HomeMy WebLinkAboutCC 1996-02-29 Minutes�' • ``�11�11
III
OF
1'IGGIING
HEW
ON
FEBRUARY
29, 1996
REGULAR &
PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALT.ER J. FOEMAN
CITY CLERK
INDEX
MINUTES OF REGULAR MEETING
February 29, 1996
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION
2
SPECIAL ITEMS.
2/29/96
2.
CONSENT AGENDA.
DISCUSSION
3-4
2/29/96
2.1.
ACCEPT BIDS: (1) CARIBBEAN PAINTS, (2)
R 96-84
5
REX-TONE, INC., AND (3) STEIN PAINT
2/29/96
COMPANY -- FOR FURNISHING PAINT /
SUPPLIES FOR VARIOUS CITY DEPARTMENTS.
2.2.
ALLOCATE $5,600 FROM COMMUNITY
R 96-85
5
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
2/29/96
(PROJECT 799602) -- FOR REHABILITATION
OF 4 BUSINESSES IN WYNWOOD / EDGEWATER
TARGET AREA -- UNDER COMPREHENSIVE
CITYWIDE COZZRCIAL FACADE
REHABILITATION TREATMENT PROGRAM.
2.3.
ACCEPT BIDS: (1) A & A/U.S. AUTO GLASS
R 96-86
6
COMPANY ($10,000), AND (2) SAFELITE
2/29/96
GLASS CORPORATION ($4,000) -- FOR
FURNISHING AUTO / TRUCK GLASS REPAIR
SERVICES.
2.4.
AUTHORIZE MANAGER TO EXTEND AGREEMENT
R 96-87
6
WITH NATIONAL ORGANIZATION OF BLACK LAW
2/29/96
ENFORCMW EXECUTIVES (NOBLE) FOR ONE
YEAR -- ALLOCATE $34,300.60 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
2.5.
AUTHORIZE MAKER TO EXECUTE AGREEMENT
R 96-88
7
WITH HOWARD GAZZO COURT REPORTING -- TO
2/29/96
PROVIDE STENOGRAPHIC SERVICES FOR
POLICE DEPARTMENT -- ALLOCATE $22, 000.
2.6.
AUTHORIZE MANAGER TO EXECUTE AGREEMENTS
R 96-89
7
WITH INDIVIDUALS TO PROVIDE LATENT
2/29/96
PRINT EXAMINER SERVICES FOR POLICE
DEPARTMENT -- ALLOCATE $39, 000 .
2.7.
ALLOCATE $20,000 IN SUPPORT OF BAY OF
R 96-90
7-8
PIGS VETERANS ASSOCIATION, BRIGADE
2/29/96
2506.
2.8.
CLAIM SETI'LEMENr: BENJAMIN FULLINGTON
R 96-91
8
($75,000).
2/29/96
2.9.
CLAIM SEPTLEMERl': WALTER LEWIS
R 96-92
8
WILLIAMS ($52,710).
2/29/96
2.10.
AUTHORIZE MANAGER TO EXECUTE ANMUMU
R 96-93
9
TO MEMORAM M OF AGREEMENT (DATED JULY
2/29/96
1, 1995) WITH METROPOLITAN DADE COUNTY
DEPARTMENT OF HUMAN RESOURCES (OFFICE
OF CON41NITY SERVICES) -- FOR USE OF
$12,573.56 IN FY 1993 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) PROGRAM FUNDING -- TO PROVIDE
UTILITIES ASSISTANCE TO ELIGIBLE
PERSONS WITH HIV / AIDS / RELATED
DISEASES.
2.11.
CLASSIFY CONFISCATED CANNONDALE 27 INCH
R 96-94
9
MEN'S BICYCLE AS CATEGORY "A" SURPLUS
2/29/96
STOCK -- DONATE SAME AS GIFT TO RETIRED
POLICE SERGEANT ALFREDO DO MINGUEZ, IN
APPRECIATION OF HIS DISTINGUISHED
SERVICE AS MEMBEER OF POLICE BICYCLE
DETAIL.
2.12.
ACCEPT PLAT: MIC-VIC.
R 96-95
10
2/29/96
2.13.
AUTHORIZE MANAGER TO ACCEPT / DEPOSIT
R 96-96
10
FUNDS COLLECTED FOR MIAMI SISTER CITIES
2/29/96
GALA HONORING MAYOR STEPHEN P. CLARK
(MARCH 30, 1996).
3.
RECONSIDER PRIOR DECISION -- ALLOCATE
R 96-97
11-13
$10,000 EMERGENCY FUNDS FROM COMMUNITY
2/29/96
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS --
FOR FOOD FOR 110 SENIOR CITIZENS AT DE
HOSTOS SENIOR CENTER (2902 N.W. 2
AVENUE).
4.
BRIEF C NMENrS CONCERNING AGENDA ITEMS
DISCUSSION
14-15
34 & 35 (ALLOC,ATION OF 22ND YEAR CDBG
2/29/96
FUNDS AMID ESTABLISHMENT OF SPECIAL
REVENUE FUNDS). (See label 38)
5. REQUEST DADE COUNTY CIRCUIT COURT TO M 96-98
GRANT CONTINUANCE CONCERNING CITY'S 2/29/96
PETITION FOR DECLARATORY RELIEF
REGARDING THE ARENA CONTRACT WITH
DECOMA / MIAMI LEISURE INTERNATIONAL --
DIRECT CITY ATTORNEY TO INFORM DADE
COUNTY ATTORNEY AND INTERIM LEGAL
COUNSEL FOR MIAMI SPORTS AND EXHIBITION
AUTHORITY (MESA) OF SAID ACTION.
6. DIRECT MANAGER TO EXECUTE DOCUMENTS TO R 96-99
EFFECTUATE DEVELOPMENT OF WYNWOOD 2/29/96
FOREIGN TRADE ZONE COMPLEX -- UTILIZE
$5.5 MILLION SECTION 108 LOAN GUARANTEE
FROM U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD).
7.
(A) INSTRUCT LEGISLATIVE LOBBYIST IN
M 96-100
TALLAHASSEE TO LOBBY ON THE SALES TAX
M 96-100.1
REBATE ISSUE -- STIPULATE FUNDS BE
2/29/96
ACQUIRED / DISBURSED SPECIFICALLY TO
KEEP THE MIAMI HEAT BASEETBA L TEAM IN
CITY OF MIAMI.
(B) SELECT VICE MAYOR WIFREDO (WILLY)
GORT TO REPRESENT MIAMI CITY COMMISSION
IN TALLAHASSEE IN FURTHERANCE OF ITS
1996 LEGISLATIVE PRIORITY ISSUES.
8.
DECLARE MARCH 2, 1996, DAY OF MOURNING
M 96-101
FOR DOWNED BROTHERS To THE RESCUE
2/29/96
PILOTS (MARIO DE LA PENA, ARMANDO
ALEJANDRE, JR., CARLOS COSTA & PABLO
MORALES).
9.
DISCUSSION CONCERNING ELIGIBILITY OF
DISCUSSION
EXPENSES / COSTS INC,'URRED BY FLORIDA
2/29/96
HOUSING GROUP, LTD. REGARDING
DEVELOPMENT / CONSTRUCTION OF 125-UNIT
ADULT CONGREGATE LIVING FACILITY
(ACLF) -- REQUEST PRESENCE OF
REPRESENTATIVE OF FLORIDA HOUSING GROUP
AT NEXT COMMISSION MEETING.
10.
DISCUSSION REGARDING ANNUAL REPORTS OF
DISCUSSION
CITY BOARDS / COMMITTEES -- INSTRUCT
2/29/96
LEGISLATIVE LOBBYIST IN TALLAHASSEE TO
PURSUE PROPOSED AMENDMENT TO PUBLIC
PURPOSE SECTION OF STATE STATUTE
CONCERNING PAYMENT IN LIEU OF TAXES
(PILOT) BY CHARITABLE ORGANIZATIONS /
GROUPS.
15-18
18-23
23-26
26-27
27-31
32-33
11.
DISCUSSION CONCERNING CITY PROJECTS
DISCUSSION 33-42
THAT MAY BE INCLUDED IN TRUST FOR
2/29/96
PUBLIC LANDS PROPOSED $200 MILLION DADE
COUNTY PARKS, RECREATION, BEACHES AND
CULTURAL FACILITIES BOND MEASURE --
DIRECT ADMINISTRATION TO MEET
INDIVIDUALLY WITH COMMISSIONERS TO
OBTAIN THEIR PRIORITIES.
12.
APPROVE PROFFERED LIST CONCERNING AWARD
R 96-102 42-43
OF SCHOLARSHIPS TO ELIGIBLE STUDENTS TO
2/29/96
ATTEND UNIVERSITY OF MIAMI FOR 1996
ACADEMIC YEAR.
13.
RATIFY MANAGER'S FINDING OF SOLE
R 96-103 44
SOURCE -- WAIVE COMPETITIVE SEALED
2/29/96
BIDS -- APPROVE RETROFITTING OF FUEL
HARVESTER TUB GRINDER USED FOR GRINDING
MULCH AT VIRGINIA KEY YARD / TRASH
MANAGEMENT FACILITY -- FROM FUEL
HARVESTER EQUIPMENT, INC.
14.
RATIFY MANAGER'S FINDING OF SOLE
R 96-104 45-46
SOURCE -- WAIVE COMPETITIVE SEALED
2/29/96
BIDS -- APPROVE ACQUISITION OF WEIGH-
TRONIX MODEL DATA MANAGE[ W SYSTEM TO
BE USED IN DIRECT INTERFACE WITH WEIGH-
TRONIX W1-130 DATA ACQUISITION SYSTEM
AT VIRGINIA KEY YARD / TRASH MANAGEMENT
FACILITY -- FROM SCALEMEN OF FLORIDA,
INC.
15.
(A) SET POLICY THAT FUTURE PROJECT COST
R 96-105 46-51
OVERRUNS BE BROUGHT BEFORE COMMISSION
R 96-106
PRIOR TO EXCEEDING BUDGET.
2/29/96
(B) AUTHORIZE INCREASE ($190,000) IN
CONTRACT WITH HARRISON CONSTRUCTION
CORPORATION -- FOR NEW FIRE STATION NO.
12 (SECOND BIDDING) PROJECT B-2990 --
DIRECT ADMINISTRATION TO SU13MIT WRITTEN
CLARIFICATION FOR DELAYS / COST
INCREASES.
16.
RATIFY MANAGER'S FINDING OF
R 96-107 51-52
EMUU CY -- WAIVE COMPETITIVE SEALED
2/29/96
BIDS -- APPROVE ACQUISITION OF REPAIR
SERVICES -- FROM CAYON SERVICE CENTER,
INC. -- FOR TAYLOR MODEL #TY520
FORKLIFT MACHINE.
17.
PERSONAL APPEARANCE: GUIDO
DISCUSSION
53-55
RODRIGUEZ -- TO REQUEST APPROVAL OF
2/29/96
PERSON TO RECEIVE A STAR IN CALLE OCHO
CELEBRITY WALK OF FAME -- DEFER TO NEXT
MEETING.
18.
URGE U.S. CONGRESS TO RATIFY UNITED
R 96-108
56-57
NATIONS CONVENTION ACTIONS ON
2/29/96
ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN.
19.
GRANT REQUEST TO REPRESENTATIVE FROM
R 96-109
57-59
MARCH OF DIMES BIRTH DEFECTS FOUNDATION
2/29/96
FOR FEE WAIVERS FOR PEACOCK AND MERRIE
CHRISTMAS PARKS IN CONNECTION WITH
ANNUAL WALKAMERICA EVENT (MARCH 30,
1996), SUBJECT TO CITY RECEIVING FULL
RECOGNITION ON ALL ADVERTISING /
PUBLICITY.
20.
RECOMMEND TO CHIEF OF POLICE TO APPROVE
M 96-110
59-67
FUNDING REQUEST FROM THffMRT JOHNAKIN,
2/29/96
CHAIRMAN, MODEL CITY CRIME PREVENTI0N
TO ALLOCATE $33,000 FROM LAW
ENFORCEMENT TRUST FUND (LE F) .
21.
DIRECT MANAGER TO RESOLVE LOAN ISSUE
R 96-111
67-69
BETWEEN MR. BIJAN NAKHJAVAN AND MIAMI
2/29/96
CAPITAL DEVELOPMENT, INC. (MCDI)
CONCERNING RENTAL OF CITY PROPERTY --
URGE MCDI TO WORK TOWARD FAVORABLE
DISPOSITION.
22.
GRANT REQUEST TO REPRESENTATIVES OF
R 96-112
70-71
SCHOONER "HERITAGE OF MIAMI" FOR
2/29/96
COURTESY DOCKAGE (16 FREE DAYS) AT
MIAMARINA FOR SCHOOL TRAINING SCHOONER
"HARVEY GAMAGE" (MARCH 20-APRIL 6,
1996).
23.
DIRECT MANAGER AND POLICE CHIEF TO MEET
M 96-113
71-79
WITH MR. ROBERT SMELLIE, FROM CARVER
2/29/96
CENTER THEATRE, CONCERNING EXTENUATING.
CIRCUMSTANCES SURROUNDING CITY OF MIAMI
OCCUPATIONAL BUSINESS LICENSE.
24.
PERSONAL APPEARANCE: EARL CAROL -- TO
DISCUSSION
79-81
DISCUSS CODE CHAPTER 22, SECTION 2A
2/29/96
(GARBAGE AND TRASH).
25.
EXPRESS OPPOSITION TO PROPOSED
R 96-114
81-84
CONGRESSIONAL IMMIGRATION BILL.
2/29/96
26.
AUTHORIZE METRO PARKING TO UTILIZE ITS
R 96-115
84-105
UNIMPROVED PARKING LOTS IN VICINITY OF
2/29/96
MIAMI ARENA FOR SPECIAL EVENTS PARKING
(NOT TO EXCEED 75 EVENTS) -- SUBJECT TO
OPERATORS OBTAINING CLASS I SPECIAL
PERMITS AND PAYING APPLICABLE FEES.
27.
DIRECT CITY MANAGER TO EXPLAIN, IN
DISCUSSION
106
WRITING, WHY THE OWNER OF A BOAT CANNOT
2/29/96
PUT A LIGHT AT THE END OF HIS DOCK.
28.
GRANT WAIVER OF PARKING ON PUBLIC
R 96-116
107-108
PARKING LOTS (LESS THAN 75 EVENTS) AT
2/29/96
EAST CORNER OF SOUTH BAYSHORE DRIVE AND
PAN AMERICAN DRIVE.
29.
PERSONAL APPEARANCE: COL,E'ITE HALL,
DISCUSSION
109-112
EXECUTIVE DIRECTOR OF HAITIAN AMERICAN
2/29/96'
FOUNDATION, INC. (HAFI) -- DISCUSSION
CONCERNING COMMUNITY DEVELOPMENT BLACK
GRANT (CDBG) FUNDING REQUEST FOR FUNDS
TO BE USED BY HAFI FOR ITS ELDERLY AND
JOB PLACEMENT PROGRAM! -- ADDITIONAL
DISCUSSION CONCERNING SIDEWALKS AND
HOUSING IN LITTLE HAITI.
30.
EMERGENCY ORDINANCE: AMEND ORDINANCE
ORDINANCE
112-115
11038, WHICH ESTABLISHED SPECIAL
11338
REVENUE FUND: TRANSPORTATION PLANNING
2/29/96
AMID COORDINATION -- APPROPRIATE
ADDITIONAL $50,000 (CONSISTING OF
$40,500 GRANT FROM METROPOLITAN
PLANNING ORGANIZATION FOR THE MIAMI
URBANIZED AREA (MPO), AND $9,500
MATCHING FUNDS) -- FOR TRANSPORTATION
PORTION OF COCONUT GROVE PLANNING
STUDY.
31.
EMERGENCY ORDINANCE: ESTABLISH SPECIAL
ORDINANCE
116-127
REVENUE FUND: GANG REDUCTION ACTIVITIES
11339
AND SPORTS PROGRAM -- APPROPRIATE
2/29/96
$178,136 (CONSISTING OF GRANT FROM
METROPOLITAN DADE COUNTY).
32.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
SECTION 40-234 (GENERAL EMPLOYEES' AND
11340
SANITATION EMPLOYEES' RETIREMENT
2/29/96
TRUST) -- REQUIRE THAT CERTAIN
EMPLOYEES HIRED AFTER MARCH 31, 1996
SHALL BE MEMBERS OF GESE RETIREMENT
TRUST -- AMEND SECTION 40-235 TO
PROVIDE FOR CREDITABLE SERVICE
TRANSFER, PAST SERVICE BUY-BACK, AND
REPAYMENT OF OUTSTANDING TRUST FUND
ACCOUNT LOAN.
33.
(A) SECOND READING ORDINANCE:
ORDINANCE
ESTABLISH 2 SPECIAL REVENUE FUNDS AND
11341
APPROPRIATE FUNDS: (1) EDISON PLAZA
2/29/96
HUD, SECTION 108 ($2,700,000), AND (2)
EDISON PLAZA ECONOMIC DEVELOPMENT
INITIATIVE GRANT ($670,000) -- AS
APPROVED BY U.S. DEPAR'LT-= OF HOUSING
AND URBAN DEVELOPMENT (HUD) -- TOTAL
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) APPROPRIATION: $3,370,000
(B) COMMISSIONER DAWKINS STIPULATES
THAT NO MONIES BE SPENT UNTIL THE
DAVIS - BACON ACT IS FOLLOWED AND FIRST
SOURCE AG MEMENP IS ADHERED TO, WHICH
WOULD REQUIRE TACOLCY ECONOMIC
DEVELOPMENT TO HIRE UNEMPLOYED
RESIDENTS LIVING IN AREA AS
PREREQUISITE TO OBTAINING FUNDS.
34.
(A) SECOND READING ORDINANCE: APPROVE
ORDINANCE
CREATION OF A SPECIAL TAXING DISTRICT
11342
BY METROPOLITAN DADE COUNTY FOR FOUR
2/29/96
WAY LODGE ESTATES -- TO PROVIDE 24-HOUR
STATIONARY SECURITY GUARD SERVICE,
ETC. -- APPROPRIATE $100,000
(REIMBURSABLE) -- EXECUTE INI'ERTOCAL
AGREEMENT WITH METROPOLITAN DADE
COUNTY.
(B) DIRECT ADMINISTRATION TO PREPARE
FLOOR PLAN OF TRAFFIC FOR PROPOSED
ESTABLISHMENT OF BARRICADES -- PUBLISH
BALLOT IN THE MIAMI TIMES, REQUESTING
RESIDENTS TO MAIL THEIR RESPONSES TO
THE CITY CONCERNING PROPOSED
BARRICADES.
35.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
CHAPTER 53, SECTIONS 53-30 AND 53-72 --
11343
PROVIDE FOR VESSEL REGULATIONS
2/29/96
APPLICABLE TO MIAMARINA -- ADD NEW
SECTION 53-81.
128
129-130
130-141
141
36.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 142-147
CHAPTER 22 (GARBAGE AND TRASH) --
FIRST READING
PROVIDE NEW DEFINITIONS / AREAS OF
2/29/96
RESPONSIBILITY FOR THE NEIGHBORHOOD
ENHANCEMENT TEAM (NET) OFFICES
PREVIOUSLY HELD BY DIRECTOR OF SOLID
WASTE DEPAR.'IMENT, ETC.
37.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 147-148
CHAPTER 2, SECTIONS 2-75 AND 2-76,
FIRST READING
WHICH SET FORTH FEES FOR ZONING
2/29/96
CERTIFICATES OF USE AND FOR INSPECTION
/ EXAMINATION OF PLANS -- AMEND FEES TO
COVER COST OF ENFORCEMERr OF 11000
(ZONING ORDINANCE 11000).
38.
(A) (Continued) APPOINT COMMISSIONER
M 96-117 149-174
DAWKINS TO REPRESENT COMMISSION IN
M 96-118
CONNECTION WITH COMMUNITY DEVELOPMENT
2/29/96
HUXX GRANT (CDBG) FUMING ISSUES --
DIRECT ADMINISTRATION TO MEET WITH
COMMISSIONER DAWKINS CONCERNING FY
1996-97 PROPOSED CONSOLIDATION PLAN --
DIRECT ADMINISTRATION TO NOTIFY
POTENTIAL RECIPIENTS OF CDBG FUNDS)
POTENTIAL SUBSTANTIAL CUT IN UPCOMING
CYCLE -- DIRECT ADMINISTRATION TO MAKE
COMMUNITY BASED ORGANIZATIONS (CBOS)
AWARE OF PROPOSED DRAFT ORDINANCE
REQUIRING SPECIFIC PERCENTAGE OF CBO
MEMBERS TO COMPLY WITH STRICT RESIDENCY
REQUIREMENTS.
(B) DEFER CONSIDERATION OF (1) AGENDA
ITEM 34 (PROPOSED RESOIITTION TO
AUTHORIZE MANAGER TO SUBMIT CITY'S FY
1996-97 PROPOSED CONSOLIDATED PLAN,
INMUDING FY 1996 ACTION PLAN WITH
RECOMMENDED FUNDING PROJECTIONS FOR
CITY'S CDBG, HOME INVESTMENT
PARTNERSHIPS (HOME) , EMERGENCY SHELTER
GRANT (ESG), AND HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA) PROGRAMS,
AND GRANT APPLICATION, TO U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD); AND (2) AGENDA ITEM
35 (PROPOSED RESOLUTION TO ESTABLISH 4
NEW SPECIAL REVENUE FUNDS). (See label
4)
39.
DISCUSSION CONCERNING HOUSE GIVEN TO
DISCUSSION 175-178
FATHER BARRY (ST. AGNES HOUSING).
2/29/96
40.
FIRST READING ORDINANCE: AMEND
ORDINANCE
179-180
ORDINANCE 6145, WHICH ESTABLISHED FEES
FIRST READING
FOR BUILDING, PLUMBING, ELECTRICAL,
2/29/96
MECHANICAL (INCLUDING BOILER AND
ELEVATOR) INSPECTION, PERMIT AMID
CERTIFICATE FEES -- ADD / INCREASE FEES
TO COVER COSTS OF ENFORCEMENT OF SOUTH
FLORIDA BUILDING CODE.
41.
FIRST READING ORDINANCE: ESTABLISH
ORDINANCE
180-181
SPECIAL REVENUE FUND: ELECIRONIC
FIRST READING
MESSAGE CENTER -- APPROPRIATE $50,000
2/29/96
(MONIES RECEIVED PURSUANT TO TERMS /
CONDITIONS SET FORTH IN REVOCABLE
PERMIT ISSUED TO MCCAW COMMUNICATIONS
OF FIORIDA - RESOLUTION 95-614).
42.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE
181-183
SECTIONS 2-431 AMID 38-73 (BAYFRONP PARK
FIRST READING
MANACMEW TRUST) -- CHANGE QUORUM
2/29/96
REQUIREMENT'S TO BE A MAJORITY OF THOSE
PRESENT AT A PROPERLY NOTICED MEETING.
43.
ACCEPT BID: MIAMI ELEVATOR COMPANY --
R 96-119
184-185
FOR FURNISHING ELEVATOR MAINTENANCE
2/29/96
SERVICES AT RIVERSIDE CENTER --
ALLOCATE $29,076.
44.
ACCEPT BID: FOREVER GREEN, INC. -- FOR
R 96-120
186-187
FURNISHING LAWN MAINTENANCE SERVICES AT
2/29/96
RIVERSIDE CENTER -- ALLOCATE $14,960.
45.
ACCEPT PROPOSAL: BEST MAINTENANCE APED
R 96-121
187-191
JANITORIAL, SERVICE, INC. -- TO FURNISH
2/29/96
JANITORIAL SERVICES AT RIVERSIDE
CENTER -- ALLOCATE $145,580.41.
46.
ACCEPT BID: PRIME ELECTRIC -- FOR
R 96-122
191-194
FURNISHING ELECTRICAL MAINTENANCE
2/29/96
SERVICES AT RIVERSIDE CENTER --
ALLOCATE $10,000.
47. ACCEPT BID: 'DOTAL AIR SERVICES, R 96-123 194-195
INC. -- FOR FURNISHING HVAC MAINTENANCE 2/29/96
SERVICES AT RIVERSIDE CENTER --
ALLOCATE $22,040.
48. ACCEPT PROPOSAL: JORGE LUZARRAGA AND
R 96-124
JOSE M. GARCIA (JOINT VENTURE) -- TO
2/29/96
PROVIDE FOOD / BEVERAGE SERVICE AT
RIVERSIDE CENTER -- AUTHORIZE MANAGER
TO EXECUTE CONCESSION AGREEMENT --
CONCESSIONAIRE TO PAY MONTHLY
CONCESSION FEE EQUAL TO: (1) 5% OF
GROSS REVENUES FROM CAFETERIA / CART
OPERATIONS, AND (2) 25% OF GROSS
REVENUES FROM CATERING / COFFEE SUPPLY
SERVICES.
49. ACCEPT PROPOSAL: GABRIEL SECURITY
R 96-125
CORP., INC. -- TO FURNISH SECURITY
2/29/96
SERVICES AT RIVERSIDE CENTER --
ALLOCATE $230,000.
50. DISCUSS AND DEFER PROPOSED
DISCUSSION
RESOLUTION TO AUTHORIZE
2/29/96
REALLOCATION OF $100,000 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FUNDS (PREVIOUSLY
AWARDED FOR OVERTOWN YWCA
EXPANSION, PROJECT 705606) TO
CITYWIDE COMMERCIAL FACADE
TREATMENT PROGRAM (PROJECT
799602), TO REHABILITATE BUSINESS
PROPERTIES IN ALL 8 COMMUNITY
DEVELOPMENT TARGET AREAS,
ALLOCATING $22,400 (FROM PROJECT
799602) TOWARD REHABILITATION OF
16 BUSINESSES IN ALLAPATTAH AND
EDISON / LITTLE RIVER TARGET
AREAS.
51. DISCUSS AND DEFER PROPOSED RESOLUTION M 96-126
TO ALLOCATE $14,000 FROM 21ST YEAR 2/29/96
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS (PROJECT 799613) -- FOR
REHABILITATION OF TWO BUSINESSES IN
ALLAPATTAH TARGET AREA.
195-201
201-205
206-208
209-210
52. APPROVE / DESIGNATE TACOLCY ECONOMIC
DEVELOPMENT CORPORATION AS SPONSOR --
TO UNDERTAKE DEVELOPMENT OF 4 NEW
SINGLE FAMILY HOLES AFFORDABLE TO LOW /
MODERATE INCOME FAMILIES / INDIVIDUALS
IN MODEL CITY NET SERVICE AREA ---
ALLOCATE $240,000 FROM CITY'S STATE
HOUSING INITIATIVES PARTNERSHIP PROGRAM
(SHIP) AND/OR HOME PROGRAM -- DIRECT
ADMINISTRATION TO PLACE PROPOSAL FOR
HOUSING (BASED ON THE PUERTO RICAN
MODEL) PROFFERED BY MANUEL GONZALEZ-
GOENAGA AS REGULAR ITEM ON NEXT AGENDA.
53. APPROVE FUNDING OF: (1) CHRISTIAN
CU44MITY SERVICE AGENCY ($1,245,000),
(2) ECONOMIC OPPORTUNITY FAMILY HEALTH
CENTER ($1,345,000), (3) DADE COUNTY
HUMAN RESOURCES DEPARTMENT, OFFICE OF
COMMUNITY SERVICES ($150,000), AND (4)
LOCK TOWNS COMMUNITY MENTAL HEALTH
CENTER ($120,000) -- TO PROVIDE HOUSING
/ RELATED SERVICES TO PERSONS WITH HIV
/ AIDS / RELATED DISEASES -- ALLOCATE
FUNDS FROM 1995 HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA) GRANT
PROGRAM.
54. AUTHORIZE MANAGER TO EXECUTE
SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT NO. 2 WITH FLORIDA DEPARTMENT
OF TRANSPORTATION -- FOR CONTINUED /
ADDITIONAL FUNDING ASSISTANCE
($352,000) FOR WATSON ISLAND AIR
TRANSPORTATION FACILITY.
55. DISCUSS AND DEFER PROPOSED RESOLUTION
TO DESIGNATE THE NEW WORLD CENTER
FOUNDATION, INC., d/b/a THE DOWNIiOWN
MIAMI COMMUNITY DEVELOPMENT COALITION
(COALITION) AS PROJECT SPONSOR, WORKING
WITH ST. JOHN'S COMMUNITY DEVELOPMENT
CORPORATION, INC., FOR DEVELOPMENT OF
100 UNITS OF AFFORDABLE HOUSING ON
OVERTOWN / RIVERSIDE SITE (LU M4US PARK
AND N.W. N. RIVER DRIVE), ALLOCATING
FUNDING TO COALITION FROM ANTICIPATED
PROCEED FROM 1976 GENERAL OBLIGATION
HOUSING BONDS AND 1986 SPECIAL REVENUE
BOND: $1,000,000 TO DEFRAY COST OF
PROPERTY ACQUISITION AND $50,000 FOR
OTHER ASSOCIATED COSTS.
R 96-127
2/29/96
R 96-128
2/29/96
R 96-129
2/29/96
DISCUSSION
2/29/96
210-216
217-218
219-220
220
56. ACCEPT BID: CRYSTAL SPRINGS WATER R 96-130
COMPANY -- FOR FURNISHING DRINKING 2/29/96
WATER SERVICES -- ALLOCATE $40,000.
57. ACCEPT BIDS: (1) WARREN FENCE COMPANY, R 96-131
INC., (2) GoWZ & SON FEh,,E COMPANY, 2/29/96
AND (3) AZTEC ROOFING COMPANY -- FOR
FURNISHING FENCING SERVICES -- ALLOCATE
$20,000.
58. (A) DISCUSSION CONCERNING (1) PROTEST M 96-132
OF BELTRAN, ALEXANDER & ALEXANDER (RFP 2/29/96
93-94-166 FOR INSURANCE BROKER
SERVICES), AND (2) PROPOSED RESOLUTION
TO ACCEPT PROPOSAL OF ARTHUR J.
GALLAGHER AMID COMPANY, FOR FURNISHING
INSURANCE BROKERAGE SERVICES.
(B) APPOINT NEW COMPETITIVE SELECTION
COMMITTEE IN CONNECTION WITH RFP 93-94-
166 FOR INSURANCE BROKERAGE SERVICES --
STIPULATE THAT COMMISSION PROFFER
NOMINEES IN WRITING.
59.
ACCEPT BID: RADIATOR KING, INC. -- FOR
R 96-133
FURNISHING RADIATOR REPAIR SERVICES --
2/29/96
ALLOCATE $22,500.
60.
ACCEPT BIDS: (1) AERO TIRE COMPANY,
R 96-134
AND (2) FEDAN TIRE COMPANY -- FOR
2/29/96
FURNISHING TIRE RECAPPING / REPAIR
SERVICES -- ALLOCATE $84,106 .
61.
APPROVE PAYMENT ($8,510.06) TO COASTAL
R 96-135
UNILUBE, INC., FOR INADVERTENT SHORT
2/29/96
PAYMENT OF LIJBRICANT INVOICES.
62.
(A) AUTHORIZE USE OF METROPOLITAN DADE
R 96-136
COUNTY FACILITIES FOR FUELING CITY
2/29/96
VEHICLES -- AT ESTABLISHED CONTRACTUAL
TERMS / CONDITIONS AGREED TO IN LETTER
OF UNDERSTANDING DATED JUNE 24, 1994 --
ALLOCATE $740, 000.
(B) DIRECT MANAGER TO SEND MEMORANDUM
TO STAFF REGARDING USE OF CITY CARS FOR
PERSONAL REASONS.
(C) DIRECT MANAGER TO PLACE CITY OF
MIAMI YELLOW TAG AND DECAL ON ALL WHITE
CITY LIGHT VEHICLES.
221-222
222-223
223-239
240-241
241-242
242-243
244-247
63. AUTHORIZE USE OF METROPOLITAN DADE R 96-137
COUNTY FACILITIES FOR EMISSION TESTING 2/29/96
OF CITY VEHICLES -- AT STATE OF FLORIDA
ESTABLISHED RATE OF $5 PER
INTERGOVERNVOUAL AGENCY VEHICLE --
ALLOCATE $10,000.
64. DISCUSS AND DEFER CONSIDERATION OF DISCUSSION
PROPOSED RESOLUTION TO APPROVE PAYMENT 2/29/96
($7,500) OF ADMINISTRATIVE FEE TO THE
FLORIDA SHERIFFS ASSOCIATION (FOR USE
OF COOPERATIVE BID 95-03-0925), TO
PROCURE 200 1996 CROWN VICTORIA PURSUIT
VEHICLES.
65. CLAIM SE rL,EMENr: AWILDA CENIENO, R 96-138
INDIVIDUALLY AND AS PERSONAL 2/29/96
REPRESENTATIVE OF ESTATE OF FERMIN
ALAMEDA, DECEASED, ARNOLDO ALAMEDA,
NANCY ALAMEDA, NOEMI GONZALEZ, RAUL
MALONADO, EACH INDIVIDUALLY, AND NELLIE
GOMEZ, NATURAL PARENT / GUARDIAN OF
RODDY ALAMEDA ($600,000).
66. RESCIND RESOLUTIONS 87-1007 AND 87- R 96-139
1008 -- DECLARE COMMISSION INTENT TO 2/29/96
MAINTAIN IN PERPETUITY PROPERTY DONATED
BY THE BRICKELL FAMILY IN 1924, AT 501
BRICKELL AVENUE, INCLUDING PRIVATE
BURIAL GROUND, AS BRICKELL PARK.
67. AUTHORIZE ACQUISITION OF REQUIRED R 96-140
LIBRARY REINFORCED BOOKCASE UNITS FOR 2/29/96
LAW DEPARTMENT -- FROM THOMAS W. RUFF &
COMPANY (UTILIZING SCHOOL BOARD OF
BROWARD COUNTY BID 95-004H) -- ALLOCATE
$44,000.
68. CLASSIFY 10,000 ROUNDS OF .38 CALIBER R 96-141
AMMUNITION AS CATEGORY "A" SURPLUS 2/29/96
STOCK -- DONATE AMMUNITION, IF
AVAILABLE, TO CITY OF WEST MIAMI.
69. ACCEPT PLAT: KORTH ESTATES.
R 96-142
2/29/96
70. ACCEPT BID: HORIZON CONTRACTORS, INC. R 96-143
($160,038, TOTAL BID OF PROPOSAL) -- 2/29/96
FOR COCONUT GP.OVE IMPACT FEE STORM
SEWER PROTECT B-5622 -- ALLOCATE
$160,038 (CONTRACT COST), $26,535.32
(ESTIMATED EXPENSES), $186,573.32
(ESTIMATED TOTAL), FROM CIP 352292.
247-248
248-249
250-255
255-256
256-257
257-258
258-260
260-261
71.
ACCEPT BID: VENECON, INC. ($200,000,
R 96-144 261-262
TOTAL BID OF PROPOSAL) -- FOR GIBSON
2/29/96
PARK RECREATIONAL BUILDING RENOVATION
B-6228 -- ALLOCATE FUNDS (TOTAL:
$240,660) FROM CIP 331384 & 331341.
72.
(A) ACCEPT BID: ACTION LAND
R 96-145 262-265
DEVELOPMENT, INC. ($1,443,103.2, TOTAL
2/29/96
BID OF PROPOSAL) -- FOR ORANGE BOWL
MODERNIZATION PHASE III, SUPERBLOCK
DEVELOPMENT SOUTH, SECOND BIDDING, B-
6249 -- ALLOCATE $1,443,103.62
(CONTRACT COST), $212,211.20 (ESTIMATED
EXPENSES), $1,655,314.82 (ESTIMATED
TOTAL), FROM CIP 404240.
(B) DIRECT MANAGER TO PREPARE
MEMORANDUM STATING THAT THIS IS THE
LAST TIME THERE SHALL BE ANY COST
OVERRUNS ON ORANGE BOWL MODERNIZATION
PROJECTS.
73.
ACCEPT BID: DESIGN AWNING AND
R 96-146 265-266
STRUCTURES, INC. ($104,400, TOTAL BID
2/29/96
OF PROPOSAL) -- FOR BAYFRONT PARK SOUTH
END - STAGE CANOPY, B-3256 -- ALLOCATE
$104,400 (CONTRACT COST), $5,887
(ESTIMATED EXPENSES), $110,287
(ESTIMATED TOTAL), FROM CIP 331393.
74.
INSTRUCT CITY ATTORNEY TO PROVIDE ALL
R 96-147 267-269
COMMISSIONERS WITH COPIES OF ALL
2/29/96
WRITTEN LEGAL OPINIONS ON REQUESTED BY
A COMMISSIONER.
75.
(A) INSTRUCT CITY ATTORNEY TO NOTIFY
R 96-148 269-274
COMMISSION UPON ENGAGEMENT OF OUTSIDE
R 96-148.1
LEGAL COUNSEL FOR $4,500 OR LESS.
2/29/96
(B) ALLOCATE $10,000 FOR RONALD
KRONCOLD, ESQ., SPECIAL COUNSEL,
CONCERNING MIAMI HEAT NEGOTIATIONS.
76.
DISCUSSION CONCERNING PURCHASE OF
DISCUSSION 275-280
SURPLUS MOTOR POOL EQUIPMENT BY
2/29/96
DOMINICAN MUNICIPALITY LEAGUE -- DIRECT
ADMINISTRATION TO AUCTION SURPLUS
EQUIPMENT AT MOTOR POOL.
77.
APPROVE ACQUISITION OF PRINTING
R 96-149 281-282
SERVICES FROM TIME LINE OF MIAMI,
2/29/96
INC. -- FOR PRINTING ACCREDITATION
SEALS TO AFFIX ON MARKED CITY OF MIAMI
POLICE CARS -- ALLOCATE FUNDS ($6,696)
FROM LAW ENFORCEMENT TRUST FUND (LETF).
78. APPROVE REQUEST FROM DEPARTMENT OF OFF- R 96-150
STREET PARKING TO HIRE OUTSIDE COUNSEL 2/29/96
IN CONNECTION WITH PENDING LAWSUIT BY
STATE OF FLORIDA INVOLVING THREE
GOVERN ENrAL AGENCIES.
79.
AMEND RESOLUTION 96-68 CONCERNING
R 96-151
COCON[Tr GROVE ARTS FESTIVAL (FEBRUARY
2/29/96
17-19, 1996 ) -- AUOCATE $60, 000.
80.
GRANT REQUEST FOR FEE WAIVERS ($6,800
R 96-152
FOR POLICE AND FIRE -RESCUE SERVICES) BY
2/29/96
YWCA OF GREATER MIAMI CONCERNING THE
GREATER MIAMI RACE FOR THE CURE EVENT
(MAY 11, 1996).
81.
APPROVE LEASE AGREEMENT CONCERNING
R 96-153
EDMWATER POLICE MINI -STATION AT 2415
2/29/96
BISCAYNE BOULEVARD.
82.
INSTRUCT MANAGER TO ISSUE REP FOR
M 96-154
VIRGINIA KEY MARINA PROJECT.
2/29/96
83.
DISCUSS AND DEFER TO NEXT MEETING
DISCUSSION
APPLICATION OF SECTION 108 LOAN FOR
2/29/96
VIRGINIA KEY CAMPGROUND.
84.
ACCEPT DONATION ($14,000 WORTH OF
R 96-155
IMPROVEfy1E Ts) FROM THE BRICKELL AREA
2/29/96
ASSOCIATION, THE DOWNTOWN DEVELOPMENT
AUTHORITY (DDA), AND THE ALLEN MORRIS
COMPANY -- FOR RENOVATION OF BRICKELL
MINI -PARKS AT BRIC= PLAZA AND S.E.
10 STREET (BRICKELL PROMENADE), AS PART
OF BRICKELL VILLAGE PROJECT.
85.
APPROVE LIST OF COMMERCIAL FACADES
R 96-156
SUBMITTED BY SMALL BUSINESS OPPORTUNITY
2/29/96
CENTER, INC. (2140 W. FLAGLER STREET,
101 & 115 S.W. 12 AVENUE, 1158, 1162,
1164 & 1184 S.W. 1 STREET).
86.
RESCIND RESOUTrION 93-808 (DECEMBER 16,
R 96-157
1993) , C OMITTING, IN PRINCIPLE, UP TO
2/29/96
$1.35 MILLION AS TICKET GUARANTEE FOR
AWARD OF ORANGE BOWL AS SITE FOR 1996
SOCCER MATCHES -- ALLOCATE $200,000
FROM (ORANGE BOWL FUNDS) TO SOUTH
FLORIDA SOCCER ORGANIZING COMMITTEE TO
ASSIST WITH PROMOTING OLYMPIC SOCCER.
282-284
284-285
285-286
286-287
287-288
290
291-292
292-293
87. AUTHORIZE MANAGER TO NEGOTIATE / R 96-158
E�OrCU!'E REVOCABLE PERMIT WITH 2/29/96
GUANY'ANAMO REFUGEE ASSISTANCE PROJECT
(GRASP), A UNITED WAY FUNDED AGENCY --
FOR USE OF FORMER PARKS AND RECREATION
BUILDING AT 1390 N.W. 7 STREET.
88. ACCEPT BID: R. TARAFA GENERAL R 96-159
CONTRACTOR -- FOR CONVERSION OF TENNIS 2/29/96
COURT TO BASSK}7PRAT L COURT AT BUENA
VISTA PARK -- ALLOCATE $12,820 FROM
CDBG FUNDS (PROJECT 701405).
89. BRIEF COMMENTS BY COMMISSIONER PLUMMER DISCUSSION
CONCERNING ST. HUGH OAKS. 2/29/96
90. DISCUSS AND CONTINUE PZ-1 (APPEAL
REGARDING CONSTRUCTION /
INSTALLATION OF CELLULAR
COMMUNICATIONS FACILITY AT 8425
BISCAYNE BOULEVARD. [Applicants:
T.N.A. Palms Inc. (owners) /
BellSouth Mobility Inc. (lessee).
Appellant: BellSouth Mobility.])
91. CLOSE / VACATE / ABANDON /
DISCONTINUE PUBLIC USE OF
PORTIONS OF N.W. 3 COURT, N.W. 4
AVENUE, N.W. 22 LANE, N.W. 22
TERRACE AND N.W. 22 STREET --
TENTATIVE PLAT NO. 1452-C
"WYNWOOD INDUSTRIAL COMPLEX."
[Applicant: Wynwood Community
Economic Development / Dade
Foreign Trade Zone.] (See label
94)
92. CONTINUE PZ-3 (PROPOSED SPECIAL
EXCEPTION TO ALLOW FINANCIAL
DRIVE -THROUGH FACILITY AT 2200 S.
DIXIE HIGHWAY. [Applicant: Tri-
W Investment Co. of Dade County
(owner) / J.P. O'Neill for Bank
Atlantic, FSB (buyer).])
93. BRIEFLY DISCUSS AND TEMPORARILY
TABLE PROPOSED SECOND READING
ORDINANCE TO AMEND CODE
CONCERNING FEES ASSOCIATED WITH
APPLICATION FOR / ISSUANCE OF
MAJOR USE SPECIAL PERMIT FOR
DEVELOPMENT ACTIVITY IN
DESIGNATED CITY REDEVELOPMENT
DISTRICT. (See label 95)
DISCUSSION
2/29/96
R 96-160
2/29/96
DISCUSSION
2/29/96
DISCUSSION
2/29/96
293-295
295-297
297-298
299-300
300-301
301
302
94.
(Continued) LUCIA DOUGHERTY PROFFERS
DISCUSSION 302-304
VOLUNTARY CONTRIBUTION ($75,000) FOR
2/29/96
WYNWOOD AREA IMPROVEMENTS. (See label
91)
95.
(Continued) SECOND READING
ORDINANCE 304-305
ORDINANCE: AMEND CODE, ARTICLE
11344
VI ( ZONING AND PLANNING FEES) ,
2/29/96
CHAPTER 62 -- PROVIDE NEW METHOD
FOR CALCULATION OF FEES WHEN
MULTIPLE VARIANCES ARE REQUESTED
FOR ONE STRUCTURE. [Applicant:
Community Planning &
Revitalization Dept.] (See label
93)
96.
SECOND READING ORDINANCE: AMEND CODE,
ORDINANCE 305-306
ARTICLE VI (ZONING AND PLANNING FEES),
11345
CHAPTER 62 -- ADD NEW SECTION 62-63 TO
2/29/96
PROVIDE FOR PARTIAL DEFERMENT OF
CERTAIN FEES ASSOCIATED WITH
APPLICATION FOR / ISSUANCE OF MAJOR USE
SPECIAL PERMIT FOR DEVELOPMENT ACTIVITY
IN DESIGNATED CITY REDEVELOPMENT
DISTRICT.
97.
FIRST READING ORDINANCE: AMEND
ORDINANCE 306-309
MIAMI COMPREHENSIVE NEIGHBORHOOD
FIRST READING
PLAN (MCNP ORDINANCE 10544)
2/29/96
FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 2100 S.W.
22 STREET FROM OFFICE TO
RESTRICTED COMMERCIAL.
[Applicant(s): Bruce C. Fernald
for Mutual Life Insurance Co. of
New York.]
98.
FIRST READING ORDINANCE: AMEND
ORDINANCE 309-310
ZONING ORDINANCE 11000 ATLAS --
FIRST READING
CHANGE DESIGNATION AT 2100 S.W.
2/29/96
22 STREET FROM 0 OFFICE TO C-1
RESTRICTED COMMERCIAL.
[Applicant(s): Bruce C. Fernald
for Mutual Life Insurance Co. of
New York.]
99. DISCUSS AND CONTINUE:
(A) PZ-8 (PROPOSED FIRST READING
ORDINANCE TO AMEND MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN
(MCNP ORDINANCE 10544) FUTURE
LAND USE MAP, CHANGING LAND USE
DESIGNATION AT 521-23-25-27-35-
37-45 N.W. 23 COURT FROM DUPLEX
RESIDENTIAL TO RESTRICTED
COMMERCIAL. [Applicant(s): Luis
& Norma Calix, Jesus Noal, Maximo
Loynaz & Sergio Fiallo (owners).]
(B) PZ-9 (PROPOSED FIRST READING
ORDINANCE TO AMEND ZONING
ORDINANCE 11000 ATLAS, CHANGING
DESIGNATION AT 521-23 / 525-27 /
535-37 & 545 N.W. 23 COURT FROM
R-2 TWO-FAMILY RESIDENTIAL TO R-3
MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL. [Applicant(s):
Luis & Norma Calix, Jesus Noal,
Maximo Loynaz & Sergio Fiallo
(owners).]
100. DISCUSS AND CONTINUE:
(A) PZ-10 (PROPOSED FIRST READING
ORDINANCE TO AMEND MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN
(MCNP ORDINANCE 10544) FUTURE
LAND USE MAP, CHANGING LAND USE
DESIGNATION AT 3601 S.W. 22
TERRACE FROM DUPLEX RESIDENTIAL
TO RESTRICTED COMMERCIAL.
[Applicant(s): Universal Realty
& Development Inc..])
(B) PZ-11 (PROPOSED FIRST READING
ORDINANCE TO AMEND ZONING
ORDINANCE 11000 ATLAS, CHANGING
DESIGNATION AT 3601 S.W. 22
TERRACE FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL. [Applicant(s):
Universal Realty & Development,
Inc.])
DISCUSSION
2/29/96
DISCUSSION
2/29/96
310-314
314-317
1
101.
SECOND READING ORDINANCE: AMEND
ORDINANCE
317-318
ZONING ORDINANCE 11000 TEXT,
11346
ARTICLE 9, SECTION 905.2
2/29/96
(SEPARATION OF RESIDENTIAL AND
NONRESIDENTIAL USES), AND SECTION
908.8 (FENCES, WALLS AND
HEDGES -- ADD REGULATIONS
PERTAINING TO FINISHING OF WALLS
ON BOTH SIDES. (Applicant:
Community Planning &
Revitalization Dept.]
102.
CONTINUE PZ-13, PZ-14, PZ-15, PZ-
DISCUSSION
319
16 & PZ-17 TO MARCH 28TH MEETING.
2/29/96
103.
VICE MAYOR GORT READS LETTER FROM CITY
DISCUSSION
319-320
OF SWEETWATER WISHING CITY OF MIAMI A
2/29/96
HAPPY 100TH BIRTHDAY.
104.
COMMISSIONER PLUMMER REPORTS ON
DISCUSSION
320
SUCCESS OF MIAMI CENTENNIAL PARTY
2/29/96
(FEBRUARY 24, 1996).
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 29th day of February, 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 9:08 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Stephen P. Clark
Vice Mayor Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Cesar H. Odio, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Joe Carollo
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,
Administration with rew the following agenda items: CA-11, 27,
29, 56, 57, 60, 62, 74, 76, 90, 96, & 97.
1 February 29, 1996
----------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
----------------------------------------------------------------------------------------------------------------
(A) Proclamation: CHARLEE Week Program -- for commitment to well-being of
emotionally disturbed children.
(B) Proclamation: Dr. Dazelle Simpson -- for outstanding community work.
A Commendation: Robert Granoff -- for his contributions and endeavors on behalf of
the needy.
(D) Commendations: Officers Jose M. Garcia and Luis Diazlay -- Most Outstanding
Officers for the Month (November, 1995).
(E) Commendation: Officer Wilfredo Perez -- Most Outstanding Officer of the Month
(December, 1995).
(F) Presentation to Mayor Clark: United Nations 50th Anniversary (by Sylvia McLeod,
President, Greater Miami Chapter, United Nations Association).
(G) Presentation to Mayor Clark: $1,000 check for City of Miami Parks and Recreation
Department.
NOTE FOR THE RECORD: Commissioner Carollo enters the
ommission Chamber at 9:13 a.m.
Mayor Clark: Mr. Manager, what item is De Hostos on?
Mr. Cesar Odio (City Manager): I think it's 34... No. De Hostos. Which one? Let me look,
Mr. Mayor. Number 40.
Mayor Clark: Number what?
Mr.Odio: Forty.
Mayor Clark: Well, we'll bring that up out of order as soon as we get the consent agenda
approved.
2 February 29, 1.996
2. CONSENT AGENDA.
Mayor Clark: We have the consent agenda for the Commission's perusal and accordance with.
Do we have to approve the minutes first, Mr....?
Mr. Walter Foeman (City Clerk): No, Mr. Mayor.
Mayor Clark: Approved the minutes at the last meeting. Is there a motion?
Mr. Foeman: No, Mr. Mayor. We have no minutes at this time.
Mayor Clark: OK. All right. Any discussion on the consent agenda?
Mr. Manuel Gonzalez-Goenaga: Yes, Your Honor.
Mayor Clark: Yes, sir.
Mr. Gonzalez-Goenaga: My name is "Boom -Boom" Gonzalez-Goenaga. I reside at 2469
Southwest 14th Street, Miami, Florida, once in a while, Sometimes in the Dade County Jail,
thanks to the Emperor Odio. I want to speak and clarification on item... on consent agenda 2, 4,
S, 6, 7, 8, and 9.
Mayor Clark: OK.
Mr. Gonzalez-Goenaga: Regarding issue number 2 and issue number 7. Issue number 7 is the...
2 is for the Wynwood, the Puerto Rican area - and I am Puerto Rican - and number 7 is the
funding of the Bay of Pigs Invasion. CA-7 is regarding the funding of the Bay of Pigs Invasion.
Regarding number 2, in conjunction with number 7, I would like to have a specific disclosure of
the uses of those funds. Because the problem here in this third world un-American City of
Miami, is lack of full and straight accountability, for the particular reason that the internal
auditor of the City of Miami is appointed by the Emperor, and he can be hired and fired if he
doesn't agree with the Emperor. And I urge all employees of the City of Miami that know of
wrongdoings in the City of Miami, you have a moral, ethical, and legal obligation to be a whistle
blower. This Commission... I have said it, Commissioners, many, many times, and nobody has
paid attention, that this is a government of deceit and fraud, starting not from the bottom up, but
from the top down. And then on number... I think that the word "cojones" is now allowed, since
it was mentioned in the United Nations.
Mayor Clark: Well...
Mr. Gonzalez-Goenaga: I am not going to use it.
Mayor Clark: ... let me say this. This is not the United Nations.
Mr. Gonzalez-Goenaga: Well, we just gave...
Mayor Clark: OK. All right. Whatever you say.
Mr. Gonzalez-Goenaga: Well, I am going to use then a quote of my grandfather.
February 29, 1996
Mayor Clark: OK. That's good.
Mr. Gonzalez-Goenaga: A quote of my grandfather is: Before giving children pan - that means
bread - give them "verguenza." And I have an excess of "verguenza" and very little bread today.
Thank you very much.
Mayor Clark: All right. Thank you very much. On the consent agenda, any other discussion?
(APPLAUSE)
Commissioner Plummer: Move for adoption.
Mayor Clark: Move the adoption. Is there a second? All right. It's been moved and seconded.
Mr. Clerk, would you please call the roll on the consent agenda.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT 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 PLUMMER AND SECONDED BY
VICE MAYOR GORT, 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.
4 February 29, 1996
F"R
2.1. ACCEPT BIDS: (1) CARIBBEAN PAINTS, (2) REX-TONE, INC., AND (3) STEIN
PAINT COMPANY -- FOR FURNISHING PAINT / SUPPLIES FOR VARIOUS CITY
DEPARTMENTS.
RESOLUTION NO. 96-84
A RESOLUTION, ACCEPTING THE BIDS OF CARIBBEAN PAINTS,
REX-TONE, INC., AND STEIN PAINT COMPANY FOR THE
FURNISHING OF PAINT AND PAINT SUPPLIES FOR VARIOUS
CITY DEPARTMENTS, ON AN AS NEEDED BASIS FOR A PERIOD
OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, AT A TOTAL ESTIMATED
ANNUAL COST OF $45,000.00; ALLOCATING FUNDS THEREFOR
FROM THE FY '95-96 OPERATING BUDGETS OF THE USING
DEPARTMENTS AS NEEDED; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR SAID SERVICES AND
THEREAFTER TO EXTEND SAID CONTRACT AT THE SAME
PRICE, TERMS AND CONDITIONS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.2. ALLOCATE $5,600 FROM COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS (PROJECT 799602) -- FOR REHABILITATION OF 4 BUSINESSES
IN WYNWOOD / EDGEWATER TARGET AREA -- UNDER COMPREHENSIVE
CITYWIDE COMMERCIAL FACADE REHABILITATION TREATMENT
PROGRAM.
RESOLUTION NO. 96-85
A RESOLUTION AUTHORIZING THE ALLOCATION OF $5,600.00
FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(PROJECT 799602) FOR THE REHABILITATION OF FOUR (4)
BUSINESSES LOCATED IN THE WYNWOOD/EDGEWATER
TARGET AREA UNDER THE COMPREHENSIVE CITYWIDE
COMMERCIAL FACADE REHABILITATION TREATMENT
PROGRAM, SAID FUNDS TO BE DISBURSED AS HEREIN
SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5 February 29, 1996
fiR
AA
2.3. ACCEPT BIDS: (1) A & A/U.S. AUTO GLASS COMPANY ($10,000), AND (2)
SAFELITE GLASS CORPORATION ($4,000) -- FOR FURNISHING AUTO / TRUCK
GLASS REPAIR SERVICES.
RESOLUTION NO. 96-86
A RESOLUTION ACCEPTING THE BIDS OF A & A/U.S. AUTO
GLASS COMPANY IN THE AMOUNT OF $10,000.00 AND
SAFELITE GLASS CORPORATION IN THE AMOUNT OF $4,000.00
FOR THE FURNISHING OF AUTO AND TRUCK GLASS REPAIR
SERVICES FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTENEHICLE AND
EQUIPMENT ADMINISTRATION DIVISION, ON A CONTRACT
BASIS FOR ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE YEAR PERIODS, AT AN ANNUAL
COST OF $14,000,00; ALLOCATING FUNDS THEREFOR FROM
THE FY '95-96 OPERATING BUDGET, ACCOUNT CODE NO.
420901-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID SERVICE AND THEREAFTER TO EXTEND
SAID CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS, AT THE SAME TERMS, PRICE AND CONDITIONS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.4. AUTHORIZE MANAGER TO EXTEND AGREEMENT WITH NATIONAL
ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES (NOBLE) FOR
ONE YEAR -- ALLOCATE $34,300.60 FROM LAW ENFORCEMENT TRUST FUND
(LETF).
RESOLUTION NO. 96-87
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND THE EXISTING AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH THE NATIONAL
ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES
("NOBLE"), FOR AN ADDITIONAL ONE-YEAR PERIOD;
ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF
$34,300.60, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURES 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.)
6 February 29, 1996
2.5. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH HOWARD GAZZO
COURT REPORTING -- TO PROVIDE STENOGRAPHIC SERVICES FOR POLICE
DEPARTMENT -- ALLOCATE $22,000.
RESOLUTION NO. 96-88
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH HOWARD
GAZZO COURT REPORTING, FOR A PERIOD OF ONE (1) YEAR,
WITH THE OPTION TO EXTEND FOR ONE (1) ADDITIONAL
YEAR, TO PROVIDE STENOGRAPHIC SERVICES FOR THE
POLICE DEPARTMENT; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $22,000, FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE
NO. 290201-270.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.6. AUTHORIZE MANAGER TO EXECUTE AGREEMENTS WITH INDIVIDUALS TO
PROVIDE LATENT PRINT EXAMINER SERVICES FOR POLICE DEPARTMENT --
ALLOCATE $39,000.
RESOLUTION NO. 96-89
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH INDIVIDUALS
TO PROVIDE LATENT PRINT EXAMINER SERVICES FOR THE
POLICE DEPARTMENT; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $39,000, FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE
NO. 290201-270.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.7. ALLOCATE $20,000 IN SUPPORT OF BAY OF PIGS VETERANS ASSOCIATION,
BRIGADE 2506.
RESOLUTION NO. 96-90
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$20,000 FROM SPECIAL PROGRAMS AND ACCOUNTS IN
SUPPORT OF THE BAY OF PIGS VETERANS ASSOCIATION,
BRIGADE 2506; SAID ALLOCATION CONDITIONED UPON SAID
ASSOCIATION'S COMPLIANCE WITH REQUIREMENTS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE.
7 February 29, 1996
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.8. CLAIM SETTLEMENT: BENJAMIN FULLINGTON ($75,000).
RESOLUTION NO. 96-91
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY BENJAMIN FULLINGTON, THE SUM OF $75,000.00,
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. 94-536-CA (09);
ALLOCATING FUNDS THEREFOR 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.)
2.9. CLAIM SETTLEMENT: WALTER LEWIS WILLIAMS ($52,710).
RESOLUTION NO. 96-92
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY WALTER LEWIS WILLIAMS, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $52,710.00, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI IN UNITED STATES DISTRICT
COURT, CASE NO. 92-1699-CIV-GRAHAM, UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF
MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE 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.)
8 February 29, 1996
t
2.10. AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO MEMORANDUM OF
AGREEMENT (DATED JULY 1, 1995) WITH METROPOLITAN DADE COUNTY
DEPARTMENT OF HUMAN RESOURCES (OFFICE OF COMMUNITY
SERVICES) -- FOR USE OF $12,573.56 IN FY 1993 HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA) PROGRAM FUNDING -- TO PROVIDE
UTILITIES ASSISTANCE TO ELIGIBLE PERSONS WITH HIV / AIDS / RELATED
DISEASES.
RESOLUTION NO. 96-93
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO THE MEMORANDUM OF AGREEMENT,
DATED JULY 1, 1995, WITH METROPOLITAN DADE COUNTY,
DEPARTMENT OF HUMAN RESOURCES (OFFICE OF
COMMUNITY SERVICES), FOR THE USE OF $12,573.56 IN FISCAL
YEAR 1993 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
("HOPWA") PROGRAM FUNDING, SAID FUNDING TO PROVIDE
UTILITIES ASSISTANCE TO ELIGIBLE PERSONS WITH HIV/AIDS,
OR RELATED DISEASES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.11. CLASSIFY CONFISCATED CANNONDALE 27 INCH MEN'S BICYCLE AS
CATEGORY "A" SURPLUS STOCK -- DONATE SAME AS GIFT TO RETIRED
POLICE SERGEANT ALFREDO DOMINGUEZ, IN APPRECIATION OF HIS
DISTINGUISHED SERVICE AS MEMBEER OF POLICE BICYCLE DETAIL.
RESOLUTION NO. 96-94
A RESOLUTION CLASSIFYING A CONFISCATED CANNONDALE
27 INCH MEN'S BICYCLE, SERIAL NO. B103301-52205902000, AS
CATEGORY "A" SURPLUS STOCK; FURTHER DONATING THE
SAME AS A GIFT TO RETIRED SERGEANT OF POLICE ALFREDO
DOMINGUEZ, IN APPRECIATION OF HIS DISTINGUISHED
SERVICE AS A MEMBER OF THE POLICE DEPARTMENT'S
BICYCLE DETAIL, CONTINGENT UPON THE EXECUTION OF THE
APPROPRIATE RELEASE 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.)
9 February 29, 1996
2.12. ACCEPT PLAT: MIC-VIC.
RESOLUTION NO. 96-95
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED: MIC-VIC, 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.)
2.13. AUTHORIZE MANAGER TO ACCEPT / DEPOSIT FUNDS COLLECTED FOR
MIAMI SISTER CITIES GALA HONORING MAYOR STEPHEN P. CLARK
(MARCH 30, 1996).
RESOLUTION NO. 96-96
A RESOLUTION RELATED TO THE MIAMI SISTER CITIES GALA
HONORING MAYOR STEPHEN P. CLARK, ORGANIZED BY THE
MIAMI SISTER CITIES COORDINATING COUNCIL, TO BE HELD
AT THE RADISSON HOTEL ON MARCH 30, 1996; AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEES) TO ACCEPT AND
DEPOSIT ALL FUNDS COLLECTED FOR SAID GALA IN THE
DESIGNATED SISTER CITY FUND ACCOUNT, AND TO DISBURSE
SAID FUNDS, IN AN AMOUNT NOT TO EXCEED THE AMOUNT
COLLECTED FOR SAID GALA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Commissioner Carollo: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Carollo: Some of the items that are coming up are really just housekeeping items.
to appoint people to boards. Would you like to maybe skip over those item till we...
Mayor Clark: I will. What I want to do... There's a lot of people here on Hostos, number 30
what?
Vice Mayor Gort: Forty.
10 February 29, 1996
----------------------------------------------------------------------------------------------------------------
3. RECONSIDER PRIOR DECISION -- ALLOCATE $10,000 EMERGENCY
FUNDS FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS -- FOR FOOD FOR 110 SENIOR CITIZENS AT DE HOSTOS SENIOR
CENTER (2902 N.W. 2 AVENUE).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 40.
Mr. Cesar Odio (City Manager): On 40.
Commissioner Dawkins: What is 40?
Mayor Clark: Well, we'll bring it up right now.
Vice Mayor Gort: It's the senior citizens here.
Commissioner Dawkins: OK.
Mayor Clark: Item number 40.
(APPLAUSE)
Mayor Clark: Representation... Please pull the mike down and give us your name and address.
No, that's all right, folks. Relax. Yes, ma'am.
Ms. Betzaida Ferrer: Good morning. My name is Betzaida Ferrer. I'm the executive director
of De Hostos Senior Center. And we're located at 2902 Northwest 2nd Street in Miami. The
reason I come before you today is because I inherited a budget that's absolutely impossible to
work with, given the nature of our Center. We have with the City of Miami a contract to provide
56,466 meals at De Hostos, at the main site, in addition to 25 lunches at Phyllis Wheatley and a
new program that we began through the County at the 3000 Building, at the Senior Residential
Center. To date, every quarter we have provided approximately, just for De Hostos alone,
13,384 meals. That includes the breakfast snack, the weekend meals, and the lunch program.
And this is the only hot meal many of our residents receive. Our major problem, as I look at the
overall picture, is that in the 1990 census, when seniors were counted, it was those that were
wealthy, in Miami Beach, and Perrine, and in North Florida. So when I have reached out to the
community, the perception is that the seniors of Miami are better off than anywhere else in the
nation. I think this is a misconception, and I bring it to the County and the City in this case
because the cuts that are being projected for this State for the seniors is 80 percent. This is part
of the research that I have been doing in the short time that I've been with De Hostos. Which
means that as I go out and try to cut and get new resources to bring in food for the elderly, to
make up for this deficit... We have zero funding in the City under food, and we have zero
funding for food in the County at this time.
Mayor Clark: Could you give us some figures now of what you have and what you would like to
have?
Ms. Ferrer: Yes.
11 February 29, 1996
Mr. Odio: Mr. Mayor, they are requesting ten thousand dollars ($10,000) for this current year, to
meet their food requimments. And I do have to recommend that. We cannot let people go
hungry.
Commissioner Carollo: Well, I make the motion for that.
Commissioner Plummer: Second.
Mayor Clark: Second the motion. Any further discussion?
Commissioner Dawkins: Under discussion.
Mayor Clark: All right.
Commissioner Dawkins: This is not the only group out there feeding people that's short. And
when the others come up here for ten thousand dollars ($10,000), let's reach to the same bag and
provide it.
Mr. Odio: That's correct.
Commissioner Dawkins: I agree that the people should not be hungry. But I assure you that
either between now and the next meeting, we will have other groups that we have cut short who
will be here, and we cannot afford to let people go hungry. I agree.
Ms. Ferrer: Thank you.
Commissioner Dawkins: And I go on record as stating, come on down here and show me that
you're short, and get your ten thousand dollars ($10,000).
Mayor Clark: All right. Call the roll, Mr. Clerk.
Commissioner Plummer: Mr. Mayor, you know, I think we have to echo very loudly, so people
don't misunderstand later. The Federal funds are drying up. Be aware. We can't give you or
anyone else something we don't have. And I'm going to tell you, from what I'm looking at, and
what you've just said, our "have to give out" is going to be cut, and cut, and cut. And it's going
to cause some very serious problems in this community... every community that's getting cut.
So, you know, you can come down here, you can ask, and if we've got, you're going to get. But
I can tell you, in the years to come, from what I'm looking at, I don't see a bright picture.
Commissioner Dawkins: Mr. Mayor, nothing could be farther from the truth. Commissioner
Plummer is correct. With the Republican Administration and their contract against Americans,
many persons are going short.
Commissioner Plummer: That's right.
Commissioner Dawkins: But I will not go along with Commissioner Plummer, saying that the
money is short and you will come down empty-handed. Those who come for food will get
money for food, and those who come for other things will get shorted. The money will run out.
But if we have decided today that we need to feed those senior citizens who have contributed so
much to the making and the well being of this country, then so be it.
Commissioner Plummer: Commissioner, there is no one, including yourself, who has fought
harder for the theory of feeding the people and taking care of the sick, and the rest we'll worry
about later. This Commissioner has fought that since day one, and will continue to fight it. My
statement was the funds are going to get cut, cut, cut. And it's going to be more difficult.
12 February 29, 1996
Commissioner Dawkins: And I say to you, it's no time more for theory. Now it's time to
implement.
Commissioner Plummer: You bet your hippy.
Mayor Clark: All right. Now we've had the discussion. Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-97
A RESOLUTION ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF
$10,000.00, FROM SPECIAL PROGRAMS AND ACCOUNTS -CONTINGENT FUND,
FOR THE PURCHASE OF FOOD FOR THE ELDERLY SERVICES PROGRAM,
CONDUCTED BY THE DEHOSTOS SENIOR CENTER, INC. ("AGENCY"), FOR
RESIDENTS OF THE WYNWOOD TARGET AREA; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE AGENCY'S 21ST YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
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 Plummer: That who seconds the motion, the answer is yes.
Commissioner Dawkins: Feeling strongly that it's the right thing to do, I vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Clark: Now folks, your item has already finished, so if you want to go back to De
Hostos, you can. Thank you.
(APPLAUSE)
13 February 29, 1996
----------------------------------------------------------------------------------------------------------------
4. BRIEF COMMENTS CONCERNING AGENDA ITEMS 34 & 35
(ALLOCATION OF 22ND YEAR CDBG FUNDS AND ESTABLISHMENT OF
SPECIAL REVENUE FUNDS). (See label 38)
Vice Mayor Gort: Mr. Mayor, my understanding is...
Mayor Clark: Yes, Mr. Gort.
Vice Mayor Gort: My understanding is - correct me if I'm wrong - there are a lot of individuals
here thinking the awards are going to be made today for the CDBG (Community Development
Block Grant). My understanding is that's not going to be done today. Today, what we're going
to recommend is to put the application through. Am I correct? Because there might be a lot of
individuals here or associations thinking that we're going to make that decision today in specific.
Mr. Cesar Odio (City Manager): Well, you may want to take items... I think it's 34 and 35, and
that will take care of the whole.
Vice Mayor Gort: I don't know if the rest of my colleagues agree with me.
Commissioner Carollo: Thirty-five and 74 is it?
Commissioner Dawkins: Thirty-five and 34.
Mr. Odio: Yes, sir, 34 and 35, sir. Let me...
Commissioner Dawkins: Mr. Manager... I mean Mr. Manager, Mr. Mayor, and my fellow
Commissioners, I intend to discuss 34 and 35 in length, and this is my research, and I plan to go
through all of this on 34 and 35, right here, whenever we do it.
Vice Mayor Gort: No, no. Commissioner, I don't mean that. I think we should discuss that and
we have to discuss it. But I think there's a lot of people thinking the allocation is going to be
made today.
Commissioner Dawkins: All right. It's a lot of people out there that are correct. The allocations
will be adjusted today. They are correct.
Mayor Clark: OK, folks. De Hostos...
Commissioner Dawkins: Stay right here. Don't go no place.
Mayor Clark: De Hostos, are they in that group?
Commissioner Plummer: Has it gone through public hearing?
Ms. Betzaida Ferrer: Yes. Can we... Can we leave?
Mayor Clark: Yes. Your item has been approved, and thank you for being here.
Ms. Ferrer: Thank you so much.
14 February 29, 1996
k4
4 ,_
Mayor Clark: Thank you all, folks.
Ms. Ferrer: Can I tra late in Spanish? Because they don't understand, many of them.
Mayor Clark: "Muchas grac' '!
Ms. Ferrer: "Muchas gracias. Le han concedido los Tondos a De Hostos. Gracias por
acompanarnos, los Comisionados to han dado."
(APPLAUSE)
Ms. Ferrer: Pueden levantarse, por favor, y regresar.
Mayor Clark: Give us a moment while they clear the center. We're going to move on item
number 2 now, on the applications for individual appointments. I think we ought to hold those
up.
Commissioner Plummer: You didn't sign it.
Commissioner Carollo: What item?
Commissioner Dawkins: Two, on item 2.
----------------------------------------------------------------------------------------------------------
5. REQUEST DADE COUNTY CIRCUIT COURT TO GRANT CONTINUANCE
CONCERNING CITY'S PETITION FOR DECLARATORY RELIEF
REGARDING THE ARENA CONTRACT WITH DECOMA / MIAMI
LEISURE INTERNATIONAL -- DIRECT CITY ATTORNEY TO INFORM
DADE COUNTY ATTORNEY AND INTERIM LEGAL COUNSEL FOR
MIAMI SPORTS AND EXHIBITION AUTHORITY (MESA) OF SAID
ACTION.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: If I may, because we need an action of the Commission, to report to
you on the negotiating team negotiating in reference to the Arena. We had a very long meeting
yesterday.
Mayor Clark: Productive? Productive?
Commissioner Plummer: I think it was extremely productive, and I have really nothing to say
this morning, because an entirely new proposal was laid on the table yesterday. It is a proposal
that has very, very good ramifications. We have to put basically the math to the paper, and we
will be meeting all day tomorrow to do such. I have to give a great deal of credit to Mr. Tony
Ridder, whose office this meeting was held, and he was one of the ones who brought this new
proposal to the table, which is an entirely different and new concept, as opposed to what we were
working with presently. One of the factors that we have to take off of the table is asking the City
15 February 29, 1996
Attorney to continue the lawsuit of tomorrow, which is for a declaratory judgment, which would,
in fact, cloud the water. So at this time, I am asking that a motion - which I will make - is to take
and ask for a continuance on that case that is due tomorrow be done.
Mayor Clark: All right. You offered the motion?
Commissioner Plummer: And I so move.
Mayor Clark: Is there a second?
Commissioner Carollo: Second to that motion. If we could discuss the motion for a minute, I
second it.
Commissioner Plummer: Sure.
Commissioner Carollo: Mr. City Attorney, would you then inform the Dade County Attorney's
Office of our actions. I don't know if they would have to take any further actions also or not.
A. Quinn Jones, III, Esq. (City Attorney): Well, essentially, they've dovetailed on what we filed.
Commissioner Carollo: That's what I thought. Yeah.
Mr. Jones: Yeah. And hopefully, the Judge will have no objections. OK.
Commissioner Carollo: And if you could also inform the interim legal counsel for the Sports
Authority of...
Mr. Jones: Will do, Commissioner.
Commissioner Carollo: ... that the motion has been made.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: I would just say to you in concluding, there are some great, great
potential things in this proposal laid on the table, which is going to make everybody very happy
if we are able to come together with the math on the paper, which I think we're going to do.
Forget about any of the numbers that you've heard. Forget about anything you've heard.
Mayor Clark: They did a good job, I hear.
Commissioner Plummer: The new proposal is tremendously exciting.
Mayor Clark: All right. Call the roll.
Commissioner Dawkins: And this will be presented to the Commission when?
Commissioner Plummer: Sir, hopefully...
Commissioner Carollo: Next week.
Commissioner Plummer: I would hope definitely next week. We're meeting all day tomorrow,
Miller.
16 February 29, 1996
Commissioner Dawkins: Next week is...
Commissioner Carollo: Well, next week.
Commissioner Dawkins: Next week runs from Monday to Saturday.
Commissioner Plummer: No, Sunday.
Commissioner Dawkins: OK. No, no, that's my Sabbath.
Commissioner Plummer: Well, that's your problem.
Commissioner Dawkins: Well, what day between Monday and Friday can I expect to have
something?
Commissioner Plummer: Mr. Dawkins, I would hope that you would give us the latitude of
saying to you, sir, that we will have it to you the minute it is finished.
Commissioner Dawkins: I don't have a choice. I mean, but that's not saying anything. But I
don't have a choice.
Commissioner Carollo: As I...
Commissioner Plummer: Well...
Commissioner Dawkins: You're not saying that, "We will try to finish this on Tuesday, We will
try to finish this..." You're just saying, "Whenever I finish it."
Commissioner Plummer: No, sir. I'm going to try to finish... Let me answer you, sir.
Commissioner Dawkins: So that's good. Move the agenda.
Commissioner Plummer: I would hope... I might finish it tomorrow.
Mayor Clark: All right. Call the roll, Mr. Clerk. Call the roll on the motion.
17 February 29, 1996
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-98
A MOTION INSTRUCTING THE CITY ATTORNEY TO OBTAIN A
CONTINUANCE OF THE CITY'S PENDING LITIGATION SEEKING A
DECLARATORY JUDGEMENT REGARDING THE CONTRACT WITH
DECOMA/MIAMI LEISURE INTERNATIONAL; FURTHER, INSTRUCTING THE
CITY ATTORNEY, AS WELL AS THE INTERIM LEGAL COUNSEL FOR THE
MIAMI SPORTS AND EXHIBITION AUTHORITY OF SAID ACTIONS.
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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Carollo: Commissioner Plummer said he would finish by tomorrow. I vote yes.
Commissioner Plummer: No, I would like to. I'm tired. These marathon meetings are killing
me.
Commissioner Carollo: Believe me, I've been doing one after another on all of this with Mr.
Ridder, with many other people involved in this. So I can certainly understand how you feel,
Commissioner.
Commissioner Plummer: They so informed me, sir.
----------------------------------------------------------------------------------------------------------------
6. DIRECT MANAGER TO EXECUTE DOCUMENTS TO EFFECTUATE
DEVELOPMENT OF WYNWOOD FOREIGN TRADE ZONE COMPLEX --
UTILIZE $5.5 MILLION SECTION 108 LOAN GUARANTEE FROM U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD).
Mayor Clark: All right. Let's move to item number 2, discussion in connection with Wynwood
Community Development Corporation. Five point five...
Commissioner Plummer: Mr. Mayor, as your designee to that board and the person who has
been directly involved in the negotiations, there would be people who would say that we're
damn fools to approve this, where there is present litigation existing. There is no fear in behalf
of the City of Miami. This is personally... All of the expenses are being underwritten at this
18 February 29, 1996
present time by Mr. Meltzer. He is the principal in charge of this. He has agreed that, in fact,
according to the contract, if, in fact, the Wynwood Trade Zone were to be pulled by the court
action, which is before, which a lot of people don't think have a lot of merit, but some do, that,
in fact, everything reverts back to the City at no cost to the City. All of the improvements and
everything, and, of course, the loan. This loan of the Federal government is, in fact, a loan
which would be paid back to the City, and it is not going to be used in the primary instance. It
will be, in effect, like a collateral, but, in fact, it will be a loan paid back to the bank who is
putting forth the construction money. Mr. Mayor, at this time, I think that they have a proffer
that... No, that's not on this. The only thing that I just wanted to make very, very clear, so
people don't say, "Why did you give them a loan when there's litigation pending?" is the fact
that Mr. Meltzer personally... And he does have the ability to personally guarantee that this is
what is laid on the table, and what will happen. At such time, Mr. Mayor, I will move the issue.
I can move it now and second for discussion, if anybody has anything, and I'll try to answer any
questions.
Mayor Clark: Will there be any discussion?
Commissioner Carollo: Well, I'll second it for discussion.
Commissioner Plummer: Yes, sir. Questions.
Mayor Clark: You've moved it now for discussion. Go ahead.
Commissioner Carollo: Well, are their representatives here...
Commissioner Plummer: Yes, they're...
Commissioner Carollo: ... or their legal counsel so they could...
Commissioner Plummer: Counsel and the principal is here, and his lawyer is here.
Mr. Manuel Gonzalez-Goenaga: And a citizen.
Commissioner Plummer: And a citizen, I think.
Commissioner Carollo: Lucia.
Ms. Lucia Dougherty: Yes, sir.
Commissioner Carollo: Are you all satisfied how this is moving now?
Ms. Dougherty: Yes, sir.
Commissioner Carollo: I'm glad you're going to be satisfied in this issue, then.
Ms. Dougherty: Thank you.
Mayor Clark: Mr. Dawkins, you have the floor.
Commissioner Dawkins: What does this say?
Commissioner Plummer: Miller, I can't hear you.
Commissioner Dawkins: Ms. Attorney, what does this say? What we just said.
19 February 29, 1996
Ms. Dougherty: Commissioner Dawkins, at your December 7th meeting, you approved a loan
to the CDC (Community Development Corporation) and that...
Commissioner Dawkins: No, no, no. Tell me what we just said. What does that mean?
Ms. Dougherty: OK. All you have done today is actually checked the loan documents that were
approved before. You authorized the loan already. What you've done now is approved the loan
documents which guaranteed that in the event that either the lawsuit is lost or for some reason
the lessee is in default, that the land eventually will revert back to you. Automatically, in the
case that the lawsuit is lost, and by foreclosure of a mortgage, in the event that for some reason
it's been in default.
Commissioner Dawkins: You came here seeking what for your client?
Ms. Dougherty: We are seeking your approval and asking you to direct the Manager to execute
the loan documents.
Commissioner Dawkins: Did we say that?
Ms. Dougherty: Yes, sir.
Commissioner Dawkins: And what we just said?
Ms. Dougherty: Well...
Mayor Clark: In a motion you said that.
Commissioner Dawkins: Well, we didn't make no motion.
Mayor Clark: You made a motion.
Commissioner Dawkins: No, we did not.
Mayor Clark: Plummer did.
Commissioner Plummer: Yes, I did.
Commissioner Dawkins: OK. Hold it, hold it, hold it. Did we say to the Manager, "Go right
now with Mr. Rios and sign the agreement"? Did we say that?
Mr. Cesar Odio (City Manager): I don't know what you said.
Commissioner Dawkins: I know. I know you... Uh-huh. No, I'm not asking the Manager. I'm
asking my fellow Commissioners.
Commissioner Plummer: Sir, what we're saying is, is the fact that the loan is not with
Wynwood. is it?
Commissioner Dawkins: No. It's for the Wynwood Free Trade Zone, Inc.
Commissioner Carollo: Well, technically...
Commissioner Plummer: Yeah.
20 February 29, 1996
Commissioner Carollo: ... Commissioner, I think Commissioner Dawkins is right. We need to
clarify that motion. If you would do so as a motion, I'll second it.
Mr. Odio: That means he can sign it.
Commissioner Plummer: Means he can sign it. Absolutely.
Commissioner Dawkins: Beg your pardon.
Commissioner Plummer: He means if he can sign the document.
Commissioner Dawkins: Today.
Commissioner Plummer: Of course. Why not?
Commissioner Dawkins: OK. That's all...
Commissioner Plummer: The document is finished.
Commissioner Dawkins: OK.
Commissioner Carollo: Yeah. This would bring up the amount, then, to how much all together?
Commissioner PIummer: Five point five in this particular loan. And we're talking about a
possible additional loan of four point five.
Commissioner Carollo: OK.
Commissioner Dawkins: Go tell the people in Wynwood that we are finally getting it done.
Commissioner Carollo: Where is the status of the other loan for the four point five, Lucia?
Ms. Dougherty: I understand that the Federal government has approved it, and it's ready to be
authorized by you through another loan agreement.
Commissioner Plummer: They're bringing it back, Joe, and we'll...
Commissioner Carollo: OK. When do you expect that it could be all ready to be brought before
us?
Ms. Dougherty: I think you'd have to ask your Administration?
Mr. Elbert Waters: Well, we've... Mr....
Commissioner Carollo: Mr. Manager, do you know... Oh, I'm sorry.
Mr. Waters: I'm sorry. Good morning. For the record, EIbert Waters. We've transmitted that
request to HUD (Department of Housing and Urban Development)...
Commissioner Dawkins: Mr. Waters. Mr. Waters.
Mr. Waters: Yes, sir.
21 February 29, 1996
Commissioner Dawkins: In all due respect to you, you've just got here. Don't get in the middle
of this. OK? You have not had the time to read and digest this, and don't let anybody push you
out front on this, please. Let the Manager or somebody answer this who's been into this, please,
sir. Do me that favor. Thank you, sir. Let the Man... The Manager was here. The Manager is
familiar with this. Let the Manager answer.
Commissioner Carollo: Mr. Manager, when do you think we could have this before us?
Mr. Odio: We're talking about this contract or the other one?
Commissioner Plummer: No, the other one.
Commissioner Carollo: The following one, the one for the four point five.
Mr. Odio: The other one, when we get the reply from Washington on our application.
Commissioner Plummer: Sometime in March is what I'm looking at.
Mr. Odio: I don't know when it will be. Normally... I mean, this one went pretty fast. We
normally... on the first one. But we have not had a reply from Washington yet.
Commissioner Carollo: OK. Is there anything else that the City Commission can do to make
this process easier once it's approved, it gets back to them, and it's brought to us?
Mr. Odio: Well, I think that having worked out the first one, the second one should not be any
problem.
Commissioner Plummer: We can work out the second one just as easy or a lot easier now.
Mr. Odio: Much easier.
Commissioner Plummer: We would hope, Joe, March or April. But this... Understand, the
money that is in this particular will not be drawn down for the construction. This is the money
that will pay off the construction loan...
Ms. Dougherty: That's correct.
Commissioner Plummer: ... once that has been called. OK? Call the roll.
Mayor Clark: Anything further? Is there a second? It's been seconded?
Mr. Manuel Gonzalez-Goenaga: Hey, hey, I'm still...
Commissioner Dawkins: Joe seconded it.
Commissioner Plummer: Oh, I'm sorry. Yeah.
Mayor Clark: All right, Mr. Goenaga.
Mr. Gonzalez-Goenaga: Mr. "Boom -Boom" is back in Miami after a month and a half, and I
notice that without my presence, you Commissioners look like you have been in the Fountain of
Youth except Mr. Odio. And to finish this, the message... The message is very simple. This has
been going on and on and on, dilapidating the people's money, not your own pockets. Let's get
this act together, let's quickly, and let's create jobs. That's what we want here in Miami.
22 February 29, 1996
Mayor Clark: Thank you, sir. All right, call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-99
A RESOLUTION DIRECTING THE CITY MANAGER TO EXECUTE ALL OF THE
APPROPRIATE LEGAL DOCUMENTS IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, TO EFFECTUATE THE DEVELOPMENT OF THE WYNWOOD FREE
TRADE ZONE COMPLEX UTILIZING A $5.5 MILLION SECTION 108 LOAN
GUARANTEE FROM THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT ("HUD").
(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.
Mayor Clark: Thank you.
Ms. Dougherty: Thank you very much.
Mayor Clark: Thank you, Ms. Dougherty.
----------------------------------------------------------------------------------------------------------------
7. (A) INSTRUCT LEGISLATIVE LOBBYIST IN TALLAHASSEE TO
LOBBY ON THE SALES TAX REBATE ISSUE -- STIPULATE
FUNDS BE ACQUIRED / DISBURSED SPECIFICALLY TO KEEP
THE MIAMI HEAT BASKETBALL TEAM IN CITY OF MIAMI.
(B) SELECT VICE MAYOR WIFREDO (WILLY) GORT TO REPRESENT
MIAMI CITY COMMISSION IN TALLAHASSEE IN FURTHERANCE
OF ITS 1996 LEGISLATIVE PRIORITY ISSUES.
--------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 26.
Commissioner Plummer: Huh?
Mayor Clark: Twenty-six. We're going to set the appointments aside now. Item 26, the City's
1996 legislative priorities list. Any discussion on that, Mr. Manager?
23 February 29, 1996
Commissioner Carollo: There certainly is.
Mayor Clark: You're recognized.
Mr. Cesar Odio (City Manager): We're trying to prepare our packet to be sent to our attorneys,
and our staff, to see what priorities you may have in Tallahassee this year. And that's why we
wanted to discuss this today.
Commissioner Carollo: Well, Mr. Manager, Mr. Mayor, what I want to make clear is that
whatever the priorities are, that we, as a Commission, have agreed to that's in writing - if not,
let's get it all in writing - should be the only ones that our lobbyists should be involved with for
us in Tallahassee. Furthermore, I think right now the most important one that I can think of is
making sure that they address the two million dollars ($2,000,000) tax rebate for the Miami
Heat. But I want to make it clear - and this is very important to us - that we should address it in
such a form that our lobbyists would be meeting with the Dade County delegation, and other
delegations throughout the State for it to be approved only if they stay in Miami. Because this is
where the trap lies. It's easy to say we're going to go forth and lobby for the two million dollars
($2,000,000) for the Heat, but I want to make sure that we don't end up lobbying for two million
dollars ($2,000,000)...
Mayor Clark: And it goes to Lauderdale.
Commissioner Carollo: ... if it's going to be going to Broward. So we have to make sure that we
make it specifically clear that it's for Miami, Florida. Otherwise, we will not be in favor of that
sales tax rebate for the Heat in any other location. Now, there's also a piece of legislation that
the head of the Hillsborough County delegation is trying to introduce, which we should inform
our lobbyists on, and we should request them to champion that cause also with the Dade County
delegation. And now, there's... And that has to do with a piece of legislation that if any sports
franchise tries to move from one County to the other, that they then will have to reimburse that
community for the loss to that community. And in essence, what it would do is protect City of
Miami and others - but, of course, in this case, we're concerned with us - that if the Miami Heat
would leave - or any other sports franchise that we have - to any other County in Florida, they're
going to have to reimburse this community for our losses.
Mayor Clark: OK. Thank you, Mr. Carollo. All right. Anything further on the legislative...
Vice Mayor Gort: Move it.
Ms. Ana Proenza: Yes.
Mr. Odio: Go ahead. She needs to put something on the record.
Ms. Proenza: We just need to add one item to our priorities list.
Mayor Clark: Please, we know you, but identify yourself.
Ms. Proenza: Ana Proenza, City Manager's Office. We need to add to this that we're going to
pursue the Tower Theater funding. We had applied for five hundred thousand dollars
($500,000). It's on the list. The legislature has to approve it, and we're going to pursue that.
We also need to pick a City Commissioner to be the representative in Tallahassee this year. We
do that every year. I understand last year it was Vice Mayor Gort. 1 don't know if the
Commissioners want to select a different member of the Commission.
24 February 29, 1996
Commissioner Carollo: I would make a motion that we choose Vice Mayor Gort again. He
seems to have more time on his hands, and he's done a good job on it.
Ms. Proenza: OK. OK. And also, I just want to make a statement that this is a partial list. Our
legislative counsel is researching these issues, and she's going to continue to monitor other
issues that come up, as they do every year, and you're going to be getting periodic updates as
issues develop.
Mr. Odio: Yes. There is one that may come up tomorrow in the League of Cities, which is that
a new bill that would force developers to pay taxes on the buildings before they get the CO
(Certificate of Occupancy), which is something very important to us.
Commissioner Plummer: Yeah. What I was going to say, for the record, that I would hope this
package would be forwarded to Mr. Michael Sittig at the Florida League of Cities, who would be
interested in helping this particular community, as well as others, and that's what they're there
for, as a lobbying effort.
Mayor Clark: You know Sittig very well, don't you?
Commissioner Dawkins: Hmm?
Mayor Clark: You know Mike Sittig?
Commissioner Carollo: If I can make a motion to what I said before. And the reason that we
need to be very clear on this, I have the utmost respect of Mikki Canton and Holland and Knight,
but they are also... That firm, Holland and Knight, are also the attorneys for the Miami Heat. So
I want to make sure that the direction of this Commission is as clear as anything could be, that
they're to lobby - this is my motion - to instruct our lobbyists in Tallahassee, Holland and Knight
and Mikki Canton, that they are to lobby only, "only" on the sales tax rebate issue for the Miami
Heat, if it is to acquire the funds, the sales tax rebate, to keep them in Miami. Not blank check,
just to lobby to get it for them so then they can have the option of staying or not staying. We are
only to lobby for the sales tax rebate of two million dollars ($2,000,000) per year...
Mayor Clark: For Miami.
Commissioner Carollo: ... for the City of Miami only, not any other place. If it doesn't say
"City of Miami," then we shall oppose it.
Ms. Proenza: OK.
Commissioner Carollo: That is my motion.
Mayor Clark: You've made that in the form of a motion. Second the motion. If there's no
exception, cast a unanimous ballot, Mr. Clerk.
25 February 29, 1996
MW
The following motions were introduced by Commissioner Carollo, who moved their adoption:
MOTION NO. 96-100
A MOTION TO INSTRUCT OUR LEGISLATIVE LOBBYIST IN TALLAHASSEE
TO LOBBY ON THE SALES TAX REBATE ISSUE, WITH THE STIPULATION
THAT SAID FUNDS MAY ONLY BE ACQUIRED AND DISBURSED TO KEEP
THE MIAMI HEAT BASKETBALL TEAM IN THE CITY OF MIAMI.
MOTION NO.96-100.1
A MOTION OF THE CITY COMMISSION SELECTING VICE MAYOR WIFREDO
(WILLY) G- ORT TO REPRESENT THE COMMISSION AS ITS REPRESENTATIVE
IN TALLAHASSEE IN FURTHERANCE OF THE CITY'S 1996 LEGISLATIVE
PRIORITY ISSUES.
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.
Mayor Clark: Thank you, Mr. Carollo.
Commissioner Carollo: Thank you, Mr. Mayor.
----------------------------------------------------------------------------------------------------------------
8. DECLARE MARCH 2, 1996, DAY OF MOURNING FOR DOWNED
BROTHERS TO THE RESCUE PILOTS (MARIO DE LA PENN ARMANDO
ALEJANDRE, JR., CARLOS COSTA & PABLO MORALES).
Mayor Clark: Ladies and gentlemen... Mr. Manager, it's only prudent that we do something like
this. Our flag should be at half mast until at least Saturday for the memorial of the wonderful
four guys that died over in international waters, shot down by the Cuban Migs. So please place
the flags at half mast in all City... No discussion on that, I don't believe.
Commissioner Carollo: And if I may make a resolution on that also, Mr. Mayor, that we declare
Saturday a day of mourning in the City of Miami for the lives that were lost of American
citizens.
Mayor Clark: So move and second. Cast a unanimous ballot, Mr. Clerk.
(APPLAUSE)
26 February 29, 1996
The following motion was introduced by Commissioner Carollo, who moved its adoption:
MOTION NO.96-101
A MOTION DECLARING SATURDAY, MARCH 2, 1996, AS A DAY OF
MOURNING IN MIAMI IN CONNECTION WITH MARIO DE LA PENA,
A.RMANDO ALEJANDRE, JR., CARLOS COSTA AND PABLO MORALES,
VOLUNTEERS FOR THE HUMANITARIAN ORGANIZATION "BROTHERS TO
THE RESCUE" WHO RECENTLY LOST THEIR LIVES WHILE FLYING OVER
INTERNATIONAL WATERS ON A. BROTHERS TO THE RESCUE MISSION;
FURTHER DIRECTING THE CITY ADMINISTRATION TO FLY THE FLAGS ON
THE CIRCLE OF CITY HALL AT HALF-MAST FROM THIS MEETING DATE
THROUGH MARCH 2, 1996.
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.
----------------------------------------------------------------------------------------------------------------
9. DISCUSSION CONCERNING ELIGIBILITY OF EXPENSES / COSTS
INCURRED BY FLORIDA HOUSING GROUP, LTD. REGARDING
DEVELOPMENT / CONSTRUCTION OF 125-UNIT ADULT CONGREGATE
LIVING FACILITY (ACLF) -- REQUEST PRESENCE OF
REPRESENTATIVE OF FLORIDA HOUSING GROUP AT NEXT
COMMISSION MEETING.
------------------------ ---------------------------------------------------------------------------------------
Mayor Clark: All right. Item number 27 is a discussion regarding the eligibility of certain
expenses and costs incurred by the Florida Housing Group, Limited, in connection with the
development and construction of a 125-unit aggregate...
Commissioner Plummer: Twenty-seven.
Commissioner Carollo: Yeah.
Mayor Clark: Twenty-seven.
Mr. Cesar Odio (City Manager): We withdrew that, Mr. Mayor.
Commissioner Carollo: Yeah, that's withdrawn.
Mr. Odio: Sorry, withdrawn.
27 February 29, 1996
Commissioner Dawkins: Why was it withdrawn?
Mr. Odio: At their request.
Commissioner Dawkins: Sir?
Mr. Odio: They requested to withdraw.
Commissioner Dawkins: All right. They requested to withdraw it, but it's an issue of five
hundred fifty-four thousand five hundred dollars ($554,500). This group built a congregate
living facility. Since 1991, HUD (Department of Housing and Urban Development) has asked
the developers, or builders, or owners to repay a half a million dollars that they obtained in
ineligible cost. The developers put the money in their pocket. HUD has instructed the City of
Miami to go and get the half a million dollars and bring it to us. So now, the people said defer it.
What are we saying to them?
Mr. Elbert Waters: Good morning.
Commissioner Dawkins: Good morning, sir.
Mr. Waters: How are you doing? What staff is saying is we... the five hundred and fifty-four
thousand dollars ($554,000) is the City of Miami's, and we have been vigilant in that. That is a
closed item. They will be paying us the five fifty-four. There are some other issues that we need
to resolve.
Commissioner Dawkins: When... OK. Are they going to pay us in a lump sum, or are we going
to spread this out over ten years, 15 years or 20 years, or will... After 1991, will they bring us a
half million dollars at once?
Mr. Waters: The first part of the deal, Commissioner Dawkins, is to allow them to refinance,
which will provide a cash injection that would allow them to pay us the five hundred fifty-four
thousand dollars ($554,000) up front.
Commissioner Dawkins: I make a motion that if they do not come forward with a half a million
dollars that they have owed the City since 1991, that the City Attorney be instructed to file
foreclosure, file whatever he has to file to collect the five hundred and fifty-five thousand dollars
($555,000), and that no extension be given, that in four years, they should have been... worked
out a payment plan. And that's my motion.
Commissioner Carollo: I make... I second that motion for the purpose of discussion.
Mayor Clark: All right, discussion.
Commissioner Carollo: Who are the people involved in this? Who are the principals?
Commissioner Plummer: I didn't hear you, Joe.
Commissioner Carollo: Who are the principals in this company?
Ms. Linda Kearson (Assistant City Attorney): Commissioner, Mr. Wolfson, who was here this
morning, who provided us with a thousand dollars ($1,000) for the... is one principal. Also, Mr.
Moro Hernandez is a principal in this transaction.
28 February 29, 1996
Commissioner Carollo: OK.
Commissioner Dawkins: Are they destitute, or would you say they are prominent businessmen?
Ms. Kearson: The Administration should address this, but they did provide us with financial
statements indicating they had suffered a loss over the past four or five years.
Commissioner Dawkins: But did their financial statements show that they are homeless or are in
good shape?
Mr. Waters: They're not homeless.
Commissioner Dawkins: Beg your pardon?
Mr. Waters: They are not homeless.
Commissioner Dawkins: OK. So therefore, if we were chose... If we chose to collect our
money, there should be something to put a lien on, or something to get the City's money.
Ms. Kearson: Mr. Commissioner, what we're attempting to do is to refinance their existing loan
so that we can, in fact, receive the half million dollars in a lump sum payment. They're asking
us - if I may - they're asking us to subordinate our existing mortgage to a bank, so that they will
be able to get the money. They would still have to pay us back the other loan amount, but they
need to refinance in order to pay us. We would then get the money and satisfy HUD's
requirements, and we would not have any more problems with HUD.
Commissioner Dawkins: My motion stands.
Mayor Clark: By subordinating, Mr. Dawkins, we're not jeopardizing our position, are we?
Ms. Kearson: Well, you would now have a third, as opposed to a second position on the
property.
Commissioner Carollo: Sure. Well, we certainly are, Mr. Mayor.
Mayor Clark: See, that's what I mean.
Vice Mayor Gort: Yeah, we are.
Commissioner Carollo: Instead of a second mortgage, we're third in line to collect if this
collapses.
Ms. Kearson: That's correct.
Mayor Clark: Yeah. That's... That's not right to us.
Commissioner Dawkins: OK. All right. So you... You've been in line as a third for...
Commissioner Carollo: Second.
Commissioner Dawkins: ... second for six years.
Commissioner Carollo: Yeah.
29 February 29, 1996
Mr. Waters: Second.
Commissioner Carollo: Yeah.
Commissioner Dawkins: And you're going to go... Well, if you don't... If he doesn't refinance,
you're in second place, then he goes out, and we become first and second. I mean, explain it to
me, because I'm at a loss.
Commissioner Plummer: No, no.
Commissioner Dawkins: I'm at a loss.
Commissioner Carollo: What concerns me that I've heard here is that we will go to third if this
fails. And, you know, if anyone here should understand that better than all the others, it's Mr.
Gort. I see him shaking his head.
Commissioner Dawkins: Well, why...
Commissioner Carollo: That means that if we go to third, if this fails, we ain't going to collect
anything.
Mayor Clark: We're in very weak positions.
Commissioner Dawkins: Why would you go to... I mean, if it doesn't fail, you're still in second
with no money.
Mr. Odio: That's... You're right, Commissioner.
Commissioner Dawkins: OK? So what... You know, it's apples and apples - oranges.
Mr. Odio: Let me... May I? The...
Commissioner Dawkins: If it... If the project fails, and I'm in third place, we get no money.
Commissioner Carollo: Yeah.
Commissioner Dawkins: If you go along with him, and he refinances, and you go in second
place and he doesn't pay, we still get no money.
Commissioner Plummer: Depends on what's first and second.
Commissioner Dawkins: So you all... I mean, you all have to do better. You all got to do better
than that.
Mayor Clark: Please, now, one at a time.
Commissioner Carollo: It certainly could be the case.
Mayor Clark: Let's have some continuity on this.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Clark: You got a motion... You got a motion on the floor.
30 February 29, 1996
Commissioner Dawkins: No, no. I withdraw my motion, Mr. Mayor.
Commissioner Plummer: Thank you, Mr. Dawkins.
Mr. Manuel Gonzalez-Goenaga: May I... May I address?
Commissioner Plummer: I'll tell you why. You know, I am uncomfortable. I think the party
should be here. And Mr. Manager, the party should be here at the next meeting, and if he
doesn't, then I'll vote with my colleagues. But I think he should have his right to make his side
clear. And so he has withdrawn the motion.
Mayor Clark: All right. This item...
Commissioner Dawkins: And you know, I would... I can...
Commissioner Plummer: But you so inform that... You so inform that gentleman or the
principals that they are to be here at the next meeting to defend their position.
Vice Mayor Gort: Sure.
Mr. Gonzalez-Goenaga: Right, that's the point.
Commissioner Plummer: And if they're not here, this Commission intends to take action.
Commissioner Dawkins: Thank you.
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: I fully agree with your presentation.
Mayor Clark: Thank you.
Commissioner Plummer: That scares me.
Mayor Clark: Thank you very much.
Mr. Gonzalez-Goenaga: Because I understand that El Moro Hernandez is a very, very wealthy
man, from previous dealings...
Mayor Clark: Thank you, sir. Thank you very much.
Mr. Gonzalez-Goenaga: ... with Mr. Felipe Vals.
Commissioner Plummer: God bless him.
END OF DISCUSSION -- NO ACTION TAKEN
31 February 29, 1996
----------------------------------------------------------------------------------------------------------------
10. DISCUSSION REGARDING ANNUAL REPORTS OF CITY BOARDS /
COMMITTEES -- INSTRUCT LEGISLATIVE LOBBYIST IN TALLAHASSEE
TO PURSUE PROPOSED AMENDMENT TO PUBLIC PURPOSE SECTION
OF STATE STATUTE CONCERNING PAYMENT IN LIEU OF TAXES
(PILOT) BY CHARITABLE ORGANIZATIONS / GROUPS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Annual reports, Mr. Manager, on item number 28.
Mr. Cesar Odio (City Manager): This is a
that it needs any discussion.
Mayor Clark: All right.
This was a report submitted to you. I don't think
Mr. Odio: It's just that we are mandated to bring them to you once a year.
Commissioner Plummer: Well, I've got to bring up to the Commission... Mr. Mayor, I think it
was prior to your arrival, the City formed a committee for - the better word was "PILOT" - and
what that really was, was Payment in Lieu of Taxes, in programs that have passed in other cities
which have been extremely beneficial. One of the major problems in this City is, is that
approximately 31 or 32 percent of our assessable tax base is tax-exempt. There are many
companies which are profit -making companies that are tax-exempt. And the reason for it is, is
that the State legislature has created a thing called public purpose. And if they qualify as a
public purpose, they are tax-exempt. What that means is... Let me give you an example, without
mentioning any names. There is a cemetery that has property assessed at twenty million dollars
($20,000,000). And this applies to every cemetery. I'm just using that as a criteria. They have
that and they are a profit -making company, and they are tax-exempt because of the fact they
qualify as providing a service, a public purpose. Mr. Mayor, we have a decision to make today.
Either we instruct our lobbyists to have that in the legislature changed, or basically disband the
committee, because we have gone as far as we can go without having that change which exists in
the State of Florida, but not in Cleveland, New York, and other places where this has been a
tremendously successful program. That stigma in Florida just really defeats the purpose of the
committee. And if it's not abolished, then, in fact, I... I recommend to you that this committee
be abolished. So it's up to the Commission, whichever way you want to go. It could be, Mr.
Mayor, as much as a hundred million dollars ($100,000,000) a year in revenue to this City. If, in
fact... You have private schools - let me give you another one - that are religious private schools,
having nothing to do with religion, but they have... One, for example, has a piece of property
worth nine million dollars ($9,000,000), and they pay no taxes, and it's profit -making. And
these are the things that we found that are... Some of them there are absolutely ridiculous. But
with the State legislature and the so-called public purpose, they qualify, and they're tax-exempt.
So it's up to this Commission. If you want, we'll talk about it, and then do something at the next
Commission meeting.
Mayor Clark: All right.
Vice Mayor Gort: What I would like to get, J.L., if it's possible, a report more or less, who are
the people that would be affected. What are the organizations that would be affected, and what
would be the financial burden on them and on the City?
Commissioner Plummer: Well, the financial burden on them would be that they would have to
pay an assessable...
32 February 29, 1996
Vice Mayor Gort: No, I understand that. I'm sorry. Let me reword this. The services they
provide. How will you select who will not be a public purpose?
Commissioner Plummer: Well, the... I don't know how you would do it, Willy. I can't answer
that. OK? But what I'm really saying to you is, is the fact that they're not paying anything, and
they are profit -making. I would say to you, if they make a profit, that would be a criteria. You
know, we're flooded in this particular town - and I did research, Mr. Mayor. No other city in the
State of Florida has 31 percent of it's assessable tax base tax-exempt. We have every Federal
building, we have every hospital, we have every private school, we've got every drug center,
we've got every halfway house, churches nobody's going to argue with in any way, shape or
form, educational institutions. You know, I'm almost to the point I wanted to tell the Federal
Building downtown, either you give me an annual contribution to the City or buy your own fire
truck. You know, who do they call when problems happen? They call the City of Miami. And
we're having to provide them... Yet they're tax-exempt.
Mayor Clark: Police service and everything else.
Commissioner Plummer: All police service and, you know. Mr. Mayor, I leave it up to this
Commission. The only thing I bring to the forefront to you, sir, is that we, the committee, felt
that unless legislation was changed, that we were really spinning our wheels. I'd ask my
colleagues to think about it, and at the next Commission, Mr. Manager, put it on the agenda for
their decision as to whether to try to do it in the legislature or to abandon the committee.
Mayor Clark: Well, it would have to start in the legislature. That's where the law came from to
start with.
Commissioner Plummer: That would be the only place you could address it, Mr. Mayor, or you
could just forget about it.
Mayor Clark: All right. Let's move forward. Thank you, Mr. Plummer.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
11. DISCUSSION CONCERNING CITY PROJECTS THAT MAY BE INCLUDED
IN TRUST FOR PUBLIC LANDS PROPOSED $200 MILLION DADE
COUNTY PARKS, RECREATION, BEACHES AND CULTURAL
FACILITIES BOND MEASURE -- DIRECT ADMINISTRATION TO MEET
INDIVIDUALLY WITH COMMISSIONERS TO OBTAIN THEIR
PRIORITIES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 30 is the discussion concerning the City of Miami projects that may
be included in the Trust for Public Lands proposed two hundred million dollars ($200,000,000)
Dade County Park and Recreation Beaches and Cultural Facilities bond issue that may be placed
on the ballot in November 1996, at the Metropolitan Dade County ballot. They want us to agree
with that or what?
Mr. Cesar Odio (City Manager): Well, yes, sir. They... We also listed... We had a very short
time to provide the parks that we had to list up front that we would like to have monies for. And
I just want to warn you that what they are really going to ask you for is a tax increase
33 February 29, 1996
Countywide to obtain these monies. So it's not that we're just going to receive funds here. They
will want your support on this two hundred million dollar ($200,000,000) Dade...
Mayor Clark: Is this a general obligation bond issue?
Mr. Odio: It's called Cultural Facilities Bond, yeah.
Commissioner Carollo: Yeah.
Mr. Odio: Yes, it is.
Commissioner Carollo: What kind of tax increase are they talking about?
Mr. Albert Ruder: They're talking about, on the average, about seven dollars ($7) a year. And
again, this... The County is going to have to agree to put this on the ballot for the November '96
ballot. If it passes, every City benefits from it. And we just... We're going to have to come
back to you one more time with a pared down list, because our list here amounts to more than a
hundred million dollars ($100,000,000), and there's only two hundred million available for the
whole County and all the cities.
Commissioner Plummer: Good man. Good man.
Mr. Ruder: But we just wanted to get your input now, you know, to see if you have any
suggestions or anything on these projects that we have listed here.
Commissioner Carollo: True. But it's the County Commission that is going to have to take
action? It's not this Commission.
Mr. Odio: It's the County Commission.
Mr. Ruder: Right. You're going to have to take action on the projects that the City... approving
the projects that the City has submitted.
Commissioner Plummer: Right.
Mayor Clark: Do we have a list of those in our agenda today?
Mr. Ruder: You have a list, but they... it's a very... It's a working list, and we just wanted your
input. We're going to have to come back to you with a more specific list, because it amounts to
more than a hundred million dollars. And we know we're not going to get that.
Commissioner Plummer: Can I ask a question, Mr. Mayor?
Mayor Clark: Yes, sir.
Commissioner Plummer: Mr. Manager, on Virginia Key, you had indicated to me prior that the
electorate turned down the park, the recreation park, motor home, that you were going to think
about applying for a 108, and that we would build it and then put it out to a management. Have
you pursued on that?
Mr. Odio: No, I have not, because honestly, we have been tied up with so many other projects.
But...
Commissioner Plummer: OK. Mr. Mayor, let me just bring to your point... Let me bring to
your attention one point. As you know, I do motor homes. Two weeks ago, I went to the Florida
34 February 29, 1996
Keys. I could only find one camp that had two spaces available. The camp that I was in had 462
spaces at seventy dollars ($70) a day. Four hundred and sixty-two spaces at seventy dollars
($70) a day. I think that the City needs to go back, address whatever concerns. We're in the
scenario of Mr. Luft, and I think that the Manager, who came up with the idea of doing a 108
loan, if that was possible, we, the City, are the developers, and then we can go out to a
management contract, I think is well... should be pursued.
Commissioner Dawkins: I could only go along with that if the City manages it. We just ended
up giving away the Mel Reese Golf Course with a management agreement, and I don't plan to
give away no... Me, to vote... I didn't vote for that, either, but I don't plan to vote to give away
no more land to no management companies.
Commissioner Carollo: Well, it's just going to...
Mayor Clark: All right. Yes, ma'am.
Ms. Mabel Miller: Mabel Miller, Friends of Virginia Key. I'd like to give you something here.
It has to do with one of the potential projects, which is a camp for young people at Virginia Key
Park.
Mayor Clark: Thank you, ma'am.
Commissioner Carollo: Thank you, Mabel.
Ms. Miller: The Manager has one.
Commissioner Plummer: OK.
Ms. Miller: All right. My address is 210 Seaview Drive, Key Biscayne. This morning, I came
over Rickenbacker Causeway through the clouds...
Commissioner Plummer: Did you get a copy of this?
Ms. Miller: ...and over the bay. But the one bright spot - bright emerald green - was our
Virginia Key Park.
Commissioner Plummer: "Our" Virginia Key? She lives in Key Biscayne.
Ms. Miller: And if this bond issue goes through, we encourage you to consider one of the items
that your development people are suggesting, and I think, in part, it's come out of our showing
an interest, and that is the Virginia Key Environment and Camp for our young people, especially
our inner City kids. Virginia Key Park is 20 minutes from the inner City, so it's an ideal place.
And if you'll notice the letter from Marjorie Stoneman Douglas, she is suggesting that we can be
of great help to you. I'd like you to know that my experience is, since 1963, I am the founding
director of the first marine science camp in the Florida Keys, which became Sea Camp. I've also
worked for Dade County Schools as an environmental specialist, at the nature center at Crandon
Park. And as a member of Friends of Virginia Key, I'm offering my services free, as a
volunteer, and an expert on camp development, and program and curriculum. So call us. We
think there should be an advisory council for Virginia Key Park, and we'd be happy to work with
you, and Jack knows this.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir. Mr. Dawkins.
35 February 29, 1996
Commissioner Dawkins: Ms. Miller.
Ms. Miller: Yes, sir.
Commissioner Dawkins: Does all that mean that you are supporting this?
Ms. Miller: Yes, it does. It does.
Commissioner Dawkins: Although you and I were steadily against them doing anything over
there to destroy the seagrapes, the mangrove and what have you, but now, you've made a...
Ms. Miller: There's a lot of un...
Commissioner Dawkins: You've made a complete hundred degree turn.
Ms. Miller: No, sir.
Commissioner Dawkins: Mm-hmm.
Ms. Miller: There's a lot of open area where a youth camp could be constructed without any
disturbance to the natural areas.
Commissioner Dawkins: No. No, now. When I fought, I fought with you, I fought side by side
with you.
Ms. Miller: Well, stay with us because...
Commissioner Dawkins: And I'm going to continue to fight.
Ms. Miller: All right.
Commissioner Dawkins: But either we are all for this or we are all against it.
Ms. Miller: This is a non... a non-profit.
Commissioner Dawkins: Now, this looks to me like somebody has gotten to somebody, and
somebody, and somebody. OK? Now, that's my personal opinion.
Ms. Miller: This is a non-profit youth camp for the kids of our community. It has nothing to do
with commercial development.
Commissioner Dawkins: No, ma'am. But the commercial development may give you the part
for the non-profit as a payoff for the profit part.
Ms. Miller: Well, you need to understand that previously...
Commissioner Dawkins: I sure do. I do.
Ms. Miller: Previously, we were approached from that point of view, and we have a principle by
which we stand. We will not make any commitment to commercial development just to get a
youth camp. We're going to get that youth camp no matter what. If it takes a long time...
Commissioner Dawkins: Well, then let's be... Let's still be against all of it, then.
36 February 29, 1996
Ms. Miller: Well, we are for the youth camp, and we are for the park for people.
Mayor Clark: Let's don't argue.
Commissioner Dawkins: No further questions, Mr. Mayor. Thank you.
Commissioner Plummer: I don't understand why you say "our land," that you, as a resident of
Key Biscayne, don't propose that that youth camp go on Key Biscayne.
Ms. Miller: No, no. The site that is appropriate is Virginia Key. That belongs to the City. You
have tens of thousands of youth in the City...
Commissioner Plummer: I... I...
Ms. Miller: ... that would have the advantage of that. And I'm...
Commissioner Plummer: Well, I understand that. But I don't understand that you would come
before this Commission, instead of your own Commission, which is the Village of Key Biscayne
to take...
Ms. Miller: That has nothing to do with it.
Commissioner Plummer: Oh, very definitely, it does, ma'am.
Ms. Miller: No, sir, it does not.
Commissioner Plummer: If you were a citizen of the City of Miami, I would be more listening
and attuned to what you're saying.
Ms. Miller: I am a citizen of the community.
Commissioner Plummer: Oh, I understand that.
Ms. Miller: And that means South Florida community.
Commissioner Plummer: I understand that. Yeah, but...
Ms. Miller: The City of Miami, Dade County.
Commissioner Plummer: Can I ask one other question?
Ms. Miller: Forget Key Biscayne.
Mayor Clark: Please.
Commissioner Plummer: Friends of Virginia Key was abolished years ago, but you keep
referring to it.
Ms. Miller: No, sir, it was not. You're not well informed.
Commissioner Plummer: I'm not well informed.
Ms. Miller: That's right. We have about a hundred...
37 February 29, 1996
Commissioner Plummer: Well, you'd better check with the Secretary of State, who says there's
no longer such an organization.
Ms. Miller: It is not a 501-C3, but we are a group of citizens...
Commissioner Plummer: They used to be.
Ms. Miller: ... who have gained recognition.
Commissioner Plummer: They used to be.
Ms. Miller: What has that got to do with anything?
Mayor Clark: OK.
Commissioner Plummer: Well, you keep referring to it.
Ms. Miller: OK. We need your cooperation. We're here to cooperate with you.
Mayor Clark: Thank you very...
Ms. Miller: Let us help you. OK?
Mayor Clark: Thank you, thank you, Ms. Miller. Thank you.
Ms. Miller: All right. Fine.
Mayor Clark: Yes, sir.
Commissioner Plummer: Mr. Mayor, I move item 30.
Mr. Mariano Cruz: May I say something?
Mayor Clark: Wait a minute. Just a moment, J.L.
Mr. Cruz: I'm a member of the public.
Commissioner Plummer: I'm sorry.
Mayor Clark: Yes, sir.
Mr. Cruz: Private citizen, Mariano Cruz, 1227 Northwest 26th Street. I didn't know anything
about this item, because I saw the agenda here. I don't get the agenda at home anymore.
They're saving, I think, millions of dollars by not mailing the agenda to the people to get the
information. So...
Commissioner Dawkins: Will some... Wait a minute. Wait one minute, Mariano. Now, I've
been through this once before. Will somebody in my office get Mr. Mariano Cruz' address.
Mr. Cruz: They know it.
Commissioner Dawkins: And from my budget, I will mail an agenda to him, because he and Mr.
Johnakin are here, never for themselves, but for the public. And if any two citizens deserve to
38 February 29, 1996
have the agenda prior to coming here, it's Mr. Mariano Cruz and Mr. Johnakin. So somebody in
my office, come out here and get these two addresses, please.
Mr. Cruz: Right.
Vice Mayor Gort: I'll split it with you, Miller.
Mr. Cruz: Right. They know. So I am talking extemporaneously, you know, on this issue. I am
for the... to be together with the County in this thing with the park. But the only... The one thing
I want to make sure is if any... The monies are raised from capital improvements. Make sure
those facilities are going to be manned there, with people there, not that the bathrooms are closed
many times when you go there, because they don't have a part-timer to take care of the place.
And the track at Curtis Park is closed many times, and people can't use it. And they spent
millions of dollars in that track there, and it's closed.
Mayor Clark: All right.
Commissioner Plummer: Mariano...
Mr. Cruz: Because my wife has come back, and she can't use it. And then she bitch at me. I
say, "No, no, no. Don't tell me anything. Go to City Hall and tell the Commissioners what
you're telling me." But now, I am relating that to you, because she's nagging at me about this.
One good thing, too, about this, too. Try... If you need money for the programs, you can go to
the police budget, and you can get money from that. Because in our neighborhood, they spent
millions and millions and millions in police things, at the back end. You know, the jails, the
Public Defender, the State Attorney, they are all located there. Well, spend some of that money
at the beginning. That's what you got to do.
Mayor Clark: Thank you.
Mr. Cruz: But you know what happen? There is no business in the little children, the softball.
Because I deliver mail in Biscayne Park. I see them every day there at the park, soccer kicking
and everything. Those people are not going to be in problems later on. But you don't have the...
They don't have that thing doing that. The will bring problems later, and they will cost a lot
more money, but it will be a lot more places. The Wackenhut stock will go up, these other ones,
more money for the Public Defender, more money for the State Attorney, you know, and that's
it. So I am for the monies of the bond issue for the parks. And you know, one thing. I was at
the public meeting of the Dade County legislation January 16th, lobbying for the parks in our
neighborhood, saying the same thing I am telling here. And I talked to Daryl Jones and the
people that were there. I didn't see anybody from the City of Miami there. And I saw people
from the City of Miami Beach. I saw Sergio Rodriguez, I saw Bruce Singer, I saw people from
the condominiums there in front of Dade County, people from there - Armando Vidal's office -
they all went. But I didn't see anybody from the City of Miami there. I don't know where the
people are. Maybe they were in other places, you know, but they were not there, certainly, with
the Dade County legislation.
Mayor Clark: OK, thank you. Thank you, Mariano.
Commissioner Plummer: Mr. Mayor, let me say... let me add this.
Mayor Clark: Let's don't continue this. We'll be here for four days.
Commissioner Plummer: OK. Just very quickly. What I'm voting on here, Mr. Ruder,
whatever the County agrees on our program has to be a guarantee to the citizens of the City.
39 February 29, 1996
When they put out the three hundred thousand... the three hundred million dollar ($300,000,000)
parks for people, when I went back and it passed, and asked what did we, the City, get out of it,
here was their answer: "Refurbishing the Dade County Auditorium, building the road on
Rickenbacker Causeway, and repainting Vizcaya." My people paid for County facilities to build
a road for Key Biscayne, and we paid the taxes on it. So what I'm saying to you, I want - this
Commission should want - a guarantee that if, in fact, we back this bond issue, if it's fifty
million or forty million, we will decide whether we feel that's fair or not. But whatever they're
going to put in there, we want...
Mayor Clark: Identify it.
Commissioner Plummer:... our share identified, without question.
Mr. Ruder: OK. What...
Commissioner Carollo: Well, but J.L., what you're saying is, then, that you want for this
Commission to take a vote and take a stance on this. I don't necessarily, you know, think that
we should consider that. Why should we get in the midst of this, you know, in voting for it now,
necessarily? Now, I think I understand what you're trying to accomplish. What we need to do,
though, is vote upon the projects that we want to make sure are there. That's what we should
vote upon.
Mr. Ruder: Yeah. I don't think...
Commissioner Carollo: Let them decide if they want to bring it to the public or not.
Commissioner Plummer: Well, that's already been said.
Mr. Ruder: Yeah. I don't think a vote is necessary today. This is very preliminary.
Commissioner Plummer: Absolutely.
Mayor Clark: OK. All right. Very good.
Mr. Ruder: We're going to have to come back to you with specific projects.
Commissioner Plummer: It's got to pare it down.
Mr. Ruder: But we... And two more quick things, Mr.... I'm sorry. We distributed a list of the
Advisory Committee that have been contacted. It's made up of citizens. I'm not sure if you, as a
Commission, want to have some input. If you didn't get it, I have extra copies here. It was
distributed last Friday. You could probably contact me next week so I could furnish them, or
you may...
Commissioner Plummer: Who made that selection?
Mr. Ruder: Well, the Trust for Public Land, which is the non-profit organization that is working
with the County in sponsorship of this. They contacted all these citizens to serve on the board.
I'll be happy to give you a...
Commissioner Plummer: So the County appointed them.
Mr. Ruder: Well... Brenda... I'll have Brenda Marshall, who is from the Trust, address that.
40 February 29, 1996
t :-:,,4
Ms. Brenda Marshall: Hello. Thank you. My name is Brenda Marshall. I'm a project
manager...
Commissioner Dawkins: Pull the mike down.
Ms. Marshall: ... project manager with the Trust for Public Land here in the Miami office. The
office is at 7900 Red Road. The Citizens Advisory Committee were just individuals that were
approached and invited to serve on this in sponsorship. We tried to get as broad -based citizens'
support as possible, and I think if you look down the list, that's what you'll see. It's a
combination of community leaders, conservation organizations, looking toward youth recreation
organizations, all of those involved in juvenile issues. We would certainly, you know, be happy
for you to add to this list, although it's a pretty big list. There are about... There are over 50
people that are working with us on this.
Mayor Clark: All right. Thank you, ma'am.
Mr. Manuel Gonzalez-Goenaga: One quick suggestion.
Mayor Clark: All right. What is it?
Mr. Gonzalez-Goenaga: We should not discuss these menial things here, because, after all, the
people will decide in the... in November. But what this Commission should instruct the City
Manager is to give full, fair, honest disclosure, so that we know what's going on. And I
sincerely hope that this money to purchase parks or refurbish parks are not given to the friends of
Mas Canosa, like the Watson Island issue that is still pending in court, that has cost us thousands
and thousands of dollars in legal fees, and still has not been resolved. So let's put things clearly,
honestly. And I'm sure "Gelatina" Gort, he knows damn well, the 19... the securities law of
1933 and 1934, that is private business, full, fair and honest disclosure.
Mayor Clark: Thank you very much. Thank you.
Mr. Gonzalez-Goenaga: Thank you.
Ms. Marshall: Commissioners, if I could just say one of the important things about this. What
we'd like to do is come back with you with a recommended list, and I think your concerns about
knowing that the funds, you know, that will be designated with... for the City will be included.
So we will come back and ask you for a resolution at that time. Thank you.
Commissioner Carollo: Yeah. Can... Maybe we...
Mayor Clark: All right. Let's move forward now. Let's move forward.
Ms. Miller: May I give you...
Mayor Clark: We've been on this a half hour.
Ms. Miller: Sir, one more reminder, please. Just one comment. Please remember, Friends of
Virginia Key is not asking you to give us anything. We're offering to give you our time, our
talent, our expertise, our experience.
Mayor Clark: We thank you for that.
Ms. Miller: So I hope you will consider calling on us.
41 February 29, 1996
Mayor Clark: Thank you.
Commissioner Carollo: Mr. Mayor, for the purpose of saving time next meeting on this, can we
instruct the Manager and staff to meet with us individually so we can go over the priorities...
Mayor Clark: Thank you.
Commissioner Carollo: ... of the City parks and projects that this Commission would want to
see. And hopefully, that will save time once this comes back to the Commission again.
Mayor Clark: Excellent. Excellent idea. Thank you all.
Commissioner Carollo: Thank you.
------------------------- --------------------------------------------------------------------------------------
12. APPROVE PROFFERED LIST CONCERNING AWARD OF SCHOLARSHIPS
TO ELIGIBLE STUDENTS TO ATTEND UNIVERSITY OF MIAMI FOR 1996
ACADEMIC YEAR.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Now we'll move to item number 31. Mr. Manager, regarding the final review of
determination of awards of scholarships to attend the University of Miami.
Mr. Cesar Odio (City Manager): Yes. Hi, Doctor. How are you?
Dr. Cyrus Jollivette: Mr. Manager.
Mayor Clark: All right, sir.
Dr. Jollivette: Good morning, Mr. Mayor and members of the Commission. I'm Cyrus Jolivette.
I'm a resident of the City of Miami, and I am here today before you in my capacity as a vice
president of the University of Miami. And I'm prepared to answer any questions you might have
concerning the scholarship program that the University and the City entered agreement into in
'91.
Mayor Clark: Mr. Manager.
Commissioner Plummer: Doctor, I want to tell you, as I look over every one of these that are
proposed, with the exception of one, has a four point or better. I think it's well, well within...
This is a thing, Mr. Mayor, that we negotiated out. One, two, three, four, five, six, seven, eight.
There's supposed to be ten.
Dr. Jollivette: Only eight completed the process, Mr. Plummer. This year, 18 students applied.
Eight were fully qualified. One did not meet the academic requirements. Eight did not meet the
residency requirements of the City of Miami, and one did not complete the process. So that you
have before you the most complete list that we could generate.
Commissioner Plummer: Mr. Mayor, I make a motion at this time that we approve the list with
pride in that which has been selected. I so move.
Mayor Clark: Second the motion. All of those in favor, signify by saying "aye."
42 February 29, 1996
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
Commissioner Plummer: Thank you, Doctor.
Mayor Clark: Thank you, Mr. Jollivette.
Dr. Jollivette: Thank you very much.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-102
A RESOLUTION ACCEPTING THE NOMINATION OF CERTAIN INDIVIDUALS
TO BE RECIPIENTS OF ONE-YEAR, HALF -TUITION SCHOLARSHIeS
AWARDED UNDER THE CITY OF MIAMI SPONSORED UNIVERSITY OF 1V;_.V
SCHOLARSHIP PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of :y
Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and adopted U) e
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.
43 February 29, 1%6
13. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE RETROFITTING OF FUEL
HARVESTER TUB GRINDER USED FOR GRINDING MULCH AT
VIRGINIA KEY YARD / TRASH MANAGEMENT FACILITY -- FROM
FUEL HARVESTER EQUIPMENT, INC.
Mayor Clark: All right. Item number 32.
Commissioner Plummer: Move it. I hate sole sources. It's a resolution.
Mayor Clark: Yeah. All right. Is there a second?
Commissioner Plummer: Yeah. Willy did.
Mayor Clark: I need four -fifths vote on this. Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-103
A RESOLUTION, BY A FOUR -FIFTHS (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 SOLE SOURCE; WAIVING THE REQUIREMENT FOR
COMPETITIVE SEALED BIDDING; AND APPROVING THE RETROFITTING OF
THE FUEL HARVESTER TUB GRINDER USED FOR THE GRINDING OF MULCH
AT THE VIRGINIA KEY YARD/TRASH MANAGEMENT FACILITY FROM FUEL
HARVESTER EQUIPMENT, INC., FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE, AT A TOTAL COST NOT TO
EXCEED $25,000.00; ALLOCATING FUNDS THEREFOR FROM THE FY '96
SOLID WASTE REDUCTION, RECYCLING AND EDUCATION SPECIAL GRANT
FUND, ACCOUNT CODE NO. 421305-840, PROJECT NO. 197007; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR SAID RETROFITTING OF EQUIPMENT.
(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.
44 February 29, 1996
14. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF WEIGH-
TRONIX MODEL DATA MANAGEMENT SYSTEM TO BE USED IN
DIRECT INTERFACE WITH WEIGH-TRONIX W1-130 DATA
ACQUISITION SYSTEM AT VIRGINIA KEY YARD / TRASH
MANAGEMENT FACILITY -- FROM SCALEMEN OF FLORIDA, INC.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 33.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second, Willy?
Vice Mayor Gort: Yes.
Mayor Clark: All right. Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-104
A RESOLUTION, BY A FOUR -FIFTHS (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 SOLE SOURCE; WAIVING THE REQUIREMENT FOR
COMPETITIVE SEALED BIDDING; AND APPROVING THE ACQUISITION FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE, OF A WEIGH-TRONIX MODEL DATA MANAGEMENT SYSTEM FROM
SCALEMEN OF FLORIDA, INC., TO BE USED IN DIRECT INTERFACE WITH
THE WEIGH-TRONIX W1-130 DATA ACQUISITION SYSTEM WHICH IS
CURRENTLY LOCATED AT THE VIRGINIA KEY YARD/TRASH MANAGEMENT
FACILITY, AT A TOTAL PROPOSED COST NOT TO EXCEED $5,350.00;
ALLOCATING FUNDS THEREFOR FROM THE FY '96 SOLID WASTE
RECYCLING AND EDUCATION SPECIAL GRANT FUND, ACCOUNT CODE NO.
421305-840, PROJECT NO. 197007; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
45 February 29, 1996
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.
Commissioner Plummer: Do you want to skip on 34 and 35, Dawkins, until later?
Commissioner Dawkins: No, it doesn't matter.
Commissioner Plummer: I mean if you...
Commissioner Dawkins: Yeah, because I... We're going to be here.
Commissioner Plummer: All right. Well, let's move on if we can.
Mayor Clark: Well, let's hold them up. Let's hold those up for a while.
Commissioner Dawkins: OK.
----------------------------------------------------------------------------------------------------------------
15. (A) SET POLICY THAT FUTURE PROJECT COST OVERRUNS BE
BROUGHT BEFORE COMMISSION PRIOR TO EXCEEDING
BUDGET.
(B) AUTHORIZE INCREASE ($190,000) IN CONTRACT WITH
HARRISON CONSTRUCTION CORPORATION -- FOR NEW FIRE
STATION NO. 12 (SECOND BIDDING) PROJECT B-2990 -- DIRECT
ADMINISTRATION TO SUBMIT WRITTEN CLARIFICATION FOR
DELAYS/COST INCREASES.
----------------- ----------------------------------------------------------------------------------------------
Commissioner Plummer: Thirty-six.
Mayor Clark: Item 36.
Commissioner Plummer: Move it.
Vice Mayor Gort: You got the list?
Commissioner Plummer: Yeah, I got the list.
Vice Mayor Gort: I've looked at the list. I don't have a problem. Second it.
Commissioner Carollo: There's a second.
46 February 29, 1996
Mayor Clark: Any further discussion?
Commissioner Carollo: Could we just get on the record that the reason why we went over on
this contract? I mean, it's not a major amount, from what I'm seeing, but nevertheless.
Commissioner Dawkins: Jim, get over here.
Commissioner Carollo: Well, it is a major amount. 1 take that back. I thought it was nineteen
thousand. It's a hundred and ninety thousand.
Commissioner Plummer: That makes it more major.
Commissioner Carollo: Yeah.
Mayor Clark: Can you explain this a little bit, Mr. Lee.
Mr. Wally Lee: Yes, sir. Mr. Mayor and Commissioners, Fire Station 12 is a project that was
bid out twice with a tight budget, including a relatively small construction contingency. During
the construction of the fire station, we found that we needed additional funds to cover the delays
and extra work required for the project. The contractor was delayed by the City due to numerous
electrical revisions, communication equipment upgrades, and changes due to new Building Code
requirements and plan revisions during construction. And the attachment I gave you all in the
past few days shows a total breakdown of this extra. The project was delayed 243 days, which
the contractors asked and were entitled to for that extension.
Commissioner Carollo: Excuse me, Wally.
Mr. Lee: Yes, sir.
Commissioner Carollo: Basically, the delayed part of it is the City's fault.
Mr. Lee: Yes, sir.
Commissioner Carollo: That's what amounts to almost sixty-one thousand dollars ($61,000).
Sixty thousand six hundred and two-o-eight, to be exact.
Mr. Lee: Excuse me, Commissioner.
Commissioner Carollo: Yes, sir.
Mr. Lee: It's eighty-seven nine thirty-eight to the contractor.
Commissioner Carollo: On the part of being delayed, right, because that includes the material
and equipment that was also used?
Mr. Lee: Yes, sir.
Commissioner Carollo: OK. So the delayed part is eight -seven thousand sixty-seven eighty-
eight.
Mr. Lee: That's correct, Commissioner.
Commissioner Carollo: OK. All right. This is the other part. Wally, what concerns me is this.
I'm not trying to put blame anywhere, but, I mean, why would the City not be prepared fully to
47 February 29, 1996
handle the situation, the requirements from our side that we needed, to make sure... that we had
to do? You know, you made a statement as to why, but you really didn't clarify that. It seems to
me that we dropped the ball here somewhere, and that's why it's costing us the additional almost
ninety thousand dollars ($90,000), that part of it.
Mr. Lee: Well, sir, again, this job was originally bid prior to the hurricane in 1992. At that time,
the... As I recall, the bids came in at over two hundred thousand dollars ($200,000) above
budget. We went back, revised the plans, in conjunction with the Fire Department.
Commissioner Dawkins: The overruns...
Mr. Lee: Yes, sir.
Commissioner Dawkins: ... are not contributed to Hurricane Andrew.
Mr. Lee: No, sir. I'm just trying to...
Commissioner Dawkins: OK. Well, then don't...
Mr. Lee: ... to come up with...
Commissioner Dawkins: Well, don't bring Hurricane Andrew in...
Commissioner Plummer: It was.
Commissioner Dawkins: ... because you cloud the minds of the people out there.
Mr. Lee: No, sir. The...
Commissioner Dawkins: OK. Thank you.
Mr. Lee: The only effect the hurricane had... We put it out to bid right after the hurricane, and
we did not take into consideration certain changes in the Building Code, which were changed
after the fact, which we had to comply with when we got the permit. They were changes that...
As we went along, for example, the furniture wasn't considered in the bid. That's a substantial
item which was listed here. So, yes, I agree, it could have been handled in a more expeditious
manner, but...
Mayor Clark: It wasn't.
Commissioner Plummer: Commissioner Dawkins, I said to them - and this was my defense this
morning - it's a very lousy way of doing business. OK?
Commissioner Carollo: Well, that's what I'm trying to show.
Commissioner Plummer: That in the future, if you're going to have this, and you know you have
this, before you do it and ask us just to ratify, and give us no choice to say yes or no, bring it
before the Commission, and we'll agree before, not after.
Commissioner Carollo: Well, that's the point that I'm trying to make, Commissioner Plummer.
But beyond that, we need to identify why the ball was dropped, exactly where it was done, so
that we can correct this for future projects. Because what I'm seeing is, this has become a
pattern, and then it... After the fact, then it's being brought up to this Commission. And, you
know, it's part of the way that we've gotten used to doing business in the City of Miami. And
48 February 29, 1996
what we need to do is... And I'm not looking to put blame anywhere, besides the facts, now.
But what I'm looking for is to find out where we're making, again and again, these types of
mistakes so that we can correct them for future bids that we get, that we have to take action on.
Otherwise, you know, it becomes part of the pattern of how we do business, and it's never
ending, going around the circle on this. Wally, can you write a memo... and I guess the Manager
should be the person I address this to? If you can instruct Wally Lee, Mr. Manager, to write a
memo. And I'm going to make this in the form of a motion, because if not, we forget, and like
other things that I've requested in Commission meetings and then I never get them, I'm going to
make this in the form of a resolution instructing the Manager to have Mr. Lee write a memo
explaining to us clearly the reasons why we had the delays and the cost increase, and stating the
corrections that will be made in the future so this will not happen again.
Mr. Lee: Yes, sir, we will address that.
Commissioner Carollo: Yeah. This is being made in the form of a resolution, if there's a
second.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second. Second.
Mayor Clark: If there's no discussion, cast a unanimous ballot.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-105
A RESOLUTION DIRECTING THE CITY MANAGER TO INSTRUCT ASSISTANT
CITY MANAGER WALDEMAR E. LEE TO PREPARE A MEMORANDUM
DETAILING THE STATUS AND THE REASON(S) FOR DELAYS AND EXTRA
WORK REQUIRED FOR THE COMPLETION OF "NEW FIRE STATION NO. 12
(SECOND BIDDING) PROJECT B-2990."
(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.
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: Mr. Lee.
Mr. Lee: Yes, sir.
49 February 29, 1996
Commissioner Dawkins: You said the plans, bids and et cetera, were accepted without any
provisions for furniture; is that correct?
Mr. Lee: That is correct, sir.
Commissioner Dawkins: The architect and everyone designed the building and did not know
that beds, kitchen equipment and et cetera was needed.
Mr. Lee: No. That's not the furniture...
Commissioner Dawkins: Well, correct me, please.
Mr. Lee: The furniture is desks and that type of thing. Anything that's built into the structure
was part of the original contract.
Commissioner Dawkins: Let me put in the record that every time a building is built in that area -
everybody knows what area I'm talking about - you have these problems. You put a jail on 62nd
Street, and no furniture. And now, you put a fire station on 46th Street in that area, and no
furniture. This seems to be a pattern. I don't see how we could pay an architect the money that
we paid, and the architect did not sketch in the furniture and be able to say that, "This is the
furniture that will go in this room. It will cost 'X' dollars." I do not see how those who we pay
as planners, or whatever they are, who must approve this from the architect as to form and
texture did not come up and say it's right. And I just want to put in the record that this seems to
be a habit in that area.
Mayor Clark: All right. Any further discussion in this item? Got a motion from someone?
Commissioner Plummer: I already moved it, Mr. Mayor.
Commissioner Dawkins: We got to pay it. I second. We got to pay it.
Vice Mayor Gort: There's two motions.
Mayor Clark: All right.
Vice Mayor Gort: There's two motions.
Commissioner Carollo: Well, there was one motion before.
Mayor Clark: All right. A second to the motion.
Commissioner Plummer: They're both passing unanimous.
Mayor Clark: Cast a unanimous ballot on the second motion.
Commissioner Carollo: Yeah. Then we have the other motion to accept this.
Mayor Clark: Yeah.
Commissioner Plummer: Yep.
Mayor Clark: If there's no exception, cast a unanimous ballot, Mr. Clerk, with all of these
embellishments that have been followed since that time.
50 February 29, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-106
A RESOLUTION AFTER A DULY ADVERTISED PUBLIC HEARING,
AUTHORIZING AN INCREASE IN AN AMOUNT NOT TO EXCEED $190,000.00 IN
THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA, AND HARRISON
CONSTRUCTION CORPORATION DATED MAY 19, 1994, THEREBY
INCREASING SAID CONTRACT FROM $1,658,289.00 TO $1,848,289.00 FOR THE
"NEW FIRE STATION NO. 12 (SECOND BIDDING) PROJECT B-2990";
ALLOCATING FUNDS THEREFOR FROM PUBLIC WORKS INDEX CODE NO.
310501-340.
(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.
----------------------------------------------------------------------------------------------------------------
16. RATIFY MANAGER'S FINDING OF EMERGENCY -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF REPAIR
SERVICES -- FROM CAYON SERVICE CENTER, INC. -- FOR TAYLOR
MODEL #TY520 FORKLIFT MACHINE.
Mayor Clark: Item number 37.
Commissioner Plummer: I move it.
Commissioner Carollo: Second.
Mayor Clark: Any discussion? Hearing none, call the roll.
51 February 29, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-107
A RESOLUTION, BY A FOUR -FIFTHS (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 WRITTEN FINDING THAT AN EMERGENCY EXISTS; WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING; AND
APPROVING THE ACQUISITION OF REPAIR SERVICES FOR THE
DEPARTMENT OF PUBLIC FACILITIES, MARINAS DIVISION, FROM CAYON
SERVICE CENTER, INC. FOR THE TAYLOR MODEL #TY520 FORKLIFT
MACHINE, AT A PROPOSED COST OF $19,000; ALLOCATING FUNDS
THEREFOR FROM THE MARINE STADIUM MARINA'S OPERATING BUDGET,
ACCOUNT CODE NO. 350508-340; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID ACQUISITION.
(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.
Mayor Clark: Item number 38, Mayor Anne... Mayor Ward.
Commissioner Carollo: Is Mayor Ward here?
Mayor Clark: Is Mayor Ward present?
Commissioner Plummer: Defer it.
NOTE FOR THE RECORD: At this point, agenda item 38 was
called for discussion. The record was marked to reflect no
appearance by interested parties at this time.
52 February 29, 1996
--------------------------------------'------------------------..-------------------------------------------------
17. PERSONAL APPEARANCE: GUIDO RODRIGUEZ -- TO REQUEST
APPROVAL OF PERSON TO RECEIVE A STAR IN CALLE OCHO
CELEBRITY WALK OF FAME -- DEFER TO NEXT MEETING.
Mayor Clark: Item number 39, Guido Rodriguez.
Commissioner Plummer: They're here.
Mayor Clark: All right.
Mr. Guido Rodriguez: Good morning.
Mayor Clark: Identify yourself for the Commission.
Mr. Rodriguez: Good morning. My name is Guido Rodriguez, president of Stars of Calle Ocho.
My address is 6494 Coral Way, Miami. I come today in front of the Committee to request the
approval of the entertainers nominated for a star on Calle Ocho's Celebrity Walk of Fame for
1996. As you can see, the names are well known celebrities, and for your knowledge, everyone
listed, we have spoke to and have their approval of accepting a star. You have a copy of the list
of the nominees. If you've got any questions, please let me know.
Mayor Clark: Any questions of Mr. Rodriguez?
Commissioner Carollo: Yes, I have.
Commissioner Plummer: The only question, Mr. Mayor, is that we want to make sure that this is
done at no cost to the recipient. This is a non...
Mr. Rodriguez: ... profit organization.
Commissioner Plummer:... profit scenario.
Mr. Rodriguez: Exactly.
Mayor Clark: You move it, J.L.?
Commissioner Plummer: Mr. Mayor, I don't have... I'm sorry, and I've dealt with you...
Vice Mayor Gort: We don't have the list.
Commissioner Plummer: I don't have the list.
Commissioner Carollo: I don't either.
Commissioner Dawkins: OK, I have it. I got it.
Commissioner Carollo: You got it? Thank you.
Mayor Clark: Thank you.
53 February 29, 1996
Commissioner Carollo: Now, are we open for discussion, Mr. Mayor?
Commissioner Plummer: Of course you are.
Mayor Clark: I suppose.
Commissioner Carollo: The list that we have for the nominees, is this the list that's going to be
filed for 1996?
Mr. Rodriguez: Correct.
Commissioner Carollo: OK. If I may ask, why have we started with someone that, while they
might be a very fine singer, actress, is not one of our local people down here?
Mr. Rodriguez: Well, because the Kiwanis of Little Havana, they sponsored Talia one of the
Mexican singers. She was supposed to be the queen of the Carnival of Miami. But now, we're
going to start with another star.
Commissioner Carollo: Well, what you're asking us to approve, then, today, as I'm being able
to see before us, is that we approve the whole list, or only her now?
Mr. Rodriguez: No, the whole list. That way, I don't have to come in front of the Committee
every month, you know, for a star.
Commissioner Carollo: What I would really like to do, since there is no urgency on this right
now is to have this item deferred for the next Commission meeting, to have the opportunity for
each and every one of us to be able to meet with you. As you know, myself and Commissioner
Plummer have been quite busy lately with other matters.
Mr. Rodriguez: Commissioner Carollo, I have been to... I have been trying to get in touch with
you for the last three weeks, and nobody answered.
Commissioner Carollo: Well, let me say this to you. I don't think it's been the last three weeks,
but you have been trying to get a hold of me. Unfortunately, between everything going on at the
Sports Authority and other City matters, and the contract negotiations with Decoma, it's taken up
all my time. You know, my wife feels the same way. She's been trying to see me and talk to me
also, and she hasn't had any luck, and so have my kids, all four of them. So...
Commissioner Plummer: Hell, she's better off. Ha ha ha.
Commissioner Carollo: I don't know. I don't know. I don't know about that, J.L.
Commissioner Plummer: Sir, let me ask you a question.
Vice Mayor Gort: You don't have an urgency. So when is the next meeting?
Commissioner Plummer: No. What my question was going to be, do you propose to do any of
these between now and March the 28th?
Mr. Rodriguez: Yes.
Commissioner Plummer: Which one?
54 February 29, 1996
Mr. Rodriguez: We want to start with... because we already promised Talia, the Carnival Miami
Queen...
Commissioner Plummer: But that's been cancelled.
Mr. Rodriguez: It has been cancelled, but we tried to give the star at the end of March.
Commissioner Plummer: Well, I think Commissioner Carollo has asked - we've always granted
that to a colleague - you can be back here on the 14th and get it approved at that time.
Mr. Rodriguez: The delay on this... The time is very important, Commissioner. Let me tell you
why. We have been delayed in this project for one year already.
Commissioner Plummer: Sir, I have no problem, but a colleague has asked for it to be deferred.
I can tell you, you're fighting against yourself. We'll see you on the 14th.
Mr. Rodriguez: Yeah. No. What I can tell you, this...
Mayor Clark: Please, sir, come back on the 14th of March.
Mr. Rodriguez: OK.
Commissioner Plummer: It's deferred until then.
Mayor Clark: All right.
Mr. Manuel Gonzalez-Goenaga: Is O.J. in the list?
Mayor Clark: Please, sir, now, you're not a colleague in this.
Mr. Gonzalez-Goenaga: Oh, I'm sorry.
Mayor Clark: I don't see you on the list anywhere.
Mr. Gonzalez-Goenaga: Well, maybe I deserve it more than quite a few here.
Mayor Clark: You probably do. You probably do. Probably at the top of the...
Mr. Gonzalez-Goenaga: This is an act, as Shakespeare said. Life is an act, baby.
Mayor Clark: Next, next case.
NOTE FOR THE RECORD: At this point, agenda item 39 was
deferred.
55 February 29, 1996
--------------------------------------------------------------------------------------,.-------------------------
18. URGE U.S. CONGRESS TO RATIFY UNITED NATIONS CONVENTION
ACTIONS ON ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN.
Mayor Clark: Item 40 has been handled. Item 41, the Status of Women. Yes, ma'am. Give us
your name and address for the record.
Ms. Pola Reydburd: Pola Reydburd, Chair of the Commission on the Status of Women, City of
Miami. And it's 2600 Bayshore Drive.
Commissioner Plummer: Mr. Mayor, I ask... I move their request to forward this on to the
United Nations.
Ms. Reydburd: OK.
Mayor Clark: Is there a second to the motion?
Commissioner Carollo: Second the motion.
Mayor Clark: All right. All in favor, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered. Thank you, ma'am.
Ms. Reydburd: Thank you.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-108
A RESOLUTION URGING THE UNITED STATES CONGRESS TO RATIFY THE
UNITED NATIONS' CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN; FURTHER, DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED OFFICIALS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk,)
56 February 29, 1996
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.
----------------------------------------------------------------------------------------------------------------
19. GRANT REQUEST TO REPRESENTATIVE FROM MARCH OF DIMES
BIRTH DEFECTS FOUNDATION FOR FEE WAIVERS FOR PEACOCK AND
MERRIE CHRISTMAS PARKS IN CONNECTION WITH ANNUAL
WALKAMERICA EVENT (MARCH 30, 1996), SUBJECT TO CITY
RECEIVING FULL RECOGNITION ON ALL ADVERTISING / PUBLICITY.
Mayor Clark: Item 42.
Commissioner Plummer: Is there anybody here from March of Dimes?
Vice Mayor Gort: I move it.
Commissioner Plummer: Well, wait, whoa, whoa, whoa. Hold up. There's certain parts of that
we can't waive, what she's asking for, and that's what I wanted to make sure.
Mayor Clark: Your name and address for the record, please.
Ms. Jeanne Watkins: Jeanne Watkins, March of Dimes, 8323 Northwest 12th Street, Suite 208.
Commissioner Plummer: Right.
Mayor Clark: J.L., be specific.
Commissioner Plummer: There's only certain things we can waive, and those things are what
we are approving here today, subject to that the City of Miami get full and complete recognition
on all advertising and publicity, that we are one of the main sponsors of this activity.
Ms. Watkins: You're on all of the newspaper ads, anything that is in print...
Commissioner Plummer: OK. I just want to make sure...
Ms. Watkins: ... the posters.
Commissioner Plummer:... that people realize the City is doing something.
Commissioner Carollo: For the record...
57 February 29, 1996
Mayor Clark: Yes, sir.
Commissioner Carollo: ... what is the amount of the fees that we're waiving?
Mr. Cesar Odio (City Manager): One hundred and fifty dollars ($150) for the Merrie Christmas
Park...
Commissioner Plummer: No, it's more than that, Cesar.
Mr. Odio: .. eighty dollars ($80) for the Glass House, eighty dollars ($80) for the Show Mobile,
eighty dollars ($80) for the bleacher rentals, and eighty... a total of four hundred and seventy
dollars ($470).
Commissioner Plummer: No, it's more than that. No.
Mr. Odio: Well, that's what I show here that they are requesting.
Ms. Watkins: That's all.
Commissioner Carollo: That's all that it is. That's what I thought.
Ms. Watkins: That's all it is.
Commissioner Carollo: I appreciate very much you putting the City of Miami as a sponsor. For
four hundred and seventy dollars ($470), that's the best deal we've gotten all year.
Mayor Clark: All right. Thank you, ma'am.
Ms. Watkins: Well, we hope you all will be out there on the 30th of March.
Vice Mayor Gort: I'll be there.
Commissioner Plummer: Yes. Commissioner Carollo has been designated as our walker.
Mayor Clark: Yeah.
Ms. Watkins: Well, it's the second event for your Centennial.
Commissioner Carollo: As long as Commissioner Plummer is in front of me, I'll gladly do it.
Commissioner Plummer: Yes, yes.
Ms. Watkins: I'll guarantee, I'll get him out there.
Mayor Clark: Motion and a second. All in favor, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered. Thank you, ma'am.
58 February 29, 1996
. :..,,,1\
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-109
A RESOLUTION RELATED TO THE 1996 MARCH OF DIMES WALK AMERICA
EVENT TO BE CONDUCTED BY THE MARCH OF DIMES BIRTH DEFECTS
FOUNDATION ON MARCH 30, 1996; AUTHORIZING THE WAIVER OF ALL
WAIVABLE USER FEES AND CERTAIN WAIVABLE EQUIPMENT FEES FROM
THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO
EXCEED $600; FURTHER, AUTHORIZING THE PROVISION OF AN ON -DUTY
RESCUE UNIT FOR SAID EVENT; SAID AUTHORIZATIONS CONDITIONED
UPON THE ORGANIZERS PAYING FOR ALL OTHER NECESSARY COSTS OF
CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT
AND OBTAINING ALL NECESSARY PERMITS AND INSURANCE TO PROTECT
THE CITY IN THE AMOUNT AS 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 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.
----------------------------------------------------------------------------------------------------------
20. RECOMMEND TO CHIEF OF POLICE TO APPROVE FUNDING REQUEST
FROM THELBERT JOHNAKIN, CHAIRMAN, MODEL CITY CRIME
PREVENTION TO ALLOCATE $33,000 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
Mayor Clark: Item 43, Mr. Johnakin.
Mr. Thelbert Johnakin: My name is Thelbert Johnakin, 1345 Northwest 51 Street. Good
morning, Mr. Mayor and Board of Commissioners. I'm not going to stand here this morning and
try to sell you all my program, because each one of you know my programs. Throughout the
years, I have fought to try to make this department, Police Department, to help make it number
one. And I guess the majority are just City workers. And each one of you all know me, and
know what I have been trying to do. I have asked for a certain amount of funds, and throughout
the years, that you all know, that we have washed cars, we have sold candy, sponsored boat
cruise in order to make it. My programs, as starting up with abandoned houses, overgrown lots,
which we started getting those torn down and they're steadily moving. Next one was Model
59 February 29, 1996
City Crime Prevention Task Force, which the Push Out the Pushers have that program still
going. We are involved and have helped start each one of these programs. And the City
Manager, he's done an excellent job with NET (Neighborhood Enhancement Team), which some
of that came out of NET from the program. He's doing an excellent job with that. What we are
asking for this morning ...
Commissioner Plummer: Have you been before the Manager?
Mr. Johnakin: Yes. I... I dropped a packet off with the Manager. I been in front of the Chief of
Police.
Commissioner Plummer: Because I'd like to hear...
Mr. Johnakin: I have no... I don't have no problem at all with the Chief of Police, and I don't
think I'm going to have no problem with the Commissioners. I hope not. I hope not. But just
like I say...
Commissioner Carollo: What is the full amount you're requesting, sir?
Mr. Johnakin: Well, the full amount, which I had to cut this down, really had to cut it down,
which each one of you know that it's... it's really not the amount of money that I will need. It's
thirty-three thousand dollars ($33,000). And last year... In 1993, it was forty-five five. And up
to this date here, up to this date here, we is still working on some of that money, which we are
just about... We're going to go bankrupt, that's what...
Commissioner Carollo: Since 1993 to now, you have been working on the forty-five thousand
funds.
Mr. Johnakin: Yes, but we been selling candy, boat cruise, and begging, and taking up little
funds from other places. Now, you have a NET... like you have your NET lieutenants. Now, we
have something over there. I'm surprised, and it bothers me sometime that I don't have more
people that is involved with this office. You all have one of the first Citizen Crime Watch
Offices, with police officers and citizens working out of that office. You all have... We have
asked over and over again certain... for certain things... for certain things. We furnish the police
office that works out of that office. We furnish them copy machines, we furnish them
secretarial, which we pay for. We furnish everything in that department which we have. When
we ask the City to do something, it is so slow. And you all know the things that's going on out
there now when it comes down to crime. We're having a difficult problem out there. It's so
easy, so easy out there to die, and so hard to live now. And I want to say to you all at this
particular time, I wish you all would look into it, because I have personally hand -delivered each
one of you all a packet, each one of you. Last... In 1993, Commissioner Plummer, I remember
that he made that a motion.
Commissioner Plummer: Mr. Johnakin: Well, Mr. Johnakin, it's been before you. Do you
recommend it, or you don't?
Mr. Cesar Odio (City Manager): Yes, we recommend it. Yes, we do.
Captain Joseph Longueira: Commissioner...
Commissioner Plummer: Then what are we... I mean, why are we beating it?
Captain Longueira: Commissioner, I don't think we're prepared to recommend the whole
amount. I believe...
60 February 29, 1996
Commissioner Plummer. Why not?
Captain Longueira: Well, I believe we...
Commissioner Plummer: I mean, is it because you've not gone through it? You don't have the
money? What's the reason why?
Captain Longueira: No, we don't have the money for all of it. I believe we've agreed to fund
seventy-five hundred dollars ($7,500) at this time.
Commissioner Plummer: Why?
Commissioner Carollo: Well, then we don't recommend it, Mr. Manager.
Commissioner Plummer: Yeah. I don't understand that.
Mr. Odio: Oh, I do, but we don't have the money, so we can only recommend what we have.
Commissioner Plummer: Is this coming from the Law Enforcement Trust Fund?
Captain Longueira: Yes, yes, yes.
Mr. Odio: We don't have money, sir.
Commissioner Plummer: Well, wait a minute. You've got monies on this Law Enforcement
Trust Fund on the other parts of this agenda.
Captain Longueira: Yes.
Commissioner Plummer: Now, I think there's got to come the day... Mr. Manager, I sent you
the other day from the Neighbors - which you told me absolutely could never be done - as to
what Coral Gables was doing.
Mr. Odio: Commissioner, Commissioner, Commissioner...
Commissioner Plummer: Now, you can keep telling me that they're not doing things... And you
know what? They're doing it. They're getting it accomplished. And we're sitting back like a
bunch of dummies.
Mr. Odio: We have been told time and time again that we cannot buy equipment with Law
Enforcement Trust...
Commissioner Plummer: Why don't we learn from other people's profiting within the public
sector?
Mr. Odio: They could be wrong, you know.
Commissioner Plummer: Now, let me just back up, so that I'll not be accused by my colleague.
What is more important to this community, thirty-five thousand dollars for NOBLE (National
Organization of Black Law Enforcement Executives), or thirty-five thousand dollars ($35,000),
which is local, to Johnakin? OK?
Captain Longueira: Sir...
61 February 29, 1996
Commissioner Plummer: Wait, wait. Now, you're giving this money away. You used a half a
million dollars for the International Police Chiefs Association, and we can't find for an
organization who is trying to do well, who has to go out and wash cars, sell candy, and we can't
find him thirty-three thousand? I'll tell you what. I will - with Miller Dawkins, who stopped it
before - there will never be another expenditure from the Law Enforcement Trust Fund until you
start coming up with some reality. Mr. Manager, I've said...
(APPLAUSE)
Commissioner Plummer: I've said it before. I'm going to say it again. I want your
Administration to go to Coral Gables and learn how to do it like they're doing it.
Commissioner Dawkins: They do not have to do but one thing, Commissioner Plummer. Stop
pulling LETF funds into Administration and put it into services to the community.
Commissioner Plummer: Sir, I'm not getting...
Commissioner Dawkins: That's all they got to do.
Commissioner Plummer: I'm not getting to that point. I sent the Manager - what was it on?
Seventy-five thousand - that the City of Coral Gables used, which is what we tried to do and
were told we couldn't do it. Somebody is not playing with a full deck. Now, if they can do it - it
is in the paper - I would assume the Feds would pull their chain if they're not doing it according
to oil.
Mr. Odio: Well, let's... OK. What you are saying is that we should take Law Enforcement
Trust Funds and buy police cars and equipment.
Commissioner Plummer: I didn't say that, sir.
Mr. Odio: That's what you're saying.
Commissioner Plummer: I did not say that.
Mr. Odio: That's what Coral Gables did, Commissioner.
Commissioner Plummer: I'm saying that if they can do it, we can do it. And if that's buying
police cars, so be it.
Commissioner Dawkins: Mr. Plummer.
Mayor Clark: Let's...
Mr. Odio: Are you asking me...
Mayor Clark: Just a minute. Wait, wait a minute.
Mr. Odio: Are you asking me to give it to organizations, or to buy equipment?
Mayor Clark: Wait a minute, wait a minute. Let's come a decision here. J.L., you got a
motion?
Commissioner Plummer: I move that the monies be given to Mr. Johnakin for the purposes of
the Model City Crime Watch Program
62 February 29, 1996
Mayor Clark: Second the motion.
Commissioner Dawkins: It's been moved and seconded. Mr. City... Mr. Vice Mayor, take over.
Call the roll.
Captain Longueira: J.L., what amount?
Commissioner Plummer: I'm sorry. What happened?
Commissioner Carollo: Before...
Commissioner Dawkins: Hold it. We got discussion, Mr. Vice Mayor.
Commissioner Carollo: Before we do take roll call, I'd just like to ask a question.
Commissioner Plummer: Cesar, I brought that to you before.
Mr. Odio: I am told by the lawyer that you cannot do that.
Commissioner Plummer: Then find out how they do it and get away with it.
W. Jones: They're doing it because nobody has challenged it.
Commissioner Plummer: I don't buy that. I don't buy that.
Vice Mayor Gort: J.L., wait, hold it.
Commissioner Carollo: Is any of this money going towards salaries?
Mr. Johnakin: No. There will be none of this money going towards salaries.
Commissioner Carollo: That's fine. That's fine.
Mr. Johnakin: None going for salary at all.
Commissioner Carollo: Good.
Mr. Johnakin: I just hope that this Commission would really...
Commissioner Carollo: We're here to help you, sir.
Mr. Johnakin: OK.
Commissioner Dawkins: And the part, Commissioner Carollo - since you have not been here -
that J.L. and the Mayor and Willy and I are concerned about is, how long did you beg for a van?
How long?
Mr. Johnakin: Sir, I been begging since June of 1994, and as of this date here, we do not...
Commissioner Dawkins: a van.
Mr. Johnakin: A van. ... we do not have that van yet.
63 February 29, 1996
Commissioner Dawkins: OK. All right. How long have you been begging for hand telephones?
Mr. Johnakin: Hand telephones, I was begging for years, which we finally got that out of the
money you gave us the last time.
Commissioner Dawkins: How long were you begging?
Mr. Johnakin: Oh, we was... Oh, geez, ever since 1980, '80, '81, and no one would give them to
US.
Commissioner Dawkins: When the City of Miami gave you some dilapidated, broken up
vehicles, where did you get the money from to buy gas?
Mr. Johnakin: We take... We had to sell candy. We had to do everything to do the thing.
Commissioner Dawkins: So, as J.L. ... As we said, Commissioner Plummer, this is an
organization that's trying to do something in the neighborhood, and every time the man comes
down here, he gets sent to the Manager, and gets sent from the Manager to somebody else, and
nothing happens.
Commissioner Carollo: Well, welcome to the Magic City. But I will say this, sir. I am very
impressed, that you are one of the very few organizations that not only is going out washing cars,
selling candy and doing other projects to raise money, but at the same time, funds that you
request from us, not one penny is going towards salary. And not too many people can say that of
their organizations. So I compliment you for that. But as a point of information, Commissioners
and Mr. Mayor, I think we need to clarify this so that they are not misled. The resolution that is
before us, I think we need to modify it to say the following: That we are recommending,
suggesting to the Chief of Police to approve this, because we cannot force the Chief of Police to
issue those funds. He is the one that has to make that final decision...
Mayor Clark: I think you're right.
Commissioner Carollo: ... recommend it to us.
Commissioner Plummer: No.
Commissioner Carollo: No. He has to recommend it to us.
Commissioner Plummer: We make the final decision.
Commissioner Carollo: Well, J.L., you know, this is not what the laws are.
Commissioner Plummer: No, no.
Commissioner Carollo: But he has to... He has to give it to us.
Commissioner Plummer: It has to be brought here.
Commissioner Carollo: He has to recommend it to us.
Commissioner Plummer: Oh, yeah.
Commissioner Carollo: We cannot tell him, do this. It has to be brought from the Chief to us,
and we can only approve it if he sends that amount to us.
64 February 29, 1996
Commissioner Plummer: Joe...
Commissioner Carollo: So...
Commissioner Dawkins: But we don't approve...
Commissioner Plummer: Let me tell you. Commissioner Daw...
Commissioner Dawkins: We don't approve anything unless all... everything he's got got ours in
it.
Commissioner Plummer: That's right.
Commissioner Carollo: Well, obviously. Obviously.
Commissioner Plummer: And Commissioner Dawkins pulled their chain a couple of years ago,
and finally brought them in line. And I think Commissioner Dawkins or I need to pull the chain
again.
Commissioner Carollo: Well, the chains can be pulled, obviously, but, you know, we have to
follow the law in our resolutions...
Commissioner Plummer: No problem.
Commissioner Carollo: ... and this is all that I'm saying, that the motion should be modified to
say that.
Mr. Johnakin: Just a minute.
Vice Mayor Gort: Is there any further discussion?
Commissioner Dawkins: Call the roll.
Vice Mayor Gort: Do you want to modify the motion, Mr. Plummer?
Commissioner Plummer: No. Modify it to what? Oh, you modify it that we...
Vice Mayor Gort: To recommend on the amount...
Commissioner Plummer: We recommend it to the Chief, yep.
Vice Mayor Gort: And the amount.
Commissioner Plummer: Yep. At the amount that was requested, thirty...
Mr. Johnakin: Thirty-three thousand.
Commissioner Carollo: Thirty-three thousand.
Commissioner Plummer: Make it thirty-five so it's even money.
Vice Mayor Gort: OK. It's been seconded by the Mayor. All in favor, state so by saying "aye."
65 February 29, 1996
The Commission Collectively: Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-110
A MOTION STRONGLY RECOMMENDING TO THE CHIEF OF POLICE TO
APPROVE FUNDING REQUEST IN THE AMOUNT OF $35,000, TO BE
ALLOCATED FROM THE LAW ENFORCEMENT TRUST FUND (LETF), TO MR.
THELBERT JOHNAKIN, CHAIRMAN OF THE MODEL CITY CRIME
PREVENTION SUBCOUNCIL.
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.
Mr. Odio: May I? On the van, Mr. Johnakin, it's at the customs. The chassis is ready. They're
putting the body on, and it should be ready soon.
Mr. Johnakin: Mr. Manager, I been hearing this for the last year.
Mr. Odio: That's all I can go...
Mr. Johnakin: Captain, you know, we was here once before. You walked to me over here. You
said, "Mr. Johnakin, the van is ready."
Captain Longueira: Right.
Mr. Johnakin: We walked to the door there, me and Vice Mayor. They told us the van is ready.
The van is not ready. They keep on telling us the same thing since June of 1993. I'm a little off
here, but since June of 1993. But listen, the only time... We worked together for years.
Commissioner Dawkins: Right.
Mr. Johnakin: And the only time that I will believe that that van is ready is when I see it parked
at the North Police Sub -Station.
Commissioner Plummer: You didn't understand. What it meant is it's ready for the scrap heap.
Mayor Clark: All right. Thank you very much, Mr. Johnakin.
Mr. Johnakin: I'd like to thank each of you all, too. Thank you.
Commissioner Carollo: Thank you all for coming.
66 February 29, 1996
Mr. Manuel Gonzalez-Goenaga: One short comment. I have discovered a hundred thousand
additional monies for this.
Commissioner Plummer: Uh-oh.
Mr. Gonzalez-Goenaga: The hundred thousand dollars that have been stolen for many, many
years ago from the safe of the Police Department, what's the result of that? Where do we have
the thieves and the criminals? Right at the police.
Commissioner Plummer: Well, they say, if you want to get sick, go to a hospital. I guess...
Mayor Clark: That's enough, that's enough.
Mr. Gonzalez-Goenaga: Well, I go to Jackson Memorial because I don't have money to pay
for...
Mayor Clark: Don't encourage it, please.
Mr. Gonzalez-Goenaga: ... for legal expenses or medical, like the emperor and the citizens. We
don't. They do. The fourth poorest City in the nation, and the best ones who are paid.
Something is terribly wrong.
Mayor Clark: Beautiful.
----------------------------------------------------------------------------------------------------------------
21. DIRECT MANAGER TO RESOLVE LOAN ISSUE BETWEEN MR. BIJAN
NAKHJAVAN AND MIAMI CAPITAL DEVELOPMENT, INC. (MCDI)
CONCERNING RENTAL OF CITY PROPERTY -- URGE MCDI TO WORK
TOWARD FAVORABLE DISPOSITION.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Mr. Bijan Nakhjavan, are you present? Oh, yes, Bijan.
Mr. Bijan Nakhjavan: I am Bijan Nakhjavan. I'm the construction engineer, and also the
management contract for the Fort Dallas Park Restaurant. I have Mr. Bob Levy to represent me.
Go ahead.
Mayor Clark: All right. For the record, your name.
Mr. Bob Levy: For the record, Mr. Mayor, my name is Bob Levy. I reside at 780 Northeast 69th
Street in the City of Miami. Mr. Mayor and Commissioners, Mr. Vice Mayor.
Commissioner Dawkins: Pull the mike up.
Mr. Levy: I know that you're all familiar with Bijan's Restaurant. I also know that you're
familiar with Fort Dallas Park, a historic site on the National Register for Historic Properties in
the United States. Bijan has a management contract with the City of Miami. The City owns the
property. The City owns all of the property improvements as part of the relationship between
Bijan's and the City of Miami. We're here today to ask for some relief, Mr. Mayor and
Commissioners, from some situations that have occurred to the property, and, of course, they're
situations that were unpredictable prior to the original situation with Bijan's property. He
invested approximately half a million dollars of his own money into the property in
improvements that are owned by the City, should he fail in his lease, in his contract.
67 February 29, 1996
Commissioner Plummer: Cesar, who'd this come from?
Mr. Cesar Odio (City Manager): (Inaudible)
Commissioner Plummer: Do you agree?
Mr.Odio: Yes.
Mr. Levy: Subsequent to the...
Commissioner Plummer: All right. Mr. Levy, if I can.
Mr. Levy: You may, Mr. Plummer.
Commissioner Plummer: Mr. Mayor, I've been handed this from the extreme left. I think the
motion that they're Iooking for is to pass a resolution requesting the City Manager to work it out
with Miami Capital Development, Inc. and the City staff, in a form acceptable to the City
Attorney, if this City Commission wishes to pursue the debt forgiveness and the rent credit,
similar to that which we did for the barbecue stand on 3rd Avenue and 8th Street. And I think...
Is that correct?
A. Quinn Jones, III, Esq. (City Attorney): No. I think the most you can do... I think the spirit of
the resolution is fine, but keep in mind that the only thing this Commission can do is urge and
recommend that Miami Capital work to forgive that indebtedness. But that resolution doesn't
state that purpose. We'll work with it...
Commissioner Plummer: Well, what it says is the City Manager to "work it out" with Miami
Capital.
Mr. Jones: We'll work with it. OK.
Commissioner Plummer: Yes.
Mr. Jones: OK.
Commissioner Plummer: Mr. Mayor, I'm willing to offer such a motion to pursue it, to send it
to the City Manager.
Commissioner Dawkins: I second the motion, and under discussion.
Mayor Clark: All right.
Commissioner Dawkins: I'm going to say to you again, Mr. Bijan, and as a friend, don't come
down here continuing, telling me that you want me to do for you what we did for the 8th Street
Barbershop - I mean Barbecue.
Commissioner Plummer: Barbecue.
Commissioner Dawkins: OK? We also did the same thing for Emilio Lopez in Wynwood. So
don't put... I want it put in the records...
Commissioner Plummer: That's not true.
68 February 29, 1996
Commissioner Dawkins: that the black barbecue stand Overtown is not the only c *his _ -a
done for.
Commissioner Plummer: We took... We took a hundred and a hundred from his ,41ML._
Development.
Commissioner Dawkins: All right? Put it in the records, because somewhere down the road,
someone will pull these minutes and say, "Oh, they did this only because they did it for People's
Barbecue." No. We did it for you because we had done it twice before. Thank you. Call the
roll.
Commissioner Carollo: Commissioner...
Mayor Clark: Very good. Motion and a second. Roll call.
The following resolution was introduced by Commissioner Plummer, who moved its adoj„`..1:
RESOLUTION NO. 96-111
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXEC;UT; "'°: N
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ' " � A
MIAMI CAPITAL DEVELOPMENT, INC., WHEREBY THE CITY AGRF-�_, 3 TO
ACCEPT THE REDUCTION OF MIAMI CAPITAL DEVELOPMENT INC.'S CITY
REVOLVING LOAN FUND'S RECEIVABLE BY $199,201.48 AND RELEASE
MIAMI CAPITAL DEVELOPMENT, INC. FROM ITS REPORTING OBLIGATION
TO THE CITY WITH REGARD TO OUTSTANDING LOANS MADE TO MIAMA
RIVER GROUP, INC. IN SAID AMOUNT, IN LIEU OF REPAYMENT OF SAID
LOANS, THE PROCEEDS OF SAID LOANS HAVING BEEN EXPENDED ON
PUBLIC FACILITIES IMPROVEMENTS TO FORT DALLAS PARK; RELEASING
MIAMA RIVER GROUP, INC. FROM ITS OBLIGATION WITH REGARD TO SAID
LOANS; FURTHER, INSTRUCTING THE CITY MANAGER TO GRANT TO
MIAMA RIVER GROUP, INC. AN ABATEMENT OF THE MINIMUM
GUARANTEE PAYMENT REQUIRED UNDER THE LICENSE AGREEMENT
BETWEEN MIAMA RIVER GROUP INC. AND THE CITY, IN AN AMOUNT NOT
TO EXCEED $55,798.52, WHILE MAINTAINING THE REQUIREMENT F-',R
PAYMENT BASED ON PERCENTAGE OF GROSS RECEIPTS; F 'R1 ` i .R,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECL_.'?A_
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, 1:
EFFECTUATE SAID PURPOSES SET FORTH 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.
Mr. Nakhjavan: Thank you.
69 February 29, 1996
----------------------------------------------------------------------------------------------------------------
22. GRANT REQUEST TO REPRESENTATIVES OF SCHOONER "HERITAGE
OF MIAMI" FOR COURTESY DOCKAGE (16 FREE DAYS) AT
MIAMARINA FOR SCHOOL TRAINING SCHOONER "HARVEY
GAMAGE" (MARCH 20-APRIL 6, 1996).
Mayor Clark: Item number 45, Captain Joseph Maggio, Schooner Heritage of Miami, requesting
the City Commission grant courtesy docket to Miamarina from the 20th of March to the 6th of
April. Is he here?
Mr. John Thomas: Mr. Mayor, I'm John Thomas. My address is 3037 Southwest 4th Avenue in
Miami.
Commissioner Plummer: Mr. Mayor, I would like to move this and predicate it on the fact that
the owner of this vessel has cooperated with the City every time, he has done it every year for
the Christopher Columbus and Hispanic thing, in bringing great Christopher Columbus to the
shores of this great City, and I would say that to give them 16 free days, I think, is well in
accord.
Vice Mayor Gort: I'll second.
Commissioner Carollo: That sounds like a conflict to me.
Vice Mayor Gort: I'll second if you drop Christopher Columbus out in the bay somewhere.
Commissioner Plummer: Hey, hey, hey. That's fine as long as next year, you're Christopher.
Mayor Clark: Motion and a second. All in favor, signify by saying "aye." Opposed, like sign.
So ordered.
The Commission Collectively: Aye.
Mr. Thomas: Thank you.
Mayor Clark: Yes, sir.
70 February 29, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-112
A RESOLUTION WAIVING DOCKAGE FEES AT THE MIAMARINA FOR THE
PERIOD MARCH 20 THROUGH APRIL 6, 1996 FOR THE TRAINING SCHOONER
"HARVEY GAMAGE".
(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
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
23. DIRECT MANAGER AND POLICE CHIEF TO MEET WITH MR. ROBERT
SMELLIE, FROM CARVER CENTER THEATRE, CONCERNING
EXTENUATING CIRCUMSTANCES SURROUNDING CITY OF MIAMI
OCCUPATIONAL BUSINESS LICENSE.
Mayor Clark: Item number 46, Carver Center Theater, City of Miami business license. Are they
present? Yes, sir. Name and address for the record.
Mr. Robert Smellie: My name is Robert Smellie, 913 Northwest 29th Terrace. I'm sometimes
referred to as Bobby Wales.
Mayor Clark: What are you here on, sir? Tell us the nature of your request.
Commissioner Plummer: Has it been before the Manager?
Mr. Smellie: Never. Never,
Mayor Clark: Mr. Manager.
Commissioner Plummer: Mr. Mayor, not particular to this. This City Commission has a policy -
and this doesn't affect you individually, sir -
Mr. Smellie: Thank you, sir. Go ahead.
Commissioner Plummer: - that there are no personal appearances before this Commission
without first going to the Manager. Now, sir, I... Do you know what's going to happen to you
today, and what we're trying to avoid?
71 February 29, 1996
Mr. Smellie: No, I don't know.
Commissioner Plummer: We're going to say, "Mr. Manager, look into this matter and report
back to us at a later date," and it's tying up the whole day.
Mr. Cesar Odio (City Manager): Can I...
Mr. Smellie: Well, I think the Manager is familiar with it.
Mr. Odio: Let... This license...
Commissioner Plummer: You said it's not been before the Manager.
Mr. Odio: This license was... They wrote a letter to the department. The license was put on a
hold status as early as 1994, because they don't get... The police won't clear them. There have
been numerous arrests in that place, and unless the police clear them, then we cannot issue the
license. And I don't think you should, either.
Mr. Smellie: I don't know if that's the problem. What the problem is, in 1988, I obtained a
license from the City of Miami to operate a theater. In 1992, that license was suspended, based
on the fact they said we were exceeding our use. At that time, they told us that we had to go
down and apply for a special class one permit for a license pertaining to dances and other social
events. We did that in 1992. Mr. Genuardi was the Zoning Administrator at the time. We
passed and all our licenses were issued. I had two licenses for that particular business. And on...
Again, on February 2nd, I went down, I paid for another license from the City of Miami - I think
you guys have a copy of that - for a theater. I still have not received that license. It seems like I
just cannot get a license to operate a business in the City of Miami legally. I've been arrested, I
went to jail, I was bonded out, the Judge found me not guilty. We had an actual trial. The Judge
found me not guilty. My manager that I hired, he was arrested. These are the people that you
see standing here with me, some of them are professional wrestlers and some of them from other,
you know, things that we do at the Carver Center. We provide activities for kids, and this is all
we do.
Commissioner Plummer: Where is this Carver Center?
Mr. Odio: It's on 6050 Northwest 7th Avenue.
Commissioner Plummer: Oh. Oh.
Mr. Smellie: I have my receipts, and I have all my licenses here with me. You guys have to tell
me why I can't operate.
Commissioner Plummer: Sir, sir, we're telling you you can't operate because the Police
Department is telling us that your operation there is not what it should be. Now, you can come
up here, and unless you dispute the Police Department, we've got to go with what they
recommend to us. And I haven't heard anything yet that would tell me that the Police
Department is wrong in their recommendation.
Mr. Smellie: OK. Back in 1992, when this license was approved, Chief Ross... This license
was approved through the City of Miami NET (Neighborhood Enhancement Team) Office.
They had a crime prevention meeting. Chief Ross was there. Major Cheetham at that time was
there, and everybody was there. And it was approved, that I had a license.
72 February 29, 1996
Commissioner Plummer: But now, they don't. Mr. Mayor, my recommend...
Mr. Smellie: I beg your pardon. Why don't I?
Commissioner Plummer: May I make a motion?
Mayor Clark: Surely.
Commissioner Plummer: I recommend in the form of a motion at this time that this group go to
the Police Department, and if they can demonstrate that they are as clean as what they say they
are, they would come back at that time with the City of Miami Police Department's
recommendation. And if they can't prove it to the Police Department, don't come back. That's
my motion.
Mayor Clark: OK. Well, what else can we do?
Mr. Smellie: Well, based on the fact that I have the license... I've been to two judges. The
judges says our license are good. We are a Florida non-profit organization. You know, I don't
understand the situation. I feel that we have good license.
Commissioner Plummer: We don't, either.
Mr. Smellie: I've paid over almost two thousand dollars ($2,000) for license, and I can't obtain
a license.
Commissioner Dawkins: Mr. Mayor, Mr. Mayor.
Mayor Clark: Commissioner Dawkins.
Commissioner Dawkins: OK. We've heard you. And I don't doubt... I've seen the license.
OK? But the Administration is saying that a license is not sufficient, that there are other... I
think they are saying there are other needs to go along with the license which you do not have.
Is that what they told you?
Mr. Smellie: That's what they're saying.
Commissioner Dawkins: All right. Now, let me hear from them. I've heard from you, now.
Let's hear from them, unless J.L.... Where is J.L.?
Commissioner Plummer: Right here, sir.
Commissioner Dawkins: Unless you just want to refer this back to them and let this be worked
out between them.
Vice Mayor Gort: That's what they're saying.
Commissioner Plummer: What I'm saying is, I don't want to sit here and we have another thing
that has happened there in the past, and we sit here approving it. What I'm saying is, let them go
work their scenario out with the Police Department. If the Police Department says, "Hey, we've
worked out a problem, we've put restrictions, we've put conditions, and we now recommend it,"
fine. But I can't sit here and vote for something against my Police Department, who says they're
not... they should not receive the license.
Mr. Odio: May I ask a question?
73 February 29, 1996
Commissioner Dawkins: Yes, sir.
Mr. Odio: Were you not evicted from that building?
Mr. Smellie: We were evicted because of the problem of not being able to operate.
Mr. Odio: So you do not have control of the building.
Mr. Smellie: We're not arguing control of the building here. We're arguing my license.
Mr. Odio: Without a building, you cannot have a license.
Mr. Smellie: No, but, you see, I have a license, and I had the... I have the license and I've had
this license since 1992.
Mr. Odio: Well, the Police Department lieutenant from the NET Office is here, and she is
recommending that you do not get the license.
Mr. Smellie: OK.
Mr. Odio: And I want to support her.
Mr. Smellie: OK. Just a second. Just a second. I have here records where, you know, on my
license, where people changed documents at the City of Miami Finance Department to reflect
whatever they wanted to reflect so I don't have a license. I have proof of that.
Mr. Odio: Please... Would you give him an answer.
Lieutenant Brenda Williams: Good morning. My name is Lieutenant Brenda Williams, and I'm
the NET Commander for Model City. Commissioners, we have tried on more than one occasion
to work out this problem with Mr. Smellie. Unfortunately, we have been unable to do so. There
have been numerous arrests made there, from possession of marijuana to violation of City Code,
operating businesses without license. We've also had complaints from just about everybody that
lives within a two... two blocks from the premises, from teenagers congregating, fightings, et
cetera. We will not be issuing a license to Mr. Smellie to operate a business at 6050 Northwest
7th Avenue.
Mayor Clark: Well, J.L.? Are you coming in by long distance, J.L.?
Vice Mayor Gort: He's got a motion on it.
Mr. Smellie: Well...
Lieutenant Williams: The problem has been going on for a number of years. Initially, the
license was for a theater. He violated the condition of the license by removing the theater. The
building previously was a theater at one time. And when his license was issued to him, it was
issued under the condition that it would remain a theater.
Mr. Smellie: That's not true. There's my floor plan.
Lieutenant Williams: He removed all of the chairs out of the building, and was using it as a
dance hall/disco. And this is the objection that the Police Department has. He violated the
conditions of the class one permit number 92-0173.
74 February 29, 1996
Commissioner Carollo: Well, how many arrests, Lieutenant, did you say that were there, and
again, for what reasons?
Lieutenant Williams: He has been arrested for...
Commissioner Carollo: Who? Who is "he"?
Lieutenant Williams: Mr. Smellie.
Mr. Smellie: Yeah.
Lieutenant Williams: And this is at this location. We only went back a couple of months. We
probably could have gone back several years, because this has been going on for quite some
time. He has been arrested for operating a business without license, illegal disco...
Commissioner Carollo: You don't have any parking lots there, do you, sir?
Mr. Smellie: Yes, we do.
Lieutenant Williams: Also, there are several bench warrants that were out on him. He was
charged with possession of stolen tag, no valid driver's license, he was arrested for possession of
marijuana.
Commissioner Carollo: Well, Lieutenant, I don't know how the rest of the Commission is going
to feel, but I think this is something that the Manager and the Police Department would need to
sit down with him and go over, as the policy of this Commission has been for years.
Commissioner Plummer: Call the question.
Mr. Smellie: I'd like to ask a question. When you have a license in the City of Miami...
Mayor Clark: All right. One more question.
Commissioner Plummer: I called the question, Mr. Mayor.
Mayor Clark: All right. Call the question on the motion.
Mr. Smellie: OK. When you have a license in the...
Mayor Clark: Please.
Mr. Smellie: Sorry. I didn't hear you, sir.
Mayor Clark: Mr. Clerk, call the question on the motion. Roll call.
75 February 29, 1996
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-113
A MOTION DIRECTING THE CITY MANAGER TO GET TOGETHER WITH MR.
R. SMELLIE FROM CARVER CENTER THEATRE AND THE POLICE CHIEF
REGARDING THE EXTENUATING CIRCUMSTANCES SURROUNDING THE
USAGE OF HIS CITY OF MIAMI OCCUPATIONAL BUSINESS LICENSE;
FURTHER, STATING THAT IF MR. SMELLIE CAN APPROPRIATELY
DEMONSTRATE TO SAID OFFICIALS THAT HE IS, IN FACT, VOID OF ANY
IMPROPRIETY, THEN SAID ISSUE CAN COME BACK BEFORE THE
COMMISSION AGAIN (ALONG WITH A FAVORABLE RECOMMENDATION
FROM MIAMI'S POLICE DEPARTMENT.)
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.
Mayor Clark: You got to get with the Manager and the Police Chief.
Mr. Smellie: Just a minute, sir. I thought there was a process... When you have a license,
there's supposed to be an Abatement Board, a Nuisance Abatement Board. There's supposed to
be some kind of legal process before your license is just taken away. There was never any kind
of legal proceeding. The only kind of legal proceeding that there have been have been meetings
that I requested. And I don't think it's right.
Commissioner Carollo: Well, but see, sir, this is why we're asking for you to meet with the
Administration...
Vice Mayor Gort: Go through the process.
Commissioner Carollo: ... so you can have that opportunity to demand that from them, and they
can put it all in writing. And then when you come back here, we could have the whole picture.
Otherwise, it would be unfair for...
Mr. Smellie: I have an approved floor plan.
Commissioner Carollo: ... for everybody else to be taking up maybe an hour or more on this
here.
Mr. Smellie: Why not? It's been... taken me four years. This has cost me everything. I've lost
my fam... I've lost everything. I have an approved floor plan here...
Mayor Clark: Sir, please go back to the Manager and the Police Chief, and let's start this thing
anew. All right? Please do it.
76 February 29, 1996
Mr. Smellie: Start it anew?
Mayor Clark: Yes, sir.
Mr. Smellie: That means I would have to reapply for a license, when you say "start anew"?
Mayor Clark: I don't know whether that's going to be the case or not, but you've got to go back
to the Manager...
Commissioner Plummer: You might not get it.
Mayor Clark: ... according to the resolution just passed by the Commission. Go back to the...
Ms. Enid Smellie: Let me say something.
Mr. Smellie: There's other people...
Mayor Clark: That's enough.
Mr. Smellie: That's enough.
Mayor Clark: That's enough, yeah.
Mr. Smellie: Shoo.
Ms. Smellie: We have something more to say.
Mayor Clark: I know you do, but go to the Manager and the Police Chief, ma'am.
Commissioner Plummer: You'll do it as such time when it comes back, sir.
Ms. Smellie: I shouldn't... Could I ask a question, please? I'm his mother. I am the one make
the appointment to be here.
Commissioner Carollo: Yes, ma'am.
Ms. Smellie: OK?
Unidentified Speaker: Do you block this black man?
Mayor Clark: One question.
Ms. Smellie: Don't do that.
Commissioner Plummer: That's not true.
Ms. Smellie: Don't do that.
Commissioner Plummer: Mr. Robert Smellie is the one...
Ms. Smellie: Good morning, everyone. I asked for this meeting because there are so many
times, as far... My name is Enid Smellie. I am residing at 913 Northwest 29th Street. I called...
asked for this meeting because my kids are here in the State from they were eight years old.
77 February 29, 1996
Now, when the police saying he arrest my son for marijuana, at this age, he has never been
incriminated in the State of Florida. Now, I just want to ask this question. I walk with him
every step to make sure he has his rights to go through with this case, because that's what I care
about. And I went down to the Police Department with him, and I was standing there when the
police told him he did not need a police clearance, because...
Mr. Smellie: The Chief said that.
Ms. Smellie: ... the Chief said that... because he was doing this constantly. It's not one night
service. I want to know where should my son get these rights, when this police keep on arresting
him illegally. He paid for all his license. They've been taking his money, and they kept it there.
And just for one person writing a letter not to give him his license, because the Police Chief did
not give it to him... I was standing... I was standing upstairs with the City of Miami when Mr. -
what's his name?
Mr. Smellie: Genuardi.
Ms. Smellie: - Mr. Genuardi gave him his license and recommended... I think Mr. Genuardi is
well recommended by the City of Miami to give a license. You don't think he is well
recommended to give a license? He's a Zoning Administrator.
Commissioner Plummer: Ma'am, there are many licenses issue that, because of public concern,
the licenses are pulled. And that's...
Ms. Smellie: But the facts remain...
Commissioner Plummer: That's done every day, ma'am.
Ms. Smellie: ... they were pulled without my son's knowledge. And because of one Police
Department does not want to see this thing up, then it is right for them to do this.
Commissioner Plummer: If there are violations occurring, your son doesn't have to be notified,
ma'am.
Ms. Smellie: Is it?
Commissioner Plummer: No, no, no. If there are violations occurring, the Police Department
can pull your license.
Ms. Smellie: There's no violation there. We will prove to you there is no violation. Why would
they be taking his money in the City?
Commissioner Plummer: Mr. Mayor, we're take...
Mayor Clark: Please, ma'am. Please, ma'am. We got your question in.
Ms. Smellie: OK. I've finished my question.
Mayor Clark: Go back to the Manager and the Police Chief. That's where you start.
Ms. Smellie: The Police Chief says he did not need a license.
Mayor Clark: Please, ma'am. A new, a new, a new story. All right. Please go back.
78 February 29, 1996
Commissioner Plummer: Willy, Willy, the next one is yours. Is Earl Carol here?
Mayor Clark: Thank you for being here.
Ms. Smellie: OK.
----------------------------------------------------------------------------------------------------------
24. PERSONAL APPEARANCE: EARL CAROL -- TO DISCUSS CODE
CHAPTER 22, SECTION 2A (GARBAGE AND TRASH).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Is Earl Carol here? I didn't see.
Mayor Clark: Earl Carol?
Mr. Earl Carol: Yes.
Commissioner Plummer: Oh, there he is. How anybody that big and ugly I couldn't see. Mr.
Gort.
Mayor Clark: Willy.
Vice Mayor Gort: Earl asked for a personal appearance.
Commissioner Plummer: Huh?
Mr. Carol: I'm here on a matter that a judge recommend that you correct - in fact, he presides
over your court - for violations in the City of Miami.
Commissioner Plummer: What is it?
Mr. Carol: We had a problem. Mr. Mayor and members of the Commission, I'm here to address
that problem.
Mayor Clark: All right.
Mr. Carol: I think you have a bad policy on the books, and it should be corrected. What was
occurring at my building on Northwest 54th Street and 14th Avenue, the tenant in the building, a
grocer, contracted a dumpster from Lazarus Hauling Services, whatever it is. The dumpster sat
there for several months not being dumped. I went to the owner and I asked him what was
happening. He said, "They're overcharging me. It's four hundred and fifty-six dollars ($456). I
don't owe him that." So I said, "Well, let me call him." I called Lazarus, and Lazarus said,
"We're not going to dump it." I said, "You must dump it." He said, "We're not going to move it
until he pays." So I took the individual, the grocery owner, to the NET (Neighborhood
Enhancement Team) Office. And we settled there. I said, "I'll take him out to Lazarus and see
can we pay it." So we went out there. It was a hundred and ninety-six dollars ($196), not four
hundred. So I came back. Before I could get back to the NET, Mr. Bert there and I had talked.
And I had worked cordially with Mr. Ron Williams. He came out, he cleaned up around. They
were throwing garbage in the yard next door. So I told Mr. Bert, I said, "Then why are you
sending me a notice? I didn't contract for a dumpster. The store contracted for a dumpster." He
sends a young lady a couple of hours later and writes a ticket for two hundred and fifty dollars
($250) a day. The Judge said, "Nonsense."
79 February 29, 1996
4s-' A
Commissioner Plummer: Well, the reason for it, Earl, is that you are the property owner.
Mr. Carol: Holdup. Let me...
Vice Mayor Gort: Let me ask a question. Excuse me, Earl.
Mr. Carol: I'll get to that with what the judge said.
Vice Mayor Gort: It's my understanding about...
Mr. Carol: That's bad law.
Vice Mayor Gort: ... two or three meetings ago, we passed a resolution where the violators, not
the property owners... because this is a problem that we've been having all over.
Mayor Clark: I believe that was deferred.
Vice Mayor Gort: It was... We didn't pass that?
Mr. Cesar Odio (City Manager): It's here today for first reading.
Mr. Carol: It's a bad law, and it shouldn't have never been on the books. And I told Mr. Bert, as
the NET Director, he didn't even give me the courtesy. I said, "Bert, calm down. You can't"...
Vice Mayor Gort: Earl, this is a problem that we've had that... Unfortunately, that's the way the
ordinance was written. My understanding is - and we're going to have it in front of us today -
where the person committing the violation should be the one fined.
Mr. Carol: Right, but here's what he did.
Commissioner Plummer: Yeah, but you can't attach against somebody that doesn't have
anything.
Mr. Carol: He was promoted. Before he received his new job, he sent his secretary, who is
now... who is now working for the NET, to write me a ticket right away. I said, "What is this
foolishness, you know?" I introduced the Countywide Waste Ordinance. You know that, Mr.
Mayor, in the County. I have these dumps all over the County, you know, taking garbage in. I
did that. I tried to talk, and it was nasty. And that girl in there, his secretary, who is now over
the... one of the inspectors...
Commissioner Plummer: Earl, how much is the fine?
Mr. Carol: Well, the judge dropped the fine. I didn't have to pay it. I made the owner... It was
a hundred dollars ($100).
Commissioner Plummer: Oh. You're just here to complain about the procedure. OK.
Mr. Carol: Right. It's bad.
Commissioner Plummer: We're going to be addressing it later on.
Mr. Carol: And when you go and give good law to these people, they should listen and
recommend it on to the Commission. That's all I was asking him to do.
80 February 29, 1996
Commissioner Dawkins: I am very, very shocked at your calmness. OK?
Mr. Carol: Which comment? Why are you shocked?
Commissioner Dawkins: Uh-uh. I said "calmness."
Mr. Carol: Oh. Oh, yeah.
Commissioner Dawkins: "Calmness." OK?
Mr. Carol: Yes. OK. OK, Miller. OK.
Commissioner Dawkins: Because Earl has gone out there... because, see, I live there, just like
him. The duplex behind the store dumps the raw garbage by the post. And Earl, being retired,
has gone out on his own and raked this stuff up, put it in cans, and hauled it away. That's why
I'm...
Mr. Carol: I told him. I told Bert that.
Commissioner Dawkins: That's why I'm surprised. I'm surprised you're this calm, man.
Mr. Carol: Well, Bert treated me dirty. I hauled that garbage away on my own, Mr. Gort, like
he said. I shovelled it up. Not only that, 47th and 19th, you know what the girl... She went
downtown, found another piece of property. Nothing wrong, it's immaculate. She sends me a
notice, some stupid notice. And this is what's going on. I demand that she be removed from
there, because they transferred the guy who was there...
Commissioner Plummer: Next item.
Mr. Carol: See?
Mayor Clark: All right. Fine, Earl. Thank you, buddy.
Vice Mayor Gort: Earl, that has been brought to us, and there's... We're going to be looking at
that today for some changes of the ordinance.
Mayor Clark: Earl, I think your point has been made. It's been made very clearly.
Commissioner Dawkins: Thank you for your appearance, Earl.
----------------------------------------------------------------------------------------------------------------
25. EXPRESS OPPOSITION TO PROPOSED CONGRESSIONAL
IMMIGRATION BILL.
Mayor Clark: All right. The next item.
Commissioner Plummer: Mr. Gort again.
Commissioner Dawkins: Get your paper. Get your paper, Earl.
81 February 29, 1996
Vice Mayor Gort: This is the...
Mayor Clark: Immigration Lawyers Association.
Vice Mayor Gort: Yes. We're supposed to have a resolution on this.
Mayor Clark: Do we have it?
Vice Mayor Gort: Mr. Attorney, do we have a resolution on this.
Commissioner Plummer: On 48?
Vice Mayor Gort: This is on the... on 47.
A. Quinn Jones, III, Esq. (City Attorney): You want me to read it?
Vice Mayor Gort: The Immigration Lawyers, yes.
Mr. Jones: A resolution...
Commissioner Plummer: No. Forty-eight, not 47.
Vice Mayor Gort: Forty-seven.
Commissioner Plummer: Forty-seven?
Vice Mayor Gort: Forty-eight.
Commissioner Plummer: Forty-eight.
Vice Mayor Gort: Forty-eight.
Y
Commissioner Plummer: That's what I said.
Mr. Jones: Yeah. Well, that's what I'm reading, 48. I was about to read. A resolution of the
City of Miami Commission expressing the opposition to the proposed Immigration Reform Act
of 1995 introduced in the Senate as Senate Bill Number 1394, and proposed Immigration and
National Interest Act introduced in the House of Representatives as House Bill HR2202, and
urging the United States Congress to defeat said bills; further directing the City Clerk to transmit
a copy of the herein resolution to the members of the Florida delegation to the Congress of the
United States.
Mayor Clark: All right. Moved byr 'Willy?
Vice Mayor Gort: Move it.
Commissioner Plummer: Second.
Mayor Clark: Second. If there's no exception, Mr. Clerk, cast a unanimous ballot.
82 February 29, 1996
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-114
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS
OPPOSITION TO THE PROPOSED IMMIGRATION REFORM ACT OF 1995,
INTRODUCED IN THE SENATE AS SENATE BILL S. 1394 AND PROPOSED
IMMIGRATION IN THE NATIONAL INTEREST ACT, INTRODUCED IN THE
HOUSE OF REPRESENTATIVES AS HOUSE BILL H.R. 2202, AND URGING THE
UNITED STATES CONGRESS TO DEFEAT SAID BILLS; FURTHER, DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THE HEREIN RESOLUTION TO
THE MEMBERS OF THE FLORIDA DELEGATION TO THE CONGRESS OF THE
UNITED STATES.
(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.
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner arollo requested of the Clerk to be shown in
agreement with the motion.
Mayor Clark: Ms. Lucia Dougherty.
Mr. Odio: Mr. Mayor, while you're waiting, why don't you take 48-C. And the other one is
going to be long.
Mayor Clark: How about 48-B?
Mr. Odio: Huh?
Mayor Clark: How about 48-B?
Mr. Odio: That was withdrawn. We reached an agreement, Ms. Fandino and myself, and..
Commissioner Dawkins: So what... Wait, see, but...
Mr. Odio: She said she...
83 February 29, 1996
Commissioner Dawkins: I'm sorry. Wait. I don't want to cut you off, Mr. Manager. Was it
withdrawn by her or by the Administration? I need to know.
Mr. Odio: By her.
Commissioner Dawkins: OK. Put that in the records, please.
Mr. Odio: It was withdrawn by the... the...
Mayor Clark: All right. Forty-eight-B has been withdrawn by the...
Mr. Odio: Number 48-B.
Mayor Clark: ... by the person that requested it.
NOTE FOR THE RECORD: At this point, agendi itern 48-B was
withdrawn.
----------------------------------------------------------------------------------------------------------------
26. AUTHORIZE METRO PARKING TO UTILIZE ITS UNIMPROVED
PARKING LOTS IN VICINITY OF MIAMI ARENA FOR SPECIAL EVENTS
PARKING (NOT TO EXCEED 75 EVENTS) -- SUBJECT TO OPERATORS
OBTAINING CLASS I SPECIAL PERMITS AND PAYING APPLICABLE
FEES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Yes, ma'am. For the record, your name, please.
Ms. Lucia Dougherty: Good morning, Mayor Clark, members of the Commission. My name is
Lucia Dougherty, with offices at 1221 Brickell Avenue, here today representing Metro Parking -
Rodney Barreto is with me - the VIP Parking, and Central Parking. These three parking
attendants and lot lessees provide probably 90 percent of the parking in and around the Arena on
which the City actually relied when it got its NBA (National Basketball Association) franchise
here. And in connection with this, we're asking... We... It was pointed out to us that some of
our lots may not be in compliance with the City rules and regulations. We are, therefore, asking
for two solutions, one a short-term solution, and one a long-term solution. In connection with
the long-term solution, we're asking that instead of closing our lots, in terms of a long-term
solution, we would ask that the City create a zoning category for temporary special event
parking. We'd also ask that a guides and standards be created for that kind of parking, because,
in truth, the City wouldn't want every lot that is used for parking in and around the Orange Bowl
and the Arena, which is now grass lots, being used by children for playing soccer, et cetera,
paved into a parking lot. So we're asking for, as a long-term solution, for you to direct the
Administration to create this kind of special event parking category, and guides and standards
that go along with that. In connection with the short-term solution, we would ask that you grant
these operators... Right now, you have a class one permit standard. We have gotten a class one
permit, but I understand that the Administration has determined that that can only be on a one-
time event basis, unless the City Commission permits otherwise. I have an ordinance here which
specifically says that only two temporary events may be permitted, which means that they can
84 February 29, 1996
operate during two basketball games in the future, unless approved by the City Commission. So
in a short-term basis, we would ask that a class one permit be granted to the operators in order
for them to operate these parking lots through the season, and then we would comply with the
long-term solution. In connection with that, we would agree to do whatever is necessary to
safely secure the lots and to make them safe, in terms of lighting and other kinds of standards
that the City may think is necessary.
Commissioner Carollo: Mr. Mayor, may I ask Lucia a question or two?
Mayor Clark: Surely.
Commissioner Carollo: Thank you, sir. Lucia, you stated one name of the principals of one of
the three clients that you have.
Ms. Dougherty: Mm-hmm.
Commissioner Carollo: Can you go over the list of all the principles of the three companies, so
that we can know who the principals are, for the record?
Ms. Dougherty: Well, the principals for VIP Parking is Ricardo Mitral, and I understand his
sons are in that business with him, as well as Mickey Meyers from Central City parking.
Commissioner Carollo: OK. Now, in Central City Parking, are there any other owners or
principals?
Ms. Dougherty: I don't know.
Commissioner Carollo: OK.
Ms. Dougherty: I have not done their corporate work.
Commissioner Carollo: Oh.
Ms. Dougherty: So I can't tell you. I only met with Mr. Meyers...
Commissioner Carollo: Well, you're only telling us what you know as of now, and I thank you
for that. One of the questions that I would like to ask you before we proceed is, one of the
requirements, as you know, that we have, is that all these lots provide police officers. One of the
biggest problems we have had around the Arena has been a lack of law enforcement visibility in
and around the Arena. Now, I know that Metro Parking has been one of the few that has
provided that. And in that aspect, I think they should be complimented. But there are many
others that have not, and that has hurt, in my estimation, attendance at the Arena. It has hurt
security there, and it's forcing the City of Miami Sports Authority to have to pay monies to put
more people out there. For instance, as you know, the last two basketball games, with the
cooperation of the Manager - and the Sports Authority is going to end up, I'm sure, paying the
bill, from the conversation that I had with the Manager - we put out there double the amount of
the police officers that the City of Miami usually has out there. We had approximately 40 police
officers out there, in and around the Arena. We were trying to create the climate of security
around there. Do Central...
Ms. Dougherty: And you've been successful at it.
Commissioner Carollo: Well...
85 February 29, 1996
Ms. Dougherty: And we thank you.
Commissioner Carollo: And I thank you for that, but it's... We have to go a long way still.
Central and VIP, do you know if they are providing police officers out there with Metro?
Ms. Dougherty: They are, they are. They would just as soon not, to not do it, actually. They
have asked that they get some relief from that. Maybe they could combine their lots and have
one police officer patrolling both. But they find that this ordinance is burdensome to them,
because, basically, it requires them to park at least a hundred more cars in order to make the
same kind of earnings. But let me just say this to you. They are asking for that kind of relief.
We understand the necessity for security. We know that MSEA (Miami Sports and Exhibition
Authority) has put out more police officers, and for that reason, we were asking for some relief.
Commissioner Carollo: Yeah, but that's the whole thing, see. I don't want government, whether
it's through the City of Miami directly, or through a City agency, that the Miami Sports and
Exhibition Authority is, to end up paying the bill that a private enterprise should be paying. So I
want to make sure that...
Ms. Dougherty: They comply.
Commissioner Carollo: ... all these independent operators still keep on paying for the police
officers that they're supposed to, according to the law. And this is one issue that I would
recommend to my colleagues that we stand very firm on. Now, I think that this Commission
should definitely consider a long-term plan. I don't think that things are as alarming as you
stated. I don't think the problem is as great. And we do have some problems in other areas that
need to be addressed relating to this. But I don't think that it's as alarming as you're stating.
But nevertheless, I do agree that we should look at this in a long-term solution. We need to
review this, and try to be as reasonable as we can, while, at the same time, protecting the City's
and the residents' best interest. My concern is now - and this is what I would like to ask the City
Attorney on - on a short-term solution, as you suggested, should this Commission be in a
position to be able to get involved in it now, or would we be opening up Pandora's Box, and at
the same time, violating our own procedures within the City of Miami? And on that, I would
like to ask the City Attorney's Office if they feel that the City Commission can legally move
forward on the first request that Ms. Dougherty has requested, since, I believe, we have a
procedure?
Mayor Clark: Joe, Joe, Joe. Excuse me, Joe. Before you do that, let me ask a few questions
first.
Commissioner Carollo: Yes, sir.
Mayor Clark: These are to the Manager and also... I sent you a request a couple of weeks ago, a
week or so ago, about how many lots the City of Miami owns that do not meet the qualifications
of what we're speaking about at the present time.
Mr. Cesar Odio (City Manager): OK. Put it on the record.
Commissioner Plummer: You mean parking lots?
Mayor Clark: Yeah, for parking.
Mr. Odio: We have some answers here, sir.
Mayor Clark: Because we don't want to get ourselves in a jackpot where we're going to get
sued every time we open our mouths.
86 February 29, 1996
Commissioner Plummer: Then the answer is none.
Ms. Christina Cuervo (Assistant City Manager): All right, Mr. Mayor.
Mayor Clark: Yes.
Ms. Cuervo: I can go through your five questions. On the first question you had, you asked, the
occupational licenses and certificates of use that have been issued from 1986. We're compiling
a list now in our Computers Department, but our records only go back one year. So we're going
to bring you that list. Your second question was, "Have any of the parking lots conformed with
the guidelines to parking lots established on the September 4, 1990... of the City Code?" And
most of the legal lots that we have have complied with the guidelines to parking lots that was
established, but there have been waivers issued in the past. And most of the waivers that were
issued were issued so the lots wouldn't have to come and obtain variances. Waivers have
typically been done in the past administratively. We have now been told by the Law Department
they can no longer be done administratively. The third question you asked is, "Whether waivers
have been done or exceptions granted to any parking lot operators for the past ten years?" And
like I just said, we have given waivers in the past. They were done administratively, and we've
been advised that we cannot, you know, do that any Ionger. Your fourth question is a list, if any,
of all the waivers issued by the Code Enforcement Board. And the Code Enforcement Board
does not issue waivers. So we do not have a list of those. And the last thing that you asked was
a list of all the citations issued to parking lot operators for the past ten years. We have a
compiled list, based on the complaint tracking system for the past year, and it's just for 1995,
and we have 361 complaints, and that's for unimproved surfaces. And I just got the list this
morning, so I can pass it out to you if you'd like.
Mayor Clark: All right.
Vice Mayor Gort: How many?
Mr. Odio: Three hundred and sixty-one.
Ms. Cuervo: Three hundred and sixty-one complaints.
Mayor Clark: For you, Mr. Attorney. The grass lots next to the Arena, are they any different
than the grass lost next to the Orange Bowl?
Mr. Joel Maxwell (Deputy City Attorney): I couldn't answer that, Mr. Mayor. Maybe the
Administration can.
Mr. Odio: The question...
Mayor Clark: Are the grass lots next to the Arena any different than the grass lots next to the
Orange Bowl Stadium?
Mr. Odio: Yes. Yes, sir.
Mayor Clark: How are they different?
Mr. Odio: The ones that are on the south side of the Orange Bowl have a...
Mayor Clark: No, I'm not talking about that. I'm talking about outside the Orange Bowl
perimeter.
87 February 29, 1996
M
Mr. Odio: Oh, oh, I'm sorry. I thought you meant in the Orange Bowl property.
Mayor Clark: No, outside... West of 16th Avenue.
Mr. Odio: No, no. There is no difference.
Mayor Clark: There's no lighting over there? There's no pavement?
Mr. Odio: There is no difference.
Mayor Clark: Mr. Maxwell.
Mr. Maxwell: Yes, sir.
Mayor Clark: You received a letter from the attorney for the Miami Sports and Exhibition
Authority dated February the 20th, and... referring to valet parking. Were the streets there ever
closed, actually closed?
Mr. Maxwell: I know which one he's talking about.
Mayor Clark: Can anyone around there close a street?
Mr. Maxwell: No. The Commission is the only entity that closes the street.
Commissioner Plummer: We did some action here.
Mr. Maxwell: And what happened was several years ago, a motion was passed by the City
Commission directing the City to take action to close the street. And it's my understanding that
actions were taken. The question is whether or not those actions actually were concluded and
led to the actual closure of the street. And there's a second question as to what area of those two
lanes the divided street was actually closed. The Public Works Department probably could look
into that and tell you whether or not that actually occurred. But I understand the process was
initiated. The question is whether or not it was properly concluded.
Mayor Clark: Let me ask you this. Is the valet parking operation of Marino Parking in
compliance with all the laws, permits, et cetera?
Mr. Maxwell: Valet parking, in general, in the City of Miami and the public right-of-way is not
a permitted activity, Mr. Mayor. There is no procedure for the use of the public right-of-way in
the City of Miami for legally conducting valet parking in the public right-of-way.
Mayor Clark: These streets were never formally closed, and now they have valet parking on it?
Mr. Maxwell: Well, the issue of valet parking is quite separate from the issue of whether or not
they were closed. Well, no, sir, you're correct. If, in fact, that portion that's used for public
right-of-way, that's used over there is the public right-of-way, then that would not be a legal
activity.
Commissioner Plummer: Well, can... Mr. Mayor, then there's, obviously, a lot of illegal
activity.
Mr. Maxwell: That's correct.
88 February 29, 1996
Commissioner Plummer: Gusman Hall... Gusman Theater has valet parking both on Flagler
Street and on Southeast 2nd Avenue. And I can think of others. Now, I guess it's not to be that
it's a full-time thing, but here again, what about the part-time or special events?
Mayor Clark: You can't have fish on Friday and feathers on Monday.
Commissioner Carollo: Well, this is what I tried to do, if you all will recall - if not, we could
bring the minutes out - at the last Commission meeting before all this started happening.
Commissioner Plummer: We closed it.
Commissioner Carollo: In the regular meeting, where I requested of this Commission that we
would close, or rather open that street up, Northwest 1st Avenue, because by opening it up, that
would have resolved the problem of valet parking, VIP parking, and everything else. And the
Manager, and the police, and some members here were telling me it could not be done, it could
not be done. Therefore, that's the reason that it was not done. Now, it was the new interim
attorney for the Sports Authority that brought our attention to all of this. It has been the Sports
Authority now that has been trying to resolve this. We've been in contact with the City
Attorney's Office, through legal counsel, trying to get this resolved. Because the way that it
should have been done was through an ordinance. I was, one, in favor of doing away with valet
parking, doing away with VIP parking, but I was condemned. And, you know, frankly, attacked
on the radio that, how dare I would consider closing or changing anything with valet parking or
VIP parking. The bottom line is that this was done in a matter that it was not following the law.
Maybe it was following the intent of the Commission, but it was done in a manner that it should
not have been done in. Since I've become the Chairman of the Sports Authority, we've been
trying to clean this up. Everyone in this Commission, everyone in this City Administration has
been aware of the situation with the valet parking there, the VIP parking, but gentlemen, we
can't have it both ways, you know. You...
Mayor Clark: Let me ask you one question, Joe.
Commissioner Carollo: Yes, sir.
Mayor Clark: Have you recently signed a contract with... for the Leisure Parking over at the
Arena?
Commissioner Carollo: I have not signed anything. As Chairman of the Sports Authority,
according to the by-laws, only the Chairman, after approval by the board of directors, can sign
contracts. And frankly, Mr. Mayor, that's another problem that we ran into. All the contracts
that were being signed by the Sports Authority were never signed by any of the former
Chairmen. They were being signed by the Executive Director or others. So I have not signed
anything.
Mayor Clark: All right. I just want to make sure that we don't want to make impossible...
because if people knew the real story - and I wasn't with this Commission at that time when it
was passed - but had it not been for the supply of these off-street parking places, the Miami
Arena would have never been here. That was a demand from the NBA itself, that you had to
have so many parking spaces, and they were provided, and how they were provided, I know
nothing about. But now, we're about knocking them in the head. Not only Barreto and his
group, but a lot of people around there have been shot down. So let's try to come to some
compromise here and see what we can do with it.
Commissioner Dawkins: Mr. Mayor.
89 February 29, 1996
ANA
Ms. Dougherty: Let me just tell you of a little incident that occurred that... The first night that
this... when it was pointed out that we were not operating legally, Mr. Ricardo Mitral's lot, he
left the lot because he was told to leave. He leaves, he comes back, and he sees the lot is
completely full of cars, because somebody else has now started parking cars and taking money
for his lot.
Commissioner Plummer: That's the homeless.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Mr. Mayor, you are correct. Parking was provided to the Heat in order
for them to get the franchise.
Mayor Clark: Right.
Commissioner Dawkins: But the Heat should have built parking long ago, because it was not
given to them forever. There was a time limit as to the number of days, or years, or what - that
that parking would be made available to the Miami Heat. The Miami Heat was to have built
parking by now. That's number one.
Commissioner Carollo: Or at least the Sports Authority should have gotten involved in having
done that.
Commissioner Dawkins: That's number one.
Commissioner Carollo: The requirement from the NBA was, and it still is, for any new
franchise, that they have to have 4500 spaces within a certain area, which we have more than
ample that, whether these two lots are open or not open, or whether some of the other lots that
were closed down are open or not. We still have more than ample that.
Commissioner Plummer: Yeah, but you got a problem that you all are forgetting about.
Commissioner Carollo: That's why in the City of Miami off-street parking lots in every game,
we're short in selling approximately 415 spaces. That's 28 percent of our capacity of over 1500
parking spaces.
Commissioner Dawkins: To anyone... Who issues...
Commissioner Plummer: Where are we?
Commissioner Dawkins: I'm trying to get some answers to some things I don't know. That's
where we are.
Commissioner Plummer: That's good.
Commissioner Dawkins: OK. Thank you. Who is responsible for VIP parking? Can anybody
tell me that? Now...
Mayor Clark: There's a contract out there now.
Mr. Odio: As of now... Before that, the list was prepared by the manager of the Arena, LMI
(Leisure Management, Inc.)
90 February 29, 1996
Commissioner Dawkins: OK. And the Heat. And the Heat.
Commissioner Carollo: Well, the Leisure Management has been handling the VIP...
Mr. Odio: Right, right.
Commissioner Carollo: ... parking at the Arena.
Mr. Odio: Up to now.
Commissioner Carollo: What happened was, back in 1989, at a motion made by Commissioner
De Yurre, approved by the present Commission - or the former Commission, should I say - at
that time, which Mayor Clark and I were not here at the time, nor...
Mayor Clark: Willy.
Commissioner Carollo: ... Commissioner Gort.
Vice Mayor Gort: I never use the parking.
Commissioner Carollo: Excuse me?
Mayor Clark: I've never been there.
Vice Mayor Gort: I never use the parking.
Commissioner Carollo: That the motion was made for the Sports Authority to handle the closing
of that street. From then on, nothing was ever brought back - like it should have been - to the
City Attorney's Office for an official ordinance, all these years. Somehow, that was used as a
subterfuge so that the Sports Authority could give that to Leisure Management.
Commissioner Plummer: Steve, Steve.
Commissioner Carollo: And Leisure Management was the one who decided, without any
bidding process, for a minute amount, what they were going to do with valet parking, who they
gave it to, and what they were going to charge.
Mayor Clark: What time is zoning? Five?
Commissioner Plummer: I don't remember. Hold it.
Commissioner Carollo: And the situation that I found was that with all this "hey to-do" about
the VIP parking, frankly, what was never reported was that the vast use of that City street was
not being used for VIP parking. It was being used for valet parking, for a private operator to be
making and charging between twelve (12), fifteen dollars ($15) per car. He was not only parking
vehicles in lots, but he was using the bulk of that City street without paying the City of Miami,
nor the Sports Authority, one dime for the use of that street.
Mayor Clark: But Joe, what's happening today?
Commissioner Dawkins: Mr. Mayor, can I have...
Mayor Clark: What's happening today?
91 February 29, 1996
Commissioner Dawkins: If I can have ten minutes uninterrupted, I can get through my list.
Would you all give... Would the rest of the Commissioners give me ten minutes to get the
answers to what I need, please? And then you all can elaborate or whatever you have to do.
Mayor Clark: Yes, sir. At eleven -fifty-five, and then we go to lunch. Go ahead.
Commissioner Dawkins: Oh, so I can take... OK, I got ten minutes, all right. OK. Mr.
Manager, again, to you, please. When you and I first... When the Arena came here, who gave
out VIP parking?
Mr. Odio: It was prepared by Rob Franklin.
Commissioner Dawkins: And when we asked for it, they told us we could not issue it out. Am I
correct, sir?
Mr. Odio: That is correct.
Commissioner Dawkins: I don't care who we asked for, the Heat and those told the
Commissioners and the City Manager that you cannot have any VIP parking.
Mr. Odio: That's correct.
Commissioner Dawkins: Am I correct?
Mr. Odio: Yes, sir.
Commissioner Dawkins: Now, all of a sudden, I see in the paper Miller Dawkins gave
somebody some parking, which is a lie.
Mr. Odio: Oh, not, that...
Commissioner Dawkins: That's all right. I don't have a problem with it, see.
Mr. Odio: Yeah, you are right. You mean the last list was prepared by... with the Sports
Authority...
Commissioner Dawkins: I don't care who applied it.
Mr. Odio: ... after they took control two weeks ago.
Commissioner Dawkins: But they need a letter from somewhere to say I gave somebody
anything. OK? Number one, to you, Lucia, is this being reviewed by the Code Enforcement
Board?
Ms. Dougherty: No, not at this time, because we are coming...
Commissioner Dawkins: I mean Mr. Barreto's case.
Ms. Dougherty: No. The reason is, is because he shut down.
Commissioner Dawkins: You're like my wife. I asked you is it, or is it not?
Ms. Dougherty: No.
92 February 29, 1996
Commissioner Dawkins: Huh?
Ms. Dougherty: No.
Commissioner Dawkins: OK. Number two, is it going to go before the Code Enforcement - I
mean the Zoning Board?
Ms. Dougherty: Umm...
Commissioner Dawkins: The reason I ask this, Rodney, is we need...
Ms. Dougherty: Yes, there is an appeal.
Commissioner Dawkins: See, we can't hear this twice, you know. We have to make up our
mind. Either we're going to end it today, or put it off, because we can't vote... We shouldn't
vote on it twice. We shouldn't make a decision here today and then have it come back to us after
it has gone to the Code Enforcement Board - I mean the Zoning Board - for us to make a
decision on.
Ms. Dougherty: This is an...
Commissioner Dawkins: So something has to be done.
Mr.Odio: Commissioner...
Commissioner Carollo: You're right. You're right, Commissioner. It would be illegal.
Ms. Dougherty: This is an entirely different issue, Commissioner Dawkins.
Mayor Clark: That was your ten minutes.
Commissioner Dawkins: OK. Thank you, sir.
Mayor Clark: All right. Continue now. Let's come to a decision here.
Ms. Dougherty: We are asking today for you, under your authorization, under 906.9, Temporary
Special events - Special Permits - to grant a class one permit, subject to the conditions that the
Administration would like to have for safety, et cetera, to grant us a class one permit for every
night that there is an event until the end of the season. Now, that means for our clients that they
have to actually go pull a permit for every, every single night, and pay the fee every single night,
but it's a legal methodology of getting us through the season until a final resolution on a long-
term basis can be found.
Mayor Clark: That sounds like a very reasonable solution. But...
Commissioner Carollo: Mr. City Attorney.
Mr. Maxwell: Yes, sir.
Commissioner Carollo: Based upon what you've heard here today, can this Commission take
any action on a short-term solution, and particularly when... As I understand it, there is a process
going on through the Zoning Board now, and this is going to come back to us again. In other
words, can we bypass that whole process, throw it aside and listen to this before it goes through
that process, when it's going to come back to us again, anyway?
93 February 29, 1996
Mr. Maxwell: Commissioner, the answer to that is that you cannot bypass any process that is set
forth in the City Code or the City Zoning Code. As you are aware...
Commissioner Plummer: The Zoning Codes have changed.
Mr. Maxwell: As you are aware...
Commissioner Plummer: That's not what they're asking for.
Mr. Maxwell: ... this property is the subject of two enforcement actions. One, it is an action on
appeal and cross -appeal to the Zoning Board, which ultimately could end up before you on
appeal from the Zoning Board. It also is the subject of a Code Enforcement action, by virtue of
citations that were issued very recently for failure to comply with the Zoning Code and so forth.
That Code Enforcement action, you have no jurisdiction, whatsoever in, and we have explained
that to the Commission on several occasions. However, with that in mind, it would not be proper
to deal with any of the issues that are on appeal to the Zoning Board, or going to the Code
Enforcement Board. But as Ms. Dougherty has pointed out just now, what she is asking for now
is something distinct and different - not to be redundant - from the issues, as I understand them,
now pending before the Zoning Board. What she is asking for is for you to grant - and correct
me if I'm mistaken, Ms. Dougherty - but if I've heard you correctly, what you're asking for is for
the Commission to waive a provision of the Zoning - of the Code - dealing with temporary
permits, class one permits. There is a provision of the Code that says that the City Commission
can waive the limitation on temporary parking permits, when the number exceeds two. The
question is this - and that's a question that the Zoning Administrator would have to deal with,
and I think he may be prepared to deal with that - the question is whether or not that provision
applies to lots of that type. That is, the provision that says you can waive the two -event, two -
week limitation, whether that applies to events of this type. As I understand it, as I said, that is
not an issue that is presently subject to any of the litigation or procedures making their way
through. So the Zoning Administrator can address that question.
Commissioner Plummer: Well, let's find out.
Mr. Juan Gonzalez: Yeah. I'm Juan Gonzalez, acting Zoning Administrator. The...
Commissioner Plummer: Mr. Mayor, excuse me. There's a lot of people that are here who have
no bearing on this item...
Mayor Clark: I know it.
Commissioner Plummer: .. who better be... who better be aware that your item is not going to be
heard until after three o'clock, because we leave, according to policy, at noon. So you are
welcome to stay here, but all of you should be aware that whatever your item is, this is going to
be the last item before the lunch break. Mr. Mayor, if I'm out of line, I'm sorry, but I just
thought it was fair to let these people know.
Mayor Clark: That' all right. I'm glad you made the announcement. OK. All right. Ms.
Dougherty.
Mr. Maxwell: No, the Zoning Administrator.
Commissioner Plummer: No, we're waiting... We're waiting for him.
Mr. Gonzalez: Yeah. The answer to that question is the section Ms. Dougherty has quoted does
allow up to two events on private property per year, per site. In other words, anything over two
94 February 29, 1996
is special events, which would include per game. One event is actually one game. The only way
they could have more on private property is by authorization of the City Commission, and it does
cover that type of special use. Class one, basically, is a special permit to relax some of the
regulations allowed by Code.
Mayor Clark: Is it fair to us to go like that? You want to go like that?
Commissioner Plummer: I saved you people the time. We would ask you, please, to exit. We
still have business to conduct. Thank you.
Mayor Clark: Do it quietly, please.
Commissioner Plummer: Sir, let me ask you this. All I've heard today is about basketball
games. There's an awful lot of other activities that do take place at that facility.
Mayor Clark: That's right.
Commissioner Plummer: Now, I'm here because I'm sure my office, among others, have been
receiving... And I'm not speaking to the VIP. That is something we've got to deal with
individually. But just parking in general in and around the Arena, people complaining that
they're having trouble finding parking spaces. So my question is, don't speak to just basketball
games. If we're talking about - which I think we're talking about - the need, the need for
parking in and around, then I have to say to you, what can we do or not do to bring, first and
foremost, as to the regulations in compliance? I'm not talking about the zoning or the zoning
aspect, but I'm talking about the fencing, the lighting, the security, and things of that... the
paving, if that's the case, whatever the compliances requested, that if we were to grant that
waiver, saying that they would come into the regulation compliance within a reasonable period -
90 days, 100 days, whatever is reasonable, I don't know - that we be able to grant that as it
relates to other than the VIP, which I think we've got to handle individually.
Mr. Gonzalez: The answer to number... Number one, Commissioner, you're right. It's for all
events, not only basketball. We're talking any event in the Arena. The answer to number two to
your question is, yes, there is a provision to class one. We could set certain conditions on them,
if you were to waive more than the two required.
Commissioner Plummer: Excuse me. There is an ordinance presently, because I sat here when
we made the ordinance, relating to parking lots in the City of Miami by private or public. They
had to have lighting, they had to have fencing...
Mr. Gonzalez: That is correct, mm-hmm.
Commissioner Plummer: ... they had to have a chain across the gate at night, I think it was, to
make sure that nobody could use it after hours, and that's the compliance that I'm talking about.
Mr. Gonzalez: Yes. Meeting the... It's called the guidance standards of the City of Miami.
That is correct.
Commissioner Plummer: OK. Yeah, yeah, OK.
Mayor Clark: If we can do that...
Commissioner Carollo: Juan...
Mayor Clark: Go ahead.
95 February 29, 1996
Commissioner Carollo: Juan, if I could ask you the following: You're saying this would have to
be for - or I think Lucia said that. I want you to reconfirm that - this would have to be a permit
for each and every activity, every day. In other words, each week, if there are two activities per
week, let's say, they would have to get a permit for that particular activity.
Mr. Gonzalez: That is correct, Commissioner.
Commissioner Carollo: The permit would have to be in each individual lot, not if they have two,
they combine two. It would have to be for each individual lot.
Mr. Gonzalez: That is correct, sir.
Commissioner Carollo: What is the cost of that permit?
Mr. Gonzalez: It's a hundred dollars ($100) for the class one.
Commissioner Carollo: OK. So it would be a hundred dollars ($100) per lot.
Mr. Gonzalez: Per site, per...
Commissioner Carollo: Yeah, per site.
Mr. Gonzalez: Correct.
Commissioner Carollo: Per lot that they...
Mr. Gonzalez: Per event.
Commissioner Carollo: ... have to pay for event.
Commissioner Plummer: How many lots are there, Joe?
Commissioner Carollo: There is, I think, the two that Rodney has hold about 400 vehicles, and
there is, I think, three smaller ones, if I remember, but I'm not sure who they all belong to
exactly. But the one thing that I do want to clarify for my colleagues, my office hasn't received
one call, nor, to my knowledge, the Sports Authority, with what I've checked out there, of
anyone complaining of not being able to get parking spaces around the Arena. On the contrary,
we have more than sufficient parking spaces around the Arena. This is why... As I stated before,
this doesn't come from me. It comes from the Executive Director of the Off -Street Parking
Authority, Clark Cook. It shows that we have some 28 percent average, per event, parking
spaces in the City of Miami's off-street parking lots that are not being filled. That amounts to
approximately 415 parking spaces. So we're not short of parking spaces there, before nor now.
That's not the problem that we're having there. The problem that we're having there is not a
problem of parking. It's a problem of security. That's the problem we're having there. Now,
the Mayor, rightly so, brought up an issue that I was bringing up today in the appropriate time of
the Commission, with Marino Parking, VIP, because as far as I'm concerned, I mean, if 1 have
the backing of this Commission, I'd just as soon open that portion of Northwest 1st Avenue and
get rid of valet parking, get rid of VIP parking all together. But what I am not going to do is be
in a situation that if I do away with it, I'm attacked; if I don't, I'm attacked. We can't have it
both ways. You all decide. I mean, this has been going on for years, before I came on board,
and, you know, the monkey is not going to be thrown at me. You all decide how you want to
deal with that. I mean, the issue now has been brought in the open. I will be happy to do away
with valet parking, VIP parking. But the reason that I didn't suggest that we do that when I
96 February 29, 1996
found out what was going on was that I was being attacked from all ends - from City Hall, from
those in radio - they were getting freebies and had been getting freebies in valet parking for
years, that have a mike to speak to thousands of people - and many others. I mean, I could not
believe that valet parking became such an issue out of the clear blue sky. And that did become
the issue. I started finding out why it became an issue. And the one thing that even surprised me
the most was there was going to be made... a change to be made where Leisure Management was
going to bring in the Off -Street Parking Authority's company that does their valet parking over
at our theater in downtown, Gusman, because they had gone through a bidding process, before a
bidding process would be done for valet parking through the Off -Street Parking Authority. And
the day the change was going to be made, someone went on radio, that has a microphone on a
program, threatening that they were going to come down to the Sports Authority, blast us to all
ends...
Commissioner Plummer: What else is new?
Commissioner Carollo: ... on the valet parking issue. And one hour before the new company
that the Off -Street Parking Authority was supposed to bring in, they cancelled on us. And the
situation was - and this is being orchestrated - that there was not going to be any valet parking,
whatsoever, on that day. And this is all being orchestrated. Unbeknownst to me, the next day,
when I threw down the gauntlet to all the players in this that night, and then everybody wanted to
give valet parking. The company that the Off -Street Parking Authority - the right agency that
should have done this - that they were bringing in, that cancelled on us an hour before, happened
to be a company that, as I was told by the Executive Director of the Off -Street Parking
Authority, and the interim Executive Director of the Sports Authority, happened to have been a
company where an employee that had been involved in all this process of the Sports Authority -
a former employee - was part owner of it. And, I mean, I don't need to be putting the amount of
hours that I am putting in the Sports Authority. You were a Chairman there before, so was
Commissioner Dawkins. And the amount of hours that I'm putting in is not fair to me, is not fair
to my family. I've been trying to clean up a job and clean up a situation that was going on there
for years that no one else wanted to get burned and do. I went up front. I have done a lot of it.
There still needs to be a lot more to be done. But I am not going to be condemned for doing
what's been right, that many others did not want to do and wanted to look the other way, or did
not want to get in the midst of what I've had to get into, to accomplish it. So I submit to this
Commission...
Mayor Clark: Joe, I'm glad you brought this up, because I had no idea what was going on out
there. I have never used any type of parking, and I've only been to the Heat - to the Arena twice
in my life.
Commissioner Carollo: No, I believe that, Mr. Mayor.
Mayor Clark: Once for an ice show, and once for a...
Commissioner Dawkins: A point of special privilege. I have...
Mayor Clark: I'm glad you brought it up.
Commissioner Dawkins: Yeah, but I'm glad you brought up one thing, too. J.L. Plummer and
Miller Dawkins tried to do just what you did.
Mayor Clark: That's right. J.L. Plummer and Miller Dawkins did not have six votes with them.
They always had six votes against them.
Commissioner Plummer: That's right.
97 February 29, 1996
Commissioner Carollo: I understand.
Commissioner Dawkins: You were fortunate enough to get there and get six votes with you, and
you were able to get something accomplished.
Commissioner Plummer: That's right. And that only came about by...
Commissioner Carollo: I understand that. I understand that.
Commissioner Plummer: Well, let's get it on the record.
Commissioner Carollo: Sure, yeah.
Commissioner Plummer: You know, the old rule used to be around here that somebody that was
appointed to a board was there till the successor was named. OK? Under the new rules, where
you were successful and Miller and I could not be, was that they served till the end of the term of
the Commissioner, and the new Commissioner had the right to name the new people. Now, Joe,
you spoke before. Let's fish or cut bait. Let's abolish the Sports Authority, Now, you know, as
far as I'm concerned...
Commissioner Carollo: Commissioner, Commissioner...
Commissioner Plummer:... let's fish or cut bait.
Commissioner Carollo: ... I have no problem...
Commissioner Plummer: Excuse me. Not the board.
Commissioner Carollo: I have no problem, whatsoever...
Commissioner Plummer: Not the board.
Commissioner Dawkins: It is twelve-o-three.
Commissioner Carollo: ... with following whatever the will of this Commission is. I have no
problem in doing that.
Commissioner Plummer: All right. I'll make you a motion right now.
Commissioner Carollo: And doing the same across the board with ITB (International Trade
Board), DDA (Downtown Development Authority), and some of the other - Bayfront Park
Trust - doing the same across the board. I have no problem in doing that.
Commissioner Plummer: Neither do I.
Commissioner Carollo: You know...
Mayor Clark: Let's get a motion here, now, Joe. We're going to beat this thing...
Commissioner Dawkins: A motion for what?
Mr. Manuel Gonzalez-Goenaga: One solution.
98 February 29, 1996
Commissioner Plummer: Well, the motion, I would assume, according...
Commissioner Carollo: Well, valet parking or Metro parking, but...
Mr. Odio: Commissioner, may I...
Commissioner Carollo: Because we need to deal with both of them today.
Mr. Odio: May I say... ask a question, please?
Vice Mayor Gort: Mr. Mayor, Mr. Mayor.
Chairman Dawkins: Let's hear from the Manager. We pay him for some advice.
Mr. Odio: Just one question.
Commissioner Dawkins: We'll hear from the Manager.
Mr. Odio: The only concern that we have had - and that's police concern - is when you open up
that avenue, I don't know what percent of the people come through the Metrorail Station and
come across that street, but that's the only concern that we have.
Commissioner Carollo: I'm sorry, I'm sorry. See...
Mr. Odio: That's the only concern.
Commissioner Carollo: That's what I bought in when I brought this up, trying to open that street
up. And that's not so. And let me tell you why. Because what we could do...
Commissioner Plummer: I'm ready to make a motion.
Commissioner Carollo: ... and that's what I tried to say, but I keep...
Mayor Clark: What?
Commissioner Plummer: I'm ready to make a motion.
Commissioner Carollo: ... I kept getting hedged, no, no, no, at the last meeting, was that we
should only open the part up to the tracks where the valet parking, the VIP is being done, and so
on. And that other part of the street directly in front of the steps of the Arena, that, we could
close, so there would be no question about that. But, you know, if it's so dangerous for people to
cross the street there, why isn't that dangerous, then, when they cross the street in North Miami
Avenue, on the other side of the Arena where the steps are, and we have even more traffic over
there than we would have in here, if they can cross the street over there and not have any
problems? Of course, the difference was nobody was making money on the other street, see.
This side of the street, there was money being made.
Mr. Odio: Well...
Commissioner Carollo: And it was more of an issue, frankly, than the VIP parking, also,
because... You know, I'm not trying to come down on Rodney...
Commissioner Dawkins: What is the motion?
99 February 29, 1996
Commissioner Carollo: ... but it protected... It made it easier for his people to go into both those
lots, the one that he has on the left and the one that he has on the right, also. But, you know...
Commissioner Dawkins: What is the motion?
Commissioner Carollo: I will make a motion, if this Commission would so wish... It's up to
you, but, you know, be aware that... A request was made to me by the representative of the Heat
to leave the valet parking situation, not as VIP, but to keep valet parking there, because they
were concerned that there would be problems.
Mayor Clark: I don't care about the valet parking. I never use it anyway.
Commissioner Carollo: Well, I don't use it anyway, Mr. Mayor, but...
Commissioner Dawkins: Well, I do.
Commissioner Plummer: I don't.
Vice Mayor Gort: My wife's been denied parking there.
Commissioner Carollo: The question is, what does this Commission want to do with the valet
parking, the VIP? Do we want to open that part of the street up and do away with both, or do we
want to leave it as is? But if we do, then we have to do it in the form of an ordinance for it to be
legal, not like it's been done for years, illegally.
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: All right. Let's get a motion on the floor.
Mr. Gonzalez-Goenaga: One last comment?
Mayor Clark: No, sir. Please, now. We have a discussion here. Relax a minute. Relax.
Commissioner Plummer: Well, let me try this motion on for size. I'll make a motion at this time
that this Commission grant the waiver for the permitting of on an each -occasion basis, on
everything being permitted, with the exception of the VIP, which we will hear again on the 14th,
that they must show to the Building Department Director good faith in presenting a plan of
regulatory compliance with a guaranteed date of completion and contracts. So what I'm saying
is that is the form of my motion.
Mr. Maxwell: Mr....
Commissioner Plummer: Wait a minute. What's the problem?
Ms. Dougherty: That is... That is...
Commissioner Dawkins: Well, with me, my problem is, how much are you going to pay, who's
going to pay what, and why? That's my problem.
Commissioner Plummer: We've already been told it's a hundred dollars ($100) per lot, per day.
Commissioner Dawkins: No, that's not... That's unacceptable.
Mr. Odio: A hundred dollars ($100) per event.
100 February 29, 1996
Commissioner Plummer: It's a fee.
Commissioner Dawkins: That's unacceptable. That's unacceptable.
Mr. Odio: Per event.
Commissioner Carollo: Per event.
Mr. Maxwell: Yeah. Mr.... Mr. Mayor.
Commissioner Plummer: A hundred dollars ($100) per event, per day.
Mr. Maxwell: Mr. Mayor.
Commissioner Plummer: Did you not say that was that fee?
Mr. Gonzalez: Yes, correct. Per event, per site.
Commissioner Plummer: I didn't set the fee. Is that too much or too little?
Commissioner Dawkins: That's too little.
Commissioner Plummer: Oh, too little.
Commissioner Carollo: The only other thing that I would like to put on the record, just so it
could be on the record, is the fact that while legal City of Miami lots of the Off -Street Parking
Authority were not being able to fill those lots right next to the Arena, also, to the tune of an
average of 415 spaces an event, the illegal lots that we were having were being filled. So I think
you all can understand, if we open up additional lots that don't meet the standards, without
having light and many other requirements that we now have, then that means that the monies are
coming directly out of City of Miami lots. So, so be it.
Mayor Clark: All right. You got your motion now, J.L.?
Commissioner Plummer: Sir, I...
Mr. Maxwell: Mr. Mayor.
Mayor Clark: All right. Is there a second to his motion?
Commissioner Plummer: I got a City Attorney screaming at me.
Mr. Maxwell: Yeah. Mr. Mayor, something you need to know. Commissioner Plummer's
motion kind of mixes apples and oranges here. The issue regarding improvement of the lot and
so forth goes to the issue that is pending before the Zoning Board. That should not be addressed
at this time. This is for...
Ms. Dougherty: That is not the case. That is not the issue at the Zoning Board.
Commissioner Plummer: Take it out of my motion.
Mr. Maxwell: Fine. Because the class one permit...
101 February 29, 1996
Mayor Clark: OK. It's out of the motion, Forget it, forget it, forget it.
Mr. Maxwell: ... and that's the reason that we suggested that you could hear it. The class one
permit...
Commissioner Plummer: Take it out of my motion.
Mr. Maxwell: ... is for unimproved lots.
Commissioner Plummer: Quit editorializing.
Mayor Clark: All right. Does that sound all right now?
Commissioner Plummer: I'm hungry.
Commissioner Carollo: What... what... what...
Commissioner Dawkins: Read the motion.
Commissioner Carollo: Mr. Attorney, could you tell us what the motion is, Mr. Attorney?
Mr. Maxwell: Well, I think the motion is that you are approving additional... that is a waiver of
the limitation on the use of unimproved lots for special...
Ms. Cuervo: Special events.
Mr. Maxwell: ... special events, and issuance of class one permits. They're being charged a
required fee for each one. And in addition, I would suggest to you that, that section requires that
you put a number on the waiver.
Commissioner Plummer: A hundred days.
Commissioner Dawkins: No. A hundred days...
Commissioner Plummer: Ninety-nine.
Commissioner Dawkins: OK.
Commissioner Plummer: I'll get back there yet. Eighty-eight.
Commissioner Carollo: Well, how about 666? That's more appropriate, having 666.
Commissioner Dawkins: No. Event by event, that's all.
Commissioner Plummer: What?
Commissioner Dawkins: Event by event.
Commissioner Plummer: No, they can't do that. That means they'd have to come here every
time.
Mr. Maxwell: No. That's... Yeah. What... You need a number to keep from having to come
here every time. Each time, they're going to have to go get the class one permit.
102 February 29, 1996
Commissioner Plummer: All right, all right. I'll attach a number.
Commissioner Dawkins: I want them to come here every time so I can get money.
Mayor Clark: I think they're going to come here every time because...
Commissioner Plummer: I'll attach a number of 90 days. OK?
lMs. Dougherty: No.
Commissioner Dawkins: OK.
Ms. Dougherty: Commissioner, if we could have a... If you could do it...
Commissioner Carollo: Help them out again, Mr. Attorney.
Commissioner Dawkins: No, no, no.
Mayor Clark: What do you suggest?
Ms. Dougherty: ... per event.
Commissioner Dawkins: All right, all right. You say what, J.L.? Ninety?
Commissioner Plummer: Ninety days.
Commissioner Dawkins: OK. If they don't accept 90...
Commissioner Plummer: Ninety days. And then they can come back and we'll give them
another 90 days, if necessary.
Commissioner Dawkins: If they don't say 90, I'll accept 80.
Mayor Clark: Wait, wait, wait.
Commissioner Carollo: You guys are missing the cue. You guys are missing the cue.
Ms. Dougherty: We'll come back with a plan.
Mr. Maxwell: No. Number of events.
Commissioner Plummer: What?
Mr. Maxwell: Number of events.
Commissioner Plummer: Number of events. I'm sorry.
Commissioner Dawkins: Eighty, 80, 80.
Commissioner Plummer: Ninety events.
Commissioner Dawkins: No. Eighty. I'll say 80. I'll vote for 80.
Commissioner Carollo: There you go.
103 February 29, 1996
Commissioner Plummer:
No. A hundred.
Ms. Dougherty: Ninety events.
Commissioner Dawkins:
I'll vote for 60.
Commissioner Plummer:
No.
Ms. Dougherty: OK.
Commissioner Plummer:
Ninety.
Mayor Clark: What is it?
What is it?
Commissioner Carollo: The Heat and the Panthers have less than 90 events a year, by the way.
Ms. Dougherty: On the event basis, not day basis. Ninety events.
Commissioner Plummer: Come on, guys. Seventy-five events. Is that agreeable? No, you said
80? I agree with 80.
Commissioner Dawkins: No, no, no. Seventy now.
Ms. Dougherty: Ninety.
Commissioner Plummer: Seventy-five events. That's... You're not the maker of the motion,
and you're not a friendly amendment. All right?
Mayor Clark: You got it straightened out?
Commissioner Plummer: Call the roll.
Mayor Clark: All right, Mr. Clerk.
Commissioner Plummer: Seventy-five events.
Commissioner Dawkins: Who seconded your motion?
Vice Mayor Gort: I did.
Commissioner Dawkins: Willy Gort? OK. All right. Go ahead.
Mr. Odio: But can I ask a question?
Commissioner Plummer: No.
Mr. Odio: Yes. I need a question.
Commissioner Dawkins: Go ahead.
Commissioner Plummer: No. Ask me after the meeting is over.
Mr. Odio: But I... I'm having to get permits for the City property, for Christ's sakes. So might
as well waive that.
104 February 29, 1996
Commissioner Plummer: So go apply. You got a hundred dollars ($100).
Commissioner Carollo: Yeah, but you are, because certain people didn't live up to what they
promised years ago. OK?
Commissioner Plummer: All right. Please.
Mayor Clark: Call the roll.
Commissioner Dawkins: Call the roll.
Ms. Dougherty: Commissioner Carollo, do you want to mention the long-term solution? OK.
Commissioner Carollo: Excuse me?
Commissioner Dawkins: Come on, you know, call the roll.
The following resolution was introduced by Commissioner. Plummer, who moved its adoption:
RESOLUTION NO.96-115
A RESOLUTION RELATING TO TEMPORARY SPECIAL EVENTS;
AUTHORIZING THE OPERATIONS OF METRO PARKING AND CENTRAL
PARKING TO UTILIZE THEIR RESPECTIVE UNIMPROVED PARKING LOTS IN
THE VICINITY OF THE MIAMI ARENA AS TEMPORARY SPECIAL EVENT
(PARKING) SITES, NOT TO EXCEED 75 SUCH EVENTS, PER SITE, PER
OPERATOR, SUBJECT TO SAID OPERATORS OBTAINING A CLASS I SPECIAL
PERMIT FOR EACH EVENT AND PAYING REQUIRED FEES; AND PROVIDING
FOR AUTHORIZATION PERIOD.
(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 J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
ABSENT: None.
105 February 29,1996
----------------------------------------------------------------------------------------------------------------
27. DIRECT CITY MANAGER TO EXPLAIN, IN WRITING, WHY THE OWNER
OF A BOAT CANNOT PUT A LIGHT AT THE END OF HIS DOCK.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I have a question of the Zoning Administrator. Sir - real quick like,
Mr. Mayor, please - Dr. John Uribe is building a house in the Grove.
Commissioner Dawkins: J.L., it is after lunch. Take that up...
Commissioner Plummer: All right, all right, then you leave.
Commissioner Dawkins: Take that.
Commissioner Plummer: I want to know why a man who has had his boat stolen in two months
twice, you have refused to allow him to put a light at the end of his dock. Would you please
send me that in writing?
Mr. John Gonzalez: Sure, Commissioner.
Commissioner Plummer: I want to tell you, that needs to be changed. It's ludicrous that a man
can't put a light on his dock?
Vice Mayor Gort: Or a woman.
Mr. Gonzalez: Well, it's more than the light, sir.
Commissioner Plummer: We are over -enforcing and making ourselves too damned important.
Vice Mayor Gort: Or a woman.
Commissioner Plummer: Or a woman.
Commissioner Dawkins: I agree with you.
Mr. Gonzalez: OK. Thank you, sir.
Commissioner Dawkins: That's the only thing I agree with you on. I agree with you. I agree
with you. I wasn't going to agree, but I agree with you.
Commissioner Plummer: Oh, shut up.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:12 P.M. AND RECONVENED AT 3:05 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
106 February 29, 1996
----------------------------------------------------------------------------------------------------------------
28. GRANT WAIVER OF PARKING ON PUBLIC PARKING LOTS (LESS THAN
75 EVENTS) AT EAST CORNER OF SOUTH BAYSHORE DRIVE AND PAN
AMERICAN DRIVE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: It seems like in an action we took this morning, we also created a
problem. If I could try and correct it. You will recall in reference to the parking around the
Arena?
Mayor Clark: Yeah.
Commissioner Plummer: We didn't take care of it. We created a problem for the public parking
for City Hall and others. And if I could read this in for the clarification. Pursuant to Section
906.9 of the Zoning Ordinance, the City Commission grants the waiver of parking on public
property for up to 75 events at the east corner of South Bayshore Drive and Pan American Drive.
I so move, Mr. Mayor.
Commissioner Carollo: It waives it for public. In other words, governmental.
Commissioner Plummer: Public, governmental, only for that one lot, Joe.
Mayor Clark: It's down here on the corner.
Commissioner Carollo: For the one over here.
Mayor Clark: Yeah.
Commissioner Plummer: Yes, sir. Yes, sir.
Commissioner Carollo: OK. The one that we were promised that it would be paved, and never
was. OK.
Commissioner Plummer: Well, you know, I... That's what you say...
Commissioner Carollo: We don't have to get into that. I understand.
Commissioner Plummer: No, I don't want it paved, personally.
Mayor Clark: That's a motion. Is there a second?
Commissioner Carollo: There's a second.
Mayor Clark: Call the roll, Mr. Clerk.
107 February 29, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption.
RESOLUTION NO. 96-116
A RESOLUTION RELATING TO TEMPORARY SPECIAL EVENT::
AUTHORIZING THE CITY TO UTILIZE UNIMPROVED PUBLIC PROPERTY
LOCATED AT THE EAST CORNER OF SOUTH BAYSHORE DRIVE AND PAN
AMERICAN DRIVE, IN THE VICINITY OF THE COCONUT GROVE
CONVENTION CENTER, AS A TEMPORARY SPECIAL EVENT (PARKING) SITE,
NOT TO EXCEED 75 SUCH EVENTS; SUBJECT TO THE CITY OBTAINING A
CLASS I SPECIAL PERMIT FOR EACH EVENT; AND PROVIDING FOR
AUTHORIZATION PERIOD.
(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 adopte
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
COMMENTS MADE DURING ROLL CALL:
Commissioner Carollo: Yes, for this one time.
NOTE FOR THE RECORD: Commissioner Dawkins entered the
Commission ChamFer at 3:07 p.m.
108 February 29, 1996
----------------------------------------------------------------------------------------------------------------
29. PERSONAL APPEARANCE: COLETTE HALL, EXECUTIVE DIRECTOR OF
HAITIAN AMERICAN FOUNDATION, INC. (HAFI) -- DISCUSSION
CONCERNING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING REQUEST FOR FUNDS TO BE USED BY HAF1 FOR ITS
ELDERLY AND JOB PLACEMENT PROGRAM -- ADDITIONAL
DISCUSSION CONCERNING SIDEWALKS AND HOUSING IN LITTLE
HAITI.
Mayor Clark: Item number 48-C.
Commissioner Plummer: Sir?
Mayor Clark: Yes, ma'am. For the record, your name, please.
Ms. Colette Hall: Good afternoon, Mr. Mayor, members of the Commission. My name is
Colette Hall, and I'm the executive director for the Haitian -American Foundation. First of all, I
would like to thank you for your portion that you're giving to us to present our case this
afternoon in front of the Commission. With your permission, I am going to use my time to let
Mr.... Ambassador Cayard and Mr. Coleman present the details of our request.
Mayor Clark: Proceed. Your name for the record, please.
Mr. Herbert Coleman: Commissioners, Mr. Mayor, my name is Herb Coleman. I live at 3802
Northeast 2nd Avenue. I'm here to specifically request funds for... to be used by Haitian -
American Foundation for our elderly program, and for our job placement program, and to have
funds continued which were interrupted two years ago. And now, I'd like to introduce to you to
proceed with this presentation Ambassador Cayard.
Mayor Clark: All right.
Mr. Ringo Cayard: Good afternoon. My name is Ringo Cayard, 8340 Northeast 2nd Avenue.
I'm here on behalf of the Foundation which we co-found. Although I'm not on the board, but
I'm a volunteer at the Foundation. And I'm also the trade representative for Haiti, with the rank
of Ambassador. I am here today to plead for the Foundation, which, like every other
organization, needs funding. We went through that some years ago. On the paper that we just
passed to you, there are over 30 Haitian agencies here. And of the total allocation of CDBG
(Community Development Block Grant) funds, thirteen million plus, the total agencies in Little
Haiti are receiving only a hundred and fifty-nine thousand one hundred and seventy-five,
according to the City papers. Therefore, for a total Haitian population of 70,000 in the City of
Miami, we have barely two percent of the total CDBG funds. Two years ago, the Commission
took action, took some money away from the downtown development agencies, with the help of
Commissioner Plummer and other Commissioners, in order to assist the inner cities. And I
think, with all due fairness, if we want to share equally the pie, we should really consider the fact
that the Haitian community is receiving through three agencies a total of one fifty-nine one
seventy-five out of thirteen million dollars. Why I'm saying that is because, as you know, most
of you who drive through Little Haiti could see there is no beautification of Little Haiti, there is
no street paving, there is no sidewalk. There is almost nothing in Little Haiti. Therefore, we
have also a program where ten or 15 years ago did not even exist. I am talking about the
elderlies. Now, we've started having a lot of elderlies, which the Foundation takes care of. We
109 February 29, 1996
also receive a little bit of funding from Metro -Dade, and of course, we come here to see in which
way the Commission would... I would call it some justice, so we could be part of the funding this
year. And I think, with all fairness, we were hoping to have between a hundred and fifty to two
hundred thousand dollars in order to assist the agency.
Mayor Clark: Mr. Carollo, you sponsored this.
Commissioner Plummer: Can I ask a question, Joe?
Mayor Clark: Yes, sir.
Commissioner Carollo: Of course. I put it in the agenda.
Commissioner Plummer: OK. The question I have is, Mr. Cayard, are you looking for funding
from the present pot of money, or that money which we're going to talk about later for the
upcoming year, the grant money?
Mr. Cayard: That's correct, for the present one.
Commissioner Plummer: For the present funds.
Mr. Cayard: That's right.
Commissioner Plummer: Now, OK. Then the question, very simply is, what monies do we have
available?
Mr. Elbert Waters: For the record, Elbert Waters. Commissioner, we do not have any. Staff has
met with representatives from HAFI (Haitian -American Foundation, Inc.) We discussed this
particular item. One of the things that we had indicated to them was that there was no funding
available for what they had proposed. However, they gave us the fact that they were interested
in housing development, and with that in mind, what we... at least I think we left on good accord,
that we would look at home dollars. We get involved in single-family development through our
in -field development programs, and we gave them a list of available properties that the City of
Miami owns. And what we were attempting to do with them is to work to try to do that in -field
development. And I think we left in pretty good shape with that. What is happening right now,
at least from the presentation, the process went forward for 22nd year funding. The agency was
not or did not submit an application for review for the 22nd year. And what is coming before
you right now is a request for this year's funding, of which we've gone through the process,
having had approximately 22 meetings throughout the community, and we're at the point where
we're making recommendations for those disbursements, and that allocation.
Mr. Cayard: I'd like to clarify for you, Mr. Waters. Now, the last time we put together the
proposal was accepted by the board, and also recommended for funding, that was two years ago.
We have two proposals that were accepted. One was for eighty-eight thousand dollars. The
other one was for eighty-seven thousand dollars, with the understanding we would be doing
housing. The money was put on hold because we had some pending litigation, and we had some
pending matters where two months ago, the City went and voted to turn down the grant. That's
the reason. So we do have still with you, in your position, two proposals who were accepted and
approved by the board of CDBG. So we're not talking about something just come out of the sky
and you didn't know about it. We have those proposals pending. The reason we are here is
because we took care of the loan through a grant, and now, we are asking, with all due fairness...
I mean, every one of you here are human beings. You could understand the frustration of
anybody or any community. Whereas thirteen million dollars, a hundred and fifty-nine thousand
come out of it? I mean, common sense and decency should say to ourselves, you know, it
doesn't make sense.
110 February 29, 1.996
Vice Mayor Gort: Ringo, I think you should clarify the thirteen million dollars has got a
different use.
Mr. Cayard: Oh, yes.
Vice Mayor Gort: You only got about two million dollars worth of social services, and you've
got about five million dollars for economic development, and then you got "X" amount for
homes, and then you have the other programs, like I-iOPWA (Housing Opportunities for Persons
With AIDS). Now, my understanding is - and correct me if I'm wrong, Miller - we have
allocated some funds from housing within the Little Haiti area. So it's not fair, the statement
saying you only received a hundred and eight -nine. I understand what you're saying, but that's
not a fair statement. OK?
Mr. Cayard: Yes, but Vice Mayor Gort, you have to understand that the few housing who were
done in Little Haiti were not even done by Haitian agencies. And we're talking about like a few,
just a very few housing. And it's not fair. I think Haitians should take care of themselves, just
like, you know, you have other ethnic groups who take care of themselves. We're talking about
a hundred and fifty-nine thousand dollars versus thirteen million. I mean...
Vice Mayor Gort: Joe...
Mayor Clark: Mr. Gort has a...
Vice Mayor Gort: I want to ask a question, Joe. I don't...
Mayor Clark: Yes, sir.
Vice Mayor Gort: My understanding, what's in front of us today is that an application was not
turned in within deadline, and you want to be admitted. Is that what we're saying?
Mr. Cayard: No. What we're saying, we had two proposals two years ago, and that's where we
are. We was already approved.
Mayor Clark: This year, this past year.
Mr. Cayard: Yes. And now, we would like, somehow, like... Just like they did two years ago,
they took some money from the pot and spread it. A hundred thousand went to the Puerto Rican
community, and a hundred thousand went to the Haitian community. And it was a great thing.
Everybody cheers that, because this was the decent thing to do. And now, we come back to a
hundred and fifty-nine thousand for the whole 70,000 population. We do have elderlies, just like
everyone. We have children, we have handicaps. We have basically the same creed of people
that all other ethnic groups have. All we're asking is for you to take some money aside from the
general pot - and I'm quite sure there is somewhere we could do that - and direct it to the
Foundation.
Mr. Waters: What we've said, what staff has said to HAFI, is that we - and I just mentioned that
earlier - is that there is a continuous need for housing development throughout our entire eight
community development targeted areas. We have said that we have a number of properties that
the City owns, of which we are... We've given the group the list. We're going to be working
with them to develop single-family affordable housing within that respective area. In addition to
that, our community development dollars, approximately three hundred thousand, was used in
the Little Haiti area for street improvements. Our new Department of CPR (Community
Planning and Revitalization) is working with the NET (Neighborhood Enhancement Team)
111 February 29, 1996
Office in Little Haiti to look at designs and proposals for continual street improvements for that
area. So what we're saying is, as monies become available, we're trying to do our best to
implement those, and to improve that particular area.
Commissioner Dawkins: Mr. Cayard, have a seat.
Mayor Clark: All right.
Commissioner Dawkins: OK? In a few minutes, I'm going to help you to see where the money
is.
Mr. Cayard: OK.
Vice Mayor Gort: Right.
Commissioner Dawkins: OK? All of you...
Unidentified Speaker: We got the same - similar problem Overtown.
Commissioner Dawkins: All of you sit down. In a few minutes, when I get through here, I will
show you where the money is. I'm also going to show you how... I don't know where the
money is that Mr. Waters is talking about, but it's there.
Mr. Cayard: OK. And so I'll be...
Commissioner Dawkins: I'm going to also have Mr. Waters explain to us where it is and why
it's not being used as HUD (Department of Housing and Urban Development) says it ought to be
used. OK?
Mr. Cayard: Good. So I'll be allowed to comeback. Thank you.
Mayor Clark: Have a seat.
Commissioner Dawkins: All right. OK.
(APPLAUSE)
----------------------------------------------------------------------------------------------------------------
30. EMERGENCY ORDINANCE: AMEND ORDINANCE 11038, WHICH
ESTABLISHED SPECIAL REVENUE FUND: TRANSPORTATION
PLANNING AND COORDINATION -- APPROPRIATE ADDITIONAL
$50,000 (CONSISTING OF $40,500 GRANT FROM METROPOLITAN
PLANNING ORGANIZATION FOR THE MIAMI URBANIZED AREA
(MPO), AND $9,500 MATCHING FUNDS) -- FOR TRANSPORTATION
PORTION OF COCONUT GROVE PLANNING STUDY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item number 49.
Mr. Manuel Gonzalez-Goenaga: Wait, wait, wait.
Mayor Clark: Sir, please, will you have a seat?
112 February 29, 1996
Commissioner Plummer: Move it.
Mr. Gonzalez-Goenaga: This is democracy, not Cuba. Remember that, Mr....
Mayor Clark: Have a seat. Nobody shoot.
Mr. Gonzalez-Goenaga: We are in the U.S.
Commissioner Plummer: Move it. Move 49.
Vice Mayor Gort: Second.
Mayor Clark: Call the roll. This is an emergency ordinance.
Mr. Cesar Odio (City Manager): This item is...
Mayor Clark: Hold it, hold it.
Commissioner Carollo: I'd like to get, for the record, what is the emergency involved here?
Mr. Odio: This item is being presented on an emergency measure on the grounds of urgent
public need for the preservation of peace, health, safety and property of the City of Miami, and
upon further grounds of the necessity to make the required and necessary payments to its
employees and officers, payments of its debts necessary and required purchase of goods and
supplies, and to generally carry on the functions and duties of municipal affairs.
Commissioner Carollo: Now, can you explain it to me in English, Mr. Manager, sort of clearer,
so everybody can understand it? I mean, you read to me the ordinance.
Mr. Odio: We are... With these monies, we are paying staff for work that has been done with
the MPO (Metropolitan Planning Organization) in Dade County.
Commissioner Carollo: OK.
Mr. Odio: It's a grant. The grant must be spent by June.
Commissioner Carollo: OK. So it must be spent by June...
Mr. Odio: Or we... Or we...
Commissioner Carollo: ... and we're going to use it to pay the staff.
Mr. Odio- Exactly.
Commissioner Carollo: Basically, are we paying them ahead of time, or for staff between now
and June?
Mr. Odio: Not, it's existing staff that we replaced there.
Commissioner Carollo: OK.
Mr. Jack Luft: And consultants.
113 February 29, 1996
Mr. Odio: And consultants.
Commissioner Carollo: All right. So we'll lose it if we don't use it.
Mr. Luft: That's right.
Commissioner Carollo: Thank you.
Mayor Clark: Call the roll.
Mr. Gonzalez-Goenaga: May I address... This is a public hearing area, and I am in Miami, and I
have a right to speak.
Mayor Clark: Go ahead and speak.
Mr. Gonzalez-Goenaga: And if I am wrong, please Commissioners, or Mr. Odio, that is the most
knowledgeable person in the Administration should answer me.
Mr. Odio: More than you, for sure.
Mr. Gonzalez-Goenaga: Well, I can... You will see...
Mayor Clark: OK, let's proceed.
Commissioner Plummer: Cesar, when will you ever learn?
Mr. Gonzalez-Goenaga: My name is Manny "Boom -Boom"... Stay. I'm going to have a
question for you, Mr. Odio.
Mr. Odio: I don't care.
Mr. Gonzalez-Goenaga: There seems that the money to spend it, there is always a way to spend
it. But it doesn't go to the right people. It goes to the big staff, the most richest staff in the
whole State of Florida, more than Supreme Court Justices, more... It's better, let me tell you, to
be a trash collector in Miami than a Supreme Court Justice in the State of Florida, or the
Governor of Puerto Rico, or maybe President Clinton, based on... And we are dealing in a casa
blanca of Miami. Three hundred and fifty-six thousand people, and 34 square miles. What else
can I say here? Mr. Odio, could you show up for a question?
Mayor Clark: Sir, please, are you speaking on this item?
Mr. Gonzalez-Goenaga: Well, the item is, and I again repeat it, why are you waiting, Mr. Clark,
the Mayor and the rest of the Commissioners, to change this monkey from the City Manager?
Thank you.
Mayor Clark: You've said a lot. Thank you.
Commissioner Plummer: Call the roll.
Mayor Clark: All right. Call the roll.
114 February 29, 1996
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 2 OF ORDINANCE
NO. 11038, AS AMENDED, WHICH ESTABLISHED A SPECIAL REVENUE
FUND ENTITLED: "TRANSPORTATION PLANNING AND
COORDINATION,"BY APPROPRIATING $50,000.00 IN ADDITIONAL FUNDS
CONSISTING OF $40,500.00 AS A GRANT FROM THE METROPOLITAN
PLANNING ORGANIZATION FOR THE MIAMI URBANIZED AREA (MPO),
AND $9,500.00 AS THE CITY'S REQUIRED MATCHING FUNDS, SAID
FUNDS TO BE USED FOR THE TRANSPORTATION PORTION OF THE
COCONUT GROVE PLANNING STUDY; FURTHER AUTHORIZING THE
CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL
REQUIRED DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Vice Mayor Gort, 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: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice
Mayor Gort, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11338.
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.
115 February 29, 1996
----------------------------------------------------------------------------------------------------------------
31. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND:
GANG REDUCTION ACTIVITIES AND SPORTS PROGRAM --
APPROPRIATE $178,136 (CONSISTING OF GRANT FROM
METROPOLITAN DADE COUNTY).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 50.
Commissioner Plummer: Move it.
Commissioner Dawkins: Second it.
Commissioner Carollo: Second.
Commissioner Dawkins: Under discussion.
Mayor Clark: Can he read the ordinance first?
Commissioner Dawkins: Well, he can read the ordinance, yes, sir. Yes, sir. And I'll ask the
questions afterward. No problem.
Mayor Clark: Read the ordinance. All right, Mr. Dawkins.
Commissioner Carollo: Now, how much is there of a match from the City in this, and where is
that money coming from?
Mr. Jack Luft: This money is coming from the MPO (Metropolitan Planning Organization).
Commissioner Plummer: No, on. You're on the wrong item.
Vice Mayor Gort: No, no, next one, gang.
Commissioner Plummer: Item 50.
Vice Mayor Gort: This is gang -related.
Mr. Luft: Oh, I'm sorry.
Commissioner Carollo: Fifty. Jack, you have been working too hard.
Assistant Chief John Brooks: Commissioners, Assistant Chief John Brooks. This is...
Mr. Luft: I thought we were still on 49.
Mayor Clark: All right. Please, now, let's have some decorum here.
Assistant Chief Brooks: This is a hundred and seventy-eight thousand one hundred and thirty-
six dollars of federal money. Matching City of Miami would be fifty-nine thousand three
hundred and seventy-nine thousand, for a total grant funding of two hundred and thirty-seven
thousand five hundred and fifteen.
116 February 29, 1996
Commissioner Carollo: Right, but where is our matching funds going to come from?
Assistant Chief Brooks: Our matching funds, Commissioner, would be fifty-nine thousand.
Commissioner Carollo: And where are they coming from? That's my question.
Assistant Chief Brooks: Police budget, Police general budget.
Commissioner Carollo: Police general budget.
Assistant Chief Brooks: Yes, sir.
Commissioner Dawkins: Question.
Mayor Clark: Yes, sir.
Commissioner Dawkins: What is or what are... Explain to me where they take action. What is
productive alternate activities?
Assistant Chief Brooks: One of the things that the grant calls for, Commissioner, is working
with some of the juveniles. We're looking at grant "wanna-bes" and people that have been
identified by the gang unit as coming into the scenario where they're going to become gang
members if somebody doesn't intercede on their behalf. The... And I brought Sergeant
Romandi and Detective Kowalsky with me to explain the program of how they work with the
youth, some of the different athletic programs that they have. Sergeant Romandi.
Sergeant Joe Romandi: Some of the alternative programs is playing at the parks and recreations,
creating...
Commissioner Dawkins: Hold it, hold it. We already have Parks and Recreation. We already
have activities and planned activities at Parks and Recreation. So, now, how do we go out and
add to this? That's what I need for you to explain to me.
Sergeant Romandi: We'll be able to get these youth that are at risk to start up their own teams,
to start joining the other kids in Parks and Recreation. Where they are in need of financial help,
we'd also... In addition, we're going to get donations from the Panthers, the Heat, to supply
tickets to be able to allow them to go to sporting events. They always have tickets that they have
to give out. We would take them with us. Those are the additional functions. We had a banquet
that we wanted them to go, along with their parents to assist them in understanding the program.
Commissioner Dawkins: OK. What does the Police Department do to reward those not -at -risk
youth who are trying to stay straight, who are trying not to do anything wrong, and all they can
do is see that, "If I am to get a free ticket to the Heat or a free ticket to the Panthers, I have to act
up," what are we doing for those?
Sergeant Romandi: Well, with this program, we're not just going to take those... There are
going to be at -risk kids, not necessarily they have to commit crimes. We would like to mix the
good kids in with the ones that already have criminal past, hopefully, that the good kids will rub
off on them. We've done that in the past without a grant. Some people have provided donations
to some of these activities for free, but after a while, the donations run out. And we've had a lot
of success at that, and I believe we're just not going to get those kids that have had criminal
backgrounds. In fact, we had one kid that asked us, "Do I have to do something wrong to
continue on in the program?" We said, "Definitely not." This is the criteria. You have to do
things right.
117 February 29, 1996
Commissioner Dawkins: OK. OK. When is the last time you took a group to the Heat game?
Sergeant Romandi: About two weeks ago.
Commissioner Dawkins: OK. How many youth did you take?
Sergeant Romandi: Four.
Commissioner Dawkins: OK. Of the four, how many were at risk, and how many were not?
Sergeant Romandi: Three were at risk, one was not.
Commissioner Dawkins: Mm-hmm. So therefore
on at risk?
Sergeant Romandi: Yes.
And the one that was not, was he bordering
Commissioner Dawkins: OK. So now, there again, four who... Good kids who try to do
something right, they don't get any assistance at all.
Commissioner Plummer: His point is well taken, but he's not getting the right answers.
Sergeant Romandi: No. We are...
Commissioner Dawkins: Now, when we...
Sergeant Romandi: OK.
Commissioner Dawkins: When we get into this, I'm going to show you where there's three
groups out there who are working with children. They asked for money. They didn't get a
penny. But now, we're going to give a hundred and seventy-eight thousand dollars...
Commissioner Plummer: Plus fifty-nine.
Commissioner Dawkins: ... to deal with at -risk, when the not -at -risk is running around, begging
us, pleading with us, "Help me stay right, and reward me for doing good."
Captain Longueira: Commissioner, if I could just address a couple of things. First of all, this is
a grant that we're receiving. OK? And a grant has certain guidelines. In order to comply with
those, we have to target at -risk groups. If you don't do that, they won't consider your
application. Another thing. I think we're concentrating too much on going to the sporting
events. That's a very small part. If I could just talk to you about three things. There are three
things that take up the bulk of the money.
Commissioner Dawkins: Good.
Captain Longueira: That is sailing with Shake -A -Leg...
Commissioner Dawkins: Good.
Captain Longueira:... camping trips...
Commissioner Dawkins: Good.
118
February 29, 1996
Captain Longueira: ... and the third one is this ropes course.
Commissioner Dawkins: OK.
Captain Longueira: It's like an obstacle course.
Commissioner Dawkins: OK.
Captain Longueira: Those are all confidence building, self-image building programs for these
kids who are at risk, because they've never had anybody to tell them they're good. They've
never had anybody to tell them to believe in themselves. And the type of kids we're going to be
dealing with, you don't want them in a regular program. It takes our policemen to be with them,
to make that daily contact, and to help build up that self-image. That's what these type programs
are, and that's what the bulk of the money is for.
Commissioner Dawkins: OK. Now, first thing I want to correct with you is, I never said I
wanted you to mix the at -risk with the not -at -risk. I never made that statement.
Captain Longueira: OK.
Commissioner Dawkins: OK? So don't tell me I don't want them with them. I didn't say that.
OK? But I'd like to know from you, how much money is in the LETF (Law Enforcement Trust
Fund) fund? And explain to the citizenry, who do not know what the fund is, what it is, and how
much is in it.
Assistant Chief Brooks: I don't believe we're prepared to answer that for you today,
Commissioner, but we...
Commissioner Dawkins: All right. Tell me how... The last drug bust that we had, how much
American money did you confiscate? I'm prepared... I want you to be prepared to tell me that.
Assistant Chief Brooks: A hundred and eleven thousand?
Mr. Manuel Gonzalez-Goenaga: Ha, ha, ha.
Captain Longueira: Commissioner, it's probably a hundred and eleven thousand.
Commissioner Dawkins: A hundred and eleven thousand, probably, probably.
Captain Longueira: But understand something. We don't get that money at this point. That
could be years down the road.
Commissioner Dawkins: OK. Go back two years...
Captain Longueira: Right.
Commissioner Dawkins: ... from now, when we confiscated. Give me an amount of money that
we confiscated, that we have gotten - now don't tell me how much you got now -
Captain Longueira: Right.
Commissioner Dawkins: - how much you've got from the confiscated money that you had long
enough in hand.
119 February 29, 1996
Captain Longueira: All right. We'll have to get you that information.
Mr. Gonzalez-Goenaga: Ha, ha, ha.
Commissioner Dawkins: No, no, no.
Captain Longueira: I mean, I don't have it at the tip of my hand, Commissioner. All right?
Mayor Clark: Don't get him excited now. Jesus, let's move on.
Commissioner Dawkins: OK. All right. I'll go another... Let me go another step. How many
parents, teachers or schools have you gone into and said to the parent, the teachers and those
that, "We are interested in offering tutoring service to help these youngsters improve in math,
English, and science?" You're right. I'm damned tired of a football and a basketball. I'm fed
up with that.
(APPLAUSE)
Commissioner Dawkins: All you people know is to give us a basketball, and we'll run down the
court with it like we're crazy, and a football, and can't operate a computer. And we... Any
Commissioner up here can give you ten computers right now that you could go set up in any
school, and the schools are ours. They don't close them down, they are there. But you all are
interested in at -risk, and nobody is thanking that little hood for not doing nothing wrong, and
that's my problem, Joe.
Assistant Chief Brooks: Commissioner, we also have a very, very good program that deals with
rewarding our youth, and that's the Do the Right Thing Program that's been going on for several
years now.
Commissioner Dawkins: OK. Tell me how you arrive at the youngster who did the right thing,
and how that youngster is weeded or cut out from the rest of the youngsters.
Captain Longueira: Commissioner, every school participates, and the parents or the teachers at
these schools are encouraged to nominate kids. And we get approximately a thousand
nominations a month. From those nominations, there's a committee, a board of Do the Right
Thing that reviews those nominations and selects the kids to be awarded every month. But every
kid is recognized that is nominated. Every kid receives something back that got nominated in
the program. But there is a nomination process, and we bring them to the police station once a
month. We have a ceremony for the ones that were selected.
Commissioner Dawkins: How...
Captain Longueira: Yes, we do go to the schools, and they participate. Twelve thousand kids a
year are nominated.
Commissioner Dawkins: How did the Do the Right Thing Project originate?
Captain Longueira: How did it?
Commissioner Dawkins: Yes, H-O-W. How?
Captain Longueira: It started a long time ago with Officer Hardemon. That was really the root
of... And what evolved from what Officer Hardemon was doing in the neighborhood, evolved
into Do the Right Thing. We still have the community picnics...
120 February 29, 1996
Commissioner Dawkins: No, you're using the wrong... I won't let you use that verb, "evolved,"
OK? The right verb, "it was taken." OK? There is a difference. OK, go ahead.
Captain Longueira: It evolved. We still have the neighborhood picnics, we have the awards
program. You know...
Commissioner Dawkins: What happened to Officer Hardemon in the program?
Captain Longueira: Officer Hardemon has a job as a police officer. He does that job.
Commissioner Dawkins: OK. So he founded this, put it together, started it to working. It
became good enough for somebody else, and then you told him, "Go back and be a policeman."
Captain Longueira: That's not true, Commissioner.
Commissioner Dawkins: I'm asking. No, no, no. Wait, now, wait. I'm asking. That's what
you just told me, he went back to being a policeman, You told me that.
Captain Longueira: No. I said that he founded the picnic portion of Do the Right Thing, where
they went in the community and they did the picnics. He did not, you know, come up with the
idea of having nominations from the schools and all of that. That did not come from Walter
Hardemon.
Commissioner Dawkins: Why not? Why didn't he?
Captain Longueira: Commissioner...
Commissioner Dawkins: Why didn't he?
Captain Longueira: I don't know why he didn't.
Commissioner Dawkins: Because you did not provide him with the money.
Captain Longueira: No, no.
Commissioner Dawkins: Now, once you gave the money to the...
Captain Longueira: I'm talking about the idea and the ability.
Commissioner Dawkins: No, Joe. Joe, I been here with you.
Captain Longueira: OK.
Commissioner Dawkins: Once you guys decided to make this, that program, and you gave it
"X" dollars, where it could do other things, Hardemon was pushed to the side. Now, you want
me to prove it?
Captain Longueira: We gave them...
Commissioner Dawkins: Shall I prove it? You want me to prove it?
Captain Longueira: I understand what you're saying.
121 February 29, 1996
Commissioner Dawkins: But do you want me to prove it?
Captain Longueira: Go right ahead.
Commissioner Dawkins: Come up here, Hardemon.
Mr. Gonzalez-Goenaga: May I address the Commission?
Commissioner Dawkins: Right after this, sir.
Mr. Gonzalez-Goenaga: Thank you.
Mr. Cesar Odio (City Manager): Commissioner, the answer to your question on LETF is that we
have five hundred thousand dollars that have been committed under contract through May. We
expect to bring to you in new monies, hopefully in May, of around seven -fifty, which we don't
have right now.
Commissioner Dawkins: Seven hundred and fifty thousand in May.
Mr. Odio: Hopefully. Yeah, that will be...
Commissioner Dawkins: Hopefully. OK, that's good. That's all I needed.
Mayor Clark: All right. Here's your man.
Commissioner Dawkins: Officer Hardemon.
Mr. Odio: That comes from the Federal government, sir.
Commissioner Dawkins: OK. Officer Hardemon, how did Do the Right Thing start?
Officer Walter Hardemon: It started back in 1984. It was incorporated in 1990... 1990. It
started by me working the area of Liberty City. Me and my partner, Luis Vargas, patrolled the
area of a place called Little Korea. It was bordered between Northwest 7th Avenue, 12th
Avenue, 70th Street, and 67th Street. The particular area, there was a lot of drugs being sold
around five schools: Miami Northwestern, Holmes Elementary, Dina Cryder, Martin Luther
King, and Edison. Me and my partner, along with some other officers, saw the need of the kids
that was looking up to the drug dealers as role models, that we saw a need that they needed the
Police Department to get the kids to look up to us in a positive manner. So what we did...
Commissioner Dawkins: Wait. Let me cut you off there, please. Now, these were black
officers, Hispanic officers, and female officers who worked, donated money, and begged money
to give a role model.
Officer Hardemon: That's correct.
Commissioner Dawkins: Now, these were police officers, on their own free time.
Officer Hardemon: Yes.
Captain Longueira: And their own money.
Commissioner Dawkins: OK. And their own money.
122 February 29, 1996
Officer Hardemon: Yes.
Commissioner Dawkins: OK. Go right ahead. Go right ahead, sir.
Officer Hardemon: And what we did was, we started to take a look at the turf in the drug areas.
In other words, we would constantly patrol the particular areas, and then on Saturdays, we would
throw little mini picnics in the particular areas. In other words, we made business bad for the
drug dealers. So what happened was the drug dealers started to move out, because we had
actually took over the turf. And then the people that were supposed to have been afraid of the
police, especially the kids, began to talk to us. And then they saw that we were not their enemy,
but we was in alliance with their well being. So one thing led from another. We had mini
picnics, we had... And we started the annual Christmas toy giveaways. We had toy giveaways
in Liberty City, Coconut Grove, and Jose Marti Park. I think right now, they have the annual Do
the Right Thing Christmas toy giveaway at Jose Marti Park. I'm not for sure, but I remember
last year they did. Right now, I founded a new organization called Youth of America,
Incorporated.
Commissioner Dawkins: Why?
Officer Hardemon: Because I saw a need for our young kids.
Commissioner Dawkins: Did they let you participate in the Do the Right Thing with these
youngsters that you're talking about?
Officer Hardemon: No.
Commissioner Dawkins: OK. Go right ahead.
Officer Hardemon: I saw a need for our kids. I've been working with kids for many years,
trying different angles to get kids to do right, or do the right thing. But also, I saw a need for our
kids, because I saw something that I saw in mostly elementary school kids, and the larger kids
and teenagers that I worked with, they couldn't read. So when I saw that, I said, "Well, we got a
big problem here," because what was happening, the kids would go to school, in elementary
school, and they'd have a problem reading. They'd become disruptive or they get in fights and
they start playing hookey from school, especially when they get to junior high school, because
what happens is they'll be passed along. It's like passing the buck. So what I did, I... You
know, myself and other officers, we have a center on Northwest 7th Avenue and 55th Street
called Youth of America. And what this is geared towards is it's an after school tutorial program
dealing with elementary schools. And we also have something called King of Nonviolence that
we're going to be teaching, and we're going to have some drug awareness workshops.
Commissioner Dawkins: One more question, because we've got a lot to do here. Did you ask
this City of Miami or any agency in this City of Miami for funding to assist you with this
program?
Officer Hardemon: Yes.
Commissioner Dawkins: How much money did you ask for?
Officer Hardemon: A hundred and fifty-four thousand.
Commissioner Dawkins: How much did you get?
Officer Hardemon: None.
123 February 29, 1996
Commissioner Dawkins: Have a seat. Thank you.
(APPLAUSE)
Commissioner Plummer: Mr. Mayor, I have a question.
Mayor Clark: Yes, sir.
Commissioner Plummer: How many police officers are involved in this program?
Captain Longueira: Well, it's going to be... You know, I mean, many. At least 12. It will be
many, OK? Because we use gang officers...
Commissioner Plummer: That's 12 police officers total.
Captain Longueira: Right.
Commissioner Plummer: OK.
Captain Longueira: No. More than that.
Commissioner Plummer: OK.
Captain Longueira: We have patrol officers that will do it, resource, school resource officers.
Commissioner Plummer: OK. Will be taken out of whatever they're doing now.
Captain Longueira: No.
Commissioner Plummer: My question is very simple.
Captain Longueira: No, Commissioner. No, Commissioner. Understand this. This is all
overtime. OK? The officers that have the contact with these people as a gang officer in a bad
situation now takes them in an additional capacity to do these other events that build self-
confidence and motivation, and things like that.
Commissioner Plummer: From what you have said here - and I'm going to vote with you,
because I understand how Federal funding goes - but it sounds like to me that this is a program
that could very easily be done in the Parks and Recreation Department, and leave the
policemen... Give that money to let them go out and work on the street.
Captain Longueira: Commissioner...
Commissioner Plummer: Hey, I'm going to vote with you.
Captain Longueira: I think Walter will verify this, and - if he wants to tell me I'm wrong - but
the contact between the cop and the kid at risk is the important thing. We can't always talk to
these kids when we hate each other.
Commissioner Plummer: Let me ask you a question.
Captain Longueira: We have to have good situations.
124 February 29, 1996
Commissioner Plummer: How many officers...
Captain Longueira: That's the key.
Commissioner Plummer: Joe...
Captain Longueira: That's the program.
Commissioner Plummer: How many officers do you presently have assigned to the gang unit?
Captain Longueira: Nine.
Commissioner Plummer: Nine. Why is it many times during the day they can't find one?
Mr. Gonzalez-Goenaga: Because they found me.
Commissioner Plummer: I didn't ask you.
Captain Longueira: That's a real juvenile.
Assistant Chief Brooks: Commissioner, the gang officers work seven days a week. They work
different hours. A lot of times, they are having to deal with different problems on weekend
nights when a lot of the gang members are...
Commissioner Plummer: I'll start making notation for you when they can't find one on the
radio.
Assistant Chief Brooks: OK.
Vice Mayor Gort: Let me ask a question.
Commissioner Plummer: Because it's quite often.
Assistant Chief Brooks: Thank you.
Vice Mayor Gort: I think what... What we're looking at is maximizing the funding, whatever
funding sources we have, be it in the County, State and so on. I think what is being stated here
is, is that it's a lot easier to sometimes, rather than do it ourselves - and this is the question. I
don't know if the criteria or the guidelines for the funding would call for that - but if it's a lot
easier, a lot better to go ahead and subcontract with an existing agency, already offering the same
service...
Commissioner Plummer: So be it.
Vice Mayor Gort: ... rather than put your officers, I think that's what...
Commissioner Plummer: I agree.
Vice Mayor Gort: ... Miller, you're asking. Am I correct? Mr. Dawkins?
Commissioner Plummer: Miller?
Commissioner Dawkins: Hmm?
125 February 29, 1996
Captain Longueira: Commissioner, we are partnering with other agencies...
Vice Mayor Gort: What I'm saying is...
Captain Longueira: ... like Shake -A -Leg, and the Ropes Program.
Vice Mayor Gort: ... could this money be maximized, instead of we doing it ourselves, that we
subcontract with somebody already existing, doing the services. I don't know.
Commissioner Dawkins: Mm-hmm. I agree with you. I agree, Commissioner.
Mayor Clark: All right.
Commissioner Dawkins: I have no further questions. Move the item.
Mr. Gonzalez-Goenaga: Excuse me. May I address the Commission to give an inventive
solution?
Mayor Clark: Go ahead, go ahead, go ahead. You got a solution.
Mr. Gonzalez-Goenaga: My name is Manny "Boom -Boom" Gonzalez. My temporary residence
is Dade County Jail, thanks to these blue brothers.
Commissioner Plummer: Taking my territory.
Mr. Gonzalez-Goenaga: And to do the right thing, I'm going to tell you what you guys have to
do. Be honest, have a lot of integrity, morality, sincerity, and that's lacking. You guys are like
the foremen, and you got... I spoke on September the 25th for 15 minutes, the truth, the truth
and nothing but the truth. But I can guarantee you that we are dealing with gangs. The first
gangsters are some policemen. And I can name them by name and address.
Commissioner Plummer: I heard he was in jail in Puerto Rico. For what?
Vice Mayor Gort: Mr. Mayor, my suggestion is for you to do that, go to the State Attorney's
Office and make your complaint, sir.
Mr. Gonzalez-Goenaga: Well, I have made so many complaints, and that's... We have a
coverup, Internal Affairs Division. And I have proposed too many things for this Police
Department, an independent review panel, and they keep killing, assassinating the people of
Miami, like Fermin Alameda and that will come on item 88.
Mayor Clark: OK. Thank you.
Mr. Gonzalez-Goenaga: Thank you very much.
Mayor Clark: All right. We have a motion and a second. Call the roll.
126 February 29, 1996
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED: "GANG REDUCTION ACTIVITIES AND SPORTS
PROGRAM," AND APPROPRIATING FUNDS FOR THE OPERATION OF
SAME IN THE AMOUNT OF $178,136 CONSISTING OF A GRANT FROM
METROPOLITAN DADE COUNTY; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, 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: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11339.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I'm voting yes, and I want to make it clear, I am not suggesting that
you stop doing this. OK? But I'm suggesting that we assist other people in doing other things. I
vote yes.
127 February 29, 1996
----------------------------------------------------------------------------------------------------------------
32. SECOND READING ORDINANCE: AMEND CODE SECTION 40-234
(GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST) -- REQUIRE THAT CERTAIN EMPLOYEES HIRED
AFTER MARCH 31, 1996 SHALL BE MEMBERS OF GESE RETIREMENT
TRUST -- AMEND SECTION 40-235 TO PROVIDE FOR CREDITABLE
SERVICE TRANSFER, PAST SERVICE BUY-BACK, AND REPAYMENT OF
OUTSTANDING TRUST FUND ACCOUNT LOAN.
Mayor Clark: Item 51.
Commissioner Dawkins: Move it.
Commissioner Plummer: Move it. Second.
Mayor Clark: Read the ordinance. 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
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.
passed on its first reading, by title, at the meeting of January 25, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Dawkins, 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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11340.
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.
128 February 29, 1996
----------------------------------------------------------------------------------------------------------------
33. (A) SECOND READING ORDINANCE: ESTABLISH 2 SPECIAL
REVENUE FUNDS AND APPROPRIATE FUNDS: (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.
(B) COMMISSIONER DAWKINS STIPULATES THAT NO MONIES BE
SPENT UNTIL THE DAVIS-BACON ACT IS FOLLOWED AND
FIRST SOURCE AGREEMENT IS ADHERED TO, WHICH WOULD
REQUIRE TACOLCY ECONOMIC DEVELOPMENT TO HIRE
UNEMPLOYED RESIDENTS LIVING IN AREA AS PREREQUISITE
TO OBTAINING FUNDS.
Mayor Clark: Item 52.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second. Read it.
Commissioner Dawkins: Under discussion. Mr. Manager, I would hope that not one penny
would be dispensed in this project until this Commission has seen that the Davis -Bacon Act is
being adhered to, and that the local... What's that thing we have, Mr. Manager, where you hire
people in the community? The local what?
Mr. Cesar Odio (City Manager): They have to hire...
A. Quinn Jones, III, Esq. (City Attorney): First source. First source hiring.
Commissioner Dawkins: First source. .. where the first source agreement is where
Edison/Tacolcy must hire unemployed people in that area before they can get a penny.
(APPLAUSE)
Mayor Clark: Did you read the ordinance? Call the roll.
129 February 29, 1996
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.
passed on its first reading, by title, at the meeting of January 25, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Vice Mayor Gort, 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
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11341.
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.
-----------------------------------------------------------------------------------------------------------
34. (A) SECOND READING ORDINANCE: APPROVE CREATION OF A
SPECIAL TAXING DISTRICT BY METROPOLITAN DADE
COUNTY FOR FOUR WAY LODGE ESTATES -- TO PROVIDE 24-
HOUR STATIONARY SECURITY GUARD SERVICE, ETC. --
APPROPRIATE $100,000 (REIMBURSABLE) -- EXECUTE
INTERLOCAL AGREEMENT WITH METROPOLITAN DADE
COUNTY.
(B) DIRECT ADMINISTRATION TO PREPARE FLOOR PLAN OF
TRAFFIC FOR PROPOSED ESTABLISHMENT OF BARRICADES --
PUBLISH BALLOT IN THE MIAMI TIMES, REQUESTING
RESIDENTS TO MAIL THEIR RESPONSES TO THE CITY
CONCERNING PROPOSED BARRICADES.
Mayor Clark: Item 53.
Commissioner Plummer: I'll move it, but I want some explanation on it first.
Commissioner Dawkins: Second.
130 February 29, 1996
Commissioner Plummer: What is this? Where is this thing called Four Way Lodge?
Mr. Jim Kay: There is a map at the very end of your package that shows it. It's at Poinciana,
between Main Highway and Biscayne Bay.
Commissioner Plummer: OK. It's in South Grove.
Mr. Kay: Yes, sir.
Commissioner Plummer: OK. My next question. The stationary guardhouse, is everybody
aware that they cannot stop people from entering that area.
Mr. Kay: The County would control that. They cannot stop people from entering the area, that's
correct.
Commissioner Plummer: No, no, no. Because there is one that's existing now in which they are
in violation by virtue of stopping people, asking where they're going, taking license tag
numbers, and they have no right to do that. So I want to make sure in this particular case, that if,
in fact, that is violated, that they lose it. So how do we go about that, Mr. City Attorney?
A. Quinn Jones, III, Esq. (City Attorney): Well, Commissioner, they can stop them and take tag
numbers. They can't stop them from using the public right-of-way. I mean, that has been...
Commissioner Plummer: Well, it was my understanding...
Mr. Jones: No. There's been some problems in various areas where, you know, because that is
the practice. It's perfectly legal for them to ask for the license plate, or take down the license
plate number.
Commissioner Plummer: And they drive through without stopping them.
Mr. Jones: Well... And it's legal for them to ask them to stop. They just can't prevent them
from using the right-of-way.
Vice Mayor Gort: Right.
Commissioner Plummer: OK. All right. As long as we understand each other.
Mayor Clark: All right. Read the ordinance.
Commissioner Carollo: If I may read this into the record before the ordinance is read. The City
Attorney requested me to, Mr. Mayor.
Mayor Clark: All right.
Commissioner Carollo: He would like for us to incorporate this into the ordinance.
Mr. Jones: Commissioner, the only thing you have... Oh, I'm sorry. Go ahead.
Commissioner Carollo: OK.
Mr. Jones: I was just saying for purpose of title, we need to make one modification.
131 February 29, 1996
Commissioner Carollo: That's the one that I'm reading here.
Mr. Jones: And then you can explain the...
Commissioner Carollo: Well, I'll just read it into the record, and you can explain it further if it's
needed.
"Upon the referendum approval of this special taxing district by the affected
residents, and subject to specific provisions in the Interlocal Agreement between
the City and Dade County providing for reimbursement to the City of expenses
incurred, the City shall provide roving security guard service comprised of off -
duty police officers in marked patrol vehicles during the interim period between
an affirmative vote of the residents leading to the establishment of the Four Way
Lodge Estates Security Guard Special Taxing District, and the construction of a
guardhouse engaged for said district by the City."
Commissioner Plummer: Let me just make sure. Mr. Manager, this is a special taxing district
that the people that are the beneficiaries are paying for; is that correct? Totally.
Mr. Kay: This is subject to an election.
Commissioner Plummer: I understand that.
Mr. Kay: OK. Yes, sir. But your answer is yes.
Commissioner Plummer: So in other words, nothing happens without the election.
Mr. Kay: Yes, sir, that's correct.
Commissioner Plummer: OK. All right. Hey, they're willing to put their money where their
mouth is.
Mayor Clark: All right. Let's hear from the other side.
Mr. Ronald Shapo: Mr. Mayor, Ronald Shapo, 200 South Biscayne Boulevard. I'm here in my
personal capacity today, rather than... in addition, I guess, as counsel, and joined... I'm a resident
of Four Way Lodge Estates. I'm joined here today by James Kaufman of Kaufman and Rossin,
who is the president of the Association; Mary Fenster, who is our long-time secretary; and
Jeannie Nicastri, who is a well known broker in town, and whose experiences and the violence
which she personally experienced had a lot to do with bringing this matter to the fore within our
neighborhood, and a desire to establish this district. The comments which have been made by
Commissioner Carollo are consistent with the petition which was signed by 67 percent of the
owners in the area. There were only, I think, four - at least one of them is here - who signed
opposed, but almost everyone who signed signed in favor. It's something which we had been
accomplishing through voluntary donations for the last couple of years, but unfortunately, as
those matters go, when things calm down by view... the use of the police protection which the
City has provided through private payments, people cut down on their payments, which
obviously leads to the very unfair result of a relatively small number of people having to pay for
everyone, even though everyone is getting the benefit. It's something which, as I say, the vast -
the overwhelming majority, really - about 85 percent of those who signed one way or the other -
signed in favor, something which we very, very much want, and something which, as I say, the
petitions which were signed did contain the language which Commissioner Carollo has read. So
that's consistent with what we desire. And we appreciate very much your consideration.
Mayor Clark: Thank you. All right. Any further discussion?
132 February 29, 1996
Mr. Lester Pancoast: Mr. Mayor and Commissioners, I'm Lester Pancoast. I live at 3351
Poinciana Avenue. I have lived there since 1963. I would like to live there in retirement. But
what we are about to do here in this hearing is to make that impossible, because it will add to an
already difficult ten thousand dollars in taxes per year, approximately six thousand dollars more.
Commissioner Plummer: Per house?
Mr. Pancoast: Per house. And what this means is...
Mr. Shapo: That's not correct.
Mr. Pancoast: May I finish? What this means is that right now, we are... My house is
surrounded by "for sale" signs. Why is that? It's a desirable area, everyone would agree to that.
But all these houses are for sale because the taxes are so high now. We are unable to move
houses down in that area for monies that we think they're worth because the taxes are so high
now. What we are about to do is to enforce another sixty - six thousand - on top of the ten.
Now, how hard are those houses going to be to sell? A gateway at the top of this thing will
create a, quote, gated community. That's wrong. My house and others are on the waterfront. If
I were to propose taxing those inland owners up the hill for a boat to be out there 24 hours to
protect my property, they'd be outraged. They wouldn't want to pay it. I don't want to prevent
people from increasing their security, which is their argument. But I don't... I have paid for my
security in other ways. And my City taxes, I think, are going to the agencies that are properly in
charge of these matters. A gate at the top of that hill is not protection, as far as I'm concerned.
It's something of great interest, however, to realtors who have been telling these people that they
can sell their houses for a great deal of money. Now, we get down to the true motive. The
people who want to stay there and live there are going to be forced out, whereas the people who
live there now want to sell at a considerable profit because they think that gate house will get
them higher valuations in a, quote, gated community. I didn't live in a gated community, and I
don't want to live in one now. I live in Miami, and I don't want to have some sort of feudal,
sub -tended place where I can feel safe. I think this is a very serious matter before us, because, as
I understand it, it has not been done before in the City of Miami. It will go on to the County,
where it's a far less personal and immediate matter. But I would like to remind the Commission
that this is something that could increase and could happen more often to the vast detriment of
anyone who wants to stay here. Thank you.
Mayor Clark: Thank you, sir.
Commissioner Plummer: He's raised a good question. I'd like to know what the average house
is going to cost them. I know it's high on the first year, because of the construction. But after
the first year, what is the anticipated cost? Can somebody answer that?
Mr. Kay: Commissioner, I can only give you the information passed along to me by Dade
County, who will be administering that.
Commissioner Plummer: Oh, fine. Thank you.
Mr. Kay: The first year will be close to six thousand. I'm assuming we have 40 homes there,
you know, it will be split up among 40 homes. Six thousand a home for the first year. After
that, it will be about half that amount.
Vice Mayor Gort: That's two hundred and forty.
Mr. Kay: Or about three thousand a home.
133 February 29, 1996
Commissioner Plummer: Ten dollars a day.
Mayor Clark: All right. Let's hear from this side.
Mr. Jim Kaufman: Commissioners, Jim Kaufman, 3373 Poinciana. I am president of the
homeowners' association.
Commissioner Dawkins: Pull the mike to you, Mr. Kaufman.
Mr. Kaufman: Pardon me?
Commissioner Dawkins: Pull the mike to you, Mr. Kaufman. Pull the mike to you.
Mr. Kaufman: Oh, yeah. Our information, our budgeting indicates it will be close to two than
three thousand a year, perhaps twenty-five hundred a year per home, after the first year. I lived
on Poinciana Avenue since 1969, and it is also my intention have to live there into my
retirement, if I may. But frankly, I think that the problems we've had on Poinciana have been
really a serious increase in the incidence of crimes against persons and property, and my
impression is that many of the "for sale" signs are likely motivated by a lack of security on the
part of the residents there. And so I... I mean...
Commissioner Plummer: What are they asking us to do today? To allow them to vote?
Mr. Jones: No. This is a condition preceding the County requirement.
Commissioner Plummer: Well, but I mean what... Are you asking us today to allow you to go
to a vote? Is that what you're asking?
Mr. Kaufman: All we're asking today is to permit us to go to a vote of the residents, which must
be done in order to validate this program.
Commissioner Plummer: Do we have a copy of the ballot which will be sent out to the people so
there will be no misunderstanding on what we're voting for?
Mr. Jones: No. Commissioner, all this does...
Mr. Kay: We don't have a copy of that now, no, no, sir.
Mr. Jones: No. That's not what you're passing today. What you... The ordinance that you have
here is basically a condition precedent where you're saying that you're approving in concept the
creation of the special taxing district, which ultimately will have to be ruled upon, decided upon
by Dade County. Insofar as the ballot or whatever that they're talking about, we don't even get
into that process. The County does that, as well.
Commissioner Plummer: What you're saying is, we're creating and voting here on a special
taxing district...
Mr. Jones: Mm-hmm.
Commissioner Plummer: ... which, if approved, would go on to the County for the same amount
of authorization.
Mr. Jones: That's correct.
134 February 29, 1996
Mr. Kaufman: And then to a vote of the homeowners. And then into an enabling.
Unidentified Speaker: And then all over the City of Miami.
Commissioner Plummer: Well, we've done it elsewhere. That's...
Unidentified Speaker: Has it been successful? Because I know in the north part of the City, the
gated community has had no effect whatsoever.
Commissioner Plummer: Belle Meade has been very successful, from what I understand. I...
You know, Mr. Mayor, I almost feel a little guilty here, because even though I'm not involved,
Bay Heights is presently talking about it. My neighborhood of Natoma Manor is talking about it.
I've refused to talk with them in any way, shape or form. But we're coming... I think that
you're going to have a lot of applications that are absolutely involved.
Ms. Jeannie Nicastri: If I could speak to that. I'm Jeannie Nicastri, and I live on Carmen Court,
3765. I'm in real estate. And all of the communities that have gated themselves along Old
Cutler Road, we are now able to sell all the houses because... And not only do we sell them, but
we sell them quickly. What everybody wants when they call a real estate office today is, they
want security. That's foremost on their mind.
Commissioner Plummer: Where... Is this from Main Highway to the water?
Ms. Nicastri: It is not real estate taxes that is preventing the houses from our area from selling.
Commissioner Plummer: She doesn't live there. 3765?
Ms. Nicastri: It's the incident that happened to me. I'm only alive today because my neighbors
were home when I was attacked, but they were going to kill me. And I'm just one of a small,
small amount of people that were able to speak up, and fight back, and get something done.
Mayor Clark: OK.
Ms. Nicastri: I started all the security patrols in the South Grove Homeowners' Association
area, and we started this one together because of what happened to me.
Commissioner Plummer: What... Did she say she was 3765? Huh?
Ms. Nicastri: And because people are fighting back and getting private patrols, and in our case,
our geographical area is such that we can mount a guard gate. Most of Miami cannot, but we
can do it easily. And the residents are definitely in favor of it, and they're going to vote. I mean,
let them decide whether or not we should do this.
Mayor Clark: All right.
Commissioner Plummer: What did you say your address was?
Ms. Nicastri: 3765 Carmen Court.
Commissioner Plummer: Oh, Carmen Court.
Ms. Nicastri: Yes. I'm at the top of the street.
135 February 29, 1996
Commissioner Plummer: OK.
Mayor Clark: All right. Mr. Dawkins, you have the floor.
Commissioner Dawkins: Mr. Kay or anyone, we permitted Northeast Miami to gate or seclude
themselves; is that a correct statement?
Mr. Kay: And the Belle Meade area, the Bell Meade Island, as well.
Commissioner Dawkins: We permitted the Roads area to gate themselves or whatever; is that a
correct statement?
Mr. Kay: On Brickell, at 32nd Road, yes, sir, we have gone on with that process.
Commissioner Dawkins: And other areas - and I voted for it and will vote for it again, OK? - in
other areas, we permitted it, right? I want the Administration to prepare for me a floor plan of
traffic where I can gate 12th Avenue at 61st Street, 12th Avenue at 60th Street, 12th Avenue at
59th Street, 12th Avenue at 56th Street, and also go over to 17th Avenue and gate 61st Street,
60th Street, 59th Street, 58th Street, 57th Street, and 56th Street.
Commissioner Plummer: Commissioner, you only have one problem. If you do that, your
neighbors will be successful in keeping you out.
Commissioner Dawkins: Well, see, I'm one of the drug dealers, buyers, I'm trying to keep out.
OK? But if I can do that, and also barricade 13th Avenue, 14th Avenue and 15th Avenue, and
have one way in and one way out...
Ms. Nicastri: Yes. It has nothing to do with us.
(APPLAUSE)
Commissioner Dawkins: ... then we could very easily stop the drug traffic in our drug flea
market.
(APPLAUSE)
Commissioner Dawkins: You see, I've sat here, and waited, and voted, and I'm looking for
somebody, everybody to vote with me, now, and put... And I want this plan placed in the
Neighbors and the Miami Times with a ballot at the bottom that says "mark and mail in." I want
WEDR made aware of it, and WMBM, and Hot 105. And let's...
Ms. Nicastri: No, that's got nothing to do with us.
Commissioner Dawkins: And I want to see if those residents are desirous of barricading out.
Because, see, the people who live in that area can't afford drugs. They can't afford it. But it's
the biggest drug flea market in Miami. Anything you want, you get it in there. So let's... Since
we are worried about safety of residents, that's my project.
Mayor Clark: OK.
Commissioner Dawkins: Thank you.
Mayor Clark: Yes, sir.
136 February 29, 1996
(APPLAUSE)
Mayor Clark: Mr. Carollo, you moved this the last time on first reading. Do you have a motion?
Mr. Jones: Do you want me to read the ordinance?
Commissioner Carollo: Yes, I do, Mr. Mayor, if we could... We have a second for discussion,
brother.
Commissioner Dawkins: Yeah, we had a second.
Vice Mayor Gort: Yeah.
Commissioner Carollo: It was seconded. Who seconded it, now?
Vice Mayor Gort: I seconded.
Commissioner Carollo: OK. Mr. Gort seconded. I would just like to say, just for the record, I
think you had mentioned that there's approximately 40 homes in the area. How many...
Ms. Nicastri: Forty-four.
Commissioner Carollo: Forty-four. How many of the owners were in favor of this all together?
Ms. Nicastri: Ron?
Mr. Shapo: There were... Give me one second. Yeah, there's 44 home sites. Within the
proposed district, I believe, there are only 40 or 41 homes. Twenty-seven signed in favor. I
think three or four signed opposed, and the balance just...
Commissioner Carollo: Didn't sign.
Mr. Shapo: ... didn't sign. So about 85, almost 90 percent of those who did sign, signed in
favor.
Commissioner Plummer: Can I ask a question, please?
Commissioner Carollo: Of those who voted, but not all the homeowners.
Mr. Shapo: Yes.
Commissioner Carollo: You still have a majority, though...
Mr. Shapo: Oh, there was a substantial majority.
Commissioner Carollo: ... that signed.
Mr. Shapo: Sixty percent of everybody.
Commissioner Plummer: Joe, let me ask a question, please.
Commissioner Carollo: Sure.
Commissioner Plummer: How far off of Main Highway would this gate house be?
137 February 29, 1996
Mr. Shapo: It has to be a hundred feet off.
Commissioner Plummer: So that would stack up roughly five cars.
Mr. Shapo: I guess. That's what they... the Traffic Department determined was the
appropriate... I mean, as I said, there's only 40 homes total.
Commissioner Plummer: And that would only be for people entering; is that correct, primarily?
Mr. Shapo: Correct. It is a dead-end street. The only other comments that... I think there are a
couple of other people who would like to speak, if they may, briefly.
Commissioner Carollo: Well, that...
Mayor Clark: I don't think that's necessary. But...
Commissioner Carollo: Yeah. I don't think it's necessary, unless the Mayor would like them to.
But I guess the statement I'd like to make is the following. I was asked for this to be brought up
by me, and I certainly did that before, and I will be voting for it. But I have some very mixed
feelings in hearing some of the statements that Mr. Pancoast made. For a long time, I have felt
that the reason that there are so many homes for sale in Coconut Grove is just for that, because of
the high taxes, you know. And frankly, I'm kind of shocked. I know most of the people in that
area, if not all, can certainly afford the extra increase. But I'm quite shocked that it's going to be
another six thousand a year, approximately...
Mr. Shapo: That's not...
Commissioner Carollo: ... on the first year. On the first year.
Mr. Shapo: Just the first year.. Just for the construction on the gate house.
Commissioner Carollo: Yeah, on the first year. And after that, it will be anywhere between two
to three thousand more. And just in case there was someone that that would be a hardship on,
that couldn't pay for that, you know, they're the odd person out. And that's the area that I have a
problem with. But nevertheless, I'm going to vote with what the majority of the residents there
want. But I... You know, I have great reservations on that point. I just hope that there is no one
there that truly cannot afford to pay that increase. And we're talking about a very wealthy area.
But still, that's why I see that in so many areas of the Grove and other parts of the areas of
Miami that are better off - and we don't have too many of those - you see so many "for sale"
signs, because the people that have been living here for years and are not... are reaching or have
reached their retirement years, can't afford to pay eight, nine, ten, twelve, fifteen thousand
dollars a year in taxes. It's impossible. And that's one of the great problems that we have in this
City, unfortunately, besides many others.
Ms. Mary Fenster: May I just say one quick something?
Commissioner Carollo: Yes, ma'am.
Ms. Fenster: I've been living on Carmen Court - my name is Mary Fenster - for 21 years. And
when my husband and I moved there, it was not our intention to live in a gated community. And
it is not our intention now to raise the... It is not our intention to raise the property value that we
have there at all. Our intention is to come in and our of our homes without looking around and
being afraid. Our intention is to have our teenage son come in at one or two or whatever his
138 February 29, 1996
curfew is - he's 18, in college - and not worry about somebody abducting him or following him
home. It didn't just happen to Jeannie. It has happened to two or three other people on this
street. And since we have hired our own private security police, off -duty policemen, when they
are on duty, there is no crime, none.
Commissioner Carollo: That's the bottom line, ma'am. You are so right. But, you know what?
The problem is not with you, the way you all feel, the way Mr. Pancoast feels. The problem lies
with the system and with City government. There shouldn't be any reason why, whatsoever,
why private citizens that pay taxes, and hefty taxes, at that, should have to go out to hire off -duty
police officers, and pay additional dollars...
Ms. Fenster: That's right. That is exactly right.
Commissioner Carollo: ... when that is the responsibility of the City of Miami, to have sufficient
police officers in the department to do that job at no additional cost to you. You are already
paying for that out of your taxes.
Ms. Fenster: That's right.
Commissioner Carollo: And to my shock, having come back in the last hundred days, I find out
that when I left here a little over eight years ago, we had about 1,100 police officers. We're
down to under a thousand today. And the reason that we're having more of this today is that the
City of Miami is approximately, at least, at the very least, 150 to 200 police officers short today,
which means that in order for us to pay for 150 officers more a year, we have to spend around
seven and a half million more dollars a year, or find that money from somewhere. And Mr.
Manager, I'm forewarning you that I will be sending you a memorandum soon, so that it can be
presented to the Commission at the next meeting, where I'm going to lay out a plan that we are
going to increase the department back to that 1,150 police officers that we need, and it's still not
going to be enough. And we're going to have to find the monies from somewhere. I don't care
where we're going to find it, but we have to do it in a gradual way, where we can be sure that the
officers that are going to be hired are going to be the type of officers that we want, that are not
going to cause us some of the problems that we've had in the past, I mean, the additional
protection that they need to have safer streets, like we once used to have.
Mayor Clark: All right. Call the roll, Mr. Clerk.
Mr. Jones: I have to read the ordinance as amended and read into the record by Commissioner
Carollo.
Commissioner Plummer: Question. Do I have the assurance that at any time after this is put in
place, if it is, that if 51 percent want to discontinue, they can, that it would be discontinued?
Mr. Shapo: My understanding is that you can petition, and that's the law.
Commissioner Plummer: My understanding is then - so it's on the record - that at any time after,
if this passes, if 51 percent vote to eliminate this, they can.
Mr. Shapo: I believe that's correct.
Commissioner Plummer: Now, don't "believe it." I want it on the record that that is a
stipulation that I'm voting on.
Mayor Clark: All right. Call the roll, Mr. Clerk.
139 February 29, 1996
Mr. Morton Varat: Can I... May I say a few words, please? I'm Morty Varat. I live at 3t-. 25
Bayside Court, which is on the end of Poinciana. I'm totally retired, and it's a vc.
uncomfortable thing, to when you ride down your street and we don't have our patrol, to have to
keep looking around to see who is following us. And we've been followed. My wife has been
mugged right in front of our home. We've had two of our cars broken into. It's a terrible thing.
When you retire, you dream about having a little security. You just can't have it. Even if you
want to pay for it, you can't have it. And I'm willing to go all the way to whatever it would tal
to make it work for this area.
Mayor Clark: OK.
Mr. Varat: I think being safe in a City like this should be our prime concern. Thank you.
Mayor Clark: Thank you, sir. Call the roll, Mr. Clerk.
An Ordinance entitled -
AN ORDINANCE WITH ATTACHMENT(S), APPROVING CREATION OF .Li
SPECIAL TAXING DISTRICT BY METROPOLITAN DADE COUNTY FOR FOUR
WAY LODGE ESTATES, MIAMI, FLORID& FOR THE PURPOSE OF PROVIDING
TWENTY-FOUR HOUR STATIONARY SECURITY GUARD SERVICE AND
INTERIM ROVING GUARD SERVICE; SUBJECT TO COMPLIANCE WI111
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 AN AMOUNT NOT 'TO
EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000) FOR SAID
CAPITAL IMPROVEMENTS, AND ADDITIONAL EXPENDITURES FOR INTERIM
ROVING GUARD SERVICE; REQUIRING REIMBURSEMENT FOR ALL
EXPENDITURES; PROVIDING FOR TITLE, INSURANCE AND GUARD 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.
passed on its first reading, by title, at the meeting of January 25, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Carollo,
seconded by Vice Mayor Gort, 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
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11342.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mr. Shapo: Thank you very much.
140 February 29, 1996
, ) , ,. ,,)
Mr. Pancoast: Thank you very much.
Ms. Nicastri: Thank you.
----------------------------------------------------------------------------------------------------------------
35. SECOND READING ORDINANCE: AMEND CODE CHAPTER 53,
SECTIONS 53-30 AND 53-72 -- PROVIDE FOR VESSEL REGULATIONS
APPLICABLE TO MIAMARINA -- ADD NEW SECTION 53-81.
Mayor Clark: Item 54.
Commissioner Plummer: Move it.
Commissioner Carollo: Second.
Mayor Clark: Call the roll.
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.
passed on its first reading, by title, at the meeting of January 25, 1996, 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
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11343.
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.
141 February 29, 1996
1
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----------------------- ------- ----------------------------------------------------------------------------------
36. FIRST READING ORDINANCE: AMEND CODE CHAPTER 22 (GARBAGE
AND TRASH) -- PROVIDE NEW DEFINITIONS / AREAS OF
RESPONSIBILITY FOR THE NEIGHBORHOOD ENHANCEMENT TEAM
(NET) OFFICES PREVIOUSLY HELD BY DIRECTOR OF SOLID WASTE
DEPARTMENT, ETC.
Mayor Clark: Item number 55.
Commissioner Plummer: Yeah, I'm going to move it, Mr. Mayor, but I can tell you, I've got
some serious reservations before second reading.
Vice Mayor Gort: Second for the purpose of discussion.
A. Quinn Jones, III, Esq. (City Attorney): Second for discussion?
Vice Mayor Gort: Yeah. One of the requirements is to require that the garbage or trash
container site is screened from the street alley adjacent to property. We have... A lot of the
property does not meet this criteria, so where would they place it? Like, I've seen a lot of these
have been placed on the public right-of-way.
Mr. Cesar Odio (City Manager): They have. We are going to have to work with them to make
sure that they are out of sight. When I walked 8th Street the other day, Commissioner, most of
those containers have been just thrown or strewn about on the sidewalk, inclusive. We need to
start... at least have something to work from. I'm not saying we're going to be 100 percent
successful. This amendment will... This ordinance will require the private service haulers to
notify any NET (Neighborhood Enhancement Team) office when their service is discontinued.
That's all.
Vice Mayor Gort: Right. No, I agree with it. I think we need this, and we should have it. But a
lot of the business areas that we have, they do not have an alley, but they have places where they
can put this, except in the public right-of-way. And we're going to have to find a solution for
this.
Mr. Odio: Right. We're going to have to find a solution.
Vice Mayor Gort: OK.
Mr. Odio: Maybe they have to build something.
Mayor Clark: In certain areas, you picked it up very well, but let's keep up the good work.
Don't stop on laurels.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Under the same requirement, Mr. Manager, which says require that the
garbage or trash container site be screened from the street, alley and adjacent properties, what do
you do in cases where people presently now have containers that are not screened? What are
you going to do?
142 February 29, 1996
Mr. Odio: Well, this would give us the authority to have them removed or fine them.
Commissioner Dawkins: OK. So...
Mr. Odio: Like I said, we're going to have to be flexible until they can find alternate solutions.
It's just a way of... especially of enforcing in some areas that are... Like I said, on 8th Street,
they're just dumping them right in the middle of the sidewalk sometimes. So this way, we'd at
least try to get some order on these containers.
Commissioner Dawkins: This says a container must be out of sight. That's what we're saying.
Mr. Odio: Correct, correct. But as Commissioner...
Commissioner Dawkins: Now, you know there are some houses that have been built years ago
that... and they're right on the lot line, and all...
Mr. Odio: We're going to have to work with them.
Commissioner Dawkins: ... and they have put... they have dumpsters there or containers. They
cannot hide them in any way. Now, what are we going to do? Grandfather them in, or are we
going to pay... Will the City pay for whatever has to be done, or what are we going to do?
Mr. Odio: I'd rather... So that we can go to them and say, "Let's work with you," and at least
force the private haulers, which are, in most cases, the guilty parties, because they just dump
them wherever the truck can unload them, that to force them to have a specific location in the
business, at least.
Commissioner Dawkins: OK. One more.
property..."
Mr. Odio: Yes, sir.
Commissioner Dawkins: Property owners.
Mr. Odio: Yes, sir.
"Require property owners to maintain their
Commissioner Dawkins: ... "in a clean, mowed and a litter free manner, including sidewalks,
gas strips, swale area or right-of-way, up to the edge of the pavement of any public street."
Mr. Odio: I think, Commissioner...
Commissioner Dawkins: No, wait. No, I know.
Mr. Odio: I'm sorry.
Commissioner Dawkins: What do we do, and who is responsible for the property owned by the
City?
Mr. Odio: We, we would be.
Commissioner Dawkins: Well, all right. Now, you know as well as I know, there are uncut lots.
There are street lots where in the streets it's dirty, and we are going to force other landowners to
do this. How are we going to make sure that we do it, Mr. Manager?
143 February 29, 1996
Mr. Odio: No, no. No, this... This is not empty lots. This is for where you have a business, and
the sidewalk is dirty, and the swale is, and the grass is not cut or something, that we can go in
and say, "You must keep this, your front, the front of your business clean." It is their
responsibility. In some cases in...
Commissioner Plummer: It's not their property.
Mr. Odio: Huh?
Commissioner Plummer: It's not their property.
Mr. Odio: But it is to their convenience to keep their place of business clean.
Commissioner Dawkins: Not necessarily.
Commissioner Plummer: They don't even keep their own yard clean. How are you going to ask
them to keep the front yard...
Mr. Odio: Well, let me tell you, there are a lot - to my surprise - there are a lot of merchants on
8th Street that go out and sweep their front every morning and every afternoon.
Commissioner Dawkins: But they don't sweep that in... that's owned by the City.
Mr. Odio: No, sir. If it's the City's, then we have to clean it. We would have to be responsible.
Commissioner Plummer: Well, from the sidewalk to the swale... The swale area is the City's.
Mr. Odio: We have to clean it. We are the property owner.
Commissioner Plummer: I have a question. Mr. Manager, some time ago, we asked you from
the City Commission that where people were using bins or containers, that as you drove around,
you saw them overflowing because the owner or what would not get the right size - he wanted it
smaller one for a cheaper amount -that when those things overflowed, that they were going to be
given a notice of violation.
Mr. Odio: We're giving them fines, and I will bring you a report on how many we have given.
We are...
Commissioner Plummer: Mr. Manager, I'm going to tell you, sir, that everywhere I drive, I see
bins overflowed.
Mr. Odio: I have seen them. And we are fining them, and that's why we want the containers
also to be clearly identified, what company owns that container, so we can go after that
company, also. We are fining them, Commissioner. I will give you a report by next week.
Commissioner Plummer: OK.
Commissioner Carollo: Mr. Manager...
Commissioner Dawkins: One final question, please, Mr. Mayor. The last one, "Require tenants
of commercial property to be responsible for the property they occupy." What does that mean?
Mr. Carlos Smith (Assistant City Manager): Commissioner, we are proposing that if you fail to
abide by these rules, that the occupant of the business will have their licenses revoked.
144 February 29, 1996
Commissioner Dawkins: Commercial property. Is a triplex or four-plex commercial property?
Mr. Smith: The City considers that to be commercial property.
Commissioner Dawkins: So therefore, if the tenant does not put the trash in the container, and
it's in the streets, and the tenant refuses, the tenant, who you want to force to do it, what do we
do?
Mr. Smith: Our intention here is mainly for businesses, such as... I mean retail shops and so
forth, not apartment buildings.
Commissioner Dawkins: You didn't say... But see...
Mr. Smith: I understand what you are...
Commissioner Dawkins: That doesn't say that.
Mr. Smith: I understand. That's the intent.
Commissioner Dawkins: OK. I defer this, and you bring this back with what you really mean in
it to the next meeting.
Vice Mayor Gort: Could we pass it on first reading?
Commissioner Carollo: My question is, Carlos, one of the areas that I'm getting feedback on
from the NET offices, the different ones around the City, is that there seems to be a lack of
cooperation, if not understanding or coordination between the different NET offices and the
Sanitation Department, or the persons in charge in the Sanitation Department, when the NET
office finds these kind of problems, in coordinating the garbage being picked up and the trash,
and enforcement of it. What can we do to make sure that the coordination is being done
smoothly, like it should be, between the NET offices and the Sanitation Department, so that
when you have areas that there needs to be garbage trucks sent to that it doesn't take days and
days or weeks sometimes? Because, as you all know, what happens is, if you have a street and
somebody sees that there's an illegal dumping, if you don't take care of it right away, that's just
going to attract more people to come and do the same thing.
Mr. Smith: It grows. Undoubtedly, it grows. One of the things that we have done is, we have a
truck assigned to... with two garbage people in the back, in downtown, and it covers downtown,
Overtown and, I believe, Wynwood. I believe there is one assigned to Allapattah, which is
supposed to cover... That's my understanding, that there's one in Allapattah.
Commissioner Carollo: There was for about two or three days.
Mr. Smith: OK. The plan was to have one in Allapattah, which would cover Allapattah and the
three areas in the north, and then one in the south, south of the river, and to exactly do that. Go
to the places where we have people dumping small quantities, and pick them up real quick.
Commissioner Carollo: Yeah, but see, all these areas that you mentioned, including East Little
Havana and others, we basically need one truck for each of those NET areas, and some, even
more so like... Willy will be the first one to tell you how bad the situation is in Allapattah, with
the market out there, of food being thrown. It's a daily task they have. East Little Havana, and
Overtown, Allapattah, rather Wynwood, Liberty City, we have similar problems. And if we
don't assign sufficient trucks and the manpower to those trucks, then we're beating ourselves
over the head.
145 February 29, 1996
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Smith: That is an area that we recognize as a big problem. Believe me, we understand that
is a big problem.
Commissioner Carollo: You know, if the problem that you have now is that you have limited
personnel, then I think we need to revisit that and try to hire some additional people.
Mayor Clark: All right.
Commissioner Carollo: I mean, I don't know. That might be the case.
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: Commissioner Gort moves this on first reading. I second it with the
right to veto it if they do not put the changes in I requested.
Vice Mayor Gort: Oh, on the second reading, they'll have to take it in during the first - the
second reading.
Mayor Clark: All right. Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 22 ENTITLED: "GARBAGE AND
TRASH," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
PROVIDING FOR NEW DEFINITIONS; SETTING FORTH NEW AREAS OF
RESPONSIBILITY FOR THE NEIGHBORHOOD ENHANCEMENT TEAM (NET)
OFFICES PREVIOUSLY HELD BY THE DIRECTOR OF THE DEPARTMENT OF
SOLID WASTE; PROVIDING FOR NEW REGULATIONS CONCERNING THE
DISPOSAL OF WASTE BY COMMERCIAL AND FOOD SERVICE
ESTABLISHMENTS, SETTING FORTH NEW STANDARDS CONCERNING THE
LOCATION AND APPEARANCE OF GARBAGE AND/OR TRASH CONTAINERS;
ADDING NEW REGULATIONS FOR PROPERTY OWNERS AND OCCUPANTS OF
IMPROVED AND UNIMPROVED PROPERTY; SETTING NEW AREAS OF
RESPONSIBILITY OF PERSONS OTHER THAN OWNERS OF PREMISES FOR
VIOLATIONS AND FOR NONCOMPLIANCE; CREATING NEW ENFORCEMENT
AND ADMINISTRATIVE FEES; MORE PARTICULARLY AMENDING SECTIONS
22-1, 22-2, 22-5, 22--9 AND 22-32; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR INCLUSION IN THE CITY
CODE.
146 February 29, 1.996
was introduced by Vice Mayor Gort, 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.
Mayor Clark: Item number 56 has been deferred. Fifty-seven has been withdrawn.
-------------------------------------------------------------- -------------------------------------------
37. FIRST READING ORDINANCE: AMEND CODE CHAPTER 2, SECTIONS 2-
75 AND 2-76, WHICH SET FORTH FEES FOR ZONING CERTIFICATES OF
USE AND FOR INSPECTION / EXAMINATION OF PLANS -- AMEND FEES
TO COVER COST OF ENFORCEMENT OF 11000 (ZONING ORDINANCE
11000).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Fifty-eight.
Commissioner Plummer: Move it.
Vice Mayor Gort: Sure.
Commissioner Carollo: A question to the City Manager.
Mayor Clark: Yes.
Commissioner Carollo: Mr. Manager, what are you anticipating that the fees will be raised to?
Mr. Cesar Odio (City Manager): I have the money... You want to explain to him? We have...
Mr. Carlos Smith (Assistant City Manager): How much did we generate?
Commissioner Carollo: No. What I'm asking is not necessarily how much you'll generate - I'd
like that answer if you have it ready - but how much will the fees come to...
Mr. Odio: From where we...
Commissioner Carollo: ... the actual fee that will be charged?
Mr. Smith: It varies. These fees were last increased in 1989, and it varies. Some of them have
gone like from twenty-five dollars ($25) to fifty dollars ($50). Some of them have gone from
147 February 29, 1996
nine cents a square foot to ten cents a square foot, and so forth. It varies. Let me say this. In the
Certificate of Use, which is one that covers most of the increases, the base fee has been... has
remained the same. So in retail areas up to 2,000 square feet, it remains at two hundred and fifty
dollars ($250). Same thing for wholesale, restaurants, first... a hundred seats and so forth. What
we have increased are the ones where there is a bigger area. And for each Certificate of Use, we
have to conduct six inspections. We have to do zoning, fire, structural, electrical, mechanical,
and plumbing inspections.
Mayor Clark: All right. Any further questions? Call the roll then.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 2, SECTIONS 2-75 AND 2-76 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH SET FORTH
THE FEES FOR ZONING CERTIFICATES OF USE AND FOR INSPECTION AND
EXAMINATION OF PLANS; BY AMENDING SAID FEES TO COVER THE COST
FOR THE ENFORCEMENT OF ORDINANCE NO. 11000, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND OF THE
SOUTH FLORIDA BUILDING CODE; CONTAINING A REPEALER PROVISION, 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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: Commissioner Joe Carollo
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.
Commissioner Dawkins: Mr.... Mayor Clark.
Mayor Clark: Yes, sir.
Commissioner Dawkins: A point of special privilege.
Mayor Clark: Let's get this done. I vote yes.
148 February 29, 1996
ME
----------------------------------------------------------------------------------------------------------------
38. (A) (Continued) APPOINT COMMISSIONER DAWKINS TO
REPRESENT COMMISSION IN CONNECTION WITH
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING ISSUES -- DIRECT ADMINISTRATION TO MEET WITH
COMMISSIONER DAWKINS CONCERNING FY 1996-97
PROPOSED CONSOLIDATION PLAN -- DIRECT
ADMINISTRATION TO NOTIFY POTENTIAL RECIPIENTS OF
CDBG FUNDS) POTENTIAL SUBSTANTIAL CUT IN UPCOMING
CYCLE -- DIRECT ADMINISTRATION TO MAKE COMMUNITY
BASED ORGANIZATIONS (CBOs) AWARE OF PROPOSED DRAFT
ORDINANCE REQUIRING SPECIFIC PERCENTAGE OF CBO
MEMBERS TO COMPLY WITH STRICT RESIDENCY
REQUIREMENTS.
(B) DEFER CONSIDERATION OF (1) AGENDA ITEM 34 (PROPOSED
RESOLUTION TO AUTHORIZE MANAGER TO SUBMIT CITY'S
FY 1996-97 PROPOSED CONSOLIDATED PLAN, INCLUDING FY
1996 ACTION PLAN WITH RECOMMENDED FUNDING
PROJECTIONS FOR CITY'S CDBG, HOME INVESTMENT
PARTNERSHIPS (HOME), EMERGENCY SHELTER GRANT (ESG),
AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) PROGRAMS, AND GRANT APPLICATION, TO U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD); AND (2) AGENDA ITEM 35 (PROPOSED RESOLUTION TO
ESTABLISH 4 NEW SPECIAL REVENUE FUNDS). (See label 4)
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: We have people sitting here since this morning on 34 and 35. I would
move that 34 and 35 be heard next.
Mayor Clark: All right.
(APPLAUSE)
Mayor Clark: Item number 34, Mr. Dawkins.
Commissioner Dawkins: The Manager, 34.
Mr. Cesar Odio (City Manager): Before we start, Commissioners, we were notified about three
weeks ago, and I'm sure you were too, that the funding of CDBG (Community Development
Block Grant) could go as low as 46 percent less than we have received in prior years, according
to what the Congress and the White House agreement will come to with the budget. If... The
proposal from the Congress right now is 46 percent less or six million dollars ($6,000,000) a
year in funding instead of the thirteen million seven hundred and nine thousand ($13,709,000).
So whatever we do here today is... will have to be subject to waiting to see what happens, I
believe, the 15th of March.
Mr. Elbert Waters: April.
Mr, Odio: April. April, We will know better. The funding cycle starts in June, right? July 1st.
149 February 29, 1996
IE
Mr. Waters: July, yeah.
Mr. Odio: July 1st. So this would be subject... This could very well change drastically after
April 15th.
Commissioner Carollo: Well, if it will, why should we deal with it now, I mean, if we're
looking at something that might change drastically?
Mayor Clark: That's what I say. You're just...
Mr. Odio: Because we have to submit the plan to HUD (Department of Housing and Urban
Development), and then they will have to come back to us and say, "No, the budget has been cut
back."
Mayor Clark: Well, there's no sense in...
Mr. Odio: So we have to be on time.
Mayor Clark: But Mr. Manager, there's no sense in trying to fool these people.
Mr. Odio: That's why I'm saying that up front, Commissioner - Mr. Mayor.
Mayor Clark: I think Mr. Carollo is perfectly on target when he says that why hear this today
when we don't know what we're going to receive?
Commissioner Dawkins: But...
Commissioner Plummer: Well, Mr.... No, timely, you have to submit the application.
Mr. Waters: We have to submit...
Mr. Odio: We "have" to submit the application.
Commissioner Dawkins: OK, fine, that's great. All of this is great. Here's a book called "City
of Miami Consolidated Plan." This is where we said what we were going to do over a ten-year
plan. OK? Number one. You are submitting the action plan from here, and you're calling it
your consolidated plan for 1996/97. It's nothing but an action plan from here. You are
presenting over here your citizen participation, which you did not do. Now, I did not receive any
of this in time to study, make a comparison, or nothing. All of this was presented to me Friday
afternoon.
Mayor Clark: Jesus.
Commissioner Dawkins: Now, my limited review indicates that the CDBG (Community
Development Block Grant), HOME (Home Development Partnership Program), HOPWA
(Housing Opportunities for People with AIDS) and Shelter (Emergency Shelter Grant) funds do
not appear to be distributed equally within the target areas. The CDBG does not contain input or
recommendations, as it should, from the advisory board. The one million two hundred and five -
one hundred and five thousand dollars of contingency and incentive reserve funds given to the
City's Administration does not name what the constituency is, contingency or incentive is. The
SHIP (State Housing Initiatives Partnership Program) funds, I don't know what you did with
them. But let me say to my fellow Commissioners, the citizen participation plan for Community
Development Block Grants, final authority rests with the elected City of Miami officials. The
final distribution of this money is with us. Now, and this was done... This consolidated plan is
150 February 29, 1996
supposed to increase citizen participation, reduce citizen isolation, and receive input from
residents regarding the block grant program projects and activities. All of these
recommendations should have been sent to the Citywide Advisory Board, passed on to the
newspaper and what have you, and comments, views of the citizens should have been received in
writing, and orally, at a public hearing, to be considered by the City of Miami - that is the City
Commission - and the final consolidated plan amended, and et cetera. This does not say that the
Manager nor the NET (Neighborhood Enhancement Team), nor anybody else has the right to
submit an amended form of what to do with this money to HUD (U.S. Department of Housing
and Urban Development). This says the City Commission - us - all right? The City of Miami
must amend and present a consolidated plan with two percent of anything in here. The City
participation plan will be made public and accessible to all interested people. None of you out
there have seen this, not a one of you. OK? Now, that's just this book. This book -
Mayor Clark: Oh, that's a tough one.
Commissioner Dawkins: - OK? - is where the Administration, without this Commission, is
submitting this book for the distribution of the funds that HUD made us responsible for. Now,
I'd like to ask my fellow Commissioners, have you heard anything from the Citizen Advisory
Board about what should be done with this money?
Mayor Clark: No, sir, I haven't.
Commissioner Plummer: No, not at this point.
Commissioner Dawkins: OK? But you're ready to vote, to pass it to Washington.
Commissioner Plummer: Well, Commissioner Dawkins, let me... Unless I'm completely
wrong, let me state for the record, every year, as I recall, as long as I've sat here, we submit a
plan. That plan - it has been absolutely understood - is not written into stone in any way, shape
or form, until we have public hearings in June. And as that time occurs, this Commission makes
the final decision. This that we do today is not for distribution, in any way, shape or form. This
is an application with sums filled in, and that will come back to us, if we're granted that amount
of money, to sit down and have the public hearings that we've had every year, and, in fact, we
then will decide how the distribution will occur.
Commissioner Dawkins: Having been in here with you for 18 years, that is wrong.
Commissioner Plummer: Not... Well...
Commissioner Dawkins: For 18 years, you and I have sat here. You were here before me.
Commissioner Plummer: Yep.
Commissioner Dawkins: And each year, at this time, the Administration brings us these books
and tells us, "If you do not pass this, we will lose the money," and I will repeat your canned
answer: "I will never be the one who stands in the way of the City of Miami losing this money.
Therefore, I may not agree with it, but I have to vote for it." Now, in this book right here that we
are sending to HUD, it has five columns: Project name, current allocations, requests, differ, City
staff and CD (Community Development) Board. HUD has told us, the City Commissioners, we
must have input from citizens.
Unidentified Speaker: Right.
Commissioner Dawkins: You have to have input from the citizens.
151 February 29, 1996
Commissioner Plummer: And we will.
Commissioner Dawkins: But yet, they say down here, "Since a quorum was not present at the
Citywide CD Advisory Board, the Advisory Board did not make a final recommendation."
That's not what HUD said. HUD said you "had" to have a hearing. Now, I received this, but
yet, I received this from the CD Board. Now, let me read off to you what the CD Board wanted
this Commission to react to and send to Washington. The first one on it is Action Community
Centers. It says, "The CD Board did not make a recommendation." According to them. The CD
Board made a recommendation of three hundred and seven thousand five hundred dollars
($307,500). But yet, they say here the Board did not make a recommendation. African -
American Studies Foundation, the CD Board here made no recommendation. CD Board made
none here. But over here, they recommended a hundred thousand dollars ($100,000). Nobody
on this Commission has seen these figures, although HUD says you have to see them. Let me go
to another one here for you. Allapattah Community Action Agency. The CD Board
recommended three hundred thousand dollars ($300,000). The City of Miami staff says it
recommended nothing, and the City staff is recommending two hundred seventy-seven thousand
nine hundred and fifty dollars ($277,950), although the people in the community say they think
they should get three hundred thousand dollars ($300,000). Now, Alternative Program, they told
them to go to LETF (Law Enforcement Trust Fund). The Board told them forty-seven thousand,
give them forty-two. Aspira of Florida...
Mayor Clark: Forty-two.
Commissioner Dawkins: Mm-hmm, forty-two. But the...
Mayor Clark: The request is twice that.
Commissioner Dawkins: The Board asked to give them forty-two, so they followed the Board's
recommendations. The Board recommended two hundred and forty-five thousand dollars
($245,000) for Tacolcy - no, Aid for the Useful Aged. City staff told them to go to LETF.
Belafonte/Tacolcy Sports...
Commissioner Plummer: No, no, no. Not on Useful Aged.
Commissioner Dawkins: OK. On Useful Aged, what do you got?
Commissioner Plummer: City staff recommended fifty-eight.
Commissioner Dawkins: OK, fifty -eighty (sic), Useful Aged. All right. So they are... The
group offered twenty-five. For Belafonte/Tacolcy Sports, the CD Board recommended two
hundred and forty-five thousand. What did the staff recommend? Two hundred and forty-five
thousand. But none of you can read off anything of the Board's recommendations. And I move
that this be tabled until the Board - the CD Board - comes before this Commission, as we have
been directed by HUD to do. And, yes, there is a difference of three hundred thousand dollars
($300,000) in what we have and what the Board recommended, but that three hundred thousand
dollar difference is to be divied up by these Commissioners. It is not to be divided up by the
Administration, because I will... I read to you again...
Mayor Clark: It says we're responsible.
Commissioner Dawkins: That's right. You're right, Mr. Mayor. Mr. Mayor said it. The money
is given to the City Commission. The City Commission is to direct the Manager how to legislate
it. Up here, we are allowing the tail to wag the dog. OK? Now, I would hope that you would
152 February 29, 1996
14.
kfCal) this 1q1 l 0ole You 'JIMl►pt (.i) swid it 1,o HOD, be"Lse right here is where the CD Beard
tlfui�c tc�llttit�l►�-nljatiilns> apt) ljJc Mltuager has... No, I'm going to take this back. The
AlfrliuistxuJhy Ims h i,n Ods hotf Baal The CM Hoard made no recommendations.
M1 �!�l>ut'l W;►lcps: jl' I play...
t:'uiittitj;i jiltti,l }Flwlcitl+: ►yim" let n)c Ro... You sec, I keep telling you, ,you just got here, but
you wapl to .ytcll T1111 fl-oul I11=ic 1lticl s►► i'tl) going 11) ilelll yon. 010
(;'iii)tllyj ►:,ii111e1 1,11q tllli;t'; t Icy, if hWs I;ttilig to clei'er it, let's MO push it. All right?
COO ��<iwl.itl:►: Son ;linty: you kmnv it 11t1, I'm Wing to help you. OK, now? It says
Iasi year ij�zC� lowl us, "1611 dill tuft foliow out' Oir"Aions," We almost last twenty-six million
('(ollitrs (`�'h,11111),,(littt;l, lint Otte Miuinistwlioti sari, "Don't worry, you got nothing to worry
�41i+ltt." QK? Now, lot iiw, tciO yocl , to you, Mv. Was -November the 14th, 1994, OK? "The
nylioml 01?Pt'SS is fife City shi? M monthly p ogress in creating new job programs." OK?
tlrtint .�cttllitti5til�tiiul •. This is f'tont MID, yr hr.te they vvroto us. "While not focused on this
it is otwdolts 01C. City is unciatst Nod in the area of project management. It is
rt�txliitrite•iyc ecl thm Ow, City pwOkle additional staff to work can the proper manademeat of the
tO o(tsmV, with plognam cu]Qs, timely cost, effecti-le implementation
%I( pmlovt ac•tiOies. Oke CXistiag, Position of Palo, supvrvi.sor has been vacant since last
�-'ebvw,, ry' allot is i:xp-ti .J, to be. fillccl bc..toiv Do:ewber N94. This position oversees the
pto "kess :ut�1 of \:,Vvi 70 COBO physical romp►ovement projects." This
was ill t994. 01s :' llt r:' \Nt+ o;, aw,,aw t7cis,l,,!r ! 8Ih, N95. It says, Finding" -theme are
thidines V. 11VA LOS -Mant AJ111inistiation smue one as last Year - eoncern number one -
tli it NN'as thi last tini" ' "We la uiat tilt Otti' 'has iIlajequate ,:taff rot' proper
idmiaistiation and konsIh? of :K, C.1(t!}`iam . Fer we gwNt Scveral the City has not
teplaced Q, start t11ail? is \\: ill` haw,C'�3�;21ti-�1 or Rea aaR.KecrCvi. This �ltuation was.
�'t+.'lla?i�t!ll.ttli fails � hi a Jv\�'il :,illy �`ell:trk:,J. . , :tfd :111w C:DBG positioal 'Ntre Qs4., and
thy, C)BG t('alt t�`ttil?:1 \S'ii� ji\'Cif 1�lUlill`iiai ':<�i �`CT.+ biiltl«. 'iT itr?CtY'TS:12�T the NET Propg
!4ti' CilY ,,v& "It' 2r ;as: ' C lr, "vhQfl "VC 'trer td to �:rlticai
`l'�+�,l:i',11 lI1:iSlil�yC:llc`l? �L fiL'ititeie�. `?lii cat<, tv ,ou .jaicctl {jv l?Il1Cf _ft LOth, 1994 sitated the
it tiom i'Vld it C`C on :lad oil. \ol> , b't?ii S1iairl '.Ilili LU rne< sir.
\11. ti�l:i:l':ti: �! i;+, 'ia- t tk.l �, S,,)U, 1C;Ji 1, _Vi �hv necurd, Elbert '`haters, DIr!✓cior ofCommunity
Dcvoilio1111`,mL :111J \ET. Thos,: lt;wt o,, C,aim,"Ls4.,cm:r Dil"vYi{inq -lit undisputed. :�iincc ray_
Shoo tit'tT? ng 'oa botud `il �l"vel:il.?4,f �`+tll, `«L �UI1C U "NasillfigtUn, ETC, and 14e ado ,L;i ol..
..�:?illlLiititi.i�>Ile-1 liiSbviS.tll:; 1, iielb'1,, UY�. `�11i11'+'l)+S.
i�C% 11.11i��::.,oiiet ' )ti44'ti 121z•. )!
`4'?Z'. 'matt i+: �iiCi '�:;C :ii�L' �,l f1c a iLtJ�} at2SJvtivlile, and have mm `xuh timer Staff, Zl essence:
41 u 3tiN.ii pt to resolvc OCR AS= alai ti icy l= +rt poziz(i. 'c ;i .'3t C inet 'vith >,,uI. City
ti ,lllii ;e-i, rl tllO:lc:i.~o X&,11i. tr111i 4 1 haw pfupt;si;" lu :,y aU addres:s. most:. :'..hortcomings: my
.:wper�?rt; '_�> 'C't%iC;l I1 C llc "CrultsiCfi, 'flu "t :lit :i1ttDC 'itt:liillcS :2 l't1CF ECl adequately
tddress the lJr'Ggi'ailll lllarla�,-;mca, :s:UrJ .dill: sAUD itas at-uUillatecl to as._ -gnu so i...
DUVOltla: biaw you ; wuu Uidi' IC `ivil rJ i.115 ._.`IT11i1l1.i1ClIl:
toruary 9, 1996
Mr. Waters: What? I made it known...
Commissioner Dawkins: What you just said.
Mr. Waters: Not to the Commission, but to the City Manager.
Commissioner Dawkins: Well, then, I just told... Well, who did I just tell you was responsible
for the funds?
Mr. Odio: If I may, Commissioner. Those employees that they so kindly are asking that we
have...
Commissioner Dawkins: Wait. I want you to make up my mind, now. Am I going to hear from
you or from him?
Mr. Odio: From both.
Commissioner Dawkins: No, I'm not.
Mr. Odio: Fine. Then...
Commissioner Dawkins: All right, you are the Manager. I'll listen to you.
Mr. Odio: OK.
Commissioner Dawkins: You are the Manager. Now, you answer.
Mr. Odio: If we do not receive the funding because the Federal government cuts us back, then
we have to... We are hiring all these people they are recommending, and then we have to lay
them off right away. We must wait until we know how many dollars we have, because those
positions are paid by CDBG funding. And instead of being so concerned - and I told this to the
secretary, and I told the assistant secretary - that instead of being so concerned about hiring more
people to shuffle paper, they should give us more money to give out to the community. We
don't need more staff. What we need is more money to put outside in the community.
Commissioner Dawkins: But this...
Mr. Odio: And I don't believe in hiring more people.
Commissioner Dawkins: This is '94. You haven't found...
Mr. Odio: But we took care...
Commissioner Dawkins: You haven't found nobody in '94? This is in '95. You haven't found
no room to hire nobody in '95...
Mr. Odio: We have our eyes on people.
Commissioner Dawkins: ... because you didn't know how the money was going to be adjusted?
Mr. Odio: We will not... I don't believe in hiring more people.
Commissioner Dawkins: OK. All right.
154 February 29, 1996
Mr. Odio: I think that that's a waste of money, that we should allocate the monies out to the
community. I believe also...
Commissioner Dawkins: OK.
Mr. Odio: ... that we complied with all their requirements, to the point that they did come down
here and gave us a big check.
Commissioner Dawkins: OK. To you, Mr. Manager, number 11...
Mr. Odio: Boy, I almost made him choke. That's a progress.
Commissioner Dawkins: Under 11, under economic development and commercial
rehabilitation, it says, "Commercial Code Enforcement, NET."
Mr. Odio: That's to pay for the inspectors.
Commissioner Dawkins: Beg pardon?
Mr. Odio: To comply with the inspectors to the NET inspection program, right?
Commissioner Dawkins: OK. Let me ask... Then how many...
Mr. Odio: I'm sorry, I'm sorry. I...
Commissioner Dawkins: Now, CDBG funding should be spent in...
Mr. Odio: Well, you are reading the wrong page.
Commissioner Dawkins: See, I keep telling you, you better sit down, man.
Mr. Waters: Excuse me.
Mr. Odio: I'm reading the wrong page.
Commissioner Dawkins: OK.
Mr. Odio: That's community Code compliance.
Commissioner Dawkins: OK. All right. How many target areas do we have?
Mr. Odio: Eight.
Commissioner Dawkins: How many NET offices do you have?
Mr. Odio: Thirteen.
Commissioner Dawkins: If CDBG funding is supposed to be used in the target area, and you are
funding 13 NET offices with CDBG funding, that means five NET offices are receiving CDBG
funding which should not be receiving CDBG funding, that it should be going to the eight target
areas.
Mr. Odio: They have been used in the target areas, Commissioner, only.
155 February 29, 1996
Commissioner Dawkins: Beg pardon?
Mr. Odio: They have been used...
Commissioner Dawkins: Wait a minute. No, no, no, now. Wait, Mr. Manager. Wait, now.
You got 13 NET offices in 13 NET districts.
Mr. Odio: And we're using inspectors in the target areas.
Commissioner Dawkins: And we got eight target areas that we apply for CDBG funding in
which to spend in eight target areas.
Mr. Odio: And we are using them in the target areas.
Commissioner Dawkins: All right. Well, how do you pay...
Mr. Odio: The inspectors are funded...
Commissioner Dawkins: How do you pay for the money for the other five NET offices?
Mr. Odio: From the other funds that we have, which it doesn't come from the CDBG.
Commissioner Dawkins: But you said when you started the NET offices - which is nothing new,
because you say things and don't mean them all the time - that you would not use one City dollar
for a NET office. Those were your exact words.
Mr. Odio: No. No, sir. I said I would not add...
Commissioner Dawkins: No, no, no.
Mr. Odio: Excuse me, Commissioner. You are asking me. You want the answer?
Commissioner Dawkins: No, I'm telling you. I don't want no answer from you. I'm telling
you. You always don't remember what you don't want to remember. I don't have a problem
with that.
Mr. Odio: I said that we would not add cost to the City government.
Commissioner Dawkins: I don't have a problem with that, OK? But Mr....
Mr. Odio: I did not add cost to the City government.
Mayor Clark: If you're going to table this thing, let's table it and have a special meeting one
day.
Commissioner Dawkins: That's right, that's all. Mr. Mayor, I move that this be tabled until we
can get it in order, because Mr. Waters is not the only one who knows the way to Washington,
D.C. and into the HUD offices. I walk in there just like he does, and I would like to have a clean
sheet that says to them, "This is what the citizens recommended to the City of Miami
Commission, and this is what the City of Miami Commission worked out, and this is what we are
asking you to accept."
Mayor Clark: Good idea.
156 February 29, 1996
Commissioner Dawkins: That's what I'd like to do.
Mr. Odio: Mr. Mayor, may I? I think I need to place this on the record.
Mayor Clark: All right, place it.
Mr. Odio: The planning process for this plan that was presented to Washington began in
September of 1995 and ended in December of '95. The City of Miami held two community
meetings in each of the CD target areas, and six meetings with the Citywide Advisory Board, a
total of 22 meetings with the community to discuss HUD programs. HUD regulations required
only one meeting with the community, and we had 20... more than 22. The Board called for an
extra meeting to discuss individual proposals made by each member of the board. At that extra
meeting the Board - CD Board - could not vote on these individual proposals, since there was no
quorum. There were less than ten members present. But the board members, each of them
recommended individually certain projects, with a proposed allocation. These recommendations
made by board members individually totalled about three million dollars over the grand
allocation for next year. The board called an extra meeting to balance those individual
recommendations, and to reach consensus on project recommendations. They never could vote
as an advisory Board, and were unable to balance their own individual proposals. For those
reasons, individual proposals made by members of the board could not be listed, and were note
listed in the action plan as board recommendations. They simply could not come up with one,
because they could not agree.
Commissioner Dawkins: Mr. Manager...
Mr. Odio: The Commission needs to authorize the Manager to submit the application. And I'm
agreeing with... I'm not disagreeing with you, Commissioner Dawkins. It's your decision to
submit the figures that you want to allocate. It's not the City Administration. All we have done
is the leg work for you. And you have always changed them here at the floor. And I've been
here 17 years through this process, and I... I thought that the CD (Community Development)
Department before would submit their proposals and the CD (Community Development) Board
would recommend, and you, Commissioners, would decide what monies to allocate or not to
allocate. So it is your decision to make, and we agree on that.
Commissioner Dawkins: Well, that's all, we agree. See but...
Mr. Odio: But the problem is that we have to submit an application...
Commissioner Dawkins: But that board, you told... you said they could not have a quorum.
Then this Commission should have been told, and it's a fiduciary responsibility of this
Commission to make - not to make an effort - to go get this CD Board, and have a meeting, and
work out the differences. That's our fiduciary responsibility.
Commissioner Plummer: I have a question, Mr. Manager.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Yes. I'm finished, Mr. Mayor.
Commissioner Plummer: We're looking at up to, as you said, a decrease of 46 percent. OK.
Now, what bothers me is that people have seen this sheet. Tell me, first of all, that which is
proposed in this form of allocation is without any cuts, correct?
Mr. Odio: That's correct. It's based on the thirteen million - thirteen point seven million. But...
And I talked to...
157 February 29, 1996
Commissioner Plummer: Wait, wait, wait.
Mr. Odio: Let me just add this. When Bert Waters came to me and told me about the possible
cuts, and I had received also a call from Senior Advisor to Cisneros, Winn, that it looked like
they were going to be cut, then I asked them, why should we send this application with the total
amount, and are we not telling the CBOs and the... All the people that expect these monies, are
we not misleading them? And that's why...
Commissioner Plummer: That's the point I'm trying to get to.
Mr. Odio: That's why I started the meeting... this by saying what could happen here.
Commissioner Plummer: All right. Have you...
Mr. Odio: And I don't know...
Commissioner Plummer: Have you put all of the so-called recipients, as of today, on notice that
it could be up to a 46 percent cut from what's here today?
Mr. Odio: They were not told. They were told...
Commissioner Plummer: Why not?
Mr. Odio: We only learned about...
Commissioner Plummer: Shouldn't they know the truth?
Mr. Odio: Commissioner, we only learned about this last week.
Commissioner Dawkins: Mr. Manager, let me... I mean, let me see if I can help. As the
Manager said, this is nothing new, OK? Like I said, Mr. Waters just got there. OK? But the
Manager can tell you, I have been to Washington at his request, and without his request. I have
met with HUD. I come back to the Manager. I said, "Mr. Manager, they said we're going to be
cut by 15 percent. We have to adjust." I come back, I say, "Mr. Manager, they say we're going
to be cut by 25 percent." The last time I went to Washington, they said, "We don't know. With
the budget impact, all we know is they're going to continue... have continuous..." What do they
call them?
Mayor Clark: Resolutions.
Commissioner Dawkins: ... continuing resolutions."
Mr. Waters: Continuing resolutions.
Mr. Odio: Continuing resolutions.
Commissioner Dawkins: They're going to continue...
Mr. Odio: To keep the government going.
Commissioner Dawkins: OK. And we do not know anything. And at that time, the Manager
said, "We don't know what to do." My only concern is that this Commission here has not been
told. I'm the only one who knows that.
158 February 29, 1996
Commissioner Plummer: Well, it's an easy thing...
Commissioner Dawkins: And I can't tell you guys, J.L., because it's a violation of the Sunshine
Law.
Commissioner Plummer: Well, let me tell you how I think it's easy, OK? - which we've always
done in the past. We submit an application for this amount. The proviso says, in that same
resolution, that no monies are to be disbursed until such time as this Commission has had a
public hearing. And at that time, this Commission will make the decision as to the distribution.
It's simple.
Commissioner Dawkins: And we'll have an all -day workshop if necessary...
Mayor Clark: Yeah, that's all right.
Commissioner Plummer: Oh, I guarantee you, it will be all day.
Commissioner Dawkins: ... so that everybody can be heard.
Commissioner Plummer: Especially if cuts are made. Because, let me tell you, if you get...
Commissioner Dawkins: Well, cuts are going to be made, J.L.
Commissioner Plummer: ... if you get a 15 percent cut - not a 46 - many of these organizations
will "have" to go out of business. They're on that marginal operation. And that's when this
Commission is going to have to sit back and say which of them go out of business, to try to
survive the ones that we want, which, as you know - and I have stated time and time again - that
for this vote, it will be feed the poor, feed the hungry, take care of the sick, and if there's
anything left over, we'll talk about it. So all I'm saying to you - saying to anybody - it's a
simple thing, as far as I'm concerned. Put your application in. But the one thing, Mr. Dawkins,
that I think, in all fairness, that each one of them have got to be notified tomorrow that the
potential liability, as we know it, is a 46 percent cut, if that's the number. Now, I'm not attesting
to that.
Commissioner Dawkins: But all we have to do is decide that we're going to have a workshop
one Saturday afternoon when we know people don't have to work, pick a location, and if we
have to have one in each neighborhood or what have you.
Commissioner Plummer: It's always been here.
Commissioner Dawkins: And like you said, tell it to the people, J.L. Let them ask questions. I
don't care how foolish the question may seem, it's important to them. And unless we answer it
for them, they don't know what we're talking about.
Commissioner Carollo: Well, you know, Miller, I think you hit the nail on the head on this one.
I sometimes wonder if some of the bureaucrats that we have that are making all these decisions,
if they ever get out there to the neighborhoods, to really see where the neighborhoods are, and
what programs are being done, and what activities are going on. And I think this is part of the
problem. So what you're suggesting, maybe having a meeting specifically in each area might be
the way to go. You know, I, unfortunately, see people from staff, they're looking at you and
some of us, and the eyes are rolling, and smirks and so on. But the truth of the matter is that the
people that end up, you know, getting all the blame are the five of us sitting up here. And we're
the ones that are going to have to be responsible for the good or the bad that will be done with
159 February 29, 1996
those funds. And we have a responsibility to all the residents of Miami to make sure that the
decisions that we make are the best ones. And none of us here are perfect. And the only way
that we can make the best decision is by going out there, giving each community the ample time,
being fair and respectful to you; not bringing you up here in the midst of a regular Commission
meeting, that everybody is in a rush, in a hurry, you don't know what time your item is coming
up, and then, bam, bam, we want to get you out of here in half an hour. We should go into each
of the neighborhoods so that you know that if we're going to start a meeting at such a time, this
is what we're going to be hearing, and that we are going to give you the respect and courtesy that
you so deserve, so we can make the best possible decision.
Mr. Waters: Mr. Commissioner, we always...
Mayor Clark: Let's get this... Joe, let's get this in chronological order. First of all, what do we
do? Submit the application and then wait to hear how much we're going to get?
Mr. Odio: Yes, sir.
Mayor Clark: But tomorrow, you notify every organization that's involved in this program of
the possible reduction.
Mr. Odio: Correct, sir.
Mayor Clark: That's the first thing we do here.
Mr. Odio: Yes, sir.
Mayor Clark: Then the first Saturday... I don't mind meeting this coming Saturday - not day
after tomorrow, but next week...
Commissioner Dawkins: OK. Mr. Manager... Sorry. Go ahead, Mr. Mayor. After you.
Mayor Clark: We'll have a meeting, first of all, to get this board, a majority of this board, so
they can act on something.
Commissioner Dawkins: Mm-hmm.
Mayor Clark: They haven't shown up. And it shows right here that the Advisory Board did not
make a final recommendation because they didn't have a quorum.
Commissioner Dawkins: Mm-hmm.
Mayor Clark: That looks bad to start with.
Commissioner Dawkins: Mm-hmm.
Mr. Odio: Those are the ones you get to... appoint people there that will show up to meetings.
Commissioner Dawkins: OK. But Mr. McKnight, will you come to the mike? May I take this
special privilege, point of special privilege, Mr. Mayor? I want to say to the community at large,
and all of you in here, Bert Waters is putting forth a yeoman's effort - because he's just been put
in the job - to learn what is to be done. But the man has a family. He has other obligations. It's
just so much he can absorb. But we, all of us - him, me and anybody else - we will continue to
go to Washington. We will continue to go to Jacksonville. We will invite the bureaucrats down
here, Mr. Manager, to meet with us. Whatever it takes to make sure that Mr. Waters is on top of
this for us, that will be done.
160 February 29, 1996
Mr. Odio: By the way, Commissioner Dawkins, I was notified last Friday that they are going to
bring forth the HUD Office in Miami and take it away from Jacksonville. They are looking to
appoint some people down here so we can deal directly with the HUD Office Miami.
Commissioner Dawkins: Mr. McKnight.
Mr. Irby McKnight: Yes, sir.
Commissioner Dawkins: Would you say, having been on the CD Board - and I'm asking you for
a personal opinion only - would you say that citizen participation by the Board may be the result
of the Board having worked hard, year, after year, after year, bringing their recommendations
here to this Commission...
Mayor Clark: That's right.
Commissioner Dawkins: ... and this Commission ignore them, that that could perhaps be the
reason why there is no great desire to participate?
Mr. McKnight: That is one of the reasons, sir. Two years ago, board members threw down the
proposals that we received right here, in protest that all our work as volunteers went unheard.
But I'm on the Board now nine years, and the chairperson for three years. And during the time
that I have been there, the board members have always argued the point that the City
departments is getting the funds, and we were under the impression that the funds went to the
neighborhoods to improve the life... the condition of life for the poor people. So when we did
not get a quorum, board members had called to say they would not attend the meeting because
they were not going to come to vote to give CD monies to the City to hire inspectors, when they
should be using the general revenue funds to do that. Mr. Mariano Cruz...
Mr. Mariano Cruz: Right here.
Mr. McKnight... he is one board member from Allapattah who has echoed that sentiment every
year since he's been on the Board. There are other board members here. Mr. Fernandez, I saw
him when I arrived earlier. And all of the board members, - there are some - they all say the
same thing. They did not want us to have a quorum because they are saying that we were merely
just rubbing stamping, that these monies not go to help poor communities and poor people, but
go to the bureaucrats for salaries. So I knew... I showed up for the meeting on time, but I knew
we would not have a quorum, and we didn't get one. And those are some of the reasons why
that occurred. I am in agreement that we could meet, there could be neighborhood meetings with
the Board. There are boards in every target area where the people come in the beginning to.
Then at our level, we basically get the program people - not neighborhood people - but we get
executive directors saying, "I want two hundred and fifty thousand dollars ($250,000)." But we
don't get Joe Blow from the corner to say, "I need this done, and who is doing it, who are you
funding to do it?" And that's where we need to focus some energy.
Commissioner Dawkins: Thank you, sir.
Commissioner Plummer: Can I ask a question?
Mayor Clark: Yes, sir.
Commissioner Plummer: Mr. Manager, Commissioner Carollo a meeting or two ago made a
proposal which passed unanimously at this Commission that in this upcoming year and
thereafter, that all CBOs, staff and board members, had to live and reside in the community they
represented. Hello?
161 February 29, 1996
Mr. Carlos Smith (Assistant City Manager): Yes, he did.
Commissioner Plummer: Well, what has happened with that?
Commissioner Carollo: Well, I think we gave a little leeway on that, J.L. I think we said 90
percent had to live within the boundaries.
Commissioner Plummer: OK. Well... OK, I'll accept that. But I'm wondering, this is the time
that, if you're going to enforce that, before they get their money is the time to say, whew, whew,
hello there. OK?
Commissioner Carollo: See but...
Mayor Clark: You're right.
Commissioner Carollo: But, J.L., see, you've made my point. Here, this is made in a former
resolution, passed unanimously by this Commission, and I'll bet you right now that the
Administration hasn't done anything to inform the boards.
Unidentified Speaker: No, they have not.
Commissioner Carollo: What have we done? Have we informed all the boards of the City of the
resolution?
Commissioner Plummer: Well, I'll tell you, when they come up here before us, they better be
aware that that is now the policy of this Commission.
Commissioner Carollo: And this is my...
Commissioner Plummer: And if they can't demonstrate it...
Mayor Clark: my complaint, that, you know, we're having management by crisis.
Commissioner Plummer: If they can't demonstrate it, they're not in my... They're not going to
get my vote.
Mr. Smith: We have not advised them yet, Commissioner. Correct.
Commissioner Carollo: You have not.
Mr. Smith: We have not.
Commissioner Carollo: Well, do you think that after some 30 plus days have gone by that it
shouldn't be time for us to advise them? Because you know the problems that that's going to
cause this Commission if we don't do it ahead of time.
Commissioner Dawkins: Should... Go right head. I'm sorry. Go right ahead, sir.
Vice Mayor Gort: Let me ask a question, Joe. Because I've served on a lot of boards outside,
and I know of a lot of boards where they've got some real good people working on them that
don't live within the area. Take, for example, Centro Mater. Centro Mater is a board that serves
a lot of the needs...
162 February 29, 1996
Commissioner Plummer: They're not a CBO.
Vice Mayor Gort: They're not a CBO?
Commissioner Plummer: No.
Commissioner Carollo: Yeah, but we left room in there just for that, Willy. We left room in the
motion that this Commission approved.
Vice Mayor Gort: What was the motion at that time? Ninety percent?
Commissioner Carollo: The resolution was that at least 85 percent, if I remember, had to live
within the - or 80 percent - within the area. And I'm going from memory. I don't know if we
said 80 or 85 percent. But up to 90 percent had to live within the City of Miami. So we had a
leeway on how many could live outside of the City and how many could live outside of the
neighborhood, but that the vast majority had to live within the neighborhood.
Commissioner Plummer: That's right.
Vice Mayor Gort: Are these all the organizations that receive funding from HUD? They're all
considered CBOs.
Commissioner Plummer: Well, basically, you... it's impossible because Centro Mater, using that
as the example...
Vice Mayor Gort: Right.
Commissioner Plummer: ... serves the entire City. Now, what is their district? Their district is
the total City. But I'm thinking more of the... You have the Wynwood, you have Little
Havana...
Vice Mayor Gort: Right.
Commissioner Plummer: ... you have Little Haiti. Those are the...
Mr. Smith: If I recall correctly, Commissioner, I believe it applied to CBOs, not to the social
service agencies, I think.
Commissioner Plummer: To CBOs, yeah, that's...
Vice Mayor Gort: OK.
Commissioner Plummer: What do you call them?
Vice Mayor Gort: Community Based Organizations.
Commissioner Plummer: I under... No, no, I know that. But I'm saying is that you have -
what? - eight of them?
Mr. Waters: Eight CD (Community Development) targeted areas but...
Commissioner Plummer: Target areas, that's the word I want.
Mr. Waters: Yes.
163 February 29, 1996
Commissioner Plummer: OK. OK.
Mayor Clark: All right. Now, we've bounced around this thing like a rubber ball in the middle
of a tennis court. What's the decision of the Commission? Do we table this, Mr. Dawkins?
Commissioner Plummer: You've got... Excuse me. And I'll wait for him to get off the phone.
But I mean, we've got to make... We've got to go forward with the application, but with a
motion that says that no monies will be disbursed until such time as this Commission has had
public hearings, and this Commission will make the final decisions.
Mayor Clark: That's fair enough.
Commissioner Plummer: The only thing, Mr. Mayor, that I want to say to my colleague, it's
nice to think about having meetings out in the general area, the convenience of the people. But
let me tell you, unfortunately, what history has taught me. History has said, when you go out,
you're playing one neighborhood against the other; whereas, if you have all people at the same
time, and you've got to face each and all of them together, you come up with the fact that
everybody is treated equally. Now, I'll tell you, if you want to go to the neighborhoods, I'll go
with you. I've had many, many a town hall meetings in the neighborhoods.
Commissioner Carollo: Well, maybe we could do both, J.L. Maybe we could go to the
neighborhoods, and then before we make our final determination, have one big grand rally here.
Commissioner Plummer: That's fine. That's fine.
(APPLAUSE)
Commissioner Dawkins: OK. I'll say two things and then I'll close. I do not believe, Mr.
Waters, that HUD will accept a plan from us that says thirteen point six million dollars ($13.6
million)...
Mr. Waters: Thirteen point seven, Commissioner.
Commissioner Dawkins: ... thirteen point seven-o-nine, without us spelling out where it's going
to be put. So, now, I just... I heard you or the Manager say let's submit this and work... It won't
work like that. You have to... When we send up that we accept the thirteen point whatever it is,
we have to say what we're going to do with it.
Commissioner Plummer: But there's nothing to preclude you from changing after the public
hearing.
Vice Mayor Gort: From changing, exactly.
Commissioner Dawkins: Huh?
Commissioner Plummer: There's nothing to preclude you changing... making line item changes
after the public hearing.
Commissioner Dawkins: If HUD... OK. You all go ahead. I mean, go right ahead.
Commissioner Plummer: Am I right or wrong?
Commissioner Dawkins: That's why we are in trouble now. I'm trying to tell you HUD will not
accept that. And you got people over there telling you it will, and they're lying.
164 February 29, 1996
Commissioner Plummer: Well, come on, tell me, am I lying? Can you not make line item
changes after the public hearing?
Mr. Smith: Yes, you can.
Mr. Waters: Yes.
Commissioner Plummer: We've always done it. I don't know why we can't do it now.
Mr. Smith: Yes, we can.
Commissioner Dawkins: Line... After... You sent the HUD... Say that you sent up and said,
"We're going to do this with the money," and then you send a line item change.
Commissioner Plummer: Oh, absolutely.
Commissioner Dawkins: You did not send a line...
Commissioner Plummer: We've done it every year, Commissioner.
Commissioner Dawkins: That's why we don't have any money in the areas where we want it.
Commissioner Plummer: No.
Commissioner Dawkins: Because you put it down to Washington, and then when you get ready,
when they need the money, you make a line item change, and it's gone.
Commissioner Plummer: Commissioner...
(APPLAUSE)
Commissioner Dawkins: Come on, I mean I'm here. You're the one bringing... Hey, I'm with
you. You're right. You make a... And ever since I've been here, you've been line item and line
item and line item...
Commissioner Plummer: No.
Commissioner Dawkins: ... and when it gets to the people who need it, it's just not there.
(APPLAUSE)
Mayor Clark: Yeah, yeah, yeah.
Commissioner Plummer: All of the line item changes, Commissioner, you and I both have voted
on yes or no.
Commissioner Dawkins: I voted no, because I knew what you were doing. You voted yes.
Commissioner Plummer: Ha ha ha.
(APPLAUSE)
Commissioner Dawkins: All right, one more thing. One more thing, and I'll be finished with
this.
165 February 29, 1996
Commissioner Plummer: The majority voted for it.
Commissioner Dawkins: I request... Mr. Mayor and fellow Commissioners, I have the same
problems with Miami Capital, and I want Miami Capital scheduled at the next meeting for a
special hearing, because when I finish with them, I'm going to Tallahassee - Jacksonville with
them to show that they are not fair with the money. And that is my opinion.
Commissioner Plummer: What do you want to do today? Commissioner Dawkins, what do you
want to do today?
Mr. Waters: Mr. Mayor...
Commissioner Dawkins: I want... I want us... Well, let's hear from the Administrator.
Mr. Waters: I'm sorry. Just for clarification, so the staff can give you a recommendation. There
are four programs. Community development...
Commissioner Dawkins: Wait a minute. See, that's the problem. I don't want a recommenda...
I want you to understand, HUD says for me to recommend to you.
Mr. Waters: I understand. All we're... All we're recommending that you pass...
Commissioner Dawkins: No. All you're going to "suggest."
Mr. Waters: Suggest, sir.
Commissioner Dawkins: Go right ahead now.
Mr. Waters: We have four programs: Community Development Block Grant, thirteen point
seven-o-nine; Home Investment Partnership, which is our Home program, four million thirty-
eight thousand; Emergency Shelter Grant, which is four hundred and ninety-four thousand; and
our Housing Opportunities for Persons with AIDS, HOPWA...
Commissioner Dawkins: Mr. Waters.
Mr. Waters: ... eight million...
Commissioner Dawkins: Mr. Waters.
Mr. Waters: ... three hundred thousand...
Commissioner Dawkins: Do you know what this is, Mr. Waters?
Mr. Waters: Sir, I can't see that from there.
Commissioner Dawkins: OK. All right. Let me read it. This says Housing Development
Coordinator, NET Housing Division, SHIP (State Home Investment Partnership Program)
Program.
Commissioner Plummer: Has this been approved by the Manager?
Commissioner Dawkins: Now, how many Commissioners up here know what the SHIP
Program... This is the SHIP Program. How many of you up here know what this is?
166 February 29, 1996
Mr. Waters: That's...
Commissioner Dawkins: So you're standing up there telling... I keep telling you that until we,
this Commission, understands what's in here, we can't vote for this, Mr. Waters.
Mr. Waters: Would you read that to me? Because that's SHIP and that's State.
Commissioner Dawkins: That is. That is SHIP. And you got SHIP all through here.
Mr. Waters: State of Florida. I said...
Commissioner Dawkins: SHIP is... OK. Wait one minute. And, you know, I don't know why
you make me do this to you, but OK, no problem. Hold on. Hold on.
Commissioner Plummer: Commissioner, again...
Commissioner Dawkins: Wait a minute, wait a minute.
Commissioner Plummer: ... what do you want to do today?
Commissioner Dawkins: Wait a minute, sir. Wait a minute.
Mayor Clark: He's trying to tell you.
Commissioner Dawkins: See? Fiscal year '95, '96, '97, '98.
Mr. Manuel Gonzalez-Goenaga: May I enlighten the Commission?
Commissioner Plummer: Oh, no.
Commissioner Dawkins: Listen to me, sir. Listen to me, sir. The City of Miami, Florida is
committed to addressing the issue of affordable housing by actively seeking various strategies
for meeting the home ownership housing needs of very low and moderate income persons. One
such strategy is the State Housing Initiatives Partnership Program, herein referred to as SHIP.
SHIP was created through the William E. Sadowsky Affordable Housing Act, and it says here
the City of Miami will work with the local Housing Authority to spend the SHIP funds.
Mr. Waters: That's State, Commissioner.
Commissioner Dawkins: It's State... I just told you this was the State of Florida.
Mr. Waters: What we're...
Commissioner Dawkins: The City of Miami is working with the State of Florida with the SHIP
money.
Mr. Waters: Yes.
Commissioner Dawkins: That's all.
Mr. Waters: Yes. OK.
Commissioner Dawkins: That's all. I mean, I keep telling you, if you stick with me, we'll make
it.
167 February 29, 1996
Commissioner Plummer: Again, Commissioner, what do you want to do today?
Commissioner Dawkins: I think, fellow Commissioners...
Commissioner Plummer: Hello?
Commissioner Dawkins: Fellow Commissioners, I think that we should designate anybody up
here to get with Mr. Waters to call HUD and see what puts us on the right... You see... You see,
that's why we have trouble, see? When one Commissioner up here is talking, you guys have a
side meeting. OK? And then when we get hung up, you say, "I told you, I'm not listening."
Now, if you guys don't want to listen, go outside. Because you get paid to sit over there and
listen. OK? I think that this Commission should direct Mr. Waters with somebody from this
Commission...
Mayor Clark: You.
Commissioner Dawkins: ... to...
Mayor Clark: You.
Commissioner Dawkins: ... to call HUD.
Vice Mayor Gort: You got it.
Commissioner Dawkins: OK? And find out from HUD, fellow Commissioners, what we can do
at this stage?
Mayor Clark: I think that's a good idea.
Commissioner Dawkins: And then, in the meantime, we will follow Commissioner Carollo's
and the rest of our recommendations that we meet with neighborhood... And I would like for the
Advisory Board to meet with each one of these neighbors' groups, and then we come back here
in this chamber and have a meeting, saying how much money we've got, and this is what will be
done with it. And if there is a cut, J.L., I will have figures of what they expect the cuts to be, and
we will explain that.
Mayor Clark: See, we're dealing with an unknown right now. That's the problem.
Commissioner Dawkins: That's right. We could say... J.L., we could put five columns. If we
get a 20 percent cut, this is what you will get. If there's a 30 percent cut, this is what you will
get.
Commissioner Plummer: Well, you can't do that, and let me tell you why.
Commissioner Dawkins: Why?
Commissioner Plummer: The simple reason is that some areas, as I said before, if you give them
a 20 percent cut, they're out of business.
Mayor Clark: Well, that's...
Commissioner Plummer: And so to keep them in business, just to try to keep it alive, won't
work. And if there are severe cuts... and I would say anything over ten percent is severe and is
168 February 29, 1996
marginal. And I think that if, in fact, those cuts do total more - let's say 15 percent - I think that
we can't say each one across the board is 20 percent cut, or 22 percent, because there's a lot of
them that are going to be out of business.
Commissioner Dawkins: Yeah... OK. But there again, just like we did this morning, there was
a group here that needed money for food. But you missed the boat, so I missed it with you,
because you usually do this, and I thought you were going to do it. You did not ask if any of this
money is going to be for salaries. See, because we usually say that we give money for food, J.L.,
but not for salary.
Commissioner Plummer: They said it was for food.
Commissioner Dawkins: Mm-hmm. OK. But... So there are going to be other groups who are
coming before us, and if... Unless you're going to have a contingency, there's going to be no
money for... for the ten thousand dollars.
Commissioner Plummer: If we get 46 percent cuts, there are going to be a lot of hungry people
in this town. OK? We got to call it like it is.
Commissioner Dawkins: Well, all of you Republicans, like you, who voted for the contract
against America...
Commissioner Plummer: Not me, not me.
Commissioner Dawkins:... you should suffer.
Commissioner Plummer: Uh-uh. No. Mr. Mayor, I will go along with my colleague with the
two provisos. Number one, that tomorrow, each one of the potential awardees be put on notice
as to what we know; number two, that that policy, set by this Commission, through the urging of
Commissioner Carollo, in reference to the target areas and the CBOs, relating to residency of
staff and board members, be put into writing and sent, that if they are not in compliance, they
will not receive funds, period. Is that fair?
Commissioner Dawkins: OK. Fair, mm-hmm.
Commissioner Carollo: That's right. Now...
Commissioner Plummer: As long as they put... The one thing I'm trying to do is, that somebody
doesn't come back here in a month from today and say, "Hey, I didn't know." OK? I want them
to be put on notice, and I hope to God you send this certified mail with a return receipt
requested, so they can't say they didn't get notified.
Mr. Waters: OK. Mr....
Commissioner Dawkins: OK. All right.
Mayor Clark: In addition to that...
Commissioner Dawkins: Go right ahead, Mr. Mayor.
Commissioner Plummer: Huh?
Mayor Clark: In addition to that, Mr. Dawkins, along with Mr. Waters, has that obligation.
169 February 29, 1996
Commissioner Dawkins: And I will bring a staff member... Mr. Waters, with your permission, I
will bring a staff member with me, who will lose his job if he doesn't meet with you every time
I'm not there.
Mayor Clark: All right.
Commissioner Carollo: I'll make a motion that we assign Commissioner Dawkins to do that.
Mayor Clark: It's going to be in the motion. We're going to do it right now.
Commissioner Carollo: OK. It's going to be combined. That's fine.
Mayor Clark: All right.
Mr. Waters: So if I understand you correctly, Mr. Mayor and fellow Commissioners, what...
What is being proffered is recommending that the application with the four formula programs be
submitted to HUD. The dollar amount, and the specific allocations that we're talking about in
terms of distribution, we will be working on that starting tomorrow.
Commissioner Dawkins: No, no. What we're saying is, you will wait till you and I get in touch
with Washington.
Mayor Clark: That's right.
Commissioner Dawkins: And when Washington tells us what we can do, that's what we will do.
Now, that's what we are saying. I don't care... We don't care what you are saying. I'm telling
you what we're saying. OK?
Commissioner Plummer: All right. Let's move on.
A. Quinn Jones, III, Esq. (City Attorney): In other words, you are deferring 34 and 35.
Mayor Clark: That's right.
Commissioner Dawkins: Right, that's right. Thank you.
Mr. Jones: OK.
Commissioner Plummer: We're not under... Question. When is the final date of submission of
that application?
Mr. Waters: April 15th.
Commissioner Plummer: OK.
Mr. Waters: But... No. There's a period in there in which there is the public hearing process
that we're talking about, are working on right now, so that it has to give us time enough to get all
of those allocations in sync with those recommendations. And then once they have been
approved by this Commission, it is submitted to HUD Washington by April 15th.
Mayor Clark: All right.
Commissioner Dawkins: Mr....
170 February 29, 1996
1
Mr. Waters: We need it. We need to submit the application.
Commissioner Dawkins: If you and I have to fly up April 12th, we will hand deliver it. OK?
Don't tell me... We can call a special meeting, they OK it on the loth, and you and I catch a
plane on the 11th. Even if we get snowed in, we'll be there on the 15th.
Commissioner Plummer: In April? What? Are you going by way of Switzerland?
Mayor Clark: All right.
Commissioner Dawkins: All right. Go right ahead, Mr. Mayor.
Mayor Clark: There's a motion...
(LAUGHTER)
Mayor Clark: Please. Mr. Clerk, there's a motion on the floor. Have you got all the motion?
Mr. Walter Foeman (City Clerk): Yes, Mr. Mayor.
Mayor Clark: All right. Moved by Mr. Plummer. Seconded by Mr....
Vice Mayor Gort: The motion is to defer.
Mayor Clark: What?
Vice Mayor Gort: The motion is to defer.
Mayor Clark: No, no. That motion to defer...
Mr. Jones: No. There were two specific motions that Commissioner Dawkins made, and I think
Commissioner Plummer also incorporated...
Commissioner Plummer: A friendly amendment.
Mr. Jones: ... a friendly amendment. So that's what you're...
Mayor Clark: And also, the appointment of Mr. Dawkins to represent the Commission with this
situation. All right. You got them all?
Mr. Foeman: Yes, sir.
Mayor Clark: Moved by Mr. Plummer, seconded by Mr. Gort. Call the roll.
171 February 29, 1996
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-117
A MOTION APPOINTING COMMISSIONER DAWKINS AS THE CITY
COMMISSION'S REPRESENTATIVE IN CONNECTION WITH COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ISSUES; FURTHER,
DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF
COMMUNITY DEVELOPMENT/NET TO MEET WITH COMMISSIONER
DAWKINS ON CDBG MATTERS FOR THE PURPOSE OF CALLING THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) AND
FINDING OUT WHAT THE CITY CAN DO IN CONNECTION WITH THE
PROPOSED CONSOLIDATION PLAN ISSUE AT THIS STAGE; FURTHER
DIRECTING THE ADMINISTRATION TO NOTIFY (BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED), EACH ONE OF THE POTENTIAL RECIPIENTS
OF CDBG FUNDS THAT THERE MAY BE A SUBSTANTIAL CUT IN CDBG
FUNDING IN THE UPCOMING FUNDING CYCLE; FURTHER DIRECTING THE
ADMINISTRATION TO NOTIFY THE COMMUNITY BASED ORGANIZATIONS
(CBOs) (BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED) THAT 90
PERCENT OF THEIR STAFF AND MEMBERS SHALL LIVE WITHIN THE CITY
LIMITS, AND 75 PERCENT OF THE PROPOSED 90 PERCENT REQUIRED TO
LIVE IN THE CITY MUST LIVE WITHIN THE BOUNDARIES OF THE TARGET
AREAS THEY REPRESENT; IN THE INTERIM, FURTHER REQUESTING THAT
THE COMMUNITY DEVELOPMENT ADVISORY BOARD MEET WITH EACH OF
THE NEIGHBORHOOD GROUPS IN THE TARGET AREAS, AND COME BACK
BEFORE THE CITY COMMISSION FOR THE PURPOSE OF HAVING A MEETING
REGARDING PROPOSED FUNDING FOR THE UPCOMING BUDGET CYCLE.
Upon being seconded by Vice Mayor Gort, 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.
Mayor Clark: Thank you folks, for...
Mr. Jones: Now you need a motion on... to defer...
Mayor Clark: Deferrals, two items that...
Mr. Jones:... defer item 34 and item 35.
Mayor Clark: Two of them to defer.
Commissioner Dawkins: So move.
172 February 29, 1996
Mayor Clark: Is there a second?
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 96-118
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 34 (PROPOSED
RESOLUTION TO AUTHORIZE CITY MANAGER TO SUBMIT THE CITY OF
MIAMI'S FISCAL YEAR 1996-1997 PROPOSED CONSOLIDATED PLAN,
INCLUDING A FY 1996 ACTION PLAN WITH RECOMMENDED FUNDING
PROJECTIONS FOR THE CITY'S COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), EMERGENCY
SHELTER GRANT (ESG) AND HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) PROGRAMS, AND A GRANT APPLICATION FOR SAID
PROGRAMS, TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD); AND AGENDA ITEM 35 (PROPOSED FIRST READING
ORDINANCE TO ESTABLISH FOUR NEW SPECIAL REVENUE FUNDS AND
APPROPRIATING FUNDS FOR THE OPERATION OF EACH).
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.
Mayor Clark: We got a five minute recess.
Commissioner Plummer: Good.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 5:21 P.M. AND RECONVENED AT 5:39 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
173 February 29, 1996
r "\
Commissioner Plummer: I don't know what we're going to hear but...
Mayor Clark: Are there any persons present on the CDBG (Community Development Block
Grant) funds? Well, we're not going to hear that today now, sweetheart.
Commissioner Plummer: That's over.
Mayor Clark: We're not going to hear that today. So if you want to go on home or...
Commissioner Plummer: We won't charge for an extra seat.
Mr. Gene Suarez: Sir, are we going to talk about the HOPWA (Housing Opportunities for
Persons With AIDS) Program?
Commissioner Plummer: No.
Mr. Suarez: Not at all?
Commissioner Plummer: Not today, sir.
Mr. Suarez: Because I am the chair of the HOPWA Advisory Board, persons living with AIDS,
and I thought that...
Mayor Clark: No, sir, that's not coming up today.
Commissioner Dawkins: HOPWA's not coming up today?
Mayor Clark: No.
Commissioner Dawkins: Huh?
Mr. Suarez: It's...
Commissioner Plummer: That was also deferred.
Commissioner Dawkins: OK.
Vice Mayor Gort: We deferred the whole thing.
Commissioner Plummer: Yeah, we deferred the whole thing.
Commissioner Dawkins: OK. Well, we'll get it next time.
174 February 29, 1996
---------------------- ------------------------------------------------ -----------------------------------------
39. DISCUSSION CONCERNING HOUSE GIVEN TO FATHER BARRY (ST.
AGNES HOUSING).
Commissioner Dawkins: Mr. Mayor, we got people who've been... Where is the Overtown
group? Where is your lawyer?
Unidentified Speaker: Right here. Right here. Come on, Sharon. We're going to give the
presentation.
Commissioner Plummer: I don't know, it seems like we're losing control here. Hey, the way
things are going, we might not even get to pockets.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: We, under some circumstances, gave Father Barry a housing - a house.
Mayor Clark: I remember that.
Commissioner Dawkins: Father Barry said we gave him... And the City Attorney needs to hear
this, because I got this from somebody who said the City Attorney said it. When we gave the
house to Father Barry, Father Barry was supposed to do one thing with the house, and Father
Barry did something different with the house. Mr. Bailey said when we gave it to him, we gave
him the right to do anything that he wanted with it. Now, I am told that this Commission gave
Father Barry the right to evict people. Is that a correct statement, Mr. City Attorney? Madam
City Attorney, please.
Ms. Linda Kearson (Assistant City Attorney): Would you repeat the statement, please, sir?
Commissioner Dawkins: Yes, ma'am. The City Commission - I mean the Housing Department
gave Father Barry a building, and Father Barry was supposed to do one thing with the building.
When Father Barry got the building, he did something different. And then we were told that
once we gave the building to him, we could not dictate to him what he could or could not do
with it. And is that right?
Ms. Kearson: That's correct. And if I might, sir, the City of Miami conveyed the property in fee
simple to Saint Agnes to provide low-income housing for families. We did not dictate to or tell
Father Barry how he was to go about providing that housing. As I understand it, Father Barry or
Saint Agnes leased the property to New Horizons Mental Health Center to provide housing.
Until such time as we are told or find out that the housing is not being provided for low-income
families, he is in compliance with our deed.
Commissioner Dawkins: OK. Now, the City of Miami gave the property to Father Barry. Is
that a correct statement?
Ms. Kearson: That's correct.
Commissioner Dawkins: So there... And Father Barry evicted certain tenants. Is that a correct
statement?
175 February 29, 1996
Mayor Clark: They're in the process of it.
Commissioner Dawkins: No, sir, he's already evicted them. Is that a correct statement?
Ms. Kearson: I can't speak to that, sir. I don't know what Father Barry has done.
Commissioner Dawkins: OK. I mean, all right, OK. Let me rephrase it, Madam City Attorney.
Since the property changed hands from the City of Miami to someone else, residents have been
put out. Does the City of Miami have a relocation program, Mr. Manager, or someone in
Housing?
Commissioner Plummer: Well, it's Father Barry's obligation, isn't it?
Commissioner Dawkins: Wait a minute. No, no. The Law Department said it's not his
obligation. Do we have a housing relocation assistance program?
Mr. Jeff Hepburn: HUD (Department of Housing and Urban Development) rules require the
City, if we're utilizing Federal funds to purchase a piece of property, to demolish that same, to,
in fact, pay for relocation.
Commissioner Plummer: So the answer is...
Mr. Hepburn: But we don't have a program. It depends on the activity.
Commissioner Dawkins: OK. So therefore, by giving a piece of property that was purchased by
HUD's money, with HUD money, for the betterment of the community and for low-income
people, then... and these people have been displaced. Technically, the City of Miami displaced
them, right?
Mr. Hepburn: Commissioner, we think it's a different situation in the sense that the building was
donated to the City back in 1979, and we held onto the building up until last year.
Commissioner Dawkins: Mm-hmm.
Mr. Hepburn: Federal funds have been used to rehabilitate the property.
Commissioner Dawkins: Mm-hmm.
Mr. Hepburn: However, not to acquire it.
Commissioner Dawkins: OK.
Mr. Hepburn: And we don't think it meets the relocation test.
Commissioner Dawkins: You don't think so.
Mr. Hepburn: We don't think so.
Commissioner Dawkins: OK. Why not?
Commissioner Plummer: Because we didn't put them out.
Mr. Hepburn: Again, we did not purchase the property to demolish, to force those people out.
What happened, the City, in fact, transferred that property to a private owner.
176 February 29, 1996
Commissioner Dawkins: Well...
Commissioner Plummer: And he put them out.
Commissioner Dawkins: Well, somebody... And the City Attorney says Saint Agnes isn't
responsible. The problem was created, and the problem has to be addressed. Now, who's going
to address it?
Ms. Kearson: The courts. If a tenant feels that he has been improperly evicted by Father Barry,
he should seek redress in the courts, not with the City of Miami. This is not our problem. We
have conveyed that property in fee simple. We have no longer a responsibility.
Commissioner Dawkins: OK. In the event that the clients, for the lack of a better word, get a
lawyer, go to court, and find out that the City of Miami conveyed the land in error, can - and I'm
asking a legal question - not "will," I'm asking "can" - can those residents sue the City of
Miami...
Commissioner Plummer: Sue. It don't mean anything.
Commissioner Dawkins: ... for having violated what they figured was their fiduciary
responsibility?
Ms. Kearson: No.
Commissioner Dawkins: Why not?
Ms. Kearson: The City of Miami conveyed that property in good faith. We determined that the
property would be utilized by the church to provide low-income housing. If a court... If a court
determines that we were in error...
Commissioner Dawkins: That's right, OK.
Ms. Kearson: ... it was not an intentional act on our part...
Commissioner Dawkins: Mm-hmm.
Ms. Kearson: ... they cannot now come back to the City of Miami. I disagree with that, sir. No,
they cannot.
Commissioner Dawkins: OK, OK. Now, but you are one of the few lawyers that have advised
us and was wrong. But there is a possibility that they might get a jury who may be sympathetic
to them who... They may win. Is that a possibility?
Ms. Kearson: Well, sir, there's always that possibility. You know, we can't predict what a court
or a jury will do.
Commissioner Dawkins: OK. Thank you. All right. You all go get your... You all go to court.
You all go to court. That's all I can tell you. OK? Because nobody around here seems to want
to work this out amicably. Everybody just keeps saying, "I'm not responsible, they're
responsible." This lady is evicted. This man's mother is out, she's out. So, I mean, I don't
know what else to tell you but to go to court.
Mr. Philip Vova: OK. Well, may it please the Commission. My name is Philip...
177 February 29, 1996
Commissioner Dawkins: No, give your name and address, sir.
Mr. Vova: My name is Philip Vova. The address is 1101 Brickell Avenue, Suite 900, Miami,
Florida, 33131. I've represented Ms. Mansfield since I got these tenant evictions. I've reviewed
the deed that the City gave them. I find a couple of things. Number one, there is a reverter
clause that I think the City should be enforcing, since he's not... doesn't have low cost and
moderate -income families in there, but he has regular individuals in there. So, I mean, the
reverter clause...
Mayor Clark: Is there a reverter clause in there?
Mr. Vova: Yes, there is. Without any doubt, there's a...
Mayor Clark: You asked about that because...
Commissioner Dawkins: Yeah, mm-hmm.
Mr. Vova: There's a reverter...
Ms. Kearson: Take us to court, sir. We've had this discussion before. That deed was prepared.
It will hold up in any court of law. If you disagree, take us to court. I stand by that deed.
Mr. Vova: Fine. It's an improper deed, by the way. It's not witnessed.
Ms. Kearson: I stand by that deed.
Mr. Vova: Good. Then I'll find out real quickly.
Commissioner Dawkins: OK. All right. Go to court. Go to court.
Mr. Vova: Fine.
Commissioner Dawkins: OK. Thank you.
Mr. Vova: Thank you.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Clark: Yes, sir. Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
178 February 29, 1996
----------------------------------------------------------------------------------------------------------------
40. FIRST READING ORDINANCE: AMEND ORDINANCE 6145, WHICH
ESTABLISHED FEES FOR BUILDING, PLUMBING, ELECTRICAL,
MECHANICAL (INCLUDING BOILER AND ELEVATOR) INSPECTION,
PERMIT AND CERTIFICATE FEES -- ADD / INCREASE FEES TO COVER
COSTS OF ENFORCEMENT OF SOUTH FLORIDA BUILDING CODE.
Mayor Clark: Item 59. An ordinance.
Commissioner Plummer: What do you want me to do?
Mayor Clark: Mr. Jones. Is there a motion on this item?
Commissioner Plummer: I moved it before. We deferred.
Mayor Clark: It's been deferred?
Unidentified Speaker: Seventy-three.
Commissioner Plummer: Fifty-nine.
Unidentified Speaker: Seventy-three, it's 73.
Commissioner Plummer: It's...
Mayor Clark: Just wait a minute, will you, please? Please?
Commissioner Plummer: I moved 59 before when you wanted to go back to 34 and 35.
Mayor Clark: Did you read the ordinance? We'll get with you in just a minute. Just relax. You
been here all day. All right. Call the roll, Mr. Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 6145, ADOPTED
MARCH 19, 1958, AS AMENDED, WHICH ESTABLISHED FEES FOR BUILDING,
PLUMBING, ELECTRICAL, MECHANICAL (INCLUDING BOILER AND
ELEVATOR) INSPECTION, PERMIT AND CERTIFICATE FEES, THEREBY
ADDING AND INCREASING REQUIRED FEES TO COVER COSTS FOR THE
ENFORCEMENT OF THE SOUTH FLORIDA BUILDING CODE; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
179 February 29, 1996
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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: Commissioner Joe Carollo
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.
----------------------------------------------------------------------------------------------------------------
41. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND:
ELECTRONIC MESSAGE CENTER -- APPROPRIATE $50,000 (MONIES
RECEIVED PURSUANT TO TERMS / CONDITIONS SET FORTH IN
REVOCABLE PERMIT ISSUED TO MCCAW COMMUNICATIONS OF
FLORIDA - RESOLUTION 95-614).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 60 has been withdrawn. Sixty-one.
Commissioner Plummer: What is a fifty thousand dollar ($50,000) electronic message center?
Is that one of those damned phones where you dial "1" if you want this, and "2" if you want that?
Mr. Cesar Odio (City Manager): What number...
Commissioner Plummer: Sixty-one.
Mr. Odio: This is to utilize the roof space on top of the Police Department. They're paying us.
Commissioner Plummer: Oh, they're paying us?
Mr. Odio: Yeah.
Commissioner Plummer: Great. I move it in a hurry.
Commissioner Dawkins: Second. That's the one, J.L., where they moved it from off of...
Commissioner Plummer: OK.
Mayor Clark: Call the roll.
180 February 29, 1996
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"ELECTRONIC MESSAGE CENTER" AND APPROPRIATING FUNDS THEREFOR,
IN THE AMOUNT OF $50,000, SAID MONIES RECEIVED PURSUANT TO THE
TERMS AND CONDITIONS SET FORTH IN THE REVOCABLE PERMIT ISSUED
TO MCCAW COMMUNICATIONS OF FLORIDA AS AUTHORIZED BY
RESOLUTION NO. 95-614, ADOPTED SEPTEMBER 14, 1995; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
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.
------------------------------------------------------------------------------------------------------------- .
42. FIRST READING ORDINANCE: AMEND CODE SECTIONS 2-431 AND 38-
73 (BAYFRONT PARK MANAGEMENT TRUST) -- CHANGE QUORUM
REQUIREMENTS TO BE A MAJORITY OF THOSE PRESENT AT A
PROPERLY NOTICED MEETING.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 63.
Mayor Clark: Sixty-three.
Commissioner Carollo: Well, I got a question on 63.
Commissioner Plummer: All right. I'll try to answer it for you.
Commissioner Carollo: Well, this would be the only board or group, then, that would be exempt
from the City's standards.
181 February 29, 1996
Commissioner Plummer: I'm sorry, Joe, I can't hear you.
A. Quinn Jones, III, Esq. (City Attorney): Reducing the quorum.
Commissioner Carollo: On 63 we're saying, right?
Commissioner Plummer: Yes.
Commissioner Carollo: This would be the only board that I know of, then, that would be exempt
from the City's standards for quorum.
Commissioner Plummer: The City's standards... Are you saying in relation to bidding or what?
Commissioner Carollo: No. I'm saying that...
Mayor Clark: For a quorum for a meeting.
Commissioner Dawkins: A quorum for meetings.
Commissioner Carollo: From what I understand here, we want to change...
Mr. Jones: No.
Commissioner Carollo: ... the requirements and standards where the quorum will be established
by the members present, not...
Commissioner Plummer: Well, each... To my knowledge, each board establishes their own
quorum. The problem here, Joe, has been the lack of a quorum, and we just haven't been able to
accomplish business. What this would do, at the time that the meeting would start, 50 percent
plus one did establish a quorum. And that was only so that we could get business done, that's
all.
Commissioner Carollo: Well, I understand what you're saying, J.L., but, I mean, you have nine
members there, as I understand it.
Commissioner Plummer: Yes.
Commissioner Carollo: It shouldn't be that difficult to have five. And what I'm saying is that
this would be the only board that would be going away from the standards. And I don't know. I
mean, you could, conceivably, if you have three people there only, just by getting two, be able to
pass any resolution.
Commissioner Plummer: Joe, all we are trying to accomplish here...
Mayor Clark: ... is progress.
Commissioner Plummer: We had one lady that was in Europe, we had one on a honey moon, we
had one in the hospital.
Commissioner Carollo: That's what the Code of the City...
Commissioner Plummer: I mean, these were legitimate excuses of why they were not there. But
I had two board meetings in a row where I had no quorum.
182 February 29, 1996
Commissioner Dawkins: They didn't like your face.
Commissioner Plummer: Maybe they didn't like my face. That's even better. Stay away. But
we just felt that we needed to come up with this. It doesn't mean that those present don't create
the quorum as normal. What we're trying to accomplish here is to say, "Hey, we want to get
business done." OK? That's the only thing we've proposed here.
Mayor Clark: Any further discussion? Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE RELATED TO THE BAYFRONT PARK MANAGEMENT TRUST
("TRUST"); AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO CHANGE THE QUORUM REQUIREMENTS FOR THE TRUST TO
BE A MAJORITY OF THOSE PRESENT AT A PROPERLY NOTICED MEETING;
MORE PARTICULARLY BY AMENDING SECTIONS 2-431 AND 38-73 OF SAID
CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; 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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: Commissioner Joe Carollo
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Carollo: No. And while I'm voting no, I'll read for the record what it says here:
"A quorum for all board meetings except for meetings of the Bayfront Park Management Trust
shall consist of 50 percent plus one of the board's total membership."
183 February 29, 1996
----------------------------------------------------------------------------------------------------------------
43. ACCEPT BID: MIAMI ELEVATOR COMPANY -- FOR FURNISHING
ELEVATOR MAINTENANCE SERVICES AT RIVERSIDE CENTER --
ALLOCATE $29,076.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, could we hear 65, 66, and then come back to 64, please?
Mayor Clark: Anything you say.
Commissioner Dawkins: Sixty-five.
Mayor Clark: Sixty-five, Miami Elevator Company?
Commissioner Dawkins: Yes, sir.
Mayor Clark: Is there a resolution? Is there a motion on the item?
Commissioner Plummer: Move it.
Commissioner Dawkins: Second. Under discussion.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Will somebody tell me... You got a proposed first -year cost of twenty
thousand and seventy-six dollars ($20,076). Then you got a nine thousand dollar ($9,000)
contingency for non -maintenance agreement or repairs. What is that?
Mr. Eduardo Rodriguez: Commissioner, that building was closed four years. We don't know
what we're going to encounter in the first year there.
Commissioner Dawkins: Say what, now?
Mr. Rodriguez: That building was closed, basically, in minimal operation for four years.
Florida Power and Light only have only two floors occupied, a minimum staff in that building.
We don't know what is going to happen now when we take possession of the whole building,
720 employees there. We need a little contingency to, you know, for problems that we're going
to encounter, for sure.
Commissioner Dawkins: And shouldn't you have one resolution for twenty thousand and
seventy-six dollars ($20,076) for routine and preventive maintenance...
Mr. Rodriguez: That's correct.
Commissioner Dawkins: ... and another resolution that says nine thousand dollars ($9,000) for
contingency, non -maintenance?
A. Quinn Jones, III, Esq. (City Attorney): That's part of the same bid.
Commissioner Plummer: Right, part of the same...
Commissioner Dawkins: I mean, I'm just trying to see why is it you got to anticipate a
contingency. I don't understand that.
184 February 29, 1996
Mr. Rodriguez: Well, that's the reason that we put contingencies, to anticipate problems.
Commissioner Plummer: You may or may not spend it.
Commissioner Dawkins: All right. Go ahead. Call the roll. I don't understand it. Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-119
A RESOLUTION (Pending the Law Department.)
(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.
185 February 29, 1996
i----------------------------------------------------------------------------------------------------------------
44. ACCEPT BID: FOREVER GREEN, INC. -- FOR FURNISHING LAWN
MAINTENANCE SERVICES AT RIVERSIDE CENTER -- ALLOCATE
$14,960.
---------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Sixty-six. I move 66.
Commissioner Plummer: Second.
Commissioner Dawkins: All right. Same thing. If a man is going to clean... Somebody is
going to clean the lawn for nine thousand nine hundred and sixty dollars ($9,960), and then
because it's a new building...
Mr. Eduardo Rodriguez: No, sir. I can...
Commissioner Dawkins: Because it's a new building, like you told me for the other
contingency...
Mr. Rodriguez: Well...
Commissioner Dawkins: ... you can't... You don't know what's going to happen in the yard, as
you cut the yard, so you're going to give him five thousand dollars ($5,000) as a contingency,
} because your building is only a year old, and you don't know what the grass is going to du.
f Mr. Rodriguez: Commissioner, we have trees that died there.
i Commissioner Dawkins: Hmm?
Mr. Rodriguez: We have two trees that have being dying now, one coconut palm and a tree, a
mahogany. Those trees have to be replaced.
Commissioner Dawkins: But they would... That doesn't come under the purchase price?
Mr. Rodriguez: No. That's... If the tree die, we replace it. If they don't die, we don't replace it.
So you need contingency money for that event.
Commissioner Dawkins: And if they don't die, what happens to the contingency?
Mr. Rodriguez: You don't use it. It's not being used.
Commissioner Dawkins: All right. Now, let's go back, Mr. Mayor, to 64.
Mayor Clark: Well, let's handle this one, first.
Commissioner Dawkins: OK. I'm sorry. I move it. I mean, I don't understand it, but I move it.
Commissioner Plummer: I second it, and I do understand it.
Mayor Clark: OK.
Commissioner Dawkins: You're smarter than me.
186 February 29, 1996
Commissioner Plummer: That's true.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-120
A RESOLUTION ACCEPTING THE BID OF FOREVER GREEN, INC., TO
PROVIDE LAWN MAINTENANCE SERVICES AT THE CITY OF MIAMI
RIVERSIDE CENTER, LOCATED AT 444 SOUTHWEST 2ND AVENUE, MIAMI,
FLORIDA, ON A CONTRACT BASIS FOR A ONE YEAR PERIOD WITH THE
OPTION TO EXTEND FOR TWO ADDITIONAL ONE YEAR PERIODS, AT A
PROPOSED FIRST YEAR COST OF $9,960.00 FOR COMPLETE LAWN SERVICE
AND $5,000.00 AS CONTINGENCY FOR POSSIBLE NON -ROUTINE SERVICES,
FOR A TOTAL PROPOSED FIRST YEAR COST OF $14,960.00; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO. 921135 FOR SAID SERVICES;
AND FURTHER AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
SERVICES AND THEREAFTER TO EXTEND SAID CONTRACT FOR TWO
ADDITIONAL ONE YEAR PERIODS, UPON THE SAME TERMS, PROVES AND
CONDITIONS, AND SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the %2ity
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.
----------------------------------------------------------------------------------------------------------------
45. ACCEPT PROPOSAL: BEST MAINTENANCE AND JANITORIAL
SERVICE, INC. -- TO FURNISH JANITORIAL SERVICES AT RIVERSIDE
CENTER -- ALLOCATE $145,580.41.
Commissioner Dawkins: OK. All right. I move 64. Under 64...
Mayor Clark: All right.
Commissioner Dawkins: ... here's a guy has got a cleaning contract for a hundred and forty-five
thousand five hundred and eighty dollars ($145,580), and there is no contingency. Why doesn't
he have a contingency?
187 February 29, 1996
Mr. Cesar Odio (City Manager): She.
Mr. Eduardo Rodriguez: It's a "she." It's a female local Hispanic company.
Commissioner Dawkins: Beg your pardon?
Mr. Rodriguez: It's a company. OK.
Commissioner Dawkins: It's a company? The other people were... What were the other
people?
Mr. Rodriguez: In this particular case, Commissioner, we know exactly what we have to do
there.
Commissioner Dawkins: See, but you know. I don't know. See, that's the problem.
Mr. Rodriguez: OK. We can...
Commissioner Dawkins: See, you know. I don't know what you're doing. And I'm... That's
all I'm asking you, explain to me what you're doing.
Mr. Rodriguez: Fine. We have... We're going to have two people eight hours a day, five days a
week. One...
Commissioner Dawkins: No, no. I only asked one question. Now, I'm going to ask it again. In
the other two, 65 and 66, there is a nine thousand dollar ($9,000) contingency...
Mayor Clark: And a five.
Commissioner Dawkins: ... and a five thousand dollar ($5,000) contingency.
Mr. Rodriguez: Yes, sir.
Commissioner Dawkins: And the first one is a contingency because the building is only a year
old, and you don't know what's going to happen, so you need a cushion.
Commissioner Carollo: But...
Commissioner Dawkins: In the other one, the guy is cutting the yard, and you don't know
whether his lawn mower will break or nothing, and you're going to pay him for his lawn mower
broken.
Mr. Rodriguez: No.
Commissioner Dawkins: But here's a guy who's got to buy toilet paper, and you don't know
how many ladies are going to be in the building, how many rolls of toilet paper will be needed,
and... but you don't give him a contingency.
Commissioner Plummer: But there's no mahogany tree inside of the building.
Commissioner Dawkins: Go ahead, I'm listening.
Mr. Rodriguez: OK. What... Can I tell what are we doing in this one?
188 February 29, 1996
Commissioner Dawkins: That's what I asked you.
Mr. Rodriguez: OK. Please. We're going to have one janitorial person eight hours a day, five
days a week. We're going to have a janitorial handyman person, also, for the whole facility,
eight hours a day for this. At night, it's going to be cleaned the whole building, as we occupy it.
So in this price, we already have a contingency itself. Listen to me for a moment.
Commissioner Dawkins: I am. I am.
Mr. Rodriguez: Because we are not occupying the building totally at the beginning. It's going
to be by phases. We have two basic phases in this. It's going to be by floor. As they are
occupied, we bring the people. It's done by floor, by square footage.
Commissioner Dawkins: OK. Go ahead.
Mr. Rodriguez: So the contingency is right there, inside there.
Commissioner Dawkins: So OK...
Mr. Rodriguez: We know when the... it's occupied, the building, we have to clean it.
Commissioner Dawkins: So a janitorial contract, you have the ability to foresee a contingency
and build it into the total price.
Mr. Rodriguez: No, it's already there, sir.
Commissioner Dawkins: Hey, you built it in.
Mr. Rodriguez: We have two people, eight hours a day, to clean. Whatever contingency we
have, we have it as a staff there in the building, eight hours a day.
Commissioner Plummer: The two people are the contingency.
Commissioner Dawkins: OK. Now, I listened to you. Now, I want you to listen to me. OK?
OK? In the first instance, you have a contract, and you don't know what's going to happen. So
you put nine thousand dollars ($9,000), OK? In the second one, you didn't... I mean, in the next
one, you don't know what's going to happen. You put nine thousand. But you looked in your
crystal ball for the janitorial service, and it said, this is all you need, and this will cover it. Now,
why couldn't we do that with the first two? That's all I'm asking you, Mr. Eduardo.
Commissioner Plummer: Because this is definitely going to be spent, and the other may not.
Commissioner Dawkins: Mr. Manager, go ahead, Mr. Manager, sir. Anybody, Mr. Manager.
Mr. Odio: No. I guess what we're saying here, we will not spend more than one hundred and
forty-five thousand five hundred and eighty dollars and forty-one cents in the janitorial services
for one year in that building.
Mr. Rodriguez: That's right.
Commissioner Dawkins: Yeah, but the guy may have a contingency, like the others, and we
aren't covering it.
189 February 29, 1996
Mr. Odio: Then he's got a problem - "she" has a problem - because...
Commissioner Dawkins: They have a... that's my problem.
Mr. Odio: ... because they bidded - they bidded this price, and they got the bid based on this
price, and they have to deliver services for one year at that price.
Commissioner Dawkins: I don't... I don't have a problem with that, OK? But the other guys
bid also, and they got a contingency in there. OK? You're not... You're not bidding apples and
apples. OK. I'm sorry, Mr. Mayor.
Mr. Odio: Oh, I agree, Commissioner. These are different items all together.
Commissioner Dawkins: It's the same amount... We're talking about spending America's
money. And we're talking about people who bid on jobs.
Mr. Odio: You want to add a contingency here on the line item? We can add a contingency in
case something happens.
Commissioner Dawkins: I wouldn't care if you don't have no cleaning up. OK? All right. I
want you to understand. See, don't do me no small favors. If you can't do a large favor, don't
do any. OK? Now, you're not doing me no favor, Mr. Manager, putting this in here. OK? All
right. I want you to understand. Nancy Dawkins cleans my house. I don't need janitorial
services. OK? All right. So I just need... All I need to know is, is this the policy? See? And to
make my point more clear, will the gentleman who won the janitorial contract stand up.
Mr. Odio: It's a "she." It's a female Hispanic company.
Commissioner Dawkins: Where is she? She isn't here? OK, go ahead. Go ahead with the next
one.
Mayor Clark: All right. Let's get a motion on it.
Commissioner Plummer: Which one?
Commissioner Dawkins: Move it, move it.
Commissioner Carollo: Well...
Mayor Clark: Moved and seconded.
Commissioner Plummer: Which number, Mr. Mayor?
Mayor Clark: On number...
Commissioner Dawkins: Sixty-six - 65, I mean.
Vice Mayor Gort: Sixty-four.
Commissioner Plummer: What about 64?
Commissioner Carollo: It was 64.
Commissioner Dawkins: No, 64 it is, 64. I move 64.
190 February 29, 1996
Commissioner Carollo: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-121
A RESOLUTION ACCEPTING THE PROPOSAL OF BEST MAINTENANCE AND
JANITORIAL SERVICE, INC., TO PROVIDE JANITORIAL SERVICES AT THE
CITY OF MIAMI RIVERSIDE CENTER, LOCATED AT 444 SOUTHWEST 2ND
AVENUE, MIAMI, FLORIDA; ALLOCATING FUNDS THEREFOR FOR SAID
SERVICES, AT AN ESTIMATED ANNUAL COST OF $145,580.41, FROM
ACCOUNT CODE NO. 921135; AUTHORIZING THE CITY MANGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH BEST MAINTENANCE AND JANITORIAL SERVICE, INC.,
FOR AN INITIAL PERIOD OF ONE YEAR WITH THE OPTION TO EXTEND FOR
TWO ADDITIONAL ONE YEAR PERIODS, UPON THE SAME TERMS, PRICES,
AND CONDITIONS, AND SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
46. ACCEPT BID: PRIME ELECTRIC -- FOR FURNISHING ELECTRICAL
MAINTENANCE SERVICES AT RIVERSIDE CENTER -- ALLOCATE
$10,000.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: I move 67.
Commissioner Plummer: Second.
Commissioner Dawkins: Under that, where is the... why... He's got a ten thousand dollar
($10,000) contract, no contingency.
191 February 29, 1996
Mr. Eduardo Rodriguez: The whole contract is a contingency here. We don't...
Commissioner Dawkins: Beg your pardon?
Mr. Rodriguez: This is labor and material.
Commissioner Dawkins: Now, I read English well, OK?
Mr. Rodriguez: As needed.
Commissioner Dawkins: No, no.
Mr. Rodriguez: As needed, sir.
Commissioner Dawkins: Show me where this says... Now, you read it to me and show me
where it says this is a contingency.
Mr. Rodriguez: It's as needed. No. Let me correct that. It's as needed. If we need it, we call it.
Commissioner Dawkins: Beg your pardon? Beg your pardon? Say what now?
Mr. Rodriguez: It's a labor and material contract. If we need the service, we call them. If we
don't need it, we don't call them.
Mayor Clark: And you don't spend the money.
Mr. Rodriguez: Exactly.
Commissioner Plummer: Well, you could have worded it better. You could have put in there,
"not to exceed." That would have been a better way of wording.
Mr. Rodriguez: OK. "Estimated," we put "estimated amount."
Commissioner Plummer: But...
Mr. Rodriguez: OK, "not to exceed."
Commissioner Plummer: ... "Not to exceed the amount of ten thousand dollars ($10,000),"
would, I think, have been a better wording.
Mr. Rodriguez: All right. We'll make that change.
Mayor Clark: All right. He's got that in there, "not to exceed."
Commissioner Dawkins: See?
Mayor Clark: All right. Now, it's moved and seconded. Call the roll.
Commissioner Dawkins: See, but there again, before I call the roll, will the guy who got the
electrical contract, stand up. Who got the electrical contract?
Mr. Rodriguez: Prime Electrical, a black local vendor.
192 February 29, 1996
Commissioner Dawkins: OK. He's not here? OK. No problem. I needed to see him, that's all
Mayor Clark: Call the roll.
Commissioner Dawkins: See... that's all. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-122
A RESOLUTION ACCEPTING THE BID OF PRIME ELECTRIC, TO PROVIDE
ELECTRICAL MAINTENANCE SERVICES, ON AN AS -NEEDED BASIS, AT THE
CITY OF MIAMI RIVERSIDE CENTER, LOCATED AT 444 SOUTHWEST 2ND
AVENUE, MIAMI, FLORIDA, ON A CONTRACT BASIS FOR A ONE YEAR
PERIOD WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE YEAR
PERIODS, AT AN ESTIMATED FIRST YEAR COST OF $10,000.00; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO. 921135 FOR SAID SERVICES;
AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEt,
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SA i'
SERVICES AND THEREAFTER TO EXTEND SAID CONTRACT FOR TWO
ADDITIONAL ONE YEAR PERIODS, UPON THE SAME TERMS, PRICES XD
CONDITIONS, AND SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Carollo: Yes, with the wording, "not to exceed ten thousand."
COMMENTS MADE FOLLOWING ROLL CALL:
Commissioner Dawkins: OK. What happens...
Mayor Clark: Sixty-eight.
Commissioner Dawkins: Wait a minute, please, Mr. Mayor. What happens if, at the... Like you
said, this is a building, we don't know what's going to happen. What happens if the ten thousand
dollars ($10,000) is spent in two months?
193 February 29, 1996
Mr. Rodriguez: We come back to you, sir.
Commissioner Dawkins: Beg your pardon?
Mr. Rodriguez: We come back to you.
Commissioner Dawkins: Come back to us, or rebid?
Mr. Rodriguez: We actually rebid it.
Commissioner Dawkins: We rebid it, right? OK.
Mr. Rodriguez: Yeah. And we come back to you for approval.
Commissioner Dawkins: OK. Thank you.
---------------------------------------------------------------------------------------------------------------
47. ACCEPT BID: TOTAL AIR SERVICES, INC. -- FOR FURNISHING HVAC
MAINTENANCE SERVICES AT RIVERSIDE CENTER -- ALLOCATE
$22,040.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 68, air services.
Commissioner Plummer: Move it.
Commissioner Carollo: Second.
Mayor Clark: Any discussion?
Commissioner Carollo: This has got a contingency, right?
Commissioner Dawkins: Yeah, it's got a contingency. I'll vote for it.
Commissioner Plummer: Oh, that's nice.
Mayor Clark: Call the roll.
194 February 29, 1996
11;) `)
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-123
A RESOLUTION ACCEPTING THE BID OF TOTAL AIR SERVICES, INC., TO
PROVIDE HVAC (HEATING, VENTILATION AND AIR CONDITIONING)
MAINTENANCE SERVICES AT THE CITY OF MIAMI RIVERSIDE CENTER,
LOCATED AT 444 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, ON A
CONTRACT BASIS FOR A ONE YEAR PERIOD WITH THE OPTION TO EXTEND
FOR TWO ADDITIONAL ONE YEAR PERIODS, AT A PROPOSED FIRST YEAR
COST OF $17,040.00 FOR ROUTINE AND PREVENTATIVE MAINTENANCE AND
$5,000.00 AS CONTINGENCY FOR NON -MAINTENANCE AGREEMENT
REPAIRS, SERVICES AND/OR MODIFICATIONS, FOR A TOTAL PROPOSED
FIRST YEAR COST OF $22,040.00; ALLOCATING FUNDS THEREFOR FORM
ACCOUNT CODE NO. 921135; AND AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID SERVICES AND THEREAFTER TO EXTEND SAID
CONTRACT FOR TWO ADDITIONAL ONE YEAR PERIODS, UPON THE SAME
TERMS, PRICES AND CONDITIONS, AND SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
48. ACCEPT PROPOSAL: JORGE LUZARRAGA AND JOSE M. GARCIA
(JOINT VENTURE) -- TO PROVIDE FOOD / BEVERAGE SERVICE AT
RIVERSIDE CENTER -- AUTHORIZE MANAGER TO EXECUTE
CONCESSION AGREEMENT -- CONCESSIONAIRE TO PAY MONTHLY
CONCESSION FEE EQUAL TO: (1) 5% OF GROSS REVENUES FROM
CAFETERIA / CART OPERATIONS, AND (2) 25% OF GROSS REVENUES
FROM CATERING / COFFEE SUPPLY SERVICES.
Mayor Clark: Sixty-nine.
Commissioner Carollo: This is one I definitely want to ask questions about, about food. What
say so, though, are we going to have on the prices that they're going to charge?
195 February 29, 1996
Commissioner Carollo: But I want to get it on the record from you.
Mr. Cesar Odio (City Manager): Put it on the record.
Mr. Rodriguez: Yes. We're going to have a say at the initial price, and any modification.
Commissioner Carollo: Explain that in English now. Initial price.
Mr. Rodriguez: The initial price is attached here.
Commissioner Plummer: That's what you got here in front of you.
Commissioner Carollo: Right.
Mr. Rodriguez: And it's in page, I think, 5.
Commissioner Carollo: Yeah, but, see, the initial price doesn't concern me as much as the
increases that we're going to be having.
Mr. Rodriguez: We're going to have a say. It's part of the contract. Once a year, they can come
to us for a change in the prices, unless something extraordinary happens - a war or something
like that - that would change.
Commissioner Dawkins: Why... Pardon me, Joe.
Mr. Rodriguez: But normally, on a normal basis, they will come... They can come to us once a
year and we have the final word for that changes.
Commissioner Dawkins: How many bids did you receive on this?
Mr. Rodriguez: Only one, sir.
Commissioner Dawkins: And how long did we wait on the one before we decided to go with the
one?
Mayor Clark: How long was the bid out before it was sent back in?
Commissioner Dawkins: No. How long did you have one bid before you decided that you were
going with it, instead of rebidding to see if we could get some more bids?
Mr. Rodriguez: Seven weeks, sir.
Commissioner Dawkins: Seven weeks. What was the urgency?
Commissioner Plummer: People were hungry.
Commissioner Dawkins: The homeless or the people with the jobs?
Commissioner Plummer: Both.
Commissioner Dawkins: You know, I'm voting no, because I think that for something of this
magnitude, and with as many people wanting to go in business, that this should be thrown out
and rebid, and see if it's not more than one bid out there.
196 February 29, 1996
Mr. Rodriguez: If you would allow me, let me give you a little more details about that. Twenty-
five people receive RFPs (Request for Proposals), 25 different corporations or people, entities.
Thirteen people attended the prebid conference that we have, and only one provide bids. We
know basically the main reason of that.
Commissioner Dawkins: Well, if you know the base reason, why didn't you correct it so more
people... so more people...
Mr. Rodriguez: We called them. Well, it's difficult to correct, you know, because it's so far.
One of the main reasons is the building is so far from downtown that the market is limited to the
City employees only. So basically, the operators wants a bigger... they want a bigger market,
downtown market. We don't have it there. You know, we are five blocks from downtown. So
it's limited to the people that work there daily, City employees.
Commissioner Carollo: That work there or that would come there.
Mr. Rodriguez: Visitors also, yes. So that's the main reason for this problem.
Commissioner Carollo: What is the background of these people? How long have they been in
business?
Mr. Odio: Jorge, you want to answer?
Mr. Jorge Luzarraga: I've been in business for eight years.
Vice Mayor Gort: Please state your name and address.
Commissioner Carollo: Your name, please, sir?
Mr. Luzarraga: Jorge Luzarraga, 7631 Southwest 64th Court. I've been in business for eight
years, and my partner, Jose M. Garcia, who was called away, has been in business for 22 years in
Burger King Corporation, and h(: v also owns Burger King Restaurants.
Commissioner Carollo: But the actual company that did this bidding, how long has it been in
business?
Mr. Luzarraga: It has... Well, we created a joint venture for this particular job.
Commissioner Carollo: Exactly. The actual company that did the bidding, how long has it been
in business?
Mr. Luzarraga: Well, as long as the Request for Proposal...
Commissioner Carollo: OK. So it was a new corporation that was made specifically to bid on
this particular job.
Mr. Luzarraga: Exactly, because we figure we didn't have... We need... You know, we both
wanted expertise that I have and I wanted the expertise that he has, and we felt that if we joined
together to create a better entity to... to fulfill our obligations.
Commissioner Carollo: I can understand that. But my concern is that we're entering into a
minimum of a three-year contract. Of course, there's an option of three more years, mutually
agreed upon by the City and the concessionaire. I understand what staff said about the problem
197
February 29, 1996
that you have a limited market there, and that's understandable. The five percent gross that
we're asking, I also can understand that while that's lower than we would normally ask, we also
want to try to keep the... your prices low to the employees. So that, I understand, also. This is
not one that we're out to make a profits that we usually try to make, even though by looking at
some of the other contracts we have out in restaurants, I wonder about that sometimes. But my
only concern is that we've only received one bid. That is a concern. At the same time, before I
would be ready to go for three years in a row, if we've only received one bid, my position is
either we throw it out and see what we get again, or let's give it to them at a, you know at a...
Throw them all out and contract with him directly, then, if it could be done, or readjust this bid,
negotiate it...
Vice Mayor Gort: Review in one year.
Commissioner Carollo: ... to being one year, where after the one year, we can then renegotiate
the remaining two years of the three. And then we'd have the three-year option. So at least we
could see if in the first year, everybody is satisfied with the service.
Ms. Lori Lutes: We can do a performance review. Also, within this, there is a termination,
without cause, that with 45 days notice, we can cancel this agreement.
Commissioner Carollo: OK. There's a termination without cause. But...
Ms. Lutes: In... without cause.
Commissioner Carollo: But still when...
Ms. Lutes: There are stricter ones for cause but...
Commissioner Carollo: When we get into the "without cause," there still are technical areas
within the law that we still have to follow, and that can cause additional problems. I would be
ready to vote upon it, if it could be modified to include only one year with the option then after
that one year, that it would come back to the Commission for review for the remaining two years
in the contract. And, of course, the City will have the option for the other remaining... the last
remaining three years.
Mr. Luzarraga: If I may.
Commissioner Carollo: Yes, sir.
Mr. Luzarraga: That's OK with us. We feel so confident that we don't see a problem with that.
I would like to make a request on my behalf.
Commissioner Carollo: Yes, sir.
Mr. Luzarraga: We are, to some extent, making... extending ourselves and going into something
that we don't know it's going to be profitable or not.
Commissioner Carollo: We understand that.
Mr. Luzarraga: Right. What concerns me now is that by the end of one year, because of our
labor, we create something that is, you know, that is good business, and we build something for
one year, we have something nice that employees can go to, and then someone else benefits from
our fruits on the second year, by giving the City either a better percentage or whatever, and we
are left out in the cold. If...
198 February 29, 1996
Commissioner Carollo: Well, you have a valid point. And I think that what we should judge
you is on the merit of the quality of food and service you are providing there. And you have a
very good point in what you're saying, and I think it's fair. We should not get into the price
again, because one year later, someone would have the advantage of knowing just how much is
being sold, how many people are coming, and that would not be right. That would be unfair, and
I would agree with that.
Mr. Luzarraga: If it's based on performance, I'm all for it.
Commissioner Carollo: Yeah. It should be on the performance there, of the quality of food and
the service that you're providing.
Mr. Luzarraga: That's fine.
Commissioner Carollo: That, I could go along with.
Mayor Clark: Very good. With that in mind, why, we'll move it.
Commissioner Plummer: A performance evaluation after one year for the remaining two.
Vice Mayor Gort: I'll move it.
Mayor Clark: Is there a second?
Commissioner Carollo: I will second that one.
Mayor Clark: All right. Fine. No further discussion.
Mr. Odio: Say that again? What is it?
Mayor Clark: You got the change in it now, right? One year...
Commissioner Plummer: At the end of one year, a performance evaluation.
Commissioner Carollo: At the end of one year, it has to come to the Commission so that we can
discuss the remaining two years.
Commissioner Plummer: Who's going to do the performance evaluation.
Mr. Odio: The best people that can judge what they do is the employees there somehow.
Mayor Clark: Sure, the people that use it.
Mr. Odio: They're the ones that are going to be eating there. I just want to put on the record that
when we researched the cafeteria before we bought the building, that Florida Power & Light
was... was costing them three hundred thousand a year?
Mr. Rodriguez: They paid fifty thousand dollars ($50,000) for managing that.
Mr. Odio: Right.
Mr. Rodriguez: They subsidized everything there.
199 February 29, 1996
Mr. Odio: They were subsidizing the prices in the cafeteria. So.
Commissioner Plummer: Well, that was complete subsidy, of course.
Mayor Clark: All right. Call the roll.
Commissioner Plummer: That's why they sold the building. They ran out of money.
Mayor Clark: Go ahead. You want to speak?
Mr. Manuel Gonzalez-Goenaga: Just a comment.
Mayor Clark: All right. Fine.
Commissioner Plummer: Which item are we...
Mr. Gonzalez-Goenaga: I sincerely hope that most employees use these services, and try... even
Mr. Cesar Odio, that is spending too much in lunches paid by the citizens. Even though he
denies it, I have the evidence to the contrary. Thank you very much.
Mayor Clark: Call the roll.
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-124
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
200 February 29, 1996
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.
Commissioner Carollo: Good luck to you, sir.
Mr. Luzarraga: Thank you.
---------------------------------------- ---------------------- ------------------------- -------------------------------------------
49. ACCEPT PROPOSAL: GABRIEL SECURITY CORP., INC. -- TO FURNISH
SECURITY SERVICES AT RIVERSIDE CENTER -- ALLOCATE $230,000.
Mayor Clark: Item... Wait a minute, let's pay attention. Item 70.
Commissioner Plummer: Mr. Mayor, on item 70, I have a problem.
Mayor Clark: What do you want to do?
Commissioner Plummer: I have called around. This is being bid out at nine dollars and eighty
cents ($9.80) an hour. I have called because of knowing the questions that would be asked by
Commissioner Dawkins to minority firms. The average price was nine dollars and twenty-five
cents ($9.25) an hour. I think that, in fact, this warrants to go back out to a bid so that we can
have the best deal available. I do that only because I asked the question about the present firm
there, who is not the one recommended here - both are minority firms - and I was told that the
present firm is on a month -to -month basis, and could be continued on.
Mr. Cesar Odio (City Manager): Yeah but... Commissioner, we went through a whole process,
selection committee...
Commissioner Plummer: Sir, your process... I didn't want to get into it. Now, you want to get
into it, I will.
Mr. Odio: I...
Mayor Clark: No. You want to move to table it?
Commissioner Plummer: Your process was very limited. You did not send out forms.
Mr. Odio: We didn't?
Ms. Judy Carter: That is not true, sir.
201 February 29, 1996
Commissioner Plummer: You did not send out requests.
Mr. Odio: We sent out forms. We sent out forms.
Ms. Carter: Yes, sir. Yes, sir. Yes, sir.
Commissioner Plummer: All right.
Commissioner Dawkins: Mr. Mayor, may I...
Ms. Carter: We issued a Request for Proposal.
Commissioner Plummer: All I'm saying to you - if you did, I stand corrected - if we have the
opportunity to get a better price for the City from minority firms, if you want to limit it, then I
say let's do it. OK?
Mr. Odio: Let me...
Commissioner Dawkins:
Mr. Mayor...
Mr. Odio: Commissioner Plummer, please.
Mayor Clark: All right.
Commissioner Dawkins:
J.L., J.L.
Commissioner Plummer:
Yes, sir.
Commissioner Dawkins:
Will the gentleman who got this bid come to the mike.
Commissioner Plummer:
Yes, sir.
Commissioner Dawkins:
J.L. is right. I mean, I'm just...
Commissioner Carollo: Yeah but...
Commissioner Dawkins:
On the bid, J.L. is correct. What is your margin of profit per hour, sir?
Mr. Gabriel B. Adeife: Seventy-four
cents.
Commissioner Dawkins:
Seventy-four cents.
Mr. Adeife: Yes, sir.
Commissioner Dawkins: And from that, you have to pay what?
Mr. Adeife: I have to pay for golf carts, and pay for the supervisors.
Commissioner Dawkins: And your office...
Mr. Adeife: Clerical staff.
Commissioner Dawkins: ... at your other office, lights, phone.
202 February 29, 1996
Mr. Adeife: Lights, clerical staff and so on.
Commissioner Dawkins: See, this is... I mean...
Commissioner Plummer: Commissioner, all I'm saying to you is...
Commissioner Dawkins: You are right, J.L. I mean, this... this... You're going out of business
with this, with this bid, and you need to give it back to them, just like J.L. said. Let them have it.
Mayor Clark: Can we have a meeting that is not this long? God, this thing would be... This
would...
Commissioner Plummer: You're displacing a black firm that is presently there, and has been
there, who knows the building well.
Mayor Clark: You're replacing it?
Commissioner Plummer: You're recommending it with a black firm. And I'm saying, I
intentionally, so that nothing could be said, called a minority firm, and I was quoted a price of
nine dollars and twenty-five cents ($9.25) for similar services.
Mr. Odio: Yeah, but Commissioner, after a bid has been opened...
Vice Mayor Gort: Opens.
Mr. Odio: ... it's easy to come up with that. But...
Commissioner Plummer: It had nothing to do with it whatsoever, sir.
Mr. Odio: Well, let me tell you something else, Commissioner.
Commissioner Plummer: Mr. Manager...
Mr. Odio: Can I put something?
Commissioner Plummer: ... you want to spend the money...
Mr. Odio: No.
Commissioner Plummer:... I'll go right ahead.
Mr. Odio: I want to be fair.
Commissioner Carollo: It's not a matter of spending the money, J.L. Let me explain to you the
area that we should be more concerned about. In fact, I'll bet you right now, I could call firms in
Miami that would give you a price even maybe as low as seven dollars ($'), seven -fifty an hour.
What we should be concerned about is that - and this has to be part of the contract - that the six -
fifty an hour that he claims he will pay the employees, that that's the minimum that he will pay
the employees. Because what the problem will be is that for six -fifty an hour, you can get a
much better person than you can at a much lower price. And there will be people that will pay
four -fifty an hour to an employee, and I will tell you right now, there's no way that you're going
to get the same quality personnel at four -fifty an hour that you could get at six -fifty an hour.
203 February 29, 1996
Mayor Clark: Well, you've been in the business, you should know.
Commissioner Carollo: Of course, I know the business.
Commissioner Plummer: Joe, I... I don't dispute that.
Commissioner Carollo: Now, I will also tell you that regardless if he says he's making seventy-
four cents an hour, he'll probably make around a buck and a quarter an hour. But of course, that
depends on how well he can manage the people that he has there, if he doesn't run into overtime.
If he manages them well, he should make about a buck and a quarter an hour. If he doesn't, then
he's going to make seventy-four, a dollar an hour. It will depend on the overtime that he would
accrue. But the nine -eighty an hour, I think, is fair. If you look at firms like Wackenhut and
some of the others, you're going to be paying more than this. What... I think nine -eighty is a
fair amount. I don't know this gentleman. I just saw him today...
Commissioner Plummer: I don't either.
Commissioner Carollo: ... for the first time. We should check the company out, to make sure
that they've been around for a while. I'm sure you've done that. The nine -eighty is a fair price
in today's market. Can you get cheaper? Yes. But you're also going to get a lower quality of
personnel.
Commissioner Plummer: Well, Joe, that's the way you write...
Commissioner Carollo: The important part is that in the contract, we have to have it clearly
stated that he will pay no less than six -fifty an hour.
Mr. Odio: Let me say this, if I may. The
people. They are very good employees, but
points because they were not City, and he is.
Ms. Carter: This is a certified vendor.
company that we have there now, I like all those
they were not City certified, so they lost by five
Mr. Odio: It's a certified vendor in the City of Miami.
Commissioner Carollo: Well, that's why we have the bid process.
Mayor Clark: Let's move it. Move it, then, if you want to.
Commissioner Carollo: I move it.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Mayor Clark: Call the roll.
204 February 29, 1996
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-125
A RESOLUTION (Pending the Law Department.)
(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
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: Commissioner J.L. Plummer, Jr.
ABSENT: None.
Mr. Adeife: Thank you.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For the reasons so stated, I have to vote no.
205 February 29, 1996
----------------------------------------------- --------------------------------------- --------------------------
50. DISCUSS AND DEFER PROPOSED RESOLUTION TO AUTHORIZE
REALLOCATION OF $100,000 FROM COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM FUNDS (PREVIOUSLY AWARDED
FOR OVERTOWN YWCA EXPANSION, PROJECT 705606) TO CITYWIDE
COMMERCIAL FACADE TREATMENT PROGRAM (PROJECT 799602), TO
REHABILITATE BUSINESS PROPERTIES IN ALL 8 COMMUNITY
DEVELOPMENT TARGET AREAS, ALLOCATING $22,400 (FROM
PROJECT 799602) TOWARD REHABILITATION OF 16 BUSINESSES IN
ALLAPATTAH AND EDISON / LITTLE RIVER TARGET AREAS.
Mayor Clark: Item number 71.
Commissioner Plummer: Mr. Mayor, I have had a number of people... Is this the one?
Vice Mayor Gort: This is the facade rehab.
Commissioner Plummer: Is this the one? Yeah.
Mr. Elbert Waters: Seventy-one, 71.
Commissioner Plummer: Mr. Benjamin came to me this morning, and I think that there has to
be consideration, or at least a justification on the record. I'm all for the program in Allapattah,
but you're taking the money from Overtown.
Mr. Waters: No, sir.
Commissioner Plummer: Excuse me.
Commissioner Carollo: Did they have a contingency amount in this one here? Call them back.
Commissioner Plummer: Excuse me. Previously awarded from the Overtown YWCA (Young
Women's Christian Association) expansion. And you're giving it to Allapattah. I love
Allapattah, I do everything in the world I can to help them, but when you're taking from one to
give to another, I got a problem.
Mr. Waters: No, sir. What is...
Commissioner Plummer: Put it on the record, if it's justified.
Mr. Waters: What is occurring, yes, sir. What... Item 71, what staff is requesting is that to
reallocate one hundred thousand dollars from a previously funded Overtown YWCA expansion
and to allocate those dollars into the Commercial Facade Improvement Program. The YMCA
(Young Men's Christian Association)...
Commissioner Plummer: Why wouldn't those dollars go...
Mr. Waters: If I may, sir. The YMCA has contacted staff and had indicated that they would be
unable to fulfill their obligations as it relates to this particular project. And so when that
money... When they proffered that, we decided since the account in the Commercial Facade
Improvement Program was low, we reallocated that to...
206 February 29, 1996
Commissioner Plummer: Why wouldn't you put that money back into the Overtown area?
That's my question. I mean, the people that came here to complain to me this morning said,
"Hey, we're not trying to say don't give anything to Allapattah," and I'm all for that, and so were
they. "But don't give them our money." If it was dedicated money to Overtown, it should be
dedicated to Overtown. Now, I think you got... You know...
Commissioner Dawkins: What I need to know from Mr. Waters is, the hundred thousand dollars
that was given to the YWCA, where did it come from?
Mr. Waters: Community Development, sir.
Commissioner Dawkins: Sir?
Mayor Clark: Community Development.
Mr. Waters: It came out of our Community Development Block Grant Program,
Commissioner Dawkins: What part of the Community Development?
Vice Mayor Gort: Capital improvement.
Commissioner Dawkins: Beg your pardon?
Mr. Waters: It's in our Commercial...
Commissioner Dawkins: No, no, no. Not the...
Mr. Waters: You know... You're talking about Over...
Commissioner Dawkins: No. No, no, no.
Mr. Waters: I'm sorry. No, no. I'm... If I may.
Mayor Clark: God, let's don't get started on this again. Jesus.
Commissioner Dawkins: Mm-hmm, go ahead. Where did it come from?
Mr. Waters: Those dollars came from our 1988 14th Year Community Development Block
Grant Program.
Commissioner Dawkins: No. These funds came from housing of that part you're talking about.
Mayor Clark: Whatever.
Commissioner Dawkins: And so it should... Yes. So it should go back, as J.L. Plummer said,
into housing. It should not go into facade.
Commissioner Plummer: No, no. Commissioner Dawkins, don't put words in my mouth. I
didn't say housing. I said it should go back into the Overtown area. Whether it's housing or
something else is another story. But what I'm saying is that the people in Overtown, Mr.
Waters, I think, have a legitimate complaint. "Don't deny Allapattah and Edison anything. OK?
But don't take our money," that's what they're saying.
207 February 29, 1996
Commissioner Dawkins: OK. That's doesn't make...
Commissioner Carollo: All right...
Commissioner Dawkins: That's doesn't make sense to me, but I will accept it...
Commissioner Carollo: I want to...
Commissioner Dawkins: Go ahead, I'm sorry.
Commissioner Carollo: I want to ask the Commission to defer this for the next item. I have
some real serious questions on some of this here, and I'd really need to sit down with staff,
because if not, we're going to be taking a lot more time in this meeting, and we're late as it is.
Mayor Clark: Move to defer.
Commissioner Dawkins: Second.
Commissioner Plummer: OK. Well, let me just, in the... In the matter of deferment, Joe, I
would hope, Mr. Waters, that you're going to be able to find the money... to leave this money in
Overtown and find the money for Allapattah from somewhere else. OK?
Mr. Waters: Yes, sir.
Commissioner Plummer: So be it.
Mayor Clark: Very good. Motion to defer. Cast a unanimous ballot, Mr. Clerk
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER CAROLLO AND SECONDED BY
COMMISSIONER DAWKINS, ITEM 71 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.
208 February 29, 1996
----------------------------------------------------------------------------------------------------------------
51. DISCUSS AND DEFER PROPOSED RESOLUTION TO ALLOCATE $14,000
FROM 21ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS (PROJECT 799613) -- FOR REHABILITATION OF TWO
BUSINESSES IN ALLAPATTAH TARGET AREA.
Mayor Clark: Item number 72.
Mr. Cesar Odio (City Manager): We have to defer that one, also.
Commissioner Carollo: Yeah. Number 71, we're deferring and...
Mayor Clark: Seventy-two to defer.
Commissioner Carollo: ... and 72.
Commissioner Dawkins: I... Well I... See, all right. While you're deferring it, when you come
back with 72, tell me why you're spending two thousand dollars ($2,000) to facade in 71 and
you're spending seven thousand dollars ($7,000) per unit for facades in 72. 1 mean at the next
meeting.
Mr. Odio: Pull it, Joe.
Mayor Clark: All right. Item 73.
Commissioner Carollo: Well, we've got to vote upon it.
Commissioner Plummer: You're deferring it.
Mayor Clark: Cast a unanimous ballot.
Commissioner Carollo: On 71 and 72, both, OK.
Mayor Clark: They're both, yeah.
Commissioner Carollo: Mr. Waters, make sure you get a hold of me by next week so we can go
over this. Thank you, sir.
209 February 29, 1996
The following motion was introduced by Commissioner Carollo, who moved its adoption:
MOTION NO. 96-126
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 72 (PROPOSED
RESOLUTION TO ALLOCATE $14,000 FROM 21ST YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO. 799613, FOR THE
REHABILITATION OF TWO BUSINESSES LOCATED IN THE ALLAPATTAH
TARGET AREA, IN CONJUNCTION WITH THE COMMERCIAL CODE
COMPLIANCE PROGRAM); FURTHER, DIRECT ADMINISTRATION TO COME
BACK BEFORE THE CITY COMMISSION TO EXPLAIN WHY THERE WAS A
PROPOSED ALLOCATION OF FUNDING FOR THE COMMERCIAL FACADES IN
THE AMOUNT OF $2,000 IN AGENDA ITEM 71, AND $7,000 IN AGENDA ITEM
72.
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.
Mayor Clark: All right.
----------------------------------------------------------------------------------------------------------------
52. APPROVE / DESIGNATE TACOLCY ECONOMIC DEVELOPMENT
CORPORATION AS SPONSOR -- TO UNDERTAKE DEVELOPMENT OF 4
NEW SINGLE FAMILY HOMES AFFORDABLE TO LOW / MODERATE
INCOME FAMILIES / INDIVIDUALS IN MODEL CITY NET SERVICE
AREA -- ALLOCATE $240,000 FROM CITY'S STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM (SHIP) AND/OR HOME
PROGRAM -- DIRECT ADMINISTRATION TO PLACE PROPOSAL FOR
HOUSING (BASED ON THE PUERTO RICAN MODEL) PROFFERED BY
MANUEL GONZALEZ-GOENAGA AS REGULAR ITEM ON NEXT
AGENDA.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Seventy-three.
Commissioner Dawkins: OK.
Mayor Clark: All right. You on 73?
Mr. Lorenzo Simmons: Yeah.
210 February 29, 1996
Mr. Elbert Waters: Yes, Mr. Mayor. This item...
Mayor Clark: Come forward and identify yourself.
Mr. Waters: Item number 73, the staff is recommending a resolution designating the Tacolcy
Economic Development Corporation as the developer of four single-family homes on four
vacant City -owned parcels within the Model City neighborhood. It also establishes
approximately sixteen thousand eight hundred or 50 percent as a reimbursement to the City for
its cost on site acquisition. Further, we are allocating two hundred and forty thousand dollars
($240,000) from the City's home and/or SHIP (State Housing Initiatives Program) Program for
the purpose of providing construction financing to TEDC (Tacolcy Economic Development
Corporation), and permanent second mortgages to prospective home buyers. What we're doing
is, as a part of a number of vacant properties that we have throughout the City, as I indicated
earlier on, we're trying to conduct in -field housing development, and we're working with TEDC,
among other groups, to fulfill that goal.
Mayor Clark: All right.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: I want to commend you first. This is the first time anybody has come
before this Commission and offered to pay for the land. I commend you for that. OK? That's
number one.
Mr. Simmons: Thank you, Commissioner Dawkins.
Commissioner Dawkins: Number two, what I need to know is, two hundred and forty thousand
dollars ($240,000) plus sixteen -eight gives about sixty-four thousand dollars ($64,000).
Mayor Clark: What?
Commissioner Dawkins: You're being given sixty-four thousand dollars ($64,000) a unit. What
will the units sell for?
Mr. Simmons: Seventy-five thousand.
Commissioner Dawkins: Seventy-five?
Mr. Simmons: Yes.
Commissioner Dawkins: Max?
Mr. Simmons: Yes.
Commissioner Plummer: Whose pocket does the eleven go into?
Mr. Simmons: If it's our pocket, such as a contingency, and it doesn't arise...
Commissioner Carollo: Ha, ha, ha.
Mr. Simmons: Oh, oh. Hopefully the CDC (Community Development Corporation).
211 February 29, 1996
Commissioner Carollo: So you got one of those... contingency bucks too.
Mr. Simmons: Yes.
Commissioner Dawkins: OK. I'd like to say that, Mr. Manager, we treat this the same as we
treated the Knight Manor. He comes before us - not "he," I don't mean you. I mean the
organization -
Mr. Simmons: Right.
Commissioner Dawkins: - bring a schematic, show what it looks like, bring floor plans showing
what size the rooms will be, and the cost per unit guaranteed. And when that is here, then you
begin to negotiate other things.
Mayor Clark: All right.
Mr. Waters: That's fine, Commissioner. They're using our plan. No problem.
Commissioner Plummer: Let me ask a question.
Commissioner Dawkins: But bring whatever it is here for me to see.
Commissioner Plummer: I have a question.
Commissioner Dawkins: What plan you got they're using?
Commissioner Plummer: The Saint Hugh Oaks.
Commissioner Dawkins: The Saint Hugh Oaks? The Saint Hugh Oaks plan?
Mr. Jeff Hepburn: No, no, no. Commissioner, you know, we've built about 18 houses in Model
City alone.
Commissioner Dawkins: All right.
Mr. Hepburn: The City has previously. We've getting out of that business.
Commissioner Dawkins: OK.
Mr. Hepburn: We've learned our lesson.
Commissioner Dawkins: What did we sell the houses for that we built on our lots?
Mr. Hepburn: This was prior to Hurricane Andrew. They were selling for sixty thousand dollars
($60,000).
Commissioner Dawkins: Fifty-nine thousand.
Mr. Hepburn: That's correct.
Commissioner Dawkins: All right. What are you selling them for now?
Mr. Hepburn: We're not in the business in terms of that particular type anymore. So I don't
have an indication at this point.
212 February 29,1996
Mayor Clark: All right.
Commissioner Dawkins: All right. Well, I...
Mr. Hepburn: But prices have gone up since Hurricane Andrew, as far as the South Florida
Building Code and those kind of things.
Commissioner Dawkins: I have no problems with what we are doing. I'm glad to see
organizations get out of this non-profit mode and start doing something for profit.
Mayor Clark: And contingency.
Commissioner Dawkins: See? A profit with contingency. I don't have a problem with it. But
everyone else out there will have to meet this criteria. And that's why I want to see the floor
plan.
Mayor Clark: Yeah, good idea.
Commissioner Dawkins: I want to see what size the rooms are, because I'm not going to give
somebody else sixty thousand dollars ($60,000) and let them come in with a nine -by -nine, you
know, and I'm forcing... and I'm forcing... No, no, no. And I'm forcing you to come in with 14-
by-10. That's unfair. OK?
Mr. Simmons: OK. OK.
Commissioner Dawkins: So they'll have to meet the same criteria that you meet. That's all.
Mr. Simmons: Commissioner Dawkins, I agree, and I think we're starting, taking your existing
drawings. At that time, you had about a 1300 square foot model, using that as the basis. So it
probably will work out closer to 1400 square feet. We also allocated, as you know, and I think
most of the people on the Commission know, that each unit now will cost an extra two thousand
dollars ($2,000), because of the school impact fee. So that's been factored also into these costs.
Commissioner Dawkins: Just bring all that on the chart next time and let me see it, that's all.
Thank you.
Mayor Clark: Is there a motion on the item?
Commissioner Plummer: What..
Commissioner Dawkins: Move it. The question...
Commissioner Carollo: Second.
Commissioner Plummer: I have a question.
Commissioner Carollo: Second.
Commissioner Plummer: What do we have, in comfort, that these houses will not be sold for
speculation?
Commissioner Dawkins: Nothing, no more than you've got on Saint Hugh.
213 February 29, 1996
Commissioner Plummer: We haven't even sold a damn one of them.
Commissioner Dawkins: Yeah, but you got nothing to... You got nothing in there to ensure that
they don't go for speculation.
Mr. Odio: We have...
Commissioner Plummer: What do we have if... I'd like to know that, if they sell that house
within five years after they buy it for a profit, that the City is going to stop them from doing it.
Mayor Clark: You can't do that.
Vice Mayor Gort: You can't do that. It's illegal.
Commissioner Plummer: You're saying they can buy it... I can go out there and buy all four of
them, if I'm the high bidder...
A. Quinn Jones, III, Esq. (City Attorney): If the lender...
Commissioner Plummer:... and I can buy them for speculation.
Mr. Jones: Well, normally, the lender will place... may place a contingency on, you know, in
terms of granting a loan, but in our experience, that is a... that's a restrain on alienation, which I
don't think would hold up.
Mayor Clark: OK. We got a motion and a second.
Commissioner Carollo: There's a second.
Mayor Clark: Call the roll.
Commissioner Plummer: Good luck.
Commissioner Carollo: Mr. Mayor, we need to include a reverter clause in there that should also
stipulate that it will return to the City if it's used for homeless, drug rehab place...
Commissioner Plummer: Not once they sell it.
Commissioner Carollo: ... or mental health programs.
Mayor Clark: Good idea.
Commissioner Dawkins: That's very good, very good. Well, we can put that in there.
Commissioner Plummer: He says that there would be a reverter if it was used for homeless, or...
any of that.
Mayor Clark: You want to speak, Gonzalo?
Mr. Manuel Gonzalez-Goenaga: Yes.
Mr. Jones: You mean the funds that the City is giving?
Commissioner Plummer: No. The housing.
214 February 29, 1996
Mr. Jones: Well, that... Again, that's... Again, that's...
Mayor Clark: Please, please, please. Pay attention.
Mr. Gonzalez-Goenaga: I was for a month and a half in Puerto Rico, and I studied, and I
brought to Miami the Social Housing Program of Puerto Rico, where land is much more
expensive than here. And there, we sell houses at... three rooms for a maximum of thirty
thousand dollars ($30,000). Whenever you, Mr. Odio, you are ready to receive me without
accusing of stalking you...
Commissioner Plummer: "Oye," cuckoo.
Mr. Gonzalez-Goenaga: ... I will be more than delighted to make a full presentation to this
Commission. And let me tell you...
Commissioner Carollo: Put him on the agenda.
Mr. Gonzalez-Goenaga: Puerto Ricans, we might sound fool, but it's a reality, and this program
has been working there for more than ten years.
Mayor Clark: Good. Good idea.
Mr. Gonzalez-Goenaga: And anybody that is smart enough to hear my presentations...
Mayor Clark: Bring it to us.
Mr. Gonzalez-Goenaga: ... because of what I have heard today, they wouldn't understand it.
Mayor Clark: Listen. Bring it to us. We'll schedule you on the agenda at a certain time and let
you explain the whole thing.
Mr. Gonzalez-Goenaga: Thank you very much.
Commissioner Carollo: Mr. Manager, did you hear the Mayor? He wants him placed on the
agenda for next meeting, so Mr. Goenaga can present it.
Mayor Clark: Bring his plans and...
Mr. Gonzalez-Goenaga: In public housing.
Mayor Clark: Yes, sir. All right, fine.
Mr. Gonzalez-Goenaga: And I will...
Mayor Clark: Cast a unanimous ballot on that last vote.
Commissioner Carollo: Public housing, yeah.
215 February 29, 1996
The following resolutions were introduced by Commissioner Dawkins, who moved their
adoption:
RESOLUTION NO. 96-127
A RESOLUTION, WITH ATTACHMENT, APPROVING AND DESIGNATING
TACOLCY ECONOMIC DEVELOPMENT CORPORATION, A NOT -FOR -PROFIT
CORPORATION, AS SPONSOR, TO UNDERTAKE THE DEVELOPMENT OF
FOUR (4) NEW SINGLE FAMILY HOMES AFFORDABLE TO FAMILIES AND
INDIVIDUALS OF LOW AND MODERATE INCOME ON FOUR (4) CITY -OWNED
VACANT PARCELS LOCATED IN THE MODEL CITY NET SERVICE AREA,
WHICH ARE MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE
ATTACHED EXHIBIT "A", SUBJECT TO: 1) THE SPONSOR COMPLETING
CONSTRUCTION WITHIN TWELVE (12) MONTHS FROM THE DATE OF THIS
ACTION; 2) ESTABLISHING $16,800 AS THE REIMBURSEMENT AMOUNT TO
BE PAID BY THE SPONSOR TO THE CITY OF MIAMI FOR SAID PARCELS FOR
ITS COST OF SITE ACQUISITION; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE APPROPRIATE LEGAL DOCUMENTS, IN FORMS ACCEPTABLE
TO THE CITY ATTORNEY, CONVEYING SAID PARCELS, SUBJECT TO
CERTAIN TERMS AND CONDITIONS; ALLOCATING FUNDING IN THE
AMOUNT OF $240,000 FROM THE CITY'S STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM (SHIP) AND/OR HOME PROGRAM FOR THE
PURPOSE OF PROVIDING CONSTRUCTION FINANCING AND PERMANENT
SECOND MORTGAGE FINANCING TO THE SPONSOR IN CONNECTION WITH
SAID PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
MOTION NO. 96-127.1
A MOTION STIPULATING THAT THE TACOLCY ECONOMIC DEVELOPMENT
CORPORATION AFFORDABLE HOUSING PROJECT ON FOUR CITY -OWNED
VACANT PARCELS LOCATED IN THE MODEL CITY NET SERVICE AREA (1758
N.W. 48 STREET, 1755 N.W. 55 TERRACE, 1761 N.W. 55 TERRACE AND 1761
N.W. 47 STREET) SHOULD NOT CONSTRUCT FACILITIES IN FURTHERANCE
OF HOMELESS, DRUG REHABILITATION OR MENTAL HEALTH PROGRAMS,
OR ELSE SAID PROPERTY WILL REVERT BACK TO THE CITY OF MIAMI.
Upon being seconded by Commissioner Carollo, the resolution and motion were 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.
216 February 29, 1996
----------------------------------------------------------------------------------------------------------------
53. APPROVE FUNDING OF: (1) CHRISTIAN COMMUNITY SERVICE
AGENCY ($1,245,000), (2) ECONOMIC OPPORTUNITY FAMILY HEALTH
CENTER ($1,345,000), (3) DADE COUNTY HUMAN RESOURCES
DEPARTMENT, OFFICE OF COMMUNITY SERVICES ($150,000), AND (4)
LOCK TOWNS COMMUNITY MENTAL HEALTH CENTER ($120,000) --
TO PROVIDE HOUSING / RELATED SERVICES TO PERSONS WITH HIV /
AIDS / RELATED DISEASES -- ALLOCATE FUNDS FROM 1995 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT
PROGRAM.
Mayor Clark: All right. On number seventy...
Commissioner Dawkins: Seventy-four.
Mayor Clark: Seventy-four.
Commissioner Dawkins: Seventy -three -A, I think.
Vice Mayor Gort: Seventy -three -A.
Mayor Clark: Seventy -three -A. That's what these people are here on. Organizations for...
Commissioner Dawkins: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: What are the four organizations?
Commissioner Dawkins: Christian...
Mr. Elbert Waters: For the record...
Mr. Cesar Odio (City Manager): Yeah, go ahead.
Commissioner Dawkins: Christian Community Service, Inc., Economic Opportunity Health
Center, Metropolitan Dade County Human Resource Center, and Lock Towns Community
Mental Health.
Commissioner Carollo: Second.
Mayor Clark: All right. Any discussion?
Commissioner Carollo: Seventy -three -A.
Mayor Clark: No discussion. Call the roll.
217 February 29, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-128
A RESOLUTION APPROVING THE FUNDING OF FOUR (4) ORGANIZATIONS
("SERVICE PROVIDERS") AS HEREIN SPECIFIED, FOR THE PROVISION OF
HOUSING AND RELATED SERVICES TO PERSONS WITH HIV/AIDS OR
RELATED DISEASES; ALLOCATING FUNDS THEREFOR FROM THE 1995
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT
PROGRAM; 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
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: It's been approved.
(APPLAUSE)
218 February 29, 1996
----------------------------------- ----------------------------------------------------------------------------
54. AUTHORIZE MANAGER TO EXECUTE SUPPLEMENTAL JOINT
PARTICIPATION AGREEMENT NO. 2 WITH FLORIDA DEPARTMENT OF
TRANSPORTATION -- FOR CONTINUED / ADDITIONAL FUNDING
ASSISTANCE ($352,000) FOR WATSON ISLAND AIR TRANSPORTATION
FACILITY.
---------------------------- -----------------------------------------------------------------------------------
Mayor Clark: Item number 75.
Commissioner Plummer: What about 74?
Mayor Clark: It's been deferred.
Mr. Cesar Odio (City Manager): Withdrawn.
Commissioner Dawkins: Seventy-five.
Mayor Clark: Please, folks, leave quietly. Seventy-five...
Commissioner Dawkins: Move it.
Mayor Clark: Second. Cast a unanimous ballot, if no exception.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-129
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION, FOR CONTINUED AND
ADDITIONAL FUNDING ASSISTANCE IN THE AMOUNT OF $352,500.00 FOR
THE WATSON ISLAND AIR TRANSPORTATION FACILITY, WITH THE LOCAL
MATCH OF AN EQUAL AMOUNT TO BE IDENTIFIED PRIOR TO THE
EXPENDITURE OF SAID FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, 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.
219 February 29, 1996
----------------------------------------------------------------------------------------------------------------
55. DISCUSS AND DEFER PROPOSED RESOLUTION TO DESIGNATE THE
NEW WORLD CENTER FOUNDATION, INC., d/b/a THE DOWNTOWN
MIAMI COMMUNITY DEVELOPMENT COALITION (COALITION) AS
PROJECT SPONSOR, WORKING WITH ST. JOHN'S COMMUNITY
DEVELOPMENT CORPORATION, INC., FOR DEVELOPMENT OF 100
UNITS OF AFFORDABLE HOUSING ON OVERTOWN / RIVERSIDE SITE
(LUMMUS PARK AND N.W. N. RIVER DRIVE), ALLOCATING FUNDING
TO COALITION FROM ANTICIPATED PROCEEDS FROM 1976 GENERAL
OBLIGATION HOUSING BONDS AND 1986 SPECIAL REVENUE BONDS:
$1,000,000 TO DEFRAY COST OF PROPERTY ACQUISITION AND $50,000
FOR OTHER ASSOCIATED COSTS.
Mayor Clark: Seventy-six has been deferred. Seventy-seven. Let's hear the item on 77.
Somebody got a motion?
Commissioner Dawkins: Yeah. I move that this be denied.
Mayor Clark: Denied
Commissioner Dawkins: Yes, sir.
Commissioner Plummer: Well, since I don't understand your reason for denial, I'll make a
motion to defer, so that I can understand so that I can understand what your denial is for.
Commissioner Dawkins: OK. OK. I'll put it to you in writing, J.L., you know, so they won't
say we violated the Sunshine Law.
Commissioner Plummer: OK.
Commissioner Dawkins: I'll send you something in writing.
Mayor Clark: All right, fine.
Commissioner Plummer: I'll move that it be deferred.
Mayor Clark: Motion to defer. Cast a unanimous ballot, Mr. Clerk.
NOTE FOR THE RECORD: At this point, agenda item 77 was
e erre .
220 February 29, 1996
------------------------------------------------ ---------------------------------------------------------------
56. ACCEPT BID: CRYSTAL SPRINGS WATER COMPANY -- FOR
FURNISHING DRINKING WATER SERVICES -- ALLOCATE $40,000.
Mayor Clark: Seventy-eight.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second? Is there a second?
Commissioner Dawkins: Which one? What is it?
Commissioner Plummer: Seventy-eight.
Commissioner Dawkins: Second, second.
Mayor Clark: Cast a unanimous ballot if there's no exception.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-130
A RESOLUTION ACCEPTING THE BID OF CRYSTAL SPRING WATER
COMPANY FOR THE FURNISHING OF DRINKING WATER SERVICES FOR
VARIOUS CITY DEPARTMENTS AND OFFICES, ON AN AS NEEDED BASIS FOR
A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL ESTIMATED ANNUAL
COST OF $40,000.00; ALLOCATING FUNDS THEREFOR FROM THE FY '95-96
OPERATING BUDGETS OF THE USING DEPARTMENTS AS NEEDED;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SERVICES
AND THEREAFTER TO EXTEND SAID CONTRACT FOR TWO ADDITIONAL
ONE (1) YEAR PERIODS, AT THE SAME PRICE, TERMS, AND CONDITIONS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
221 February 29, 1996
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.
------------------------------- (--------------------------------------------
57. ACCEPT BIDS: 1) WARREN FENCE COMPANY, INC., (2) GOMEZ & SON
FENCE COMPANY, AND (3) AZTEC ROOFING COMPANY -- FOR
FURNISHING FENCING SERVICES -- ALLOCATE $20,000.
Mayor Clark: Item 79.
Commissioner Dawkins: Move it.
Commissioner Plummer: Second.
Mayor Clark: If there's no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-131
A RESOLUTION ACCEPTING THE BIDS OF WARREN FENCE COMPANY, INC.,
GOMEZ & SON FENCE COMPANY, AND AZTEC ROOFING COMPANY FOR THE
FURNISHING OF FENCING SERVICES FOR VARIOUS CITY DEPARTMENTS,
ON AN AS NEEDED BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT A
TOTAL ESTIMATED ANNUAL COST OF $20,000.00; ALLOCATING FUNDS
THEREFOR FROM THE FY '95-96 OPERATING BUDGETS OF THE USING
DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
SERVICES AND THEREAFTER TO EXTEND SAID PURCHASE CONTRACTS
FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICE, TERMS
AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
222 February 29, 1996
N
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.
----------------------------------------------------------------------------------------------------------------
58. (A) DISCUSSION CONCERNING (1) PROTEST OF BELTRAN,
ALEXANDER & ALEXANDER (RFP 93-94-166 FOR INSURANCE
BROKER SERVICES), AND (2) PROPOSED RESOLUTION TO
ACCEPT PROPOSAL OF ARTHUR J. GALLAGHER AND
COMPANY, FOR FURNISHING INSURANCE BROKERAGE
SERVICES.
(B) APPOINT NEW COMPETITIVE SELECTION COMMITTEE IN
CONNECTION WITH RFP 93-94-166 FOR INSURANCE
BROKERAGE SERVICES -- STIPULATE THAT COMMISSION
PROFFER NOMINEES IN WRITING.
Mayor Clark: Number 80.
Commissioner Dawkins: Whoa.
Commissioner Carollo: No contingency on this one, huh?
Commissioner Dawkins: Whoa, now.
Mayor Clark: What?
Commissioner Dawkins: Here we go with 80.
Ms. Judy Carter: I don't know if all the parties are here.
Mayor Clark: Approving the Chief Procurement Officer's decision to reject a protest of...
Ms. Carter: I believe we have...
Mayor Clark: Are you going to protest this, Mr. Beltran? Come up and protest.
Commissioner Dawkins: OK, 81. Let me see what...
Commissioner Carollo: Is this 80 we're on now?
Mayor Clark: I'm on 80.
223 February 29, 1996
Commissioner Carollo: Eighty.
Commissioner Dawkins: Eighty? Eighty, yeah, we're in 80 now. OK.
Commissioner Carollo: Yeah, 80.
Mayor Clark: Eighty and 81. Go ahead.
Commissioner Carollo: We better get ready for this one.
Mayor Clark: I'm ready.
Ms. Carter: I believe we have Mr. George Knox as representing Gallagher and Associates.
Mayor Clark: All right, fine. Very good, Mr. Knox. Who is the Chief Procurement Officer, Mr.
Manager?
Ms. Carter: I am, sir.
Mayor Clark: All right, fine. You be ready.
Mr. George Knox: Thank you very much, Mr. Mayor and members of the Commission. My
name is George F. Knox. I'm an attorney with offices at 2601 South Bayshore Drive, Suite
1600, and I represent Arthur J. Gallagher and Company. Arthur Gallagher was selected as a
result of a process conducted by yourself, by your Risk Management Board of Trustees, pursuant
to your Code of Ordinances to provide brokerage services for the City of Miami. This selection
was made in June of - or in May - of 1995. There was a protest filed by Beltran, Alexander and
Alexander in May of '95. And your City Manager and your City Attorney, along with the staff
reviewed the protest and indicated that the protest was without merit. The Commission was
notified in July of 1995 to the effect that the protest was without merit. And the matter was
presented to the Commission on two separate occasions. And on both occasions, the matter was
deferred. Tonight, I appear on behalf of Arthur J. Gallagher and Company to simply ask you to
support the recommendations of your Selection Committee, which went through an entire
selection process. To support the recommendations of your City Manager with respect to the
selection of Gallagher. To support your City Manager and your City Attorney when they advise
you that the protest of Beltran, Alexander and Alexander is without merit, to award the contract,
after more than a year, where Alexander and Alexander has enjoyed the privilege of operating
from month to month, in spite of the fact that they were the losers in a competitive selection
process. We suggest to you that you failure to move forward at this point will continue, nothing
more than a windfall, and would operate to continue a fundamental unfairness against Arthur J.
Gallagher and Company. And I ask you to consider, as you consider the presentation, the fact
that almost two years have passed since the RFP (Request for Proposals) was issued. A year has
passed since the selection was made by your selection committee. But the incumbent has
continued to be able to provide services and receive the City's resources in exchange for those
services. The matter has reached, I believe, a very important and perhaps critical stage now,
because it is necessary for the City to obtain insurance, going into fiscal 1996. We assert,
without hesitation, that there is reason to believe that Alexander and Alexander, during the
period of time that they operated from month to month, and during the period of time of the
pendency of the so-called protest, are simply enjoying the benefits of their status as lame duck
incumbents to the legal and policy detriment of Gallagher and Company, who were selected by
your staff - well, recommended by your staff - selected by your selection committee, are
otherwise qualified, and have been for more than a year, ready, willing and able to perform the
contract that they are entitled to perform. And we ask you, after listening to a redundancy, if you
224 February 29, 1996
will, that you simply direct your staff to execute the contract that will be presented to you as item
number 81. And I, along with the principals of Gallagher, will be here to answer any questions
that you might have, Thank you.
Mayor Clark: Thank you, sir. Thank you very much. Yes, ma'am.
Ms. Lucia Dougherty: Good evening, Mr. Mayor and members of the Commission. My name is
Lucia Dougherty, with offices at 1221 Brickell Avenue, here today representing Alexander and
Alexander. And our request to you of... Johnny Beltran, by the way, who is the president, is
here, Jorge Andino is here, as well as Mikael Hammid, with Beneficial Financial Group...
Mayor Clark: Excuse me, just a moment.
Ms. Dougherty: Yes, sir.
Mayor Clark: Where's our two colleagues? What happened? There's only three here now?
Commissioner Plummer: That's the way I count.
Mayor Clark: That's all it takes, so, all right, continue.
Ms. Dougherty: ... Beneficial Financial Group, which is the... our co -broker, and a co -broker
earning 25 percent of the work, as well as 25 percent of the fees. We are here in protest of the
award to Gallagher and Basset. We would ask the Commission to either reject all of the bids or
award it to your incumbent, which is Alexander and Alexander. And I have three reasons to ask
for this. One is minority participation and affirmative action; second is the selection process
itself; and thirdly is the great service that Alexander and Alexander has been giving the City
since 1991. With respect to minority participation, your RFP required it. And your contract,
which is contained in item number 81, actually on page 19, requires that 25 percent be given to
the minority broker. The minority broker for Gallagher and Bassett is a company name Rubicks
Corporation, located at 14235 Southwest 96th Terrace. And in their bid, which is found on page
4 of this same handout you have, it says that Rubicks will receive over three years ten, 20 and 30
percent of the revenues from this contract. And then it was clarified. It says... Judy Carter
writes a letters and says that it was clarified, because Rubicks, in fact, they stated that Rubicks,
the sub -consultant, would receive 30 percent of the contract revenues. Well, in looking at this
business address for Rubicks Corporation, I notice that that is a residential address. So I called.
I looked in the phone book for the telephone number of Rubicks, and it's not listed. So then I
went to Bresser's and did a reverse look at the telephone number, and I called the number that is
associated with this address, and that number doesn't answer. It doesn't receive incoming phone
calls. So we have a minority sub -consultant receiving 30 percent of the work that doesn't have a
business address, and it doesn't have a business telephone, but they do have an occupational
license. They said they have one employee. They are going to have 30 percent of the work.
Well, this made me curious. So I then wrote to the Department of State, and I asked them, "Are
the three officers licensed" - the three officers of the corporation being Ruby Fraser, Robin
Fraser, and Felix Fraser - "Are they licensed to do property and casualty work, which is this kind
of insurance?" And, in fact, they're not. And I want to put this in the record. This is from the
Department of Insurance saying that neither Ruby or Robin Fraser have any kind of license.
And Mr. Felix Fraser has a health license. So in the State of Florida, if Mr. Ruby... If anybody
in Rubicks Corporation were to receive even one dime, it would be a crime. They cannot, under
the State of Florida Statutes, they cannot receive money, they cannot represent themselves to be
an agent, they cannot engage or hold themselves out engaging in any kind of business or transact
any business, they cannot directly or indirectly cause to be made or attempt to be made any
contract of insurance. So, it would be a crime under... This is Florida Statute 626.041. And
624.15 says it would be a misdemeanor to receive any money or to transact any business. Then
225 February 29, 1996
the next thing, if you look on your page 81, they say there are six things that they considered.
Minority participation and affirmative action. So if you look at their affirmative action report for
Gallagher and Bassett, which is found on page 9 of this addendum, they don't have an
affirmative action plan, whatsoever, none. Our has been in effect since 1980. You'll find that
on page 6 of this same handout. Secondly, we'd like to talk about the process. We think the
process has been flawed, right from the very beginning. And I just have a couple of examples.
We can go through every one of the questions. I'm going to give you just two examples. This is
a... 17 questions that were given to - by the selection committee - to the various bidders.
Mayor Clark: Incidentally... Hold it, just a moment. Who was on the selection committee?
Vice Mayor Gort: Gimenez, Mano and Warshaw.
Ms. Dougherty: Gimenez, Manohar Surana, and Chief Warshaw, and Chief Gimenez.
Commissioner Plummer: Nobody from the outside, the public sector?
Ms. Carter: No, sir. According to Section 1859 of the City Code, the Board of Trustees shall be
responsible for purchases, exchanges and investments as it relates to the Trust. That mirrored
the selection committee.
Mayor Clark: All right, go ahead.
Ms. Dougherty: So just to give you an example, just two of them... And I could go through
every single one of them, and we went through them in detail, but I'm going to give you two of
the most blatant examples. The first one is number of years licensed in Dade County. You will
see in that same sheet that we answered we've been licensed in Dade County since 1960. They
answered they've been in Dade County since 1977. Notwithstanding that, the committee gave
them higher points. You notice that there is six, six and six, and our is five, five and six. That's
one example. The second one... And I bring this one up because it's the one that has the most
money - I mean the most points. It's compensation fees for commissions. You'll see that
Gallagher has received 14, 14, 13 and Alexander and Alexander, 12, 12, and 12. But look at
how they both answer the question. "Will you operate on a fee basis or a commission from the
placement of insurance program?" Alexander and Alexander: "Preferably commission, but
we'll negotiate a fee if desired." Gallagher says: "Either of the alternatives, whichever best
serves the City." It's an identical answer. Second one: "Please describe how your firm's
compensation will be determined." "By the commission percentage allowed by the
underwriters," which, incidentally, is how all insurance brokerages get paid, and that's how your
contract provides for it to be paid. The answer by Gallagher: "Based on the scope of the firm's
coverage, type of policies and services desired by the City of Miami." Same answer. For all
intents and purposes, this is the same answer. But nevertheless, for that answer, they received
14, 14, and 13, and we received 12, 12, and 12. Again, the process was flawed, not only because
of the minority participation and the affirmative action plan, which doesn't exist for them, but
the process was flawed from the very beginning. And thirdly, the reason we think,
notwithstanding the process, that you ought to give it to Alexander and Alexander is because
they've been providing fantastic service to the City since 1991. They are the second largest
insurance company in the world. Gallagher and Bassett is the eleventh largest insurance
company in the world. Now, one of the reasons that they give - the City gives - because they
think that Gallagher and Bassett would give good service is because, in fact, they handle Dade
County, the School Board, and other governmental agencies. Well, I ask you, wouldn't you
rather be the one and only government agency serviced by an insurance brokerage, as opposed to
one that comes behind Dade County and the School Board, and other governmental agencies?
Wouldn't you want to be the one that is most special to them? And, in fact, that's what
happened. During Hurricane Andrew, our... my client took up in a helicopter with your people.
226 February 29, 1996
They flew all over the City. They assisted them. They saved them thirty thousand dollars
($30,000) because you failed to pay a claim on time - I mean failed to pay a commission on time.
They've worked very, very hard for the City of Miami since 1991, and, in fact, here's the most
telling example of it. I'm going to show you a newspaper article which shows that Dade County
paid ten times their old premium. Instead of paying two hundred million - excuse me - instead
of paying seven hundred thousand dollars, they were then going to be paying seven point five
million dollars ($7.5 million) for the same coverage. The School Board... By the way,
Gallagher and Bassett is their insurance broker. After Hurricane Andrew, the School Board,
likewise, tremendous increases in premiums. But for your insurance brokerage, your premiums
didn't go up for at least two years after Hurricane Andrew. Theirs was immediately after. So
they've been giving you great service. They have a real African -American co -broker, not a
subcontractor that doesn't have a license, doesn't have an office, doesn't even have a telephone
number, has one employee to do 30 percent of the work, which would be a crime to do in the
first place. They've given you great service, and we'd ask that you either reject all the bids, or
award it to Alexander and Alexander.
Mayor Clark: Let me ask one question. How much are the premiums in a year's time did the
City pay?
Ms. Dougherty: I don't know the answer.
Mr. Manuel Gonzalez-Goenaga: May I add something?
Commissioner Plummer: What was your question, Mr. Mayor?
Mr. Gonzalez-Goenaga: I am...
Mayor Clark: What... Just a moment. Just a moment.
Mr. Gonzalez-Goenaga: OK.
Mayor Clark: How much are the premiums?
Mr. Gonzalez-Goenaga: I love to speak in favor of Alexander and Alexander, and I have strong
reasons for it.
Mayor Clark: OK. I just wanted to know what the premium that's paid every year was by the
City to Alexander and Alexander, or whoever was the broker.
Unidentified Speaker: Two million dollars.
Mayor Clark: Two million?
Unidentified Speaker: Two million were the premiums that we received.
Mayor Clark: Yes, sir.
Unidentified Speaker: (Inaudible, speaking off microphone).
Mayor Clark: Yes, sir. Right. OK. All right, Mr. Gonzalez, go ahead. You can use this mike.
Mr. Gonzalez-Goenaga: I don't need the mike. What about this one?
Mayor Clark: Well, either one.
227 February 29, 1996
Mr. Gonzalez-Goenaga: Well, in addition to the marvelous presentation of an attorney that
sometimes I am against her, since I don't have any conflict of interest, since I am a man of
honor, honesty and integrity, I want to make a little disclosure. My brother is a shareholder of
Alexander and Alexander when they sold, and when Alexander and Alexander purchased Barros
y Carrion, the largest brokerage firm in Puerto Rico. But that's beside the point. Alexander and
Alexander is a highly rated insurance company. And when things go bad, my friend, is when we
have to find out... In other words, we don't know how reliable and how strong are the other
companies, but we do know that Alexander and Alexander is number two in the nation. We
might have an invasion from Cuba, a Turkey Point explosion. Who knows. Because we are
"provocating" Castro, and he's a crazy guy, more crazy than I am, for sure.
Commissioner Plummer: No, no, no. I'll argue that point.
Mr. Gonzalez-Goenaga: Well, but you can rest assured that crazy people have sometimes more
common sense than normal people. Thank you very much.
Mayor Clark: Thank you. All right. Mr. Knox.
Mr. Knox: Thank you very much, Mr. Mayor. And I think that we can put the position stated on
behalf of Beltran, Alexander and Alexander in some sort of a perspective. The gentleman
standing is Felix Lucius Fraser. During the presentation on behalf of Beltran, Alexander and
Alexander, I asked him if the assertions that were made about his credentials and qualifications
were true, and he indicated that they were absolutely untrue. He produced a card which
appeared to have been issued by the Florida Department of Insurance, copies of which I will be
glad to provide for the record, which indicates that Felix Lucius Fraser is licensed to transact the
following classes of insurance: general lines, that is, property and casualty insurance; life; life
and health; and health insurance. This certification was issued on September 14, 1991. Now, I
asked Mr. Fraser if he was prepared to make a statement to this Commission under oath to the
effect that he is licensed, qualified and otherwise credentialed to perform the services
contemplated in the contract, and he indicated that he would be. I'd hope that you would not
insult his integrity by requiring him to do such a thing.
Mayor Clark: No, we're not going to do that.
Commissioner Plummer: What you... Let me ask a question, just... not to question his integrity.
But this that's proffered is 1991. Is he presently, today, licensed by the Department of
Insurance, under the same terms and conditions as the photostat which you gave to us?
Mr. Felix Fraser: To the best of my knowledge, yes.
Commissioner Plummer: No, no, sir, not to the best of your knowledge. Either yes or no.
Mr. Fraser: Yes.
Commissioner Plummer: You are definitely, as of today, licensed by this organization in 1996.
OK.
Ms. Dougherty: Mr. Mayor, may I ask if he has a 220 license, which is required to provide
service in either casualty and property?
Mayor Clark: OK.
Mr. Knox: The question has been asked and answered. What I am suggesting to you is that it
may be a question of integrity. There was an assertion which was made, which appears at this
228 February 29, 1996
moment to have been a false assertion. There were questions raised about the process of
selecting where, under your Code of Ordinances, certain high ranking individuals in the City of
Miami were detailed to perform their services, and they performed them competently. And there
is no question on the record about that. The protest was filed, and the response to each item that
has been presented this evening were prepared by Judy Carter and delivered to the City Manager
in June of 1995. The City Manager, based upon the review of the record - including a response
to each and every assertion that was made this evening - the City Manager and the City Attorney
recommended to this Commission in a written document that the award should be made to
Gallagher and Company, and furthermore, that the protest was utterly without merit. The facts
are that Beltran, Alexander and Alexander and Gallagher have competed for the privilege of
providing brokerage services for a number of units of local government in and around Dade
County, including the City of Miami, Metropolitan Dade County, the Dade County Public
Schools, the City of Coral Gables, and recently, the City of Miami Beach. And in each and
every one of those contests, the prevailing party, because of the quality of the product, has been
Gallagher. In each and every one of those instances, Beltran, Alexander and Alexander was
found by your sister and brother organizations of local government, if you will, to have been
deficient in the product that they had been offering. We ask you, once again, to follow the
recommendation of your staff, of your selection committee, of your City Manager, of your City
Attorney, of your logic, of your fairness, and award... deny the protest and award the contract to
Gallagher and Company, pursuant to the resolution prepared by your staff, appearing as item 81
on this agenda. Thank you.
Commissioner Dawkins: One question, counsel.
Mr. Knox: Yes, sir.
Commissioner Dawkins: What is the size of the staff of the company?
Mr. Knox: I will ask Mr. Tony Abella, Jr. to tell you about the composition...
Commissioner Dawkins: No, no, no. Just... All I asked you is the number, George.
Mr. Knox: All right.
Mr. Tony Abella: Arthur J. Gallagher has 40 professionals in...
Commissioner Dawkins: Forty?
Mr. Abella: ... in our Miami office, that's correct.
Commissioner Dawkins: In your Miami office, 40.
Mr. Abella: Correct.
Commissioner Dawkins: Thank you. That's all. Thank you.
Mr. Knox: And the business relationship between the co -broker and Gallagher has also been
reviewed by your staff, and the record seems to reflect that 30 percent of the net profit after the
work has been done would be shared by the co -broker.
Commissioner Dawkins: How much of the gross will he share? Because, you see, when you...
See, don't throw me no curves, now. See, when you tell me net, net is after you have taken all
operation expenses, all cost of everything, and then you get to the bottom line, and you're
sharing net. Will he share anything in the gross?
229 February 29, 1996
Mr. Knox: Yeah, the expenses and the cost of doing the work, because this is a real live, honest
to goodness business transaction where people share the risk. And after...
Commissioner Dawkins: You're not answering. You're not answering me, George.
Mr. Knox: He's not... He's not taking his compensation off of the top of the agreement. He
shares in the profit.
Commissioner Dawkins: OK. They have 40 people, OK? How many people does he have in
his shop?
Mr. Knox: He can tell you himself.
Commissioner Dawkins: Well, I mean, if you're his counsel, you should ask him and tell me.
Mr. Knox: He has three people.
Commissioner Dawkins: Three people. Now, is he going to get money from the gross operation
to pay his three people while he's working on the project, so that when they get to the net, to the
bottom, he has shared in the gross with the three people and himself for working?
Mr. Knox: He has a legitimate...
Commissioner Dawkins: OK. Now, you just lost me. If you can't... If you can't answer that,
you lose me, George.
Mr. Knox: All right. Well, it's not... OK. Well, I'm so sorry I've lost you.
Commissioner Dawkins: OK. All right. Yes, sir. You can do... I mean, if you...
Mr. Knox: But I just want the record to be real clear that in a...
Commissioner Dawkins: What do you have to hide?
Mr. Knox: I don't have anything to hide.
Commissioner Dawkins: Well, answer the question, then, George.
Mr. Knox: But I'm answering the question...
Commissioner Dawkins: You answered it like...
Mr. Knox: Once again.
Commissioner Dawkins: No, no, no. Well, I...
Mr. Knox: He will not participate in the gross revenues of a legitimate business enterprise,
because that is not a legitimate business relationship. The answer, sir, is no. He won't
participate in the gross profit - gross revenue.
Commissioner Dawkins: All right. Now, you answered my question. But whenever the gross...
Whenever all of the operational costs are deducted from the gross, then he gets 30 percent of
what's left as net.
230 February 29, 1996
Mr. Knox: Yes, sir.
Commissioner Dawkins: OK. That's all. Hey, that's all I asked for.
Mr. Knox: And I apologize for not being clear.
Commissioner Dawkins: Well, you drive a Cadillac. You can't help it. You can't help it.
Mr. Abella: Commissioner Dawkins, just to clarify, the reason there's such a difficult time
pinning it down is because a gross premium leaves this office, but that will end up going to
insurance companies with variant levels of commission. And beforehand, we have no idea what
those levels of commission are going to be. Those have to be negotiated, in negotiating the
terms and conditions of each individual policy. So it's very difficult to peg it as a figure of a
gross.
Commissioner Dawkins: Thank you, sir.
Commissioner Plummer: I want to tell you, I'm completely lost.
Mayor Clark: Who is Gallagher and Gallagher?
Mr. Abella: OK. Arthur J. Gallagher and Company is a New York Stock Exchange traded
national brokerage outfit based in Chicago, Illinois, established in 1927 in Chicago. In Florida,
we handle over a 170 public entities. This is our special niche. We handle over ten million
dollars ($10,000,000), or just under ten million dollars ($10,000,000) in revenues out of our
Miami office alone in public entity business. And we have a public entity division, which is
basically where my people all come from. And we've got another side of the office that
specializes in the private sector. Our business is roughly split 80 percent public entity, 20
percent private sector.
Mayor Clark: But not one of the owners here in Miami.
Mr. Abella: No. We've got lots of owners here in Miami in our stockholders.
Mayor Clark: Well, I guess so. All right. Ms. Dougherty, you have any response.
Ms. Dougherty: Yes, sir. I notice that this Department of Insurance license is 1991, and unless
he has done any property and casualty... And I don't know that this is actually true. All I can
tell you is that the State Department of Insurance sent me his licenses in the last... in 10/23/95.
And the licenses do not include... He has a health license and a life license. It does not include a
220 property and casualty license. And if you're not writing insurance in the last three years,
you'd automatically be revoked. So I just don't know that that is a true statement at this time.
I'm not convinced about it. Secondly, I'd just like...
Commissioner Plummer: Well, wait, wait. Let's ask the question. Sir, have you written
insurance in the last three years?
Mr. Fraser: Oh, yes, I have, sir.
Commissioner Plummer: OK.
Ms. Dougherty: Property insurance?
231 February 29, 1996
Mayor Clark: Please answer on the mike, will you.
Commissioner Dawkins: On the record, sir. On the... Go to the mike, sir, please, and answer on
the record, please, sir.
Ms. Dougherty: Which companies are you licensed with, sir?
A. Quinn Jones, III, Esq. (City Attorney): State your name first for the record.
Mr. Fraser: My name is Felix Fraser. I have written motor car insurance. It is well known that
once you have a property and casualty license, you cannot just go into your own business that
way. You have to be attached to an agency. And I have been working through the
Fountainebleau Insurance Agency, and through that agency, we've been working. We've been
selling motor car insurance mainly. Some business insurance, but mainly motor car insurance,
which requires a property and casualty license.
Ms. Dougherty: You know, that's really interesting.
Mr. Fraser: Pardon? Well...
Ms. Dougherty: That's really interesting, because I did call Fountainebleau Insurance Company
Agency, and I asked them if you were employed or were an agent with them, and they told me,
no, that you... you have their.., your car insurance with them.
Mr. Fraser: Well, I don't understand that, because all we need to do is just check with them. I
have commission checks in my records to show that they've paid me commissions for work
done.
Commissioner Dawkins: OK.
Commissioner Plummer: I'm ready to throw them all out.
Mayor Clark: All right. We're not on dead center yet. Anything further?
Ms. Dougherty: I have no further... nothing further.
Mayor Clark: Anything further, Mr. Knox?
Mr. Knox: No, sir. I would hope that you would hear from your staff about the merits of the
proposal.
Mayor Clark: Let me ask one question, George. Who is Mr. Rubick?
Commissioner Plummer: Mr. who?
Mr. Abella: Rubicks is a corporation.
Mr. Knox: Rubicks is the corporation of which Mr. Fraser is a principal.
Mayor Clark: Have you heard the challenges made about the address, and telephone number,
and everything else? Did you hear that, sir? Rubick is supposed to get 30 percent.
Mr. Fraser: It's a home -based company.
232 February 29, 1996
Mr. Knox: Yeah, it's a home -based company.
Mayor Clark: You're Mr. Rubick?
Mr. Knox: Yes, sir. He's the principal of the corporation. And that's why I'm asking you to let
the staff talk to you about the merits of the proposal, because the fact is...
Mayor Clark: Well, she explained that pretty well, I think. All right. What's the pleasure of the
Commission?
Commissioner Plummer: If I have my choice, my choice is, throw them out and go over again.
Vice Mayor Gort: It's been too long.
Commissioner Plummer: That's my choice.
Mayor Clark: All right. Make a motion and let's get moving.
Commissioner Carollo: Well, the problem is, do we have the time to...
Mayor Clark: It's been a year and a half since we've been doing this, so I guess we got...
Commissioner Carollo: Yeah, but obviously, they keep doing insurance for us until it comes
back. But that's one way we could go about it. The other way is, we could ask people to bring
proof so we could find out, you know, who's on first, who's on second. There's a lot of
statements that have been made...
Mayor Clark: That have been challenged.
Commissioner Carollo: Yeah, that have been challenged, and maybe we might want to give
them an opportunity to show if they're correct or incorrect.
Mr. Abella: Mr. Mayor, may I speak for a moment?
Mr. Jones: Hold up. Before you... before you say something.
Mayor Clark: All right.
Mr. Jones: Your alternatives under the Code, the scenario under the Code, either you form... If
you decide not to abide by the selection committee's decision, you have three alternatives.
Commissioner Plummer: One.
Mr. Jones: You can form a new selection committee amongst yourselves. OK?
Mayor Clark: No way.
Commissioner Plummer: Two.
Mr. Jones: Two, you can appoint a new selection committee.
Commissioner Plummer: Three, or?
Mr. Jones: You can authorize the City Manager to appoint a new selection committee. Those
are the three alternatives.
233 February 29, 1996
Commissioner Plummer: Now, what you told me before, or I think I heard Judy Carter say, that
according to the Charter, the three that were the selection committee were there by Charter, had
to be by Charter.
Mr. Jones: Well, no. Well... I think... I'm not disagreeing with her in terms of, I think her
statement was, is that under the scenario set up in the scheme of the self-insurance committee
and the Self -Insurance Trust Fund, they are trustees. And of course, they are authorized to
purchase and make investments, whatever else.
Commissioner Plummer: OK.
Mr. Jones: I'm just saying that under the scenario of dealing with competitive selection
committees, those are the three alternatives you have. Either you select... Either you go with the
selection committee's recommendation, or you appoint a new one amongst yourselves, or you
ask the City Manager to appoint a new committee.
Commissioner Plummer: But we can throw out the bid.
Mr. Jones: Well, that would be the... That would essentially be the result, if you decide that you
want to do a selection committee. No, you can't throw out the bids. These are the alternatives.
You got the bids in.
Commissioner Plummer: OK.
Mr. Jones: OK? So you got, you know...
Commissioner Plummer: I'll take option number two.
Commissioner Dawkins: OK. Wait a minute.
Commissioner Carollo: What's option number two?
Commissioner Plummer: Option number two is we select a new evaluation committee. I mean,
that's the way...
Vice Mayor Gort: We'll check all the points and...
Mr. Odio: In the Commission meeting..
Commissioner Plummer: OK? And Joe, that will accomplish what you talked about, or
checking out all the bases of it.
Commissioner Carollo: Oh, you're saying a new selection committee, based on what they've
handed in already.
Commissioner Plummer: We have to stick with only the bids that have been submitted.
Commissioner Carollo: Right.
Commissioner Plummer: We have three choices. Stick with the one the Manager had... the one
that's there now, one we appoint, or one the Manager newly appoints. So I'm saying we'll do it
ourselves.
234 February 29, 1996
Mayor Clark: Let me ask a question. Why is this our only option?
Mr. Jones: Because that's what the Code states in terms of the options.
Mayor Clark: That's a stupid Code.
Commissioner Plummer: Mr. Mayor, I'm so glad you're very reserved.
Mayor Clark: That is a stupid Code.
Commissioner Plummer: Mr. Mayor, I... Do you want a motion?
Mayor Clark: Yes, sir.
Commissioner Plummer: My motion is number two.
Mayor Clark: All right.
Mr. Jones: Which is that you're going to serve as a selection committee.
Commissioner Plummer: We, or we will appoint a selection committee.
Mr. Jones: OK.
Commissioner Plummer: We will appoint a selection committee. Are we governed in number?
Commissioner Carollo: But how are we going to appoint a selection committee if we don't
include it in the motion?
Mr. Jones: No. It's... No. The option is, Commissioner, that you appoint a selection committee
amongst yourselves, or you appoint... You can appoint - I'm sorry - you can appoint a new
competitive selection committee.
Commissioner Plummer: That's...
Mr. Jones: OK, so that's what you want.
Commissioner Plummer: Yeah.
Mayor Clark: That's the motion?
Commissioner Plummer: Yeah.
Mayor Clark: Second?
Vice Mayor Gort: Second.
Mayor Clark: Any discussion?
Commissioner Plummer: I'll submit my name in writing.
Vice Mayor Gort: So would I.
Commissioner Carollo: I'll submit Dusty Melton and Jorge De Cardenas. Even it out.
235 February 29, 1996
Commissioner Dawkins: We're throwing this out and going to do it over.
Mayor Clark: No, we're doing a new bid.
Commissioner Plummer: A light weight and a heavy weight.
Mr. Jones: No, Commissioner, Commissioner.
Commissioner Dawkins: Mm-hmm, OK.
Mayor Clark: OK?
Mr. Jones: You understand?
Commissioner Dawkins: Yes, go ahead, Mr.... We're...
Mr. Jones: The bids that were received... the responses that were received will be the same.
Commissioner Plummer: Right.
Mr. Jones: What you're doing is appointing a new committee to review and go through the same
process.
Commissioner Dawkins: The same information?
Mr. Jones: Absolutely.
Mayor CIark: The same response.
Commissioner Dawkins: I'm like the Mayor. This is... I mean...
Mayor Clark: All right.
Commissioner Plummer: Well, I think now... Excuse me. Just so we can make sure that... And
Commissioner Carollo made the point. That committee would have the right to look into the - I
even hate to say allegations - to the comments that were made about the criteria.
Ms. Dougherty: Of course.
Mr. Jones: Well, I think it... Well...
Commissioner Dawkins: And confirm or deny them.
Commissioner Plummer: Yeah.
Commissioner Carollo: The differences of opinion.
Mr. Jones: Well... Well, no, but let... But let me say this. I think that given the posture that we
are in now, I think that the comments that have been made would perhaps even taint the selection
process as it goes now. But I think what you should... The charge that you should give the
selection committee is that they should look in and verify all the information that's been given
them, and let them make the decision, irrespective of what's been said here today, tonight.
236 February 29, 1996
Commissioner Plummer: We're going to have a five -member committee; is that what I
understand?
Mayor Clark: Yeah, five members, yeah.
Commissioner Dawkins: Yeah, yes, mm-hmm.
Commissioner Carollo: And will the five -member committee be of each member of the
Commission...
Commissioner Dawkins: Yes, sir.
Commissioner Carollo: ... or will we appoint someone?
Commissioner Dawkins: No, we appoint someone.
Mayor Clark: We appoint someone.
Commissioner Dawkins: You can appoint yourself, now.
Commissioner Plummer: You can appoint yourself or you can appoint somebody.
Commissioner Carollo: I'm in enough committees already, thank you.
Commissioner Plummer: One thing I don't need, it's another...
Mayor Clark: As long as you don't have parking involved, huh, Joe?
Commissioner Carollo: No. Well, yeah, you're right.
Mayor Clark: All right. There's a motion and a second. Mr. Clerk, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.96-132
A MOTION OF THE CITY COMMISSION APPOINTING A NEW COMPETITIVE
SELECTION COMMITTEE IN CONNECTION WITH REQUEST FOR PROPOSALS
NO. 93-94-166 FOR INSURANCE BROKER SERVICES; FURTHER, STIPULATING
THAT THE NOMINEES TO SAID COMMITTEE SHALL BE PROFFERED IN
WRITING BY THE COMMISSION AT A LATER DATE.
Upon being seconded by Vice Mayor Gort, 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.
237 February 29, 1996
Ms. Dougherty: Thank you very much.
Commissioner Dawkins: Now, shouldn't we do this now, in order to... Shouldn't we appoint the
committee now in order to expedite this?
Mayor Clark: No, no, no. We didn't know what was going to happen today. That's a little
rapid.
Commissioner Dawkins: Sir?
Mayor Clark: That's a little...
Chief Frank Rollason: Mr. Mayor, can I have your attention for a moment? There's a couple of
items. Chief Frank Rollason with Risk Management.
Commissioner Dawkins: OK.
Chief Rollason: A couple of things that I think you need to be aware of. One is, our insurance is
going to lapse in May. Now, the brokers that we currently have are out in the market looking for
us now since January, and we're going to have... If we wait to have an evaluation done and
come back before you again, and we're into the April mode by the time this comes to be, I have
concerns that we're going to have coverage in place by the first of May.
Mayor Clark: Well, isn't it true, though, Chief, that if you have coverage at the present time,
that that continues on until a new person is selected?
Chief Rollason: No. It's going to lapse.
Mayor Clark: How do you mean it's going to lapse?
Chief Rollason: It's... Because it has a date that it runs out. It doesn't continue on.
Vice Mayor Gort: It's runs out... It runs out in May. We can make a decision within the next
two weeks. And my understanding is, they're both very smart, and they're both looking in the
market right now.
Mayor Clark: Let me ask this...
Commissioner Carollo: Well, we're meeting when again? On the 14th?
Mayor Clark: Yes.
Vice Mayor Gort: Right.
Commissioner Carollo: OK. We're meeting on the 14th. Let's bring it...
Mayor Clark: We'll have it... We'll have it...
Commissioner Carollo: Let's bring it then. Each of us will submit a...
Mayor Clark: I want to make sure that you're correct, Chief.
Mr. John Beltran: No. Mayor, the policy expires May 1st. And what the Chief is alluding is
that somebody has to have an order to renew the coverage. We are in the marketplace. We hope
238 February 29, 1996
to save the City in the six figures in that renewal, so we are prepared... We would be prepared in
the next week or so to even have a renewal proposal that you can act upon, if you so wish.
Mayor Clark: All right. Very good.
Chief Rollason: My concern is that we may very well be in a position to have to go with the
present broker, even if the decision is made to go some other way to get the insurance, and have
it in place, and have a competitive price.
Mayor Clark: Maybe, maybe.
Commissioner Dawkins: So we go with them for 30 days or 90 days and go with somebody else.
I mean, that's all.
Mayor Clark: Thank you.
Mr. Rollason: All right. The other issue that I wish to mention to you is the statement made by
counsel for Alexander and Alexander that after the hurricane, that the... for two years, the
premiums remained and... or something to that effect, I believe she said. I'm certainly not going
to put words in her mouth, but that's as I... how I heard it. I want to go on the record that our
insurance was cancelled shortly after the hurricane, and that when we did renew or we did get
our next policy, we got an extension, which Alexander and Alexander were very helpful in us
getting to continue, but when we got our next remium notice, we went from a quarter of a
million dollars to one point five million dollars (1-1.5 million), which was indicative of what had
happened across Florida.
Commissioner Dawkins: Thank you, thank you.
Chief Rollason: I mean, this is not because of that, but I'm saying that there was a... certainly,
an increase within the two years after the hurricane.
Commissioner Dawkins: Yeah, but that's the same thing that happened to me, every other
homeowner and every business. This was nothing unique.
Chief Rollason: I understand. I understand that.
Mayor Clark: All right. Next item. Thank you all, folks.
Mr. Jones: Mr. Mayor, before you go on, I think, on item 80, I think what would be appropriate
is a motion accepting the protest of Beltran, Alexander and Alexander.
Mayor Clark: I don't think we have to even accept that. That was just a protest. We could
accept it or leave it like it is, I think.
Mr. Jones: OK, all right.
Commissioner Dawkins: OK. Sit down, George, you're right.
239 February 29, 1996
---------------------------------------- •------------------------------------------------------- '-----------------
59. ACCEPT BID: RADIATOR KING, INC. -- FOR FURNISHING RADIATOR
REPAIR SERVICES -- ALLOCATE $22,500.
Mayor Clark: All right. Item 82.
Commissioner Dawkins: Eighty-one, sir, Mr. Manager - I mean...
Mayor Clark: Eighty-two.
Vice Mayor Gort: Eighty-one is deferred.
Commissioner Dawkins: Eighty-one is deferred?
Vice Mayor Gort: Yes. It's connected with that.
Mayor Clark: Eighty-one was accepting the proposal, which we didn't accept.
Commissioner Dawkins: OK. And 80.
Mayor Clark: Eighty, that was...
Commissioner Dawkins: Rejecting the protest.
Mayor Clark: Yeah.
Commissioner Dawkins: OK.
Mayor Clark: You don't have to act on every... it's to accept it.
Commissioner Dawkins: Now we're going to 82, 82?
Mayor Clark: Eighty-two.
Commissioner Dawkins: Move it.
Vice Mayor Gort: Second.
Mayor Clark: No exception. Cast a unanimous ballot.
240 February 29, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-133
A RESOLUTION ACCEPTING THE BID OF RADIATOR KING, INC., FOR
FURNISHING RADIATOR REPAIR SERVICES FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/VEHICLE
EQUIPMENT ADMINISTRATION DIVISION, ON A CONTRACT BASIS FOR ONE
(1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE
YEAR PERIODS, AT A PROPOSED ANNUAL COST OF $22,500.00; ALLOCATING
FUNDS THEREFOR FROM THE FY '95-96 OPERATING BUDGET, ACCOUNT
CODE NO. 420901-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID SERVICE AND THEREAFTER TO EXTEND SAID CONTRACT FOR TWO (2)
ADDITIONAL ONE YEAR PERIODS, AT THE SAME TERMS, PRICE AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
----------------------- ----------------------------------------------------------------------------------------
60. ACCEPT BIDS: (1) AERO TIRE COMPANY, AND (2) FEDAN TIRE
COMPANY -- FOR FURNISHING TIRE RECAPPING / REPAIR SERVICES --
ALLOCATE $84,106.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Eighty-three.
Commissioner Dawkins: Move it.
Mayor Clark: There's a second. Cast a unanimous ballot.
241 February 29, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-134
A RESOLUTION ACCEPTING THE BIDS OF HERO TIRE COMPANY AND
FEDAN TIRE COMPANY FOR THE FURNISHING OF TIRE RECAPPING AND
REPAIR SERVICES FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTENEHICLE EQUIPMENT
ADMINISTRATION DIVISION, ON A CONTRACT BASIS FOR ONE (1) YEAR, AT
AN ESTIMATED TOTAL ANNUAL COST OF $84,106.00; ALLOCATING FUNDS
THEREFOR FROM THE FY '95-96 OPERATING BUDGET, ACCOUNT CODE NO.
420901-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
61. APPROVE PAYMENT ($8,510.06) TO COASTAL UNILUBE, INC., FOR
INADVERTENT SHORT PAYMENT OF LUBRICANT INVOICES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Eighty-four.
Commissioner Dawkins: I'm going to move it, but I have...
Commissioner Carollo: What number is this?
Mayor Clark: Eighty-four. Moved by Mr. Dawkins.
Commissioner Dawkins: I move it, but I think I got some discussion on 84. Yes, I do have.
Vice Mayor Gort: Second for discussion purposes.
Commissioner Dawkins: OK. Under discussion. Mr. Williams, how is it that we have invoices
from the year 1991, and this is 1996, that were not paid?
Mr. Ron Williams (Assistant City Manager): Commissioner Dawkins, because we made a
mistake. This is an ongoing purchase of lubricants, and after auditing the records and clearly
242 February 29, 1996
sitting down with this vendor, we found that those invoices actually did fall through the cracks
and were not paid, and the City received those services.
Commissioner Dawkins: In other words, we lost some invoices.
Mr. Williams: We lost invoices and did not pay them.
Commissioner Dawkins: That's all, that's all, that's all. Thank you.
Mayor Clark: All right. Motion and a second on 84. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-135
A RESOLUTION APPROVING PAYMENT IN THE AMOUNT OF $8,510.06 TO
COASTAL UNILUBE, INC., FOR THE INADVERTENT SHORT PAYMENT OF
LUBRICANT INVOICE NUMBERS 14855, 15215, 16962, 121440 AND 141487,
DATING BACK TO 1991; ALLOCATING FUNDS THEREFOR FROM THE FISCAL
YEAR 1995-1996 OPERATING BUDGET OF THE DEPARTMENT OF GENERAL
SERVICES AND SOLID WASTE, VEHICLE AND EQUIPMENT
ADMINISTRATION DIVISION, ACCOUNT CODE 420901-713, PROJECT CODE
NUMBER 509000; AUTHORIZING THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS PAYMENT.
(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.
243 February 29, 1996
----------------------------------------------------------------------------------------------------------------
62. (A) AUTHORIZE USE OF METROPOLITAN DADE COUNTY
FACILITIES FOR FUELING CITY VEHICLES -- AT ESTABLISHED
CONTRACTUAL TERMS / CONDITIONS AGREED TO IN LETTER
OF UNDERSTANDING DATED JUNE 24, 1994 -- ALLOCATE
$740,000.
(B) DIRECT MANAGER TO SEND MEMORANDUM TO STAFF
REGARDING USE OF CITY CARS FOR PERSONAL REASONS.
(C) DIRECT MANAGER TO PLACE CITY OF MIAMI YELLOW TAG
AND DECAL ON ALL WHITE CITY LIGHT VEHICLES.
---------------------------------
Mayor Clark: Number 85.
Commissioner Carollo: Move.
Vice Mayor Gort: Move it.
Mayor Clark: Moved and seconded. Any exception? Cast a unanimous...
Commissioner Dawkins: Hold it, hold it, hold it.
Mayor Clark: Say it.
Commissioner Dawkins: How many gallons of gasoline is this for?
Mayor Clark: Lots of it.
Mr. Ron Williams (Assistant City Manager): Approximately... The cost, Commissioner
Dawkins - and I'll have to do the math real quick - the cost of that is usually a spot market,
which, you know, deviates. Right now, it's in the neighborhood of 52 cents. Our arrangement
with Metropolitan Dade County is the same as Florida Highway Patrol. We would pay them the
environmental, which is another eight cents. Everybody has to pay the taxes. Those range
between 19 and 21. It ends up being about 80 cents per gallon. We think it's in the best interest
of the City.
Commissioner Dawkins: About around... You can say it would average about a dollar.
Mr. Williams: Right, or less.
Commissioner Dawkins: OK. Thank you, sir.
Mr. Mariano Cruz: Mayor, Mr. Mayor.
Mayor Clark: Eighty-six... Eighty-five was seconded. Cast a unanimous ballot.
244 February 29, 1996
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-136
A RESOLUTION AUTHORIZING THE USE OF METROPOLITAN DADE COUNTY
FACILITIES FOR THE FUELING OF CITY OF MIAMI VEHICLES, AT THE SAME
ESTABLISHED CONTRACTUAL TERMS AND CONDITIONS AGREED TO IN A
LETTER OF UNDERSTANDING DATED JUNE 24, 1994, FOR A TOTAL COST OF
$740,000.00; ALLOCATING FUNDS THEREFOR FROM THE FISCAL YEAR '95-96
OPERATING BUDGET OF THE DEPARTMENT OF GENERAL SERVICES AND
SOLID WASTE, VEHICLE AND EQUIPMENT ADMINISTRATION DIVISION,
ACCOUNT CODE NO. 420901-715, PROJECT CODE NO. 509000; AUTHORIZING
THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
SAID FUELING SERVICES ON AN AS NEEDED BASIS.
(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.
Mayor Clark: Eighty-six... Yes, sir.
Mr. Cruz: Well, I have just a question concerning the use of gasoline by City cars. For the
record, Mariano Cruz, 1227 Northwest 26th Street.
Mayor Clark: Yes, sir.
Mr. Cruz: Because I've seen a lot of cars in functions that are not City functions. I mean, like
going to markets, going to the Radio Shack in Coral Gables, going to pick up children in North
Miami Elementary School, and on City time. So I'd like to know, those monies that I'm paying
there, too, from City taxes, how much money is that? Because if we can curtail some of those
expenses, maybe we can use some of that money to keep the parks open. Well, like when they
go to the track there in Curtis Park, remember that I go in there, it's closed, the track, because
they can't use it.
Mayor Clark: All right. Check into that and get a... Mr. Manager, get a memorandum out for
that.
Mr. Cruz: Right.
Commissioner Plummer: Mr. Manager...
245 February 29, 1996
Mr. Cruz: So they can say... to make sure the people... Because I use it, because I already relate
numbers of cars I've seen in North Miami, NET (Neighborhood Enhancement Team) cars,
picking up children at working hours, that if there no taking measures, I am going to be bringing
them public or something.
Mayor Clark: All right.
Mr. Cruz: Because I don't take my postal vehicle to my home to do shopping or whatever. It
stays there in North Miami Post Office.
Mayor Clark: Very good. Thank you, sir.
Mr. Cruz: Because I am tired of seeing this.
Commissioner Plummer: Mr. Manager.
Mr. Manuel Gonzalez-Goenaga: A comment?
Commissioner Plummer: Mr. Manager, asking again, for the third time, about the decals or the
yellow tags on white vehicles. It was my understanding that they were all, with the exception of
undercover, which are basically rentals, were to have the City of Miami decal. Now, I'm seeing
cars all day long, yellow tags, City cars, and no decal.
Mr. Williams: Commissioner Plummer, they should have tags. That's just a matter of delay in
terms of getting the tags, if they're...
Commissioner Plummer: No, no, they got tags.
Mr. Williams: ... if they're new vehicles.
Commissioner Plummer: The yellow tags which tells me that they are a City vehicle, and City
vehicles are to have the seal on them.
Mr. Williams: Yeah. In some of those cases, certainly, we have to work with the Manager, and
make a determination that they are used in a situation where they, you know, where having a seal
would give them a problem. And certainly, you've made that point. We'll follow up on it.
Commissioner Plummer: Well, I keep making the point, but it doesn't seem to get
accomplished. And that was supposed to be because of the rumors that were down to our offices
about some of those cars up in Disney World. Now, how will we know the difference, in fact, if
we don't know that there's a City thing on it?
Mr. Gonzalez-Goenaga: Well, my...
Mayor Clark: Get the seals on them, that's what you want to do. Get the seals on them.
Mr. Gonzalez-Goenaga: My comment, following...
Mr. Williams: We'll get it resolved, Commissioner.
Mr. Gonzalez-Goenaga: Following Mr. Mariano...
Mayor Clark: Just a short, short comment.
246 February 29, 1996
Mr. Gonzalez-Goenaga: Oh, shorter than you think. Our biggest mistake, we're on the wrong
side of the fence, Mr. Mariano. We should be working in the City, and then those guys that have
had the "la dolce vida" for so many years...
Mayor Clark: Thank you, Gonzalo.
Mr. Gonzalez-Goenaga: ... they should take our positions.
----------------------------------------------------------------------------------------------------------------
63. AUTHORIZE USE OF METROPOLITAN DADE COUNTY FACILITIES FOR
EMISSION TESTING OF CITY VEHICLES -- AT STATE OF FLORIDA
ESTABLISHED RATE OF $5 PER INTERGOVERNMENTAL AGENCY
VEHICLE -- ALLOCATE $10,000.
Mayor Clark: On number 86, is there a motion?
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-137
A RESOLUTION AUTHORIZING THE USE OF METROPOLITAN DADE COUNTY
FACILITIES FOR EMISSION TESTING OF CITY OF MIAMI VEHICLES, AT THE
STATE OF FLORIDA ESTABLISHED RATE OF $5 PER INTERGOVERNMENTAL
AGENCY VEHICLE, FOR A TOTAL COST OF $10,000; ALLOCATING FUNDS
THEREFOR FROM THE FISCAL YEAR '95-96 OPERATING BUDGET OF THE
DEPARTMENT OF GENERAL SERVICES AND SOLID WASTE, VEHICLE AND
EQUIPMENT ADMINISTRATION DIVISION, ACCOUNT CODE NO. 420901-340,
PROJECT CODE NO. 509000; AUTHORIZING THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR SAID EMISSION TESTING
SERVICES ON AN AS NEEDED BASIS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
247 February 29, 1996
F ,:4
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
------------------------------------------------ ---------------------------------------------------------------
64. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO APPROVE PAYMENT ($7,500) OF ADMINISTRATIVE FEE TO THE
FLORIDA SHERIFFS ASSOCIATION (FOR USE OF COOPERATIVE BID 95-
03-0925), TO PROCURE 200 1996 CROWN VICTORIA PURSUIT
VEHICLES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 87.
Commissioner Plummer: That one, I got a... Somebody's got to tell me why. Why do we pay a
fee to the Sheriff's Department to buy cars?
Mr. Ron Williams (Assistant City Manager): OK. This is the... The Florida Sheriffs'
Association put out the statewide bid for the new Crown Victorias. For doing all of the
preparation, working with the manufacturer, beating the price down because of the volume they
could command, they charge all cities and counties throughout Florida fifty dollars ($50) for the
first 100 cars, and twenty-five thereafter. The additional amount, Commissioner, still saved the
City a tremendous amount of money for not having to prepare the bid, not having to bid...
Commissioner Dawkins: OK. But where... Where did you purchase the cars from, what
dealership?
Mr. Williams: I believe it was the Don Reid in Fort Pierce, when we brought them to you
before.
Commissioner Dawkins: There again, the local vendor buying a tag, buying occupational
licenses, trying to do business in the City of Miami. You're saving twenty-five dollars ($25)
going to Fort Pierce or wherever you went to buy automobiles. I told you before, I'm not...
Now, I hope that you need three votes up here and you can't get it, because I've asked you over,
and over and over, buy vehicles from a local vendor who does business with us, who puts local
people to work, and puts money back into the economy, Mr. Williams. To save twenty-three
dollars ($23), I mean, it's just... a car, that doesn't make sense.
Mayor Clark: OK.
Mr. Williams: Absolutely, Commissioner. But we purchased the cars already. This is the fee
associated with them handling the work.
248 February 29, 1996
_A
,,A
Commissioner Dawkins: This is nothing unusual. You all do... You do this all the time. You
know you...
Mr. Williams: Well, you have... You certainly have reminded me of that.
Commissioner Dawkins: But, see, but... No. But again, if four people up here would vote no,
even though you've done it, you'd have to... You'd find out something different. I can't get
three. I may get four.
Commissioner Plummer: Let's scare the hell out of him.
Mayor Clark: All right.
Commissioner Dawkins: I mean, and I... You know, and the part about it is, I keep saying this.
Mayor Clark: You sure do.
Commissioner Dawkins: I keep saying it over and over. You keep doing it over and over.
Commissioner Plummer: Defer it.
Mayor Clark: Move to defer it?
Commissioner Dawkins: Yeah, move to defer it.
Commissioner Plummer: Second.
Commissioner Dawkins: 1 can do that.
Mr. Williams: If I may, Mr. Mayor. Commissioner Dawkins...
Commissioner Plummer: You can only speak to the deferment.
Mr. Williams: We've purchased the vehicles.
Commissioner Dawkins: Yeah, but you purchased them knowing that I wanted you to purchase
them locally. You told me, "I don't give a damn about your wanting to purchase them locally,
I'm going to get them." That's what you told me.
Mr. Williams: Yeah. This was part of an overall package.
Commissioner Dawkins: And still, Mr. Williams, you cannot justify that for six years, I've been
asking you to purchase automobiles locally, and for six years...
Mayor Clark: Mr. Dawkins, the item is deferred.
Commissioner Dawkins: Thank you, sir.
NOTE FOR THE RECORD: At this point, agenda item 87 was
deferred.
249 February 29, 1996
----------------------------------------------------------------------------------------------------------
65. CLAIM SETTLEMENT: AWILDA CENTENO, INDIVIDUALLY AND AS
PERSONAL REPRESENTATIVE OF ESTATE OF FERMIN ALAMEDA,
DECEASED, ARNOLDO ALAMEDA, NANCY ALAMEDA, NOEMI
GONZALEZ, RAUL MALONADO, EACH INDIVIDUALLY, AND NELLIE
GOMEZ, NATURAL PARENT / GUARDIAN OF RODDY ALAMEDA
($600,000).
Mayor Clark: Item 88.
Mr. Manuel Gonzalez-Goenaga: Ready to speak on the item, and it really goes to my heart. My
name is Manuel Gonzalez-Goenaga. I am very friendly to the Alameda family. I am a man who
has been arrested ten times, and I haven't had the time to cry. But in the vigil of Mr. Fermin
Alameda, I cried like a baby. Can you imagine a man with guts crying?
Commissioner Dawkins: But once you've tuned your feelings to cry...
Mayor Clark: OK
Mr. Gonzalez-Goenaga: And we have been speaking all day long about dollars and cents. But
we have to use our heart. What we have in plain language, my friends, over and over and
constantly is assassins dressed in blue. In my dictionary, my "spic" dictionary, "rats and
cockroaches." This is not the first time. It happened with Mercado, and Pablo Camacho was
allowed to retire an assassin with thirty thousand dollars ($30,000) a year. And here we are,
citizens, what kind? What you want me to say? It's not dollars and cents. Let's ship those rats
to Cuba to kill Fidel, and leave our community safe.
Mayor Clark: Thank you.
Mr. Gonzalez-Goenaga: Thank you very much. That's enough. I can't continue talking. Do
whatever you think is proper.
Mayor Clark: Is there a motion on this item?
Mr. Gonzalez-Goenaga: And they are still working for these damn police. Assassins.
Commissioner Dawkins: Move it.
Mayor Clark: Thank you, thank you, thank you. Item 88.
Commissioner Dawkins: Eighty-eight, move it.
Vice Mayor Gort: It came in at six hundred and ninety thousand dollars ($690,000) allocated
out.
Commissioner Plummer: How much?
Vice Mayor Gort: It's recommended.
Commissioner Dawkins: Either pay that or....
250 February 29, 1996
Mayor Clark: Six hundred thousand.
A. Quinn Jones, III, Esq. (City Attorney): Well, I'm telling you, I mean, it's... I think it's very
cheap, and I've told you... And I've told you before, these cases, you know, you take it before a
jury in Federal Court, given the sentiment of the public about police brutality, and especially
with the facts of this case, I mean, the injury does not fit what the police officers claim they did.
I mean, five broken ribs.
Commissioner Carollo: When is this scheduled to go to court, Mr. Attorney?
Mr. Jones: Well, Judge... We went to mediation, and Judge Nesbitt said if we didn't... If we
didn't - the Commission - didn't approve it, she would open it back up. We'd probably go to
trial in April.
Mayor Clark: And it's liable to be ten million dollars ($10,000,000).
Commissioner Carollo: Approve it by when?
Mr. Jones: Excuse me?
Commissioner Carollo: In other words, April. So in other words, we really have until...
Mr. Jones: Well, no... Well, understand this. It's that the discovery schedule and all was cut
short, with the understanding that we would come and seek approval. I mean, you know, I hate
to tell you, I mean, it's... It seems like an enormous amount, but, you know, what price do you
pay for the death of an individual? That's something that a jury is confronted with.
Mayor Clark: All right. Let's move forward.
Commissioner Dawkins: What is your recommendation?
Mr. Jones: My recommendation is that we accept this six hundred... four hundred fifty thousand
paid this year and a hundred fifty next year.
Commissioner Dawkins: I move it. The City Commission can either approve it or reject it.
Mayor Clark: I second. Go ahead, call the roll.
Vice Mayor Gort: OK. Is there any discussion? OK, call the roll.
251 February 29, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-138
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
AWILDA CENTENO, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF FERMIN ALAMEDA, DECEASED, ARNOLDO ALAMEDA,
NANCY ALAMEDA, NOEMI GONZALEZ, RAUL MALONADO, EACH
INDIVIDUALLY, AND NELLIE GOMEZ, AS NATURAL PARENT AND
GUARDIAN OF RODDY ALAMEDA, A MINOR, INDIVIDUALLY, THE TOTAL
SUM OF $600,000.00 WITHOUT ANY ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, CALVIN ROSS, EMILIO LOPEZ AND JOHN
COLLINS, EACH INDIVIDUALLY AND EACH IN THEIR RESPECTIVE OFFICIAL
CAPACITIES AS CHIEF OF POLICE AND OFFICERS OF THE CITY OF MIAMI
POLICE DEPARTMENT, IN THE UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, CASE NO. 93-1544-CIV-NESBITT, UPON
THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI,
CALVIN ROSS, EMILIO LOPEZ AND JOHN COLLINS EACH INDIVIDUALLY
AND EACH IN THEIR RESPECTIVE OFFICIAL CAPACITIES AS CHIEF OF
POLICE AND OFFICERS OF THE CITY OF MIAMI POLICE DEPARTMENT FROM
ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR,
FROM THE 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 Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Carollo: This is a very tough one. On one hand, if we go to court, we might end
up paying more. I realize that. At the same time, it's difficult for me to vote for this amount of
money. And here, you have a family that's gone through a tremendous amount of suffering,
from what I'm reading, and I'm still shaking my head. It's one, frankly, that it would be nice to
pass on, but that's what we're here for, to vote. I have to vote no on it.
Commissioner Plummer: I've asked, and I've asked, and I've asked to demonstrate to me where
the City did something wrong. I've not got an answer yet that, in my mind, justifies this award.
I have to vote no.
252 February 29, 1996
Vice Mayor Gort: I've been reading this, and I've met with their attorneys, and I've talked to
them, I had a conversation with them. And as hard as it is, it's something that, the way the
courts are today, we could be in a worse case. So if we can settle, I vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Clark: All right. Next item is 88-A.
Commissioner Carollo: Now that we've approved this and... Mr. Attorney?
Mr. Jones: Yes.
Commissioner Carollo: This doesn't have to come back for any kind of second reading or
anything else; correct, sir?
Commissioner Plummer: It's a resolution.
Commissioner Carollo: Right. So it's approved, it's done, and we don't have to worry about
going to court now that it's approved, unless we don't pay up.
Mr. Jones: No... You know, we'll submit to the Court that the Commission approved it...
Mayor Clark: It's finished.
Mr. Jones: ... and we work out a judgment.
Commissioner Carollo: OK. So now I can talk and not be concerned of putting the City in more
of a liability. My understanding is that the officers involved in this never even received a
reprimand, because it was found that there was nothing wrong that they did; is that correct?
Commissioner Plummer: That's...
Mr. Jones: That's correct.
Commissioner Plummer: ... off the record.
Mr. Jones: An internal investigation was conducted, and they were cleared.
Commissioner Carollo: Now, explain to me what happened to this man.
Mr. Jones: Commissioner, the facts, as I understand it, and as the witnesses basically portrayed
in statements, this individual, Mr. Alameda... Apparently, our Fire Rescue or Fire Department
had been called upon the scene at a fire. This individual, who apparently had been drinking or
whatever, was alleged to have interfered with the fire fighters in the course of putting out the
fire. He was asked to leave. He came back on two occasions. I guess he had been warned that
he would be arrested if he came back. The testimony from the eyewitnesses indicated that the
officers picked him up, slammed him on the ground. His partner is saying that this guy, he was
trying to handcuff him, came, they both kneed him, apparently. The testimony was that it was
more than kneeing, that they were jumping up and down on his back. After he was handcuffed,
he was placed in the car, where apparently he had undergone some sort of... having
complications. The coroner confirmed that he died from "severe" contusions.
Mayor Clark: Broken bones.
253 February 29, 1996
Mr. Jones: Five broken ribs.
Commissioner Carollo: Five broken ribs, contusions, what else?
Mr. Jones: His liver, his collar bone was broken.
Commissioner Carollo: Collar bone broken.
Mr. Jones: Liver, spleen.
Commissioner Carollo: Liver, spleen.
Mr. Jones: Yes. That was it. The officers - of course, the testimony of the officers was
different - is that they indicated they only knelt down and put a knee in the side to restrain him.
But the coroner confirmed that it couldn't have been that way, given the nature of the injuries.
The eyewitnesses...
Commissioner Carollo: Now, this is a 67 year old person.
Mr. Jones: I understand that. We went as far, Commissioner, as to ask the coroner, "Is it
possible that, because this man is 64 years old"...
Commissioner Carollo: Sixty-seven, right?
Mr. Jones: At the time he was 64.
Commissioner Carollo: Sixty-four at the time, OK.
Mr. Jones: ... "is it possible that because he was 64 years old, that he had brittle bones, that that
could have contributed?" I mean, the coroner laughed in our faces. He says, "You've got to be
kidding," you know.
Commissioner Carollo: Well, all that I can say for the record is that it's outrageous that this
happened, to begin with, and it's even more outrageous that the City of Miami has had to pay six
hundred thousand dollars ($600,000) for what was done by City employees, and that not even a
reprimand has been given. Here is a man that lost his life, and not even a reprimand. Now, he
might have been drunk. Maybe he violated the law and got in the way, whatever, but to have
done to him what I heard from you here that was done is unconscionable. It should have never,
never happened. I don't know where these officers are at right now. I don't know either one of
them. And you're not going to find anyone in this Commission that is more pro law enforcement
than I am. But one thing is being pro law enforcement, and another thing is closing your eyes to
reality. And the realities are that these two officers, as I understood, that were involved in this,
should have never, never have brought this to what it came to. And I hope that since already
we've gone through Internal Affairs and the whole works, that... and it was found that there was
nothing wrong that they committed, supposedly, that at least, they're kept somewhere where this
will never happen again. Because, frankly, I do not feel comfortable having two officers such as
these work for the City of Miami.
Mayor Clark: All right. Thank you, Joe. Resolution 88-A...
Captain Joseph Longueira: Commissioner... Mayor, can I respond to just one thing, sir?
Mayor Clark: No. There's no sense in that.
254 February 29, 1996
Commissioner Dawkins: No, no.
----------------------------------------------------------------------------------------------------------------
66. RESCIND RESOLUTIONS 87-1007 AND 87-1008 -- DECLARE
COMMISSION INTENT TO MAINTAIN IN PERPETUITY PROPERTY
DONATED BY THE BRICKELL FAMILY IN 1924, AT 501 BRICKELL
AVENUE, INCLUDING PRIVATE BURIAL GROUND, AS BRICKELL
PARK.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Eighty -eight -A, rescinding in its entirety a resolution.
Commissioner Plummer: Does this, 88-A, does this clear up the matter relating to the lawsuit?
Mayor Clark: Yeah.
A. Quinn Jones, III, Esq. (City Attorney): No.
Commissioner Plummer: It does not. Well, what does this hope to accomplish?
Mayor Clark: Provide in perpetuity, the protection of the...
Mr. Jones: I think that... I think that all this...
Commissioner Plummer: Mr. Mayor, I'm trying to relate this to a lawsuit that we're being sued
over by the Brickell family.
Mr. Jones: Well let me... Go ahead, Commissioner, I'm sorry.
Commissioner Plummer: No. I...
Vice Mayor Gort: I'm the one that brought this resolution. There's several meetings I've had
with the Brickell individuals and Brickell Association. And one of the things is that we've
talked about and we've made a commitment, that we're going to maintain this as a park. My
understanding is that's a commitment that we've made. And in order to live up to our
commitment, we should rescind that resolution that was passed in '87.
Commissioner Plummer: Mr. Gort, I have no problem with that. I'm merely asking how, if any
way, does this relate to the City being sued by the Brickell family. The answer is no, it does not
relate.
Vice Mayor Gort: No.
Mr. Jones: No.
Commissioner Plummer: OK. Thank you.
Vice Mayor Gort: Move it.
Commissioner Plummer: Second.
255 February 29, 1996
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-139
A RESOLUTION RESCINDING, IN THEIR ENTIRETY, RESOLUTION NOS. 87-
1007 AND 87-1008, AND DECLARING THE INTENT OF THE CITY COMMISSION
TO CONTINUE TO MAINTAIN IN PERPETUITY THE PROPERTY, DONATED BY
THE BRICKELL FAMILY IN 1924, LOCATED AT 501 BRICKELL AVENUE,
INCLUDING THE PRIVATE BURIAL GROUND, AS BRICKELL PARK.
(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.
----------------------------------------------------------------------------------------------------------------
67. AUTHORIZE ACQUISITION OF REQUIRED LIBRARY REINFORCED
BOOKCASE UNITS FOR LAW DEPARTMENT -- FROM THOMAS W. RUFF
& COMPANY (UTILIZING SCHOOL BOARD OF BROWARD COUNTY BID
95-004H) -- ALLOCATE $44,000.
-------------------------------------------------------------------------------------------------
Mayor Clark: Item 88-B.
Commissioner Dawkins: Move it.
Mayor Clark: Second?
Vice Mayor Gort: Second.
Mayor Clark: Cast a unanimous ballot.
256 February 29, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-140
A RESOLUTION AUTHORIZING THE ACQUISITION OF REQUIRED LIBRARY
REINFORCED BOOKCASE UNITS FOR THE LAW DEPARTMENT FROM
THOMAS W. RUFF & COMPANY, UTILIZING EXISTING SCHOOL BOARD OF
BROWARD COUNTY, FLORIDA, BID NO. 95-004H, AT A COST NOT TO
EXCEED $44,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO.
230101-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION.
(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.
Commissioner Plummer: Forty-four thousand dollars ($44,000).
----------------------------------------------------------------------------------------------------------------
68. CLASSIFY 10,000 ROUNDS OF .38 CALIBER AMMUNITION AS
CATEGORY "A" SURPLUS STOCK -- DONATE AMMUNITION, IF
AVAILABLE, TO CITY OF WEST MIAMI.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Eighty-nine.
Commissioner Dawkins: Move it.
Mayor Clark: Second. Cast a unanimous ballot.
257 February 29, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-14.1
A RESOLUTION CLASSIFYING 10,000 ROUNDS OF .38 CALIBER AMMUNITION
AS CATEGORY "A" SURPLUS STOCK, SHOULD SUCH AMMUNITION BECOME
AVAILABLE; FURTHER, STIPULATING THAT IN SUCH CASE, SAID
AMMUNITION SHALL BE DONATED TO THE CITY OF WEST MIAMI,
FLORIDA, SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN
JANUARY 25, 1996 AND JANUARY 24, 1997, UPON THE EXECUTION OF THE
APPROPRIATE RELEASE DOCUMENTS; SAID AMMUNITION TO BE USED BY
THE POLICE DEPARTMENT OF THE CITY OF WEST MIAMI, FLORIDA, IN ITS
EFFORTS TOWARD DETERRING CRIME.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, 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.
----------------------------------------------------------------------------------------------------------------
69. ACCEPT PLAT: KORTH ESTATES.
Mayor Clark: Ninety-one.
Commissioner Dawkins: Move it.
Mayor Clark: Is there a second?
Vice Mayor Gort: That's the...
Commissioner Carollo: Are we on 88-B or...
Vice Mayor Gort: Ninety-one.
Commissioner Plummer: No, we...
Vice Mayor Gort: It's a plat.
Commissioner Dawkins: Ninety-one.
258 February 29, 1996
Mayor Clark: Ninety-one.
Commissioner Plummer: Book cases.
Mayor Clark: Is there a second?
Commissioner Plummer: Where are we?
Mayor Clark: Ninety-one.
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot, with no exception.
Commissioner Carollo: Korth Estates, or Korge?
Mayor Clark: Sir?
Commissioner Carollo: What estate is this there?
Vice Mayor Gort: Korge.
Commissioner Carollo: Korge.
Mayor Clark: That's your friend.
Commissioner Plummer: What?
A. Quinn Jones, III, Esq. (City Attorney): Korth, Korth. Not Korge. Korth.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-142
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.)
259 February 29, 1996
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.
----------------------------------------------------------------------------------------------------------------
70. ACCEPT BID: HORIZON CONTRACTORS, INC. ($160,038, TOTAL BID OF
PROPOSAL) -- FOR COCONUT GROVE IMPACT FEE STORM SEWER
PROJECT B-5622 -- ALLOCATE $160,038 (CONTRACT COST), $26,535.32
(ESTIMATED EXPENSES), $186,573.32 (ESTIMATED TOTAL), FROM CIP
352292.
Mayor Clark: Ninety-two.
Vice Mayor Gort: A resolution awarding the contract for Coconut Grove Impact Fee.
Mayor Clark: Is there a motion?
Commissioner Plummer: Move it.
Mayor Clark: With no exception, cast a unanimous ballot.
260 February 29, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-143
A RESOLUTION ACCEPTING THE BID OF HORIZON CONTRACTORS, INC. IN
THE PROPOSED AMOUNT OF $160,038.00, TOTAL BID OF THE PROPOSAL, FOR
"COCONUT GROVE IMPACT FEE STORM SEWER PROJECT, B-5622";
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 352292, AS
APPROPRIATED BY THE FISCAL YEAR 1994-1995 CAPITAL IMPROVEMENT
ORDINANCE NO. 11205, AS AMENDED, IN THE AMOUNT OF $160,038.00 TO
COVER THE CONTRACT COST AND $26,535.32 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF 4186,573.32; AND
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.)
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.
---------------------------------------- ----------------------------------------------------------------------
71. ACCEPT BID: VENECON, INC. ($200,000, TOTAL BID OF PROPOSAL) FOR GIBSON PARK RECREATIONAL BUILDING RENOVATION B-6228 --
ALLOCATE FUNDS (TOTAL: $240,660) FROM CIP 331384 & 331341.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Ninety-three.
Commissioner Dawkins: Move it.
Mayor Clark: With no exception, cast a unanimous ballot.
261 February 29, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-144
A RESOLUTION ACCEPTING THE BID OF VENECON, INC., IN THE PROPOSED
AMOUNT OF $200,000.00, TOTAL BID OF THE PROPOSAL FOR THE PROJECT
ENTITLED: "GIBSON PARK RECREATIONAL BUILDING RENOVATION, B-
6228 ; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NO. 331384, IN THE AMOUNT OF $120,000.00 AND CAPITAL
IMPROVEMENT PROJECT NO. 331341, IN THE AMOUNT OF $120,660.00, AS
APPROPRIATED BY 1995-1996 CAPITAL IMPROVEMENT ORDINANCE NO.
11337, TO COVER THE CONTRACT COST OF $200,000.00 AND OF $40,660.00 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$240,660.00; AND 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.)
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.
----------------------------------------------------------------------------------------------------------------
72. (A) ACCEPT BID: ACTION LAND DEVELOPMENT, INC.
($1,443,103.2, TOTAL BID OF PROPOSAL) -- FOR ORANGE BOWL
MODERNIZATION PHASE III, SUPERBLOCK DEVELOPMENT
SOUTH, SECOND BIDDING, B-6249 -- ALLOCATE $1,443,103.62
CONTRACT COST), $212,211.20 (ESTIMATED EXPENSES),
1,655,314.82 (ESTIMATED TOTAL), FROM CIP 404240.
(B) DIRECT MANAGER TO PREPARE MEMORANDUM STATING
THAT THIS IS THE LAST TIME THERE SHALL BE ANY COST
OVERRUNS ON ORANGE BOWL MODERNIZATION PROJECTS.
Mayor Clark: Ninety-four.
Commissioner Carollo: No one seconded 93, the Clerk says. I'll second it.
Commissioner Plummer: I have no numbers on 94.
262 February 29, 1996
Mayor Clark: Well, them Viers is one million four hundred and fc three thou
Mr. Wally Lee (Assistant City Manager): Commissioner, numbers were submitted to your office
at...
Commissioner Plummer: What?
Mayor Clark: I got them.
Commissioner Plummer: Well, they didn't give them to me. What are they?
Commissioner Plummer: I'll be glad to give you a copy.
Commissioner Plummer: How much? Just tell me.
Mayor Clark: A million four forty-three.
Mr. Lee: One million four forty-three one-o-three...
Mayor Clark: ... sixty-two.
Commissioner Plummer: Now, this is the Orange Bowl itself?
Mr. Lee: Yes, sir. It's the south end of the Orange Bowl, to match the parking lot on the north.
Mayor Clark: OK.
Commissioner Dawkins: To match the parking lot?
Mayor Clark: Yes.
Mr. Lee: Yes.
Mr. Cesar Odio (City Manager): We did the... We did the north side.
Mr. Lee: We did the north, the north part.
Mayor Clark: They did a lot of...
Commissioner Dawkins: That big... The iron fence you all... they put around there?
Mr. Lee: Yes, sir.
Mr. Odio: No, and the parking, and the lights, and...
Commissioner Dawkins: All right.
Commissioner Plummer: OK. That's... I'll go along with that. Now, I'm going to ask another
question. I brought to your attention a while back in reference to the painting of the Orange
Bowl. It's peeling off in big portions. Before the warranty runs out, which we spent over a
million dollars for, has the place been, the warranty been...
Mr. Lee: We are taking care of it, and we will... We're making a list to go to the company and
have them repair it at no cost to the City, sir. That's what you requested, and that's what we're
planning to do.
263 February 29, 1996
Commissioner Dawkins: Mr. Wally Lee.
Mr. Lee: Yes, sir.
Mayor Clark: Jesus.
Commissioner Dawkins: This contract is for what? How much?
Mr. Lee: One million four hundred and forty-three thousand one hundred and three dollars and
sixty two cents ($1,443,103.62).
Commissioner Dawkins: Send me a memorandum that this is it, there will be no cost overrun
like the front...
Mr. Odio: No, no.
Commissioner Dawkins: ... that there will be no emergencies here, where you got to pay
somebody for the cost overrun, or else don't do it.
Commissioner Plummer: Who's the company?
Commissioner Dawkins: On this other one you got... Every time I looked up, you had an
emergency with a cost overrun and what have you.
Commissioner Plummer: Who's... Well, that's the contingency.
Commissioner Dawkins: Me.
Mr. Lee: The low bidder was Action Land Development Corporation.
Commissioner Plummer: And are they the ones that did the north side?
Mr. Lee: They're in joint venture with the ones that did the north side.
Vice Mayor Gort: Who did the north side?
Commissioner Plummer: Are they a local company?
Mr. Lee: Local, yes, sir.
Commissioner Plummer: Thank you.
Mr. Lee: 14250 Southwest 106th Terrace.
Commissioner Plummer: That's not local, City of Miami.
Mr. Lee: Well, sir, it's Dade County.
Commissioner Plummer: Yeah, OK.
Mr. Lee: OK. Not out of town.
Mayor Clark: Motion and a second. If there's no exception, cast a unanimous ballot, Mr. Clerk.
264 February 29, 1996
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-145
A RESOLUTION ACCEPTING THE BID OF ACTION LAND DEVELOPMENT
CORP., IN THE PROPOSED AMOUNT OF $1,443,103.62, TOTAL BID OF THE
PROPOSAL, FOR THE PROJECT ENTITLED: "ORANGE BOWL
MODERNIZATION PHASE III, SUPERBLOCK DEVELOPMENT - SOUTH,
SECOND BIDDING, B-6249"; ALLOCATING FUNDS THEREFOR FROM PROJECT
NO. 404240, AS APPROPRIATED BY 1995-1996 CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, TO COVER THE CONTRACT COST OF $1,443,103.62
AND OF $212,211.20 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $1,655,314.82; AND 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.)
Upon being seconded by Mayor Clark, 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.
'----------------------------------------------------------------------------------------------------------
73. ACCEPT BID: DESIGN AWNING AND STRUCTURES, INC. ($104,400,
TOTAL BID OF PROPOSAL) -- FOR BAYFRONT PARK SOUTH END -
STAGE CANOPY, B-3256 -- ALLOCATE $104,400 (CONTRACT COST),
$5,887 (ESTIMATED EXPENSES), $110,287 (ESTIMATED TOTAL), FROM
CIP 331393.
Commissioner Plummer: Ninety-five, I move it.
Commissioner Dawkins: I second it, but I'd like to know...
Commissioner Plummer: What do you want to know?
Commissioner Dawkins:... why this has not been done.
Commissioner Plummer: Why has it not been done?
Commissioner Dawkins: Yeah. This money was appropriated when I was over there as
Chairperson.
265 February 29, 1996
Commissioner Plummer: Because we had to go through the process of getting Naguchi's firm
firm up there to approve the plans. We had to go through a bidding process, and then the money
was lost, and we had to reinstate the money, and that's where we are today.
Commissioner Dawkins: So if I move this today, I will have no more problems out of you. It's
finished.
Commissioner Plummer: God... No, I didn't say that. No way, Jose.
Mayor Clark: All right. Motion and a second. If no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-146
A RESOLUTION ACCEPTING THE BID OF DESIGN AWNING & STRUCTURE
CORP., IN THE PROPOSED AMOUNT OF $104,400.00, TOTAL BID OF THE
PROPOSAL, FOR THE PROJECT ENTITLED: BAYFRONT PARK SOUTH END -
STAGE CANOPY, B-3256"; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 331393, AS APPROPRIATED BY 1995-1996
CAPITAL IMPROVEMENT ORDINANCE NO. 11337, TO COVER THE CONTRACT
COST OF $104,400.00 AND OF $5,887.000 TO COVER THE ESTIMATED
EXPENSES FOR AN ESTIMATED TOTAL COST OF $110,287.00; AND
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.)
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.
266 February 29, 1996
----------------------------------------------------------------------------------------------------------------
74. INSTRUCT CITY ATTORNEY TO PROVIDE ALL COMMISSIONERS WITH
COPIES OF ALL WRITTEN LEGAL OPINIONS ON REQUESTED BY A
COMMISSIONER.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: I have one that... on item number 98.
Vice Mayor Gort: Ninety-seven.
Commissioner Plummer: What about...
Mayor Clark: Instructing the City Attorney... Listen.
Commissioner Plummer: Ninety-six.
Mr. Wally Lee (Assistant City Manager): No, ninety...
Mayor Clark: Ninety-eight. ... the City Attorney to provide all Commissioners with a copy of
any written legal opinions requested by anyone to each member of the Commission, because the
County Attorney works for all the members of the - the City Attorney...
Commissioner Plummer: City Attorney.
Mayor Clark: ... works for all of them, everyone. I move it.
Commissioner Plummer: I second it.
Commissioner Carollo: If I may, Mr. Mayor. We will have to make this in a form of an
ordinance for it to be legal. A resolution would not be binding. I think the proper way is an
ordinance.
Mayor Clark: Well, let's see. Mr. Attorney?
Commissioner Carollo: Am I correct, Mr. Attorney?
Commissioner Plummer: Go ahead.
A. Quinn Jones, III, Esq. (City Attorney): Well, you don't... Excuse me. You don't have to. I
mean, a resolution is fine. But if you want it in the form of an ordinance, that would be codified,
certainly, I can accommodate whatever the Commission's wish is.
Mayor Clark: I think the resolution is fine, Joe. I don't think...
Commissioner Carollo: OK. That's fine.
Commissioner Dawkins: All right. Under... Has it been passed?
Mayor Clark: Yes, sir.
Commissioner Dawkins: OK. I want all four Commissioners to understand...
267 February 29, 1996
Commissioner Plummer: This doesn't accomplish what you want.
Commissioner Dawkins: I wish everybody would hear this.
Commissioner Plummer: I'm listening.
Mayor Clark: Wait a minute, J.L. Just a minute, please.
Commissioner Dawkins: Go right ahead, Mr. Mayor.
Mayor Clark: Do you think we should have an ordinance?
Commissioner Plummer: No, no. What I'm saying is, I think that if what we're trying to do, all
be among the well informed, that the City Attorney should be instructed to provide every
member of this Commission, whether oral opinion or written, be supplied to each Commissioner,
written.
Commissioner Dawkins: No way, no way.
Mayor Clark: Written...
Commissioner Dawkins: No way.
Commissioner Carollo: Well, see, we're getting to the point, J.L., that you have to have some
client/attorney relationship.
Commissioner Dawkins: Mm-mmm, no. See, that's... Written reports, anything I ask for in
writing, you are entitled to know about.
Commissioner Plummer: OK. That's fine.
Mayor Clark: Motion and a second. Cast a unanimous ballot, Mr. Clerk, on item number 98.
Commissioner Plummer: That's fine. So you just don't write it down if you don't want to hear
it.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 96-147
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO PROVIDE ALL CITY
COMMISSIONERS WITH A COPY OF WRITTEN LEGAL OPINIONS WHICH ARE
PREPARED UPON THE REQUEST OF ANY CITY COMMISSIONER OR THE CITY
COMMISSION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
268 February 29, 1996
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.
----------------------------------------------------------------------------------------------------------------
75. (A) INSTRUCT CITY ATTORNEY TO NOTIFY COMMISSION UPON
ENGAGEMENT OF OUTSIDE LEGAL COUNSEL FOR $4,500 OR
LESS.
(B) ALLOCATE $10,000 FOR RONALD KRONGOLD, ESQ., SPECIAL
COUNSEL, CONCERNING MIAMI HEAT NEGOTIATIONS.
-------------------------------- -------------------------------------------------------------------------------
Mayor Clark: Ninety-nine. Mr. Attorney.
Commissioner Plummer: City Attorney.
Mayor Clark: Notify the Commission on any engagement of outside legal counsel in the amount
of forty-five hundred dollars ($4,500) or less.
Commissioner Carollo: Yeah, that's something they should do. That's no problem.
Commissioner Dawkins: OK. But now, when we got to cases like when we hired the lawyer for
the Heat negotiations, to find out how we could buy the Arena, that had to be done on a
moment's notice. There was no time to come to the Commission to find out if you could go over
forty-five hundred dollars ($4,500). What are you going to do in a case like that? You're just
saying from now on, if it's anything over forty-five hundred dollars ($4,500), it cannot be done
until this Commission meets and OKs it.
Mayor Clark: Absolutely.
A. Quinn Jones, III, Esq. (City Attorney): Well, that's...
Commissioner Carollo: Well, this is talking about under forty-five.
Mr. Jones: That's in the Code now. That's already in the Code as is. I have to come for
anything over forty-five hundred dollars ($4,500), anyway.
Commissioner Dawkins: That's OK. But... No, but you see, people come to you - OK? - in a
moment's notice, that they need outside counsel, and it's all right. OK? But now, we're saying
that nobody can get it, don't care what happens.
Commissioner Carollo: Yeah.
269 February 29, 1996
Commissioner Dawkins: OK?
Commissioner Carollo: For the record, as a point of information, how much are we up to in the
dollars that Mr. Krongold has charged the City so far? Do you know? Did we set a limit on
that?
Mr. Jones: I have...
Commissioner Dawkins: No, he didn't charge...
Mayor Clark: I think...
Commissioner Carollo: Since that happened before, I came, did we ever set a limit on that?
Mr. Jones: Well...
Commissioner Dawkins: I think he was... I think, Joe - and if I'm in error, somebody will
correct me - he donated his services, I think.
Mr. Jones: No. No. When I engaged Mr. Krongold, it was with the understanding that it would
be for forty-five hundred dollars ($4,500), and anything above that amount would have to be
approved by the City Commission. Now, what I understand, at this point, that he's exceeded that
amount. I have not seen a bill or whatever, except for the first bill.
Mayor Clark: It's not going to be that expensive.
Commissioner Dawkins: OK, go ahead. I'm sorry.
Commissioner Carollo: See, that's a concern, because...
Mr. Jones: Yeah.
Commissioner Carollo: You know, how much will we be charged?
Mr. Jones: Yeah.
Commissioner Dawkins: OK. Well, I have... sorry. I'm sorry, Joe.
Commissioner Carollo: We need to make a determination if we...
Mayor Clark: Contact him and get back with Mr. Carollo.
Commissioner Carollo: Yeah. Mr. Odio, he was hired for a specific purpose at the time, and
I'm wondering if maybe we still need his service or not at this point in time. The team that...
Mr. Jones: Let's put a limit on what you want to...
Commissioner Carollo: ... Mr. Ridder has brought in that has attorneys, and so on, are they
going to be used to help the City and the Sports Authority negotiate this?
Mr. Cesar Odio (City Manager): No, sir.
Commissioner Carollo: They're not going to be used at all, the attorneys.
270 February 29, 1996
Mr. Odio: The attorneys...
Mr. Jones: In Krongold.
Commissioner Plummer: What attorneys?
Mr. Jones: In Krongold.
Commissioner Carollo: What Mr. Ridder brought out.
Mr. Odio: No, they brought a consultant...
Commissioner Plummer: No, they have a consultant, Joe.
Mr. Odio: They didn't bring any...
Commissioner Carollo: They're consultants and attorneys in that group.
Mr. Odio: I don't know.
Commissioner Plummer: Well, whoever they brought on as a consulting team will be used on
this project, yes.
Commissioner Dawkins: OK.
Mayor Clark: Motion and a second on 99.
Commissioner Dawkins: And it's passed unanimous.
Mayor Clark: All right.
271 February 29, 1996
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-148
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO NOTIFY THE CITY
COMMISSION UPON THE ENGAGEMENT OF OUTSIDE LEGAL COUNSEL IN
AN AMOUNT OF FORTY-FIVE HUNDRED DOLLARS ($4,500) OR LESS.
(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 Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Dawkins: OK. The only thing I have to say is, it was my understanding, in error,
that... Mr. Krongold came to me and said the Mayor asked him to do a favor, and that was why
he was doing what he was doing. I didn't know he had been engaged.
Commissioner Plummer: Who's that?
Mayor Clark: Krongold?
Commissioner Plummer: Mr. Krongold?
Commissioner Dawkins: Mm-hmm.
Mayor Clark: I didn't ask him to do any favor.
Commissioner Dawkins: That's what he... Hey, I'm saying what I heard. OK?
Commissioner Carollo: Well, shouldn't we set a limit on the cost that we're going to have?
Because I don't want to turn around next month, and we got a huge bill.
Mr. Jones: Well, can we do this, Commission? Can you put a limit on it?
Commissioner Plummer: What do you recommend?
Mr. Jones. I don't know. I guess what...
Commissioner Dawkins: Three, forty-five hundred dollar ($4,500) contracts.
Mr. Jones: No. I would recommend at this point, I would say...
Commissioner Carollo: Well, let's go for double the amount, then, nine thousand.
272 February 29, 1996
Mr. Jones: I would say a limit... Huh?
Commissioner Carollo: Nine thousand. Double the forty-five hundred dollars ($4,500) limit
that you have.
Mr. Jones: I think he's... He's at that now.
Commissioner Carollo: And no one even would bring it up to us unless Commissioner Dawkins
asked.
Mr. Jones: I mean, I have...
Commissioner Carollo: I mean...
Commissioner Dawkins: OK. Say twelve, and that's it. Cap it at twelve. Mm-hmm.
Commissioner Carollo: See, this is the way business should not be done.
Mr. Jones: I understand.
Commissioner Carollo: Here, in one hand, we're making a resolution, asking to be notified for
anything under forty-five hundred dollars ($4,500), but here, someone has gone well over that,
and we're not being told about it.
Mr. Jones: Commissioner, let me explain something to you. When I engaged Mr. Krongold, I
told him very explicitly that his services were being procured for forty-five hundred dollars
($4,500), OK?
Commissioner Carollo: I understand that.
Mr. Jones: And he sent me a bill for that. All of a sudden, negotiations picked up with the Heat
or whatever. I was not further contacted, one way or the other. I have not seen a bill since.
Commissioner Carollo: Well, I'll make a resolution that we limit that to no more than ten
thousand dollars ($10,000). I mean, I think that's a reasonable amount. I don't even know what
we're being charged an hour. I hope it's a government rate. What are we being charged an
hour?
Mr. Jones: I think it was one... If I'm not mistaken, I think it was one seventy, one seventy-five.
Commissioner Carollo: Yeah, that's a proper rate, between one fifty and one seventy-five.
Commissioner Dawkins: Mr. Mayor, I have a pocket item before we go to the...
Mayor Clark: Go ahead.
Vice Mayor Gort: Second.
Commissioner Carollo: Well, hold on. Miller, I'm making a motion that we limit that to ten
thousand dollars.
Commissioner Dawkins: Oh. I'm sorry.
273 February 29, 1996
Mayor Clark: Either that or come back before the Commission for an increase.
Commissioner Plummer: Anything in excess, come back.
Commissioner Carollo: Well, but before it's spent, J.L. I mean...
Mayor Clark: Yeah.
Mr. Jones: Yeah.
Vice Mayor Gort: Second.
Commissioner Carollo: OK. Fine.
Commissioner Dawkins: OK. It's been seconded by...
Mayor Clark: Second. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-148.1
A RESOLUTION APPROVING THE ENGAGEMENT OF THE LAW FIRM OF
KRONGOLD AND TOLD, P.A. TO RENDER PROFESSIONAL SERVICES TO THE
CITY OF MIAMI IN CONNECTION WITH THE MIAMI ARENA CONTRAC'?'
BETWEEN THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND
DECOMA, LTD.; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $10,000, FROM SPECIAL PROGRAMS AND ACCOUNTS FOR
SERVICES.
(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.
274 February 29, 1996
----------------------------------------------------------------------------------------------------------------
76. DISCUSSION CONCERNING PURCHASE OF SURPLUS MOTOR POOL
EQUIPMENT BY DOMINICAN MUNICIPASLITY LEAGUE -- DIRECT
ADMINISTRATION TO AUCTION SURPLUS EQUIPMENT AT MOTOR
POOL.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, I have a pocket item, please.
Mayor Clark: Go ahead.
Commissioner Plummer: We're going to do pocket items? Great.
Commissioner Dawkins: Yeah. Mr. Williams... Is the gentleman here from Santo Domingo?
All right, come on, come on up. Mr.... My fellow Commissioners, this gentleman came to me,
and we went out in the motor pool, and he saw the equipment, and he asked me was it possible to
purchase it. I went to Mr. Williams, and I asked Mr. Williams, did we want to clean up the lot.
So Mr. Williams said yes. I asked Mr. Williams to give me a list of the equipment, and I have a
list of the equipment. Mr. Williams, there's 15 pieces that we had to leave that I had designated
for Haiti, and somebody had designated for...
Commissioner Plummer: Costa Rica.
Mr. Ron Williams (Assistant City Manager): It's down to ten at this point, Commissioner,
because I believe...
Commissioner Dawkins: Ten? OK, down to ten. Those ten were off to the side. This
gentleman wants to purchase... How many pieces is it, Mr. Williams? Twenty-five... What...
Twenty-five, 26.
Mr. Williams: We just gave you a full listing. Certainly, you know, we'd want them...
Commissioner Dawkins: OK. Yeah, but I need... OK. Well, let me count them. Twenty-five...
OK. Well, anyway, this listing... The only thing that I'd say is that he has to be out of his mind
to pay six thousand dollars ($6,000) for those trucks.
Mayor Clark: How many trucks?
Commissioner Dawkins: He wants to buy 25. And I told Mr. Williams that I would ask us to let
him have them for four thousand, since he's going to buy them, get them out of the yard, he's
going to take all the other broken down ones. What did we say for the... We have some that
we're going to let him have for a thousand dollars ($1,000), some for two thousand dollars
($2,000).
Commissioner Plummer: That has... That's cutting fifty thousand dollars ($50,000) off the bill?
Commissioner Dawkins: Yes... Yes... No. Yeah, that's producing fifty thousand dollars
($50,000) for us.
Commissioner Plummer: Well, Commissioner, just for the record, whenever we have done
business with the Sister City Program, we have never deviated from the surplus price declared by
275 February 29, 1996
the City, and that's what I understand the surplus price is, the six thousand dollars ($6,000).
Now, we have, on occasion, thrown one or two trucks in for spare parts.
Commissioner Carollo: How about the trucks we sent a couple of months ago to Damascus?
Commissioner Plummer: To where?
Commissioner Carollo: Damascus, Jordan.
Commissioner Plummer: I have... I don't even know what you're talking about, Joe.
Commissioner Dawkins: They went free.
Commissioner Carollo: Well, didn't we approve some trucks to go to Jordan?
Mayor Clark: Damascus is not in Jordan.
Commissioner Carollo: Syria, I'm sorry.
Mr. Williams: We've not... They've not been sent.
Mayor Clark: Garbage trucks, I think.
Commissioner Dawkins: OK. Look, the gentleman... OK.
Commissioner Plummer: Where... Who...
Commissioner Carollo: I'm thinking of the other guys.
Commissioner Plummer: Who does the gentleman represent? I need to know that.
Commissioner Dawkins: He represents... Wait a minute. Willy, read this, because I can't read
it.
Commissioner Plummer: No, he can tell me.
Commissioner Dawkins: No, he don't have to tell you. I'm going to read it for you. All right.
Read that, Mr.... Read that.
Vice Mayor Gort: "Liga Municipal Dominicana."
Commissioner Plummer: Huh?
Commissioner Dawkins: Read it, read it out... Read the whole thing.
Commissioner Plummer: No, no, no. Once you get finished reading, I'm still going to ask him
who he represents.
Commissioner Dawkins: OK. But I would like for him to read the letter.
Vice Mayor Gort: This is the Dominican Municipality League. This is the Secretary General,
and they're writing a letter to Commissioner Miller Dawkins.
"Distinguished Commissioner: I, as the Secretary of the National General League
of Municipality of Dominican Republican Institution, made out with... by our
276 February 29, 1996
laws, has the duty to give service to technical and economic, all the municipalities
within the Dominican Republic. By this mean, I'm communicating to you that
Mr. Franklin. De la molta es persona reconocida; it's a person well known and
'de solvencia, and actually maintains businesses with different municipalities in
the interior of the country."
Commissioner Plummer: Whoa, whoa, whoa. Stop right there. He's maintaining a business
with other municipalities?
Vice Mayor Gort: He's a recognized person...
Commissioner Plummer: Or is he representing other municipalities? Is he doing business?
He's going to buy these and then sell them to the municipalities?
Commissioner Dawkins: No.
Commissioner Plummer: That's what it says here. He's doing business with them.
Commissioner Dawkins: OK. My understanding was picking up the garbage with them. I
don't... Hey, hold it.
Commissioner Plummer: I don't know. That's what I'm asking.
Commissioner Dawkins: I don't know either., see.
Mr. Peter Romero: He's not... He's not... Excuse me. My name is Peter Romero. I'm just
translating for him. He's not purchasing the vehicles for resale. He's purchasing the vehicles to
work with them, to use, to put them to work.
Commissioner Plummer: For himself. My understanding, the gentleman has got the contract to
provide the sanitation services to the different municipalities in the Dominican Republic, and he
needs the trucks in order to comply with the municipalities.
Vice Mayor Gort: So is his a profit -making corporation? Is it a profit -making corporation? Mr.
... Mr.... I would ask that this be deferred till the next meeting.
Commissioner Dawkins: OK. Hold it. I tell you what.
Commissioner Plummer: OK.
Commissioner Dawkins: I'm sorry I had you come over. OK? Now, you called me yesterday,
telling me, and you flew over here from... They got a lot of trash over there in that yard that we
are trying to unload.
Commissioner Plummer: Commissioner, if he could answer my questions, I wouldn't feel so
bad.
Commissioner Dawkins: But, no, wait a minute. No, now, you have to... No, you can't tell me
how to run my business.
Commissioner Plummer: Not at all, sir.
Commissioner Dawkins: OK? Thank you. See? OK. Now, it doesn't make sense for you and
me to go over there with Mr. Williams, and look at some ragged trucks that are broken down,
277 February 29, 1996
that the least one, you'd have to spend five thousand dollars ($5,000) in to even get it running.
And then ask you to fly back over here next week for a feel good meeting.
Commissioner Plummer:
No, it's not feel good, Commissioner.
Commissioner Dawkins:
OK. What is it, Commissioner Plummer?
Commissioner Plummer:
I ask again, is his a profit -making corporation?
Commissioner Dawkins:
It's impossible for him to pick up garbage down there for not a profit.
Commissioner Plummer:
Then we...
Commissioner Dawkins:
You can't pick up... Tell him what I say.
Commissioner Plummer:
Then according to the law, we can't do business with him. If he is a
profit -making corporation, he has no special favors. We'll have an auction, and he can come up
here and bid on them. That's my point. We can do with government to government, and we can
give them free, but not to
a...
Commissioner Dawkins:
Well, let's...
Commissioner Plummer:
You can't do it to a profit -making corporation.
Commissioner Dawkins:
All right, OK. OK. You...
Commissioner Plummer:
And that's my understanding.
Commissioner Dawkins:
OK. Hold it, then. I don't have a problem with that.
Commissioner Plummer:
Am I right or wrong?
Commissioner Dawkins:
Tell him... Tell him go back home.
Commissioner Plummer:
We'll notify him when the auction...
Commissioner Dawkins:
Get a letter from his government that these will be used by the
government, and we'll give them to you free. That's what Mr. Plummer just said. You can have
them all free.
Commissioner Plummer:
I didn't say that.
Commissioner Dawkins:
Yes, you did.
Commissioner Plummer:
I said, "You could."
Vice Mayor Gort: Can I give you a suggestion?
Commissioner Dawkins:
Yes, sir.
Vice Mayor Gort: Why
don't you go ahead and let him put a bid, and then I think you can
request for bids.
Commissioner Plummer:
Hey, he can bid as an... Well, no, it's got to...
278 February 29, 1996
Vice Mayor Gort: He can bid as an individual.
Commissioner Plummer: No, Willy, you can't. You got to go to a public auction.
Mr. Williams: Yeah.
Commissioner Dawkins: You have to go to a public auction.
Commissioner Plummer: You've got to go to public auction.
Vice Mayor Gort: Well, he can look at the trucks and put his...
Commissioner Dawkins: OK. Tell you what. OK. J.L. Plummer, I mean not... I'm sorry.
Would this Commission... Would this Commission, Mr. Williams, could we advertise that in 30
days, we're going to have an auction, and let this gentleman come, and let there be an auction,
and let him bid on whatever it is?
Commissioner Plummer: Absolutely.
Mr. Williams: Yes, Commissioner.
Commissioner Dawkins: OK. All right. Tell him...
Commissioner Plummer: He might get them cheaper.
Commissioner Dawkins: He will.
Commissioner Plummer: That's fine.
Commissioner Dawkins: OK.
Mr. Romero: As I understand it, the letter is from the government.
Commissioner Dawkins: That's OK. Listen...
Commissioner Plummer: That has no bearing on it, sir. It's a... It's a for -profit corporation.
We can't do business with a profit...
Commissioner Dawkins: Listen to me. Listen. Plummer, Gort and I have said that we're going
to... Mr. City Attorney, can we advertise in 30 days, and auction this stuff off in 30 days?
Mr. Joel Maxwell (Deputy City Attorney): Yes, sir. I think that question has just been
answered.
Commissioner Plummer: Absolutely.
Commissioner Dawkins: OK. All right. Thirty days from today would be the 29th of...
Mr. Williams: Commissioner.
Commissioner Dawkins: Yeah.
Mr. Williams: Commissioner, if I may.
279 February 29, 1996
Commissioner Dawkins: Mm-hmm.
Mr. Williams: I've been working on an auction for other type stuff not related to this, I think, in
early April, which is well within there, and I certainly can get their information and notify them
of that firm date, so that we got our advertising, and I won't have to do it twice.
Commissioner Dawkins: OK. OK.
Commissioner Plummer: So be it.
Commissioner Dawkins: OK. So be it. We're going to... And you come and bid on them, and
he's going to get them for much less than what it is here.
Commissioner Plummer: Maybe.
Commissioner Dawkins: No "maybe" in it. Nobody wants that trash, J.L.
Commissioner Plummer: Fine. But at least we've lived up to the letter of the law.
Commissioner Dawkins: OK. As long as we do that, we don't have a problem.
Mayor Clark: OK.
Commissioner Dawkins: We don't need a problem.
Mayor Clark: Other pocket items?
Commissioner Plummer: Yes, sir, I have pocket items.
Mr. Romero: Within... He's just asking within 30 days?
Commissioner Dawkins: No, no.
Commissioner Plummer: He'll be notified.
Commissioner Dawkins: I will give you the date.
Mr. Romero: OK.
END OF DISCUSSION -- NO ACTION TAKEN
280 February 29, 1996
----------------------------------------------------------------------------------------------------------------
77. APPROVE ACQUISITION OF PRINTING SERVICES FROM TIME LINE OF
MIAMI, INC. -- FOR PRINTING ACCREDITATION SEALS TO AFFIX ON
MARKED CITY OF MIAMI POLICE CARS -- ALLOCATE FUNDS ($6,696)
FROM LAW ENFORCEMENT TRUST FUND (LETF).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, can I take care of the one for the Police Department first?
Mayor Clark: Yeah, go ahead.
Commissioner Plummer: And this is not one of mine. A resolution approving the acquisition of
printing services from Time Line of Miami for the printing of accreditation seals to affix on all
marked Miami police cars, in the amount of six thousand, six ninety-six for the Department of
Police, allocating funds from the Law Enforcement Trust Fund, pursuant to Resolution 95-440,
authorizing the City Manager to instruct the Chief Procurement Officer to issue a purchase order
for said service. I so move.
Commissioner Dawkins: Buying what?
Commissioner Plummer: It's an order from the Police Department for seals.
Commissioner Dawkins: Oh, seals to go on the side of the car.
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: And that can't come from the general fund. That has to come from the
LETF (Law Enforcement Trust Funds) funds.
Commissioner Plummer: Sir...
Captain Joseph Longueira: Sir, you approved that last year sometime, a resolution authorizing
that.
Commissioner Plummer: This is... I think to ratify it.
Commissioner Dawkins: Beg your pardon?
Captain Longueira: You had approved that in a resolution last year, authorizing that.
Commissioner Dawkins: Well, why are you bringing it back now?
Captain Longueira: This is the actual purchase.
Commissioner Dawkins: OK.
Mayor Clark: There's a motion and a second. Cast a unanimous ballot.
281 February 29, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-149
A RESOLUTION APPROVING THE ACQUISITION OF PRINTING SERVICES
FROM TIME -LINE OF MIAMI, INC., FOR THE PRINTING OF ACCREDITATION
SEALS TO AFFIX ON ALL MARKED MIAMI POLICE DEPARTMENT CARS, IN
THE AMOUNT OF $6,696, FOR THE DEPARTMENT OF POLICE; ALLOCATING
FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND
PURSUANT TO RESOLUTION NO. 95-440, ADOPTED JUNE 1, 1995;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
SERVICES.
(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.
78, APPROVE REQUEST FROM DEPARTMENT OF OFF-STREET PARKING
TO HIRE OUTSIDE COUNSEL IN CONNECTION WITH PENDING
LAWSUIT BY STATE OF FLORIDA INVOLVING THREE
GOVERNMENTAL AGENCIES.
Mayor Clark: What else, J.L.?
Commissioner Plummer: One here from the Off -Street Parking Authority is being sued by the
State of Florida. It would be in the best interest of the City to allow them to hire outside counsel,
because there are three governmental agencies involved. This needs Commission today so they
have time to handle it accordingly. Mr. Clark Cook, are you here? Mr. Clark Cook, please come
up.
Mr. Clark Cook: My name is Clark Cook. I'm Executive Director of the Miami Parking
System,190 Northeast 3rd Street.
Mayor Clark: Go ahead, J.L.
Commissioner Plummer: Good. Go ahead, sir.
282 February 29, 1996
Mr. Cook: At a recent board meeting yesterday, our board, after reviewing the lawsuit, are very
pleased with the job the City of Miami Attorney is doing and his staff is doing. We think they're
doing a wonderful job. But we... The board expressed some concerns, since this was such a
very important lawsuit to us, and since there were a number of government agencies involved,
that we be allowed to hire outside counsel. We cannot hire outside counsel unless this
Commission allows us to do so.
Mayor Clark: Do you recommend it, Mr. Attorney?
A. Quinn Jones, III, Esq. (City Attorney): Hey, I wasn't... You know, I wasn't contacted. I
mean, if they want outside counsel, Mr. Mayor, they can have outside counsel. You know, I
don't want, you know, anybody trying to say or infer from this that somehow that our office is
incompetent or whatever else.
Commissioner Plummer: Why didn't you contact the City Attorney's Office?
Mr. Cook: I attempted to contact the City Attorney. I made a phone call and he was tied up. I
talked to two of his assistants, Mr. Diaz, and discussed it with him, because the City Attorney
was in another meeting. That was on Tuesday, I think, if my memory is correct, and the meeting
was on Wednesday morning. And I needed to move quickly because I had to get this.
Commissioner Plummer: All right. Where are we? Let's don't bog down. Yes or no? Do you
need a motion? Do they need a motion?
Mr. Cook: You need... The City Commission needs to do a motion.
Commissioner Plummer: I move it.
Mr. Cook: OK.
Mayor Clark: Second?
Commissioner Plummer: How much? Not to exceed what amount?
Mr. Cook: We've set no... I've set no fee. It would be by our funds, not by City funds. It
would be the Miami Parking System.
Commissioner Plummer: OK. I move it.
Vice Mayor Gort: Second.
Commissioner Plummer: OK.
Mayor Clark: Any exception? Cast a unanimous ballot.
283 February 29, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-150
A RESOLUTION GRANTING THE REQUEST OF THE OFF-STREET PARKING
AUTHORITY ("AUTHORITY") TO ENGAGE OUTSIDE COUNSEL IN
CONNECTION WITH A LAWSUIT FILED BY THE STATE OF FLORIDA
AGAINST THE AUTHORITY; ALLOCATING FUNDS THEREFOR FROM THE
BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
------------------------------------- ---------------------------------------------------------------------
79. AMEND RESOLUTION 96-68 CONCERNING COCONUT GROVE ARTS
FESTIVAL (FEBRUARY 17-19, 1996) -- ALLOCATE $60,000.
Commissioner Plummer: Here's one for clarification. A resolution amending Section 2 of
Resolution Number 96-68 adopted January 25, '96, concerning the Coconut Grove Art Festival
to be conducted by the Coconut Grove Association, Inc., February 17, 1996, thereby allocating
not to exceed sixty thousand from the Special Programs Account to cover the City of Miami
Police, Fire Rescue and Solid Waste support. You've passed this already. It's the wording that
you're clearing up at this time. I so move.
Mayor Clark: Is there a second?
Vice Mayor Gort: Second.
Commissioner Plummer: A resolution related to the Greater Miami...
Mayor Clark: Cast a unanimous ballot.
Commissioner Plummer: I'm sorry.
284 February 29, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-151
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 96-68, ADOPTED
JANUARY 25, 1996, RELATED TO THE THIRTY-THIRD ANNUAL COCONUT
GROVE ARTS FESTIVAL, CONDUCTED BY THE COCONUT GROVE
ASSOCIATION, INC., TO BE HELD FEBRUARY 17FH THROUGH FEBRUARY
19TH, 1996, THEREBY PROVIDING THAT THE COSTS TO COVER THE
SERVICES TO BE PROVIDED BY THE DEPARTMENTS OF POLICE, FIRE -
RESCUE AND GENERAL SERVICES ADMINISTRATION/SOLID WASTE FOR
SAID EVENT BE ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS,
IN AN AMOUNT NO TO EXCEED $60,000.
(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
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
80. GRANT REQUEST FOR FEE WAIVERS ($6,800 FOR POLICE AND FIRE -
RESCUE SERVICES) BY YWCA OF GREATER MIAMI CONCERNING THE
GREATER MIAMI RACE FOR THE CURE EVENT (MAY 11, 1996).
Commissioner Plummer: A resolution related to the Greater Miami race for the cure... event to
be conducted by the YWCA (Young Women's Christian Association) of Greater Miami on May
11th, authorizing the City waiver of all waivable fees, allocation in the amount not to exceed
sixty-eight hundred from Special Programs, amount to cover the cost of City of Miami Police
and Fire Rescue for said event, said authorization conditioned upon the organizers obtaining all
necessary permits and insurance to protect the City in the amount as proscribed by the City
Manager or designee. I so move.
Commissioner Carollo: Can you repeat that, J.L.?
Commissioner Plummer: Did anybody... Is it passed?
Vice Mayor Gort: Second.
Mayor Clark: Yes. Cast a unanimous ballot.
285 February 29, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-152
A RESOLUTION RELATED TO THE GREATER MIAMI RACE FOR THE CURE
EVENT TO BE CONDUCTED BY THE YWCA OF GREATER MIAMI ON MAY 11,
1996; AUTHORIZING THE WAIVER OF ALL WAIVABLE FEES AND THE
ALLOCATION OF AN AMOUNT NOT TO EXCEED $6,800 FROM SPECIAL
PROGRAMS AND ACCOUNTS TO COVER CITY OF MIAMI POLICE AND FIRE
RESCUE SERVICES FOR SAID EVENT; SAID AUTHORIZATIONS
CONDITIONED FROM THE ORGANIZERS OBTAINING (1) ALL NECESSARY
PERMITS AND (2) INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
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 Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
81. APPROVE LEASE AGREEMENT CONCERNING EDGEWATER POLICE
MINI -STATION AT 2415 BISCAYNE BOULEVARD.
Commissioner Plummer: The next one, authorizing the City Manager to execute a one year
lease agreement in substantially the attached form with Castlemount Realty to provide space for
the operation of the Edgewater Mini Police Station located at 2415 Biscayne Boulevard,
allocating funds therefor from the - what account? - Special Programs Account in an amount not
to exceed fifty-four hundred dollars ($5,400) for leases of property for said mini station, plus
taxes. But remember, they gave nine hundred dollars ($900) to get that done. All right?
Mayor Clark: There's a motion.
Commissioner Carollo: Second.
Mayor Clark: Cast a unanimous ballot.
286 February 29, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-153
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CIT
MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH CASTLE -MOUNT REALTY & MANAGEMENT, FOR A
ONE-YEAR PERIOD, WITH A ONE-YEAR RENEWAL OPTION, TO PROVIDE
SPACE AT 2415 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FOR THE
OPERATION OF THE EDGEWATER MINI POLICE STATION; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $5,400.00 PLUS
APPLICABLE TAXES, FROM SPECIAL PROGRAMS AND ACCOUNTS, FOR
LEASE OF SAID SPACE.
(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
----------------------------------------------------------------------------------------------------------------
82. INSTRUCT MANAGER TO ISSUE RFP FOR VIRGINIA KEY MARINA
PROJECT.
Commissioner Plummer: I would also at this time ask that the City Manager be instructed to at
this time prepare for a possible - excuse me - the City Manager to prepare an RFP (Request for
Proposals) for the Virginia Marina Project.
Mayor Clark: Second the motion.
Commissioner Plummer: Bring it back to the City Commission as soon as possible, the RFP.
I'd also like to...
Mayor Clark: Cast a unanimous ballot.
287 February 29, 1996
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-154
A MOTION INSTRUCTING THE CITY MANAGER TO INITIATE THE
NECESSARY PROCESS TO ISSUE REQUEST FOR PROPOSALS (RFPs) FOR THE
VIRGINIA KEY MARINA PROJECT AND BRING BACK SAID RFPs TO THE CITY
COMMISSION FOR APPROVAL AS SOON AS POSSIBLE.
Upon being seconded by Mayor Clark, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
----------------------------------------------- -----------------------------------------------------------
83. DISCUSS AND DEFER TO NEXT MEETING APPLICATION OF SECTION
108 LOAN FOR VIRGINIA KEY CAMPGROUND.
Commissioner Plummer: All right?
Mayor Clark: Yeah.
Commissioner Plummer: I'd like to instruct the City Manager at this time to prepare the
necessary paperwork to apply for a 108 loan for the Virginia Key Recreational Motor Home
Facility Park. All right.
Mayor Clark: Second the motion. Cast a unanimous ballot, Mr. Clerk.
Commissioner Carollo: The Virginia Key what, now? Hold on, J.L.
Commissioner Plummer: The Virginia Key Motor... RV (recreational vehicle) Park.
Commissioner Carollo: I would like to have that deferred, J.L....
Commissioner Plummer: Wait a minute. Excuse me?
Commissioner Carollo: ... until I can discuss it with the Administration.
Mayor Clark: He's going to apply for...
Commissioner Carollo: And the.. You mean the motor homes for...
Commissioner Plummer: Well, it... Joe, it's not just motor homes, no.
288 February 29, 1996
Commissioner Carollo: That's for Virginia Key.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: All right, all right. We'll do it, then, at the next meeting?
Commissioner Carollo: Yeah. Jack...
Commissioner Plummer: OK.
Commissioner Carollo: ... tell me the same thing later, OK?
Mr. Jack Luft: Yeah.
Commissioner Carollo: Thanks.
Commissioner Plummer: OK. That's fine.
Mr. Cesar Odio (City Manager): Mr. Mayor...
Vice Mayor Gort: I have two.
Mayor Clark: Wait a minute, wait a minute.
Commissioner Plummer: I just... Joe, the only thing I want to tell you, that the anticipated
computer readout on that would be revenue to the City of just about a million dollars a year.
Commissioner Carollo: That's fine. But we still have time. We could bring it on the 14th.
And... Unless...
Commissioner Plummer: OK. Fine. No problem. Thank you, Mr. Mayor.
Commissioner Carollo: Give us the opportunity to make sure the wording is right, and nice and
ample...
Mayor Clark: Next case, next case, let's go.
Commissioner Carollo: ... so that we have more bidders.
Commissioner Plummer: Just applying for the loan.
Mayor Clark: Go ahead.
END OF DISCUSSION -- NO ACTION TAKEN
289 February 29, 1996
----------------------------------------------------------------------------------------------------------------
84. ACCEPT DONATION ($14,000 WORTH OF IMPROVEMENTS) FROM THE
BRICKELL AREA ASSOCIATION, THE DOWNTOWN DEVELOPMENT
AUTHORITY (DDA), AND THE ALLEN MORRIS COMPANY -- FOR
RENOVATION OF BRICKELL MINI -PARKS AT BRICKELL PLAZA AND
S.E. 10 STREET (BRICKELL PROMENADE), AS PART OF BRICKELL
VILLAGE PROJECT.
Vice Mayor Gort: Mr. Mayor, I have two. One of them is... I would like to bring up as a pocket
item. A proposed donation for improvement of the Brickell Mini Park, the Brickell Area
Association, the Downtown Development Authority, and the Allen Morris Company, together,
have agreed to donate fourteen thousand dollars ($14,000) for the improvement. And we need a
motion to approve this, to accept their money.
Mayor Clark: Second the motion. Cast a unanimous ballot if there's no exception.
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-155
A RESOLUTION ACCEPTING A DONATION FROM THE BRICKELL AREA
ASSOCIATION, THE DOWNTOWN DEVELOPMENT AUTHORITY AND THE
ALLEN MORRIS COMPANY FOR RENOVATIONS AND IMPROVEMENTS AT
THE BRICKELL MINI PARK, FOR USE BY THE DEPARTMENT OF PARKS AND
RECREATION, SAID DONATION VALUED AT APPROXIMATELY $14,000.00.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, 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.
290 February 29, 1996
----------------------------------------------------------------------------------------------------------------
85. APPROVE LIST OF COMMERCIAL FACADES SUBMITTED BY SMALL
BUSINESS OPPORTUNITY CENTER, INC. (2140 W. FLAGLER STREET,
101 & 115 S.W. 12 AVENUE, 1158, 1162, 1164 & 1184 S.W. 1 STREET).
Vice Mayor Gort: My other one is a pocket item in the City Commission meeting... a list of
commercial facades that needs Commission approval. I'm attaching a copy of the
aforementioned list provided to me by the Small Business Opportunity Center. My
understanding is the staff is pushing for this, too.
Commissioner Plummer: Which one is that?
Vice Mayor Gort: The small businesses facade on Flagler.
Commissioner Plummer: Oh, yeah. OK, SBA (Small Business Administration).
Mayor Clark: You got a motion?
Vice Mayor Gort: That's the motion.
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-156
A RESOLUTION, WITH ATTACHMENT, APPROVING FIFTEEN (15)
BUSINESSES, THE NAMES OF WHICH ARE ATTACHED HERETO AND MADE A
PART HEREOF, LOCATED IN THE LITTLE HAVANA TARGET AREA TO
PARTICIPATE IN THE CITYWIDE COMMERCIAL FACADE REHABILITATION
PROGRAM ("PROGRAM"); ALLOCATING FUNDS THEREFOR, IN THE AMOUNT
OF $21,000, FORM SAID PROGRAM, PROJECT NO. 799602; STIPULATING
REQUIRED FUNDING MATCH AND DOCUMENTATION PROCEDURES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkin
291 February 29, 1996
---------------------------------------------------------------------
86. RESCIND RESOLUTION 93-808 (DECEMBER 16, 1993), COMMITTING, IN
PRINCIPLE, UP TO $1.35 MILLION AS TICKET GUARANTEE FOR
AWARD OF ORANGE BOWL AS SITE FOR 1996 SOCCER MATCHES --
ALLOCATE $200,000 FROM (ORANGE BOWL FUNDS) TO SOUTH
FLORIDA SOCCER ORGANIZING COMMITTEE TO ASSIST WITH
PROMOTING OLYMPIC SOCCER.
Mayor Clark: Is that it, Willy?
Mr. Cesar Odio (City Manager): Mr. Mayor, Mr. Mayor, I have one here that is...
Mayor Clark: Just a moment, just a moment, please. What about the Orange Bowl Soccer?
How we been doing out there?
Mr. Cesar Odio (City Manager): OK. That's one. I need for you to order me to release the two
hundred thousand dollars ($200,000)...
Vice Mayor Gort: Wait a minute.
Mayor Clark: Hey, listen, we got a meeting going on here.
Mr. Odio: Hey, listen, go and have your meeting somewhere else.
Mayor Clark: Would you people please sit down.
Commissioner Plummer: We got too much help around here.
Mr. Odio: And you also asked me to release two hundred thousand dollars ($200,000) that is in
the budget for the U.S. Soccer - Olympic Soccer, and also to put on the record that the City is no
longer responsible for any deficits of that event, or those events.
Commissioner Plummer: Well, we don't....
Mr. Odio: And we received a release in writing from Mr. Eplin from that committee.
Mayor Clark: All right. There's a motion to that effect?
Commissioner Plummer: Absolutely.
Mayor Clark: Second the motion.
Commissioner Plummer: Move it.
Mayor Clark: If there's no exception, cast a unanimous ballot.
Commissioner Plummer: Do not pay it without that release.
Mayor Clark: That's right.
292 February 29, 1996
Mr. Odio: We have the release.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-157
A RESOLUTION RESCINDING IN ITS ENTIRETY, RESOLUTION NO. 93-808,
ADOPTED DECEMBER 16, 1993, WHEREBY, THE CITY COMMISSION, IN
PRINCIPLE, COMMITTED UP TO $1.35 MILLION AS A TICKET GUARANTEE
FOR THE AWARD OF THE ORANGE BOWL AS THE SITE FOR THE 1996
OLYMPICS SOCCER MATCHES; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $200,000.00, FROM ORANGE BOWL FUNDS,
ACCOUNT CODE. NO. 350503-990-404000, TO THE SOUTH FLORIDA SOCCER
ORGANIZING COMMITTEE FOR 1996 TO ASSIST IN PROMOTING OLYMPIC
SOCCER TO A WORLDWIDE AUDIENCE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, 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
----------------------------------------------------------------------------------------------------------------
87. AUTHORIZE MANAGER TO NEGOTIATE / EXECUTE REVOCABLE
PERMIT WITH GUANTANAMO REFUGEE ASSISTANCE PROJECT
(GRASP), A UNITED WAY FUNDED AGENCY -- FOR USE OF FORMER
PARKS AND RECREATION BUILDING AT 1390 N.W. 7 STREET.
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: What else you got?
Vice Mayor Gort: I'd like to read...
Mr. Cesar Odio (City Manager): I have a... The United Way called me, Mr. Mayor, that their
agency that is dealing with the problem of the Guantanamo Refugee Assistance Project needed a
place, because they have been asked to leave where they are. We have an office that has been
just vacated on 7th Street and 14th Avenue, and they are willing to pay between six and eight
dollars per square foot on a month -to -month revocable permit with a...
Commissioner Plummer: What's the maximum time?
293 February 29, 1996
Mr. Odio: They don't... They don't think they're going to be in business for more than... I
mean as long as we...
Commissioner Plummer: Move it.
Mr. Odio: We can always ask them to leave within 30 days, with 30 days notice.
Vice Mayor Gort: Second.
Mayor Clark: Seconded. Cast a unanimous ballot. Mr. Clerk, are you listening?
Commissioner Plummer: But they will put up the necessary deposits of electric and water, and
all of that.
Mr. Odio: Yeah, they'll take care of everything.
Mayor Clark: Are you listening, Mr. Clerk? Are you listening to this?
Mr. Walter Foeman (City Clerk): Sorry, Mr. Mayor.
Mayor Clark: We got a motion and second on... Is that all you got?
Mr. Odio: Yes, sir.
Vice Mayor Gort: Mr. Mayor.
Mayor Clark: Please.
294 February 29, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-158
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A REVOCABLE LICENSE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH GUANTANAMO REFUGEE ASSISTANCE PROJECT (GRASP),
UNITED WAY FUNDED AGENCY, FOR USE OF CITY -OWNED PROPERTY
LOCATED AT 1390 N.W. 7TH STREET, MIAMI, FLORIDA, FORMERLY
OCCUPIED BY THE CITY OF MIAMI PARKS AND RECREATION
DEPARTMENT; TERMS OF SAID REVOCABLE LICENSE TO INCLUDE: 1)
MONTH -TO -MONTH OCCUPANCY BY LICENSEE WITH A 30-DAY
CANCELLATION NOTICE, 2) CONSIDERATION TO BE $6.00 - $8.00 PER
SQUARE FOOT, 3) UTILITIES TO BE PAID BY LICENSEE, 4) PROPERTY TO BE
MAINTAINED BY LICENSEE, 5) INSURANCE TO BE PROCURED BY LICENSEE
IN ACCORDANCE WITH RISK MANAGEMENT GUIDELINES.
(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.
88. ACCEPT BID: R. TARAFA GENERAL CONTRACTOR -- FOR
CONVERSION OF TENNIS COURT TO BASKETBALL COURT AT BUENA
VISTA PARK -- ALLOCATE $12,820 FROM CDBG FUNDS (PROJECT
701405).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: A resolution accepting the bid of RL. Tarafa General Contractor for the
conversion of tennis court and one basketball court at Buena Vista Park for the Department of
Parks and Recreation. Total proposed amount of twelve thousand eight hundred and twenty
dollars ($12,820). The funds for this project are allocated by Community Block Grant Funds,
Account Number - Code Number 452182860.
Commissioner Carollo: What number are we on?
Commissioner Dawkins: It's a pocket item. It's a pocket item.
Mayor Clark: Is there a motion?
295 February 29, 1996
Commissioner Plummer: Move it.
Mayor Clark: Second. Cast a unanimous ballot, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-159
A RESOLUTION ACCEPTING THE BID OF R. TARAFA GENERAL
CONTRACTOR FOR THE ACQUISITION OF SERVICES REQUIRED FOR THE
CONVERSION OF ONE TENNIS COURT TO ONE BASKETBALL COURT AT
BUENA VISTA PARK FOR THE DEPARTMENT OF PARKS AND RECREATION,
AT A TOTAL PROPOSED AMOUNT OF $12,820.00; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 701405, COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, ACCOUNT CODE NO. 452182-860; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, 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:
Commissioner Plummer: I thought we had no money.
Mayor Clark: It's a... That's the Orange Bowl Soccer, right? We got that?
Commissioner Plummer: Can we, Mr. Mayor, is it....
Mayor Clark: Wait a minute. Wait a minute. Did you get the motion on the Orange Bowl
Soccer?
Commissioner Plummer: Yes, sir, we got it.
Mr. Walter Foeman (City Clerk): Yes, I did, Mr. Mayor. I have it.
Mayor Clark: Did you get that?
Mr. Foeman: Yes, sir.
Mayor Clark: Thank you.
296 February 29, 1996
r ai
Commissioner Carollo: What's that one on? What, now?
Mr. Foeman: The Orange Bowl Soccer.
--------------------------------------------- ------------------------------------------------------------------
89. BRIEF COMMENTS BY COMMISSIONER PLUMMER CONCERNING ST.
HUGH OAKS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Is it in order to ask the Administration, since we're criticized,
criticized? Saint Hugh Oaks is still not occupied.
Mr. Cesar Odio (City Manager): We have eleven contracts. Eleven.
Commissioner Plummer: I'm saying there's not anybody moved in, when you're spending three
to four hundred dollars ($300 - $400) a day for security.
Mr. Odio: I understand, Commissioner. We have eleven contracts now. Let's hope that they
come to fruition and they will move in.
Commissioner Plummer: I hope to God the City never, ever builds another house. They don't
know what the hell they're doing.
END OF DISCUSSION -- NO ACTION TAKEN
Mayor Clark: All right. Is that the end of the agenda? I'm saying of this agenda.
Vice Mayor Gort: Yes.
Commissioner Carollo: Yes, I would say it is, but anything that we might have forgotten can be
brought into the next meeting, Mr. Mayor.
Mayor Clark: All right.
Vice Mayor Gort: I think the only thing we left out was the appointments.
Mr. Walter Foeman (City Clerk): The appointments can be just deferred.
Mayor Clark: Where is the agenda for the Zoning?
Vice Mayor Gort: Right here.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY
COMMISSION CLOSES CONSIDERATION OF THE REGULAR
PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE
PLANNING AND ZONING PORTION OF THE AGENDA.
297 February 29, 1996
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 29th day of February, 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 8:04 p.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Stephen P. Clark
Vice Mayor Wifredo Gort
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Cesar H. Odio, City Manager
Mayor Clark: How many items on this Zoning agenda are there?
Commissioner Plummer: Fifteen or... 17, Mr. Mayor. The City items can be deferred.
Mayor Clark: Yeah. All the items for the City... It says the following items cannot be
considered before three a.m. We're almost there.
Commissioner Carollo: Well, I guess we're OK.
Commissioner Plummer: Say what?
Vice Mayor Gort: Most of them are second... A lot of them are second reading.
Mayor Clark: J.L.
Commissioner Plummer: Sir.
Mayor Clark: I'm going to listen to you run it. Run it.
298 February 29, 1996
----------------------------------------------------------------------------------------------------------------
90. DISCUSS AND CONTINUE PZ-1 (APPEAL REGARDING CONSTRUCTION
/ INSTALLATION OF CELLULAR COMMUNICATIONS FACILITY AT 8425
BISCAYNE BOULEVARD. [Applicants: T.N.A. Palms Inc. (owners) /
BellSouth Mobility Inc. (lessee). Appellant: BellSouth Mobility.])
Commissioner Dawkins: Move PZ-1.
Mayor Clark: Is there a second?
Vice Mayor Gort: No, wait a minute.
Commissioner Dawkins: It's a denial so I move that it be denied.
Mr. Gil Pastoriza: Excuse me. Mr. Mayor, my name is Gil Pastoriza, on behalf of Bell South
Mobility. We would like to continue item number 1 and also item number 3.
Commissioner Plummer: Move it to defer to...
Commissioner Dawkins: Defer it? It's a deferral?
Vice Mayor Gort: One and 3.
Mr. Pastoriza: Yes, sir.
Commissioner Plummer: Why 3?
Commissioner Dawkins: One and 3.
Mr. Joel Maxwell (Deputy City Attorney): You need a date certain.
Mayor Clark: All right.
Commissioner Plummer: Wait, wait, wait.
Mr. Pastoriza: I'm sorry. I represent Bell South Mobility in item number 1 and Bank Atlantic in
item number 3.
Commissioner Plummer: Oh.
Mayor Clark: Item number 1 has been denied; is that right?
Vice Mayor Gort: No, deferred.
Commissioner Plummer: No, deferred.
Vice Mayor Gort: Continue, they're asking for a continuance.
Mayor Clark: Show a deferment on item number...
299 February 29, 1996
Commissioner Plummer: I move for the deferral on 1 and 3.
Mayor Clark: Wait a minute. Show a deferment on item number 1, Mr. Clerk. Item number 2.
Commissioner Plummer: Wait. You got to do it to a specific date. March 28th.
Mayor Clark: March 28th.
NOTE FOR THE RECORD: At this point, item PZ-1 was deferred
tote City Commission meeting of March 28, 1996.
-------------------- -------------------------------------------------------------------------------------------
91. CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC USE OF
PORTIONS OF N.W. 3 COURT, N.W. 4 AVENUE, N.W. 22 LANE, N.W. 22
TERRACE AND N.W. 22 STREET -- TENTATIVE PLAT NO. 1452-C
"WYNWOOD INDUSTRIAL COMPLEX." [Applicant: Wynwood Community
Economic Development / Dade Foreign Trade Zone.] (See label 94)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item number 2.
Commissioner Dawkins: Move it.
Commissioner Plummer: Wait a minute. Wait a minute.
Commissioner Dawkins: J.L. Plummer may have something to say about vacating of a street.
Vice Mayor Gort: Second.
Commissioner Plummer: No, I ain't got any problem there.
Mayor Clark: If there's no exception, cast a unanimous ballot, Mr. Clerk, on item number 2.
300 February 29, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-160
A RESOLUTION, WITH ATTACHMENT(S), CLOSING, VACATING,
ABANDONING AND DISCONTINUING THE PUBLIC USE OF PORTIONS OF
NORTHWEST 3RD COURT, NORTHWEST 4TH AVENUE, NORTHWEST 22ND
LANE, NORTHWEST 22ND TERRACE AND NORTHWEST 22ND STREET
ALLEY, AS SET FORTH IN COMPOSITE EXHIBIT "A", ATTACHED HERETO
AND MADE A PART HEREOF, SAID ACTION BEING A CONDITION OF
APPROVAL OF TENTATIVE PLAT NO. 1452-C, "WYNWOOD INDUSTRIAL
COMPLEX," AND SUBJECT TO THE REQUIREMENTS OF THE PLAT AND
STREET COMMITTEE.
(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.
----------------------------------------------------------------------------------------------------------------
92. CONTINUE PZ-3 (PROPOSED SPECIAL EXCEPTION TO ALLOW
FINANCIAL DRIVE -THROUGH FACILITY AT 2200 S. DIXIE HIGHWAY.
[Applicant: Tri-W Investment Co. of Dade County (owner) / J.P. O'Neill for
Bank Atlantic, FSB (buyer).])
Mayor Clark: Item number 3.
Commissioner Dawkins: It was deferred.
Commissioner Plummer: It's been referred for deferral. I so move.
Mayor Clark: Item 28... March the 28th. OK. Cast a unanimous ballot.
Mr. Gil Pastoriza: Thank you.
NOTE FOR THE RECORD: At this point, item PZ-3 was
continued tote ity ommiss1on meeting of March 28, 1996.
301 February 29, 1996
----------------------------------------------------------------------------------------------------------------
93. BRIEFLY DISCUSS AND TEMPORARILY TABLE PROPOSED SECOND
READING ORDINANCE TO AMEND CODE CONCERNING FEES
ASSOCIATED WITH APPLICATION FOR / ISSUANCE OF MAJOR USE
SPECIAL PERMIT FOR DEVELOPMENT ACTIVITY IN DESIGNATED
CITY REDEVELOPMENT DISTRICT. (See label 95)
Mayor Clark: Item number 4.
Commissioner Dawkins: Move.
Mayor Clark: Moved and seconded, with no exception. Cast a unanimous ballot...
Commissioner Plummer: Whoa, whoa, whoa. Back up. Hold on.
----------------------------------------------------------------------------------------------------------------
94. (Continued) LUCIA DOUGHERTY PROFFERS VOLUNTARY
CONTRIBUTION ($75,000) FOR WYNWOOD AREA IMPROVEMENTS.
(See label 91)
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer:
Come back here, Lucia. Whoa, whoa. Little confusion on item
number 2. Lucia, you have something to tell us.
Ms. Lucia Dougherty: Yes, sir.
Commissioner Plummer:
Yes, sir.
Commissioner Dawkins:
And you were going to slip and...
Commissioner Plummer:
Yeah. Come back and talk to us, Lucia.
Commissioner Dawkins:
I'm surprised at you.
Ms. Dougherty: I thought maybe you changed your mind.
Commissioner Dawkins:
We trust you. We trust you.
Commissioner Plummer:
You were about to be a "Sneaky Pete."
Commissioner Dawkins:
We trust you.
Commissioner Plummer:
Talk to us.
Mayor Clark: Come one,
come on, now. Wait a minute. This is not three o'clock in the
morning, I hope, but...
Commissioner Dawkins:
We trust you.
302 February 29, 1996
Commissioner Plummer: All right.
Commissioner Dawkins: We did until now.
Ms. Dougherty: There's no way I was going to do that.
Commissioner Plummer: OK, go ahead. I'm listening.
Commissioner Carollo: Do what, now?
Ms. Dougherty: Mr. Commissioner, Lucia Dougherty, 1221 Brickell Avenue. In greatful
appreciation of your continued helpful and... support of the Dade Foreign Trade Zone, we'd like
to proffer a donation to the City of seventy-five thousand dollars ($75,000), payable within four
years of the time that it is starting to operate it, with no money coming in the first year, but
payable over the next three years. And we'd like that money to apply to improvements in the
Wynwood area, if that's acceptable to you.
Commissioner Dawkins: Second. For recreation.
Mr. Joel Maxwell (Deputy City Attorney): What does "start and operate it" mean?
Ms. Dougherty: For... In Wynwood, yes, sir. We'd like that.
Commissioner Plummer: Thank you. I think we can accept that. Correct, volunteer?
Mr. Maxwell: It's voluntary, but I'm not sure any...
Commissioner Plummer: You did that voluntarily, right?
Ms. Dougherty: Absolutely.
Commissioner Plummer: Of course you did. Thank you.
Mr. Maxwell: Just one question.
Ms. Dougherty: With pleasure.
Mr. Maxwell: What does... When they... clarification on when they start operating. I think
that's... What do you mean by "start operating"?
Ms. Dougherty: After they're starting to completely...
Commissioner Plummer: At the time of their CO (Certificate of Occupancy)
Ms. Dougherty: Everything is completed and they have started operating.
Vice Mayor Gort: After CO.
Commissioner Dawkins: So what you... The first...
Mr. Maxwell: After they get the CO, Certificate of Occupancy?
Ms. Dougherty: Yes.
303 February 29, 1996
Mayor Clark: All right.
Mr. Dougherty: One... Within one year, we would have to start paying seventy-five thousand
over the next three years after that.
Mayor Clark: OK. We got...
Commissioner Plummer: That's it, twenty-five thousand a year thereafter.
Ms. Dougherty: Correct.
Commissioner Plummer: Right. OK. Thank you.
Commissioner Dawkins: OK. All right.
Mayor Clark: All right. Item number...
Commissioner Dawkins: Thank you. Thank you, Mr. Plummer.
------------------------------------------------ ---------------------------------------------------------------
95. (Continued) SECOND READING ORDINANCE: AMEND CODE, ARTICLE
VI (ZONING AND PLANNING FEES), CHAPTER 62 -- PROVIDE NEW
METHOD FOR CALCULATION OF FEES WHEN MULTIPLE VARIANCES
ARE REQUESTED FOR ONE STRUCTURE. [Applicant: Community
Planning & Revitalization Dept.] (See label 93)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 4 has been moved and seconded. Call the roll.
Commissioner Dawkins: Read the ordinance.
Mayor Clark: He read the ordinance.
Mr. Walter Foeman (City Clerk): It's been read.
Commissioner Dawkins: OK.
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.
304 February 29, 1996
passed on its first reading, by title, at the meeting of January 25, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Dawkins, 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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11344.
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.
---------------------------- ----------------------------------------------------------------------------- -------
96. SECOND READING ORDINANCE: AMEND CODE, ARTICLE VI (ZONING
AND PLANNING FEES), CHAPTER 62 -- ADD NEW SECTION 62-63 TO
PROVIDE FOR PARTIAL DEFERMENT OF CERTAIN FEES ASSOCIATED
WITH APPLICATION FOR / ISSUANCE OF MAJOR USE SPECIAL PERMIT
FOR DEVELOPMENT ACTIVITY IN DESIGNATED CITY
REDEVELOPMENT DISTRICT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 5.
Vice Mayor Gort: That's... I move it. Second reading.
Commissioner Plummer: Second.
Mayor Clark: Read the ordinance. Call the roll.
305 February 29, 1996
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.
passed on its first reacting, by title, at the meeting of January 25, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Vice Mayor Gort,
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 Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11345.
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.
97. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP ORDINANCE 10544) FUTURE LAND USE
MAP -- CHANGE LAND USE DESIGNATION AT 2100 S.W. 22 STREET
FROM OFFICE TO RESTRICTED COMMERCIAL. [Applicant(s): Bruce C.
Fernald for Mutual Life Insurance Co. of New York.]
---------------------------------------------------------
Mayor Clark: Item number 5.
Commissioner Plummer: Six.
Mayor Clark: Six. Item 6.
Ms. Lourdes Slazyk: PZ-6 and 7 are companion zoning and land use amendments. The
recommendation from the department is for denial. The Planning Advisory Board and the
Zoning Board both recommended approval. This is at 2100 Southwest 22nd Street. The
department recommends denial because once this land use and zoning amendment are in place,
we are going to have two lots remaining on that block that are still office, and it's an illogical
change of zoning, because it's going to leave a tooth on Coral Way that is still office, when the
rest of it is commercial.
306 February 29, 1996
Mayor Clark: All right. For the record?
Commissioner Plummer: Excuse me. Is this the side...
Ms. Vicky Leiva: For the record, Vicky Leiva...
Commissioner Plummer: Is this the side of the radio station or Glorify?
Ms. Leiva: The radio station.
Vice Mayor Gort: The radio station.
Commissioner Plummer: OK. And it's the two lots that are on the corner?
Ms. Christina Cuervo (Assistant City Manager): No. It's...
Vice Mayor Gort: In between.
Ms. Cuervo: ... in from the corner. Galeria Novitas is the other side. This is just...
Commissioner Plummer: So you're talking about the parking lots in between?
Vice Mayor Gort: Right.
Ms. Cuervo: And the radio station.
Mayor Clark: You got to tell those people that own those parking lots they got to get something
straightened out.
Ms. Cuervo: The radio station is included.
Commissioner Plummer: OK. All right.
Ms. Leiva: For the record, Vicky Leiva with offices at 701 Brickell Avenue. I'm here today on
behalf of the property owner, who is Mutual Life of New York, and I'm accompanied by Joanna
Golden...
Commissioner Plummer: You got to swear them in.
Mayor Clark: Swear the people in that's going to testify. Please raise your right hand.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: Proceed.
Commissioner Plummer: Can I ask a question? Are there any objectors?
Ms. Leiva: No. And in fact, the homeowners' association has accepted our voluntary covenant,
which I have just given to the...
Commissioner Plummer: Mr. Mayor, you want to move it?
307 February 29, 1996
Mayor Clark: Move it, move it.
Commissioner Plummer: I'll move it.
Vice Mayor Gort: Let them put the covenant in the record.
Commissioner Plummer: Put the covenant in the record.
Ms. Leiva: We do... have proffered a voluntary covenant, and I have already given the City
Clerk a copy of said covenant.
Mayor Clark: All right.
Commissioner Plummer: Did you give it to the City Attorney?
Ms. Leiva: Yes.
Mr. Joel Maxwell (Deputy City Attorney): We've seen it and we have reviewed it,
Commissioner.
Commissioner Plummer: Do you agree?
Mr. Maxwell: Yes, sir.
Commissioner Plummer: I move item 6.
Vice Mayor Gort: Second.
Mayor Clark: Read the ordinance.
Ms. Leiva: That's moving for approval, correct?
Vice Mayor Gort: Yes.
Mayor Clark: Yes.
Commissioner Plummer: Ha!
Mayor Clark: Call the roll.
308 February 29, 1996
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 2100
SOUTHWEST 22ND STREET, FROM OFFICE TO RESTRICTED COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
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
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.
----------------------------------------------------------------------------------------------------------------
98. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION AT 2100 S.W. 22 STREET FROM O
OFFICE TO C-1 RESTRICTED COMMERCIAL. [Applicant(s): Bruce C.
Fernald for Mutual Life Insurance Co. of New York.]
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move the companion, number 7.
Vice Mayor Gort: Second.
Mayor Clark: Read it. Roll call.
309 February 29, 1996
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM O-OFFICE TO C-1 RESTRICTED COMMERCIAL FOR
THE PROPERTY LOCATED AT 2100 SOUTHWEST 22ND STREET, MIAMI,
FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
43 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
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
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.
----------------------------------------------------------------------------------------------------------------
99. DISCUSS AND CONTINUE:
(A) (PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP ORDINANCE
10544) FUTURE LAND USE MAP, CHANGING LAND USE
DESIGNATION AT 521-23-25-27-35-37-45 N.W. 23 COURT FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL.
[Applicant(s): Luis & Norma Calix, Jesus Noal, Maximo Loynaz &
Sergio Fiallo (owners).]
(B) (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING
ORDINANCE 11000 ATLAS, CHANGING DESIGNATION AT 521-
23 / 525-27 / 535-37 & 545 N.W. 23 COURT FROM R-2 TWO-
FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL. [Applicant(s): Luis & Norma Calix, Jesus
Noal, Maximo Loynaz & Sergio Fiallo (owners).]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 7.
Commissioner Plummer: Eight.
Mayor Clark: Eight, rather.
Ms. Lourdes Slazyk: Eight. PZ-8...
310 February 29, 1996
Vice Mayor Gort: You got a lot of people here for 8.
Ms. Slazyk: OK. PZs-8 and 9 are companion land use zoning amendments. This is to change a
designation from duplex to R-3. This is a case where there were four duplex residences that had
illegal units. And rather than get rid of the units, they decided to ask for a change of zoning.
They are surrounded by single-family and duplex districts. This would be creating an R-3
district in the middle of a single-family and duplex district. The department also contends that
the parking and the vehicular situation would not meet Code because of the sizes of the lots and
they can't back into the streets from an R-3, and that this is going to create more parking and
traffic problems in the neighborhood. We therefore recommend denial. The Planning Advisory
Board recommended denial as well, and the Zoning Board recommended approval.
Mayor Clark: All right. Your name for the record.
Ms. Heather Rutecki: For the record, my name is Heather Rutecki with offices at NationsBank
Tower, 100 Southeast 2nd Street, Miami, Florida, 33131.
Commissioner Plummer: Anybody that's going to testify has to be sworn in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Plummer: There's no objectors?
Mayor Clark: And there's no parking. That's the problem.
Commissioner Plummer: Are you an objector, sir, or are you in favor?
Unidentified Speaker: No, no, I am in favor of this.
Commissioner Plummer: Oh, oh, OK.
Vice Mayor Gort: These people here are... What item are you here on?
Unidentified Speaker: We're in favor.
Mayor Clark: You're in favor of it?
Ms. Rutecki: Yes, they are.
Mayor Clark: Please stand up, those in favor.
Vice Mayor Gort: The whole neighborhood is in favor.
Commissioner Plummer: That's impossible.
Mayor Clark: Well, J.L., you got it, so run with it.
Commissioner Carollo: Do they live in the area?
Mayor Clark: They're all...
Unidentified Speaker: Yes.
311 February 29, 1996
Commissioner Carollo: Do all of you live there?
Mayor Clark: They're all neighbors.
Commissioner Plummer: Do you live in the subject units or nearby?
Unidentified Speaker: No. I live in the subject units.
Commissioner Plummer: Oh, OK. That's why you're in favor. OK.
Mayor Clark: OK. That's...
Commissioner Plummer: Mr. Mayor, I got to tell you something. I am pleased that these
people...
Commissioner Dawkins: Please be seated.
Commissioner Plummer: But I got to go look at this before I can vote favorably.
Mayor Clark: Motion to defer 8 and 9.
Commissioner Plummer: I want to vote favorably, but I got to go look at it.
Commissioner Carollo: That's the way that I feel, really, because...
Mayor Clark: Eight and 9 have been deferred, Mr....
Commissioner Plummer: To a time certain of March 28th.
Commissioner Carollo: Well, both Commissioner Plummer and myself want to go by, have the
opportunity to go by before we vote on it. You have a denial from both the Planning, Building
and Zoning Board and the Planning Advisory Board. So for us to overturn that, we want to be
sure what is out there and...
Ms. Rutecki: I've prepared some exhibits today that I'd like to hand out and go through a
number of items that they've raised and I also raised at the zoning level. I was able to overcome
their objections by submitting proof not only in the record...
Mayor Clark: Let them see it first, ma'am. Let them go see it first.
Commissioner Carollo: Yeah, it...
Ms. Rutecki: OK.
Commissioner Plummer: It's been deferred.
Commissioner Carollo: It might make it a lot easier for you if we see it.
Ms. Rutecki: OK.
Commissioner Carollo: You know, and unfortunately, I apologize. Usually myself, and I'm
sure the majority of us, would like to go and see locations before we vote upon them, but we've
been quite busy lately, unfortunately, with other matters, and haven't had the opportunity.
312 February 29, 1996
Vice Mayor Gort: Now I...
Mayor Clark: Thank you, ma'am.
Vice Mayor Gort: I'd like to ask a question, Mr. Mayor. Is your intention or your applicant's
that you're going to maintain the same use, as used now, and what you're trying to do is legalize
the use that you have presently? Or do you... Or do you propose to build as an R-3?
Ms. Rutecki: My clients obtained permits in 1980 to build, and the changes were made interior
subsequent to that time. That's where the violations surfaced.
Vice Mayor Gort: No, I understand. But my understanding is... Do you intend to change the
zoning to build according to the new zoning, or just to...
Ms. Rutecki: As is.
Vice Mayor Gort: Just as it is. Because one of the things that will help you is if you bring it in
with a volunteer covenant.
Commissioner Plummer: How can they be illegal if they had permits?
Ms. Slazyk: They had permits for the construction that they... but not for the new units. If you
come in for interior construction, to add a play room, a den, this, that, and then you later turn it
into another unit, that's where they were illegal, in the use, not the structure.
Commissioner Plummer: Ah.
Vice Mayor Gort: OK.
Mayor Clark: We'll look at it.
Ms. Rutecki: The violations... one of which is voided on one of the addresses, and the other one
is granted an extension for six months until June of 1996 until resolution of this zoning issue,
because would it be granted, the issue would become moot.
Mayor Clark: All right. We'll get back with you.
Vice Mayor Gort: Be back in March, the 28th.
Commissioner Plummer: The 28th of March.
Ms. Rutecki: Thank you.
Vice Mayor Gort: Thank you.
Commissioner Carollo: Thank you for all your time.
NOTE FOR THE RECORD: At this point, agenda items PZ-8 and
-9 were deferred unti t e City Commission meeting of March
28, 1996,
313 February 29, 1996
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100. DISCUSS AND CONTINUE:
(A) PZ-10 (PROPOSED FIRST READING ORDINANCE TO AMEND
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP
ORDINANCE 10544) FUTURE LAND USE MAP, CHANGING
LAND USE DESIGNATION AT 3601 S.W. 22 TERRACE FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL.
[Applicant(s): Universal Realty & Development Inc..])
(B) PZ-11 (PROPOSED FIRST READING ORDINANCE TO AMEND
ZONING ORDINANCE 11000 ATLAS, CHANGING
DESIGNATION AT 3601 S.W. 22 TERRACE FROM R-2 TWO-
FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL.
[Applicant(s): Universal Realty & Development, Inc.])
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, item number 10. Thank you all, folks. Item number 10.
Ms. Christina Cuervo (Assistant City Manager): Items 10 and 11 are companion items, Mr.
Mayor.
Mayor Clark: Ten and 11, all right. Yes, sir.
Mr. Roberto Lavernia: One is for the land use change and the other for the zoning change.
There are four lots, two lots fronting Coral Way, and two lots fronting 22nd Terrace, same
ownership, two different zoning and land use designations. They are trying to tie the four lots to
the same designation. After we did... We recommended denial first, and then they... The
Planning Advisory Board recommended approval, and the Zoning Board also recommended
approval. They applied for a class two in order to make a parking lot in the two back lots. We
had the opportunity to put some conditions in this class two. And today, we have a covenant,
when they voluntarily put those conditions in this zoning change two.
Commissioner Plummer: This is behind what used to be the Chinese restaurant?
Vice Mayor Gort: Yes.
Mr. Lavernia: Yes, it is.
Commissioner Plummer: They're already under construction.
Mr. Lavernia: Yes, sir.
Ms. Cuervo: They can begin construction. What they can't do is they can't complete the rear
lots. What they're asking for today is a change in zoning.
Commissioner Plummer: Wait a minute. I don't understand. How can they be under
construction and not provide adequate...
Vice Mayor Gort: Because the construction is on a different side.
314 February 29, 1996
IM1 rie'+_'.1i3\
Commissioner Plummer: No, no, no. ... the adequate parking, to start with?
Ms. Cuervo: They need parking.
Commissioner Carollo: You know what? What has happened to that whole area is that since
Coral Gate was blocked, all the traffic that used to go through Coral Gate now goes right through
22nd Terrace. And I tell you, I've received a lot of calls from neighbors in that street, all the
way from 37th Avenue to 32nd Avenue. And it's a major problem there. The traffic is
unbearable. Not only that, but I'll tell you, there's a lot of zoning and Code violations within
those streets that, for whatever reason, someone is looking the other way.
Ms. Cuervo: Commissioners, you know, our staff is doing a planning study right now on Coral
Way, going from 37th Avenue down to 12th Avenue. So that's going to be incorporated, some
of those findings, and I'm sure the NET (Neighborhood Enhancement Team) office will look
into some of the violations that you're mentioning.
Commissioner Carollo: Well, I hope that some people go through that area, in particular, and
see what we're talking about.
Mayor Clark: All right.
Commissioner Plummer: Let me ask a question. Can't we give them... What they really want is
for parking, right?
Mr. Lavernia: Yes.
Commissioner Plummer: OK. Why can't we give them for parking?
Ms. Lourdes Slazyk: They want more than that.
Commissioner Plummer: Can't we give a special exception for parking?
Ms. Cuervo: They can't... They can't...
Ms. Slazyk: We recommended that they get the SD-12 and they get the special exception to put
the parking. But the SD-12 would not allow them to put their dumpster or have ingress or egress
back there, and some other things that they would like. Therefore this... They need the change
of zoning to do what they want. The class two they obtained was for the drive through. It's
going to be a Boston Market with a drive through. As part of that class two, we had the wall put
in, and the landscape, and all the other things that we would have wanted as conditions, had they
come for a special exception. And they reinforced that by proffering all those same conditions in
a covenant that will run with the property so that they don't, you know, expand the use...
Commissioner Carollo: Where are they entering through?
Ms. Slazyk: Well, right now, they have one legally grandfathered ingress/egress off of one of
the residential lots, and the rest of it is off of the commercial lot in the front.
Commissioner Carollo: OK. But when you say off of one of the commercial lots, in what
street?
Ms. Slazyk: On Coral Way.
Commissioner Carollo: On Coral Way, right.
315 February 29, 1996
Unidentified Speaker: And 36th.
Ms. Slazyk: And then... And 36th they have...
Commissioner Carollo: And 36th Avenue on the side. This is the one that used to be there.
Mayor Clark: What do you want to do with these two items?
Commissioner Carollo: Back from where we used to have the waffle house there, and the
barbershop, and then years later, it became a Chinese restaurant.
Commissioner Plummer: No... Oh, OK.
Commissioner Carollo: Now you remember.
Ms. Slazyk: Mm-hmm, right, exactly.
Commissioner Plummer: Yeah. The Golden Dragon.
Commissioner Carollo: But in 22nd Terrace, they're not asking for...
Ms. Slazyk: It's 30... 36... Oh, no, no.
Commissioner Carollo: On 22nd Terrace.
Ms. Slazyk: Not on 22nd Terrace, no. No. They have one ten -foot wide access way off the
residential lot, but it's still... it's on 36th, not 22nd Terrace.
Commissioner Carollo: Yeah, on 36th.
Ms. Slazyk: Right. We made them on 22nd Terrace set a wall back, landscape it, and it's one of
those combination wall/wrought iron picket fences to discourage graffiti.
Commissioner Plummer: And you feel you got all you need to protect the City?
Ms. Slazyk: Yeah. Yes.
Commissioner Plummer: Move it.
Commissioner Carollo: Well, I'd like to defer this item, S.L.
Commissioner Plummer: Oh. OK.
Commissioner Carollo: And the reason is that I just don't want to go ahead and give one lot this,
and then find that we're going to be having the same situation, you know across 22nd Terrace.
Mayor Clark: You're going to have it all the way down there, Joe.
Commissioner Carollo: Right.
Mayor Clark: You're going to have the whole thing.
Commissioner Carollo: And let me tell you something. You have some very, very angry
residents in that area there because of our lack of Code enforcement.
316 February 29, 1996
Commissioner Plummer: It's a joke.
Commissioner Carollo: And, you know, we're going to talk about unpaved lots. I don't even
want to get into that one over there. You guys missed them, but...
Commissioner Plummer: Code enforcement is a joke.
Ms. Slazyk: Right. If you look at the map in your packages, you see that Coral Way and the lots
behind it have become a series of teeth, of office, residential, commercial, all up and down. Both
the Zoning Board and the PAB (Planning Advisory Board) asked us to do a study of Coral Way.
We're a few months...
Commissioner Carollo: Well, on that particular lot - and let me relieve your concerns now -
that's one that I don't find it that unreasonable, and I probably could go along with it. But I have
to look at the whole picture of the area, because that part of 22nd Terrace from 36th to 37th, it's
a lot less residential as to what's happened there. But the rest of it is very residential. And, you
know, I just need to get a good look at the whole situation there.
Ms. Slazyk: Well, this is... Yeah. This is first reading. You can...
Commissioner Plummer: The question is, Commissioner, would you like to do it on first reading
or not?
Commissioner Carollo: I'd prefer not to, Commissioner.
Commissioner Plummer: OK. I tried.
Mayor Clark: All right. Those two items, 10 and 11, have been deferred.
Ms. Slazyk: To a date certain?
NOTE FOR THE RECORD: At this point, agenda items PZ-10
an -11 were deferre until the City Commission meeting of
March 28, 1996.
----------------------------------------------------------------------------------------------------------------
101. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT, ARTICLE 9, 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. [Applicant: Community Planning & Revitalization Dept.]
Commissioner Plummer: I move 12.
Mayor Clark: Second reading.
Vice Mayor Gort: Second.
317 February 29, 1996
:h1
Mayor Clark: On 12... They been deferred, Peter.
Peter Weiner, Esq.: To what date?
Mayor Clark: The next meeting is...
Vice Mayor Gort: March 28.
Commissioner Plummer: March 28.
Ms. Slazyk: To March 28.
Commissioner Plummer: I move 12. Read the ordinance.
Mayor Clark: Is there a second? Read...
Commissioner Plummer: Oh, I'm sorry.
Mayor Clark: All right. Call the roll.
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
AND TO REQUIRE NEW NONRESIDENTIAL DEVELOPMENT TO CONSTRUCT
THE REQUIRED WALL PRIOR TO THE COMMENCEMENT OF WORK;
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 January 25, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Vice Mayor Gort, 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
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11346.
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.
318 February 29, 1996
. _ A-
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102. CONTINUE PZ-13, PZ-14, PZ-15, PZ-16 & PZ-17 TO MARCH 28TH
MEETING.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move that item 13, 14, 15, 16, and 17 be deferred until March the
28th. I so move.
Commissioner Dawkins: Second.
Commissioner Carollo: Second.
Mayor Clark: Any exception? Hearing none, cast a unanimous ballot.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS, ITEMS PZ-13, PZ-14, PZ-15,
PZ-16 AND PZ-17 WERE 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.
Commissioner Carollo: How about 17? Was that included?
Commissioner Plummer: Yeah, all of them.
Commissioner Carollo: OK.
----------------------------------------------------------------------------------------------------------------
103. VICE MAYOR GORT READS LETTER FROM CITY OF SWEETWATER
WISHING CITY OF MIAMI A HAPPY 100TH BIRTHDAY.
Vice Mayor Gort: Mr. Mayor, I'd like to read in the record... We got a letter from the City of...
Mayor Clark: Sweeetwater.
Vice Mayor Gort: ... Sweetwater. It says:
"Enclosed, please find a copy of Resolution Number 2374 sponsored by Council
President Cecelia Hall Alonso, adopted by the Sweetwater City Council on
February 5, 1996, " And it reads: "Resolution: As the Mayor and the Council of
319 February 29, 1996
-,A
the City of Sweetwater, Florida, congratulating the City of Miami on its 100th
birthday, providing for the transmittal on effective day."
Mayor Clark: Very good. Excellent. Thank you.
Commissioner Carollo: Very good.
--------------------------- ------------------------------------------------------------------------------------
104. COMMISSIONER PLUMMER REPORTS ON SUCCESS OF MIAMI
CENTENNIAL PARTY (FEBRUARY 24, 1996).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, not for me, but I would like to make a note on the record
congratulating Arva Parks and the Centennial Committee for an unbelievable party...
Vice Mayor Gort: Great party.
Mayor Clark: Fabulous.
Commissioner Plummer: ... last Saturday night.
Mayor Clark: Really fabulous. Show us adjourned at eight -twenty-four.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:25 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
Stephen P. Clark
MAYOR
(SEAL)
320 February 29, 1996