HomeMy WebLinkAboutCC 1996-01-25 MinutesOF SING HELD ONJANUARY 25 l99
REGULAR & PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE
CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
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@tlnyJ.
INDEX
MINUTES OF REGULAR MEETING
January/ 25, 1996
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
PRESENTATIONS, PROCLAMATIONS AND
SPECIAL ITEMS.
( A) CONSENT AGENDA.
(B) DISCUSS AND DEFER PROPOSED
ALLOCATION OF FUNDS ($14,000)
i
FROM 21ST YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS,
PROJECT NO. 799613, FOR
REHABILITATION OF TWO ( 2 )
BUSINESSES LOCATED IN ALLAPATTAH
TARGET AREA, IN CONJUNCTION WITH
COMMERCIAL CODE COMPLIANCE
PROGRAM.
2.1 ACCEPT BID: MOTOROLA INC. -- FOR
PROVISION OF 10 MOTOROLA PORTABLE
RADIOS AND 10 CHARGERS --
ALLOCATE $19,070 (FOR DEPARTMENT
OF PARKS & RECREATION, PROPERTY
MAINTENANCE DIVISION).
2.2' AUTHORIZE POLICE DEPARTMENT TO
PROCURE SERVICES OF POLICE
EXECUTIVE RESEARCH FORUM -- TO
PROVIDE PROBLEM SOLVING TRAINING
PROGRAM FOR POLICE OFFICERS AND
_ TO DEVELOP A TRACKING AND
EFFECTIVENESS EVALUATION
SYSTEM -- AUTHORIZE MANAGER TO
EXECUTE NECESSARY DOCUMENTS.
2.3 AUTHORIZE FUNDING OF "KIDS FOR
PEACE" PROGRAM -- ALLOCATE $7,425
FROM LAW ENFORCEMENT TRUST FUND
(LETF).
DISCUSSION
1/25/96
DISCUSSION
1/25/96
R 96-1
1/25/96
R 96-2
1/25/96
R 96-3
1/25/96
1-2
2-S
3
9
0
w
2.4 APPROVE PURCHASE OF FOUR POLICE
DOGS (UNDER EXISTING METRO-DADE
COUNTY BID 1B4293/2-96) -- FROM
METRO-DADE K-9 SERVICES --
! ALLOCATE $20,000.
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ACCEPT BID: LEADEX
CORPORATION -- FOR FURNISHING /
INSTALLATION OF PLAYGROUND
EQUIPMENT AT LEMON CITY PARK
DAYCARE (FOR DEPARTMENT OF PARKS
& RECREATION) -- ALLOCATE $19,960
FROM CIP 331386.
2.6
2.0-...
m
CLAIM SETTLEMENTS: (1) THERESA
J. PRATT ($65,000), AND (2)
ARABELLA DWIGHT ($18,000).
CLAIM SETTLEMENT: RUVALCABA
SERVICE CORPORATION AND JOVITA A.
MARTINEZ, OWNER ($80,000).
AUTHORIZE CITY ATTORNEY TO ENGAGE
(1) HOLLAND & KNIGHT, AND (2)
STEVEN E. BULLOCK -- TO PROVIDE
BOND COUNSEL SERVICES FOR
FINANCING THE OFF-STREET PARKING
DEPARTMENT'S CONSTRUCTION OF A
PARKING GARAGE (710 N.W. 20
STREET) AND THE RELATED REAL
ESTATE TRANSACTION -- ALLOCATE
$45,000, PLUS $5,000 FOR
EXPENSES, FROM BOND SALE
PROCEEDS.
AUTHORIZE MANAGER TO ENTER INTO
CONSENT AGREEMENT WITH
METROPOLITAN DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL
RESOURCES MANAGEMENT (DERM) -- TO
RESOLVE A LETTER OF VIOLATION
ISSUED BY DERM (ON MAY 13, 1993)
(1) ALLEGING DESTRUCTION OF /
IMPACT TO COASTAL WETLANDS AT THE
VIRGINIA KEY BURNSITE, FOLLOWING
HURRICANE ANDREW, AND (2)
REQUIRING RESTORATION OF THE
DAMAGED ACRES AND MITIGATION OF
ADDITIONAL ACRES -- THEREBY
UTILIZING CITY MANPOWER /
EQUIPMENT FOR PERFORMANCE OF IN -
KIND SERVICES -- ALLOCATE $60,000
FROM SELF-INSURANCE AND INSURANCE
TRUST FUND.
R 96-4 10
1/25/96
R 96-5 10
1/25/96
R 96-6 11
1/25/96
R 96-7 11
1/25/96
R 96-8
1/25/96
R 96-9
1/25/96
12
12-13
2.10
AUTHORIZE MANAGER TO EXECUTE
R 96-10
AGREEMENT WITH MIAMI MOTORSPORTS,
1/25/96
INC. -- TO TERMINATE EXISTING
AMENDED / RESTATED GRAND PRIX
LICENSE AGREEMENT.
2.11
AUTHORIZE MANAGER TO EXECUTE
R 96-11
REVOCABLE LICENSE AGREEMENT WITH
1/25/96
'
PEOPLE UNITED TO LEAD THE
STRUGGLE FOR EQUALITY, INC.
(PULSE) -- FOR USE OF PROPERTY AT
150 N.E. 19 STREET.
2.12
AUTHORIZE MANAGER TO EXECUTE
R 96-12
MUTUAL AID AGREEMENT WITH STATE
1/25/96
[
OF FLORIDA -- TO SET FORTH
PARTIES' RESPONSIBILITIES IN
CONNECTION WITH PROVIDING /
RECEIVING OF ASSISTANCE OF
VARIOUS MUNICIPAL EMERGENCY /
NON -EMERGENCY SERVICES TO/FROM
OTHER JURISDICTIONS IN STATE OF
�- ...
FLORIDA FOLLOWING A CATASTROPHIC
DISASTER.
2,.13
AUTHORIZE / DIRECT MANAGER AND
R 96-13
{'
CITY CLERK TO EXECUTE INSTRUMENT
1/25/96
FORMALLY RELEASING / CANCELLING
COVENANT TO RUN WITH LAND BY AND
BETWEEN JENECO CONSTRUCTION AND
DEVELOPMENT CORPORATION AND CITY
OF MIAMI -- CONCERNING PREMISES
AT LOT 2 OF CLARK FARMS.
2.14
AUTHORIZE MANAGER TO ENTER INTO
R 96-14
AGREEMENT WITH METROPOLITAN DADE
1/25/96
COUNTY -- FOR IMPLEMENTATION OF
COMPUTERIZED PARKING TICKET
`.
ISSUING SYSTEM.
13
13
14
14
15
215
W,
AUTHORIZE MANAGER TO ACCEPT GRANT
($77,774.05) FROM METROPOLITAN
DADE COUNTY FOR: (1) DESIGN /
CONSTRUCTION OF A WHEELCHAIR -
ACCESSIBLE TRAIL AT MERRIE
CHRISTMAS PARK, (2) PURCHASE OF
TWO TRANSPORTATION VANS FOR
PROGRAMS FOR PERSONS WITH
DISABILITIES, AND (3) PRODUCTION
/ DISSEMINATION OF PUBLIC
INFORMATION MATERIALS PROMOTING
AWARENESS OF SERVICES AVAILABLE
TO PERSONS WITH DISABILITIES AT A
LOCAL LEVEL -- AUTHORIZE MANAGER
TO EXECUTE INTERLOCAL AGREEMENT
WITH METROPOLITAN DADE COUNTY FOR
GRANT ACCEPTANCE.
ACCEPT PLAT: KORTH ESTATES
SUBDIVISION. (Note: This item
was later deferred.] (See label
3)
ACCEPT PLAT: SALNAZ SUBDIVISION.
ACCEPT BID: LEADEX
CORPORATION -- FOR FURNISHING /
INSTALLATION OF PLAYGROUND
EQUIPMENT AT THE BELAFONTE
TACOLCY CENTER (FOR DEPARTMENT OF
PARKS & RECREATION) -- ALLOCATE
$15,125 FROM CIP 331364.
R 96-15 15
1/25/96
R 96-16 16
1/25/96
R 96-17 16
1/25/96
R 96-18
1/25/96
DESIGNATE LIBREVILLE, GABON, AS A R 96-19
SISTER CITY. 1/25/96
(Continued) RECONSIDER AND DEFER
PROPOSED ACCEPTANCE OF PLAT:
KORTH ESTATES SUBDIVISION. (See
label 2.16)
PRESENTATIONS, PROCLAMATIONS AND
SPECIAL ITEMS.
M 96-20
1/25/96
DISCUSSION
1/25/96
DISCUSSION CONCERNING $900 DISCUSSION
DONATION IN CONNECTION WITH 1/25/96
EDGEWATER MINI POLICE STATION.
16-17
17
17-19
19-21
21
11"�
6.
(A) SECOND READING ORDINANCE:
ORDINANCE 22-64
j
AMEND CODE CHAPTER 30, ARTICLE
11331
III, DIVISION 21 WHICH SETS FORTH
1/25/96
i
RATES J CHARGES FOR CITY GOLF
j
COURSES -- ADD SECTION 30-57
EXEMPTING THOSE CITY GOLF COURSE
FACILITIES OPERATED / MANAGED BY
PRIVATE PARTIES PURSUANT TO
AGREEMENTS HAVING TERMS OF 20
YEARS OR MORE.
(B) DISCUSSION CONCERNING: (1)
ADVERTISING OF RFP IN TRADE
PERIODICALS / PUBLICATIONS /
NEWSPAPERS, (2) NEEDED REPAIRS TO
STEPHEN P. CLARK BUILDING IN
MELREESE GOLF COURSE, (3)
AGREEMENT BEING LEASE VS.
CONTRACT WITH TERM OF 20 YEARS
FOR MANAGEMENT BY PRIVATE PARTIES
OF GOLF COURSES.
7.
APPOINT JOSEFINA SANCHEZ-PANDO,
R 96-21 64-68
_.._...._...
SONIA YAHR-SCHNEIDER, MARIE
1/25/96
RODRIGUEZ, NANCY MINETT & IVON
MESA TO SERVE ON THE COMMISSION
ON THE STATUS OF WOMEN. (Pending
still are 2 appointments.)
E]F
`1
9
10.
11.
12
APPOINT COMMISSIONERS JOE CAROLLO R 96-22 68-69
AND J.L. PLUMMER, JR. TO SERVE AS 1/25/96
EX OFFICIO VOTING MEMBERS ON THE
MARITIME PARK BOARD.
(A) ELECT / REAPPOINT A. QUINN
JONES, III, AS CITY ATTORNEY.
(B) DISCUSSION CONCERNING CITY
COMMISSION`S AUTHORITY OVER CITY
ATTORNEY. (See label 11)
ELECT / REAPPOINT WALTER J.
FOEMAN AS CITY CLERK.
(Continued) ADDITIONAL COMMENTS
CONCERNING INTERACTION BETWEEN
CITY ATTORNEY'S OFFICE AND OTHER
CITY DEPARTMENTS. (See label 9B)
CONFIRM APPOINTMENT OF ISABEL
KATO (AFSCME REPRESENTATIVE) TO
SERVE ON THE CITY OF MIAMI
AFFIRMATIVE ACTION ADVISORY
BOARD. (Pending still are 3
appointments.)
R 96-23 69-72
1/25/96
R 96-24 73-74
1/25/96
DISCUSSION 74-75
1/25/96
R 96-25 75-76
1/25/96
4'
4
c
F
13.
14.
N
APPOINT AGUSTIN DOMINGUEZ TO
SERVE ON THE CITY OF MIAMI
AFFORDABLE HOUSING ADVISORY
COMMITTEE. (Note: Mr. Dominguez
is already a member the
Committee . )
APPOINT DINO GALARDI TO SERVE ON
THE BAYFRONT PARK MANAGEMENT
TRUST.
CONFIRM APPOINTMENT OF MARTIN P.
GARCIA AND ORLANDO LLAMAS TO
SERVE ON THE CIVIL SERVICE BOARD.
APPOINT RITA E. SUAREZ, T.
WILLARD FAIR AND GERALD SILVERMAN
TO SERVE ON THE CIVIL SERVICE
BOARD.
DISCUSSION CONCERNING PROCEDURE
FOR ELECTION OF CHAIRPERSON OF
CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD -- APPOINT
COMMISSIONER MILLER DAWKINS TO
SERVE ON SAID BOARD. (Pending
still are 5 appointments.)
GRANT REQUEST BY JEFF REYNOLDS
FROM SHAKE -A -LEG FOR WAIVER OF
DOCKAGE FEES AT DINNER KEY
BOATYARD.
GRANT REQUEST BY SWEETWATER
POLICE DEPARTMENT FOR ACQUISITION
OF THREE SURPLUS CITY OF MIAMI
POLICE KAWASAKI MOTORCYCLES.
CONFIRM APPOINTMENT OF L. GRANT
PEEPLES, JOHNNY WINTON, MARK
SMITH, AMANCIO SUAREZ AND J.
MEGAN KELLY TO THE BOARD OF
DIRECTORS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA).
(See label 79)
DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED
RESOLUTION TO APPOINT INDIVIDUALS
TO SERVE ON THE LATIN QUARTER
REVIEW BOARD. (See label 26)
M 96-26 76-77
1/25/96
R 96-27 77-78
1/25/96
R 96-28 79-80
1/25/96
R 96-29 80-81
1/25/96
R 96-30 81-84
1/25/96
M 96-31 84-85
1/25/96
R 96-32 86-87
1/25/96
R 96-33 87-89
1/25/96
i
)
i
i
22.
(A) APPOINT COMMISSIONER J.L.
R 96-34
90-92
PLUMMER TO SERVE ON THE BOARD OF
R 96-34.1
DIRECTORS OF THE PERFORMING ARTS
1/25/96
CENTER TRUST (PACT). (See label
66)
(B) REQUEST NOMINATING COMMITTEE
TO CONSIDER FRED JOSEPH AS MEMBER
OF THE PERFORMING ARTS CENTER
TRUST (PACT).
23.i
APPOINT STUART SORG TO SERVE ON
R 96-35
92-94
THE WATERFRONT ADVISORY BOARD.
1/25/96
(Pending still is one
appointment).
24.
APPOINT GLORIA BASILA TO SERVE ON
M 96-36
94-95
THE ZONING BOARD. (See label 67)
1/25/96
25.
APPOINT RUBEN AVILA TO SERVE ON
R 96-37
95-96
THE CODE ENFORCEMENT BOARD.
1/25/96
(Pending still are 3
appointments.)
26.
(Continued) APPOINT MARIO
R 96-38
96-97
PESTONIT TO SERVE ON THE LATIN
1/25/96
QUARTER REVIEW BOARD. (Pending
still are 2 appointments.) (See
label 21)
27.
ACCEPT RESIGNATION OF ANGEL
M 96-39
97-99
GONZALEZ (MEMBER OF CITYWIDE
1/25/96
COMMUNITY DEVELOPMENT ADVISORY
BOARD) -- TAKE UNDER ADVISEMENT
COMMENTS ENTERED INTO THE RECORD
ON THIS DATE.
28.
DISCUSSION CONCERNING REQUEST BY
DISCUSSION
99-100
BRUCE HADDOCK TO USE WATSON
1/25/96
ISLAND FOR A MUSIC EXTRAVAGANZA
IN CONNECTION WITH MIAMI'S
CENTENNIAL CELEBRATION.
29.
DISCUSSION CONCERNING WYNWOOD
DISCUSSION
{
100-113
COMMUNITY ECONOMIC DEVELOPMENT
1/25/96
CORPORATION AND $5.5 MILLION
'
SECTION 108 LOAN TO BE PROVIDED
TO DADE FOREIGN TRADE ZONE FOR
DEVELOPMENT OF WYNWOOD FOREIGN
TRADE ZONE -- DEFER TO NEXT
COMMISSION MEETING
COMMISSIONER PLUMMER REITERATES
HIS REQUEST FOR AN AUDIT.
3b.
31.
33.
I
z0"')
RATIFY MANAGER'S FINDING OF SOLE
SOURCE -- WAIVE COMPETITIVE
SEALED BIDS -- APPROVE
ACQUISITION OF COMMUNITY
RELATIONS PUBLICATIONS FROM
CHANNING L. BETE CO., INC. (FOR
POLICE DEPARTMENT) -- ALLOCATE
$26,870.
WAIVE CODE PROHIBITION (SECTIONS
2-301 - 2-304) AS APPLICABLE TO
FRANKIE SWAIN, WHO SERVES ON THE
CITY OF MIAMI HOUSING
OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) ADVISORY BOARD -- IN
RELATION TO HER EMPLOYMENT WITH
THE ECONOMIC OPPORTUNITY FAMILY
HEALTH CENTER, SUCCESSFUL
PROPOSER FOR PROVISION OF
SERVICES IN CONNECTION WITH
CITY'S 1995 HOPWA PROGRAM FUNDED
BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD).
WAIVE CODE PROHIBITION (SECTIONS
2-301 - 2-304) AS APPLICABLE TO
LAVERNE TAYLOR, WHO SERVES ON THE
CITY OF MIAMI HOUSING
OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) ADVISORY BOARD -- IN
RELATION TO HER EMPLOYMENT WITH
THE METROPOLITAN DADE COUNTY
DEPARTMENT OF HUMAN RESOURCES
OFFICE OF COMMUNITY SERVICES,
SUCCESSFUL PROPOSER FOR PROVISION
OF SERVICES IN CONNECTION WITH
CITY'S 1995 HOPWA PROGRAM FUNDED
BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD).
WAIVE CODE PROHIBITION (SECTIONS
2-301 - 2-304) AS APPLICABLE TO
MARY FRANCES WELDON, WHO SERVES
ON THE CITY OF MIAMI HOUSING
OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) ADVISORY BOARD -- IN
RELATION TO HER EMPLOYMENT WITH
THE CHRISTIAN COMMUNITY SERVICE
AGENCY, SUCCESSFUL PROPOSER FOR
PROVISION OF SERVICES IN
CONNECTION WITH CITY'S 1995 HOPWA
PROGRAM FUNDED BY U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
(HUD).
R 96-40 113-114
1/25/96
R 96-41 115-116
1/25/96
R 96-42 116-117
1/25/96
34.
35.
APPROVE FUNDING OF (1)
METROPOLITAN DADE COUNTY SPECIAL
HOUSING PROGRAMS DEPARTMENT, (2)
METROPOLITAN DADE COUNTY
DEPARTMENT OF HUMAN RESOURCES
OFFICE OF COMMUNITY SERVICES, (3)
CHRISTIAN COMMUNITY SERVICE
AGENCY, AND (4) ECONOMIC
OPPORTUNITY FAMILY HEALTH
CENTER -- TO PROVIDE ASSISTANCE
TO PERSONS WITH HIV / AIDS AND/OR
RELATED DISEASES -- ALLOCATE
FUNDS FROM 1995 HOUSING
OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) PROGRAM GRANT.
(A) AUTHORIZE MANAGER TO EXECUTE
AGREEMENT WITH U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
(HUD) -- FOR A SECTION 108 LOAN
GUARANTEE ($2.7 MILLION) -- TO
ASSIST IN FINANCING EXPANSION OF
EDISON PLAZA SHOPPING CENTER
(TACOLCY ECONOMIC DEVELOPMENT
CORPORATION PROJECT).
(B) COMMISSIONER DAWKINS (1)
DIRECTS ADMINISTRATION TO SEND A
N.E.T. TEAM TO INSPECT BUILDINGS
IN VICINITY OF EDISON PLAZA
SHOPPING CENTER PROJECT; AND (2)
REQUESTS VICE MAYOR GORT TO MEET
WITH THE MIAMI TIMES CONCERNING
THIS ISSUE.
36.E FIRST READING ORDINANCE:
ESTABLISH TWO SPECIAL REVENUE
FUNDS AND APPROPRIATE FUNDS FOR
THEIR OPERATION: (1) EDISON PLAZA
HUD, SECTION 108 ($2,700,000),
AND (2) EDISON PLAZA ECONOMIC
DEVELOPMENT INITIATIVE GRANT
($670,000), AS APPROVED BY U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- TOTAL
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) APPROPRIATION: $3,370,000.
R 96-44
1/25/96
R 96-45
1/25/96
ORDINANCE
FIRST
READING
1/25/96
118-119
119-133
133-134
37. RATIFY MANAGER'S FINDING OF
EMERGENCY SITUATION REQUIRING
INCREASE IN CONTRACT WITH
VENECON, INC. (DATED DECEMBER 8,
1995) -- FROM $85,000 TO
$174,900 -- FOR CAPITAL
IMPROVEMENT PROJECT: PIONEER CLUB
SEAWALL REPAIRS H-1086 --
ALLOCATE FUNDS FROM CIP 311823
(FUNDED FROM STATE SALES TAX
GRANT).
38. AUTHORIZE INCREASE ($5,346.96) IN
CONTRACT WITH R.L. SAUM
CONSTRUCTION CO. (AUTHORIZED BY R
i, 95-541) -- FROM $1,059,374.45 TO
$1,064,721.41 -- FOR ORANGE BOWL
MODERNIZATION PHASE III
SUPERBLOCK DEVELOPMENT - NORTH,
PROJECT B-6243 -- ALLOCATE FUNDS
FROM CIP 404240.
39. GRANT REQUEST FOR PERMISSION TO
USE THE MARINE STADIUM FOR
VOLUNTEER PARKING DURING THE
ROYAL CARIBBEAN CLASSIC
TOURNAMENT (JANUARY 29-FEBRUARY
4, 1996).
40. GRANT REQUEST BY CARNAVAL MIAMI
KIWANIS OF LITTLE HAVANA FOR
EXTENSION OF FIREWORKS DEADLINE
FOR (1) SPONSOR RECOGNITION PARTY
AT VIZCAYA MUSEUM (MARCH 8,
1996), AND (2) CARNAVAL MIAMI
INTERNACIONAL AT BAYFRONT PARK
(MARCH 91 1996).
41.GRANT REQUEST FROM THE SPECIAL
ASSESSMENT DISTRICT OF DOWNTOWN
MIAMI TO DRAFT PROPOSED
RESOLUTION TO ESTABLISH A SPECIAL
ASSESSMENT DISTRICT FOR ONE YEAR.
42. EMERGENCY ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND: GANG
RESISTANCE EDUCATION AND
TRAINING -- APPROPRIATE $100,000,
CONSISTING OF GRANT FROM BUREAU
OF ALCOHOL, TOBACCO AND
FIREARMS -- ACCEPT GRANT AWARD
AND EXECUTE NECESSARY DOCUMENTS.
i
R 96-46
1/25/96
R 96-47
1/25/96
R 96-48
1/25/96
R 96-49
1/25/96
M 96-50
1/25/96
EMERGENCY
ORDINANCE
11332
1/25/96
134-137
137-138
138-139
139-140
43. DISCUSS AND DEFER CONSIDERATION
OF PROPOSED EMERGENCY ORDINANCE
TO ESTABLISH SPECIAL REVENUE
FUND: "GANG REDUCTION ACTIVITIES
AND SPORTS PROGRAM,"
APPROPRIATING $178,136 CONSISTING
OF A GRANT FROM METROPOLITAN DADE
COUNTY.
44. SECOND READING ORDINANCE:
ESTABLISH NEW SPECIAL REVENUE
FUND: "WYNWOOD FREE TRADE ZONE
SECTION 108" -- APPROPRIATE
$5,500,000 FROM U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
(HUD), SECTION 108 LOAN
GUARANTEE.
45.
46.
SECOND READING ORDINANCE: AMEND
ORDINANCE 10840, WHICH
ESTABLISHED INITIAL
APPROPRIATIONS FOR THE COCONUT
GROVE SPECIAL EVENTS DISTRICT
FUND - FY 90-91 -- TO PROVIDE FOR
INCREASE OF $50,000 AS A RESULT
OF SUCCESSFUL COLLECTION OF
COCONUT GROVE SPECIAL EVENTS
DISTRICT SUPPLEMENTARY USER FEE.
SECOND READING ORDINANCE:
APPROPRIATE $16,000 TO SPECIAL
REVENUE FUND: "DERELICT VESSEL
REMOVAL GRANT AWARD PROGRAM" --
ACCEPT GRANT FROM FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP) -- EXECUTE
NECESSARY DOCUMENTS.
DISCUSS AND DEFER CONSIDERATION
OF PROPOSED FIRST READING
ORDINANCE TO AMEND CODE CHAPTEP
22 (GARBAGE AND TRASH), SETTIN
FORTH AREAS OF RESPONSIBILITY FO
NEIGHBORHOOD ENHANCEMENT TE
(NET) OFFICES PREVIOUSLY HELD B
DEPARTMENT OF SOLID WASTE -
STIPULATE THAT PROVISION B
INCLUDED IN LEGISLATION TO FIN
PROPERTY OWNERS WHO DO NOT HAVE
SUFFICIENT TRASH CONTAINERS.
G
R
AM
Y
E
E
DISCUSSION
1/25/96
ORDINANCE
11333
1/25/96
ORDINANCE
11334
1/25/96
ORDINANCE
11335
1/25/96
M 96-51
1/25/96
144-146
146-147
147-148
148-149
150-151
48.
49.
DISCUSS AND DEFER CONSIDERATION
OF PROPOSED FIRST READING
ORDINANCE TO AMEND CODE ARTICLE
XI, CHAPTER 54 (USE OF THE PUBLIC
RIGHTS -OF -WAY FOR INSTALLATION OF
PAY TELEPHONES, TO BROADEN
DEFINED SCOPE OF TERM "THREAT TO
THE HEALTH AND WELFARE OF THE
COMMUNITY") -- STIPULATE THAT
PROVISION BE INCLUDED IN
LEGISLATION WHEREBY COMMISSION
RETAINS CONTROL OVER AMOUNT /
LOCATION OF SIGNAGE.
DISCUSS AND DEFER CONSIDERATION
OF PROPOSED FIRST READING
ORDINANCE RELATING TO DISASTER
AND EMERGENCY PREPAREDNESS !
RESPONSE, PROVIDING FOR ADOPTION
OF EMERGENCY MANAGEMENT PLAN,
ETC. -- DIRECT CITY ATTORNEY TO
AMEND WORDING TO GRANT AUTHORITY
TO THE MAYOR TO DECLARE A STATE
OF LOCAL EMERGENCY -- STIPULATE
THAT MANAGER RETAIN HIS NORMAL
ADMINISTRATIVE POWERS DURING
EMERGENCY PERIOD -- STIPULATE
THAT ANY PROCUREMENT EXCEEDING
$50,000 MUST COME BEFORE THE
COMMISSION.
FIRST READING ORDINANCE: AMEND
CODE RELATED TO CITY OF MIAMI
GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' (GESE) RETIREMENT
TRUST: (1) SECTION 40-234 TO
REQUIRE THAT CERTAIN EMPLOYEES
HIRED AFTER MARCH 31, 1996 SHALL
BE MEMBERS OF THE GESE RETIREMENT
TRUST, AND (2) SECTION 40-235 TO
PROVIDE FOR CREDITABLE SERVICE
TRANSFER, PAST SERVICE BUY-BACK
AND REPAYMENT OF ANY OUTSTANDING
TRUST FUND ACCOUNT LOAN FOR
CERTAIN EMPLOYEES.
M 96-52
1/25/96
DISCUSSION
1/25/96
ORDINANCE
FIRST
READING
1/25/96
151-153
154-158
159-160
51.
52.
53.
54.
DISCUSS AND DEFER CONSIDERATION
OF PROPOSED RESOLUTION TO
REALLOCATE $100,000 FROM
COMMUMITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS PREVIOUSLY AWARDED
(1) FOR THE OVERTOWN YWCA
EXPANSION (PROJECT 705606), (2)
TO THE CITYWIDE COMMERCIAL FACADE
TREATMENT PROGRAM (PROJECT
799602), (3) TO REHABILITATE
BUSINESS PROPERTIES IN ALL 8
COMMUNITY DEVELOPMENT TARGET
AREAS, AND (4) TO ALLOCATE
$22,400 FROM PROJECT 799602
TOWARD REHABILITATION OF 16
BUSINESSES IN ALLAPATTAH AND
EDISON / LITTLE RIVER TARGET
AREAS.
REALLOCATE UNEXPENDED 21ST YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS ($100,000) FROM
PROJECT: "EDISON MARKET PLACE"
(PROJECT 702608) TO THE BELAFONTE
TACOLCY CENTER (PROJECT 702701)
(6161 N.W. 9 AVENUE) -- FOR
STRUCTURAL IMPROVEMENTS TO THE
CENTER.
DISCUSS AND DEFER CONSIDERATION
OF PROPOSED RESOLUTION TO
AUTHORIZE MANAGER TO EXECUTE
AGREEMENT WITH DR. ANTONIO JORGE,
CONSULTANT, TO UPDATE THE CITY OF
MIAMI STRATEGIC PLAN OF 1990 --
INSTRUCT MANAGER TO DISCUSS
PROPOSED STRATEGIC PLAN IN
GREATER DETAIL WITH COMMISSIONER
DAWKINS PRIOR TO NEXT COMMISSION
MEETING.
AMEND RESOLUTION 95-888 AND
ATTACHED AGREEMENTS -- ACCEPT
INCREASE IN AMOUNT OF LIEN OF THE
CNB MORTGAGE (TO WHICH CITY'S
LIEN IS SUBORDINATE) FROM
$2,400,000 TO $2,985,000 -- TO
FINALIZE FINANCING FOR
DEVELOPMENT, BY WEST BRICKELL
APARTMENTS, LTD. OF 130 UNITS OF
AFFORDABLE HOUSING AT S.W. 10
STREET AND S.W. 2 AVENUE.
DISCUSSION 160
1/25/96
R 96-53 160-161
1/25/96
M 96-54 161-164
1/25/96
55. RATIFY MANAGER'S FINDING OF R 96-56
EMERGENCY NEED -- WAIVE SEALED 1/25/96
BIDS -- ACCEPT INFORMAL BID OF
CHISHOLM BROTHERS, INC. -- FOR
REPLACEMENT OF ROOF AND ROOF
MOUNTED AIR CONDITIONING
EQUIPMENT AT THE SOLID WASTE
BUILDING -- ALLOCATE $62,164.
56. AMEND RESOLUTION 95-812, WHICH R 96-57
ACCEPTED BIDS FROM VARIOUS 1/25/96
VENDORS FOR FURNISHING TIRES AND
k TUBES TO DEPARTMENTS OF GENERAL
SERVICE ADMINISTRATION / SOLID
WASTE AND FIRE -RESCUE --- (1)
RESCIND AWARD MADE TO SOUTHWEST
CYCLE COMPANY ($10,747), (2)
DECREASE AWARD TO MARTINO TIRE
COMPANY FROM $147,674.99 TO
$27,674.99, (3) INCREASE AWARD TO
SOUTH DADE AUTOMOTIVE FROM
$12,531 TO $132,531, AND (4)
DECREASE TOTAL AMOUNT FROM
$308,994.49 TO $298,247.49.
57. CLAIM SETTLEMENT: MARTHA R 96-58
FERNANDEZ, INDIVIDUALLY, AND LUIS 1/25/96
FERNANDEZ, INDIVIDUALLY AND AS
PERSONAL REPRESENTATIVE, ESTATE
OF MARISOL OVIEDO, DECEASED
($150,000).
58.
BRIEF COMMENTS CONCERNING
PROPOSED STIPULATED SETTLEMENT
WITH CELEBRATION EXCURSIONS OF
MIAMI, INC. (Note: Due to an
Administrative scrivener's error
Motion 96-59 was deleted from the
record.] (See label 91)
AUTHORIZE MANAGER TO EXECUTE
HIGHWAY LANDSCAPE MAINTENANCE
AGREEMENT WITH FLORIDA DEPARTMENT
OF TRANSPORTATION -- FOR
MAINTENANCE BY THE CITY OF
LANDSCAPED MEDIAN STRIPS ON SOUTH
DIXIE HIGHWAY (U.S. 1) RIGHTS -OF -
WAY FROM SR 9A/I-95 TO S.W. 37
AVENUE.
DISCUSSION
1/25/96
R 96-60
1/25/96
166-169
169-170
170-174
174
175
60.
ACCEPT BID: W.P. AUSTIN
R 96-61
176-180
i
CONSTRUCTION CORP. ($995,939)
1/25/96
TOTAL BID OF PROPOSAL FOR "MIAMI
POLICE DEPARTMENT - HEADQUARTERS
BUILDING CONCRETE REPAIRS AND
EXTERIOR RESTORATIONS, PART A, B,
& C" (B-6248 A,B,&C) -- ALLOCATE
FUNDS FROM CIP 312030 ($995,939:
CONTRACT COST, $163,839:
ESTIMATED EXPENSES, ESTIMATED
TOTAL: $1,159,778).
61.
ACCEPT BID: R.C. ROOFING CORP.
R 96-62
180-181
($89,200) TOTAL BID OF PROPOSAL
1/25/96
FOR PROJECT: "BELAFONTE-TACOLCY
CENTER, ROOF REPLACEMENT, B-
3254" -- ALLOCATE FUNDS FROM CIP
331364 ($89,200: CONTRACT COST,
j .., ...,..
$14,895: ESTIMATED EXPENSES,
ESTIMATED TOTAL: $104,095).
62.
ACCEPT BID: VENECON, INC.
R 96-63
181-184
($220,000) TOTAL BID OF PROPOSAL
1/25/96
FOR PROJECT: "ORANGE BOWL
MODERNIZATION PHASE III, A.D.A.
ACCESSIBILITY NORTHEAST QUADRANT,
PROJECT B-6256."
63.
BRIEF COMMENTS BY COMMISSIONER
DISCUSSION
184-185
DAWKINS CONCERNING CERTAIN
1/25/96
CONSENT AGENDA ITEMS HE WANTED TO
i ?
RECONSIDER.
t •,
APPOINT JOHN GALE, RICARDO NUNEZ-
R 96-64
185-186
PORTUONDO, AND ANTONIO LLANO
1/25/96
MONTE TO SERVE ON THE
INTERNATIONAL TRADE BOARD.
65.
APPOINT AL HUSTON AND EDUARDO
R 96-65
187-188
LACASA TO SERVE ON THE MIAMI
1/25/96
SPORTS AND EXHIBITION AUTHORITY
(MSEA).
1, 66.
(Continued) COMMISSIONER PLUMMER
DISCUSSION
188-189
STATES HE WILL CHECK ON
1/25/96
t'
NOMINATION OF COMMISSIONER
CAROLLO TO THE PERFORMING ARTS
CENTER TRUST (PACT). (See label
t
1
22)
I 67.
(Continued) APPOINT TUCKER GIBBS
R 96-66
189-191
l
TO SERVE AS AN ALTERNATE MEMBER
1/25/96
OF THE ZONING BOARD. (See label
24)
s
i
,r.
�ii
0
68.
69.
70.
71.
72'.
(Continued) DISCUSSION CONCERNING
CONFLICT OF INTEREST IN
CONNECTION WITH ANGEL GONZALEZ
SERVING AS A MEMBER OF THE
CITYWIDE COMMUNITY REDEVELOPMENT
ADVISORY BOARD.
VICE MAYOR GORT INQUIRES ABOUT
VACANCIES ON THE INTERNATIONAL
TRADE BOARD (ITB).
AUTHORIZE FUNDING OF A
PRODUCTION, IN CONJUNCTION WITH
THE COCONUT GROVE PLAYHOUSE,
ENTITLED: "BURNING DREAMS" --
ALLOCATE $100,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
GRANT REQUEST FOR FEE WAIVER
($60,000) IN CONNECTION WITH THE
THIRTY-THIRD ANNUAL COCONUT GROVE
ARTS FESTIVAL (FEBRUARY 17-19,
1996) -- SAID GROUP TO DONATE
PIECE OF ART TO CITY AS MEMENTO
OF CENTENNIAL.
COMMISSIONER PLUMMER CORRECTS
LANGUAGE IN MOTION 95-883 TO READ
MIAMI SYMPHONY ORCHESTRA (NOT
PHILHARMONIC).
INSTRUCT MANAGER TO PLACE BANNERS
NEXT TO THE CITY SEAL IN CITY
HALL COMMISSION CHAMBERS TO
PROMOTE CITY OF MIAMI CENTENNIAL.
DIRECT ADMINISTRATION TO SECURE
THE ROYAL PALM ICE HOUSE ON U.S.1
AND DOUGLAS ROAD (S.W. 37 Avenue)
WHICH PRESENTLY SERVES AS AN
UNSUPERVISED HOMELESS DRUG
CENTER.
FIRST READING ORDINANCE: AMEND
CODE SECTION 54.5-11, RELATING TO
SUBDIVISION REGULATIONS -- PERMIT
PROPERTY OWNERS TO SUBMIT
COVENANTS IN LIEU OF UNITY OF
TITLE.
DISCUSSION 191-192
1/25/96
DISCUSSION 192-193
1/25/96
R 96-67 193-194
1/25/96
R 96-68 194-195
1/25/96
DISCUSSION 195
1/25/96
M 96-69 196
1/25/96
DISCUSSION 196-197
1/25/96
76. DIRECT MANAGER TO SCHEDULE KNIGHT
MANOR PROJECT (RESOLUTION 95-853)
FOR NEXT COMMISSION MEETING --
STIPULATE THAT IF NO AGREEMENT IS
REACHED BETWEEN PROJECT PROPOSERS
AND THE LAW DEPARTMENT, MANAGER
SHOULD PREPARE AN RFQ IN
CONNECTION WITH CONSTRUCTION OF
ADEQUATE AFFORDABLE HOUSING.
DISCUSSION 199
1/25/96
77. COMMISSIONER DAWKINS REQUESTS DISCUSSION 199-200
a, POLICE DEPARTMENT TO PURCHASE 1/25/96
i NIGHT -VISION CAMCORDERS TO ASSIST
NORTH AND CENTRAL STATIONS FIGHT
CRIME IN N.W. 12 AVENUE AND N.W.
40 STREET AREA.
78. COMMISSIONER PLUMMER COMMENDS DISCUSSION 200-201
POLICE DEPARTMENT, DOWNTOWN 1/25/96
DEVELOPMENT AUTHORITY (DDA), AND
MANAGER IN CONNECTION WITH THEIR
ACTION IN WEST GROVE -- MANAGER
INFORMS COMMISSION THAT THE
ACTION IS CITYWIDE.
79. (Continued) NOMINATE CHARLES M 96-70
FERNANDEZ TO THE BOARD OF 1/25/96
a DIRECTORS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA).
(See label 20)
80. FIRST READING ORDINANCE: APPROVE
CREATION OF SPECIAL TAXING
DISTRICT BY METROPOLITCAN DADE
COUNTY FOR FOUR WAY LODGE ESTATES
TO PROVIDE TWENTY-FOUR HOUR
STATIONARY GUARD SECURITY
SERVICE --- APPROVE CONSTRUCTION
OF GUARD HOUSE FACILITY --
INSTALL AND OPERATE TRAFFIC
CONTROL DEVICES -- AUTHORIZE AND
i APPROPRIATE $100,000 FOR SAID
�. IMPROVEMENT -- PROVIDE TITLE
INSURANCE AND GUARD HOUSE
LOCATION -- REQUIRE EXECUTION OF
INTERLOCAL AGREEMENT BETWEEN CITY
AND COUNTY.
ORDINANCE
FIRST
READING
1/25/96
202
202-204
81..E
RESCIND MOTION 89-90 -- ASSIGN
R 96-71
E
EXCLUSIVE RIGHT TO MIAMI SPORTS
1/25/96
}'
AND EXHIBITION AUTHORITY (MSEA)
TO DESIGNATE PARKING IN FRONT OF
MIAMI ARENA, SUBJECT TO REVIEW BY
CITY ATTORNEY AND POLICE
DEPARTMENT. (See label 84)
82.
AUTHORIZE PURCHASE OF 1,200
R 96-72
FLORIDA LAW ENFORCEMENT
1/25/96
HANDBOOKS - DADE COUNTY EDITION
FROM METRO DADE COUNTY POLICE
DEPARTMENT -- ALLOCATE $10,680.
83.
DIRECT MANAGER TO CLEAN UP /
DISCUSSION
REPAIR THE STEPHEN P. CLARK
1/25/96
BUILDING AT MELREESE GOLF COURSE.
84.,.......
(Continued) CLARIFYING COMMENTS
DISCUSSION
CONCERNING PARKING ADJACENT TO
1/25/96
MIAMI ARENA. (See label 81)
8.5.............. ..
DISCUSSION CONCERNING RESPONSE TO
DISCUSSION
LETTER FROM JOHN BLAISDELL,
1/25/96
PRESIDENT, LEISURE MANAGEMENT
INTERNATIONAL, IN CONNECTION WITH
i THE MIAMI HEAT AND MIAMI ARENA.
RESCHEDULE BOTH FEBRUARY R 96-73
COMMISSION MEETINGS TO TAKE PLACE 1/25/96
ON FEBRUARY 29, 1996. (See label
109)
(A) COMMISSIONER CAROLLO
REITERATES HIS PRIOR REQUEST FOR
CITY ATTORNEY TO PREPARE
LEGISLATION TO ALLOW FOR A
TRANSITION PERIOD FOR NEWLY -
ELECTED CITY COMMISSIONERS.
(B) DIRECT CITY ATTORNEY TO DRAFT
ORDINANCE CONCERNING COMMUNITY
BASED ORGANIZATIONS (CBOS),
WHEREBY IN ORDER FOR CITY TO
HONOR FUNDING REQUESTS: (A) 90
PERCENT OF CBO MEMBERS MUST LIVE
WITHIN CITY LIMITS, AND (B) 75
PERCENT OF PROPOSED 90 PERCENT
MUST LIVE WITHIN THE BOUNDARIES
OF THE TARGET AREAS THEY
REPRESENT.
DISCUSSION
1/25/96
205-208
209-210
210
210-211
211-215
215-217
217-218
88.
89
MAYOR CLARK ANNOUNCES THAT U.S.
DISCUSSION
218-219
DEPARTMENT OF JUSTICE WILL BE
1/25/96
AWARDING A $840,000 GRANT IN
CONNECTION WITH HIRING 11 POLICE
OFFICERS.
(A) FIRST READING ORDINANCE:
ORDINANCE
219-222
AMEND CODE CHAPTER 53 -- PROVIDE
FIRST
FOR VESSEL REGULATIONS APPLICABLE
READING
TO THE MIAMARINA.
R 96-74
(B) AUTHORIZE MANAGER TO ENTER
1/25/96
INTO THIRD AMENDMENT TO
SETTLEMENT AGREEMENT WITH PIER 5
BOATMEN'S ASSOCIATION, INC. --
CLARIFY BOATMEN'S ASSIGNMENT AND
SUBSTITUTION RIGHTS -- INCREASE
DOCKAGE FEES.
EXPRESS SYMPATHY AND CONDOLENCES
R 96-75
222-223
TO FAMILY AND FRIENDS OF GUO
1/25/96
QIANG SITU.
(Continued) AUTHORIZE CITY
R 96-76
223-225
ATTORNEY TO ENTER INTO A
1/25/96
STIPULATED SETTLEMENT WITH
CELEBRATION EXCURSIONS OF MIAMI,
INC. -- TO RESOLVE PENDING
LITIGATION PROCEEDINGS (CIRCUIT
COURT CASE NO. 95-02485 CA 13).
(See label 58)
DISCUSSION CONCERNING OLD LEASES
DISCUSSION
225
BETWEEN THE CITY AND ITS TENANTS,
1/25/96
AS WELL AS ANY CONTRACTUAL
AGREEMENTS INVOLVING CORPORATIONS
AS LESSEES -- INSTRUCT MANAGER TO
REVIEW LEASES, CONTRACTUAL
AGREEMENTS AND LOANS TO ENSURE
TIMELY PAYMENTS ARE MADE.
CITY ATTORNEY UPDATES COMMISSION
DISCUSSION
226-229
ON THE POTTINGER CASE (HOMELESS
1/25/96
APPEAL).
i
i
94.
(A) CONTINUE PROPOSED RESOLUTION
DISCUSSION 229-230
IN CONNECTION WITH AN APPEAL
1/25/96
CONCERNING CONSTRUCTION /
INSTALLATION OF A CELLULAR
COMMUNICATIONS FACILITY AT 8425
BISCAYNE BOULEVARD. [Applicant:
T.N.A. Palms, Inc. (owners) /
BellSouth Mobility, Inc.
(lessee). Appellant: BellSouth
Mobility, Inc.]
(B) CONTINUE PROPOSED RESOLUTION
j�
CONCERNING SPECIAL EXCEPTION TO
ALLOW A FINANCIAL DRIVE -THROUGH
FACILITY AT 2200 SOUTH DIXIE
HIGHWAY. [Applicant: Tri-W
Investment Co. of Dade County
(owner) / J.P. O'Neill for Bank
Atlantic, FSB (buyer).]
95.
DENY APPEAL OF CLAUDETTE
R 96-77 231-232
NELSON -- AFFIRM HISTORIC AND
1/25/96
ENVIRONMENTAL PRESERVATION
BOARD'S DENIAL OF AN AFTER -THE -
FACT CERTIFICATE OF
APPROPRIATENESS FOR CONSTRUCTION
OF A CARPORT IN FRONT YARD AT 91-
��`
93 N.E. 42 STREET (WITHIN THE
BUENA VISTA EAST HISTORIC
DISTRICT).
96,.,
APPROVE MAJOR USE SPECIAL PERMIT,
R 96-78 232-237
WITH CONDITIONS, FOR THE YACHT
1/25/96
CLUB AT BRICKELL PROJECT (1111 S.
BAYSHORE DRIVE). [Applicant: New
York Life Insurance Co. (owner) /
The Related Group of Florida
(buyer).]
97.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION 237-238
CONSIDERATION OF PROPOSED
1/25/96
RESOLUTION TO APPROVE A MAJOR USE
i1
SPECIAL PERMIT FOR THE MASTER
PLAN OF THE WOODLAWN PARK
CEMETERY PROJECT ( 32 6 0 S.W. 8
STREET). (See label 99)
s
DISCUSS AND CONTINUE
CONSIDERATION OF PROPOSED
RESOLUTION TO CLOSE PORTIONS OF
N.W. 3 COURT, N.W. 4 AVENUE, N.W.
22 LANE, N.W. 22 TERRACE AND N.W.
22 STREET ALLEY WAY. [Applicant:
Wynwood Community Economic
Development / Dade Foreign Trade
Zone.]
DISCUSSION
1/25/96
(Continued) APPROVE MAJOR USE R 96-79
SPECIAL PERMIT, WITH CONDITIONS, 1/25/96
FOR MASTER PLAN OF WOODLAWN PARK
CEMETERY PROJECT (3260 S.W. 8
STREET). (See label 97)
SECOND READING ORDINANCE: AMEND
11000 (ZONING ORDINANCE),
"NONCOMFORMING STRUCTURES" --
LIMIT PERCENTAGE OF ALTERATIONS /
MODIFICATIONS / EXTENSIONS OF
EXISTING NONCOMFORMING
STRUCTURES -- PROHIBIT
ENLARGEMENTS / EXTENSIONS OF
NONCONFORMING ACCESSORY
STRUCTURES -- REQUIRE A SPECIAL
EXCEPTION PERMIT FOR ENLARGEMENTS
/ EXTENSIONS OF NONCONFORMING
PRINCIPAL STRUCTURES.
[Applicant: Community Planning &
Revitalization
SECOND READING ORDINANCE:
ESTABLISH APPROPRIATIONS FOR CITY
OF MIAMI CAPITAL IMPROVEMENTS --
CONTINUE / REVISE PREVIOUSLY
APPROVED CAPITAL IMPROVEMENT
PROJECTS -- ESTABLISH NEW
PROJECTS TO BEGIN DURING FY 1995-
96. [Applicant: Office of Asset
Management and Capital
Improvements.]
FIRST READING ORDINANCE: AMEND
CODE CHAPTER 62, ARTICLE VI
(ZONING AND PLANNING FEES) --
ESTABLISH NEW METHOD FOR
CALCULATION OF FEES FOR MULTIPLE
VARIANCES FOR ONE STRUCTURE.
[Applicant: Community Planning
and Revitalization Department.]
ORDINANCE
11336
1/25/96
ORDINANCE
11337
1/25/96
ORDINANCE
FIRST
READING
1/25/96
238-239
240-244
244-245
246-247
247-248
104.
FIRST READING ORDINANCE: AMEND
CODE CHAPTER 62, ARTICLE VI
(ZONING AND PLANNING FEES) --
PROVIDE FOR PARTIAL DEFERMENT OF
CERTAIN FEES ASSOCIATED WITH
APPLICATION FOR / ISSUANCE OF A
MAJOR USE SPECIAL PERMIT FOR
DEVELOPMENT ACTIVITY IN A DULY
DESIGNATED CITY REDEVELOPMENT
DISTRICT. [Applicant: Community
Planning and Revitalization
Department.]
FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE (11000), SECTION
905.2, SEPARATION OF RESIDENTIAL
AND NONRESIDENTIAL USES, AND
SECTION 908.8, FENCES, WALLS AND
HEDGES -- ADD REGULATIONS
PERTAINING TO FINISHING OF WALLS
ON BOTH SIDES AND TO REQUIRE NEW
NONRESIDENTIAL DEVELOPMENT TO
CONSTRUCT REQUIRED WALL PRIOR TO
COMMENCEMENT OF WORK.
[Applicant: Community Planning
and Revitalization Department.]
FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE (11000), SECTION
401, SCHEDULE OF DISTRICT
REGULATIONS -- MODIFY SIGN
REGULATIONS FOR HOTEL USES WITH
OFFICE ZONING DISTRICT
CLASSIFICATION. [Applicant:
Community Planning and
Revitalization Department.]
ORDINANCE 249-250
FIRST
READING
1/25/96
ORDINANCE 250-252
FIRST
READING
1/25/96
i
106.
107.
108.
,
FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE (11000) -- (1)
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS (A) ALLOW STATE OF
FLORIDA LICENSED FRANCHISE MOTOR
VEHICLE DEALERS AS PERMITTED
PRINCIPAL USE, (B) ALLOW RENTAL -
PURCHASE STORES AS CONDITIONAL
PRINCIPAL USE BY CLASS II SPECIAL
PERMIT -- IN C-1 RESTRICTED
COMMERCIAL ZONING DISTRICT; (2)
SECTION 602 -- ALLOW BREWERY -
RESTAURANTS AS CONDITIONAL
PRINCIPAL USE IN SD-2 COCONUT
GROVE CENTRAL COMMERCIAL
DISTRICT; (3) SECTION 613 --
ALLOW DECORATIVE PLUMBING FIXTURE
SHOWROOMS AS PERMITTED PRINCIPAL
USE IN SD-13 S.W. 27 AVENUE
GATEWAY DISTRICT; (4) SECTION
915, HEIGHT REGULATION
GENERALLY -- PROVIDE EXCEPTION TO
F.S. 333.03(3) BY CLASS I SPECIAL
PERMIT FOR CONSTRUCTION OF
EDUCATIONAL FACILITIES WITHIN
CLEAR ZONE OF MIAMI INTERNATIONAL
AIRPORT; (5) SECTION 918, OFFSITE
PARKING -- ALLOW TEMPORARY
OFFSTREET PARKING FOR
CONSTRUCTION CREWS BY CLASS I
SPECIAL PERMIT; AND (6) SECTION
2502 -- PROVIDE DEFINITIONS.
[Applicant: Community Planning
and Revitalization Department.]
ORDINANCE
FIRST
READING
1/25/96
APPROVE WATSON ISLAND POLICY PLAN R 96-80
1996 -- RESCIND RESOLUTION 89-199 1/25/96
(WATSON ISLAND MASTER PLAN 1989).
[Applicant: Community Planning
and Revitalization Department.]
BRIEF COMMENTS CONCERNING DISCUSSION
CENTENNIAL GALA BALL (FEBRUARY 1/25/96
24TH).
109. (Continued) SET STARTING TIME DISCUSSION
FOR FEBRUARY 29TH COMMISSION 1/25/96
MEETINGS. (See label 86)
1✓
254-255
255-257
257-258
258-259
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 25th day of January, 1996, 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 9:06 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
NWs\VYi 0R, *113Q AI
Mayor Stephen P. Clark
Vice Mayor Wifredo Gort
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Mayor Clark, who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
ministration wit rew t e following agenda items: CA-5, CA-6,
CA-B, CA-9, CA-10, CA-22, 5, 55, 56, 59, 63, 64, 65, 71, and 75.
----------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
Proclamation: Dr. Manuel Rico Perez Day -- for his numerous endeavors on behalf
of the needy. (Presented by Vice Mayor Gort.)
Presentation of plaque to Mayor Stephen P. Clark by the Miccousukee Tribe of
Indians of Florida. (Presented by Ray Cantillo, Consultant of Government Affairs of
the Miccousukee Tribe of Indians of Florida.)
Presentation of plaque to Commissioner Miller Dawkins by the Culmer-Overtown j
CAA Advisory Committee.
1 January 25, 1996
(D)
Proclamation: "Amigos Together For Kids" Day -- for their numerous endeavors on
behalf of South Florida's needy children. Presented by Vice Mayor Gort to Jorge
Plasencia.
----------------------------------------------------------------------------------------------------------------
2. A)CONSENT AGENDA
B)DISCUSS AND DEFER PROPOSED ALLOCATION OF FUNDS ($14,000)
FROM 21ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, PROJECT NO. 799613, FOR REHABILITATION OF TWO (2)
BUSINESSES LOCATED IN ALLAPATTAH TARGET AREA, IN
CONJUNCTION WITH COMMERCIAL CODE COMPLIANCE
PROGRAM.
Mayor Clark: For your edification, ladies and gentlemen, your attention, please. We are now
going over the Consent Agenda. Any person who seeks to address the Commission on any items
_...,appearing on the Consent Agenda for public discussion is invited to do so, and as soon as shall
be possible to inform the City Clerk of his or her desire, name, and to speak. That person should
approach. Is there... On item... Are there any corrections on the agenda?
:.';,Mrj , asar..Odio (City Manager): Sir, there are some withdrawals, Mr. Mayor. CA-5, CA-6, CA-
&gAr.9,and CA-10, CA-22. They were withdrawn by Commissioner Dawkins.
Mayor Clark: Are there any corrections from the Commission, other than that?
Commissioner Carollo: Mr. Manager, I just want to go over item CA-11. The... What is the
policy that we have established for this particular allocation in this Commercial Code
Compliance Program?
Mr. Odio: This is the people that... businesses that applied for facade improvements, like
Salgado Corporation, and Produce Connection. They are being allocated the maximum that we
can, which is ten thousand dollars ($10,000). We have done that throughout the whole City.
Commissioner Carollo: But my question... Well, it says here fourteen thousand, so obviously,
there are two people. It is not the maximum allocated. It's less than that, even if we divide it in
half, seven thousand apiece. But my question is. What I want to make sure that we don't do
anywhere in the City is to reward people that have purposely been committing Code violations.
And this, as I understand it, has to do with the Commercial Code Compliance Program. I believe
one has to do with electrical violations. The other one has to do with fireproof... fireproofing the
walls violations. And I'd just like to get some clarification, not just for this here, but for, I'm
Sure, many others that we're going to receive in the future from different segments of the
communities.
Mr. Odio: Let me correct myself. I said "facade." In the run down areas, we are providing for
small businesses to come into Code compliance. We have grants that we are allowing so that
they can become... you know, that they can operate without the concern that we can shut them
down. That's the concept of this plan, and I think it's a good one. We have many areas of the
City that can... businesses cannot afford to upgrade their electrical and plumbing, or whatever,
and then they have to close down and leave.
Commissioner Carollo: I'm not saying that it's not. I just want to get a clarification of how
we're going and proceeding about this, because I... What I don't want it to become is a reward
2 January 25, 1996
-40
for people that have purposely violated the Code, and on top of that, we're going to reward them.
We're giving them money to help alleviate the problem. Now, I don't know what guidelines or
parameters we might have on this, but, for instance, do any of these two companies have a
history of violations? Have they received fines from the City of Miami? Have they paid those
fines, for instance, if they do have any? And again, my questions are being referred in general.
Not just to these two, but anyone else that we might have in the future. It's got nothing to do
with these two people here, or two corporations.
Mr. Elbert Waters: OK. No. What we've done... Good morning, Commissioners.
Commissioner Carollo: Good morning, sir.
Mayor Clark: Please identify yourself.
Mr. Waters: Yes, sir. Thank you, Mr. Mayor. For the record, my name is Elbert Waters. I'm
the Director of the City of Miami's Department of NET (Neighborhood Enhancement Teams).
Commissioner Carollo: And by the Way, Elbert, congratulations on the new appointment.
Mr. Waters: Thank you, Mr. Commissioner. I appreciate it. Regarding this particular program,
what we are attempting to do, as it relates to improving all of the neighborhoods within Miami,
the fact that we're trying to allow companies who may, in some instances, have had some
__._yiolatioias., in this particular case, one - but what we're attempting to do is afford them an
opportunity to, one, bring those properties up to Code, and provide an incentive so that those
same companies would not be displaced outside of the City of Miami. So there are two
programs that we have. One... In this case, it's a 70/30 split. We also have a Commercial
Facade Improvement Program, so once they're brought up to Code, they also have an
opportunity to participate in actually the physical improvements of their respective businesses.
Mayor Clark: All right. Mr. Dawkins.
Commissioner Dawkins: I yield to Commissioner Gort, and then I'll...
Commissioner Carollo: I... I...
Commissioner Dawkins: Oh, I'm sorry. Are you finished?
Commissioner Carollo: I appreciate that, but that really didn't address my question. My
question is... And to clarify to you even more, it's my understanding that we have some one
hundred and fifty million dollars ($150,000,000) or more of outstanding fines for Zoning and
Code violations in the City of Miami presently, that either no attempt or very little attempt is
being done to collect that. And what I want to make sure is that we do not give monies to any
businesses that we might help them in one violation, but maybe they have others that they're still
going to be in violation, that they have had a history of violations. And on top of that, they
might be in our books for owing the City thousands of dollars in fines. And I... You know, I
need to be clear on the guidelines that we have established for this. And if the guidelines aren't
clear enough, or might need tightening up, then I want to make sure that we do that.
Mr. Waters: Mr. Commissioner, what we will do in that regard... Go ahead.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, if I might, just to augment what Mr.
Waters has said, we have undertaken a very aggressive program of collecting fines, and
foreclosing on properties where... to the extent allowed by law, where we can. This last year
alone, I think we collected somewhere in the neighborhood of over six hundred some thousand
3
January 25,199f
0
dollars. The figure that's being thrown around, that it's a million plus fines on paper is really...
really not accurate. It's accurate from the standpoint of what the paper shows, but the realistic
part of it is that many of those fines are far in excess of what the value of the properties are.
They're homestead properties in many instances, and you're never going to get those fines
collected. So what we've done is where we... Like I said, where we can collect, we have
collected. Where we have been able to foreclose, we've filed foreclosure actions, and we are
seeing some substantial results, and I'll meet with you and share those with you.
Commissioner Carollo: I would gladly do that. But, you know, as I understand it, even though
you might not be able to collect fines on some people, in the near future, when you place liens on
properties, sooner or later, you're going to collect that fine, if that property is ever going to be
placed on the market to be sold. So I don't think it's quite correct that we will never collect on
some of those. Now, the question is, do we want to be humanitarian about it? And I think we
should. So in that sense, I would agree with you in the procedure that we should follow. But I
guess the bottom line is, you know, I really haven't received an answer to the question as to...
Mr. Waters: Let me see if I can clear...
Commissioner Carollo:... if we made the checks that I've asked.
Mr. Waters: Yes, sir. Let me see if I can clear it up for you. What normally happens is, we
have businesses... how this was prompted. We have businesses who have obtained an
......occupational license, and then, they, in turn, need to apply for a Certificate of Use, a CU. In
order for them to receive that Certificate of Use, those buildings that they are located in must
meet our Code requirements. That is, they must have... You know, safety factors dealing with
plumbing, electrical, and the like.
Commissioner Carollo: So these two are new businesses, then
Mr. Waters: Yes, sir. So what happens is, oftentimes, these are older buildings. Those... It's a
very, very expensive proposition for the businesses to bring it up to Code. And so what we've
attempted to do, especially within our CD (Community Development) targeted areas, is to afford
some sort of incentive to keep the businesses there by giving them at least some help, as it relates
to bringing them up to Code.
Commissioner Carollo: And that's what we should be using this money for.
Mr. Waters: Yes, sir.
Commissioner Carollo: So with that, I have no problem. But I just want to get it on the record
that these two corporations have no outstanding fines for any Code violation at all.
Mr. Waters: For the record, these two corporations, Salgado and Produce Connection, have no
Code violations.
Commissioner Carollo: And that there are no other violations, other than the ones that have been
stated to us here.
Mr. Waters: Yes, sir. There are no other violations.
Mayor Clark: All right.
Commissioner Carollo: Very good.
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: Mr. Gort wants to say something. I yield to Willy, and then I'll speak,
Mr. Mayor.
Commissioner Carollo: And I just want to make sure that for the future, we abide by the
guidelines that I've described here.
Mr. Waters: Oh, we will.
Mayor Clark: Mr. Gort.
Commissioner Carollo: That's fine. Thank you.
Vice Mayor Gort: I think the point that Joe is bringing up is very important, that we need to
abide by those guidelines. But I also want to explain that the reason this came about is because
we have a very strong Code enforcement in all the neighborhoods. We began that about two
years ago. And there's a lot of people that found out through this, there was minor Code
enforcements. They needed to be brought up to date, a lot of violations with it. They were not
aware of it. And that happened when we had the facade plan to fix it, especially in those poorer
neighborhoods where they need it. But I agree with Joe. I think we have to have... Those
people who have repeated violations should not have the right to do so.
Commissioner Dawkins: Mr. Manager, would you have Mr. Waters explain the difference for
me? What is the difference between the rehabilitation money and the facade money?
Mr. Waters: The differences would be, Commissioner, is that for rehabilitation, those dollars
would be used to bring those businesses into Code compliance. Rehab would encompass
anything from electrical and mechanical improvements. It could be possibly roofing, structural
types of situations that a business may encounter. On the other hand, for the facade
improvement, that program is limited, limited in the sense that we can only... We are only
utilizing those dollars for very, very cosmetic types of improvements, such as painting, as an
example, of a building. But it's not... We don't have monies available, I guess, to do full scale
structural improvements with those particular dollars. So what we're doing is, one, we're
bringing buildings up to Code compliance, i.e., with electrical, mechanical and the like. And on
the other hand, we're giving an opportunity for those same businesses to take advantage of
beautifying their buildings.
Commissioner Dawkins: What is the criteria for applying to and being accepted into the
rehabilitation program?
Mr. Waters: In order for a business to participate in the rehabilitation program, those businesses
must lie or be located within one of our eight Community Development targeted areas.
Commissioner Dawkins: Is Overtown, Northwest 3rd Avenue, in one of your target areas?
Mr. Waters: Yes, sir.
Commissioner Dawkins: How much money is allocated for the rehabilitation of businesses in
that area?
Mr. Waters: It's on a first come first serve basis, Commissioner.
Commissioner Dawkins: So now...
5
Mr. Waters: We...
Commissioner Dawkins: Hold it, now. Hold it right there. Hold it. First come, first served.
OK. Now, we have businesses in Little Havana that need help. First come, first served. We
have businesses in Coconut Grove that need to be rehabed. First come, first served. How much
money are you talking about available to the first come, first served, and how do you notify
people that come first?
Mr. Waters: OK. How we notify individuals to take advantage of the program, as you may be
well aware, we have 13 NET Service Centers. Within the total 13, there are eight that are
located within our eight CD targeted areas. We have numerous neighborhood meetings. We try
to get information out through our Channel NET, NET-9, in terms of our local access station.
We try to do a number of - I would say - innovative things to try to get the word out. The
. program is brand new. It hasn't really been tested, but we're... we're very, very...
Commissioner Dawkins: Mr. Manager - I mean Mr. Mayor and fellow Commissioners, I don't
i do this. I usually pull items that I'm concerned about. But I have great difficulty in the
Administrator telling me that there is money, but it's given on a first come, first served basis, and
not telling me how much money is available, and how you can be one of the first to come, to be
one of the first served. I have difficulty with that.
i
Commissioner Plummer: I don't... Mr. Mayor, I only have... I'm sorry. Are you finished,
Miller?
Mr. Waters: May I... Let me... Excuse me, Commissioner Plummer. May I...
Commissioner Plummer: I'll wait.
Mr. Waters: ... address that question? Regarding the amount of monies that are available for
this program, we have approximately two hundred and twenty thousand dollars ($220,000) for
Citywide...
Commissioner Dawkins: So first come, first served. If a man comes first with two hundred
thousand dollars ($200,000), he gets the whole two hundred thousand...
Mr. Waters: No, sir. No, sir. No, sir.
Commissioner Dawkins:... because he was the first to come, to be first served.
Mr. Waters: No, sir. Let me... Let me explain. What occurs is, the individual who comes to
participate in this particular program, there is a 70/30 split, as relates to the program: 70 percent,
up to seven thousand dollars (�7,000) for the business, and the City of Miami's contribution
! would be ten.
i
Commissioner Dawkins: Wait, now. Wait. He puts 70...
Mr. Waters: No, I'm sorry. The City of Miami puts 70. The business places 30.
f
Commissioner Dawkins: Puts 30.
Mr. Waters: So as an example, if a business has... The maximum amount for this particular
program...
j 1
6 January 25, 1996
L:
Commissioner Dawkins: Hold it. Mr. Mayor, we already have a policy that if you're going to
discuss an item, pull it. I did not pull this. I have no right to discuss it. Please move your
agenda, Mr. Mayor.
Mayor Clark: All right. Any further discussion on this item, Mr. Plummer?
Commissioner Plummer: Does that mean the item is pulled or not?
Commissioner Dawkins: No, it's not pulled.
Commissioner Plummer: OK. Then I have a question.
Mayor Clark: All right.
Commissioner Plummer: My question is, simply, in this case or in others in which this money is
being given to bring a business who has Code violations, are we assured that if we give money,
that that is going to eliminate all Code violations?
Mr. Waters: Yeah. Not Code vio...
Commissioner Plummer: I don't want to give... I don't want to give them 'W" number of dollars
to fix certain things, and when they're completed, they still are not in Code compliance.
Mr. Waters: I understand. There is a difference. Not violations. It's Code compliance. So in
essence, if a business has applied for a Certificate of Use, and when our inspectors go out to do
the final, and we find that that particular business would not meet our Code, in terms of safety,
as it relates to public safety, then they would be advised that they... Their Certificate of Use
would be denied. They would have to bring the building up to Code before we can go back out
and give them a sign off on that CU. So it's not a violation.
Commissioner Plummer: Either I'm missing your answer, or you're missing my question. Once
we give them... Let's assume we give them ten thousand dollars ($10,000). All right? They're
not... They're not in Code compliance.
Vice Mayor Gort: Why don't you defer this and bring it back...
Commissioner Plummer: You got it. So be it.
Vice Mayor Gort: It's a very important issue.
Commissioner Plummer: OK.
Mice Mayor Gort: I think one of the things you should look at...
Mayor Clark: The item is deferred. Any other corrections on the Consent Agenda, other than
those that have been...
Commissioner Plummer: That's fine. Defer it.
Mayor Clark: Any further discussion?
Commissioner Dawkins: Move the Consent Agenda.
Commissioner Carollo: Second.
7
Mayor Clark: If there's no exception, cast a unanimous ballot, Mr. Clerk.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS D TERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER CAROLLO, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
2.1 ACCEPT BID: MOTOROLA INC. -- FOR PROVISION OF 10 MOTOROLA
PORTABLE RADIOS AND 10 CHARGERS -- ALLOCATE $19,070 (FOR
DEPARTMENT OF PARKS & RECREATION, PROPERTY MAINTENANCE
DIVISION).
RESOLUTION NO.96-1
A RESOLUTION ACCEPTING THE BID OF MOTOROLA, INC., FOR
THE PROVISION OF TEN MOTOROLA PORTABLE RADIOS AND
TEN CHARGERS, AT A TOTAL COST OF $19,070.00, FOR THE
DEPARTMENT OF PARKS AND RECREATION, PROPERTY
MAINTENANCE DIVISION; ALLOCATING FUNDS THEREFOR
FROM THE DEPARTMENT OF PARKS AND RECREATION.,
PROPERTY MAINTENANCE DIVISION, ACCOUNT CODE NO.
580701-707; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID EQUIPMENT.
i
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.2 AUTHORIZE POLICE DEPARTMENT TO PROCURE SERVICES OF POLICE
EXECUTIVE RESEARCH FORUM -- TO PROVIDE PROBLEM SOLVING
TRAINING PROGRAM FOR POLICE OFFICERS AND TO DEVELOP A
TRACKING AND EFFECTIVENESS EVALUATION SYSTEM -- AUTHORIZE
MANAGER TO EXECUTE NECESSARY DOCUMENTS.
RESOLUTION NO.96-2
A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO
PROCURE THE SERVICES OF THE POLICE EXECUTIVE
RESEARCH FORUM FOR THE PURPOSE OF PROVIDING A
PROBLEM SOLVING TRAINING PROGRAM FOR POLICE
OFFICERS AND TO DEVELOP A TRACKING AND
EFFECTIVENESS EVALUATION SYSTEM, IN AN AMOUNT NOT
TO EXCEED $16,159; ALLOCATING FUNDS THEREFOR FROM
THE POLICE DEPARTMENT GENERAL OPERATING BUDGET,
INDEX CODE 290201-270; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS
PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.3 AUTHORIZE FUNDING OF "KIDS FOR PEACE" PROGRAM -- ALLOCATE $7,425
FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO.96-3
A RESOLUTION AUTHORIZING FUNDING OF THE "KIDS FOR
PEACE" PROGRAM; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $7,425, FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NO. 69001, INDEX
CODE 029002-247, SUCH EXPENDITURE HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
9 January 25, 1996
Ic
2.4 APPROVE PURCHASE OF FOUR POLICE DOGS (UNDER EXISTING METRO-
DADE COUNTY BID 184293/2-96) -- FROM METRO-DADE K-9 SERVICES --
ALLOCATE $20,000.
RESOLUTION NO.96-4
A RESOLUTION APPROVING THE PURCHASE OF FOUR (4)
POLICE DOGS UNDER EXISTING METRO-DADE COUNTY BID
NO. 1B4293/2-96 FROM METRO-DADE K-9 SERVICES, AT A
TOTAL PROPOSED AMOUNT OF $20,000.00 FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR
r FROM POLICE DEPARTMENT'S GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 290301-875; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.5 ACCEPT BID: LEADEX CORPORATION -- FOR FURNISHING / INSTALLATION
r OF PLAYGROUND EQUIPMENT AT LEMON CITY PARK DAYCARE (FOR
j DEPARTMENT OF PARKS & RECREATION) -- ALLOCATE $19,960 FROM CIP
331386.
RESOLUTION NO.96-5
A RESOLUTION ACCEPTING THE BID OF LEADEX
CORPORATION FOR FURNISHING AND INSTALLATION OF
PLAYGROUND EQUIPMENT AT LEMON CITY PARK DAYCARE
AT A TOTAL PROPOSED AMOUNT OF $19,960.00, FOR THE
DEPARTMENT OF PARKS AND RECREATION; ALLOCATING
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NO. 331386, INDEX CODE 589301-860/COMMUNITY
DEVELOPMENT GRANT FUND NO. 701401; 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.)
January 25, 199E
2.6 CLAIM SETTLEMENTS: (1) THERESA J. PRATT ($65,000), AND (2) ARABELLA
DWIGHT ($18,000).
RESOLUTION NO.96-6
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY THERESA J. PRATT THE SUM OF $65,000.00 AND ARABELLA
DWIGHT THE SUM OF $18,000A0, WITHOUT ANY ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI IN THE CIRCUIT COURT OF DADE COUNTY, FLORIDA,
CASE NO. 93-17904 CA (02); ALLOCATING FUNDS THEREFORE
FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE NO.620103-651.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.7 CLAIM SETTLEMENT: RUVALCABA SERVICE CORPORATION AND JOVITA
A. MARTINEZ, OWNER ($80,000).
RESOLUTION NO.96-7
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY RUVALCABA SERVICE CORPORATION AND JOVITA A.
MARTINEZ, OWNER, THE SUM OF $80,000.00, WITHOUT ANY
ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI IN THE CIRCUIT COURT OF
DADE COUNTY, FLORIDA, CASE NO. 92-10873 CA (30);
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI
SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE
NO.620103-661.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
11
2.8 AUTHORIZE CITY ATTORNEY TO ENGAGE (1) HOLLAND & KNIGHT, AND (2)
STEVEN E. BULLOCK -- TO PROVIDE BOND COUNSEL SERVICES FOR
FINANCING THE OFF-STREET PARKING DEPARTMENT'S CONSTRUCTION OF
A PARKING GARAGE (710 N.W. 20 STREET) AND THE RELATED REAL
ESTATE TRANSACTION -- ALLOCATE $45,000, PLUS $5,000 FOR EXPENSES,
FROM BOND SALE PROCEEDS.
RESOLUTION NO.96-8
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENGAGE THE LAW FIRM OF HOLLAND & KNIGHT AND THE
MINORITY FIRM OF STEVEN E. BULLOCK TO PROVIDE BOND
COUNSEL SERVICES FOR THE FINANCING OF THE OFF-STREET
PARKING DEPARTMENT'S CONSTRUCTION OF A PARKING
GARAGE, TO BE LOCATED AT 710 N.W. 20TH STREET, MIAMI,
FLORIDA, AND THE RELATED REAL ESTATE TRANSACTION;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $45,000, PLUS EXPENSES, IN AN AMOUNT NOT TO
EXCEED $5,000, FROM BOND SALE PROCEEDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.9 AUTHORIZE MANAGER TO ENTER INTO CONSENT AGREEMENT WITH
METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCES MANAGEMENT (DERM) -- TO RESOLVE A LETTER OF
VIOLATION ISSUED BY DERM (ON MAY 13, 1993) (1) ALLEGING
DESTRUCTION OF / IMPACT TO COASTAL WETLANDS AT THE VIRGINIA
KEY BURNSITE, FOLLOWING HURRICANE ANDREW, AND (2) REQUIRING
RESTORATION OF THE DAMAGED ACRES AND MITIGATION OF
ADDITIONAL ACRES -- THEREBY UTILIZING CITY MANPOWER / EQUIPMENT
FOR PERFORMANCE OF IN -KIND SERVICES -- ALLOCATE $60,000 FROM
SELF-INSURANCE AND INSURANCE TRUST FUND.
RESOLUTION NO.96-9
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO ENTER INTO A CONSENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH
METROPOLITAN DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) TO
RESOLVE A LETTER OF VIOLATION ISSUED BY DERM ON MAY
13, 1993, ALLEGING THE DESTRUCTION OF, OR IMPACT TO, 1.5
ACRES OF COASTAL WETLANDS AT THE VIRGINIA KEY
BURNSITE FOLLOWING HURRICANE ANDREW AND REQUIRING
RESTORATION OF THE DAMAGED 1.5 ACRES AND MITIGATION
OF AN ADDITIONAL 3.0 ACRES, THEREBY UTILIZING CITY OF
MIAMI MANPOWER AND EQUIPMENT FOR THE PERFORMANCE
OF IN -KIND SERVICES VALUED AT APPROXIMATELY $60,000.00
AND ALLOCATING FUNDS THEREFOR FOR SAID SERVICES
FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND,
ACCOUNT NO.620103-661.
12
January 25, 1996
l
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i
1
0
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.10 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MIAMI
MOTORSPORTS, INC. -- TO TERMINATE EXISTING AMENDED / RESTATED
GRAND PRIX LICENSE AGREEMENT.
RESOLUTION NO.96-10
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI
MOTORSPORTS, INC., TO TERMINATE THE EXISTING AMENDED
AND RESTATED GRAND PRIX LICENSE AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.11 AUTHORIZE MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENT
WITH PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC.
(PULSE) -- FOR USE OF PROPERTY AT 150 N.E. 19 STREET.
RESOLUTION NO.96-11
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, WITH PEOPLE UNITED TO LEAD THE
STRUGGLE FOR EQUALITY, INC. (PULSE), A FLORIDA NOT FOR
PROFIT BROADBASED COMMUNITY ORGANIZATION, FOR THE
USE OF PROPERTY LOCATED AT 150 N.E. 19TH STREET, MIAMI,
FLORIDA, FOR THE OFFICE OPERATIONS OF PULSE; WITH
TERMS AND CONDITIONS AS MORE PARTICULARLY SET
FORTH IN THE AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.12 AUTHORIZE MANAGER TO EXECUTE MUTUAL AID AGREEMENT WITH
STATE OF FLORIDA -- TO SET FORTH PARTIES' RESPONSIBILITIES IN
CONNECTION WITH PROVIDING / RECEIVING OF ASSISTANCE OF VARIOUS
MUNICIPAL EMERGENCY / NON -EMERGENCY SERVICES TO/FROM OTHER
JURISDICTIONS IN STATE OF FLORIDA FOLLOWING A CATASTROPHIC
DISASTER.
RESOLUTION NO.96-12
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND THE STATE OF FLORIDA, FOR THE PURPOSE OF
SETTING FORTH THE PARTIES' RESPONSIBILITIES IN
CONNECTION WITH THE PROVIDING OR RECEIVING OF
ASSISTANCE OF VARIOUS MUNICIPAL EMERGENCY AND NON -
EMERGENCY SERVICES TO OR FROM OTHER JURISDICTIONS IN
THE STATE OF FLORIDA FOLLOWING A CATASTROPHIC
DISASTER.
(Here follows body of resolution, omitted here and on file in the Office of
....the City Clerk.)
2.13 AUTHORIZE / DIRECT MANAGER AND CITY CLERK TO EXECUTE
INSTRUMENT FORMALLY RELEASING / CANCELLING COVENANT TO RUN
WITH LAND BY AND BETWEEN JENECO CONSTRUCTION AND
DEVELOPMENT CORPORATION AND CITY OF MIAMI -- CONCERNING
PREMISES AT LOT 2 OF CLARK FARMS.
RESOLUTION NO.96-13
i
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A RESOLUTION, WITH ATTACHMENT, AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AN INSTRUMENT FORMALLY RELEASING AND
CANCELLING THAT CERTAIN COVENANT TO RUN WITH THE
LAND BY AND BETWEEN JENECO CONSTRUCTION AND
DEVELOPMENT CORPORATION AND THE CITY OF MIAMI
CONCERNING THE PREMISES LOCATED AT LOT 2 OF CLARK
FARMS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 42 AT PAGE 23 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
14 January 25, 1996
i
2.14 AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH
METROPOLITAN DADE COUNTY -- FOR IMPLEMENTATION OF
COMPUTERIZED PARKING TICKET ISSUING SYSTEM.
RESOLUTION NO.96-14
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH
METROPOLITAN DADE COUNTY FOR THE IMPLEMENTATION
OF A COMPUTERIZED PARKING TICKET ISSUING SYSTEM WITH
TERMS AND CONDITIONS AS SET FORTH IN SAID AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.15 AUTHORIZE MANAGER TO ACCEPT GRANT ($77,774.05) FROM
METROPOLITAN DADE COUNTY FOR: (1) DESIGN / CONSTRUCTION OF A
WHEELCHAIR -ACCESSIBLE TRAIL AT MERRIE CHRISTMAS PARK, (2)
PURCHASE OF TWO TRANSPORTATION VANS FOR PROGRAMS FOR
PERSONS WITH DISABILITIES, AND (3) PRODUCTION / DISSEMINATION OF
.PUBLIC INFORMATION MATERIALS PROMOTING AWARENESS OF SERVICES
AVAILABLE TO PERSONS WITH DISABILITIES AT A LOCAL LEVEL --
AUTHORIZE MANAGER TO EXECUTE INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY FOR GRANT ACCEPTANCE.
RESOLUTION NO.96-15
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT FROM METROPOLITAN DADE
COUNTY, FLORIDA, IN THE AMOUNT OF $77,774.05, FOR THE
DESIGN AND CONSTRUCTION OF A WHEEL -CHAIR ACCESSIBLE
TRAIL AT MERRIE CHRISTMAS PARK, THE PURCHASE OF TWO
TRANSPORTATION VANS FOR PROGRAMS FOR PERSONS WITH
DISABILITIES, AND FOR THE PRODUCTION AND
DISSEMINATION OF PUBLIC INFORMATION MATERIALS
PROMOTING AN AWARENESS OF SERVICES AVAILABLE TO
PERSONS WITH DISABILITIES AT A LOCAL LEVEL; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH METROPOLITAN DADE COUNTY,
FLORIDA, FOR SAID GRANT ACCEPTANCE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15
January 25,1996
1
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2.16 ACCEPT PLAT: KORTH ESTATES SUBDIVISION. [Note: This item was later
deferred.] (See label 3)
RESOLUTION NO.96-16
A RESOLUTION, WITH ATTACHMENTS ACCEPTING THE PLAT
ENTITLED: KORTH ESTATES, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN
WITH THE LAND POSTPONING THE IMMEDIATE '
CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.17 ACCEPT PLAT: SALNAZ SUBDIVISION.
RESOLUTION NO.96-17
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED: SALNAZ, A SUBDIVISION IN THE CITY OF MIAMI,
SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND
STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.18 ACCEPT BID: LEADEX CORPORATION -- FOR FURNISHING / INSTALLATION f
OF PLAYGROUND EQUIPMENT AT THE BELAFONTE TACOLCY CENTER (FOR
DEPARTMENT OF PARKS & RECREATION) -- ALLOCATE $15,125 FROM CIP
331364.
RESOLUTION NO.96-18
A RESOLUTION ACCEPTING THE BID OF LEADEX
CORPORATION FOR THE FURNISHING AND INSTALLATION OF
PLAYGROUND EQUIPMENT AT THE BELAFONTE TACOLCY
CENTER FOR THE DEPARTMENT OF PARKS AND RECREATION
AT A TOTAL PROPOSED COST OF $15,125.00; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, PROJECT NO. 331364, INDEX ACCOUNT CODE NO.
589301-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID ACQUISITION.
i
16 January 25, 1996
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.19 DESIGNATE LIBREVILLE, GABON, AS A SISTER CITY.
RESOLUTION NO.96-19
A RESOLUTION DESIGNATING THE CITY OF LIBREVILLE,
GABON, AS A "SISTER CITY' OF THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
----------------------------------------------------------------------------------------------------------------
3. (Continued) RECONSIDER AND DEFER PROPOSED ACCEPTANCE OF
PLAT: KORTH ESTATES SUBDIVISION. (See label 2.16)
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, the individuals are here from Northwestern. Could we
hear them now?
Mayor Clark: Yes, sir. Sir, just a moment. What item are you here on?
Mr. Richard Lobo: Item CA-23, Your Honor.
Commissioner Plummer: Oh, you wanted to speak on it?
Mayor Clark: Well, 23, we'll... Hold on a minute, Miller.
Commissioner Dawkins: CA-23. OK.
Mr. Cesar Odio (City Manager): On 23, CA-23.
Mr. Lobo: It's a plat.
Mayor Clark: Give us your name and address for the record.
Mr. Lobo: Yes, sir. Richard Lobo, L-O-B-O. 3550 Stewart Avenue, Miami, Florida, part of the
Entrada Homeowners' Association, sir. Mr. Mayor, City Commissioners, I'm sorry to even have
to be here this morning, but when I found out about this particular item making its way through
the City system, it had already been passed by several departments, and was in the final stages of
being passed on by the Department of Public Works. And everyone that I've spoken to has been
extremely helpful, including Director Lee, and Mr. Kay, and Mr. McMahon, at Public Works.
There are two major issues that I'm very concerned about. This involves...
Mayor Clark: Listen, no, we're not going to get into that now. If that be the issue, let's pull the
item and have it at the next meeting. Be sure you...
Commissioner Dawkins: OK. So move.
17 January 25, 1996
i
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Mr. Gilberto Pastoriza: Excuse me, sir. Mr. Mayor, for the record, Gil Pastoriza, offices at 2665
South Bayshore Drive. I believe that this item will meet all the technical and legal requirements
of your staff. I think your City Attorney will tell you that once we meet those technical items,
that you have very little discretion on adopting this plat. I urge you not to...
Mayor Clark: We have discretion to defer this item for the next meeting.
Mr. Pastoriza: I urge you not to defer it, sir, and act on it today, please. There are certain
financial commitments that are pending on this approval today.
Commissioner Dawkins: OK. The policy, sir, is that if there is any discussion on a Consent
Agenda item, it is pulled from the agenda and placed on the next agenda, where we can discuss it
in its entirety. So the reason it's being pulled is that Consent Agenda items are supposed to be
just that - you pass them with consent. But this is a controversial Consent Agenda item, see.
Just like those were pulled, CA-6, 7, 8, 9 and 10, we pulled them because we need to discuss
them.
Mr. Pastoriza: With all due respect, Commissioner, there should be no controversy when your
staff tells you that the plan has met all the legal requirements.
Mayor Clark: There is controversy. The man's not here for nothing.
Commissioner Plummer: Well, there is controversy, sir. There's a man here.
Commissioner Dawkins: There is. We can't dictate to this gentleman that he cannot have a
conflicting point of view.
Mr. Pastoriza: I think that you can... that you can hear the gentleman, but that you can act on it.
Mayor Clark: Sir, the item will be deferred for two weeks. Is there a motion to carry it out?
Commissioner Dawkins: So move.
Mayor Clark: Moved. Is there a second? econd.
Mayor Clark: Second. All in favor to defer for two weeks. Cast a unanimous ballot, Mr. Clerk.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.96-20
A MOTION TO RECONSIDER AGENDA ITEM CA 23 (ACCEPT PLAT ENTITLED
"KORTH ESTATES," SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING DEDICATIONS SHOWN ON
SAID PLAT); FURTHER, DEFERRING SAID ISSUE FOR A PERIOD OF TWO
WEEKS FOR THE . NEXT CITY COMMISSION MEETING PRESENTLY
SCHEDULED FOR FEBRUARY 8, 1996.
(Note: The City Commission later rescheduled the City Commission meeting date from
February 8 to February 29, 1996.]
18
January 25, 1996
0
0
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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mr. Lobo: Thank you.
Mayor Clark: The item has been deferred for two weeks. Thank you all.
----------------------------------------------------------------------------------------------------------------
4. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
(A) PROCLAMATION: NORTHWESTERN "BULLS" DAY -- 1995 CHAMPIONS
._�,.,....,.,..._.OF THE CLASS 6A FOOTBALL CHAMPIONSHIP. (PRESENTED BY
COMMISSIONER DAWKINS.)
�(B) COMMENDATION: HEAD COACH WILLIE GOLDSMITH -- FOR LEADING
THE NORTHWESTERN "BULLS" TO THE 1995 CLASS 6A FOOTBALL
CHAMPIONSHIP. (PRESENTED BY COMMISSIONER DAWKINS.)
Mayor Clark: All right. Now, we have the presentation. It has been said that what we do upon
some great occasion will probably depend on what we already are, or what we will be, as the
result of previous years of self-discipline. On December the 16th - listen, folks - Miami
Northwestern Senior High School won the 1995 Class A Football Championship by defeating
Jacksonville Sandalwood in Daytona Beach. Behind the success...
(APPLAUSE)
Mayor Clark: Behind the success of the Northwestern Bulls stands the expertise and dedication
of the coaches and staff that made possible the victory for this great football team. Local
authorities, on behalf of the community, salute the coaches, staff and players of this great team
for bringing to Miami the honor of being the 1995 Football High School Football Champions.
So gentlemen, it is a real pleasure to present this to the Northwestern... They call it
Northwestern Bulls Day.
(APPLAUSE)
Commissioner Dawkins: Let Joe read that one because I'm getting ready to beg him for some
money._ Joe, since you're with the Sports Authority, here. Yeah, you're with the Sports
Authority, because I have something for you when you finish.
Commissioner Carollo: Thank you very much.
Commissioner Plummer: Oh, oh. Oh, oh.
0
Commissioner Carollo: You want to read it?
Commissioner Dawkins: Go ahead.
Commissioner Carollo: All right. Let me go ahead and read it.
Commissioner Dawkins: That's right. Of course.
Commissioner Carollo: And it says:
"Whereas the famous man of science, Albert Einstein, once said, try not to
become a man of success, but rather, try to become a man of value; and whereas
Willie Goldsmith, head coach of the football team Northwestern Bulls is the
archetype of a professional who, through dedication and hard work, knows how to
reach his goals in life; and whereas Coach Goldsmith, together with the rest of the
coaches, trainers and players who worked hard to win the coveted 1995 Class 6A
Football Championship by defeating Sandalwood 12 to 7 in Jacksonville, Florida;
and whereas local authorities, on behalf of the community, salute Head Coach
Willie Goldsmith, as well as the other 12 coaches and players on the occasion of
bringing this great victory to Miami, now therefore, Stephen P. Clark, Mayor of
the City of Miami, Florida, does hereby commend Head Coach Willie Goldsmith
for his commitment to support sports, and his dedication to the well being of our
youth." Coach.
(APPLAUSE)
Coach Willie Goldsmith: Thank you.
Commissioner Dawkins: Take them in my office and we'll try to take some pictures. But let me
say something. You know, it's a great honor for us, the City Commission, to do this, in that
there are four senior high schools within the City of Miami: Miami High, Miami Jackson,
Miami Edison, Miami Northwestern and Jackson (sic). Those are inner city schools. This
happens to be one that - and I say this with tongue in cheek - that a School Board member said it
would remain black as long as that Commissioner was on the School Board. So everybody buses
their children out, but yet, staff stays there and fights. And you have just seen what can be done
with dedication and what have you.
(APPLAUSE)
Commissioner Dawkins: When they went in at the half, they were down. And I don't know
what... The coach must have told them they would have to walk home if they lose. They came
out the winner, and we have the championship. I'm going to say to Joe Carollo, I will be there
tomorrow. Unfortunately, we live in the ghetto. All of the parents who don't want their kids in
the ghetto bus them out. Therefore, the kids we're looking at, who won, can't get out of the
ghetto to go to school, so they come in. Now, we do have some kids who come all the way from
Overtown on the bus to be identified with Northwestern. So we do not have a booster's club.
We do not have that that is needed, and I am making a pledge now that anybody who wants to
donate to the Northwestern Bulls Ring/Jacket Fund, make your check payable to the
Northwestern Bulls Jacket/Ring Fund. I don't want it mixed up with Northwestern funds. And
either mail it to me or any member of this Commission, or mail it to the school in care of Jerry
Rushin There again, we want to be sure that whatever funds we collect are used to buy
championship rings for these kids who will honor this all their lives, and they will be able to
keep something. So if you're willing, please, any member up here will accept any donation, and
we can turn it over to the school so that we can buy championship rings for these kids. Thank
you.
(APPLAUSE)
Mayor Clark: There's a motion in order to approve minutes of the last meeting and other
meetings, Mr. Foeman.
Commissioner Carollo: Move.
Mr. Walter Foeman (City Clerk): Yes, Mr. Mayor.
Mayor Clark: Moved and seconded. With no exception, cast a unanimous ballot.
NOTE FOR THE RECORD: On a motion duly made by
Commissioner Carollo and seconded by Vice Mayor Gort, the
minutes of Commission Meetings of October 26, 1995, November
8, 1995, November 15, 1995 and November 16, 1995, were
approved by the Commission.
----------------------------------------------------------------------------------------------------------------
5. DISCUSSION CONCERNING $900 DONATION IN CONNECTION WITH
'.--._...EDGEWATER MINI POLICE STATION.
r! ---- "� -----------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, if I could. It's not usual when somebody gives something
to the City. If I could make notation of it for the record? At our Board of Directors Meeting
from .the Edgewater Economic Development Corporation of January the 18th, 1996, our
members voted unanimously to donate the amount of nine hundred dollars ($900) to the
Department of Police of the City of Miami. This donation is intended to assist the Department
with the move of the Edgewater Police Mini Station to 2415 Biscayne Boulevard. Through this
donation, the merchants and residents of Edgewater confirm their commitment to the continued
presence of the Police Department in our neighborhood. And I will turn this over to the City
Manager. I don't find... Where's the check?
Mayor Clark: The check's in the mail.
Commissioner Plummer: Mr. Manager.
Mayor Clark: Thank you.
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6. (A) SECOND READING ORDINANCE: AMEND CODE CHAPTER 30,
ARTICLE III, DIVISION 2, WHICH SETS FORTH RATES /
CHARGES FOR CITY GOLF COURSES -- ADD SECTION 30-57
EXEMPTING THOSE CITY GOLF COURSE FACILITIES OPERATED
/ MANAGED BY PRIVATE PARTIES PURSUANT TO
AGREEMENTS HAVING TERMS OF 20 YEARS OR MORE.
(B) DISCUSSION CONCERNING: (1) ADVERTISING OF RFP IN TRADE
PERIODICALS / PUBLICATIONS / NEWSPAPERS, (2) NEEDED
REPAIRS TO STEPHEN P. CLARK BUILDING IN MELREESE GOLF
COURSE, (3) AGREEMENT BEING LEASE VS. CONTRACT WITH
TERM OF 20 YEARS FOR MANAGEMENT BY PRIVATE PARTIES
OF GOLF COURSES.
Mayor Clark: Item number 2 on today's agenda, amending Chapter 30, Article III, Division 2 of
the Code of the City of Miami, as amended, which sets forth rates and charges for City golf
courses, thereby adding a new section and exempting those City golf course facilities operated
and managed by private parties, pursuant to agreements. We will have discussion on this item.
We are. not discussing the contract here today. We're discussing the item that's on the agenda,
and we're open for discussion now. This is the second reading on the ordinance?
A. Quinn Jones, III, Esq. (City Attorney): That's correct.
Mayor Clark: Is there a motion and a second to get it on the floor?
Vice Mayor Gort: Move it.
Mayor Clark: Second to get it on the floor.
Commissioner Carollo: Is there a motion?
Commissioner Dawkins: Commissioner Gort moved it.
Mayor Clark: Yes.
Commissioner Carollo: OK. Is there a second?
Mayor Clark: I seconded.
Commissioner Carollo: OK, Mr. Mayor. We're open for discussion. Mr. Mayor, while I
respectfully agree with you that we're not discussing the contract, this item directly affects that
contract for the golf course. The contract is not - does not come into effect if this second reading
here for the rates on the golf course fees is not voted upon today. So I respectfully would request
if I could address my concerns on this particular second reading of this ordinance briefly, at the
same time that I will address my concerns relating to the contract that...
Mayor Clark: Well, let's get a little legal opinion, Mr. Carollo. Mr. Attorney, can we discuss
the contract here today?
Mr. Jones: It's your prerogative, Mr. Mayor. The only thing that you have before you to vote on
is the amendment to the ordinance.
Mayor Clark: Has the contract been agreed to by this Commission, the majority of this
Commission?
Mr. Jones: Yes.
Mayor Clark: All right.
Mr. Jones: You passed... You previously passed the contract - adopted the contract.
Commissioner Carollo: But the contract would not be binding unless this was approved; is that
correct, Mr. City Attorney?
Mr. Jones: That's correct.
Commissioner Carollo: So then this, in effect, is tied into the contract.
Vice Mayor Gort: And we should discuss it.
Mayor Clark: All right. Go ahead. Go ahead. All right. Do we have people of the public who
want to...
_-Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: May I ask of the City Attorney... and let's put it to rest, once and for
all. There's still some question out there among certain people of whether this is a lease, or
whether it is a management contract. Now, I want your opinion on the record. Which is it?
Mr. Jones: Commissioner, I was requested to prepare a legal opinion by Commissioner Carollo
back in December to address this very question. I have reviewed, along with several attorneys in
my office, all the documents pertaining to this Melreese transaction. And I have opined, as I did
on December 5th, that this is a management agreement. That decision was based on the fact that
the characteristics of this particular agreement are representative or characteristic, should I say,
of a management agreement. You look to the intent of the parties, as the case law would have it,
and it was the intent all along of the parties that it be a management agreement. You also look to
one other indicia, which is possession. The... I think it's Bunkers... has no possessory interest,
which is a key characteristic of a lease agreement. The City maintains its exclusive possession
of the golf course. In terms of what was required in the request for... Was it a Request for
Proposals?
Unidentified Speaker: Qualifications.
Mr. Jones: ... a Request for Qualifications, it was clear that what the City was seeking was a
management agreement. The other thing. You have to look at the outset, if, in fact, the City
were pursuing a lease, it would have had to comply with the 29-B requirements, which would
have required competitive... a competitive process. One other indicia of the lease agreement
would be that the party be required to pay rent to the City. There is no such requirement here.
There has been some mention of the fact that because the operator would be making a payment
back to the City to cover capital - the cost of capital improvements, for which the City is putting
up front would somehow suggest that that's a lease. That's just not the case. So to make a long
story short, or a short story even shorter, in fact, in my opinion, it is, in fact, a management
Commissioner Dawkins:
Mr. Mayor, may I?
Commissioner Plummer:
Now, for the record...
Mayor Clark: Just a second. I'll get you next.
Commissioner Plummer:
Mr. Manager, I just want to put before... Mr. Mayor, I assume you
want the public to speak,
but I just wanted to clarify this. This was put out to an RFQ.
Mr. Cesar Odio (City Manager):
Yes, sir.
Commissioner Plummer:
It was duly advertised.
Mr. Odio: Yes, sir.
Commissioner Plummer:
OK. And in fact, there was only one bidder that chose to bid.
Mr. Odio: Yes, sir. We also had public hearings.
Commissioner Plummer:
And we had the public hearings.
Mr. Odio: Yes, sir.
Commissioner Plummer:
That's a matter of record.
Mr. Odio: Yes, sir.
Commissioner Plummer:
Thank you.
Commissioner Dawkins:
It's also a matter of record...
Commissioner Plummer:
I also... Miller, just... I have other questions, but I'll hold them until
after the public...
Commissioner Dawkins: OK. It's also a matter of record that that one bidder was constantly
one bidder, constantly. It's also of record that that one bidder has been the sole bidder from the
time that I was Chairperson of the Sports Authority, when this sole bidder tried to obtain it from
there. That's number one.
Commissioner Plummer: I forgot about that.
Commissioner Dawkins: Number two, in this ordinance, it says those City golf course facilities
operated and managed by private parties pursuant to agreements having terms of 20 years or
more... Now, that's stuck in there. You can read into it anything you want.
Commissioner Plummer: Well, what's your point?
Mayor Clark: Miller, you got anything further?
Commissioner Dawkins: Nothing, nothing. Nothing I don't know.
Commissioner Plummer: I didn't understand.
24
Commissioner Carollo: J.L., in the question that you were asking the Manager - and I think it's
a very good question to bring up, very valid - what I think has to be said is whether this is a
management contract, or whether it's a lease. And I truly believe this is a lease, because if it
walks like a duck, it quacks like a duck, and you have so many items here that are used in leases
within the contract, then it is a duck. But to answer your question, and to give the Commission
further information that maybe it did not have, whether it's a lease or a management contract, the
City Commission and the City of Miami has a responsibility to try to go out and get the best
financial return, and the best deal for the citizens of Miami. Now, can we truly say that we did
that when the RFQ - that's the Request for Qualifications that was put out - had only a 21-day
response time? In other words, in the time you put it out, whoever wanted to participate in this
process had only 21 days, maximum, to give an answer, to give their proposal, to give their bid.
That's why we had one person that came back with a proposal, because no one, no one, unless
you were in the inside from the beginning, could have possibly had enough time to present a
proposal in 21 days. And that's if you saw or heard about it in day one. If you heard it in day 10
or 15, you would have had even less time. So no one would have bothered to have wasted their
time or monies in presenting a bid that they had no time to be able to put together. That's why
we had one bid on this, and frankly, this is why I think we have a history of having so many one
bids for other items that are put out for RFQs or RFPs. Now, the second part of your question
was, was it legally, duly advertised? Yes. We met the legal requirements - two newspapers.
But again, did we try to make sure that we would go out to try to get the maximum return for the
City of Miami by trying to get as many people as we could to know about this, so they could bid
for this management contract, as it's called by some? And again, the answer is no. We only
_,._._.aduertisedan two newspapers - fine newspapers, but nevertheless, not, in my opinion, sufficient
newspapers for this City to truly let the people in this type of business, in the golfing world,
i know that we wanted proposals for this so-called management contract. We advertised in the
Miami Review and the Miami Times - not in one single golfing magazine, not in one single
major newspaper. So I hope that, you know, that helps you in having some additional
information on that.
Commissioner Plummer: Then there's one more question. Mr. City Attorney and Mr. City
Manager, to your knowledge, either on the record or legal document, or letter, was there anyone
who - we have seen in cases before, similar to this - who registered a complaint that they did not
have the opportunity, who would like to have bid, but did not have the opportunity to bid within
the 21-day period?
Mr. Jones: I'm not aware of any. And I'd just say this, that 21 days is normally the response
time that we give in most Requests for Proposals or Requests for Qualifications. So that's
standard, a standard response time.
Commissioner Plummer: Mr. Manager?
Mr. Cesar Odio (City Manager): I didn't hear of any complaints, sir.
Commissioner Plummer: All right. And the two public hearings that were held - I assume there
were two? - that was in reference to putting together the RFQ?
Mr. Odio: No. The RFQ was - I have to research that - the RFQ was brought to the City
Commission for approval. Then you have to bring the... Once we had a response, then you had
to bring it back here to discuss the agreement, and then this is the last part of that process.
Commissioner Plummer: OK. So what you're saying then, Mr. City Attomey - let me
understand you well - is the fact that the 21 days that is referred to is the norm.
Mr. Jones: Yeah. That's normally what we require when we send out a request for proposal or
request for qualifications.
25 January 25,1996
VORA
Commissioner Plummer: Thank you. I'll wait further, Mr. Mayor.
Commissioner Carollo: If I may, on your same question, Commissioner.
Commissioner Plummer: Yes, sir.
Commissioner Carollo: Seriously, Mr. Manager and Mr. Attorney, you really are going to say
that 21 days is normal? I mean, this comes to a point of insulting my intelligence and the
intelligence of everyone here in the City of Miami. If it's normal, then why, when we place
Requests for Proposals for leases...
Mr. Odio: On RFP's it's 90 days.
Commissioner Plummer: That's an RFP. Yeah, that's a different story.
Commissioner Carollo:... the law that the citizens of Miami voted upon, what many of you,
including Commissioner Plummer call the Carollo Amendment, requires, and it is the law, that
minimum 90 days be given when we place Requests for Proposals for leases?
Mr. Odio: You're absolutely right, Commissioner. I'm sorry. On RFPs, yes, you are absolutely
right. It's 90 days.
Mr. Jones: Yeah, but that's what the Charter requires. You're talking about the 21-day period.
That's basically a departmental standard. And almost every one that I've reviewed, that's been
the norm. I'm not trying to insult your intelligence or anybody else's. I'm just telling you what
my experience has demonstrated to me as the norm.
Commissioner Carollo: Mr. Attorney, frankly, if we have a Charter amendment on Requests for
Proposals for leases that says minimum 90 days, there's no way in the world that I am going to
be convinced by you or anyone that the normal time is 21 days for everything else. And, you
know, I didn't want to get into this kind of discussion like this on this item. But, you know, I'm
not going to be told... and sit here and look the other way, and close my eyes and roll over and
play dead, and hear that 21 days is normal. It's not normal in Miami, it's not normal in Alaska,
New York, California, or anywhere else. But anyway, we both, for the record, have placed our
positions on that. Commissioner Plummer, any further questions that you would have and that...
Commissioner Plummer: I'll have further questions, but I think the Mayor would like to open it
up to public speaking at this time and then...
Commissioner Carollo: That would be good and acceptable, sure.
Commissioner Plummer:... afterwards I'll...
Mayor Clark: If that's acceptable, we'll do that. Mr. Knox, you want to speak?
Commissioner Plummer: Well, I think, for the record, though, Mr. Mayor, since people are
going to be speaking... Mr. Manager, I have seen a smorgasbord of numbers as to what it is
costing the City subsidy a year. I saw between two hundred and three hundred, and I don't know
if either one of those are correct. May I ask you, what is your number as to the amount of
subsidy required by the City to maintain or that it is involved in that golf course annually?
Mr. Odio: The average accumulated deficit for the last ten years has been close to five million
dollars ($5,000,000) in that golf course.
Commissioner Plummer: Well, is that five hundred thousand ($500,000) a year?
Mr. Odio: I said...
Commissioner Plummer: Because we haven't spent any money there, I can tell you that.
Mr. Odio: ...average. It's about... It's averaging about two hundred and seventy-five thousand
dollars ($275,000) a year of losses and deficit.
Commissioner Plummer: All right, sir. That's... Thank you.
Mayor Clark: All right. Let's hear from the public now. Yes, sir. Give us your name for the
record.
Mr. Johnny La Ponzina: My name is Johnny La Ponzina. I'd like to respond to Mr. Carollo's
comments, if I could.
Commissioner Carollo: Excuse me. Can we have your address for the record?
Mr. La Ponzina: 10000 Biscayne Boulevard.
_Commissioner Carollo: OK. Is that business address or home address?
Mr. La Ponzina: Business.
Commissioner Carollo: OK. And home, sir?
Mr. La Ponzina: 2760 Paddock Road. Let me just say that Dade County put out a Request for
Qualifications for the Country Club of Miami, which I was a bidder. We had 21 days to respond
to that bid, and we were a bidder. Also, I'm the operator of Miami Shores Country Club. And
they put out a proposal for a management agreement, which we are the operators. We had 21
days to respond. So as it relates to Dade County, 21 days has been the precedent for Dade
County and Miami Shores.
Commissioner Carollo: Maybe that's another reason why we should look a little closer at who
were the players and lobbyists in those particular agreements, and how they came to be placed
and put out, also.
Mr. La Ponzina: But I do want you to know, Mr. Carollo, that...
Commissioner Carollo: You made a good point in that.
Mr. La Ponzina: ... there was ample time for us to respond. We were not a bidder for Melreese,
but there was ample time for the Golf Club of Miami. We did respond. There were several
bidders. And there was ample time for Miami Shores - 21 days - and we were the successful
bidder there. So the 21-day part of this is precedent in Dade County. Dade County did it, and
Miami Shores did it. And I think we were... could have bid. We received notice, and chose not
to.
Commissioner Carollo: I stand by my statement, sir, and I appreciate your clarification.
Mr. La Ponzina: Well, I stand by the facts, Mr. Carollo. This is on record. It's... OK?
Commissioner Carollo: Thank you.
Mayor Clark: All right. It's an opinion, it's an opinion. Let's... Let's don't get into an
argument here, now. All right. Other persons wishing to address the Commission?
Mr. George Knox: Good morning, Mr. Mayor and members of the Commission. My name is
George F. Knox. I'm a citizen of the City of Miami. My residence address is 3863 Southwest
Douglas Road in Coconut Grove. And the hat that I wear today is that I'm a shareholder in
BUNKERS of Miami, Inc., who is the proposed operator, who seeks the privilege of being able
to manage and operate the Melreese Golf Course, on behalf of the City of Miami. I think that
the operative questions, with respect to the questions that have been posed are whether or not the
business terms of the management agreement would, in fact, stop the hemorrhage of losses
associated with the operation and management of the Melreese Golf Course. As a matter of
principle, and consistent with a trend that sweeps America, governments are recognizing that
certain enterprise activities are best carried out by the private sector, especially when those
activities will reduce losses associated with services to be provided by the public entity to the
public at large; and secondly, where the expertise required in order to operate the business is,
obviously, not a part of the agenda, not a mission of government. The next important ingredient
is that there was a very clear intention on the part of the City of Miami if the City could find
individuals who had - and I quote from your RFQ - "Demonstrable experience in general golf
course management, municipal public golf course management, local golf course management,
public golf course design and construction, and the promotion of youth programs." If that profile
-could.be- fit by local individuals, then that was a very clear preference of the City of Miami in
connection with its desires. I don't think that it's irrelevant that the prime mover for this project
is Charlie De Lucca -- the same person, who, since 1972, has had to struggle with operating the
driving range, the restaurant, providing instruction, and operating the pro shop at a facility,
unfortunately, that a great number of people would today be ashamed of. Was it his vision? It
certainly was. Was it his initiative to try to find a way to infuse enough investment into that
facility to make it a source of pride in the community? And he did that. Not only that. The
plans for the development include an upgrade of the Grapeland Heights Park, and the reopening
of the facility now known as the Stephen F. Clark Community Building, which, incidentally, has
been closed because of the dereliction in its maintenance, and has become a terrible eyesore to
the community. This is the basis upon which the proposal was submitted. It was submitted by
somebody who had spent the major part of his professional life struggling with trying to provide
services with inadequate resources. And so the record should be very clear about that. As a
matter of fact, it was Mr. De Lucca, if you will, who was disappointed by the fact that he had to
submit his dreams, ideas, to a competitive selection process, or at least to have an opportunity for
other persons in the business to submit. His feeling was that he spent his life over there, and if
there's ever an opportunity for him to operate a first class facility, given all of the dues that he
had paid, if you will, in terms of service, in terms of youth programs, in terms of providing those
opportunities for people in golf that they never would have had otherwise, he thought he should
have had an entitlement. Instead, he was told, whether or not we pull for you, support you, pray
for you, or hope that you get the privilege, you're going to have to have your proposal be
submitted, not only to a public process, but to scrutiny, as well. And I think it's very important
to have the record reflect all of these underlying considerations, because our hope, quite frankly
is, that if there's any doubt about the character or the process, about the integrity of the players,
about the desire of the prime mover, that they very, very clearly and publicly be resolved. And I
believe that I... I certainly speak on behalf of those people who have an interest in
accomplishing this. And I hope that I speak also on behalf of those people who are citizens of
this community who would like very much to be able to enjoy state of the art facilities that are
owned - owned - by the public. Thank you very much, Mr. Mayor.
(APPLAUSE)
28 January 25, 1996
a
Commissioner Dawkins: Don't have a seat, sir. Please come back. Don't take a seat.
Mayor Clark: Mr. Dawkins, you're recognized.
Commissioner Dawkins: Thank you. How much money is being put into this venture by this
benevolent private organization that has the City's interest at heart - I mean the citizens' welfare
at heart?
Mr. Knox: Well...
Commissioner Dawkins: Public, private, their own private dollars.
Mr. Knox: All right. What you require...
Commissioner Dawkins: No, no, no. Come on, now, come on. You're a lawyer. Just answer...
I mean, don't commercialize with me. Just answer... Do me a favor. Let's cut through this.
Give me an answer. How much?
Mr. Knox: There's a commitment of...
Commissioner Dawkins: How much cash money are they putting in, George? Cash money.
Mr. Knox.. Well...
Mr. De Lucca: Can I answer that?
Commissioner Dawkins: No, sir, I don't want you to answer. I'm talking to the lawyer.
Mr. Knox: Let me answer.
Commissioner Dawkins: He's the one who made a beautiful statement. You didn't. Go ahead,
sir.
Mr. Knox: There's an obligation for two hundred thousand dollars ($200,000) to come from...
Commissioner Dawkins: Obligation.
Mr. Knox: Yes.
Commissioner Dawkins: Now, what...
Mr. Knox: When the...
Commissioner Dawkins: Wait. What is used as security, to secure the two hundred thousand
dollars ($200,000), Mr. Knox?
Mr. Knox: The personal and corporate financial statements of the shareholders.
{
Commissioner Dawkins: Of the shareholders.
jMr. Knox: Yes, sir.
Commissioner Dawkins: But there is no cash money.
Mr. Knox: Today, there is no cash.
Commissioner Dawkins: All right, good. Now...
Mr. Knox: On the day... On the day that the facility operates, there must be...
Commissioner Dawkins: OK. How much public money is going to be used with the
collateralized private money, how much?
Mr. Knox: The public is investing three point nine million dollars ($3.9 million) into the
improvement of the Melreese Golf Course.
i
Commissioner Dawkins: Now, all right. Now, where is that?
Mr. Knox: Where is it?
Commissioner Dawkins: Yes.
Mr. Knox: The City staff has to answer that one.
Commissioner Dawkins: OK. Now, so therefore, I'm going to say for my vote, the three point
nine million dollars ($3.9 million) cannot come forward until you bring your two hundred cash.
When your cash money is put, that's part of my... See, but I had one vote before against it, so it
don't make any difference about how I vote. OK? Now, George, do not stand there and say that
Mr. De Lucca, in all of his benevolence, came before the City Commission, and we refused to
allow him to make the golf course a show place for the State of Florida.
Mr. Knox: No, I didn't intend to give that impression.
Commissioner Dawkins: Well, you... OK. Well, that's what you implied.
Mr. Knox: What I said was, he wanted to be able to manage and operate a show place and...
Commissioner Dawkins: And we demanded what?
Mr. Knox: You demanded that you needed a showcase, and you didn't... you weren't going to
give him an exclusive privilege to do it. And if he wanted to do it...
Commissioner Dawkins: OK. And you thought that was a shame that we would treat him like
that. That's what you said.
i
Mr. Knox: No, no. I stated he was hurt by that.
Commissioner Dawkins: No. You said you... No, you did not say that. You might have
implied that. You said that he was hurt...
Mr. Knox: Yeah.
Commissioner Dawkins: ... because I, as a Commissioner, would demand that he had to show
i
something.
1 Mr. Knox: That's right. But...
Commissioner Dawkins: OK, OK. Go ahead, go ahead.
i
30 January 25, 1996
0
Mr. Knox: But now his pain doesn't have anything to do with the process he had to go through.
Commissioner Dawkins: Never mind. The... I got a process to get elected. He's got a process
to try to get money.
Mr. Knox: That's right.
Commissioner Dawkins: OK. So we're all going through a process. Now, the second thing is,
you were a City Attorney. You have been in the City of Miami as long as I have. Do you
actually believe, Attorney Knox, that if the City of Miami were to take four million dollars
($4,000,000) worth of American money, and go out to that golf course, and invest four million
dollars ($4,000,000) of American money into that golf course, they could not bring it up to a...
the City of Miami could not bring it up to showcase?
Mr. Knox: It would be a showcase that could not pay the debt...
Commissioner Dawkins: Now, wait a minute, wait a minute.
Mr. Knox: ... associated with the investment.
Commissioner Dawkins: OK, all right. OK, you're a lawyer. OK, OK, now, but do you...
Mr. Knox: That's because that's a management agreement, and you need professionals to take
that and return it into a cash flow.
Commissioner Dawkins: OK, OK, all right. I'll ask my question again, and then we'll go back
into yours.
Mr. Knox: OK.
Commissioner Dawkins: Do you actually believe that the City of Miami could provide you,
Howard Gary, or anybody who's been in here, with four million dollars ($4,000,000), and you
could not bring that up to a showcase golf course? You believe that?
Mr. Knox: I'd hire Charlie De Lucca to manage it.
Commissioner Dawkins: Beg pardon?
Mr. Knox: I would hire Charlie De Lucca to manage it. Because I'm incompetent...
Commissioner Dawkins: I wouldn't care if you hired Charlie Syphilis. OK?
Mr. Knox: I know, because I'm incompetent to manage a golf course.
(APPLAUSE)
Commissioner Dawkins: I don't care who you hire, OK? I don't care who you hire. I asked you
could it be done? Could it be done?
Mr. Knox: Anything is possible, Commissioner.
Commissioner Dawkins: Thank you. See? So... So really and truly, you're giving away not
you, I'm sorry. You don't have a vote up here. I'm sorry, OK? - but we are giving away
something that can make money as we've given... Well, that's nothing new, now. We've
given... All last year, you saw us give away property that would make money. So this is nothing
new. But don't... Don't have those people out there viewing this think that you got a bunch of
dodos in the City of Miami and up here, who cannot take four million dollars ($4,000,000), and
go out to land that I already own, and bring it up to a top flight golf course that will attract top
flight golfers. OK? Because I don't now... I don't believe it. I never will believe it. And I'll
say it to you now, and I'll say it to you as long as I sit up here, it's not right. Thank you. Thank
you, sir.
Mr. Knox: Thank you.
i Mayor Clark: All right. Thank you. Other persons? Yes, sir.
Mr. La Ponzina: Johnny La Ponzina again. Mr. Dawkins, let me go back about a year for you to
the Golf Club of Miami, and to Dade County. They spent eleven million dollars ($11,000,000)
fixing up two golf courses, brought in the wrong operators, and the place went bankrupt. And
the operators they brought in were asked to leave. So as important as it is to bring a facility up to
a first class standard, more important is the operators and the managers who operate it. Ask
Dade County. Eleven million ($11,000,000).
(APPLAUSE)
_....._Commissioner Dawkins: You know, all of this is marvelous, but you aren't putting up any
money. But I guarantee you - and I hate to say this, but I don't have any problem with saying it -
if you throw this out and give me six months, I'll find you a black group that will go out there
with the four million dollars ($4,000,000), and bring you a group, and operate it right.
Mayor Clark: Let me say this...
Commissioner Dawkins: Now, give me six months.
Mr. La Ponzina: Well, show me...
(BOOS)
Mayor Clark: Wait, relax, relax.
Commissioner Dawkins: I ain't going to relax nothing.
Mr. La Ponzina: You show me the black group with the expertise, and the knowledge, and the
popularity of the group that's managing this, and I'll accept that challenge. You can't find it.
It's impossible.
Commissioner Dawkins: I will bring you... I... OK. Give me six months, and I will bring you
Michael Jordan down here to help run this.
Mr. La Ponzina: We don't want Michael Jordan. We don't want Michael Jordan. We want...
We...
Commissioner Dawkins: No, he asked me. He asked me. He asked me.
Mr. La Ponzina: The people want people in this community that have been a part of this
community, that have served this community.
Commissioner Dawkins: Sir...
Mr. La Ponzina: That's what the community wants.
Commissioner Dawkins: Sir, sir.
Mr. La Ponzina: And I beg to differ with you.
Commissioner Dawkins: Sir...
Mr. La Ponzina: Michael Jordan plays basketball. He doesn't promote golf courses and manage
golf courses for a living.
Commissioner Dawkins: Sir...
Mr. La Ponzina: And you need to understand that.
Commissioner Dawkins: But he has money to hire somebody.
Mr. La Ponzina: What does money have to do with it?
Commissioner Dawkins: That's what you all are looking for.
Vice Mayor Gort: Excuse me, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: I'm sorry. Look, I'm against this. Everybody knows this. My vote
does not matter. So, hey, let's just go on and get this out of the way.
Mayor Clark: All right. Mr. Gort, you're recognized.
Commissioner Carollo: John, John, John, John.
Commissioner Dawkins: But you elected me to express my opinion, and that's what I do. OK?
Mr. La Ponzina: You're doing a hell of a job.
(BOOS)
Commissioner Dawkins: That's all, and that's it.
Mayor Clark: Please, now.
Commissioner Dawkins. And I know one... Let me say this, now, and be finished, Mr. Mayor.
Commissioner Plummer: Mr. Mayor...
Commissioner Dawkins: I am an elected official, as long as you elect me. Now, when you no
longer elect me, I'm no longer elected. You got the message? All right. You got the message.
(APPLAUSE)
Mayor Clark: Please, please, please. Mr. Gort has the floor.
Commissioner Plummer: May I, Mr. Mayor, please? If the decorum of this Chamber is not
going to be dignified, I would ask this matter to be put off till this afternoon.
Commissioner Carollo: I fully agree with you, Commissioner.
Commissioner Plummer: Now, all I'm saying is, this is not a shouting match. We want to be as '
informed as we can, and I personally would appreciate, whether you're for or against the issue or
the Commissioner, please have the dignity and the courtesy to run a meeting... let the Mayor run
the meeting as he knows very well how to do. Thank you, Mr. Mayor.
Mayor Clark: Thank you.
Commissioner Carollo: And we have always requested that same respect for every
Commissioner here.
Commissioner Plummer: Absolutely.
Mayor Clark: Mr. Gort, you have the floor.
Vice Mayor Gort: No, I'll wait until they finish with the public hearing, sir.
Mayor Clark: Al right. Who was next? You? Yes, sir.
Mr. Jay Miller: Mr. Mayor and Commissioners, my name is Jay Miller. I live at 7620 Northeast
7th Court. That's in the Bellmeade area of the City of Miami. I'm here to speak today on asking
you to continue in the progress of allowing Charlie De Lucca to take and manage the Melreese
Golf Course. I'm here as a family member. My... I have two children who reside with me in
the City of Miami. There are no sports programs for children in the Upper East Side City of
Miami. I can't speak of other areas. There are no sports programs. My son plays football in
North Miami. My son plays Biscayne Park soccer. He also plays golf at Melreese Golf Course.
My daughter, who took up golf six years ago, through the kindness of Charles Pifer and Charlie
De Lucca, has enjoyed great success in the sport. It's a sport that will probably pay for her to go
to college. She would never have been afforded this opportunity had we not, you know, just
stumbled onto the driving range at Melreese, and Mr. De Lucca's kindness. I can tell you that
there are numerous children. I don't know how many people on the Commission are golfers, or
golfers that play Melreese, but if you go to that driving range, you will see children that would
probably otherwise be involved in other activities... some children that maybe were previously
involved in other activities that have turned their lives around. Thanks, in part, or in great part,
to both Charlie De Lucca and Charlie Pifer with Dade Amateur Golf Association. And I think
that carries over into Charlie's personal life. You go to the Golf Club of Miami, which, you
4 know, everybody says... You know, there's different areas in Palm Springs North. You look at
i the driving range at the Golf Club of Miami. There are children there being afforded an
. opportunity they would never be afforded through any other management group, and I think if
you're going to, you know, continue operating that as a golf course, the only person is the person
who has put the time into the community, and that is Charlie De Lucca. Commissioner Gort,
you had read an article my daughter had written for the Bellmeade Newsletter about her trip to
Japan, where she represented the United States, the only child from the City of Miami that made
the World Cup Team. And this is the letter that you had written her, and we thank you very
much. I just wanted to speak on behalf of Charlie.
j (APPLAUSE)
I
34 January 25, 1996
Commissioner Dawkins: You have raised a point that I cannot argue with. OK? Now, Charlie
has developed one of the best youth programs in the City, and it has been color blind. I can't sit
up here and deny that. But I am not speaking to his ability to work with youth and develop
youth and a good golf team. He can do that. OK? But I still say that my reservations stem way
from that. It has nothing to do with Charlie's personal life, or his ability to develop youth into
championship golfers, which he has been doing all along.
Mr. Miller: But I think that goes hand in hand. How many children do you... No offense to any
of the private clubs located west of the Palmetto. I won't name them. But how many children
do you see who are able to go out and hit balls on the range there at a reduced rate? I think that,
you know, Charlie... You know, allowing him to set the prices for the club will make it
profitable. When Mr. La Ponzina took over Miami Shores, nobody played there. It was priced...
It was ridiculously priced, I mean. And truthfully, I don't probably play Melreese as frequently
as I play Golf Club of Miami due to the fact that I have a family of four that we only have 'W'
amount of dollars in the golf budget. So I think allowing Mr. De Lucca and his management
expertise to set the prices for Melreese, and to compete with a Miami Shores or a Golf Club of
Miami, or the other coupons in the paper is exactly what you need to do.
Mayor Clark: Thank you, sir. Yes, sir.
Mr. Stephen Nuell: Thank you, Mr. Mayor. My name is Stephen Nuell. My business address is
782 Northwest 42nd Avenue, Miami, Florida. I want to talk to you all... I'm sure I know many
_zLycnu.personally. I know many of the people who are interested in doing this arrangement with
the City... And none of them, by the way, have asked me to come and speak. It seems to me that
there's four things that you all should look at, and I'm going to go through them one by one.
The first is technical compliance with your regulations and requirements. The second would be
the economics of the deal. The third would be whether it's good for the community. And the
fourth would be probably the mix of the people that you're going to enter into this arrangement
with. The first... It's not my place to talk about the technical compliance. It's the City Attorney
and the City Manager, and I think they've been pretty clear. It appears to me they've been pretty
clear that you are in full compliance with your regulations to go forward with the deal. Let's talk
about the second, third and fourth, which is really the meat and merits of the issue. The
economics of the deal. As I understand it, the City has been losing money at this operation for a
number of years. Since the hurricane, it has lost, I think, approximately five hundred thousand
dollars ($500,000), not including any upkeep, just strictly operationally. There is no hope of the
City improving the golf course. There has not been for the last three years. You all have... do
not have the wherewithal... You have other pressing... more pressing problems. And that's well
known in the golfing community. So what these people are... The financial arrangement will
take you out of a half a million dollar loss in the last three years, with no hope of turning that
around. Not only take you out of the loss, but put money back into your coffers, plus improve
the product. We will put capital into it. They're going to improve the layout, the sprinkler
system, the greens, the landscaping, the buildings. All that will be improved at no cost to the
City. Instead, in the long run, you will actually be getting money back. The third issue is
whether, really... in my opinion, the most important of them all. Is it good for the community?
That's really the crux of the issue. Is it good for the community? What benefit is the community
getting? I look around here, and most of the people I see here, I believe, are neighbors of the
golf course. I know when I went out there a few years ago, when Commissioner Dawkins was
Chairman of the Sports Authority, that the neighbors were extraordinarily concerned that this
property stay green, that it stay as a golf course. And by doing this arrangement, it will assure
that concern. Let's talk about the bigger and broader spectrum of the community. I'm a golfer,
some of you guys know that. I love golf. Melreese Golf Course sits right at the entrance of the
Miami International Airport, and in its present condition, is an embarrassment to this fine City.
i There is no reason that you have one of the finest pieces of property, a terrific layout, be in such
I poor condition for so many years. And that's strictly a question of your City not having the
wherewithal to make it right. This is the only way it's going to change. The last issue is, let's
talk about the people involved. I don't know all the people involved. I know some of them.
And I know what... It appears to be a terrific mix. As long as Charlie De Lucca is involved in
this, I guarantee you... And you could bring in a wealth of people in the golfing community, and
I think you know it, Mr. Commissioner. You just alluded to that... that he's terrific with youth.
As long as Charlie De Lucca is involved, this product, the golf product out there will be
outstanding and beneficial for this community. And I urge you all to pass this, and let's get
Melreese back to the condition which this City deserves. Thank you.
(APPLAUSE)
Mayor Clark: Let me make a statement, now. I'm not taking a position or anything. I'm just
making a statement of where we are today. Five years ago, the talk of improving the golf course
was totally out of the picture. We had no money. Two years ago, we had no money. The State
came up with a lending proposition for the City to borrow a certain amount of money for certain
different projects in the City over a long-term... What was the length of the loan?
Mr. Odio: The loan?
Mayor Clark: Yeah.
Mr. Odio: It's 30 years.
Mayor Clark: Ten years.
Mr. Odio: Thirty.
Commissioner Plummer: Thirty, 30.
Mayor Clark: Thirty years. They gave us that opportunity at a three percent - three percent
interest rate, which is excellent. That's State money. So we are not physically putting any of the
City's money into that golf course, if this became a reality. We are taking the money that we
borrowed from the State and putting part of that money out of it - some thirty million dollars
($30,000,000), I think, or twenty or thirty million dollars ($20,000,000 or $30,000,000) - into the
golf course that will be paid back, not by the taxpayers, but by the people who manage this golf
course, this management agreement. That's who amortizes this note. Is that right, Mr....
Mr. Odio: Yes, sir.
Mayor Clark: Would you explain that, how it's being paid back?
Mr. Odio: Can I have my paper back? The deal was made... The operators, the management
company will have to pay us two hundred and seventy-five thousand dollars ($275,000) a year.
With that money, the first eight years, we will make a profit of a hundred and fifty thousand
dollars ($150,000) net, because the payments for the debt are much lower than what we're
receiving from the operators. After... In the ninth year, to the last year of the debt, the payments
are slightly higher. But in spite of that, at the end of the contract, if you go to the 40 years, the
City will make a net profit after paying off the capital improvements of five million eight
hundred and thirty-one thousand dollars ($5,831,000).
Mayor Clark: Now, I can't understand how anybody can fight that type of an investment. We're
not putting taxpayers' money into this. We don't... We can take that money and spend it
somewhere else. We're going to have to pay it back to the State. That's what this amortization
schedule brings about. Right, Mr. Odio?
36 January 25, 1996
Mr. Odio: Yes, sir. We have to pay the Sunshine State Government Financing Commission for
it.
Mayor Clark: So for someone to say we're taking taxpayers' money and putting it to... We're
using that money... Where else are we using that money?
Mr. Odio: We have used this money... The three million and one was allocated strictly for the
golf course.
Mayor Clark: Now, what else? We got a thirty million dollar ($30,000,000) loan, didn't we?
Mr. Odio: We had to buy police cars. We had to pay for that. I don't remember the list of
other... from the Sunshine. We borrowed a total of thirty, I think it was.
Commissioner Carollo: I have a...
Mr. Odio: We had the bill on computers. I could give you a list of all the improvements.
Commissioner Carollo: Mr. Manager, I have something here. Maybe you could explain this.
It's the Division of Budget and Position Summary for the Melreese Golf Course. And what it
says is to apply one point five million of Sunshine State loan monies towards the reconstruction
_.—and.imprrovement of Melreese Golf Course. You know, you're talking three point one, but what
I'm reading here is one point five.
Mr. Odio: No, sir. We borrowed three point one million exactly to spend in the golf course.
The agreement that we have with the operator is that we'll spend three point nine.
Commissioner Carollo: OK. So what I have here, then, is erroneous, that was given. It's not
one point five, it's three point one.
Mr. Odio: I... I don't know... It's three point one million dollars ($3.1 million).
Commissioner Carollo: This is part of what's been in the different packages that I received
and...
Mr. Odio: I don't know what package you have there, Commissioner. If I can get a copy of it...
somebody...
Commissioner Carollo: Now, the other eight hundred thousand dollars is coming from where?
Mr. Odio: We have capital improvements.
Commissioner Carollo: Capital improvements.
Mr. Odio: Yes. We have that money set aside.
Commissioner Carollo: OK. And my other question on that, which, you know, I find totally
different in a contract. Why if we are going to need all these monies to reconstruct the golf
course, is there a provision in the contract with Bunkers, Inc., and whomever, that if, out of the
three point nine million, they can keep up to one million dollars ($1,000,000) of that money if it
is not needed? I mean, do we really believe that there is going to be monies left over? If so, why
are we allocating three point nine?
r.
Commissioner Plummer: I don't...
Commissioner Carollo: I mean, it's kind of a very awkward provision to have in a contract. It's
like it's almost expected that you're going to have a million dollars ($1,000,000) left over.
Mr. Odio: There is no way they are going to have a million dollars ($1,000,000) left over.
Commissioner Carollo: Well, then, why is that placed in the contract? Maybe this is something
that should be removed from the contract.
Mr. Odio: Let... The clause that I'm reading is five point two. The City shall provide the sum
of the three million nine hundred thousand dollars ($3,900,000) for the design and construction
of improvements, and for purchase of furniture, fixtures and equipment, in accordance with the
construction budget approved by the City Manager. In the event that the construction cost and
FP&E are less than the amount of City contribution, then the operator may use up to three
hundred and ninety thousand dollars ($390,000) to establish a reserve account for repair and
replacement of golf course facility. That's what I remember negotiating. In the event that a...
Commissioner Carollo: Well, what I have read states, you know, up to one million.
Mr. Odio: No, sir. This is the contract. As I remember - and I sat down with them - I said,
"There is no way that we can - that you can profit from our loan. If we do have monies left over,
_v...they_,haxe.to be set aside to be used at the golf course, and not for the operators to use."
Commissioner Plummer: Well, that means the cash flow overhead.. I think it's only for
improvements.
Commissioner Carollo: Set aside. But the figure that I read that was given to me was one
million dollars ($1,000,000).
Mr. Odio: I'm sorry...
Commissioner Carollo: Now, if we have had changes since then, then I certainly would like to
receive them. But it's one million dollars ($1,000,000).
Commissioner Plummer: Mr. Manager...
Mr. Odio: No, sir. I'm bringing... This is the agreement that was presented to the Commission
on October 17th.
Commissioner Plummer: If I'm not mistaken, under the Sunshine State loan, you can only use
those monies for capital improvements. You cannot use it for overhead. You cannot use it for
cash flow. It has to be for capital improvements. I know that's for the First Union loan of the
Florida League, which is... we correlate with each other.
Commissioner Carollo: I'm curious about something from the City Attorney. This contract, Mr.
City Attorney, did your office draft this whole contract or not?
Mr. Jones: Yes.
Commissioner Carollo: Everything in the contract was drafted by your office?
Mr. Jones: We did it in...
�.,
Commissioner Carollo: From day one, or was it...?
Mr. Jones: We did it in conjunction with... I think it was Chris Korge, his law firm.
Commissioner Carollo: OK. When you're saying "in conjunction," were you given...
Mr. Jones: Well, we traded...
Commissioner Carollo:... a contract already to work from there, from day one?
Mr. Jones: Yes, yes.
Commissioner Carollo: OK. So you were given a contract, then, by the legal representative...
Mr. Jones: Yeah, but it was... Commissioner, it was essentially re... My attorney essentially
rewrote the contract, anyway. So, I mean, we couldn't work with the initial draft. No offense to
Chris, whatever, but we just did a better job. That's all I can say. OK?
Commissioner Plummer: We've heard that story before.
Commissioner Carollo: Well, I'm sure there was no offense taken. But I just wanted to clarify
that in the record. What I would appreciate, though, is if you could provide me with the original
�_. _mntract. that you were given, and then any revisions thereafter.
Mayor Clark: Let me say this. Excuse me, Joe. Let me say this. The City of Miami is not
giving up anything. There's no gift to anybody here. The City of Miami is going to be repaid,
or the contract will be null and void. The City of Miami will enjoy a golf course that will last for
a hundred years, properly constructed and everything else. I don't know whether you remember
why that golf course is there. The City of Miami sold to the County the old Miami Country
Club, which is now where is located the Metro Justice Building and all of the hotel - the
hospitals in that area. And in addition to that, we were able to purchase that 160 acres out there
on the comer of 37th Avenue and Northwest 14th Street. That's the way we got it. We started
out with a nine -hole golf course, and finally expanded it to an 18-hole golf course. It is a
tremendous asset. It is the only golf course in the City of Miami, only one we have. There's
another golf course that we own at Miami Springs, but that's not in the corporate limits of the
City of Miami. But I want to make sure you understand. We're not giving away anything with
this, whether it goes or does not go. It's going to remain in the ownership of the City of Miami
for your generation and for future generations.
(APPLAUSE)
Mayor Clark: I remember so well when I served as Mayor of the County when the situation
came up about the Country Club of Miami, in North Dade. And I said, you'd rue the day that
you came along with this group here that has no idea... no background of performance. It wound
up costing the people that live around that golf course millions of dollars. The County is still
paying for it - losses of some eleven million dollars ($11,000,000) in those two golf courses -
and it never did become a reality, because they didn't have qualified people and a management
agreement. Remember the Power 4 Group, Miller? All professional athletes, but just walked
away. That includes the PGA (Professional Golf Association), too. Really cost the County tons
of money
(APPLAUSE)
Mayor Clark: So let's... Other persons who want to speak? Yes, sir. Give us your name and
address.
Mr. Hector Moreno: Mr. Mayor, Board of City Commission, my name is Hector Moreno. I live
on 3626 Northwest 14th Terrace. I'm the president of the Grapeland Height Civic Association.
The reason I'm here today is in regard to the Melreese Golf Course. For three years, the
community has been waiting and waiting. They talk about money. They had the money there
for years and years and years. The golf course been running down. No money been... City of
Miami hasn't made any money on it. And now... And the community is getting upset. We wait
three years. I think that's enough. I think enough is enough. And I will appreciate if the
Commission would vote today to get that... get the golf course going and get Charlie De Lucca
as Manager, and let's get going. The only thing I'm over here today to preserve of
environmental... preserve a beautiful piece of land, have a beautiful piece of golf course that the
City of Miami don't have no golf course. And that's the proper place to have a beautiful golf
course. I will appreciate it if the City Commission get this over, get Charlie De Lucca working,
and vote for this, for this item today. Thank you.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Mayor Clark: Your name and address, please.
Mr. John Simmonite: My name is John Simmonite. I'm vice president of the Grapeland Height
Civic Association. And I would strongly urge the City of Miami Commission to approve this
ordinance. For one thing, the Melreese Golf Course is the largest green area within the City of
Miami. ' Also, for the past couple of years, it's been costing the City of Miami about two hundred
thousand ($200,000) a year just to maintain it. Now, if this ordinance is passed, the City of
Miami will not only receive two hundred and seventy-five thousand a year from the management
of the golf course, but they will also be saving the two hundred thousand ($200,000) deficit it's
costing. So they'd be gaining, actually, about four hundred and seventy-five thousand
($475,000) a year. And the thing of it is, we... We need this golf course. And there are, from
what I understand, some people that would just as soon see the golf course go under, because the
City would probably make a lot more money if they leased out the area to have two or three
high-rise hotels put there. They leased out a paved area for the car rentals to park their cars
there. They'd probably make a lot more money. But what would it do to our community? And
the thing of it is, for the residents of Grapeland Heights, we need that place for the children. We
need the green area. And one thing... One of the main issues about this ordinance, why we need
to have it passed, it would give Charlie De Lucca the opportunity to run specials, put coupons in
the paper. Like Mondays... Monday is a very slow day for golf. He could put a coupon in there.
It... Say you can play golf for twenty dollars ($20). You've got... I mean, wouldn't it be better
to have 40 people playing golf at twenty dollars ($20) than ten people playing golf at forty
dollars ($40)? The thing of it is, right now, if this ordinance does not pass, it would... The City
Commission would have to approve any rate change, or if he wanted to... He can't raise the
rates. He can keep the top rates for the tourists that come in. But he could put coupons in the
paper saying that the City and the County residents could have... work at a discount. And... But
if it has to go through the Commission, that could take months. I mean, it's... For instance, this
ordinance was approved on first reading in October. It got postponed till November. It got
postponed again to December. And now, here it is now in January. If this ordinance goes
through, Charlie De Lucca would only have to call the City Manager, get his approval, and
everything could go through, and the golf course could start making money. The thing of it is, to
the golf community... Now, Charlie isn't on TV all the time, and he's not well known to most of
the community. But however, to the golf community, Charlie De Lucca is to the golf
community what Don Shula is to football.
(APPLAUSE)
40
January 25, 1996
Commissioner Plummer: Is that both retired?
Mr. Simmonite: Pardon me?
Commissioner Plummer: Both retired?
Mr. Simmonite: Not quite. But the thing is, also, we'd like to see something done with the
Stephen Clark Building. It was damaged and received a lot of leaks during Hurricane Andrew in
August of '92, plus they've had to take out the asbestos insulation. But I've noticed that there's
graffiti painted on the door to the place, and it's becoming an eyesore. And that Stephen Clark
Building was... I tell you, that was the hub of the community. They had art classes in there, they
had ceramics classes. Friday evenings, they had dance classes. They had programs for the
handicapped. And now, it's just closed up. And we would like to get that reopened. And...
Mayor Clark: All right. Thank you, sir, for your comments.
Mr. Simmonite: Thank you, sir.
Mayor Clark: Thank you.
(APPLAUSE)
__ Mayor Clark: Other persons wanting to speak on this item from the public? Yes, sir. Give us
your name and address.
Mr. Joe Rodriguez: OK. My name is Joe Rodriguez. I live in South Miami, 5410 Southwest
64th Place. But I am an attorney, and I own a 13,000 square foot building in the City of Miami.
I am also an avid golfer. In fact, the first lesson I ever took, he didn't... You didn't do a good
job, but Charlie gave it to me. And I've been hooked ever since.
Vice Mayor Gort: Are you trying to get even now?
Mr. Rodriguez: Excuse me?
Vice Mayor Gort: Are you trying to get even now?
Mr. Rodriguez: Well, sort of. I'm here to voice my support for his group, not only because he's
a good friend of mine, but I think that he is the best man for this particular job. And he's been
there for ages, almost as long as I've been around. He knows the pulse of the community. He
knows what is needed for that particular area. I don't think Michael Jordan is going to come
down here and know what the community needs. I don't think that the - the group that was
going to build a hotel over at the Country Club of Miami is going to be able to come in here and
manage this facility. I can't think of a better caretaker of the monies that are going to be
invested into this facility than Charlie De Lucca. You have a prime area. I play there as often as
I can in the afternoon. I just shoot down the expressway, and I play around. The conditions are
deplorable, and it's through no fault of his. You got a tremendous layout. It's probably the
best - one of the best layouts, as far as golf course architecture is, that you have in the City of
Miami. It's easily accessible. Charlie can run all types of leagues. I don't know of anybody that
wouldn't go an extra yard that knows him and knows his commitment to golf and to the
community that wouldn't stand a hundred percent behind him. I don't know all of the details of
the contract, but I had a good old friend of mine that gave me... He says, you know, with good
people, you can never have a bad contract. He says, with bad people, no matter how good the
terms are, you can never have a good contract. And, you know, I know that there is a procedure
to be followed by the City with regards to bids and whatnot, but when Mr. Huizenga had to hire
somebody, and he knew he had the best man on the job, the deal was done in a week.
(APPLAUSE)
Mayor Clark: All right. Other persons from the public wish to speak? Yes, sir.
Mr. Eduardo La Casa: Good morning, Commissioners. My name is Eduardo La Casa. I'm an
1 attorney with offices at 3191 Coral Way, and I'm here on behalf of the Coconut Grove Civic
Club, to ask for you to vote against this contract for Melreese Golf Course. I've been asked to
lstudy this with a view towards possible action in Court, seeking declaratory judgment to have
this contract declared a lease. I've studied it, I've looked at the case law, and in... You know,
my conclusive opinion is that, this is, in fact a lease. All the factors contained in this contract
demonstrate that it's a lease. Case law, which is very close to this case - several cases right on
point - wherein the Court found that the management contract, just because it was called a
management contract doesn't make it a management contract. But you have to look at the terms.
Substance controls over form. And that's what the Courts look at. That's what this Commission
should look at. And the terms of this contract lead to the inescapable conclusion that it is a lease.
Aside from the equities involved, and the fact that the City is not going to get any profits from
the management of this golf course, this appears to be an attempt to circumvent the requirements
of Chapter 29B, which require three competitive bids or a public referendum. I think that the
people should have an opportunity to vote on a 30-year contract, potentially a 40-year contract.
____And ;dust..... You know, the... With all due respect to Mr. Knox, I can't believe that he came up
here and said that Mr. De Lucca should be entitled to an entitlement, or what amounts to an
entitlement. I think... This is not an entitlement, but that's practically what he said. There are
so many factors that favor interpretation of a lease, and lead me to believe that we will find
success in Court, in having a court de...
Mayor Clark: Sir, let me ask you about that. You said you were retained by whom?
Mr. La Casa: By the Coconut Grove Civic Club. They asked me to review this contract to see if
there was any potential, in the event that it was finalized, for seeking action in Court for a
declaratory judgment, declaring this contract void for failing to comply with the procedures set
out in Chapter 29.
Mayor Clark: Mr. Gibbs, he's on that Board?
Mr. La Casa: Yes, sir.
Mr. Tucker Gibbs: No, I'm not on that Board, but I've been designated by that Board to
represent them here tonight. Mr. La Casa, at a Board meeting, was chosen to represent them
here, as well.
Mayor Clark: OK. All right. Thank you, sir. Do you have anything further?
Mr. La Casa: Yes. I... There were so many factors favoring a lease that are contained in this
contract that I had to prepare a 13-page memorandum just to remind me. I'm not going to get
into all of that, in the interest of time. But what the Courts always say is, substance controls over
form. You have to look to the substance of the contract. And possession for a definite period of
time wherein the possessor gets the profits from the land for a definite period is always classified
as a lease. The City Attorney prepared his opinion. I read his opinion. It appeared that he had
predetermined his opinion, and directed his... all of his...
Mr. Jones: I'm glad you can read my mind, sir. OK?
42 January 25,1996
Mr. La Casa: ... directed all of his research towards that opinion. Because I found a lot of
research, a lot of cases where taxpayers or losing bidders brought action in Court to have the
contract declared a management - a lease - rather than a management contract. Just because you
call it a management contract doesn't make it so. The terms dictate, and that's what I'd like to
stress.
Mayor Clark: All right.
} Mr. La Casa: Possession? They have exclusive possession. Control? The control that... by the
City is watered down by other provisions, and I'll cite some of them. The operator shall have
quiet enjoyment. The quiet enjoyment provision, which is detailed in this contract, is consistent
with a lease. With...
Commissioner Plummer: You know, Mr. Mayor, I appreciate him giving us a lesson in Legal
101, but I thought that we were very, very clear - at least I was - when I asked in very clear,
concise English language - not legaleese - of my City Attorney, who advises us, "Is it a lease or
is it a management agreement?" Now, sir, you know, someday, if you keep studying, you might
become a City Attorney. But at this particular point, I don't think that I, as an elected official,
have the latitude to choose one opinion or the other. Let me say to you very quickly that if, in
fact, this is approved here today as a management agreement, and you go to Court, and the Court
so opines that it's a lease, I'll horse whip the City Attorney for giving me bad advice, and then
.... _..__w.e-1l_gaabout putting this out as a lease. But at this particular time, I'm being told by the people
who I pay, this is a management agreement. It is not a lease. So I hope that... You know, you
can continue to talk as long as you want, and if you're trying to establish a record for court
proceedings, that's one thing. But I'm just putting on the record, sir, that I, basically, am bound
by the ruling of my City Attorney. That's who we pay, and that's who's going to defend us in
Court, if we wind up in Court.
Mayor Clark: All right. Thank you, sir.
(APPLAUSE)
Mayor Clark: Thank you very much. Other persons want to add something?
Mr. La Casa: If I may continue, I...
Mayor Clark: Well, as long as we stay out of Court, now. Let's just...
Mr. La Casa: I'll keep it brief. The reason I'm bringing up these factors is because, you know, I
don't think that the Commission - and I read the transcripts from some of these hearings where
the .resolutions were passed - fully considered whether or not this was, in fact, a lease, and
therefore, whether or not this is void, void for failing to comply with Charter Amendment 29B.
And I think that the public is disserved if, in fact, this is a lease, and they didn't have the
opportunity to voice their opinion and the Commission didn't have the opportunity to select from
three qualified bidders. The... And the advertisement of 21 days, which is fatally deficient, in
the event that it was a lease. If this Commission truly wishes to have the golf course go to the
highest and best use, to the best operator with the best return to the City and the most benefit to
the public, they would have extended the period of advertisement, and advertised in more than
just two local papers... not even in the largest circulation, The Miami Herald. It would have been
advertised in golf magazines and other means of advertising this Request for Qualifications.
That was not done. What we're left with is, essentially, a group of - as The Herald termed it
today in its article or two articles - a group of well connected individuals. Now, this is a
management contract which indicates that the operator... You're contracting someone for their
specific services. No one is going to question Charlie De Lucca's capabilities in that regard.
But let's face facts. Thirty years with a potential for four years - 40 years with extensions? Mr.
De Lucca... You know, I hope he's here. George Burns was fortunate enough to make it to a
hundred, but I don't know any management contract which extends for such a significant period
of time. The return to the City is... The inequities run rampant through this contract. Two
hundred and seventy-five thousand dollars ($275,000). I did my own amortization schedule, and
based on the biannual payments - we're not even talking monthly payments - there is no
guarantees in the event of a default, in the event of an early termination of this contract. There
are no guarantees that these operators are going to make those two hundred and seventy-five
thousand dollar ($275,000) payments. They could default in a couple years. There is no
guarantees. No warranty is contained in this contract for the repayment of those fun&. Who's
going to pay it, if it's not there?
Mayor Clark: All right. Anything further?
Mr. La Casa: The condemnation provision. I've looked at a lot of management contracts. I've
never seen one that contains such a detailed provision in the event of condemnation. Now, if the
operators, based on their own net income estimates that they provided in their bid, which, in the
first year, is about four hundred and fifty thousand dollars ($450,000), by the sixth year, it's
about seven hundred thousand dollars ($700,000), net profit, not including the payroll that
they're going to give themselves, with no profit to the City. By definition, a management
contract - and I have case law on point - by definition, a management contract means that the
__._owner-o.£the property reaps the benefit of the profits from the property. The City is the owner.
The City is not getting the profits. All the profits are going to the operator. That is inconsistent
with a management contract.
Mayor Clark: OK. That's your opinion.
Mr. La Casa: That's what the case law says.
Mayor Clark: OK. Well, I'm not...
Mr. La Casa: Unwaveringly, the courts have found that. As I was saying, with regards to
condemnation, based on their own estimates, a rough estimate of what they would be entitled to
if there was a condemnation within the first five years of this contract, would be about thirty
million dollars ($30,000,000). They would get thirty million dollars ($30,000,000). A
condemnation award is based on the fair market value of the property.
Commissioner Plummer: Sir, would you establish on the record where you estimate that thirty
million ($30,000,000) is coming from?
Mr. La Casa: That's my rough estimate, based on their accounting of their net income that they
supplied, attached to their bid. Their bid contains their net income for each year for the first
seven years, and then an increase of five percent for every year thereafter.
Commissioner Plummer: That's a projection.
Mr. La Casa: Based on that. And that's what they'll go in and argue in Court, if there's a
condemnation and they're entitled to an award because of the loss of profit. They would be
entitled to the lost profits over a 30-year period. Maybe they can get 40. We're talking over
thirty million dollars ($30,000,000). If the fair market value of this property is thirty million
dollars ($30,000,000), the City gets nothing. They get all the condemnation award for this
property, and the City gets zero. The City still has that three point nine million dollar ($3.9
million) debt. They're not going to pay it.
44 January 25, 1996
Commissioner Carollo: But Commissioner Plummer is correct. It's only a projection. They
could end up making a lot more than they projected. Therefore, they could get much more than
the thirty million dollars ($30,000,000) that he's projecting.
Mr. La Casa: That's true. If, in fact, the fee increases are granted today, they could triple the
fees. It says in the contract that they can go up to the limit of Key Biscayne. Key Biscayne is
almost three times the fees here. The fees are going to go up for everybody except, of course, for
the senior citizens who are here in force. And I appreciate that, because right now, they have to
pay fees. If this is passed, they're not going to have to pay fees. And...
The Audience: No, no no.
S Mayor Clark: All right, sir. Anything further? Let's...
Commissioner Carollo: I have a question to the City Attorney and possibly the Manager on this.
On the three point nine million ($3.9 million) that the City's giving them... First of all, the
companies that are involved in this, when were they formed? When were they incorporated? Do
you happen to know, Mr. La Casa, or...
Mr. La Casa: Well, actually, I... You know, that's another procedure which I think this
Commission should examine, and that is in a disclosure, the bidder has to submit a disclosure
--krm-which says that he has no other contracts with the City, nor has he ever defaulted with a
contract with the City. Well, I looked at the corporations that were established to bid on this
one. There were three corporations. One of them was... Two of them were established one
month prior to submitting their bid on the RFP. Bunkers, Inc., was established two years. How
can it be an adequate disclosure if you're saying that this company which was formed one month
prior to submission of a bid has never defaulted on the City contract or has no other contracts
with the City, if the company was just formed for the express purpose of submitting a bid on this
RFQ? These...
Mayor Clark: Well, is that legal?
Mr. La Casa: Yes, it is.
Mayor Clark: OK.
Mr. La Casa:... unfortunately, now, legal, but that doesn't make it right.
Mayor Clark: Well, OK. Well, that's your opinion.
Commissioner Carollo: But my question on that is... I guess you have somewhat answered. But
1 since it appears that these companies were newly formed companies, therefore, logic would tell
you that there are not going to be many assets, if any, for the City to collect from. Once we start
giving any parts of that three point nine million dollars ($3.9 million), what guarantees do we
have from them that if they default during that period, that that three point nine million ($3.9
r` million) would be guaranteed to the City? Do they have any kind of performance bond?
Mr. Odio: They are not going to receive three point nine million dollars ($3.9 million),
Commissioner. We are going to pay the contractors as they enter into agreements to... For
instance, they renovate a green, or a bunker, or a cart path. They will be paid directly by us and
disbursement...
Commissioner Carollo: I understood that, Mr. Manager. You explained that to me before. But
what I'm talking about, specifically, is a situation like we had next door here, with a prior lease,
45 January 25, 1996
0�
that... Maybe if, you know, we would be dealing with that today, we might call it a management
contract. But anyway, in that case, it was a lease. The duck, let's call it the duck. If for any
reason they default, or the contractors that are used do not do the proper job, what guarantees do
we have from them? Do they have a performance bond? Do we have any monies that are frozen
into any accounts, since obviously, they do not have the assets in those companies to guarantee it
to us? What guarantees do we have that our monies are going to be protected?
Mr. Odio: Our monies will be protected by the City in the sense that we will disburse as
construction progresses. We will be satisfied that the work that they are billing us for has been
done, just like if we were the prime contractors. They are only operating the golf course for us.
We will be in charge of those monies.
Commissioner Carollo: And you, for the record, Mr. Manager, feel completely satisfied that we
do not require or should not require any kind of performance bond, any kind of guarantees that
if, by the time that this is supposed to be finished, if they're not around for any reason, that...
Mr. Odio: Excuse me. You want to say something? Wait.
Mr. Jones: I was just going to say, about the construction, the performance bond, the
construction company that will be doing the improvements will have... We'll be protected in
that...
_-Commissioner Carollo: Well, that's obvious.
Mr. Jones: Yeah.
Commissioner Carollo: But I'm talking about directly from them to us.
Mr. Odio: OK. The way I saw this, Commissioner...
Commissioner Carollo: Because they're supposed to be getting some fees to manage this, to
manage the contract.
Mr. Odio: They are not receiving fees from us.
Commissioner Carollo: Well...
Mr. Odio: Let me explain.
Commissioner Carollo: Then again... I don't know...
Mr. Odio: And that's why I'm satisfied.
Commissioner Carollo: Maybe someone has given me the wrong contract.
Mr. Odio: Well, we are not paying them fees. We will disburse the three point nine. If they
default after the construction is concluded, fine. We have a finished golf course that we didn't
have before, and we will just have to find another operator, or we will manage.
Commissioner Carollo: If they default. But my concern is not that. My concern is that it's not
typical, whatsoever, that before that happens, that we do not have a guarantee that if something
would happen, that those monies would be fully, fully protected.
Mr. Odio: Well, the guarantee is that we will not disburse. And if we are not satisfied with the
work done, we will not disburse.
Commissioner Carollo: Well, this is what I'm asking, Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Carollo: Do you feel totally assured, if you feel totally comfortable with that? I
just want to get it on the record.
Mr. Odio: Yes, sir.
Commissioner Carollo: That's what I want to get on the record, Mr. Manager.
Mayor Clark: All right. Mr....
Commissioner Plummer: Well, let me... Let me go a little further on that. It's my
understanding that you're saying that the monies will only - of the three point nine - will only be
expended as the improvements are made.
Mr. Odio: Correct, sir.
Commissioner Plummer: OK. Now, my main question is, do you or we, the City, retain control
over the bidding procedures?
Mr. Odio: They have to follow City procedures. They... Exactly. They must follow City
procedures.
Commissioner Plummer: OK. And do we have any control over what they propose to do?
Mr. Odio: We have... We will approve...
Commissioner Plummer: In other words, are they going to build something practical...
Mr. Odio: Yes.
Commissioner Plummer:... or are they going to build a monument to themselves?
Mr. Odio: Let me... Let me tell you why.
Commissioner Plummer: "Do we have any control?" is my question...
Mr. Odio: Yes, sir. Yes, sir.
Commissioner Plummer:... over what is going there?
Mr. Odio: Let me go a step beyond that. We do, but if they spend over - over the amounts that
have been allocated, they pay, not us.
Commissioner Plummer: But they have no recourse back against us if they default.
Mr. Odio: They have no recourse back to the City. If he goes out and spends five million
dollars ($5,000,000), they will have to pay above three point nine. That's set. That's why I feel
very secure that they are not going to do that.
Mayor Clark: All right. Mr. La Casa, are you finished?
(APPLAUSE)
Mr. La Casa: I would just like to close by asking this Commission to review carefully, and to
hold... refrain from its decision today which would finalize this contract. Review it carefully,
once again, with a view towards determining whether or not this is, in fact, a lease, and whether
or not compliance with 29B should have been done, whether or not they have adequately
advertised this so as to attain the highest and best use for its citizens.
Mayor Clark: All right. Thank you, sir.
Mr. Tucker Gibbs: Hi. My name is Tucker Gibbs, and I'm here on behalf of the Coconut Grove
Civic Club. Just to add something to what Mr. La Casa said, who is our attorney, as you know,
we do have the concerns over the approval of the contract and the waiver of the golf fees.
Basically, number one, we... Only one firm responded to the RFQ. The City advertised in only
two local papers. And what were the two local papers the City advertised in? Does anybody
know?
Mayor Clark: Yeah. The Miami Review and the Miami Times.
Mr. Gibbs: The Miami Review and the Miami Times. Thank you. Why wasn't there any trade
publications? Is there a reason why this didn't go to any trade publications?
Mayor Clark: I have no idea of that.
Mr. Gibbs: I'm curious, because this is a golf course that's had serious problems and - I agree
with the neighbors - there is no desire on me, as a taxpayer in Coconut Grove, or members of my
organization, to see Melreese Park - Melreese Golf Course not be a golf course and not be the
best golf course in the City of Miami, even though it's the only one in the City of Miami.
Mayor Clark: All right.
Mr. Gibbs: The point is, we want to make sure that it is done correctly, it is done fairly, and
everybody who has an opportunity to help develop that golf course had an opportunity. There
were only 21 days to respond. In the ordinance or not, I find it's still... 21 days to put together a
plan, put together a group to develop this golf course and manage this golf course is ridiculous.
And I will bring Mr. Plummer... Mr. Plummer knows this. How many days does it take to issue
an RFQ on Dinner Key? How long has that been sitting there in gestation?
Mr. Odio: Tucker, you know better. That's not an RFQ. That's an RFP.
Commissioner Plummer: It's an RFP.
Mr. Gibbs: An RFP. How long will the RFP take for the... How much did the RF...
Mr. Odio: Because... Because we consulted with the civic club, with the non -civic club, with
the other civic club, with the Village Council, with the non -Village Council, and everybody else
in Coconut Grove, it's taken months.
Mr. Gibbs: And what about the planning study?
Mr. Odio: The planning study...
Mr. Gibbs: The RFQ took forever, too.
r
Mr. Odio: Yes.
Mr. Gibbs: And the point I'm trying to make is, if you want to do something...
Commissioner Plummer: Just for the record, I voted against Merrill Stevens.
Mr. Gibbs: I understand that. And the point I'm trying to make is, just because it's very
important... For example, these issues were important to Coconut Grove. The condition of this
golf course, the development of this golf course is just as important to Grapeland Heights, as
well as the City of Miami, and should have been given at least the same kind of respect that you
gave Coconut Grove. And the question is, with only one response...
Mayor Clark: Well, we...
Mr. Gibbs: You know, the history of the City of Miami is incredible with these things. RFQs,
RFPs, Sherman Whittmore, whoever. These issues come up, these RFQs and RFPs go out, and
isn't it a wonder that only one group always seems to respond? And the question is, why? And
the concern from my organization is, is if this happens here, that this 30-year management
agreement... And I've got one other question. Is there any other management agreement within
the City of Miami to a private entity that is 30 years long, that's in existence now?
_--.May_or.Clark: All right. What's your other question?
Mr. Odio: The Miami Arena is a good example.
Mr. Gibbs: The Miami Arena is a great example. And it stands for itself. With all of the
problems that we're having with the Miami Arena now, if that management agreement was for
less than 30 years - if it was for five years or ten years - maybe we wouldn't be in the fix we are
in. What I'm saying is, you all are putting yourselves...
Mr. Odio: Tucker, or the Arena would not have been built. As we know the facts today, that's
easily said. At the time that...
Mr. Gibbs: Well, right now, the Arena...
Mr. Odio: At the time that the Miami Heat would only obtain a franchise if an Arena was built,
nobody came forth to build an Arena but the City of Miami and Decoma Venture. You have to
be honest about that.
(APPLAUSE)
Mr. Gibbs: I am honest with that, but I will tell you that the result of that is, is that the Miami
Heat may be moving, and they're selling the Miami... And they're selling the Florida Panthers.
Mr. Odio: True, but those are the facts today as we know them.
Mr. Gibbs: I understand that. But we have to look to the future, and that's your job as City
Commissioners, to look at the future.,
Mayor Clark: Thank you.
Mr. Gibbs: No, I'm not finished yet.
:.''
Ic
(BOOS)
Mr. Gibbs: That's too bad. I think it's a free country, and everybody has a right to speak, and
I'd like to speak, also.
Mayor Clark: For how long?
Mr. Gibbs: For how long? For at least three minutes.
Commissioner Carollo: Excuse me. Tucker, can you hold on for a second, please? Mr. Mayor,
I mean, everyone that has spoken in favor of this project here has been given the due respect to
express their point of views. Now, this is not a Kangaroo Court.
Mayor Clark: I'm not cutting him off, Joe.
Commissioner Carollo: No, No, I know that, Mr. Mayor. Of course not. You've been very
respectful, like you've always been. But even though the Commission Chambers have been
packed today like I knew it was going to be... these signs that say Melreese Golf. Course, I don't
know what that means... but no one is trying to make that into anything else. Like the rumors
that have been spread that myself, Commissioner Ferre are trying to build hotels... hotels
everywhere there, they were trying to do this, were trying to do that, it's not true. But all these
signs, someone paid for them. I mean, this has been a very well oiled, orchestrated campaign.
_-._-W..e_all J=w that. Let's not kid around. Many people that are here today in favor of this have
very, very deep vested interests - if not in this project, in others - with some of the people
involved in this project. This is not representative of the people of Miami that live and vote in
the City of Miami. So all that I ask is that I respect your opinions to be here today, in protecting
your financial interests or your personal opinions, whichever it may be. But I think we have to
give that same respect to members of the Commission that are here today, and to people that
have an opposing view. You know, this is the way that America. works. So I ask you, please... I
understand that there are very deep feelings on this, very deep financial considerations, but
everyone should have that same respect and consideration here. So thank you. Thank you, Mr.
Mayor, Tucker.
Mayor Clark: Thank you. Mr. Dawkins.
Commissioner Dawkins: Mr. Mayor, everybody knows that for previously stated reasons that
I'm against this. But when things come up that are wrong, you have to correct them. Before the
Arena was built, the Manager and this Commission commissioned a feasibility study. The
feasibility study was done. The feasibility study came back and said the Arena can survive with
or without the Heat. Is that a correct statement, Mr. Manager?
Mr. Odio: Yes, sir.
Commissioner Dawkins: So now, I say that assuming that the Manager must have that... a
feasibility study, I hope, that says that whatever he's doing now has the same degree of success
in being self-supporting as the Arena. So I don't think we should beat up on anybody for the
Arena, because anybody is planning to move out, until it has been proven that we cannot put
enough activities into the Arena to make it pay for itself.
Commissioner Plummer: Mr. Dawkins, let me go one step further, and I'll be brief. People
seem to conveniently forget around here. I was here. When that Arena was conceived, there
was no such thing as a Heat, there was no such thing as an NBA (National Basketball
Association) Basketball Franchise. The projections at the time showed that in six to seven years,
that thing should stand on its own and make money. People also conveniently forget around
50 January 25,1996
a
here that when I sat with some of the principals, and we told them that we could increase the
seating in that facility by putting a different size seat in there, they said, "For God's sakes, please
don't do it. It's going to look like an empty warehouse now." Now, the real problem today is
the sky boxes, and that is a problem for them financially, and I understand that. We only have -
what is it? 17, 1 think it is - and they want a hundred, and that's the reason they want to move.
But sometimes, it irks me that people can... People conveniently forget what they want to know.
Commissioner Carollo: Let me say one last thing for the record on the Arena that should be
said, because a lot of that has been going around for some time. And I was here in the
Commission when that was approved. In no way, shape or form was Commissioner Plummer to
blame for that situation there. There were some that have accused him, that because he wanted
some monies put into the Coconut Grove Exhibition and Convention Center, that that was the
problem for what happened over there. That is absolutely untrue. I was here during that time.
And those that were negotiating for the City at that time were the ones that convinced
Commissioner Plummer and myself and others here that everyone was in agreement of
constructing that Arena in the way that it was done at that time. So I'd just like to state that for
the record. Now, maybe he or I or all of us can be blamed for other things that... Like human
beings, we all make mistakes. But on this particular issue, there was nothing that could be put to
blame on Commissioner Plummer.
Commissioner Plummer: Thank you for your convenient memory.
_.._Mayonrlark: Thank you. All right, Mr. Gibbs.
Mr. Gibbs: Oil. I'll complete by saying... I just want - have another question. Do you all
recommend having 30-year leases as a... 30-year - excuse me - management agreements as a
regular concept in this City? Because I'm amazed. If the Arena is the only example of a 30-year
contract for a management agreement, and you're giving a 30-year management agreement to a
group that may not be in existence in 30 - or at least the principals - and we all respect Mr. De
Lucca for his experience. But the question is, is that group or the individuals in that group that
we're all talking about going to be around in 30 or 40 years? And why was this the management
agreement for that kind of a term?
Mr. Odio: Because we certainly... I can answer that very quickly, Tucker, and I'm surprised -
you come from Coconut Grove - that you're saying that. We want to protect our land, our assets.
We're not giving up our land, and we don't want to give up a valuable land like that one. You
know what, in fact you are doing here today? You are guaranteeing that that place is going to be
a golf course for a long, long time. And that's what we wanted. However, the City is not in the
business, and should not be in the business, and that's something - a mistake that we have made,
of amount of deficits we have paid here because we got into the wrong business. We're in the
business to provide basic services, not to run golf courses.
Mayor Clark: And the reason for that... The reason for that, in all fairness, was that we had a
pro golfer City Manager at that time.
Mr. Odio: I went to... Let me tell you, when this was done, we contracted a man that I thought
is highly regarded in Dade County as a whole, which is Bill Byrd. Bill Byrd ran the County golf
courses and all the park system that has been nationally recognized. And I went to him and
asked him, "Bill, how do we go about protecting this golf course? We should not be in the
business of managing. We have lost over five million dollars ($5,000,000) since I've been
managing that golf course. What do you suggest?" He said, "I suggest you follow the RFQ
process, which was done in the Country Club of Miami and other golf courses in Dade County."
And he is the one that we consulted with and paid to develop the RFQ. There is no mystery
here. It was Bill Byrd.
Mr. Gibbs: Then why...
Commissioner Plummer: Now, let me... Let me respond. Let me respond in a different way to
what... the question you just asked. Why are we giving so many years? You know amortization.
I am going to be assured, I hope, without a default - and I don't expect it, but if it does, we
retain - but without a default, the entire amount of money to improve that golf course to a first
class state of the art will not be at the expense of the taxpayers. It will be at the expense of the
management, who will pay the City the money necessary, and after the 30-year contract... After
the 30-year contract, the City will net gain, if nothing else happens, three million eighty-one
thousand four hundred and seventy-eight dollars ($3,081,478), according to Mano Surana's
mathematics, as long as the Indian...
Commissioner Carollo: Or if Armageddon doesn't come first.
Commissioner Plummer: What, Joe?
Mayor Clark: Armageddon.
Commissioner Plummer: Well, no. All I'm saying is, is that I'm looking at... We're going to
come out of this with a first class golf course, whether we do it or whether they do it. I'm
assuming the three million, and that's why I asked... My question is, do we control over? The
_....._..answ.er_was yes. We want a first class. Based on that, I am assured that the City of Miami
taxpayers are not going to have to pay for that loan to make up those improvements. Somebody
else is going to pay. At the end of the 30 years, if the mathematics are correct, the City has
gained three million dollars ($3,000,000) in just that. Now, look at it on the other hand. If we're
losing two hundred and seventy-five thousand ($275,000), then you've got to turn around and
say we saved eight million two hundred and fifty thousand ($8,250,000), or over the 30 years,
we've come out to the good and positive side of eleven million ($11,000,000) dollars. Now, that
has nothing to do with your legal question. I understand that.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: I have been... We've been on this for almost two hours.
Mayor Clark: Over two hours.
Commissioner Dawkins: I am voting against it, but I will move it in order to get it on the table
and to vote for it.
Mr. Gibbs: Can I make my one last... my one last comment on it.
Commissioner Dawkins: Please.
Mr. Gibbs: The concern is Virginia Key and Watson Island. Those were leases. Those were
rejected by the people of the City of Miami because they...
Mayor Clark: No.
Mr.Odio: No. One...
Mr. Gibbs: Excuse me. Watson Island was approved, and Virginia Key. Thank you.
52 January 25, 1996
R
Commissioner Carollo: But there were other leases.
Mr. Gibbs: They were rejected by the voters of the City... But it was rejected by the voters of
the City of Miami because they were given a choice. They were given a choice, because only
one person responded to that bid. And the concern I have is, is that the City of Miami is now
starting to call a lot of things management agreements. And the concern from my organization is
this is what's going to happen down the road, and it's going to happen right next door to here.
That's why the Civic Club is here. And what... Let me finish, please, Mr. Manager. Our
concern is, is that management agreements are going to be used to subvert the intent of the
Charter Amendment. And so what... All I want to do is ask you to do two things. Vote no
today; to direct your City Attorney to draft an ordinance that limits management agreements to
private entities to five years so that this Commission can review those management agreements,
and you don't get stuck in something for 30 years and you can't get out of it.
Mayor Clark: Thank you, sir.
Mr. Gibbs: Thank you.
Mayor Clark: Thank you.
Commissioner Plummer: Sometimes there's...
Mayor Clark: All right.
Commissioner Plummer: I have questions, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: Mr. Knox, are you speaking for the group?
Mr. Knox: My job is to speak for the group. Somebody else will answer the questions.
Commissioner Plummer: Well, OK. I need somebody to answer my questions. In the
recommendations that came back from the evaluating committee, one of the things that was
noted is the thing that I'm concerned about, and I'll read it right into the thing, in reference to the
general financial capability. I am asking that at that particular time, the net worth was eleven
thousand dollars ($11,000) in financial statements. Now, knowing how much money you have,
and how much Sergio has, and how much others have - Charlie hasn't got anything - address the
concern of the committee in reference to the general financial capability.
Mr. Knox: All right. As somebody pointed out a little bit earlier...
Commissioner Dawkins: That was me.
Mr. Knox: That was one of the speakers from this side, who talked about the newness of the
corporate entity. Now, I just suggest to you that people who understand corporations also
understand bi-corporate entities are formed. The reason that principals and the qualifying
individuals had to show their personal net worth is because this operates as an underpinning,
which demonstrates a capacity to raise the two hundred thousand dollars ($200,000) necessary to
capitalize the opening operational expenses associated with the facility itself. And the concern
was related to that financial capability_
Commissioner Plummer: Mr. Manager, I'm not a golfer. Charlie De Lucca has been trying for
years to get me to play golf, and I played once in my life in Newnan, Georgia, nine holes, and
got eleven blisters..
Mr. Odio: Thank God.
Commissioner Plummer: ... and I decided I was one hell of a good fisherman. I don't know...
My question basically is, as what is proposed here in the fees, are they fair, are they compatible
with other golf courses in the area? I don't know.
Mr. Odio: They have to be. If they...
Commissioner Plummer: Well, I understand that if they're not, they're not going to get the
business.
Mr. Odio: And they have to come back...
Commissioner Plummer: But are they in the area of being fair?
Mr. Odio: What we're giving them is the flexibility. I think it's going down instead of upwards.
What they mentioned before was coupons and things like that. Since the rate or the ordinance
set by the City is so inflexible, they have to have the flexibility of attracting business by lowering
__.. --the-prices,.-not increasing. If they have to increase above the other golf courses of equal size or...
I Mayor Clark: They won't have any business.
l
Mr. Odio:... then they have to come here to ask permission.
Commissioner Plummer: Well, I think that's like the gentleman stated, that he has four members
of the family that plays, and he has to limit his amount of play by virtue of the dollars they have
for golf.
Mr. Odio: So it is... It is to give them the flexibility to be able to attract more business than they
now have.
Commissioner Plummer: All right. I'll have a closing statement. Mr. Mayor, I have no further
questions.
Mayor Clark: All right.
Commissioner Carollo: Well, Mr. Mayor, we've heard from different people from both sides,
and I see Chris Korge has been pacing here back and forth during this time. I think the City
Attorney mentioned that he was instrumental in bringing the original contract, that they've
changed that quite a bit, as he says. I don't know if Chris might want to add anything further for
their side.
Mr. Chris Korge: No, thank you.
Commissioner Carollo: No? OK. I just want to make sure that you had the opportunity, Chris.
Anyone else that would like to make any statement?
Mayor Clark: Let me run it, Joe.
Commissioner Plummer: I'll have...
x
Mayor Clark: Please, I'll run it. I'll run it.
Commissioner Plummer: You're speaking to the public? I'd like a closing statement.
Mayor Clark: I will run it. Are there other persons interested in making a statement right now?
If not, we're going to close the public discussion. Mr. Plummer, you have the floor first.
Commissioner Plummer: Mr. Mayor...
Vice Mayor Gort: Excuse me, Mr. Mayor.
Commissioner Plummer: Mr. Gort, go ahead. I'm in no hurry.
Vice Mayor Gort: Since I'm the maker of the motion, I'd like to state the reasons why I made
the motion. A lot of the things as to why I made the motion stated here before. I would like
people to know that I lived in that neighborhood, I grew up in that neighborhood. I think one of
the main things that people in that neighborhood, every time I visit them and their homeowners'
associations, they want to make sure that they maintain that as a golf course. And I think that's
one of the reasons why I'm in favor of the 30 years, and I don't have a problem with the 30
years. That golf course has been in everybody's plan - the County, the State, and the federal
government - to do something with that land. I think the 30 years guarantee is to guarantee that
_w..-nobady_`arould play and mess around with that land there. The homeowners there, that's a very
strong neighborhood association, there's a lot of their representatives here. The president of the
association is here. And I'm looking at the numbers. You have to understand, I'm not a golfer.
I don't know anything about golf, and I'm glad. This, my understanding is, is a very small -
large industry, but it's a very peculiar industry. Their communications - and my understanding
is golfers, they communicate with each other constantly. I'm sure if there would have been an
RFO that people would have thought would be great for them, they would probably have
responded. And I think that's the reason why we probably only had one respondent. The second
thing is, in looking at the numbers, when you look at the two hundred and seventy-five thousand
dollars ($275,000) that they're going to have to pay every year, plus the two hundred... close to
three hundred thousand dollars ($300,000 that we're going to be saving, you're talking of a total
of about five hundred thousand dollars �$500,000), or half a million dollars towards the City.
The way I looked at it, debt service will be paid within seven and a half years, if you use those
figures of the savings and the proceeds from them. And those are the reasons that I was in favor
of this. At the same time, I was told by my attorneys, by my professionals at all times when they
were dealing with the contracts that it was a management contract. And like J.L. says, if we go
to court and we find out that the attorneys made a mistake, well, they're going to hear from us.
Mayor Clark: All right.
Vice Mayor Gort: And those are the reasons why I moved it and made a motion of it.
Mayor Clark: Is there a second?
Commissioner Plummer: Mr. Mayor... Oh, I thought it's already been moved and seconded.
Mayor Clark: Moved by Mr....
Commissioner Plummer: I'd like to make a statement, Mr. Mayor.
Mayor Clark:... to get it on the floor, right?
55
January 25, 1996
. 1 ..
Commissioner Dawkins: Yeah, I second it. I'm voting against it.
Mayor Clark: Well, that's all right.
Commissioner Dawkins: I second it. Just to get it off..
Mayor Clark. Get it on the floor.
Commissioner Dawkins:... get it off the table.
Commissioner Plummer: Mr. Mayor, there's some around that remember that about - I'm not
sure whether it was three years ago or four years ago at budget time - I made a proposal at that
time to get rid of the golf courses. The two golf courses were costing us a fortune. They both
were in dilapidated conditions. We did not have the money to fix them up, and it was an
embarrassment to all of us. I remember the only time I've ever been to Melreese out on the golf
course, Charlie De Lucca took me out in a golf cart, and took me around and showed me where
the trees had bent over, and the roots were sticking up, and they had been that way for years and
years, and the City just didn't have the wherewithal to do anything with it. The roof was leaking
on the building. These are things that I think that were... you know, I think Melreese would
probably come back and flip. But let me, if I may. There was a committee that was put forth to
study this in depth. And I think as you read over what their findings were is why I will predicate
my vote favorably for this. The overall... The submission was found by all committee members
_-_.to_be =y.. strong in the following areas of evaluation. Golf course management experience - that
should hope to keep away a default. Municipal public golf course management experience is
there. They found that... local golf course management experience, experience in public golf
course design and construction. They showed compatibility of course management objectives.
T ey found experience in the promotion of youth golf. They found that... the knowledge of
_ n eded golf course improvements, the competency of the pro forma financial statements, and the
extent of local ownership was submitted. Mr. Mayor, are we proud of what's there today? I
don't think anybody is. Are we denying anybody who made known that they were interested the
right.to put in a pro forma, or did we deny anybody the right to say you didn't have the chance?
Maybe 21 days may or may not be short, but it was the norm. And the City Attorney tells me
that all provisions of the Code and the Charter of this City were met. It went through an
evaluation process. And I'll only conclude by this. To the attorney who spoke previously,
represented... Mr. La Casa. Any ordinance in the City of Miami is not effective for 30 days after
second reading. There are two meetings between now and when this actual ordinance becomes
effective.
Commissioner Dawkins: This is the second reading, J.L.
Commissioner Plummer: I'm sorry?
Commissioner Dawkins: This is the second reading.
Commissioner Plummer: It is not effective until 30 days after the second reading, my colleague.
Commissioner Dawkins: But you...
Commissioner Plummer: There are two meetings in which this area could be revisited, if
necessary, or if Mr. La Casa went to Court and had it declared by the Court that this was a lease
instead of a management agreement. So we're voting here today... In effect, it's not final. I
hope that it is, that everybody is correct. But the law says very... The law is very clear. Thirty
. 56 January 25, 1996
days from today, it is in full force of law, and until that time, it is not. I'm sure that Mr. La Casa,
if he feels as strongly as he has put forth here today, will go test it in Court, and we'll find out
what the decision is. I am having to be bound by my City Attorney's ruling that it is a
management contract. Thank you, Mr. Mayor.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir. Let's read the ordinance, please.
Commissioner Dawkins: No, wait, Mr. Mayor. I'd like to make a statement.
Mayor Clark: All right.
Commissioner Dawkins: I am against the proposal on principle. I have not felt, from day one,
that the City is receiving fair return on the land value. Ever since we started, all of the neighbors
around the golf course have been adamant in two things. Number one, that the land remain the
golf course, and that they have access to the golf course. That's all they've asked. I need to
know from the City Attorney, after the vote, Mr. Mayor - I will not hold it up now - but he can
be thinking. What did Mr. Knox and those mean when they said "condemnation"? And if there
is a reverter clause where it reverts back to the City, after the vote I will need for the City
Attorney to tell me that, please, sir.
_.__._Commissioner Plummer: No, no, no. Excuse me. If that is a legitimate question, I'd like to
have that information before I make my vote. Mr. City Attorney?
Mr. Jones: I don't know what you're talking about. I mean, what do you... I'm not quite clear
what you're asking, Commissioner.
Commissioner Dawkins: OK. During the discussion, condemnation came up. In my... In the
back of my mind, the only reason you would condemn the golf course would be to sell it to the
airport for the expansion of the airport.
Mayor Clark: And that's what's behind the whole thing.
Commissioner Dawkins: Now, wait a minute, now. I'm asking... See, they're asking me what
my opinion...
Mayor Clark: That's what's behind...
Commissioner Dawkins: ... what my opinion is. OK? So I need to know from the City Attorney,
what do they mean by "condemnation"?
Mr. Jones: Well, there is a provision in the agreement which basically said... It says as follows:
"If all or substantially all the golf course facilities or applicable portion thereof are taken by any
governmental agency, this agreement shall terminate, and neither party shall have any further
right or obligations hereunder."
Commissioner Dawkins: But... Now, so... But if it's taken by another governmental entity, then
the governmental entity who's taking it is liable for whatever damages the owner who has it has.
Mayor Clark: Absolutely.
Mr. Jones: Exactly.
57 January 25, 1996
Commissioner Dawkins: Put that in the record.
Mr. Jones: And plus, they would be... They would still have to pay you the fair market value of
whatever the land is.
Commissioner Dawkins: But you'd have to pay it... The City of Miami would not be liable.
Mr. Jones: No.
Commissioner Plummer: No.
`` Mayor Clark: No.
i`
Commissioner Dawkins: All right. OK. That's all. Thank you.
Commissioner Plummer: Well, let... Mr. Mayor, please, because you know, maybe... I hate to
deal with rumors, but there was a rumor going around - and let's put it to rest right now - that, in
fact, the County was going to take over this property, and these people who were going in there
were going to buckle under to the County intentionally, and make millions of dollars. Now,
what you've just read, if I understand correctly, definitely precludes that from happening.
Commissioner Dawkins: No, it permits that to happen.
Mr. Jones: No, no, no.
j Commissioner Plummer: No, no. It permits the condemnation. But...
Mr. Odio: If I remember...
Commissioner Plummer: Read it again.
Mr. Jones: No, but what I'm saying, we can't prevent. If Dade County or the State of Florida
decided they wanted to take that land for a valid public purpose, they have the right to go in
Court and file an action to take it.
Commissioner Carollo: Exactly.
Mr. Jones: But in so doing, they have to compensate the City of Miami. So what... What this is
saying, if that happens, then the rights and obligations of both parties to the agreement is null
and...
Commissioner Dawkins: We don't own it. But they own it, Mr. Mayor. We don't own it.
Mayor Clark: No, they'd have to... They'd pay us.
Mr. Jones: I mean, it's terminated.
Commissioner Carollo: Nor can we...
Mayor Clark: Let me tell you, I don't believe... Go ahead.
Commissioner Dawkins: No further questions, Mr. Mayor.
58 January 25, 1996
Commissioner Carollo: Nor can we prevent, you know, any high caliber lobbyist that in the
future might want to lobby their friends in the County Commission to come and try to take that
land over for a good public purpose. So what I'm trying to say is...
Commissioner Plummer: But even if that does occur, how does it hurt the City?
Commissioner Carollo: ... that let's not anybody kid each other here, or have people be used into
thinking that what we're doing here today in discussing this item is to save Melreese Golf
Course. Ladies and gentlemen, there is no such thing that's being contemplated here today.
Melreese Golf Course can only be saved by the citizens of this City.
Mayor Clark: That's who saves it, right out there.
Commissioner Carollo: That's why the best way to save all of our properties is by the Charter
Amendment that we have now, that if you do not get three bids for any lease, then you put it up
to a referendum so that you, the citizens of Miami that are at home or at work today, can vote
upon this.
Mayor Clark: All right. I'm going to make one short statement, then call the roll. The reason
the golf course at Miami Springs and the golf course at Melreese are in such deplorable
condition, every dime that was made on those golf courses came back to the general fund of the
City, and was disbursed somewhere else. Now, just the opposite happened on Key Biscayne.
__—ne_Cou=y paid a million and a half dollars to develop that golf course back in 1972. They
went out on a bond issue and bonded for a million and a half dollars to develop that golf course
and to pay for it. It was nothing but submerged land at the time. And all the money that was
generated by that golf course went back into paying for the debt, and leave the rest in the golf
course fund to manage the maintenance of the golf course. That's the reason Miami Springs and
that's the reason LeJeune - I mean Melreese Golf Course just went right down the drain. That
won't happen here. We've learned our lesson there, and we told that to the City a long time ago.
That's long before Cesar ever got here or other members of this Commission, even before J.L.
And hell, that's back in the time of Moses, I believe. But ladies and gentlemen, let them try to
condemn this land. It's been talked, and I know what's been talked. We promised you when I
was the Mayor of the County we would not take that land, we would move that parking depot
north of 21st Street, where all the industrial land is up there, rather than take the only golf course
and greenland we have in the City of Miami. And I would doubt very seriously whether a judge
or a jury, with this group out there opposing it, and a lot of other people opposing it, would even
move to grant condemnation for the County to take that over, or the State, or anyone else. There
was a big lawsuit out there many years ago, a federal lawsuit, that was lost by the people of
Grapeland Heights, because they were duped into the fact that the planes should not be there.
The planes were there before the people got there. Now, the people accept the planes. They
understand that. So let's don't get into a discussion of that. And Mr. Attorney, read the
ordinance.
Commissioner Carollo: Mr. Mayor, if I may, before... If I can present a substitute motion, sir.
Mr. Jones: It's not proper.
Commissioner Dawkins: Before you present your sub...
Commissioner Carollo: Substitute motion would have a precedent over this motion if it is
seconded and we vote upon it.
Mayor Clark: Is that allowable?
59 January 25, 1996
Commissioner Plummer: Of course it is.
Mr. Jones: Huh?
Commissioner Plummer: Substitute.
Mr. Jones: You're not dealing with... It would be a substitute ordinance.
Mayor Clark: Substitute ordinance. You got it read?
Commissioner Carollo: Yeah, a substitute motion to the ordinance is being presented here.
Mayor Clark: Give us the... You're the minister of the parliamentary procedure, Mr....
Commissioner Plummer: He can amend the ordinance.
Mr. Jones: He can amend the ordinance.
Commissioner Plummer: But if you offer a substitute, it would have to be an entire.
Commissioner Carollo: I believe, Mr. City Attorney, that if we would look at Robert Rules, we
could still present a substitution motion.
Mr. Jones: We deal under Masons, Mr. Carollo, and I'm not...
Commissioner Carollo: Right, right, and Masons and Robert Rules.
Mr. Jones: I'm not a parliamentarian, by any means, but I'll try to work with you.
Commissioner Carollo: All right. If I am not correct, or if the Commission feels that we should
deal with this motion precedent, then I withdraw, it's no problem. I would just then like to be
allowed to make a statement to my colleagues, before we vote upon it, and that is if we could
consider seeking a declaratory judgment from the Courts on whether this is a management
contract or a lease.
Mayor Clark: We haven't done anything yet, Joe.
Commissioner Dawkins: Mr. City Attorney, for the record, is there a reverter clause? I asked
the question and you did not answer it.
Mr. Jones: No. No. There wouldn't be a reverter clause, because the City owns the land. The
City is not giving up ownership of the land.
Commissioner Plummer: What are you going to revert?
Mr. Jones: There is no need for a reverter clause. The only thing that... The only thing that
needs to be protected, which you're protected by by the default provision there, that if they
default on what they're obligated to do under the contract...
Commissioner Dawkins: OK. Thank you. Thank you.
Mayor Clark: All right.
f�J
Commissioner Plummer: Well, let me ask, Mr. City Attorney... Maybe I'm losing something
here. Mr. Carollo wants to go to a declaratory judgment, which, in effect, is the same as what
Mr. La Casa is going to be doing in Court.
Mr. Jones: Well, let me... Let me address it for you.
Commissioner Plummer: Well, let me finish, if I may, please.
Mr. Jones: Sure.
Commissioner Plummer: If, in fact, the Court rules that this is a lease instead of a management,
what we've done is null and void. Is that correct?
Mr. Jones: That would be correct.
Commissioner Plummer: Absolutely. So, you know, unless Mr. La Casa is not going to do what
he said he did, I... you know, and Mr. Carollo has said what he is going to do, it's going to go to
Court, and the judge is going to rule that it's either one way or it's the other.
Mayor Clark: OK.
Commissioner Carollo: The question is, will... By this Commission approving this today, will it
Commissioner Plummer: A vested right?
Commissioner Carollo: ... a vested right? That's what I was asking beforehand, Mr. City
Attorney.
Mr. Jones: They won't have a vested right until 30 days after the ordinance is passed today.
That would be the date that the ordinance becomes effective.
Commissioner Carollo: Exactly. But...
Mr. Jones: The ordinance is tied to the contract.
Commissioner Carollo: As we know, it might take more than 30 days for a Court to hear and
rule on this. So this is why I was asking my colleagues to consider us going to the Courts before
we would vote upon this. And if the Courts say that it is a management contract, then we deal
with it as a management contract.
Mr. Jones: Mr. Mayor, let me just address that. There is a mechanism which is called a
declaratory judgment where...
Commissioner Plummer: Yeah.
Mr. Jones: ... where a party or parties, or interested persons can go in, if there is some
uncertainty or doubt as to their rights. As your City Attorney, I don't have any doubt or
uncertainty as to whether it's a management agreement. Now, if a majority of this
Commission... And I'm not sure that even if you directed a declaratory judgment to be filed that
you would have standing. Normally, it is a third person who is interested who is... who has some
doubt as to what rights, if any, they may have or may not have under the agreement. I think the
position you've taken thus far, unless you vote differently today, is that you don't have any
uncertainty or any doubt as to what you're doing today.
61 January 25, 1996
r;r `y�V.
Commissioner Carollo: That's not what everybody here has said, Mr. City Attorney. So you
could speak maybe for yourself, and maybe for other people here, but you certainly can't speak
for all five members of this Commission.
Mr. Jones: I wasn't intending to speak for all five members. What I indicated to you is that if...
Even if the majority of three of you decide that you want a declaratory judgment, I don't think
you have standing to even file one.
Commissioner Plummer: Yeah.
Mr. Jones: That is a mechanism that's basically designed for an outside party...
Mayor Clark: OK.
Mr. Jones:... who has some doubt as to his rights.
Commissioner Carollo: Well, I don't think that even by what you said, it would take the rights
of all five members of this Commission as a whole, or individually, their individual rights as
citizens, also, to file that.
Mayor Clark: Well, if you want to do it, you can.
Mr. Jones: Well, that's true. You can file as an individual citizen. But I think you would have -
and I will discuss it with you - I think you would have a conflict of interest problem.
Commissioner Plummer: I hope, Mr. Mayor, that...
Commissioner Carollo: I've gotten your message, Mr. City Attorney.
Mr. Jones: Or either.
Mayor Clark: OK. Let's move forward.
Commissioner Plummer: Mr. Mayor, I would hope that Mr. La Casa was not bluffing.
Mayor Clark: Don't start him up again.
Commissioner Carollo: But you know... Mr. City Attorney?
Mr. Jones: Yes.
Commissioner Carollo: So I can leave this in the record, it's a heck of a lot more people, a heck
of a lot more people that might have all kinds of conflict of interest on this and other items.
Mr. Jones: Oh, I... Mr.... Commissioner Carollo, by no means was I trying to single you out or
anyone else. I'm just saying if any...
Commissioner Carollo: Yeah. But I just want to make it clear on the record that...
Mr. Jones: Oh, yeah, yeah.
Commissioner Plummer: Not me.
zz�er�
Commissioner Carollo:.. because I'm a member of this Commission, that does not preclude my
rights as an individual, whatsoever, even though, as I heard the City Attorney state, he would
construe that as being a conflict of interest that any actions taken by this Commission with me
here, that I would not be allowed to go into court myself and ask for a declaratory opinion,
declaratory judgment on that. You know, that remains to be seen...
Mayor Clark: OK.
Commissioner Carollo:... if that's the case or not.
Commissioner Plummer: Mr. Mayor, I'm the only one in this Commission that has the farthest
extent away from a conflict of interest in my private business.
Mayor Clark: All right. Let's move on the item. Have you read it into the record?
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Mayor Clark: All right. It's been moved and seconded, Mr. Clerk. Please call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 30, ARTICLE III, DIVISION 2, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH SETS
FORTH THE RATES AND CHARGES FOR CITY GOLF COURSES, THEREBY
ADDING NEW SECTION 30-57 EXEMPTING THOSE. CITY GOLF COURSE
FACILITIES OPERATED AND MANAGED BY PRIVATE PARTIES, PURSUANT
TO AGREEMENTS HAVING TERMS OF TWENTY YEARS OR MORE;
CONTAINING A REPEALER PROVISION A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of October 26, 1995, was taken up for
its second and final reading, by title, and adoption. On motion of Vice Mayor GoM
seconded by Commissioner Dawkins, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11331.
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.
63
January 25,1996
9
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Gort: Before I vote, I would like to say one of the reasons that the County and the
State would stay away from Melreese Golf Club is they have a very strong homeowners'
association, they have been in many meetings where I have been present, and they have given
their opinion. Yes.
Commissioner Dawkins: For previous reasons stated, I vote no.
Commissioner Carollo: For the reasons that I have previously stated, that I consider this to be a
lease and not in the best interest of the City of Miami, I vote no.
Commissioner Plummer: To give the opportunity to this City to have a first-class, state-of-the-
art golf course at no cost to the taxpayers of the City of Miami. I vote yes.
Mayor Clark: I echo Mr. Plummer's sentiments, and I... This is my old neighborhood. I don't
live there now. But I've been there for many, many years, and I know the sentiment and the will
of the people in that area, and I think that's what we're up here to do, to serve the will of the
people:."
Commissioner Plummer: Now, Mr. Mayor, please...
,,,,1�Iaygr,Clark: I vote yes.
Commissioner Plummer: I'm sorry. I'm sorry, sir. Can we ask that the people don't applaud,
just say thank you and good-bye. We've got a lot of business to do, and I don't want to take 15
minutes and waste the time.
Thank you, thank you, thank you.
----------------------------------------------------------------------------------------------------------------
7. APPOINT JOSEFINA SANCHEZ-PANDO, SONIA YAHR-SCHNEIDER,
MA.RIE RODRIGUEZ, NANCY MINETT & IVON MESA TO SERVE ON
THE COMMISSION ON THE STATUS OF WOMEN. (Pending still are 2
appointments.)
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, Mrs. Garcia -Toledo has a problem, and she asked if her
item`could be taken out of... Her item is number 26. It's just under small appointments... We'd
ask you to be quiet, or we'll reconsider the motion.
Mayor.Clark: Status of Women? This is on the Status of Women, J.L.?
Commissioner Plummer: This is on the Status of Women, Mr. Mayor: I think we can handle
this. You have two votes, Commissioner Carollo has two votes, I have one.
Commissioner Dawkins: On what?
Commissioner Plummer: On item 26, Mrs....
Commissioner Dawkins: Twenty-six?
1:
64
January 25, 1996
Commissioner Plummer: Yes. The Status of Women. She would like to be... She has a
conflicting problem.
Mayor Clark: All right.
Commissioner Plummer: I will nominate... My nomination is Jose - not Jose - Josefina
Poncho...
Mrs. Luisa Garcia -Toledo: Sanchez-Pando
Commissioner Plummer: Ponchos, Pando. The terror of Morningside - not Morningside... Item
26, Joe.
Commissioner Carollo: Twenty-six?
Commissioner Plummer: Yes.
Mayor Clark: You have appointments, Willy?
Commissioner Plummer: Well, there's two at large.
Mayor Clark: I have... How many appointments do I have?
Commissioner Plummer: You have two, Mr. Mayor.
Mayor Clark: Sonia Yahr Schneider and Maria Rodriguez.
Commissioner Plummer: Commissioner Carollo has two, if he's ready. If not, he can put it over
till the next meeting.
Commissioner Carollo: I will put it over for the next meeting. The next meeting is going to be
when? The 8th or do we...
Commissioner Plummer: That's what I'm looking at.
Commissioner Carollo: Is that still going to be the 8th or...
Mayor Clark: 8th of February?
Commissioner Carollo: Yes. Maybe we should discuss that now.
Mayor Clark: Well, let's get this out of the way.
Commissioner Carollo: OK.
Mayor Clark: All right.
Commissioner Plummer: So we'll put the two at large and the two of Commissioner Carollo
over to the next meeting.
Commissioner Carollo: Yes. Thank you.
Commissioner Plummer: Did the Status of Women...
Maycir Clark: Call the roll.
Commissioner Plummer: No, you don't have any.
Mayor Clark: Call the roll.
Ms. Pola Reydburd: We have... Pola Reydburd, Commission on the Status of Women, 2600
South Bayshore Drive. We had given Mayor Clark two names. One of them had been his
appointee who had... we want to have reappointed, Maria Rodriguez. And the other name - we
submitted her bio - is Attorney Sonia Yahr Schneider, Mayor Clark.
s �
1Vlayor Clark: I moved those two names.
Ms. Reydburd: Yeah, OK. And...
Commissioner Plummer: Do you have any recommendations for the two at large?
Ms. Reydburd: Yes, we do.
Commissioner Plummer: Who?
...__Ms-Reydburd: We have Nancy Minett and we have Ivon Mesa.
Commissioner Plummer: If there is no objection, I'll move that those names - I don't know
them - but I'll move that they be accepted for the two at large.
Mayor, Clark: Mr. Carollo, you want to hold these two names up until the next meeting. Call the
roll, Mr. Clerk.
I
.Commissioner Plummer: That would leave only Commissioner Carollo's to be...
Ms: Reydburd: OK.
k
K
..0;5vn`y
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-21
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN TO FILL THE
REMAINDER OF UNEXPIRED TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
6 AYES: Commissioner Joe Carollo
' Commissioner Miller J. Dawkins
.., Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
^ ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Ms. Reydburd: I'd like to take this opportunity to present... sorry.
Commissioner Dawkins: Two at large... Go ahead.
Commissioner Carollo: We're voting on the others, minus my two, right?
Mr. Walter Foeman (City Clerk): Yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Clark: Take care, ladies.
Ms. Reydburd: OK. I would like to take one second, Mayor Clark, to present to each one of you
a copy of our annual report, the Commission on the Status of Women.
Mayor Clark: Very good. I think that's nice.
Commissioner Carollo: Thank you, ma'am.
Mayor Clark: Thank you so much.
Commissioner Carollo: How do you do, ma'am.
Commissioner Plummer: Mr. Mayor, we only have ten minutes till lunch. Do you want to to
ahead and do the rest of the appointments? That should be easy.
Mayor Clark: Well...
K,.
Commissioner Carollo: Yeah, that might be...
Commissioner Dawkins: Why not. Why not, J.L. Go ahead.
Commissioner Carollo: You know, if I could jump to AG-11.
Commissioner Plummer: What is "AG"?
Commissioner Carollo: The appointment schedule for...
Commissioner Plummer: "AG"? What is "AG"?
Commissioner Carollo: Well, this was just given to me. AG-11.
Commissioner Plummer: What is "AG"?
Mr. Foeman: Agenda number 11. Agenda, it's the abbreviation for "agenda."
Mayor Clark: Let's do it... Let's do it in the manner in which it is on the agenda.
Commissioner Carollo: OK. Yes, Mr. Mayor.
----------------------------------------------------------------------------------------------------------------
8. APPOINT COMMISSIONERS JOE CAROLLO AND J.L. PLUMMER, JR. TO
SERVE AS EX OFFICIO VOTING MEMBERS ON THE MARITIME PARK
BOARD.
Mayor Clark: Joe Carollo and Commissioner Plummer to the Maritime Board.
Commissioner Plummer: I'm sorry, I'm sorry.
dommissioner Dawkins: So move. So move.
'lice Mayor Gort: Second.
Commissioner Dawkins: So move.
Mr. Cesar Odio (City Manager): You don't want to?
Commissioner Plummer: Yeah, yeah, yeah.
Mayor Clark: With no exception, cast a unanimous ballot.
In
January 25, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-22
A RESOLUTION APPOINTING COMMISSIONER JOE CAROLLO AND
COMMISSIONER J.L. PLUMMER, JR. TO THE MARITIME PARK BOARD TO
SERVE AS EX OFFICIO VOTING MEMBERS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
9. (A) ELECT / REAPPOINT A. QUINN JONES, III, AS CITY ATTORNEY.
B) DISCUSSION CONCERNING CITY COMMISSION'S AUTHORITY
OVER CITY ATTORNEY. (See label 11)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Electing... Reappointing Quinn Jones as the City Attorney.
Commissioner Carollo: Move.
Commissioner Dawkins: So move. Second.
Commissioner Plummer: Third.
Mayor Clark: It's been moved and seconded. Call the roll.
GSA
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-23
A RESOLUTION ELECTING AND REAPPOINTING A. QUINN JONES, III, AS
CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS
PROVIDED FOR IN THE CITY CHARTER.
(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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Dawkins: Mr. Mayor, I have a statement. I...
Commissioner Carollo: Quinn, don't smile too much, now. You and I are going to be getting
together. And it' ain't...
Commissioner Dawkins: I have a statement.
Commissioner Carollo: It ain't going to be all smiles, I guarantee you.
Commissioner Dawkins: I have a statement.
A. Quinn Jones, III, Esq. (City Attorney): It hasn't been so far, Commissioner.
Commissioner Dawkins: I have a statement. Mr....
Commissioner Plummer: Uh-oh, here it comes.
{
Commissioner Dawkins: Fellow Commissioners...
Commissioner Plummer: Uh-oh.
Commissioner Dawkins:... the City Attorney works for whom?
Commissioner Plummer: Us.
Commissioner Dawkins: For us. Therefore, the City Attorney should get his directions from
whom?
Commissioner Plummer: From us.
W
Commissioner Dawkins: Therefore, Mr. City Attorney...
Commissioner Plummer: I feel like Deon Sanders' boat.
Commissioner Dawkins: ... when you come to me telling me the Manager told you, you are
automatically fired. Now, they just told you who you work for. They just told you, you work for
us. OK.
Mr. Cesar Odio (City Manager): You don't work for us, either?
Commissioner Dawkins: No, he does not work for you. He works for us.
Mr. Odio: Oh, so we go and hire another firm to help...
Commissioner Dawkins: Beg pardon? Go what, now?
Mr. Odio: How do we get lawyers to work for the Administration.
Commissioner Dawkins: You submit it to us and we give it to you. We give it back to you.
Mr. Odio: Oh, is that... Fine, I'll bring...
Commissioner Dawkins: He works for the City.
Mr. Odio: OK. So...
Commissioner Dawkins: He works for the City Commission.
Mr. Odio: OK. So every time I need an attorney, I have to come to the Commission.
Commissioner Plummer: No, no, no. Now, this is... Come on now.
Commissioner Dawkins: No, wait. But... See, I... See... Well, who does he work for, then?
Commissioner Plummer: Well, but, Mr. Dawkins, please. There's a lot of things that are
worked out between the two of them prior to coming to us.
Commissioner Dawkins: Well, then, he's not in charge.
Commissioner Plummer: No, we're in charge...
Commissioner Dawkins: That's what I'm...
Commissioner Plummer:... because we have the final say-so. This is where the buck stops. But
if you're going to deny the two of them to...
Commissioner Dawkins: OK. I have been here long enough to know that's not working. OK?
Commissioner Plummer: Well, if it's not working, that's one thing.
Commissioner Dawkins: That's right. So I want to be able to hold the City Attorney
accountable for what I expect out of his office. OK?
in
Mayor Clark: Well, that's...
Mr. Odio: Now, that's what I want to do, J.L.
Commissioner Plummer: Well, you should be. Absolutely. We should all be that way.
Commissioner Dawkins: OK? So therefore... And whatever monies the Manager has for the
City Attorney's Office, he tells us, and we'll tell the City Attorney, and he finds out from us how
to spend it.
Mayor Clark: 'That's all right.
Commissioner Dawkins: That's all. OK, I get that understanding. That's all.
Commissioner Carollo: Well, in defense of the City Attorney, the City Attorney's Office does
give the best parties. Right, Quinn? I can vouch for that one.
Commissioner Plummer: Well, excuse me. Let's... Since we're clearing up the record, let's
clear... Let me clear something else up.
A. Quinn Jones, III, Esq. (City Attorney): You enjoyed yourself, right?
Commissioner Carollo: Commissioner Gort seconds that motion.
Commissioner Plummer: I just voted for the City Attorney, but let me tell you something that
bothers me tremendously. Some time ago, this City Commission voted -and which I think today
was a bad vote - and that was to allow the City Attorney to put together his own budget without
consideration of the remaining portion of the entire City budget. Now, I'm not saying the City
Attorney doesn't have the right to put his budget together, but I think he's got to be in concert
with the overall total budget of the City. And as such, has to work with the Manager to come
forth in understanding what the budget is, in total, not in part.
Commissioner Dawkins: I beg to differ with J.L. Plummer.
Commissioner Plummer: OK. That's what makes ball games.
Commissioner Dawkins: Wait a minute, wait a minute. Wait one minute.
Vice Mayor Gort: We voted that down.
Commissioner Plummer: Huh?
Vice Mayor Gort: We voted that down.
Commissioner Dawkins: We told the City Attorney to develop...
Commissioner Plummer: Excuse me. I stand corrected. We voted it down.
Commissioner Dawkins: That's right. ... develop your budget, you give it to us, and the
Manager will tell you how much money is available to your office...
Commissioner Plummer: I have no problem with that.
Commissioner Dawkins:... and you work within that. That's what he did.
Commissioner Plummer: OK. That's what I have no problem with.
Commissioner Dawkins: OK. Well, then, let's... OK. Put it on the record.
Commissioner Plummer: OK.
Mayor Clark: OK. Let's move forward. Item...
Commissioner Carollo: That...
Vice Mayor Gort: Mr. Mayor, Mr. Mayor, Mr. Mayor...
Commissioner Plummer: What's the next item?
Vice Mayor Gort: I got one statement.
Commissioner Carollo. Quinn, can I get a legal advice from you on this? In no way is this
giving you a contract or any vested rights, right? Ha ha ha.
Mr. Jones: No. I thought I had a contract. Ha ha ha. No. Absolutely.
Commissioner Plummer: Yeah, you and and a lot of other... Police Chiefs.
Commissioner Carollo: But not for life, right?
Mr. Jones: Not for life.
Commissioner Carollo: OK.
Mr. Jones: But maybe.
Commissioner Carollo: I'll make the motion still.
------------------------------------------------------------------
10. ELECT / REAPPOINT WALTER J. FOEMAN A5 CITY CLERK.
Mayor Clark: Item number 4.
Vice Mayor Gort: Mr. Mayor, I'd like to...
Commissioner Plummer: I thought we were going to AG-11.
Vice Mayor Gort: We already passed that. Mr. Mayor, I'd like to make a statement which I
think is...
Mayor Clark: Item number 4 has not been passed.
Commissioner Dawkins: No. Item 4 we didn't get to.
Commissioner Plummer: I move Walter Foeman be reappointed.
73 January 25, 1996
Vice Mayor Gort: Second.
Commissioner Carollo: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-24
A RESOLUTION ELECTING AND REAPPOINTING WALTER J. FOEMAN AS
CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS
PROVIDED FOR IN THE CITY CHARTER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: For this time only.
COMMENTS MADE FOLLOWING ROLL CALL:
Commissioner Carollo: Walter, everything said before by everybody applies to you, right?
----------------------------
--------------------------------------- -----------------------------
11. (Continued) ADDITIONAL COMMENTS CONCERNING INTERACTION
BETWEEN CITY ATTORNEY'S OFFICE AND OTHER CITY
DEPARTMENTS. (See label 9B)
----------------------------------------------------------------------------------------------------------------
1 Vice Mayor Gort: Mr. Mayor, I'd like to make a little statement,
Mayor Clark: Mr. Gort.
Vice Mayor Gort: I had a report from the police today, and I read where they make the
statement with the comparison of the problems and the complaints against the police officers,
(; and the lawsuits against the police have dropped by 33 percent. And I think that is taking place
because of the corroborations of the Law Department working with the different departments. I
understand what you're saying, Miller, but at the same time, I think our Law Department, the
Clerk, and the City Manager have got to work real good as a team.
Commissioner Dawkins: I don't have a problem with working together, but I want it understood
who's in charge of the Law Department. That's all I want understood.
Vice Mayor Gort: Oh, no, of course.
Commissioner Dawkins: OK? That's what I want understood.
Mayor Clark: OK.
Commissioner Dawkins: So that when it goes wrong, I can go to the City Attorney and tell him,
you did this wrong, and he won't say, well, somebody told me, the Manager said, or J.L.
Plummer said, or somebody else said. OK?
Vice Mayor Gort: Very good.
Mayor Clark: OK.
----------------------------------------------------------------------------------------------------------------
12. CONFIRM APPOINTMENT OF ISABEL KATO (AFSCME
REPRESENTATIVE) TO SERVE ON THE CITY OF MIAMI AFFIRMATIVE
ACTION ADVISORY BOARD. (Pending still are 3 appointments.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 6.
Commissioner Plummer: The AFSCME (American Federation of State, County and Municipal
Employees) recommendation is Isabel Kato, K-A-T-O. And Commissioner Gort has one
appointment, and Commissioner Carollo has two.
Commissioner Dawkins: You are not the... You're not the Vice Mayor.
Commissioner Plummer: I'm trying to help expedite this.
Commissioner Dawkins: We don't need you to.
Commissioner Plummer: Go away.
i
Commissioner Carollo: I will pass on my two for the next meeting, and I will go ahead and...
i
Commissioner Plummer: Gort.
Vice Mayor Gort: I'll pass on mine.
j
Commissioner Carollo: Well, Commissioner Gort will, also, on his.
Commissioner Plummer: Mr. Mayor, with your approval, I'll try to help along here.
Mayor Clark: Well, let's just move forward. If everybody would be quiet, I can move this thing
pretty quick. I'll be out of here in ten minutes.
1'
W
Commissioner Plummer: You got it.
Commissioner Carollo: I'll move Isabel Kato.
Commissioner Dawkins: OK. All right. So move...
Mayor Clark: Cast a unanimous ballot with no exception.
Commissioner Dawkins: OK.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-25
A RESOLUTION APPOINTING AND CONFIRMING THE APPOINTMENT OF
CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI
AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS AS DESIGNATED
HEREIN.
(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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
- ---------------------------------
13. APPOINT AGUSTIN DOMINGUEZ TO SERVE ON THE CITY OF MIAMI
AFFORDABLE HOUSING ADVISORY COMMITTEE. (Note: Mr.
Dominguez is already a member the Committee.)
i
i--------------------------------------------------------------------------^-------------------------------------
Mayor Clark: Item number 7.
` Vice Mayor Gort: Two appointments.
Commissioner Dawkins: J.L. Plummer... Carollo and at large.
( Commissioner Carollo: I will bring mine for the next meeting.
Mayor Clark: All right. How about at large?
76
January 25,1996
j�,
Vice Mayor Gort: I'd like to nominate Agustin Dominguez. He's a gentleman who's been...
Commissioner Plummer: Who?
Vice Mayor Gort: Agustin Dominguez, who is here.
Mayor Clark: All right. Moved and seconded. Cast a unanimous ballot.
The following motion was introduced by Vice Mayor Gort, who moved its adoption:
MOTION NO.96-26
A MOTION APPOINTING AGUSTIN DOMINGUEZ AS A MEMBER OF THE CITY
OF MIAMI AFFORDABLE HOUSING ADVISORY COMMITTEE.
[Note for the Record: Mr. Dominguez, appointed by the Commission at -large, is already
a member of said committee. This item will be rescheduled for February 29, 1996.)
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES:
NAYS:
I`c IAUS
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
----------------------------------------------------------------------------------------------------------------
14. APPOINT DINO GALARDI TO SERVE ON THE BAYFRONT PARK
MANAGEMENT TRUST.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 8.
Commissioner Carollo: That's my appointment. I will name Dino Galardi.
Commissioner Dawkins: Second.
Commissioner Plummer: Dean?
Mayor Clark: Galorte. Dino Galardi, that's Johnny Gale's son.
Commissioner Carollo: That's correct, Mr. Mayor.
Commissioner Plummer: Is he here?
j Commissioner Carollo: I don't believe he is.
Commissioner Plummer: OK. OK.
77
6
04
Mayor Clark: All in favor, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-27
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE BAYFRONT PARK MANAGEMENT TRUST TO FILL THE REMAINDER OF
AN UNEXPIRED TERM AS DESIGNATED HEREIN.
(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
NAYS:
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
ABSENT: None.
Mayor Clark: Number 9. Mr. Carollo and Mr. Dawkins.
Commissioner Dawkins: I hold mine.
Commissioner Carollo: I would also hold mine.
Mayor Clark: You're holding both?
Commissioner Dawkins: All right. Roll mine over, sir.
NOTE FOR THE RECORD: At this point, agenda item 9
appointments to u get inances Review Committee) was
deferred.
irE:3
January 25,1996
-----------------------------------------------------------------------------------------------------------
15. CONFIRM APPOINTMENT OF MARTIN P. GARCIA AND ORLANDO
LLAMAS TO SERVE ON THE CIVIL SERVICE BOARD.
Mayor Clark: Number 10.
Commissioner Plummer: I'll move... Ten, 10, what is 10? Civil Service Board?
Commissioner Carollo: Second. Yeah. We...
Vice Mayor Gort: Civil Service. Martin Garcia...
Commissioner Plummer: I will nominate Gerald Silverman.
Commissioner Carollo: Well, I think we could do all three at one time, unless there's a
difference of opinion.
Mr. Cesar Odio (City Manager): Hold it, hold it, hold. No, no.
Commissioner Carollo: I'll move to nominate all three.
Mr. Odio: No, no, no. Excuse me. On 10, you have to confirm the appointment to certain...
elected.
Commissioner Plummer: Oh, OK. I move on 10 those that are elected by the representatives. I
move that.
Commissioner Carollo: Second.
Commissioner Plummer: Right. Move it.
Mr. Odio: And they were Martin Garcia and Orlando Llamas.
Commissioner Carollo: And second.
.Mayor Clark: With no exception, cast a unanimous ballot.
Commissioner Dawkins: And the other two were appointed.
79
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-28
A RESOLUTION CONFIRMING THE APPOINTMENT OF CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF THE CIVIL SERVICE BOARD FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
16. APPOINT RITA E. SUAREZ, T. WILLARD FAIR AND GERALD
SILVERMAN TO SERVE ON THE CIVIL SERVICE BOARD.
Commissioner Carollo: I move 11, for all three to be nominated.
Commissioner Plummer: Second.
Commissioner Dawkins: OK.
Mayor Clark: Cast a unanimous ballot.
0
w4i`l
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-29
r
i
;
i
i
}
{
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS DESIGNATED
HEREIN.
(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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
None.
----------------------------------------------------------------------------------------------------------------
17. DISCUSSION CONCERNING PROCEDURE FOR ELECTION OF
CHAIRPERSON OF CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD -- APPOINT COMMISSIONER MILLER DAWKINS TO
SERVE ON SAID BOARD. (Pending still are 5 appointments.)
Mayor Clark: Number 12.
Commissioner Plummer: Twelve, 12.
Mr. Cesar Odio (City Manager): Citywide Community Development Advisory Board.
Commissioner Plummer: Whew.
Mayor Clark: You've got two, Joe. Miller, you got one. Willy, you got one.
Commissioner Plummer: No, I got... On 12, I have none.
Mayor Clark: No, I said Willy has.
Commissioner Carollo: Yeah. I have two. I will pass on that.
Commissioner Dawkins: What is this? This is item 12?
Mayor Clark: Yes, sir.
81 January 25, 1996
1'
Q
Commissioner Dawkins: Yeah. I have something to say, I'd like to say.
Mayor Clark: All right.
Commissioner Dawkins: My fellow Commissioners, everybody has the Chairman of a Board
but me. I would like to be appointed to serve as Chairman of the Citywide Community
Development Advisory Board.
Commissioner Plummer: I so move.
Commissioner Carollo: Second.
Mayor Clark: Cast a unanimous ballot.
Commissioner Plummer: Well, wait a minute. Miller, have you given thought to that may put
you in a bind, as far as the CRA (Community Redevelopment Agency).
Commissioner Dawkins: Yes. I called Washington, and they say it does not.
Commissioner Plummer: No, I'm talking about with the people. Forget about Washington.
Commissioner Dawkins: No.
Commissioner Plummer: OIL. Hey, that's up to you.
Mayor Clark: Cast a unanimous ballot.
Mr. Cesar Odio (City Manager): I believe I need to ask the City Attorney that...
Mayor Clark: Carollo holds up on his.
Commissioner Dawkins: I already called Washington, and Washington said that as long as it is
an advisory Board, it's no problem. But if the City Attorney finds something different, we'll do
different.
Commissioner Plummer: I just think that it's the perception.
Mr. Odio: No, no, sir. I was going to ask the question that, before, you were telling me they said
that the members elected the Chair. Is... That can be changed like this, right? That's all. OIL..
Go ahead. Go ahead.
Mr. Elbert Waters: The members of the Community Development Advisory Board are elected.
Would you just check that for me, Mr. City Attorney?
A. Quinn Jones, III, Esq. (City Attorney): That's true.
r Commissioner Plummer: Well, you know...
Mr. Jones: So what you... What the Commission will do is to confirm.
Commissioner Dawkins: Go ahead, go ahead, Mr. City Attorney. Tell them what I'm trying to
do.
Mr. Jones: According to... I think the way this Board is set up - and correct me if I'm wrong - I
think that all the members are elected. Or is it... How many members are elected? I'm not sure.
82 January 25, 1996
i
oyr'�y
1"
Vice Mayor Gort: Half are elected and the other half are appointed.
Mr. Jones: Yeah. The ones... And I think what is...
Mr. Waters: Eight from the Community Development Target Area.
Commissioner Dawkins: Linda is well versed. Come, Linda. Tell us what we're doing, what's
wrong, honey.
Ms. Linda Kearson (Assistant City Attorney): Eight members of the Board are elected from the
various communities, and ten are appointed at large by the City Commission. But I think the
question is whether you can act as Chairperson of that Committee. And I think the way the
ordinance reads, the Committee elects its own Chairperson. That's the issue.
Commissioner Dawkins: What now?
Mayor Clark: The Committee elects its own Chairperson.
Ms. Kearson: The Committee elects its own Chairperson.
Commissioner Dawkins: So as an elected official living in that area, they can't appoint me as
Chairman.
Commissioner Plummer: They could.
Commissioner Dawkins: OK. I'll go lobby for that. No problem.
Mayor Clark: OK. All right.
Commissioner Carollo: Make sure you fill your...
Mayor Clark: The hour is twelve o'clock. We'll be back here at one thirty.
Commissioner Carollo: Make sure you fill your lobbying form.
Commissioner Plummer: That's it?
Commissioner Dawkins: Before we go, may I have one thing... One o'clock, OK. I'll talk...
Come on. Let's talk to the Manager on this, Irby. We won't have to bring this back. OK. One
thirty. I can't eat that fast. I can't eat that fast.
83
January 25, 1996
1,V
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-30
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD FOR THE REMAINDER OF UNEXPIRED TERMS OF OFFICE AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
_. .. NAYS:
ABSENT:
None.
None.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:01 P.M. AND RECONVENED AT 1:35 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER CAROLLO AND
COMMISSIONER DAWKINS, FOUND TO BE PRESENT.
---------------------------------------
18. GRANT REQUEST BY JEFF REYNOLDS FROM SHAKE -A -LEG FOR
WAIVER OF DOCKAGE FEES AT DINNER KEY BOATYARD.
--------------------------------------------------------------------------------------------------------
Commissioner Plummer: It's one -thirty. Mr. Mayor.
Mayor Clark: Yes, sir.
f
Commissioner Plummer: Let's go.
Mayor Clark: Item 44.
i
Commissioner Plummer: Oh, excuse me, 44.
Mayor Clark: Mr. Gort's request. Shake -A -Leg to address the Commission. Is this going to be
long?
i Commissioner Plummer: No.
fL�
Mr. Jeff Reynolds: It's going to be real quick.
Commissioner Plummer: What is it you're asking for?
Vice Mayor Gort: Move it.
Mr. Reynolds: Well, we're having our boats hauled out next door. We just need the
Commission to waive... the rights for the boats to be there while they're being prepared...
Commissioner Plummer: I second the motion. It's done.
Vice Mayor Gort: What happened is, before they were given the services to provide the boat in
and out of the water...
Mayor Clark: Oh, oh.
Vice Mayor Gort: So I made the motion.
Mayor Clark: All right. Moved and seconded. Cast a unanimous ballot, Mr. Clerk.
Mr. Reynolds: Thank you very much.
The following motion was introduced by Vice Mayor Gort, who moved its adoption:
MOTION NO.96-31
A MOTION GRANTING REQUEST TO MR. JEFF REYNOLDS FROM SHAKE -A-
LEG IN CONNECTION WITH WAIVER OF THE RIGHT TO PAY DOCKAGE FEES
AT DINNER KEY BOATYARD.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
!. NOTE FOR THE RECORD: Commissioner Dawkins entered the
meeting at 1:36 p.m.
----------------------------------------------------------------------------------------------------------------
19. GRANT REQUEST BY SWEETWATER POLICE DEPARTMENT FOR
ACQUISITION OF THREE SURPLUS CITY OF MIAMI POLICE
KAWASAKI MOTORCYCLES.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: What about "Aqua Dulce"? Agua Dulce is asking for three
motorcycles when they become available, item 46.
A. Quinn Jones, III, Esq. (City Attorney): What number?
Mr. Cesar Odio (City Manager): When they... If and when they become available.
Mayor Clark: What number is it?
Commissioner Plummer: When they become available. Yes. I can't give them something if it's
not surplus.
Mayor Clark: What number is it?
i Commissioner Plummer: Forty-six. I move it, Mr. Mayor.
Mayor Clark: All right. Seconded by Mr. Gort. With no exception, cast a unanimous ballot.
Commissioner Plummer: Go back and tell them what a wonderful job you did here this
morning.
Mayor Clark: Good. It's on the road.
Unidentified Speaker: Thank you very much.
Mayor Clark: Yes, sir.
Commissioner Plummer: And the first time a City of Miami Commissioner gets a ticket in
Sweetwater, guess what? Ha ha ha.
86 January 25, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-32
A RESOLUTION, CLASSIFYING THREE CITY OF MIAMI POLICE KAWASAKI
MOTORCYCLES AS CATEGORY "A" SURPLUS STOCK, SHOULD SUCH
MOTORCYCLES BECOME AVAILABLE; STIPULATING THAT IN SUCH CASE,
SAID SURPLUS MOTORCYCLES SHALL BE DONATED TO THE CITY OF
SWEETWATER POLICE DEPARTMENT, TO BE USED IN THEIR EFFORTS TO
DETER CRIME, SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN
JANUARY 25, 1996 AND JANUARY 24, 1997; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY RELEASE DOCUMENTS.
E (Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
Commissioner Joe Carollo
----------------------------------------------------------------------------------------------------------------
20. CONFIRM APPOINTMENT OF L. GRANT PEEPLES, JOHNNY WINTON,
MARK SMITH, AMANCIO SUAREZ AND J. MEGAN KELLY TO THE
BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY (DDA). (See label 79)
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Are we back to the regular agenda? No, we can't be, because those
are appointments. Are we back to the regular, genda?
Mayor Clark: Yes, sir.
Commissioner Plummer: No, we can't, because those are appointments.
87 January 25, 1996
t
N
Mayor Clark: Well, you know, I don't see any reason... We've spent so much time on
everything else. Why don't we cancel all these appointments to the next meeting, Miller. You
want to do anything?
Commissioner Plummer: I can't hear.
Vice Mayor Gort: I think we have most of them done.
Mayor Clark: We're down to... What was the last item we're on, Mr....
Commissioner Plummer: Where did we stop?
Vice Mayor Gort: Number 12.
Mr. Walter Foeman (City Clerk): Agenda number 12, Mr. Mayor.
Mayor Clark: Sir?
Mr. Foeman: Agenda number 12.
Mayor Clark: 'Twelve?
Commissioner Plummer: On 12?
i
I i Mr. Cesar Odio (City Manager): No. We decide... That was... Yeah, because we were
discussing the chairmanship.
Commissioner Plummer: All right. Let's go to 14. Mr. Gort, are you happy, as Chairman, are
you happy with all of these people that are recommended?
Vice Mayor Gort: Yes.
Commissioner Plummer: I move it.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
88 January 25, 1996
0
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-33
A RESOLUTION CONFIRMING THE APPOINTMENTS OF L. GRANT PEEPLES,
JOHNNY WINTON, MARK SMITH, AMANCIO SUAREZ, AND J. MEGAN KELLY
TO THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR TERMS EXPIRING JUNE
9, 1996.
(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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
' Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
..._......_._..._._-_.ABSENT:
None.
Commissioner Joe Carollo
----------------------------------------------------------------------------------------------------------------
21. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO APPOINT INDIVIDUALS TO SERVE ON THE LA71N
QUARTER REVIEW BOARD. (See label 26)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Fifteen.
..Commissioner Plummer: Fifteen is Carollo, who is not here.
Mayor Clark: OK. Item 16.
Commissioner Plummer: Mr. Dawkins, you have one on 16.
Commissioner Dawkins: OK. All right. I'll give it to them in writing. I have it in my office,
Mr. Mayor.
Mayor Clark: All right.
Commissioner Plummer: That's fine.
'Commissioner Dawkins: I don't have it out here.
Commissioner Plummer: Eighteen and 19 is Carollo.
Mr: Cesar Odio (City Manager): Seventeen.
89 January 25,1996
Commissioner Plummer: Twenty is Carollo, 21, 22 is Carollo. Twenty-three, Mr. Mayor, you
have one. It's an alternate member of the Planning Advisory Board. You have two. You have
an appointment and an alternate.
Mayor Clark: Well, I'm going to... On the appointee, I'm going to hold those over till the next
meeting.
Commissioner Plummer: That's fine.
NOTE FOR THE RECORD: At this point, agenda item 23
(Planning Advisory goard appointments) was deferred.
---------------------------------------------- -----------------------------------------------------------------
22. (A) APPOINT COMMISSIONER J.L. PLUMMER TO SERVE ON THE
BOARD OF DIRECTORS OF THE PERFORMING ARTS CENTER
TRUST (PACT). (See label 66)
(B) REQUEST NOMINATING COMMITTEE TO CONSIDER FRED
JOSEPH AS MEMBER OF THE PERFORMING ARTS CENTER
TRUST (PACT).
Commissioner Plummer: Next item is two Commissioners at Large, Performing Arts. Mr.
Mayor, let me inform you, if I may, and the rest of my colleagues, on the Performing Arts. This
is a system in which we do not have what we felt we had as two Commission seats as the City of
Miami. People apply for those seats, and they are chosen by a nominating committee. I feel
very uncomfortable that I, as one of the three names that are proffered to this Commission - it's
myself, Mr. Ben Benjamin, and Mr. Bill Bayer - that I have to be in competition with those two
gentlemen.
Mayor Clark: Ben is dead, isn't he?
Commissioner Plummer: Ben Benjamin? No. No. The Trinidad, Tobego man is very much
alive. Now, there is a second seat available, which was the Commissioner who did not get
reelected, and I asked why they did not do, at that time, the decision of those three names to this
Commission. And I was so informed it was because they wanted to have a balanced Board.
Now, Mr. Mayor, if you want me to serve on that Board, I will continue, if someone nominates
me.
Mayor Clark: I move...
Commissioner Dawkins: You're nominated. So move.
Commissioner Plummer: But on the second nomination, it's to come at the later time. I think, in
all honesty, it should be someone of the area who wants to be deeply involved.
Mayor Clark: What about Mr.... What's his name?
Commissioner Plummer: Mr. Fred Joseph has asked to be...
a
January 25, 1996
�ltllAit
Commissioner Dawkins: Fred Joseph.
Mayor Clark: Fred Joseph.
Commissioner Plummer: Yeah. He's the head of that condominium association. But I don't
know that he put in an application. And by their bylaws, he has to put in an application. So I'm
just telling you that at this particular time, the Performing Arts, I would say we sent them the two
! names of J.L. and Mr. Fred Joseph.
Commissioner Dawkins: So move.
Mayor Clark: Very good. Second the... Cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-34
A RESOLUTION APPOINTING TWO INDIVIDUALS TO SERVE AS MEMBERS OF
THE BOARD OF DIRECTORS OF THE PERFORMING ARTS CENTER TRUST
(PACT) FOR TERMS AS DESIGNATED HEREIN.
_ ....(.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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
Commissioner Joe Carollo
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.96-34.1
A MOTION NOMINATING MR. FRED JOSEPH TO BE CONSIDERED AND
INCLUDED IN THE SLATE OF NAMES TO BE PROFFERED TO THE
COMMISSION BY THE PERFORMING ARTS CENTER TRUST'S NOMINATING
COMMITTEE, FOR SELECTION OF A MEMBER TO THE PERFORMING ARTS
CENTER TRUST.
91 January 25,1996
J
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
i ABSENT: Commissioner Joe Carollo
Mayor Clark: On item 25, Carollo is not here.
Commissioner Plummer: That's Carollo.
Mayor Clark: All right. Twenty-six has been taken care of.
? ' Commissioner Plummer: Twenty-six, Status of Women, we've done.
Mayor Clark: Twenty-seven.
Commissioner Plummer: Twenty-seven is Carollo.
Mayor Clark: Yeah. Twenty-eight is Carollo.
Commissioner Plummer: Twenty-eight is Carollo. Dawkins, on 29, you have one.
Mayor Clark: Urban Development Review Board.
Commissioner Dawkins: I'll pass.
Mayor Clark: OK.
NOTE FOR THE RECORD: At this point, agenda item 29 (Urban
eve opment evtew oar appointments) was deferred.
---------------------------------------------------------------------------
23. APPOINT STUART SORG TO SERVE ON THE WATERFRONT ADVISORY
j BOARD. (Pending still is one appointment).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: On 30 is Gort and Dawkins.
t : Commissioner Dawkins: Pass.
Vice Mayor Gort: Stuart Sorg.
92
January 25, 1996
Commissioner Plummer: Who?
Vice Mayor Gort: Stuart Sorg.
Commissioner Plummer: The Admiral.
Vice Mayor Gort: The Admiral.
Commissioner Plummer: All right. Second the motion.
'Mayor Clark: Hey, listen. I have a member on that Waterfront Advisory Board who is the
Chairman now. What's his name?
Commissioner Plummer: John Brennan? I don't know who's the Chairman.
Mayor Clark: I forget it now, but I want to get him off. He's missed a lot of meetings, and they
can't even get a quorum over there. So...
Commissioner Plummer: Well, sir, under the rules, if he has missed meetings, you don't have to
get him off. He's automatically off.
Mayor Clark: OK. Well, I'll find somebody else.
Commissioner Plummer: Huh? The Clerk's office will so notify him that he's no longer a
member.
Commissioner Dawkins: The Mayor is telling you he wants to replace him because he hasn't
been there. You don't understand English?
Mayor Clark: OK.
Commissioner Plummer: I do, but not Swahili.
Mayor Clark: Check that.
W
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO.96-35
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR THE REMAINDER
OF UNEXPIRED TERMS AS DESIGNATED HEREIN.
(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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
Commissioner Joe Carollo
----------------------------------------------------------------------------------------------------------------
24. APPOINT GLORIA BASILA TO SERVE ON THE ZONING BOARD. (See
label 67)
Mayor Clark: On number 31, I'm going to defer mine. Plummer, you got a name.
Commissioner Plummer: I'll... I had two. My appointee at this present time is Basila and I'll
defer the other one.
Mr. Cesar Odio (City Manager): You have one.
Commissioner Plummer: No, I have two.
Mr. Odio: Oh, two.
Mayor Clark: OK. I have two also, so I'll just hold mine up.
94 January 25, 1996
W
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.96-31
A MOTION APPOINTING GLORIA BASILA TO THE ZONING BOARD.
[Note for the Record: Ms. Basila was nominated by Commissioner Plummer. Per R-96-
66, Commissioner Carollo later nominated Tucker Gibbs for appointment as an alternate
member to the Zoning Board.]
Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
Commissioner Joe Carollo
----------------------------------------------------------------------------------------------------------------
25. APPOINT RUBEN AVILA TO SERVE ON THE CODE ENFORCEMENT
BOARD. (Pending still are 3 appointments.)
---------- -----------------------------------------------------------------------------------------------------
Commissioner Plummer: Code Enforcement. Mine, as I recall, was Ruben. Are you folks ready
to be saddled with him again? My nominee for the Code Enforcement is Ruben... Aguilar?
Vice Mayor Gort: Avila.
Commissioner Plummer: Huh?
Vice Mayor Gort: Avila.
Commissioner Plummer: I thought he was yours.
Vice Mayor Gort: No, he's yours.
Commissioner Plummer: Oh, thanks.
Mayor Clark: OK. Let's... You got that and there's a second to it. Cast a unanimous ballot.
Commissioner Plummer: That's it.
95 January 25, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-37
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS AND AS AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Joe Carollo
----------------------------------------------------------------------------------
26. (Continued) APPOINT MARIO PESTONIT TO SERVE ON THE I.ATIN
QUARTER REVIEW BOARD. (Pending still are 2 appointments.) (See label
21)
Mayor Clark: Mr. Carollo is not here, so now we move to legislation...
Commissioner Dawkins: Mr. Mayor. Mr. Mayor.
Commissioner Plummer: I would move, Mr. Mayor, that be put off until the next...
Mayor Clark: Hold it, hold it, hold it, J.L.
Commissioner Dawkins: Hold it, J.L. For 16, I appoint Mr. Mario Pestonit to the Latin Review
Board.
7 Commissioner Plummer: That's good. He is an excellent man, excellent.
4 Mayor Clark: Second the motion. Cast a unanimous ballot.
96 January 25,1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-38
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE LATIN QUARTER REVIEW BOARD TO FILL THE
REMAINDER OF UNEXPIRED TERMS AS DESIGNATED HEREIN.
(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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Joe Carollo
Mayor Clark: On item 32, City's legislative priorities, list for upcoming State session.
Commissioner Plummer: I would ask that be put off until the next meeting, Mr. Mayor. We
have a few... a little bit of a leeway there.
Commissioner Dawkins: What number?
Commissioner Plummer: The legislative.
NOTE FOR THE RECORD: At this oint, agenda item 32
egis ative priorities for the upcoming yearFwas deferred.
................................................................................................................
27. ACCEPT RESIGNATION OF ANGEL GONZALEZ (MEMBER OF
' CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD) -- TAKE
UNDER ADVISEMENT COMMENTS ENTERED INTO THE RECORD ON
THIS DATE.
-------------------
Mayor Clark: On 33, Mr. Dawkins, a discussion regarding Resolution Number 95-862.
Commissioner Plummer: Can I stop you for one minute?
Commissioner Dawkins: Yes.
97 January
5
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r
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Commissioner Plummer: Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Plummer: You know, in the future, would you put on the agenda what is 95-862?
Mr.. Odio: Yes, you're right.
Commissioner Plummer: Please.
Mr. Odio: I asked the same question yesterday.
Commissioner Plummer: You know, for the public, as well as myself.
Mr. Odio: I... You're absolutely right.
Commissioner Plummer: We don't have to dig.
Mr. Odio: This is a resolution waiving four -fifths affirmative vote of the members of the City
Commission about a person serving on a particular Board, or because he is...
Commissioner Plummer: OK. Thank you, sir. It's just in general, in the future.
Mayor Clark: All right, sir. Your name for the record.
Mr. Angel Gonzalez: Excuse me, Mayor. I'll ask permission to address the Commission before
this item will be discussed.
Mayor Clark: Thirty-two?
Mr. Gonzalez: Thirty-two, sir.
Commissioner Dawkins: Thirty-three, 33.
Mr. Gonzalez: Thirty-three, I'm sorry. My name is Angel Gonzalez. I just want to read a little
statement. My name is Angel Gonzalez, and I have lived at 3280 West Flagler Street, in the City
of Miami, in which I have resided for over 36 years, paid taxes, and vote. Jose Marti once said
that men form two factions - those that love and build, and those who hate and destroy. I belong
'to the faction of those men that love and build, and this can be demonstrated by my dedicated
work, commitment and involvement in the issues that affect Allapattah and other communities,
as well. I'm providing you today with letters from merchants, neighbors and community leaders
that attest to this fact, and I ask that they be included as part of the record. Aside from my
position, my paid position in ABDA (Allapattah Business Development Authority), one of the
most, if not the most productive CBO (Community -Based Organization) in the City of Miami, I
have been involved in different activities, working for the improvement and benefit of Allapattah
and other communities in the City of Miami. Let me make it very clear that these activities have
taken place after regular working hours, weekends, holidays, and without any monetary
compensation, but with a greater reward - my personal satisfaction of having contributed to the
well being of my fellow citizens and our City. In the last few months, I had the honor and
privilege to serve on the Citywide Community Development Advisory Board, an honor
conferred to me by Vice Mayor Gort and the Commission. Today, with a tremendous regret, I
am here to present my resignation to that Board, due to the fact that one Commissioner does not
believe that I deserve the honor. I don't want to serve on a Board without the unanimous
approval and support of this entire body, as it has been done in previous appointments many,
98 January 25, 1996
N
many times in the past. I am respectfully asking of you to accept my resignation, and at the
same time, I want to thank you, Mayor, and thank the Commissioners that appoint - that
supported my appointment. I'm sorry. Thank you, and God bless you all.
Mayor Clark: Thank you. Who is it that doesn't want you to serve?
Mr. Gonzalez: The Citywide... Commissioner Carollo.
Vice Mayor Gort: It is required that you have a four -fifths vote in order to serve, and since it
was not able to be there...
Mayor Clark: You know anything about this?
Vice Mayor Gort:... he respectfully requests to resign.
Commissioner Plummer: Mr. Mayor, at this time, I would take it under advisement, but not
move that we accept it.
Mayor Clark: OK. So moved. Thank you. Thank you, Angel.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.96-39
A MOTION NOT ACCEPTING THE RESIGNATION OF ANGEL GONZALEZ AS A
MEMBER OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD; FURTHER TAKING UNDER ADVISEMENT THE COMMENTS
ENTERED INTO THE RECORD ON THIS DATE IN CONNECTION WITH SAME.
[Note: Later this meeting (see label 68) the Commission clarified and affirmed that Mr.
Angel Gonzalez resigned from the Citywide Community Development Advisory Board.]
Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Joe Carollo
------------------------------------------------ ---------------------------------------------------------------
28. DISCUSSION CONCERNING REQUEST BY BRUCE HADDOCK TO USE
WATSON ISLAND FOR A MUSIC EXTRAVAGANZA IN CONNECTION
WITH MIAMI'S CENTENNIAL CELEBRATION.
Mayor Clark: On item 34.
Commissioner Plummer: Mr. Mayor, this gentleman met with me this morning. As you know, I
am your designate as the City's Chairman of the Centennial.
99 January 25, 1996
ki
Mayor Clark: Right, sir.
Commissioner Plummer: It was in conflict with the Centennial, because we have to have
Watson Island for parking during the two main events. He will be looking for another date, and
go back to the Department for the possibility of using. It has something to do with the Seminole
Indians, but he understands the dates of the 27th and the 28th that are completely out of question.
And I told him I would so inform the Commission, that he did not have to be here.
Mayor Clark: Thank you.
29. DISCUSSION CONCERNING WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION AND $5.5 MILLION SECTION 108 LOAN
TO BE PROVIDED TO DADE FOREIGN TRADE ZONE FOR
DEVELOPMENT OF WYNWOOD FOREIGN TRADE ZONE -- DEFER TO
NEXT COMMISSION MEETING -- COMMISSIONER PLUMMER
REITERATES HIS REQUEST FOR AN AUDIT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty -four -A.
Commissioner Plummer: Mr. Mayor, I ask that this matter be deferred. The one thing that I had
asked for on this thing when I attended the last meeting, in fact, was for an audit. I have been
provided with everything but the audit, and at this time, I would ask that this be deferred to the
last meeting, giving - to the next meeting - giving them the opportunity to provide me with an
audit.
MOTE FOR THE RECORD: Commissioner Carollo enters the
Commission Chamber at 1:47 p.m.
Vice Mayor Gort: J.L., let me ask you a question.
Mayor Clark: Well, there are some people here, J.L.
Commissioner Plummer: Yes, sir.
Mayor Clark: There are some people here. Do you want to recognize them?
Commissioner Plummer: Mr. Mayor, you can recognize them, but you sent me... Excuse me.
The Commission sent me to negotiate with them, and I don't feel that anybody can sit and
negotiate a financial scenario without an audit. I've asked for the audit, and that's all that I'm
asking for. I think it's very important, and you can take it from there.
Mayor Clark: Let me recognize Mr. Sondak for a moment.
Mr. Robert Sondak: Thank you, Mr. Mayor. I'm...
Commissioner Dawkins: Wait. Hold it, hold it, hold it. Mr. City Attorney.
Ms. Linda Kearson (Assistant City Attorney): Yes.
Commissioner Dawkins: There is a Court order... I mean, we were directed, I think, by the
Court system, to bring this to closure. Is that a correct statement?
Mayor Clark: A Federal Judge in New York.
Ms. Kearson: We have a settlement agreement that was entered into last February which...
Commissioner Dawkins: February of last year.
Ms. Kearson: February of last year.
Commissioner Plummer: Right.
Commissioner Dawkins: OK. So February of this year is a year.
Commissioner Plummer: No, way yet. It ain't here yet.
Ms. Kearson: Last February, we entered into a settlement agreement which, among other things,
required this City Commission to act in good faith with respect to applying for a five point five
million. dollar ($5.5 million) grant from the Federal government. We did, in fact, apply for that
grant. That grant was awarded to the City of Miami several months ago. At this point, we are,
or should be, in the process of negotiating the loan agreements with Dade Foreign Trade Zone. I
want to clarify for the record that the loan agreement for the five point five million dollars ($5.5
million) is between the City of Miami and Dade Foreign Trade Zone, Inc., as a developer of the
Wynwood Foreign Trade Zone.
Commissioner Plummer: Mr. Mayor, that happens to be an untrue statement. And I don't mean
to be in conflict with the City Attorney, but let me tell you what is reality, and I'm very surprised
that she is not aware. The collateral for that loan is the property, as well as the buildings. The
property is in the sole name of the Wynwood Community, so they are, in fact, a party thereto, as
far as the total collateral for the loan. As such, I have asked... Let me make my Commissioners
aware. At the meeting, which is the first meeting they had in a year and a half, I asked for the
minutes. In a year and a half, the minutes of the last meeting had not even been typed up. No
minutes for a year and a half. They had an office provided by the New Trade Zone at three
thousand dollars a month ($3,000). Everybody was getting their salaries, but they couldn't take
the time to type up the minutes. At least, that's what they informed me. I asked for certain
documents, as I indicated here at this Commission, documents relating to the membership, the
people involved, the minutes of the previous meeting, and an audit. I don't think anybody, in
good faith, can sit down and negotiate a loan without an audit. It just doesn't make any sense. It
makes no sense. The reason that I think that it is crucial is that Wynwood is, in fact, a party to
what is posted as the collateral of the loan. That property which they are the sole heir to is part
and parcel. Now, I'm not even speaking to the article that appeared in the paper that the
litigation is possibly there. That may be frivolous, it might be otherwise. That's not even
coming into question at this point. The point is, you asked me to do a job. As a member of that
Board, I say to you, do not ask me to do a job without an audit. And for that reason, I ask that it
be put off till the next meeting, not for my reasons, but to give them the opportunity to provide
me with an audit.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
101 January 25, 1996
Commissioner Dawkins: Madam City Attorney, you gave an opinion. Commissioner Plummer
gave his opinion. Would you put in the record again what you see as the opinion of what you're
reading.
Ms. Kearson: With all due respect... With all due respect to...
Commissioner Dawkins: Wait, no, hold it. I don't need this. You see, either you are competent
enough to give me a rendering without prompting from the City Attorney, or the City Attorney
needs to sit in the chair and tell you, "Linda, let me do this." You see, this is very... In my
opinion, this is very wrong. You have been working on this from the beginning. And if the City
Attorney had any doubts as to your ability or your whatever to interpret what you're reading, he
should have said it before now. Now, I have a serious problem. And Mr. Mayor, I don't even
want to hear any more of this. For the City Attorney to wait until after the Assistant City
Attorney has made a statement, and then whisper in her ear, as if to say, "You're wrong, this is
what I want you to say."
A. Quinn Jones, III, Esq. (City Attorney): Well, what...
Commissioner Dawkins: No, no, that's my opinion, and I'm entitled to my opinion, now. So I
would prefer not to... I'd prefer not to hear any more of this, and if... I second J.L. Plummer's
motion to defer.
Mr. Sondak: Mr. Mayor, may I be recognized for a moment?
Mayor Clark: Yes, sir.
Mr. Sondak: I'm Robert Sondak, representing the Dade Foreign Trade Zone. Mr. Mayor, on
December 7th, this Commission met. It passed three resolutions. Resolution Number 95-859,
by which the Manager was to sign an agreement with HUD (Department of Housing and Urban
Development) to receive the five point five million dollars ($5.5 million) that the Federal
government had already approved.
Commissioner Plummer: Excuse me. That has been done, correct?
Mr. Sondak: Excuse me. If I may? Resolution Number 95-860, in which the Manager was to
sign an agreement with the Dade Foreign Trade Zone to receive the five point five million
dollars ($5.5 million) - not with Wynwood, but the Dade... If I may? Section 2 of that resolution
states, "The City Manager is hereby authorized to enter into an agreement with Dade Foreign
Trade Zone, Inc."
Mr. Cesar Odio (City Manager): We're not arguing that.
Commissioner Plummer: We're not arguing that at all, sir.
Mr. Sondak: Resolution Number 95-861, in which the Manager was to apply for and sign the
application for the four point five million dollars ($4.5 million) with HUD, and then sign an
agreement with the Dade Foreign Trade Zone, Inc., governing funding of that money. Mr.
Mayor, it's been more than 45 days. The Manager has not signed those documents.
Commissioner Plummer: Excuse me.
Mr. Sondak: And I want to know why.
102
1'
Mr. Odio: I'll tell you why.
Commissioner Plummer: Well, sir, you're being very convenient in what you're quoting.
You're like a newspaper. You quote what you want to hear.
Mr. Odio: That's right.
Commissioner Plummer: Now, go on further in those minutes, and you will hear where this City
Commission designated Commissioner Plummer and Mr.... the Manager, Odio, to negotiate.
We cannot negotiate without an audit. Now, all the other stuff you've talked about, we've
applied for it, we have gone forth with the papers, but we can't negotiate without an audit. You
wouldn't sit down for one minute, sir, and negotiate any business deal without an audit.
Mr. Sondak: I'd like an answer to my question as to why the Manager has not signed those,
please, Mr. Manager.
Mr. Odio: I will tell you the answer to that, but he just told you the answer to that. We applied
for the four and a half, by the way.
Mr. Sondak: You have signed that?
Commissioner Plummer: Oh, yeah.
Mr. Sondak: Thank you.
Mr. Odio: We have applied for the four and a half.
Commissioner Plummer: Applied.
Mr. Odio: And I will not negotiate with you until the Commissioner who was appointed to
negotiate with me tells me that we're going to negotiate, because he sits on that Board, and he
has not received the information that he requested. That's when I will sit down to negotiate with
you.
Ms. Kearson: Mr. Mayor.
Mayor Clark: What can I do?
Mr. Sondak: Mr. Mayor, eleven months ago, this Commission signed and agreed to a settlement
agreement with the Dade Foreign Trade Zone. By that settlement agreement, by April of last
year, you were to have applied for the fifty... for the five point five million dollars ($5.5 million),
and you're out of compliance. You are simply out of compliance with that settlement
agreement. These are ministerial acts at this point. These are ministerial acts, which, if the
Manager, at the prompting of a City Commissioner, refuses to comply with a Resolution of this
entire City Commission, I have no choice on the matter, and I think that next week, the Dade
County Circuit Court is going to want to know from Commissioner Plummer why he,
unilaterally, is choosing to instruct the Manager not to comply with a City Resolution.
Commissioner Plummer: Well, very simple, sir, and I hope you don't waste your money going
to court. But the reason for it is, is simply that this Commission so designated me as the sole
negotiator with the Manager.
Ms. Kearson: Mr. Mayor...
103 January 25, 1996
Commissioner Plummer: It's just that simple.
Mayor Clark: Ms. Attorney.
Vice Mayor Gort: I'd like to hear from her.
Ms. Kearson: Mr. Mayor, I feel I have an obligation as the Attorney for the City Commission to
advise you that the actions that are being put forth today are improper. I feel that you are... Mr.
Plummer, with all due respect, sir, you are subjecting this Commission, and yourself personally,
to liability, because as I stated, while Wynwood is providing a mortgage as security for this loan,
the agreement is with Dade Foreign Trade Zone, period.
Commissioner Plummer: I hear you.
Ms. Kearson: Not only that, we...
Commissioner Plummer: No, no, no. Excuse me.
Ms. Kearson: No, please, please, let me proceed.
Commissioner Plummer: Go ahead, you finish.
..Ms. Kearson: Let me proceed, please.
Commissioner Plummer: You finish. I'm sorry.
Ms. Kearson: Not only are we receiving a first mortgage lien on that property, we are also
receiving assignments of all interests held by Dade Foreign Trade Zone in their lease, all
interests in their management agreements. Everything that they have, the City of Miami is
receiving as collateral. That's what we agreed to more than a year ago. That's what we are
bound by.
Mr. Sondak: Mr. Mayor, if Commissioner Plummer has a problem with Wynwood, which he
appears to have, I would encourage him to take all of the steps that, as a member of that Board,
and as a citizen of the City of Miami, are appropriate for him to take. And I would... And I
would support him in doing that. However, it is not an appropriate step for him, as a single
member of this Commission, to thwart the existing Resolutions passed by the entire
Commission.
Mayor Clark: OK, Bob. All right, hold up. Hold up now.
Commissioner Plummer: They are partners together. I asked 45 days ago for an audit, 45 days
ago, an audit. Simple. Simple. And it's not been forthcoming.
Mayor Clark: All right.
Commissioner Plummer: This is part of the scenario of the problem. If they will provide me
with an audit tomorrow, you will be back before this Commission, hopefully, on February the
8th with the final agreement.
Mr. Sondak: If I may, Mr. Mayor. Under the settlement agreement, it is expressly spelled out
what financial disclosures Wynwood is obligated to provide to this Commission. If Mr.... If
Commissioner Plummer believes that Wynwood is out of compliance with the settlement
agreement, he has the right, and this Commission has the duty, I would think, to go back to the
Dade County Circuit Court to enforce the settlement agreement.
104 January 25, 1996
Commissioner Plummer: You're right, sir.
Mr. Sondak: And I would...
Commissioner Plummer: I'll make a motion at this time...
Mr. Sondak: I would encourage you to do it.
Commissioner Plummer: I will make a motion at this...
Mr. Sondak: However... Excuse me.
Commissioner Plummer: Well, are you finished? I'll make a motion at this time, to
accommodate you, sir, that this City Commission instruct the Law Department to go back to the
Circuit Court to reopen the consent decree.
Mr. Sondak: That was...
Commissioner Plummer: I'll make that motion whenever you're ready.
Mr. Sondak: Well, that, you don't have the right to do. You have the right to enforce that
settlement agreement...
Commissioner Plummer: Sir, I'll go back to court when...
Mr. Sondak: ... and I'm delighted to have you do it.
Commissioner Plummer: I'll go...
Mr. Sondak: However, I'm here to enforce the settlement agreement.
Vice Mayor Gort: Excuse me.
Commissioner Dawkins: What could...
Commissioner Plummer: Mr. Mayor, I'll be very happy to make that motion.
Mayor Clark: All right, please. Please, now. Mr. Gort, you have the floor.
Vice Mayor Gort: Since I'm an outsider in this, and I've only been here two years, and...
Commissioner Plummer: If you want to be an insider, I'll resign.
Vice Mayor Gort: J.L., I can see what the problem in here is. I've seen where those investors
have got the money invested in here. My understanding is that we... that our Law Department is
telling us that the... all the guarantees are there, that if anything was to happen, a default, the City
is to recuperate this. Why don't we we go ahead, continue the negotiation, subject...
Commissioner Plummer: We are.
Vice Mayor Gort:... subject... But what do we need to take action on? What action do we need
to...
105
January 25, 1996
Commissioner Plummer: There's no action.
Mr. Sondak: We're not asking for any action.
Vice Mayor Gort: OK.
Commissioner Plummer: There's no action to be taken. We've applied.
Vice Mayor Gort: So what's the problem, then?
Mr. Sondak: May I just clarify...
Vice Mayor Gort: My understanding... Excuse me. My understanding is that the money is here,
the documents are being drafted to be signed by all of you.
Commissioner Plummer: It will be signed...
Mr. Sondak: If I could explain. The documents have been drafted and delivered to the City
Manager over two weeks ago. The City has failed to respond. How can we negotiate? We sent
them documents. They have not responded. So...
Commissioner Plummer: I haven't even seen them. Have you seen them? Excuse me. I have
not seen...
Vice Mayor Gort: It seems that you have more information than we do, because I haven't seen
them and...
Mr. Sondak: Your Assistant City Attorney will tell you that she has received loan documents.
Ms. Kearson: Yes. And they have been forwarded to the Manager and Commissioner Plummer.
They have those documents.
Commissioner Plummer: Yes, ma'am, I received them. Yes, ma'am.
Mayor Clark: All right. Mr....
Mr. Sondak: And we have yet to hear back from the City. How can we negotiate with the City?
Mayor Clark: Well, wait, wait, just a minute. Mr. Dawkins, you have the floor.
Commissioner Dawkins: The City Attorney has advised that we comply with a court order.
Commissioner Plummer: And we are.
Commissioner Dawkins: You finished, J.L.?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: OK. When you finish, I'll continue.
Commissioner Plummer: No, I'm finished. Go ahead.
Commissioner Dawkins: OK. All right. If you're finished, now, I will continue. But if you're
not finished, I will wait until you finish.
106 January 25, 1996
f�,
Commissioner Plummer: I appreciate that, but I'm finished.
Commissioner Dawkins: OK. Thank you. The City Attorney has advised that we must comply
with a court order. Commissioner Gort has attempted to reach a compromise. I am going on
record as stating that I am following the advice of the City Attorney, and my vote is in...
whatever it takes. If it takes a negative vote to be in compliance with the advice of the City
Attorney, it will be a negative vote. If it's a positive vote in order to be in compliance with the
advice from the City Attorney, it will be a positive. But somehow, we must obey the law. Now,
if you want to do it as Willy suggested, as we do things around here, this is passed tentatively,
and if I do not get what I need in my hand by so and so date, then it is voided. Do that. But
whatever... Let's do something, because at the next meeting, just like they've got all these
people out here, I'm going to try to get some people from Wynwood to have them come down
here and understand that ain't nothing happening in Wynwood.
Commissioner Carollo: Maybe you can get the same guy that leased them the buses.
Commissioner Plummer: Commissioner Dawkins, I'm not even going to go into... But I think
that if you missed it, I think you should be aware of an article in the Miami Herald which may or
may not be true, in reference to the Free Trade Zone. All I'm asking you, sir, and my colleagues,
is to be aware.
Commissioner Dawkins: And I'm going to bring you the whole court order.
Commissioner Plummer: And I have no disagreement with my colleague, Commissioner
Dawkins, in what he says. We should proceed, and we will bring it back on February the 8th.
And I would ask that they provide me with an audit, which I've asked from day one.
Commissioner Carollo: An audit?
Commissioner Plummer: Mr. Mayor, my motion is that the matter come back on February the
8th and we proceed along those lines.
Mr. Sondak: Mr. Mayor, may I speak for a moment, please?
Mayor Clark: Just a second or two, yes. Go ahead.
Mr. Sondak: What is confusing is that we have a court order which ordered the City to do
certain things. The City did comply in the sense they applied for the HUD loan. The loan was
granted. On December 7th, this Commission unanimously authorized the City Manager to
negotiate loan documents and sign loan documents with Dade Foreign Trade Zone. This...
Commissioner Plummer: Which we're ready to do.
Mr. Sondak: Negotiation of loan documents don't take place before the City Commission. It's a
ministerial act. We presented... We drafted the loan documents. We sent the loan documents.
Nobody has responded to the loan documents. You sit down, you have comments, you review
them, you finalize them, you sign them. There is no need to come back before this Commission
to constantly ask for permission to do something which has already been authorized by this
Commission. It is a ministerial act. So I urge you to please comply with the Resolutions that
have already been adopted, and instruct your City Manager to continue to respond to the loan
documents, and sign the loan documents, in accordance with the Resolution. There is no
requirement for an audit from a third party entity. That has nothing to do with the Resolution
that was approved by this order.
107 January 25,1996
Commissioner Plummer: We're a party... We're a party to it.
Commissioner Carollo: ,All right. Can you clarify that? When you say an audit by a third party
entity, has there been an audit made yet or not?
Commissioner Plummer: Where is it?
Mr. Sondak: I'm unaware if there is an audit or not. But...
Commissioner Plummer: That's what I'm asking.
Mr. Sondak: But the settlement agreement and the Resolution...
Commissioner Carollo: No, but see, you threw me off there. When you say a third party...
Mr. Sondak: Well, it's a third party to the Resolution. The Resolution instructs the City
Manager to enter into a loan agreement with Dade Foreign Trade Zone, Inc.
Commissioner Carollo: Right.
Mr. Sondak: But Commissioner Plummer is requesting for an audit from another entity.
^ Commissioner Carollo: From another entity as...
Mr. Sondak: And maybe next month, he'll want some other documents from that entity.
Mayor Clark: Now, now, please. Keep it up, and you know what you're going to get.
Commissioner Carollo: Yeah, but see, what I'm trying to do is find out exactly what it is that he
wants, and what's been done. And he has a right to ask for anything. I mean, I would be the
first one, whether I agree with him or not - and I don't know if I do or not - that would defend
that right. And I hope that others, in the future, will do the same for me when other items on
auditing come up. But...
Commissioner Plummer: Absolutely.
I Mr. Sondak: I understand the request for information, but what we're trying to point out is that
f there is no connection between that request for information and the obligations of the City under
I the settlement agreement.
Commissioner Dawkins: But what you're miss... I'm sorry. I'm sorry.
Commissioner Carollo: But I'm trying to ascertain, for my own information - and I understood
what you said - if, indeed, there have been any audits made or not by anyone.
Commissioner Dawkins: What you're missing is - and I mean conveniently, it appears - this
Commission designated J.L. Plummer as that individual to go out with you and report back to
this Commission.
Commissioner Plummer: Correct.
Commissioner Dawkins: Now, J.L. Plummer has said that he is not comfortable with what he
has seen to make a recommendation to this Commission. Am I right thus far?
Commissioner Plummer: Absolutely.
Commissioner Dawkins: So therefore, he is saying that he will give himself 30 days to get in
hand whatever it is...
Commissioner Plummer: Or less.
Commissioner Dawkins: ... and bring it back. Now, my... And that's where the hang-up is.
Now, I'm prepared to move. But since we nominated him and gave him that duty, we have to
wait until he says... makes a report and we vote against it, or make a report and we vote with it,
and that's where we are.
Commissioner Carollo: You are the Chairman. Right, J.L.?
Commissioner Plummer: I... Well, Joe, no, I'm not the Chairman of the Board.
Commissioner Carollo: Well, that, I know, but...
Commissioner Plummer: I am the City's designee to the Board, and I was designated by the
City to negotiate with him, yes.
_--Commissioner Carollo: Right. But at some time in the past, weren't you the Chairman?
Commissioner Plummer: No, sir.
Commissioner Carollo: OK.
Commissioner Plummer: Not of that Board. I wish I was. Mr. Mayor, if I may inquire of the
City Attorney?
Mayor Clark: Yes, sir.
Commissioner Plummer: I have one question.
Ms. Kearson: Yes, sir.
Commissioner Plummer: Madam City Attorney, I'm sure that you have seen what appeared in
the Miami Herald this week. And I never take it as gospel, but if, in fact, this paragraph is true,
"The Federal Court has thrown the future of Wynwood's Economic Development Zone into
doubt, asking for a justification for establishing a second Free Trade Zone in Miami." Now, it
goes on much after that, and there's much other discussion.
Ms. Kearson: That's correct.
Commissioner Plummer: Assuming that "in doubt" means that this jurisdiction of authority says
they can't exist, then where is the 108?
Ms. Kearson: Assuming...
Commissioner Dawkins: Just a minute, just a minute, just a minute, please, Madam City
Attorney. Memorandum re Miami... See, Commissioner Plummer is reading a portion...
i
Commissioner Plummer: I said that.
Commissioner Dawkins:... of what was there. I'm going to...
Commissioner Plummer: I...
Ms. Kearson: I read the article though.
Commissioner Dawkins: I'm going to finish reading what else was there, OK? And then I want
you to respond.
"Miami Free Zone Corporation versus Foreign Trade Zone Board. You have
asked us to summarize the decision of the Court of International Trade in Miami
Free Zone Corporation versus Foreign Trade Zone Board and et cetera. As
described more fully below, the CIT (Court of International Trade) rejected all of
plaintiff Miami Free Zone Corporation's procedural challenges to the Foreign
Trade Zone Board decision approving the Wynwood Zone."
Now, discussion. The CIT (Court of International Trade) decision. The MFZ (Miami Free
Zone) raised three procedural challenges to the Wynwood grant, two of which the Court
expressly rejected, and the last of which the Court considered unnecessary to address.
Commissioner Plummer: Correct.
Commissioner Dawkins: First, Miami Free Zone claimed that it was denied due process because
the Board did not conduct a hearing with live testimony. The Court rejected that claim out of
hand, stating that there was no merit in plaintiff's argument that it is entitled to a hearing, and
j that the Board afforded plaintiff sufficient notice and opportunity to be heard. Second, MFZ
(Miami Free Zone) contended that the Board improperly accepted comments in the support of
the Wynwood grant after the close of the public comment period. Noting that Miami Free Zone,
itself, made post -comment period submission, the Court rejected this claim. Third, MFZ (Miami
Free Zone) claimed that it was entitled to a right of first refusal to operate a subzone in the
Wynwood location. MFZ provided no legal support for this claim, and the Court did not address
it.
Vice Mayor Gort: Mr. Mayor.
Commissioner Plummer: Commissioner, I'm not arguing the point. I'm merely asking if the
Court of jurisdiction pulls their Free Trade Zone permit, what does it do to the 108? It might
never happen. It might be a frivolous lawsuit.
Ms. Kearson: Right. That's right.
Commissioner Plummer: But I'm asking if it happens, where is the 108?
Ms. Kearson: If the Court reverses the decision of the Foreign Trade Zone and rescinds
Wynwood's grant of authority, first of all, we get the land back. Secondly... Secondly, the 108
is not disbursed to Dade Foreign Trade Zone until after the project is built out. The City of
Miami is not providing the construction financing. The City of Miami is providing the buyout of
the bank's construction loan to Dade Foreign Trade Zone. We do not give them a dime until the
project is completely built. Therefore, if the Court denies the application, there will not be a
Foreign Trade Zone, there will not be a five point five million dollar ($5.5 million) loan to Dade
Foreign Trade Zone, so our money is protected.
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: Yes.
110
January 25, 1996
^"Y
W,
Vice Mayor Gort: My understanding is... Let me see if I can bring some enlightenment to this.
My understanding is, we were ordered by the Court to proceed with the documentation.
Commissioner Plummer: We've done it.
Vice Mayor Gort: My understanding is staff and this Commission are proceeding with
negotiations, are proceeding with the documentation.
Commissioner Plummer: Yeah.
Vice Mayor Gort: But I can see the problem with the investors, which they have put quite a few
monies in there. At the same time, they probably spent about half a million dollars that could be
used in some other things, in lieu to a fee, is that they would like to see that expedited, and he
would like to see it delayed a little bit.
Commissioner Plummer: Yes.
Vice Mayor sport: So I think if we would go to court, we are in compliance. We might not be as
expedient as we are in the private sector. In the public sector, it might take a little longer. What
I would like to do... I don't think there's any decision to be made here. I think the documents
are here. They're going to be revising, they're going to get back to you, and I think that J.L.
..._,._xequested.something that maybe if you could give to him tomorrow, they'll be signed tomorrow.
My understanding, also, the other application has been sent in. Am I correct, Mr. Manager?
Commissioner Plummer: Yeah, we proceeded.
Vice Mayor Gort: That has been proceeded, and it's been signed and so on.
Commissioner Plummer: Mr. Gort, let me assure you and the rest of this Commission...
Vice Mayor Gort: Let me finish.
Commissioner Plummer: I'm sorry.
Vice Mayor Gort: I've been here for two years, and I know this goes way back. I think we need
to do this in Wynwood. We have some individuals that are very interested in purchasing some
of the lots south of that, and that will be helping Overtown and Wynwood quite a bit. I think we
should try to work this out, J.L., and we should continue, and we should talk to the person you're
going to do business with...
Commissioner Plummer: I'm ready.
Vice Mayor Gort:... and ask him to provide the documents. You can have them tomorrow.
Commissioner Plummer: I asked 45 days ago, and Mr. Gort, I will assure you, if they get me
that document tomorrow, before they could ever file in court, the matter will be negotiated. It's
just that simple.
Mr. Sondak: Mr. Mayor, members...
Mayor Clark: Can you provide what Mr....
Mr. Sondak: I don't represent Wynwood. Wynwood is here, and...
ill
January 25, 1996
Mayor Clark: Can they provide this audit?
Commissioner Plummer: All I need is an audit, Willy. That's all I need. It's that simple.
Mr. Bill Rios: Commissioner, we took minutes...
Mayor Clark: Identify yourself for the record.
Mr. Rios: My name is Bill Rios. I'm the Executive Director of the Wynwood Community
Economic Development Corporation. You asked for three things, and one of the things that you
f did not ask for was an audit.
Commissioner Plummer: No, I did ask for an audit at the meeting.
Mr. Rios: Well, there were 12 people at the meeting, and yourself, and eleven out of one don't
remember you asking for an audit. You were provided, and we did take notes, there were six
attorneys there...
Commissioner Plummer: I received those three documents. And you will...
Mr. Rios: If you want an audit, we will provide... Wait, wait, don't acquiesce yet. You might
;.W_. ___not.wanLto. We will provide you with an audit up to the date that we were in business. We
were not in business... You know, since the City put us out of business, you suspended our
funding, you know. We filed a complaint with HUD. You lost the complaint with HUD. And
consequently, if you reactivate the organization, after a certain period of time, we can provide
I' you with a future audit, as audits are from the date that we had funding, and we can provide a
copy of those.
Commissioner Plummer: You can't provide me with future audits.
Mr. Rios: Well, yes, after...
Commissioner Plummer: You can only provide me with past audits, and that's what I asked for.
And you will recall at the meeting, you...
Mr. Rios: Well, if you want past audits, we will provide you with past audits prior to the date
that we were put out of business. No problem.
Commissioner Plummer: Up until June the 20th of '94.
Mr. Rios: Absolutely.
Commissioner Plummer: OK? I asked at that time, and you told me that they were not
available, but you would get them.
Mr. Rios: I... Well, I'm not going to debate that with you.
Commissioner Plummer: OK.
Mr. Rios: But if what you want is an audit relative to that period of time, we will provide it for
you.
Commissioner Plummer: So do it, sir, and you should be finished next week.
112 January 25,1996
N
Mr. Rios: Thank you.
Ms. Kearson: We just want to set the record straight. We did not lose with HUD. We entered
into a conciliation agreement with...
Mr. Rios: I beg your pardon. We entered into a reconciliation agreement.
Ms. Kearson: That's correct.
Mr. Odio: That is correct.
Mr. Rios: Thank you.
Commissioner Plummer: That's fine.
Mayor Clark: Is that it?
Mr. Sondak: Then I gather that, subject to that one item, the City Manager will then comply
with the other Resolutions.
Commissioner Plummer: As far as I'm concerned, he will.
Mr. Sondak: Thank you. Thank you. I'm delighted. I appreciate your time.
Vice Mayor Gort: OK.
NOTE FOR THE RECORD: AT THIS POINT, ITEM 34-A WAS
IME AS THE WYNWOOD FOREIGN
TRADE ZONE PROVIDED THE COMMISSION WITH AN AUDIT.
----------------------------------------------------------------------------------------------------------------
30. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF
COMMUNITY RELATIONS PUBLICATIONS FROM CHANNING L. BETE
CO., INC. (FOR POLICE DEPARTMENT) -- ALLOCATE $26,870.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 35.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Carollo: Second.
Mayor Clark: All in favor, signify by saying "aye."
The Commission Collectively: Aye.
113
January 25, 1996
g*
Mayor Clark: Opposed, like sign. So ordered.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-40
A RESOLUTION, BY A FOUR-FIF1'HS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE;
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVING THE ACQUISITION OF COMMUNITY RELATIONS PUBLICATIONS
FROM CHANNING L. BETE CO., INC., THE SOLE SOURCE PROVIDER FOR THIS
SERVICE, AT A PROPOSED COST OF $26,870.00 FOR THE DEPARTMENT OF
POLICE; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT
TRUST FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF
i OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER
932.7055, AS AMENDED, AND SUBJECT TO APPLICABLE CITY CODE
PROCUREMENT PROCEDURES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
114
rba
--------------------------------------------------------------------------------------- -
31. WAIVE CODE PROHIBITION (SECTIONS 2-301 - 2-304) AS APPLICABLE
TO FRANKIE SWAIN, WHO SERVES ON THE CITY OF MIAMI HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) ADVISORY
BOARD -- IN RELATION TO HER EMPLOYMENT WITH THE ECONOMIC
OPPORTUNITY FAMILY HEALTH CENTER, SUCCESSFUL PROPOSER
FOR PROVISION OF SERVICES IN CONNECTION WITH CITY'S 1995
HOPWA PROGRAM FUNDED BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD).
Mayor Clark: Item 36.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
—Waya.Clark: Call the roll.
Commissioner Plummer: I assume the next four items, Mr. Mayor, are all the same.
Commissioner Carollo: Mm-hmm, yeah.
Mr. Elbert Waters: Yes, sir.
Vice Mayor Gort: They're all the same.
Mayor Clark: Yes.
Commissioner Plummer: OK.
Mayor Clark: Call the roll.
Commissioner Plummer: No, you don't need to. It's a resolution, Mr. Mayor.
Mayor Clark: All right. All in favor, signify by saying "aye"; opposed, like sign. So ordered.
115 January 25, 1996
f
19
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-41
A RESOLUTION, WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTIONS 2-301
THROUGH 2-304, AS SUCH PROHIBITION APPLIES TO FRANKIE SWAIN, WHO
SERVES ON THE CITY OF MIAMI HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) ADVISORY BOARD, IN RELATION TO HER
EMPLOYMENT WITH THE ECONOMIC OPPORTUNITY FAMILY HEALTH
CENTER, A SUCCESSFUL PROPOSER FOR THE PROVISION OF SERVICES IN
CONNECTION WITH THE CITY'S 1995 HOPWA PROGRAM FUNDED BY THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
32. WAIVE CODE PROHIBITION (SECTIONS 2-301 - 2-304) AS APPLICABLE
TO LAVERNE TAYLOR, WHO SERVES ON THE CITY OF MIAMI
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
ADVISORY BOARD -- IN RELATION TO HER EMPLOYMENT WITH THE
METROPOLITAN DADE COUNTY DEPARTMENT OF HUMAN
RESOURCES OFFICE OF COMMUNITY SERVICES, SUCCESSFUL
PROPOSER FOR PROVISION OF SERVICES IN CONNECTION WITH
CITY'S 1995 HOPWA PROGRAM FUNDED BY U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move 37.
Mayor Clark: Item 37.
Commissioner Plummer: I move it.
Vice Mayor Gort: Second.
Mayor Clark: Cast a unanimous ballot on that.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-42
A RESOLUTION, WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTIONS 2-301
THROUGH 2-304, AS SUCH PROHIBITION APPLIES TO LAVERNE TAYLOR,
WHO SERVES ON THE CITY OF MIAMI HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) ADVISORY BOARD, IN RELATION TO HER
EMPLOYMENT WITH THE METROPOLITAN DADE COUNTY DEPARTMENT OF
HUMAN RESOURCES OFFICE OF COMMUNITY SERVICES, A SUCCESSFUL
PROPOSER FOR THE PROVISION OF SERVICES IN CONNECTION WITH THE
CITY'S 1995 HOPWA PROGRAM FUNDED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-------------------------------------------------- -------------------------------------------------------
33. WAIVE CODE PROHIBITION (SECTIONS 2-301 - 2-304) AS APPLICABLE
TO MARY FRANCES WELDON, WHO SERVES ON THE CITY OF MIAMI
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
ADVISORY BOARD -- IN RELATION TO HER EMPLOYMENT WITH THE
CHRISTIAN COMMUNITY SERVICE AGENCY, SUCCESSFUL PROPOSER
FOR PROVISION OF SERVICES IN CONNECTION WITH CITY'S 1995
HOPWA PROGRAM FUNDED BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD).
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: Move 38.
Commissioner Plummer: Second.
Mayor Clark: Item 38 has been moved and seconded, with no exception. Cast a unanimous
ballot.
117
January 25, 1996
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-43
A RESOLUTION, WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTIONS 2-301
THROUGH 2-304, AS SUCH PROHIBITION APPLIES TO MARY FRANCES
WELDON, WHO SERVES ON THE CITY OF MIAMI HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA) ADVISORY BOARD, IN RELATION TO
HER EMPLOYMENT WITH THE CHRISTIAN COMMUNITY SERVICE AGENCY,
A SUCCESSFUL PROPOSER FOR THE PROVISION OF SERVICES IN
CONNECTION WITH THE CITY'S 1995 HOPWA PROGRAM FUNDED BY THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(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:
�Uvdz&l
NAYS:
ABSENT:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
----------------------------------------------------------------------------------------------------------------
34. APPROVE FUNDING OF (1) METROPOLITAN DADE COUNTY SPECIAL
HOUSING PROGRAMS DEPARTMENT, (2) METROPOLITAN DADE
COUNTY DEPARTMENT OF HUMAN RESOURCES OFFICE OF
COMMUNITY SERVICES, (3) CHRISTIAN COMMUNITY SERVICE
AGENCY, AND (4) ECONOMIC OPPORTUNITY FAMILY HEALTH
CENTER -- TO PROVIDE ASSISTANCE TO PERSONS WITH HIV / AIDS
AND/OR RELATED DISEASES -- ALLOCATE FUNDS FROM 1995
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAM GRANT.
Commissioner Plummer: Move 39.
Mayor Clark: Thirty-nine.
Commissioner Carollo: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
118
January 25, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-44
FA RESOLUTION APPROVING THE FUNDING OF METROPOLITAN DADE
' COUNTY SPECIAL HOUSING PROGRAMS DEPARTMENT, METROPOLITAN
DADE COUNTY DEPARTMENT OF HUMAN RESOURCES OFFICE OF
COMMUNITY SERVICES, CHRISTIAN COMMUNITY SERVICE AGENCY, AND
ECONOMIC OPPORTUNITY FAMILY HEALTH CENTER AS HEREIN SPECIFIED
FOR THE PURPOSE OF PROVIDING ASSISTANCE TO PERSONS WITH
HIV/AIDS AND/OR RELATED DISEASES; ALLOCATING FUNDS THEREFOR
i FROM THE 1995 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
("HOPWA") PROGRAM GRANT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
' AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
�4 �" `' Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
!, Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
35. ; (A) AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) -- FOR A SECTION 108 LOAN GUARANTEE ($2.7
MILLION) -- TO ASSIST IN FINANCING EXPANSION OF EDISON
PLAZA SHOPPING CENTER (TACOLCY ECONOMIC
i DEVELOPMENT CORPORATION PROJECT).
(B) COMMISSIONER DAWKINS (1) DIRECTS ADMINISTRATION TO
SEND A N.E.T. TEAM TO INSPECT BUILDINGS IN VICINITY OF
EDISON PLAZA SHOPPING CENTER PROJECT; AND (2)
REQUESTS VICE MAYOR GORT TO MEET WITH THE MIAMI
TIMES CONCERNING THIS ISSUE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 40.
Commissioner Plummer: Mr. Manager, on... Do I find a semblance between number 40, 41 and
tem,62?
;j 119 January 25, 1996
Mr. Cesar Odio (City Manager): Yeah. Forty is the resolution. Forty-one is the ordinance
establishing the funding, I believe. And...
Commissioner Plummer: Who is the person who is directly accountable for that loan and the
project?
Mr. Elbert Waters: For the loan guarantee, it's the City of Miami.
Commissioner Plummer: No. We're full faith and credit, but that's not... We're not paying it.
They're paying it.
Mr. Waters: Correct.
Mr. Anthony Rolle: The actual project will be responsible for repaying the loan.
Commissioner Plummer: My question is, who is directly responsible for the loan and the
project?
Mr. Waters: The developer, Tacolcy Economic Development Corporation.
Commissioner Plummer: OK.
Mr. Waters: Of which we guarantee.
Commissioner Plummer: Well, if they fail, we guarantee.
Mr. Waters: Yeah, correct.
Mr. Rolle: Yeah.
Commissioner Plummer: OK.
Mayor Clark: Is there a motion on 40?
Commissioner Dawkins: No, sir. More questions.
Mayor Clark: One question.
Commissioner Dawkins: Of the two point seven million ($2.7 million), to assist in the financing
of the expansion, how much more money is being put, and from where, Mr. Waters?
Mr. Waters: I would have to defer that to TEDC (Tacolcy Economic Development Corporation),
Commissioner Dawkins.
Mr. Rolle: OK. The entire project cost is four point seven million dollars ($4.7 million). The
two point...
Commissioner Dawkins: Four point seven million.
Mr. Rolle: Four point seven. The two point seven is, of course...
Vice Mayor Gort: Excuse me. Put your name and address for the record.
Mr. Rolle: Oh, I'm sorry. Anthony Rolle. I'm the chief operating officer with Tacolcy
Economic Development Corporation. The two point seven, of course, is the 108 loan. The EDI
120 January 25, 1996
(Economic Development Initiative) grant is the six hundred and seventy thousand. The
remaining funds will be... Dade County has committed seven hundred thousand.
Commissioner Dawkins: Dade County has committed, but you do not have it in hand.
Mr. Rolle: No.
Commissioner Dawkins: Seven hundred thousand.
Mr. Rolle: Seven hundred thousand from Community Development.
Commissioner Dawkins: All right. What else?
Mr. Rolle: HHS, which is the Office of Community Service has committed a grant of four
hundred and fifty thousand dollars ($450,000), which we've already accessed parts of it to
acquire certain parcels. And we have a commitment from the City of Miami for two hundred
and fifty thousand dollars ($250,000).
Commissioner Dawkins: On top of the two point seven.
Mr. Rolle: On top of the point seven, and the six hundred and seventy thousand.
Commissioner Dawkins: So what...
Mr. Rolle: In addition, most recently, we were awarded a favorable loan from Pine Bank in
connection with some tax credits that we had. So that's an additional hundred thousand dollars
that we didn't have previously. We just were awarded that.
Commissioner Dawkins: So totally, what is the City of Miami putting into this project, totally?
Mr. Rolle: As of this point, two hundred and fifty thousand dollars ($250,000).
Commissioner Dawkins: OK. At the end of the project, how much money will the City of
Miami have put into it?
Mr. Waters: Two point seven million dollars ($2.7 million). We're guaranteeing two point
seven.
Commissioner Dawkins: The man just told you that two hundred and fifty more thousand
dollars ($250,000) is coming from someplace. He just said that, Mr. Waters.
Mr. Waters: That may have been...
Commissioner Dawkins: OK. Hold it. No, you listen, now. Go back through where the money
is coming from.
Mr. Rolle: OK.
Commissioner Dawkins: Listen closely, sir. Get you a pencil.
Mr. Waters: I got it.
Commissioner Dawkins: All right.
121
January 25, 1996
Mr. Rolle: Two point seven.
Commissioner Dawkins: Yes.
Mr. Rolle: That's the HUD 108.
Commissioner Dawkins: The 108 loan.
Mr. Rolle: EDI, six hundred and seventy thousand.
Commissioner Dawkins: EDI.
Mr. Rolle: Seven hundred thousand, Dade County.
Commissioner Dawkins: Right.
Mr. Rolle: Four hundred and fifty thousand, HHS.
Commissioner Dawkins: Right.
Mr. Rolle: And two hundred and fifty thousand from the City of Miami.
Commissioner Dawkins: A grant, two hundred and fifty thousand grant.
Mr. Rolle: That's correct.
Commissioner Dawkins: OK. So that's on top of the two point seven, Mr. Waters.
Mr. Waters: Yes. That places us at two point nine five, if my figures are correct, in terms of our
commitment.
Commissioner Dawkins: So we're putting in three million dollars.
Mr. Waters: I'm sorry?
Commissioner Dawkins: Three million dollars.
Mayor Clark: Roughly, yeah.
Commissioner Dawkins: Roughly.
Mr. Waters: Roughly.
Commissioner Dawkins: Right. Now, what's going... And this three million, you will do what
with it, now?
Mr. Rolle: We would... We need the money to, one, complete some additional acquisitions, but
also to construct the building.
Commissioner Dawkins: Is the money going to be used for acquisitions, or is the money going
to be for construction?
Mr. Rolle: For construction.
122
January 25,1996
Commissioner Dawkins: OK. So therefore... OK. How much of the four point seven million
dollars is going to be in construction?
Mr. Rolle: Two point two... Two million two hundred and fifty thousand would be required to
actually do the construction.
Commissioner Dawkins: So what are you going to do with the other two point five?
Mr. Rolle: We need to acquire additional parcels.
Commissioner Dawkins: When you acquire the additional properties, where will you get the
construction fund from to build on the acquired new property?
Mr. Rolle: What the plan is, we need some additional parcels to accommodate the larger
development.
Commissioner Dawkins: Beg your pardon?
Mr. Rolle: We need some additional parcels that are contiguous to the existing site...
Commissioner Dawkins: Yes.
Mr. Rolle: ... in order to put this larger 50,000 square foot store, OK?
Commissioner Dawkins: Mm-hmm.
Mr. Rolle: And some additional retail.
Commissioner Dawkins: So in other words, the acquisition is entered to make a larger store for
a better...
Mr. Rolle: To assemble a larger...
Commissioner Dawkins: Store, for lack of a better word.
Mr. Rolle: Exactly.
Commissioner Dawkins: OK. And what is the next project you will be to the City of Miami
for?
Mr. Rolle: The... We have a single-family scattered site housing program that we're initiating.
Commissioner Dawkins: How much you want for that?
Mr. Rolle: Well, what was it? We requested two hundred and forty thousand. We have been
granted... We have a contract for fifty thousand dollars ($50,000) to implement...
Commissioner Dawkins: For the planning, the planning, mm-hmm.
Mr. Rolle: Yes, exactly, exactly. And we've just submitted the proposal. We've identified four
scattered sites that the City already owns. We would acquire those, and build single-family
homes.
Commissioner Dawkins: These are single-family homes.
123 January 25, 1996
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Mr. Rolle: These are single-family homes.
Commissioner Dawkins: No problem, no problem. Do you have... What is your outstanding
debt that you owe to the County and the City, as of now?
Mr. Lorenzo Simmons: Excuse me. My name is Lorenzo Simmons, president of Tacolcy
Economic Development. Currently, we have total, to the City of Miami... We just paid off a
loan, or should be paying it off this week...
Commissioner Dawkins: Well, either you paid off or you're going to pay it off.
Mr. Simmons: Well, it will be paid off. OK? So that's only eighteen thousand dollars
($18,000).
Commissioner Dawkins: Huh? Eighteen thousand?
Mr. Simmons: Right.
Commissioner Dawkins: To the City.
Mr. Simmons: To the City.
Commissioner Dawkins: OK. Go ahead.
Mr. Simmons: OK. So outstanding now, we'll have about, I think, a hundred and fifty thousand.
Commissioner Dawkins: A hundred and fifty thousand?
Mr. Simmons: Yes.
Commissioner Dawkins: Outstanding.
Mr. Simmons: Right, to the City of Miami.
Commissioner Dawkins: Total, total.
Mr. Simmons: Right.
Commissioner Dawkins: And none of.. And not any of this money that you're getting here is
going to go to paying any of these outstanding debts.
Mr. Simmons: No.
Commissioner Dawkins: OK,
Mayor Clark: All right.
Commissioner Dawkins: Could you just bear with me?
Mayor Clark: Are we going to get a motion?
Commissioner Dawkins: Yeah, we're going to get a motion. Bear with me, though. Don't
leave, please. Bear with me. Now, Mr. City Attorney - I mean Mr. City Manager, Mr. Wally
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Lee, and the NET (Neighborhood Enhancement Team) Officer, would you all come up here,
please. These... No, I can't say "these gentlemen." This organization is getting ready to
improve the Winn -Dixie site. But if you come west from the Winn -Dixie Store, how many
stores are in there, how many storefronts?
Mayor Clark: You mean down 62nd?
Commissioner Dawkins: Coming west on 62nd Street, on the north side of the street.
Mayof Clark:... and up 7th Avenue?
Pbn riissioner Dawkins: No, no, wait. We got to turn the comer first, Mr. Mayor. We got to
t the comer.
Vide Mayor Gort: No, no. 62nd and loth.
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Commissioner Dawkins: We're on 62nd now.
Vice Mayor Gort: All the way to 17th?
Commissioner Dawkins: And then we'll turn the corner after we get to 7th Avenue. How many
are there?
Ms. Karen Cooper: Karen Cooper, NET Administrator, Model City. I believe what you are
referring to, Commissioner Dawkins, we have a Shoe World on that comer. We also have a
SOven Dollar Clothing Chain that's located in there. And then there's the King Fish Seafood
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Place.
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Mr. Simmons: And the Satellite Lounge.
Ms: Cooper: Yeah, the Satellite Lounge is included in there as well.
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Mr. Simmons: No, no.
Ms. Cooper: Yes.
Commissioner Dawkins: On the north side of 62nd Street? On the north side of 62nd Street?
Ms. Cooper: Yeah.
�r.4 Mayor Gort: Right.
C mmissioner Dawkins: Going back towards 6th Avenue?
Vice Mayor Gort: You have six stores.
Mr. Simmons: You have Afro -Caribbean Export, the barber shop... about five.
Commissioner Dawkins: OK. That's on 62nd.
Mr. Simmons: Right, on 62nd.
Commissioner Dawkins: All right. Now, how many do we have on 7th Avenue?
' 125 January 25, 1996
Commissioner Dawkins: No, in just that one block, sort of, sir.
Mayor Clark: Yeah.
Mr. Simmons: Oh, I don't know. Let's say...
Commissioner Dawkins: About eight, let's say eight.
Mr. Simmons: Eight, eight is a good number.
Commissioner Dawkins: OK. Now, have you gone into these places and cited them for Code
violations and bringing their property up to Code?
Mr. Waters: Well, 7th Avenue...
Commissioner Dawkins: Sixty-second to... from... from... What's your address, sir?
Mr. Simmons: Our address is 645 Northwest 62nd.
Commissioner Dawkins: From 645 to 7th Avenue, and from 7th Avenue to 63rd Street.
Mr. Waters: On the comer of 62nd and 7th, which would... I guess, for everybody's edification,
on the comer.
Commissioner Plummer: Which comer?
Mr. Waters: On the northwest corner, which was the old OIC (Occupational Industrialization
Center) Building.
Commissioner Plummer: Right.
Mr. Waters: On that comer.
Commissioner Dawkins: No, no, no. Do not cross the street.
Mr. Waters: Oh, OK.
Commissioner Dawkins: Stay east.
Mayor Clark: Seventh Avenue.
Vice Mayor Gort: On seventh avenue.
Commissioner Dawkins: OK.
Mr. Waters: There is the Check Cashers facility, which was the old...
Commissioner Dawkins: How many of them have you been into, and inspected, and found that
they do not meet the Code, and have cited them for not meeting the Code?
Mr. Waters: I could get that information to you, Commissioner, but I can assure you that
we've... Whenever there were violations, we've acted accordingly and placed them. I don't
know that figure right off the top of my head.
s
Commissioner Dawkins: OK. I make a motion that the Manager be instructed to send a team
from the Fire Department, from Housing, from Zoning, and from whatever, a team out to inspect
these buildings. I've already spoken with these gentlemen. They understand what I'm saying.
If we're going to make Winn -Dixie a first class building, I want people to walk west on 62nd
Street and not have to look at that, that they're already looking at, when they just come out of a
brand new store. OK?
Vice Mayor Gort: That's a good point.
Commissioner Dawkins: We already... And that's where I am.
Vice Mayor Gort: Commissioner.
Commissioner Dawkins: Yeah.
Vice Mayor Gort: Can I add to that? The facade... You want Code compliance, or you want the
facade, the beautification of all the businesses there?
Commissioner Dawkins: OK. I'll rephrase it then. Commissioner Gort will get with the Miami
Times, so we won't violate the Sunshine law, and Commissioner Gort and I will walk in each
i one of these buildings, and I will show him how decrepit and broken down they are, and what
needs to be done to bring them up to Code.
—mayor Clark: Very good.
Commissioner Dawkins: And if they don't bring them up to Code...
Mayor Clark: They're out.
Commissioner Dawkins: ... we will cite them and push them down.
Mr. Odio: If I may. Commissioner Dawkins, I think we should thank the Board of Directors of
Winn -Dixie, and Mario La Britt specifically for having... giving us an extension on the Winn -
Dixie commitment to that site. They have given that, so we have time to do it well.
Commissioner Dawkins: Well, see...
Vice Mayor Gort: I'll second the motion.
Commissioner Dawkins: I agree, I have no problems with that, Mr. Manager. But when I run in
'97, everybody will look at Winn -Dixie.
Vice Mayor Gort: What are you running for?
Commissioner Dawkins: Huh? Running for...
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Commissioner Plummer: The City limits.
Commissioner Dawkins: No. I'm running to be... What's that boy's name? Jeff Bush's Vice
Governor.
Commissioner Plummer: You running for the City limits.
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127 January 25, 1996
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Commissioner Dawkins: Yeah. Jeff Bush is running for the Governor, and I'm running for Vice
Governor with him.
Commissioner Plummer: You running for the City limits.
Vice Mayor Gort: I'll second your motion.
Commissioner Dawkins: But they understand what I'm talking about. OK? We've already
discussed this. It doesn't make sense for us to do a building and... How long you guys been
trying to straighten up 7th Avenue?
Mr. Simmons: About ten years,12 years.
Commissioner Dawkins: See? And all we do is a building at a time. Why? Because we do
not... "We" do not assist. If they went there right now and tried to purchase those buildings
from their place to 7th Avenue, the guy wants an arm and a leg. And they're all out of
compliance, every one of them.
Vice Mayor Gort: I second your motion.
Commissioner Dawkins: OK. Thank you.
---.-Mayor Clark: All right.
Commissioner Dawkins: Somebody move the item.
Vice Mayor Gort: Well, let's move this one first, and then we move the others? OK.
Commissioner Plummer: Mr. Alex wants to speak.
Mayor Clark: Go ahead.
Mr. J. Alex: Thank you. Thank you, Commissioners. My name .is J. Alex, and I am the
executive director of the Justice Coalition. And the reason why I wanted to speak regarding this
item is because I have done a petition and a survey on 7th Avenue. I went all the way down, and
I have approximately 1,000 people who have signed, and more are signing. Ninety (90)
percent - and I'm going to be frank - there were residuals of approximately one out of ten who
was in favor - but 90 percent of the business community is not in favor of exactly what is being
done by means of the Tacolcy group. One after another have expressed primarily two concerns.
Number one, they see a neutralizing and a decrease in the number of black businesses in the
area, black owned enterprises. That's one of the main concerns that were expressed. Number
two, they were not aware... They don't have enough knowledge about exactly what is
happening, and what is being done. Ninety-five (95) percent of the people in that corridor said
they knew nothing about what is being done. The last Commission meeting that Brother Clark
mentioned, when they... when the hearing was closing, that there should be a hearing that would
be organized where all the business community would be invited to come and express their
viewpoints and concerns. That has not taken place. And at this point, the black community in
that area, the Edison Merchants Plaza Community, know very little about what is supposed to be
happening, and what is going to happen, and how it's going to happen. If this was a shopping
plaza, where there would be like ten and 15 new stores being developed, and some of those
stores would be minority businesses, then it would be different. But this is just for Winn -Dixie,
using the poor people's CDBG (Community Development Block Grant) HUD money, the HUD
money that is being used, and they're saying... The only thing they're telling us, it's going to
create jobs. But we're asking for enterprise and an opportunity to create some businesses and to
128 January 25, 1996
hire some people. And we just would like say that we would like to know a little bit more about
what is going on, and we would like to know why all the new businesses that succeed in that area
are not African -American businesses. Shoe World, Seven Dollar Store is not an African... They
were brought in. All of... We can't get any money to develop African -American businesses.
And all we're saying... And I have... There are other people. This is Mr. Rutger, who is from
the Allied... He's the president of the Allied Construction Association. There's about 200 small
black businesses in his group. I'd like for him, if he wants to. But the point is, everybody is
concerned about the same thing. I have 20 names of small black businesses who have applied
for CDBG business financing, and they were turned down.
Mayor Clark: Hold on, just a minute.
Commissioner Dawkins: Mr. Alex, you are correct. But as long as you, me and everybody else
sit back and let Tacolcy do the research, find where the funds are available, and apply for the
funds, and when they get the funds, we complain, there's nothing that's going to be done. Now,
you have got to do just like them. Find out what Federal funds are available, how to access
them, and get a project, and come down here, and we get it done. That's number one. I move
this with one caveat.
Mayor Clark: Caveat.
Commissioner Dawkins: No, this is a carrot.
u Mayor Clark: Well, a carrot is a good thing.
Commissioner Dawkins: This: Mr. Manager, do not give out one penny of this money until
Tacolcy comes in and tells you and this Commission that it is using first source that's available,
and that's the Union Hall on 62nd Street. Now, we got people unemployed, and if they aren't
going to use them, they cannot get the money.
Commissioner Plummer: You're talking about in the construction.
Commissioner Dawkins: Yes, sir, in construction, yes, labor, labor, J.L. Mm-hmm.
Commissioner Plummer: That makes sense. That makes sense. And by the way, Mr. Alex...
Where did he go?
Commissioner Dawkins: Yes, use them. Use them.
Commissioner Plummer: Mr. Alex, this is not CDBG as such. This is 108. It's a different loan
source, just for your edification.
Mr. Waters: And for clarification, Mr. Mayor and members of the Commission, what staff or the
Administration will be doing is preparing an agreement between the developer, Tacolcy and the
City, and that agreement will come back before you, so all of these items that you've directed us
to have will be a part of that agreement.
Mayor Clark: Very good. All right. It's been moved by Mr. Plummer - I mean Mr. Dawkins.
Commissioner Dawkins: Another gentleman wants to be heard, Mr. Mayor.
Commissioner Plummer: Second, whatever.
Mr. McDonald Johnson, Jr.: Thank you. My name is McDonald Johnson...
129 January 25, 1996
Mayor Clark: We can't hear you.
Commissioner Dawkins: Pull the mike to you, sir.
Commissioner Plummer: Pull the mike up.
Mayor Clark: Speak right into the mike.
Mr. Johnson: My name is McDonald Johnson, Jr., and I'm the chairperson for Model City
Citizens Participation Board, a newly established organization. Our aim is to help to resolve
some problems that occur in the community of Dade County. In my research, and it is in the
i U.S. HUD Consolidated Plan, the highlight, two of the highlights that I really want to emphasize
is that first, it says coordination and leadership need to be developed. And secondly, it says
renew citizen participation. And in the process of doing that, I think that we need to address that
in going about and making sure that the citizens that's being spoken about need to be informed.
You need to try to touch them, to address them on the level that they are. You are talking about
illiterate people, concerning business function. And if you don't properly stoop to their level,
then how can you expect them to move? I mean, I'm sure we don't have time to go through
these changes, but we got to make time. We... You can sit here and say that we... Tacolcy doing
all the research, and so forth, and so on. All right. Citizens in that area don't have the resource.
They don't have the resource, nor the education, or the know-how to do that. But that doesn't
still give_them the right to say, well, they got first priority in doing whatever they feel like, or
whatever they come up with. You know what I'm saying? If they got a plan, and it don't fit the
needs of that community, then they need to get that approval from that...
Commissioner Dawkins: Community.
Mr. Johnson: Right.
Mayor Clark: OK. Thank you.
Commissioner Dawkins: We got one more.
Mr. Joe Rocker: Good evening. Giving my regards to the Mayor, to Miller Dawkins, and Joe
Carollo, which is not here, I will...
Commissioner Carollo: I am here.
Mr. Rocker: ...and the rest of the Commissioners, how are you? Joe Rocker. I'm president of
the Allied Minority Contractors Association, also on the Board of Women and Minority
Business, Dade County. My concern here is mainly jobs for the people within the African -
American community. That is a problem. And I notice that Brother Dawkins was quick to
highlight or point out to the brothers here that they should most certainly hire African -Americans
from Labor Local 478 Labor Union, Local 478. I have no problem with that. But it shouldn't
i stop'there. We have contractors that are suffering, just like the laborers in Local 478. These are
business people. These people are what make the community grow. In other words, laborers
can only do so much. But then if you really want to see the community grow and expand, then
you start hiring contractors and business people. Get them involved. And I plan to see that my
members of Allied Minority Contractors, which is first, as far as I'm concerned, and then other
contractors within the community get jobs from this particular project. I know it's going to
happen, there's no doubt about it. I got a commitment from Mayor Clark. He probably don't
remember. He's too young to remember. Do you remember me, Mayor Clark?
130 January 25, 1996
Mayor Clark: About a hundred years ago, yeah.
Commissioner Plummer: There's where the Centennial came from.
Mr. Rocker: All of my ribs you ate at my house that day when I was trying to get you elected for
Mayor, you should remember me.
Mayor Clark: I do remember.
Mr. Rocker: But anyway, we got a commitment from Mayor Clark, and I got it on video,
Mayor, that we will try to put together a program such as the County have. We're talking about
Department "D Bid." We need something of that sort. Black contractors that has no jobs at all,
some just have nothing, and if we can get them involved by getting them in some type of
program, set up something like "D Bid." If we can't do a program like D Bid, anything to assist
the contractors that really need to be assisted. There's some that don't need it. We know of
some contractors that's here in the last five years, have made more money than some white
contractors that's been in business for 20 years. That's well and good. But then, we have just a
few of those, maybe two or three. And most people focus in on those. But we're talking about
two or three hundred black contractors, that most of them have nothing. And we want to make
sure if Winn -Dixie builds a building, or if somebody gives Winn -Dixie money which is part of
our money, coming from somewhere, the State, or wherever it's coming from, the City, or
wherever it may come from, that they also give contractors a chance. They built one across from
___me._.Winn-_Dixie just remodelled a marketplace there on 151st Street and 7th Avenue. I tried my
best. I did everything but got on my knees and begged Winn -Dixie to give us some work from
that project. We have yet to get one iota. And 99.9 percent of their customers is black
Americans. And I shop there more than anybody, because I do fund-raising, like I was doing for
you, for the churches, for different charitable organizations, for kids. If you come by 151st
Street and 7th Avenue, and you see "Kids First," I mean that. "Kids First," and then our
i contractors, our people to work. God bless you. Thank you.
Commissioner Dawkins: OK. Wait one minute before you go. You are right. The contractors
put the laborers to work.
Mr. Johnson: Absolutely.
Mr. Dawkins: If the contractors aren't working, the laborers don't work. I want you and all of
you to go in my office with Chico Arenas. We're going to develop for this Commission - and
I'm just taking the lead - to identify other projects that can be done, that they're... Just like
they're using money, you're going to use some. All right?
Mr. Rocker: Thank you, sir.
Commissioner Dawkins: Just like somebody told me somebody is planning to put a Winn -Dixie
at 54th Street and 12th Avenue. Why must it be a Winn -Dixie?
Mr. Rocker: Right.
Commissioner Dawkins: OK? Why can't it be mom and pop? OK? So you guys go in there,
and Chico will sit down and set up a meeting, and we'll start identifying funds and projects that
we can identify, too. The last thing I'm going to leave you with is, I am surprised that you
would tell me that Winn -Dixie would not give you any work on the project, and you're still
buying there. I mean, I have a problem with that.
Mr. Rocker: I live less than 200 yards from them.
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131 January 25, 1996
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Commissioner Dawkins: They still didn't give you any work.
Mr. Rocker: None whatsoever.
Commissioner Dawkins: And you still going there, thanking them for not giving you no work,
buying their products.
Mr. Rocker: Absolutely. And I'm not going to stop until we get some work from Winn -Dixie.
Joe, we'll see you later. I've already set up a meeting to see you as soon as possible.
Commissioner Dawkins: OK. All right. OK. No problem.
Mayor Clark: Thank you. Item number 40 has been moved by Mr....
Mr. Rocker: Thank you.
Commissioner Dawkins: OK, sir.
Mayor Clark: ... Dawkins. Seconded by Mr. Gort. Call the roll.
Commissioner Plummer: It's a resolution.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-45
I A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT ("HUD"), IN SUBSTANTIALLY THE
ATTACHED FORM, FOR A SECTION 108 LOAN GUARANTEE IN THE AMOUNT
OF $2.7 MILLION TO ASSIST IN FINANCING THE EXPANSION OF THE EDISON
PLAZA SHOPPING CENTER, A PROJECT OF THE TACOLCY ECONOMIC
DEVELOPMENT CORPORATION ("TEDC"), WITH NO ADDITIONAL
AGREEMENT BETWEEN THE CITY OF MIAMI AND TEDC UNTIL SUCH TIME
AS THE U.S. CONGRESS DETERMINES PENDING LEGISLATION REGARDING
THE COMMUNITY DEVELOPMENT CORPORATION ("CDC") TAX CREDIT
PROGRAM, AN INTERGRAL PART OF THE TOTAL FINANCING
REQUIREMENTS OF THIS PROJECT; FURTHER, ACCEPTING AN ECONOMIC
DEVELOPMENT INITIATIVE GRANT, IN THE AMOUNT OF $670,000, TO BE
USED WITH THE SECTION 108 LOAN GUARANTEE, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY ACCEPTANCE DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
132 January 25, 1996
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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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
None.
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36. FIRST READING ORDINANCE: ESTABLISH TWO SPECIAL REVENUE
FUNDS AND APPROPRIATE FUNDS FOR THEIR OPERATION: (1)
EDISON PLAZA HUD, SECTION 108 ($2,700,000), AND (2) EDISON PLAZA
ECONOMIC DEVELOPMENT INITIATIVE GRANT ($670,000), AS
APPROVED BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- TOTAL COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) APPROPRIATION: $3,370,000.
Commissioner Plummer: Move 41.
Vice Mayor Gort: Move.
Commissioner Plummer: Second.
Mayor Clark: All right. Read the ordinance.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING TWO (2) SPECIAL REVENUE FUNDS, AS
FOLLOWS, AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME:
"EDISON PLAZA HUD, SECTION 108," IN THE AMOUNT OF $2,700,000, AND
"EDISON PLAZA ECONOMIC DEVELOPMENT INITIATIVE GRANT" IN THE
AMOUNT OF $670,000, AS APPROVED BY THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), FOR A
TOTAL COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG")
APPROPRIATION OF $3,370,000; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
133
was introduced by Vice Mayor Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: 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.
Unidentified Speaker: Thank you.
----------------------------------------------------------------------------------------------------------------
37. RATIFY MANAGER'S FINDING OF EMERGENCY SITUATION
__.._..REQUIRING INCREASE IN CONTRACT WITH VENECON, INC. (DATED
DECEMBER 8, 1995) -- FROM $85,000 TO $174,900 -- FOR CAPITAL
IMPROVEMENT PROJECT: PIONEER CLUB SEAWALL REPAIRS H-
1086 -- ALLOCATE FUNDS FROM CIP 311823 (FUNDED FROM STATE
SALES TAX GRANT).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Forty-two, I'm going to move it with a question.
Mayor Clark: All right. What's your question?
Unidentified Speaker: Thank you, thank you, Commissioners.
Mayor Clark: Yes, sir.
Commissioner Plummer: Mr. Manager, first of all, declare the emergency.
Mr. Cesar Odio (City Manager): Go ahead. The work was done and... Go ahead, Wally.
Mr. Wally Lee: OK. This...
Commissioner Dawkins: And we got to pay them. The work was done, and we got to pay them,
huh, Mr. Manager?
Mr. Lee: This is an increase in...
Mr. Odio: It went up...
Commissioner Plummer: My problem, Mr. Dawkins, is very simple. The addition is more than
the original bid. And this, I go back to the same thing, Wally, that I've said in the bidding
procedure. People look at this is... that they were low -balled. OK? That they came in with a
bid, and then all of a sudden, there was a change order and...
134
January 25, 1996
d��
11
Mr. Odio: No. Let me put on the...
Commissioner Plummer: Mr. Manager...
Mr. Odio: Can I put on the record?
Commissioner Plummer: Put on whatever record you want.
Mr. Odio: When we hired him to demolish... When the demolishing work was completed, it
was found that the retaining wall was made up of coral rock blocks, with 90 percent of the joints
open. The size of the rock blocks was not uniform, and in many cases, the smaller sized rocks
were underneath the bigger boulders. Due to actions of the water washing out the soil, large
gaps from two to three inches have replaced the once open joint. We discover... They
uncovered that after they began work.
Commissioner Plummer: Mr. Manager, I'm not talking about that. I am talking about the
perception of the public. When you give a bid out, and you predicate it on the lowest and the
most responsible bid...
Mr. Odio: I understand, Commissioner.
Commissioner Plummer: ... and you turn around on an emergency basis, without this
Commission's approval, and you give out an addition to that bid of more than the original bid,
the perception is bad.
Mr. Lee: I agree with you, Commissioner Plummer.
Mr. Odio: You're right. You're right.
Mr. Lee: However, this is an old seawall on the Miami River, and we didn't know, until the
contractors started digging to find out... to repair the job, that we found out the poor condition of
the coral rock wall. So what we had to do was tear the whole thing out and put in 400...
Commissioner Plummer: If this is the only time I ever brought that up, I wouldn't have a
problem. But I continuously bring this up.
Commissioner Dawkins: But also, now, piggybacking on what J.L. Plummer says, how many of
those types of contracts have you brought in here that black... people like that gentleman
standing up there that has no work have they had? How many of them? Zilch.
Mr. Lee: Pardon?
Commissioner Plummer: I don't know...
Commissioner Dawkins: Zilch.
Mayor Clark: All right. Give me a motion on this item.
Commissioner Plummer: I move it, Mr. Mayor, but I'm just establishing for the record, trying to
keep the integrity of the bidding procedure.
Mayor Clark: You're on record. Second?
135 January 25, 1996
Commissioner Carollo: Well, I fully concur with Commissioner Plummer. This has ended up
costing more than twice as much as the original bid.
Mr. Lee: No question about it, Commissioner, I agree.
Commissioner Carollo: Wally, you know, I compliment you all for giving a good story, but I
still cannot understand it. And I just hope that this is the end of this kind of stuff, because it's
too easy to...
Mr. Lee: Commissioner, I'll be glad to show you the original bid documents, what the scope of
work was, as they started to dig and found out what had happened under the ground. I mean, this
was something you could not see. And we can show you drawings, inspection reports, and
exactly how everything happened, what was there, and what we replaced it with.
Mayor Clark: Call the roll.
Mr. Walter Foeman (City Clerk): You need a seconder, Mr. Mayor.
Commissioner Plummer: I moved it.
Vice Mayor Gort: Second.
--..Mayor-Clark: It's been moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-46
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF AN EMERGENCY SITUATION REQUIRING AN INCREASE IN THE
CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA, AND VENECON, INC.,
DATED DECEMBER 8, 1995, FROM $85,000 TO $174,900, FOR CAPITAL
IMPROVEMENT PROJECT ENTITLED: "PIONEER CLUB SEAWALL REPAIRS H-
1086"; ALLOCATING FUNDS THEREFOR FOR SAID INCREASE FROM CAPITAL
IMPROVEMENT PROGRAM, PROJECT NO. 311823, FUNDED FROM THE STATE
SALES TAX GRANT, MOA NO. 940S-89-11-02-024, AS APPROPRIATED BY CIP
ORDINANCE NO. 11205, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
38. AUTHORIZE INCREASE ($5,346.96) IN CONTRACT WITH R.L. SAUM
CONSTRUCTION CO. (AUTHORIZED BY R 95-541) -- FROM $1,059,374.45
TO $1,064,721.41 -- FOR ORANGE BOWL MODERNIZATION PHASE III
SUPERBLOCK DEVELOPMENT - NORTH[, PROJECT B-6243 -- ALLOCATE
FUNDS FROM CIP 404240.
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: Move 43.
Commissioner Plummer: I'll second 43. Mr. Manager, I was in the Orange Bowl the other day
for the rodeo, and I'm glad to see that we're having more different types of events in that Orange
Bowl, which I think will bring in revenue. I have to express a concern. As you recall, we got a
very high priced specialist to come in and recommend the paint for that Orange Bowl.
Specifically, the manufacturer, the number, the company, the whole nine yards. Mr. Manager, if
you have not personally been to that Orange Bowl to see the paint that is peeling off in sheets,
we got taken. OK?
Mr. Wally Lee: We'll take care of it. They're still under warranty, Commissioner.
Commissioner Plummer: If it's still under warranty, please, execute it immediately, because we
got taken.
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Plummer: OK? I move... Whatever. Call the roll on 43.
Mayor Clark: Seconded by Mr.... Carollo. Call the roll.
137
January 25, 1996
<i1
_
I
;s
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-47
A RESOLUTION AUTHORIZING AN INCREASE IN THE AMOUNT NOT TO
EXCEED $5,346.96 IN THE CONTRACT BETWEEN THE CITY OF MIAMI,
FLORIDA, AND R. L. SAUM CONSTRUCTION CO., AUTHORIZED BY
RESOLUTION NO. 95-541, FROM $1,059,374.45 TO $1,064,721.41, FOR THE
ORANGE BOWL MODERNIZATION PH. III SUPERBLOCK DEVELOPMENT -
NORTH, PROJECT B-6243, ALLOCATING FUNDS THEREFOR AS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 11205, AS AMENDED, FROM CAPITAL
IMPROVEMENT PROJECT NO.404240.
(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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
39. GRANT REQUEST FOR PERMISSION TO USE THE MARINE STADIUM
FOR VOLUNTEER PARKING DURING THE ROYAL CARIBBEAN
CLASSIC TOURNAMENT (JANUARY 29-FEBRUARY 4, 1996).
Mayor Clark: Item 45.
Commissioner Plummer: Mr. Mayor, I move 45 with the proviso that the Royal Caribbean
cannot take full credit of giving monies to charity, when we buckle under for about fifteen or
twenty thousand of that money. I have demanded of them, and they have concurred that the City
of Miami will get recognition for the part it is playing in contributing to that charity. i
Mayor Clark: Very good.
f
Commissioner Plummer: I so move.
Mayor Clark: Second?
Vice Mayor Gort: Second.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
hr'
r
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-48
A RESOLUTION RELATED TO THE ROYAL CARIBBEAN CLASSIC
TOURNAMENT TO BE CONDUCTED BY ROYAL CARIBBEAN CLASSIC AT
THE LINKS AT KEY BISCAYNE, FLORIDA, JANUARY 29 THROUGH
FEBRUARY 4, 1996; AUTHORIZING THE WAIVER OF ALL WAIVABLE FEES
FOR THE USE OF THE MIAMI MARINE FOR VOLUNTEER PARKING FOR SAID
EVENT; SAID AUTHORIZATION CONDITIONED UPON THE ORGANIZERS: (!)
PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE; (3) GIVING THE CITY RECOGNITION
AS A CONTRIBUTOR TOWARD SAID EVENT AND, (4) COMPLYING WITH ALL
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE.
(Here Follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Caroilo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-- -- -------------------------------------------------------------------------------------------- ---
^40 - GRANT REQUEST BY CARNAVAL MIAMI KIWANIS OF LITTLE
j HAVANA FOR EXTENSION OF FIREWORKS DEADLINE FOR (1)
SPONSOR RECOGNITION PARTY AT VIZCAYA MUSEUM (MARCH 8,
( 1996), AND (2) CARNAVAL MIAMI INTERNACIONAL AT BAYFRONT
p�f PARK (MARCH 9, 1996).
----------------------------------------------------------------------------------------------------------------
4,
Mayor Clark: Item 47.
Commissioner Plummer: I'll move 47, and I'm very happy to announce that the Kiwanis of
Little Havana and their Calie Ocho Open House, which you should be announcing, you dirty
devil, they are going to... According to the Guiness Book of Records, it will be, without
question, the largest birthday party on record. Mr. Pantin, you are to be saluted.
t
139 January 25, 1996
.,d3iat::
Wk
Mayor Clark: All right.
Vice Mayer Curt: Second that motion.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by CllmmiSSiOner Plummer, who moved its adoption:
RESOLUTION NO. 96-49
A RESOLUTION RELATED TO CARNAVAL MIAMI 1996; AUTHORIZING THE
RELAXATION OF TIME LIMITATION ON THE DISPLAY OF FIREWORKS TO
ALLOW THE STAGING OF PYROTECHNIC DISPLAYS UNTIL 12:00 MIDNIGHT
ON MARCH 8, 1996 FOR A SPONSORS RECOGNITION PARTY AT THE
VIZCAYA MUSEUM AND GARDENS, AND FOR CARNAVAL MIAMI
INTERNACIONAL AT THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK
ON MARCH 9, 1996, SUBJECT TO THE ISSUANCE OF APPROPRIATE PERMITS
FROM THE DEPARTMENT OF FIRE -RESCUE; CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS HEREIN UPON THE ORGANIZERS
PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE
FEES ASSOCIATED WITH SAID EVENTS AND OBTAINING INSURANCE TO
PROTECT THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Cnrollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
{
r
140
January 25, 1996
im
----------------------------------------------------------------------------------------------------------------
41. GRANT REQUEST FROM THE SPECIAL ASSESSMENT DISTRICT OF
DOWNTOWN MIAMI TO DRAFT PROPOSED RESOLUTION TO
ESTABLISH A SPECIAL ASSESSMENT DISTRICT FOR ONE YEAR.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number...
Commissioner Carollo: Forty-eight.
Mayor Clark:... forty-eight. Rosario.
Vice Mayor Gort: Special Assessment District.
Ms. Rosario Kennedy: Good afternoon, Mr. Mayor and Commissioners. For the record, my
name is Rosario Kennedy with offices at 2501 South Bayshore Drive. And I'm here
representing Rok Properties, which, as you may know, is the largest property holder or owner of
propeitiesin the downtown area. For the past seven years, there has been a Special Taxing
District in downtown Miami. The property owners in the district have since agreed to tax
....themselves, and utilize the funds collected from the Special Assessment District to provide
additional security for the downtown area. This year, the committee of property owners, chaired
by Sergio Rok, has agreed, once again, to establish the district and tax themselves, but with a
new purpose in mind. Recognizing that the downtown area thrives not only on the local
residents, but on tourists who shop downtown, and who stay in downtown hotels, this Committee
believes that the funds can be best utilized to market downtown as a huge shopping center for
visitors, and tourists, and locals, alike. This is particularly important because in addition to the
activities generated by Bayfront Park and Bayside, pretty soon, we'll have a new Maritime Park,
and a Performing Arts Center will be built, and will bring thousands of more tourists and more
people to the downtown area. So in an effort to capitalize on this new opportunity, the
committee of property owners want to make a concerted effort to draw attention to downtown
and market it in a unified fashion. I'm here today to ask that the City Commission prepare a
resolution to reestablish the Special Assessment District, and to earmark these funds for the
marketing of downtown.
Vice Mayor Gort: The same as last year.
Ms. Kennedy: The same as last year. As required, commercial notices were sent out by mail to
all the property owners on November the 30th of 1995, and subsequent to that, a meeting was
held on December the 14th of 1995.
Mayor Clark: Mr. Gort moves it. Is there a second?
Commissioner Carollo: Second.
Commissioner Plummer: Well, I'm totally in favor, but is not there a legal thing that has to be
straightened out?
Vice Mayor Gort: They're going to draft it.
Commissioner Plummer: He's going to draft it?
Unidentified Speaker: We'll draft it and bring back at the February...
Ms. Kennedy: Great.
Mayor Clark: All right?
Ms. Kennedy: All right. That's fine. That's fine.
Mayor Clark: With no exception, cast a unanimous ballot, Mr. Clerk. Thank you, Rosario.
Commissioner Plummer: So be it.
Ms. Kennedy: Thank you, Mr. Mayor and Commissioners.
The following motion was introduced by Vice Mayor Gort, who moved its adoption:
MOTION NO.96-50
A MOTION GRANTING REQUEST MADE BY AN INDIVIDUAL APPEARING ON
BEHALF OF A REPRESENTATIVE FROM THE SPECIAL ASSESSMENT
DISTRICT OF DOWNTOWN MIAMI, TO DRAFT A PROPOSED RESOLUTION TO
ESTABLISH A SPECIAL ASSESSMENT DISTRICT FOR A PERIOD OF ONE
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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
None.
42. - EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND:
GANG RESISTANCE EDUCATION AND TRAINING -- APPROPRIATE
;$100,000, CONSISTING OF GRANT FROM BUREAU OF ALCOHOL,
TOBACCO AND FIREARMS -- ACCEPT GRANT AWARD AND EXECUTE
NECESSARY DOCUMENTS.
!; ----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 49.
Mr. Cesar Odio (City Manager): Mr. Mayor, we're bringing this ordinance as an emergency
basis on the ground of urgent public need for the preservation of peace, health, safety and
property of the City of Miami.
Commissioner Carollo: Move.
142 January 25, 1996
Commissioner Plummer: Second.
Mayor Clark: It's been moved.
Commissioner Plummer: Second. Call the roll, Mr. Clerk.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED: "GANG RESISTANCE EDUCATION AND TRAINING,"
AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
AMOUNT OF $100,000, CONSISTING OF A GRANT FROM THE BUREAU OF
ALCOHOL, TOBACCO AND FIREARMS; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARD FROM SAID GRANTOR AND
TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR THIS PURPOSE; 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, was agreed to by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
None.
Whereupon the Commission on motion of Commissioner Carollo and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
ABSENT: None.
' SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11332.
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.
143
January 25, 1996
............................... ......................................................... --------- ............
43. DISCUSS AND DEFER CONSIDERATION OF PROPOSED EMERGENCY
ORDINANCE TO ESTABLISH SPECIAL REVENUE FUND: "GANG
REDUCTION ACTIVITIES AND SPORTS PROGRAM," APPROPRIATING
$178,136 CONSISTING OF A GRANT FROM METROPOLITAN DADE
COUNTY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 50.
Commissioner Carollo: Move 50.
Commissioner Plummer: I've got a problem with 50. Mr. Mayor, I don't know if you all have
been provided with the backup that I have, but I'm going to ask that this be deferred until the
next meeting. And the reason for it, very simply, is that the amount of monies that they're
paying for personnel... I mean, what we're paying... Hold on, just a minute. Fifty-one dollars
($51) an hour, that's a lot of money. And I just think that we need to massage this thing out a
little bit. They're talking about salaries, just salaries alone, over 60 or 70 percent of this grant is
just salaries. And I would ask the opportunity...
Mr. Cesar Odio (City Manager): Well, remember, it's police salaries in overtime.
Commissioner Plummer: Yeah, I understand. But fifty-one dollars and sixty cents ($51.60) an
hour is a lot of money.
Mr. Odio: I don't know where...
Commissioner Plummer: OK?
Captain Joe Longueira: That's the number they used when they applied for the grant,
Commissioner.
Commissioner Plummer: Sir, I'm asking the opportunity, if the Commission wishes, to try to
save a few dollars here, to let me work with it and try to massage this between now...
Commissioner Dawkins: You know, when do we have officers on straight time? Every time
you get a grant, we're on overtime.
Captain Longueira: Commissioners, there's different...
Commissioner Dawkins: Hmm? Yes?
Captain Longueira: ... different types of grants that will pay for different things. Some will
allow you to pay...
Commissioner Dawkins: But all I'm saying, why is it that some of the stuff that you're doing
can't be done on straight time? That's what I'm trying to find out.
Captain Longueira: In this particular grant, Commissioner...
Commissioner Dawkins: No, I did not talk... I'm talking about all of them, Joe.
I
Captain Longueira: We do. We do pay officers straight time, when it allows us. Other grants,
you can't do straight time, you have to do overtime. Some grants, we can't hire the people quick
enough to use them on straight time, so we use experienced officers in overtime. You know,
we... We end up saving money, getting more, because we don't have to pay salary and fringe.
We're just paying the overtime salary.
Commissioner Dawkins: How many... How many officers do we have in the Academy?
Captain Longueira: I don't know, Commissioner.
Commissioner Dawkins: Officer candidates, that is.
Captain Longueira: I don't know, Commissioner. I'll get you the answer.
Commissioner Plummer: Commissioners, again, if I may. You know, you're looking here at a
grant of.. And by the way, the agenda is misleading, just so that you're totally aware. That is
only the grant. The total budget for this is two hundred and thirty-seven thousand dollars
($237,000), not the thing that you see on the agenda here for a hundred and seventy-eight.
Commissioner Dawkins: They get fifty-nine thousand from us.
...Commissioner Plummer: That's... There's more involved than just what is on the agenda.
Commissioner Carollo: It's a match, the fifty-nine thousand from us.
Commissioner Plummer: I'm looking at thousand dollar barbecues, OK? I'm looking at fifty-
one dollars ($51) an hour for people that are working there. I just think that we can think that we
can massage this out and try and save some money, or get some more benefits out of it. That's...
The Commission does what it wants, but that's...
Captain Longueira: Commissioner...
Commissioner Plummer: They're buying two vans in this deal. Why do we need to buy vans?
We got... We got the two RVs. We got vans that are running out of our ears. I just... You
know, you all do what you want, but I got to vote against it as it is presently proposed. Two vans
for forty thousand dollars ($40,000).
Mayor .Clark: You want to defer?
Commissioner Dawkins: Are you deferring it, Commissioner Plummer?
Mayor Clark: You want to hold it up, J.L.
Commissioner Plummer: I'm sorry?
Commissioner Dawkins: Well, defer it.
Commissioner Plummer: Yes, sir. I ask that you allow me to massage it.
Mayor Clark: OK. Fine. Cast a unanimous ballot.
Commissioner Dawkins: How many officers do... How many candidates do we have in the
Academy?
145 January 25, 1996
,h ,
ex4"
Mayor Clark: Motion to defer.
Captain Longueira: I'll have to get you the answer, Commissioner. I'll have it by the end of the
meeting.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS, ITEM 50 WAS DEFERRED BY
THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-------------------------- ----------- ------------------------------------------- --------------------------------
44. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: "WYNWOOD FREE TRADE ZONE SECTION 108" -- APPROPRIATE
$5,500,000 FROM U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), SECTION 108 LOAN GUARANTEE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 51. Fifty-one.
Mr. Cesar Odio (City Manager): That's establishing the fund for the Wynwood Trade Zone of
five and a half million dollars. I recommend it.
Commissioner Carollo: Move.
Commissioner Plummer: Move it.
Commissioner Carollo: Move.
Commissioner Plummer: Second.
i Mayor Clark: Call the roll.
Commissioner Plummer: For the record, this establishes a fund. It does not disburse.
I
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "WYNWOOD FREE TRADE ZONE SECTION 108", AND
APPROPRIATING $5,500,000 FOR THE OPERATION OF SAME, AS RECEIVED
FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ("HUD"), SECTION 108 LOAN GUARANTEE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of December 7, 1995, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Carollo,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES:
NAYS:
... _.. ....,_....ABSENT:
45.
ti
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.11333.
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.
---------------------------------------------------------- --------------------------------------------
SECOND READING ORDINANCE: AMEND ORDINANCE 10840, WHICH
ESTABLISHED INITIAL APPROPRIATIONS FOR THE COCONUT GROVE
SPECIAL EVENTS DISTRICT FUND - FY 90-91 -- TO PROVIDE FOR
INCREASE OF $50,000 AS A RESULT OF SUCCESSFUL COLLECTION OF
COCONUT GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY
USER FEE.
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: Move 52.
Commissioner Plummer: Second.
r Mayor Clark: Call the roll.
147 January 25,1996
0
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 10840, ADOPTED ON
FEBRUARY 14, 1991, AS AMENDED, WHICH ESTABLISHED INITIAL
APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL EVENTS DISTRICT
FUND - FY 90-91 RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE
NO. 10764, ADOPTED JULY 12, 1990, TO PROVIDE FOR AN INCREASE IN THE
'AMOUNT OF $50,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN
SAID FUND DUE TO SUCCESSFUL COLLECTION OF THE COCONUT GROVE
SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEE; PROVIDING FOR
FURTHER APPROPRIATIONS AND CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of December 7, 1995, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Carollo,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES:
NAYS:
GTam
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11334.
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.
----------------------------------------------------------------------------------------------------------------
46. SECOND READING ORDINANCE: APPROPRIATE $16,000 TO SPECIAL
REVENUE FUND: "DERELICT VESSEL REMOVAL GRANT AWARD
PROGRAM" -- ACCEPT GRANT FROM FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (DEP) -- EXECUTE NECESSARY
DOCUMENTS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move item 53.
Commissioner Dawkins: Under discussion.
Commissioner Plummer: I withdraw my moving.
Commissioner Dawkins: No, no, no. Who removes these vessels?
Mr. Cesar Odio (City Manager): We pay contractors.
Commissioner Plummer: Yeah.
148 January 25, 1996
1
Commissioner Dawkins: It's contracted out, Mr. Manager?
Mr. Odio: We have to contract that out.
Commissioner Dawkins: OK. thank you.
Commissioner Plummer: Move 53.
Mayor Clark: All right. Call the roll.
An Ordinance entitled -
AN ORDINANCE APPROPRIATING FUNDS, IN THE AMOUNT OF $16,600.00, TO
THE SPECIAL REVENUE FUND ENTITLED: "DERELICT VESSEL REMOVAL
GRANT AWARD PROGRAM"; AUTHORIZING THE CITY MANAGER TO
ACCEPT A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP) AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
. +' 4f*,,rpasfled on its first reading, by title, at the meeting of December 7, 1995, was taken up for
its -second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Carollo, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
j THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11335.
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.
------------------------------------------------------- --------------- ------------------------------------------
47. DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE TO AMEND CODE CHAPTER 22 (GARBAGE AND TRASH),
SETTING FORTH AREAS OF RESPONSIBILITY FOR NEIGHBORHOOD
ENHANCEMENT TEAM (NET) OFFICES PREVIOUSLY HELD BY
DEPARTMENT OF SOLID WASTE -- STIPULATE THAT PROVISION BE
INCLUDED IN LEGISLATION TO FINE PROPERTY OWNERS WHO DO
NOT HAVE SUFFICIENT TRASH CONTAINERS.
Commissioner Dawkins: Defer 54. I need more information.
Commissioner Plummer: OK. I'll second that, but let me tell you what I also want when you
defer that; It's now being transferred from the Department of Sanitation as the enforcement to
Code Enforcement, correct?
Mr. Elbert Waters: Right.
Commissioner Plummer: I want an absolute guarantee... Hello? I want an absolute guarantee
that there .will be a provision that people that are buying bins that are nowhere near adequate of
their needs, and every day are overflowing, will be, for certain, will be hit with a violation
notice, whatever the amount is, or however it is. What I'm seeing around this City in many,
many instances is bins that are completely overflowing because, in fact, the people have not
provided adequate size.
Mr. Odio: I know the Commissioner is withdrawing it, but just to... What we are addressing
here is, for instance, to require food service establishments to provide removal of raw or
pRokessed organic waste matter; to require that garbage or trash container sites be screened from
the street; to require that all containers identify waste holding company servicing property;
require the property owners to maintain their property in a clean manner. In other words, we are
going after those containers in this ordinance, because...
Commissioner Plummer: OK. I have no problem there, but what I'm saying to you is, many
companies are getting bins or the containers less than what their adequate needs are. And you go
around, and you see this trash all over the street, all over everywhere, and they'll never order a
bigger bin unless you get on their butts. So I'm saying, get on their butts and make them get an
adequate size.
Mr. Elbert Waters: We will aggressively do that, Commissioner.
Commissioner Plummer: All you got to do is drive around and look.
Mayor: Clark: Mr. Clerk, this item has been deferred.
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January 25, 1996
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The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 96-51
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 54 (AMEND
CHAPTER 22 ENTITLED "GARBAGE AND TRASH" OF THE CODE OF THE CITY
OF MIAMI, AS AMENDED, BY SETTING FORTH NEW AREAS OF
RESPONSIBILITY FOR THE NEIGHBORHOOD ENHANCEMENT TEAM (NET)
OFFICES, PREVIOUSLY HELD BY THE DIRECTOR OF THE DEPARTMENT OF
SOLID WASTE); FURTHER INSTRUCTING THE ADMINISTRATION TO
INCLUDE IN SAID CODE SECTION A PROPOSED PROVISION WHEREBY
PEOPLE WHO ARE BUYING INADEQUATE TRASH BINS WILL RECEIVE A
VIOLATION NOTICE AND FINE.
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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
48. DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE TO AMEND CODE ARTICLE XI, CHAPTER 54 (USE OF THE
PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY TELEPHONES,
TO BROADEN DEFINED SCOPE OF TERM "THREAT TO THE HEALTH
AND WELFARE OF THE COMMUNITY") -- STIPULATE THAT
,PROVISION BE INCLUDED IN LEGISLATION WHEREBY COMMISSION
RETAINS CONTROL OVER AMOUNT / LOCATION OF SIGNAGE.
Mayor Clark: Item number 57.
Commissioner Dawkins: What is 57, somebody, please?
Vice Mayor Gort: The reason... 57, I received, like I'm sure you all have, a lot of these public
phones are being placed in a lot of places where they block the public rights -of -way, and they
create a nuisance in several places. And this, really, what it does is sets certain guidelines, where
if these telephones are placed in locations where they become a nuisance to the neighbors, or to
the people, or blocking of the right-of-way, they could be removed, or permanently be removed.
Commissioner Dawkins: This says that on the comer of Northwest 40th Street and 12th Avenue,
where the Manager and I have been complaining about the five phones there, and that where the
lady was shot the other night...
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January 25, 1996
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Commissioner Plummer: Drug sales.
Commissioner Dawkins: ... that we have been trying to get the phones removed for over six
months. This says that they can be removed?
Vice Mayor Gort: That's my understanding.
Mr. Odio: Yes, sir.
Commissioner Plummer: Well, there's another way of doing it, Commissioner. You can have...
insist that they put in the old rotary phones, and then they can't use it with their beepers.
Mr. Odio: Well, but they have to be removed because...
Commissioner Plummer: Fine.
Commissioner Dawkins: No, no. This is just a gathering hole, J.L. They got six phones...
Commissioner Plummer: It's a distribution center.
Commissioner Dawkins: They got six phones right there in front of... And the people come
down off the expressway and they rob them and everything.
Commissioner Plummer: Oh, yeah, OK. All right.
Mayor Clark: Read the ordinance.
Commissioner Plummer: Wait a minute, Mr. Man... Mr. Mayor. Mr. Manager, I want provided
in this ordinance that this City Commission retains the right to control the amount of signage
involved, and the location. I brought to this Commission's attention about a year ago, at the Islas
Canarias Restaurant, they put a sign on the top of that pole which was nothing more than a
billboard. OK?
A. Quinn Jones, III, Esq. (City Attorney): Then it needs to be brought back.
Commissioner Plummer: They blocked out everybody's sign inside of that shopping center.
They put it in the sidewalk, where you had to walk into the street to get around it, and they
were... For months, they said, "We're not moving it, we're not moving it." So it's understood
now, with the new thing in the ordinance, it says we control approval.
Mr. Jones: Well, then we are going to have to bring it back, then, for February...
Vice Mayor Gort: And change it.
Commissioner Plummer: Well, we are bringing it back.
Mr. Jones: For February the 8th.
Commissioner Plummer: Well, I think it's just that important to do it.
Mayor Clark: Is this item 57?
Commissioner Plummer: Yes.
a
Mayor Clark: Is there a motion on it?
Commissioner Plummer: Bring it back. Second.
Mayor Clark: Deferred, Mr. Clerk.
The following motion was introduced by Vice Mayor Gort, who moved its adoption:
MOTION NO.96-52
A MOTION TO DEFER AGENDA ITEM 57 (AMENDING ARTICLE XI OF
CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
f AMENDED, ENTITLED "USE OF THE PUBLIC RIGHTS -OF -WAY FOR
INSTALLATION OF PAY TELEPHONES," TO BROADEN THE DEFINED SCOPE
OF THE TERM "THREAT TO THE HEALTH AND WELFARE OF THE
COMMUNITY"); FURTHER INSTRUCTING THE ADMINISTRATION TO
INCLUDE A PROVISION WHEREBY THE CITY COMMISSION SHALL RETAIN
CONTROL OVER THE AMOUNT OF SIGNAGE INVOLVED AND THE
! LOCATION REGARDING WITH SAID MATTER; FURTHER DIRECTING THE
CITY ADMINISTRATION TO BRING THIS ISSUE BACK ON FEBRUARY 29, 1996
I FOR THE COMMISSION'S CONSIDERATION AND REVIEW.
i [Note: Per R-96-73, the Commission changed the meeting date for both meetings in
February from February 8 and 22, 1996 to February 29, 19996.]
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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
153
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49. DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE RELATING TO DISASTER AND EMERGENCY
PREPAREDNESS / RESPONSE, PROVIDING FOR ADOPTION OF
EMERGENCY MANAGEMENT PLAN, ETC. -- DIRECT CITY ATTORNEY
TO AMEND WORDING TO GRANT AUTHORITY TO THE MAYOR TO
DECLARE A STATE OF LOCAL EMERGENCY -- STIPULATE THAT
MANAGER RETAIN HIS NORMAL ADMINISTRATIVE POWERS DURING
EMERGENCY PERIOD -- STIPULATE THAT ANY PROCUREMENT
EXCEEDING $50,000 MUST COME BEFORE THE COMMISSION.
Mayor Clark: All right, 58.
Mr. Cesar Odio (City Manager): This is related to the...
Commissioner Plummer: Mr. Mayor, I hope that will not slow down Mr. Dawkins' request of
those phones that need to be taken out immediately.
Mayor Clark: No, no. That's on hold. That's on...
Mr. Odio: This is related to the statute on emergency preparedness and response, providing for
the adoption of the Emergency Management Plan, prescribing emergency powers and granting...
Vice Mayor Gort: Move it.
Commissioner Plummer: No. I want that to read "City Manager and/or the Mayor." It's always
been in the past, "the Mayor," correct? I think our Charter...
Commissioner Dawkins. And I want it limited to fifty thousand dollars ($50,000), and if..
anything over fifty thousand has to come to the Commission.
Commissioner Plummer: Wait, wait, wait. No. This is for... declaring a state of emergency.
Commissioner Dawkins: No. This is spending money.
Mr. Odio: It provides for certain... It provides for a waiver of certain procedures and formalities
pertaining to the procurement of goods, supplies and services, in case of an emergency. That is...
Commissioner Plummer: But I want the wording to read as declaring the emergency which
presently states the Mayor, the City Manager and/or the Mayor.
Mr. Odio: Well, that's easy for...
Commissioner Dawkins: And anything over fifty thousand dollars ($50,000) must come before
the Commission, or go out for a waiver.
Commissioner Plummer: I have no problem with that.
A. Quinn Jones, III, Esq. (City Attorney): Wait, wait, wait a minute. Hold on a second.
154
January 25, 1996
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Mayor Clark: All right, that's part of it. Moved and seconded by...
Mr. Jones: Can you hold on? Hold on a second.
Commissioner Plummer: All right.
Commissioner Carollo: What do we have on the books right now?
Mr. Odio: Let me... There is...
Mr. Jones: Well, you don't have anything. The emergency provision that's in the Charter now
only relates to disturbances, riots, whatever else.
Commissioner Dawkins: Mr. Man... Mr.... I beg to differ with you. Did not this Commission
create something during Hurricane Andrew...
Commissioner Carollo: That's correct, if I remember.
Commissioner Dawkins: ... that permitted the Manager to spend up to two hundred thousand
dollars ($200,000) without bid?
Mr. Jones: Well, you passed a resolution. What I'm saying...
Commissioner Plummer: That's correct.
Mr. Jones: What I'm saying...
Captain Longueira: No. A hundred and fifty thousand.
Commissioner Dawkins: But you said you don't...
Mr. Jones: Wait, wait, wait. I know what he's saying.
Mr. Odio: During Andrew, one hundred and fifty thousand.
Commissioner Dawkins: OK. Thank you.
Mr. Jones: What I'm saying to you, Commissioner, is that, while you passed a resolution, there
is no formal policy on the books relative to establishing "XYZ" emergency powers or whatever.
Commissioner Dawkins: OK. All right. OK. 5o what do I have to do now? Pass a resolution
or do I pass an ordinance?
Mr. Jones: No. That's what... This is... This is what this ordinance will do, establish certain
peocedures to be dealt with during a situation of a natural disaster or whatever else.
Commissioner Carollo: Well, but see, Quinn, this is my problem. And Cesar, if you could hear
me out. If we've gotten along fine without that ordinance for a hundred years, or 99 and a half,
do you really think we can't get along without it for another 99 and a half?
Mr. Odio: Commissioner, yes. But let me say this. During Hurricane Andrew... And I...
Commissioner Carollo: Let's not open up that Pandora's box.
155 January 25, 1996
Mr. Odio: Well, I'd like to say this, because when you don't have something memorialized - and
I'm not going to be here, and who knows - I had to make decisions that would later on have to be
brought to the City Commission. If we had not, for instance, bought three hundred thousand
dollars ($300,000) worth of ice that we delivered throughout the City, and God knows how much
food, if we had to wait to have a Commission meeting to get approval of that, in case of a
disaster like Andrew, which was pretty horrific, you don't want to tie anybody's hand at any
point. After, the cleanup... The cleanup was easier. The cleanup was easier.
Commissioner Plummer: We're making it and/or the Mayor. It's doubling the amount. And/or
the Mayor.
Mr. Odio: I don't have the... No, wait. Listen, J.L., for a second, please, because from the
experience I'm telling you, the cleanup was... it's OK, because the cleanup, we had to award
contracts, and then you have to bring them here for approval. That's not the problem.
Commissioner Dawkins: That's right. That's what we're here for.
Mr. Odio: But during the storm itself...
Commissioner Dawkins: That's what we're here for.
Commissioner Plummer: And/or.
Commissioner Dawkins: That's what we're here for.
Commissioner Carollo: But explain to me how and what procedure we would follow in order to
declare that emergency.
Mr. Odio: That's another fiction. During an emergency like a hurricane, especially a category
three, four, or five, the County is going to declare the emergency, and we have to go along,
period. OK? So there is no gray areas here. Once the County's Emergency Management
declares - and correct me if I'm wrong - I'm going from my memory...
Mr. Elbert Waters: Right.
Mr. Odio: ... declares an emergency, that's it. In fact, we had these agreements on the curfew
first. The County sets curfew.
Commissioner Carollo: Is there any provision in this ordinance for coups by influential lobbyists
or...
Mr. Odio: Well, something like that, you know... But I will tell you that we are memorializing
something here. But in the case of a real emergency, like a hurricane, the County takes over.
Commissioner Carollo: Well, what would prevent us from needing, if and when we ever - and
God willing, we never will see that again - have an emergency such as Hurricane Andrew, what
would prevent us from meeting in an emergency fashion, and passing first and second reading
that same day?
Commissioner Plummer: Nothing.
Mr. Jones: But you don't... Well, as it presently stands, you don't have anything that authorizes
you to declare an emergency but on... but on matters dealing with disturbances. That's been the
whole point, which really tracks the State statute. So this is what I'm saying. What you need to,
156 January 25, 1996
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whole point, which really tracks the State statute. So this is what I'm saying. What you need to,
if you're going to act as we did, in accordance with a natural disaster, like Hurricane Andrew,
you should, or it's suggested that you adopt a set of regulations so that it can be more orderly,
more defined, and then you won't have a situation where you have to come back and say, well,
Mr. Manager, why did you spend "X" amount of dollars, or why was this contract awarded here,
or whatever else.
Commissioner Plummer: Mr. City Attorney.
Mr. Jones: Yes, sir.
Commissioner Plummer: Is the roof on the fire - on the Police Station as critical as a
preparedness emergency for hurricane? Today, we are ratifying, as we've done many, many
times, where the Manager has gone out and done something, declared it an emergency, and we
ratify it at a later time.
Mr. Odio: That's true.
Commissioner Plummer: I've done that so many times.
Mr. Odio: No. We're talking about an emergency.
_--Mayj=Clark: Wait, wait, wait a minute, now. We're going to beat this thing to death. Either do
it or let's get rid of it. Is somebody going to move this thing or...
Commissioner Carollo: Well, the part here where it says granting authority to the City Manager
to declare a state of local emergency in prescribing emergency powers...
Commissioner Plummer: The only way I'll vote favorably, Joe, is if it reads the Manager and/or
the Mayor.
Commissioner Dawkins: And you limit it to fifty thousand dollars ($50,000).
Commissioner Plummer: And fifty thousand, you want that in there? It's fine with me.
Commissioner Carollo: Well, no, no. And/or... And/or, I will not be satisfied with, J.L. This
has got nothing to do with Cesar or anybody else that would sit there in the future, because this
would be in here for history.
Commissioner Dawkins: That's right. OIL.
Commissioner Carollo: This has to do with someone that is not elected by the public to have
sole powers such as this to declare an emergency. That's not right. I think that should, as other
matters in the Charter, fall upon the Mayor and/or the City Commission.
Commissioner Plummer: Fine. You want that? It's fine with me.
Mr. Odio: You can put the Mayor only, but...
Commissioner Carollo: Right now, on the other one that we have, it says in time of public
danger or emergency, he may... It's talking about the Mayor, and powers and duties of the
Mayor, in "G". The Mayor should preside over meetings of the Commission, and perform such
other duties consistent with his office, et cetera. In time of public danger or emergency, he may,
with the consent of the Commissioners, take command of the police, and maintain order and
157 January 25, 1996
i
enforce the laws. He may, with the consent of the Commissioners. And I think probably that's
the wording that we should use, the one that served us well for 99 an a half years.
Mr. Jones: OK. Well, why don't we do this, then, Commissioner, let me suggest this. Let me...
Why don't we make the changes, including what Commissioner Dawkins and what you want,
and bring it back on the 8th.
Commissioner Plummer: That's fine. I move that it be deferred.
Commissioner Carollo: Fine. If we would make it with those changes, that the Mayor may, with
the consent of the Commissioners, take the emergencies... necessary as prescribed here, and with
the provisions that Commissioner Dawkins stated, to go no more than fifty thousand dollars
4 ($50,000).
I' Mr. Jones: OK. Let me just make one clarification. So you want to take out that the "Manager
would declare to be," for language similar to, or if not the same as in the Charter, granting the
Mayor that right.
Commissioner Carollo: Exactly.
i Commissioner Plummer: That's fine.
_—Commissioner Carollo: Now, the same language as right now is in the Charter, in "G" of the
Charter, that specifies the powers an duties of the Mayor.
Mr. Jones: OK. Insofar as the powers that you're granting the City Manager, those would be
fine up... it would include...
Commissioner Carollo: No, no. We're not granting that power to the City Manager. We're
granting it as it specifies now, and I hope you guys understand what I'm saying.
Mr. Jones: Well, that's what I'm saying. I'm saying in terms of the other powers that the
Manager would have as the Administrator, you don't have any problems with those.
Commissioner Plummer: None.
Commissioner Carollo: Well, the normal powers that he has now, he still will have, of course.
Mr. Jones: OK, all right.
Commissioner Plummer: We will still continue to set policy...
Mr. Jones: All right. I bring it back with those amendments.
Commissioner Carollo: Yeah. And again, this has nothing to do with Cesar Odio. This has to
do with what I truly believe should be the policy of this Commission for this Manager or any
other Managers that this City might have in the next hundred years.
Mr. Odio: Again, let me repeat, the County Manager would declare the emergency, so it makes
it easier. So.
----------------------------------------------------------------------------------------------------------------
50. FIRST READING ORDINANCE: AMEND CODE RELATED TO CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
(GESE) RETIREMENT TRUST: (1) SECTION 40-234 TO REQUIRE THAT
CERTAIN EMPLOYEES HIRED AFTER MARCH 31, 1996 SHALL BE
MEMBERS OF THE GESE RETIREMENT TRUST, AND (2) SECTION 40-235
TO PROVIDE FOR CREDITABLE SERVICE TRANSFER, PAST SERVICE
BUY-BACK AND REPAYMENT OF ANY OUTSTANDING TRUST FUND
ACCOUNT LOAN FOR CERTAIN EMPLOYEES.
Mayor Clark: Item 60.
Commissioner Plummer: I'll move 60.
Mayor Clark: Is there a second?
Commissioner Carollo: Yeah, but again, the County Manager is not elected by the public.
Commissioner Dawkins: Second, second it.
Mayor Clark: Second. Read item 60. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CITY CODE RELATED TO THE CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST; MORE PARTICULARLY AMENDING SECTION 40-234
TO REQUIRE THAT CERTAIN EMPLOYEES HIRED AFTER MARCH 31, 1996
SHALL BE MEMBERS OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND
1 SANITATION EMPLOYEES' RETIREMENT TRUST; FURTHER AMENDING
SECTION 40-235 TO PROVIDE FOR CREDITABLE SERVICE TRANSFER, PAST
SERVICE BUY-BACK AND REPAYMENT OF ANY OUTSTANDING TRUST
FUND ACCOUNT LOAN FOR CERTAIN EMPLOYEES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
159
January 25, 1996
was introduced by Commissioner Plummer, seconded by Commissioner Dawkins, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: 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.
----------------------------------------------------------------------------------------------------------------
51. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO REALLOCATE $100,000 FROM COMMUMITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS PREVIOUSLY AWARDED (1) FOR THE
OVERTOWN YWCA EXPANSION (PROJECT 705606), (2) TO THE
____._.CITYWIDE COMMERCIAL FACADE TREATMENT PROGRAM (PROJECT
799602), (3) TO REHABILITATE BUSINESS PROPERTIES IN ALL S
COMMUNITY DEVELOPMENT TARGET AREAS, AND (4) TO ALLOCATE
$22,400 FROM PROJECT 799602 TOWARD REHABILITATION OF 16
BUSINESSES IN ALLAPATTAH AND EDISON / LITTLE RIVER TARGET
AREAS.
,q
Commissioner Dawkins: Defer 61 until... And at the next meeting, you have twenty-two
thousand dollars ($22,000) for Allapattah Business, you got eleven thousand for Pierre St....
Haitian Catholic Center. And if you take that from a hundred thousand, that leaves sixty-six
thousand four hundred dollars ($66,400). And you've got 16 businesses that you're supposed to
go and uplift the facade. Sixteen for sixty-six thousand dollars ($66,000). I need to know what
you're going to do with each one and how much you're going to pay. Bring that back at the next
meeting, please.
----------------------------------------------------------------------------------------------------------------
52. REALLOCATE UNEXPENDED 21ST YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS ($100,000) FROM
PROJECT: "EDISON MARKET PLACE" (PROJECT 702608) TO THE
BELAFONTE TACOLCY CENTER (PROJECT 702701) (6161 N.W. 9
AVENUE) -- FOR STRUCTURAL IMPROVEMENTS TO THE CENTER.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 62.
Commissioner Plummer: Move it.
Vice Mayor Gort: Second.
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January 25, 1996
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Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-53
A RESOLUTION REALLOCATING UNEXPENDED 21ST YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $100,000, FROM
THE PROJECT ENTITLED: "EDISON MARKET PLACE" (PROJECT NO. 702608)
TO THE BELAFONTE TACOLCY CENTER (PROJECT NO. 702701), LOCATED AT
6161 N.W. 9TH AVENUE, FOR STRUCTURAL IMPROVEMENTS TO THE
CENTER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES:
NAYS:
ABSENT:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
----------------------------------------------------------------------------------------------------------------
53. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH DR.
ANTONIO JORGE, CONSULTANT, TO UPDATE THE CITY OF MIAMI
STRATEGIC PLAN OF 1990 -- INSTRUCT MANAGER TO DISCUSS
PROPOSED STRATEGIC PLAN IN GREATER DETAIL WITH
COMMISSIONER DAWKINS PRIOR TO NEXT COMMISSION MEETING.
Mayor Clark: Item number 66.
Commissioner Plummer: Move it.
-' Mayor Clark: Is there a second?
Commissioner Dawkins: No. Hold it. What is this? Yeah, I'll second it for discussion.
Mayor Clark: All right.
Mr. Elbert Waters: Item 62?
Commissioner Dawkins: Yeah... Sixty-six. We're on 66.
two,
161 January 25, 1996
Ow,
Commissioner Carollo: Yeah, 66.
Commissioner Dawkins: You know, I've been through this four times, I think.
Commissioner Plummer: This is compliance with State, right?
Commissioner Dawkins: What is a strategic plan? I need to know that. And why must we
update it from 1990?
Commissioner Plummer: State statute.
Mayor Clark: Dr. Jorge.
is
Dr. Antonio Jorge: Yes. I don't think it would be easy, Mr. Mayor...
Commissioner Dawkins: Pull the mike up, sir. Pull the mike up, sir.
Dr. Jorge: Yes. I don't think it would be easy for me to define in a couple of minutes what the
strategic plan is.
Commissioner Dawkins: OK. I'll defer this until you can come to my office and explain it to
--meand-then I'll be prepared to vote on it.
D I r. Jorge: But... No, no, sir, I won't do that. Let me explain why. Back in 1988, 1 tried to
-explain it to you, and you refused to listen at that time. Last month, I tried to make an
appointment with you, and you refused to receive me and have me explain it. If..
Commissioner Dawkins: I defer this until you come and... OK No problem.
Dr. Jorge: Listen. I withdraw... I withdraw my intent...
Commissioner Dawkins: I second your withdrawal.
Dr. Jorge: No. You don't have to second anything. I'm just not willing to do this, because I
don't see a spirit of cooperation, and I feet this is not serious on your part.
Commissioner Dawkins: Thank you, sir.
Dr. Jorge: I think you're not doing your job, and I think you're being really totally irresponsible
on this matter. Thank you, Mr. Mayor. I refuse to do this work for the City. Thank you.
Commissioner Dawkins: OK. Thank you, sir. OK.
Commissioner Plummer: Period. Amen.
Mr. Odio: No, no. No. Let me say something for the record. Commissioner Dawkins, we tried
to see you three times. I sent... I sent you a memo once.
Commissioner Dawkins: Mr. Manager, I told you before when you did this that this does not
make sense to me. OK? Now, you did not try to see me. OK?
Mr. Odio: Well, I did, sir. And I sent you a memo requesting a meeting with you and Dr. Jorge
to brief you on the plan.
162
January 25, 1996
0�
Commissioner Dawkins: No, no. I'm going to tell you again. I'm going to tell you in front of
everybody. I will see you, who works for the City Commission...
Mr. Odio: Right.
Commissioner Dawkins:... any time you want to see me...
Mr. Odio: Yes.
Commissioner Dawkins: ... to discuss anything you want to discuss. I will not see you with any
member of your staff to discuss anything.
Mr. Odio: Yes, sir. I know that.
Commissioner Dawkins: OK. All right, sir. That's it.
Mr. Odio: But in this case, I respectfully ask Dr. Jorge to reconsider. The strategic plan for the
City is of vital importance. We have...
Commissioner Plummer: Well, Mr. Manager, instead...
...Mr. Odio:... We spend...
Commissioner Plummer: Mr. Manager, please. Instead of pushing where tempers are high...
Mr. Odio: I'm not...
Commissioner Plummer: ... I would ask that Commissioner Dawkins' request be granted to
d6fer this item, giving the opportunity for everybody with cool heads to sit down and talk it over.
Dr. Jorge might not recant on his resignation. Mr. Dawkins might not change his mind. But
Commissioner Dawkins was the one who asked it to be deferred. And I would ask that all
parties concerned, in the interest of this City, to sit down between now and the next Commission
meeting, talk about it, possibly a consensus can be arrived at, and possibly not.
Commissioner Dawkins: And even if it doesn't, J.L, at least I have... The Manager has
explained it to me, whether I vote on it or not.
Commissioner Plummer: That's what I'm asking for.
Commissioner Dawkins: If you get the votes, it's gone. That's all.
Commissioner Plummer: All I'm saying is, the sign...
Commissioner Dawkins: I don't have a problem with that.
Commissioner Plummer: The sign in my office says - and I'd ask all three parties to be -
reasonable people can disagree, but they don't have to be disagreeable.
Mr. Odio: But Commissioner, I just...
Commissioner Plummer: I would second Commissioner Dawkins' motion at this time that this
matter be deferred.
163
January 25, 1996
II I{u f
Dr. Jorge: Right.
Commissioner Plummer: And I call the question, so there's no more conversation.
Dr. Jorge: Yes, sir.
Commissioner Plummer: Mr. Mayor?
Mayor Clark: It's been deferred.
Commissioner Plummer: Thank you.
jj Mayor Clark: We'll get back in touch with you, Doctor. The Manager will.
i
Dr. Jorge: There's no possibility of my speaking for the record, Mr. Mayor and Commissioners?
Commissioner Plummer: I would prefer you not to, sir. If you're smart, you won't. Thank you.
Mayor Clark: Just relax.
Commissioner Plummer: See you in two weeks, sir.
......Mayor Clark: Two weeks. All right.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.96-54
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 66 (AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DR. ANTONIO
JORGE, CONSULTANT, TO UPDATE THE CITY OF MIAMI STRATEGIC PLAN
OF 1990, IN AN AMOUNT NOT TO EXCEED $48,000) IN ORDER TO ALLOW
COMMISSIONER DAWKINS TO OBTAIN MORE INFORMATION; FURTHER
STIPULATING THAT ALL PARTIES CONCERNED (CITY MANAGER, . DR.
JORGE, AND COMMISSIONER DAWKINS) DISCUSS THE PROPOSED
STRATEGIC PLAN IN GREATER DETAIL PRIOR TO THE NEXT REGULAR
SCHEDULED MEETING OF FEBRUARY 1996.
[Note: Per R-96-73, the Commission changed the meeting date for both meetings in
February from February 8 and 22, 1996, to February 29, 1996.]
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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
164 January 25, 1996
0
---------------------- -----------------------------------------------------------------------------------------
54. AMEND RESOLUTION 95-888 AND ATTACHED AGREEMENTS --
ACCEPT INCREASE IN AMOUNT OF LIEN OF THE CNB MORTGAGE (TO
---AS0•*"4Aw**1JNHICH CITY'S LIEN IS SUBORDINATE) FROM $2,400,000 TO
$2,985,000 -- TO FINALIZE FINANCING FOR DEVELOPMENT, BY WEST
BRICKELL APARTMENTS, LTD. OF 130 UNITS OF AFFORDABLE
HOUSING AT S.W.10 STREET AND S.W. 2 AVENUE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 67.
Commissioner Plummer: All I want to know, who's building these units? Who is the West
Brickell Apartments, Limited? Who are they?
Vice Mayor Gort: That's the Downtown CDC (Community Development Corporation) which I
preside. I'm the individual...
Commissioner Plummer: And you're back... OK. The only question I had, not knowing it was
you, but who's backing up the collateral on these loans?
Vice Mayor Gort: The builder.
Commissioner Plummer: The builder.
Vice Mayor Gort: Right. The building total cost is about ten million dollars ($10,000,000).
Commissioner Plummer: You move it?
Vice Mayor Gort: Yes, sir.
Commissioner Plummer: I second it.
Mr. Cesar Odio (City Manager): It's a good site.
Mayor Clark: Cast a unanimous ballot.
165
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO.96-55
A RESOLUTION AMENDING RESOLUTION NO. 95-888, ADOPTED DECEMBER
7, 1995, AND THOSE CERTAIN AGREEMENT(S) ATTACHED THERETO, TO
ACCEPT THE INCREASE IN THE AMOUNT OF THE LIEN OF THE CNB
MORTGAGE, TO WHICH THE LIEN OF THE CITY MORTGAGE IS
SUBORDINATE, FROM $2,400,000 TO $2,985,000, FOR THE PURPOSE OF
FINALIZING THE FINANCING FOR THE DEVELOPMENT, BY WEST BRICKELL
APARTMENTS, LTD., OF ONE HUNDRED THIRTY (130) UNITS OF
AFFORDABLE HOUSING ON THE PROPERTY LOCATED AT SOUTHWEST 10TIl
STREET AND SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO INCORPORATE SAID
AMENDMENT.
(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:
�`Ik '_ 11
ABSENT:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
------------------------------- ---------------------------------------------- -----------------------------------
55. RATIFY MANAGER'S FINDING OF EMERGENCY NEED -- WAIVE
SEALED BIDS -- ACCEPT INFORMAL BID OF CHISHOLM BROTHERS,
INC. -- FOR REPLACEMENT OF ROOF AND ROOF MOUNTED AIR
CONDITIONING EQUIPMENT AT THE SOLID WASTE BUILDING --
ALLOCATE $62,164.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 68.
Commissioner Carollo: Move.
Vice Mayor Gort: Second.
Mr. Ron Williams: Mr. Mayor, if I may. Mr. Mayor.
Mayor Clark: Go ahead, go ahead.
166
January 25, 1996
IM
Mr. Williams: If I may, please. I would ask the Commission respectfully to consider an increase
of thirty-nine hundred and fourteen dollars ($3,914). We bumped into a couple of unexpected
circumstances that the Building Department worked with us on that were required in order to
make this final. That minor increase would still make this firm the low informal bid received.
Commissioner Plummer: Oh, yeah. Oh, yeah.
A. Quinn Jones, III, Esq. (City Attorney): Wait, wait, wait.
Commissioner Carollo: Whoa, whoa, whoa.
Commissioner Dawkins: Second.
Commissioner Carollo: Hold on, hold on. Ron, Ron, Ron.
Mr. Williams: OK.
Commissioner Carollo: Here, we're giving an emergency waiving the requirements for
,competitive bids. And...
Mr.'Williams: Formal, formal competitive bids.
.- [°n=i&gianer Carollo: Yeah. And accepting the informal bid. OK. Now, there's a big
difference in a competitive bid and an informal bid.
Mr. Williams: There's a big difference between formal and informal. This was an emergency
situation, Commissioner, wherein we need to pRokeed...
Commissioner Carollo: But, Ron, we're always in emergency situations in the City. I mean, the
City is a constant emergency every day. So, I mean, I'm used to that already. But...
Mr. Cesar Odio (City Manager): This is the roof, the roof. Explain to him why.
Commissioner Dawkins: Did they do the work?
Mr. Williams: Yes. The work was completed. But when the Building Department came in to
do the final inspection, Commissioner, there was thirty-nine hundred dollars ($3,900) worth of
additional work that was required. I thought we should pRokeed at the time to complete the
project and get a final on this City facility, and rather than come back to you, I would ask that
you would consider that increase at this time.
Commissioner Carollo: Well, does any other department have an emergency with the roof at this
point in time?
Mr. Odio: We have had... Yes. I did...
f
► Commissioner Carollo: Well, I think we should at least try to coordinate it, get a better deal.
!! Mr. Odio: Well, they... j
}
j
Mr. Williams: I agree.
i
Mr. Odio: I have given an order that there will be no emergencies brought to this Commission,
and we have complied with that. However, if they come to me and say the water is pouring ,
167 January 25, 1996
through the roof at the Coconut Grove Exhibition Center, and we have exhibitors coming in, we
have to declare an emergency, And those are the emergencies...
Commissioner Carollo: And I realize that. But we've been having that happen there for some
time.
Mr. Odio: We have... We have... That one hasn't come here yet.
Commissioner Carollo: And then the truth of the matter is that you know that we wouldn't have
as much of an emergency with that situation there if other things would have been complied for
throughout the years.
Mr. Odio: Right. We have...
Commissioner Carollo: And I don't want to get into that now.
Commissioner Dawkins: But Mr. Manager...
Commissioner Carollo: We talked about that.
Commissioner Dawkins: Mr. Manager, this was the job - and if I'm in error, you correct me -
that was bid - not bid but it was... Yeah, competitively bid - not competitively. It was
.rnegoiiated- Then when the job was completed, our Fire Inspector went out and said...
Mr. Williams: Building Inspector.
Commissioner Dawkins: ... this building was built without these fire safeties in it, and I will not
give you a CO (Certificate of Occupancy) until these things are corrected. And in order to get
the CO, Mr. Williams went ahead and said, "OK, put this in so we can... nobody will get burned
up in the building or something." Is that what happened?
Mr. Williams: Yes, sir. Yes, sir.
Commissioner Carollo: All right. I move it. But, you know, I just hope that...
Mayor Clark: Is there a second?
Commissioner Dawkins: I'll second it.
Commissioner Plummer: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
168 January 25, 1996
04
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-56
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTED, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND ACCEPTING THE
INFORMAL BID OF CHISHOLM BROTHERS, INC., FOR THE REPLACEMENT OF
THE ROOF AND ROOF MOUNTED AIR CONDITIONING EQUIPMENT AT THE
SOLID WASTE BUILDING, IN THE AMOUNT OF $62,164.00, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE;
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO.311018, INDEX CODE 429402-670.
(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
i; by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
;t Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
56. AMEND RESOLUTION 95-812, WHICH ACCEPTED BIDS FROM VARIOUS
VENDORS FOR FURNISHING TIRES AND TUBES TO DEPARTMENTS OF
GENERAL SERVICE ADMINISTRATION / SOLID WASTE AND FIRE -
RESCUE -- (1) RESCIND AWARD MADE TO SOUTHWEST CYCLE
COMPANY ($10,747), (2) DECREASE AWARD TO MARTINO TIRE
COMPANY FROM $147,674.99 TO $27,674.99, (3) INCREASE AWARD TO
SOUTH DADE AUTOMOTIVE FROM $12,531 TO $132,531, AND (4)
DECREASE TOTAL AMOUNT FROM $308,994.49 TO $298,247.49.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 69.
Commissioner Plummer: Move it.
Commissioner Carollo: Second.
Commissioner Plummer: We got to have tires.
Mayor Clark: No exception. Cast a unanimous ballot.
169
January 25,1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-57
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 95-812,
ADOPTED NOVEMBER 16, 1995, WHICH RESOLUTION ACCEPTED BIDS FROM
VARIOUS VENDORS FOR THE FURNISHING OF TIRES AND TUBES TO THE
DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE
AND FIRE -RESCUE, THEREBY: (A) RESCINDING THE AWARD MADE TO
SOUTHWEST CYCLE COMPANY IN THE AMOUNT OF $10,747.00, (B)
DECREASING THE AWARD AMOUNT TO MARTINO TIRE COMPANY FROM
I $147,674.99 TO $27,674.99, (C) INCREASING THE AWARD AMOUNT TO SOUTH
DADE AUTOMOTIVE FROM $12,531.00 TO $132,531.00, (D) DECREASING THE
TOTAL AMOUNT FROM $308,994.49 TO $298,247.49.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
C Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
I by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
i Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
57. CLAIM SETTLEMENT: MARTHA FERNANDEZ, INDIVIDUALLY, AND
LUIS FERNANDEZ, INDIVIDUALLY AND AS PERSONAL
REPRESENTATIVE, ESTATE OF MARISOL OVIEDO, DECEASED
($150,000).
-------------- -------------------------------------------------------------------------------------------------
Mayor Clark: Number 70.
Commissioner Plummer: Move it.
Commissioner Dawkins: Wait a minute. Wait a minute. Southwest... Award...
Mr. Cesar Odio (City Manager): This one is rescinding an award, because we were buying a
certain size of tire for Solid Waste.
commissioner mummer: wait a minute. we-ve aireaay none oy.
` Mr. Odio: And we have decided that we need...
170 January 25, 1996 4
:
t
r'+
A
Mayor Clark: We've already completed 69.
Commissioner Plummer:
We finished 69.
Mr. Odio: OK OK.
Commissioner Plummer:
We're on...
Commissioner Dawkins:
No, we haven't. No, we haven't.
Commissioner Plummer:
Yes, we did.
Commissioner Dawkins:
When did you do 69?
Mayor Clark: Just a moment ago.
Commissioner Plummer:
I move 70.
Commissioner Carollo: Item 70.
Mayor Clark: Yes.
—Commissioner Plummer: I move it.
f` i Commissioner Carollo: Mr. Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Commissioner Carollo: I think that when we have items such as this, especially for the amounts
that we have here, a hundred and fifty thousand, we should have, as a requirement, a brief
explanation from you on the record.
Mr. Jones: OK. Well, that...
Commissioner Carollo: I mean, this is a lot of money. It's a hundred and fifty thousand dollars
($150,000). I'm not saying that it might not be the best thing to do. I've seen your
recommendation, but we should have that on the record, and for what.
Mr. Jones: Yeah. OK. This particular case involved a police pursuit... involved the police in...
a police pursuit where a car had been stolen from Anthony Abraham Chevrolet, which had been
reported, the car stolen. We had one of our police officers who recognized the stolen vehicle
some days later, which resulted in a pursuit wherein this particular... the driver of this particular
car ran into another automobile, which resulted in serious injuries to the passenger, as well as
death - I think it was death - of the driver. So we have been... We were sued in this instance for
not only wrongful death, but negligence. And I can assure you that this is a very reasonable
settlement, given the fact that the case law is such that you can engage in pursuit. However,
where you create a foreseeable zone of risk, that's where the negligence comes in. And that's
essentially what this case is about, Commissioner.
Commissioner Carollo: Very good. Under State law, again, what are the limits that we have?
Mr. Jones: The limits of liability... These are two separate...
Commissioner Carollo: Right.
171 January 25, 1996
Mr. Jones: OK. But under the Sovereign Immunity Statute 768.28, our limit of liability would
be one hundred thousand dollars per claim ($100,000), two hundred thousand dollars ($200,000)
total.
Commissioner Plummer: And Joe, for your information, since you've been gone, it's a joke.
Commissioner Carollo: Well, I understand that.
Commissioner Plummer: It's a joke. Just so you know.
Commissioner Carollo: I know that.
Commissioner Plummer: That's our so-called limits of sovereign immunity. You send it up to
the State of Florida, they send it back and say, "Good luck, Charlie."
Mr. Jones: Well, you know, this is one thing... If I can just brief him, Mr. Mayor. I was just
notified last week that we had a claims bill pending in Tallahassee that's scheduled for a
committee hearing here in Miami next Tuesday. This is the second time where we have been
caught - for lack of a better term - with our pants down. I don't wish to cast aspersions on
anyone, whatever, but a claims bill is legislation. If we have a lobbyist in Tallahassee, whatever,
that individual should be tracking everything that pertains to the City of Miami. The last time...
— -The last -time this happened, which was the year before last, it cost us an additional two hundred
thousand dollars ($200,000). We didn't know about the bill until it was on the Governor's desk,
ready to be signed. There was nothing that could be done at this point, other than to tell the
Governor that we oppose it. And he didn't sign the bill. It became a bill anyway, according to
the pRokedure. But what I'm saying is that - and I've indicated this to the Manager, one of the
Manager's people - that there needs to be some greater coordination between Tallahassee and
this office regarding claims bills, because there is no statute of limitations. They can be brought
at any time, any year, by any interested party who wishes to seek to get the City to pay additional
money... So I would just hope that there's some greater coordination in that regard.
Mayor Clark: Have you so notified our lobbyist?
Commissioner Plummer: Well, excuse me. Mr. Jones.
Mr. Jones: Yes, sir.
Mr. Odio: This is the first I have heard of this.
Commissioner Plummer: Why would not the Law Department be that vehicle of notifying the
lobbyist?
Mr. Jones: Well, what I'm saying to you is that we don't... We don't know that the bill has been
filed, and that's the whole problem. If they're in...
Commissioner Plummer: How would we know, if you don't?
Mr. Jones: How would we know? The lobbyist should know. I'm saying like... What I'm
saying is, like any other bill that's filed that pertains to or will have an impact on the City of
Miami, I - I mean this is my opinion - I would think it would be the lobbyist's responsibility to
say, well, hey...
Vice Mayor Gort: What's the problem?
172
January 25,1996
0121�
Mr. Jones: Yeah.
-.Commissioner Plummer: OK. Then, hey, get them on...
C6mmissionerCarollo: OK. Well, I move 70, and - orshould l say 60 - 70, yes. Ifyou could,
Mr. City Attorney, from now on, in claims that are... you're recommending that we pay over
twenty-five thousand dollars ($25,000), can you, for the record, just give a brief summary, like
you have today?
Mr. Jones: Yes, sir.
Commissioner Carollo: Thank you.
Mayor Clark: Item 70-A. Moved and seconded on 70.
Mr. Odio: Sir, I'd like to...
Commissioner Carollo: Well, no.
Commissioner Plummer: Where... Has that...
.—Commissioner Carollo: We have to vote upon 70, Mr. Mayor.
Commissioner Plummer: Has that been resolved?
Mayor Clark: Call the roll on 70.
Commissioner Plummer: No, no. Excuse me. Has that matter been...
Mr. Odio: May I... I'd like... Excuse me. Seventy...
Commissioner Plummer: Seventy, oh. I'm sorry. Yes.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-58
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
MARTHA FERNANDEZ, INDIVIDUALLY, AND LUIS FERNANDEZ,
INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF
MARISOL OVEIDO, DECEASED, THE TOTAL SUM OF $150,000.00, WITHOUT
ANY ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN
THE CIRCUIT COURT CASES NO. 94-3013 (CA 05) AND NO. 95-3016 (CA 03),
UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF
MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS
THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE NO. 620103-652.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
58. BRIEF COMMENTS CONCERNING PROPOSED STIPULATED
SETTLEMENT WITH CELEBRATION EXCURSIONS OF MIAMI, INC. (See
label 91)
----------------------------------------------------------------------------------------------------------------
Mr. Cesar. Odio (City Manager): And we are... I'd like to leave this for the very end of the
agenda.. We are now working on a third amendment to the settlement agreement by the Pier 5
Boatmen's Association, and we're also capping an ordinance.
NOTE FOR THE RECORD: DUE TO AN ADMINISTRATIVE
TION 96-59 WAS DELETED FROM
THE RECORD.
174
January 25, 1996
-------------------••----------------------------------------------------------------------------- ••--------------
59. AUTHORIZE MANAGER TO EXECUTE HIGHWAY LANDSCAPE
MAINTENANCE AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION -- FOR MAINTENANCE BY THE CITY OF
LANDSCAPED MEDIAN STRIPS ON SOUTH DI UE HIGHWAY (U.S. 1)
RIGHTS -OF -WAY FROM SR 9A/I-95 TO S.W. 37 AVENUE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move 72.
Mayor Clark: Seventy-two moved by Mr. Plummer.
Commissioner Carollo: Second.
Commissioner Plummer: Hopefully, 70-A will be back before the end of the day.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-60
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
.MANAGER TO EXECUTE A HIGHWAY LANDSCAPE MAINTENANCE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR THE MAINTENANCE BY THE CITY OF MIAMI OF LANDSCAPED MEDIAN
STRIPS IN THE RIGHTS -OF -WAY OF SOUTH DIME HIGHWAY (U.S. 1) FROM
SR 9A/I-95 TO SOUTHWEST 37TH AVENUE IN THE CITY OF MIAMI, FLORIDA,
FURTHER DIRECTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION
TO THE FLORIDA DEPARTMENT OF TRANSPORTATION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
60. . ACCEPT BID: W.P. AUSTIN CONSTRUCTION CORP. ($995,939) TOTAL
BID OF PROPOSAL FOR "MIAMI POLICE DEPARTMENT -
HEADQUARTERS BUILDING CONCRETE REPAIRS AND EXTERIOR
RESTORATIONS, PART A, B, & C" (B-6248 A,B,&C) -- ALLOCATE FUNDS
FROM CIP 312030 ($995,939: CONTRACT COST, $163,839: ESTIMATED
EXPENSES, ESTIMATED TOTAL: $1,159,778).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Seventy-three.
.Commissioner Plummer: That's mandatory. I move it.
Commissioner Carollo: Second.
Mayor Clark: Cast a...
Commissioner Dawkins: Hold it. Under discussion.
Mr. Larry Schatzman: Mr. Mayor, my name is Larry Schatzman. I represent M. J. Anderson.
Commissioner Carollo: It's 73 were in, right?
Commissioner Dawkins: We're on 73.
Commissioner Plummer: Seventy-three.
Mr. Schatzman: Item 73, yes. Item 73. Is this the... This is the bid for the police station. Is that
correct?
Commissioner Plummer: Yeah.
Mr. Schatzman: Yes. I...
Commissioner Dawkins: OK. Hold it one minute, sir. We have nine hundred ninety-five
thousand nine hundred and thirty-nine dollars ($995,939) to cover the contract cost. What is a
hundred and sixty-three thousand eight hundred and thirty-nine dollars ($163,839), to cover what
estimated expense?
Commissioner Plummer: Fifteen percent on standard, on all.
Commissioner Dawkins: Fifteen percent of what?
Commissioner Plummer: The total bill.
Mr. Odio: That goes to Public Works.
Mr. Jim Kay: That's engineering...
Mr. Odio: That's our funding at the Public Works Department.
176
5)
Mr. Kay: ... design and inspection, project management.
Commissioner Dawkins: Say what now?
Mr.Kay: Engineering, design, project management and inspection services.
Mr..Odio: That is what funds our Public Works Department.
Commissioner Dawkins: Yeah, but, then say that the total project is one million one hundred
and fifty-nine... OK. Where... What object code, what account number? Where do you put this
hundred and sixty-three thousand eight hundred and thirty-nine dollars ($163,839)? Where?
What did you put it in?
Mr. Odio: That is a revenue account of the Public Works Department in the general fund.
Commissioner Dawkins: Beg pardon?
Mr. Odio: That goes to the general fund, to fund the Public Works Department.
Commissioner Dawkins: OK. Now, where does it show up in the budget?
Mr. Manohar Surana: Engineering services.
Mr. Odio: Under engineering services.
Commissioner Plummer: Surana, it's about time.
Mr. Odio: Engineering services at the Public Works Department.
Commissioner Dawkins: And if we do not do this project, what happens to the budget? Is the
budget balanced or unbalanced?
Mr. Odio: Go ahead, Mano.
Mr. Surana: Let me answer that. Basically, what we're doing, we're taking the bond money and
transferring it to general fund.
Commissioner Dawkins: Bond money?
Mr. Surana: To general fund.
Commissioner Dawkins: But the bond money is for capital.
Mr. Surana: Capital.
Commissioner Dawkins: All right. It doesn't have... I mean.. And so...
Mr. Surana: And then...
Commissioner Dawkins: So you... Wait a minute. No, no, Mano. Mano. Mano.
Mr. Surana: Yes, sir.
Commissioner Dawkins: This is not kosher, Mano.
177 January 25, 1996
',r
C-
Mr. Surana: It is kosher, because they are working... Normally, if you would hire an
engineering firm, you would have paid them 15 percent. So instead of paying them, we are
subsidizing them.
Commissioner Dawkins: Wait, now. This is a City of Miami building. OK?
Mr. Kay: Correct.
Commissioner Dawkins: So the City of Miami, in order to repair its building, charges itself 15
percent. What do the people do who you're paying every day, who work every day, when they
don't do this? What do they do then to earn their money.
}
Mr. Surana: They're getting paid from general funds.
Commissioner Dawkins: Beg pardon? They're get in bed?
Mr. Surana: They're getting paid from general fund. There are two different funds. One is a
bond fund and one is a general fund. It's the same money. It's moving two different...
Commissioner Dawkins: Then you're double-dipping, then. Then you're double dipping.
It's not double-dipping. We're transferring money from one fund to another fund.
" Commissioner Plummer: In house, and we're double-dipping.
Commissioner Dawkins: OK. OK. I'm not voting for... I don't understand this. OK? And...
Commissioner Carollo: Well, I'll move that, Miller, if... But... Whenever you're ready I'll do
that. Go ahead, I'm sorry.
Commissioner Dawkins: No, no, go ahead. You all move it. You all move it. I just don't
understand it, but go ahead.
Commissioner Plummer: What are you doing?
Commissioner Carollo: I move it.
Commissioner Plummer: Move it, I second. This gentleman wants to speak.
Mr. Odio: He has an objection.
Mr. Schatzman: Yes, I do, if I may.
Mayor Clark: Give us your name.
Mr. Schatzman: I represent M.J. Anderson, which was one of the bidders on this project. I
would suggest...
Commissioner Plummer: Did you file a notice...
A. Quinn Jones, III, Esq. (City Attorney): Of protest.
Commissioner Plummer:... in the proper pRokedure?
178 January 25, 1996
F
Mr. Schatzman: A notice of protest?
Commissioner Plummer: Yes.
Mr. Schatzman: We have not yet. We just received notice yesterday that the... of the
Commission's intention. This was the first notice I received.
Mr. Odio: Excuse me. This agenda...
Commissioner Plummer: Well, sir, sir, that doesn't come before us. OK? The only time that
you come before us is if, in fact, you're not happy with the decision of the protest. For you to
come here today is out of line, sir. I mean, this Commission is not going to make a decision
today to say you're right or you're wrong. That's why we have a protest pRokedure.
Mr. Schatzman: I appreciate that, sir. We will file the appropriate notice of protest.
Commissioner Plummer: If you wish and you feel that you have been wronged, then you file the
protest pRokedure. If you're not happy with that pRokedure - which I hope you would be - then
you come before this Commission to appeal.
Mr. Schatzman: Thank you very much.
M Mayor Clark: All right. Call the roll.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-61
A RESOLUTION ACCEPTING THE BID OF W.R. AUSTIN CONSTRUCTION
CORP., IN THE PROPOSED AMOUNT OF $995,939.00 TOTAL BID OF THE
PROPOSAL, FOR "MIAMI POLICE DEPARTMENT - HEADQUARTERS
BUILDING CONCRETE REPAIRS AND EXTERIOR RESTORATIONS, PART A, B
& C," (B-6248 A,B&C); ALLOCATING FUNDS THEREFOR FROM PROJECT NO.
312030 AS APPROPRIATED BY THE 1995-96 CAPITAL IMPROVEMENT
ORDINANCE, AS AMENDED, IN THE AMOUNT OF $995,939.00 TO COVER THE
CONTRACT COST AND $163,839.00 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $1,159,778.00; AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
179 January 25, 1996
1
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
( by the following vote:
i AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
t` ABSENT: None.
----------------------------------------------------------------------------------------------------------------
61. ACCEPT BID: R.C. ROOFING CORP. ($89,200) TOTAL BID OF PROPOSAL
FOR PROJECT: "BELAFONTE-TACOLCY CENTER, ROOF
i REPLACEMENT, B-3254" -- ALLOCATE FUNDS FROM CIP 331364
($89,200: CONTRACT COST, $14,895: ESTIMATED EXPENSES,
f ESTIMATED TOTAL: $104,095).
h - - ..... -.. ---------------------------------------------------------------------------------------------------------
Commissioner Carollo: Seventy-four is another roofing matter, but non -emergency. Move...
Commissioner Plummer: You're talking about 75 and 76?
Commissioner Dawkins: Seventy-four.
Commissioner Carollo: Seventy-four, 74.
Commissioner Plummer: Oh, it's 74.
Mr. Cesar Odio (City Manager): This is the park... The building at the Belafonte Tacolcy.
Mayor Clark: I wish you would all be quiet for a minute and let me run this meeting.
Everybody is jumping in from all sides. I'm the Chairman. I'll run this thing. It's running fast
enough, so slow down. Item number 74. Is there a motion on item 74? .f
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Commissioner Dawkins: Under discussion.
Mayor Clark: Under discussion.
Commissioner Dawkins: Again, fourteen thousand eight hundred and ninety-four dollars
($14,894) is money the City of Miami is paying itself to administer the project.
Mr. Jim Kay: Yes, sir.
1'14*)
�` 9
Commissioner Dawkins: OK? All right. No further questions.
Mayor Clark: Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-62
A RESOLUTION ACCEPTING THE BID OF R. C. ROOFING CORP. IN THE
PROPOSED AMOUNT OF $89,200.00, TOTAL BID OF THE PROPOSAL, FOR THE
PROJECT ENTITLED: "BELAFONTE-TACOLCY CENTER, ROOF
REPLACEMENT, B-3254"; ALLOCATING FUNDS THEREFOR FROM PROJECT
NO. 331364, AS APPROPRIATED BY THE 1994-95 CAPITAL IMPROVEMENT
ORDINANCE NO. 11205, AS AMENDED, IN THE AMOUNT OF $89,200.00 TO
COVER THE CONTRACT COST AND $14,895.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $104,095.00; AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH SAID FIRM.
j (Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
' Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
I, following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
----------------------------------- _ ACCEPT BID: VENECON, INC. ($220,000) TOTAL BID OFPROPOSAL------
FOR PROJECT. "ORANGE BOWL MODERNIZATION PHASE III, A.D.A.
ACCESSIBILITY NORTHEAST QUADRANT, PROJECT B-6256."
Mayor Clark: Item 76.
Commissioner Plummer: What about 757 Oh, it's been deferred. OK.
Mr. Wally Lee (Assistant City Manager): That was withdrawn, Commissioner.
Commissioner Carollo: That's withdrawn? OK.
Commissioner Plummer: All right. I have no numbers on 76.
'Mayor Clark: Two hundred and twenty thousand dollars ($220,000).
Commissioner Plummer: Two twenty. And who is it to be awarded to?
Mr. Lee: Venecon, Inc.
Commissioner Plummer: Who?
Mr. Lee: Venecon, Inc., sir.
Commissioner Carollo: Hold on.
A. Quinn Jones, III, Esq. (City Attorney): Could you spell it?
Mr. Lee: V-E-N-E-C-O-N, Inc.
Commissioner Carollo: OK. This is what, number 76?
Mr. Lee: Seventy-six, yes, sir.
_.._.Commissioner Carollo: This is the same people that got the one for the emergency before, right,
Venecon?
Mr. Lee: That is correct, sir.
Mr. Jones: For how much?
Commissioner Carollo: OK. Who are the people involved in that company? Are they City of
Miami?
Lee: The firm is located within the City of Miami, and they're a minority firm.
Commissioner Carollo: OK. Do you have the names of the principals in that firm handy?
Mr. Lee: I don't have it here with me, Commissioner, but I can get them for you. And they are a
registered minority firm with the City.
Commissioner Plummer: Furnish them to him.
Commissioner Carollo: OK. Right. Do you have the bid amount on that in 76? Because we
don't... I don't have it here. It's blank. What I have is just accepting the bid of blank in the
proposed amount of blank.
Mr. Lee: Sir, there was a bid yesterday. I dropped off at your office yesterday afternoon the bid
with all the detail.
Mayor Clark: Copy... Joe, here's a copy.
Commissioner Carollo: Thank you, Mr. Mayor. They just gave it to me. Thank you.
Mr. Lee: That was given to your aide, Commissioner.
182 January 25, 1996
Commissioner Carollo: Right. Yeah, it's the same thing. OK.
Mr. Lee: The same with you, Commissioner Plummer.
Commissioner Carollo: All right. So you basically didn't have this before while we got the
agenda printed.
Mr. Lee: That is correct, sir. The bid was opened yesterday at eleven o'clock in the morning.
Commissioner Carollo: I won't enforce the five-day rule.
Mr. Lee: We got five bids. It was a formal pRokess.
Commissioner Carollo: No, no. We'll go along with it. I just wanted to see who the people
were that were involved in this company, since this is the second time I saw their name pop up.
Mr. Lee: I'll be glad, however, to submit the names of all the individuals.
Commissioner Carollo: Well, whenever you can.
Mr. Lee: Yes, sir.
—Commissioner Carollo: If you could just drop it to me so I can see that, that's all. I move it.
Mayor Clark: Second?
Mr. Jones: For the record, could you please fill in the blanks so we'll have a record? I don't
have...
Commissioner Plummer: We did.
Mr. Jones: Huh?
Commissioner Plummer: Two hundred and twenty thousand is the amount. Venecon, Inc. is the
contractor.
Mr. Jones: OK. I didn't hear that said.
Commissioner Plummer: Well, open up your ears.
Commissioner Carollo: Mr. City Attorney, would you like a copy?
j
ii
1�
k
'r
Fµ:T
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-63
A RESOLUTION ACCEPTING THE BID OF VENECON, INC., IN THE PROPOSED
AMOUNT OF $220,000.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT
ENTITLED: "ORANGE BOWL MODERNIZATION PHASE III, A.D.A.
ACCESSIBILITY NORTH-EAST QUADRANT, PROJECT B-6245"; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 404240, AS APPROPRIATED BY THE
FISCAL YEAR 1994-95 CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS
AMENDED, IN THE AMOUNT OF $220,000.00 TO COVER THE CONTRACT
COST AND $39,788.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $259,788.00; AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TOT HE
CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Orrice 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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
None,
63. BRIEF COMMENTS BY COMMISSIONER DAWKINS CONCERNING
CERTAIN CONSENT AGENDA ITEMS HE WANTED TO RECONSIDER.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, if I may, I'd like to reconsider CA-8, 9, 10, 20 and 22.
Commissioner Plummer: I invoke the rule. I invoke the rule.
` Commissioner Dawkins: I pulled them and I... I pulled them and I'd like to reconsider.
i I
Mayor Clark: You want to move them now?
Commissioner Dawkins: Yes. I pulled them because I did not understand, and I still do not
understand the forty-five hundred dollars ($4,500) that we're paying ourselves, and that's why I
184 January 25, 1996
{
I
pulled them. But the other items went through with the amount approved, so I move CA-6, 6-A,
CA-8, CA-9, CA-10, and CA-22.
Commissioner Plummer: I invoke the rule.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, are you... I'm listening. Are you
moving approval without the forty-five hundred dollars ($4,500)?
Commissioner Dawkins: No. Approve as is.
Mr. Jones: Well, there's a problem. That's...
Commissioner Plummer: A major problem.
Commissioner Dawkins: Why? What's the problem?
Commissioner Plummer: The public is not here to speak on them, knowing that you pulled
them.
Commissioner Carollo: OK. That's in the consent agenda.
Commissioner Plummer: You can't do that, Miller. You're going to get in trouble.
Commissioner Dawkins: Next week, that's all.
Mayor Clark: We'll hear them at the next meeting.
Commissioner Carollo: Mr. Mayor, if I may, with your permission, sir.
Mayor Clark: Yes, sir.
--------------------------------------------------------------------------------------------------------------
APPOINT JOHN GALE, RICARDO NUNEZ-PORTUONDO, AND ANTONIO
LLANO MONTE TO SERVE ON THE INTERNATIONAL TRADE BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: On item... These are appointments that we have to finish making. On
item 17, sir.
Commissioner Plummer: Seventeen?
Commissioner Carollo: Yes.
Commissioner Plummer: Regular 17 or CA?
Commissioner Carollo: Regular 17.
Mayor Clark: Yes, sir.
Commissioner Plummer: Oh, these are your appointments.
Commissioner Carollo: I have three appointments to make to the International Trade Board.
185 January 25, 1996
P`AIS
Commissioner Plummer: Right.
Mayor Clark: And I make my appointments as John Gale, Ricardo Nunez-Portuondo...
Commissioner Plummer: Whoa, whoa, whoa. Slow down. John Gale.
Commissioner Carollo: Yes. Ricardo Nunez-Portuondo.
Commissioner Plummer: All right.
Commissioner Carollo: And Antonio Llano Monte. That's for the International Trade Board.
Mayor Clark: Second to that?
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-64
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE INTERNATIONAL TRADE BOARD TO FILL THE
REMAINDER OF UNEXPIRED TERMS AS DESIGNATED HEREIN.
(Mere 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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
186
January 25, 1996
65. APPOINT AL HUSTON AND EDUARDO LACASA TO SERVE ON THE
MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA).
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: On number 18.
i' Commissioner Plummer: Yes, sir.
Commissioner Carollo: Which are the appointment of two members to the Miami Sports and
Exhibition Authority. I appoint Al Huston and Eddy Lacasa.
Commissioner Plummer: Can you spell that last name?
Commissioner Carollo: Yeah.
Commissioner Plummer: Lacasa?
Commissioner Carollo: Yeah.
Commissioner Plummer: Oh. That's the same one that was up here for Armando's son.
Commissioner Carollo: Absolutely. He impressed me so much with his presentation here that it
reconfirmed to me that...
3
mow:
Mayor Clark: Have you ever spoken to him before?
Commissioner Carollo: Excuse me?
Mayor Clark: Have you ever spoken to him before?
Commissioner Carollo: Have I spoken to Mr. Lacasa before?
Mayor Clark: Yeah, Lacasa.
Commissioner Carollo: Yes, I certainly have, and to Mr. Huston, too. I spoke to him today.
Commissioner Plummer: Days of old are coming back to haunt us in the form of the offspring.
Mayor Clark: All right.
Commissioner Dawkins: Second.
Mayor Clark: Motion and a second.
Commissioner Carollo: Well, that was your close buddy back in those days. I don't know
anymore.
Commissioner Plummer: Oh, it still is. Still is.
Commissioner Carollo: OK.
Vice Mayor Gort: Is that Lacasa's son?
Commissioner Plummer: Yeah.
Commissioner Carollo: So on number 18...
Mayor Clark: Cast a unanimous ballot on those two appointments.
Commissioner Plummer: Oops. Hold on.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-65
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY TO FILL
THE REMAINDER OF UNEXPIRED TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
----.--Upon Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
NAYS:
ABSENT:
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
------------------------------------------------------------------------ --
66. (Continued) COMMISSIONER PLUMMER STATES HE WILL CHECK ON
NOMINATION OF COMMISSIONER CAROLLO TO THE PERFORMING
ARTS CENTER TRUST (PACT). (See label 22)
{
----------------------------------------------------------------------------------------------------------------
` Commissioner Carollo: On 24. I don't know if we made this. I think Commissioner Plummer
' was one appiontment that we had before, and the other one was Commissioner De Yurre.
l
' Commissioner Plummer: Correct.
Commissioner Carollo: Have we made both appointments on this or not?
Commissioner Plummer: Only one.
Mayor Clark: We made Mr. Plummer.
January 25, 1996
Commissioner Carollo: OK. All right. I wouldn't mind taking the same position that Mr. De
Yurre then had on this board.
Commissioner Plummer: Well, Joe, OK. Let me tell you the problem. Did you make an
application? You did not. You can't be considered. That's the problem.
Commissioner Carollo: OK. It's no problem.
Commissioner Plummer: No, no, I'm just saying that that's their bylaws.
Mayor Clark: Make an application to them, and it will be...
Commissioner Plummer: And I explained that when you weren't here.
Commissioner Carollo: All right, all right. No, no, if it is, it's fine.
Commissioner Plummer: OK.
Commissioner Carollo: We all got to follow the rules.
Commissioner Plummer: Well, excuse me. I will check for you to see whether or not the idea of
proffering an application is still open.
Commissioner Carollo: Well, let me say this to you.
Commissioner Plummer: And if it is, I will so notify you.
Commissioner Carollo: Now, let me say this to all of you, in all frankness. I mean, I got more
right now than I can possibly...
Mayor Clark: Handle.
Commissioner Carollo:... take care of and handle.
Commissioner Plummer: Join the crowd.
Commissioner Carollo: I mean, there's still only 24 hours in a day, so there's no problem in
that. .
Commissioner Plummer: Join the crowd.
----------------------------------------------------------------------------------------------------------------
67. (Continued) APPOINT TUCKER GIBBS TO SERVE AS AN ALTERNATE
MEMBER OF THE ZONING BOARD. (See label 24)
Mayor Clark: Anything else, Joe? Anything else?
Commissioner Carollo: Yes, sir. On item 31, I will name my appointment to the Zoning Board,
and I will nominate as my appointment to the Zoning Board Tucker Gibbs.
Vice Mayor Gort: Second.
189 January 25, 1996
Mayor Clark: With no exception, cast a unanimous ballot.
-7Coifffii996ner Plummer: Wait a minute. Can I vote against that, if I want?
Mr. Tucker Gibbs: Sure, J.L.
Commissioner Plummer: Didn't say that I was going to. Just asked if I could, that's all. I don't
want him walking out that door anything other than nervous.
Mayor Clark: Tucker, you're not on the Planning Board anymore, right?
Mr. Gibbs: No.
Mayor Clark: Because I appointed you the last time.
Mr. Gibbs: That's correct.
Commissioner Carollo: Well, if you would like to appoint him to the Planning Board, Mr.
Mayor... OK. All right. Fine.
Vice Mayor Gort: It's time for him to go to the Zoning.
Commissioner Plummer: Yeah. We want him to be a well rounded individual.
Mayor Clark: Hold the rest of it up, Joe?
Commissioner Carollo: No. That's the only appointment I have to make for the Zoning Board.
So if we could vote upon this one.
Commissioner Dawkins: Move it.
Mayor Clark: All right. He seconded. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-66
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS AND AS AN ALTERNATE MEMBER OF THE ZONING BOARD FOR
TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
190
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
68. (Continued) DISCUSSION CONCERNING CONFLICT OF INTEREST IN
CONNECTION WITH ANGEL GONZALEZ SERVING AS A MEMBER OF
THE CITYWIDE COMMUNITY REDEVELOPMENT ADVISORY BOARD.
Commissioner Carollo: OK. And the last one I have, Mr. Mayor, would be... OK. No, I don't
have them... I guess I do have a question. On 33, Commissioner Dawkins...
Mayor Clark: This is the...
;Commissioner Carollo: This is a request...
Mayor Clark: Joe, just a moment.
Commissioner Carollo: Yes, sir, I'm sorry.
Mayor Clark: On item 31, that was an alternate member you appointed.
Commissioner Carollo: Yes, alternate member. That's what I have, right.
Mayor Clark: All right. Item 33.
Commissioner Carollo: Yes, sir. On 33, this was a discussion item that Commissioner Dawkins
had requested to come back again, on Resolution 95-862, that talked about waiving the conflict
of interest laws for a certain individual from the Citywide Community Development Advisory
Board.
Commissioner Dawkins: The gentleman resigned.
ViceMayor Gort: He resigned. He's got a copy of the letter there.
Commissioner Dawkins: He resigned and said if we didn't want him, he didn't want us.
Commissioner Plummer: Yeah, he resigned.
Commissioner Carollo: OK. Well, all right. Well, I didn't know that. I was just wondering
what had happened to that.
191
January 25, 1996
Commissioner Plummer: There should be a packet. He left a packet for everyone.
Commissioner Carollo: I don't think I got mine.
Commissioner Plummer: I don't think he wants you to have one.
Commissioner Carollo: Well...
Commissioner Plummer: Ha ha ha.
Commissioner Carollo: There's a lot of things that some people don't want me to have. But I'm
still going to look at them.
Mayor Clark: All right. Please.
Commissioner Plummer: Mr. Mayor, are we finished with the regular agenda?
Mayor Clark: No. I'm going to recognize the Manager.
Commissioner Carollo: Thank you, Mr. Mayor.
.._--.-ASay=Clark: Thank you, sir.
----------------------------------------------------------------------------------------------------------------
69. VICE MAYOR GORT INQUIRES ABOUT VACANCIES ON THE
INTERNATIONAL TRADE BOARD (ITB).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Are we going to take up pockets?
Mayor Clark: Pockets? Go ahead, J.L.
Commissioner Plummer: Are you ready for pockets?
Vice Mayor Gort: I have a question on the International Board.
Commissioner Plummer: Yes, sir.
Vice Mayor Gort: My understanding is, my appointments have resigned.
f
Commissioner Plummer: Who is your appointment?
F: Mr. Walter Foeman (City Clerk): Which item, Commissioner? I'm sorry.
Vice Mayor Gort: The International Trade Board. I haven't received anything.
Mr. Foeman: Yeah. I believe that was the one dealing with excessive absences, if I'm not
mistaken. We... That wasn't a part of this agenda.
Vice Mayor Gort: Will you notify me for the next meeting?
Mr. Foeman: Yes.
Vice Mayor Gort: OK.
Mr. Foeman: We were going to carry it over.
Vice Mayor Gort: That's it.
Mayor Clark: All right.
----------------------------------------------------------------------------------------------------------------
70. AUTHORIZE FUNDING OF A PRODUCTION, IN CONJUNCTION WITH
THE COCONUT GROVE PLAYHOUSE, ENTITLED: "BURNING
DREAMS" -- ALLOCATE $100,000 FROM LAW ENFORCEMENT TRUST
FUND (LETF).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: You got a pocket, J.L.?
Commissioner Plummer: Yes, sir. A resolution... This comes with the concurrence of the
...Police .Department. A resolution authorizing the funding of the production, in conjunction with
the Coconut Grove Playhouse, entitled "Burning Dreams," in an amount not to exceed a hundred
thousand dollars from the Law Enforcement Trust Fund, such expenditure having been approved
by the Chief of Police as complying with Florida Statute Chapter 932.7055, as amended. I so
move.
Mayor Clark: Is there a second?
Commissioner Carollo: What was that again, J.L.?
Commissioner Plummer: This is for the playhouse.
Commissioner Carollo: Ha ha ha.
Mayor Clark: No exception. Cast a unanimous ballot.
193
January 25, 1996
s
�i
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-67
A RESOLUTION AUTHORIZING THE FUNDING OF THE PRODUCTION
ENTITLED, "BURNING DREAMS,' IN CONJUNCTION WITH THE COCONUT
GROVE PLAYHOUSE, IN AN AMOUNT NOT TO EXCEED $100,000;
ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST
FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER
932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES:
NAYS:
I ABSENT:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
--------- 9------- -----------------------------------------------------------------------------------------------
71.'' -GRANT REQUEST FOR FEE WAIVER ($60,000) IN CONNECTION WITH
THE THIRTY-THIRD ANNUAL COCONUT GROVE ARTS FESTIVAL
(FEBRUARY 17-19, 1996) -- SAID GROUP TO DONATE PIECE OF ART TO
CITY AS MENETO OF CENTENNIAL.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: A resolution authorizing the City Manager to waive fees of the Miami
Police, Fire Rescue and Solid Waste in an amount not to exceed $60,000 for the 33rd annual
Coconut Grove Arts Festival to be held February 17, 18, & 19, 1996; subject to such conditions
and limitations as may be prescribed by the Administration of the City Manager. Mr. Mayor,
what they're intending to do is to give a very significant piece of artwork to the City as a
memento of the Centennial, and that's why we're doing a swapping out. I so move.
Mayor Clark: OIL. Is there a second?
Commissioner Carollo: Second.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
194 January 25, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-68
A RESOLUTION RELATED TO THE THIRTY THIRD ANNUAL COCONUT
GROVE ARTS FESTIVAL, CONDUCTED BY THE COCONUT GROVE
ASSOCIATION, INC., TO BE HELD ON FEBRUARY 17TH THROUGH FEBRUARY
19TH, 1996; AUTHORIZING THE CITY MANAGER TO PROVIDE IN -KIND
SERVICES FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE AND
GENERAL SERVICES ADMINISTRATION/SOLID WASTE, IN AN AMOUNT NOT
TO EXCEED $60,000 FOR SAID EVENT; SAID AUTHORIZATION CONDITIONED
UPON THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS
OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT;
(2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; (3) CONTRIBUTING
A PUBLIC ART PROJECT COMMEMORATING THE CITY OF MIAMI'S
CENTENNIAL; AND (4) COMPLYING WITH ALL CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(.Here follows body of resolution, emitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
CommissionerJ.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
None.
---------------------------------------------------------------
72. COMMISSIONER PLUMMER CORRECTS LANGUAGE IN MOTION 95-883
TO READ MIAMI SYMPHONY ORCHESTRA (NOT PHILHARMONIC).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I made a mistake on a previous motion. This is only to
clarify the scenario. The amount of money that we gave to what I thought was the Philharmonic
is actually going to the Miami Symphony Orchestra. For the record, that clarifies the record.
f Mayor Clark: All right.
195
•--•--••-•------------------•--•--•--•--..-...-...--..-......-.-.-..-•--•--•--.-...-----------------------------
73. INSTRUCT MANAGER TO PLACE BANNERS NEXT TO THE CITY SEAL
IN CITY HALL COMMISSION CHAMBERS TO PROMOTE CITY OF
MIAMI CENTENNIAL.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I'd like to bring up two items, Mr. Mayor, if I may. Mr. Manager, it is
our Centennial, and I would appreciate - whatever you want to do - I recommend the banners
that are over on the highway, since we're televising these programs, these Commission meetings,
that somewhere up here, either on either side of the seal, that something go up there talking
about the Miami Centennial, or letting people know in these Commission meetings.
Mr. Cesar Odio (City Manager): Over here?
Commissioner Plummer: Yes, sir. That when the camera flops up here, it will show
"Centennial."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.96-69
A MOTION INSTRUCTING THE CITY MANAGER TO PLACE BANNERS NEXT
TO THE CITY SEAL IN THE CITY HALL COMMISSION CHAMBERS TO
PROMOTE THE CITY OF MIAMI CENTENNIAL.
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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
------------------------------------------------------ ---------------------------------------------------------
74. DIRECT ADMINISTRATION TO SECURE THE ROYAL PALM ICE HOUSE
ON U.S.1 AND DOUGLAS ROAD (S.W. 37 Avenue) WHICH PRESENTLY
SERVES AS AN UNSUPERVISED HOMELESS DRUG CENTER.
y..................................................................................................................
Commissioner Plummer: The other problem I have, I guess it's a police matter. The old Royal
Palm Ice House on Dixie Highway and Douglas Road has been vacated by the occupants. It has
'now turned into a homeless drug center without supervision. Mr. Manager, they need to go over
and secure that building to take that element out of that neighborhood. Thank you, Mr. Mayor.
I'm completed.
196
January 25, 1996
r''
Mayor Clark: Thank you.
75. FIRST READING ORDINANCE: AMEND CODE SECTION 54.5-11
RELATING TO SUBDIVISION REGULATIONS -- PERMIT PROPERTY
OWNERS TO SUBMIT COVENANTS IN LIEU OF UNITY OF TITLE.
---------------------------------------------------
-------------------------------------------------------------,
Mayor Clark: Mr. Gort. Yes, sir. I have an item I'd like for the... This is a matter with the...
An ordinance related to the... Can I get the City Attorney to read it?
i Commissioner Plummer: Mr. City Attorney?
I AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
Commissioner Plummer: You're not very good at reading, are you?
�►ki., Vice Mayor Gort: This would be the first reading. No, I'm not.
Commissioner Plummer: I second it.
Mayor Clark: Call the roll.
197
An Ordinance entitled -
AN ORDINANCE RELATING TO SUBDIVISION REGULATIONS; AMENDING
SECTION 54.5-11. OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY PERMITTING PROPERTY OWNERS TO SUBMIT COVENANTS
IN LIEU OF UNITY TITLE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: 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.
Mayor Clark: You got another pocket item, Willy?
Vice Mayor Gort: That's it.
Mayor Clark: All right.
P
----------------------------------------------------------------------------------------------------------------
76. DIRECT MANAGER TO SCHEDULE KNIGHT MANOR PROJECT
(RESOLUTION 95-853) FOR NEXT COMMISSION MEETING --
STIPULATE THAT IF NO AGREEMENT IS REACHED BETWEEN
PROJECT PROPOSERS AND THE LAW DEPARTMENT, MANAGER
SHOULD PREPARE AN RFQ IN CONNECTION WITH CONSTRUCTION OF
.ADEQUATE AFFORDABLE HOUSING.
i
Commissioner Dawkins: OK. I have two. The first one I have is, I asked that the Knight Manor
!' Housing Project be brought before us, and nobody is here. But I will bring it up at the next
Commission meeting, Mr. Manager, and if they have not got an agreement with the Law
Department and all, so that you're held harmless, I want you to bring me back an RFQ (Request
for Qualifications) and I'll go back out and rebid it, and try to get some housing in there, because
for three years, we've been trying to get housing, and we can't get a group to gel, Mr. Manager,
to get this done. So I told them that if they do not have this in the final form at the next
Commission Meeting, we'd put out an RFQ.
Mr. Cesar Odio (City Manager): I hope they do.
. L . , _ .. 11 1 .
Commissioner Dawkins: Me, too.
Mr. Odio: I hope they do.
----------------------------------------------------------------------------------------------------------------
77. COMMISSIONER DAWKINS REQUESTS POLICE DEPARTMENT TO
PURCHASE NIGHT -VISION CAMCORDERS TO ASSIST NORTH AND
CENTRAL STATIONS FIGHT CRIME IN N.W. 12 AVENUE AND N.W. 40
STREET AREA.
Commissioner Dawkins: The other one is, I would like to make a motion...
'(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Commissioner Plummer: What do you mean, "be quiet"?
Commissioner Dawkins: I'd like to make a motion that...
Commissioner Plummer: I move to fire the Manager.
Commissioner Dawkins: ... that somehow, the North Station and the Central Station coordinate
their efforts and clean up Northwest 12th Avenue and Northwest 40th Street. The Manager is
aware of it. I've made... Where is Joe? We have some citizens who said, "If you purchase
camcorders that record at night, I will sit up in my house at night and record these incidents, and
give them to you." For four months, I've been asking for the camcorders. The lady got shot out
there the other night. They said, "Well, Miller, what can we do, Commissioner Dawkins?
We've offered our help."
i
{ 199
January 25, 1996
{
Mr. Cesar Odio (City Manager): Commissioner, we will do something now.
Captain Joseph Longueira: Commissioner, I talked to the Chief today. I'm going to get with
you. We're going to talk to them. We'll come back and bring an item for that.
Commissioner Dawkins: No, no, no. Buy the camcorders, and come talk to me, and let me
deliver them, Joe. What the hell do you all have to talk to them for? What do you have to say to
them?
I
Captain Longueira: OK.
IVSr. Odio: We will do it.
Mayor Clark: OK. Now you got it.
Commissioner Dawkins: OK. Thank you.
----------------------------------------------------------------------------------------------------------------
78. COMMISSIONER PLUMMER COMMENDS POLICE DEPARTMENT,
DOWNTOWN DEVELOPMENT AUTHORITY (DDA), AND MANAGER IN
CONNECTION WITH THEIR ACTION IN WEST GROVE -- MANAGER
......
_INFORMS COMMISSION THAT THE ACTION IS CITYWIDE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Let me... If I may, Mr. Mayor, let me commend the Police
Department, the City Manager, and the DEA (Drug Enforcement Agency). I have received
phone calls. They have made a concerted effort in West Grove. I am daily receiving phone calls
saying, "Commissioner, if you let them leave this area after what they're doing here, we're going
to recall you; that they are doing a fantastic job."
Commissioner Dawkins: Move him so he can get recalled.
Commissioner Plummer: They're doing a fantastic job down there, and to the Police
Department, I'm conveying...
Mr. Cesar Odio (City Manager): I'm withdrawing the force.
Commissioner Plummer: I'm conveying the wishes of the people of West Grove, who thank you
profusely for what you're doing. They want you to continue, and if possible, do more. So I'm
just putting that on the record.
Mr. Odio: We don't want to... I just want you to know, we cannot say how long we are going to
be there, but we're not going away.
Commissioner Carollo: Well, and in that same spirit, Commissioner, let me say that that was
one of my campaign pledges, that I would do my best to encourage the Police Department and
help the Police Department to combat narcotics both at the street level and at the higher level.
And the Police Chief certainly kept his word to me by organizing these particular groups that
he's formed since November when we came on board.
f
Mr. Odio: This is so that...
F.
200 January 25, 1996
Commissioner Carollo: So I thank the Police Department and the Chief for that. And I had the
opportunity to speak to the group that went to the West Grove before they left that Friday
afternoon, and I'm glad that, you know, there were no problems out there. You guys know what
I mean.
Mr. Odio: Since I can...
Commissioner Carollo: I would have gotten the blame for it.
Mr. Odio: Mr. Mayor, if I may. I can read Commissioner Dawkins' thoughts by now. This is
Citywide. It's just that it really was irritating to walk around the West Grove and see openly
how those people dare us to do something about it. Sixty-four of them have gone into jail. I
f hope they keep them there.
k Commissioner Plummer: He's not telling you the truth. It goes...
Mayor Clark: Let's move on.
Commissioner Carollo: And this is going to be done all over the City now.
Commissioner Plummer: It goes... It goes deeper.
Mr...Odio:.. _Citywide.
Commissioner Carollo: Yeah.
Mayor Clark: All right. Mr. Dawkins.
.Commissioner Dawkins: But see, like Cesar says, they cannot telegraph what they're doing.
Mayor Clark: No.
Commissioner Dawkins: So he moves from Liberty City to Coconut Grove. He moves from
Coconut Grove to Little Havana and 87th and Flagler, and he keeps moving around, and they
don't know what to expect.
Commissioner Plummer: Miller, let me tell you what bothers me more than anything. You
know, they have now a so-called safe school zone, if you're so many feet within a school? Right
here in Coconut Grove Elementary, they are dealing out of the banyan tree right directly across
the street. And there's no question that that is in that school zone, where they should be
crucified, and nailed to the wall, and they're getting away with it.
Commissioner Dawkins: And you haven't arrested them, J.L.?
' Commissioner Plummer: And they're getting away with it.
201
January 25, 1996
�f"
................................................................... •---......---....--.-...-------....-•-•---------------
79. (Continued) NOMINATE CHARLES FERNANDEZ TO THE BOARD OF
DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA).
(See label 20)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Let's move forward. Mr. Carollo.
Commissioner Carollo: Mr. Mayor, I have one last appointment. On the Downtown
Development Authority, my second appointment will be Charles Fernandez.
Mayor Clark: Second the motion. Cast a unanimous ballot.
The following motion was introduced by Commissioner Carollo, who moved its adoption:
MOTION NO.96-70
vMOTION NOMINATING CHARLES FERNANDEZ AS A MEMBER OF THE
`DOWNTOWN DEVELOPMENT AUTHORITY.
Upon being seconded by Mayor Clark, the motion was passed and adopted by the
,..,. following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
_ Mayor Stephen P. Clark
NAYS: None,
ABSENT: None.
80. FIRST READING ORDINANCE: APPROVE CREATION OF SPECIAL
TAXING DISTRICT BY METROPOLITCAN DADE COUNTY FOR FOUR
WAY LODGE ESTATES TO PROVIDE TWENTY-FOUR HOUR
STATIONARY GUARD SECURITY SERVICE -- APPROVE
CONSTRUCTION OF GUARD HOUSE FACILITY -- INSTALL AND
OPERATE TRAFFIC CONTROL DEVICES -- AUTHORIZE AND
APPROPRIATE $100,000 FOR SAID IMPROVEMENT -- PROVIDE TITLE
�.' . INSURANCE AND GUARD HOUSE LOCATION -- REQUIRE EXECUTION
I ` ` OF INTERLOCAL AGREEMENT BETWEEN CITY AND COUNTY.
,,.............................................................
Commi koner Carollo: As far as pocket items, I have my two. This one has to do with
approving the attached emergency ordinance, which will approve the creation of a Special
Taxing District for Four Way Lodge Estates. That's been...
i
I 202 January 25, 1996
i
Mayor Clark: Where is Four Way Lodge?
Commissioner Plummer: Can I have a copy, Joe?
Commissioner Carollo: It's up... You all do have one here before you.
Commissioner Plummer: Sorry.
Commissioner Carollo: This is in the South Grove. The City Attorney's Office has gone
through it, approved it, so that it could be sent to Dade County, and then Dade County would
have to ;approve this in this form, so they could have the special election within the
neighborhood and then decide.
Commissioner Plummer: Whoa. Joe, Joe.
Commissioner Carollo- Yeah.
Commissioner Plummer: You're back here and let me just... a word of caution.
Commissioner Carollo: Sure.
Commissioner Plummer: Doing this without a public hearing, I'm telling you it has proven to
be a disaster. Now, I have no problem with it. I think it's a great idea, but if you don't have a
public hearing, you're going to get... We are going to get criticized.
Commissioner Dawkins: Advertise it for the next meeting.
Commissioner Carollo: I have no problem. Let me just say this.
Mr. Cesar Odio (City Manager): Why don't... Let me give you a suggestion, Commissioner.
Commissioner Carollo: I was asked to do this by the neighbors.
Mr. Odio: Yes, sir.
Commissioner Carollo: At the same time, the reason they asked me to bring it up now was that
if it doesn't get approved now, they're going to run into that one-year time limitation where then
they have to wait another year before...
.,Commissioner Plummer: OK. Joe...
IJ
Mr. Odio: May I suggest something.
Commissioner Carollo: But, you know, I'll do whatever the Commission would like.
1. Commissioner Plummer: No, no, no.
Mr. Odio: Pass it on first... Wait, excuse me. Pass it on first reading.
Commissioner Plummer: That's fine.
Mr. Odio: We put it back in the next Commission meeting as a second reading.
Commissioner Plummer: As a public hearing.
203
January 25, 1996
p i
Mr. Odio: And then you have the public hearing then.
Mayor Clark: Read the ordinance.
A. Quinn Jones, III, Esq. (City Attorney): Would that be within the time period, Commissioner
Carollo?
Commissioner Dawkins: Second the motion.
Mr. Jones: Would that be...
Commissioner Carollo: I would hope so. I don't know, but if it's not, we tried.
Mr. Jones: OK.
i seconded. Call the roll.
Mayor Clark: It's been moved and
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), APPROVING CREATION OF A
SPECIAL TAXING DISTRICT BY METROPOLITAN DADE COUNTY FOR FOUR
WAY LODGE ESTATES, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING
TWENTY-FOUR HOUR STATIONARY SECURITY GUARD SERVICE; SUBJECT
TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND METROPOLITAN
' DADE COUNTY REQUIREMENTS; APPROVING CONSTRUCTION OF A GUARD
HOUSE FACILITY, INSTALLATION AND OPERATION OF TRAFFIC CONTROL
DEVICES, AND AUTHORIZING AND APPROPRIATING A REIMBURSABLE
AMOUNT, NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000),
FOR SAID IMPROVEMENT; PROVIDING FOR TITLE, INSURANCE AND GUARD
F HOUSE LOCATION; REQUIRING EXECUTION OF INTERLOCAL AGREEMENT,
IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY
AND METROPOLITAN DADE COUNTY; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Carollo, seconded by Commissioner Dawkins, and was
passed on first reading, by title only, by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
None.
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.
--------------------------------------------------------------------------------------••-------------------------
81. RESCIND MOTION 89-90 -- ASSIGN EXCLUSIVE RIGHT TO MIAMI
SPORTS AND EXHIBITION AUTHORITY (MSEA) TO DESIGNATE
PARKING IN FRONT OF MIAMI ARENA, SUBJECT TO REVIEW BY CITY
ATTORNEY AND POLICE DEPARTMENT. (See label 84)
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: OK. The second item that I have is, I move that M-89.90, passed on
January 26, 1989, which proscribes street closures near the Miami Arena be rescinded in its
entirety. This has to do with street closures in front of the Miami Arena.
r Commissioner Dawkins. Is that legal?
Commissioner Plummer: The only question I would have, Joe... and I really have no say, one
way or the other. The Police Department, have you looked into this? It was done, I can tell you,
the inception was done for public safety of the pedestrian...
Commissioner Carollo: No, it was not for public safety, no, sir.
.__—Commissioner Plummer: Is this the one on the avenue?
Commissioner Carollo: This is on the back side and 2nd -excuse me - 1st Avenue. This has
nothing to do with public safety, whatsoever, on that street.
Commissioner Plummer: Joe, then... The only thing I'm bringing is that we closed one of the
streets to provide for the people walking from the rapid transit over.
Commissioner Carollo: That wasn't that street, no.
Commissioner Plummer: It's not this street?
Commissioner Carollo: It's not this street. I haven't seen that done. This street... As a matter
of fact, the only thing that it's being used for that I see now is for VIP parking. It is not used for
anything else. I mean, if there is, please, let's have it, you know, out in the open.
Commissioner Plummer: Fine. Fine.
Commissioner Carollo: I haven't seen anyone walk through that street, and frankly, because it's
full of cars.
Commissioner Plummer: Well here's... May I suggest...
Commissioner Carollo: All over the place, including the mini strip.
Commissioner Plummer: May I suggest that you move it subject to the Police Department's
review, and if there's a problem, they can bring it back? If they don't bring it back, it's passed.
Commissioner Carollo: Well, Captain, do you have a problem with that now? I mean, I'd like
to clear it up now, if we can.
Captain Joseph Longueira: Yes, I do, Commissioner. By opening that street... The part you're
f i talking about, the southern part of that street, is being used for VIP parking.
205
January 25, 1996
Commissioner Carollo: Right.
Captain Longueira: But the northern part of the avenue, where it meets 8th Street, where it's
closed off, that's for all of the pedestrian traffic.
Commissioner Carollo: Well, let's close off... Let's close that partially. The part where the
pedestrians walk is in front of that street right now, not in that street, because it's full of cars.
Captain Longueira: But that street, when you open it, it opens all the way up to 8th Street. It's
the whole block.
Commissioner Carollo: Well, I'm only talking about the part that's directly in front of the
Arena, next to the tracks of the FEC (Florida East Coast).
Captain Longueira: Right.
Commissioner Carollo: Now, that's the only part that I'm talking about. But you know what?
Maybe we could reach the best of both worlds here. And Mr. City Attorney, maybe you could
guide me, along with the City Manager, on this. This is something we were going to come back
to you with anyway, if needed. Maybe we could leave it open but... Help me, Mr. City
Attorney, on how to rephrase this so that instead of giving the right to the operators of the Arena
.... _. ..__.—to.assign_parking into that street - and I'm talking specifically VIP parking or any other parking -
1f
that this authority will be given to the Sports and Exhibition Authority instead.
S Commissioner Plummer: So move.
Commissioner Carollo: But I want to be able to make sure that we can...
Commissioner Plummer: Second the motion.
Commissioner Carollo: Second. But I need his guidance to make sure we're going about it in
the appropriate way.
A. Quinn Jones, III, Esq. (City Attorney): OK. Commissioner, to be honest with you, I'd have
to look at it and work out the language, if that's OK with you.
Commissioner Carollo: OK. Do we need to come back for it or not? Or can...
Mr. Jones: Should we bring it back?
Commissioner Carollo: I mean, we can rescind this here now and then...
f Mr. Jones: Go ahead, go ahead and adopt the motion, and we'll bring a resolution back that will
reflect what you want to do.
Commissioner Plummer: Second.
Commissioner Carollo: Well, see, but this is what I don't want to do, if we can avoid it... have to
come back and waste more time with this. If we could rescind this now in one motion, and then
let's make another one right after it to approve this same motion with the exception that it would
be the Sports and Exhibition Authority that would be responsible for assigning the parking then.
Mr. Jones: OK.
206 January 25, 1996
C".
Mr. Odio: But they are now... The resolution gave them that right - to the Exhibition and Sports
Authority - and they, in turn, gave it to the operator.
Mr. Jones: OK. Why don't we do this...
Commissioner Carollo: That's not quite what I understood, Mr. Manager.
Mr. Jones: Commissioner, why don't we do this, then. Why don't you pass it subject to looking
at any agreements with Leisure Management which may provide to the contrary. My
! recollection is there may be something in the contract that may have required that street to be
closed.
r:
Commissioner Plummer: Wait a minute. I'm...
Commissioner Carollo: No, sir, there was nothing in the contract. But...
Commissioner Plummer: No, no. Excuse me. Excuse me. Mr. City...
Commissioner Carollo: We had a contract with the Miami Arena, and not City streets.
Commissioner Plummer: Mr. City Attorney, excuse me. Does not this Commission still have
full police powers over the streets, of closures and openings?
Mr. Jones: Of course, you do.
i
Commissioner Plummer: So we are rescinding anyone else having that authority, and taking it
back unto ourselves or to the Sports Authority. It's just that simple.
Commissioner Carollo: Yeah. And only to that.
Commissioner Plummer: That's fine.
Mayor Clark: OK. Motion and a second. Pass.
Commissioner Carollo: And the motion that was passed is that it would be the Sports Authority
only that would have the authority to designate parking in there. We're rescinding this motion...
Mr. Jones: The Sports Authority. That's OK. You could assign it to the Sports Authority.
Commissioner Plummer: He's opening it.
Mr. Jones: He's opening it?
i Commissioner Carollo: We're rescinding the part of this motion that would have allowed any
4 authorization for the Arena to designate parking in this street, and assign it exclusively to the
Authority, no one else.
Commissioner Plummer: We'll try it.
l 4., Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
Commissioner Plummer: We'll try it.
207 January 25, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-71
A RESOLUTION, WITH ATTACHMENT, REAFFIRMING THAT PORTION OF
MOTION NO. 89-90, ADOPTED JANUARY 26, 1989, BY THE CITY COMMISSION,
A COPY OF WHICH IS ATTACHED HERETO, WHICH PROVIDES THAT
"MANAGEMENT OF THE STREET DIRECTLY IN FRONT OF THE MIAMI
ARENA (NORTHWEST 1ST AVENUE, BETWEEN 6TH THROUGH 8TH STREETS)
SHALL BE THE SOLE RESPONSIBILITY OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY", AND FURTHER, STATING THAT THE
AUTHORIZATION TO DESIGNATE PARKING IN SAID STREET IS GIVEN
EXCLUSIVELY TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS:
None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Now, that's all, Joe?
Commissioner Carollo: That's all. Mr. Manager, you wanted to make a statement to it?
Mr. Odio: I want to clarify, because...
Mayor Clark: Wait a minute. Just a minute. I... Wait, hold on.
Mr. Odio: Mr. Mayor.
------------------------------------------------------ ---------------------------------------------------------
82. AUTHORIZE PURCHASE OF 1,200 FLORIDA LAW ENFORCEMENT
HANDBOOKS - DADE COUNTY EDITION FROM METRO DADE COUNTY
POLICE DEPARTMENT -- ALLOCATE $10,680.
----------------------------------------------------------------------------------------------------------------
Mayor , Clark: This pocket item I have is a resolution authorizing the purchase of Law
Enforcement Handbooks for the Police Department. Do you all have a copy of it? I sent a copy
out to you.
Commissioner Plummer: We've already done that one, haven't we?
Mayor Clark: No, we haven't.
Commissioner Plummer: Second the motion.
Mayor Clark: For ten thousand dollars ($10,000). Is there a second?
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot.
i The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO.96-72
A RESOLUTION AUTHORIZING THE PURCHASE OF 1,200 FLORIDA LAW
ENFORCEMENT HANDBOOKS - DADE COUNTY EDITION FROM METRO
DADE COUNTY POLICE DEPARTMENT AT A TOTAL PROPOSED AMOUNT OF
$10,680.00, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 290201-760; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS ACQUISITION.
(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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
None.
----------------------------------------------------------------------------------------------------------------
83. DIRECT MANAGER TO CLEAN UP / REPAIR THE STEPHEN P. CLARK
BUILDING AT MELREESE GOLF COURSE.
Mayor Clark: And Mr. Manager, after this torrid session we had before lunch today, I want you,
{..... _ tomorrow morning, to send somebody out there and start to clean up that Stephen Clark
Building. That's a disgrace, not only to me, but to the City and to everyone.
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: They've got graffiti all over the thing. They're trashing... They're putting trash
inside the building.
.Commissioner Plummer: It's horrible. It's horrible.
Mayor Clark: It's a terrible thing.
Mr. Odio: Well, the building is due for demolition and rebuilding under the new plans, Mr.
Mayor.
Mayor Clark: Well, that's all right. Well, let's get the thing cleaned up where it looks decent.
----------------------------------------------------------------------------------------------------------------
84. (Continued) CLARIFYING COMMENTS CONCERNING PARKING
ADJACENT TO MIAMI ARENA. (See label 81)
----------------------------------------------------------------------------------------------------------------
Mr. Odio: OK. I need a clarification, Mr. Mayor. On the prior... On the motion on the street in
front of the Arena, we are not opening up the street, are you, Commissioner?
. Commissioner Carollo: Excuse me?
i Mr. Odio: We are not going to open the street to traffic. You are giving the control of the street
' to the Miami Sports and Exhibition Authority, and they decide who parks there.
210
January 25, 1996
Vice Mayor Gort: Right.
Commissioner Carollo: Yeah. Only to the Authority. Not for the Authority or anyone else to be
able to then transfer that right.
Mr. Odio: OK.
Commissioner Plummer: Why not the Chairman?
Mr. Odio: OK. That's what I...
Mayor Clark: OK. Mr. Manager.
Mr. Odio: Mr. Mayor, may I read...
Commissioner Carollo: Well, I.,. You know I would be a lot fairer than anybody else.
Mayor Clark: All right.
---------------------------------------- -----------------------------------------------------------------------
85. DISCUSSION CONCERNING RESPONSE TO LETTER FROM JOHN
_.___..... ... BLAISDELL, PRESIDENT, LEISURE MANAGEMENT INTERNATIONAL,
IN CONNECTION WITH THE MIAMI HEAT AND MIAMI ARENA.
�k ----------------------------------------------------------------------------------------------------------------
F
Mayor Clark: Go ahead, Mr. Manager.
Mr. Cesar Odio (City Manager): I want to put on the record a letter we received, through Mr.
Krongold, our attorney, in the matter of the negotiations between the City of Miami and Decoma
Ventures. It reads:
"Dear Mr. Krongold: On January 4, 1996, representatives of Decoma Venture,
acting as the general partner of Decoma Limited, which, in turn, is the general
i partner of Decoma Miami Associates ('DMAL') met with representatives of the
City of Miami. The meeting was called at the City's request. In furtherance of a
resolution adopted by the City Commission on November 10, 1995, requesting
that all conceivable legal methods be utilized to ensure that the Miami Heat
remains in the City of Miami. During our meeting, the City's representatives
explored the possible purchase by the City of all the Decoma interests in the
Miami Arena. In our view, these discussions were useful, and served both to
better define the City's objective and the collection . of interests and rights of
Decoma and others that the City would have to acquire to achieve that objective.
During the course of our January 4th meeting, the City asked us to grant the City
permission to talk directly to the Miami Heat about an extension of the existing
lease, construction of a new Arena, or other alternatives for keeping the Heat in
Miami. In responding to this request, we would remind you that Leisure
f Management International and the Miami Heat are parties to a license agreement
dated March 2, 1988, relating to use of the Miami Arena, and the parties have
commenced discussions with regard to the renewal of such agreement. Further,
the land lease agreement among the City, the Miami Sports and Exhibition
Authority and DMAL and the Miami Arena Contract ('MAC') each dated
October 2nd of 1986, prohibit the City from sponsoring in any manner an Arena
project which would be in competition with the Miami Arena. Also, the MAC
211 January 25, 1996
4
grants DMAL and its agents various exclusive rights, including the right to
negotiate agreements for the use of the Miami Arena, designed to protect the
economic interests of DMAL in the Miami Arena. Although we are mindful of
the City's objectives, any actions by the City and its officials must respect the
contractual rights of LMI, DMAL and Decoma Ventures. LMI, DMAL and
Decoma Ventures believe that any conversations between the City and the Miami
Heat regarding the Miami arena or any alternative to the Miami Heat remaining
as a tenant in the Miami Arena would constitute tortious interference with or
violation of the respective rights under one or more of the license agreements -
the Lease or the MAC, a breach of covenant thereunder, or both. None of LMI,
DMAL or Decoma Ventures are willing to waive their rights under such
agreements or under applicable law. And if the City of Miami or those acting on
its behalf interfere with or violate the rights of LMI, DMAL or Decoma Ventures
under any of such agreement, or on applicable law, or breach any covenant
thereunder, such parties will vigorously pursue all available remedies to enforce
their rights. We are aware that discussions between the City officials and
representatives of the Miami Heat and Metropolitan Dade County have occurred,
and we urge you to formally advise the City and all persons who have conducted
such conversations to cease such conversation."
Mr. Carollo: Can you go over that part again? That they're aware...
-...._Mr_.Odio:— "We are aware that discussions between City officials and representatives of
the Miami Heat and Metropolitan Dade County have occurred, and we urge you to
formally advise the City and all persons who have conducted such conversations to cease
such conversations. Further, we urge you to caution such persons or any persons who, in
the future, may wish to initiate such conversations, whether such a person is acting in the
capacity of a City official, or purporting to act in an individual capacity, of the
restrictions imposed upon the City and its officials by the applicable agreements and
applicable law. In the event of a breach by the City, it's officials, or any other persons of
the applicable restrictions of Covenant, LMI, DMAL and Decoma Venture intend to
vigorously pursue all available remedies to enforce their rights. During our meeting of
January 4th, the City asked Decoma Venture to indicate a price or price range for which
Decoma would be willing to sell its interests and rights. No price was discussed at the
meeting, but the Decoma Venture representatives agreed to consider the request and
respond. Because we have not offered those assets for sale, and are not soliciting an
offer, we believe that if the City wishes to purchase Decoma's interest, it should offer a
price it believes to be appropriate. As we stated at the meeting, we believe that all the
financial data and other information necessary to assist the City formulating a proposal to
purchase Decoma's interest are readily available to the City from the MSEA and other
public sources. If the City makes an offer, we will consider it and advise the City as to
whether it is acceptable." That's it.
is
t
i
Commissioner Carollo: Well.
Mr. Odio: Signed by Mr. John A. Blaisdell, president and COO.
Commissioner Carollo: OK. Well, can...
Mayor Clark: I don't want to discuss it.
Commissioner Carollo: Mr. Mayor, can I make a statement?
Mayor Clark: Yeah. You make your statement.
212
January 25, 1996
Commissioner Carollo: I understand what you're saying, Mr. Mayor, but... Before I make this
statement, if I may ask a question. Because, I mean, I, for one, do not like to be threatened. And
if they're claiming that anyone on this Commission or the City Administration has violated any
so-called provisions that might be binding or not binding, according to the laws of the State of
Florida, then they better prove it. And don't bluff. And you could tell my old friend, John
Blaisdell, that. Let's not bluff. And this is why I'm very concerned with what's going on in the
Sports Authority, because relationships between people are just too cozy, and I don't know
who's representing who anymore. And you all know what I'm talking about. At the same time,
for the record, if there are any actual lawsuits, besides threats, then that would give the respect of
attorneys from both sides subpoena powers to go into all kinds of financial records, and look at
the possibilities of any financial connections between all kinds of people, and more. OK? Let
Mr. Blaisdell know that, also. And I think we should answer this letter. I mean, we cannot let
this letter go unanswered. Furthermore, I'd like to know from the City Attorney and get his
opinion on this, if this so-called provision, if it's binding by the laws of the State of Florida, is
likewise binding on them. I mean, is it binding on them also, that they can't talk to anyone else,
or to build another Arena or not?
Mr. Odio: Yes, sir, I have a question on that, too. Because I was notified there was a meeting in
Broward County yesterday, and Mr. John Blaisdell, our partner in the Miami Arena, was there
representing the Huizenga interests in trying to build a new Arena.
---Commissioner Carollo: Well, this is why I am asking that question, because I've heard that also.
Mr. Odio: I was called from up there.
Commissioner Plummer: Wait a minute. Don't they have a no compete, also?
Mr. Odio: Exactly. But they are... You know... It has to be researched, because then, they start
pulling corporations out of the hat, and everything. So this is for lawyers to really look at this
one.
Mayor Clark: All right.
Commissioner Plummer: Well, Mr. Mayor...
Mayor Clark: Yes, sir.
Commissioner Plummer: I'm sorry. Is everybody else finished? I have...
Commissioner Carollo: For now.
Mr. Odio: I have another pocket item. It's very simple.
Commissioner Plummer: Well, I've got two of yours. You want to do yours?
Mr. Odio: This is good news.
Commissioner Carollo: No. Excuse me. I don't think.. We should be finished with this. I
made a statement that this should be answered. Now, if anyone here has, indeed - which I don't
believe so - spoken to anyone from the Heat or the County, as they say, to build a new Arena,
then I think the Manager should be the appropriate representative of the City to be able to talk to
each Commissioner individually, and then to find out.
213 January 25, 1996
Mr. Odio: I'll say it on the record.
Commissioner Carollo: I don't think that has happened at all. I certainly haven't.
Vice Mayor Gort: I haven't.
Mr. Odio: I will say this on the record. I have.
Commissioner Plummer: Excuse me. What was the question?
Commissioner Carollo: Well, if anyone from this Commission...
Commissioner Plummer: Has met...
Commissioner Carollo: ... or from the City has met to discuss a new Arena with anyone from
the County or the Heat, I think we should have it on the record.
Commissioner Plummer: I have not met with anybody, but just for the record, this Commission
appointed me to sit with the Manager when we sat with the people from...
Mr. Odio: DMAL.
Commissioner Plummer:... from LMI. And we did, on January the 4th, have that meeting. And
unfortunately, I think the Manager and I both are displeased with what we thought was cordial
and nice, entering into look-see, that obviously did not look-see after they went home. For the
record, I have not talked with anybody on the Heat in any way, shape or form, nor have I talked
to anybody in the County, or anybody about a new Arena, other than people who call and say,
we want the heat to stay here.
Mayor Clark: Wait a minute. Wait a minute. I've spoken to Micky Arison back when he first
' bought the Miami Heat, and with the simple reason we were negotiating at that with Mr. Schaffel
of the Heat ownership about the expansion of the Arena, but not about a new Arena. We were
there to try to entice him... I was there personally to let him know that the City was going to do
everything we can to keep the Heat in the Miami Arena. That's the only thing I... Hell, that's
been seven, eight months ago, maybe a year ago.
Mr. Odio: Mr. Mayor, at the request of the County Manager, Armando Vidal, who had never
met with the Heat people, I obtained a meeting with Micky Arison at the Miami Arena. Before,
again, we met so that Armando could get to meet Micky Arison. And when a new Arena was
' mentioned, I told him clearly that the City of Miami could not even talk about that. And there
was no more conversation about that. So that's to the extent that we have met with them.
Commissioner Carollo: Well, this is why I think now that everybody has, you know, put their
` cards on the table here, we should answer that letter, and if there is anything other that they feel
has been done, they should either put up or shut up. At the same time, I have gotten opinions
from extremely prominent attorneys from this community that feel that we can legally speak to
anyone, including the Heat, or the Panthers, or anyone else about a new Arena or the possibility
of a new Arena. Now, what I'm saying is that we're going to have to bring this to a head in
court, possibly, because we could have all the negotiations we want, and play all the games that
people want to play, but the bottom line is, I don't know if this Commission wants to buy any
part of Decoma. I don't know if we even need to do that.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, in response to your earlier question as
to whether the noncompete operates against any other party, it does extend to Decoma... What is
it, DMAL?
214 January 25, 1996
gig:
i
Commissioner Carollo: Yeah, Hewey, Lewey and Dewey.
Mr. Jones: Yeah. So it does... It works both ways.
Commissioner Plummer: Joe, there is a special counsel that's been hired by the City. What's
the gentleman's name?
Mayor Clark: Krongold. Ron Krongold.
Commissioner Plummer: Krongold. And I would strongly suggest that any kind of
correspondence or anything of that nature be funneled through him, because we have all agreed...
Mayor Clark: He's a sharp guy. You know him?
Commissioner Carollo: Sure, he's a good guy.
Commissioner Plummer: ...sitting at the table, that, in fact, that he be the decision -maker, or he
gives us his advice on what we do.
Commissioner Carollo: Well, you know, whether it's Krongold or the City Attorney, that's fine.
Commissioner Plummer: OK. Just wanted you to know.
Commissioner Carollo: Even though I think the City Attorney should give his opinion and
expertise, also, to Mr. Krongold, on this.
----------------------------------------------------------------------------------------------------------------
86., RESCHEDULE BOTH FEBRUARY COMMISSION MEETINGS To TAKE
PLACE ON FEBRUARY 29,1996. (See label 109)
-------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor...
Mayor Clark: What about dates, J.L.?
Commissioner Plummer: That's what I was going to ask right now. The City Manager has
informed me that our February calendar is very light, and I would recommend that all check
calendars - Mr. Gort has just done so, and so have I - that we have one meeting on February the
29th for the entire month, a meeting in the morning for regular agenda, and a meeting in the
afternoon for Planning and Zoning.
Commissioner Carollo: And bypass the 8th meeting?
Commissioner Plummer: Just one... Two meetings, but one in the morning, and one in... Like
we're doing today, Joe.
Commissioner Carollo: Yeah. But you're saying not to have the February the 8th meeting.
Commissioner Plummer: One meeting only.
Commissioner Carollo: February the 29th.
215 January 25, 1996
MON
Commissioner Plummer: Yes, sir.
Commissioner Carollo: I have no problem with that.
' Commissioner Plummer: I'll so move at this time, if no Commissioner's calendar is in
objection.
Mayor Clark: Is there a second?
.Commissioner Carollo: Second.
A. Quinn Jones, III, Esq. (City Attorney): The 29th. They changed the date.
. Commissioner Plummer: Mr. Mayor I have two...
GMayor Clark: No exception...
Commissioner Carollo: No exception.
Mayor Clark: Cast a unanimous ballot.
i.. ....Commissioner Carollo: Unanimous ballot.
i
i
t,
Mr. Jones: OK. Let me... Let me just clarify that, Commissioner. There are two meetings. I
mean, even though you had it combined, they are two separate meetings. I just want to...
Commissioner Plummer: Yes, sir. I said the regular agenda in the morning and Planning and
Zoning in the afternoon.
Commissioner Carollo: Yeah. We will then have one meeting.
Mr. Jones: Two separate meetings.
Commissioner Plummer: It is two meetings, that is correct.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
r
RESOLUTION NO.96-73
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSIONI
MEETING OF FEBRUARY TO COMMENCE AT 9:00 A.M. ON FEBRUARY 29,
1996; FURTHER RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING OF FEBRUARY TO COMMENCE AT 3:00 P.M. ON FEBRUARY 29,
1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
a
f:
f;
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
87. (A) COMMISSIONER CAROLLO REITERATES HIS PRIOR REQUEST
FOR CITY ATTORNEY TO PREPARE LEGISLATION TO ALLOW
FOR A TRANSITION PERIOD FOR NEWLY -ELECTED CITY
COMMISSIONERS.
(B) DIRECT CITY ATTORNEY TO DRAFT ORDINANCE
CONCERNING COMMUNITY BASED ORGANIZATIONS (CBOs),
_...._._.....__..._. _._ WHEREBY IN ORDER FOR CITY TO HONOR FUNDING
REQUESTS: (A) 90 PERCENT OF CBO MEMBERS MUST LIVE
WITHIN CITY LIMITS, AND (B) 75 PERCENT OF PROPOSED 90
PERCENT MUST LIVE WITHIN THE BOUNDARIES OF THE
TARGET AREAS THEY REPRESENT.
Commissioner Carollo: Now, if I may ask the City Manager and the City Attorney the following
request. In my first meeting back in November, I made a request. I know Maxwell was sitting
there. I don't know if you were here, Quinn. I made a request that I wanted the City Attorney's
Office to draft either an ordinance or a Charter change, whichever we might need to do, so that
in the future, there would be a transition period of at least a couple of weeks before a newly
elected official would come in, and one would have to leave. You need at least a minimum of
two weeks transition period.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, I did research that, and I have an
answer for you. The reason I hadn't responded was because I was waiting to meet with you to
discuss a host of other things. I thought it would be appropriate if we waited until that time.
Commissioner Carollo: OK. We will. And when you, you know, have that, if you could send
me whatever you have, so that when we meet to discuss that, we could...
Mr. Jones: I'll prepare... What I'll do is, I'll prepare a memo ahead of time. OK?
Commissioner Carollo: OK.
Commissioner Plummer: Mr. Manager...
Commissioner Carollo: Secondly, I'd like for you to draft an ordinance for the next February
f' meeting that will cover the community -based agencies, whereas in order for us to provide any
funding to any of these agencies, at least 90 percent of all the Board of Directors of these
217 January 25, 1996
agencies and key personnel will have to live within the City of Miami limits, and that at least 75
percent of that 90 percent that has to live in the City, live within the boundaries of the
community, the neighborhood that they so claim to represent. If we're going to have
community -based organizations receiving City monies, then I would like to be sure that the
majority of those members that make the decisions, the Board of Directors, the key positions,
live within that community and in the City of Miami.
Mr. Jones: OK.
Commissioner Plummer: I have no problem with that, Joe. I'll tell you, we tried it before, and
the problem was that we just couldn't get people to be involved. That was the problem.
Commissioner Carollo: Of course, we can, J.L.
Commissioner Plummer: Can I... Can I...
Commissioner Carollo: I find it shocking, what I see on some boards that...
Commissioner Plummer: Oh, I'll show you one... I'm not going to show it to you...
Commissioner Carollo: ... people are all living way down in South Dade and what have you, but
they're going to come into our urban City, depressed neighborhoods, and be the ones making the
....._.decisions with City dollars, and where they're going to spend it, how it's going to be spent. That
is wrong. Otherwise, we should change the name of what they're supposed to be, community -
based organizations.
Commissioner Plummer: Joe, I'll show you one CBO that I'm well aware the Board does not
have a single member that lives in the City. OK?
Commissioner Carollo: Gentlemen, this is your chance to make that right.
Commissioner Plummer: And part of them don't even live in the County.
----------------------------------------------------------------------------------------------------------------
88. MAYOR CLARK ANNOUNCES THAT U.S. DEPARTMENT OF JUSTICE
WILL BE AWARDING A $840,000 GRANT IN CONNECTION WITH
i HIRING 11 POLICE OFFICERS.
Uf
--- .-----------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor...
Mayor Clark: All right. Let me make an announcement, would you, please?
Commissioner Plummer: Yes, sir.
Mayor Clark: The Department of Justice just called my office to inform me that, tomorrow, a
press release will come to announce a grant awarded to the... for universal hiring of eleven more
officers in a grant of eight hundred and twenty-five thousand dollars ($825,000).
E;
Commissioner Carollo: Great.
(APPLAUSE)
218
January 25, 1996
Mayor Clark: Last time, they awarded 32 officers, and now another eleven. So you'll hear that
tomorrow, another eleven.
Commissioner Plummer: You can sure tell Clinton is running again.
Mr. Cesar Odio (City Manager): No, no, no. It's the NET (Neighborhood Enhancement Team)
System is working.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor...
----------------------------------------------------- -
89. (A) FIRST READING ORDINANCE: AMEND CODE CHAPTER 53 --
PROVIDE FOR 'VESSEL REGULATIONS APPLICABLE TO THE
MIAMARINA.
(B) AUTHORIZE MANAGER TO ENTER INTO THIRD AMENDMENT
TO SETTLEMENT AGREEMENT WITH PIER 5 BOATMEN'S
ASSOCIATION, INC. -- CLARIFY BOATMEN'S ASSIGNMENT
t AND SUBSTITUTION RIGHTS -- INCREASE DOCKAGE FEES.
i
-------------------------------------------- --------------------------------------------------------------------
Commissioner Plummer: You want me to handle these things for you?
Mr. Cesar Odio (City Manager): Yeah.
Commissioner Plummer: Because I'm about ready to throw them out the window. Mr. Mayor,
if I may, in behalf of the City Manager - these are not mine. An ordinance relating to marina
regulations, amending Section 53-26, 53-30, 53-72, and adding Section 53-81 of the Code of the
City of Miami, Florida, as amended, by providing vessel regulations applicable to the
Miamarina, containing a repealer provision, severability clause, and providing for an effective
date. I so move. OK?
Commissioner Carollo: What is this again, now, J.L.?
Commissioner Plummer: Joe, this is for changing the Codes as it relates to the marina.
Basically, it's to the Pier 5 Boatmen. I so move, Mr. Mayor. Did anybody second it?
Mayor Clark: Yeah, I second.
Commissioner Carollo: Well, let me read it here.
Commissioner Plummer: OK. Now, I have another one, Joe, that's in the same... the same vein,
and I don't want to mislead you by not having you know the full picture. OK? Pass these down,
if you will, Willy. Let me read the second one into the record. This is the second. That's the
second part of the reso... the authorization. The second resolution is a resolution with the
attachments, authorizing the City Manager to enter into a third amendment to the settlement
y agreement in substantially the attached form with the Pier 5 Boatmen Association, Inc., et al.,
clarifying the Boatmen's assignment and substitution rights, and increasing the dockage fees
t payable to the City. Mr. Manager, would you please explain to...
Mr. Cesar Odio (City Manager): This is in relation to 70-A. That's the settlement with Mr.
{
Dudik, "CELEBRATION."
i
219
January 25,1996
Ms. Christina Abrams: My name is Christina Abrams. I'm the Director of Public Facilities.
And this is related to 70-A, which is a stipulated settlement agreement with Celebration, Inc.,
allowing for the construction of a single pier at Miamarina to be given to the City, at which time,
the City will allow the Celebration to operate a commercial vessel there for a period of up to
three years. If, at the end of three years, the City wishes to expand the marina, the
"CELEBRATION" will leave, and if not, the "CELEBRATION" can roll into a mooring and
dockage agreement on a standard year-to-year basis.
Commissioner Plummer: As everybody else is.
Ms. Abrams: Correct, as everyone else is.
Commissioner Plummer: I move both... or individually or both, Mr. Mayor, whenever my
colleagues are satisfied that they...
Mayor Clark: Better do it... Better do it...
Commissioner Carollo: Well, they would have to be individually, I think, for it to be legal.
Mayor Clark: ... individually.
......._Commissioner Plummer: All right. I move the first one.
Mayor Clark: Second.
Commissioner Carollo: Second.
Mayor Clark: If there's no objection, cast a unanimous ballot.
Mr. Jones: Which one is the ordinance?
Commissioner Plummer: The one that I read first. The one I read second... I'm sorry?
Mr. Joel Maxwell (Deputy City Attorney): You read the first one...
Commissioner Plummer: I read the ordinance.
Mr. Maxwell: Oh, I'm sorry. He read the title... Read it...
Ms. Linda Kearson (Assistant City Attorney): He read it.
Commissioner Plummer: I read the ordinance in English.
Mr. Odio: Can you do it in Spanish?
Commissioner Plummer: No, I'll do it in Chinese.
Mayor Clark: Is this second with an ordinance?
Commissioner Plummer: I read it.
A. Quinn Jones, III, Esq. (City Attorney): He read it.
220 January 25, 1996
Commissioner Plummer: I read it. What are you guys...
Mayor Clark: Call the roll.
Commissioner Plummer: Why are you guys giving me a rough time?
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 53 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR VESSEL REGULATIONS
APPLICABLE TO THE MIAMARINA; MORE PARTICULARLY BY AMENDING
SECTIONS 53-30 AND 53-72 AND ADDING NEW SECTION 53-81 TO SAID
CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Mayor Clark, and was passed
on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: 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.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-74
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
THIRD AMENDMENT TO SETTLEMENT AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE PIER 5 BOATMEN'S
ASSOCIATION, INC., ET AL. ("BOATMEN'S"), CLARIFYING THE BOATMEN'S
ASSIGNMENT AND SUBSTITUTION RIGHTS, AND INCREASING THE
DOCKAGE FEES PAYABLE TO THE CITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
90. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS
OF GUO QIANG SITU.
Commissioner Plummer: Mr. Mayor, I hope that we, as a Commission... I was very, very much
moved this morning, even though it's not in our bailiwick and our jurisdiction, to express the
condolence to the family of that Chinese gentleman that got killed last night or night before last.
I mean, when I saw that family on television this morning, the honest and sincere grief that was
expressed by those people for a man that was obviously a very peaceful, loving man, I would
hope that the Clerk could find the names of the family and send their - our - condolences to that
family. And even though it's not in our jurisdiction, we express our condolences to the family,
and I would hope that would be done.
" Commissioner Carollo: Second the motion.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
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222 January 25, 1996
f
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The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-75
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF GUO QIANG
SITU, UPON HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
91. (Continued) AUTHORIZE CITY ATTORNEY TO ENTER INTO A
STIPULATED SETTLEMENT WITH CELEBRATION EXCURSIONS OF
MIAMI, INC. -- TO RESOLVE PENDING LITIGATION PROCEEDINGS
(CIRCUIT COURT CASE NO.95-02485 CA 13). (See label 58)
Mr. Cesar Odio (City Manager): Excuse me. Commissioners, you forgot to pass 70-A itself, the
item itself. You have to...
Commissioner Plummer: I move it. That... Now, 70-A is the "CELEBRATION," actually
entering into a compromise and withdrawing their litigation.
Commissioner Carollo: Yeah.
Commissioner Plummer: I move 70-A.
Commissioner Carollo: Second. Second on 70-A.
Mayor Clark: Call the roll.
A. Quinn Jones, III, Esq. (City Attorney): Seventeen or 70?
Commissioner Plummer: Thank God, yes.
223
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The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-76
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
ATTORNEY TO ENTER INTO A STIMULATED SETTLEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH CELEBRATION EXCURSIONS
OF MIAMI, INC., TO RESOLVE PENDING LITIGATION PROCEEDINGS,
WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, IN CIRCUIT COURT CASE NO.95-02485 CA 13.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
t` ABSENT: Commissioner Miller J. Dawkins
Commissioner Plummer: I think, Joe, we started this the last time you had a meeting eight years
ago.
r. Jones: Mr. Mayor...
Commissioner Carollo: Well, I'm glad we finished it, then.
"i
Mr. Jones: Mr. Mayor... Mr. Mayor, before...
Commissioner Carollo: Mr. Mayor, if I may bring one other item up, and I think it's fair to do it
in this way before the Commission.
Mayor Clark: Sure.
Commissioner Carollo: The Manager and I have been discussing leases between the City of
Miami and all our tenants. I have a...
Mayor Clark: I said cast a unanimous ballot for those present.
Commissioner Plummer: We did.
Commissioner Carollo: Yes. We did, yes.
Commissioner Plummer: I did 70-A, I did an ordinance and I did the resolution.
�aW
Unidentified Speaker: Thank you very much.
Mayor Clark: If you want another roll call, call the roll.
- 92. DISCUSSION CONCERNING OLD LEASES BETWEEN THE CITY AND ITS - -
TENANTS, AS WELL AS ANY CONTRACTUAL AGREEMENTS
INVOLVING CORPORATIONS AS LESSEES -- INSTRUCT MANAGER TO
REVIEW LEASES, CONTRACTUAL AGREEMENTS AND LOANS TO
ENSURE TIMELY PAYMENTS ARE MADE.
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: The Manager and I have been discussing for some time now old City
leases between the City and its tenants. I have a memo for him that I've had sitting there for two
days. And I thought it would be best to bring it up in the way that I'm going to now, so that
everybody knows what's going on. I've requested of the Manager - and I think you all would be
in agreement of doing this - to go over every lease that the City of Miami has with any tenants,
to make absolutely sure that we're being paid the rents due to us, that if anyone is late, as I hear
that there are people late, that we immediately collect rents with whatever clauses we have in the
contract -for penalties. That the City departments responsible for making sure that we get those
payments make absolutely sure that we're not going to have constant late payments. And last,
but not least, to go over all City contracts with lessees, to make sure that there are no major
violations between - or even minor ones, but major is what we would have the main concern
with - between any of the corporations that have any leases with the City of Miami. I want to
make sure that the City of Miami is not losing potential rents or monies because there are
violations of leases.
Commissioner Plummer: Joe, I would hope that you would increase that, and I couldn't concur
more, to any outstanding loans. OK? Leases, as well as outstanding loans. Prior... Just prior to
you coming on this Commission, I passed a resolution here that gave direction to the City
Administration that any future leases... that any future leases would, in fact, be required to have
up -front payment of no less than three months, so that if they went in default and did not make
their payments, we could take advantage of that three-month security deposit, and start
instigating at the time that they went into default, foreclosure or whatever else was necessary.
And I couldn't agree with you more - OK? - that, in fact, that the City needs to be guaranteed...
It's like these parades, it's like these events, we want our money up front. We should not be in a
position to where we have to chase these people to get paid. The Police Department doesn't get
paid, the Sanitation Department doesn't. No more. As far as I'm concerned... And I passed a
resolution instructing the Administration. Hey, guys, get your money before the event.
Commissioner Carollo: All right. I concur with you, Commissioner, and if there are any special
circumstances, then we should handle them individually before this Commission. But, Mr.
Manager, can we get something on that as soon as possible, sir, please? And if there is anything
then that we need to bring up before this Commission, we'll bring it up at the next meeting.
Thank you, sir.
225 January 25,1996
----------------------------------------------------------------------------------------------------------------
93. CITY ATTORNEY UPDATES COMMISSION ON THE POTTINGER CASE
(HOMELESS APPEAL).
----------------------------------------------------------------------------------------------------------------
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Jones: Could I just briefly give you an update on... It won't take but a minute.
Mayor Clark: All right. You're on time, right now.
Mr. Jones: OK. We had, as I notified you, a hearing on the Homeless Appeal, the Pottinger
case, before the Eleventh Circuit Appellate Panel yesterday, and I just wanted to report to you
that the - at least I think - the oral argument went very well. At least two of the three Judges
were very much focused on the case, and I will keep you apprised accordingly. So I...
Commissioner Carollo: But did we win yet, Quinn?
Mr. Jones: I'm sorry?
Commissioner Carollo: Did we win yet?
Mr. Jones: Well, it's not a matter of winning, because they haven't addressed the liability issue,
which is up on appeal. This was just to address the appeal we took from their remanding the
case back and forth, and taking additional testimony.
Commissioner Carollo: Right.
Mr. Jones: So they were very much interested in applauding the City and the Trust on the °
Homeless Assistance Center, and even such that I think they will probably modify the
Frequirement regarding safe zones.
Mr. Odio: If I may, Quinn.
Commissioner Carollo: But we haven't won yet.
Mr. Odio: Judge Anderson, one of the three Judges, asked a question, and I guess we - Quinn
and I both agree that it would be an acceptable solution. I think you need to confer on this later -
is that if he creates a new - what do they call that? He would say... We would say, you have an
alternative to being homeless. You, homeless person, we are going to take you to the Homeless
i Center. And if he refuses, then we can arrest. The Judge asked if that would be acceptable to
j the City, and I think we...
Mr. Jones: We agreed that it would.
Mr. Odio: ... we agreed that it would.
Commissioner Carollo: That's true. But you know, something else that might help us - I don't
know if it's too late or not - is that we - when I say "we," the Commission that was here before,
226 January 25,1996
l ;
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the City of Miami - put a stipulation on the new Homeless Center that allows people to stay for
only... no more than 60 days there.
Mr. Odio. Yes, sir. Yes.
Commissioner Carollo: And if we would look to that in the future - and I know that we have to
have the public hearings and everything - I think that would put us in a much better position.
And not only that, it's truly something that would be fair to do. Because I've been through that
center. I've walked through it with Commissioner Penelas, Teele, and Alvah Chapman. And let
me tell you something. If there is a Homeless Center that is a prototype to be used all over the
country, it's that one. They have done an outstanding job there. To my surprise, I found that
you had at least a third of the people that were there, or maybe more, that were children, little
children, a majority families. I was extremely impressed. And I tell you, it was touching. So I
think we need to do that, not only for this case, but because it's the right thing to do for the
future.
Mayor Clark: All right. We're going to about a ten minute recess and then we'll start the
Zoning.
Commissioner Plummer: Thank God.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 4:33 P.M. AND RECONVENED AT 4:51 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER DAWKINS AND MAYOR
CLARK, FOUND TO BE PRESENT.
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227
MINUTES OF PLANNING AND ZONING MEETING OF
THE CITY COMMISSION OF MIAMI, FLORIDA
On the 25th day of January, 1996, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular
i session.
{
i
The meeting was called to order at 4:51 p.m. by Vice Mayor Wifredo Gort with the
following members of the Commission found to be present:
Vice Mayor Wifredo Gort
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
4 —ABSENT:
Mayor Stephen P. Clark
Commissioner Miller J. Dawkins
ALSO PRESENT:
Christina Cuervo, Assistant City Manager
Joel Maxwell, Assistant City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Plummer: Commissioner Gort - excuse me - Vice Mayor Gort, it has been the
long-standing policy of this Commission that if one member is absent that an applicant could ask
for a deferral for one meeting, hoping to have a full Board at the previous meeting - the next
meeting. So I think while we're waiting for others, anyone who wishes to express or request that
long-standing policy may want to do so at this time, and we might be able to cut through some of
this and try to get finished, just for the record, sir.
{
Vice Mayor Gort: We had to do the same thing at the Zoning Board.
Commissioner Plummer: Is there anyone that's going to want a deferral? Well, come forward.
I don't know. Can we even approve on a deferral without a...
f Vice Mayor Gort: We can't. We need three individuals.
r_
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Commissioner Plummer: OK.
Vice Mayor Gort: Commissioner Carollo is here.
' Commissioner Plummer: Yeah, here comes Carollo.
228 January 25, 1996
Vice Mayor Gort: Commissioner Carollo, Commissioner Plummer just stated that it's normal on
this Commission that if one Commissioner is missing, anyone who wishes to ask for a deferral,
they can do so.
Commissioner Carollo: OK. Well, there's only the three of us then?
Vice Mayor Gort: So far, there's only three of us.
Commissioner Plummer: There will be four, I think.
Vice Mayor Gort: There will be four, hopefully. Miller...
Commissioner Carollo: OK. Who went home? Dawkins or...
Commissioner Plummer: The Mayor.
Commissioner Carollo: Oh, the Mayor.
Vice Mayor Gort: No, I think the Mayor went home. He was not going to be able to come back.
He asked me to Chair the meeting.
Commissioner Carollo: OK. All right. That's fine. If, you know, anybody wants to wait for
more members of the Commission or for another meeting, that's, you know, your prerogative.
There's only three here, so that makes it tough. If you don't get all three votes...
------------ ----------------------------------------------------------------------------------------------------
94. (A) CONTINUE PROPOSED RESOLUTION IN CONNECTION WITH
AN APPEAL CONCERNING CONSTRUCTION / INSTALLATION
OF A CELLULAR COMMUNICATIONS FACILITY AT 8425
BISCAYNE BOULEVARD. [Applicant: T.N.A. Palms, Inc. (owners) /
BellSouth Mobility, Inc. (lessee). Appellant: BellSouth Mobility, Inc.]
(B) CONTINUE PROPOSED RESOLUTION CONCERNING SPECIAL
EXCEPTION TO ALLOW A FINANCIAL DRIVE -THROUGH
FACILITY AT 2200 SOUTH DIXIE HIGHWAY. [Applicant: Tri-W
Investment Co. of Dade County (owner) / J.P. O'Neill for Bank Atlantic,
FSB (buyer).]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Is there anyone asking for a deferral?
Mr. Steve Helfman: Good afternoon. My name is Steve Helf nan, 2665 South Bayshore Drive,
requesting a deferral on item 1 and item 6 of the PZ agenda to your February meeting. This is
not due to the short Board. I intended to request these, in any event.
Commissioner Plummer: Is there anyone here on item 1 or 6?
Vice Mayor Gort: Excuse me, J.L. Would you let me conduct the meeting, please?
Commissioner Plummer: I'm just asking.
Vice Mayor Gort: Thank you. Anyone here on item 1 or 6? Can you address the deferral?
229
January 25, 1996
Commissioner Carollo: In item 1 through 6 you're saying, right?
Vice Mayor Gort: No, 1 and 6.
Commissioner Plummer: One and 6.
Mr. Helfman: Yes. The February 29th meeting.
Mr. Patrick Prudhomme: Patrick Prudhomme, 8276 East Dixie Highway. And we're in
agreement with that, because we'd like to talk to the...
Commissioner Plummer: I move that item 1 and 6 be deferred...
Vice Mayor Gort: Is there a second?
Commissioner Plummer:... till the 29th.
Commissioner Carollo: OK.
Vice Mayor Gort: All in favor signify by saying "aye."
`!i�6ffifi sfoner Carollo: Aye.
. Commissioner Plummer: Aye.
Vice Mayor Gort: Thank you.
NOTE FOR THE RECORD: At this point, Agenda items PZ-1 and
-6 were continue tot the Commission Meting of February 1996.
Vice Mayor Gort: Item 2.
NOTE FOR THE RECORD: At this point, Agenda item PZ-13 was
withdrawn.
Vice Mayor Gort: Is there any other item that the Administration or anyone else.would like to...
► , Ms. Cuervo: No.
r�J
---------------------------------------------- -------- w---------------------------------------------------------
95. , DENY APPEAL OF CLAUDETTE NELSON -- AFFIRM HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN AFTER -
THE -FACT CERTIFICATE OF APPROPRIATENESS FOR CONSTRUCTION
OF A CARPORT IN FRONT YARD AT 91-93 N.E. 42 STREET (WITHIN THE
BUENA VISTA EAST HISTORIC DISTRICT).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: OK. Would you call item 2, please?
Ms. Lourdes Slazyk: OK. For the record, my name is Lourdes Slazyk, Department of
Community Planning and Revitalization. PZ-2 is an appeal regarding a carport within an
historic district. The Department received a letter from the applicant yesterday, in which she
informed us that the carport had been removed since October. Her letter also basically stated
that she would not be present today to pursue the appeal, and she would like the Administration
to refund her four hundred dollar ($400) appeal fee. The Manager's office has agreed to do so,
since the violation had been corrected, and she did not want to pursue this. In order to properly
close this case, though, since her letter did not officially withdraw her appeal, we would ask that
the City Commission proceed with a denial of the appeal.
.....Commissioner Plummer: So move.
Vice Mayor Gort: It has been moved, a motion for denial. My understanding is they requested
the return of the fee, and you are in agreement with that.
Ms. Slazyk: Yes. We have already initiated that.
Vice Mayor Gort: OK. Second. Anybody to speak on item number 2? All in favor, state by
saying aye.
Commissioner Plummer: Aye.
231 January 25,1996
6
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-77
A RESOLUTION DENYING THE APPEAL OF CLAUDETTE NELSON AND
AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD, WHICH DENIED AN AFTER -THE -FACT
CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A
CARPORT IN THE FRONT YARD OF THE PROPERTY LOCATED AT 91-93
NORTHEAST 42ND STREET, WITHIN THE BUENA VISTA EAST HISTORIC
DISTRICT, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT:
Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
----------------------------------------------------------------------------
96. APPROVE MAJOR USE SPECIAL PERMIT, WITH CONDITIONS, FOR THE
YACHT CLUB AT BRICKELL PROJECT (1111 S. BAYSHORE DRIVE).
(Applicant: New York Life Insurance Co. (owner) / The Related Group of Florida
(buyer).]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 3.
Ms. Lourdes Slazyk: PZ-3 is a major use special permit for 1111 South Bayshore Drive. The
Department is recommending approval with conditions. It went before the Planning Advisory
Board, and was recommended for the same. There are three clarifications I have to read into the
record.
Vice Mayor Gort: Three.
Ms. Slazyk: I just need to read three quick things to make sure it's clear. First of all, the City
Commission approval does not approve any waivers of the Waterfront Charter provisions. Any
modifications and plans which may require such a waiver will have to come back to this
Commission for a separate... as a separate petition. Two, all references to on -site commercial
uses shall specifically reference those uses as ancillary to the principal residential use only. And
number 3, all references which require the ownership, operation and maintenance of common
areas and facilities to be by a mandatory property owners' association, in perpetuity, shall be
modified to state that this will only be required in the event that the property is converted to
232
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January 25, 1996
condominium ownership. It's proposed as a rental right now. We just want to make sure that if
it ever goes condo, that the maintenance is taken care of.
Vice Mayor Gort: OK.
Commissioner Plummer: I have two questions. First question... Mr. Helfman, are you the
representative?
Mr. Stephen Helfman: I am, Mr. Plummer.
Commissioner Plummer: All right.
Vice Mayor Gort: Before we proceed, can we ask... Is anyone else going to testify on this item?
Is there anyone else on item number 3?
Commissioner Plummer: Will you swear in the attorney, please?
Commissioner Carollo: I move 3 for the purpose of discussion.
Mr. Joel Maxwell (Deputy City Attorney): He's got to be sworn.
Commissioner Plummer: All right. I second it for that purpose.
Commissioner Carollo: Swear him in.
Commissioner Plummer: Swear in the attorney.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Plummer: Mr. Helfman, do you understand, in behalf of your clients, that any
commercial uses in that building are strictly for the uses of the occupants?
Mr. Helfman: Absolutely.
Commissioner Plummer: There should be no lounges or discos open to the general public.
Mr. Helfman: That was an error in the... It was not our request. We do not want that.
Commissioner Plummer: OK. Now, how many units are you actually talking about?
Ms. Slazyk: Three hundred and fifty-six.
Vice Mayor Gort: Phase 2.
Mr. Helfman: I believe it's 356.
Vice Mayor Gort: Three fifty-six.
Commissioner Plummer: Three fifty-six units.
Commissioner Carollo: Yeah, 356 is what it is.
I
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233 January 25, 1996
233 January 25, 1996
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Commissioner Plummer: How many?
Commissioner Carollo: Three hundred and fifty-six.
Commissioner Plummer: Units.
Mr. Helfman: Yes.
Commissioner Carollo: Six hundred and... Seven thousand six hundred and eighty-two square
feet.
Commissioner Plummer: My second question...
Commissioner Carollo: Adjusted square feet.
Commissioner Plummer: OK. My second question. How many automobile spaces?
Commissioner Carollo: Five hundred and forty-four.
Mr. Helfman: Thank you, Commissioner.
Commissioner Plummer: OK. Now, here's my problem that's existed with these areas of the
. __._Bayshore...That it be required that each unit must include a parking space. OK? That equivalent
of what is required under the Code. Let me give you the reverse of what has been happening in
some instances. When you buy a condominium, they sell the parking spaces separately.
Commissioner Carollo: That's a very good point, J.L.
Commissioner Plummer: And you may or may not buy a parking space. I can show you a unit
down on... right off of Brickell on one of the roads in which the parking lot is empty, and the
streets are jammed with cars, because the people bought the units, but did not buy a parking
space. I can show you where they've bought parking spaces to put boats in, and are actually
selling the parking spaces to people who don't live in the building. So what I'm saying is that, in
fact, of the parking spaces, there must be a tie from a unit to whatever that requirement is that
brought about the number of parking spaces must be attached and must be sold as a unit.
Mr. Helfman: We have no problem with that condition.
Mr. Maxwell: May I...
Ms. Slazyk: This is a rental.
Mr. Maxwell: May I?
Vice Mayor Gort: Mr. Maxwell.
Ms. Slazyk: It's a rental, it's a rental. It's a rental apartment building, just for clarification.
Mr. Helfman: He's saying in the event of condominiums.
Commissioner Plummer: But still in all, even... Even of rentals, there's got to be attached "X"
i number of spaces, as required for a one -bedroom, a two -bedroom, a three -bedroom. My only
1 , other question, sir, which has created a problem in the Brickell area, in particular, how many '
f guest spaces are being provided? People have visitors that come to visit. r
i
fs. Slazyk: It's one per ten units.
ommissioner Carollo: Well, based upon the requirements, we're asking one per unit. It's 356
iits, 544 parking spaces. There are slightly under 200 extra parking spaces. So...
ommissioner Plummer: But Joe...
[r. Helfman: It's 186.
ommissioner Carollo: Out of that, how much...
ommissioner Plummer: How many are absolutely designated for visitors or guests?
[r. Helfman: Well, there are...
'ice Mayor Gort: A hundred eighty-six.
'ommissioner Plummer: Naw... Are they marked that way?
Ir. Helfman: There are 186 excess spaces beyond the requirement.
:ommissioner Plummer: That's not... That's not my point.
:ommissioner Carollo: Excess. But that's not answering his question, though.
Ammissioner Plummer: That's not answering my point. Are you designating, of those 186,
iat ten percent, 20 percent will be absolutely designated for visitors or parking - or guests?
'fiat's my point.
Ir. Helfinan: Because it's...
Is. Slazyk: It's one for every ten.
Mr. Helfman: I don't believe it was required as part of the submittal. But what is the...
Ms. Slazyk: One for ten.
Mr. Helf nan: One for every ten will be designated for guests.
Commissioner Plummer: So then...
I; Vice Mayor Gort: Thirty-five.
1 Commissioner Plummer: No, 54.
Ms. Slazyk: No, for number of apartment units.
Mr. Helfman: No. One for every ten... If 186 are excess...
Commissioner Carollo: Thirty-five and a half.
Commissioner Plummer: One for every unit or parking space?
235 January 25, 1996
s! Ms. Slazyk: Unit. One for every unit.
Commissioner Plummer: One every ten units.
Ms. Slazyk: One every ten units.
Commissioner Plummer: So there's 35 of those parking spaces...
Commissioner Carollo: Thirty-five and a half.
Commissioner Plummer:... have to be solely dedicated to visitors' parking.
Commissioner Carollo: You didn't do well in math, did you?
Mr. Helfinan: And if that's your Code requirement, we're going to comply with it. That's the
first condition of our approval.
Commissioner Plummer: OK. That's fine.
Vice Mayor Gort: Joe, you have any questions?
Commissioner Carollo: No, I'm fine with what I have here. We did our homework on this, and
I. make .the motion.
j Commissioner Plummer: I second it.
I Vice Mayor Gort: OIL. It's been moved and seconded. Is there any further discussion? Being
none, all in favor, state by saying "aye."
Commissioner Plummer: Aye.
Commissioner Carollo: Aye.
Mr. Joel Maxwell (Deputy City Attorney): I'm sorry, Mr. Mayor - Mr. Vice Mayor. You did
need a roll call on that.
Vice Mayor Gort: OK. We'll have a roll call.
236 January 25, 1996
011
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-78
A RESOLUTION, WITH ATTACHMENTS, APPROVING A MAJOR USE SPECIAL
PERMIT, WITH CONDITIONS, FOR THE YACHT CLUB AT BRICKELL PROJECT
TO BE LOCATED AT APPROXIMATELY 1111 SOUTH BAYSHORE DRIVE,
MIAMI, FLORIDA, COMPRISED OF NOT MORE THAN THREE HUNDRED AND
FIFTY-SIX (356) RESIDENTIAL UNITS, FIVE HUNDRED AND FORTY-FOUR
(544) PARKING SPACES, AND ACCESSORY OFFICE, COMMERCIAL AND
RECREATIONAL SPACE; APPROVING SAID MAJOR USE SPECIAL PERMIT
SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT ORDER AND THE
APPLICATION FOR DEVELOPMENT APPROVAL; MAKING FINDINGS OF FACT
AND DRAWING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
_ _..by.the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins.
Mayor Stephen P. Clark
Mr. Helfman: Thank you very much.
Vice Mayor Gort: Thank you.
-- ------------------------------------------------------------------
97. DISCUSS AND 'TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO APPROVE A MAJOR USE SPECIAL PERMIT FOR THE
MASTER PLAN OF THE WOODLAWN PARK CEMETERY PROJECT (3260
S.W. 8 STREET). (See label 99)
---------------
Vice Mayor Gort: We call item 4.
Commissioner Plummer: For the record, Mr. City Attorney, I don't believe that in any way,
shape or form, I have any conflict of interest, even though the cemetery today is now a
competitor. I do not share, unfortunately, financially, in any way, shape or form, and I think
h ! they've always stated, for the record, and would be willing to do so this time, that they are not in
any way here to gain for a funeral home, which would put it in direct competition, and I ask, for
the record, do I abstain from voting or not?
237 January 25, 1996
Mr. Joel Maxwell (Deputy City Attorney): You don't have a conflict of interest, sir.
Commissioner Plummer: Thank you, sir.
Mr. Maxwell: You don't have...
Commissioner Carollo: Even if they've offered to provide free burial service to him?
Commissioner Plummer: I do my own, Joe.
Mr. Maxwell: Commissioner Plummer...
Commissioner Plummer: You know, for the record, I must tell you a short story. Joe, do your
remember... Were you here when there was a man around here by the name of Dudley Heinz?
Commissioner Carollo: Dudley Heinz? I believe I was.
Commissioner Plummer: He used to be the Planning Director.
Commissioner Carollo: Yeah.
Ms. Slazyk: Commissioners...
Commissioner Plummer: You remember Dudley Heinz?
Ms. Slazyk: Commissioners, excuse me. I'm sorry. We have someone that wants to defer item
PZ-5.
Commissioner Plummer: Well, he can wait a minute.
Commissioner Carollo: And Harry Sharp, the owner here, was my first Finance Chairman in my
first campaign, when I was 22. So it's been a long time ago.
Commissioner Plummer: Yeah, well, the story I wanted to tell you was, is that there used to be a
piece of property where Ocean Bank is now. And everybody tried to rezone that property. For
years, it was vacant. And Dudley used to always come before this Commission and the Zoning
Board and said, "You know, if I had my way about that piece of property, I would make it a
cemetery, because the density would be low." Now, if you come back here and you look at
what's in this thing here, that ain't low density.
----------------------------------------------------------------------------
98. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED
RESOLUTION TO CLOSE PORTIONS OF N.W. 3 COURT, N.W. 4 AVENUE,
N.W. 22 LANE, N.W. 22 TERRACE AND N.W. 22 STREET ALLEY WAY.
[Applicant: Wynwood Community Economic Development / Dade Foreign
Trade Zone.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: OK. Excuse me. I understand you'd like to request to...
Mr. Paul Lester: Yes. My name is Paul Lester. I represent Wynwood and also the Dade
Foreign Trade Zone, which is item S. And we would ask for a deferral at this time.
1,
Y
238
January 25, 1996
d,1
Vice Mayor Gort: OIL. Is there anyone here to speak on item number 5?
Commissioner Plummer: No, I don't wish to speak on it, but I would ask, in fact, the
Department, as always the case, to come back at the next meeting, to give me the exact square
footage, how much would be required, and comparable prices in the... You have it already? Just
keep it till the next meeting.
Commissioner Carollo: We're talking on 5, right?
Commissioner Plummer: Yes.
Vice Mayor Gort: Yeah. It's been deferred. It's Wynwood.
Mr. Lester: And we would appear at the next regularly scheduled Zoning meeting.
Commissioner Plummer: Yes, sir. That would be on February the 29th.
Mr. Lester: Thank you very much.
Commissioner Plummer: After two o'clock in the afternoon.
.. Mr. Lester: Thank you, Commissioners.
Vice Mayor Gort: Is there a motion?
Commissioner Carollo: Move.
Commissioner Plummer: Second.
Vice Mayor Gort: Moved and seconded. Any further discussion? Hearing none, all in favor,
state by saying "aye."
Commissioner Plummer: Back to the cemetery.
Mr. Lester: Thank you, Commissioners.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER CAROLLO AND SECONDED BY
COMMISSIONER PLUMMER, ITEM PZ-5 WAS CONTINUED
TO THE COMMISSION MEETING OF FEBRUARY 29, 1996
BY THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
239
January 25, 1996
----------------------------------------------------------------------------------------------------------------
99. (Continued) APPROVE MAJOR USE SPECIAL PERMIT, WITH
CONDITIONS, FOR MASTER PLAN OF WOODLAWN PARK CEMETERY
I PROJECT (3260 S.W. 8 STREET). (See label 97
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 4, cemetery.
Commissioner Carollo: Look, for the sake of time, unless, you know, my colleagues have
questions, I don't need to go through all this, or unless there's people from the audience that are
opposed to it. They meet... They conform to the district, the increase in capacity is without
adverse effect to the neighborhood, and...
Commissioner Plummer: Is there anyone in opposition, Joe?
Commissioner Carollo: I don't think so.
Commissioner Plummer: All I asked Marty to do was to... Can I see that chart, Marty? I'd like
to..
Vice Mayor Gort: Excuse me. J.L., let me find out. This is on Woodlawn Cemetery. Is there
anyone here in opposition to item number 4? OK, thank you.
Commissioner Plummer: All I asked to see is where they're locating. Someone's got to draw it
for me.
Commissioner Carollo: The Plummer Memorial is on the left over there.
Commissioner Plummer: Where is the present mausoleum?
Mr. Martin Fine: The present mausoleum is where you see the shaded area.
Commissioner Plummer: Here?
Vice Mayor Gort: Why don't you speak into the mike.
Commissioner Plummer: So it's behind it.
Vice Mayor Gort: Excuse me. J.L.
Commissioner Plummer: Yes, sir.
Vice Mayor Gort: Why don't you introduce yourself and...
Commissioner Plummer: My name is J.L. Plummer...
j Vice Mayor Gort: Not you, the other one. We know you by now.
Commissioner Carollo: I so move, if someone wants to second it, for the sake of any further
i discussion if we need it.
240 January 25, 1996
0
M]
Vice Mayor Gort: It's been moved and seconded. Under discussion. There's a question...
Commissioner Plummer: Whoa, whoa, whoa. Oh, OK. Don't rush.
Mr. Fine: He was just trying to get the answer to your question, if you'd ask him a question.
Commissioner Plummer: No, no, no. I just asked Marty the other... The question of staff the
other day, who couldn't explain it to me, where this was being proposed. But I see where it is
now. OK?
Mr. Fine: OK.
Vice Mayor Gort: The existing one.
Commissioner Plummer: Well, it's behind the existing one.
Vice Mayor Gort: Yeah.
,Mr. Fine: Yes.
Commissioner Carollo: I'd be careful how you answer him. This man is an expert in this.
.._._..Mr. Fine: Yes, yes.
��oinmissioner Plummer: Not at all.
Mr. Fine: For the record, my name is Martin Fine, and I'm here with...
Commissioner Plummer: And for the record, you've got to be sworn in, and anybody else that
testifies.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Plummer: And if that many testify, you lose. You talk and get it over with.
Mr. Fine: For the record, my name is Martin Fine. I'm here with my partner, Larry Thompson,
of Holland and Knight, and we are pleased to be representing this applicant, and we have a
proffer to make. If there are any questions, we'd ask that... But we have a voluntary proffer
we'd like to make in connection with this. But if there's any discussion, we'd be happy to
answer anything you have.
Vice Mayor Gort: Put it on the record. Thank you, sir.
Commissioner Plummer: Marty, just for the record... I'm sorry. Is there... Anybody else...
Vice Mayor Gort: Is there anyone else who wishes to testify on item 4?
Commissioner Plummer: I think that it should be on the record that this is not an all one-year
program, that this is, in fact, a five-year program.
January 25, 1996
3
Mr. Fine: Twenty years.
Commissioner Plummer: Well, 20 years. But I don't there's... it's got to be stretched out that
far, does it? I think it's need, as needed.
Mr. Fine: It's need oriented, but they anticipate that it would be 20 years.
Commissioner Plummer: Yeah. But I think that if something... Let me tell you this. And I
shouldn't talk so nicely about my competitors, but I'm going to tell you something. Woodlawn
Cemetery has always done a magnificent and a first class job.
Mr. Fine: Thank you.
Commissioner Plummer: So much so, that's where my mother and dad are. And I want to tell
j ( you something. You don't have to worry about them embarrassing this Commission at any time.
`j They do it first class. They continue their maintenance. They keep it up, and I'll tell you that
i they're a very fine competitor. They're a fine outfit. Period. Amen.
Vice Mayor Gort: Thank you, J.L. We'll now close the public hearing.
Mr. Fine: Mr. Mayor, may I just mention this? Because Woodlawn has a commitment to the
community, cares about the community, et cetera, we'd like to submit to the Clerk a proffer, the
payment of a hundred thousand dollars ($100,000) to be used for general community purposes
and improvement, payable at twenty-five thousand on March 1st of this year, and three
successive years, for a total of a hundred thousand dollars.
Commissioner Plummer: Absolutely, thank you.
Vice Mayor Gort: Very good.
Ms. Christina Cuervo (Assistant City Manager): Thank you very much.
Vice Mayor Gort: We now close the public hearing. Is there any additional comments or
discussions?
Commissioner Plummer: Yeah. I'm informed...
Commissioner Carollo: There's been a motion and a second made already.
Commissioner Plummer: I'm informed by the City Attorney that it should go in the...
Mr. Joel Maxwell (Deputy City Attorney): Proffered Development Trust.
l' Commissioner Plummer: OK. Yeah.
Mr. Fine: That's what I meant to say and forgot to say it.
Vice Mayor Gort: OK.
Mr. Fine: Yes, I agree with it.
Commissioner Plummer: And I will tell you that we will so notify you when that money is to be
expended what it's for, and when we dedicate it, if you wish to be there, you may.
242 January 25, 1996
N
{
Mr. Fine: Thank you.
Vice Mayor Gort: Any further discussion? Being none, all in favor, state by saying "aye."
Commissioner Plummer: Did I second the motion?
Vice Mayor Gort: Yes, you did.
Commissioner Plummer: I did. So I...
Vice Mayor Gort: Roll call. I'm sorry, we need the roll call on this.
Commissioner Plummer: Aye, aye. It's a resolution.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-79
A RESOLUTION, WITH ATTACHMENTS, APPROVING A MAJOR USE SPECIAL
PERMIT, WITH CONDITIONS, FOR THE MASTER PLAN OF THE WOODLAWN
PARK CEMETERY PROJECT, 3260 SOUTHWEST 8TH STREET, TO BE
COMPRISED OF NOT MORE THAN TWENTY THOUSAND AND SIXTY-FOUR
(20,064) CRYPTS; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW;
PROVIDING FOR BINDING AFFECT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS:
ABSENT:
Mr. Fine: Thank you very much.
Vice Mayor Gort: Thank you. Item 6.
Commissioner Plummer: No. Seven.
None.
Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
Commissioner Carollo: Hold on. What item are we going to? We deferred some there.
Vice Mayor Gort: Seven now.
Commissioner Plummer: No, I think all the rest of them are all City items, aren't they?
Ms. Lourdes Slazyk: PZ-7 is a second reading.
243
January 25, 1996
s
Commissioner Plummer: Marty Fine, you do a hell of a job.
Mr. Fine: Thank you very much.
Vice Mayor Gort: Great presentation.
Commissioner Plummer: Mr. Gort, can I make a suggestion, sir? All of the remaining items are
City items, and they're all first reading. Can we breeze through these things? Is there any
reason why we can't?
Vice Mayor Gort: I don't have any problem with this. If anyone would like to testify, let's go
through it.
Commissioner Plummer: OK. Well, I'm ready...
----------------------------------------------------------------------------------------------------------------
100. SECOND READING ORDINANCE: AMEND 11000 (ZONING
ORDINANCE), "NONCOMFORMING STRUCTURES" -- LIMIT
PERCENTAGE OF ALTERATIONS / MODIFICATIONS / EXTENSIONS OF
EXISTING NONCOMFORMING STRUCTURES -- PROHIEIT
L __--ENLARGEMENTS / EXTENSIONS OF NONCONFORMING ACCESSORY
STRUCTURES -- REQUIRE A SPECIAL EXCEPTION PERMIT FOR
- ENLARGEMENTS / EXTENSIONS OF NONCONFORMING PRINCIPAL
STRUCTURES. [Applicant: Community Planning & Revitalization
Department.)
----------------------------------------------------------------------------------------------------------------
Ms: Lourdes Slazyk: Yeah, PZ...
Commissioner Carollo: On item 7 that we're on here now...
Commissioner Plummer: Oh, 7 and 8 are second reading. I'm sorry.
Commissioner Carollo: Second reading. This... If we would have had this in effect back when
they were building Plummer's favorite restaurant, Victor's Cafe, they would have had to apply to
the 50 percent rule here.
Ms. Slazyk: That's right. It wouldn't... This would have stopped that, and a couple other
things.
Commissioner Plummer: What the hell does he mean, my favorite restaurant?
Commissioner Carollo: Well, you're the one that kept talking about, you know...
Commissioner Plummer: You're the only one that can afford to eat there.
Commissioner Carollo: .. what happened there. I'm not... No, no, I'm not trying to say that
you eat there, no, nor in Cafe Chi Chi.
Commissioner Plummer: I can't afford it.
M
January 25, 1996
1
.aa�
Vice Mayor Gort: Do I have a motion...
Commissioner Plummer: I make a motion to approve.
Vice Mayor Gort: Is there a second?
Commissioner Carollo: Second. Thank you. Do I need a roll call on that?
Mr. Joel Maxwell (Deputy City Attorney): Yes, sir.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 11, SECTION 1106, "NONCONFORMING STRUCTURES," TO LIMIT
THE PERCENTAGE OF ALTERATIONS, MODIFICATIONS OR EXTENSIONS OF
EXISTING NONCONFORMING STRUCTURES, TO PROHIBIT ENLARGEMENTS
AND EXTENSIONS OF NONCONFORMING ACCESSORY STRUCTURES, AND
TO REQUIRE A SPECIAL EXCEPTION PERMIT FOR ENLARGEMENTS AND
EXTENSIONS OF NONCONFORMING PRINCIPAL STRUCTURES; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of December 7, 1995, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Carollo, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES:
NAYS:
ABSENT:
Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11336.
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.
245
January 25, 1996
----------------------------------------------------------------------------------------------------------------
101. SECOND READING ORDINANCE: ESTABLISH APPROPRIATIONS FOR
CITY OF MIAMI CAPITAL IMPROVEMENTS -- CONTINUE / REVISE
PREVIOUSLY APPROVED CAPITAL IMPROVEMENT PROJECTS --
ESTABLISH NEW PROJECTS TO BEGIN DURING FY 1995-96. [Applicant:
Office of Asset Management and Capital Improvements.]
------------------------------------------------------- --------------------------------------------------------
Commissioner Carollo: Move companion item number 8.
Vice Mayor Gort: Eight has been moved. Is there a second?
Commissioner Plummer: Second. I don't see it as a companion, though.
`a Mr. Maxwell: It's an appropriation ordinance.
Commissioner Plummer: Yeah.
Vice Mayor Gort: Would anyone from the public like to address item number 8? If not, OK, if
there's no further discussion, all in favor...
Mr. Maxwell: No, no.
Commissioner Plummer: Read it, read it, read it.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF MIAMI
CAPITAL IMPROVEMENTS; CONTINUING AND REVISING PREVIOUSLY
APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS;
ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING
FISCAL YEAR 1995-96; REPEALING PROVISIONS OF ORDINANCE NO. 11205,
AS AMENDED, THE FISCAL YEAR 1994-1995 CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE, WHICH MAY BE IN CONFLICT WITH THIS
ORDINANCE; PROVIDING CONDITIONS, AUTHORIZATIONS AND
DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
246 January 25, 1996
OAS
passed on its first reading, by title, at the meeting of December 7, 1995, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Carollo,
'seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
! ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11337.
• 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.
----------------------------------------------------------------------------------------------------------------
102. FIRST READING ORDINANCE: AMEND CODE CHAPTER 62, ARTICLE
(ZONING AND PLANNING FEES) -- ESTABLISH NEW METHOD FOR
CALCULATION OF FEES FOR MULTIPLE VARIANCES FOR ONE
STRUCTURE. [Applicant: Community Planning and Revitalization
Department.]
'1
---------------------'--------------------'---------------------------------------'-'-------------------------------
Vice Mayor Gort: Item 9.
Commissioner Plummer: I'll move it, but I got a question.
Yice Mayor Gort: OK. It's been moved. Is there a second, Joe?
Commissioner Carollo: Second, for the purpose of discussion.
Vice Mayor Gort: Second.
Commissioner Carollo: OK. My discussion is, is this an increase or a decrease in the fees?
Ms. Lourdes Slazyk: It is a decrease when there are multiple variances. They still have to pay a
one-time... a variance fee for the entire project, but when one project requires three or four
variances, right now, each variance is charged separately.
Commissioner Carollo: OK. My main concern is still the same. Those reductions are more cost
effective, and it tends to promote development within the City, correct?
Ms. Slazyk: Yes.
247
January 25, 1996
Commissioner Carollo: I move it.
Vice Mayor Gort: This is also first reading, right?
Commissioner Plummer: Yes.
Ms. Slazyk: Yes.
Vice Mayor Gort: OK. So there will be a second reading. Does anyone want to discuss item
number 9? Would you call the roll.
Commissioner Plummer: Well, read it.
An Ordinance entitled -
AN ORDINANCE RELATING TO FEE CALCULATIONS FOR MULTIPLE
VARIANCES; AMENDING "ARTICLE VI ZONING AND PLANNING FEES," OF
CHAPTER 62 OF THE CITY CODE BY CHANGING THE TEXT OF SECTION 62-
61.(3) TO ESTABLISH A NEW METHOD FOR THE CALCULATION OF SAID
FEES FOR MULTIPLE VARIANCES FOR ONE STRUCTURE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
.FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Carollo, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
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.
----------------------------------------------------------------------------------------------------------------
103. FIRST READING ORDINANCE: AMEND CODE CHAPTER 62, ARTICLE
VI (ZONING AND PLANNING FEES) -- PROVIDE FOR PARTIAL
DEFERMENT OF CERTAIN FEES ASSOCIATED WITH APPLICATION
FOR / ISSUANCE OF A MAJOR USE SPECIAL PERMIT FOR
DEVELOPMENT ACTIVITY IN A DULY DESIGNATED CITY
REDEVELOPMENT DISTRICT. [Applicant: Community Planning and
Revitalization Department.]
Vice Mayor Gort: Item 10.
Commissioner Carollo: I move item 10.
Commissioner Plummer: Second. Whoa, Whoa, Whoa. Do these fees cover the cost to the City
of producing this item?
Ms. Lourdes Slazyk: Yes, they do. There is... They will pay the minimum fee. This is not a
waiver. This is a deferment of fees. They do eventually have to come back and pay.
Commissioner Plummer: But in other words, are we getting interest on the money they owe?
Us. Slazyk: No, there is no interest calculated.
Ms. Christina Cuervo: No, but we get all of our out-of-pocket costs covered up front. All our
advertising costs, posting...
Ms. Slazyk: The review, advertising, posting notices, all of that.
Commissioner Plummer: OK. As long as, you know, we're not out there padding the pockets of
these developers.
Ts. Slazyk: Commissioner, this is just in redevelopment districts.
Ms. Cuervo: Right.
Commissioner Plummer: OK. Fine.
Ms. Slazyk: This is in areas that we have designated redevelopment districts, and this is a way to
promote redevelopment within those areas.
Commissioner Plummer: OK.
I' Vice Mayor Gort: Is there anyone here to address item 10? Would you read the ordinance?
I }
f
249 January 25,1996
i
An Ordinance entitled -
AN ORDINANCE RELATING TO FEE PAYMENTS; AMENDING "ARTICLE VI.
ZONING AND PLANNING FEES," OF CHAPTER 62 OF THE CITY CODE BY
ADDING A NEW SECTION 62-63 PROVIDING FOR THE PARTIAL DEFERMENT
OF CERTAIN FEES ASSOCIATED WITH AN APPLICATION FOR AND
ISSUANCE OF A MAJOR USE SPECIAL PERMIT FOR DEVELOPMENT
ACTIVITY IN A DULY DESIGNATED CITY REDEVELOPMENT DISTRICT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
j was introduced by Commissioner Carollo, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
f .
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
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.
----------------------------------------------------------------------------------------------------------------
104. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE (11000),
SECTION 905.2, SEPARATION OF RESIDENTIAL AND
NONRESIDENTIAL USES, AND SECTION 908.8, FENCES, WALLS AND
HEDGES -- ADD REGULATIONS PERTAINING TO FINISHING OF WALLS
ON BOTH SIDES AND TO REQUIRE NEW NONRESIDENTIAL
DEVELOPMENT TO CONSTRUCT REQUIRED WALL PRIOR TO
COMMENCEMENT OF WORK. [Applicant: Community Planning and
Revitalization Department.]
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: Eleven.
Vice Mayor Gort: Eleven.
Commissioner Plummer: I'll move it.
Vice Mayor Gort: Second.
Commissioner Plummer. With discussion. I brought up to this Commission some time ago, and
I don't know if this addresses it or not, of my concern - to my knowledge, it has not been
addressed - when we allow a person to put up an eight -foot wall. OK? If it's on my side, I
l plaster it, and I paint it, and I make it look nice. And that neighbor of mine, who's a dirty old
guy, I say, to hell with you, and I'm not going to paint it. I'm going to make it as ugly as I can
make it, and the City can't force them to do it. I think that's wrong. I think that there has got to
be a provision that, if we allow an eight -foot wall to go up - which I really don't approve of - I
250
k
'r
January 25, 1996
r,
L:
think that you have to finish both sides the same way, so that it is pleasing on both sides. Now,
does that address this?
Ms. Lourdes Slazyk: Yes, it does.
Commissioner Plummer: OK. It's first reading. I'll read it even more in-depth. Jack, let me
ask you this question. My concern about eight -foot walls is not as much of sunlight as it is air,
ventilation. Do you think that we ought to be considering walls that go to eight feet have to be
ventilated in some way? You know, man, if I lived between two neighbors who had eight -foot
walls... Joe, not everybody has as much a wide front yard as you do.
Commissioner Carollo: In other words, you want some peeping holes, huh?
Commissioner Plummer: No. I just want ventilation.
Mr. Jack Luft: I think in the front yard, there might be some... You know, between the house,
you've already got most houses are going to be 14 to 15 foot high anyway. And your air
circulation isn't that... isn't affected that much between the houses.
Commissioner Plummer: OK.
Mr. Luft: But in the front, you might want transparency and more circulation.
Commissioner Plummer: Well, I... Personally, I hate a wall that somebody can hide behind.
That bothers me.
Mr. Luft: Yeah. Well, most people are looking for privacy, as well as security.
Commissioner Plummer: Yeah. OK.
I
Vice Mayor Gort: OK.
Commissioner Carollo: Well, we could have the eight -foot walls, right? Or fences or...
Commissioner Plummer: Hang him with a sky hook. t
Vice Mayor Gort: Thank you. Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 905.2, "SEPARATION OF RESIDENTIAL AND NONRESIDENTIAL
USES," AND SECTION 908.8, "FENCES, WALLS AND HEDGES," TO ADD
REGULATIONS PERTAINING TO THE FINISHING OF WALLS ON BOTH SIDES
LOPMENT TO TRUCT
AND TO REQUIRE NEW NONRESIDEONT�E DEVE
OMMENCEMENT OF SWORD;
THE REQUIRED WALL PRIOR
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Vice Mayor Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
r Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
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.
--------------------------------------------------------------------- -
105. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE (11000),
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS -- MODIFY SIGN
REGULATIONS FOR HOTEL USES WITH OFFICE ZONING DISTRICT
CLASSIFICATION. [Applicant: Community Planning and Revitalization
i
Department.]
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Commissioner Carollo: Twelve, limitations aside, I move.
Commissioner Plummer: I second.
Vice Mayor Gort: It's been moved and seconded. Is there anyone here to speak on item 12? If
not, would you read the ordinance. OK, roll call.
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252
January 25, 1996
An Ordinance entitled -
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 11000 BY AMENDING
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO MODIFY SIGN
REGULATIONS FOR HOTEL USES WITHIN THE OFFICE ZONING DISTRICT
CLASSIFICATION; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Carollo, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
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.
Vice Mayor Gort: Item 13.
Mr. Joel Maxwell (Deputy City Attorney): Withdrawn.
Ms. Christina Cuervo: Thirteen was withdrawn.
Commissioner Plummer: Withdrawn.
253
January 25, 1996
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106. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE (11000) --
(1) SECTION 401, SCHEDULE OF DISTRICT REGULATIONS (A) ALLOW
STATE OF FLORIDA LICENSED FRANCHISE MOTOR VEHICLE
DEALERS AS PERMITTED PRINCIPAL USE, (B) ALLOW RENTAL,
PURCHASE STORES AS CONDITIONAL PRINCIPAL USE BY CLASS II
SPECIAL PERMIT -- IN C-1 RESTRICTED COMMERCIAL ZONING
DISTRICT; (2) SECTION 602 -- ALLOW BREWERY -RESTAURANTS AS
CONDITIONAL PRINCIPAL USE IN SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT; (3) SECTION 613 -- ALLOW DECORATIVE
PLUMBING FIXTURE SHOWROOMS AS PERMITTED PRINCIPAL USE IN
SD-13 S.W. 27 AVENUE GATEWAY DISTRICT; (4) SECTION 915, HEIGHT
REGULATION GENERALLY -- PROVIDE EXCEPTION TO F.S. 333.03(3)
BY CLASS I SPECIAL PERMIT FOR CONSTRUCTION OF EDUCATIONAL
FACILITIES WITHIN CLEAR ZONE OF MIAMI INTERNATIONAL
AIRPORT; (5) SECTION 918, OFFSITE PARKING -- ALLOW TEMPORARY
OFFSTREET PARKING FOR CONSTRUCTION CREWS BY CLASS I
SPECIAL PERMIT; AND (6) SECTION 2502 -- PROVIDE DEFINITIONS.
[Applicant: Community Planning and Revitalization Department.]
Vice Mayor Gort: Fourteen.
Ms. Lourdes Slazyk: Fourteen is a... This is putting, actually implementing into the ordinance a
i series of determinations of uses that we've made throughout the past year. From time to time, a
use comes up that isn't addressed in the ordinance, or provisions for it aren't addressed. So the
Director of Planning can issue a determination of use, and once a year, as a cleanup to the
ordinance, we insert all of the determinations from the last year.
Commissioner Plummer: Move it.
Commissioner Carollo: Second.
Vice Mayor Gort: It's been moved and seconded. Call the roll.
254
January 25, 1996
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO ALLOW "STATE
OF FLORIDA LICENSED FRANCHISE MOTOR VEHICLE DEALERS" AS A
"PERMITTED PRINCIPAL USE" IN THE "C-1" RESTRICTED COMMERCIAL
ZONING DISTRICT; TO ALLOW "RENTAL -PURCHASE" STORES AS A
"CONDITIONAL PRINCIPAL USE" BY CLASS II SPECIAL PERMIT IN THE "C-1"
RESTRICTED COMMERCIAL ZONING DISTRICT; BY AMENDING SECTION
602, TO ALLOW "BREWERY -RESTAURANTS" AS A "CONDITIONAL
PRINCIPAL USE" BY SPECIAL EXCEPTION IN THE "SD-2" COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT; BY AMENDING SECTION 613, TO
ALLOW DECORATIVE PLUMBING FIXTURE SHOWROOMS" AS A
"PERMITTED PRINCIPAL USE" IN THE "SD-13" SOUTHWEST 27TH AVENUE
GATEWAY DISTRICT; BY AMENDING SECTION 915, "HEIGHT REGULATION,
GENERALLY,"
TO PROVIDE AN EXCEPTION TO FLORIDA STATUTES
SECTION 333.03(3), BY CLASS I SPECIAL PERMIT, FOR THE CONSTRUCTION
OF EDUCATIONAL FACILITIES WITHIN THE CLEAR ZONE OF THE MIAMI
INTERNATIONAL AIRPORT; BY AMENDING SECTION 918 "OFFSITE
PARKING, TO ALLOW TEMPORARY OFFSTREET OFFSITE PARKING FOR
CONSTRUCTION CREWS BY CLASS I SPECIAL PERMIT; AND BY AMENDING
SECTION 2502, TO PROVIDE DEFINITIONS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Carollo, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT:
Commissioner Miller J. Dawkins .
Mayor Stephen P. Clark
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.
107. APPROVE WATSON ISLAND POLICY PLAN 1996 -- RESCIND
RESOLUTION 89-199 (WATSON ISLAND MASTER PLAN 1989).
[Applicant: Community Planning and Revitalization Department.]
Vice Mayor Gort: Item 15.
Commissioner Plummer: Move it.
Commissioner Carollo: No, no, no. I'm the one that carries the scars from Watson Island. I
think I've earned the right to make any motions pertaining to Watson Island. So Plum...
W
Commissioner Plummer: Movant denied.
Commissioner Carollo: Even though they're planning worse things for me on the golf course,
but anyway, that's for another day. I make the motion, Jack. I think it's a good idea, and we
need to do that, and it's going to save a lot of time. Will this be able to apply to the Parrot
Jungle Project now?
Mr. Jack Luft: Yes, sir.
Commissioner Carollo: Good. I move it.
Commissioner Plummer: I ain't saying nothing. Why don't he take the burden of it? I ain't
going to second it. I ain't voting for it.
Vice Mayor Gort: OK. Do you second?
Commissioner Plummer: No. Carollo is so...
Vice Mayor Gort: I'll second it. I'll second it.
Commissioner Plummer: I ain't voting for it. I'm going to vote against it. That creates a denial,
�.:.. right?
Vice Mayor Gort: OK. Is there anyone to discuss item 15? If not, we'll close the public
hearing. Do you want the roll call here?
Commissioner Carollo: We'll name the road in the middle J.L. Plummer Drive, and...
Commissioner Plummer: (Inaudible)
Vice Mayor Gort: Roll call...
Commissioner Carollo: Either that or a cemetery.
Vice Mayor Gort: He doesn't have to read an ordinance.
,.)
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-80
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE WATSON ISLAND
POLICY PLAN 1996; AND RESCINDING IN TOTO RESOLUTION NO. 89-199,
i ADOPTED FEBRUARY 23, 1989, AND ALL AMENDMENTS THERETO, WHICH
APPROVED, IN PRINCIPLE, THE WATSON ISLAND MASTER PLAN 1989;
DIRECTING THE CITY MANAGER TO PROCEED TO PUBLISH SAID WATSON
ISLAND POLICY PLAN 1996; AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
-- -------------------------------------------------------------------------------------------------------------
108. BRIEF COMMENTS CONCERNING CENTENNIAL GALA BALL
(FEBRUARY 24TH).
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Vice Mayor Gort: Is there any other item to come in front of us?
Commissioner Plummer: Mr. Vice Mayor, I would like to announce, since we will not have
;
another meeting our... Joe : g prior, ' , y ,your Centennial Committee will be holding its first formal
function, of which all of you have a mandatory attendance on February the 24th. That is the
! Gala Ball, which will be at the site of the original Royal Palm. Hotel. You must come in a
costume of the era of which you represent, and the only...
Commissioner Carollo: Not Christopher Columbus, right? That's taken.
Commissioner Plummer: The only difference is that Julia Tuttle and Henry Flagler will not
come by railroad, but they will come by rapid transit. So we invite all the people, and the public
and corporations who wish to be in attendance. That is February the 24th. We have a fabulous
Chairman in Ava Parkes, who is putting a program together that is absolutely fabulous.
Commissioner Carollo: And we've got to come in costumes, huh?
Commissioner Plummer: You've got to come in costume.
! Commissioner Carollo: Well.
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257
Commissioner Plummer: Thank you.
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109. (Continued) SET STARTING TIME FOR FEBRUARY 29TH COMMISSION
MEETINGS. (See label 86)
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A. Quinn Jones, III, Esq. (City Attorney): Before you... Can we set a time certain? Because
when you set... changed the meeting to the 29th...
Vice Mayor Gort: Three -thirty.
Commissioner Plummer: We did set a time of nine and two.
Vice Mayor Gort: Two? Nine and two?
Commissioner Plummer: Yes.
Mr. Joel Maxwell (Deputy City Attorney): Commissioners, excuse me. If it's a short agenda
and you set it for two, you need to be aware of... You have about four items that you've acted on
today that would have to be heard after five o'clock at the next meeting, so you may end up with
a big gap there.
Commissioner Carollo: What time will that begin?
Commissioner Plummer: Nine o'clock.
Mr. Jones: They want to start at three -thirty.
Mr. Maxwell: If you start at three... Just keep in mind, if you start it early, you may end up with
that gap in there, unless it's a long agenda.
Commissioner Plummer: Well, if... The items that we deferred here today don't look to me to
be long.
Mr. Maxwell: I don't think so, either, and that's why I'm pointing that out.
Ms. Christina Cuervo: We have 16 items already for that agenda. So.
' Commissioner Plummer: Sixteen?
R,
Vice Mayor Gort: For the Zoning?
Commissioner Plummer: So start at three o'clock.
Ms. Cuervo: We have 16 items. I don't know how controversial they are.
Mr. Maxwell: OK. We would have been able to handle that if you had one more Board member
here, but you needed a four -fifth vote to move the other ones up, and you didn't have that.
is
Commissioner Plummer: What do you want to do?
t
Mr. Maxwell: If you schedule it... What time? Three o'clock, and just...
Commissioner Plummer: You want to start the whole agenda at three?
Vice Mayor Gort: No, no, no.
Mr. Maxwell: No, no.
Vice Mayor Gort: The Zoning and Planning...
Mr. Maxwell: You're starting the Planning and Zoning at three, and hopepfully, it will take the
two hours to get to five. It may not. Short agenda...
Commissioner Plummer: No, but what I was thinking is, could we start the regular agenda at
one o'clock in the afternoon and then just run through? I would much prefer that. It gives me
the opportunity to go to the office.
Mr. Maxwell: I can't speak to the regular agenda. I don't know how long it is.
Commissioner Plummer: All right.
Ms. Lourdes Slazyk: Do you know?
Ms. Cuervo: No, we have no idea.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 5:23 P.M.
Stephen P. Clark
MAYOR
ATTEST:
J-
WalterrVoeman
CITY CLERK
Maria Josephine Argudin
ASSISTANT CITY CLERK