mr. Garcia: No, sir.
Mr. Odio: I prefer to keep an open bid.
Mayor Suarez: Just the criteria right now?
Mr. Odio: Because of the open bid process, we had 22 proposals and the more
proposals we have, the better chances we have of getting better deals.
Mayor Suarez: OK because if we are going to recommend that... now, don't
change your mind, if we are going to recommend that, we can't do it once they
have already presented their bids, otherwise, we have the same problems as
last time, that we didn't give them fair warning, that we are going to short
list for a period of time. I thought you were going to recommend that we
short list?
Mrs. Kennedy: So did I.
Mr. Odio: No, in fact, I said the last time, that I recommended you keep it
an open bid.
Mayor Suarez: All right, each time we will have 22 applications, I mean, I
don't know how many more we are going to do in one year, but each time we are
going to have to go through this process.
Mr. Garcia: Mr. Mayor, I think that would be beneficial to the City to go out
and get proposals every time we go into a bond sale.
Mayor Suarez: Well, everything has its benefit. I can see the benefit in
that, of course. The benefit on the other is that you are able to negotiate
like we have done with bond counsel, like we have done in other areas.
Mr. Plummer: Yes, but I just feel that the more bids you get, the better
chance you have got of getting a better deal for the City - you know,
competitive bidding, there is nothing wrong with that.
Mayor Suarez: OK, on the criteria then, if that is what the City's
recommendation is, we will call the roll on that motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-274
A MOTION ACCEPTING THE CRITERIA USED BY THE
ADMINISTRATION IN THE EVALUATION OF REQUEST FOR
PROPOSALS RECEIVED IN CONNECTION WITH THE SELECTION OF
UNDERWRITERS FOR A PROPOSED CITY OF MIAMI GENERAL
OBLIGATION REFUNDING BOND ISSUE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Yes, addressing that issue, please.
Mr. Craig Dunlap: Yes, sir. My name is Craig Dunlap, I represent the firm of
Dean Witter Reynolds. I just wanted to provide a little bit of input in
regard to this selection process. I think that the criteria that has been
proposed is extremely adequate and I commend you for that. I wanted to
introduce with me today, Mel Gordon, vice-president for investments, and with
me, Sylvia Seaton, vice-president with our firm here locally. We...
133 March 13, 1967
Mr. Plummer: Sir, are you a bidder in this process?
Mr. Dunlap: Yes, sir.
Mr. Plummer: I don't think it is proper that you should be doing a
commercial.
Mr. Dunlap: Well, I am not trying to do a commercial, but
Mayor Suarez: Yes, if you are going to address the sel on criteria, that
is what we are interested in.
Mr. Dunlap: Right, well, I think the selection criteria �.nat you proposed is
very adequate, and I wanted to at least express our interest here at Dean
Witter, and our local public finance office here, of our extreme interest in
your project in doing your refinancing.
Mayor Suarez: Thank you.
Mr. Dunlap: Thank you.
Mayor Suarez: Anyone else to address the selection criteria?
Mr. Plummer: Well, let me ask this question. Mr. Garcia, when do we expect
this list to come back with the five names?
Mr. Garcia: Hopefully, by the end of the month. We hope to be able...
Mr. Plummer: On the 31st?
Mr. Garcia: Yes, sir.
Mr. Plummer: All right.
Mr. Garcia: Be back by then.
Mr. Alan Koslow: Mr. Mayor and members of the Commission, my name is Alan
Koslow, I am with the firm of L. F. Rothschild, Unterberg & Towbin.
Mr. Plummer: Are you registered as a lobbyist, sir?
Mr. Koslow: I believe the firm is. I am not.
Mr. Plummer: No, you can't. It is individually.
Mayor Suarez: Are you being compensated for your appearance, or are you just
here on behalf of your firm?
Mr. Koslow: I am just here on behalf of the firm.
Mr. Plummer: You are not representing a client?
Hr. Koslow% No, I am representing the firm.
Mayor Suarez: Yourself?
Mr. Koslow: Yes, I am an employee of the company.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Koslow: I am not a lobbyist for the company.
Mr. Plummer: The City Attorney says you have to register, sir.
Mrs. Kennedy: It only takes five minutes. All you need to do is see the City
Clerk and fill out some papers.
Mayor Suarez: OK, go ahead and fill out your form.
Mr. Plummer: Sure, the IRS will love you.
Mayor Suarez: We didn't ask Dean Witter the same question, but... yes, sir,
•+n
134
March 13, 1987
Mr. Mel Gordon: My name is Mel Gordon, I am with Dean Witter, I am registered
as a lobbyist. I wanted to bring the attention of the criteria selection
portion that refers to doing business with the companies that have been in the
City of Miami, paying taxes in the City of Miami, and I think that that should
be considered as a strong evaluation in considering the evaluation for
primarily those companies that are doing that type of operation here, with
full branch operations, and by that, I mean specifically full branch
operations, and not just one store front type of a situation that we sometimes
find. The criteria can include those companies that are doing business in the
City of Miami, and have been doing for many, many years. In addition to that,
I think the criteria ought to specify specifically those bond issues refunding
that have been done both locally and in the State of Florida, as well as
national distribution, and the ability to be able to market those bonds on a
national basis within a short of period of time, and also the criteria should
include those companies that are being able to move marketability in a
situation such as the refunding deal in order to be able to get these things
out to the public and in the hands of the City of Miami bond holders, as well
as the hands of the City of Miami residents,and the State residents who are
able to profit from bonds which are held in the State, therefore avoiding any
taxes, and any situations such as we find in other states. Thank you.
Mayor Suarez: I thought we had heard from Dean Witter already.
Mr. Plummer: Let's move on to the next item.
Mayor Suarez: Anyone else?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: OK, go ahead and fill that out.
AT THIS POINT, THIS ITEM WAS MOMENTARILY DEFERRED.
------------------------------------------------------------------------------
55. ACCEPT IN PRINCIPLE FY-086-187 DEPARTMENT OF OFFSTREET PARKING CAPITAL
PROGRAM.
------------------------------------------------------------------------------
Mayor Suarez: What is the next, 59?
Mr. Odio: 59.
Mayor Suarez: Yes, sir. Item 58.
Mr. George Schulte: 59. Did you call 59?
Mayor Suarez: Yes, we are going to get a report from the Off -Street Parking
Authority on that capital improvement program. Do you wish to address that?
Mr. Schulte: I wish to address that specific item, yes.
Mayor Suarez: OK, let's hear from the Authority, first.
Mr. Schulte: George Schulte. Did you say you wanted to hear from the...
Mayor Suarez: Let's hear from the Authority first, and then we will hear from
you, air.
Mr. Leslie Pantin: Good evening, I am Leslie Pantin, I reside at 150 S.E.
25th Road, City of Miami. I am the chairman of the Off -Street Parking
Authority, the Department of Off -Street Parking. In 1951, the Department
changed its direction and has continued to change since then, trying to be
more responsive to the City of Miami's needs. The goals were to manage the
system well, to make money, to reinvest with no tax support and assist
community development process. In 1985, when I assumed the chairmanship, we
began an effort to work with City officials more closely, and as an example,
we asked the City Manager to assign Mr. Herb Bailey to attend our meetings and
we started a diligent process of meeting with the elected officials to keep
them abreast of what was happening and to in turn learn of their desires and
135 March 13, 1987
lJ�
their needs as to their views from their electorate. Staff was instructed to
brief the Commission on all issues, which we believe is done diligently before
parh r;tv Pnmmtspinn mpattnp when an issue that pertains to our Department is
on the agenda and meets with staff and any Commissioners who wish to meet with
us. We updated our five year plan which had been previously developed by Off -
Street Parking Authority and approved by the City Commission, and continued to
keep it updated. Our annual budget clearly states our capital projects. The
issue before us today is a first in the sense that the Department of Off -
Street Parking is offering to share its net revenues with the City, expected
to be around $500,000 our next fiscal year, and we are also bringing you a
$14,800,000 capital program at no cost to taxpayers. We already gave the City
$1,100,000 in parking ticket revenue, from which the Department of Off -Street
Parking gets no revenue at all. In summary, we believe the Department serves
the City well. We assist in the neighborhood development programs. The bond
rating that we bring to the...
Mayor Suarez: I presume that is what you are here to tell us about, right?...
the improvement program?
Mr. Pantin: Right, yes.
Mayor Suarez: For us to approve?
Mr. Pantin: For you to approve, sir.
Mayor Suarez: Is it a five year program, two year program, or what?
Mr. Pantin: We have a capital development program which we submitted to you
and it is within our five year plan.
Mayor Suarez: Is there any specific capital improvement project that you need
approval from today?
Mr. Pantin: No specific one, sir, except the ones that are on the list. We
are not seeking for a specific one at this time.
Mayor Suarez: Is there any one that needs approval today that we haven't
approved already?
Mr. Pantin: There is none that specifically needs approval today, but what I
would like before I..
Mayor Suarez: So you are here to give us the philosophy and the hi�Aory of
— the Off -Street Parking Authority and convince us that it is a worth while
authority. That's not what I understood was on the agenda.
Mr. Pantin: What we need is an overall approval of our five year plan that,:
contains our capital projects, but not a specific project itself.
Mayor Suarez: You are not asking us to remove the prior Commission ordinance,
or resolution, I guess it was, by which each single project would have to be
approved, as it...
Mr. Pantin: Absolutely not, absolutely not. Now, the next thing I would like
is that our vice-chairman...
Mr. Plummer: Wait, whoa! If no one on this Commission has any problem, I
will so move, as we do, with the regular City of Miami capital improvement
budget, it is a projection, it is not in concrete and this Commission at all
times reserves the right to approve every single project. I would move at
this time that we accept in principle, the capital budget of the Off -Street
Parking Authority, I so move.
Mayor Suarez: So moved.
Mr. Plummer: It can change at any time.
Mr. Carollo: Second.
Mayor Suarez: Seconded.
Mr. Dawkins: Under discussion.
136 March 13, 1987
•
Mayor Suarez: Yes.
Mr. Dawkins: Mr. .•.anaaer, wnac is the debt service on garage number 5?
Mr. Odio: I'll have to get you that figure, Commissioner.
Mr. Pantin: I wonder if...
Mr. Odio: $1,200,000.
Mr. Dawkins: All right, who comes up with that $1,200,000?... Off -Street
Parking, or the City of Miami?
Mr. Odio: No, we are, it is the City's.
Mr. Dawkins: OK, when they say in terms that they are giving me $500,000, I
am giving them $1,200,000, so now how are they giving me $500,000?
Mr. Pantin: But that garage does not belong to the Department of Off -Street
Parking. It belongs to the City of Miami. We only manage it, sir.
Mr. Dawkins: All right, Olympia Building, how much rent we pay them in the
Olympia Building?
Mr. Pantin: We only manage that, sir, it is not...
Mr. Dawkins: Mr. Manager, how much rent do we pay Off -Street Parking to lease
space in the Olympia Building?
Mr. Odio: $150,000, is from my memory.
Mr. Dawkins: OK, so now, you see, when you talk in terms of being benevolent
to the City, you also have to think in terms of how benevolent the City is to
you, OK?
Mr. Pantin: We only manage that building, sir. We don't own it, we don't...
we haven't financed it, it was only put under the tutelage of the Department
of Off -Street Parking by Mr. Gusman when he donated it to the City.
Mr. Dawkins: OK, I am going to say now, as I have said ever since I have been
here, and I don't think I am going to change. Off -Street Parking, and the
D.D.A. should be put in the Manager's office, so that all revenue coming into
Off -Street Parking, etc., will be generated and handled just like all other
funds in the City of Miami, and that is just Miller Dawkins' personal opinion.
Mr. Plummer: My motion does not contradict Commissioner Dawkins' conversation
in any way. Mr. Mayor, I still would move in principle, we accept the capital
project program, as proceeded by the Off -Street Parking Authority, fully
understanding that each and everyone of those projects therein contained must
be approved by this Commission. I think it is good to have a five year
program, so I move the adoption of that,
Mrs. Kennedy: Did you get a second?
Mayor Suarez: Sort of a master plan.
Mr. Plummer: Yes, that is all it is.
Mayor Suarez: We have a motion and a second. Any further discussion on that
particular motion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-275
A MOTION ACCEPTING IN PRINCIPLE THE FY-'86-'87 f
DEPARTMENT OF OFFSTREET PARKING CAPITAL PROGRAM.
i
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote-
f
137 March 13, 1987 t
0
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Carollo: If I could...
Mr. Plummer: Excuse me, Joe, if I may.
Mr. Carollo: Go ahead, J.L.
Mr. Plummer: Commissioner Dawkins, I don't know if you were on this
Commission, and that's one of the problems, being around for a long time...
Mr. Dawkins: You bragging or complaining?
Mr. Plummer: Well, maybe both, OK? Let me remind you of something on that
particular garage 5. Off -Street Parking Authority didn't want to build that
garage, and unfortunately, this Commission forced it down the throats of
others, because Metropolitan Dade County made a guarantee to this City that,
"If you build that garage, City of Miami, we will occupy 50 percent of that
garage," Which gave us a guarantee' income on that garage. We in turn went to
the Off -Street Parking Authority and said, "Look, we are not in the business
of management, you are," and they agreed upon a fee. Now, the real criteria
and the real problem in that parking garage number 5, is that the County has
never used it for a single vehicle. Now, they made us a promise, "Build it,
we need it, we have got to have it across the street from the Cultural
Center." We said, "OK, County, we'll buy it and we'll do it." So, I want the
record to reflect, that 4f I not mistaken, the Off -Street Parking Authority
was opposed to it. They wanted to put it further down the street, but they
are only a management of that thing, and the real culprit in this matter is
the County not living up to their obligation to the City of occupying at least
50 percent. I'd like to send them a bill for it.
Mr. Dawkins: As said, it is a good thing that I did come late, but I am the
same guy who spat here and told you when you gave Dade County the right to land
their bridge, on our streets, that we were again giving away the kitchen sink,
OK? If we knew then that they did not pay us for the parking garage, that
should have been a part of the ante, to give them the right to put the street
down, I.L.
Mv. Plummer: I agree.
56. EMERGENCY ORDINANCE: CITY MANAGER TO REVIEW METERED PARKING ZONES.
Mr. Carollo: Well, if I could add a couple of points. One statement I'd like
to make is that the little campaign that certain individuals have been
orchestrating against the Off -Street Parking Authority is one thing, but when
they personalize it to the extent that they are lying, and phone calls are
being made into radio talk shows, to the extent where they are accusing Mr.
Pantin of privately owning the Off -Street Parking Authority, which is one of
the biggest plain lies that I have heard in this City out of many.
Mr. Dawkins: You wish you did, huh, Leslie.
Mr. Carollo: It is going to an extreme, and I for one will ask all of my
colleagues here that might know of anyone that is making these libelous
statements, to make sure that they are stopped and they are corrected, because
they are not true. Now, unless the Mayor would like to present, as I read in
today's Herald, as he was going to present something today, if he would like
to present anything else, I will wait until he is finished, but if not, I
would like to present an ordinance that I have before us here today.
138 March 13, 1987
Mayor Suarez: Fine. The Miami Herald isn't very accurate on a lot of points,
including that one.
Mr. Carollo: Well, let me ask you something that I am really curious about,
because this really surprised me. You know, you said that last campaign, he
demagogically flashed to the voters he would knock down the City's parking
meters with a machete. You didn't say that, did you? Did you pledge to knock
down the parking meters with a machete.
Mayor Suarez: Commissioner, you asked if I was going to present anything
today, and if the Miami Herald was correct in that, I answered you.
Mr. Carollo: Well, what I am trying to clarify, you know, the statement to
show how the Miami Herald, you know, says things in an editorial without even
checking them out, that is why I just wanted you to, you know, clarify that.
Mayor Suarez: It is one of the big problems that they do.
Mr. Carollo: Well, I still don't understand if that was right. or if it was
wrong. I through of it before, but anyway, let me get to my ordinance:
(THEREUPON, COMMISSIONER CAROLLO READS ORDINANCE INTO THE PUBLIC RECORD. SEE
HEREINBELOW)
Mr. Carollo: What I would like to include also in this ordinance is that the
City Manager would have no more than 60 days from the time that he receives
from the Off -Street Parking Authority, whatever information they present to
him, so that he can make a final determination in a period of time that is not
going to be unreasonable, and that's my ordinance, so I move.
Mr. Plummer: Second.
Mayor Suarez: So moved and seconded.
Mr. Plummer: Under discussion, Joe, you are saying that any new meters would
be reviewed and that the Manager would have approval thereof.
Mr. Carollo: Of course, now...
Mr. Plummer: OK, what about present meters?
Mr. Carollo: Well, this talks about present meters also.
Mr. Plummer: Would he have the authority, under this ordinance, to rve
meters?
Mr. Carollo: It says:
"Further providing that all the existing metered parking zones
shall be subject to review by the City Manager and modifications
thereto, including, but not limited to, additions, removals, and
relocations shall be subject to the approval of the City Manager."
Mr. Plummer: All right, well then, I have to ask the intent, because that is
not clear to me. Does that refer to new, from this day forward, or from all
that are presently in force?
Mr. Carollo: Madam City Attorney, can you clarify the legal terminology of
what we have read here?
Mrs. Kennedy: Joe, I don't know, I don't like it. I need more clarification.
Mr. Plummer: Well...
Mr. Carollo: Well, I think that that is why we have a City Attorney, so she
could give the legal clarification, what was written here.
Mr. Plummer: All right, go ahead, Madam City Attorney.
Mrs. Dougherty: Yes. sir, Mr. Mayor and Commissioners, this ordinance will
not abrogate any existing contracts, would include any bond indentures that
are outstanding; therefore, the City Manager would have to insure that the
revenue stream...
139 March 13, 1987
r
Mr. Plummer: OK.
Mrs. Dougherty: ...continues in the same amount. If we take....
Mr. Plummer: That is the important factor.
Mrs. Dougherty: ...parking meters away from one place, we would have to
insure that the revenue stream is coming from somewhere else.
Mr. Plummer: All right, and the other factor, this ordinance, in no way,
placates the edict or the policy of this Commission, that at no time, shall
there be any parking meters in residential sections. Is that correct? That's
the policy of this Commission.
Mrs. Kennedy: That is the policy.
Mr. Carollo: The Manager will be following the policy of this Commission. It
has to be approved by him.
Mr. Plummer: OK, but this... all I am asking, Joe, is if this ordinance, if
approved, does not change that policy.
Mr. Carollo: Of course not.
Mr. Plummer: OK.
Mrs. Kennedy: But, isn't this going to...
Mr. Carollo: In fact, on the contrary, reinforces that policy of this
Commission upon the Manager.
Mrs. Kennedy: But, isn't this going to create more bureaucracy?
Mr. Carollo: No, not really, Commissioner. The Manager understands that he
has to count to three.
Mr. Plummer: Does the Department of Off -Street Parking wish to address that
issue, or make any comment, scream, holler, laugh, joke, softshoe?
Mr. David Weaver: Mr. Mayor and Commissioners, my name is David Weaver, I am
vice-chairman and chairman of the finance committee of the Off -Street Parking
Authority. We have no objection to this ordinance as read. At the present
time, we present to the City Manager on an annual basis our annual and our
five year plan, which details our intention to add, delete, or maintain
meters or build garages, or any other activities of this Department.
Mr. Plummer: So you have no objections to this ordinance?
Mr. Weaver: No, sir.
Mr. Plummer: Very good.
Mayor Suarez: Any further discussion from the Commission on that?
Mr„ Plummer: Call the roll.
Mayor Suarez: Are you asking to address that particular motion? Go ahead,
air, Mr. Schulte.
Mr. George Schulte: Mr. Mayor, George Schulte. I might ask before making my
statement...
Mayor Suarez: Give us your address and...
Mr. Schulte: 1235 Coral Way... before making my statement, in which I Will
certainly address the ordinance, but I was hoping that I would be given ample
time to address what I see as more than an ordinance, but a major problem. It
would seem to me what would be a most opportune time for the...
Mayor Suarez: Well, at this point, address the ordinance, and then we Will
take up any other comments you have on any matters related to this.
140 March 13, 1907
Mr. Schulte: Well, on the ordinance before you, I would ask that the
Commission defer until another meeting and then t wrnllri like to Malta Mir
statement.
Mayor Suarez: Anyone else on that issue? Commissioners? Call the roll. Jim?
Mrs. Dougherty: Was the ordinance read? Did he read the whole ordinance?
Mr. Jiro Engleton: Mr. Mayor, Commissioners, I am Jim Engleton, the president
of the Greater Biscayne Boulevard Chamber of Commerce. We have made our
arrangements, we have arrangements with the Off -Street Parking Authority to
provide parking meters in certain portions of our area, the northeast area.
Our members voted on this unanimously, that they wanted to organize parking in
the northeast area of Miami. We feel that would be a benefit to our area, and
we would just like to know, just for the clarification, would this affect what
we already have going now. In other words, do we have to go back...
Mr. Plummer: Jim, I don't think in any way the Manager would disapprove where
people are asking for them. I can't imagine thatt
Mr. Engleton: OK, thank you very much, thank you.
Mayor Suarez: Call the roll.
Mr. Plummer: Excuse me, Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. Plummer: I think that we need one other, or do we?... do we need an
appeal process if the Manager were to deny, to be brought before this
Commission?
Mr. Carollo: Well, of course, they always have right to come in before the
Commission.
Mr. Plummer: OK, fine, so then we don't... OK.
Mrs. Kennedy: Mr. Manager, why are we approving this as an emergency
ordinance? Why can't it be first reading?
Mr. Odio: Well...
Mrs. Kennedy: Well?
Mr. Odio: If we are going to get it going, we might as well do it right away,
Commissioner. If not, we have to wait another...
Mr. Carollo: As the emergency is the public demands that action be taken now.
Mr. Odio: Yes.
Mrs. Kennedy: All right.
Mr. Carollo: At least, that is what I understood from hearing the Mayor
speaking on one of the radio programs.
Mr. Plummer: Call the roll.
Mayor Suarez: Call the roll.
141 March 13, 1987
•
C7
AN ORDINANCE ENTITLED-
AN EMERGENCY ORDINANCE AMENDING SECTION 36-45 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
PROVIDING THAT THE CITY MANAGER SHALL REVIEW PROPOSED
METERED PARKING ZONES AND THAT PROPOSED PARKING METER
INSTALLATION AND FINAL DESIGNATION OF SAID ZONES AND
INSTALLATION OF SAID METERS SHALL BE SUBJECT TO REVIEW
BY THE CITY MANAGER AND THAT MODIFICATIONS THERETO,
INCLUDING, BUT NOT LIMITED TO, ADDITIONS, REMOVALS AND
RELOCATIONS SHALL BE SUBJECT TO THE APPROVAL OF THE
CITY MANAGER, CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the -
a following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Carollo and seconded
by Commissioner Plummer, adopted said ordinance by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10243.
Commissioner Carollo had previously read the ordinance into the public
record and announced that copies were available to the members of the City
Commission and to the public.
57. ALLOCATE $15,000 TO BORINQUEN HEALTH CLINIC TO HELP THEM SOLVE THEIR
PROBLEMS WITH PARKING FOR THE DISABLED.
------------------------------------------------------------------------------
Mayor Suarez: Sir, did you want to make a comment related to... we are going
to get back to your item in a second.
Mr. Odio: Mr. Mayor, if I may, while we are waiting, I'd like to see if we
can do the Miami Design District, since they need funds by Saturday.
Mayor Suarez: OK, we will get to that, but he has been waiting to make a
statement on the issue of the Off -Street Parking and I believe Mr. Schulte
also wants to... yes, sir.
Mr. Denny Wood: Mr. Mayor, members of the Commission, my name, for record, is
Denny Wood, I represent an organization, Dignity For the Disabled, and I
hadn't planned on coming today, but a friend who did...
Mayor Suarez: Do you use an address for your organization, or yourself?
142 March 13, 1987
Mr. Wood: P.O. Box 1056, Miami, 33257... but he is in the hospital, so I
decided to come for him and I am not a paid lobbyist, so I don't have to
register. One of the problems that we have had with Off -Street Parking, is a
history, over a two, maybe a three year period, trying to get some parking
that meets the needs of disabled and handicapped people in this community. I
brought for you a... it is a summary of a meeting that was held with the
Commission on the advancement of the physically handicapped with a man by the
name of Mr. Carlton. It is one of the more negative things about any official
that I think works with the City of Miami, and I'd like to at least leave this
with you, and I will give it to this lady, but you can have it...
Mayor Suarez: Does that... whose statement is that, though?
Mr. Wood: This is just the minutes of the Commission on the advancement of
the physically handicapped in 1985. I wanted to bring it as documentation of
what I am about to say. In the City of Miami, we have parking for the
disabled, or we are supposed to have parking for the disabled, and this
parking should comply with two... I am sorry, three different laws that the
State of Florida has in existence, that the State Legislature has passed. One
of the problems is the configuration of spaces, the signing of spaces is
another problem, and then thirdly, the location of the spaces. On top of
this, there has been a law, and it has been amended several times in the
Florida Legislature, about not requiring disabled people to pay in metered
parking, yet, the Parking Authority on lot 25, just as an example, that is
over by the Holiday Inn, and Cedars of Lebanon, they have some parking signs
for the disabled on a metered space, and then, over in another area, I've got
locations on a few of these, but there, they don't have a sign that is above
grade, saying, you know, parking for the disabled by permit only, or anything
like that, but then they go and put a symbol on the street, over on Biscayne
Boulevard, they have got a sign that has a palm tree on it, it supposed to be
parking for the handicapped, and yet, a few years ago, on this nasty little
summary here, Mr. Carlton talks about how all the people go to court and beat
these tickets, and the reason they are beating the tickets is because the
spaces aren't properly marked or properly signed and we have tried, you know,
and this report is about a group of people who tried to negotiate with this
authority, to get parking where they thought, as disabled people, they needed
it, and they failed.
Mayor Suarez: Well, let me tell you something, let me tell you something, if
I may interrupt you. After the last ordinance passed by this Commission, when
it becomes effective, you could probably just go ahead and deal with the City
Manager of the City of Miami and see if he is more responsive, because
apparently, he is going to have a very important role in the determination of
where the meters are going to be placed in the City of Miami and markings for
handicapped, and maybe you won't have to do as much with any particular
individual in the authority.
Mr. Wood: Well, a lot the things I...
Mayor Suarez: And I think you are going to find him quite responsive, and
this Commission.
Mr. Wood: OK, I am not belittling that, but I think one of the problems that
we are having, not only with off-street parking, but parks, building and
zoning and things, is that disabled people are completely eliminated from your
affirmative action program...
Mayor Suarez: That's another whole topic that we...
Mr. Wood:... and I think when we start including them, like at about a five
percent level...
Mayor Suarez: Yes.
Mr. Wood:... we will start having some voices on the inside of your government
that are knowledgeable.
Mayor Suarez: That we will have to take up on another day. We obviously
can't take that up today, but that is an interesting point.
Mr. Wood: Well, you know, I tried to ... you know I've got a letter in, I want
to talk about parks, I haven't got an answer on it. I hope I will get an
answer.
143 March 13, 1987
Mayor Suarez: Who did you send that to, sir?
Mr. Odio: It is the letter you sent to Kathy Noble, assistant director of
Parks and Recreation, is that what you are referring to?
Mr. Wood: Yes, I am asking to speak before the Commission. The only reason I
am bringing that up...
Mr. Odio: Yes, and I ordered to place you on the agenda. I got the letter
the day before yesterday.
Mr. Wood: OK, the only reason I am bringing that up, is in the past, under
different managers and different administrations, in my files, I've got three
different letters to people, trying to get a chance to come up here and talk
about, you know, real problem areas.
Mr. Odio: You will be on the next agenda, sir.
Mayor Suarez: Yes, we have heard that, in regards to different
administrations.
Mr. Wood: I will put some of these things in writing and I'll send them to
the City Manager.
Mayor Suarez: Thank you. Feel free to contact the individual members of the
Commission and myself.
Mr. Dawkins: Before you leave, sir. Mr. Manager, we get money from the State
for handicapped recreation or something. Why can't we apply to get money to
address some of these problems that this gentlemen is bringing to our
attention?
Mr. Odio: We get some monies for the Parks Department. I am not aware that
we can get any money for parking.
Mr. Dawkins: No, I did not say we did. I said, why can't we apply for it?
Mr. Odio: OK, for the parking... off street parking? That is what he is
referring to.
Mr. Dawkins: No, no, see, that is why you are not getting any results.
Nobody is listening. Nobody is listening, see? The man addressed four areas
over here of concern, not just the parking.
Mayor Suarez: No, the last one was general, Mr. City Manager.
Mr. Odio: Yes, we will be addressing...
Mayor Suarez: Roger, do you want to answer anything that is relevant at this
point?
Mr. Roger Carlton: Please, for balance on the record, my name is Roger
Carlton, I'm the director of Off -Street Parking. First time I ever met Mr.
Wood was five minutes ago in the hall, when he informed me that I should be
indicted. I have never heard a specific list of particulars. I welcome the
chance to most with him, to have his list of what he feels we are not
complying with and we will be more than glad to see if we can comply, but the
broad brush presentation may not be the facts. Thank you.
Mayor Suarez: Well, you've got a sheet here, and as far as welcoming the
chance to meet with him, apparently he has got a choice now of meeting with
you or the City Manager, or both. Mr. Schulte?
Mr. George Schulte: Yes, my name, again, for the record, George Schulte, 135
Coral Way, speaking as a private citizen, and I feel that today would be a
most appropriate time for an emergency item to be put forward by some member t
of the Commission for an investigation of the Miami Off -Street Parking
Authority. It might be time to investigate what I call the mushroom factory.
No other quasi -government, City of Miami group has so tarnished and harmed
your City image as this Off -Street Parking committee has harmed it. It has
been said and laughed around town this has become a rest home for ex-
144 March 13, 1987
's
government employees, sunsetted by various local governments. It has been
turned into an insidious and odious bond of the month club for an elitist
group of ad hoc appointed special vested interest individuals, simply another
non -group. Would this so-called Off -Street Parking Authority punish the
private citizens of Dade County? They wouldn't do that, except, yes, they
would do itlanswer is yes, they would punish. How would the punishment
be inflicted on the private citizens and the downtown merchants? Let me the
tell you the ways. Number one, an armed uniformed City of Miami policeman
rides shotgun on a private tow truck, inside the Parking Authority's garages,
as well as on the streets. The armed City of Miami policeman demounts the tow
truck, writes the ticket, simultaneously, with the tow truck hauling away the
car.
Mayor Suarez: Let me interrupt you, because I've never heard that one. What
happened to our City Manager? Jack, Walter, any of you?... Walter, you are
pretty familiar with the Off -Street Parking Authority and how it functions.
Do we ever have police officers riding shotgun with trucks from the Off -Street
Parking?
Mr. Jack Eads: (OFF MICROPHONE)... Off -Street Parking representative.
Mayor Suarez: Oh, OK, you are talking about uniformed member of the Off -
Street Parking Authority, but not a uniformed police officer? I hope we have
better use for our police officers than to have them riding around...
Mr. Schulte: It might be useful to check it out to see if there is a patch
that says City of Miami. Number two...
Mayor Suarez: It does say City of Miami, it is technically a department.
Mr. Plummer: But, it is not a policeman, and they are not armed, and they
don't go and write tickets inside of any of the parking garages, so that
statement is erroneous.
Mayor Suarez: Yes, I just want to clarify there are no police officers...
Mr. Schulte: Item number two.
Mayor Suarez: Yes.
Mr. Schulte: At the urge of the Metrorail bureaucracy, the Off -Street Parking
Authority has raised garage rates so punishingly high, as to try to stop
traffic by private vehicles into the downtown Government Center, trying to
force them to ride Metrorail. It is simply has not worked. Rates have been
increased as much as 100 percent a year, sometimes year, back to back, not to
pay off the bonds, but in the form of inflicting punishment on the private
sector. This Off -Street Parking Authority has accomplished de facto, barring
access by the private citizens to parking spaces, financed by the bonds, but
turned into parking spaces for government employees with permit stickers on
the bumpers, and effectively giving total control of the bond financed
downtown Parking Authority to parking spaces. This Off -Street Parking
Authority has thumbed its collective nose at you, the City of Miami
Commission, and laughs at you in private behind closed doors. Now, I feel you
have a superfluous layer of expense that can easily be run by you under the
office of your City Manager, with more income inuring to this...
Mayor Suarez: You know what?... let me stop you there. What we have done
today, combined with what we have done in the past, vis-a-vis the Off -Street
Parking Authority, from my perception, as far as I can tell, my analysis does
make the Authority superfluous. We have taken over just about every function
of the Authority so that they can't do anything without the approval of this
Commission and the City Manager. Whether we will eventually move to eliminate
the Authority or not is another question.
Mr. Schulte: Well, I applaud you and salute you for what you are attempting
to do. We need to drain this murkey swamp of private vested interests,
comprised of many of the so-called non group, exterminate and abolish this
dinosaur, give it a burial in Potter's Field. It will be the finest thing you
can do for the private citizenry of this City and of this County.
r Mayor Suarez: Thank you, sir, for your statement. If and when that campaign
begins, it sounds like you would be a spokesperson for it. Anyone else on
this issue? OK, we go back to item 58. You wanted to make a statement?
145 March 13, 1987
Mr. Pantin: Mr. Mayor, I just want to say as chairman of the Off -Street
Parking Authority, that as a Cuban refugee, I am happy that we live in a
and that is why I can tolerate...
Mayor Suarez; I am sorry, -go ahead, do you want to answer that?
Mr. Pantin:... I can tolerate the insults that for free we get from people
like Mr. Schulte, who have nothing else to do, but to appear onto this
Commission, and before the County Commission, and accuse this Commission
before the County Commission, and accuse the County Commission before this
Commission. It is democracy at work, it is why I tolerate it gladly.
Mayor Suarez: Sometimes the characterizations and allegations are better left
unanswered, because they fall of their own weight, but your comments are
noted. Yes, Emilio.
Mr. Emilio Lopez: Yes, I would like to speak on article 59, on something
related to it. My name is Emilio Lopez from Borinquen Health Care Center.
About three weeks ago, I was in front of this Commission. I presented a
project to you in relation to...
Mr. Plummer: Stop.
Mr. Lopez: What?
Mr. Plummer: Roger Carlton says he has got a solution. Let's listen to what
he has to say.
Mr. Lopez: I thought they were going to...
Mr. Dawkins: You want a solution, don't you? All right, well, stand and
wait. Quit while you are winning.
Mr. Lopez: Ok.
Mr. Plummer: He said he has got a solution. What is your solution?
Mr. Lopez: Yes, I want a solution, that is what I want to hear. I want to
hear that solution.
Mr. Dawkins: Go ahead Roger, tell us about it.
Mayor Suarez: No, there is no intention of changing anything right now.
Mr. Plummer: What is the solution? You said you had one, I am listening.
Mr. David Weaver: I didn't say it. My name is David Weaver, vice-chairman of
the Parking Authority. What I would like to do, and in response to the
request that was made to the Parking Board on Wednesday of this week, I'd like
to run very quickly, it will take about two minutes to run through how the
capital...
Mayor Suarez: Wait, wait, response to what request that was made on
Wednesday?
Mr. Dawkins: No, no, wait, now hold it. J.L. said you said you had answer
to his solution. Now, we are not going to let you piggyback in here and snow
us with what we told you we didn't want to hear.
Mayor Suarez: What, you are talking about that letter that I sent to Mr.
Pantin?
Mr. Weaver: Well, then we can't give you an answer, Mr. Commissioner.
Mr. Dawkins: Well, then thank you. Go ahead Emilio, with what you had to
say.
Mr. Lopez: Sir, as you recall, you instructed me to get in contact with
the...
146 March 13, 1987
Mayor Suarez: That is connection with a project that you have got, and you
are working with Mr. Carlton and the Authority to come up with a solution,
right?
Mr. Lopez: Right, and you instructed...
Mayor Suarez: Is there any indication that that is not progressing, that word
from anybody?
Mr. Lopez: Well, it...
Mr. Weaver: But the bottom line answer to Mr. Lopez' question is that upon
approval of our budget, the Parking Department is prepared to allocate from
its un-alloc,ted reserves. at the beginning of fiscal year 187-188, the sum of
$500,000. It will be possible for you as the Commission to allocate from that
in any way you wish, one way which has been proposed is to allocate certain
of those funds to Mr. Lopez' project.
Mayor Suarez: And your budget year begins when, David?
Mr. Weaver: 187-'88, sir.
Mayor Suarez: When does it begin?
Mr. Weaver: 187-188.
Mayor Suarez: What month, the same as ours?
Mr. Odio: October... on course with ours, so I wanted to do, Mr. Mayor, if it
possible, is to...
Mr. Weaver: October 1, 1987.
Mr. Odio:... lend the Design District, the money necessary now, and then we
get paid back from that fund, from the Off -Street Parking.
Mayor Suarez: What item is that? We are supposed to come up on that today,
or...?
Mr. Odio: They need the money right away.
Mayor Suarez: Oh, you were...
Mr. Dawkins: Mr. Carlton, Mr. Carlton, I just heard Mr. Weaver say that from
the $500,000,000, we can meet the needs of Mr. Lopez.
Mayor Suarez: Wait, Ron Silver is saying it's not quite $500,000,000.
Mr. Dawkins: And when you and I talked the other day, you told me you were
going to meet the needs of the people in Liberty City from the $500,000, then,
you told me you were going to meet the people's needs in Coconut Grove from
the $500,000. I mean, what do we have, a phantom $500,000 we can just move
around from one of the depressed areas to the other? No, no, Carlton has to
answer this. I did not talk to Mr. Weaver, I talked to Mr. Carlton.
Mr. Carlton: Mr. Mayor and members of the Commission, there is about six
issues swirling around in this one set of circumstances. Let me try to bring
a summary to it. We were going...
Mayor Suarez: Well, maybe the Commission will want to hear on all of the
issues, but right now, the only question, is, are we progressing sufficiently
on the issue of the Borinquen Health Clinic?
Mr. Carlton: Yes, sir, and may I have one minute of your time?
Mayor Suarez: Can you give us an indication of where we might be heading with
the Borinquen Health Clinic, Roger?
Mr. Dawkins: That is all you need, that's all we need.
Mr. Carlton: All right, on the subject of Borinquen, there are two
alternatives. Keeping in mind that legally, and I don't this Commission would
147 March 13, 1987
0
ask us to do anything illegal. We cannot give him the lot, so we have to find '
a creative alternative. There are two, the first one is...
wayor buarez: He's being creative.
Mr. Carlton:... from the $500,000, OK?... which we will give you to spend as
you wish, you can reallocate to us, the annual rent, which would have been
$15,000. Then he can have the lot to do with as he wishes. That is one way
to solve that problem.
Mayor Suarez: You are not going to object to that, Emilio, I hope. All right
air, Emilio, why don't you sit down, you are doing well.
Mr. Carlton: There is another alternative, if you don't want to spend the
$15,000, and that is, that the City, within its vast milieu of available
property, can find a similar piece, with a comparable income stream, and we
can bring up another parking lot, and essentially trade. This was an easy
problem that could of have been solved.
Mayor Suarez: The first alternative seemed a lot simpler, but we will have
to get to that at the appropriate...
Mr. Carlton: Either way, something can be worked out.
Mayor Suarez: Thank you, Roger. OK, now we go back to item... yes, Dave.
Mr. Weaver: Just before finishing this...
Mr. Plummer: Well, but wait a minute. What happens now. When is your
building going to be open?
Mr. Lopez: The problem that I have is, that I, right now, have a contract
that I was supposed to tell the bank today, that I... what is going to happen
with the parking? What I would like to know, what is the solution, so I can
go to the bank and say, "Look, because I cannot sign the contract on this
building, unless I have a concrete...
Mayor Suarez: The parking situation resolved.
Mr. Lopez: That is what I want to know. Will I get the parking and...
Mayor Suarez: Well, but you will have to admit, we have moved awfully quickly
since you first brought this issue to our attention.
Mr. Lopez: Well...
Mayor Suarez: Because you have got a proposal here that may be acceptable.
Mr. Lopez: But, what I would like to know, are you going to accept their
proposal, so that, you know, if I understand it, all is contingent, if you
Accept their proposal.
Mayor Suarez: When will we be ready to have that proposal formally before us,
Dave?
Mr. Weaver: Sir, you have that proposal, that is what you just approved.
What you approved was a budget program, which includes...
Mayor Suarez: Oh, you mean as far as the global approval of the capital
improvements we have?
Mr. Weaver: Sure. What we are saying to you, and one thing that is very
important...
Mayor Suarez: OK, but remember, we also have to approve a specific project,
and that is this one.
Mr. Weaver: I understand that, sir, we have always presented to the Manager
our specific budgetary plan for each year.
Mr. Lopez: I don't have anything yet, Hold it.
146 March 13, 1987
Mr. Plummer: You are approved.
Mayor Suarez: You are approved, that is what it sounds like. —
Mr. Weaver: No, please sir, it...
Mayor Suarez: But, doesn't that still have to come back to the Commission
for...
Mr. Weaver: Excuse me, sir, it is very important that you understand that the
monies that the City will receive from the Parking Department are in fiscal
year 1987-188, and any monies that you might wish to use prior to that, would
have to be discussed in terms of an advancement.
Mayor Suarez: But, he wouldn't be anywhere near ready to start functioning
until fiscal year 1987-188, right?
Mr. Lopez: Well, with the...
Mayor Suarez: You have to signed documents, but when are you going to
actually start operating, Emilio?
Mr. Lopez: I will start operating in 1988, but my question...
Mayor Suarez: No, problem, you've got no problem.
Mr. Lopez: ......wait... my question is, you know, when I go to the bank
Monday, when I go back to the bank on Monday and I sign that contract, they
are going to ask me the question, "What happened with the Parking Authority,
are you going to get the..." When can I get an answer? If they say their
budget... —
Mayor Suarez: If I heard correctly, you not only got an answer, but it is on
the record now in this Commission that...
Mr. Weaver: Excuse me, sir, that is not correct. All the Parking Department _
has done, Mr. Mayor, is allocate $500,000 to you. We are not in a position
where we... -
Mayor Suarez: Well, that is why I asked. This specific project is being
proposed in your little pie there that you had, $15,000 a year as an
alternative.
Mr. Weaver: No, sir, no, all we are doing is talk about how you could
allocate the $500,000. We do not allocate it.
Mr. Plummer: I make a motion at this time that $15,000 of the excess funds of
the 187-188 budget of the Off -Street Parking Authority be delegated to the
Borinquen Clinic for the use of the parking.
Mr. Lopez: The problem that I will have with that is, that every month, every
year, I have to come back to you and ask for the same thing. What I would
like...
Mr. Plummer: That's fine.
Mr. Dawkins: We are going to give it to you.
Mr. Plummer: We love you.
Mr. Lopez: All right.
Mayor Suarez: We have a motion, do we have a second?
Mr. Plummer: Don't look a gift horse in the mouth.
Mr. Lopez: J. L., I want to be sure that next year that money is available,
and I, you know, if I sign a contract, at...
Mayor Suarez: You want to make it for...?
Mr. Lopez: You have to make it for more than, you know...
149 March 13, 1987
Mr. Plummer: What happens if there is no excess funds?
Mr. Lopez:... more than a year basis. It has to be something else.
Mr. Plummer: Well, we have got to renew it annually.
Mr. Lopez: He had a another solution. Why did he...
Mayor Suarez: We are going to have to renew it annually, Emilio, and I...
Mr. Plummer: You have got to do it when they present their budget. You can't
allocate excess funds that possibly don't existl
Mr. Lopez: J. L., Mayor, they also had another solution.
Mr. Plummer: What was that?
Mr. Lopez: No, they didn't mention today, right now, that I thought it was...
I think it is more... they said to me in that meeting, that if you approve
$101,000 that they claimed that, you know, that would solve the problem
forever, if... why don't you come back and come with that solution instead of
me having to come back every year?
Mayor Suarez: You mean, a one shot payment for the...
Mr. Lopez: A one shot paymentl
Mayor Suarez: That has not been proposed, Ron?
Mr. Ron Silver: Mr. Mayor, Ron Silver, legal counsel. I have advised the
Off -Street Parking Authority that when they give those monies over to you,
they are not allowed to encumber those monies. When you get $500,000 from us,
you have it, and you spend it whichever you want for whatever you want, so out
of those dollars, you can do anything you want. It is, yes, it is the
best...
Mayor Suarez: I understand. I just want to know. He is making reference to
a lump payment in lieu of yearly payments. Was that even proposed yet?
Mr. Silver: That is for whatever you want to do.
Mr. Lopez: That is up to you.
Mayor Suarez: I understand, but...
Mr. Plummer: Let me ask this question. You, the Off -Street Parking own the
lot, is that correct?
Mr. Lopez: No.
Mr. Carlton: The lot is constructed under an expressway on a long term lease
with the State of Florida. Essentially, what is being bought, if you want to
call it that, is the capital improvement that...
Mr. Plummer: The lease... how much are you paying the State of Florida?
Mr. Carlton: Nothing, they don't charge us.
Mr. Lopez: And they have spent $75,000 to do it.
Mr. Plummer: And you have made improvements to it?
Mr. Carlton: The unamortized value of the lot, what we haven't earned back,
Is $101,000, if I remember.
Mr. Lopez: How would they pay for the lot, then?
Mr. Plummer: They didn't pay anything.
Mr. Lopez: To fix it.
150 March 13, 1987
Mr. Carlton: It cost about $115,000 to build, it is only a couple of years
old. We have earned back $14,000, that is what is left over, $101,000. Now,
the choices were, to just continue to pay the rent that the building that he
is buying was paying, from that pot, or, you can buy it all out at once, and
give it to him from that pot. We cannot donate it legally.
Mr. Lopez: The only thing I want is free parking. I don't care how you do
it.
Mayor Suarez: The legal opinion got a lot better than the last time we got
one.
Mr. Plummer: Yes, and here again, how long is that lease for with the State
of Florida?
Mr. Lopez: 30 years.
Mr. Carlton: It's got, I think, 28 years left to go.
Mayor Suarez: What is the Commission's pleasure? You have a motion on
$15,000 for the first year being allocated, which you can make that into six
years, that is $90,000, I don't know, however you want to do it.
Mr. Lopez: J.L., excuse me...
Mayor Suarez: But, at least we don't have to divvy up $100,000, and of -
course, subject to having the $15,000 every year to allocate. _
Mr. Lopez: Well, the problem... I have a problem with that. The problem is,
that when I go to the Feds, that are going to dump $2,100,000 in this project,
and I go to the bank, you know, they are going to say, "Emilio, we cannot go
with the $15,000..." What I say to you, that might jeopardize the project.
If you want to do it that way, fine.
Mayor Suarez: I don't think so, if you tell them the Commission is also
giving you a clear consensus, in wanting to support your clinic for the
duration.
Mr. Lopez: Well, will you make it...
Mayor Suarez: Well, I am ready to vote either way. I don't...
Mr. Lopez: Will you make it in a motion, so I don't have any problems? ...
J.L.?
Mr. Plummer: Make what in a motion?
Mayor Suarez: The statement of policy that we want to support the clinic for
the number of years in question, assuming of course, that the money is
available.
Mr. Plummer: Yes, sure, I incorporate that.
Mr. Dawkins: Second.
Mr. Lopez: (OFF MICROPHONE, INAUDIBLE)
Mayor Suarez: OK, I will leave it out, but you know it subject to the money
being available, Emilio.
Mr. Lopez: How about you giving it out now?
Mayor Suarez: Well, that is a lump sum payment, I will go with that too...
what the Commission wants to do.
Mr. Plummer: No, I can't do that on the lease.
Mayor Suarez: But, it is a hundred...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Lopez: (OFF MICROPHONE)... $150,000
151 March 13, 1987
Mayor Suarez: Yes, Emilio, but that is the design, if I am right, that is the
Design Center, which is in dire need and in danger of being wiped out by the
new Design Center in Dania, and that is a whole different kind of... an _
emergency. Your project is just starting. .sue...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Well, but your new building and the new facilities. I don't
think you will have any problem. If you Emilio, if you do, come back.
Mr. Plummer: Don't look a gift horse in the mouth.
Mayor Suarez: Listen, ;you know, we didn't think we would be this far along
today. OK, we will call the roll on that motion with the additional statement
of policy.
Ms. Hirai: We need a second.
Mayor Suarez: You seconded it?
Mr. Plummer: I made the motion.
Mr. Dawkins: I second it.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-276
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE $15,000 FROM THE $500,000 ANTICIPATED TO BE
RECEIVED FROM THE OFF-STREET PARKING DEPARTMENT
(PROJECTED TO BE GENERATED BY THEM BEYOND BOND
REQUIREMENTS IN UPCOMING FY 187-188) TO THE BORINQUEN
HEALTH CLINIC IN ORDER TO HELP THEM SOLVE THEIR
PROBLEM OF PARKING FOR THE DISABLED.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice-Vayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
58. DISCUSSION REGARDING SELECTION OF UNDERWRITER PROCESS FOR PROPOSED
GENERAL OBLIGATION REFUNDING BOND (See label #54)
Mayor Suarez: Wait, there is a gentlemen on item 58. Go ahead, sir, you've
got your registration filed?
Mr. Alan Koslow: Mayor and Commissioners, for the record again, my name is
Alan Koslow, I am with L. F. Rothschild, Public Finance Department in South
Florida and I am a registered lobbyist with the City of Miami. I am here
today to speak to you about item number 56, with regard to the G.O. refunding
bond sale. On February 17, 1987, Rothschild responded to the R.F.P. by
sending a letter to Carlos Garcia, the Director of Finance, which I believe
members of the Commission also received. Essentially, what we are proposing,
is that the G.O. bond sale be done by competitive bid, as opposed to
negotiation The reason we feel that this would be a better method, is that it
would be in the best interest of the City, both from...
152 March 19, 1987
Mayor Suarez: Competitive, you are saying that we are now using negotiation,
and not competitive?
Mr. Koslow: That's correct.
Mayor Suarez: Because it is sort of a subjective evaluation, is that why?
Mr. Koslow: Because the structure that is being used is a negotiated basis
with an underwriting spread and a discount involved, versus a competitive
G.O. sale, which is, you know, open...
Mayor Suarez: OK, explain, how would the mechanics of that work? Competing
as to what?... as to the management fee, as to what? _
Mr. Koslow: There will be no management fee in a competitive...
Mayor Suarez: What would be the competition, as ti the rate, then?
Mr. Koslow: Only rate.
Mayor Suarez: Just present value?
Mr. Koslow: That's correct, and we feel that this would be in the best
interest of the City...
Mayor Suarez: And every other factor would be totally not under
consideration - experience, or whether the agency, or the company is located
in this area, all of the other factors would be totally out.
Mr. Koslow: It would be bid on a competitive bid basis, and it is like...
Mayor Suarez: We are trying to define competitive bids, so by saying
competitive bids, you are not really answering the question. -
Mr. Koslow: Yes, rate only... e
Mayor Suarez: Rate only.
Mr. Koslow: ...interest rate, and we would like to bring to the attention of
the Commission that in the last 22 months our research indicates that just
G.O. refundings, not G.O. , G.O. refundings, 432 have been done across
the country in the last 22 months, and I can identify in the last month, at
least four or five that have been done recently on this basis as opposed to...
Mayor Suarez: Don't you think that everybody will come in pretty much the
same rate and we will still have to be in a situation of negotiating with 22
companies?
Mr. Koslow: What we are saying is, that experience shows that on G.O. bond
sales, that when they are done by competitive basis, essentially the City
would save money versus negotiating...
Mayor Suarez: Why? If everybody comes in at the same rate, we are still back
to having to select from among 22.
Mr. Koslow: Because the underwriting discount on a G.O. sale is structured
differently than on a negotiated basis. Typically negotiated bond sales are
done when there is a revenue bond, it is a long drawn out negotiation and
there are reasons for it, and we support that process and that method in those
types of bond sales. In fact, the firm has anticipated and responded to those
types of bond sales and will continue to do so in the future. It is just that
on a G.O. bond sale, traditionally, the way Wall Street worko, is that it is
done on a competitive basis. Also, we would like to bring to the attention of
the Commission that we have offered at no fee to act as a structuring agent,
if the City was to go with this method.
Mr. Plummer: Sir, you are out of line, I am sorry. You are a bidder in this
process. You are not in this...
Mr. Koslow: No, we have been listed as unresponsive because we have come up
with the idea of using a G.O. competitive bid. We are not...
153 March 13, 1987
Mr. Plummer: You are not a potential of the 224
Mr. Koslow: Correct.
Mr. Plummer: I am sorry, I stand corrected.
Mr. Koslow: If I was, I wouldn't be making this speech.
Mr. Plummer: Continue.
Mr. Koslow: So, what we are proposing is an alternative structure, and we
have actually met with staff, with Carlos, and discussed it, but we just
wanted to bring it to the Commission's attention, that we think it would be in
the best interest of the City to go with that route on this particular type of
bond sale, giving market conditions as they are today. And, you should also
know that Broward County, on its G.O. bond sale is doing the same thing right
now.
Mayor Suarez: OK, Carlos, do you want to answer that proposal?
Mr. Garcia: Yes, in December of last year, before we received that letter,
which that letter was received in February, we considered whether to go on a
competitive basis, or negotiated basis, and because of certain decisions we
have in the City, especially with the refunding issue, we felt it would not be
advantageous to the City to do a competitive refunding and we talked to our
financial advisors and we discussed that internally and we felt that it was
much more beneficial to the City to go out and request R.F.P.'s and from there
chose the best firm. Here today we have our financial advisors in case you
want to get into more detailed technical information on that.
Mr. Koslow: Mayor, we just want to stress our intent that we are proposing -
this as an alternative mechanism in the best interests of the City. We feel
that ultimately it would save the City money in present value savings and an
underwriting discount.
Mayor Suarez: Let me just ask Carlos that, the ultimate question. Do you
think if we went to competitive strictly on the issue of rates, make for a
lower present value and lower rates?
Mr. Garcia: I don't think in this case we will...
Mayor Suarez: I see you shaking... our advisors shaking their...
Mr. Garcia: The problem we have with refundings, that refundings are very
complex issues. It is not just a matter of selling the bonds, but once you
sell the bonds, then you have to invest the money and you have to have
perfect market conditions of the spread between your return and your payments
of interest is wide enough to maximize savings. We don't think it is the best
way...
Mayor Suarez: Good old arbitrage.
Mr. Garcia: Yes. We don't think it is the best way to go with a competitive
basis.
Mr. Koslow: Fine.
Mayor Suarez: Probably at this late stage on this particular issue, it will
difficult for us to change our criteria to reflect that, but I am not saying
to give up on trying to convince us to go that way. We sort of tried to do
that with bond counsel at one point. That was my idea. I thought it could be
totally competitive on rates, and we weren't able to do it.
Mr. Koslows Well...
Mayor Suarez: They are not comparable, is really what the problem is.
Mr. Koslow: OK, but I just wanted to bring to the Commission's attention that
this is being done right now in the market place.
Mayor Suarez: Thank you. Yes, and that is one thing I am very interested in
personally, at least for myself, to see what other counties and other parts of
the country are doing. Maybe they are getting lower rates.
154 March 13, 1987
11
is
Mr. Koslow: There is also a middle ground, which is what Broward County is
proposing, to do a bid negotiated G.O.
Mayor Suarez: OK, yes, we have gone back on this item and... sir, did you
want to address anything on that point? State your name for the record, tell
us your opinion.
Mr. Ernest Green: My name is Ernest Green, I am senior vice-president of
Shearson Lehman Brothers, Washington D.C., and there is a local office here in
Miami, of Shearson Lehman. I wanted to state for the record that on item 58,
Shearson Lehman supports clearly the process of selection and want to have it
stated that way. Thank you.
Mayor Suarez: Thank you, sir.
Mr. Dawkins: We have one more, Mr. Mayor.
Mayor Suarez: Yes, sir.
Mr. David Segal: My name is David Segal, I am a vice-president with
Prudential Bache Securities in Delray Beach, and we also have a local office
here in Miami. I would also like to endorse the selection process that the
City is using on this refunding. Refundings are very complex transactions and
I can tell you that between competitive and negotiating, our firm bids on
competitive issues every day, and if our rates for competitive aren't the same
as negotiated, we are not doing our job, and we last year were the number one
ranked firm.
Mayor Suarez: We think we are good enough in negotiating that we can make the
rates as low as they would result from competitive and get a lot of other
concessions. That is basically the idea.
59. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT PROVIDING $175,000 TO MIAMI
DESIGN DISTRICT ASSOCIATION.
Mayor Suarez: Madam City Attorney, and Mr. City Manager, we are going to try
to get through as many items as we possibly can be delving into what promises
to be a slightly lengthy presentation here, from the number of people I see.
Mr. Odio: Mr. Mayor, please, we need to do something with the Design
District, if you can...
Mayor Suarez: OK, that's what I want to know. What are the high priorities
here now?
Mr. Odio: The Design District, if you authorize me to loan them the $175,00,
then we will...
Mayor Suarez: That also comes from the Capital Improvement budget of the Off -
Street Parking Authority?
Mr. Odic: Then, we will get paid back when the new budget starts, but they
need the monies now, and then we only have left...
Mayor Suarez: I entertain a motion to that effect.
Mr. Dawkins: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
resolution or an ordinance?
Mrs. Dougherty: Resolution.
Mr. Odio: Resolution.
Any further discussion? Is that a
155 March 13, 1997
i
Mayor Suarez: Any further discussion from the Commission on the loan to the
Design District? Call the roil. -
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-277
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
ON BEHALF OF THE CITY AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MIAMI DESIGN
DISTRICT ASSOCIATION, PROVIDING FUNDS IN THE AMOUNT OF
$175,000 TO ASSIST THE MIAMI DESIGN DISTRICT
ASSOCIATION IN MARKETING AND BUSINESS DEVELOPMENT
ACTIVITIES TO SUPPORT THE CONTINUED DEVELOPMENT AND
ECONOMIC HEALTH OF THE MIAMI DESIGN DISTRICT, WITH
FUNDING TO BE PROVIDED INITIALLY FROM THE CITY'S
SPECIAL PROGRAMS AND ACCOUNTS FUND AND REPLACED WITH
FUNDS THE DEPARTMENT OF OFF-STREET PARKING HAS AGREED
TO PAY TO THE CITY BY OCTOBER 1, 1987.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
60. $1,000,000 OFFER TO ACQUIRE VACANT LAND BETWEEN N.E. 60 STREET AND 71
STREET ON BISCAYNE BAY TO BE USED FOR PARK OR MARINA.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Dawkins: I move the formalization of the $1,000,000 for the land which we
did at the last meeting.
Mr. Odio% Substation?
Mrs. Dougherty: No, this was the Bayside $1,000,000. It is simply a
formalization of the last resolution, or last motion.
Mrs. Kennedy: Second.
Mayor Suarez: OK, so moved and seconded. Any discussion on the formalization
of that action?
Mr. Plummer: Wait a minute, I am sorry. Wait a minute, what is the motion?
Mayor Suarez: This is the resolution here.
Mr. Plummer: On what?
Mayor Suarez: It is formalizing prior action of the Commission, the City's
offer of $1,000,000 for...
Mrs. Kennedy: The $1,000,000.
156 March 13, 1987
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Mrs. Dougherty: It is simply...
Mr. Plummer: On what?
Mrs. Kennedy: On the property.
Mr. Plummer: Oh, OK, yes, go ahead.
Mayor Suarez: I guess that was for the future marina site. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-278
A RESOLUTION FORMALIZING THE CITY'S FEBRUARY 26, 1987,
OFFER OF $1,000,000 FOR THE ACQUISITION OF THE FEE
SIMPLE TITLE TO THAT PARCEL OF VACANT LAND LYING
BETWEEN NORTHEAST 69TH STREET AND NORTHEAST 71ST
STREET ON BISCAYNE BAY IN THE CITY OF MIAMI, FLORIDA,
WHICH PARCEL CONTAINS APPROXIMATELY 8,541 ACRES AND
WHICH IS MORE PARTICULARLY AND LEGALLY DESCRIBED IN
THE ATTACHED EXHIBIT "A", TO BE USED FOR PARK AND/OR
MARINA PURPOSES; FURTHER, AUTHORIZING THE CITY MANAGER
AND CITY ATTORNEY TO ENTER INTO NEGOTIATIONS FOR THE
ACQUISITION OF SAID PARCEL OF LAND.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
FURTHER DISCUSSION ON ROLL CALL:
Mr. Plummer: They accepted the $1,000,000?
Ms. Hirai: I assume so, they prepared a resolution.
Mr. Plummer: They accepted th( 00,000?
Mrs. Dougherty: It is my indic, that they will accept the $1,000,000.
Mayor Suarez: Is that implicit. `K.
Mrs. Dougherty: This is simply a formalization of the...
Mr. Plummer: So we have got it down another $100,000.
Mrs. Dougherty: Yes, sir.
Mr. Plummer: What was it...
Mr. Odio: But, I want to remind you, we will not release that until I get
some commitments from the neighborhood there, that...
Mr. Plummer: You have it.
Mr. Odio: I do not have it yeti
Mr. Plummer: Yes, you do, you have a letter, I've got a copy of it.
Mr. Odio: Did you read the whole letter?
157 March 13, 1987
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Mr. Plummer: Yes.
Mr. udio: They said the need more information before then can support it.
Mr. Plummer: OK, go get your more information.
Mr. Odio: And that... I wrote them back and said, "You write me."
Mr. Plummer: I thank my colleagues for waiting two weeks, we saved another
$100,0001
Mrs. Dougherty: Mr. Mayor, I also have two other...
(AT THIS POINT, THE CITY CLERK COMPLETED THE ROLL CALL.)
61.A. CONDITIONALLY ACCEPT OFFER FROM MORALES FOR PROPERTY AT 2202-2220
WEST FLAGLER STREET AND 20 BEACOM BOULEVARD FOR $535,000.00 TO BE
USED FOR SOUTH DISTRICT POLICE SUBSTATION;
B. CONDITIONALLY ACCEPT OFFER FROM SIMON FOR PROPERTY AT 34-90 BEACOM
BOULEVARD AND 2261-65 S.W. 1 STREET TO CONVEY TOTAL INTEREST IN SAID
PROPERTY TO THE CITY FOR $990,000 TO BE USED FOR SOUTH DISTRICT
POLICE SUBSTATION.
------------------------------------------------------------------------------
Mayor Suarez: Yes, Madam City Attorney, another item?
Mrs. Dougherty: Yes, sir, this is two emergency items for the acquisition
for the Little Havana...
Mayor Suarez: Little Havana substations?
Mrs. Dougherty: Yes, police substations. One is an amount of $535,000 for
the acquisition of the Morales property. The last offer was $415,000. This
would include attorney's fees, cost and indemnification against all the
lessees, including a sign, and the G.S.A. and the Law Department recommend
this settlement.
Mayor Suarez: After we approve these two, is it correct to say that we will
only have one to deal with, and that one could conceivably be left in the
middle of the parking lot?
Mr. John Gilchrist: It is not in the middle, it is on the corner of it and we
can build without it.
H87or Suarez: We can build around it, without them.
Ms. Dawkins: Move it.
Mayor Suarez: And that this somehow resulted from... and again, I want to
thank the Commissioners for having taken quick action on this, because it
resulted in completing negotiations that have been going on for I don't know
how long. The fact that we threatened to go...
Mr. Odio: Yes, air, you need to know how much money...
Mayor Suarez:... to stop negotiating, and go elsewhere really had the effect.
Mr. Odio: True, we need to know how much money we have left to build the
building.
Mr. Gilchrist: All right, the...
Mr. Plummer: $3,000,000?
Mayor Suarez: Well, that is going to be the most painful thing of all, but...
Mrs. Dougherty: Mr. Mayor, you may want to consider both of these at the same
time. The Simon property is for $990,000. We had offered $760,000. This
158 March 13, 1987
one, though, however, would include the lessee, which we estimated would cost
us $100,000 to relocate them alone, and it may even cost us more than that,
because he had a nonconforming use and we couldn't even locate him within his
service district, so we are recommending $990,000. That would also though..
there is a caveat, he wants to remain in the building until the City uses it,
but he would vacate in 30 days notice.
Mr. Plummer: That's a good deal.
Mrs. Kennedy: Fine.
Mr. Dawkins: And what is the penalty if he doesn't vacate in 30 days?
Mrs. Dougherty: We will provide a penalty, we'll make sure he has insurance.
Mr. Dawkins: Well, let him put up a bond, so that if he doesn't, we keep the -
bond.
Mrs. Kennedy: No,the crane will pick him up.
Mr. Dawkins: Beg pardon, Commissioner?
Mrs. Kennedy: The crane will pick him up.
Mr. Dawkins: But, see, he can make a promise, and if he doesn't move, and we
could go to court and all. Let him put a bond up.
Mrs. Dougherty: Well, instead of putting a bond up, we will subtract an
amount from the amounts that we would be giving him.
Mr. Plummer: Is he going to pay us rent?
Mrs. Dougherty: No, it is going to take that long to get the tenants
relocated. He has got a very unusual use and it is going to take that long.
Mr. Plummer: What happens if the City doesn't break ground for two years?...
he stays there rent free?
Mrs. Dougherty: Well, we will do it anyway you want to.
Mr. Plummer: I think he should pay the same rent that he is paying today
until we so notify him and pay it to the City. We are now the landlord.
Mr. Al Armada: Sir, the lease agreement that we are being referred here, pays
the current property owner $1,000 a week, $52,000 a year, and perhaps that is
something we really should want.
Mr. Plummer: Oh, very definitely. Hey, he doesn't get off scot free. We are
the owners, he starts paying rent to us.
Mrs. Dougherty: Is that within six months, or within day one?
Mr. Plummer: No, from the day we assume ownership.
Mrs. Dougherty: All right.
Mr. Dawkins: Call the roll.
Mayor Suarez: Call the roll on both of those motions. We have a movant and a
second?
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded on two acquisitions.
159 March 13, 1987
�� a
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-279
A RESOLUTION CONDITIONALLY ACCEPTING THE OFFER BY THE
OWNERS OF CERTAIN REAL PROPERTY LOCATED AT
APPROXIMATELY 2202-2220 WEST FLAGLER STREET AND 20
BEACOM BOULEVARD IN THE CITY OF MIAMI, MORE
PARTICULARLY DESCRIBED AS LOTS 8, 9, 10 AND 11
INCLUSIVE, OF THE KENILWORTH REVISED SUBDIVISION, AS
RECORDED IN PLAT BOOK 5 AT PAGE 115 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, TO CONVEY TOTAL
INTEREST IN SAID PROPERTY TO THE CITY OF MIAMI FOR THE
SUM OF FIVE HUNDRED AND THIRTY-FIVE THOUSAND DOLLARS
($535,000.00), TO BE USED AS PART OF THE SITE FOR THE
SOUTH DISTRICT POLICE SUBSTATION; FURTHER, AUTHORIZING
AND DIRECTING THE CITY ATTORNEY TO PROCEED TO CLOSE ON
SAID PROPERTY AFTER EXAMINATION OF THE ABSTRACT AND
CONFIRMATION OF OPINION OF TITLE; SAID ACQUISITION
COSTS TO BE PROVIDED FROM 1984 MIAMI POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The following resolution was introduced ,y Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-279.1
A RESOLUTION CONDITIONALLY ACCEPTING THE OFFER BY THE
OWNERS OF CERTAIN REAL PROPERTY LOCATED AT
APPROXIMATELY 34-90 BEACOM BOULEVARD AND 2261-65 S.W.
1ST STREET IN THE CITY OF MIAMI, MORE PARTICULARLY
DESCRIBED AS LOTS 12, 13, 14 AND 15 INCLUSIVE, OF THE
KENILWORTH REVISED SUBDIVISION, AS RECORDED IN PLAT
BOOK 5 AT PAGE 115 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, TO CONVEY TOTAL INTEREST IN SAID
PROPERTY TO THE CITY OF MIAMI FOR THE SUM OF NINE
HUNDRED NINETY THOUSAND DOLLARS ($990,000.00), TO BE
USED AS PART OF THE SITE FOR THE SOUTH DISTRICT POLICE
SUBSTATION; AUTHORIZING TENANTS TO REMAIN FOR A PERIOD
OF AT LEAST 6 MONTHS; FURTHER, AUTHORIZING AND
DIRECTING THE CITY ATTORNEY TO PROCEED TO CLOSE ON
SAID PROPERTY AFTER EXAMINATION OF THE ABSTRACT AND
CONFIRMATION OF OPINION OF TITLE; SAID ACQUISITION
COSTS TO BE PROVIDED FROM 1984 MIAMI POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS.
(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-
160 March 13, 1987 1
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AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
.tee-...., �. ... i. .,um stiz. , Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
62. DEFER PROPOSED FIRST READING ORDINANCE DECLARING UNLAWFUL SALE/PURCHASE
OF CONSTRUCTION MATERIALS WITHOUT PROOF OF VALID BUILDING PERMIT;
WORKSHOP TO BE HELD FOR PUBLIC INPUT.
Mr. Plummer: Mr. Mayor, may I try to do something? I've had a lot of calls
on item 61. Wait a minute, let me just get... because I would like to do on
61, is defer it to the Administration to set up a workshop with the trades and
as such, then come back with some answers to these problems as they exist. I
would so move that item 61 be deferred to the Administration to hold workshop
meetings and come back to this Commission.
Mayor Suarez: So moved. So moved, do we have a second? Please second.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. We are going to get to item 60, yet, I guess that is
what you are waiting for, right, Roger?
Mr. Odio: Maybe I can cut it through fast, Mr. Mayor.
Mayor Suarez: Yes, but wait, we have to vote on 61 first.
Mr. Odio: OK.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-280
A MOTION DEFERRING CONSIDERATION OF A PROPOSED FIRST
READING ORDINANCE DECLARING UNLAWFUL THE SALE OR
PURCHASE OF CONSTRUCTION MATERIALS OR SUPPLIES WITHOUT
PROOF THAT A VALID BUILDING PERMIT EXISTS; FURTHER
INSTRUCTING THE ADMINISTRATION TO HOLD A WORKSHOP IN
THE COMMUNITY WITH AFFECTED BUSINESSES AND/OR PARTIES
TO GAIN THE BENEFIT OF THEIR INPUT; FURTHER DIRECTING
THE CITY MANAGER TO COME BACK WITH A RECOMMENDATION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Deferred indefinitely, and workshops set up.
Mr. Plummer: Well, I hope it is not indefinitely, but I would hope...
Mayor Suarez: You are right, I shouldn't have said that. I guess that was an
expression of my hopet It will come back some day maybe. For sure, you will
bring it back if it doesn't come back otherwise by natural impulse, I guess.
161 March 13, 1987
i
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63. APPROVE TEMPORARY HASEMHNI' Duet VADz t.uUiv„ XU uONSTRUCT A PORT BOULEVARD
DETOUR ROAD.
--- --------------------------------------------------------------------------
Mayor Suarez: OK, item 60, and we are...
Mr. Odio: Mr. Mayor, in order to alleviate the traffic congestions that we
will have after the opening of Bayside...
Mayor Suarez: Wow, look at that land.
Mr. Odio: ... and in order to provide better access to the parking garage, we
will be producing revenues to the City, the Port is willing to, at their
expense, no cost at all to the City, to build a new road that will be on a
temporary basis until the new bridge is built, to alleviate this problem that
we will have at the opening of Bayside and I recommend that we allow them
to...
Mayor Suarez: Incidentally...
Mrs. Kennedy: Can you assure us that it is going to be taken up at the time
the Grand Prix comes in February of next year?
Mr. Gilchrist: Yes, any cost that would be incurred as a result of that, in
order to do any change, or anything on the Grand Prix, Carman Lunetta is going
to pay for.
Mr. Plummer: Without a question. How long do they contemplate it is going to
take to build that road? Two weeks? No, no, no, the main road!
Mr. Gilchrist: No, the interchange is proposed to be finished by December.
That is what Carman Lunetta has told me.
Mr. Plummer: I am talking about the yellow road.
Mr. Gilchrist: The yellow road, two weeks.
Mr. Plummer: No, no. -
Mr. Gilchrist: See, that is a...
Mr. Plummer: And when would that yellow road be coming out, as I guess the...
UNIDENTIFIED SPEAKER: Before the next Grand Prix.
Mr. Plummer: No, no, I want a definite date.
Mr. Gilchrist: Sir, what I understand, is the interchange that will replace
that yellow road, the changes to Biscayne and Port Boulevard are to be
completed in December of this year. I don't know whether they will meet that
schedule. That is what they are telling me, which means then, you remove the
yellow road, OK?
Mr. Plummer: So you are saying to me that the temporary yellow road will be
removed by the end of the year.
Mr. Gilchrist: That is what I am told.
Mr. Plummer: I need that in writing...
Mr. Gilchrist: Yes, air.
Mr. Plummer: ... guaranteed, and also...
Mayor Suarez: And removed...
Mr. Plummer: ...also, I want a letter guaranteeing that they will do at their
expense that road and restoring back anything...
162 March 13, 1987
Mayor Suarez: There you go!
Mr. Plummer: ...to the track that.,ias ueen uuue.
Mr. Gilchrist: And sir, it also includes correct...
Mayor Suarez: And what is supposed to be a park that is resodding, or
anything else, not just leave waste in them.
Mr. Gilchrist: Yes, it also is to correct the hump that was created out on
Biscayne Boulevard and so on, to improve the race.
Mr. Plummer: All right, I've got another problem. Mr. Manger, where is that —
application that Lunetta put forth to the State of Florida, showing the new
road coming on a hard right up to 8th Street? See, ;here is none of that here
now, no, no. No, no, the plans... the people from t::e City, Jack, who was it
that showed me that plan?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: No, sir, that is not what I am talking about. I am talking
about the new port causeway. They are showing that they will be on City
property up to 8th Street.
Ms. Hirai: Turn on the microphone please, John.
Mr. Gilchrist: (OFF MICROPHONE INAUDIBLE)... You would like to see what we are
talking about.
Mr. Plummer: Well, I don't know. We have not agreed to sell that to them.
We have agreed to sell them this amount of property.
Ms. Hirai: John, we need your statements on the record, please.
Mr. Plummer: So what happened is, when they put forth the plan, they put
forth a plan showing a great deal of the new road on our property all the way
up to 8th Street.
Mr. Gilchrist: No, sir.
Mr. Plummer: No, sir, that is not what... I want to see the actual map, which
was the application to the State of Florida for permitting.
Mr. Gilchrist: Yes, sir, that is the same survey that I gave these people who
made this.
Mr. Plummer: It is not the same, I am sorry, John. I tell you that that set
of plans were so clear, that they went all the way up to 8th Street on City
as property, which they had not even agreed to buy.
Mr. Don Cather: At one point, there was a map that showed a strip of land up
here, to 8th Street, Sth Street here, and continued up. There is still a plan
to, you know, build a new roadway up to 836, which has not been completed yet.
Mr. Plummer: Don, my friend...
Mr. Cather: Yes.
Mr. Plummer: I am telling you that I don't want this to pass, until I see
that map that was shown to me, which was told that it was an application to
the State of Florida.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Walter Lowman, is that who showed it to me before? Mr. Mayor, I
move that this item be accepted, subject to that map being shown to me and
other members of this Commission, if they wish, that we are satisfied that
there is not an impediment into additional City property or the track. I so
move.
163 March 13, 1987 '
r+uskrr:
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Mrs. Kennedy: I second, and under discussion, Mr. Manager... Mr. Manager,
when is the master plan going to be finished? Where is Sergio?
(INAUDIBLE BACKGROUND COMMENTS)
Mrs. Kennedy: Went home?
(INAUDIBLE BACKGROUND COMMENTS)
Mrs. Kennedy: Walter then.
Mr. Walter Pierce: I don't have that...
Mrs. Kennedy: I asked you for 90 days, remember?
Mr. Pierce: Yes, but Commissioner, the master plan that everyone refers to
—` about the park, about the race track and everything else, is actually part of
the downtown master plan, and I thought we explained that on the record at the
time, but we are coming close to completing that anyhow. It should be
sometime during this early summer. If that date is not correct, late spring,
early summer... if that date is not correct, I will come back here and tell
you exactly what it is.
Mrs. Kennedy: OK, tomorrow, could you call me and let me know?
Mr. Pierce: Well, now about Monday?
Mrs. Kennedy: Fine, I'm used the Thursday meetings.
Mr. Plummer: All right, did you call the roll on that?
Mrs. Kennedy: No.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-281
A RESOLUTION APPROVING A TEMPORARY EASEMENT FOR
METROPOLITAN DADE COUNTY TO CONSTRUCT A PORT BOULEVARD
DETOUR ROAD THROUGH A PORTION OF THE F.E.C. TRACT TO
BE CONSTRUCTED IN TIME FOR THE APRIL 8, 1987 OPENING
OF BAYSIDE SPECIALTY CENTER AND TO BE VACATED IN
SUFFICIENT TIME AS TO NOT CONFLICT WITH THE 1988 MIAMI
GRAND PRIX.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: By the way, the Port Director apparently is very close to
getting his new appraisal, which will hopefully allow him to complete the
settlement with the City, and he told me to tell that to Commissioner Dawkins,
because he is concerned about our concerns in not getting that money for the
use of the other parks. Hopefully, we will have a closing in April on that.
164 March 13, 1987
= • a- ---------------------------- -------------------------------------------------
_ 64. A. DISCUSSION REGARDING ALLEGED DISCRIMINATION IN FIRE RESCUE AND
INSPECTION SERVICES DEPARTMENT.
B. DIRECTING CITY MANAGER TO RECOMMEND TO THE COMMISSION INDIVIDUALS TO
ASSIST EVALUATING ALLEGATIONS OF DISCRIMINATION IN SAID DEPARTMENT.
C. REQUESTING THE CITY MANAGER TO COME BACK TO THE COMMISSION WITH A
PROPOSED NEW PROMOTIONAL SYSTEM.
------------------------------------------------------------------------------
Mayor Suarez: Are we ready to go on item 62?
Mr. Dawkins: Yes.
Mayor Suarez: Is this a continuation of the prioe hearing, the same issues?
Mr. Dawkins: It is.
Mayor Suarez: OK. Now let's see if we can figure out a rational way of
structuring...
Mr. Dawkins: OK, I'd like to hear from attorney...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I'd like to hear from Attorney Culmer, and the N.A.A.C.P. and
S.A.L.A.D.
Mayor Suarez: Everyone by the way, let me admonish everyone, including,
Counselor, please, we have had a rather long hearing on these issues. We have
heard a lot of different allegations and points being made. We are trying to
fashion a mechanism of investigating these, and resolving some of them,
particularly... all of them, really, and we have sort of divided two issues
from the last hearing, one being the promotional system, which bothers a lot
of people; the other one being the charges of racism, institutionalized, or
otherwise within the Department; and the point I am trying to make, is simply
try to avoid cumulative testimony, you know, and arguments that we have heard
already, so you know, to the extent that you are able to do that, it will make
this Commission's work that much easier, and it will bore us a lot less.
Counselor?
Mr. Harold Culmer: Thank you, Mr. Mayor. My name is Harold Culmer, I
represent the Professional Firefighter's Association and Mr. Mayor, in direct
response to your concern about dragging this on, I have an announcement to
make. That announcement is very simple. I'd like to predicate it by
indicating what has happened since last we were here. One of the concerns of
at least one of your number, was the issue of retaliation against the people
who decided to speak up and voice their point of views about what was
transpiring, or continues to transpire at the Fire Department. Since that
time, three major occurrences have developed. Number one, the Supreme Court
of the United States has decided one case, which perhaps puts to rest our
concern as to whether or not we are resting on legal grounds in bringing this
matter to your attention. I would say that it rests firmly in our favor, in
my legal personal opinion, which may be tested, and probably should be tested
later. Secondly, the City Manager has taken a step which perhaps if not
soothing to the warm brows of those who are complaining, is at least impartial
enough to warrant allowing that process to work itself to some reasonable end,
and thirdly, and most importantly, the last occurrence was two events in one,
that is a couple of letters sent to the executive personnel of the
Professional Firefighter's Association, either requesting or requiring their
presence at a kangaroo court session, at which time they were supposed to
determine by a presentation as to whether or not they should show cause as to
why our organization should be held to be a rival union organization. Last
evening, it is my understanding, and I was not present at the meeting, at the
union meeting, not oily was a resolution apparently presented and passed, but
it appears to be the consensus of opinion by that organization, that any
participation, any further participation by members of my organization in
terms of dealing with the Administration of this City or even in making public
presentations to you, such as what we had done already, will likely, if not
probably result in some action, which is designed, or will be designed, to
determine whether or not the benefits inuring to those members, should, or
165 March 13, 1987
would be challenged to the point of withdrawal, termination, or expulsion from
the union. Now, I don't care how simply it may be put in the other language.
That is the way that I interpret, and I am their legal counsel and I may need
help later, and we may get help later, but as of the moment, that v". :QJS...
interpretation of what has happened. We view that as a direct attempt to
intimidate, coerce, and disallow the free speech that these members of this
organization attempted to bring to your attention. I'd like to say something
else - it occurs to me that while we are debating the issue of whether or not
_ discrimination occurs against minorities in the City of Miami Fire Department,
that that issue has been attacked, dealt with, and is in fact, being decided
by a court of law in terms of the extension of the Consent Decree, wherein
the Fraternal Order of Police and its representatives, has taken essentially
the same position, but not identical to the firefighters. That fight has been -
gentlemanly, that fight has been in the courts, that fight has had the respect
of both parties with one another, against one another. They have attended t
each other's social affairs, in fact, there is one this evening in which those
affairs are being attended cross lines, cross race, cross union, cross
activities, and it occurs to me that if we say that the problem is widespread
in the City of Miami, that's not where it is widespread. It's widespread in
the Fire Department of the City of Miami, that is why this organization has -
chosen to bring these points of view to your attention. For the record, in
case you are not aware of the kind of hostility and the kind of resentment
that had to be faced in coming down here the last time, the members of that
organization do not intend to come down here to hold their hands up in
supplication, asking you to understand that there is a problem, whenever
everybody around us is recognizing that there is one. We don't intend to come
down here and be abused, and to be made little of like little "pickaninnies"
running around trying to decide whether or not there is a problem. We don"t
intend to do that. We aren't going to be intimidated, and let me say that is
the reason that not one single member of that organization is here tonight.
No one plans to come forward tonight because of the rare instance of
hostility, the atmosphere of resentment and the environment of prohibition
which accompanied the presentation that w,, attempted to make on the last
occasion. We are not here to call names anymore, we are not here to give any
SEEM additional facts to this Commission. We have begun an accumulation of
evidence that exists in the Department. We do not intend to make that a
clandestine activity. It is our purpose to have that information public,
available to you, and it is also our purpose and intent to allow groups, and —_
particularly the groups of S.A.L.A.D. and N.A.A.C.P. to foster whatever kind
of activity they can, in order to determine what resolution, not whether there
is a problem, what resolution there may be here inside or outside the
boundaries of our amiable discussions. In other words, our position basically
is as follows - and I respect the fact that you allowed us to speak to this _
issue. We believe that coming down here is going to cause an additional
resentment. In case you haven't been particularly aware, there were, contrary
to some fears, but along the lines ^f the fears that at least one of the
Commissioners expressed last time, acts of retaliation! I am not talking
about hoorah, and the kind of happy "tiddlywinks" fujuncts that some people
engage in because they are happy. I'm talking about serious violations of
human rights. If it has got to the point that we can no longer stand in front
of a City Commission and voice our concern as a minority group, without having
to fight our way out of here, and the confrontations, in case you didn't know
about them, were real, and they existed with myself just two seconds after I
left the podium. If that is the kind of atmosphere that we are going to run
into by coming to make presentations under our democratic form of government,
we chose not to come down here and face that kind of abuse and resentment. We
chose not to allow ourselves to have that kind of hostility over our heads, so
that the job situations that these men are enjoying, are in fact, threatened
to the point of being terminated, or Withdrawn, simply because they express in
a public forum a joint point of view about a social problem, or social ill.
It is our position then, that since this - ommLesion has already irOicated that
Chief Duke was to initiate an investigation, we applauded that decision at the
time. The Firefighter's Chiefs Association has declined the opportunity to do
so. That leaves the issue open as to what should or could be done. We will
not stand here and have the hooting, the shouting and the slogans and the
words said under breaths, and to take that kind of abuse while trying to
suggest to you what should or could not be done to resolve the problem. The
problem is not a Miami problem, the problem is not a Dade County problem we
are addressing. We are addressing a very narrow problem. The problem of
recruitment, the problem of hiring, the problem of promotion in the City of
Miami Fire Department, that is the only purpose for our being here. If we
have to prove to you that those are problems, we chose not to do that, and
166 March 13, 1987
thank you for the opportunity to allow us to address you on that issue. At
this point, I believe that there are presentations by other members with whom
I have spoken. So that the record will be clear, if there is a recommendation
sought from us, it is as follows: We request respectfully, that the City of
Miami, through its Commission, or other authorized agent, designate or allow
S.A.L.A.D., N.A.A.C.P. in conjunction with the State of Florida Human
Relations Commission, to attempt a resolution of the problems that exist. In
short, that is our suggestion. We thank you for the opportunity. If there
are any questions, I'd be happy to try to respond to them.
Mayor Suarez: Thank you, Counselor. One additional comment on that is to the
extent that what we hear on this Commission from either side is an attempt to
intimidate the other side, they still have a right to express it, but I
guarantee you that it will detract from the message of the person so using
that tone, and it will detract from their collective endeavor here, and that
applies to behavior outside of these chambers, and I think everyone is
forewarned of that and we know of a lot of instances that have taken place
since then, alleged directed at both sides of this argument. Yes, sir?
Mr. William Lawson: My name is Willy L. Lawson, III. I am president of the
Greater Miami N.A.A.C.P. Our office is located 4610 N.W. 7 Avenue, Miami,
Florida. I have a press release, or actually a letter read to the honorable
people before me. That is, S.A.L.A.D., and the Greater Miami N.A.A.C.P. are
not here to debate any issues. We are only here to offer a suggestion. There
is no doubt that there are serious problems in the City of Miami Fire
Department, as the City Manager recognized earlier this week in the Miami
Herald. S.A.L.A.D. and the Greater Miami N.A.A.C.P. are here to speak about a
method to trace the exact problem and remedy the situation. First of all, let
me say we will continue our investigation, and would like to thank the City
Manager for his cooperation in furnishing us with the information we
requested, which we deemed necessary for our thorough investigation. We
believe that for an investigation of this matter to be valid, it must be free
from outside influence, whether political, or otherwise, from the City and the
County. It is therefore, for that reason, we are contented with the decision
of the Fire Officers Association not to conduct the investigation of this
sensitive matter. By the same token, we do not believe that a blue ribbon
committee consisting of a designated representative of each City Commissioner
will be free from such influence. The Greater Miami N.A.A.C.P. and S.A.L.A.D.
will continue our investigation of the Fire Department, and we ask that the
City of Miami continue to support us, as it has already given us support.
However, the Commission believes it will need an outside agency, we suggest
that the Florida Commission of Human Relations be considered, because we
believe that it is an agency that would be least likely to be subjected to
City, County political influence or whatever. S.A.L.A.D. and the N.A.A.C.P.
will continue to pledge our support and cooperation in creating an atmosphere
that will be conducive to our having all... let me quote that again... having
"all" qualified employees share equally in upper mobility and opportunity
within the Fire Department. Having reviewed the data received from the City
of Miami, I found it strange, not necessarily so, that since 1977, you still
have very few females in the Fire Department, less than 10 percent. I find it
strange, you still have very few Blacks and Hispanics and other minorities
within the Fire Department. If we try to hide behind the cloak of ignorance
and say there is no problem, then, that is just like being able to say, Mr.
King, you have clothing on, we know that everything is hanging out. If we
look at the facts, it is going to be up to each of us, whether it is the
union, or the Fire Department, the majority of Anglos in the Fire Department,
the City Commission, the N.A.A.C.P., S.A.L.A.D., Miami United, and other
concerned citizen groups, organizations, what have you, to recognize, first of
all, that there exists a problem. Until we recognize that, and make a pledge
and a commitment to resolve the problem, we are not going to stand here and
try to give you various incidents at this point in time, of racial
discrimination, harassment, intimidation, that have come before us, because it
will be wrong, because at this time, our investigation is not complete, but
some point in time, we will complete our investigation, I can rest and assure
you. We will not complete our investigation until all concerned citizens,
whether it is the union, members of the Fire Department, who may not
participate in the union, or concerned citizens who would like to report to us
in the course of our investigation, we welcome that. Again, in summary, the
Greater Miami N.A.A.C.P. and S.A.L.A.D., will recommend strongly that the
Florida Commission of Human Relations be considered as the agency to conduct
this investigation to see if there is a problem, and suggest remedies to the
situation. Before leaving the microphone, I'd like to call Alan Alvarez, to
see if he has any additional statements on the part of S.A.L.A.D. Alan.
167 March 13, 1987
Mr. Alan Alvarez: Good evening. Mr. Mayor, County Commissioners.
Mrs. Kennedy: Cityl
Mr. Alvarez: City Commissioners, excuse me. My name is Alan Alvarez, I ;am
the executive director of the Spanish American League Against Discrimination,
S.A.L.A.D., and I would like to add, based on the joint statement from the
N.A.A.C.P. of the Greater Miami and S.A.L.A.D, that we have other
organizations that are perspectively going to join us in the investigation.
For example, the National Organization of Women, the Coalition of Hispanic
American Women, the American Jewish Committee, and we also have the support of
Greater Miami United. Thank you very much.
- Mayor Suarez: Excuse me, can I make a statement to the representative from
S.A.L.A.D.? I think that the way that your particular organization, and I am
saying your particular organization, because the others have conducted
themselves, I think in a much different way. I think that the way that your
organization conducts itself is the way that you represented here today, in an
honorable fashion without insulting anyone, or making this personal. I think
the way you have gone about it today is the way that your organization should
represent itself when taking this issue on, and I compliment you for that, and
the reason I am making that statement is that the individual, that is either
the chairman or president of your organization, from what I have read in the
previous meeting of what occurred, did just the opposite of whatever he was
trying to accomplish. Instead of bringing this issue to the forefront in
shedding some light in a dignified manner, in an orderly fashion, he just
_ threw it into a free for all that wasn't going to solve anything and just
clouded the issue more so without resolving anything.
_ Mr. Alvarez: Commissioner Carollo, I accept your comment as a favorable one,
but I would like to say for my chairman that at that moment when we had our
first public hearing, I don't believe there was an easier way to come across
to this Commission, based on what Counselor Culmer stated earlier. The
tension that was present here, the hostility... I myself had an incident right
here in the corridor...
Mayor Carollo: What this refers to...
Mr. Alvarez:... and what I am saying is, that the way in which the chairman
expressed his views through that statement, was a way to get across that a
problem does exist. It was being clouded.
Mayor Suarez: I am not referring to the last Commission meeting we had. I
was referring to a meeting that was held, not by this Commission, but as I
understand, in your particular office before this Commission had a meeting,
and what I am saying is, I don't care if one group is for or against. I don't
think this Commission should let anyone bring this to the point that it
becomes personal where individuals are brought into this in a personal
fashion, where instead of helping to solve the situation, it is being muddier
even more and issues and statements that have no place in being brought forth,
or made whatsoever, are being made.
Mr. Alvarez: OK, sir, thank you very much. I'd like to make one little
correction - that at this time, the Coalition of Hispanic American Women has
not made a decizion to join anyone, as I stated earlier, I'm sorry.
Mr. Lawson: In closing, I'd like to give special recognition to Commissioner
Dawkins for inviting us here and giving us the opportunity to speak. At the
same, I'd like to assure each and everyone in this room, that we are among
honorable people, at the same time, we must not hide our heads in the sand
from the facts.
Mr. Carollo: Well, that is what we are saying - you know, we shouldn't bring
this into a personal way, and we shouldn't be insulting anyone like I read was
done at a previous meeting, because what that is going to do, is going to
discredit a lot of what you are presenting here, and I don't think you want
that to happen.
Mr. Lawson: Well, Commissioner Carollo, I share your concern and everything,
but the Greater Miami N.A.A.C.P. has a history since 1909 of being an
honorable organization and...
168 March 13, 1987
Mr. Carollo: I have been well aware of that.
Mr. Lawson:... individuals may be part of the N.A.A.C.P., but the N.A.A.C.P.
is an organization upon itself.
Mr. Carollo: These individuals had nothing to do with the N.A.A.C.P.
Mr. Lawson: Right.
Mr. Carollo: This individual, not individuals - individual, was a member of
S.A.L.A.D. and that is why I brought that forth.
Mr. Lawson: I appreciate that, at the same time, I don't want acts such as
that to cloud the issue of an official nature when we represent S.A.L.A.D. and
the N.A.A.C.P., and I would really probably appreciate, and the individual,
probably appreciates if any Commissioner felt that the acts of the individual
person acting on their own behalf was inappropriate, it would probably best
serve the entire City of Miami if that person directed that comment directly
to that person, perhaps over the telephone, or pull him to the side and do it
in a way where that person has an opportunity to grow. Thank you very much.
Mr. Carollo: The difference between the N.A.A.C.P. and some other
organizations is that the N.A.A.C.P., throughout the years, has stuck to the
sole issue of being an organization that protects the civil rights of
individuals, and the N.A.A.C.P. locally and throughout the country has done
one heck of a fine job in doing that.
Mr. Lawson: Thank you very much.
Mr. Carollo: You haven't mixed politics with protecting people's civil
rights.
Mr. Lawson: We don't plan to do it now.
Mr. Carollo: And that's what I don't want to see with other organizations,
that if they want to be a political organization, then they should stick to
politics, and not try to be a political organization and getting involved in
= defending people's civil rights.
Mr. Larson: Very good point. Again, thank you all for listening.
Mayor Suarez: Thank you. Let me just get an idea... yes, sir.
Mr. John Dacosta: Mr. Mayor, my name is John Dacosta and I would like to make
a statement on behalf of N.A.A.C.P. and S.A.L.A.D., if I could.
Mayor Suarez: Make it brief, please.
Mr. Dacosta: OK, I was a firefighter for the City of Miami for approximately
19 years, in which I had to resign myself from the job.
Mayor Suarez: I am sorry, would you give us your name and address, sir?
Mr. Dacosta: Yes, John Dacosta, 8445 S.W. 96 Street. I was forced to resign
my position as firefighter because of the harassment and threats on my family
and my life. I was threatened by phone, I was ostracized on the job and when
I approached my superiors on the situation of the harassment that I went
through, they told me there was nothing they could do. At that point, I tried
to seek legal counsel, which I was not really capable of doing, because
financially I wasn't able. After that, the harassment got so bad from the
Firefighter's union, that they incited their members to get me, as they said,
they were going to get me. One of the ways they were going to get me, was one
day when I went out to my van that was parked at the station, they cut my
brakes, which almost caused me a serious accident on the way home. The other
thing was a threat of a bomb being put in my car, which...
Mayor Suarez: Just so we have a time frame for this, how long ago was this,
all of this?
Mr. Dacosta: I left my job about a year and four months ago.
169
March 13, 1987
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Dacosta: I had to resign, because...
Mr. Plummer: Resign.
Mr. Dacosta: Yes, sir, I had to resign. I was afraid for my family because of
the vulgar and obscene phone calls I was getting at home, and when I
approached different officers on this, they told me there was nothing they
could do about it. There was no investigation, and the harassment kept up
until it just got completely out of hand.
Mr. Plummer: Did you go to the Civil Service Board?
Mr. Dacosta: I tried to go the Civil Service Board, but I was told by the
Fire Chief that it would be better if I didn't go, that things would be easier
for me, in which case, I found out that after I was threatened by violence at
one of the stations, I refused to go back to that station. I was suspended
for six tours of duty because of this, which created a tremendous financial
stress on my family.
Mrs. Kennedy: Sir, let me just ask you, to make sure that I understood what —
you said, you said that the Chief told you it was better not to go to the
Civil Service Board?
Mr. Dacosta: Yes, Ma'am, he did, and I am willing to take a lie detector on
any of this and make a statement anywhere, and I noticed that the firefighters
here, they come out in large groups and they seem to stick together as a
union, which isn't a bad idea, but as they want to freely punish those that
talk against them in any way, whatsoever, they are very capable of doing
things as far as I am concerned, even committing murder, because...
(INAUDIBLE BACKGROUND COMMENTS)
•_ Mayor Suarez: Let me just ask you one question, because I guess in a
theoretical sense, anyone is capable of doing anything, but I don't think your
allegation is really concretely referring to anyone in particular, even to the
Department as a whole. But, as far as your other complaints, the harassment,
or whatever it may have been, how far up did you get in the chain of command
in the Fire Department?
Mr. Dacosta: I got all the way to the...
Mayor Suarez: The only person you mention in what you said in your statement
was the Fire Chief. Did you talk to anyone else, your immediate supervisor?
Mr. Dacosta: Yes, I talked to my immediate supervisor, I talked to the
Captain, and all the Captain said to me was I can protect you on duty, but off
duty, I won't be able to protect you, and I...
Mayor Suarez: Did he ever suggest that you go speak to the City Manager about
it, or...?
Mr. Dacosta: No, sir, he did not, and at the time...
Mayor Suarez: Did he ever suggest to you that you shouldn't speak to the City
Manager about it?
Mr. Dacosta: No, he did not. Nobody suggested anything to me. I was
basically on my own and actually...
Mayor Suarez: Did you ever think to speak to the City Manager about it?
Mr. Dacosta: Well, I am not involved, and I've never been. I've been a
private man, I've never really tried to get into any hassles, I just wanted to
raise my family and give them a good life, and mind my own business, but
evidently I had to speak, I had to come forward and speak this, because of the
whole situation.
Mr. Joseph Kaplan: Mr. Mayor, may I be heard, please, on this very subject?
Mayor Suarez: Yes. Counselor.
170 March 13, 1987
Mr. Kaplan: Yes, my name is Joseph Kaplan, and I am an attorney representing
local 587. I have represented the local for some 17 years. Mr. Dacosta is
;�.,_.... ..";9 ul►d the charges which he made today are well known to me,
and they are also well known to the Public Employee Relations Commission,
because Mr. Dacosta made those charges, the same charges he is making today,
in an allegation of misconduct against the union, and he filed unfair labor
practice charges against the union. A complete trial was held of those
charges. People were placed under oath, and his allegations were made and the
administrative law judge who heard those charges, determined that there was no
basis for them, and turned Mr. Dacosta's case down.
Mayor Suarez: Who represented him?
Mr. Dacosta: That is not...
Mr. Kaplan: He was represented by an attorney by the name of Robert Norton,
of a major law firm in this community who...
Mayor Suarez: He let you finish, so let him finish.
Mr. Kaplan: Mr. Dacosta, through his counsel appealed to the full Public
Employee Relations Commission, and he lost there. He appealed to the
Appellate Courts and after there was some remand, ultimately the Appellate
Courts ruled against him, so in the very short message that I have to make to
this Commission, I would assure you that the allegations that he is making
today, not being able to be challenged in any other way today, because I can't
put the gentlemen on cross examination, and they are not...
Mr. Dacosta: I'd appreciate sir, if you don't point your finger...
Mayor Suarez: Wait, wait, wait, sir, sir... he let you finish, let him
finish!
Mr. Kaplan: Nor can they be fully fleshed out in these few moments allotted
to us to discuss it. I can assure you that a full hearing and a full appeals
through the court system was had, and those charges were established... were
not established, they were thrown out. His allegations of misconduct against
the union were not held to have any substance, so the case was thrown out.
After that... after that...
Mr. Dawkins: OK, let me ask one question.
Mayor Suarez: Wait, Counselor. Go ahead, Commissioner.
Mr. Kaplan: Excuse me.
Mr. Dawkins: No, go ahead, sir.
Mr. Kaplan: Just one last point. After that, and a long time later, Mr.
Dacosta elected to resign from the Fire Department. Yes, sir.
Mr. Dawkins: You said that he lost about unfair labor practices, but I hear
him saying the same thing that we are discussing today is harassment and
discrimination. Did he lose that?
Mr. Kaplan: Yes, that was the nature of the unfair labor practice. He
alleged that as a nonunion person, employee of the City, that he was harassed.
He alleged harassment by telephone calls, threats on his body and being beaten
up, threats to kill him, all of those things he alleged as misconduct on the
part of the union and there was a full trial, and he lost his case. He simply
is seeking to have another bite of this very, very eroded apple.
Mayor Suarez: Well, that is a characterization that I don't think needs to be
made, and actually, he has got all the bites he wants, just like anybody else.
Did you want to make any further statements, sir?
Mr. Dacosta: Yes, sir, I'd like to say this, that I am not a good speaker as
this man, and I am not an attorney and I can't use his terminologies, but I
will say this, that it did go to the District Court of Appeals, and they did
say that I was harassed and that my rights were violated. The only thing that
I did not have was the money that the union had that can keep this up...
171 March 13, 1987
. : ,
s • -
Mayor Suarez: Let me interrupt you. If District Court of Appeals said that,
they probably said that in a written opinion, and if so, you ought to give us
a coov of it.
Mr. Dacosta: Yes, sir, they did.
Mayor Suarez: OK.
Mr. Dacosta: All right, I will get it.
Mayor Suarez: Thank you for your statement. Anyone else? How many other
people are we going to hear from tonight? Raise your hands, please. OK, we
are going to try to keep it as reasonable as possible.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: And we will go both ways here, right? Let's go, Miguel.
Mr. Carollo: Can I ask a question? What are we going to accomplish by
hashing out the same thing we did at the last meeting on the subject? I think
that the points that were made at the last meeting were well understood. Both
sides have said the same thing, basically, maybe in different ways by
different people that we are going to hear again tonight. I really don't
think there is any further need to go on with meeting after meeting after
meeting of this same difference of opinions. I think that if anything, what
we need to do is to find a solution, that instead of having red firefighters
and blue firefighters, yellow firefighters, you are going to have one kind of
firefighters and put all this B.S. aside and get back to running a department
where everyone is going to work together, and respect each other equally.
Mr. Plummer: Let me ask this question - Mr. Manager, as alluded to in your
earlier comments, is there an ongoing investigation by the Chief of Fire into
the allegations that have been stated at these two meetings?
Mr. Odio: Yes, sir.
Mr. Plummer: OK, so in other words, we have the assurances of the
Administration that the Chief, who is new on the job, will address these
issues, and will report back to you, in turn to us?
Mr. Odio: I have complete confidence in the Chief. He has indicated he has
been having meetings, he has been going to the stations...
Mr. Plummer: But, what I am saying is, to address the specific allegations...
Mr. Odio: ... and yes, he will report back to me.
Mr. Plummer: ...and I underline allegations.
Mr. Odio: Yes, he has sir, and he will report back to me. -
Mr. Plummer: OK. I have to concur with Commissioner Carollo - unless there
is something new, in my estimation to go through this again this evening just
opens more wounds, and I don't know what we can accomplish. If there is
something new, then maybe it is worthwhile to be heard.
Mayor Suarez: Please, please, pleaset
Mr. Plummer: I'm sorry?
Mayor Suarez: He is expressing his opinion on that issue and there is really
no feasible way to keep...
Mr. Plummer: I don't know what we can accomplish, if anything, by rehashing
the whole thing all over again. I don't know... now, if somebody has
something new to say, and something different to say, then I think we ought to
listen to it. Take it from there, Don.
Mr. Don Teems: Let me try, OK? My name is Don Teems, I am president of Miami
Association of Firefighters. By the way, we represent all Firefighters,
OK?... Blacks, yellow, green, purple, it doesn't matter, they are all members
of our union, and hopefully always will be.
172 March 13, 1987
Mr. Carollo: Don, for the record, in no way was I trying to insinuate that
that was not the case.
Mr. Teems: I know that, Joe. The only thing that I think the majority of
these people want you to be aware of, and they want to make sure that you are
aware of, is the frustration that they feel, and that's why they want to keep
coming back and telling you and telling you and telling you. I think that if
we are assured that we are going to address the issue, and I thought I got
that from the City Manager; I thought the City Manager and this Commission
told me at the last meeting that as far as the promotions and those kind of
problems, we would sit down quietly and negotiate a reasonable settlement.
That's acceptable to the union. Any form of discrimination within the Fire
Service that has ever been brought to this union, we have addressed...
minorities, we have addressed, and we applaud any investigation into any kind
of discrimination. We are not for discrimination in any way, shape or form,
and we do have a problem with the form of discrimination that we are trying to
address to you. We understand that you have got different forms of
discrimination being thrown at you. What we are saying is that there is
another form, and it is against the Anglo male, and we want that addressed
too. We don't feel that S.A.L.A.D. ... we don't feel that the Human Relations
Board... we don't feel that your Affirmative Action Board would be sensitive
to our form of discrimination. We don't feel that, mainly because they have
already made public statements. Now, the N.A.A.C.P. has not. They have not
made a public statement, and I appreciate that. They said that they were
investigating it. I hope they talk to us, because S.A.L.A.D. never talked to
us. The Human Relations Commission never talked to us, neither did your
Affirmative Action Board, and yet, they have got an opinion and so you know,
we are wasting our time trying to... what we are trying to do is change an
opinion that is already there. The N.A.A.C.P. I welcome, I appreciate that,
and by the way, Counselor, let me give you a brief explanation of what
happened last night, OK, just for your own edification.
Mr. Culmer: I'd be happy to listen.
Mr. Teems: OK.
(INAUDIBLE BACKGROUND COMMENT)
Mr. Teems: No, because you made a statement and it is not quite right, all
right?
Mayor Suarez: Please, please.
Mr. Teems: What the union did last night is declare the Professional Black
Firefighter's Association a rival labor organization, and the reason they did
that was not Black and White. The reason they did that was because you had
another group coming in and trying to negotiate a term and condition of
employment. It could have been wages, it could have been promotions, it could
have been anything. Those terms and conditions of employment are exclusively
prohibited from being negotiated except by the duly authorized P.E.R.C.
representative, and that is Miami Association of Firefighters, Local 587. If
another group wants to do that, they can go out, get the cards signed, have an
election, if they win, then they are the representative, and that is the law.
So, what we did also, is request that that group, in 45 days make a choice of
which one they would like to belong to. We would like them to stay in the
union, but... or the group, the organization can agree that they won't
negotiate terms and conditions of employment anymore. We will accept that. We
do not... we do not want to see anybody get out of this union, we don't want
that, but we also, on the other hand... You know what happens with the Police
organization, don't you? You have got a Latin group, you have got a Black
group, you have got a women's group, you have got an Anglo group and you have
got the F.O.P.! Which one do you talk to? That's what we don't want to
happen, and it is not a unique thing, that it didn't ever happen before. The
only one that I know that might remember, would be J.L. Plummer, and at one
time, in the mid-160's to the late 1601s, the Miami Fire Officer's
Association, which is a group within the firefighter's organization, like our
Benevolent, came before this Commission and bargained in place of Local 587.
Local 587 declared them a rival labor organization, said, you can't do that,
and you either are going to belong to one or the other, not both. So, we are
not doing anything now then we had done in the past, and that is the only
issue, and we hope to God that we can sit down with whoever represents the
173 March 13, 1987
Professional Black Firefighter's Association, work it out so that we don't
have the problem. It did not take...
Mayor Suarez: Well, I :►..pec r .." 11uL -lb•c you, as the head of the
union can negotiate with the Professional Black Firefighters, but we as a
Commission cannot discuss with them issues that are pertinent?
Mr. Teems: That is exactly right, because I am not under P.E.R.C. law like
you are.
Mayor Suarez: As long as we don't discuss collective bargaining, issues, we
can meet with them, and actually, if we want to meet with them individually,
we can do anything we want.
Mr. Teems: You are absolutely right, Mayor, but not as a representative of
the Professional Black Firefighters, that is the difference.
Mayor Suarez: In whatever capacity. Counselor?
Mr. Teems: But, one other point, OK? One thing, the thing I wanted to clear
up with the Counselor is that he made the statement that that was in direct
relation to the last public hearing. That is not so. That was in direct
relation to the bargaining issue of the promotions, which happened several
days before that.
Mayor Suarez: Counselor, do you want to answer that particular point?
Mr. Culmer: Actually, I hoped not to get into another discussion of this,
this time, but since it becomes necessary, may I point out the following: I
am not here to again go through the process of defending a decision that has
been made, which is a God given, if not democratic constitutionally allowable
decision, that is, to voice a concern about a right or privilege which is
otherwise guaranteed to either associate, or to present, in the terms of free
speech, a presentation designed to disallow a hostile environment of
employment, which is predicated upon either race, national origin, or some
other improper consideration. That is the first thing. Secondly, when you
say, sir, that union's purpose, in its vote of last evening, is simply to
allow one voice for the issue of term and conditions of employment, you are
telling us, sir, that you can address the issue of racial discrimination, you
can address the issue of national origin discrimination, you can address the
issue of sexual discrimination, if there is any, and any other form of
impropriety which occurs in that Department satisfactorily to all, but then
sir, you turn around in the next breath and you say that this union has only
one consideration at its format, and that is Anglo discrimination. Sir, how
in the world can you expect me to come in behalf of this group and allow you
to say in one breath that Anglo discrimination is your primary, if not
exclusive concern, and then on the other hand, say that you are going to
represent all others who speak to those issues. Let me say finally, and I
don't intend to make this a debate, sir.
Mayor Suarez: Yes, and I didn't hear him say that, in all
Mr. Teems: That's... you are exactly right, Mr. Mayor, I did not say that.
Mayor Suarez: OK, no, just for the record, just to clarify.
Mr. Dawkins: Well, I didl I heard him say it.
Mr. Plummer: No, what he...
Mr. Dawkins: I heard him say itl That's right.
Mr. Culmer: Mr. Mayor, let me say just one thing.
Mr. Dawkins: Well, I heard him say it.
Mr. Culmer: And here we are, at the same place that I tried to avoid this.
The laughter can continue, all I can say Mr. Teems, sir, is you have your
point of view, and eventually it will be settled. That is all I have to say.
Mayor Suarez: Thank you, Counselor. There is no need to keep going back and
forth on that issue.
or,
174 March 13, 1987
Mr. Teems: You are right, I don't want to debate it. The only thing that I
will tell you, I don't want it left on the record that anybody said that this
local union chid not represent all Fireiightei•s in zve., .dsue. That is not
the truth. I never said it, and I never will say it, because it is not the
truth.
Mr. Dawkins: Give me a copy of the minutes in the morning, give me a copy of
the minutes. We can find out what we said.
Mr. Carollo: Mr. Manager, what do you recommend as City Manager that should
be our next step to follow right now?
Mr. Odio: Well, number one, I think on the issue what occurred last night on
the recognition of Fire unions, or whatever, I plan to settle that matter,
because by law, we are only authorized to recognize one union, and we will be
recognizing the local in writing and I could also assure... I have assured
Teems in the past, that I have not negotiated with the Black firefighters
professionals at any time. I did talk to Chief Walters, because I wanted to
know thei.- concerns, and I am entitled to know that. If I am responsible, I
need to know all sides of the story and before the last promotions were made,
I talked to Walters about the concerns of the Black firefighters, but we did
not negotiate, and that is the point of content here, and I will put in a
letter to the union, as soon as we can, indicating to the union that we only
recognize them as the bargaining unit, and I hope that will take care of that
problem. Now, on the issue of discrimination, I suggest that we go to the
University of Miami, F.I.U., and the other universities in the area, and to
appoint two members, or three, from those universities and create a panel out
of professionals to look into the discrimination issue.
Mr. Carollo: Well, I would go along with a panel of professionals, but what I
don't want to go along with is that you get into an arena where the people
that are going to be picked locally might be individuals, and there might be a
high probability they might be individuals that might be persuaded through
friendships, through political contacts, what have you...
Mr. Odio: No, that is why I wanted professionals.
Mr. Carollo: ... to give a political opinion at the end.
Mr. Odio: That is why I wanted professionals, Commissioner.
Mr. Carollo: Well, we are talking about professionals, but there are
professionals and then there are professionals! And, unfortunately, there are
many professionals that are political professionals.
Mr. Odio: Well, may I suggest that you pick them, that the Commission pick
them and that you decide who should be here that could be totally objective
about it. I believe we need to have objective people. We cannot have people
that already have their minds set on this issue, and...
Mr. Carollo: That's the bottom line.
Mr. Odio: OK, so that is why I was going to completely go to the completely
professional people.
Mr. Carollo: Where can we go to find an independent and objective body from
the outside that is not going to be local, that can give us an objective
opinion that is not going to be the Federal government that could screw up
more things by accident than most people can on purpose?
Mrs. Kennedy: How about the County Fair Housing and Appeals Board?
Mr. Plummer: The County?
Mr. Odio: I believe that individuals, better than organizations, in this case
that should be picked.
Mr. Carollo: Well, whether individuals, organizations that are not from this
area.
Mr. Odio: Well, I would have to do some...
175 March 13, 1987
Mr. Carollo: Outside of here, because I don't care if you go to the County,
you go to the City, you go to F.I.U., you go to, you know Coconut Grove
Elementary, you start doing that and the peup„ a Luat yuu are going Lo end up
getting there are going to end up being political. Maybe not all of them, but
all you need is one and that is going to influence the whole outcome of
whatever decision pro or against, is decided.
Mr. Odio: I have to admit, Commissioner, I have not sorted out nationwide who
would be the ideal persons. You would have to give me some time to look into
the matter and come back to you on that. Off hand like that, I cannot think
of anybody right now.
Mr. Carollo: Can you do that for us?
Mr. Odio: I will do that, if you only instruct me to do that.
Mr. Carollo: At least, from my way of looking at it, I think that is going to
be about the only fair and objective conclusion we could come to.
Mr. Odio: Now, let me add, Commissioner, this does not... I will provide the
information requested by both the N.A.A.C.P. and the S.A.L.A.D. and Greater
Miami United, since they are public records. I will be providing them the
information they requested in writing. They can go ahead with their own
investigation, but I think that you need to have an independent...
Mr. Carollo: Oh, sure, why not. Anyone can do any kind of investigation they
want, you know. You have no authority to stop them.
Mr. Odio: I just don't want them to think that we will not be providing it.
Mr. Carollo: We can even get the Boy Scouts and the Girl Scouts to do one of
their own, and you know, there is no authority that you have to stop them from
doing it.
Mr. Odio: I will come back to you then if you give me a few days to...
Mrs. Kennedy: Let me just say that I think that we as a City would be putting
our collective head in the sand if we didn't recognize that the allegations of
discrimination and reverse discrimination are cancers in the Fire Z�apartment.
I think this reflects also probably a problem that every major city goes
through when it has to reflect the ethnic balance of its population, but I am
afraid that if we don't cure out this cancer will just continue to splinter to
the Department. Whatever we decide today, you know... let's take our lumps as
one in the City, let's be together in whatever we do. Let's show some vision
and progress, you know, and then we can get on with business.
Mr. Miguel Alvarez: My name is Miguel Alvarez, I have been a Firefighter for
six years, I've been a member of Station 4B for five. I'd like to recommend
to all of these organizations who are making these accusations that they get
their heads out of the sand and find out the other side of the story. By that
I mean, you know, we have a lot if people here who are at Station 4, never
been contacted, and see what is going on at Station 4; and as the people here
will probably back up what I have to say, and you know, they might want to get
up here and talk a little bit about this issue. I, you know, what I see in
the Department is a lowering of the standards by certain individuals who can't
do their jobs, and then cry discrimination. That to me is a personal upset -
me, being a Latin, I've worked for what I have gotten, and I want it to stay
that way, and I want my fellow Latins, my fellow Anglos, and my fellow Blacks,
to be just as good, or better than I am, and to know that they deserve to be
there, and by lowering standards and hiring numbers, you are not doing that.
You are well aware of the article in Tropic and that is more or less stating
a little bit of the truth. If you don't hire quality, you are going to have
these problems in the future again, because if they can't do their job, they
are just going to go, "I've been discriminated against." If you can't get
along with people, you are going to yell, "discrimination." And we have got
to find out what the problem is, you know. If we want to talk about
discrimination, let's talk about hiring and promotion and the affirmative
action and see what... as it is defined in the dictionary, you know. I'd like
to thank you.
Mayor Suarez: Thank you for your statement.
176 March 13, 1987
Mr. Carollo: Can we get more one from the other side, end this, and bring
this to a head.
Mayor Suarez: Well, the problem is, that I am going to have a tough time
limiting, you know...
Mr. Mariano Cruz: The other side, I am...
Mayor Suarez:... and this is...
Mr. Cruz:... a member of the City.
Mayor Suarez: But, we are going to keep you to two minutes, and how many
hands do we have raised? OK, so let's make this quick, and again, not
cumulative. If things have been stated already, there is no need to restate
them.
Mr. Cruz% Well, Mayor, I was going to more, but I am just going to some
of the specifics. _
Mr. Carollo: Wait a minute. If we are going to be just opening it up again,
to rehash the same thing over and over and over again, and some of the same
faces want to speak again, that there are some of the same individuals that
have spoken the last time, then if that is the case, you know, you want to
just open it up again, you know, to bring this whole same thing that we heard
the last time, over again, then, have the City Clerk put on the clock, two
minutes a piece, and the minute that it rings, we stop.
Mayor Suarez: That's my intention.
Mr. Cruz: I didn't say anything the first time.
Mrs. Kennedy: Let's just decide... let's decide on an impartial body, Mr.
Mayor.
Mayor Suarez: No, no, but we have had statements from counselors, and we
haven't limited any of those, or from the union, but individual complaints by
firefighters or answers, or allegations, you know, they are getting
cumulative and we are going to limit them to two minutes. Go ahead, and that
includes you, although you are not a firefighter yet, are you?
Mr. Cruz: No, just a continuation of the budget hearing when I was here about
seven months ago, that nothing really was done, and I was here in September
and my name for the record, is Mariano J. Cruz, I live at 1227...
Mayor Suarez: Are you going to talk about the Fire Department, Mariano,
what...
Mrs. Kennedy: Mariano, what has the budget got to do with this?
Mr. Cruz:... N.W. 26th Street. Yes, at that time the budget hearings... look
at here, for personal services $35,750,731 for 693 positions. That is an
average of more than $50,000. That is more than the average of the people of
the City of Miami make, and that is the bottom line here too, an average of
more than $50,000 per person you hire in there. And one thing, I would like
to ask a question. Do all rescue vehicles carry, when they work in the Little
Havana neighborhood, do they carry Spanish speaking personnel? - E.M.T.'s at
least one person in those vehicles speak Spanish? I've got specifics. Once I
was right there in my neighborhood, 12th and 26th, somebody make a rescue
call, Rescue came and nobody knew Spanish. I stand up there and watched the
whole proceeding because it was like a nuisance call. Then they have to wait
for the City of Miami Police Officer that spoke Spanish to come and translate
for them what the person wants. Usually when there is an emergency, people
usually revert to their original language. I say that. Seeing that, I
thought ... I was a member of the Affirmative Action Board in 133 and 184, and
I came here with a complaint. I talked to... I knew Mr. Juarez, Tony Juarez,
and he was a E.M.T. from the Broward Community College, and he served as a
volunteer fireman in Miramar. He applied in the City of Miami in 1984, and
then he passed the test, and he was hired in 1986, April of 1986, for the
training. See, he is one of the persons that In not represented by the union
and not represented by Civil Service. He fell between the cracks and he,
i
177 March 13, 1987
`y
i
together with another person, Segui, was forced to resign. That is a subtle
form of discrimination too, because you get things there four months, and then
four months you get things which is said in the paper here. You either
resign, or we terminate you, and you know, that is wrong! And you know, not
too long ago, in the paper there was a case, it was of an assistant manager
that was forced to resign, and now they have to pay him. It is a civil rights
violation of Title 7. It's there. I have got here Mr. Wallace's statement.
During my training, it goes with the City of Miami department. I gave copies
to all of you, but he was forced...
Mayor Suarez: Do you want to wrap it up?
Mr. Cruz: He was forced to resign, and Mr. Segui too. Arid then he had no
recourse with the union, and he had no recourse with the civil service, and
thus he falls between the cracks. I said that seven months ago, and nothing
has been done. Well, maybe now we get to follow some other actions.
Mayor Suarez: All right, sir, thank you for your comments. Chief?
Chief Duke: Colonel Duke, director of the City of Miami Fire Department. In
regards to the gentlemen that Mr. Cruz is speaking to, he basically had his
day in court and any allegations that he presented at that time, were not
forwarded beyond the advisory board, to the City Manager, so he did have his
full hearing.
Mr. Cruz: That won't be his last day in court.
Mayor Suarez: Well, if he has other days in court, we will know about it.
Mr. Cruz: Well, you know, that is the "fox" taking care of the "hen house."
Mayor Suarez: OK, Mariano. Go ahead.
Mr. Dan Givens: My name is Dan Givens. I'm a City of Miami fireman for 13
years now. My concern here is basically, as Mr. Suarez has stated before,
that we act kind of like a family, but he has doubts about that. I think we
do act like a family, and I know that these are my friends and colleagues and
I associate with them off duty, but it's also a pride of achieving, and also
being a little bit above, a cut above. In your policies, as the Tropic
article brought out with the Police Department, it is a ditto right here in
this Fire Department. I am telling you right now, it is a ditto. The only
difference is, we are close. We live together, and you can't get rid of us as
easy. And the peer pressure that is being called discrimination, is actually
the best management tool that you people have. When people come on the job,
the peer pressure is to perform. The "slugs" are weeded out, they are not well
accepted. If you don't put forth what everybody else has to do in the
station, then you are not accepted. You know, I don't think it is a color
issue, or language issue, or sex issue. The "slugs" are discriminated
against, yes, they are. My father worked for the Fire Department for 27
years, still is a resident in the City of Miami and I have been here 13; I
plan on staying here, and I plan on coming down here as much as I have to
hopefully get this straightened out, but we are not looking to discriminate
against anybody, other than the people who do not perform.
Mayor Suarez: Thank you for your statement. Sir.
Mr. George Valladarez: My name is George Valladarez, I live at 6884 West 26th
Court in Hialeah, and as far as what the gentlemen has stated...
Mr. Dawkins: You live where, sir?
Mr. Valladarez: 6884 West 26th Court in Hialeah. The gentlemen was
addressing the problem that they had with Juarez and Segui, two recruits of
mine, when I was at the City of Miami Fire College. I'd like to voice the
view of a Latin officer and the turmoil he is caught up in, and what everybody
is addressing here. He did have his day in court. He brought the problem up to
the Affirmative Action Committee, in which I was called upon to show my side
of the story. The Affirmative Action Committee said that he did have no case,
but it is again, another example of how this problem has snowballed into
something that really the City and the Fire Department can't withstand for
much longer. It was a Latin individual stating discriminatory charges against
a Latin officer, and again, I say it is an example of what this Department has
178 March 13, 1987
blown up into. I'd also like to make the comment now that the Fire Department
is still in the early stages, and it can be saved, because, through
promotional practice or whatever you might say, the level of incompetency is
only on a pumper or a rescue, which is, at the unit level. At the unit level,
almost anything can be covered up by their superiors, or by their
counterparts, things get covered up, but when these people start getting into
management positions, as is already a matter of record in the Miami Police
Department, that is when the blankity-blank hits the fan. I'd like to say
also...
Mayor Suarez: Nice way to phrase itl
Mr. Valladarez: Thank you, sir. I'd like to say also that people are caught.
For example, as a Latin officer, I am caught in a problem where I cannot take
disciplinary action against a minority, because if he steps in the quicksand
right now on the Department, there is a limb coming off a tree with a big sign
saying, "In case of disciplinary action is taken against you, reach up and try
to grab this limb." And that is a problem that everybody is facing. I face
it is almost every week in the Fire Department.
Mayor Suarez: Do you want to wrap up, please.
Mr. Valladarez: Sure, I will wrap up.
Mayor Suarez: I thought you just didl
Mr. Valladarez: My time is over? OK.
Mayor Suarez: If you want to make a final statement, go ahead!
Mr. Valladarez: I'd just like to say that I earned my position on the Fire
Department. I challenge this Commission to come up with some sort of a
solution where you restore pride to the Latin, you restore pride to the Black,
and you don't look at me as inferior to where I need a help up to compete
001
against my brother Anglo's. Thank you.(APPLAUSE)
Mayor Suarez: Thank you. Pleasel
Capt. Don Reilly: My name is Don Reilly, I have been a fireman twenty-nine
and one-half years.
Mr. Dawkins: Your address, sir.
Capt. Reilly: 9265 S.W. 149 Street.
Mr. Dawkins: Thank you.
Capt. Reilly: I am a Fire Captain at Station 4. During your last meeting,
— three of the primary speakers were from my station. Many charges of
harassment, discrimination, racism, destroying of personal property, etc.,
were leveled against the Fire Department. Each member stated his name, and he
was from Station 4, and then expressed his feelings. It appeared that
everything he stated by them occurred at Station 4. Because of this, my
station got a bad rap, and we received the brunt of the onslaught by the
media, and embarrassment associated with it, when in fact, most of their
charges occurred at other stations and by other officers, not at Station 4.
I've had 60 or 70 minorities under my command over the last few years, and I
challenge anyone to show me how they were treated any different than non -
minorities. In fact, most of them would probably stand up and say that I and
my officers were more than fair. Actually, I am ashamed that some of the
Blacks and minorities are not coming forward and admitting this. We welcome
each new Firefighter the same. They took part in station parties and fishing
trips, and other off -duty activities. Some of the crew even tended bar at a
Black firefighter's wedding. Does this sound like discrimination? Each man is
treated solely on his own merits. Let me give you a little background about
the men who are leveling these charges against us. Ron McCray came in the
Fire Department. He has been at several stations, he had problems at each
station, resulting in disciplinary action, and eventually suspension from the
City. He delayed three alarms while someone had to go and look for him. He
missed one alarm completely and he has been A.W.O.L. three times. This is
disgraceful. He has also abused his sick time. In spite of this terrible
record and the minimum amount of punishment was issued to hopefully solve his
179 March 13, 1987
a 0
problem. This is a man who is claiming discrimination, when in fact, he was
merely being punished for not performing the basic duty of getting on a fire
truck and providing emergency service. After these incidents, Ron was
assigned to my station. The same problems continued, and he missed two more
fire alarms, resulting in another suspension from the City. In spite of this
record, I worked with Ron and counseled him and developed a good working
relationship. In my opinion, fairness and a sense of duty was demonstrated,
not discrimination. Is my time up? I've got one more short statement.
Mayor Suarez: Go ahead.
Capt. Reilly: The other is Leo Garcia. In his short time with the City,
about 20 months, he has been in my command about half that time. Also, like
Ron, he came to me with prior problems. Two times, the officers at the
training center considered terminating him, but he was given another chance.
After an assignment at the Firefighting Division, he was sent to a few
stations and his problems continued. His probationary report indicated many
weaknesses and termination was again considered, but instead, it was decided
to extend his probationary period for two months. This is when I received
Leo, so you can see, his problems didn't start at Station 4. For the next 60
days, he progressed satisfactory, but at the completion of...
Mayor Suarez: Please wrap it up, Captain.
Capt. Reilly: All right, his probationary period at the completion of is...
Mayor Suarez: We have access to his files. We can read, anytime we want, we
can read any of the notations on there.
(INAUDIBLE BACKGROUND COMMENT)
UNIDENTIFIED SPEAKER: He can have a minute of mine.
Capt. Reilly: He's going to give me a minute of his time, I've just...
Anyway, after these incidents occurred and he got his probationary period, he
became disrespectful to the officers, he was discourteous, he had
confrontations with members of my crew, he had confrontations with the other
shift, and it just continued. He was discourteous, he disobeyed orders, he
showed contempt for the officers, the staff and the administration, and he
also complained about his job. His last confrontation was with another
minority, which lead to the Police Department being called to relieve a tense
situation. At this point, Chief Byrd asked me to write a memo with my
recommendations for improving the station and the Fire Department. I
recommended Leo be terminated and McCray and Paine be transferred. This is
where the media stepped in and this all blew out of shape. Now, Leo, if had
complaints with discrimination, he had a number of proper avenues to follow.
He chose to speak to S.A.L.A.D. and to use his father's influence, not to
recognize avenues. He was asked by myself, Chief Rolle, Chief Rehr, write down
these charges of discrimination. HA never did this, because he didn't have
any. I don't deny there may be some legitimate cases of discrimination in the
stations, the ones I have discussed here personally affect me and my officers
and the crew at Station 4.
Mayor Suarez: Thank you for your statement, Captain. Let me tell you one
thing on Ronnie McCray, because I have happened to talk to a lot of the
officers at Station 4, and unanimously, they have told me that they think
Ronnie McCray is a very good firefighter, so let me just put that on the
record, since he is not here.
Capt. Reilly: His record should speak for itself. Anybody that misses three
runs, been A.W.O.L. three times is not a great firefighter.
Mayor Suarez: Sir, I am telling you what I was told by all the firefighters
in your own station. Yes, sir.
Mr. A. J. Hunter: My name is A. J. Hunter, I am a firefighter, City of Miami,
I have worked there two years.
Mr. Dawkins: Where do you live, sir?... address?
Mr. Hunters My address is 4550 S.W. 68 Court. As we all know, the problem in
the Department is discrimination. OK, we have all been here, and we have all
180
March 13, 1987
_ZZ
heard, and we have heard the numbers that they are given out, as far as the
makeup of the City and the makeup of the Fire Department, but what we haven't
heard, is the scores presented to the Fire Department by the minority
personnel. They have never consistently scored as high as the rest of us.
Now, my belief is the fact that they don't have to score as high as the rest
of us, because the City is always going to turn around and give them a
promotion. Now, we can go on and on with this, but I'd like to offer some
solutions to the problem, and my number one solution would be to open up
applications to the entire State of Florida. Number two, go to universities
around the State of Florida and recruit qualified minorities to fill these
positions. Don't recruit personnel who are not going to be able to compete
with the rest of us, and my third solution to the problem is, to get a test
and have it certified by various institutions as being nondiscriminatory, and
then, promote and hire right on the list, and you won't have these problems
anymore. This is the solution. Now, you know, we have been here before, and
we heard talk, and we heard talk from the Manager here, yet this week, he
comes out, in the Miami Herald he promotes more affirmative action hiring, and
higher minority goals. Now, OK, why does the City have to reflect the makeup
of the public. Why can't we all be judged as individuals. Every time I am
judged by the City, I am pocket -holed into Anglo male, that is it. You know,
you might as well make three lists, or just pick by last names or color.
Mrs. Kennedy: OK, let me just pick up on something you said. Mr. Manager,
how would you feel if we opened it, perhaps not nationally, but throughout
Dade County?
Mr. Odio: I have been talking to the Chief this week that we should extend
our recruiting to Dade County. Most of the firefighters live in Dade County
anyway, so why not send it...
Mayor Suarez: So far everyone that has spoken doesn't live in the City of
Miami, so at some point, we...
Mr. Odio: Maybe we should do it.
Mr. Dawkins: 662 of them, of the sworn positions, 562 live outside of the
City of Miami, for 85 percent, 100 live within the City of Miami for 15
percent.
Mayor Suarez: OK, thank you for your suggestions. They will be taken into...
Mr. Hunter: OK, I didn't get my full two minutes and I'd like to finish.
Mayor Suarez: Go ahead, I thought you were finished.
Mr. Odio: If I may, Mr. Mayor, as a point of order, to answer him... yes, I
promote affirmative action, I have never denied that. I will always promote
affirmative action, because if you don't have equality, you don't have
representation, you can't function well, and what we did this week, yes, is to
meet the goals up front and not after the facts, to avoid problems, and I will
stand by my statement in that memorandum, and I have told that to your union.
Mr. Hunter: OK, you say goals, but what your goals in effect, are, is quotas.
You are limiting the non -positions by race, and you are. limiting me from my
equal opportunity and all the other Anglos out here. You know, we have just
as much right to work within the City, and within the Fire Department as
anyone else.
Mr. Odio: Let me ask you something, sir. I promoted, since I have been
Manager, 36 people in the Fire Department, OK? Out of that, 3 were Black, and
4... I believe 5 were Hispanics.
Mr. Hunter: What were their scores?
Mayor Suarez: Wait, wait, sir.
Mr. Odio: The rest were Anglo males. Now, if that is discrimination, OK.
Mr. Hunter: OK, how many of the...
Mr. Tyronne Kennedy: Is this going to be a debate?
9:00 o'clock the last time, to speak.
I mean, I waited until
181
March 13, 1987
Mayor Suarez: You are going to be heard, sir. You are going to be heard, but
you are not going to be a moderator.
Mr. Carollo: Can we become...
Mayor Suarez: That is it. That is it. We finished your statement.
Mr. Hunter: At the last Commission meeting, I was promised a public hearing.
Mayor Suarez: You have made a question to the City Manager.
Mr. Hunter: Was I not? Was I not promised a public hearing?
Mayor Suarez: You have had an answer.
Mr. Hunter: I haven't had my public hearing.
Mayor Suarez: Sir, you have had the time allotted to you. Go ahead.
Mr. Hunter: (OFF MICROPHONE)... Why didn't you start from the beginning with
two minutes?
Mayor Suarez: Please!
Mr. Hunter: (OFF MICROPHONE)... Why are selective people...
Mayor Suarez: No, no, we tried to listen to counsel and to the unions without
restriction on time, and to the individuals with restrictions, otherwise, we
would be here all night. Go ahead, sir.
Mr. Kennedy: Tyronne Kennedy, 969 S.W. 2 Street. Mark that down,
Commissioner Dawkins.
Mr. Dawkins: What address?
Mr. Kennedy: 969 S.W. 2 Street.
Mr. Dawkins: Then you can't vote for me. You mark that down!
Mr. Kennedy: OK, you got it.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Kennedy: I've been with the City for 20 years, and affirmative action is
probably the greatest thing that has ever happened for me. It took all of my
studies and directions from the Fire Department, and put it in real estate,
put money in my pocket. I love the Fire Department. When Commissioner
Dawkins was talking about bringing down the Justice Department, I was
ecstatic. I thought everybody would get a fair shake, and then we came up
with The Fire Chief's Association. I thought that was good. I think anything
would be good if we could go outside. The Fire Chief's Association elected
not to do it, so why don't we go back to the Justice Department and have them
come down and go through and see where the discrimination lies? I just think
that is the answer to it. I only had a minute. Thank you for your time.
Mayor Suarez: No, go ahead, if you if you have got anything else to say.
Mr. Kennedy: No, I just... and I am a loyal resident, I am a hard worker, I
serve on the Pension Board, I am on the Credit Union Board, I am president of
Debt Services Bureau. I do a lot of outside activities, but my opportunities
have been limited within the Fire Department because I am an Anglo. Thank
you.
Mayor Suarez: Thank you for your statement, sir.
Mr. Ruben Bargueiras: My name is Ruben Bargueiras. I am a Latin male, 9920
North Kendall Drive. You know, I am kind of surprised you guys sit here and
all and may, you know, it is monotonous to hear each one of us come and talk
to you, but it is our lives that are getting messed up... not yours, you go
back to your $100,000 offices, and we go back to the stations. OK, we deserve
our change to speak, you know. It is monotonous, dinner is ready, everything
182
March 13, 1987
is fine, I haven't eaten. I am here to voice my opinion. I am Latin, I don't
like handouts. I came from Cuba when I was five years old. I know
discrimination. It exists everywhere. It exists on that panel, right there
nv! o-he rnmml-4,3n, it exists, and I can't take this any morel You know, it
is a lot of pressure, you know. Mr. Dawkins, I'm glad to see you came back.
You know, I am really, you know... you sit here, and I've come to a lot of
Commission meetings, I never hear you talk once for the Latin, always for the
Black, OK?
Mayor Suarez: That is not reflective at all of what...
Mr. Bargueiras: That is not reflective to what... maybe that is a lie. Maybe
that is a lie, maybe it is just my point of view.
Mayor Suarez: You would really do a lot better if you don't make it personal.
Mr. Dawkins: Do you live in the City?
Mr. Bargueiras: No.
Mr. Dawkins: Well, you can't vote for me, so go ahead.
Mr. Bargueiras: That's all right.
Mr. Dawkins: All right, all right, OKI
Mr. Bargueiras: That is all right, but the Latins can vote for you.
Mr. Dawkins: That's right, and they do, and they did, OK?
Mr. Bargueiras: OK, right up until the time...
Mr. Dawkins: And if you can convince them not to, that is your privilege too.
Mr. Bargueiras: That's right, but the point is, the point I am making is, the
only people that are being skipped...
Mayor Suarez: Please, please...
Mr. Dawkins: What did you say? What did you say?
Mayor Suarez: Please, you are not the moderator, Miguel.
Mr. Bargueiras: The only people that are being skipped are the Anglos, right?
That is fine. When you skip a Latin for a woman or a Black, you are going to
see what voting power is, OK?... because that is an issue. You guys, only
care about is the voting. So, 60 percent is Latin, let's give the .Latins what
they want. You know, the Blacks make up the second highest, let's give it to
them. The point is, let's deal individually. Quality... how can you send
people who are unqualified, or not as qualified as other individuals to your
family to treat your loved ones. How would you like it? How would you like
to put out eight months of your lives studying for a test to score high enough
to make the grade, and then you get skipped by a person who didn't score,
didn't make it. It is unfair, and the retaliations are not made on creed, or
nationality. It is made on individuals who go against what is right, OK?
What is right for you might be affirmative action, but that is not the right
way to do it. You are doing it the wrong way.
Mr. Dawkins: You know, I get... I am about, I have to say this, I planned not
to say anything. You say that you came here from Cuba, OK?
Mr. Bargueiras: That's right.
Mr. Dawkins: You did not, your parents came, probably, all right?
Mr. Bargueiras: No, I did.
Mr. Dawkins: OK, now...
Mr. Bargueiras: Born.
183 March 13, 1987
•
s
Mr. Dawkins: ...you say that you know about discrimination. You don't, all
right?
Mr. ul4'.
_ Mr. Dawkins: Your parents do. They left Cuba because of discrimination and
brought you with them, all right? Castro is one of the biggest discriminators
in the world, OK, and I buy that. I fought in two damn wars to be able to sit
here and say that, all right? Hold on now, you see, you guys keep picking on
Miller Dawkins, so let Miller Dawkins get you off his back, OK? Now...
Mrs. Kennedy: It is all right, Miller, he picked on me too.
Mr. Dawkins: Now, if I did not feel that you were right in saying what you
said, I wouldn't have anything to say. But, you see, what you don't realize,
sir, is that... and I am going to see here is a book, "Institutional Racism,"
policed by a White majority, OK?... 1976. 1980, May riots in the City of
Miami. No, nol Now, listen closely, OK?... confronting the... What did you
say?
(INAUDIBLE BACKGROUND COMP2VT)
Mayor Suarez: You are out of order. One more comment like that, and then you
will really be removed from the Chambers. Please, Commissioner.
Mr. Dawkins: No, it is America, let him voice his opinion.
Mayor Suarez: He will, when he takes his turn. We will be here as long as we
have to.
Mr. Dawkins: But, you see, this is the problem, and like he says, unless we
can discuss this amicably, and get things off our chest, we won't get nothing
done. See, and it's no sense in us going out of here mad with each other, and
we have got to live together, you know, let's bring it to the front and if you
don't like the way I part my hair and you don't like it because I don't have
no hair, that's fine. This is America, that is why we are here, OK?...
conflicting racial insulation in Miami, OK? You don't know anything about
this, I do, OK? And every one of the Blacks who you see come down here, they
know this. The only problem I've got with this whole thing is, why is it,
that the Fire Department allowed Ronald McCray all the chances that they
allowed him if he was such a lousy fireman?... He should have been fired the
first dayl
Mr. Bargueiras: You are right, no question in my mind!
Mr. Dawkins: OK, all right, but you see, but don't come in here, you know,
and take him as a scapegoat, when it is the Fire Department's problem. They
created it, you see? Now, I don't know why, and I am not going to attempt to
find out why.
Mr. Bargueiras: Yes, the Fire Department might have created it, but you
protect him, OK? The Commissioners protect... anytime any racism is cried
out, every time there is a wrong done, racism is cried out. I worked with Ron
McCray for two years at Station 12. I was there when he missed the runs, OK?
Mr. Dawkins: He should have been fired. I have no problem with that! I
don't have no problem with that, but you didn't...
Mr. Bargueiras: You are right, no question about it, but the system is
created, the system is created.
Mr. Dawkins: No, no, the system didn't keep him there. Whoever was in charge
of the Fire Department kept him there. Don't say that we kept him therel
Mr. Bargueiras: That was a mistake.
Mr. Dawkins: OK, all right, thank you. See, so there again, we do have
problems. And unless we iron it out, it is not going to work. See, now
whether you like me, or dislike me, that is irrelevant. We have got the best
damn Fire Department in the country, and we are going to keep it like that,
OK? But, just like you got a fear of being discriminated against, the other
guy has got a fear also. So, let's work it out, and find out. See, we know
the problem, let's find the solution!
184
March 13, 1987
Mr. Bargueiras: The solution? Promote in order, hire in order, and just hire
by numbers, that's a solution.
Mr. Dawkins: All right now, OK, you want that?
Mr. Bargueiras: Yes, I want that.
Mr. Dawkins: All right, why didn't somebody in your union come up to me and
say, hey, look, you know the way to do this?
Mr. Bargueiras: That's the way to do it!
Mr. Dawkins: No, see, the way to do it would have been to say, "Fine, we are
going to sit down and pay, along with you and the City, to develop a test
nobody else has ever had, OK? We are going to throw out all the tests and for
three years, we are not going to test anybody, we are going to let everything
go, and at the end of the three years, then we are going to give a test and we
will promote according to the test list."
Mr. Bargueiras: I am all for it, right now.
Mr. Dawkins: No, no, not
Mayor Suarez: Pleaset
Mr. Dawkins: Then we are working collectively to get it done. Now, anybody
who don't have guts enough to study for three years, as you said you did see,
he should be rewarded.
Mr. Bargueiras: You are right, and that is what it is.
Mr. Dawkins: See, but like I said, instead of working collectively to find a
solution, we are here calling each other names and don't like each other, and
all of that is not going to work!
Mr. Bargueiras: The system has created the problem, OK? The affirmative
action has created the racism that exists today.
Mr. Dawkins: The system created the racism, OK!
Mr. Bargueiras: The system has created it and it is today.
Mayor Suarez: OK, all right. Everybody has given their opinion on that
issue, certainly. Go ahead, sir.
Mr. Odio: Mr. Mayor, may I for a second, just to put on the record the right
numbers. Promotions 42.
Mayor Suarez: This is since you have been City Manager? Is that...?
Mr. Odio: Yes, sir. 28 Anglo males, for 66 percent, 10 Latin males, for 24
percent, 4 Black males, for 10 percent, of the total. That is...
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: OK, now, he is just giving the figures and the proportions.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Sir, go ahead. No, you were just pushed away by the head of
the union.
Mr. Don Teems: Yes, he is exactly right on...
Mayor Suarez: Pretty powerful guy.
Mr. Teems: He is exactly right on the promotions that he has made. Let me
tell you the problem with the registers, all right? With the registers, they
came within two grading periods for affirmative action, and because of the
freeze, there were a bunch of them that were jammed up. The vast majority of
the minorities were promoted off of the first promotion before the freeze, off
185 March 13, 1987
of those registers we are talking about. What was left was primarily Anglos.
That is why we wanted the rest of them to be in sequential order, OK? Off of
these registers, 100 percent of the Blacks have been promoted. That is the
truth, OK? I believe that the Latins have also. I don't think there are any
Latins left.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Teems: Well, I didn't want to say that. That's...
Mayor Suarez: Go ahead, let's not put that on the record until we are ready
to make any...
Mr. Teems: So, as far as these registers are concerned, 100 percent of the
Blacks and 100 percent of the Latins have been promoted.
Mayor Suarez: By the way, on the registers, because I have met with some of
the individual members who are still on the register for lieutenant and
captain, and the differences in scores are not very much. I mean, if you went
to any kind of a system that you know, was not on a point by point
differentiation, you would find that you would be able to promote pretty much
all of the adequate numbers of the different ethnic groups and maintain some
proportion, because those differences in scores are not so much to worry me,
for example, regards to what the last speaker said, that we are not going to
have qualified firefighters; I mean, we are talking about the difference
between an 84 and an 82, or an 81, or an 80, where 78, where seniority adds up
to a total point, so, anyhow...
Mr. Teems: Mr. Mayor, firefighters...
Mayor Suarez:... there are a lot of different systems of...
Mr. Teems:... study anywhere from six months to three years, for promotions.
It is very competitive, very competitive. They separate firefighters by tenths
of points, and where they are going rank on the register. One of the issues,
that could resolve part of the problem, Commissioner Dawkins; specifically, is
to extend those registers for the full two years, those promotional registers,
like they were in the past. That way you would have a better opportunity to
promote the people further down on the register, that maybe wouldn't have got
promoted in the first year, and that would solve a big resolution of the
problem. We don't do that anymore. Now, it is, you know, a year, and they
cut it off.
Mr. Dawkins: Well, why is it, Don, we are not sitting down, if that is a
solution, why haven't we sat down and come up with that as a solution to the
problem?
Mr. Teems: Commissioner, you know, I have talked to the Civil Service Board,
I have talked to the Commission before, I have talked to everybody I could
talk to. I have talked to you about this problem. I have talked to all the
Commissioners about this problem, you know I have, OK? This is not the place
to be. This is not the place to be! The place to be is to sit down and let's
work it out. You know it, and I know it, OK?
i Mr. Carollo: Don, I think that this is something that we could agree upon
now. You know, it has been there, and now it is not the place to be anymore.
�. i will tell you, I am to the point now, we still have got some unfinished
business. I've got to take care of some internal discrimination with the
Mayor against some of us here, that I want to do before we are out of here
tonight. We are supposed to break by 9:00 p.m., and I am going to become an
equal opportunity Commissioner and ask that we stop hearing anybody else on
this, and discriminate against everybody equally, and try to find a solution,
like I have requested the City Manager to do, and I am willing to sit down
with you, with any other representatives, and discuss this matter further.
Mr. Teems: One thing I would like to do, Commissioner, I'd like to apologize
for anybody who has gotten a little out of hand, OK?
Mayor Suarez: No, Don...
Mr. Teems: No, let me do this, please, because, I know, and I know what the
problem is. The problem is total, total frustration.
186 March 13, 1987
i
i
Mr. Dawkins: But, you see...
Mr. Teems: And please don't ta:.a :....
Mr. Carollo: That is the bottom line.
seeing here, frustration!
That is the bottom line that we are
Mr. Teems: Please don't take it personally. I think some of the things that
were said shouldn't have been said, and on behalf of them, you know, we
apologize for that.
Mr. Dawkins: Don, may...
Mr. Teems: We are not here to condemn anybody. We are here to solve a
problem.
Mr. Dawkins: No apology is needed. If they don't come here and vent their
frustrations, where can they vent them, OK? So, you know, that is why I am
saying, let's sit here and say what we have to say, and get out of here and do
what we have to do. That's all.
Mr. Carollo: Can I make a motion, that based upon the request that I made to
the City Manager, he come back to this Commission with a recommendation?
Mayor Suarez: It will be part of what he is already looking at, because he is
already looking at the proportional system.
Mr. Dawkins: But, a recommendation for a solution to the problem, not a
recommendation to identify the problem!
Mr. Carollo: Absolutely. We know the problems already.
Mr. Dawkins: Is that right, Don? Is that what we are saying?
Mr. Teems: Yes. Well, I think you have got two problems. You have got
people saying individual acts of discrimination, and I think they need to be
investigated and find out if they are or aren't, and I for one, would be glad
to help do that, because, you know, I don't condone discrimination in any way.
The other part is how to handle the promotional and the hiring and all that
kind of stuff, or that kind of discrimination and that, I think the Manager
has already solved, as far as I am concerned, when he said he would sit down
and try to... and negotiate it, a reasonable Affirmative Action program that
doesn't discriminate. I don't have a problem with that.
Mayor Suarez: We are working on that, yes, and there was one suggestion made
here that may be a part of that, the one you just made.
Mr. Odio: Yes, I think it should be part of the labor negotiations we have
going now on the Affirmative Action plan.
Mr. Dawkins: I have no problem with that.
Mayor Suarez: Do you want to make a two minute statement and wrap this up?
Mr. Thomas Dougherty: My name is Thomas Dougherty, I have worked in the north
end of the City for the past 24 years. I have worked with fellow
firefighters, fellow Black firefighters, and quite frankly, the Black
firefighter's complaint has not been seen by me, either through direct
Interaction with my fellow fighters, and in their homes, and perhaps even in
your home, Mr. Dawkins. The feeling that I have here, I was extremely
disappointed that my fellow firefighters, fellow Black firefighters did not
come here tonight and discuss the issue in open forum, as you had yourself
suggested. I have the feeling that perhaps what I have perceived, or what was
presented earlier as a Hispanic problem within the Department, I think has
pretty well been resolved in the discussions here. My observation here at the
meeting is that there is not "rampant" Hispanic problems within our
Department, and when I find that the Black organization's members elect, or
choose, or represented to not choose to be at this meeting, I begin to
wonder, is there a problem, is there a legitimate problem with the individual
Blacks within the Department, or is it, once again, four or five people who
are stirring a problem, and bringing it to a point and then denying the
187 March 13, 1987
individuals the access to the meeting. What has been displayed here for the
Blacks, in so far as an attitude, of severe discrimination against them, of
harassment, is something that I am not aware of, having worked with them in
the north and where most of the Black Firefigh*ers --k -,d it ;s ro* . 3t is
something foreign to me. And I am very easy to contact and anyone who wants
to call me and say that to me differently, I'd love to sit down, as Mr.
Dawkins said, and talk about it to where I can be more enlightened and help
resolve the problem. But, quite frankly, gentlemen, I kind of again feel that
there is a misrepresentation being presented here to this Commission. Thank
you very much.
Mayor Suarez: You made an interesting point without, maybe without realizing
it, that has come out of a lot of my conversations with the officers, in when
you said that you would be interested in meeting with Commissioner Dawkins.
Apparently, there was a fear in the past of meeting with the Manager and with
the Commissioners and somehow, come reservation of going outside of the
hierarchy of the Department, and I don't know that that is the way it should
have been, and hopefully we have shown that we are accessible on an individual
basis to hear your own particular complaints, and maybe this is not
necessarily the proper forum to air them. If you want to do it individually,
if you prefer to do it that way, we are open to that. Thank you for your
statement. OK, this Commission's hearing on this particular issue has ended.
I think we have come up with some constructive ideas and suggestions.
Mr. Dawkins: I'd like to make one closing statement.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I was in no way putting Ron McCray down, because what I said
about Ron McCray, I want it applied to any firefighter. If any firefighter,
red, black, green, or purple had missed two calls, he should have been fired.
So, I don't want anybody to go back and say I picked on Ron McCray, but Ron
McCray was the example that we were using, so I just went along with the
example, but the Fire Department should not allow anyone with the kind of
record that I have heard you people say exists to continue to be a fireman,
and that is my honest opinion, that is all.
Mayor Suarez: OK, thank you.
Mr. Carollo: There is a motion, if we need to make one.
Mr. Dawkins: Second.
Mrs. Kennedy: What is the motion?
Mr. Carollo: The motion is instructing the Manager to come back with a
solution for us in hopefully finding some qualified professional and unbiased
individuals to present some answers to us, hopefully from outside of the area.
Mayor Suarez: That, Mr. Manager, if I understand the motion correctly, that
incorporates what we have already done in asking you to come back with a
promotional system that is different and that takes into account all of the
concerns expressed on both sides, and also ask you to come back with a
recommendation on a board or a group of individuals, or whatever that could
i investigate individual cases of discrimination, or whatever. That is the way
-F I understand the motion. So moved, do we have a second?
Mr. Dawkins: I seconded it.
Mayor Suarez: Seconded, any discussion? Call the roll.
186 March 13, 1987
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-282
A MOTION DIRECTING THE CITY MANAGER TO COME BACK WITH
RECOMMENDATIONS FOR THE SELECTION OF UNBIASED AND
PROFESSIONAL INDIVIDUALS WHO COULD ASSIST THIS CITY IN
CONNECTION WITH EVALUATION OF ALLEGATIONS OF
DISCRIMINATION IN THE MIAMI FIRE DEPARTMENT; AND
FURTHER REQUESTING THE CITY MANAGER TO COME BACK WITH
A PROPOSED NEW PROMOTIONAL SYSTEM INCORPORATING ALL OF
THE CONCERNS EXPRESSED BY THE CITY COMMISSION ON THIS
DAY.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
65. RESCHEDULE CITY COMMISSION MEETING OF MARCH 31 TO COMMENCE AT 2:00 P.M.
------------------------------------------------------------------------------ —
Mayor Suarez: The Commission has to resolve on when to meet the next time, as
far as the time. The Manager is recommending we begin at 2:00 p.m.
Mr. Carollo: That's fine.
Mr. Dawkins: So moved.
Mayor Suarez: March 31, 1987.
Mr. Dawkins: So moved.
Mayor Suarez: Moved. Do we have a second?
Mr. Carollo: Second.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-283
A MOTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF MARCH, 1987 TO COMMENCE AT 2:00
P.M. ON MARCH 31, 1987.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote-
189 March 13, 1987
r:t. r
E
is
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
66. DISCUSSION REGARDING MAYOR SUAREZ'S PRESS RELEASE DEALING WITH OFF-STREET
PARKING DEPARTMENT.
Mr. Carollo: Now, if I may, I would like to bring a matter up that I think
certainly needs to be clarified with the Mayor. It will take just a couple of
minutes. According to what was published on the Press Conference that you
gave earlier this week, Mr. Mayor, you stated in the Miami Today, also in the
Herald, it says: "Miami Mayor Xavier Suarez today proposed to abolish the
_ Department of Off -Street Parking, and creating a neighborhood development
authority that would report to the City Commission." Further down in the
article, it stated: "Mayor Suarez wants to create a neighborhood development
authority by merging the D.O.S.P. and the Downtown Development Authority."
Now, is that accurate on your press conference, what you stated?
Mayor Suarez:
Mr. Carollo: Well, again, we are running into the same problem, you know, the
Mayor has a terrible recollection.
Mr. Dawkins: So does Reagan. •
Mr. Carollo: Well, yes, but, you know, he doesn't have the responsibility
that a president has.
Mayor Suarez: That, yes, apparently that report was not particularly
accurate.
Mr. Carollo: Well, maybe some of the desert sand got stuck between the some
of the brain cells, but I could understand that. Now, the point I am getting
to is, today we approved an ordinance that I have here, that I presented,
asking the City Manager to handle the situation of the parking meters. Right
after that ordinance was approved unanimously by this Commission as a whole,
this memorandum in Spanish, but not in English, is given out to members of the
Spanish media by a member of the Mayor's staff. The first paragraph said the
following: "Responding to an initiative of Mayor Xavier L. Suarez, the Miami
City Commission approved today in an ordinance that locates under the
direction of the City Manager, Cesar Odio, the authority to install parking
meters in the streets of the City of Miami." Now, you know, Xavier, this is
misleading. What you wanted to do was to abolish that Department. Now, you
are trying to wrongly give the information that this ordinance was taken upon
your initiative, and these are the kind of things that are not going to do you
any good, and not going to do the City any good, and are quite disrespectful
to your colleagues. Now, maybe it is because someone on your staff made a
mistake. If that is the case, I could certainly understand it and would
accept that. Now, if you really feel that this was done under your
initiative, when in fact, what you wanted to do was to dissolve that body, and
you shot from the hip without realizing that that .could not be done and that
would not accomplish anything, my friend, you know, they are not going to
believe that what they are saying about you is correct - "El Breve," the quick
one.
Mayor Suarez: I will fully investigate the allegations of the Commissioner
and this Commission is adjourned.
Mr. Carollo: Let me give you a copy so you can do it.
190 March 13, 1987
4
THERE BZfbj NO FURTHER. BUSIMRSS TO A 31FORR THR CITf
COMISSICKI THE MEETING WAS AWOURNZD AT 8t19 P.M.
Xavier L. Suarez
N A T 0 R
Natty Hirai
CITY CLERK
Walter J. Foommm
ASSISTANT CITT CLERK
11
191
March 13, 1987
52. A. MOTION OF INTENT TO APPOINT/REAPPOINT MEMBERS TO THE
MIAMI SPORTS AND EXHIBITION AUTHORITY BOARD.
B. DETERMINE METHOD FOR NOMINATION.
C. APPOINT/REAPPOINT MEMBERS TO BOARD.
D. APPOINT EUGENE MARKS AS CHAIRMAN OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY BOARD.
------------------------------------------------------------------
-----------------------------------------------------------------------------
-
Mayor Suarez: Item 55, Miami Sports and Exhibition Authority
membership. We have got nine members of the Authority?
Mr. Odio: Commissioner, this is just...
Mayor Suarez: And I am told that five are selected by the
Commissioners and each Commissioner proposes one, and four by the
Commission as a whole. One of the ideas that I would have for
myself is to make sure that we have got enough so that each
Commissioner can appoint two. If the Commission sees fit to
disband the present Authority and start over again.
Mr. Plummer: Let me ask a question. How long are these
appointments for?
Mrs. Dougherty: They are appointed at will, so...
Mr. Plummer: But, I mean, is this Papa Doc?
Mr. Odio: More or less!
Mayor Suarez: So, in order to change...
Mr. Plummer: Well, you know what happened with Papa Doc, don't
you?
Mr. Odio:... in order to change, we have to disband the
Authority.
Mr. Odio: No, you can change the members, you can reappoint and
may I suggest maybe that is what you should do, just either
reappoint, or revise the whole...
Mrs. Kennedy: Bill Bayer, are you still interested? You could
be my appointee.
Mr. Odio: By the way, I have been notified that Willy Gort has
resigned from the Sports Authority, so that position is vacant.
Mayor Suarez: Well, the think the Commission has to first decide
whether we are going to maintain the present structure, or simply
reappoint the members or what do we want to do? What is the
Commission's pleasure?
Mr. Plummer: Well, Mr. Mayor, I think first of all, we ought to
establish some procedure. I can't go along with any board that
is for infinitum. I think there should be a term of office, and
maybe staggered terms, I think over a three year period is a nice
round number we used in other cases, and that we go ahead and we
reappoint as we see fit, with in fact, some of them receiving
three year terms, some two year, and some one year terms, and
that would give a continurtion, but it would still leave for new
thinking and new blood. I would propose at this time that we set
a policy that the membership of that board should be for a period
of a three year term, and that from this inception forward, that
we would designate three... there is nine, right?... that three
would be given three year terms, three would be given two year
terms, and three would be given one year terms.
id 1 March 13, 1987
0
Mayor Suarez: My first reaction to that is let's go to at least
11, because that way we get two per Commissioner, otherwise we
are going to be arguing all day as to the appointments and then
one other one could be appointed by the City Manager, or his
proxy.
Mr. Carollo: I think if we go to 11, that is too many. We could
draw. Each will have two, one will only do one.
Mr. Plummer: How about six?
Mayor Suarez: I would...
Mr. Carollo: We could do it that way also. Each would have one,
and one would end up with two.
Mayor Suarez: I stick to my number of eleven, but we will have
to take a vote on it. The other reaction is the staggered terms.
You know, why complicate it? Why not just have everybody with a
" two year term, or one year term for reappointment? Why are we
going to complicate it to a term of staggered terms?
Mr. Carollo: Just like the Mayor and the Commissioners, huh?
Mr. Plummer: We do that, the Mayor and the Commissioners that
way.
Mayor Suarez: I know, who likes that idea?
Mr. Plummer: I guess the voters of the City.
Mayor Suarez: They haven't had it before them. They haven't had
it before them.
Mrs. Kennedy: They had it tested though, many times.
Mayor Suarez: Well, what is the Commission's pleasure? Let's
get on with it.
Mr. Carollo: Shalom, J.L., Shalom.
Mr. Plummer: What? Shalom, yes.
Mayor Suarez: What is the Commission's pleasure?
Mr. Plummer: (COMMENT IN HEBREW) What was your proposal, Joe?
Mr. Carollo: I'd go along with six of nine, and...
Mayor Suarez: Well, don't make it six, because you have got a
problem with majority.
Mrs. Kennedy: No, six we can't.
Mr. Carollo: Well, we will make it nine, and each will have two,
except one. I could make the usual draw that we have done in
the past, and we could pick lots.
Mr. Dawkins: No, let somebody else do the drawing.
Mayor Suarez: Let's do it in a way that makes mathematical
sense. First of all, has the Commission determined to
reestablish the board with new board members? Do you want to
take a vote on that?
Mr. Plummer: I think you will do that by your nominees.
Mayor Suarez: OK, but I think first we have to give the
indication that we are going to replace the entire board by some
kind of a...
Id 2 March 13, 1987
9
Mr. Plummer: Maybe not, not the entire board!
Mrs. Kennedy: For example, I am not interested in replacing my
nominee.
Mayor Suarez: What are we doing having this item? Do you just
want to keep the nominees you have got?... I mean, the
appointments you have got?
Mrs. Kennedy: I do, but you might feel differently.
Mayor
Suarez:
Well, who asked
for
this item to be before us?
Mrs.
Kennedy:
Yes, I asked for
it
to be.
Mayor
Suarez:
OK, what do you
want
to do with this board?
Mrs. Kennedy: Well, what do you want to do?
Mr. Plummer: What I was...
Mayor Suarez: I have heard people who want to eliminate the
board? I have heard those who want to replace it. I want to
start over again, I want to redefine its powers.
Mr. Carollo: Can I get something straight on the record? These
guys have nothing to do with the parking meters, right?
Mayor Suarez: No, we will get to them in a little while.
Mr. Plummer: One of the reasons was the fact that Willy Gort had
resigned, which left an opening. Now, that is one in particular
item that we brought before this Commission. I think the rest of
my colleagues expressed a little displeasure based on the fact,
and maybe what we ought to do, Mr. Mayor, is put this item after
56, because that is where the discussion came up as to whether or
not the item was being handled properly by the board.
Mayor Suarez: You mean, the change of name?
Mr. Plummer: No, the areas of concern expressed by Commissioner
Miller Dawkins.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Seven? I'm sorry, 57 then.
Mayor Suarez: Oh, wait, does anyone have any problem with the
name being the Exhibition and Sports Authority as a way to
clarify that that should be the highest priority? It should have
been the highest priority in the first place, from everything I
know about it.
Mr. Plummer: Well, I wish you had been around. I fought that
fight alone.
Mayor Suarez: Do you have any problem with it now being called
the Exhibition and Sports Authority? Do you want to take a vote
_ on that?
Mr. Plummer: Except a change of stationery, what does it
accomplish?
Mayor Suarez: That is it, just symbolic so we know that that is
what it is supposed to be dedicated to, henceforth.
Mr. Odio: May I ask something, Mr. Mayor? It could create some
problems with the contract that we have, and the bonds, because
we went out and signed contracts.
Mayor Suarez:
item 56.
If that is your opinion, then that takes care of
ld 3 Harch 13, 1987
Mr. Odio: No, no, it is not my opinion. I am asking a legal
question here, whether it would cause us legal problems.
Mayor Suarez: Whoever, I don't...
Mr. Carollo: You just got a legal opinion from the former
attorney from South Miami.
Mr. Odio: Do we have a problem with that?
Mrs. Kennedy: Madam City Attorney, do we have a problem?
Mrs. Dougherty: We have a problem with the bond documents. They
all have to be changed. We have so many that are not up...
Mrs. Kennedy: No, that's a hassle.
Mr. Plummer: Sure.
Mayor Suarez: That takes care of item 56.
Mr. Carollo: OK, can we get back down to the business of how
many members we want and who we want?
Mayor Suarez: Madam City Attorney, if we want to all of a
_ sudden, on this board, reconsider the appointment, do we not have
to first decide that we want to do that by a formal vote? In
other words, we can't just all of a sudden decide that their
terms have ended by the appointment process. We have to do it by
taking a vote of this Commission that says we want to reconsider
whether their terms should end right now, or we should reappoint
them, do we not?
Mrs. Dougherty: That's correct.
Mayor Suarez: Well, what does the Commission want to do? Do you
want to...?
Mrs. Kennedy: Well, we disband the board, and correct me if I am
wrong, and then we reappoint them.
Mayor Suarez: We disband the present board, and we maybe end up
appointing the same people, I don't care, but let's do that. Is
that what the Commission wants to do?
Mr. Plummer: OK, let's establish the number first.
Mr. Carollo: Nine.
Mr. Plummer: Nine?
Mrs. Dougherty: We have to have nine unless we want to change
the ordinance.
Mayor Suarez: We have a motion that we...
Mr. Plummer: Oh, OK. So, nine is already there, so there
doesn't need any action to be taken, is that correct?
Mr. Carollo: That is right, nine is the magical number.
Mr. Plummer: All right.
Mr. Dawkins: Then, and everybody will get two except...
Mayor Suarez: Wait, let's establish that we do want to reappoint
the members, whether we appoint the same members or new members.
Do you want to take a vote on that as a motion? Commissioner
Kennedy, is that your motion?
Mrs. Kennedy: I so move, sure.
ld 4 March 13, 1987
0
Mayor Suarez: Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion on that? Call the roll.
The following motion was introduced by Commissioner Kennedy,
who moved its adoption:
MOTION NO. 87-268
A MOTION OF INTENT OF THE CITY COMMISSION TO
APPOINT/REAPPOINT MEMBERS TO THE MIAMI SPORTS
AND EXHIBITION AUTHORITY BOARD WITHOUT
NECESSARILY REAPPOINTING THE SAME
INDIVIDUALS.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
DISCUSSION ON ROLL CALL:
Mr. Carollo: Is this a motion to...
Mayor Suarez: Reappoint the board members, not necessarily the
same ones.
Mr. Carollo: To reappoint the board members, but not necessarily
the same ones.
Mayor Suarez: Now, what is the mechanism that the Commission
proposes to appoint nine members?
Mr. Carollo: Well, I think we could either go about it two
ways - we can go about it the one way described, or another way
that in the past has been traditional, and that is that when you
have a situation like this, that the newest member that came to
the Commission is the one that has to be one.
Mrs. Kennedy: Well, in this case, there are two of us.
Mr. Carollo: Well, no, no, the tie breaker that we have there is
who won by the most plurality. In this particular case,
Commissioner Kennedy had the most votes, if you want to do it
that way.
Mayor Suarez: Do you want to handle this seriously, or do you
want to play games?
Mr. Carollo: Well, I am handling it seriously, Mr. Mayor. Now,
the other way we could do it...
Mayor Suarez: OK, the City of Miami has a lot of important
things to do.
Mr.. Carollo: The other way that we could do it, is that we could
just present the names of people we want and each of us could
write down nine names down, and we could decide from that,
whoever gets the most votes will have nine people.
Mayor Suarez: Well, I'm not going to accept that procedure.
ld
ki
March 13, 1987
Mr. Plummer: Well, may I suggest this to you, and it is the old
fashioned method. We put five pieceL of paper in the cup, and
the one that gets the cup... that gets the one with the "X", is
the one who only gets one appointment.
Mr. Carollo: That is the way that I have always done it.
Mayor Suarez: OK.
Mr. Plummer: Fine with me.
Mrs. Kennedy: Fine with me.
Mayor Suarez: You are talking about one appointment per
Commissioner, and four appointed by four out of the five of us?
Mr. Dawkins: All right, then next time, when the two years is
up...
Mr. Plummer: Yes.
Mr. Dawkins: ... then it goes alphabetically who gets one, or
are you going to reach in the cup again?
Mr. Plummer: Whatever you want, I don't care!
Mr. Dawkins: I don't know, let's find out, but let's establish
it while we are doing it.
Mr. Plummer: What?
Mrs. Kennedy: Bill, you are my second appointment. Keep your
fingers crossed I don't get the "X".
Mr. Plummer: That is what I said.
Mayor Suarez: That is right, you are not the first appointee,
you are the second appointee.
Mr. Plummer: All right, give me a cup.
Mayor Suarez: OK, wait, let's take a vote on that procedure. Is
that in the form of a motion?
Mr. Dawkins: Don't let Joe...
Mr. Plummer: Are you doing it, Joe?
Mr. Dawkins: No, no, no, don't let Joe do it. Joe can feel it.
No, don't let Joe do it.
Mayor Suarez: Wait, we have a motion and a second that we select
nine board members by having each Commissioner make one
nomination for his first appointment and then four out of the
five members of this Commission, selected by lot, do the second
appointments, for a total of nine. Do we have a motion and a
second on that?
Mr. Carollo: There is a motion,
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
Id 6 March 13, 1987
4 0
The following motion was introduced by Commissioner Carollo,
who moved its adoption:
MOTION NO. 87-269
A MOTION OF INTENT THAT EACH CITY COMMISSION
SHALL NOMINATE ONE INDIVIDUAL FOR A TOTAL OF
FIVE MEMBERS AND THAT FOUR OUT OF FIVE CITY
COMMISSIONERS SHALL NOMINATE A SECOND
j INDIVIDUAL FOR MEMBERSHIP ON THE MIAMI SPORTS
AND EXHIBITION AUTHORITY BOARD.
i
Upon being seconded by Commissioner Kennedy, the motion was
passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THEREUPON, THE CITY COMMISSION PROCEEDS TO DRAW LOTS of
PREVIOUSLY OUTLINED BY COMMISIONER PLUMMER .
Mr. Plummer: I'm clean.
Mr. Carollo: Who has got it? I'm clean.
Mrs. Kennedy: Clean.
Mr. Plummer: Who got the "X"?
Mr. Carollo: Who got the "X"?
Mr. Plummer: X must have got the "X"!
Mayor Suarez: This leads me to believe that there is all kinds
of hanky-panky around here!
Mr. Plummer: You should have let me do the cup, I'm telling you!
(LAUGHTER)
Mayor Suarez: We are not doing this right! We have a
established a procedure. Now, Madam City Clerk, how do you
suggest that we...?
Mr. Carollo: OK, we all get two except the Mayor. Can we
proceed?
Mayor Suarez: How a you suggest that we take a vote on.... I
mean, that we do dra.i lots on...?
Mr. Carollo: We just did!
Mayor Suarez: No, no, no.
Mr. Carollo: What do you mean, no?
Mayor Suarez: I'm sorry.
Mr. Carollo: We just drew lots. Now...
Ms. Hirai: Mr. Mayor, I am afraid that has always been decided
by the Commission... the method that they want to use.
Mayor Suarez: OK, I...
ld 7 March 13, 1987
0
Mr. Carollo: We just drew lots. Now, he didn't win, so he
doesn't want to play. He wants to have a new gamel
Mayor Suarez: No, no, I want the City Clerk to handle the
tallies of the vote on that. He drew it with an "X" on the...?
Mr. Plummer: Again, here is my ballotl (LAUGHTER)
Mayor Suarez:... piece of paper?
Ms. Hirai: It has been done.
Mayor Suarez: And they can look in the cup, as Commissioner
Carollo did?
Mr. Carollo: Yes, that is the way we have always done it. You
got the "X"i Well, you always wanted the "X", you got the "X"
nowt OK, we proceed in naming the nominees.
Mayor Suarez: No, no, what is the usual procedure for
selecting...
Ms. Hirai: There has not only been the one method, Mr. Mayor. It
has been done this way...
Mayor Suarez: OK, will the City Clerk put five pieces of paper
in the cup and do it that way then, please?
Ms. Hirai: Yes, sir.
Mr. Plummer: Wait, whoa!
Mr. Carollo: Wait, wait, wait!
Mayor Suarez: No, I can't accept... I can't accept...
M . Carollo: Just because you didn't win, we are going to do it
at.tn? No, nol
Mayor Suarez: Let's not play games.
Mr. Carollo: In other words, the next time we do it, one of us
gets it, we are not happy, why not do it again?
Mayor Suarez: Look, if it will get this Commission moving
forward, I don't care. Will the Commissioners give me their
nominations? I will accept that.
Mr. Plummer: I will do my first nomination - Mr. Gene Marks.
Mr. Carollo: My first nomination will be Mr. Skip Shepard.
Mrs. Kennedy: My first nomination is Eli Feinberg.
Mayor Suarez: Commissioner Dawkins?
Mr. Dawkins: Frankie Rolle.
Mayor Suarez: Bob Allen. Second nominations?
Mrs. Kennedy: Second nomination - Bill Bayer.
Mr. Carollo: My second nomination is Raul Masvidal.
Mr. Plummer: My second nomination is George Knox.
Mr. Dawkins: I am going to flip with the Mayor so we can figure
a way to make this fair...
Mr. Plummer: I will nominate Monty Trainer.
Mr. Dawkins: Monty Trainer don't live here no more. He moved.
ld 8 March 13, 1987
Mrs. Kennedy: No, he didn't. He is up the river.
Mr. Plummer: He is up the river!
Mayor Suarez: Commissioner Dawkins and I share the nomination of
George Knox.
Mr. Plummer: That's it.
Mayor Suarez: OK, take a vote on the nominations.
Mr. Carollo: Well, which is your nomination?
Mayor Suarez: Bob Allen, an attorney.
Mr. Carollo: OK. All right. Move.
Mayor Suarez: That is all right. If you guys want to play
games, as long as we got this resolved, I don't care. OK, we
have the motion and nominations, call the roll. We have a motion
and a second.
The following motion was introduced by Commissioner Carollo,
who moved its adoption:
MOTION NO. 87-270
A MOTION APPOINTING/REAPPOINTING THE HEREINBELOW LISTED
INDIVIDUALS AS MEMBERS TO THE MIAMI SPORT AND EXHIBITION
AUTHORITY BOARD:
(1) ELI FEINBERG (nominated by Commissioner Kennedy)
(2) WILLIAM BAYER (nominated by Commissioner Kennedy)
(1) EUGENE MARKS (nominated by Vice -Mayor Plummer)
(2) MONTY TRAINER (nominated by Vice -Mayor Plummer)
(1) J. J. SHEPARD (nominated by Commissioner Carollo)
(2) RAUL MASVIDAL (nominated by Commissioncer Carollo)
(1) FRANKIE ROLLE (nominated by Commissioner Dawkins)
(2) GEORGE KNOX (nominated by Commissioner Dawkins)
(Mayor Suarez shared above nomination with
Commissioner Dawkins)
(1) ROBERT ALLEN JR. (nominated by Mayor Suarez)
Upon being seconded by Commissioner Dawkins, the motion was
passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Anything on the duties of the Authority or any
other discussion on... what terms, are we talking about everybody
with two year terms?
Mr. Dawkins: Yes.
Mr. Plummer: Whatever it is!
Mayor Suarez: We have to amend the ordinance for that, Chris?
Mr. Plummer: I still would like to proffer the staggered terms,
whether it is two and one, or three and two, or however you want.
Mr. Dawkins: Two and one. Two and one.
ld 9 March 13, 1907
Mr. Plummer: OK.
Mayor Suarez: Yes, no longer than two years, at least, if you
are going to staggered terms.
Mr. Plummer: OK.
Mr. Dawkins: I move two and one.
Mr. Plummer: My term year term will be Mr. Marks. My one year
term will be Mr. Trainer.
Mrs. Dougherty: Mr. Mayor, we will bring back an ordinance on
the 31st.
Mr. Plummer: We can indicate it right now so they will know.
Mrs. Dougherty: OK, we will formalize it on the 31st.
Mr. Odio: I needed to pick a chairman today.
Mr. Plummer: We pick the chairman?
Mr. Odio: Yes.
Mr. Plummer: I will move the name of Mr. Gene Marks.
Mr. Carollo: I second that nomination.
Mr. Plummer: Let me go on the record as to why.
Mr. Dawkins: He is not fair, he is biased, he is a thief, I
don't know why you all want him!
Mr. Plummer: That's why you are going to vote for him. Mr.
Mayor, I nominate Mr. Marks for the simple reason that the most
important facet that is going through this term right now, is the
construction. Mr. Marks is a very successful construction man in
this community. He knows the industry well, he knows the people
well, and I think that it is very important that we have somebody
in that capacity serving as chairman and that is why I move the
name of Mr. Gene Marks.
Mayor Suarez: So moved and seconded. Any discussion? Call the
roll on the chairman.
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 87-271
A MOTION APPOINTING MR. EUGENE MARKS AS
CHAIRMAN OF THE CITY OF MIAMI SPORTS AND
EXHIBITION AUTHORITY BOARD.
Upon being seconded by Commissioner Carollo, the motion was
passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer:
Yes.
Shows you how much I dislike Gene Marks, I vote
Id 10 March 13, 1987
Mr. Dawkins: Although he is a dictator, I vote ye:-%
Mayor Suarez: Are you going to come back to us with an ordinance
on the terms?
Mrs. Kennedy: Are we going to... has everybody said theirs? I
haven't.
Mr. Plummer: Set who you want for two years...
Mrs. Kennedy: My two year term...
Mayor Suarez: Well, no, we don't know how that is going to... it
is not going to be... how many are going to have two year terms,
how many one terms. You have to specify that in the ordinance,
right?
Mr. Plummer: Yes.
Mrs. Dougherty: We are going to have three, three, and three.
There are three members. There are nine members, so that would
be three, three, and three.
Mr. Carollo: Do you want to draw the "X" again?
Mrs. Kennedy: My two year...
Mayor Suarez% What do you mean, three, three, and three? All
right, if you have a three year term, I...
Mr. Plummer: No, will the five get two year terms, or will the
four get two year terms, as I guess what is being said.
Mayor Suarez: Right.
Mr. Plummer: Why don't you make the five the four year terms?
Mr. Dawkins: No, no, four years? I thought we said two and one.
How did we get back to...
Mayor Suarez: No, five members will have a two year term...
Mr. Plummer: Five members for two years, and the four members
for one year, OK?
Mayor Suarez: Do you want to make that in the form of a motion
too, or does that have to be an ordinance?
Mrs. Dougherty: Yes, I will bring it back on the 31st.
Mayor Suarez: OK, and figure out a selection process for how the
nine members are determined, who will get the five years and the
four years.
Mrs. Kennedy: OK, my two year is Mr. Feinberg, my one year is
Mr. Bayer.
Mayor Suarez: We haven't figured that out. She has to bring
that back in the form of an ordinance.
53. A. BID AWARDS IN CONNECTION WITH MIAMI ARENA PROJECT.
B. DISCUSSION CONCERNING MINORITY PARTICIPATION IN THE BID
AWARD PROCESS.
Id 11 March 13, 1987
Mayor Suarez: OK, item 57 is very relevant to that, the Sports `
Arena dispute.
Mr. Odio: By the way, Mr. Mayor and Commissioners, you
instructed me to meet with that union. We set up a meeting with
li them and I had all staff people and people from the Sports
Authority here and we never got a call to cancel the meeting, so
I wanted you to know that we could not comply with your request
to meet with them, because they did not keep their appointment.
Mr. Gus Figueroa: Commissioners, Mayor, addressing with the
Commission of the body City Manager Cesar Odio, what appointment
are we referring to?
Mr. Odio: The meeting that I set up with you for two days ago at
3:00 o'clock in the afternoon, which your office said that you
would be here.
Mr. Figueroa: As far as I recall, and as my record reflects,
there had been no messages left in my office, there has been no
appointment that was agreed upon. As far as meeting with the
City Manager, I have met with the City of Miami Sports and
Exhibition Authority yesterday afternoon at their request, and in
regards to making the appointment, the day after the Commission
adjourned with that particular item, we approached the City
Manager and made a request that when would be an available date
to make an appointment, he basically referred us to contact Mr.
John Blaisdell, who sits with the Miami Sports Authority, and
basically make arrangements with him, and that's what was done,
and there was no particular date arranged at that particular
time.
Mr. John Blaisdell: Mayor and Commissioners, subsequent to the
last Commission meeting, Mr. Figueroa suggested that the City
Manager and the Administration meet, along with us, to discuss
some of the allegations that they had proffered at the last
meeting. My office set up a meeting, and it was scheduled for
the 11th, Wednesday, at 3:00 o'clock in the Manager's office.
Mr. Odio: What I'd like to do, if you would, we have some
recommendations, but maybe, that we should still meet with them
and try to do something, or just go on with the discussion today.
Mr. Plummer: Well, I could...
Mayor Suarez: Were you supposed to have dropped off last night,
at our respective homes, the report, John?... because I didn't
get it.
Mr. Plummer: I didn't get it either, and I kept being told that
I was going to get a report.
Mr. Dawkins: You should live in the ghetto, I got minel
Mayor Suarez: Yes.
Mr. Blaisdell: Last night, apparently the courier, we don't know
what happened, but two or three of the Commissioners did not
receive it. We apologize for that.
Mr. Dawkins: Why is it...
Mr. Plummer: What are we about doing if we don't have a report
to go on?
Mayor Suarez: And also, they haven't had a chance to look at it
and respond to it.
Mrs. Kennedy: Yes, and that was my contention, John, earlier, I
received mine close to 12:00 o'clock at night. I didn't,
obviously, read it at that time.
ld 12 March 13, 1987
Mr. Blaisdell: We are prepared to take you through each one, or
if you desire, you may want to read it, but we would like to get
this discussed.
Mr. Dawkins: But, we would like too, but it is not our fault
that you did not get it to us until yesterday, OK? Now, it is
not my fault that you did not get enough manpower, whatever the
hell you needed, in order to complete it, to get it to us so we
could have reviewed it, OK? So now, I have to go along with my
fellow Commissioners, as much as I want to settle this...
Mr. Plummer: Well, I...
Mr. Dawkins: ... I cannot expect them to take this and digest it
and be able to discuss it intelligently.
Mr. Plummer: I move that this item be deferred to the 31st of
March, and so that there is no misunderstanding, before these
people leave, Mr. Manager, would you call your scheduling clerk
and give me a date and a time for the meeting in your office. I
want to put that in the resolution so there will be no question
as to whether or not the time was received.
Mr. Dawkins: And when you come back, the thing that is missing
from here is, what are you going to do to increase minority
involvement on the jobs, OK? I know we have discussed it
verbally, I know what we are doing, but it is not here.
Mr. Blaisdell: We will include that as well, Commissioner. We
have one area that we would like to discuss with you if possible,
which is at the previous Commission meeting, the Commission
instructed the Manager and asked us to try and hold back the
award of certain subcontracts until these issues were resolved,
and the job is currently facing a... we are reaching a point
where we need to issue additional subcontracts and enter into
those agreements in order for the job to go forward.
Mr. Dawkins: You know, well that is fine. I have no problem
with that, but you know damn well that if you don't award them
you can't build the arena, and you know I am not going build an
arena if you don't award the contracts, so you have got the
chicken and the egg! I mean, you know that I am not going to
move until you have done this. Now, how long have you been doing
this with me? I mean, give me the number of weeks.
Mr. Blaisdell: Many weeks, sir.
Mr. Dawkins: Many weeks! Now, you come back here and you have
been telling me the same thing. We are jeopardizing the
completion of the arena and I keep saying, "OK, fine, where is
the minority involvement?" We have got letters of intent you
have sent out. You have not signed them, OK?... and then you
tell me again, I mean you come here today, instead of coming to
me and saying, "Commissioner Dawkins, we got A,B,C, & D, we could
not do business with F,G, & H, and this is as far as we can go,
and when they are signed and ready to go..." I could understand
that.
Mr. Blaisdell: We can do that today, Commissioner.
Mr. Dawkins: Well, why in hell haven't you done it?
Mr. Odio: They are ready to do it today, Commissioner.
Mr. Dawkins: Ready to do it isn't worth a damn! OK?
Mrs. Kennedy: Somebody has to be ultimately responsible.
Mr. Dawkins: I mean, it is just ridiculous, you just keep coming
up here, and you have got these people sitting out here, willing
to build an arena. We are waiting for people to give us a
franchise, and you guys keep jerking around, back and forth,
Id 13 March 13, 1987
telling me about you can't do this because! I mean, you knew
!; this had to be done, why you guys didn't come out with a sign?
Now, you tell me, "We can do it." Well, why didn't you do it?
Mr. Blaisdell: We forwarded a letter the Commission summarizing
the minority participation and we are prepared here today...
Mr. Dawkins: Wait a minute, we don't need to go through that,
OK? Why haven't you signed the letters of intent with the
minority people that you were going to assign to bring up the
minority piece, as of today? Now, how long ago were the letters
of intent mailed?
Mr. Blaisdell: Four to five weeks. Since that time, many
subcontracts had been tendered. The process for the tendering of
subcontracts, those being reviewed by the subcontractor and
returned to the general contractor for review and final award, is
a time consuming process.
Mr. Dawkins: Well, all right now, if it is time consuming, why
do you want to put the monkey on my back that I am the one
holding up the arena? It is the time consuming process that you
got that is holding it up!
Mr. Blaisdell: No, Commissioner. It was our understanding that
at the last Commission meeting, because of the sensitivity, this
Commission decided, that elected that it wanted for future
subcontracts, it wanted the City Manager and the Commission to be
aware of those award, and what we are suggesting is that we need
to proceed forward, we thought that, although this report would
try to resolve these issues, what we are trying to do today is to
try to get from you the authorization to proceed forward as we
deem it appropriate in order to meet our project budget, and our
project schedule.
Mr. Dawkins: OK, let me ask you a question now, OK? The problem
areas in this report deal with the plumbing, am I correct?
Mr. Blaisdell: That's correct.
Mr. Dawkins: ... the structural steel, is that correct?
Mr. Blaisdell: Yes, sir.
Mr. Dawkins: ...and what is the other area in here?
Mr. Blaisdell: There were certain allegations by the carpenters.
Mr. Dawkins: The carpenter's union, OK? Now, the letters of
intent that you have tendered, whatever disposition we take on
those, will that in any way alter this?
Mr. Blaisdell: No.
Mr. Dawkins: So, what is our problem?
Mr. Blaisdell: Maybe you misunderstand me, Commissioner.
Mr. Dawkins: I really am. I amt
Mr. Blaisdell: I apologize. Maybe I am not explaining it
correctly. I am not concerned... we would like to solve the
issues outlined in the memorandum today. We feel that they are
critical, and we would like to solve them and put them behind us,
OK? On other issues and other subcontracts, not related to this
memorandum, we were under the impression that the Commission
wanted to be constantly advised, through the Manager, how that
process was going. What we are suggesting is, you have elected
to defer these three issues. We accept that, if that is your
decision. What we are suggesting is that we be allowed to
proceed on all other contracts.
i Id 14 March 13, 1987
Mr. Dawkins: Well, why haven't you proceeded? Why haven't you
come here today with that process to proceed?
Mr. Blaisdell: We are ready to recommend the firms that...
Mr. Dawkins: But, you are ready to recommend, is Linbeck ready
to sign.
Mr. Blaisdell: Upon signature of the subcontractors of the
subcontract, yes.
Mr. Odio: From what I understand, Commissioner, please... what
they are saying is, on the plumbing question, I believe they are
recommending Falcon; on the steel structure, they are
recommending a split of the work and...
Mr. Blaisdell: That's correct.
Mr. Dawkins: Yes, but, OK, I am interested, Mr. Manager, in the
landscaping, the irrigation, and all the other things that you
told me that you were going to bring back here signed, to bring
up the minority participation. You don't have it!
Mr. Odio: You don't have that?
Mr. Blaisdell: Bid pack four, which is... includes those
items...
Mr. Dawkins: What is Linda trying to say? Let Linda say
something if it is wrong.
Ms. Linda Kelly: Commissioner, those items are a part of bid
pack four, which have not been published as yet.
Mr. Dawkins: So we are not holding up the arena!
Ms. Kelly: We are not holding up that aspect of it because those
items have not been published.
Mr. Dawkins: No, no, wait, don't be the lawyer on me now. Be
like... you know, come on! Now, either we are holding up the
arena, or we are not. Now, that is what John said, now.
Mr. Blaisdell: No, Commissioner, there were certain sub...
Mr. Dawkins: All right, let Chris get it. Come on, Chris, do
you have something to say?
Mr. Blaisdell: There were certain subcontracts, OK, and certain
awards for subcontracts in bid packs one, two and three.
Mr. Dawkins: Right.
Mr. Blaisdell: OK? Not to do with bid pack four.
Mr. Dawkins: Right.
Mr. Blaisdell: We were under the impression, that the
Commission, as it relates to those awards, wanted us to hold back
until a final determination was made on the minority
participation.
Mr. Odio: Commissioner, please, let me ask you a question. If we
don't award this to Falcon, Johnson and the other company that
you proposed, are we going to hold up the arena?
Mr. Plummer: If this is going to be deferred, why are we going
through all of this?
Mr. Dawkins: Because I want him to be sure to have it all back
next time, J.L., that's all.
ld 15 March 13, 1987
Mr. Blaisdell: Falcon is already on the job working and they
have been determined...
Mr. Odio: so it will not hold up the arena.
Mr. Blaisdell: It is just the steel structure...
Mr. Odio: Johnson, and the other company, what is the other
company that you proposed on the steel?
Mr. Blaisdell: Helena... let me give you an example.
Mr. Odio: Commissioner, defer this item, because you will not
hold, up the construction of the arena and we will bring back
whatever you are requesting on March 31st.
Mr. Dawkins: Yes, but see... that is fine, but when you come
back next time, I want to get it all done, Mr. Manager, that is
all I am saying!
Mr. Odio: Yes, OK, we will do it.
Mr. Dawkins: All I am saying is that all these things, for eight
weeks, that we have been discussing, and that Gene Marks promised
me... that's why I didn't want to vote for him for the
chairman... that would be done, they are not done.
Mr. Odio: OK, we will clear it up as soon as we get the bid
package out, and we prepare bid package 4.
Mr. Dawkins: OK, but... yes, sir, Mr. Chairman.
Mr. Eugene Marks: The process of this, Mr. Dawkins, is this. If
they submit to us the low bid, that was supposed...
Mr. Dawkins: No, no, let's don't go into that now. Let's not go
into that low bid now, because I've got three ...
Mr. Marks: The low number. The low number, I will put it that
way... the low number. The agree.aent in the contract is this,
that Mr. Blaisdell and myself are the only ones that have a right
to approve. This is by the Authority, to approve a subcontract.
I have refused to take these letters, just for the number on it,
until the time that I see what the bottom line number is, the
f inal number in the scope of work. I will not approve and say,
give it to Joe for $800,000 if I do not know what scope of work
that is going to cover. There has been a delay in getting the
subcontracts to me for review. I spent five hours yesterday
reviewing some, out of about ten, I approved four, and they were
very minor on material deliveries, such as fire doors and things
like that. These documents have not been submitted to us by the
contract that we have with the developer. Until I know,
representing the City and Authority, of what the final number is,
and what their scope of work is, I will not assign just a name
and say, "Go do it," because you are liable to come in later on
and say: "You left something out, we need more money." That is
the process, Mr. Dawkins.
Mr. Dawkins: Madam City Attorney, will you see that someone in
your office monitors what we are doing, so that in the next
R. F. P. 's that we put out, I do not have to go through this, and
that every developer who comes in here, names his subs prior to
the award of the contract, and that we be ready to go when we
award the contract.
Mrs. Dougherty: Commissioner Dawkins, I feel sure that we could
write such a bid. I don't know if it can be complied with. I
don't know from the industry whether or not that is something
that is possible.
Mr. Dawkins: Well, you see, there is a high rate of
unemployment, and where one guy may not want to come in under
ld 16 March 13, 1987
those terms, you are going to find many of them who will. If
not, then it is time for us to go into business of teaching
construction, and preparing our own people to build our own
stuff. OK, that is the end of discussion, go ahead.
Mr. Plummer: Well, my motion is still on the floor, this item be
deferred until March 31st. The date certain to all of the union
people and to everyone concerned, in the Manager's office, this
coming Monday at 9:00 A.M. Let there be no mistake about that.
Mr. Dawkins: And we are under no... OK.
Mr. Odio: For the record, Commissioner Dawkins, I am told that
bid package four can be ready in no less than 60 days, according
to the developer. That is bid package four.
Mr. Dawkins: OK, well, by bid package four - how many bid
packages did they have, John?
Mr. Blaisdell: So far, three.
Mr. Dawkins: No, no, how many total do you have?
Mr. Blaisdell: Five.
Mr. Dawkins: Five, right?
Mr. Blaisdell: Five, I think.
Mr. Odio: Five.
Mr. Dawkins: So now, bid package one, two, and three is ready.
Mr. Blaisdell: That is correct.
Mr. Dawkins: OK, now, how are you going to get the 17 percent
Black, 17 percent Hispanic, and the 17 percent women into bid
package one, two and three?
Mr. Blaisdell: The current participation level on bid pack one,
two and three was summarized in the letter that we sent to the
Commission. Now, bid package four...
Mr. Dawkins: See, you are being a lawyer on me. I am going to
ask my question again, OK? Don't tell me what I have, tell me
what I asked you. How can we bring bid packages one, two and
three up to the 17 percent minority Black, women, and Hispanic?
Mr. Blaisdell: There is no way you can do that, Commissioner.
Mr. Dawkins: All right now, so, I want you to understand, I
don't want to know nothing about bid package four, or bid package
five, until you have shown this Commission that you made your
best effort. You may not make it, OK? I don't know, I mean, but
at least show me a good effort, where you have demonstrated
trying to do it. Now, I am going to tell you this, I want them
to put it in the newspaper, and I want everybody to know it when you come up with bid packages four and five, don't tell me I
am stopping the arena. I am not stopping the arena. You are
stopping it because you have not met the bids, OK?
Mr. Blaisdell: Commissioner...
Mrs. Kennedy: We do have an ordinance after all, and you have to
comply.
Mr. Dawkins: Go ahead, John.
Mr. Blaisdell: We just want to make... we are not concerned
about bid pack four and five, we will bring that back to you. We
will bring that back.
Id 17 March 13, 1987
4V
Mr. Dawkins: But I am! But I am.
Mr. Blaisdell: What we are suggesting, Commissioner, is we would
like for the Commission to resolve that those subcontracts that
have not been awarded in bid packs one, two, and three, OK, that
the Commission allow us to award those. If you can make that
motion, we will be satisfied, we will come back to you with bid
pack four and five.
Mr. Dawkins: OK, all right, I will make the motion if you
guarantee me that you are going to meet the minority
participation.
Mr. Blaisdell: We cannot guarantee that, sir.
Mr. Dawkins: All right then, but now, you want me to go and let
you go ahead and say, "Well, you know, you told me to go ahead,"
What do you want from me? See, and this is the part I am talking
about, John. You guys have known from day one that this was my
pet peeve. This didn't slip up on you, I have been saying it ever
since we have been here. The Mayor has been concerned, Rosario,
J.L., Carollo... we are all concerned that in this area where we
took the land and told the people, we are going to see that you
benefit from it, they are not benefiting! And that is not
Linbeck's responsibility, that is ours. This is our City, it is
not Decoma's responsibility, it is ours, and we are the ones who
are dragging our feet by not dictating to Linbeck and Decoma what
the hell they got to dol
Mr. Plummer: I call the question on the motion.
UNIDENTIFIED SPEAKER: Excuse me, Commissioner...
Mr. Plummer: Excuse me. I call the question on the motion.
Mayor Suarez: We have a motion and a second. Are you going to
ask for clarification?
Ms. Kathleen Phillips: Yes, I would like to.
Mayor Suarez: Who do you represent?
Ms. Phillips: I am on agenda number 57, representing Mr.
Benjamin, who is one of the items, which are part of your
recommendations some of you Commissioners got and some did not,
and we only got last night at 9:00 o'clock, and we are very
concerned about that particular recommendation, which is part of
bid package two, which you are about to vote on.
Mayor Suarez: No, we are not voting on bid package two. We are
voting to defer further consideration of this item until the next
Commission meeting.
Ms. Phillips: I thought I understood the motion was to award the
bids on one, two and three bid packages and this is a bid package
two item.
Mayor Suarez: No, no.
Ms. Phillips: OK.
Mr. Plummer: I call the question.
Mayor Suarez: Call the roll.
THEREUPON, ON MOTION DULY MADE BY COMMISSIONER
PLUMMER AND SECONDED BY COMMISSIONER DAWKINS, THE
CITY COMMISSION DEFERRED CONSIDERATION OF THE
ABOVE ITEM TO THE MEETING OF MARCH 31, 1987. SAID
MOTION WAS NUMBERED 87-372 AND WAS PASSED BY THE
FOLLOWING VOTE:
ld
18
March 13, 1987
V
9
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J.L. Plummer, Jr.
NOES: None
ABSENT: None
(LATER RESCINDED BY MOTION 87-273)
3
Mr. Plummer: See you on the 31st.
Mayor Suarez: Proceed with the discussions and make sure
everybody has all the documentation in front of them. These
exhibits, by the way, John, I think refer to the people
interviewed, for example, exhibit B and exhibit C, and...
Mr. Dawkins: John, what else is to be awarded?
Mr. Figueroa: Mayor Suarez.
Mayor Suarez: Yes.
Mr. Figueroa: Excuse me, there was a date that was basically
tentatively set right now for next Monday at 9:00 a.m. I
personally have a conflict with that particular date.
Mayor Suarez: Well, send somebody else, we can't, you know, when
we are on short notice like this, trying to resolve this, you
know, we can't necessarily have everybody present. You have
plenty of people in the organization, I am sure they can be
there.
Mr. Dawkins: John...
Mr. Figueroa: OK, very well, for the City Clerk's attention, my
name is Gus Figueroa, the Florida State Council of Carpenters is
who I represent, also, for a matter of straightening out the
record, in regards to the meeting date that was mentioned
earlier, that was telephoned into my office...
Mayor Suarez: It doesn't matter at this point.
Mr. Figueroa: It does matter to me, sir, because the accusation
was made that I confirmed an appointment. There was never no
confirmation of that appointment, or no record of that
appointment, and if there is in the future any dates to be made
in regards to --creating dates, I would appreciate a written
confirmation.
Mayor Suarez: We can't do that when we have such short times.
We just gave you a time for Monday morning at 9:00 a.m. I just
want to say on this, wait a minute, John... I just want to say on
these tabulations, that these reflect people interviewed and not
people actually hired, they are not going to be much use to us.
Mr. Blaisdell: The exhibit "A" represents the total labor on
site right now for Linbeck, exhibit "B" represents the labor that
we interviewed for Xavier on a random basis. Exhibit "C"... I am
sorry, exhibit "B" represents the total, and exhibit "C"
represents the random interviews.
Mayor Suarez: So that the people are actually working, right?
Mr. Blaisdell: That's correct.
Mayor Suarez: "B"... OK, "C"... your terminology is confusing.
OK.
ld 19 March 13, 1987
Op
Mr. Dawkins: John, what other contracts have to be signed in
order to go forward with the arena, other than these three that
are listed. I mean, the contract has already been signed with
Xavier, is that right? They are working.
Mr. Blaisdell: No, they are working under a letter of intent.
Mr. Dawkins: They are working, all right, they are working. All
right, is the lady... is the plumbing people working?
Mr. Blaisdell: Yes, sir.
Mr. Dawkins: And the carpenters... the steel erection people
working?
Mr. Blaisdell: Not yet, sir.
Mr. Dawkins: OK, so, what other contracts you got that has to be
signed so that you can be on schedule with this Arena, because
those two that we got in here, regardless of what you do, people
are working, right?
Mr. Blaisdell: Excuse me?
Mr. Dawkins: Regardless of what we do with the plumbing and the
carpenters, the people are working on the job, is that correct?
Mr. Blaisdell: That's correct, but on the structural steel
erection, the schedule requires the mobilization of this
structural steel erector in the few weeks that they are on site
on time, when they are supposed to be there, maybe in about four
or five weeks.
Mr. Dawkins: What else is needed, other than the steel erect...
Mr. Blaisdell: Precast direction, which is an award. I don't
have the list right now, we could go to compile one and come
right back to you and give you those in a half hour.
Mr. Marks: Mr. Dawkins, I could give you pretty close to that
list. Right now, if we could, I don't know what you have heard,
I had to go outside for a minute. The plumbers are working under
a letter of intent. The form work I have not got either one of
the contracts for final formalization of the price in their scope
of work. They are working. The structural steel, as John said,
will be coming in. We have got electrical that is working there.
I just got that two days ago, the contract, so it can be analyzed
to make sure that all their scope and the price that was
submitted was according to the letter of intent that was written
to us. At this time, they are pouring the concourse, the lower
level concourse, and in that area, pouring the concrete, they
have to put in certain sleeves for mechanical and for plumbing,
so as the building goes up and there is supposed to be another
pour made Tuesday. The delay on... if we could just stick with
the issue of these two items that were presented today, and get
these resolved, Mr. Dawkins, we can continue the operation,
because I have been told today that we are going to sit and have
a meeting and get these other contracts approved, but that is
where we stand right now. Those two trades should be... the one
trade, the plumbers, with the report, if they could be resolved,
and you asked Ms. Kelly and Mr. Blaisdell to check into this, and
I had nothing to do with this report, and you have the report in
front of you, if this is the feeling of the Commission to award
that, then we can continue with it.
Mr. Plummer: Well, let's set the record straight. This
Commission is not going to award any contract. That is going to
be done by the Sports Authority, because we don't have any
authority to do it. The only thing that we are getting involved
in is to make sure that in fact the minority participation is
complied with, number one, and number two, certain allegations
which have been brought to this Commission, and that we will look
Id 20 March 13, 1987
Of I
into, but you know, I don't want anybody to lose sight of the
fact that we are not awarding any of bids, none!
Mr. Marks: Yes, on the plumbing issue, both firms that you have
the letters on there, are both minority contractors.
i
Mr. Plummer: Excuse me, Mr. Marks. When I went to the bathroom,
this matter was deferred.
Mr. Marks: Oh, it is... it is...
Mr. Plummer: Now, what are we discussing, now?
Mayor Suarez: All I was saying, are you implying that there
could be a hold up in the work in the next couple of weeks
because of this motion to defer?
Mr. Plummer: Well, say it like it is.
Mr. Marks: Yes, there will be... they are putting the sleeve in.
Mayor Suarez: OK, why, specifically. What will be held up?
Mr. Marks: Because, in two weeks they will have at least two
more of the lower concourse level deck poured, and while that is
being poured, ...... and sleeves have to go into the slab for
the extension of through the utilities in the stem walls.
Mr. Dawkins: OK, Madam City Attorney, I want you to prepare to
go to arbitration on the plumbing, OK? We agreed, you know, like
I keep telling you, I don't plan to stop construction on the
arena, and I am not going to sit up here and try to figure out
who is right and wrong or what, but prepare to go to arbitration
on the plumbing deal.
Mr. Marks: Sir, are you saying to agree with the findings of Ms.
Kelly and Mr. Blaisdell?
Mayor Suarez: No, no, I am just asking the City Attorney to
prepare something. No, nothing else is being planned.
Mrs. Dougherty: You don't go to arbitration on the particular
i issue. You go to arbitration on the general question of whether
or not they used good faith efforts in complying with our
procurement ordinance.
Mr. Dawkins: Whatever you have to go to arbitration on legally,
that is what I would ask you to do.
i
Mrs. Dougherty: Are you suggesting, then, that we are to award
the contract to Falcon?
Mr. Dawkins: They are already... I mean, they have got the
people working. If they pull them off, somebody... if you pull
them off, they are going to court.
Mrs. Kennedy: Wait a second. Wasn't Falcon the lowest, most
responsive bid?
Mr. Marks: That was the finding of Ms. Kelly and Mr. Blaisdell.
They went to Houston, they came down here and did an
investigation and wrote the report.
Mrs. Kennedy: Mr. Mayor...
Mr. Dawkins: No, this has been deferred already, I mean, we
came...
Mrs. Kennedy: Yes, I don't know why we are talking either.
Mr. Marks: If it has been deferred, then I have nothing more to
say about it.
ld 21 March 13, 1987
2 9
Mayor Suarez: OK, he has implied that some of the work will be
held up if we defer the item and don't give more specific
instructions than that.
Mrs. Kennedy: Mr. Mayor, yes, I am concerned about that. Should
we perhaps have an emergency meeting before the next Commission?
Mr. Dawkins: I have no problem. Well, I will be in Rome, you
guys can have it without me.
Mrs. Kennedy: It could be a problem!
Mayor Suarez: From your perspective, John, do you see that
technically...?
Mr. Dawkins: Dean, you are looking kind of worried, what is your
problem?
Mr. Dean Patrinely: Dean Patrinely, with Decoma Venture. I
would suggest to you that due to the complexity of the issue,
that it is clear to us, that we are not going to resolve it in
any kind of finite form before the City Commission, or before the
Authority in this manner, and I am very concerned about the
disruptive nature that this type of discussion on subcontracts
and timing has on the execution of the work which is under way -
that we suggest to you that it is that sensitive and something we
need to get to immediately, that we do think about shutting the
job down and incurring whatever costs you think about that will
resolve it. It is very hard for us to work under the atmosphere
that we are... there is so much uncertainty, we are about 20
percent finished with the job. That worries me tremendously,
just a thought.
Mr. Plummer: Well...
Mayor Suarez:
Marks that you
uncertainty, but
construction.
But, technically, are you in agreement with Mr.
could have actual delays, not just because of
because of problems with the next phase of the
Mr. Patrinely: Yes, we have been working closely with Mr. Marks,
we agree with him wholeheartedly that a couple of the items that
you were to consider today are of paramount importance, because
they had been delayed for some time, due to the issues in
questions we have all been asking and answering.
Mr. Carollo: Well, are you saying that you want the job to stop?
Mr. Patrinely: We are saying that if the complexity of this issue
cannot be resolved in a very timely fashion, it is probably best
for your sake and ours to stop the job, because it is hard to
execute with subcontractors, thinking they have something and
don't have something.
Mr. Carollo: We certainly don't want the job to stop, because
what is going to happen is, we are open up ourselves wide open to
be sued later on by your firm, or others. I will tell you how I
feel. You know I have been one of the key members of this
Commission pushing for minorities to be hired, including American
Indians, but I will tell you this, this is more important for the
City than anything else that we are doing right now, and we need
this to be built...
Mr. Dawkins: I don't know Joe, you know, if you build it and
they burn it down, it ain't worth a damn.
Mr. Carollo: Well, it is not going to be burned down, Joe.
Mr. Dawkins: OK, yes, it might, it just might be! It just might
be now, all right.
ld 22 March 13, 1987
Mr. Carollo: No, it is not going to be burned down.
Mr. Dawkins: All right, it just might be.
Mr. Carollo: I think we have to... I think we... _
Mr. Dawkins: See, these are the things that we... you know, this
is why we got a problem here tonight with the Fire Department.
Nobody seems to understand that that individual who is called
Black has got needs, aspirations and hopes, and when you promise
them things and don't deliver it, and then when he rebels, they
say he is wrong. OK, now Joe, this land was taken from Black
people over there, all right? They said they were going to build
an Arena and that Black people will profit from it, OK? So now,
we are saying to hell with you, we are going to go forward with
this, and come hell or high water, and it is just not right, Joe.
Mr. Carollo: OK, can I have a few minutes, now.
Mrs. Kennedy: Now now, boys!
Mr. Carollo: Number one, Miller... girls, if you want to get
into it, you are welcome!
Mrs. Kennedy: I have my gloves.
Mr. Carollo: Well, OK, girls, but number one, I think we have to
be a heck of a lot more open minded in this community, if this
community is going to prosper the way that I think it can;
secondly, I don't think we could proceed in anything we do,
always looking at that shotgun to our heads, that if this ain't
done, it is going to be burned down. I think we passed that
stage a long time ago. Now, as far as minorities to be hired,
what percent of minorities do you have doing the actual work of
the Arena right now?
Mr. Patrinely: I don't have the accurate figures. John has done
the study.
Mr. Carollo: John, do you have that?
Mr. Patrinely: We are very proud of the work that we have done
to date and in fact, I think when the job is completed, all of
Miami and its citizens can be quite proud of it.
Mayor Suarez: Well, you have submitted in writing already to the
Commissioners...
Mr. Patrinely: I have.
Mr. Carollo: I know, but I would like that question to be
answered to that closest number as possible.
Mayor Suarez: Why don't you put that into the record, John, what
the figures are up to now?
Mr. Blaisdell: Latins, Hispanics, was 18 percent, or so.
Mr. Carollo: Eighteen percent Hispanic.
Mr. Blaisdell: Black was about seven percent.
Mr. Carollo: Seven percent.
Mr. Blaisdell: And female was about nine percent.
Mr. Carollo: Nine percent.
Mr. Blaisdell: That is approximately. Those are just
recollections.
Mr. Carollo: OK, so we got 16 and 18 is 34 percent.
Id 23 March 13, 1987
Mr. Blaisdell: It was an aggregate, about 35 percent.
Mr. Carollo: It is about 35 percent, and it should be at least
50 percent.
Mr. Dawkins: Fifty-one.
Mr. Plummer: Fifty-one.
Mr. Dawkins: No, no, but you see, it is not in proportion, Joe.
Mr. Carollo: Well, Miller, I agree with you that the Black
number certainly is down. Now...
Mr. Patrinely: As far as workers, laborers on the site, we are
over 50 percent in Black and I think we are at...
Mr. Dawkins: But, see, laborers do not own any companies that
reap the benefits, Joe.
Mr. Carollo: Miller has got a legitimate point that I agree
with, that the Black percentage is very low, but what I am saying
is this, you know, let's kick them wherever we have to kick them,
to make sure they are going to get that number up to the level it
should be, but at the same time that we are doing that, we are
going to make sure this is moving ahead.
Mr. Dawkins: Don't throw the baby out with the bath water.
Mr. Carollo: Exactly!
Mr. Plummer: Well, let me ask this question. Can I ask a
question, John? You have indicated that bid package four and
five have not even gone out yet. Is that correct?
Mr. Blaisdell: That's correct.
Mr. Plummer: Is there sufficient latitude in package four and
five to make up what is necessary to meet the criteria. In other
words, just understand when bid package four and five goes out,
it is going to be all minorities and it is going to be the
percentage of Black needed to meet it, and it is going to be the
percentage of females to meet it. Maybe that, maybe is a
compromise, but at least we will meet the goals. Is that a
potential? I don't know how much is involved in bid package four
and five.
Mr. Blaisdell: There is a potential for a high level of minority
participation in bid packs four and five. At this stage of the
Arena, what we are... the equality, or what we are looking for in
bid packs four and five, are things like landscaping, which is a
very good potential for minority participation and soft-scaping,
or hard-scaping, which are brick pavers, which also has very high
probability of minority participation. But, you also have items
in there that have low probability of minority participation,
such as large walk-in freezers, which, there is only one or two
manufacturers in the United States, so it would be imprudent to
consider that all of bid pack four, or all of bid pack five could
potentially be awarded to M.B.E.'s, but there is a high
probability that a lot of it could be.
Mr. Dawkins: You see, Madam City Attorney, this is a part of my
argument. At the beginning, they pulled "X" dollars out of the
top of the contract and say: "This is non -biddable, this can't be
bided." So that brings the total package from "X" down to
one-half "X". Now, they have got...
Mr. Carollo: Miller, excuse me, Don't use that "X" anymore!
Mr. Dawkins: OK, all right, I'm sorry.
Id 24 March 13, 1987
4
II
I
Mr. Carollo: I don't want to offend anybody.
Mr. Dawkins: OK. See, then after we leave it down, and now,
they have got trades where there are no minorities and they are
saying, "OK, you can have this," knowing good and well we can't
fulfill it. See, and this is my problemt And don't tell me that
with... what is that you said there is no minority, what is the
last thing you just named, walk-in freezers?
Mr. Blaisdell: No...
Mr. Dawkins: I will go on S.W. 8 Street right now and get you a
Cuban who will buy you all the walk-in freezers you want!
(APPLAUSE) OK, see, and nobody sits down with us and says, "This
is what we need, and let's go and get it. " You know... but all
right, I agree with everybody up here, and I've said it before
and I am going to say it now. I am not in favor of stopping this
Arena, and I am not... I don't care about the N.B.A. franchise,
for this Arena will take care of itself without the franchise.
The franchise is gravy on the cake, but we do need the franchise
in order to tie in with the rest of the stuff, but the Arena
should go on, but Dean, somewhere along the line, and Mr.
Manager, somebody here has got to get their act together and give
us what we want, so what are we going to do, J.L., because you
seem to be taking the lead.
Mayor Suarez: Wait a minute. What specifically is holding
you,
that this Commission has done, other than uncertainty, and
I am
afraid to tell you that uncertainty is just a fact of life -
what
has this Commission done that impedes the work over the next
two
weeks, that we could build into our motion to defer - to remove
p,
that, whatever it is, that impediment.
=
Mr. Patrinely: I think the plumbing issue and the three issues
that are addressed in this report, aside from the issues in
bid
pack four and five, which do not delay the job.
Mayor Suarez: You mean, the completion of certain part of
the
bidding, of what bid pack?
Mr. Patrinely: Yes, the plumbing... that is correct, the
bid
pack one, two and three work resolutions and I appreciate
the
—
need to review materials, but we are very concerned.
Mayor Suarez: But, how is it that you feel that the Commission,
and John, maybe you have to answer this, has constrained your
ability to complete those bid packs subject to all of the
objectives and all of the goals that are built into all of the
contracts and agreements here, and subject to further
investigation by this Commission, which might later on do some of
that. Frankly, I mean, you could always...
Mr. Blaisdell: Maybe this will clear it up - the specific
instructions, of how we understood the Commission's...
Mayor Suarez: Right.
Mr. Blaisdell: ...motion was that we are not to award any
subcontracts, OK, until this quote issue of minority
participation was solved, so what we have been trying to do is
trying to work along with those trades in order to make the work
progress.
Mayor Suarez: And you are 100 percent sure that in the next
couple of weeks - in the next two weeks, some subcontracts will
have to be awarded?
Mr. Blaisdell: Yes.
Mayor Suarez: Which ones, specifically?
Mr. Blaisdell: You have a list here.
ld 25 March 13, 1987
Mayor Suarez: Let's get this resolved.
Mr. Patrinely: The plumbing, and several... precast erections.
Mr. Blaisdell: What we are referring to is motion 87-79, January
22, '87.
Mayor Suarez: I understand that was a prior Commission meeting.
Mr. Blaisdell: That is the one that...
Mayor Suarez: Which subcontractors are you likely to have to
decide to accept bids on in the next two weeks.
Mr. Patrinely: So I get the correct list, Paul would you like
to...
Mayor Suarez: Because under the... if we specify that it will be
the opening of the bids and everything else will be under the
supervision of...
Mr. Blaisdell: As it always has been, under the supervision of
the authority.
Mr. Dawkins: OK, can we do this...
Mayor Suarez: Monitored very closely by this Commission, I
don't think that the Commission will have any problem allowing
it.
Mr. Dawkins: Mr. Mayor, can we do this.
Mayor Suarez: Yes.
Mr. Dawkins: Can we say, and I want my fellow Commissioners to
hear me and agree or disagree - let's award bid packs one, two
and three, with the clear understanding that... when will bid
packages four and five be let?
Mr. Blaisdell: Probably sixty to ninety days. The packages
will be...
Mr. Dawkins: Sixty to ninety days?
i Mr. Blaisdell: And that's put on the street. We can review with
the authority, the staff
Mayor Suarez: Fine, fine, fine! That is what he... he got his
answer.
Mr. Dawkins: All right now, with the understanding, and a
commitment that they will bring up the minority, Black and female
minority piece through five and six...
Mr. Plummer: Four and five.
Mayor Suarez: Four and five.
Mr. Dawkins:... four and five, and if they don't, that they will
come before this Commission and we collectively, together, will
agree that it can be done.
Mayor Suarez: OK, and we might make a determination of bad faith
at that point too, I mean, that's...
Mr. Dawkins: I was going to add that, and if we determine that
anywhere in bid packs one, two and three, that there was bad
faith, afterwards, then we go to arbitration and whoever was
discriminated against, would get whatever fee that was awarded by
arbitration. If Tom Benjamin goes and he is fine and it is
Id 26 March 13, 1987
I
-U
proven that he was discriminated against, and whatever the award,
he will get it.
Mayor Suarez: The sanctions that unfold from all of this are
none other than what the contract should provide already, but we
are specifying that we will allow the completion of bid packets
one, two and three, subject to all of what you have heard from
this Commission as to how closely we are going to monitor,
subject to this report and the answer to this report that will be
forthcoming and then the entire process will continue. It is a
very careful monitoring that we have now instituted and we are
looking to have a much improvement in bid packages four and five.
Mr. Dawkins: Attorney McCrary, will you come down here, sir,
because you are the one we are going to be working with, I hope.
You understand fully, sir, what we are saying?
Mr. Jesse McCrary: Yes, sir, my name is Jesse McCrary, counsel
for Decoma. Commissioner, it appears to me... Mr. Mayor and
Commissioners, it appears to me that when you try to address bid
packs one, two, and three, after you have read the report, what
you did in the previous meeting, was that you ordered, or
requested of Mr. Blaisdell and the City Attorney's office to go
to Houston, review all of the documentation as it relates to
minorities in bid packs one, two and three. They have tendered
that report. Albeit, you have not had a chance to read it, I
believe that once you read the report, you will be satisfied that
every effort was made...
Mayor Suarez: Well, we may, or we may not be, but we are about
to vote on &llewing the three bid packages to go through,
right?
Mr. Dawkins: I just want to know that you know what's going on,
that is all I need to know.
Mr. McCrary: Right! Mr. Mayor, my only concern is...
Mayor Suarez: The ultimate conclusion, you know, is still
pending. It is just...
Mr. McCrary: All right, Mr. Mayor, my only concern is, if you
are having your independent people to review it and give you a
report, are we...
Mr. Dawkins: It does not mean, Counselor, we have got to accept
it.
Mr. McCrary: I understand that, Mr. Mayor, and that is what I am
trying to understand, Mr. Dawkins - does it mean we are subject
to some further review by the Commission again, to rehash the
same things that we have been rehashing over the past months?
Mr. Dawkins: We are telling you now sir, that whatever mistakes
have been made, I think, that we are going to grandfather them in
and we are going to hold four and five hostage it if means
stopping your arena.
Mayor Suarez: Right.
Mr. Dawkins: That is what we are telling you, sir.
Mayor Suarez: And that is in the form of a motion.
Mr. Dawkins: And if that is not... you come right here, and I
will explain it to you in ghettoeset
Mayor Suarez: That is in the form of a motion... before we get
Into ghettoese, that...
Mr. Plummer:
defer.
Well, you have got to reconsider the motion to
Id
27
March 13, 1987
Mayor Suarez: ...repeals the prior motion that holds up any work
on subcontractor bids. Am I clarified? Commissioner Dawkins?
Mr. Plummer: Well, Mr. Mayor, once again, I want to make sure
that it is understood that that motion is worded that the City
Commission does not object to the awarding of package one, two
and three. I want it...
Mayor Suarez: That's exactly what that motion is.
Mr. Plummer: Well, I am going to put the intent of why I am
being so specific on this thing - that this Commission is not
awarding the bids.
Mayor Suarez: Neither is the Authority, neither is Decoma, as
far as I can tell. It is actually Linbeck.
Mr. Plummer: The Sports Authority is awarding the bids, not us!
Mayor Suarez: I see some heads going like this, and some like
that! Whatever, it is not the Commission, it is understood.
Mrs. Kennedy: It is not us, that is for sure!
Mr. Plummer: Exactly!
Mayor Suarez: All right, but we are setting up the rules by
which it is done, OK. We have a motion.
Mr. Marks: May I ask one thing. So what it is, I am going over
right now through the major portions of bid pack one, two and
three, which I am getting the contracts to go through, check the
. prices and check the scope of work. If they are considered, I
can go ahead and sign those off. Bid packs four and five will
not be done until they come before the Commission, is that
what...?
Mr. Plummer: That's correct.
Mayor Suarez: That's correct.
i
i Mr. Marks: All right now, it includes the plumbing, it's
electrical, it's structural steel...
Mr. Plummer: Anything in one, two and three.
Mr. Marks: OK, just want to get it straight.
Mayor Suarez: You have got it. We are repealing the prior action
of the Commission.
Mr. Marks: OK, thank you.
Mayor Suarez: Any further discussion of the motion? Do we have
a motion and a second?
Mr. Plummer: I will make such a motion.
Mayor Suarez: No more remarks, please. We are looking into this
beyond what any Commission of any city, any part of the world has
ever done, and we are monitoring it as closely as you possibly
can monitor it and that is the best we can do. I think this
Commission has stated rather clearly that we are not going to
stop the work at this point and jeopardize a major project of
this sort.
Ms. Kathleen Phillips: Other than the fact that we were on this
agenda and that we should be allowed to at least present our
presentation as much as they have had their opportunity...
i
ld 28 March 13, 1987
1
Mayor Suarez: This is in effect, an agent for the City of
Miami we are trying to clarify so we can complete this project.
You have had more oversight than you could possibly have under
any...
Ms. Phillips: I understand. All I am asking is...
Mr. Carollo: She deserves the opportunity.
Mayor Suarez: OK, make a quick statement.
Ms. Phillips: I would like to... Kathleen Phillips again, on
behalf of Benjamin Plumbing. What we wanted to address today is
and I understand that this Commission has been vigilant in
attempting to address the concerns that have been brought up
previously to it by instigating the investigation. We received
the report and recommendations at 9:00 o'clock last night, and
like you all, have not had much chance to look at the validity of
the findings and the recommendations.
Mr. Plummer: You got them before we did.
Ms. Phillips: Excuse me?
Mr. Plummer: You got them before we did.
Mr. Phillips: I understand that and I think that you should have
that opportunity inasmuch as we should have a greater opportunity
to do so ourselves. With just a limited amount of time, we have
had to look into the recommendations. With'respect to Benjamin
Plumbing, we have found certain erroneous assumptions within that
recommendation that we would like brought to the Commission's
attention, once the Commission has had a chance to...
e
Mayor Suarez: Well, you are going to do plenty of that in the
next Commission meetings because of the procedure that we have
instituted.
Ms. Phillips: Except for the fact that you are about...
Mayor Suarez: But, we are not going to hold up the work.
Ms. Phillips: ... to award the bid, and preclude...
Mayor Suarez: Subject to every recommendation and every
consensus of this Commission and every consideration that we
could possibly, you know, for...
Ms. Phillips: Yes, sir, but you haven't looked at the
recommendations or heard what the problems are with that
recommendation.
Mayor Suarez: We can't do it in the amount of time in question,
but we are going to do it constantly, so you will have many shots
at the apple, many bites at the apple.
Ms. Phillips: Other than the fact that we have lost the bid.
Mayor Suarez: We don't know that yet. We don't know that yet!
Ms. Phillips: You have just authorized them to award the bid.
Mayor Suarez: No... yes, but we don't know who is going to get
it, because they have to take into consideration everything that
has been said here today. Call the roll on the motion.
Ms. Hirai: Commissioner Plummer moved it. We need a second, Mr.
Mayor.
Mayor Suarez: Do we have a second? (INAUDIBLE BACKGROUND
COMMENTS) Seconded.
Id
29
March 13, 1987
z
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 87-273
A MOTION RESCINDING M-87-272 WHICH HAD
ORIGINALLY DEFERRED THIS ITEM; FURTHER
APPROVING AWARD OF BID PACKAGES 1, 2, AND 3
BY LINBECK IN CONNECTION WITH CONSTRUCTION
WORK TO BE DONE AT THE MIAMI ARENA SITE WITH
THE CLEAR UNDERSTANDING AND COMMITMENT THAT
BEFORE PACKAGES 4 AND 5 ARE AWARDED, THE
PERCENTAGES FOR MINORITY PARTICIPATION WILL
BE BROUGHT UP TO MEET THE PERCENTAGES
PREVIOUSLY STIPULATED BY THE CITY COMMISSION;
FURTHER STIPULATING THAT SHOULD THIS NOT BE
THE CASE, THIS MATTER WILL BE BROUGHT BACK
BEFORE THE CITY COMMISSION TO DETERMINE WHAT
CAN BE DONE IN CONNECTION THEREWITH.
Upon being seconded by Commissioner Kennedy, the motion was
passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Figueroa: I need to speak on this item, Mayor Suarez,
because it was allowed, the other side was allowed to make a
statement of what the work force participation is out there...
Mayor Suarez: OK, I am letting you make the statement. What do
you want to say?
Mr. Figueroa: Basically, I want to give my percentages of what I
got in regards to conflict if the work force participation that
is being claimed as high as 39 and 50 percent...
Mayor Suarez: You are going to get plenty of opportunity to do
that if you are going to affect the bid package four and five
prospectively, one, two and three retroactively, what more do you
want? It could lead to arbitration, it could lead to the undoing
of contracts, but it is not going to stop the work, that's all we
have done.
Mr. Figueroa: Let me make it clear to this Commission...
Mayor Suarez: It could lead to a finding of bad faith by this
Commission. We...
Mr. Figueroa: Let me make it clear to this Commission, all
right?... that is not the intent of the carpenter's organization,
all right?... in regards to stop the work at the arena, in any
way or any fashion...
Mayor Suarez: That's why we...
Mr. Figueroa: ... and it is not the intent to stop the N.B.A.
franchise from coming to South Florida, we will welcome it with
open arms, but when the work force... the taxpayers of this
community, all right?... are being cheated out of their
appropriate benefits, in regards to the work that they are
supposed to be getting out there, which is not being entitled to
them, then, we are not going to wait to the completion of the
arena for us to claim our share of the work. And what is
happening right now, out there, is with a total manpower source
ld 30 March 13, 1987
of 81 men on the job site, on the average, you got about 34 Black
participants of this community; 27 are local based, mostly
provided by labor organizations that have agreements on that
particular job site, most of them doing laborer's work, or
helpers, as they claim in their own report, as of this morning.
Female participation, they have got one female for the whole
project, participating in the work force. Hispanic
participation, seven, and six of those are out of state, they are
from Texas. The non, the White participation, Anglo-Saxon, 38,
total work force of 81. We mean to tell me that one local
Hispanic...
Mayor Suarez: By the way, as long as you are giving us the
figures, do you have any idea how many of the Whites are from
Miami, or from this area as opposed to out of state? You don't
have that?
Mr. Figueroa: I don't have that specific statement. I do have
the... in regards to the carpenters, I do have that.
Mayor Suarez: OK, those are your figures. We may conclude that
those figures are correct. We are beginning the process on
Monday.
Mr. Figueroa: This has been going on since January 19th.
Mayor Suarez: We can't do it... you...
Mr. Figueroa: Mr. Mayor, thank you for your time and
consideration.
Mayor Suarez: Thank you for your statement, Gus. We have even
gone to the site, we have taken pictures of license plates, we
have done just about anything you could possibly do by way of
oversight. You can't ask any more of this Commission.
ld 31 March 13, 1987
P r,
CITY OF MIAMI
DOCUMENT INDEX
FAMI rGiDATE: MARCH 13, 1987
PAGE 1 OF __„
�.«all..�
SETTLEMENT $160,000 TO RICHARD
SICKING FOR ATTORNEYIS FEES
INCURRED BY INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS IN
CONNECTION WITH THE GATES CASE,
PENSION LITIGATION.
GRATITUDE EXPRESSED TO COSTA RICA
FOR VOTING THEIR CONVICTIONS ON
HUMAN RIGHTS FOR CUBAN POLITICAL
PRISIONERS ISSUE AT THE UNITED
NATIONS.
ACCEPT DONATION OF HEWLETT PACKARD
HP-97 CALCULATOR FROM D. CATHER TO
PUBLIC WORKS AT NO COST TO CITY.
ACCEPT BID: JIM PROSSER
ENTERPRISES FOR ALADIN HEAVY DUTY
PRESSURE CLEANER TRAILER AND HOT
WATER TANK.
REJECT BIDS FOR FURNISHING TIRE
RECAPPING AND ACCEPT LOWEST BID OF
P.R.I.D.E. OF FLORIDA
RESCIND AWARD TO SUPERIOR BUILDING
SERVICES FOR CUSTODIAL SERVICES AT
FIRE TRAINING CENTER AND ACCEPT BID
OF INDUSTRIAL BUILDING MAINTENANCE.
NEGOTIATE AND EXECUTE SERVICES
AGREEMENT WITH EDWARD H. FRIEND &
CO. FOR ACTUARIAL ASSISTANCE IN
PENSION MATTERS.
EXECUTE SERVICES AGREEMENT WITH
VALLE-AXELBERD AND ASSOCIATES,INC.
FOR PSYCHOLOGICAL SCREENING
PROCEDURES FOR POLICE OFFICER
APPLICANT$.
CANNON STIERHELM BUSUTIL TO DEVELOP
COST ALLOCATION SYSTEM FOR GENERAL
SERVICES ADMINISTRATION DEPARTMENT;
AGREEMENT WITH ROBERT D. CRUZ FOR
PROFESSIONAL PLANNING SUPERVISION
FOR THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN.
ACCEPT 21 DEEDS OF DEDICATION FOR
HIGHWAY PURPOSES.
ACCEPT COMPLETED WORK: TREE
MASTERS INC. FOR MAIN LIBRARY
DEMOLITION
BETRAYAL. CODE NO.
87-227
87-228
87-230
87-231
87-232
87-233
87-234
87-235
87-236 -
�� U
r
DOCUMENT INDEX
ACCEPT COMPLETED WORK; MIRI
CONSTRUCTION INC. FOR CITYWIDE
SANITARY SEWER REPLACEMENT -DESIGN
PLAZA,
ACCEPT COMPLETED WORK: GARCIA
ALLEN CONSTRUCTION CO. INC. FOR
MANOR STORM SEWER PROJECT BIDS "B"
AND "C"
ISSUANCE OF REQUEST. FOR PROPOSALS
TO REMOVE ABANDONED VEHICLES.
AUTHORIZE CLOSURE OF STREETS AND
ESTABLISH TEMPORARY PEDESTRIAN MALL
FOR SAINT PATRICK'S DAY PARADE;
ESTABLISH AREA PROHIBITED TO
PEDDLERS.
AUTHORIZE CLOSURE OF STREETS AND
ESTABLISH A PEDESTRIAN MALL FOR
COCONUT GROVE BED RACE; ESTABLISH
AREA PROHIBITED TO PEDDLERS.
AUTHORIZE CLOSURE OF STREETS AND
ESTABLISH PEDESTRIAN MALL FOR MARCH
OF DIMES %WALKAMERICA".
(A) RECOGNIZE TAX-EXEMPT STATUS
CLAIMED BY MIAMI FIREFIGHTER'S
BENEVOLENT ASSOCIATION? (B) DIRECT
ADMINISTRATION TO RECOGNIZE SAME
BENEFITS FOR NEW CANAAN BAPTIST
CHURCH.
IDENTIFY OBJECTIVES FOR OVERTOWN
SHOPPING CENTER
ALLOCATE $4,000 FOR MARCH OF DIMES
"WALKAMERICA".
ALLOCATE $51000 FOR ANTI -DRUG
PROGRAM AT ORANGE BOWL BY THE
BAPTIST MINISTERS COUNCIL.
(A) WALK THROUGH THE GROVE ORGANIZED
BY STUART SQRG/COCONUT GROVE CHAMBER
OF COMMERCE, (B) ALLOCATE $31500
FOR WELCOMING ACTIVITIES FOR THE
U.S.NAVAL VESSEL U.S.Sl SARATOGA
AUTHORIZE ISSUANCE OF REQUEST FOR
PROPOSALS TO FURNISH TOWING AND
WRECKER SERVICES TO POLICE
DEPARTMENT
MM.L OF 4
MARCH 13, 1987
87-240
87-241
87-242
87-243
87-244
87-245
87-247
87-248
87-249
87-250
87v-251
87,,.252
.." A
un
r
DOCUMENT INDEX
RAUL GONZALEZ VIERA APPOINTED TO THE
CODE ENFORCEMENT BOARD. PLANNING
ADVISORY BOARD TO STUDY THE TAKING
AWAY OF ANIMAL CONTROL FROM POLICE
DEPARTMENT AND GIVING SUCH TO THE
CODE ENFORCEMENT BOARD
BRUNO CARNESELLA WAS APPOINTED TO
THE KNIGHT INTERNATIONAL CENTER
ADVISORY BOARD
CONFIRM ASSESSMENT MOLL FOR
CONSTRUCTION OF KINLOCH SANITARY
SEWER CENTERLINE SR-5485-C.
CONFIRM ASSESSMENT ROLL FOR
CONSTRUCTION OF KINLOCH SANITARY
SEWER SIDELINE SR-5485-S
AUTHORIZE EXECUTION OF AGREEMENT
WITH SOUTHERN BELL TO ADD AUTOMATIC
LOCATION IDENTIFICATION FEATURE TO
CITY'S EMERGENCY 911 SYSTEM.
AUTHORIZE INCREASE IN CONTRACT WITH
MCNEW MARINE CONSTRUCTION FOR THE
CONSTRUCTION OF BAYSIDE SPECIALTY
CENTER -MARINA RENOVATION.
APPROVE IN PRINCIPLE SETTLEMENT OF
SHANREKA PERRY CASE,
ALLOCATE $6'000 IN SUPPORT OF CUBAN
MUNICIPALITIES FAIR CORPORATION
CARNIVAL.
AUTHORIZE CITY MANAGER TO EXECUTE
AGREEMENT PROVIDING $1751000 TO
MIAMI DESIGN DISTRICT ASSOCIATION
$1,000,000 OFFER TO ACQUIRE VACANT
LAND BETWEEN N.E. 60 STREET AND 71
STREET OS BISCAYNE BAY TO BE USED
FOR PARK OR MARINA
(.A) CONDITIONALLY ACCEPT OFFER FROM
MORALES FOR PROPERTY AT 2202-2220
WEST FLAGLER STREET AND 20 BEACON
BOULEVARD FOR $535,000.00 TO BE
USED FOR SOUTH DISTRICT POLICE
SUBSTATION (B) CONDITIONALLY
ACCEPT OFFER FROM SIMON FOR
PROPERTY AT 34-90 BEACOM BOULEVARD
AND 2261-65 S.W. 1 STREET TO CONVEY
TOTAL INTEREST IN SAID PROPERTY TO
THE CITY FOR $9900000 TO BE USED
FOR SOUTH DISTRICT POLICE SUB-
STATION.
MWeO'
MARCH 13, 1987
87-255
87-256
87-258
87-259
87-260
87,261
87-262
87-263
87-277
87,r278
87-279
87�279,1
DOCUMENT INDEX
r••.d1ldr� •
APPROVE TEMPORARY EASEMENT FOR DADE
COUNTY TO CONSTRUCT A PORT
BOULEVARD DETOUR ROAD.
PAGE. ,. OF =
MARCH 13, 1987
RE I VEVAL CODE NO.
87-281