HomeMy WebLinkAboutCC 1996-05-23 Minutesi
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INDEX
MINUTES OF REGULAR MEETING
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May 23, 1996
ITEM
PAGE
SUBJECT
LEGISLATION
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS &
DISCUSSION
1-3
SPECIAL ITEMS.
5/23/96
(A)PROCLAMATION: CITIZENS ON
PATROL DAY -- FOR THEIR EFFORTS
AND CONTRIBUTIONS TOWARD A SAFE
MIAMI.
(B) COMMENDATIONS: MOST
OUTSTANDING OFFICERS OF THE
MONTH: (1) POLICE OFFICER JORGE
CASTELLO (MARCH 1996), AND (2)
DETECTIVE ROBIN STARKS (APRIL
1996).
(C) COMMENDATION: BERNARDO
i
NAVARRO -- A DISTINGUISHED YOUNG
I
i
COMMUNITY LEADER.
j 2.
(A) CONSENT AGENDA --
M 96-292
4-14
_
MISCELLANEOUS COMMENTS.
5/23/96
(B) DIRECT ADMINISTRATION NOT TO
SPEND ANY LAW ENFORCEMENT TRUST
FUND (LETF) MONIES UNTIL
!
COMMISSION IS INFORMED OF TOTAL
t
AMOUNT FUNDED FOR 1993, 1994 &
1995, AND APPROPRIATED FOR
1
1996 -- INCLUDE IN REPORT ALL
POLICE RELATED AND NON -POLICE
PROJECTS WHICH HAVE BEEN FUNDED,
TOGETHER WITH THEIR SUCCESS RATE.
(C) COMMISSIONER PLUMMER DIRECTS
ADMINISTRATION TO TRY TO CONTROL
}
f
GRAFFITI.
2.1
ACCEPT BIDS: (1) DEXTER CLEAN
R 96-293
15
($12,208), AND (2) BEST'S
5/23/96
t
MAINTENANCE AND JANITORIAL
i.
SERVICE, INC. ($5,280) -- FOR
FURNISHING MARINA CLEANING
SERVICES -- FOR CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES
DEPT. -- ALLOCATE FUNDS
($18,028).
.1CtixMy.�
.
2.2
ACCEPT BID: RECIO AND
R 96-294
15
ASSOCIATES, INC. ($48,560, TOTAL
5/23/96
BID OF PROPOSAL) -- FOR BRICKELL
j
AVENUE MEDIANS LANDSCAPE
MAINTENANCE CONTRACT, E-1061-N --
j
ALLOCATE FUNDS ($53,245,
INCLUDING ESTIMATED EXPENSES).
2.3
AUTHORIZE FUNDING FOR SPONSORSHIP
R 96-295
16
OF: 100 BLACK MEN NATIONAL
5/23/96
CONVENTION (JUNE 5-9, 1996) --
-
ALLOCATE FUNDS ($5,000) FROM LAW
ENFORCEMENT TRUST FUND (LETF).
2.4
AUTHORIZE FUNDING FOR SPONSORSHIP
R 96-296
16
OF YOUTH CRIME WATCH OF
5/23/96
--
AMERICA ALLOCATE FUNDS
($25,000) FROM LAW ENFORCEMENT
TRUST FUND (LETF).
2.5
AUTHORIZE MANAGER TO REIMBURSE
R 96-
16-17
FLORIDA DEPARTMENT OF
5/23/96
ENVIRONMENTAL PROTECTION (DEP)
FOR APPRAISAL OF PORTION OF
WATSON ISLAND, CONCERNING REVIEW
OF EXISTING DEED RESTRICTIONS AND
PROPOSED BOTANICAL GARDEN
ATTRACTION (PARROT JUNGLE AND
GARDENS, INC.).
2.6
APPROVE SOUTH FLORIDA JAIL
R 96-298
17
MINISTRIES / AGAPE WOMEN'S
5/23/96
CENTER -- FOR PROVISION OF
SUPPORT SERVICES TO HOUSING
OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) PROGRAM -- FOR NET /
HOUSING DIVISION -- ALLOCATE
$15,470 FROM 1995 HOPWA GRANT
PROGRAM.
2.7
ALLOCATE FUNDS ($35,000) FROM
R 96-299
17
22ND YEAR COMMUNITY DEVELOPMENT
5/23/96
BLOCK GRANT (CDBG) FUNDS -- TO
ASSIST TOWN PARK VILLAGE NO. 1,
INC. WITH CONSTRUCTION OF
SECURITY FENCE AT TOWN PARK
VILLAGE (1680 N.W. 4 AVENUE).
2.8
2.9
2.10
2.11
2.12
ALLOCATE FUNDS ($22,400) FROM
R 96-300
COMMUNITY DEVELOPMENT BLOCK GRANT
5/23/96
(CDBG) FUNDS (PROJECT 799602) --
FOR REHABILITATION OF 16
BUSINESSES IN MODEL CITY, EDISON
/ LITTLE RIVER AND LITTLE HAVANA
TARGET AREAS, UNDER CITYWIDE
COMMERCIAL FACADE PROGRAM.
AUTHORIZE CITY ATTORNEY TO ENGAGE
R 96-301
ROBERT S. GLAZIER TO SERVE AS
5/23/96
COUNSEL FOR APPEAL OF TARAFA
CONSTRUCTION, INC. VS. CITY OF
MIAMI (CASE NO. 90-49590) -- FOR
$35,000, PLUS $1,000 FLAT FEE FOR
COSTS AND, IF JUDGMENT IS
REVERSED IN PART OR IN ENTIRETY,
A SUCCESS FEE EQUAL TO 5% OF
AGGREGATE SAVINGS TO THE CITY.
CLAIM SETTLEMENT: STELLA DREYER
R 96-302
($70,000).
5/23/96
ACCEPT PLAT: WYNWOOD INDUSTRIAL
R 96-303
COMPLEX.
5/23/96
AUTHORIZE MANAGER TO ISSUE
R 96-304
REVOCABLE LICENSE -- TO McCAW
5/23/96
COMMUNICATIONS OF FLORIDA,
INC. -- FOR USE OF APPROX. 4
SQUARE FEET OF WALL SPACE IN
GROUND LEVEL ROOM ADJACENT TO
SCOREBOARD AT ORANGE BOWL -- FOR
(1) INSTALLATION / OPERATION /
MAINTENANCE OF UNMANNED MICROCELL
WIRELESS TELECOMMUNICATIONS SITE,
(2) INSTALLATION / OPERATION /
MAINTENANCE OF 1'xl' ANTENNA
MOUNTED ON EACH OF 4 SCOREBOARD
POSTS, AND (3) INSTALLATION OF
MICROWAVE ANTENNA BEHIND
SCOREBOARD -- REVOCABLE LICENSE
INITIAL ANNUAL FEE: $10,000.
AUTHORIZE PAYMENT FOR
R 96-305
PROFESSIONAL SERVICES: KRONGOLD
5/23/96
AND TODD, P.A. -- CONCERNING
MIAMI ARENA CONTRACT BETWEEN
MIAMI SPORTS AND EXHIBITION
AUTHORITY (MSEA) AND DECOMA,
LTD. -- ALLOCATE FUNDS ($26,180
FOR FEES, AND $767.71 FOR COSTS).
2.15
RATIFY CITY ATTORNEY'S CONTINUED
R 96-306 21
ENGAGEMENT OF JOSEPH Z. FLEMING,
5/23/96
PARKER THOMSON AND GARY HELD --
AT INCREASED HOURLY RATE OF $175
FOR LEGAL SERVICES RENDERED
REPRESENTING / DEFENDING CITY OF
MIAMI AND INDIVIDUAL CITY
COMMISSIONERS -- THROUGH
ANTICIPATED / ACTUAL TRIAL STAGES
/ APPELLATE PROCEEDINGS /
ADMINISTRATIVE HEARINGS
CONCERNING PROPERTY AT 3471 MAIN
HIGHWAY (COMMODORE BAY) --
ALLOCATE ADDITIONAL FEES
($35,000) -- AUTHORIZE CITY
ATTORNEY AND SPECIAL COUNSEL TO
TAKE NECESSARY LEGAL STEPS,
INCLUDING INTERVENTION, IN NEWLY
FILED LITIGATION: KENNETH
TREISTER, GERALD KATCHER AND
HOWARD SCHARLIN VS. BOARD OF
TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF
FLORIDA (CASE NO. 96-1730). (See
label 75)
ACCEPT BID: ALL FLORIDA POOL &
R 96-307 22-23
SPA CENTER -- FOR FURNISHING
5/23/96
SCHEDULED PREVENTIVE MAINTENANCE
/ REPAIR SERVICES FOR 10 SWIMMING
POOLS -- FOR PARKS & RECREATION
DEPT. -- ALLOCATE FUNDS
($63,600).
DIRECT ADMINISTRATION TO PROVIDE
DISCUSSION 23-24
COMMISSION WITH DETAILS OF NET
5/23/96
FUNDING, ESPECIALLY IN CONNECTION
WITH HADLEY PARK.
CLARIFYING COMMENTS CONCERNING
DISCUSSION 24-28
MARCH 14, 1996 DIRECTIVE TO
5/23/96
ADMINISTRATION PERTAINING TO ITS
INTENT RELATIVE TO COMMERCIAL
FACADE AND CODE COMPLIANCE
PROGRAMS.
5. DISCUSS AND DEFER CONSIDERATION DISCUSSION 28-30
OF THE MIAMI ROWING CLUB, INC. 5/23/96
LEASE AGREEMENT.
6. GRANT REQUEST BY THE AMERICAN R 96-308
LEGION - POST 182 FOR WAIVER OF 5/23/96
COCONUT GROVE SPECIAL EVENTS
DISTRICT FEE CONCERNING ITS
MEMORIAL DAY PARADE AND SERVICE
AT CHARLES AVENUE CEMETERY.
7.
(A) EMERGENCY ORDINANCE: AMEND
CODE SECTION 52.6-3: MEMBERSHIP
PROVISIONS APPLICABLE TO MIAMI
SPORTS AND EXHIBITION AUTHORITY
(MSEA).
(B) DIRECT CITY ATTORNEY TO DRAFT
LEGISLATION NECESSITATING ALL
BOARD APOINTMENTS TO BE REVIEWED
EACH YEAR, AS WELL AS
COMMISSIONERS SERVING ON BOARDS.
(C) APPROVE A $150,000 CAP FOR
MIAMI SPORTS AND EXHIBITION
AUTHORITY BUDGET FOR 1996-1997.
(D) APPROVE, IN FUTURE,
APPOINTMENT OF MSEA EXECUTIVE
DIRECTOR AND COUNSEL BY 4/5THS
VOTE OF COMMISSION -- APPROVE
WARREN BUTLER AS EXECUTIVE
DIRECTOR.
(E) APPOINT JOSEPH PORTUONDO AS
INTERIM GENERAL COUNSEL OF MSEA.
(F) DIRECT CITY ATTORNEY TO SEEK
BEST LITIGATION CONCERNING DECOMA
BUYOUT
(G) GRANT TWO-YEAR EXTENSION OF
LEASE TO FLORIDA PANTHERS.
8. RATIFY MANAGER'S FINDING OF SOLE
SOURCE -- WAIVE COMPETITIVE
SEALED BIDS -- APPROVE PURCHASE
OF HOSTAGE NEGOTIATOR THROW PHONE
SYSTEM -- FROM RESCUE PHONE,
INC. -- FOR POLICE DEPARTMENT'S
HOSTAGE NEGOTIATING TEAM --
ALLOCATE FUNDS ($5,995).
9. RATIFY MANAGER'S FINDING OF SOLE
SOURCE -- WAIVE COMPETITIVE
SEALED BIDS -- APPROVE ENGAGEMENT
OF MOTOROLA, INC. FOR
UPGRADING CITY'S 800 MHZ SMARTNET
INTERFACE MANAGEMENT SYSTEM --
FOR GSA DEPT. / COMMUNICATION
SERVICES DIVISION ALLOCATE
FUNDS ($100,000).
EMERGENCY
ORDINANCE
11362
R 96-309
R 96-310
R 96-310.1
R 96-311
5/23/96
R 96-312
5/23/96
R 96-313
5/23/96
10.
11.
12.
RATIFY MANAGER'S EMERGENCY
R 96-314 51-56
FINDING -- WAIVE COMPETITIVE
5/23/96
SEALED BIDS -- ACCEPT INFORMAL
BID ($263,991.43): AMERICAN
LIGHTING AND SIGNALIZATION,
INC. -- FOR PROJECT: ORANGE BOWL
MODERNIZATION PHASE III, FIELD
LIGHTING REPLACEMENT, B-6260 --
ALLOCATE FUNDS ($303,590.15,
INCLUDING ESTIMATED EXPENSES)
FROM CIP 404240 AND ORANGE BOWL
OPERATING BUDGET.
(A) RATIFY MANAGER'S EMERGENCY
R 96-315 56-70
FINDING -- WAIVE COMPETITIVE
5/23/96
SEALED BIDS -- APPROVE PURCHASE
OF PARTS / SERVICES FOR SOLID
WASTE WARRIOR CRANES -- FROM
CAMERON EQUIPMENT CORPORATION
FOR DEPT. OF GSA / SOLID WASTE,
VEHICLE EQUIPMENT
-
ADMINISTRATION -- ALLOCATE FUNDS
($50,000).
(B) DIRECT ADMINISTRATION TO HIRE
CIVILIANS TO OPERATE POLICE MOTOR
POOL -- MAINTAIN STOCK OF PARTS
FOR PROMPT SERVICE.
(C) DIRECT MANAGER TO PROVIDE
COMMISSION WITH NARRA`1'IVE OF
COURSES POLICE OFFICERS TAKE FOR
SUPERVISION OF AUTOMOBILE REPAIR
STAFF -- COMPARE PRIVATE SECTOR
METHODS OF DEALING WITH THIS
ISSUE.
RATIFY MANAGER'S EMERGENCY
R 96-316 70-71
FINDING -- WAIVE COMPETITIVE
5/23/96
SEALED BIDS -- ACCEPT BID:
JAFFER ASSOCIATES, LTD. -- FOR
PURCHASE / INSTALLATION OF
IRRIGATION SYSTEM FOR SOUTH END
OF MILDRED AND CLAUDE PEPPER
BAYFRONT PARK -- ALLOCATE FUNDS
($15,000) FROM CIP 331305.
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13. (A) RATIFY MANAGER'S EMERGENCY
R 96-317 71-74
FINDING -- WAIVE COMPETITIVE
5/23/96
SEALED BIDS -- APPROVE
PROCUREMENT OF SPECIALIZED
FINANCIAL TYPESETTING SERVICES
AND PRINTING OF COMPREHENSIVE
ANNUAL FINANCIAL REPORT -- FROM
EVACO FINANCIAL PRINTERS --
ALLOCATE FUNDS ($19,000).
(B) DIRECT ADMINISTRATION TO
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REQUEST CPAs TO PROVIDE AUDIT ON
TIME TO AVOID CREATING EMERGENCY.
14. (A) RATIFY MANAGER'S EMERGENCY
R 96-318 75-82
FINDING -- WAIVE COMPETITIVE
5/23/96
SEALED BIDS -- APPROVE (1)
PURCHASE OF 200 LAGUNA 3P
PRISONER TRANSPORT SEATS WITH
SEAT BELTS -- FROM LAW
ENFORCEMENT SUPPLY CO. ($49,560),
(2) PURCHASE OF 200 PRO-GARD WITH
EXTENDED SEAT PROTECTOR, 200
SMART VECTOR LIGHTBARS, SMART
SIRENS WITH MICROPHONE AND
EXTENSION KIT, SPEAKER AND
SPEAKER GRILL BRACKET -- FROM
METRO, USA ($308,460. UNDER DADE
COUNTY BID 508-3/99), AND (3)
INSTALLATION OF ABOVE ACCESSORIES
IN 200 PURSUIT VEHICLES --- BY
METRO, USA ($74,000) -- ALLOCATE
FUNDS ($480,620). (See label 16)
(B) DIRECT CITY ATTORNEY TO
RESEARCH HOW TO REQUIRE THAT
POLICE CARS BE REPAIRED IN THE
i
P-
CITY.
4
}
15.
16.
17.
18.
(A) WITHDRAW PROPOSED SECOND M 96-319 83-85
READING ORDINANCE TO ESTABLISH 5/23/96
RESIDENCY REQUIREMENTS FOR
MEMBERS / KEY PERSONNEL OF
COMMUNITY BASED ORGANIZATIONS
(CBOs) AND COMMUNITY DEVELOPMENT
CORPORATIONS (CDCs) WHICH SOLICIT
CITY FUNDING.
(B) APPOINT COMMITTEE OF FIVE
MEMBERS TO MEET WITH
REPRESENTATIVES OF ALL CBOs AND
CDCs TO REVIEW PROPOSED ORDINANCE
TO ESTABLISH RESIDENCY
REQUIREMENTS FOR MEMBERS AND KEY
PERSONNEL - COMMITTEE TO MEET
DURING SUMMER AND REPORT BACK TO
COMMISSION WITH RECOMMENDATIONS
AT END OF THE SUMMER - APPOINTED
WERE: Josephina Carbonde and
Rev. White. (See label 17)
(Continued) CLARIFYING COMMENTS
DISCUSSION 85-86
CONCERNING MODIFICATION TO
5/23/96
RESOLUTION 96-318 REGARDING
EMERGENCY PURCHASE OF PRISONER
TRANSPORT SEATS, ETC.. (See
label 14)
(Continued) APPOINT PETER COATS
DISCUSSION 86
TO SERVE ON SPECIAL COMMITTEE TO
5/23/96
MEET WITH REPRESENTATIVES OF
COMMUNITY BASED ORGANIZATIONS AND
COMMUNITY DEVELOPMENT
CORPORATIONS TO REVIEW PROPOSED
ORDINANCE TO ESTABLISH RESIDENCY
REQUIRE MEMBERS / KEY PERSONNEL.
(See label 15)
MR. HUSSAM IDDIN LATEEF ADDRESSES
DISCUSSION 86-89
COMMISSION REGARDING CDBG
5/23/96
FUNDING.
r
19. (A) ALLOCATE $800,000 FROM CITY'S R 96-320 90-98
STATE HOUSING INITIATIVES 5/23/96
PARTNERSHIP PROGRAM AND/OR HOME
PROGRAM -- TO PROVIDE
CONSTRUCTION FINANCING /
PERMANENT SECOND MORTGAGE
FINANCING TO BAME DEVELOPMENT
CORPORATION OF SOUTH FLORIDA,
INC. -- CONCERNING DEVELOPMENT OF
NEW HOPE / OVERTOWN 40-UNIT
AFFORDABLE HOMEOWNERSHIP PROJECT
PLANNED FOR DEVELOPMENT ON CITY -
OWNED VACANT LAND (N.W. 6 & 8
STREETS BETWEEN N.W. 5 & 6
AVENUES, IN OVERTOWN NET SERVICE
AREA).
(B) HUSSAM IDDIN LATEEF REQUESTS
TRANSCRIPT OF CURRENT AND PRIOR
COMMISSION MEETINGS.
(C) DIRECT ADMINISTRATION TO MAKE
AGENDA AVAILABLE IN ADVANCE ON
FRIDAY IN ORDER TO ASSIST
INTERESTED PARTIES IN POSSIBLY
ASCERTAINING ANSWERS TO QUESTIONS
REGARDING CERTAIN AGENDA ITEMS
PRIOR TO COMMISSION MEETING.
20. RATIFY MANAGER'S EMERGENCY
R 96-321 99-100
FINDING -- WAIVE COMPETITIVE
5/23/96
SEALED BIDS -- APPROVE PURCHASE
OF PARTS / MATERIALS FOR SOLID
WASTE CRANES -- FROM J.E. POWER
CORP. -- FOR DEPT. OF GSA / SOLID
WASTE, VEHICLE EQUIPMENT
ADMINISTRATION -- ALLOCATE FUNDS
($4,885.10).
21. DISCUSS AND DEFER CONSIDERATION
DISCUSSION 100-101
OF PROPOSED RESOLUTION TO RATIFY
5/23/96
MANAGER'S EMERGENCY FINDING
CONCERNING PURCHASE OF 200 LITTER
CONTAINERS FOR VARIOUS CITY
' LOCATIONS FROM ANDURAN, INC.,
GRANART DIVISION, FOR DEPT. OF
GSA / SOLID WASTE -- ASSISTANT
CITY MANAGER RON WILLIAMS TO MEET
I WITH COMMISSIONER CAROLLO.
i
j
22.
23.
(A) RATIFY MANAGER'S EMERGENCY
R 96-322 102-103
FINDING -- WAIVE COMPETITIVE
5/23/96
SEALED BIDS -- APPROVE
ACQUISITION OF 200 COMPLETE SETS
OF POLICE PURSUIT VEHICLE DECAL
MARKINGS, 30 DAMAGED VEHICLE
REPAIR KITS, AND INSTALLATION
SERVICES -- FROM TRIM LINE OF
MIAMI, INC. (UNDER DADE COUNTY
BID 3635-5/93-3) -- ALLOCATE
FUNDS ($37,485).
(B) DIRECT ADMINISTRATION TO
INSTALL DECALS ON ALL MARKED CARS
WITHIN 30 DAYS.
RATIFY MANAGER'S EMERGENCY
R 96-323 104-105
T.:f7r I P9 raA Tc 7C. nnMnVMTMTX7
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24.
25.
(A) RATIFY MANAGER'S EMERGENCY
M 96-324
FINDING -- WAIVE COMPETITIVE
R 96-325
SEALED BIDS -- APPROVE EMERGENCY
5/23/96
CONTRACTING OF GOODS / SERVICES
FOR SPECIALTY ITEMS -- FROM (1)
MARDAN FABRICATORS -- FOR SUPPLY
/ INSTALLATION OF TICKET BOOTHS
($51,800), (2) TROPICAL SYSTEMS,
INC. -- FOR SUPPLY / INSTALLATION
OF ROLL -UP DOORS ($45,994), (3)
DESIGN AWNING STRUCTURES -- FOR
SUPPLY / INSTALLATION OF CANOPIES
WITH FRAMES ($149,566), (4)
MERCEDES ELECTRIC SUPPLY /
CONSOLIDATED ELECTRIC SUPPLY
FOR SUPPLY OF HIGH MASTS, POLES &
LIGHTS ($124,182), (5) SOUTH DADE
ELECTRIC SUPPLY / PARAMOUNT
ELECTRIC DISTRIBUTION -- FOR
SUPPLY OF PROMENADE LIGHTING
($77,172), (6) VENECON, INC.
FOR STRUCTURAL WORK / REPAIRS /
MISCELLANEOUS ELECTRICAL WORK
($36,110), AND (7) SOUTH DADE
ELECTRIC SUPPLY -- FOR CANOPIES
LIGHTING SYSTEM ($27,480) -- FOR
ORANGE BOWL MODERNIZATION PHASE
III, SUPERBLOCK DEVELOPMENT -
SOUTH B-6249 -- ALLOCATE FUNDS
($512,304) FROM CIP 404240.
(B) DISCUSSION REGARDING
POSSIBILITY OF FUNDING PARK
RENOVATIONS THROUGH MIAMI SPORTS
AND EXHIBITION AUTHORITY MSEA
BUDGET.
DISCUSS AND TABLE (UNTIL 5:00
DISCUSSION
P.M.) PROPOSED ISSUANCE OF RFP
5/23/96
FOR UDP FOR DEVELOPMENT OF
COMMERCIAL / RECREATIONAL WATER -
DEPENDENT FACILITIES, ETC. AT
DINNER KEY BOAT YARD. (See label
74)
26.
(A) DEFER, RECONSIDER, AND RATIFY
M 96-326 114-122
MANAGER'S FINDING OF EMERGENCY --
M 96--327
WAIVE COMPETITIVE SEALED BIDS --
R 96-327.1
APPROVE REPAIR AND SECURITY OF
5/23/96
PARKING LOTS 16 AND 17 (ADJACENT
TO ADMINISTRATION BUILDING, MIAMI
RIVERSIDE CENTER) -- FROM LOWEST
RESPONSIVE/RESPONSIBLE BIDDER --
ALLOCATE FUNDS FROM CIP 311042.
(B) DIRECT ADMINISTRATION TO
EXPLAIN, IN REPORT FORM, HOW MUCH
MONEY HAS BEEN SPENT ON RIVERSIDE
CENTER; HOW MUCH REMAINS TO BE
SPENT; COST FOR ADDITIONAL
FLOORS; PROJECTION FOR ADDITIONAL
PARKING; TIMETABLE FOR
CONSTRUCTION OF PARKING GARAGE
ADJACENT TO RIVERSIDE CENTER, AND
TIMETABLE FOR COMPLETION OF
ENVIRONMENTAL CLEANUP.
27.
RECONSIDER PRIOR DECISION TO
M 96-328 122-123
WITHDRAW AGENDA ITEM CA-12 --
R 96-328.1
AUTHORIZE INSTALLATION OF
5/23/96
SECURITY GATES ($49,000) -- FOR
MIAMI RIVERSIDE CENTER PARKING
GARAGE AND SURFACE PARKING LOTS
16 & 17, ADJACENT TO RIVERSIDE
CENTER -- BY OFF-STREET PARKING
DEPT. -- INCREASE AGREEMENT
($9,000) WITH PRIME ELECTRICAL
CONTRACTORS, INC. FOR ELECTRICAL
SERVICE AT RIVERSIDE CENTER
FOR INSTALLATION OF ELECTRICAL
POWER / COMPONENTS FOR OPERATION
OF SECURITY GATES.
28.
(A) GRANT REQUEST BY MODEL CITY
R 96-329 124-127
CRIME PREVENTION SUB -COUNCIL --
5/23/96
ALLOCATE $15,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
(B) DIRECT POLICE CHIEF TO FOLLOW
UP, MEET WITH BOARD OF DIRECTORS,
AND REPORT BACK TO COMMISSION TO
DETERMINE NUMBER OF CARS NEEDED
CITYWIDE.
29.
ESTABLISH RENTAL FEES FOR USE OF
R 96-330 127-128
WATSON ISLAND FOR NATIVE AMERICAN
5/23/96
CENTENNIAL FESTIVA.
30.
PERSONAL APPEARANCE: TONY MOLINA
DISCUSSION 128-132
CONCERNING HIS CONTINUED
5/23/96
OCCUPANCY AT MIAMI SPRINGS
COUNTRY CLUB, AND PROPOSAL FOR
IMPROVEMENTS.
31.
GRANT REQUEST TO CHANGE NAME OF
M 96-331 132-133
SOUTH BAYSHORE DRIVE TO BRICKELL
5/23/96
BAY DRIVE. (See label 33)
32.
(A) PERSONAL APPEARANCE: T.
R 96-332 133-144
WILLARD FAIR CONCERNING CRIME IN
5/23/96
CHILD DEVELOPMENT ZONE.
(B) DIRECT ADMINISTRATION TO HAVE
A NARCOTICS DOG AVAILABLE FULL-
TIME IN ABOVE AREA.
33.
(A) (Continued) CLARIFYING
DISCUSSION 144-147
COMMENTS CONCERNING PROPOSED NAME
5/23/96
CHANGE OF SOUTH BAYSHORE DRIVE TO
BRICKELL BAY DRIVE. (See label
31)
(B) DIRECT CITY ATTORNEY TO DRAFT
LEGISLATION FOR NEXT MEETING
AMENDING CODE TO DELETE
"SOUTHEAST" AS PREFIX TO BRICKELL
BAY DRIVE.
34.
DISCUSS AND REFER TO MANAGER
M 96-333 147-153
MONIES DUE CITY (PURSUANT TO 1994
5/23/96
AUDIT REPORT) BY MARTIN S. TRITT,
PRESIDENT, BETTE & BERT BAYFRONT
66 MARINA, INC. (D/B/A WATSON
ISLAND FUEL & FISHING SUPPLY) --
INSTRUCT MANAGER TO USE MR.
TRITT'S HOME / OTHER VALUABLE
PROPERTY AS COLLATERAL -- BRING
ISSUE LACK FOR JUNE 13TH
COMMISSION MEETING.
35.
DISCUSS AND DEFER REQUEST FROM
DISCUSSION 153-154
CHJ PRODUCTIONS FOR FEE WAIVER
5/23/96
FOR OUTDOOR CONCERT EVENT AT
VIRGINIA KEY BEACH (JULY 6,
1996).
36.
APPROVE MAXIMUM OF $35,000 FOR
R 96-334 155-165
REPAIRS TO BAYSIDE SEAFOOD
5/23/96
RESTAURANT, INC., PAYABLE WITHIN
ONE YEAR, WITH NO OBLIGATION TO
GO BEYOND AWARD OF RFP.
37.
38.
39.
40.
41.
42.
GRANT SIX-MONTH EXTENSION OF M 96-335
DEADLINE FOR OPENING DATE OF PAUL 5/23/96
WALKER PARK CONCESSION AREA (46
W. FLAGLER STREET).
DISCUSS AND DEFER REQUEST FROM M 96-336
GROVE KEY MARINA, INC. REGARDING 5/23/96
SUBLEASE FOR SALE OF BOATS AND
MOTORS UNTIL PRESENT RESTRICTIONS
ON THE CITY, AS STIPULATED IN
CURRENT LEASE WITH GROVE KEY
MARINA, ARE NEGOTIATED WITH
MANAGER. (See label 76)
INSTRUCT MANAGER TO WORK WITH M 96-337
SALLY JUDE TO FIND FUNDING FOR 5/23/96
HISTORIC PRESERVATION OF BUILDING
AT 109 S.W. SOUTH RIVER DRIVE,
AND BRING BACK ISSUE AT A JUNE
COMMISSION MEETING
AUTHORIZE METROPOLITAN DADE R 96-338
COUNTY (ON BEHALF OF CITY OF 5/23/96
MIAMI) TO ADVERTISE FOR /
EVALUATE / ACCEPT BIDS FROM
VENDORS -- TO PROVIDE U.S.
DEPARTMENT OF AGRICULTURE (USDA)
APPROVED MEALS TO ELIGIBLE
CHILDREN FOR CITY'S SUMMER FOOD
SERVICE PROGRAM -- 1996 -- ACCEPT
GRANT ($299,760).
SECOND READING ORDINANCE: AMEND ORDINANCE
11337 (CAPITAL IMPROVEMENTS 11363
APPROPRIATIONS ORDINANCE) -- 5/23/96
INCREASE APPROPRIATIONS
($700,000) FOR CIP 413400:
MIAMARINA.
(A) EMERGENCY ORDINANCE: AMEND ORDINANCE
11127, WHICH ESTABLISHED INITIAL 11364
RESOURCES / APPROPRIATIONS FOR 5/23/96
SPECIAL REVENUE FUND: HAITIAN
NARCOTICS ENFORCEMENT -- :INCREASE
APPROPRIATIONS ($65,000) --
ACCEPT GRANT FROM MONROE COUNTY
SHERIFF'S OFFICE.
(B) DIRECT ADMINISTRATION TO
PROVIDE BREAKDOWN OF EXPENDITURE
IN EACH MINOR OBJECT CODE IN
SPECIAL REVENUE FUND: HAITIAN
NARCOTICS ENFORCEMENT -- INCLUDE
REPORT ON RESULTS.
166-170
170-172
172-174
174-175
176-179
179-182
43. (A) EMERGENCY ORDINANCE: AMEND emergency
11262, WHICH ESTABLISHED INITIAL ORDINANCE
RESOURCES / APPROPRIATIONS FOR 11365
SPECIAL REVENUE FUND: HIDTA ASSET 5/23/96
FORFEITURE RESEARCH -- INCREASE
APPROPRIATIONS ($21,000) --
ACCEPT GRANT FROM MONROE COUNTY
SHERIFF'S OFFICE.
(B) DIRECT ADMINISTRATION TO
PROVIDE MONTHLY REPORTS ON HOW
MANY CARS WERE CONFISCATED IN
LAST 30 DAYS.
44. (A) EMERGENCY ORDINANCE: AMEND EMERGENCY
11261, WHICH ESTABLISHED INITIAL ORDINANCE
RESOURCES / APPROPRIATIONS FOR 11366
SPECIAL REVENUE FUND: 5/23/96
GEOGRAPHICAL TARGETING PROGRAM --
INCREASE APPROPRIATIONS
($24,000) -- ACCEPT GRANT FROM
MONROE COUNTY SHERIFF'S OFFICE.
(B) DIRECT ADMINISTRATION TO
PROVIDE REPORT STATING: (1) HOW
GEOGRAPHICAL TARGETING PROGRAM
MONIES ARE BEING USED, (2) HOW
THEY ARE TARGETED, AND (3)
RESULTS OF GOALS OF PROGRAM.
45. EMERGENCY ORDINANCE: ESTABLISH EMERGENCY
SPECIAL REVENUE FUND: SUMMER FOOD ORDINANCE
SERVICE PROGRAM FOR CHILDREN - 11367
1996 -- APPROPRIATE FUNDS 5/23/96
($299,760), CONSISTING OF GRANT
FROM U.S. DEPARTMENT OF
A RI
185-187
188-189
G CULTURE (USDA) THROUGH
FLORIDA DEPARTMENT OF
EDUCATION -- ACCEPT GRANT AWARD.
46. EMERGENCY ORDINANCE: ESTABLISH
EMERGENCY 190-191
SPECIAL REVENUE FUND: BAYWOOD
ORDINANCE
PARK SHORELINE ENHANCEMENT
11368
PROJECT -- APPROPRIATE FUNDS
5/23/96
($75,590) FROM FLORIDA INLAND
NAVIGATION DISTRICT GRANT AWARD,
UNDER 1995-1996 WATERWAYS
ASSISTANCE PROGRAM PROJECTS --
FOR SHORELINE ENHANCEMENT PROJECT
TO BAYWOOD PARK (890 N.E. 69
STREET) -- ACCEPT GRANT.
47.
FIRST READING ORDINANCE: AMEND
ORDINANCE
191-199
CODE CHAPTER 42 -- ESTABLISH
FIRST
MAXIMUM TOWING / STORAGE RATES
READING
CHARGED BY BUSINESS
5/23/96
ESTABLISHMENTS ENGAGED IN
RECOVERING / TOWING / REMOVING /
l
STORING MOTOR VEHICLES PARKED ON
PRIVATE PROPERTY WITHOUT PROPERTY
OWNERS' PERMISSION.
I48.
FIRST READING ORDINANCE: CHANGE
ORDINANCE
199-200
j
DATE FOR CITY OF MIAMI MUNICIPAL
FIRST
RUN-OFF ELECTION SCHEDULED FOR
READING
VETERANS' DAY, NOVEMBER 11, 1997,
5/23/96
`
TO NOVEMBER 13, 1997.
i
49.
RATIFY MANAGER'S EMERGENCY
R 96-339
200-201
j
FINDING -- WAIVE COMPETITIVE
5/23/96
SEALED BIDS -- APPROVE PURCHASE /
INSTALLATION / REPAIR OF AIR
i
CONDITIONING EQUIPMENT / RELATED
COMPONENTS AT BELAFONTE TACOLCY
CENTER -- FROM CHISHOLM BROS.,
INC. -- ALLOCATE FUNDS ($40,000)
FROM CIP 331364.
I
50.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION
201-202
OF, PROPOSED RESOLUTION TO
5/23/96
AUTHORIZE MANAGER TO ENTER INTO
PARKING USE AGREEMENT WITH OFF-
STREET PARKING DEPT., FOR CITY'S
USE OF MUNICIPAL PARKING LOTS 16
& 1.7 (LOCATED UNDER I-95 AT S.W.
j
NORTH RIVER DRIVE), TO PROVIDE
PARKING FOR CITY EMPLOYEES AND
CITY -OWNED VEHICLES AT ANNUAL FEE
1
1
j
OF $13,000.
51.
DISCUSS AND DEFER CONSIDERATION
M 96-340 203-206
OF PROPOSED RESOLUTION TO
5/23/96
AUTHORIZE (1) ALLOCATION OF
$42,000 FROM COMPREHENSIVE
CITYWIDE COMMERCIAL
REHABILITATION FACADE TREATMENT
j
PROGRAM (PROJECT 799602), AND (2)
REALLOCATION OF $44,800 FROM
j
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) CONTINGENCY ACCOUNT, TO
REHABILITATE 62 BUSINESS
1
PROPERTIES IN ALLAPATTAH, EDISON
LITTLE RIVER, LITTLE HAVANA,
AND WYNWOOD / EDGEWATER TARGET
AREAS, AND TO ESTABLISH FUNDING
MATCH AND REQUIRE SUBMISSION OF
DOCUMENTATION PERTAINING TO
FACADE REHABILITATION PROJECTS.
52.
ALLOCATE $7,000 FROM 21ST YEAR
R 96-341 206-208
COMMUNITY DEVELOPMENT BLOCK GRANT
5/23/96
`
(CDBG) FUNDS (PROJECT 799613) --
FOR REHABILITATION OF BUSINESS
i
LOCATED IN LITTLE HAITI TARGET
AREA, IN CONJUNCTION WITH
COMMERCIAL CODE COMPLIANCE
!
PROGRAM -- ALLOCATION TO BE BASED
UPON 70%-30% MATCH BETWEEN CITY
AND BUSINESS / PROPERTY OWNER.
53.
AUTHORIZE MANAGER TO EXECUTE
R 96-342 208-209
SUBORDINATION AGREEMENT IN
5/23/96
i
CONNECTION WITH PENDING
REFINANCING OF ROGER A. SHELLS'
RESIDENCE (920 N.W. 10 AVENUE) --
AUTHORIZE MANAGER TO SUBORDINATE
CITY'S EXISTING SECOND MORTGAGE
(SINGLE FAMILY REHABILITATION
LOAN PROGRAM) OF APPROX. $15,000
TO NEW PRIVATE FINANCIAL
INSTITUTION OF APPROX. $48,000.
54.
DISCUSSION CONCERNING PROPOSED
DISCUSSION 209-214
j
RESOLUTION TO AUTHORIZE
5/23/96
ACQUISITION OF ASTRO VAN AND
CHEVROLET CAVALIER FROM MAROONE
CHEVROLET. (See label 63)
55.
DISCUSS PROPOSED RESOLUTION TO
DISCUSSION 214-215
I
AUTHORIZE ACQUISITION OF 7
5/23/96
j
OLDSMOBILE CIERA SL SDN PASSENGER
CARS FROM MAROONE OLDSMOBILE.
i
I
(See label 64)
_
56.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 215
OF PROPOSED RESOLUTION TO
5/23/96
CLASSIFY AS CATEGORY "A" SURPLUS
STOCK SURPLUS OFFICE FURNITURE
FROM VACATED CITY ADMINISTRATION
BUILDING, AND DONATE TO NON-
PROFIT COMMUNITY AGENCIES.
57.
(A) AUTHORIZE MANAGER TO ISSUE
R 96-343 216-220
REQUEST FOR PROPOSALS (RFP) TO
5/23/96
ESTABLISH THREE SEPARATE BANK
ACCOUNTS WITH MINORITY AND WOMEN -
OWNED BANKS -- ESTABLISH /
APPOINT 5-MEMBER SELECTION
COMMITTEE TO REVIEW PROPOSALS.
(B) DISCUSS POSSIBILITY OF
OPENING AN ACCOUNT AT REPUBLIC
NATIONAL BANK OF OVERTOWN FOR
MIAMI SPORTS AND EXHIBITION
AUTHORITY (MSEA).
58.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 220-222
OF PROPOSED RESOLUTION TO ACCEPT
5/23/96
BID FROM MEARS MOTOR LEASING,
INC. FOR FURNISHING 3 CHEVROLET
CAVALIER AUTOMOBILES FOR FIRE -
RESCUE DEPT. (See label 62)
59.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 223-224
OF PROPOSED RESOLUTION TO
5/23/96
AUTHORIZE ACQUISITION OF 1996
JOHN DEERE 644G 4WD LOADER FROM
JOHN DEERE INDUSTRIAL EQUIPMENT
FOR GSA DEPT. / SOL'ID WASTE
(UNDER STATE OF FLORIDA CONTRACT
760-001-96-1), ALLOCATING FUNDS
($158,747) FROM FY'96 RECYCLING
AND EDUCATION GRANT FUND.
60.
ACCEPT PROPOSAL: DR. SHELDON
R 96-344 224-226
ZEDECK -- FOR FURNISHING
5/23/96
CONSULTING SERVICES IN CONNECTION
WITH EXAMINATION / DEVELOPMENT /
ADMINISTRATION / VALIDITY -- FOR
HUMAN RESOURCES DEPT. -- ALLOCATE
FUNDS ($80,000).
61.
CLAIM SETTLEMENT: KOSTMAYER
R 96-345 226-228
CONSTRUCTION COMPANY, INC.
5/23/96
(SUBCONTRACTOR: GRAVES WRECKING
AND SALVAGE, INC.) ($636,710.93).
F
62.
(Continued) RECONSIDER PRIOR
M 96-346
228-231
DEFERRAL -- ACCEPT BID: MEARS
R 96-347
MOTOR LEASING, INC. -- FOR
5/23/96
FURNISHING 3 CHEVROLET CAVALIER
AUTOMOBILES -- FOR FIRE -RESCUE
DEPT. -- ALLOCATE FUNDS
($11,628). (See label 58)
63.
(Continued) RECONSIDER PRIOR
M 96-348
231-233
DEFERRAL -- AUTHORIZE ACQUISITION
R 96-349
OF ASTRO VAN AND CHEVROLET
5/23/96
CAVALIER AUTOMOBILE -- FROM
MAROONE CHEVROLET (UNDER STATE OF
FLORIDA CONTRACT 070-001-96-1)
FOR COMMUNITY PLANNING &
REVITALIZATION DEPT. -- ALLOCATE
FUNDS ($28,594). (See label 54)
64.
(Continued) RECONSIDER PRIOR
M 96-350
233-234
DEFERRAL OF PROPOSED RESOLUTION
5/23/96
TO AUTHORIZE ACQUISITION OF 7
OLDSMOBILE CIERA SL SDN PASSENGER
CARS FROM MAROONE OLDSMOBILE FOR
FINANCE DEPARTMENT. NO ACTION
TAKEN. (See label 55)
65.
REFER TO MANAGER PROPOSED ODESSA
M 96-351
234-236
LTD. CLAIM SETTLEMENT ($2.6
5/23/96
MILLION) TO DISCUSS WITH CITY
ATTORNEY POSSIBILITY OF HIRING
OUTSIDE COUNSEL.
66.
(A) CLAIM SETTLEMENT: ROBERT
R 96-352
237-241
LUNDSTEDT ($165,000).
5/23/96
(B) DIRECT MANAGER TO READ
FLORIDA LEAGUE OF CITIES MAY BOOK
AND ST. PETERSBURG TIMES
INVESTIGATION OF DISABILITY
RETIREMENTS.
67.
ACCEPT BID: HORIZON INDUSTRIES
R 96-353
241-242
TRAILER, INC. -- FOR FURNISHING
5/23/96
10 TRAILERS -- TO PARKS &
RECREATION DEPT. -- ALLOCATE
FUNDS ($18,450).
68.
ACCEPT BIDS: (1) MANOLO BUS
R 96-354
242-244
SERVICE ($46,728), AND (2) J.
5/23/96
BALSERA BUS SERVICE ($6,600)
FOR FURNISHING SUMMER BUS
TRANSPORTATION SERVICE -- FOR
PARKS & RECREATION DEPT. --
ALLOCATE FUNDS.
71.
72.
DISCUSS AND WITHDRAW PROPOSED
M 96-355
RESOLUTION TO AUTHORIZE
5/23/96
ACQUISITION OF TOWING SERVICES
FOR CITY VEHICLES (UNDER METRO-
DADE COUNTY BID 4418-2/97-1) --
FROM: (1) DOLLAR ENTERPRISES
(D/B/A DADE TOWING SERVICES,
INC.), (2) STAN'S TOWING
SERVICES, INC., (3) KAUFF'S OF
MIAMI, INC., AND (4) FREDDY'S 76
TOWING -- FOR POLICE
DEPARTMENT -- DIRECT
ADMINISTRATION TO INCLUDE TOWING
SERVICES FOR CITY VEHICLES AS
PART OF REGULAR BID OF CITYWIDE
TOWING FOR ROTATIONAL WRECKERS
REGARDING PRIVATE VEHICLES --
GIVE PREFERENCE TO CITY
BUSINESSES AND DO NOT USE
EXISTING COUNTY BIDS.
AUTHORIZE FUNDING OF: DO THE
R 96-356
RIGHT THING PROGRAM -- ALLOCATE
5/23/96
FUNDS ($165,500) FROM LAW
ENFORCEMENT TRUST FUND (LETF).
ACCEPT BID: LEMARK, CORP.
R 96-357
($144,400, TOTAL BID) FOR
5/23/96
PROJECT: ORANGE BOWL
MODERNIZATION PHASE III,
WATERPROOFING - WEST END, B-
6259 -- ALLOCATE FUNDS ($166,584,
INCLUDING ESTIMATED EXPENSES)
FROM CIP 404240.
CONFIRM RESOLUTION 89-828,
R 96-358
ESTABLISHING FLAGLER / CORE AREA
5/23/96
SECURITY DISTRICT SPECIAL
IMPROVEMENT DISTRICT -- EXTEND
TERM FOR ONE YEAR -- DESIGNATE
PROPERTY UPON WHICH SPECIAL
ASSESSMENTS SHALL BE MADE, AND
ESTABLISH / LEVY SPECIAL
ASSESSMENTS AGAINST PROPERTIES
FOR PROVISION OF PROMOTION /
MARKETING ! OTHER SIMILAR
SERVICES TO STABILIZE / IMPROVE
SAID DISTRICT.
244-249
249-250
250-251
251-252
73.
74.
75.
76.
AMEND RESOLUTION 96-278, WHICH
R 96-359
SCHEDULED PUBLIC HEARING (MAY 23,
5/23/96
1996) REGARDING EXTENSION OF TERM
OF FLAGLER / CORE AREA SECURITY
DISTRICT SPECIAL IMPROVEMENT
DISTRICT FOR ONE YEAR --
RESCHEDULE PUBLIC HEARING TO JUNE
13, 1996 AT 4:30 P.M.
(A) (Continued) AUTHORIZE
R 96-360
ISSUANCE OF REQUEST FOR PROPOSALS
5/23/96
(RFP) FOR UNIFIED DEVELOPMENT
PROJECT (UDP) -- TO CONSIST OF
DEVELOPMENT OF COMMERCIAL /
RECREATIONAL WATER -DEPENDENT
FACILITIES, WITH OPTIONAL
FACILITIES, AND ANCILLARY RELATED
USES ON CITY -OWNED WATERFRONT
PROPERTY (DINNER KEY BOAT YARD,
2640 SOUTH BAYSHORE DRIVE). (See
label 25)
(B) DIRECT ADMINISTRATION TO
ADVERTISE FOR RFP IN ALL MAJOR
PUBLICATIONS AND MARINE
MAGAZINES.
(C) CITY MANAGER REPORTS THAT
PRODUCERS OF MOVIE "SPEED II"
HAVE REQUESTED TO USE DINNER KEY
BOAT YARD HANGARS FOR FILMING.
BRIEF CLARIFYING COMMENTS BY CITY
DISCUSSION
ATTORNEY CONCERNING NEWLY FILED
5/23/96
LITIGATION: KENNETH TREISTER,
GERALD KATCHER AND HOWARD
SCHARLIN VS. BOARD OF TRUSTEES OF
INTERNAL IMPROVEMENT FUND OF
STATE OF FLORIDA (CASE NO. 96-
1730) (See label 2.14)
(Continued) AUTHORIZE MANAGER TO
R 96-361
EXECUTE CONSENT AGREEMENT WHEREBY
5/23/96
CITY CONSENTS TO SUBLEASE BETWEEN
GROVE KEY MARINA, INC. AND
COCONUT GROVE YACHT AND
BROKERAGE, INC. -- FOR SALE OF
NEW / USED BOATS, OUTBOARD MOTORS
AND RELATED ITEMS, SUBJECT TO
CONDITIONS. (See label 58)
252-254
254-275
275-276
276-280
i
i
77.
78.
79.
80.
DISCUSS AND CONTINUE PROPOSED:
DISCUSSION
(A) FIRST READING ORDINANCE:
5/23/96
AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP ORDINANCE
10544) FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION AT
3240 FLORIDA AVENUE FROM SINGLE
FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant(s):
FARMER'S MARKET, COCONUT GROVE.]
(B) FIRST READING ORDINANCE:
AMEND 'ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION AT
3240 FLORIDA AVENUE FROM R-1
SINGLE-FAMILY RESIDENTIAL TO SD-2
COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT. (Applicant(s):
FARMER'S MARKET, COCONUT GROVE.]
(C) FIRST READING ORDINANCE:
AMEND ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION AT
3298 CHARLES AVENUE (MARIAH BROWN
HOUSE) FROM R-1 SINGLE-FAMILY
RESIDENTIAL TO R-1 SINGLE-FAMILY
RESIDENTIAL AND HP HISTORIC
PRESERVATION OVERLAY DISTRICTS.
(Applicant(s): CPR DEPT.) (See
label 80)
DISCUSS AND CONTINUE (TO J'UNE
DISCUSSION
27TH MEETING, FIRST ITEM)
5/23/96
PROPOSED APPEAL OF DENIAL OF
VARIANCES AT 2900 S.W. 4 AVENUE
TO PERMIT ADDITION OF GARAGE AND
PORTE-COCHERE. (APPLICANT:
LAZARO & MARIA ALBO]
DISCUSS AND CONTINUE
DISCUSSION
CONSIDERATION OF PROPOSED FIRST
5/23/96
READING ORDINANCE TO AMEND CODE
CHAPTER 35 (MOTOR VEHICLES AND
TRAFFIC), ARTICLE VIII (COCONUT
GROVE PARKING IMPROVEMENTS TRUST
FUND), BY INCREASING COCONUT
GROVE PARKING TRUST FUND BANK OF
AVAILABLE PARKING SPACES TO 1170.
(Continued) BRIEF COMMENTS
DISCUSSION
CONCERNING CONTINUANCE OF PZ-11
5/23/96
TO JUNE 27TH COMMISSION MEETING.
(See label 77C)
281-284
284-285
285-290
290-292
81. DISCUSS AND CONTINUE TO JUNE 27TH DISCUSSION 292-295
MEETING: 5/23/96
(A) REQUEST FOR SPECIAL EXCEPTION
TO ALLOW FINANCIAL DRIVE -THROUGH
FACILITY AT 2200 SOUTH DIXIE
HIGHWAY. [APPLICANT: TRI-W
j INVESTMENT CO. OF DADE COUNTY
(OWNER) / J.P. O'NEILL FOR BANK
ATLANTIC.]
i (B) REQUEST FOR SPECIAL EXCEPTION
CONCERNING REQUIREMENTS FOR
RESERVOIR SPACES IN CONNECTION
WITH PROPOSED DRIVE -THROUGH
FINANCIAL FACILITY, AT 2200 SOUTH
DIXIE HIGHWAY. [APPLICANT: TRI-W
INVESTMENT CO. OF DADE COUNTY
(OWNER) / J.P. O'NEILL FOR BANK
ATLANTIC.]
82. (A) AFFIRM ZONING BOARD'S R 96-362 295-333
DECISION WHICH DENIED CARRFOUR'S M 96-363
MOTION TO DISMISS, BASED ON LACK M 96-364
OF STANDING CONCERNING RIVERMONT 5/23/96
HOUSE (789 N.W. 13 AVENUE). (See
label 83).
1 (B) DIRECT ADMINISTRATION TO
NOTIFY U.S. ATTORNEY GENERAL
JANET RENO OF IMPLIED THREATS
FROM CERTAIN PARTIES IMPEDING
COMMISSION FROM MAKING FAIR
DECISION ON THIS ISSUE -- SEND
COPY TO HUD SECRETARY HENRY
CISNEROS.
(C) CONTINUE CONSIDERATION OF
BALANCE OF APPLICATION ASSOCIATED
' WITH CARRFOUR CORP.'S APPEAL
CONCERNING RIVERMONT HOUSE, A
SPECIAL HOUSING PROJECT, TO JUNE
27TH MEETING DIRECT CITY
ATTORNEY TO REVIEW RECENT CASE
LAW REGARDING SAID ISSUE.
(D) CONTINUE TO JUNE 27TH MEETING
i ALL OTHER PLANNING & ZONING ITEMS
(EXCEPT PZ-3).
i
i
i
83.
(A) GRANT SPECIAL EXCEPTION TO
M 96-365
ALLOW A COMMUNITY BASED
5/23/96
RESIDENTIAL FACILITY FOR PROPERTY
AT 955 N.W. 3 STREET (ZONED G/I
GOVERNMENT AND INSTITUTIONAL),
WITH CONDITIONS. [APPLICANT:
VICTORIA PARTNERS)
(B) (Continued) CLARIFICATION,
IN SPANISH, OF ACTION TAKEN ON
PZ-22. (See label 82)
84.
(A) GRANT SPECIAL EXCEPTION TO
R 96-366
ALLOW A DRIVE -THROUGH FOR
M 96-367
COMMERCIAL FACILITY WITH
5/23/96
REDUCTION OF RESERVOIR SPACES AT
222 S.W. 7 STREET / 201-227-231-
255-299 S.W. 8 STREET (ZONED C-1
RESTRICTED COMMERCIAL), WITH
CONDITIONS. [APPLICANT: WALEY
INV., N.V.; COCONUT GROVE BANK;
AND BRIDGESTONE INVESTMENTS,
INC.]
(B) WITHDRAW APPEAL, BASED ON
WITHDRAWN VARIANCE, AT 222 S.W. 7
STREET / 201-227-231-255-299 S.W.
8 STREET (ZONED C-1 RESTRICTED
COMMERCIAL)
85.
APPOINT COMMISSIONER CAROLLO TO
R 96-368
REMAIN AS CHAIRPERSON OF MIAMI
5/23/96
SPORTS AND EXHIBITION AUTHORITY
(MSEA).
86.
AUTHORIZE MANAGER TO SEEK
R 96-369
EMERGENCY BIDS -- FOR
5/23/96
ESTABLISHMENT OF AN EMERGENCY
OPERATIONS CENTER AT FIRE
TRAINING FACILITY (3425 JEFFERSON
STREET, COCONUT GROVE).
87.
EMERGENCY ORDINANCE: AMEND CODE
EMERGENCY
TO CHANGE QUORUM REQUIREMENTS FOR
ORDINANCE
INTERNATIONAL TRADE BOARD (ITB).
11369
5/23/96
88.
ACCEPT BID: FREEPORT FOUNTAINS,
R 96-370
INC. ($149,725, TOTAL BASE
5/23/96
BID) -- FOR PROJECT: MILDRED AND
CLAUDE PEPPER FOUNTAIN
RENOVATION, B-6261 -- ALLOCATE
FUNDS FROM CIP.
334-336
336-340
340-344
344-345
346-347
348-349
89.
ACCEPT BID: PEERSON AUDIO -- FOR
R 96-371
SOUND SYSTEM FOR TINA HILLS
5/23/96
PAVILION IN MILDRED AND CLAUDE
PEPPER BAYFRONT PARK -- ALLOCATE
FUNDS ($17,056 FROM CIP 331305).
90.
GRANT REQUEST BY CHRIST EPISCOPAL
R 96-372
CHURCH FOR FEE WAIVER (COCONUT
5/23/96
GROVE EXHIBITION CENTER) -- FOR
FUND-RAISING EVENT FOR ITS
SCHOLARSHIP PROGRAM (MAY 24,
1996).
91.
DIRECT CITY ATTORNEY TO ADOPT
DISCUSSION
METROPOLITAN DADE COUNTY'S RULES
5/23/96
FOR CITY'S GRAFFITI PROGRAM.
92.
AUTHORIZE FUNDING OF YOUTH SUMMER
R 96-373
EMPLOYMENT PROGRAM IN OVERTOWN --
5/23/96
ALLOCATE FUNDS ($10,000) FROM LAW
ENFORCEMENT TRUST FUND (LETF).
93.
BRIEF DISCUSSION CONCERNING
DISCUSSION
WATERFRONT ADVISORY BOARD.
5/23/96
94.
GRANT FUNDING REQUEST BY
R 96-374
ALLAPATTAH COMMUNITY AGENCY, INC.
5/23/96
TO CONTINUE PROVIDING SOCIAL
SERVICES TO THE ELDERLY --
ALLOCATE FUNDS ($25,836).
95.
URGE U.S. HOUSE OF
R 96-375
REPRESENTATIVES AND SENATE TO
5/23/96
INCORPORATE LANGUAGE IN
IMMIGRATION REFORM BILLS (H.R.
2202 AND S-1664) TO ENSURE THAT
LEGAL IMMIGRANTS WOULD NOT BE
DENIED PUBLIC BENEFITS.
96.
URGE DOWNDOWN DEVELOPMENT
R 96-376
AUTHORITY (DDA) TO ENTER INTO
5/23/96
LEASE AGREEMENT WITH HINES
INTEREST L.P. -- FOR OFFICE SPACE
IN FIRST UNION FINANCIAL CENTER,
200 SOUTH BISCAYNE BOULEVARD
(18TH FLOOR).
97.
APPROVE MARTHA FLORES AND SAMMY
R 96-377
TO BE INCLUDED IN STARS OF CALLE
5/23/96
OCHO PROJECT.
349-351.
Q�79AXI�A
353
354-355
355-356
356-357
357-358
359-361
361-363
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 23rd day of May, 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 9:04 a.m. by Vice Mayor Wifredo Gort with the
following members of the Commission found to be present:
Vice Mayor Wifredo Gort
Commissioner Miller J Dawkins
Commissioner J.L. Plummer, Jr.
ABSENT
Mayor Stephen P. Clark
Commissioner Joe Carollo
ALSO PRESENT:
Cesar H. Odio, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Vice Mayor Gort who then led those present in a pledge
of allegiance to the flag.
----------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
(A)PROCLAMATION: CITIZENS ON PATROL DAY -- FOR THEIR
EFFORTS AND CONTRIBUTIONS TOWARD A SAFE MIAMI.
(B) COMMENDATIONS: MOST OUTSTANDING OFFICERS OF THE
MONTH: (1) POLICE OFFICER JORGE CASTELLO (MARCH 1996),
AND (2) DETECTIVE ROBIN STARKS (APRIL 1996).
(C) COMMENDATION: BERNARDO NAVARRO -- A DISTINGUISHED
YOUNG COMMUNITY LEADER.
Vice Mayor Gort: Thank you. At this time, we have a few proclamations.
Commissioner Plummer: Is the photographer here? Yeah, here he is.
Vice Mayor Gort: Yeah, he's here. This is a proclamation of the City of Miami, Florida.
Whereas it has been said that the real significance of crime with its being a breach of faith with
1
May 23, 1996
�I
.... . ..... .
the community of mankind. Miller, are you coming back? Let's wait.
Commissioner Plummer: What are we... Huh?
Vice Mayor Gort: Let's wait till Miller gets here.
Commissioner Plummer: OK.
Vice Mayor Gort: Let's wait a few minutes.
NOTE FOR THE RECORD: Commissioner Dawkins exits the
am ers at 9:05 a.m, and reenters the Chambers at 9:07 a.m.
Commissioner Dawkins: Ladies and gentlemen, I apologize. I forgot we didn't have a quorum
without me. I'm sorry.
Vice Mayor Gort: I'd like for you to read this.
Commissioner Dawkins: Who's going to accept this, Vice Mayor? All of them? OK. Let me
see, now. Major Christmas, would you come down in front of this group so that you can accept
this for them down here? Oh, no, that's all right I got the... That's all right, come on, we got the
president. That's OK. OK. All right. This is the board of directors?
Commissioner Plummer: Oh, no wonder they're in such serious trouble.
Commissioner Dawkins: OK. This is a proclamation, City of Miami. It has been said that the
real significance of crime is in its being a breach of faith with the community of mankind.
Whereas on July 22, 1995, the first Citizens on Patrol class was held, and to date, over 260
volunteers have been trained in the detection and reporting of crime while patrolling their
neighborhood; and whereas the Citizens on Patrol Program has succeeded in allowing citizens to
become actively involved in the well-being of their neighborhood, local authorities do hereby,
under the seal of Willy Gort, Vice Mayor of the City of Miami, duly proclaim today Citizens on
Patrol Day, May 23, 1996.
(APPLAUSE)
Commissioner Dawkins: Now, while they are coming... The Vice Mayor gave me this duty.
Where is the board of directors or somebody? Anybody, come up here. Come to the mike over
here.
Commissioner Plummer: That's "bored," B-O-R-E-D.
Commissioner Dawkins: Yeah. No. B-O-R-D-E. How is this organization funded?
Mr. Joe Wilkins: Funded? We have no...
Commissioner Dawkins: Now, I asked this... Wait a minute, please. Give me a break now,
OK? Give me a break, now.
Mr. Wilkins: How is it funded?
2 May 23, 1996
Commissioner Dawkins: How is this organization funded?
Ms. Unidentified Speaker: It's not.
Mr. Wilkins: Poorly. The training has been funded by the Miami Police Department. The rest
of it has been up to us.
Commissioner Dawkins: And "up to us" means what?
Mr. Wilkins: Means whatever each area has been able to do. We... Each area basically...
Commissioner Dawkins: Well, if you're doing such a hell of a job, why aren't we giving you
some money?
(APPLAUSE)
Commissioner Dawkins: All right.
Commissioner Plummer: The City Manager just rushed his checkbook to intensive care.
Commissioner Dawkins: No. But see, it's always some excuse when we come to organizations
like this. Now, there's something called LEAP (Law Enforcement Application Program) money,
that you all do what you want to do with it. You give a hundred thousand dollars ($100,000) to
Playhouse, OK? You give forty thousand dollars ($40,000) to Alternative, OK? And here's a
group of citizens, donating their time and effort, who are right in the community with the crime,
and I can't even get surveillance TV cameras for them at night, where they can film things from
inside their house and not be seen. I mean, it's ridiculous. Now, my fellow Commissioners - I
have nothing to say to the Manager - we need to find the methodology for providing these people
with the tools that they need to fight crime.
Vice Mayor Gort: Commissioner, I think the Chief heard the message, and I think you named a
very good source of funding that should be used for this, because I think this is the greatest crime
prevention program that can exist. I'm sure they're going to be coming back with a plan and a
budget for each one of the neighbors.
Commissioner Dawkins: Oh, I'm sure of that, because when they come up for other things
today, I got other things to say, too. OK?
Vice Mayor Gort: Thank you all. We appreciate the work you all are doing. Thank you.
(APPLAUSE)
NOTE FOR THE RECORD: Commissioner Dawkins exits the
anF5ers at 9:16 a.m.; Commissioner Carollo enters the
Chambers at 9:17 a.m.; and Commissioner Dawkins enters the
Chambers at 9:19 a.m.
I 3 May 23, 1996
F
-------------------------------------------------------------------------------------------------------------
2. (A) CONSENT AGENDA -- MISCELLANEOUS COMMENTS.
(B) DIRECT ADMINISTRATION NOT TO SPEND ANY LAW
ENFORCEMENT TRUST FUND (LETF) MONIES UNTIL
COMMISSION IS INFORMED OF TOTAL AMOUNT FUNDED FOR
1993, 1994 & 1995, AND APPROPRIATED FOR 1996 -- INCLUDE IN
REPORT ALL POLICE RELATED AND NON -POLICE PROJECTS
WHICH HAVE BEEN FUNDED, TOGETHER WITH THEIR SUCCESS
RATE.
(C) COMMISSIONER PLUMMER DIRECTS ADMINISTRATION TO
TRY TO CONTROL GRAFFITI.
----------------------------------------------------------------------------------------------------------------
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
Administration wit rew t e following agenda items: CA-5, CA-7,
CA-9, CA-12 (which was later reinstated, passed and adopted),
CA-13, CA-18, 50, 58, 60, 62, 64 & 66.
Mr. Cesar Odio (City Manager): Commissioner Gort, on CA-18, I think Commissioner Dawkins
agreed to put it back in.
Vice Mayor Gort: You did?
Mr. Odio: Because this is an antenna that we need to install for the Olympics.
Vice Mayor Gort•• Commissioner Carollo is looki th h th
ng roug a consent.
Commissioner Plummer: Mr. Vice Mayor, while...
Commissioner Carollo: Fifteen is pulled also?
Vice Mayor Gort: Fifteen?
Commissioner Carollo: Yeah.
Vice Mayor Gort: No.
Commissioner Plummer: On the CA?
Commissioner Carollo: OK. No, it was put back down, I see. OK.
Commissioner Plummer: CA or regular, Joe?
Commissioner Carollo: On the CA.
Vice Mayor Gort: CA.
Mr. Odio: Commissioner Carollo, Coconut Grove is opposed to - some people in the Grove - on
CA-16.
4 May 23, 1996
Commissioner Carollo: Right.
Mr. Odio: So I'd like to pull it.
Vice Mayor Gort: Yeah, we're going to pull that. Yeah.
Mr.Odio: And...
Commissioner Carollo: OK. That's fine.
Vice Mayor Gort: Don't trust me?
Commissioner Carollo: I just want to be sure, now.
Unidentified Speaker: You didn't list it out when you were listing the ones that were pulled,
that's why.
Vice Mayor Gort: I got to wait till the end. Any other items, Commissioners?
Commissioner Dawkins: CA-16?
Vice Mayor Gort: Right.
Commissioner Dawkins: OK. Well, who wants to pull it?
Vice Mayor Gort: I pulled it.
Commissioner Dawkins: CA-16.
Commissioner Plummer: Can we review again, please?
Vice Mayor Gort: OK.
Commissioner Plummer: Starting with the regular agenda.
Vice Mayor Gort: Regular agenda.
Commissioner Plummer: OK.
Vice Mayor Gort: His 50, 58, 60, 62, 64 and 66.
Commissioner Plummer: That's all there.
Commissioner Carollo: And how about C-5?
Commissioner Plummer: C-5 has been pulled.
Vice Mayor Gort: OK. Following the... On the CA, we have CA-5...
Commissioner Carollo: Yeah.
Vice Mayor Gort: ... CA-7, CA-9, CA-12, CA-13, and CA-16.
5
May 23, 1996
Commissioner Carollo: OK.
Commissioner Plummer: What about 18?
Mr. Odio: I... I believe Commissioner Dawkins...
i
Vice Mayor Gort: My understanding is Commissioner Dawkins is having a problem and he's
the one that pulled it out. Am I correct, Commissioner?
Commissioner Dawkins: Yes.
Vice Mayor Gort: CA-18?
Commissioner Plummer: Eighteen goes back on?
Commissioner Dawkins: Wait a minute. Yes.
Commissioner Plummer: OK.
Commissioner Dawkins: They say they need it, J.L.
Commissioner Plummer: All right. Fine. Wait a minute. I have some reason here marked CA-
17.
Commissioner Dawkins: Me, too, but I don't want them to say you and I are the reason they
didn't get it.
Vice Mayor Gort: I'll give you all... fine.
i
Commissioner Plummer: I'd like to pull CA-17.
Vice Mayor Gort: CA-17?
Commissioner Plummer: Right.
Commissioner Carollo: OK.
l
A. Quinn Jones, III, Esq. (City Attorney): (Speaking off mike).
Commissioner Plummer: What? I haven't got my money for it yet. All right. Let me put it -
back after lunch. OK. Mr. Vice Mayor.
fVice Mayor Gort: Yes.
Commissioner Plummer: If I could, very quickly. Mr. Manager, before the Chief leaves... Did
he leave? OK. I would ask that by the end of this afternoon, for whatever reason, in the last 30
f days in this town, graffiti has gone absolutely bombastic. And I would want you to come back
I with the Manager and give this Commission any tools that you need that this Commission can
do. You know, we can't go to Singapore, that isn't going to work, but I guarantee, that kid will
never spray paint another car. Whether it's... Whatever it is, I think that this Commission
cannot sit back and not afford to do something. So I want you, by the end of the afternoon, to
i come back with whatever this Commission can do to help you. You're not going to eliminate it,
but at least try to control it. Thank you, Mr. Vice Mayor.
6 May 23, 1996
Vice Mayor Gort: Thank you. OK. Any other items on the consent agenda?
Commissioner Plummer: You got Boom -Boom.
Commissioner Carollo: I'm ready to move it for the purpose of discussion, if there is any.
Vice Mayor Gort: OK. There's a motion. Is there a second?
Commissioner Plummer: Second.
Vice Mayor Gort: OK.
Commissioner Plummer: That's everything that hasn't been pulled.
Commissioner Carollo: That's correct. Yeah.
Vice Mayor Gort: Right. Under discussion. Yes, sir.
Mr. Manuel Gonzalez-Goenaga: Good morning, Commissioners and citizens of Miami.
Regarding the consent agenda, I want to speak on number 4, of course, all of that were
withdrawn, on number 14, 15, 19, 20. OK. On number 4, it's still on, right? CA-4.
Commissioner Plummer: As far as I know.
Mr. Gonzalez-Goenaga: Well, I have been before this Commission constantly, and I have asked
constantly, over and over again - pay attention, the Administrator - for the amount. Because I
hear from Mr. Plummer that the Law Enforcement Trust Fund is bankrupt. Well, nothing is
bankrupt here, you know, but it's empty. And I have asked over and over again for a report on
what is the amount of the income and expenses of the Law Enforcement Trust Fund of the Police
Department. And I have never, never, whatsoever - and I think I have the right to know - the
citizens have a right to know before we revolt. May I have that report of some... Mr. Gort
ordered the City Manager, who just disappeared, probably protecting Mas Canosa.
Vice Mayor Gort: Excuse me. What are you looking for? The information for the...
Mr. Gonzalez-Goenaga: The information that I have asked over, and over, and over, and over
again in every single Commission meeting that the Law Enforcement Trust Fund is talked about.
Vice Mayor Gort: OK.
Mr. Gonzalez-Goenaga: I have a right to know, because I do not trust some of these
Commissioners, and I have a right to my own opinion.
Vice Mayor Gort: OK, sir. Next.
Mr. Gonzalez-Goenaga: When can I have that? I want an answer.
Vice Mayor Gort: Well, when I can get it for you. I can't answer you right now, and they can't
give you an answer right now, sir.
Mr. Gonzalez-Goenaga: He should have it. He should have it, because if you are giving away
money out of the Law Enforcement Trust Funds, Mr. Plummer, who is one of my
Commissioners, has constantly said, "What's the status of the Law Enforcement Trust Fund?"
And I have not received any answer. Have you, Mr. Plummer?
7
May 23, 1996
r
Commissioner Plummer: Sir, I can only answer you by saying that no expenditures from that
Law Enforcement Trust Fund can take place without this City Commission's approval. Now,
what I have said is that I think that some of those monies could be used in a much better way
than are being proposed, because other cities are doing it. The City Manager and I have a
disagreement. And I find it very difficult to understand why the City of Coral Gables is much
smarter than we are, because they are doing it. And even though I'm told they're doing it not
according to the book, the people read newspapers, and nobody's called them on the carpet. So
I'm still pursuing that, sir.
Mr. Gonzalez-Goenaga: But do you have the amount available in that fund?
Commissioner Plummer: That is a fluctuating fund. As money comes into it...
Mr. Gonzalez-Goenaga: I realize that. I'm not so dumb as you think.
Commissioner Plummer: Do I have it as of today? The answer is no. Do I have it as of last
month? The answer is, yes, and I'll be glad to afford you a copy of it.
Mr. Gonzalez-Goenaga: I'd love to, Mr. Plummer, because I visit your office constantly.
Vice Mayor Gort: We'll get you a copy.
Commissioner Dawkins: I'm glad to know that you have it. I don't have it. OK?
Mr. Gonzalez-Goenaga: What can...
Commissioner Dawkins: Wait a minute. I'm glad.
Mr. Gonzalez-Goenaga: Look...
Commissioner Dawkins: Wait, one minute. I'm with you, if you'd just ease off. OK? Plummer
has said, ever since we've been here, that we needed to know what was in the fund, and how the
fund was distributed. Commissioner Plummer has asked for that information. He said he has it.
I've asked for that information. I don't have it. Now, let me tell you what I mean. Emergency
ordinance amend 10021, which establishes initial resources appropriation for Law Enforcement
Trust Funds deposited pursuant to 9257, provide for increasement (sic) of six hundred and fifty
thousand dollars ($650,000) due to successful forfeiture action. That was 5/1/95. That's six
hundred and fifty thousand dollars ($650,000). 10/26/95, five hundred and four thousand three
hundred and three dollars and sixty-eight cents ($504,303.68) was added to the fund. And I can
go through here and tell you what has been added to the fund. But at no time has anyone told me
what's in the fund, and there's another catchall fund that money is in that has not been freed up.
What do you call it, Captain, when the money is in the pot and you're waiting for the courts to
say you can use it? What do you call that money?
Captain Joseph Longueira (Deputy Commander, Police Support Services): It would be
unappropriated budget reserve fund.
Commissioner Dawkins: OK. I've never been able to find out what the unappropriated funds
are, and when they will be appropriated. Now, Mr. Manager, I pass a motion, here, now - no,
wait a minute, I don't pass it, I offer a motion - that no funds from the Law Enforcement Trust
Fund, for nothing, be expended until this Commission has a record of how much money was in it
in '93, the total amount of money that was in it in '94, the total money that was in it in '95, an
what's unappropriated for '96, the total number of police action projects that were funded in
M
May 23, 1996
each of those years, and the total amount of non -police projects that were funded. Now, if I can
pass that motion, I'll be able to get the information that I need.
Commissioner Plummer: It's passed. I second it.
Vice Mayor Gort: Let me ask you a question. Can I... Would you like to add something else?
Commissioner Dawkins: It's under discussion. Yes.
Vice Mayor Gort: I'd like to see, if possible, also, the programs that are being funded, what kind
of services that are provided, and what are the success rates.
Commissioner Plummer: Oh, now that's...
Commissioner Dawkins: I'll accept that friendly amendment.
Commissioner Plummer: Yes, sir. Call the roll.
Vice Mayor Gort: OK? Any further discussion?
Vice Mayor Gort: All in favor, state so by saying "aye."
The Commission Collectively: Aye,
Commissioner Dawkins: Call the roll.
Vice Mayor Gort: Unanimous.
Commissioner Dawkins: OK. Thank you.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.96-292
A MOTION DIRECTING THE ADMINISTRATION TO REFRAIN FROM
EXPENDING ANY MONIES FROM THE LAW ENFORCEMENT TRUST FUND
(LETF) UNTIL THIS COMMISSION HAS A REPORT OF THE FOLLOWING:
(1) THE TOTAL AMOUNT OF MONEY IN SAID ACCOUNT IN 1993, 1994, 1995; -
(2) THE TOTAL AMOUNT WHICH IS UNAPPROPRIATED IN 1996;
(3) THE TOTAL NUMBER OF POLICE ACTION PROJECTS THAT WERE
FUNDED IN EACH OF THOSE YEARS;
(4) THE TOTAL AMOUNT OF NON -POLICE PROJECTS THAT WERE FUNDED
I IN EACH OF THOSE YEARS;
(5) THE PROGRAMS THAT ARE BEING FUNDED CURRENTLY;
(6) WHAT KIND OF SERVICES ARE PROVIDED BY SAID PROGRAMS. AND
(7) WHAT IS THE SUCCESS RATE OF FUNDED PROGRAMS.
I
i
4
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Dawkins: OK. Thank you.
Vice Mayor Gort: OK.
Commissioner Dawkins: Now, I want them to understand, now, no funds are to be expended for
nothing until you people come and tell us what's in there. Don't buy no guns, no ammunition,
no belt loops, no nothing.
Vice Mayor Gort: OK. Yes, sir.
Mr. Gonzalez-Goenaga: That will apply also to CA-9, the same issue, because it's the Law
Enforcement Trust Fund.
Commissioner Dawkins: Right, yes, it does.
Mr. Gonzalez-Goenaga: And I think that the other one I did mention was...
Vice Mayor Gort: Fourteen, sir.
Mr. Gonzalez-Goenaga: Fourteen. Well, all of items are my favorites here. But we keep... this
is an... it's not an isolated issue, Commissioners. Constantly, in every single Commission
meeting, I see that we hire different law firms, and I understand that we have a marvelous Law
Department with more than 22 attorneys. And so... The excuse sometimes, is a conflict of
interest. And we have cases, and I am not blaming, now, Quinn Jones, III. I might be blaming
the Administration, because I realize that sometimes, when the lawsuits arrive at the Law
Department, they are already lost before they start. And there is no doubt that this
Administration - and we will see later on - bad faith, because we have to make a settlement today
of six million dollars ($6,000,000) in just one case. So the...
Vice Mayor Gort: Which case is that?
Mr. Gonzalez-Goenaga: Or six hundred thousand ($600,000). I don't know.
Commissioner Plummer: Little difference there.
Mr. Gonzalez-Goenaga: Doesn't matter. Look...
Commissioner Carollo: OK. It does matter. It's a big difference, Manny.
Mr. Gonzalez-Goenaga: Well, in the City of Miami, with this Administration, money is not the
problem.
10
Vice Mayor Gort: OK.
Mr. Gonzalez-Goenaga: OK.
Commissioner Carollo: Well, I hate to correct you, but it is a problem.
Mr. Gonzalez-Goenaga: Well, but the presentations that I have heard in the performance and the
presentation of the state of the City, it doesn't show that way. I mean, in other words, you agree
with me that this is a tale of... instead of a tale of two cities, it's a tale of one City with two
different stories.
Commissioner Plummer: It's a big tale.
Mr. Gonzalez-Goenaga: Because the way the citizens have the right to know the truth, the truth,
the good, the bad, and the ugly.
Vice Mayor Gort: Right.
Mr. Gonzalez-Goenaga: OK. And then, again, authorizing settlement, another seventy thousand
dollars ($70,000). Geez. And then I go back to CA-18, Orange Bowl. You know, the other day,
reviewing, making my own investigation, does this have to be approved? Is it part of the
contract that your brother-in-law got for the Orange Bowl?
Vice Mayor Gort: Excuse me, sir. Address the questions to us, OK?
Mr. Gonzalez-Goenaga: OK. Does this has to do anything on the original contract, without
going to bids, that Nelson Mayo, Mr. Cesar Odio's brother-in-law, got for the Orange Bowl?
Vice Mayor Gort: My understanding, when they go on this type of bid is they get bids from the
different people, and they're sealed bids. The only difference between a formal bid and an
informal bid is the 90 days differences. We save 90 days, OK?
Mr. Gonzalez-Goenaga: Well, one minute can make a difference between life and death.
Vice Mayor Gort: I understand.
Mr. Gonzalez-Goenaga: Another, CA-19. Well, that's peanuts. Another engagement.
Vice Mayor Gort: You got 30 seconds, sir. Come one. We've got a big agenda to go here.
Mr. Gonzalez-Goenaga: Well, I am putting on intelligent questions. We have the right to speak.
This... You do not own the City. You...
Vice Mayor Gort: You have the right to speak. Your right to speak, sir, is two minutes,
according to what I read. OK.
Mr. Gonzalez-Goenaga: By each item. And then CA-20, another thirty thousand dollars
($30,000). There we go again. And I will continue during the public hearings. Thank you very
much.
Vice Mayor Gort: Mariano.
Mr. Mariano Cruz: Mariano Cruz, "doce veinte y siete"... 1227 Northwest 26th Street, Miami,
Florida.
11 May 23, 1996
Commissioner Plummer: Whoa, whoa, whoa. Excuse me. Mr. Vice Mayor, an accusation has
been made, and I think that an accusation has to be put to bed, and to be put to rest, that possibly,
that Mr. Odio's - some member of his family has done something that is not right. It was as
question, not anything, but it goes out of here as a statement. And I would ask the City
Attorney - the City Attorney to come back this afternoon to clear the record and make sure that
we understand that allegations are just that, but I want an answer on the record this afternoon.
Vice Mayor Gort: OK. Thank you.
Commissioner Plummer: Thank you.
Vice Mayor Gort: Yes, sir.
Commissioner Dawkins: I heard what was said. OK? But if there is no truth to what was said,
why become alarmed and go through that that is not necessary? OK? Now, and I say this
because it has happened to me. The Miami Herald and everybody else said that Miller Dawkins
gave his son a glass contract at Bayside. When they searched it, a company who had a contract
gave a subcontract to my son, which was not illegal, not improper, no conflict of interest. But
the Miami Herald never went back and printed that. So I... Mr. Plummer, I hear all of this. But
if there is... I mean, if you're afraid that there may be something wrong, then go research it. But
if you know you got nothing to hide, why, you know, why go through this?
Commissioner Carollo: Well, can I ask the Vice Mayor if we could move on with the meeting?
I mean, this is getting really out of order, and ridiculous to hampering this.
Vice Mayor Gort: So be it.
Commissioner Plummer: The only problem I have, Mr. Vice Mayor, we now have a clock in the
back. Mr. Foeman, I think that clock should be up front.
Vice Mayor Gort: We're going to start using it, too.
Commissioner Plummer: Up front.
Vice Mayor Gort: Yes, sir, Mr. Cruz.
Commissioner Plummer: So that the speaker can see how much time he has left.
Vice Mayor Gort: Mr. Cruz, go ahead.
Mr. Cruz: Yeah, OK. I got a different items here on the consent. This was withdrawn already.
CA-7 on the Hardemon Market, I think it was withdrawn. Then the CA-12 was drawn, too. CA-
13, withdrawn. CA-14 and CA-15, the same thing that he was saying about the monies paid to
law firms. And there is a lot of money. Two million there, six hundred thousand, the whole
thing. Now, if the Law Department has a lack of personnel and they can't do, I took the liberty
of taking some resumes out of my daughter's computer today, and she will be finishing with her
contract work at the school that she is working now, and she is finishing paralegal. She's
graduated from FIU (Florida International University). She's born and raised in Allapattah,
going to school there, valedictorian of her school. So maybe some of these resumes I'm giving
around, maybe some people will call somebody from the City, can go to work there for the City,
because she is very, very qualified to work in any legal department. Because I see by here... I
don't know. Like they had here... All of them... Most of the thin 7s here of the consent agenda -
thirty-five thousand dollars ($35,000), seventy thousand dollars (70,000), and I'm not going to
12
May 23, 1996
IF
the items here, the ones that got two million something, six hundred thousand dollars ($600,000)
here, all today. And that's the thing that has to be approved by the Commission. There are
many other things under a certain amount of money that don't have to come to the Commission.
And I think that's wrong, because if they don't have money... If they don't have money for
certain things, they don't have money for the parks, and they have money to pay all these
settlements. I think something is definitely wrong with the City. Like one of the items there that
was withdrawn that got to do with parking at the new building. I went there the other day to the
new building to solve a problem brought to us on account of the problem with the bureaucrats
over there. Nomenclature. And you know what happened? I couldn't even park in the building
there. And you go to banks...
Vice Mayor Gort: Mariano, Mariano, your time is up. All the...
Mr. Cruz: No, no. You changed the rules after the game was started.
Vice Mayor Gort: Mariano, Mariano, excuse me a minute. Mariano...
Mr. Cruz: Don't tell me that.
Vice Mayor Gort: Mariano, excuse me a minute.
Mr. Cruz: After "Broom -Broom."
Vice Mayor Gort: All of the CA agenda that has been pulled out is going to be listed in the full
agenda, so you get a chance to speak on it again. OK?
Mr. Cruz: No. I am taking time from my vacation to be here today. That's why I brought my
wife with me today. The last item of the consent agenda, the money that you were going to use
to service the pool, I understood that before, the park pool was served by employees of the City.
Now we have to have outside service? Why is the reason? I don't know. Maybe there is more
business when you had an outside service. They can do some other people pools besides doing
the City pools.
Vice Mayor Gort: Mariano, are you talking about the summer program?
Mr. Cruz: No, no, no. Here. Sixty-three thousand dollars ($63,000) for all day pools, which are
located at 1710 Biscayne Boulevard. I know where they are. And they... sixty-three thousand
six hundred to service the pool. What about the City employees that service the pool? They
don't have anybody to service the pool anymore? What's going on? Now, they laid off so many
people that we don't have anybody else left to do work in the City. How many times a year are
they coming to do that? How many things? What they doing? The consent agenda. Let's open
that for discussion, too. Thank you.
Vice Mayor Gort: Thank you. OK.
Commissioner Plummer: Mr. Vice Mayor, I'd like... I have my problem resolved on CA-17,
and I'd like to put it back on the agenda.
Vice Mayor Gort: OK. Does any other Commissioner have any problem with CA-17?
Commissioner Carolio: Let's go over CA-17 again here.
Vice Mayor Gort: That's the Wynwood Industrial Complex, the replotting of that whole area.
13
May 23, 1996
Commissioner Carollo: That's fine. Put it back on.
Vice Mayor Gort: OK. The maker of the motion, do you accept CA-17?
Commissioner Carollo: Yes.
Vice Mayor Gort: The seconder of the motion?
Commissioner Plummer: Yes, sir.
Vice Mayor Gort: OK. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
DETERMINED 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 CAROLLO AND SECONDED BY
COMMISSIONER PLUMMER, 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
May 23,1996
2.1 ACCEPT BIDS: (1) DEXTER CLEAN ($12,208), AND (2) BEST'S MAINTENANCE
AND JANITORIAL SERVICE, INC. ($5,280) -- FOR FURNISHING MARINA
CLEANING SERVICES -- FOR CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES DEPT. -- ALLOCATE FUNDS ($18,028).
2.2
RESOLUTION NO. 96-293
A RESOLUTION ACCEPTING THE BIDS OF DEXTER CLEAN, IN
THE AMOUNT OF $12,208.00, AND BEST'S MAINTENANCE AND
JANITORIAL SERVICE, INC., IN THE AMOUNT OF $5,820.00, FOR
THE FURNISHING OF MARINA CLEANING SERVICES FOR THE
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES FOR ONE (1) YEAR, AT A TOTAL PROPOSED
AMOUNT OF $18,028.00, WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING
FUNDS THEREFOR FROM THE FY '95-96 GENERAL OPERATING
BUDGET, ACCOUNT NO. 350505-340, PROJECT NO. 413000
($12,028.00) AND ACCOUNT NO. 350506-350, PROJECT NO. 414000
($5,820.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER 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.)
ACCEPT BID: RECIO AND ASSOCIATES, INC. ($48,560, TOTAL BID OF
PROPOSAL) -- FOR BRICKELL AVENUE MEDIANS LANDSCAPE
MAINTENANCE CONTRACT, E-1061-N -- ALLOCATE FUNDS ($53,245,
INCLUDING ESTIMATED EXPENSES).
RESOLUTION NO. 96-294
A RESOLUTION ACCEPTING THE BID OF RECIO AND
ASSOCIATES, INC., IN THE PROPOSED AMOUNT OF $48,560.00,
TOTAL BID OF THE PROPOSAL, FOR "BRICKELL AVENUE
MEDIANS LANDSCAPE MAINTENANCE CONTRACT, E-1061-N11;
ALLOCATING FUNDS THEREFOR FROM FISCAL YEARS 1995-
1996 AND 1996-1997 GENERAL BUDGET, ACCOUNT NO. 580302-
340 (ANNUAL CONTRACT), IN THE AMOUNT OF $48,560.00 TO
COVER THE CONTRACT COST, AND $4,685.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$53,245.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15 May 23, 1996
2.3 AUTHORIZE FUNDING FOR SPONSORSHIP OF: 100 BLACK MEN NATIONAL
CONVENTION (JUNE 5-9, 1996) -- ALLOCATE FUNDS ($5,000) FROM LAW
ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 96-295
A RESOLUTION AUTHORIZING FUNDING FOR THE
SPONSORSHIP OF THE "100 BLACK MEN" NATIONAL
CONVENTION TO BE HELD IN MIAMI, FLORIDA, JUNE 5-9, 1996,
IN THE AMOUNT OF $5,000; ALLOCATING FUNDS THEREFOR
FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.4 AUTHORIZE FUNDING FOR SPONSORSHIP OF YOUTH CRIME WATCH OF
AMERICA -- ALLOCATE FUNDS ($25,000) FROM LAW ENFORCEMENT TRUST
FUND (LETF).
RESOLUTION NO. 96-296
A RESOLUTION AUTHORIZING FUNDING FOR THE
SPONSORSHIP OF YOUTH CRIME WATCH OF AMERICA, IN THE
AMOUNT OF $25,000; ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS
COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER
932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.5 AUTHORIZE MANAGER TO REIMBURSE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (DEP) -- FOR APPRAISAL OF PORTION OF
WATSON ISLAND, CONCERNING REVIEW OF EXISTING DEED RESTRICTIONS
AND PROPOSED BOTANICAL GARDEN ATTRACTION (PARROT JUNGLE AND
GARDENS, INC.).
RESOLUTION NO. 96-297
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
REIMBURSE THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION ("DEP") AN AMOUNT NOT TO
EXCEED $6,500, FOR AN APPRAISAL OF A PORTION OF WATSON
ISLAND, IN CONNECTION WITH THE REVIEW OF EXISTING
DEED RESTRICTIONS FOR SAID PROPERTY AND THE
PROPOSED BOTANICAL GARDEN ATTRACTION BY PARROT
JUNGLE AND GARDENS, INC.
16
May 23, 1996
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.6 APPROVE SOUTH FLORIDA JAIL MINISTRIES / AGAPE WOMEN'S CENTER --
FOR PROVISION OF SUPPORT SERVICES TO HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM -- FOR NET / HOUSING DIVISION --
ALLOCATE $15,470 FROM 1995 HOPWA GRANT PROGRAM.
RESOLUTION NO. 96-298
A RESOLUTION APPROVING SOUTH FLORIDA JAIL
MINISTRIES/AGAPE WOMEN'S CENTER FOR THE PROVISION OF
SUPPORT SERVICES TO THE HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM, FOR THE
DEPARTMENT OF NET, HOUSING DIVISION; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $15,470,
FORM THE 1995 HOPWA GRANT PROGRAM; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY
AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.7 ALLOCATE FUNDS ($35,000) FROM 22ND YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS -- TO ASSIST TOWN PARK VILLAGE NO. 1,
INC. WITH CONSTRUCTION OF SECURITY FENCE AT TOWN PARK VILLAGE
(1680 N.W. 4 AVENUE).
RESOLUTION NO. 96-299
A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF
$35,000.00 FROM TWENTY-SECOND YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS TO PROVIDE
FUNDS TO ASSIST TOWN PARK VILLAGE NO. 1, INC. WITH THE
CONSTRUCTION OF A SECURITY FENCE AT TOWN PARK
VILLAGE, LOCATED AT 1680 NORTHWEST 4TH AVENUE,
MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH TOWN PARK
VILLAGE NO. 1, INC., FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
May 23, 1996
2..8 ALLOCATE FUNDS ($22,400) FROM COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS (PROJECT 799602) -- FOR REHABILITATION OF 16
BUSINESSES IN MODEL CITY, EDISON / LITTLE RIVER AND LITTLE HAVANA
TARGET AREAS, UNDER CITYWIDE COMMERCIAL FACADE PROGRAM.
RESOLUTION NO. 96-300
A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF
$22,400.00 FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, PROJECT NO. 799602, FOR THE REHABILITATION OF
SIXTEEN (16) BUSINESSES, MORE SPECIFICALLY DESIGNATED
HEREIN, LOCATED IN THE MODEL CITY, EDISON/LITTLE RIVER
AND LITTLE HAVANA TARGET AREAS UNDER THE CITYWIDE
COMMERCIAL FACADE PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.9 AUTHORIZE CITY ATTORNEY TO ENGAGE ROBERT S. GLAZIER TO SERVE
AS COUNSEL FOR APPEAL OF TARAFA CONSTRUCTION, INC. VS. CITY OF
MIAMI (CASE NO. 90-49590) -- FOR $35,000, PLUS $1,000 FLAT FEE FOR COSTS
AND, IF JUDGMENT IS REVERSED IN PART OR IN ENTIRETY, A SUCCESS FEE
EQUAL TO 5010 OF AGGREGATE SAVINGS TO THE CITY.
RESOLUTION NO. 96-301
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENGAGE ROBERT S. GLAZIER TO SERVE AS COUNSEL FOR THE
APPEAL TO THE THIRD DISTRICT COURT OF APPEAL IN THE
CASE OF TARAFA CONSTRUCTION, INC. VS. CITY OF MIAMI,
CASE NO. 90-49590, IN THE AMOUNT OF $35,000.00 FOR SAID
SERVICES, PLUS A $1,000.00 FLAT FEE FOR COSTS, AND IN THE
EVENT THE JUDGMENT IS REVERSED IN PART OR IN ITS
ENTIRETY, A SUCCESS FEE PAYABLE AND EQUAL TO FIVE
PERCENT (517o) OF THE AGGREGATE SAVINGS TO THE CITY;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE
NO. 620103-661.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
18
May 23, 1996
2.10 CLAIM SETTLEMENT: STELLA DREYER ($70,000).
RESOLUTION NO. 96-302
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY STELLA DREYER THE SUM OF $70,000.00, 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), UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF
MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE
NO. 620103-653, FOR SAID SETTLEMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.11 ACCEPT PLAT: WYNWOOD INDUSTRIAL COMPLEX.
RESOLUTION NO. 96-303
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PLAT
ENTITLED "WYNWOOD INDUSTRIAL COMPLEX," A
SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN ATTACHMENT 1 ATTACHED
HERETO AND MADE A PART HEREOF, 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 SAID 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.)
19 May 23, 1996
1
2.12 AUTHORIZE MANAGER TO ISSUE REVOCABLE LICENSE -- TO McCAW
COMMUNICATIONS OF FLORIDA, INC. -- FOR USE OF APPROX. 4 SQUARE
FEET OF WALL SPACE IN GROUND LEVEL ROOM ADJACENT TO
SCOREBOARD AT ORANGE BOWL -- FOR (1) INSTALLATION / OPERATION /
MAINTENANCE OF UNMANNED MICROCELL WIRELESS
TELECOMMUNICATIONS SITE, (2) INSTALLATION / OPERATION /
MAINTENANCE OF 1'x1' ANTENNA MOUNTED ON EACH OF 4 SCOREBOARD
POSTS, AND (3) INSTALLATION OF MICROWAVE ANTENNA BEHIND
SCOREBOARD -- REVOCABLE LICENSE INITIAL ANNUAL FEE: $10,000.
RESOLUTION NO. 96-304
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO ISSUE A REVOCABLE LICENSE, IN
SUBSTANTIALLY THE ATTACHED FORM, TO McCAW
COMMUNICATIONS OF FLORIDA, INC. ("McCAW") FOR THE USE
OF APPROXIMATELY FOUR (4) SQUARE FEET OF WALL SPACE
WITHIN A ROOM LOCATED AT GROUND LEVEL ADJACENT TO
THE SCOREBOARD AT THE ORANGE BOWL, LOCATED AT 1501
NORTHWEST 3RD STREET, MIAMI, FLORIDA, FOR THE
INSTALLATION, OPERATION AND MAINTENANCE OF AN
UNMANNED MICROCELL WIRELESS TELECOMMUNICATIONS
SITE, THE INSTALLATION, OPERATION AND MAINTENANCE OF
ONE (1) 1' X V ANTENNA MOUNTED ON EACH OF THE FOUR
SCOREBOARD POSTS AND THE INSTALLATION OF A
MICROWAVE ANTENNA BEHIND SAID SCOREBOARD, SAID
REVOCABLE LICENSE TO BE AT AN INITIAL ANNUAL FEE OF
$10,000, AND SUBJECT TO ALL TERMS AND CONDITIONS AS
SET FORTH IN SAID REVOCABLE LICENSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.13 AUTHORIZE PAYMENT FOR PROFESSIONAL SERVICES: KRONGOLD AND
TODD, P.A. -- CONCERNING MIAMI ARENA CONTRACT BETWEEN MIAMI
SPORTS AND EXHIBITION AUTHORITY (MSEA) AND DECOMA, LTD. --
ALLOCATE FUNDS ($26,180 FOR FEES, AND $767.71 FOR COSTS).
RESOLUTION NO. 96-305
A RESOLUTION AUTHORIZING THE PAYMENT FOR
PROFESSIONAL SERVICES RENDERED BY THE LAW FIRM OF
KRONGOLD AND TODD, P.A. IN CONNECTION WITH THE MIAMI
ARENA CONTRACT BETWEEN THE MIAMI SPORTS AND
EXHIBITION AUTHORITY AND DECOMA, LTD.; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $26,180.00
FOR FEES AND $767.71 FOR COSTS, FROM SPECIAL PROGRAMS
AND ACCOUNTS FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
20 May 23, 1996
2.14 RATIFY CITY ATTORNEY'S CONTINUED ENGAGEMENT OF JOSEPH Z.
FLEMING, PARKER THOMSON AND GARY HELD -- AT INCREASED HOURLY
RATE OF $175 FOR LEGAL SERVICES RENDERED REPRESENTING /
DEFENDING CITY OF MIAMI AND INDIVIDUAL CITY COMMISSIONERS --
THROUGH ANTICIPATED / ACTUAL TRIAL STAGES / APPELLATE
PROCEEDINGS / ADMINISTRATIVE HEARINGS CONCERNING PROPERTY AT
3471 MAIN HIGHWAY (COMMODORE BAY) -- ALLOCATE ADDITIONAL FEES
($35,000) -- AUTHORIZE CITY ATTORNEY AND SPECIAL COUNSEL TO TAKE
NECESSARY LEGAL STEPS, INCLUDING INTERVENTION, IN NEWLY FILED
LITIGATION: KENNETH TREISTER, GERALD KATCHER AND HOWARD
SCHARLIN VS. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
FUND OF THE STATE OF FLORIDA (CASE NO. 96-1730). (See label 75)
RESOLUTION NO. 96-306
A RESOLUTION RATIFYING AND APPROVING THE CITY
ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRMS
OF JOSEPH Z. FLEMING, PARKER THOMSON AND GARY HELD,
AT AN INCREASED HOURLY RATE OF $175.00, AS
COMPENSATION FOR LEGAL SERVICES RENDERED IN
REPRESENTING AND DEFENDING THE CITY OF MIAMI AND
INDIVIDUAL CITY COMMISSIONERS, AS APPLICABLE,
THROUGH ANTICIPATED OR ACTUAL TRIAL STAGES,
APPELLATE PROCEEDINGS AND ADMINISTRATIVE HEARINGS
IN CONNECTION WITH PROPERTY LOCATED AT 3471 MAIN
HIGHWAY (A/K/A "COMMODORE BAY"), MIAMI, FLORIDA;
ALLOCATING ADDITIONAL FEES THEREFOR, IN AN AMOUNT
NOT TO EXCEED $35,000 FOR SUCH REPRESENTATION, FROM
THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND, INDEX CODE NO. 620103-661; FURTHER AUTHORIZING
THE CITY ATTORNEY AND SPECIAL COUNSEL, TO TAKE ALL
NECESSARY LEGAL STEPS, INCLUDING INTERVENTION, IN THE
NEWLY FILED KENNETH TREISTER, GERALD KATCHER AND
HOWARD SCHARLIN VS. BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA
LITIGATION (CASE NO. 96-1730).
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
21 May 23, 1996
2.15 ACCEPT BID: ALL FLORIDA POOL & SPA CENTER -- FOR FURNISHING
SCHEDULED PREVENTIVE MAINTENANCE / REPAIR SERVICES FOR 10
SWIMMING POOLS -- FOR PARKS & RECREATION DEPT. -- ALLOCATE FUNDS
i ($63,600).
RESOLUTION NO. 96-307
A RESOLUTION ACCEPTING THE BID OF ALL FLORIDA POOL &
SPA CENTER, A DADE COUNTY/NON-MINORITY VENDOR, FOR
THE FURNISHING OF SCHEDULED PREVENTIVE MAINTENANCE
AND REPAIR SERVICES FOR TEN (10) SWIMMING POOLS, ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE YEAR PERIODS, AT AN
ESTIMATED TOTAL ANNUAL COST OF $63,600.00, FOR THE
DEPARTMENT OF PARKS & RECREATION; ALLOCATING FUNDS
THEREFOR FROM THE FY '95-96 OPERATING BUDGET,
ACCOUNT CODE NO. 580301-704; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, AND
THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICE,
i TERMS AND CONDITIONS, SUBJECT TO AVAILABILITY OF
` FUNDS.)
}
(� (Here follows body of resolution, omitted here and on file in the Office of
I the City Clerk.)
i
Vice Mayor Gort: There's a little item of business we need to... we should take care of, the
approval of the City Commission minutes of the following meeting.
i
Commissioner Plummer: So move.
I Vice Mayor Gort: It's been moved.
1
Commissioner Carollo: Second.
Vice Mayor Gort: Second. Discussion? Being none, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Special Commission meeting of March 29, 1996.
� Commissioner Plummer: Move it. Second.
! Commissioner Carollo: Second.
Vice Mayor Gort: Moved and seconded. Discussion? Being none, all in favor, state so by
j saying "aye."
The Commission Collectively: Aye.
I
i
Vice Mayor Gort: Thank you. Unanimous.
22 May 23, 1996
NOTE FOR THE RECORD: On a motion duly made by
Commissioner Plummer an seconded by Commissioner Carollo,
the minutes of the Special City Commission meeting of March 26
and 29, 1996 was approved by the Commission.
Vice Mayor Gort: We'll go to the regular agenda, 2.1.
Commissioner Dawkins: Before you...
Commissioner Carollo: OK... Excuse me. Go ahead, Miller.
Commissioner Dawkins: Go ahead. Go right ahead, sir.
Commissioner Carollo: If I may ask the Chair if we could leave the appointments to all the
boards and committees until later on, so we could move on with some of the more important
things in the agenda today. I think this is mainly housekeeping items that we could do towards
the end.
Vice Mayor Gort: No problem. Is everybody in agreement?
Commissioner Dawkins: Yes. I have no problem.
Vice Mayor Gort: OK.
NOTE FOR THE RECORD: At this point, all agenda items dealing
witfi appointments to CRoards/Committees were tabled.
----------------------------------------------------------------------------------------------------------------
3. DIRECT ADMINISTRATION TO PROVIDE COMMISSION WITH DETAILS
OF NET FUNDING, ESPECIALLY IN CONNECTION WITH HADLEY
PARK.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor - I mean Mr. Vice Mayor - we have two citizens here who
wanted to come before the Commission and get our reaffirmation that the money is available for
the center in Hadley Park. Mr. Hirschel (phonetic) and Mr. Stanley, will you come up and tell us
what your concerns are so we can... It's just a statement so you can... we can leave. And if it's
necessary, then the Manager will have someone to work with you. Let me see if I can't cut
through it. Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Dawkins: We have this center, and this center and another center has been
designated as role models for NET (Neighborhood Enhancement Team) offices. So therefore,
some NET additions have been added, and they don't know how they're going to be funded. So
would you have somebody meet with them and tell them where the money is going to come
from?
23 May 23, 1996
Mr. Odio: We'll take care of it.
Commissioner Dawkins: OK. Thank you very much. Thank you, Mr. Vice Mayor.
Vice Mayor Gort: OK.
----------------------------------------------------------------------------------------------------------------
} 4. CLARIFYING COMMENTS CONCERNING MARCH 14, 1996 DIRECTIVE
TO ADMINISTRATION PERTAINING TO ITS INTENT RELATIVE TO
i COMMERCIAL FACADE AND CODE COMPLIANCE PROGRAMS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 3. Item 3.
Commissioner Dawkins: Item 3?
Vice Mayor Gort: Item 3, Commissioner Dawkins. This was a discussion of the hundred
thousand dollars ($100,000) for Overtown for rehab, and for Code compliance and...
Mr. Elbert Waters (Director NET/Community Development): Good morning.
Vice Mayor Gort: The understanding was that the money was to be utilized only for Code
compliance for the individuals that... this is in Overtown. And I think the staff needed a
clarification, if you wanted that to be only for that purpose, for the compliance, or also for facade
improvement?
Commissioner Dawkins: OK. My concern is, my fellow Commissioners, my concern is that we
have the Greater Bethel CDC (Community Development Corporation). We have the Saint
John's CDC. We have another CDC. And all of them are located, but Greater Bethel, on 3rd
Avenue. So I don't understand why each of these... Since these CDCs are about the business of
upgrading the housing stock and the life style in that area, I don't understand why we could not
give each of these CDCs a contract to work with a business and upgrade that business, rather
than have Saint John's come in here and tell me they want a hundred thousand dollars
($100,000) to do it, and I don't know how much of the hundred thousand dollars ($100,000) will
go for their salary. And I'm not downgrading them. But if we give it to an agency that's already
operating, not any of the hundred thousand dollars should go for operational costs, because they
are already operating.
Vice Mayor Gort: No, no. Commissioner, I think... My understanding is this hundred thousand
dollars ($100,000), that we allocated it for a specific purpose.
Commissioner Dawkins: That's right.
Vice Mayor Gort: None of this money is to be used for administration.
Commissioner Dawkins: But Saint John's wants to come in and the whole hundred thousand
($100,000) be given to them. And I would say no. No, no, no. I mean, I know what I want up
here. I don't know what you want. I'm trying to get what I want.
Commissioner Plummer: No. Whoa, whoa, whoa. It's my understanding the maximum that
anybody can get is seven thousand dollars ($7,000). Am I correct?
24 May 23, 1996
Commissioner Dawkins: No.
Vice Mayor Gort: Any individual business.
Commissioner Dawkins: No.
Commissioner Plummer:
Yeah.
Commissioner Dawkins:
No.
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Commissioner Dawkins:
We have some businesses in Little Havana that got fifteen thousand
dollars ($15,000). But you
got to have a 30 percent match, Commissioner Plummer.
Commissioner Plummer:
Yeah, but I still was told that the max that you could get was seven
thousand dollars
Commissioner Dawkins:
You were told incorrect.
Commissioner Plummer:
Well, then, somebody correct me.
Commissioner Dawkins:
All right.
Commissioner Plummer:
Mr. Waters.
Commissioner Dawkins:
Mr....
Commissioner Plummer: Mr. Manager?
Vice Mayor Gort: Mr. Waters is here.
Mr. Waters: Good morning.
Commissioner Plummer: Yes or no?
Mr. Waters: We have two programs, for clarification. One is the commercial facade
improvement program. There is a 70/30 split, seven thousand ($7,000) maximum per business
for that particular one. The second one, which is...
Commissioner Plummer: Whoa, whoa, wait a minute. Clarify that even a little... one step
further. That seven thousand ($7,000) is only if they put in the remaining amount that brings
them into Code compliance. Correct?
Commissioner Dawkins: No, no.
Mr. Waters: No.
Commissioner Dawkins: They put in 30 percent of whatever seven thousand ($7,000) is.
Commissioner Plummer: No, no, no.
Vice Mayor Gort: No, no. Excuse me. Excuse me. My understanding is - and let staff explain
it - the maximum is ten percent or ten thousand dollars ($10,000), in which the property owner
25 May 23, 1996
has to put, or the business owner has to put, 30 percent, and the City puts 70 percent. Am I
correct, Mr. Waters?
Commissioner Plummer: That's only... It's my understanding...
Vice Mayor Gort: The facade, the facade.
Commissioner Plummer: ... only if it brings them into Code, full Code compliance.
Vice Mayor Gort: No. There's two different... you know, they have to...
Mr. Waters: There are two different programs. Both of them are centered towards business
retention and improvement. The first one, the commercial facade improvement program, allows
a business owner to participate. The City... It's a 70/30 split, 70 percent/30 percent. The City's
portion is 70. That business owner has to put in 30 percent. If he or she wants to do more, they
can, but the City's maximum amount for the facade program is seven thousand dollars ($7,000).
Vice Mayor Gort: Right.
Mr. Waters: So if it costs more, then that business... he or she, the business owner, can do more,
if they so desire, and if they have a means to do so.
Commissioner Dawkins: But also... Pardon me, Mr. Vice Mayor.
Vice Mayor Gort: Also, it's my understanding, Commissioner Dawkins, that in order for them
to get the facade money, if they're in non-compliance with the Code, they would have to come in
compliance before they can get that money. Am I correct, Mr. Waters?
Commissioner Plummer: Well, it's to be used to bring them into compliance.
Vice Mayor Gort: Right.
Commissioner Dawkins: Hey, wait a minute. Hold it. Hey, you stand aside till we get through
with Mr. Waters, man, because you're holding up time. Go ahead, ask your question again, Mr.
Vice Mayor.
Vice Mayor Gort: The question was, you cannot receive facade monies if you're not... in non-
compliance with the City .
Mr. Waters: You are correct. And in essence, what we're saying is, for the Code compliance
aspect of it, we want to encourage those businesses to remain. Those life safety aspects of the
building, electrical, plumbing, and the like, we allow them to participate in the Code compliance,
i.e., bringing their properties up to Code, and then, they also can participate in the commercial
facade improvement program by having their properties painted, fixed up and to the like. So it's
two different programs.
Commissioner Dawkins: Mr. Manager, Mr. Manager, through you to Pablo. Pablo, would you
please... Pablo, would you come over here. See, we're going through... No, go to the mike.
Mr. Pablo Perez -Cisneros (Executive Director, Miami Capital): Yes, sir.
Commissioner Dawkins: Code enforcement and facade. We are supposed to be about the
business of assisting businesses to exist and make money.
26 May 23,1996
Mr. Perez -Cisneros: Correct.
Commissioner Dawkins: Now, I am a business owner on Northwest 3rd Avenue. I have a Code
enforcement violation that takes fifty thousand dollars ($50,000) to correct. OK?
Mr. Perez -Cisneros: Correct.
Commissioner Dawkins: I'm being told up here that I cannot get a penny if the City of Miami is
going to give me seven thousand dollars ($7,000), and I do not come up with forty-seven
thousand dollars ($47,000), I do not get a penny. Is that correct?
Mr. Perez -Cisneros: This is the way I understand it. Yes, sir.
Commissioner Dawkins: OK. Now, you also have an understanding that if you, the City, make
seven thousand dollars ($7,000) available to me, and I have three - which is ten - through your
department, being the City of Miami, is there such a thing as a low interest loan rate, to help me
complete my business, and bring it up, and operate it?
Mr. Perez -Cisneros: If the...
Commissioner Dawkins: No, no, no. Is there such a thing?
Mr. Perez -Cisneros: Not in my department. I work for Miami...
Commissioner Dawkins: In the City of Miami. In the City of Miami.
Mr. Perez -Cisneros: I work for Miami Capital. The City of Miami... In the City of Miami, it's a
different animal.
Commissioner Dawkins: You worked for the City of Miami before you went to CD.
Mr. Perez -Cisneros: Yes, sir.
Commissioner Dawkins: OK. That's why I asked you. You work... See, they can't fire you
from over here now, because you don't work over here anymore.
Mr. Perez -Cisneros: That's...
Commissioner Dawkins: OK? So tell me what I'm asking you.
Mr. Perez -Cisneros: Well, there are different ways of viewing it.
Commissioner Dawkins: But it can be done.
Mr. Perez -Cisneros: It could be done...
Commissioner Dawkins: Thank you. That's sufficient.
Mr. Perez -Cisneros: ... providing it meets the appropriate determination.
Commissioner Dawkins: Beg pardon?
Mr. Perez -Cisneros: Providing it meets the determination as provided by HUD (Department of
Housing and Urban Development). You see, everything that has to do with CDBG...
27
May 23, 1996
r
Commissioner Dawkins: No, wait a minute. See... No. Some things we do up here don't need
nothing, but three Commissioners' cooperation.
Commissioner Plummer: Correct, sir.
Commissioner Dawkins: OK? But that can be done. Right?
Mr. Perez -Cisneros: Yeah, it can be worked out.
Commissioner Dawkins: That's all I needed from you. Thank you, sir.
Vice Mayor Gort: My understanding - and correct me if I'm wrong - my understanding is, we
allocated a hundred thousand dollars ($100,000) to that area that can be used by any one of the
three CDCs that you talked about. Now, the question was, can that money be used for Code
compliance, or can it be used for both Code compliance and facade treatment?
Commissioner Dawkins: No, no. This is for Code compliance.
Vice Mayor Gort: That's... OK.
Commissioner Dawkins: The other money...
Vice Mayor Gort: You got it straightened out?
Commissioner Dawkins: ... that they have over there is for Code... facade.
Vice Mayor Gort: This money is only for Code compliance. OK? Thank you.
Commissioner Dawkins: Thank you.
NOTE FOR THE RECORD: At this point, agenda item 4 was
to e .
----------------------------------------------------------------------------------------------------------------
5. DISCUSS AND DEFER CONSIDERATION OF THE MIAMI ROWING CLUB,
INC. LEASE AGREEMENT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 5. Discussion item. Miami Rowing Club, Inc. lease agreement.
Commissioner Dawkins: Oh, this is a good one.
Commissioner Carollo: Well...
Mr. Eduardo Rodriguez (Director, Asset Management): Good morning, Commissioners.
Commissioner Carollo: Eduardo, can I suggest something?
O
May 23, 1996
Mr. Rodriguez: Sure, sir.
Commissioner Carollo: Can we sit on this and go over it before it's brought back either later
today, if you'd like, or at the next meeting? Because I think that part of what is being asked
should certainly be considered, but you have another area that was included that really should
not have been part of the request, and I don't want to mix one thing with another. I don't want to
mix an approval with something else that's included in the request.
Mr. Rodriguez: OK.
Commissioner Carollo: So if we could do it this way, I think it would work a lot smoother.
Mr. Rodriguez: So do you want to get lunch with me?
Commissioner Carollo: Yeah, maybe at lunch, you come over for a minute and we could look at
it.
Mr. Rodriguez: We'll bring it in the afternoon, then. OK.
Commissioner Carollo: If you'd like.
Vice Mayor Gort: What... Commissioner. Commissioner Dawkins.
Commissioner Dawkins: I move that it be deferred till the next meeting, because, I mean, I just
don't see... Because whatever concerns he has, I may have, too, and I don't know what they're
talking about in there. So let him go see every Commissioner. OK?
Vice Mayor Gort: OK. Deferred till the next meeting.
Commissioner Dawkins: I move that it be deferred to the next meeting.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Plummer: Bunch of dummies.
Commissioner Carollo: Second.
Vice Mayor Gort: Being no further discussion, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
F
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER CAROLLO, ITEM 5 WAS CONTINUED TO
THE CITY COMMISSION MEETING OF JUNE 13, 1996 BY
THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----- -----------------------------------------------------------------------------------------------------
6. GRANT REQUEST BY THE AMERICAN LEGION - POST 182 FOR
WAIVER OF COCONUT GROVE SPECIAL EVENTS DISTRICT FEE
CONCERNING ITS MEMORIAL DAY PARADE AND SERVICE AT
CHARLES AVENUE CEMETERY.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 6, the American Legion Post 182.
Commissioner Plummer: Where is Dr. White? Mr. Manager, was this discussed with you at all,
sir?
Mr. Cesar Odio (City Manager): Which one, sir?
Commissioner Plummer: Six.
I
I Vice Mayor Gort: Six. The American Legion.
Commissioner Dawkins: The parade for the veterans.
1
Mr. Odio: But I... I recommend it.
Commissioner Dawkins: OK. I move it with the Manager's recommendations, and then they
have to meet the recommendations imposed by the Manager.
i
Commissioner Carollo: Second.
j Vice Mayor Gort: It's been moved and seconded. Is there any discussion? Being none, all in
favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Thank you.
Commissioner Dawkins: Thank you.
May 23, 1996
i
4
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
1
RESOLUTION NO. 96-308
A RESOLUTION RELATED TO THE MEMORIAL DAY OBSERVANCE
CONDUCTED BY THE AMERICAN LEGION POST 182 TO BE HELD ON MAY
{ 27TH, 1996; WAIVING THE FEE REQUIRED FOR SPECIAL EVENTS
OCCURRING WITHIN THE COCONUT GROVE SPECIAL EVENTS DISTRICT AS
PERMITTED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
IN AN AMOUNT NOT TO EXCEED $10,000; SAID WAIVER(S) CONDITIONED
UPON THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS
OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND
E (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
{ Commissioner Miller J. Dawkins
1 Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
1
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{
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4 31 May 23,1996
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7. (A) EMERGENCY ORDINANCE: AMEND CODE SECTION 52.6-3:
MEMBERSHIP PROVISIONS APPLICABLE TO MIAMI SPORTS
AND EXHIBITION AUTHORITY (MSEA).
(B) DIRECT CITY ATTORNEY TO DRAFT LEGISLATION
NECESSITATING ALL BOARD APOINTMENTS TO BE REVIEWED
EACH YEAR, AS WELL AS COMMISSIONERS SERVING ON
BOARDS.
(C) APPROVE A $150,000 CAP FOR MIAMI SPORTS AND EXHIBITION
AUTHORITY BUDGET FOR 1996-1997.
(D) APPROVE, IN FUTURE, APPOINTMENT OF MSEA EXECUTIVE
DIRECTOR AND COUNSEL BY 4/5THS VOTE OF COMMISSION --
APPROVE WARREN BUTLER AS EXECUTIVE DIRECTOR.
(E) APPOINT JOSEPH PORTUONDO AS INTERIM GENERAL
COUNSEL OF MSEA.
(F) DIRECT CITY ATTORNEY TO SEEK BEST LITIGATION
CONCERNING DECOMA BUYOUT.
(G) GRANT TWO-YEAR EXTENSION OF LEASE TO FLORIDA
PANTHERS.
Vice Mayor Gort: Item 6-A. Commissioner Carollo.
Commissioner Carollo: On item 6-A, I'd like to bring a variety of items that have to do with the
Sports and Exhibition Authority. First and foremost, I'd like to clarify and bring to a vote of this
Commission the budget for the Sports Authority for the next fiscal year, October 1st. I'd like to
establish it a little earlier than usual for the simple fact that I want to make it clear where we're
heading with the Sports Authority. And if the Commission disagrees with what I'm presenting,
then I think it's best that we know it ahead of time. For some time - rightly so, I feel -
Commissioner Dawkins, Commissioner Plummer, who were former chairmen of the Sports
Authority, have publicly stated in this Commission and in the media that there have been a lot of
monies that have been spent in the past in the Sports Authority that did not need to be spent.
From the short time that I have been there, I feel that I have gone a long way in cutting the
budget and the waste that's been there. But for all of us to be able to accomplish what I think we
all want to do, which is to use the monies that we have there in a City agency in the best manner
to help all the City of Miami, then I think we need to make some decisions today, and we need to
come to a head with this. What I am proposing is that we cut the budget of the Sports Authority
for the salaries of the personnel to a hundred and twenty thousand dollars ($120,00), which, I
believe, is what ITB's (International Trade Board) budget is now. Am I correct on that, J.L.?
Mr. Odio: It's one -fifty.
Commissioner Plummer: One -fifty. And I would suggest that you do the same, to keep them
even.
Commissioner Carollo: OK. I will bring it to one -fifty, so it could be even with ITB. That's a
significant reduction from what the gravy days have been there. And the other area that I would
like to bring up - and really, I'd like to do both of these together, but we're going to have to take
separate votes on them - That's why I'm bringing both together - has to do with the makeup of
the board. From time to time, this Commission in the past has made changes either in reducing
boards or expanding boards. The last changes that were made, I think, were made at Bayfront
Park, a board where it was reduced a few years ago.
32 May 23, 1996
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Commissioner Plummer: So was DDA (Downtown Development Authority).
Commissioner Carollo: My feelings are that the way that the Sports Authority's Board is
presently, at 13, it would serve the City of Miami and the Sports Authority, which is an agency
of the City of Miami, would serve it best if that board would also be reduced to five members.
And I'd like to discuss presenting an ordinance today, an emergency ordinance, first and second
reading, to reduce that board from the 13 members to five members.
Commissioner Plummer: Question.
Commissioner Carollo: Yes, sir.
Commissioner Plummer: Just for clarification, I would assume you'll model that after the other
boards, in which whoever is the chairman of a given thing would be his own appointment.
Commissioner Carollo: Of course, Commissioner.
Commissioner Plummer: So it does keep it at an uneven number for a time of...
Commissioner Carollo: Yeah, exactly, yeah. Whichever one of us rotates as chairman, from
year to year or time to time, that Commissioner would not be making an appointment. He would
be his own appointment.
Commissioner Plummer: His own appointment.
Commissioner Carollo: And then each other... each of the other four would name someone to
that board. I think that in the times that we're dealing today, we have to do everything possible
to save dollars. I think that throughout the years, there have been millions of dollars that have
been spent very unwisely in the Sports Authority, and if we would have had those dollars today,
we would certainly have done a lot more with them. And by taking the steps that I'm proposing
today, I think that we're going to be saving a significant amount of money, that could be used for
much better things that are needed in the City. For instance, as you all know, for the first time,
we were able to get the Sports Authority to give three hundred and ninety thousand dollars
($390,000) towards the Orange Bowl. Another area that I think that we should be looking at is
using some of the monies that are there, instead of using it in salaries, where we're getting very
little out of it, use it in the Convention Center that we have right here that has many needs. So
having said that, I don't know if there are any other questions or I could...
Commissioner Plummer: I have none. I only have one other... Excuse me?
Vice Mayor Gort: This would be effective...
Commissioner Plummer: No, it would be effective now.
Commissioner Carollo: Yeah, it would be effective today.
Commissioner Plummer: And on a four/fifths vote emergency ordinance.
Commissioner Carollo: Yeah.
Commissioner Plummer: Let me ask this question, I guess, of the City Attorney. Joe, what
you've presented, I have no...
33 May 23, 1996
r
Vice Mayor Gort: Excuse me, excuse me.
Commissioner Plummer: Sure.
Vice Mayor Gort: The board composition, yes, that would be effective today.
Commissioner Carollo: Yes.
Vice Mayor Gort: But the budget would be with the regular budget.
Commissioner Plummer: Oh, in October 1, yeah.
Commissioner Carollo: The budget would have to be effective October 1st, Commissioner.
Commissioner Plummer: Mr. City Attorney, maybe it's directly or indirectly related to
Commissioner Carollo. I thought for a long time, if we would like to consider, and I say this for
the board's consideration, that appointments... Remember, when a chairman, one of us are
appointed, it's supposedly the availability of rotation every year. And I'm just wondering if we
should not consider board members' appointments being for one year.
Commissioner Carollo: Well...
Commissioner Plummer: Now, just think about it. I'm not putting that part of the motion today.
Commissioner Carollo: Yeah. Well, in this ordinance, J.L....
Commissioner Plummer: Yeah.
Commissioner Carollo: ... for this particular board, this is what we're presenting, that the terms
would be for one year. And the reason we did this in this ordinance is that since we have an
ordinance that talks about for the Commissioners to rotate every year, if that is done, then it
should also include the members of this board.
Commissioner Plummer: Well, the reason I'm saying it - and I'm going to put it right on the
record without naming names - there have been a few appointments that have been
embarrassments. And for whatever reason, you couldn't get them out until the end of the fourth
year, even though the embarrassment was in the first year. And if you had it where we rotate
every year reappointments, I think it would keep our appointments more on their toes. OK?
That was the reason... You know, I got to admit the truth. We've had a few that we prefer that
we hadn't done. And so I just say for consideration, Mr. City Attorney, if you would come back
at the next meeting with something that the Commission could accept or reject, to make all
appointments for one year. The same as we are as chairmanship, the appointments should be the
same. So Mr. Vice Mayor, I just offer that for a thought.
Commissioner Carollo: I fully agree with that.
Vice Mayor Gort: Well, the attorneys are going to have to come back to us. Commissioner
Dawkins.
Commissioner Dawkins: I have one...
A. Quinn Jones, III, Esq. (City Attorney): There are some... You know, I'll come back, but
there are some back, but there are some boards that can't be for one year, because by State
statute, it specifies...
34 May 23, 1996
Vice Mayor Gort: Then you come back and tell us.
Mr. Jones: OK.
Commissioner Dawkins: I have one question, Commissioner Carollo.
Commissioner Carollo: Yes, Commissioner.
Commissioner Dawkins: I need to see the budget. I will vote for this, with the express right to
change my vote...
Commissioner Carollo: On the budget. That's fine.
Commissioner Dawkins: On the budget.
Commissioner Carollo: Sure.
Commissioner Dawkins: Because I will not vote - and I will tell my fellow Commissioners - for
a law expenditure that's in the same range that the other lawyer had. OK? I cannot...
Commissioner Carollo: You're very correct on that, Commissioner.
Commissioner Dawkins: I mean, that's me, though.
Commissioner Carollo: You're very, very correct on that.
Commissioner Dawkins: See, I cannot. And I... I don't know if any of the other Commissioners
have been privileged to the contract that was drafted and submitted for observation. The new
law firm wants seven thousand dollars ($7,000) a month to represent the Sports Authority. And I
don't know if there's that much representation over there. And they also have a clause that says
this money is to be paid the first of the month, regardless. That's number one. They also, my
fellow Commissioners, want the right to hire anybody from their firm who they feel they need to
assist them at a hundred and seventy-five dollars ($175) an hour for as long as they need them.
Commissioner Plummer: You know, if we cap the budget at one -fifty... OK?
Commissioner Dawkins: OK.
Commissioner Plummer: ...That means the executive director is going to work for nothing,
because then all the money is going to have to go to these people who think they're going to get
rich overnight.
Commissioner Dawkins: OK. Thank you. Now, I just want... I just needed to put on the
record, you know, where I am, so we... I can't talk to you for the Sunshine Law, but I can
certainly tell you up here how I feel.
Commissioner Carollo: Well, you know...
Vice Mayor Gort: I think every one of us would like to see the budget being presented by the
Sports Authority and its board.
Commissioner Carollo: Well, fine. And I agree that I think we will be seeing the same thing for
some time. And, you know, I, for one, when you all named me chairman of this board, didn't
35 May 23, 1996
a
accept the chairmanship and made the changes that were made so that we would just replace the
driver with myself, and I would just join the gravy train.
Commissioner Dawkins: OK. Well, we didn't...
Commissioner Carollo: We're truly going to make changes there. There are not going to be any
more twenty-five thousand dollar ($25,000) expenditures on tickets; no thousands of dollars
expenditures on meals and fine wines; no tens of thousands of dollars of expenditures for
projects outside of the City of Miami. And, you know, that's one of the things that really upset
me the most, when I finally was able to get into where the monies were going to, that here, we
have our own kids in the City of Miami, in all of our neighborhoods. Every single one of our
neighborhoods has kids in need. And here was our own Sports Authority spending tens of
thousands of dollars in Perrine in youth activities over there. Now, I was ashamed when I ran
into that.
Commissioner Dawkins: Mr. Carollo, let the records reflect that we - me and J.L. Plummer - did
not put you there. You got there because Victor De Yurre had it, and J.L. Plummer and I did not
want it, so it was dropped on you.
Vice Mayor Gort: OK.
Commissioner Carollo: Next time you guys don't want something, I'll get the message. I'll
pass.
Vice Mayor Gort: OK. Is there any further discussion on this item?
Commissioner Carollo:
first and second reading.
Let me read the ordinance into the record, if I may? This will be the
Commissioner Plummer: I haven't seen it. Do we have a copy?
Vice Mayor Gort: We don't got a copy.
Commissioner Dawkins: Yeah, don't nobody got a copy of it. I don't need one.
Commissioner Carollo: Let's me... I think Christina has them there.
Mr. Jones: Commissioner, do you want me to read it or you want...
Commissioner Carollo: Could you read it? I would appreciate it if you would.
Mr. Jones: I don't have a copy of it.
Ms. Christina Cuervo (Assistant City Manager): The Commissioner told me not to give those
out.
NOTE FOR THE RECORD: At this point, the City Attorney read
the ordinance into the record.
Commissioner Plummer: All right. There's nothing in here about the budget.
36 May 23, 1996
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Commissioner Carollo: We're going to take that right after.
Commissioner Dawkins: He said they were two separate items.
Commissioner Carollo: See, the budget's going to be a resolution, J.L., not an ordinance.
Commissioner Plummer: Oh, OK.
i
Mr. Jones: Yeah.
i
Commissioner Plummer: That's fine.
i Mr. Jones: Subsection...
{I
f Commissioner Plummer: Well, it's also subject to September.
Mr. Jones: Yeah.
! Mr. Odio: And I will incorporate it in the City budget with your approval
f
NOTE FOR THE RECORD: At this point, the City Attorney
continued to read the or mance into the record.
i Vice Mayor Gort: OK.
Commissioner Carollo: I so move.
Vice Mayor Gort: It's been moved. Is there a second?
i
Commissioner Plummer: Second.
Vice Mayor Gort: Second.
I
Commissioner Plummer: Does this mean I don't get valet parking anymore?
i
Vice Mayor Gort: Any further discussion? Call the roll.
fCommissioner Carollo: VIP, Commissioner, not valet. You always parked your own car there.
Commissioner Plummer: I've never been there, so I don't know.
L
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37 May 23, 1996
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 52.6-3 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY AMENDING
THE MEMBERSHIP PROVISIONS APPLICABLE TO THE MIAMI SPORTS
AND EXHIBITION AUTHORITY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Carollo and seconded by Commissioner Plummer, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Whereupon the Commission on motion of Commissioner Carollo and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11362.
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 Carollo: Now, on the Sports Authority, we got more items for you, unfortunately.
The budget is the next one. It's a resolution that the budget for the Sports and Exhibition
Authority of the City of Miami, for the next fiscal year beginning October 1, 1996, be limited to
a hundred and fifty thousand dollars ($150,000).
Commissioner Plummer: Second.
Vice Mayor Gort: It's been moved and seconded. Discussion.
Commissioner Carollo: I think we had it all already.
Vice Mayor Gort: OK. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
38 May 23, 1996
Vice Mayor Gort: OK.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-309
A RESOLUTION SETTING THE MIAMI SPORTS AND EXHIBITION AUTHORITY
BUDGET FOR FISCAL YEAR 1996-1997 AT AN AMOUNT TO NOT EXCEED
$150, 000.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Carollo: One additional item for the Sports Authority. Recently, the City
Attorney was asked to give a legal opinion as far as the executive director and the attorney of the
Sports Authority, and whether they're required to be confirmed or not by this Commission. The
City Attorney issued an opinion that stated that he felt that both the executive director and the
counsel, general counsel of the Sports Authority should be confirmed by a 4/5ths vote of this
Commission. Whether I agree with that ruling or not, he's my City Attorney, and I think that it's
proper for me to bring the names of individuals that have been appointed to those positions. We
recently appointed an executive director on a permanent basis to the Sports and Exhibition
Authority. And he's someone that I think all of you are familiar with, which is Warren Butler.
He served in the City here for many years in Commissioner Dawkins' office, the Manager's
office, the former Mayor's office, and he worked for the Sports Authority, representing the City
of Miami for quite a few years. So I would like to bring his name up to the Commission for
approval.
Commissioner Plummer: I'm glad he's yours. He's not mine.
Mr. Jones: Thanks, J.L. I really appreciate that.
Vice Mayor Gort: All right. This was approved by the board of directors in a meeting?
Commissioner Carollo: That's correct.
t
Vice Mayor Gort: OK.
Commissioner Plummer: Second.
Vice Mayor Gort: There's a motion and a second. Is there any discussion on the motion?
Commissioner Dawkins: Under discussion. His salary is already figured in the hundred and
fifty thousand dollar ($150,000) cap?
39 May 23, 1996
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Commissioner Carollo: It has to be.
Commissioner Dawkins: I mean, I'm asking you.
Commissioner Carollo: It has to be, Commissioner. You cannot go above that. When we say a
hundred and fifty thousand ($150,000) cap...
Commissioner Dawkins: OK. That's all right. OK.
Commissioner Carollo: ... we mean a hundred and fifty thousand ($150,000) cap.
Commissioner Dawkins: No further discussion. Call the roll, Mr. Mayor - Vice Mayor.
The following motion and resolution were introduced by Commissioner Carollo, who moved
their adoption:
MOTION NO. 96-310
A MOTION CONFIRMING SECTIONS 52.6-5 AND 52.6-8 OF THE CITY OF MIAMI
CODE, REQUIRING THAT THE EXECUTIVE DIRECTOR AND GENERAL
COUNSEL OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY SHALL BE
APPROVED BY A 4/5THS VOTE OF THE CITY OF MIAMI COMMISSION.
RESOLUTION NO. 96-310.1
A RESOLUTION, CONFIRMING, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION, THE APPOINTMENT OF
WARREN BUTLER AS EXECUTIVE DIRECTOR OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Carollo: Now, one last item.
Vice Mayor Gort: Wait a minute. We need... OK, go ahead.
Commissioner Dawkins: Yeah, 4/5ths.
Vice Mayor Gort: Go ahead, yes.
40
May 23, 1996
Commissioner Carollo: Yeah, 4/5ths.
Commissioner Dawkins: Second roll call.
Commissioner Carollo: No, there's no second on this, just one.
Commissioner Dawkins: OK, OK, go ahead.
Mr. Walter Foeman (City Clerk): It's a resolution.
Commissioner Carollo: The last item has to do with the interim general counsel of the Sports
Authority. We all know that - some more than others, unfortunately - that he has been there for
over three months working. There was no ruling made on that yet, and even though he's going
to be there for the very short time that's left, I think it's also proper that this Commission gives
its approval for the time that he's served there. This is referring to Joe Portuondo.
Vice Mayor Gort: Commissioner...
Commissioner Dawkins: Question.
Commissioner Carollo: Yes, Commissioner.
Commissioner Dawkins: Will his compensation be figured in the hundred and fifty thousand
dollars ($150,000)?
Commissioner Carollo: No, Commissioner, because he will not be around after October 1st.
Commissioner Dawkins: Well, whatever time - money - he's paid, will it be figured in the
hundred and fifty thousand dollars ($150,000)?
Commissioner Carollo: Well, whomever the counsel for the Sports Authority might be then, it
has to be figured out in the hundred and fifty thousand.
Commissioner Dawkins: No, no, it cannot, Joe, because we have contracted with him, and this
contract...
Commissioner Carollo: No.
Commissioner Dawkins: Wait a minute, now.
Commissioner Carollo: Yeah.
Commissioner Dawkins: This Commission has authorized him to be used. So this Commission
is...
Commissioner Carollo: No. The Sports Authority did that.
Commissioner Plummer: We have not done it yet.
Vice Mayor Gort: Excuse me. Excuse me.
Commissioner Dawkins: Huh?
Commissioner Plummer: We have not authorized him to be used yet.
41 May 23, 1996
Commissioner Carollo: No.
Commissioner Plummer: But we're going to,
Commissioner Carollo: The Sports Authority did that.
Commissioner Dawkins: Oh, the Sports Authority authorized him.
Commissioner Carollo: Yeah.
Commissioner Plummer: That's correct.
Commissioner Carollo: Right, that's correct.
Commissioner Dawkins: OK. Go ahead. All right. No further questions. Go ahead.
Commissioner Plummer: Well, let's just get the record clear.
Commissioner Carollo: Yeah.
Commissioner Plummer: My understanding is the hundred and fifty thousand dollar cap does
not kick in and become effective until October the 1st.
Commissioner Carollo: It can't, Commissioner. By law, it can't.
Commissioner Plummer: You're operating on this year's budget, and this fee by this lawyer will
come out of this year's budget.
Commissioner Carollo: That's correct. That's correct, Commissioner.
Vice Mayor Gort: OK. Is there any further discussion? Was there a second?
Commissioner Plummer: Second.
Vice Mayor Gort: Seconded.
Commissioner Plummer: Not that I like it, but we've incurred...
Vice Mayor Gort: Is that a resolution?
Commissioner Plummer: Let me, just for the record, OK? I don't like the idea we have to pay
out a sum of money, but we incurred an expense by the Sports Authority, it was done for a good
reason, to negotiate with the Arena, the Panthers, the Heat and everybody, and I will tell you that
as the negotiator and the Manager, with the City, he - even though we didn't necessarily agree -
he did his job of representing the Sports Authority the way he was hired to do. So we incurred...
Commissioner Carollo: Yeah.
Commissioner Plummer: They incurred these expenses. We have to approve it. We pay it.
Vice Mayor Gort: OK. Call... All in favor, state so by saying "aye."
The Commission Collectively: Aye.
42
May 23, 1996
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-311
A RESOLUTION, CONFIRMING, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION, THE ENGAGEMENT OF
JOSEPH J. PORTUONDO, ESQUIRE, TO SERVE AS INTERIM GENERAL
COUNSEL OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
Commissioner Carollo: Commissioner Plummer, for the record, I thank you for your support,
and particularly for your patience in some past trying moments that we all had, particularly
yourself, during all the different negotiations.
Commissioner Plummer: Well, let me tell you something. Joe, you've done something that I
tried to do and Miller tried to do, and we couldn't get the votes at the time to do it. So as far as
I'm concerned, it's a step ahead of the game. It's something that was long overdue. In my
particular case, doing what I did today is going to make me very unpopular, one way or another,
because I have two appointments, and now, I have to decide between those two appointments
which one I'm going to appoint. But I think in the best interest of this City, the best interest of
the Sports Authority, that five members is what it should be. That's what we are. We handle
three hundred million dollars ($300,000,000) a year. They handle one. And I don't know why
they need any more members than what we have here to make the decisions that are best for the
City.
Mr. Odio: I tell you, if I may.
Vice Mayor Gort: Yes, sir.
Mr. Odio: We should be getting ready, thinking of what Decoma may or may not do, because of
a letter that I received, and you all have copies of.
Commissioner Carollo: Yeah. This is something that... We might as well bring it up now, too,
in this item. And the Manager is absolutely correct. And I tried to get this across at the
Monday's special meeting of the Sports Authority, where there were two of Decoma's attorneys
present. We, again, have been threatened that if we don't sit and negotiate an amount to buy out
their contract, that we are going to be sued. We have been of the opinion that we are right,
legally right in what we have done. And I personally feel that we will win in court if it comes to
any litigation. But the only way that we will be sure of winning in court is if we hire the best
43 May 23, 1996
law firm around, second to none. Because you better believe that if they sue, they're going to
have a tough law firm. If we got fourth or fifth stringers, then, you know, things could possibly
be different. And I think the worst thing that this Commission or the Sports Authority could do
is to send a message of weakness, and of not being together and united in this to Decoma and
Leisure Management. So having said that, what I would like this Commission to do is to instruct
the City Attorney to begin to search for the best litigating firm that he can recommend to us, that
he would start to talk to them and negotiate fees and so on, so that if that time comes, we will be
ready. The other thing that I would like the City Attorney to do is to sit down with whomever
the MSEA (Miami Sports and Exhibition Authority) attorney might be for this remaining fiscal
year so that we could come to a conclusion and this could be discussed by the MSEA Board and
the City Commission, if it would be best for both to have the same law firm, or to have separate
law firms.
Vice Mayor Gort: OK.
Commissioner Plummer: Mr. Gort, on that same subject...
Vice Mayor Gort: Yes.
Commissioner Plummer: Commissioner Carollo, since we have to talk in public, which I have
no problem with, it is my understanding that to renew the lease of the Panthers...
Mr. Odio: They have no lease.
Commissioner Plummer: To renew a lease in the Miami Arena for the next two years has to be
approved by the Sports Authority.
Commissioner Carollo: That's correct, Commissioner.
Commissioner Plummer: The firm that you're talking about that might be instigating a lawsuit
against us is owned 75 percent. So I hope that that will be remembered at such time as
negotiations commence to give a two-year extension.
Commissioner Carollo: Not only that, Commissioner, but Leisure Management, which has the
contract to manage the Arena is owned about 50 percent, and it's my understanding that Leisure
Management is the firm that appears in contracts between the Panthers and Broward County to
manage the new arena.
Commissioner Plummer: Let's move on.
Vice Mayor Gort: OK.
NOTE FOR THE RECORD: Commissioner Dawkins exits the
Commission chamber at 10:18 a.m.
44 May 23, 1996
----------------------------------------------------------------------------------------------------------------
8. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE PURCHASE OF HOSTAGE
NEGOTIATOR THROW PHONE SYSTEM -- FROM RESCUE PHONE,
INC. -- FOR POLICE DEPARTMENT'S HOSTAGE NEGOTIATING TEAM
ALLOCATE FUNDS ($5,995).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 7.
Commissioner Plummer: Move it.
Mr. Manuel Gonzalez- Goenaga: Public hearing?
Vice Mayor Gort: Yes, sir. Just a minute. Is there a second?
Commissioner Carollo: There is a second for item 7.
Vice Mayor Gort: Discussion?
Captain Joseph Longueira (Deputy Commander, Police Support Services): Commissioner.
Vice Mayor Gort: Yes, sir.
Captain Longueira: If we could wait till Commissioner Dawkins returns, I need a 4/5ths.
Vice Mayor Gort: We need 4/5ths.
Commissioner Carollo: Manny, I assure you, this is not for you.
Mr. Gonzalez- Goenaga: Well, I have my comments.
Vice Mayor Gort: Yes, sir.
Commissioner Carollo: I don't mean comments. I'm saying, this is not being... We are not
buying this for you.
Mr. Gonzalez-Goenaga: Who knows?
Vice Mayor Gort: Yes, sir. Captain.
NOTE FOR THE RECORD: Commissioner Dawkins enters the
Commission chamber at 10:20 a.m.
Captain Longueira: We're ready now.
Commissioner Plummer: Move it.
45 May 23, 1996
Vice Mayor Gort: It's been moved and seconded. Is there any discussion? Yes, sir.
Commissioner Dawkins: No, I feel that it's overdue. I've been in two hostage situations where
they have been negotiating and one of the places, the guy had the windows closed and the air
conditioner on. And if they had not had a phone to talk with him... I mean, if the phone line had
been cut, we would have lost - the guy finally came out - we wouldn't have been able to talk to
him. So I think it's long overdue. Call the roll.
Mr. Gonzalez-Goenaga: Well, I would like to suggest to this Commission...
Commissioner Plummer: Excuse me. Mr. Clerk, if you paid the money for that clock, would
you start it running, please.
Mr. Gonzalez-Goenaga: Of course.
Vice Mayor Gort: Go ahead.
Mr. Gonzalez-Goenaga: That in the Dade County Commission meetings, before you go into
discussions, you hear the public. And I hope that the same thing is done here. That's the
democracy. Well, anyway, let me tell you, I have a bull horn that only cost twenty-seven dollars
($27), and I am a damn good negotiator. The problem is not the material. The problem is the
sensitivity of the police. I don't care. You might... The more communications that you have, if
you don't have a smart guy with sensible education... And let me tell you, I can give you an
example. I was in Puerto Rico now, and I was to the family farm, and I was stopped by a crack
dealer. Ile wanted to assault me. And when I told him my name, you know what he said? "Go
ahead, your grandfather gave the family the house where we live." Thank you very much.
Commissioner Dawkins: Mr. Manager...
Mr. Gonzalez-Goenaga: It's a matter of ethics, and morality, and integrity. Not mafioso people
around town.
Commissioner Dawkins: Mr. Mayor.
Vice Mayor Gort: Yes, sir.
Commissioner Dawkins: You know, Mr. Gonzalez "Boom -Boom" is correct. A megaphone...
Commissioner Plummer: No, no. He's no longer "Boom -Boom." It's now "Broom -Broom."
Commissioner Dawkins: OK. He is right, in that you could perhaps use a megaphone or a
loudspeaker. But having been there, and under the circumstances, it's a personal relationship
between the individual involved and the police, and the police are so sensitive to this until they
rotate the negotiators every five or ten minutes, so that even if there is irritation with the officer,
it doesn't come through to the person that they're negotiating with. So there's an art to it, and in
my opinion, I suggest we leave it to the experts.
Commissioner Plummer: We'll do it if you be quiet.
Vice Mayor Gort: OK. Any further discussion? Being none, call the roll.
Commissioner Plummer: It's a resolution.
46
May 23, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-312
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 REQUIREMENTS
FOR COMPETITIVE SEALED BIDS, AND APPROVING THE PURCHASE, FOR
THE DEPARTMENT OF POLICE, OF A HOSTAGE NEGOTIATOR THROW
PHONE SYSTEM FROM RESCUE PHONE, INC. TO BE USED BY THE MIAMI
} POLICE DEPARTMENT'S HOSTAGE NEGOTIATING TEAM, AT A TOTAL.
PROPOSED COST NOT TO EXCEED $5,995.00; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING
BUDGET, INDEX CODE 290201-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
I NAYS: None.
I
ABSENT: Mayor Stephen P. Clark
Vice Mayor Gort: Thank you.
----------------------------------------------------------------------------------------------------------------
9. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE ENGAGEMENT OF
MOTOROLA, INC. -- FOR UPGRADING CITY'S 800 MHZ SMARTNET
INTERFACE MANAGEMENT SYSTEM -- FOR GSA DEPT. /
COMMUNICATION SERVICES DIVISION -- ALLOCATE FUNDS
($100, 000).
----------------------------------------------------------------------------------------------------------------
1
Vice Mayor Gort: Item 8. Smartnet Interface System.
Commissioner Plummer: Huh?
Vice Mayor Gort: Wait a minute. Let's hear from the public. Yes, sir.
i
Mr. Manuel Gonzalez-Goenaga: Yes. Unfortunately, I'd love to see more people around,
because I... definitely, I am a member of the public, but I cannot fight this war alone. Here we
47 May 23, 1996
go again, basically the same things that I have heard here, many times, a lot of Motorola, a lot of
constantly, constantly spending more money. And I don't know if we have a whole integrated
system, overall, with Metro -Dade and everybody. And then, if it is for management system,
what... The machines don't give a damn if we don't have smart management. Let's face it. I
mean, we have to go to basics, to the human beings that are never considered here. What we
have in the City of Miami are merchants of deception, starting from the City Manager down.
Commissioner Dawkins: Mr. Vice Mayor.
Vice Mayor Gort: Yes, sir.
Commissioner Dawkins: This says 4/5ths vote. That's for an emergency. Can it be passed with
three votes on the first reading?
Captain Joseph Longueira (Deputy Commander, Police Support Services): This is a sole source,
Commissioner.
Vice Mayor Gort: It's a sole source.
Commissioner Dawkins: OK. See, I have... I've been saying, ever since I've been here, that I
get fed up with Motorola. I don't care what we buy, it's Motorola. Now, those... J.L. Plummer
has heard me say it, Carollo heard me say it before, when he was here before. Now, unless
somebody can convince me that the next something you all do will be outside of Motorola, then
you don't have me.
Mr. Cesar Odio (City Manager): Commissioner, may I...
Commissioner Dawkins: Yes, sir, Mr. Manager.
Mr. Odio: I want you to know, I'm not a believer that Motorola is the best system. When we,
way back, invested in the 800 megahertz system, which, by the way, the City of Miami was the
first City, probably, in the country that went to the 800 megahertz system.
Commissioner Plummer: No, we were the first.
Mr. Odio: We were the first. It is now... And they don't even have any...
Commissioner Dawkins: At J.L. Plummer's insistence.
Mr. Odio: By the way, they don't even have it in Puerto Rico. They don't know what that is. In
the United States, we were the first. The State of Florida is just now going into the 800
megahertz system, trying to integrate with us. The County went to General Electric, and they're
having serious problems. So we are... Since we have a huge investment in the 800 megahertz,
that's why we have to... we have no choice but to continue upgrading so that we can have more
capacity. That's all we're doing here now.
Commissioner Plummer: Well, Mr. Manager, the problem, and you've heard me say this, that
I...
Mr. Odio: But it's only a safety issue also.
Commissioner Plummer: ... I get fed up with sole source. But in this particular case, unless you
replace your entire network... You can't go to a Chrysler dealer and ask for Ford parts. And
that's just simply there. Now, if you want to buy a Chrysler, and you'll have Chrysler parts, then
48 May 23, 1996
you'll have another built-in sole source. Basically, the way this stuff is designed, Sony parts
don't work in General Electric, and Magnavox doesn't work in Sony, and it's... You know, Toys
'R Us this morning says they got the only Barbie doll that works. And that's the problem. I
mean, it... You know, let's call it like it is. We're locked in.
Commissioner Dawkins: But I don't....
Commissioner Plummer: And unless you want to change the whole damn system...
Commissioner Dawkins: I do not have a problem with that, because that's the same thing I've
told you from day one, that you continue to deal with Motorola, and you're at their mercy. Now,
I've been here 15 years, and for 15 years, I've been telling you, try to find something other than
Motorola.
Commissioner Plummer: I agree.
Commissioner Dawkins: And then you keep telling me Motorola is it.
Mr. Odio: Commissioner, may I do something for you? I think...
Commissioner Dawkins: Yes, sir, Mr. Manager.
Mr. Odio: ... you're entitled. I'm going to have the Motorola people come and visit and explain
to you the system.
Commissioner Dawkins: No, no. You see, that's what I... That's what I pay you for. OK?
That's what I pay you for, and to come back and advise me, and I...
Mr. Odio: We're stuck with it.
Commissioner Dawkins: And I... And I accept your advice or recommendation. But there
again, when you all have five... I'll get to that later. Go ahead.
Mr. Odio: OK. Thanks.
Vice Mayor Gort: OK.
Commissioner Dawkins: And what... OK.
Vice Mayor Gort: Roll call.
Commissioner Dawkins: Let me ask the Manager. OK.
Vice Mayor Gort: Yes, Commissioner Dawkins.
Commissioner Dawkins: The Manager... You say you must have this.
Mr. Odio: It's a safety issue, is what I'm told by the Police Department.
Commissioner Dawkins: No, now, wait, now, wait.
Mr. Odio: We have to have it, Commissioner, please.
Commissioner Dawkins: I need that on the record from you. You must have this.
49 May 23, 1996
Mr. Odio: Yes, sir. Yes, sir.
Commissioner Dawkins: OK. Call the roll.
Vice Mayor Gort: OK? Mariano, was there something missing?
Mr. Mariano Cruz: No, no, no. I'll be on the next item.
Vice Mayor Gort: Call the roll.
Mr. Walter Foeman (City Clerk): Commissioner Plummer walked out.
Commissioner Carollo: J.L., we need you.
Commissioner Plummer: I'm here. I'm here.
Commissioner Carollo: There's a motion and a second?
Vice Mayor Gort: Yes. Roll call.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-313
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVING THE ENGAGEMENT OF MOTOROLA, INC.,
FOR UPGRADING THE CITY'S 800 MHZ SMARTNET INTERFACE
MANAGEMENT SYSTEM, AT A PROPOSED COST OF $100,000, FOR THE
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/COMMUNICATION SERVICES DIVISION; ALLOCATING
FUNDS THEREFOR FROM AN ACCOUNT TO BE IDENTIFIED BY THE
DIRECTOR OF THE DEPARTMENT OF FINANCE; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
50
May 23, 1996
----------------------------------------------------------------------------------------------------------------
10. RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE COMPETITIVE
SEALED BIDS -- ACCEPT INFORMAL, BID ($263,991.43): AMERICAN
LIGHTING AND SIGNALIZATION, INC. -- FOR PROJECT: ORANGE
BOWL MODERNIZATION PHASE III, FIELD LIGHTING REPLACEMENT,
B-6260 -- ALLOCATE FUNDS ($303,590.15, INCLUDING ESTIMATED
EXPENSES) FROM CIP 404240 AND ORANGE BOWL OPERATING
BUDGET.
Vice Mayor Gort: Item 9. Orange Bowl modernization.
Commissioner Plummer: Move it.
Commissioner Carollo: Second. Second.
Commissioner Dawkins: I'm voting no.
Vice Mayor Gort: Phase III, field lighting replacement. Let's hear from the public. It's been
moved and seconded.
Mr. Cesar Odio (City Manager): By the way, I want you...
Commissioner Dawkins: I'm voting no.
Mr. Odio: There was a test done, and the Orange Bowl has the best light system now that we
have ever had. It's great. We are ready for the... We'll be ready for the Olympics.
Commissioner Dawkins: The only problem I have, again, is every time I look, it's something for
the Orange Bowl. It's the fence, it's the sod, now it's the lighting. OK?
Mr. Odio: Yes, sir. We had to...
Commissioner Dawkins: I mean, and... But there's no money for nothing else. We're broke.
But we still find money for the Orange Bowl.
Mr. Odio: You approved this before. This is just bringing it back. You had approved this in a
prior Commission.
Commissioner Dawkins: Well, if I approved it, why is it a 4/5ths emergency, if it was approved?
Mr. Odio: Because we had to ratify the findings that an emergency need existed, that we...
Because of the timetable we have with the Olympics, and we have a game on May 29th at the
Orange Bowl, that if we have 50,000 tickets sold, then we had to have the lights ready for them.
Commissioner Dawkins: But we knew the day we signed a contract with the people to play
soccer in the Orange Bowl that the lighting was inadequate.
Commissioner Plummer: We didn't know that. We didn't know that.
Commissioner Dawkins: We knew at that time. Now, we had from then until now to have
corrected it.
51 May 23, 1996
Mr. Odio: What happened is that...
Commissioner Dawkins: But now, we didn't correct it, so you come up here and you say this is
an emergency, and if Miller Dawkins votes against it and it doesn't get done, then the
community says, Miller Dawkins is against the soccer, and Miller Dawkins is against the
Olympics, and therefore, Miller Dawkins is a bad guy.
Commissioner Plummer: I agree.
Commissioner Dawkins: With all or some? With all or some?
Mr. Odio: No, no. I don't. I don't. I had promised that I would not have so many emergencies,
but we have only one meeting and...
Commissioner Dawkins: Go ahead, Mr. Manager.
Commissioner Carollo: Well, look. What Commissioner Dawkins has said is right. I agree with
him. Now, we can't run business like this. At the same time, I understand that Christina Abrams
is new, she's come on board in that position recently. And a lot of maybe what's been
happening might be because we didn't have people running that particular area of the City. We
were short of management there. Commissioner, I'll abide by whatever you would want. It
requires a 4/5ths vote, but I won't leave you hanging alone. But, you know, this is something,
maybe, that you might want to reconsider, bring it back in the afternoon, if you want, or...
Commissioner Dawkins: No, no, Mr. Manager... Mr. Carollo, you know, you raised a point
that... that's acceptable. And the Manager says we need this. And like I said, if, for any reason,
the light bulbs fall out, they're going to say Miller Dawkins did it. So I'm going to say today,
yes, I'm going to vote for this, and when the light bulb falls out, it won't be because I didn't vote
for this.
Commissioner Plummer: Blame it on me.
Commissioner Dawkins: OK. No problem. Go ahead.
Commissioner Carollo: Let's just make sure we're not under that light bulb when it comes
down. OK?
Commissioner Plummer: I got broad shoulders.
Vice Mayor Gort: OK. Let's hear from Mariano. Go ahead.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street for the last 28 years, and 30 years
in Allapattah.
Vice Mayor Gort: Me, too.
Mr. Cruz: Right. In a way, it bothers me that I come here, and I see item 9, three hundred and
three thousand five -ninety, fifteen cents ($303,590.15). And then you... for the Orange Bowl.
Then you go to item 19, five hundred and twelve thousand three-o- four- forty, for the Orange
Bowl. Then you go to item 67, one sixty-six thousand five hundred and eighty-four dollars
($166,584), for a grand total of nine hundred and eighty-two thousand four hundred and seventy
eight cent (sic) and fifty-five cent... I mean and seventy-eight dollars and fifty-five cent
($982,478.55). Really. And then I come here, I don't see anything in the few years back there
52 May 23, 1996
for Bobby Maduro Stadium, or anything. And now, they get money that's supposed to be used,
because I bet they put the claim on the FEMA (Federal Emergency Management Agency)
people, Andrew. And you go there, and you see the messes there, and the people living still in
the aluminum cities there. And the last time when the City Manager was there was when they...
1988 when... what winter when the Nicaraguan refugees and the homeless thing. And they...
What did we inherit from there? Vacant homes, because everybody went home, they never stay
there. Because you know what happened? It was a good, sound building, two minutes in the
prime time, and that was it for them. Forget about Allapattah. And now, the same thing.
Because here, when the Arena was made, they took money that was supposed to go to the Arena,
and that's the reason that we don't have it, up to the arena, and they used it for the convention
hall, and nothing for Bobby Maduro Stadium. How come there is no money used for there, and
let it die? Before, there used to be City offices there, right there at the building. I remember.
The taxi business used to be there. There used to be Everything was in
that building.
Commissioner Carollo: Mariano, I agree with what you're saying, but just be a little more
patient. I think you're going to see...
Mr. Cruz: For how long?
Commissioner Carollo: Just a little more. Little more. OK?
Mr. Cruz: I know. I see you now talking, sounding like me the other day. Hey, that's me
talking there about the parks and the children?
Commissioner Carollo: Well, be a little more patient. But, you know, I know that you've seen
some significant expenses at the Orange Bowl. Let me explain to you...
Mr. Cruz: No, I know about that. You mentioned about "camarones, langosta, filetes."
Commissioner Carollo: Well but...
Mr. Cruz: And people waiting for...
Commissioner Carollo: Well, that's stopped, you know. Like I said, the gravy train stopped a
little.
Mr. Cruz: I know.
Commissioner Carollo: But we're right now... and maybe this is the time to say it, because I
think we need to, you know, explain to the public why we're making some of these expenditures.
Mr. Cruz: Right.
Commissioner Carollo: This goes beyond the Olympic soccer games that we're having here this
summer, eleven of them. This goes beyond the University of Miami Hurricanes that we're very
proud to still have playing in the Orange Bowl. But...
Mr. Cruz: I go there to the games myself.
Commissioner Carollo: Of course. But it goes to the point that we are very close, extremely
close, on the verge of acquiring a national soccer franchise, for having a professional soccer
team in the Orange Bowl. And we want to make sure that we're going to get that franchise, and
we're doing our best and we need to have a good showing, not only for the Olympic Soccer,
53 May 23, 1996
which, unfortunately, other people got involved in. Often people spent a lot of money that we
had for marketing and other things, but nevertheless, we're in a position now that we have to
come in as a City and try to save this situation so that we're not embarrassed and that the
National Soccer League doesn't look at Miami and say, "Gee, they can't even put 5,000 people
in the stadium for Olympic Soccer." But I assure you that the money is going to a good
expenditure.
Mr. Cruz: OK. No...
Commissioner Carollo: And the Orange Bowl is not going to be torn down, and it's going to
have a lot more life in years to come. In fact, you know, I was proud for once that... You hear
so many negative things all the time, and yesterday, I had the opportunity to be meeting with one
of the potential people that will be bringing this franchise down here, and others, and other
sports, and, you know, I felt great when he started talking of just how a good a shape the Orange
Bowl is in, and how proud he was at what he was seeing. And you know, when you...
Mr. Cruz: I like it better than Joe Robbie, yeah.
Commissioner Carollo: When you hear things like that, at least it makes you feel good that
you're hearing something positive about Miami for once. The Orange Bowl is going to have a
future, and we're going to have sports there. In fact, there are other teams that are waiting in line
for the Arena that we have here.
Mr. Cruz: Yeah. Now, one thing...
Mr. Odio: Commissioner...
Vice Mayor Gort: Mariano.
Mr. Cruz: To finish, let me ask you... say one thing. I didn't vote for you. My wife vote for
you. And I'm following closely what you're doing. I know , and
Portuondo, the problem with the Arena. I read the paper...
Commissioner Carollo: Mariano, sorry, I take it all back. Bring your wife up.
Mr. Cruz: Yeah, your vote.
Mr. Odio: Commissioner Carollo...
Mr. Cruz: So we cancel each other then.
Mr. Odio: For the record, Commissioner Gort, the Orange Bowl is paying for all these expenses
out of their own budget, out of their profits.
Vice Mayor Gort: It's my understanding, though, they're coming from the general funds.
Commissioner Carollo: Except for the three hundred and ninety that we had given before. But
all this...
Mr. Odio: Except for that, that came from...
Commissioner Carollo: Yeah, is coming from the Orange Bowl.
Mr. Odio: Everything is coming from the Orange Bowl.
54 May 23, 1996
Commissioner Carollo: Yeah.
Vice Mayor Gort: Yes, sir, go ahead.
Mr. Manuel Gonzalez-Goenaga: Yes. This is a matter... I'm glad, Mr. Carollo, that you're
keeping the shareholders of these of the City, the owners of the City informed. And I just want,
after hearing your explanation, I just want to have a clarification. The New Times dethroned me
as the gadfly of the year, in favor of Mr. Mariano Cruz. And since I believe in full democracy, I
congratulate him. Old soldiers, remember, never die. They just fade away.
Mr.Odio: When?
Vice Mayor Gort: Thank you.
Mr. Gonzalez-Goenaga: Could I answer that one? After I dethrone Cesar.
Vice Mayor Gort: Go ahead, sir.
Commissioner Plummer: That's all right, Manny, don't worry. I'll give you a gift certificate
from my brother.
Vice Mayor Gort: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-314
A RESOLUTION BY A 4/5TH AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
THAT AN EMERGENCY NEED EXISTED, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND ACCEPTING THE INFORMAL BID OF
AMERICAN LIGHTING AND SIGNALIZATION, INC., FOR THE PROJECT
ENTITLED: ORANGE BOWL MODERNIZATION PHASE III, FIELD LIGHTING
REPLACEMENT, B-3260 , IN THE AMOUNT OF $263,991.43; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, FISCAL
YEAR 1995-1996, PROJECT 404240 AND ORANGE BOWL OPERATING BUDGET,
INDEX CODE 350503-840, TO COVER THE CONTRACT COST OF $263,991.43
AND $39,598.72 TO COVER ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $303,590.15; FURTHER RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S EXECUTION OF THE NECESSARY
DOCUMENTS FOR THIS PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
May 23, 1996
r
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
11. (A) RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE PURCHASE OF PARTS
/ SERVICES FOR SOLID WASTE WARRIOR CRANES -- FROM
CAMERON EQUIPMENT CORPORATION -- FOR DEPT. OF GSA I
SOLID WASTE, VEHICLE EQUIPMENT ADMINISTRATION --
ALLOCATE FUNDS ($50,000).
(B) DIRECT ADMINISTRATION TO HIRE CIVILIANS TO OPERATE
POLICE MOTOR POOL -- MAINTAIN STOCK OF PARTS FOR
PROMPT SERVICE.
(C) DIRECT MANAGER TO PROVIDE COMMISSION WITH
NARRATIVE OF COURSES POLICE OFFICERS TAKE FOR
SUPERVISION OF AUTOMOBILE REPAIR STAFF -- COMPARE
PRIVATE SECTOR METHODS OF DEALING WITH THIS ISSUE.
Vice Mayor Gort: Item 10.
Commissioner Plummer: Move it.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Dawkins: Item 10. It's deferred?
Mr. Cesar Odio (City Manager): No.
Commissioner Plummer: You want to defer it?
Commissioner Dawkins: No.
Mr. Odio: No, sir, we didn't...
Commissioner Plummer: I moved it.
Vice Mayor Gort: J.L. moved it. Is there a second?
Mr. Odio: This is our trash pickup, Commissioner.
Vice Mayor Gort: This is Solid Waste, the Warrior cranes, parts and.
56 May 23, 1996
Commissioner Plummer: Call the roll.
Mr. Ron Williams (Assistant City Manager): It's for parts and services.
Vice Mayor Gort: Right.
Commissioner Dawkins: OK. Under dis... OK. Under discussion.
Vice Mayor Gort: Yes, sir.
Commissioner Dawkins: This is to repair present equipment.
Mr. Williams: Yes, sir.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Why... And we also went outside the department and contracted out
services in your department.
Mr. Williams: We did not contract out services. We did make arrangements to collect... to have
outside firms collect commercial accounts, for which they're paying us a fee.
Commissioner Dawkins: No, no, no. Wait a minute.
Mr. Odio: No, no.
Commissioner Dawkins: No, no, no. For the motor pool, what have you, you went out and
contracted out for repairs over there in that unit.
Mr. Williams: Not for cranes, Commissioner.
Commissioner Plummer: Cars.
Mr. Odio: When we bought the police cars, sir, they come with a service now. We're sending
the... for five hundred dollars ($500) a year, that's what we did, and also for body work. I
believe we contracted out for body work on police cars. We did that.
Mr. Williams: That's correct. Commissioner, these are specific... This is...
Commissioner Dawkins: So how many people do you employ to make repairs to this heavy
equipment?
Mr. Williams: We have six mechanics, probably one person in the stock area, we have two
more...
Commissioner Dawkins: Wait a minute. Either you have one or you don't. Don't tell me
"probably." Either you have one or you do not.
Mr. Williams: We have one, yes.
Commissioner Dawkins: Thank you, sir. Go ahead.
Mr. Williams: And we have a super... a foreman. These cranes specifically...
57 May 23, 1996
r
Commissioner Dawkins: How many people do you have?
Mr. Williams: Totally?
Commissioner Dawkins: Yes, sir.
Mr. Williams: Totally, 12.
Commissioner Dawkins: You got 12 people to maintain how many vehicles?
Mr. Williams: These particular cranes are... seven... we have 22...
Commissioner Dawkins: Mr. Williams, Mr. Williams, Mr. Williams, you have a crane. The
crane picks up the stuff and puts it on a truck.
Mr. Williams: That's correct.
Commissioner Dawkins: So therefore, if I say "maintain the equipment," I mean maintain the
crane and the truck that the crane puts the equipment on.
Mr. Williams: OK. Let me give...
Commissioner Dawkins: Now, how many pieces of equipment do you have that must be
maintained?
Mr. Williams: We have 25 cranes.
Commissioner Dawkins: OK.
Mr. Williams: We have 42 rubbish trucks.
Commissioner Dawkins: So 25 and 42 gives us 67.
Mr. Williams: That's right.
Commissioner Dawkins: All right. Now, what about the pickup trucks, the hand truck?
Mr. Williams: We don't pick up... maintain the pickup trucks.
Commissioner Dawkins: All right. Well, how many pickup trucks you got?
Commissioner Plummer: None.
Mr. Williams: We don't maintain the pickup trucks here. So we have zero pickup trucks.
Commissioner Dawkins: Who maintains them?
Mr. Williams: That's the motor pool side of it, Police Department.
Commissioner Dawkins: Police Department?
Mr. Williams: Yes.
58 May 23, 1996
Commissioner Dawkins: So the Police Department maintains Solid Waste's garbage pickup
trucks?
Mr. Williams: The pickup trucks, yes, sir.
Commissioner Plummer: That was done without our knowledge.
Commissioner Dawkins: Why would the Police Department use police funds to maintain Solid
Waste equipment, when you have budgeted money in the Solid Waste budget to maintain Solid
Waste's equipment?
Mr. Williams: At this point, it's not in the Police Department. It is in the same single budget
that was in the fleet management, meaning light and heavy equipment, in this fiscal year. We
will look at, in the budget we will present to you for next year, how to divide that. But at this
point, it is not police budget.
Commissioner Dawkins: OK. Well, where is the maintenance being done on the pickup trucks?
Mr. Williams: The motor pool and the Police Department is managing that repair effort.
Commissioner Dawkins: All right. How do you make a budget transfer from Solid Waste to the
Police Department to pay whoever did the repairs?
Mr. Williams: That's being handled through journal entry. We've sat with the Finance
Department and divided as to how that works.
Commissioner Dawkins: From what account do you make a journal entry from one entry to
another account so that you budget one, debit the other, and at the bottom of the profit and loss
sheet, it washes out where?
Mr. Williams: With the budget that was appropriated for fleet management services this year by
the Commission.
Commissioner Dawkins: But it was budgeted... OK. Well, see...
Mr. Odio: Commissioner, may I, sir?
Commissioner Dawkins: Yes, sir. Go ahead, Mr. Manager.
Mr. Odio: The Solid Waste Department never had maintenance money. It was an interagency
account that it was under motor pool. And what we do is, all the motor pool fixes all the
equipment in the City and it's one charge there against... we spread out against all the
departments in the City through the budget, which is a very complicated project, which we are
trying to...
Commissioner Dawkins: See, that's my problem.
Mr. Odio: We're trying to simplify that.
Commissioner Dawkins: It does not have to be complicated.
Mr. Odio: It does not, and we're trying to simplify it.
Commissioner Dawkins: But when you complicate it, I can't follow it, so you can move money
and hide money, shift money around, and use money like you want, and I can't follow it.
59 May 23, 1996
i
i
i Mr. Odio: No, you are right. See, that's why...
Commissioner Dawkins: That's right. I know I'm right, see.
I
Mr. Odio: That's why we are trying to change it.
Commissioner Dawkins: And that's what I've been complaining about, see.
Mr. Odio: That's why we are trying to change it so that the...
Commissioner Dawkins: No, no. I've been trying... Yeah, well, you're a better man than me,
because I've been trying to change it for eight years.
` Mr. Odio: You're right. It's an accounting in public administration that they...
Commissioner Dawkins: It's not accounting... No, no, no. It's plain accounting that you learn
in college in accounting 101.
ii Mr. Odio: That's right. But...
I Commissioner Dawkins: You debit, you credit, and the balance sheet has to iron out, or you go
back and find out what you debited or credited wrong. That's plain...
Mr. Odio: What they have...
I Commissioner Dawkins: ... plain accounting 101.
! Mr. Odio: Right. What they have had here for years, Commissioner, is that they had the GSA
I budget, and the GSA budget then was spread out through a chart to all the City departments.
There was no accountability, therefore, for the highest user, for instance...
Commissioner Dawkins: How long was that going on before you decided it had to be
accountable?
Mr. Odio: I've been trying to change that now for the last ten years.
i
Mr. Williams: At least. We're talking about...
Mr. Odio: And for the last ten years...
Commissioner Dawkins: And it took you ten years to correct a simple accounting procedure like
i this.
Mr. Odio: No, it was not an accounting procedure. It was actually who had the responsibility
for the equipment. And the highest user should be responsible. That's why we told the Police
Department, "You have been complaining about maintenance, therefore, you are going to take
care of the maintenance."
Commissioner Dawkins: OK. You got 67 pieces of equipment.
Mr. Odio: Yes, sir. That's separate...
Commissioner Dawkins: And you got 12 men to maintain them. Is that what you're saying, Mr.
Manager?
60 May 23, 1996
Mr.Odio: Yes.
Commissioner Dawkins: OK. Now, multiply 12 men into 67 pieces of equipment and tell me
how many hours a day that a gentleman could work on that equipment. No, that's unfair.
Approximately how many pieces of equipment do you have broken down and out of service a
day?
Mr. Williams: We try and keep it at approximately ten percent, which would be about seven
pieces of equipment.
I Commissioner Dawkins: See, Mr. Williams, Mr. Williams, Mr. Williams.
j
Mr. Williams: It fluctuates, Commissioner Dawkins.
i
Commissioner Dawkins: Mr. Williams, I did not ask you what you try to do. I asked you to give
me a figure. Ten, 12, 14, 16?
i
Mr. Williams: Seven.
Commissioner Dawkins: OK. Now, seven a day. How... And you have 12 people working,
right?
Mr. Williams: Right.
j Commissioner Dawkins: Now, how many of the 12 are there every day? Because you've got to
count for a man's vacation time and sick time. So how many men do you have, now, that are at
1 work, to work on this equipment a day?
Mr. Williams: Ten.
j Commissioner Dawkins: Ten out of the 12.
(� Mr. Williams: Yes.
ICommissioner Dawkins: And you got how many pieces of equipment? Oh, seven.
Mr. Williams: Specifically on this, 67...
Commissioner Dawkins: Seven, seven.
Mr. Williams: Yeah,,mm-hmm, seven down.
( Commissioner Dawkins: So you got a man and a seventh to work on a piece of equipment.
Mr. Williams: Yes.
ICommissioner Dawkins: And we are able to maintain the fleet with this low manpower.
Mr. Williams: Yes, including service, because a piece of equipment can...
Commissioner Dawkins: Well, OK, then why is it all this equipment is broken down, and people
are calling me, "We can't pick up the equipment," if you have what you need to maintain it?
61 May 23, 1996
_I.
Mr. Williams: That's why we're asking for this particular item.
Commissioner Dawkins: No, no, no. See... OK. Now, don't do this to me, now. OK? This
equipment and materials that you are purchasing will not jump on the truck. Now, you can
bring... You can take it in the yard all you want. Once you unload it, it will not jump on the
truck.
Mr. Williams: It has to be placed there by mechanics.
Commissioner Dawkins: You have to have a mechanic to put it on.
Mr. Williams: That's correct.
Commissioner Dawkins: So don't... So you're not being fair with me. OK? See, you do not
have enough manpower to maintain these trucks. OK? Now, so somewhere, when you all come
for the budget, you better tell me how many men are needed. OK?
Mr. Williams: OK, sir.
Commissioner Dawkins: Mr. Cox, you need to add something that may enlighten this with me,
sir? Go right ahead, because I need enlightening. Huh, Charlie? Come on. Charlie, we in this
together. If we don't solve this... I mean, we got a serious problem, Charlie.
Mr. Charlie Cox (President, AFSCME): I'm going to tell you, let me guarantee you, there's a lot
more than 64 pieces of equipment that that garage handles on that side. We handle the whole
City, including all the big bucket trucks and everything else. So it doesn't break down to one
point seven mechanics per piece of equipment.
Commissioner Dawkins: Mm-hmm, OK. Thank you. That's what I... Thank you, Charlie.
OK? But it will... We will make a difference in the budget. You're going to budget more
people. OK?
Mr. Odio: You know something, Commissioner? The best thing you have ever done here is
when you bought those Mack trucks. They are... The maintenance is... It really has helped.
Commissioner Dawkins: It still comes back to the fact - and Mr. Cox probably won't say it, but
I will say it - we do not have enough mechanics, we do not have enough people cutting the grass,
we do not have enough workers maintaining... OK. We're talking about Solid Waste. What do
you call the stuff where the Public Works... the guys who cut the tress and the grass, what do you
call that?
Mr. Cox: The tree trimmers?
Commissioner Dawkins: All the people who go up and down the street cutting the grass and
what have you.
Mr. Cox: Right-of-way maintenance.
Commissioner Dawkins: They have equipment. Now, who maintains that?
Mr. Williams: We do in Solid Waste.
Commissioner Dawkins: See? So like the man just said, see... And this is what... I mean, this
is what makes me angry. When I ask you people questions, instead of giving me direct answers,
you lie to me, and you tell me stuff that's untrue, and it's unfair, Mr. Williams.
62 May 23, 1996
I Mr. Williams: Well, Commissioner, let me state clearly that I never lied to you. And I
certainly...
i
i Commissioner Dawkins: All right. Well, you think...
I Mr. Williams: I certainly want to make sure...
Commissioner Dawkins: Well, all right, I'm retarded, I'm retarded. That's all right. I don't
have a problem with that. OK?
Mr. Williams: You certainly are not. But I...
Commissioner Dawkins: No, I'm retarded. OK?
Mr. Williams: I would like for the Commissioner to know that I would never lie to him.
Commissioner Dawkins: OK. But you... No, but you bend the truth.
Mr. Williams: No, I would never do that, either. I would try my best to answer your questions.
And as you were tallying up, you stopped and you asked for some specific information. I just
want it very clear, I would never lie to you, nor bend the truth. I come here before you for many
years, as you well know, to be very honest and above board, and give you the best information
that I have.
Commissioner Dawkins: OK. Well, OK.
Commissioner Plummer: Can I ask a simple question?
Mr. Odio: There is a fact, Commissioner, and let me put this on the record. I'm sorry.
Commissioner Plummer: I guess I can.
Vice Mayor Gort: Excuse me. Go ahead, Mr. Plummer. Commissioner Plummer.
Commissioner Plummer: Mr. Manager, you switched the motor pool over to the Police
Department without informing us or asking the City Commission. I'm going to ask you on the
record now, how many policemen, sworn officers, are now taken out of police work, and going
over to taking care of cars instead of people?
Mr. Odio: Let me tell you, Commissioner.
Commissioner Plummer: Let me tell you something.
Mr. Odio: OK. Let me say...
Commissioner Plummer: You're going to have one hell of a fight at budget time.
Mr. Odio: I know. But I tell you, we had... I wanted to...
Commissioner Plummer: No, you cannot convince me...
Mr. Odio: I'm doing it.
63 May 23, 1996
Commissioner Plummer: ... when you have the Fire Department having their garage.
Mr. Odio: And they do very well.
Commissioner Plummer: You have the heavy duty having their garage, and you have the Police
Department having their garage.
Mr. Odio: They don't...
Commissioner Plummer: And then you come back to me and say to me, "I want you to take the
County contract, to take and do all of these services," and not one damn one of those people on
that contract are a City of Miami company.
Commissioner Dawkins: That's right.
Commissioner Plummer: Mr. Manager, I want to tell you, at budget time, I'm going to fight to
make one motor pool because...
Mr. Odio: That's what we have.
Commissioner Plummer: No, we don't.
Mr. Odio: We have one.
Commissioner Plummer: My question is, real quick like, my answer. How many police, sworn
officers, are in the police automobile program?
Mr. Odio: Three.
Commissioner Plummer: Three. OK.
Commissioner Dawkins: To maintain how much equipment, J.L.
Captain Longueira: That's what we had before.
Mr. Odio: And that's what we had before.
Commissioner Plummer: That's three less officers that could be out fighting crime. OK?
Commissioner Dawkins: That's right.
Mr. Odio: Let me tell you, you cannot...
Commissioner Plummer: Let me tell you...
Mr. Odio: You cannot fight crime if you don't have the police cars running. OK?
Commissioner Plummer: But you can get civilians to work on police cars. OK?
Mr. Odio: I... Commissioner, please. I wanted to test the... The fact is that...
Commissioner Plummer: Hey, hey, you go tell the people that are getting guns stuck in their
face...
64 May 23, 1996
Mr. Odio: Yes, sir. Yes, sir.
Commissioner Plummer: ... that that policeman was busy because he had to repair a flat tire.
Mr. Odio: Let me tell you...
Commissioner Plummer: It ain't the same. OK?
Mr. Odio: It is... I don't want to argue.
Commissioner Dawkins: Mr. Mayor, Mr. Mayor.
Vice Mayor Gort: That's why we got civilians. It's a lot cheaper, also, I understand, less
expensive.
Commissioner Dawkins: I agree with Plummer. I don't... And there again, now following what
you said, Mr. Williams, which may... which is not distrustful, or "distruthful" (sic), you said the
pickup trucks from the Solid Waste Department go to the Police Department for repairs. Is that
what you said?
Mr. Williams: Yes, sir.
Commissioner Dawkins: Now, you just told J.L. Plummer that you got three policemen over
there who make police repairs. So you got three policemen working on Solid Waste trucks,
rather than doing police work. Now, J.L. Plummer's got a point, now. See? So somewhere, the
tail is wagging the dog.
Commissioner Plummer: Well, I can assure you, Commissioner, that they're not doing the
hands-on work. They're supervising. OK?
Commissioner Dawkins: Oh, come on, come on, now. See?
Commissioner Carollo: Well, you're absolutely correct, Commissioners.
Commissioner Dawkins: That's right. That's one thing about J.L. J.L. will back up and take
care of the Manager when he has to cover him. Back on up, J.L. Go ahead.
Commissioner Plummer: No, no, no. I've already told him I'm going to badger him.
Vice Mayor Gort: Let's bring this back to order. Commissioner Carollo.
Commissioner Carollo: I've been there, and I've seen the transition that was made there. And
you are right, that's what they're doing, supervising. But nevertheless, you've both correct.
We're losing sworn police officers that could be out in the streets. What I'd like to do is suggest
the following to the Police Chief. Chief, maybe what we need to consider is for you to... You
need your own people there supervising that, but what I'm saying is, we don't necessarily need
sworn police officers. What you need to do, maybe, is advertise... Take your time, if need be,
because I know it's hard to find good supervisors in that field. But advertise, and get the three or
four people that you need that are civilians that you hire, your own people that you'll feel
comfortable with, to supervise the people that were there before. I will tell you this, that I've
received numerous complaints that a lot of what was going on before is still going on. You have
people there that they want to go at their pace. If they get mad at a City employee, for whatever
reason, that they're going to leave that car or that vehicle there for eternity. At the same time, I
realize that many of those mechanics that are working hard are really overworked. There's a
65 May 23, 1996
tremendous amount of work that they have there. And one of the things that I suggested when I
was there some weeks ago - in fact, it might have been a couple of months ago, I don't
remember exactly - was that we should have sufficient parts stocked in the place already, so that
when a car breaks down, we don't have to be waiting for days to get a part, and then we lose that
vehicle for extra days where we don't need to.
Commissioner Plummer: Whatever happened to the maintenance contract we were buying?
Commissioner Carollo: I realize that there are some vehicles, and we only have a handful of
them, so it's hard to stock parts for those cars. But for the most part, you know, the vehicles that
we have, we got dozens, and hundreds of the same type of vehicle. So we need to stock parts,
also, for those vehicles.
Commissioner Dawkins: Mr....
Commissioner Carollo: So I would just suggest that you get together with the Manager and see
if that works out.
Commissioner Dawkins: Mr. Manager.
Vice Mayor Gort: Commissioner Dawkins.
Commissioner Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Provide me with a narrative telling me what courses a City of Miami
policeman takes at the Criminal Institute that certifies that policeman as a supervisor for
automobile repairs. Tell me what class he takes.
Mr. Odio: Yes, sir.
Commissioner Carollo: Yeah.
Commissioner Dawkins: And what the requirements are, how many hours he took in it, and how
he got certified as a person certified...
Mr. Odio: Wait a second.
Commissioner Dawkins: No, no, no. You all... No. If you got it in writing, it's got to be...
Mr. Odio: I'll do it.
Commissioner Dawkins: It's got to be a part of a curriculum.
Commissioner Plummer: You know what the answer is.
Commissioner Carollo: Yeah. It's called...
Commissioner Dawkins: It has to be a part of a curriculum if you're going to certify a person.
Commissioner Carollo: It's called CYA 101.
Commissioner Plummer: No, no, it's called gold bricking 101.
66 May 23, 1996
F
Vice Mayor Gort: Let's go on. My suggestion is that you can go into the private industry.
We're just as big as any of the big automobile agencies. They got rules, guidelines and
regulations that we can follow. They can tell you how much time it takes to fix a car, and
they're very good at that. I think that you should look in that, into the private sector. And I
recommended this to you all before. Look into the private sector. They have certain guidelines
and criteria that they follow at these general garages on how to function.
Commissioner 1 { P ummer: Willy...
jCaptain Joseph Lon ueira((Deputy Commander, Police Support Services): That's what we're
trying to do, Commissioner. The person running it, just so you know, is a certified public
accountant, who happens... who is a policeman. And he has looked at this from a
work/management type of situation, and looked at the guidelines of private industry, and how
many cars they should be able to do a day, and that's the approach we're trying to do.
i
Commissioner Plummer: Yeah, and the minute he drops a wrench on his toes...
Captain Longueira: We're trying to manage what we have better.
Vice Mayor Gort: My suggestion is, keep this Commission informed of the things you're doing,
in writing.
Commissioner Carollo: Excellent.
t Vice Mayor Gort: Thank you. Let's...
i
Commissioner Plummer: The minute he drops a wrench on his toes, he's out for two thirds of
the rest of his life.
Vice Mayor Gort: We have a motion and...
Mr. Odio: He's not a mechanic.
Vice Mayor Gort: We have a motion and a second.
I Commissioner Dawkins: What's the motion?
Vice Mayor Gort: Discussion?
Commissioner Plummer: It was so long ago, I don't remember what the motion was.
E Mr. Odio: Ten, 10.
! Mr. Williams: Item 10.
Vice Mayor Gort: Mr. Cox.
Commissioner Plummer: Ten.
Mr. Williams: Warrior cranes.
Commissioner Dawkins: Mr. Cox has something to say before we vote, please.
67 May 23, 1996
Mr. Cox: You know, we've all come up here before you...
Vice Mayor Gort: Name and address.
Mr. Cox: I'm sorry. Charlie Cox, 4011 West Flagler, Suite 501. We've all come up here before
you and told you we've had to downsize. We didn't lie to anybody. We've done that. You
probably have one mechanic for every 84 cars. You probably have one mechanic, and they can
give you all the details on what bodies we have. I can tell you, when I was elected to office, we
had over 2,000 general employees. We now have less than 1,000. Nobody has hid any of that.
We have asked, as a union, I have asked all the employees to do more with less. As far as
getting parts and material, that's been a joke for years, and it will continue to be a joke, unless
the budget is big enough to absorb what it takes to get the job done. And we're all sitting out
there. Now, we're up here badgering the employees, which I think is wrong, when we've asked
everybody to do more with less, and I think they have. And when you say that we need to go
outside to hire employees, when I've sat there and said all along, let's don't hire anybody, let's
look at it in October, because we saved in the neighborhood of thirty million dollars
($30,000,000) off the budget last year, we're not running in deficits. I don't think we have
turned the corner totally yet, but the public needs to know this. We're not sitting under shade
trees. We never have. And I will match 90 percent of the City employees with any private
industry, with anybody on the outside, and tell you that we're doing it. And a lot of people are
heated up about it. A lot of the employees are realizing... You know, you got a communications
section that has four bodies left. We've lost eleven bodies in communications, and tempers are
getting hot. And we lost probably 13 mechanics to retirement, and we haven't hired them back,
and we're not, but it's... There's a budget. But... There's a budget there. You've lost how
many in Sanitation? You're doing it with 200 bodies, when you used to have 400.
Mr. Williams: Six hundred.
Commissioner Dawkins: But Charlie, what the public doesn't know, and what you're saying,
and nobody is listening - OK? - we don't have the mechanics, but we're taking the money and
farming it out that we could hire the mechanics with. That's number one. Number two, the
Manager has come to me. They do not pick up the garbage. The guys fluff off - and tell them I
said it - from Monday to Friday. And then Saturday and Sunday, they go out on overtime to pick
up the stuff they didn't get Friday, Saturday and Sunday. That's more money, Charlie, that they
could hire people with, where they're paying overtime, to put out on the streets. But somewhere
along the lines, Charlie, the unions - I take my hat off - they have bent over backwards, but
nobody has sat down and told the union, "You've done a great job. How many more men do we
need to give you so that you can put five more people to work that you laid off, so that we can
get the job done?" No. They're just farming everything out.
Mr. Cox: Miller, I'd love to see that, but we all know if we start bringing bodies back, we're
going to be in the same shape next year as we were this year.
Commissioner Dawkins: But you're farming it out. You're farming it out.
Mr. Cox: No, we're not.
Commissioner Dawkins: You're farming it out.
Mr. Cox: And we're not working overtime. Since the Police Department has taken over that
department, I do not believe they're working any overtime.
Commissioner Dawkins: But...
May 23, 1996
�1
Mr. Cox: And the men are not sitting back and saying, "I'm not touching your car because I
don't like you, or you made me mad." And those things are not happening.
Commissioner Dawkins: But how... But they are farming the work out. And nobody has
showed me, Charlie, where, by farming it out, it saves money, if they had... when we
downsized...
Mr. Cox: Miller, every time they try and farm something out or they try and hire employees, I'm
in there screaming, let me guarantee you.
Commissioner Dawkins: OK. Thank you.
Vice Mayor Gort: OK. Thank you. Yes, sir.
Mr. Manuel Gonzalez-Goenaga: Well, my name is Manny "Broom -Boom" Gonzalez. There we
go again. And I want you to hear, understand my philosophy. I fully agree, or partly agree, with
Mr. Cox, because when... I am a very schooled man, I think. I have a little more schooling than
Mr. Odio, and never said a lie. But when my car breaks down, I do not have any knowledge
about mechanics. So you go... The thing is that we are letting here go the people who really are
needed and have the expertise. We need the mechanics. But before that, what we need is good
drivers from the Police Department. We have never thought about that. You see, these guys
abuse... It's costing the City of Miami millions and millions of dollars in unbecoming police
officers. Ten of the policemen that have arrested me for nothing, three are out of the force
already. And something is wrong, terribly wrong. And then this Administration does what
President Truman once said, a simple man. He did say, "If you cannot convince them, confuse
them." And I add, this is not confusion. This is fraud and deceit. Thank you.
Vice Mayor Gort: Coo ahead, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-315
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR
COMPETITIVE, SEALED BIDS AND APPROVING THE PURCHASE OF PARTS
AND SERVICES FOR SOLID WASTE WARRIOR CRANES FROM CAMERON
EQUIPMENT CORPORATION, IN THE AMOUNT OF $50,000; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/SOLID WASTE, VEHICLE EQUIPMENT ADMINISTRATION,
FY 95-96 OPERATING BUDGET, ACCOUNT CODE NO. 420901-670, PROJECT
NO. 509000; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
PURCHASES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
69 May 23, 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE DURING ROLL CALL:
Commissioner Carollo: I don't know if I'm convinced or confused, Manny.
--------------------------- ------------------------------------------------------- -
12. RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE COMPETITIVE
SEALED BIDS -- ACCEPT BID: JAFFER ASSOCIATES, LTD. -- FOR
PURCHASE / INSTALLATION OF IRRIGATION SYSTEM FOR SOUTH
END OF MILDRED AND CLAUDE PEPPER BAYFRONT PARK --
ALLOCATE FUNDS ($15,000) FROM CIP 331305.
------------------
---------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 11, Bayfront Park.
Commissioner Plummer: Move it.
Vice Mayor Gort: Irrigation system. It's been moved. Is there a second?
Commissioner Carollo: There's a second.
Vice Mayor Gort: OK. There being no further discussion, call the roll.
t
70 May 23, 1996
F
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-316
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING 'THAT AN EMERGENCY NEED EXISTS, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND ACCEPTING THE BID
OF JAFFER ASSOCIATES, LTD., FOR THE PURCHASE AND INSTALLATION OF
AN IRRIGATION SYSTEM FOR THE SOUTH END OF THE MILDRED AND
CLAUDE PEPPER BAYFRONT PARK IN THE AMOUNT OF $15,000;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, ACCOUNT NO. 331305.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
------------------- ------- ------------------------------------ --------------------------------------------------
13. (A) RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE PROCUREMENT OF
SPECIALIZED FINANCIAL TYPESETTING SERVICES AND
PRINTING OF COMPREHENSIVE ANNUAL FINANCIAL
REPORT -- FROM EVACO FINANCIAL PRINTERS -- ALLOCATE
FUNDS ($19,000).
(B) DIRECT ADMINISTRATION TO REQUEST CPAs TO PROVIDE
AUDIT ON TIME TO AVOID CREATING EMERGENCY.
Vice Mayor Gort: Item 12.
Commissioner Plummer: Move it.
Vice Mayor Gort: Financial typesetting and printing.
Mr. Manuel Gonzalez-Goenaga: May I address the Commission?
Vice Mayor Gort: Just a minute. I will let you in a minute, sir.
Mr. Cesar Odio (City Manager): This financial report had to be done this way, Commissioner,
because it's required by State law that we have certified independent auditors as to its
71
May 23, 1996
authenticity and accuracy, and we had to have it done by March 30th. Unfortunately, I had no
choice but to go this route of emergency.
Commissioner Carollo: On item 13...
Vice Mayor Gort: No, we're on 12.
Commissioner Plummer: What happened with 12?
Vice Mayor Gort: We're on item 12.
Commissioner Carollo: OK. We...
Commissioner Dawkins: He said we're on 12.
Commissioner Carollo: All right. We're still on 12?
Vice Mayor Gort: Yes.
Commissioner Plummer: Still? We haven't started.
Commissioner Dawkins: Mm-hmm, we're just doing 12.
Commissioner Carollo: OK.
Commissioner Plummer: Is there any..? What are we waiting for?
Mr. Gonzalez-Goenaga: My comments.
Vice Mayor Gort: Hear from the public. Yes, sir.
Commissioner Plummer: Hello?
Mr. Gonzalez-Goenaga: May I?
Vice Mayor Gort: Yes, go ahead.
Mr. Gonzalez-Goenaga: Again, Mr. Manny "Broom -Boom." Here we go again. In simple
language, we are required by law, it should have been known, and is known by the expedient
City Manager, and yet, we wait until the last moment to everything to go through to emergency
ordinance. What a way to run this City. And then, we cannot... Beautiful annual reports full of
bull, because I don't even get one. I don't even get the agenda, because it's too expensive to
send it to me by mail. The... Mr. Mariano Cruz, the gadfly of 1996, gets it from Miller
Dawkins' budget. But, you know, too many high salaries...
Commissioner Carollo: Who...
Mr. Gonzalez-Goenaga: ... too much bureaucracy, of doing nothing, playing Peyton Place.
Vice Mayor Gort: Thank you. Commissioner Carollo.
Commissioner Carollo: Mr. Manager.
Mr. Odio: Yes, sir.
72 May 23, 1996
Commissioner Carollo: Who is in charge of this particular item? I mean, who had the
responsibility? Is it your item?
Mr. Ron Williams (Assistant City Manager): It is my item to have, to purchase the services of
the printing, Commissioner, yes.
Commissioner Carollo: Who has been doing it in the past? I mean, we have to do this every
year, so this is not any kind of surprise to us.
Mr. Williams: Absolutely. It's an item that we're familiar with. This emergency was created,
quite frankly, because the data, the information to be printed, was coming in at the last minute,
and in coordinating with the Finance Department...
Mr. Odio: From the outside auditors.
Mr. Williams: ... we just did not have the documents or the data available to start the process.
Mr. Odio: We have to wait until the CPAs finish their audit.
Commissioner Carollo: Yeah.
Mr. Odio: And they finished at the last moment, so.
Vice Mayor Gort: Well, you know, we pay a lot of money to those CPAs, and I think somehow,
you should give them a guideline of the day they should be finished. Because, like
Commissioner says, you know that this is going to happen every year, and we're going to need
it. So I think you should set a time certain to them to have the audit finished.
Mr. Odio: We will put that in writing, too.
Commissioner Dawkins: And piggyback on that, Mr. - I mean fellow Commissioners - we have
a City CIerk who's been telling us and everybody that the State of Florida or somebody requires
that he have a certain report in by a certain day. It has been put on the agenda and jerked off
three times. What is that item, Mr. City Attorney - I mean Mr. City Clerk? The one that the
State says you have to have it in to get the records retrieval or... what is it?
Mr. Walter Foeman (City Clerk): No, it was a grant, Commissioner.
Commissioner Dawkins: Say what, now?
Mr. Foeman: We were talking about a grant deadline.
Commissioner Dawkins: But we didn't get the... time to get it in in time for the grant. I mean,
we never got it on the Commission. You know, you... Now, look. See, now, don't have me to
go pull records and read them. If you don't... If your memory is bad, now, I'll go pull the
records.
Mr. Foeman: No. We had a Federal grant from...
Commissioner Dawkins: OK. Well, say that, then, please.
Mr. Foeman: From NHPRC (National Historical Publication and Records Commission) And at
the deadline, we have to produce certain products, among those, a records facility, as well...
73 May 23, 1996
Commissioner Dawkins: And how many times has it been on the Commission and pulled off?
Mr. Foeman: Well, we put it on twice.
Commissioner Dawkins: OK. And it was... And it came off twice. Thank you. See, and then
all of a sudden, the City Clerk has to come before this Commission as an emergency for
something that he's been trying to get done for almost three months.
Vice Mayor Gort: OK. any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-317
A RESOLUTION, BY 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE PROCUREMENT OF
SPECIALIZED FINANCIAL TYPESETTING SERVICE AND PRINTING OF THE
COMPREHENSIVE ANNUAL FINANCIAL REPORT FROM EVACO FINANCIAL
PRINTERS IN THE AMOUNT OF $19,000; ALLOCATING FUNDS THEREFOR
FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID
WASTE, GRAPHIC REPRODUCTIONS DIVISION, GENERAL OPERATING
BUDGET, ACCOUNT CODE 420501-680.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
74 May 23, 1996
F
------------------------------------------------------------------------------ ----------------------------------
14. (A) RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE (1) PURCHASE OF 200
LAGUNA 3P PRISONER TRANSPORT SEATS WITH SEAT
BELTS -- FROM LAW ENFORCEMENT SUPPLY CO. ($49,560), (2)
PURCHASE OF 200 PRO-GARD WITH EXTENDED SEAT
PROTECTOR, 200 SMART VECTOR LIGHTBARS, SMART SIRENS
WITH MICROPHONE AND EXTENSION KIT, SPEAKER AND
SPEAKER GRILL BRACKET -- FROM METRO, USA ($308,460.
UNDER DADE COUNTY BID 508-3/99), AND (3) INSTALLATION
OF ABOVE ACCESSORIES IN 200 PURSUIT VEHICLES -- BY
METRO, USA ($74,000) -- ALLOCATE FUNDS ($480,620). (See
label 16)
(B) DIRECT CITY ATTORNEY TO RESEARCH HOW TO REQUIRE
THAT POLICE CARS BE REPAIRED IN THE CITY.
Commissioner Dawkins: I don't care what the next 4/5ths is, I vote no.
Commissioner Carollo: It's 13.
Vice Mayor Gort: Let me ask you a question.
Commissioner Carollo: It's a big 4/5ths.
Vice Mayor Gort: I would like the staff to explain the differences when you receive the bids...
Commissioner Plummer: Well, excuse me. Are you speaking to 13?
Vice Mayor Gort: I'm speaking to all of these emergency items that we're listening to.
Commissioner Plummer: Oh, I'm sorry. I'm sorry.
Vice Mayor Gort: Not the sole source. But, you know, I want the public to understand that we
go through the procedure, we get different... sealed bids and all that.
Commissioner Dawkins: OK. I can speak to it. I can speak to it for you.
Vice Mayor Gort: Yes, go ahead.
Commissioner Dawkins: Ladies and gentlemen, the reason we have so many 4/5ths votes
required today is this City Commission, in its infinite wisdom, went to one Commission meeting
a month.
Commissioner Plummer: That's not a true statement.
Commissioner Dawkins: And we... Well, that's Miller Dawkins's statement, and I don't have a
problem with that.
Commissioner Plummer: No, please, for the record...
75 May 23, 1996
Commissioner Dawkins: OK? So therefore...
Commissioner Plummer: I'll finish when you're finished.
Commissioner Dawkins: ... we've had quite a number of very important items that were not
covered, and we're at the eleventh hour, knowing that in August, we will not be here, knowing
that just so many items can go on any agenda. So the Manager took what he felt were the most
important issues for the satiety and well-being of the City of Miami, he put them on as an
emergency so that we could pass them as emergency items and get them through. And that's
why you see most - now, there may be one or two that do not fit that category - but that's why
you see the most of them as 4/5ths, Mr. Mayor.
Commissioner Plummer: For the record, so we are not accused of violating the Charter of the
City of Miami, we have had one day a meeting where we have met, but we have had two
meetings - one in the morning, and on in the afternoon - and we have, in fact, complied with the
Charter.
Mr. Cesar Odio (City Manager): Commissioner...
Commissioner Dawkins: Nobody didn't... Let the records reflect that Miller Dawkins did not
say there was a violation of the Charter. What Miller Dawkins said was, one meeting did not
permit, in his opinion, the Commission to cover the issues that were pertinent and important to
the well-being of the City of Miami. And I'll say that again.
Vice Mayor Gort: OK, Commissioner Dawkins. Could you explain the differences between
the...
Mr. Odio: But we... Any time you have... and you do get bids. And I don't want to do this. Let
me tell you, I don't want to be here explaining emergencies. We have no choice. An emergency
is an emergency. We have had emergencies that I felt that would put the City in a jeopardy
position in many cases, including 13. We were getting new patrol cars in, and we had to have
the equipment that goes into the patrol cars so we could put them out to service. We do get bids.
Commissioner Carollo: Yeah, but see...
Mr. Odio: We have bids on every item.
Commissioner Carollo: See, Mr. Manager...
Mr. Odio: We get three bids on every item.
Commissioner Carollo: Yeah, but the problem that I'm having with the kind of bids your getting
is that these are not sealed bids. They are only open when everybody is present.
Mr. Odio: No, this is a County bid, Commissioner.
Commissioner Carollo: Well, it's totally, totally different than having sealed bids from us.
Mr. Odio: I agree but...
Commissioner Carollo: It's easy to say it's a County bid.
Mr. Odio- Yeah.
76 May 23, 1996
Commissioner Carollo: But then we're going to other people for accounting, where we might be
in a position to still get a better bid.
Mr. Odio: Well, what you do...
Commissioner Carollo: And not all of them are County bids.
Mr. Odio: Yeah, right.
Commissioner Carollo: In this particular item, on 13...
Mr. Odio: It's a County bid.
Commissioner Carollo: It might be, even though we have different items here. I don't think all
of them might be necessarily. But many of the other items that we have had here today, and will
be dealing with are not all County bids. And, you know, I just don't like the fact that we're
either going to County, to State bids that they have done at another location, where we might be
in a better position, now, than they were then, or that we're doing the phone-in bid, or the faxing -
in bid, where anyone can challenge the facts and wonder, and start speculating.
Mr. Odio: You're right. That's why I...
Commissioner Carollo: Are we really bidding it out, or are we playing games? And this is what
we should not place ourselves in, in that kind of situation.
Mr. Odio: And you're right. That's...
Commissioner Carollo: And I'm not saying anyone is doing anything wrong. But you know
people are going to be speculating. And we need to get away from that. Having said that, you
know, we really need to reconsider today, maybe going to the two meetings per month again.
Vice Mayor Gort: I don't have any problem with that. But at the same time, my understanding
was that even though we request for bids, that they're sealed bids, that the only differences is
that...
Commissioner Dawkins: How can a telephone bid be a sealed bid?
Mr. Odio: Wait, wait a minute.
A. Quinn Jones, III, Esq. (City Attorney): Those are informal quotes.
Vice Mayor Gort: That's why I want to clarify this in here. This is what I've been told. There
the differences between a confirmed bid is it takes 90 days. They have to give 90 days to get it
back.
Mr. Ron Williams (Assistant City Manager): Mr. Vice Mayor, let me explain this, just to make
it very clear. In this case, we used a sealed Dade County bid. What happens, Dade County bid
out this particular service for use in their police cars. As you know, we... It's perfectly within
all legal means to use those sealed bids to procure from. The savings for us is that we don't have
to issue the document, as long as it meets our specifications.
Commissioner Dawkins: OK. May I ask...
Mr. Williams: This is a Dade County sealed bid.
77 May 23, 1996
Vice Mayor Gort: I understand that. But what happens when it's not a Dade County sealed bid,
but a bid that we get ourselves? Do you get it over the phones, or do you get people to send it
in?
Mr. Williams: In this case, we would not get it over the phone. We would have to have written
bids for something of this magnitude.
Vice Mayor Gort: I understand in this case. What about the other cases which do not involve
the County or another authority?
Mr. Williams: We should not, Vice Mayor, bring to you a... something of this magnitude with
phone bids.
Vice Mayor Gort: OK.
Commissioner Plummer: Mr. Vice Mayor, excuse me.
Commissioner Dawkins: Yeah, go right ahead, J.L.
Commissioner Plummer: I have to leave here in 15 minutes. I am dying in pain. The man is
waiting to pull my tooth. So I just want to say for the record...
Commissioner Dawkins: Tell him to pull all of them. You can leave now.
Mr. Odio: I'll give him a gift certificate.
Commissioner Dawkins: Mr. Vice Mayor?
Commissioner Plummer: I'm not going to Dr. Preparation H.
Vice Mayor Gort: Mr. Dawkins, Commissioner Dawkins.
Commissioner Dawkins: Mr. Vice Mayor.
Vice Mayor Gort: Yes, sir.
Commissioner Dawkins: I am going on the record now, so that everybody here will know, I'm
going to attempt to pass a resolution sometime today that any and all services that are available
in the City of Miami be purchased from City of Miami businesses. OK? Now, that's... I mean,
I get tired of you coming here telling me that you're on a Dade County bid, and it's a... I don't
even know what this means. It's a vendor. But if some of the people I know who are doing
business, and you tell me that you had to go to the County for a vendor, some of these people are
on the County's vendor list and in the City of Miami. So I really don't understand. But
sometime today, I plan to offer that motion, see? And that means you... Where is the City
Attorney? Mr. City Attorney, while you're at lunch, recess - I mean research - how I can go
back and revisit the issue where leased cars that are wrecked have to go outside of the City of
Miami to be repaired when we have people in the City of Miami who do body work, pay taxes to
the City of Miami, buy gas and stuff in the City of Miami, and we're farming it out to people in
Hialeah and what have you. I mean, I have a problem with that. OK?
Commissioner Plummer: Well, it's got to be... Commissioner, it's got to be within a ten percent
edge. And I fully concur...
78 May 23, 1996
Commissioner Dawkins: You know what? It's fine, J.L. But if you keep going out telling that
guy about he needs a ten percent edge, and he goes the hell out of business, now, I don't only
lose the ten percent edge, I lose the people that it employs, I lose the - what's that? -
occupational taxes. I lose everything for a ten percent. Now, either you're going to have to tell
the people in the City of Miami, "I'm committed to you," or you can go to the County and give it
ten percent, and everybody in the City of Miami just go out of business.
Commissioner Plummer: Well, Commissioner, I'll make the argument at the time you make
your presentation. But I do recall in the County where they had a thing that was locked in, and
regular electricians at the time was eighteen dollars ($18.) But because it was locked in, sole,
they were saying twenty-nine dollars ($29). What I'm saying to you, to be competitive, there's
got to be an incentive. To be an incentive, it's got to be competitive. So it's got to be within a
price... Listen. Nobody thinks more than this Commissioner, do business with home folks first.
But home folks have got to be within line, and I'll even give them a ten percent edge. But above
that, that's where I stop.
Commissioner Dawkins: Well, I'm prepared to go 25 percent. That's my vote. That's my one
vote, see?
Commissioner Plummer: Well, you got plenty of money.
Commissioner Dawkins: OK? No, it's not a matter of money, but it's a matter of people in the
City of Miami paying taxes and employing people who work in the City of Miami, and we need
to do this, J.L. I mean, it just... That's all.
Commissioner Plummer: Nobody will support you more on that, but there's got to be
parameters.
Commissioner Dawkins: OK. Well, parameters are great. But I have to look at this just like I
look at things pertaining to black people. The rules are written to exclude and not include. So,
now, you can go back and structure this to include the City of Miami businessmen in some kind
of a way. You don't have to tell them it's 20, it's ten, it's five percent, and exclude them.
Vice Mayor Gort: Thank you. Mariano.
Mr. Mariano Cruz: Mariano. This is probably going to take me more than two minutes, so I'm
going to start by... My name is Mariano Cruz. My address is 14311 Biscayne Boulevard, North
Miami, Florida, 33181, because that's the place I work. Because I see here the people coming,
and they say the place they work. They don't say where they live. Charlie Cox just say now. So
if I am going to talk here, representing the employees... And I don't see that clock start when he
talk there. I am going to talk, representing the taxpayers in my community, as elected
representative of the Community Development Advisory Board. I'm going to talk on item 13.
And I don't like to be leaving because it's going to be more than that. Otherwise, I have to take
more time in another item, another item, another item, till I get what I got to say. Item 13. I see
here forty-nine thousand five hundred and sixty dollars ($49,560), three hundred and eight
thousand four hundred and sixty dollars ($308,460), seventy-four thousand dollars ($74,000).
That you add those three, and come to four- thirty -two -o-twenty. Would leave an amount of
forty-eight thousand six hundred ($48,600) missing. Something is missing there. Maybe the
people who made the agenda leave it out. But that could be left out and I don't know the reason.
But it's supposed to be four hundred and eighty thousand six -twenty ($480,620), and me came
the total, four thirty-two-o-twenty. And all these cars, I seen them already in the yards there by
12th Avenue, all these Crown Victorias parked there, will be in work already. So what's the
saying of you Commissioners? It already got... It have to be approved. It have to be paid. It's
there already. And, you know, also, I have to say... You want me to continue or to follow on the
79 May 23, 1996
r
next item? Because I can take two minutes later, and then my wife can take two minutes, and I
can bring people and take two minutes or...
Vice Mayor Gort: Go ahead, Mariano.
Mr. Cruz: OK. And I see cars. I want to know, what is the life of those cars, the maintenance of
the Caprice there that used to be here? Because just the other day, I saw in two different
occasions, two Caprices with no decals, yellow tags, white, on May 15, Wednesday. Was at 3rd
Court and 141 Street Northeast. And the other day, another one on I-95 south. I got the number.
7066 and 7084. So I know what I'm talking about. So probably, I will be seeing those Crown
Victorias all over the place. Now, I can't afford a Crown Victoria, and you see the people taking
it all over the place. And that's completely wrong what they're doing there, because this is a
poor City, a very poor City, and we have a rich people - no, rich employees - because in
economy, they say comes ownership of use. If you use something, you own it.
Vice Mayor Gort: Mariano, your two minutes are up.
Mr. Cruz: If you use that car, you own it. Well, I'll be continuing on the other one. It's a
chapter thing. I'll be continuing, because if there are important things that I have to say...
Vice Mayor Gort: Excuse me. Mariano, which item are you going to address now? We are on
item 13.
Mr. Cruz: No, the item 13, the reason that there is no money. The reason that there is no money.
How come that wasn't done...
Mr. Manuel Gonzalez-Goenaga: I yield one minute to him.
Mr. Cruz: How come that wasn't done before on bid? This is emergency. When the cars are
being... This thing... The cars have been already fixed with all this equipment, right there on
12th Avenue. I see them every day. I go by there. That's my neighborhood. I mean, how
come? What kind of deal? What kind of thing? Bring it here, competitive bid. And Dade
County, don't say nothing about the County. Just not too long ago, that purchasing director, the
one that got the uniforms with the Haitian fellow, they got all kind of deals there, too. But what
about our procurement division? Eliminate it. We don't need them. You want to go by the
County, but just eliminate them. Lay them off. That way, we could have somebody in
Allapattah with a push cart cleaning the street or take care of that market, of the produce market,
and the homeless people they got there. Because used to be a guy cleaning the street on 17th
Avenue and 36th Street. You don't see them anymore. He's not there anymore. They retired.
But nobody went there. Maybe one of the people here that carry clipboards and briefcase can do
that. OK? Because we need the streets cleaned there. We pay taxes in Allapattah. A lot of
taxes, too.
Mr. Gonzalez-Goenaga: My name is Manny "Boom -Boom." I have one minute because I yield
one to him. Well, a question, Mr. Manager or the Commission, if you know. What we are doing
here is something that already has been done, and you are asking a fait accompli vote. I would
like to have an answer to all these questions. And secondly, I was concerned. I am in favor of
good prisoner transport seats, but thank God, lately, I have not been arrested, because the police
is very busy protecting Mas Canosa.
Vice Mayor Gort: OK, guys.
Commissioner Plummer: Manny, this is all the stuff we're buying to better arrest you with.
May 23, 1996
Vice Mayor Gort: All right. Roll call.
Mr. Gonzalez-Goenaga: Well, what about my question? Could I have an answer? The first, the
first question.
Commissioner Dawkins: What's your question? What's your question?
Commissioner Plummer: What was the question?
Mr. Gonzalez-Goenaga: Are all these 4/5ths is a fait accompli things, that you have to approve
it, that the money has been already spent, or is pending approval before you spend it?
Commissioner Dawkins: Mr. Manager...
Commissioner Plummer: If you read the...
Mr. Gonzalez-Goenaga: I would like a direct answer, Mr. Cesar.
Commissioner Dawkins: Mr. Manager.
Vice Mayor Gort: Excuse me.
Commissioner Dawkins: Mr. Manager.
Vice Mayor Gort: There's a question being asked.
Commissioner Dawkins: On item 13...
Mr. Gonzalez-Goenaga: No, on all of them.
Commissioner Dawkins: Sir?
Mr. Gonzalez-Goenaga: Basically all of them.
Commissioner Dawkins: No, no, now we can't do that, now.
Commissioner Plummer: Read the agenda. It says "ratifying." I mean, do you need me to spell
that out for you? Ratifying. It's done.
Mr. Gonzalez-Goenaga: In other words, the money is done.
Vice Mayor Gort: Right.
Mr. Gonzalez-Goenaga: You know, Casey Stenger once said, "Guys, do you know how to play
this game?"
Vice Mayor Gort: Go ahead. I need a motion and a second.
Commissioner Plummer: You got it long... a half hour ago.
Vice Mayor Gort: That's not my understanding. My understanding from the Clerk is the motion
was not made.
Commissioner Dawkins: Move it.
81 May 23, 1996
i gyp,.
Vice Mayor Gort: It's been moved.
Commissioner Plummer: I moved it.
Vice Mayor Gort: Second, is there a second?
i
Commissioner Carollo: There is a second.
Vice Mayor Gort: OK. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-318
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS
AND APPROVING THE PURCHASE OF TWO HUNDRED (200) LAGUNA 3P
PRISONER TRANSPORT SEATS WITH SEAT BELTS FROM LAW ENFORCEMENT
i SUPPLY CO., A NON-MINORITY/NON-LOCAL VENDOR IN THE AMOUNT OF
$49,560; TWO HUNDRED (200) PROGARD WITH EXTENDED SEAT PROTECTOR,
TWO HUNDRED (200) SMART VECTOR LIGHTBARS, SMART SIRENS WITH
MICROPHONE AND EXTENSION KIT, SPEAKER AND SPEAKER GRILL BRACKET
FROM METRO USA, A HISPANIC/DADE COUNTY VENDOR IN THE AMOUNT OF
' $357,060, UNDER EXISTING DADE COUNTY BID NO. 508-3/99, AND INSTALLATION
OF ABOVE ACCESSORIES ON TWO HUNDRED (200) PURSUIT VEHICLES BY
METRO, USA A HISPANIC/DADE COUNTY VENDOR IN THE AMOUNT OF $74,000;
INCLUSIVE OF STORAGE FOR ONE MONTH DURING INSTALLATION, FOR A
TOTAL AMOUNT OF $480,620; ALLOCATING FUNDS THEREFOR FORM ACCOUNT
CODE 420902-880, PROJECT 509000; FURTHER RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S ISSUANCE OF EMERGENCY PURCHASE
i ORDER FOR THIS PURPOSE.
(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
j Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE DURING ROLL CALL:
Commissioner Carollo: Got no choice. They spent the money already before asking us, so...
Commissioner Dawkins: That's right.
Commissioner Carollo: Yeah.
82 May 23, 1996
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--------------------------------------------------------------------------------------------- -------------------
15. (A) WITHDRAW PROPOSED SECOND READING ORDINANCE TO
ESTABLISH RESIDENCY REQUIREMENTS FOR MEMBERS / KEY
PERSONNEL OF COMMUNITY BASED ORGANIZATIONS (CBOs)
AND COMMUNITY DEVELOPMENT CORPORATIONS (CDCs)
WHICH SOLICIT CITY FUNDING.
(B) APPOINT COMMITTEE OF FIVE MEMBERS TO MEET WITH
REPRESENTATIVES OF ALL CBOs AND CDCs TO REVIEW
PROPOSED ORDINANCE TO ESTABLISH RESIDENCY
REQUIREMENTS FOR MEMBERS AND KEY PERSONNEL -
COMMITTEE TO MEET DURING SUMMER AND REPORT BACK
TO COMMISSION WITH RECOMMENDATIONS AT END OF THE
SUMMER - APPOINTED WERE: Josephina Carbonde and Rev.
White. (See label 17)
Vice Mayor Gort: Which item...
Commissioner Plummer: Mr. Vice Mayor, because I'm going to have to leave, can we take up
the one about...
Commissioner Dawkins: Item 14,
Commissioner Plummer: ... the CBOs (community -based organizations)?
Vice Mayor Gort: That's going to be a long one.
Commissioner Carollo: Commissioner Plummer, I'd like to withdraw that, and I would like to
suggest to the Commission the following. If, you know, we could name a small committee to be
able to meet with all the different representatives from the different boards...
Commissioner Plummer: I think it would be great.
Commissioner Carollo:... and maybe come back to us after the summer, give them plenty of
time to go over it, and then come back with suggestions so we could find a median ground
between from what we have...
Commissioner Plummer: Second the motion.
Commissioner Carollo: ... proposed here and what's available now.
Vice Mayor Gort: OK. It's been moved and seconded. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
Commissioner Carollo: Can I...
Commissioner Plummer: Joe, are you...
83 May 23, 1996
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Commissioner Carollo: Can I make...
Commissioner Plummer: Excuse me. Are you proposing that each member of the Commission
appoint one person for the committee? Is that what you're suggesting?
Commissioner Carollo: We could do it that way, if you'd like.
Commissioner Plummer: I appoint Josefina Carbonell as my appointment.
Commissioner Carollo: OK.
Commissioner Plummer: And I will be back, hopefully, at two o'clock, Mr. Vice Mayor.
Commissioner Dawkins: I hope not.
Commissioner Carollo: I will name Reverend White as my appointment.
Vice Mayor Gort: OK. Miller and I will bring the other ones this afternoon. Right, Miller?
Commissioner Dawkins: Yes.
Vice Mayor Gort: OK.
The following motion was introduced by Commissioner Carollo, who moved its adoption:
MOTION NO. 96-319
A MOTION CREATING A COMMITTEE OF FIVE MEMBERS TO BE APPOINTED
BY THE CITY COMMISSION, SAID COMMITTEE TO MEET WITH
REPRESENTATIVES OF ALL THE DIFFERENT CITY OF MIAMI COMMUNITY
BASED ORGANIZATIONS (CBOs) AND COMMUNITY DEVELOPMENT
CORPORATIONS (CDCs) TO REVIEW THE PROPOSED ORDINANCE TO
ESTABLISH RESIDENCY REQUIREMENTS FOR MEMBERS AND KEY
PERSONNEL OF SAID ORGANIZATIONS; FURTHER STIPULATING THAT SAID
COMMITTEE SHALL MEET DURING THE SUMMER MONTHS AND COME
BACK TO THE CITY COMMISSION WITH A RECOMMENDATION AT THE END
OF THE SUMMER.
(Note for the Record: The following individuals were appointed to the aforementioned
committee:
JOSEFINA CARBONELL, (nominated by Commissioner Plummer)
REVEREND WHITE (nominated by Commissioner Carollo)
PETER COATS (nominated by Mayor Clark)
Pending still are two appointments to be made, one by Commissioner Dawkins and one
by Vice Mayor Gort.)
84 May 23, 1996
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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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Vice Mayor Gort: What items can we hear...
Commissioner Dawkins: We can't...
Vice Mayor Gort: Which items can... There's three of us left.
Mr.Odio: Twenty...
Commissioner Carollo: Commissioner...
Commissioner Dawkins: Everything is 4/5ths.
Commissioner Carollo: Yeah, everything is 4/5ths, basically. I would suggest that we come
back at... What time?
Vice Mayor Gort: Two -thirty?
Commissioner Carollo: Two -thirty.
Commissioner Dawkins: Yeah. Tell J.L. so he'll know.
----------------------------------------------------------------------------------------------------------------
16. (Continued) CLARIFYING COMMENTS CONCERNING MODIFICATION
TO RESOLUTION 96-318 REGARDING EMERGENCY PURCHASE OF -
PRISONER TRANSPORT SEATS, ETC.. (See label 14)
----------------------------------------------------------------------------------------------------------------
Mr. Ron Williams (Assistant City Manager): Mr. Vice Mayor.
Vice Mayor Gort: Yeah.
Mr. Williams: Mr. Vice Mayor, may I correct the record, please? Before you... We were just
doing a tally here on the total in item 13, and the reso and the write-up did not include the forty-
eight thousand six hundred ($48,600). It's in the backup package for you to see there. I just
wanted to get on the record that it should be included in the resolution.
Vice Mayor Gort: OK. Thank you.
Mr. Williams: OK.
85 May 23, 1996
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 11:28 A.M. AND RECONVENED AT 2:43 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING MAYOR CLARK, FOUND TO BE PRESENT.
NOTE FOR THE RECORD: At this point, agenda item 25 was
withdrawn.
Commissioner Plummer: For those people who are sitting here, you might look over at the
board - many of the items have been withdrawn - and see if whether or not the item you are here
on has been withdrawn, and you might be sitting for no reason.
----------------------------------------------------------------------------------------------------------------
17. (Continued) APPOINT PETER COATS TO SERVE ON SPECIAL
COMMITTEE TO MEET WITH REPRESENTATIVES OF COMMUNITY
BASED ORGANIZATIONS AND COMMUNITY DEVELOPMENT
CORPORATIONS TO REVIEW PROPOSED ORDINANCE TO ESTABLISH
RESIDENCY REQUIRE MEMBERS / KEY PERSONNEL. (See label 15)
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Vice Mayor, if I may, for the record.
Vice Mayor Gort: Yes.
Commissioner Plummer: The Mayor has asked that his appointment to the CBO/CDC Board
(Community -Based Organization/Community Development Corporation Board) be Mr. Peter
Coats, special assistant to the archdiocese director, and I'll give the Clerk... This is the Mayor,
from the Mayor's office. They asked.
Vice Mayor Gort: OK.
----------------------------------------------------------------------------------------------------------------
18. MR. HUSSAM IDDIN LATEEF ADDRESSES COMMISSION REGARDING
CDBG FUNDING.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: OK. We're all here now.
Mr. Hussam Iddin Lateef: Mr. Commissioners.
Vice Mayor Gort: Item 14. Yes, sir.
Mr. Lateef: Just before you start, I'd like to get some information, if I may, please. We was
here on the 26th of March, 25th of April, and now, we're here today. And we was... been
waiting. The Commission had an ordinance before, which they passed on the first reading. And
we was here for the second reading last month, and half of you didn't show up. We sat here all
day, and they just took pictures all around the place. But...
86 May 23, 1996
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Vice Mayor Gort: What item are you talking about, sir?
Mr. Lateef: I'm talking about on the CDBG (Community Development Block Grant) funding.
Mr. Cesar Odio (City Manager): Oh, my God.
Vice Mayor Gort: That's passed.
Mr. Lateef: When did you pass it?
Commissioner Plummer: No, no, no. He's in reference... I think it was deferred.
Unidentified Speaker: I don't know. I don't, no, I don't work here.
Vice Mayor Gort: Which item was this?
Mr. Lateef: It was deferred.
Commissioner Plummer: It was deferred, 17.
Mr. Lateef: It was deferred at your last... The last time that you met, you deferred it, and it's not
on the agenda today.
Commissioner Plummer: It is on the agenda. Item 17, sir.
Vice Mayor Gort: Yes, it is.
Mr. Odio: It was withdrawn.
Commissioner Plummer: It was withdrawn.
Mr. Odio: Withdrawn.
Commissioner Plummer: It was deferred, and a board has been appointed to re-examine.
Vice Mayor Gort: To deal with it.
Mr. Lateef: Question, please.
Commissioner Plummer: Oh, the funding.
Mr. Lateef: I'm asking a question.
Commissioner Plummer: That's not on the board.
Vice Mayor Gort: Let's listen.
Commissioner Plummer: That's been passed.
Mr. Lateef: There seems to be two or three items that was taken out of that, that's on the agenda.
Vice Mayor Gort: Right.
87 May 23, 1996
Mr. Lateef: But that was taken from... These items were taken out of that proposal. And how
' could you deal with three and not deal with one?
Commissioner Plummer: I don't under... Are you talking about the funding itself?
g
�
Mr. Lateef: I'm actually talking about the funding. Your funding...
Commissioner Plummer: That's been passed, sir.
Vice Mayor Gort: That's been passed a long time ago.
Commissioner Plummer: That's been passed.
Vice Mayor Gort: That's been passed and it's gone.
t
Mr. Lateef: How is it passed and gone, and you never did have a meeting on the second
reading?
Commissioner Plummer: Because we had...
Vice Mayor Gort: Yes, we did, sir.
lCommissioner Plummer: We had two meetings.
Mr. Lateef: When?
Vice Mayor Gort: We had a meeting here, and it was passed, and it was about a month ago.
Mr. Lateef: No, but what date? Give me the date, please.
Vice Mayor Gort: I don't know the date, sir. We can deal with that... Would you get together...
Mr. Lateef: No, I need to know the... I'd like to know the date, because I've asked the Clerk.
The Clerk don't have the information.
Mr. Odio: Saturday, March 23rd of 1996.
Mr. Lateef: When was it?
Mr. Odio: Saturday, March 23rd of 1996.
Mr. Lateef: Well, that's when the Commissioners wasn't here. You say you didn't have a
quorum to vote on anything.
Mr. Odio: Saturday, we did have a quorum that day, sir.
Commissioner Plummer: It was a special meeting.
i
Vice Mayor Gort: OK.
Mr. Lateef: Without the public?
Commissioner Plummer: No, sir. It was a special meeting.
88 May 23, 1996
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Vice Mayor Gort: The public was here.
Commissioner Plummer: Any meetings have to be duly noted.
Mr. Lateef: Now, I was here on every meeting. That never did come up. You deferred the item
when I was here. So who have the information?
Vice Mayor Gort: Sorry, sir. Why don't you get with staff. Why don't you get with Mr. Waters
to sit down and...
Mr. Lateef: Because, you know, you don't...
Mr. Odio: I think the City Clerk can deal with that, sir.
Mr. Lateef: You know... You know, we're dealing with Federal funding here. Please. And I'd
just like to get some clarification, if I may. Please.
Vice Mayor Gort: Sir, sir, you are out of order right now. I'm listening, as a courtesy for you.
They asked us to listen to you. We listened to you. The only person that can answer your
questions right now is either the City Clerk, or Mr. Waters. They can tell you what's been done
to that.
Mr. Lateef: Well, I just talked with the City Clerk, and he don't know anything about it.
Vice Mayor Gort: Well, we'll get Mr. Waters with you, and he'll inform you when those steps
were taken, what motions were taken, and what was done. OK?
Mr. Lateef: Well, I thought that the Commissioners made the decision.
Vice Mayor Gort: Yes, we do.
Commissioner Plummer: We do.
Vice Mayor Gort: Thank you, sir. And he'll let you know when we made the decision. Thank
you. Item 14.
Mr. Lateef: But I... We still haven't gotten any information on that. Looks like we would have
got a letter or something, some information.
Vice Mayor Gort: Sir, he'll get it to you now.
Vice Mayor Gort: Item 14.
Unidentified Speaker: Thirteen... 14.
Commissioner Plummer: Mr. Vice Mayor...
I Mr. Lateef: If I don't get the information, I'll be back, sir.
j
89 May 23, 1996
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19. (A) - ALLOCATE $800,000 FROM - CITY'S - STATE HOUSING -
INITIATIVES PARTNERSHIP PROGRAM AND/OR HOME
PROGRAM -- TO PROVIDE CONSTRUCTION FINANCING /
PERMANENT SECOND MORTGAGE FINANCING TO BAME
DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. --
CONCERNING DEVELOPMENT OF NEW HOPE / OVERTOWN 40-
UNIT AFFORDABLE HOMEOWNERSHIP PROJECT PLANNED
FOR DEVELOPMENT ON CITY -OWNED VACANT LAND (N.W. 6
& 8 STREETS BETWEEN N.W. 5 & 6 AVENUES, IN OVERTOWN
NET SERVICE AREA).
(B) HUSSAM IDDIN LATEEF REQUESTS TRANSCRIPT OF CURRENT
AND PRIOR COMMISSION MEETINGS.
(C) DIRECT ADMINISTRATION TO MAKE AGENDA AVAILABLE IN
ADVANCE ON FRIDAY IN ORDER TO ASSIST INTERESTED
PARTIES IN POSSIBLY ASCERTAINING ANSWERS TO
QUESTIONS REGARDING CERTAIN AGENDA ITEMS PRIOR TO
COMMISSION MEETING.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Vice Mayor.
Vice Mayor Gort: Yes, sir.
Commissioner Plummer: Reverend White had a death in his parish, which he has to get to, and
he's here on item 43. He's asked, as soon as possible, that that item be taken up so that he can
go and deal with the family.
Vice Mayor Gort: OK. Well, we need Commissioner Dawkins and Carollo here.
Commissioner Plummer: Huh? No, we don't have a quorum.
Mr. Cesar Odio (City Manager): No, it's 43, right? Or 14?
Commissioner Plummer: Forty-three is what Reverend White is looking for.
Mr. Odio: Fourteen takes 4/5ths.
Commissioner Plummer: Well, we don't have a... Here's Joe now. We have a quorum now.
Vice Mayor Gort: OK. We got a quorum now. Forty-three.
Mr. Manuel Gonzalez-Goenaga: Forty-three or 14?
Vice Mayor Gort: Yes, sir, 43.
Commissioner Plummer: Forty-three, Reverend White. Mr. Manager, is there any problem with
this?
Mr. Odio: Not to my knowledge.
90 May 23, 1996
Commissioner Plummer: I move item 43.
Mr. Odio: 1'd like to hear from... I think we should hear from Commissioner Dawkins, since it
is in Overtown, and I think that we deferred this, because he had to go to the CRA (Community
Redevelopment Agency), and I think that maybe you need to...
Commissioner Plummer: All right. I'm trying.
Vice Mayor Gort: Where's Commissioner Dawkins?
Commissioner Plummer: I don't know where Commissioner Dawkins is.
Vice Mayor Gort: OK, Reverend, we'll wait until he gets back.
Commissioner Plummer: All right.
Commissioner Dawkins: Here I am.
Vice Mayor Gort: Here he is.
Commissioner Plummer: Here he is.
Vice Mayor Gort: Commissioner Dawkins, Reverend White has requested... He has a death in
his parish, and he asked this to be taken out of order.
Commissioner Plummer: On item 43.
Vice Mayor Gort: On item 43.
Commissioner Plummer: We deferred it because you wanted it to be heard by the Overtown
Board. Now, have all of the things that you expected to be done been done? Then I move it.
Vice Mayor Gort: Is there a second?
Commissioner Carollo: Second.
Vice Mayor Gort: Second. Any discussion?
Mr. Gonzalez-Goenaga: Yes, a clarification.
Commissioner Plummer: This is not a public hearing.
Mr. Gonzalez-Goenaga: Resolutions are... Look, let me tell you, I don't know if we are... if I
am in a third world banana republic of Miami, in Cuba, or this is a democracy, and on
resolutions, we're allowed to speak. Please. And I know that you guys don't even pay attention
to what I say, but let's proceed according to law. Mr. Quinn Jones, III, am I allowed to speak on
this issue? Yes or no?
Vice Mayor Gort: Go ahead, sir. You got two minutes and let's hear it.
Mr. Gonzalez-Goenaga: Ten minutes, no, I don't need ten minutes.
Vice Mayor Gort: Two minutes. Not ten. Two.
91 May 23,1996
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Mr. Gonzalez-Goenaga: No, I normally take less.
Vice Mayor Gort: Fine. Go ahead.
Mr. Gonzalez-Goenaga: Because I don't like to push you.
Vice Mayor Gort: Excuse me, sir. I would prefer...
Mr. Gonzalez-Goenaga: I go right to the heart.
Commissioner Carollo: Manny, Manny.
Vice Mayor Gort: I would prefer... We treat you with a certain respect, and we expect the same
from you.
Mr. Gonzalez-Goenaga: Well, I have never gotten respect here, Commissioner.
Vice Mayor Gort: Well, I think you get some respect from this Commission, and I think you
should respect it as well.
jCommissioner Plummer: Well, wait, wait. Mr. Vice Mayor...
f
Mr. Gonzalez-Goenaga: Well, I have never been respected by the City Manager, the police, or
the Commissioners.
Commissioner Dawkins: You're using up your time. You're losing your time.
Mr. Gonzalez-Goenaga: Well, I have spoken...
Commissioner Plummer: Wait, wait, wait. We got to do something. Hold on. Enough.
Manny, you and I get along fine, and I want to keep it that way, but the way we're going, we're
not. You've spoken on almost every item that we've had here today.
Mr. Gonzalez-Goenaga: Is that illegal?
I
j Commissioner Plummer: That... If you used just the time allowed...
Mr. Gonzalez-Goenaga: Which I do.
jCommissioner Plummer: ... two minutes...
Mr. Gonzalez-Goenaga: Less.
Commissioner Plummer: ... for 80 items is 1.60 minutes.
Mr. Gonzalez-Goenaga: Do you know how much..?
Commissioner Plummer: Excuse me. A hundred and sixty minutes is better than - what? - four,
j three hours. All right? Now, there is absolutely no way that we can operate here for any single
individual taking up three hours of our time in a day. Now, what I...
Mr. Gonzalez-Goenaga: You know how many...
Commissioner Plummer: May I finish?
92 May 23, 1996
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Mr. Gonzalez-Goenaga: Yes. And I will answer.
Commissioner Plummer: I would strongly suggest, Mr. Manager, that you make an agenda
available to him in advance, let him ask any questions that he wants in advance, get his answers
in advance, and if, in fact, he then still has a problem, then he can come.. But a great deal of the
time - of our time that he is taking up - is asking the questions, waiting for answers, waiting for
documents. And all I'm saying is, I don't think that we can sit here and continue to sit here with
one individual having three hours of our time. Now, I don't want to deny him or anyone the
right to answers. But it doesn't have to be just because it's before TV cameras. Now, I realize
he's running for election in Metro -Dade County, and this is giving great exposure, and I have no
problem with that. We all do that kind of a game. But I'm just saying, amen, we've got to come
to something of realization.
Mr. Gonzalez-Goenaga: I understand your position...
Vice Mayor Gort: Excuse me, excuse me a minute, sir. Yes, Commissioner Dawkins.
Commissioner Dawkins: Mr. City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Commissioner Dawkins: Does the Charter give this gentleman the right to speak two minutes on
every item on the agenda?
Mr. Jones: First of all, the Dade County Bill of Rights gives any citizen the right to speak on any
item that's on the agenda. Our rules of procedure... The Commission's rules of procedure limits
any presentation or response to an item to two minutes
Commissioner Dawkins: OK. So there... You see... OK.
Mr. Jones: To answer your question, yes, he has a right to speak for two minutes on an issue.
Commissioner Dawkins: Thank you. So he's within his rights. And if we tell him he cannot
speak two minutes, and he goes and gets the ACLU (American Civil Liberties Union) and comes
in here, I have a problem. Right?
Mr. Jones: That is correct.
Commissioner Dawkins: Thank you, sir.
Mr. Jones: The caveat is, though...
Commissioner Plummer: Commissioner, for the record, I am not in any way trying to deny him
his rights. What I am trying to do is to alleviate the problems that he comes here with prior to
the meeting, and in that way, hopefully, he can get his questions, he can get his answers, and
still, hopefully, save a great deal of time.
Mr. Gonzalez-Goenaga: Now, I will answer that, that I fully agree with you, provided that I am
assigned a knowledgeable person who can answer my questions, because Mr. Odio, he has
accused me of stalking him, like if I was... if he were my lover and he took me to domestic
violence court. So, I mean, let's talk business and serious things.
Vice Mayor Gort: OK.
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May 23, 1996
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Mr. Gonzalez-Goenaga: I mean, if he doesn't like me, I don't...
Commissioner Plummer: What I would suggest, Mr. Vice Mayor, is that the agendas are made
available on Friday afternoon, that his be made available here at City Hall Friday afternoon, that
he put his questions in writing over the weekend, and then Monday, hopefully, you will get that
list, and you can put them to bed and put them to rest.
Vice Mayor Gort: OK.
Mr. Gonzalez-Goenaga: I agree with that, even though I am relinquishing my right to speak.
Vice Mayor Gort: Go ahead, sir.
Mr. Gonzalez-Goenaga: And I would like, also, to know if the same issue can be... the
Commissioners can be limited to the same amount, because most of the time, a lot of time is
spent here because the Administration doesn't provide the Commissioners enough material, and
I... Let me tell you something. If it is not provided to the Commissioners, how can you expect it
to be provided to the private citizens? This is... And I have always spoken about disclosure,
disclosure, disclosure. Honest and fair disclosure. And I even have said here that if they... If he
wants to steal City Hall, he can do it. No problem, provided he tells us ahead of time. Thank
you very much.
Vice Mayor Gort: Thank you. Anyone else? Yes, ma'am.
Ms. Rosa Green: My name is Rosa Green. I reside at 415 Northwest 6th Street, Miami, which is
located in the Overtown area. And I'm here... And I guess I'm here just on instinct. But as I
read this resolution, they're contemplating a 40-unit affordable home ownership project. That
area is known as Overtown, and I can certainly justify that name, because that's an area which
you, the City Commissioners or County Commissioners have certainly looked over us. I happen
to reside in a place called South Gate - I think it was South Gate Towers - that was supposed to
be - they're townhouses - and they were supposed to be built for people who could afford them.
However, they consist of attorneys and ex -judges and what have you. Only four of the original
people are there now that initially bought those houses. My reason for being here today is to say
to you, there are some very pertinent and some very important things that is necessary to be done
in the Overtown area, basically, if you're going to go into building houses for someone to own.
The people that live there now, 95 percent of them are on or living in public housing, Section 8.
So... My time is up?
Commissioner Dawkins: No. You got 26 minutes.
Vice Mayor Gort: You got twenty-six.
Ms. Green: OK. Well, what I'm trying to say to you, you need to do first things first. I would
challenge some of you Commissioners that we put into the office to drive, just drive through the
Overtown area and look how filthy and dirty it is. Our children don't have decent places to go.
On Saturdays... Saturdays and Sundays, I'm home, trying to get rest, and they got U-Haul trucks
that come there with 2,000 watt boom -boom, and our children are in the street trying to enjoy
themselves. They don't have a recreation area. The parks are filthy. There's nothing there but
raggedy chairs for them to sit in. And I, a retired teacher... And teaching came to me very late
in my life. I went back. I never been on welfare, and I don't get food stamps. But I went back
and got my education. I don't have anywhere to really go and enjoy myself. I mean, like
recreation for senior citizens. So instead of talking about eight hundred thousand dollars
($800,000) to build something that you know people can't afford over there... Maybe you're
94 May 23, 1996
1
talking about the rich afford it, and if they can afford it, they're not going to come there in that
filth. I live there because I have no choice. So please, Commissioners, think, rethink. Most
people that want to build them don't live over there. So sometimes, you need to try to get our j
consensus, those of us who live there, because we have no choice. I thank you.
Vice Mayor Gort: Thank you, ma'am.
1 Commissioner Dawkins: Before you sit down, Mrs. Green, I recommend...
a
Ms. Green: Yes, sir, Mr. Dawkins.
Commissioner Dawkins: We aren't going to have an argument, Reverend White. OK?
Because... Now, I would suggest that you sit down or lose my vote. OK? All right. Thank you,
sir. Now, Mrs. Green...
Ms. Green: Yes, sir.
Commissioner Dawkins: ... I suggested to Reverend White that Reverend White meet with the
Overtown Advisory Board.
Ms. Green: He hasn't.
Commissioner Dawkins: The gentleman came in... I left there. He had the plans and all at the
Overtown Advisory Board. What was the vote taken by the Overtown Advisory Board?
Ms. Green: There was no vote, to my knowledge, sir, and I have been attending each meeting
the third Thursday of every month.
Commissioner Dawkins: So therefore, no vote means a consensus.
Ms. Green: I mean, nobody have even...
Commissioner Dawkins: OK. No problem. Ms....
Ms. Green: ... asked us to vote.
Commissioner Dawkins: Let me tell you what 1 told Reverend White, and I'm going to tell all of
you. This eight hundred thousand dollars ($800,000) is seed money, for the lack of a better
word. Once they... They have to go before the Planning and Zoning Board, the have to submit
their plans, and at that time, all of this will be worked out. Now, if they... you in the community
feel that the 40 units are not affordable, then at that time, when they're at the planning stage and
what have you, that's the time for you to complain and say that we, Overtown, don't want this.
OK?
Ms. Green: May I say one word, Mr. Dawkins?
Commissioner Dawkins: Yes, ma'am.
Ms. Green: Most of the time when those meetings are held, I have no knowledge of them. I
don't even know. And not only that, speaking about this agenda, I didn't even get that until I
came here today. I went to the NET (Neighborhood Enhancement Team) office three or four
times, and nobody had it.
Commissioner Dawkins: Mrs. Green, Mrs. Green, I'm saying to you again...
95 May 23, 1996
r
Ms. Green: Yes, sir. Yes, sir.
Commissioner Dawkins: forget about yesterday.
Ms. Green: Yes, sir.
Commissioner Dawkins: Let's think about today. It's what we're going to do tomorrow. OK?
Ms. Green: Yes, sir.
Commissioner Dawkins: And tomorrow, we will address the issues, and when we come here,
Reverend White will have a package, and if you have some complaints, you'll have a pack, and
we will have worked them out, and we'll move forward.
Ms. Green: Thank you so much.
Commissioner Dawkins: All right. Thank you. Call the roll.
Vice Mayor Gort: OK. Yes, sir.
Mr. Hussam Iddin Lateef: You just told me that that item was voted on. I was here at the last
meeting. It wasn't voted. It was deferred. Now, I'd like to know... What I'd like to get is a
transcript of the last meeting. I haven't been able to get that in 30 days. I been requesting it. I
haven't been able to get it, and I'd like to get a transcript of this meeting.
Vice Mayor Gort: OK. You get in touch with my office. We'll get it for you. OK?
Mr. Lateef: When would I have it? When could I get it?
Commissioner Plummer: Sir, what program do you represent?
Commissioner Dawkins: Himself. Mr. Lateef.
Mr. Lateef: Yes, sir.
Commissioner Dawkins: Do not request the total transcript. Pick the item that you are
concerned about, and pull that item. You do not need to read everything...
Mr. Lateef: I want the total transcript for my own information.
Commissioner Dawkins: OK.
Mr. Lateef: And I will pay for it.
Vice Mayor Gort: OK.
Mr. Lateef: OK? And from this meeting also.
Vice Mayor Gort: At the Clerk's office, they'll provide a transcript.
Mr. Lateef: She hasn't got it in 30 days. I been requesting it for 30 days, and she haven't gotten
it yet.
96 May 23, 1996
Vice Mayor Gort: She'll make it available for you as soon as she has it, sir.
Mr. Lateef: What about this meeting?
Vice Mayor Gort: This meeting, when they have it, they'll get it for you. OK? Thank you.
Mr. Lateef: I hope it don't take another 30 days.
Vice Mayor Gort: Let's vote on it.
Commissioner Plummer: What program does he...
Vice Mayor Gort: Call the roll.
Commissioner Plummer: What program is he? He applied for Federal funds. I'm asking, what
was the name of his program that he's applying under?
Mr. Elbert Waters (Director NET/Community Development): I can get that information,
Commissioner Plummer.
Commissioner Plummer: OK. Thank you.
Vice Mayor Gort: Call the roll.
{
Commissioner Dawkins: I think...
AST,• 111.4or T1nc moe� (F i4v (`larir�• T1n�� r•7��
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-320
A RESOLUTION, WITH ATTACHMENT, RELATING TO THE DEVELOPMENT OF
NEW HOPE/OVERTOWN ("PROJECT"), A 40-UNIT AFFORDABLE HOME
OWNERSHIP PROJECT PLANNED FOR DEVELOPMENT ON SEVERAL
PARCELS OF VACANT LAND UNDER CITY OWNERSHIP LOCATED AT
NORTHWEST 6TH AND 8TH STREETS BETWEEN NORTHWEST 5TH AND 6TH
AVENUES IN THE OVERTOWN NET SERVICE AREA BY BAME
DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC.; ALLOCATING
FUNDING IN THE AMOUNT OF $800,000 FROM THE CITY'S STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM AND/OR HOME PROGRAM FOR THE
PURPOSE OF PROVIDING CONSTRUCTION FINANCING AND PERMANENT
SECOND MORTGAGE FINANCING TO THE SPONSOR IN CONNECTION WITH
THE AFOREMENTIONED HOUSING PROJECT; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE APPROPRIATE LEGAL DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY FOR DISBURSEMENT OF SAID
FUNDING.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE AFTER ROLL CALL:
Commissioner Dawkins: I think, Commissioner Plummer - but please do not hold me for the
gospel - I think Mr. Lateef submitted a proposal to the CDBG funding group for money to start
an employment type program in Overtown, and it was denied.
Commissioner Plummer: OK. Thank you.
Commissioner Dawkins: I think so, now.
Vice Mayor Gort: I think that's what it was, too.
N�
----------------------- ----------------------------------------------------------------------------------------
20. RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE COMPETITIVE
SEALED BIDS -- APPROVE PURCHASE OF PARTS / MATERIALS FOR
SOLID WASTE CRANES -- FROM J.E. POWER CORP. -- FOR DEPT. OF
GSA / SOLID WASTE, VEHICLE EQUIPMENT ADMINISTRATION --
ALLOCATE FUNDS ($4,885.10).
Vice Mayor Gort: Item 14.
Mr. Ron Williams (Assistant City Manager): Mr. Vice Mayor, this is to request ratification for
the purchase...
Commissioner Dawkins: So move. They got to have more parts to put those four people to
work.
Commissioner Plummer: Fourteen? Second.
Vice Mayor Gort: Because we need to pay that. It's been moved and seconded. Any further
discussion? All in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-321
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVING THE PURCHASE OF PARTS AND MATERIALS
FOR SOLID WASTE CRANES FROM J.E. POWER CORP., IN THE AMOUNT OF
$4,885.10; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION/SOLID WASTE, (GSA/SW), VEHICLE
EQUIPMENT ADMINISTRATION, FY 95-96 OPERATING BUDGET, ACCOUNT
NO. 420901-670, PROJECT NO. 509000.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
99 May 23, 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
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
21. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO RATIFY MANAGER'S EMERGENCY FINDING CONCERNING
PURCHASE OF 200 LITTER CONTAINERS FOR VARIOUS CITY
LOCATIONS FROM ANDURAN, INC., GRANART DIVISION, FOR DEPT.
OF GSA / SOLID WASTE -- ASSISTANT CITY MANAGER RON WILLIAMS
TO MEET WITH COMMISSIONER CAROLLO.
Vice Mayor Gort: Fifteen.
Commissioner Plummer: Move it.
Vice Mayor Gort: This is a ratification of an emergency purchase of 200 litter containers.
Commissioner Carollo: Why is this... I can't believe that this is also an emergency. I mean...
Mr. Ron Williams (Assistant City Manager): Commissioner, let me advise you how this came
up. We were with the Manager in the NET (Neighborhood Enhancement Team) office, touring
some of the neighborhoods, and on Southwest 8th Street, the merchants there, in particular,
thought that additional litter containers would help them help us keep the sidewalks, the curbs
and the streets much cleaner. The Manager at that point, and all of us, felt that we should
respond as quickly as possible and try to place these orders. As you notice, these would match
those big granite ones that are on the street.
Commissioner Carollo: Great, great. But how much are they coming to apiece?
Mr. Williams: Let me give you that number. I think it's...
Commissioner Carollo: Three hundred plus dollars?
Mr. Williams: Right.
Commissioner Carollo: No sealed bids, no competitive bids?
Mr. Williams: No, because... because particularly... Let me tell you, Commissioner, on this one.
Particularly, because we needed to match those that we do have out there with the blue tops.
And this particular vendor has the seals, has the imprints, could respond quickly, and place them
at a price cheaper than they've provided them to them before. We thought that...
100
May 23, 1996
�I
Commissioner Carollo: Then we got hit real bad before.
Mr. Williams: Well they...
Commissioner Carollo: I can't believe that we're going to be paying three hundred plus dollars
for containers.
Mr. Williams: They are made...
Commissioner Carollo: So people could just put garbage in.
Mr. Williams: They are major containers that have to be stable, they're heavy, they have to have
aluminum insides - I'm sorry - plastic insides.
Commissioner Carollo: But Mr. Williams, I mean, we're talking a total of seventy-three
thousand dollars ($73,000), three hundred plus dollars per container. I hope they're made out of
gold, or at least silver.
Mr. Williams: No, unfortunately, they're not.
Commissioner Carollo: I mean, this is absurd. And on top of that, it's an emergency ordinance.
I mean, no one realized that we needed additional containers, that we were missing them? It
seems that everything we're doing is an emergency. This is one that, frankly, you can't convince
me that we have to buy it right now, or the City's going to stop.
Mr. Williams: You're absolutely right. The City would not stop if we don't buy them right
now. We thought that we needed to respond as quickly to those merchants, to try and help them
with a particular problem, and therefore, we thought we should attempt to do it very quickly.
Commissioner Plummer: Move...
Commissioner Carollo: Well, I have a problem spending three hundred plus dollars for
containers.
Commissioner Plummer: So move on. Let's go to 16. I withdraw my motion. Come back with
it and go and resolve his problem.
Mr. Williams: We will...
Commissioner Carollo: You know, Ron, you need to come and talk to me...
Mr. Williams: We will do that.
Commissioner Carollo: ... so you could find someone that can provide trash containers cheaper,
even if you have to go to a different kind, because this doesn't make sense, whatsoever.
Mr. Williams: We will come and meet with you and work that out, Commissioner.
END OF DISCUSSION -- NO ACTION TAKEN
101
May 23, 1996
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----------------------------------------------------------------------------------------------------------------
22. (A) RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF 200
COMPLETE SETS OF POLICE PURSUIT VEHICLE DECAL
MARKINGS, 30 DAMAGED VEHICLE REPAIR KITS, AND
INSTALLATION SERVICES -- FROM TRIM LINE OF MIAMI, INC.
(UNDER DADE COUNTY BID 3635-5/93-3) -- ALLOCATE FUNDS
($37,485).
(B) DIRECT ADMINISTRATION TO INSTALL DECALS ON ALL
MARKED CARS WITHIN 30 DAYS.
Commissioner Plummer: I move item 16.
Vice Mayor Gort: Sixteen.
Commissioner Plummer: Move it.
Vice Mayor Gort: This is the decals for the police pursuit cars. Is there a motion?
Commissioner Plummer: I moved.
Vice Mayor Gort: Is there a second?
Commissioner Carollo: There's a second.
Vice Mayor Gort: OK. Any discussion?
Commissioner Plummer: I want to tell you that if I don't see some... Let me tell you, I'm
going... If I find one of those cars out there without...
Mr. Cesar Odio (City Manager): They are over 70 percent of the fleet right now, 70 percent.
Commissioner Plummer: Mr. Manager, I'm going to give you 30 days, like I told the Chief.
.And when I see one of those Chevies or Fords out there without a police identification on the
side, I'm going to be in here raising hell. OK?
Commissioner Dawkins: That's nothing unusual.
Commissioner Plummer: I don't want to ever have anybody call me again and tell me one of my
police cars...
Commissioner Dawkins: And you raise hell, and nothing happens.
Commissioner Plummer: ... was in Disney World, because I know they don't live there.
Mr. Manuel Gonzalez-Goenaga: May I?
Vice Mayor Gort: Yes, sir.
Mr. Gonzalez-Goenaga: What about the 30 damage repair kits? What's the use of that? How
many police cars are damaged right now, out of the total? What percentage? Because we buy
102 May 23, 1996
for you guys new cars and rent cars every year. Let's face it. My car is, since 1980, and it's still
in good shape, because it's my car, I have to pay it. But the policeman don't have to pay. We
pay. That's the big difference. Let's make them responsible for their own cars. If they take it
home, they must well fix it, if they get damaged. Oh, heavens, it's about time we stopped
playing games with our money, you know? Thank you.
' Vice
e.iMayor Gort: OK. Any further discussion? Hearing none, all in favor, state so by saying
The Commission Collectively: Aye.
I
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-322
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY AND APPROVING THE ACQUISITION OF TWO
HUNDRED (200) COMPLETE SETS OF POLICE PURSUIT VEHICLE DECAL
MARKINGS, THIRTY (3) DAMAGED VEHICLE REPAIR KITS AND
INSTALLATION SERVICES FROM TRIM LINE OF MIAMI, INC., UTILIZING
DADE COUNTY BID NO, 3635-5/93-3, AT A TOTAL PROPOSED AMOUNT OF
$37,485.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 420902-880,
PROJECT NO. 509000, FOR SAID ACQUISITION; FURTHER, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF AN
EMERGENCY PURCHASE ORDER 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 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark.
May 23, 1996
I
----------------------- ----------------------------------------------------------------------------------------
23. RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE COMPETITIVE
SEALED BIDS -- APPROVE REPRODUCTION OF BID DOCUMENTS FOR
THE TOWER THEATER REHABILITATION PROJECT -- BY T-SQUARE
EXPRESS -- FOR PUBLIC WORKS DEPT. -- ALLOCATE FUNDS ($7,500)
FROM CIP 321038.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Seventeen has been...
Commissioner Carollo: Seventeen, we deferred.
Commissioner Plummer: I move 18.
Vice Mayor Gort: Eighteen. This is the document for the bid, document for the Tower Theater.
The first one, if you all recall...
Commissioner Plummer: I move it.
Vice Mayor Gort: ... is over budget, and it has been changed so that they could get it in. Is there
a motion? Is there a second?
Commissioner Plummer: I moved it.
Commissioner Carollo: Amount not to exceed seven thousand five hundred ($7,500). Correct?
Vice Mayor Gort: Correct.
Commissioner Plummer: Right.
Commissioner Carollo: Second it.
Vice Mayor Gort: OK. It's been moved and seconded.
Commissioner Plummer: I vote aye.
Vice Mayor Gort: All in favor, state so by saying "aye."
The Commission Collectively: Aye.
4
4
i
i
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-323
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 AN EMERGENCY, WAIVER OF THE
REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVAL
FOR THE REPRODUCTION OF BID DOCUMENTS FOR THE TOWER THEATER
REHABILITATION PROJECT BY T-SQUARE EXPRESS FOR THE DEPARTMENT
I OF PUBLIC WORKS; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 321038, IN A AMOUNT NOT TO EXCEED
$7,500.00; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
If REPRODUCTION SERVICES.
Here follows bodyof resolution, I Clerk.) on, omitted here and on file m the Office of the City
i
i 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
`I
105 May 23, 1996
r
101
----------------------------------------------------------------------------------------------------------------
24. (A) RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE EMERGENCY
CONTRACTING OF GOODS / SERVICES FOR SPECIALTY
ITEMS -- FROM (1) MARDAN FABRICATORS -- FOR SUPPLY ! i
INSTALLATION OF TICKET BOOTHS ($51,800), (2) TROPICAL
SYSTEMS, INC. -- FOR SUPPLY / INSTALLATION OF ROLL -UP
DOORS ($45,994), (3) DESIGN AWNING STRUCTURES -- FOR {
SUPPLY / INSTALLATION OF CANOPIES WITH FRAMES
($149,566), (4) MERCEDES ELECTRIC SUPPLY ,/ CONSOLIDATED
ELECTRIC SUPPLY -- FOR SUPPLY OF HIGH MASTS, POLES &
LIGHTS ($1.24,182), (5) SOUTH DADE ELECTRIC SUPPLY !
PARAMOUNT ELECTRIC DISTRIBUTION -- FOR SUPPLY OF
PROMENADE LIGHTING ($77,172), (6) VENECON, INC. -- FOR
STRUCTURAL WORK / REPAIRS / MISCELLANEOUS
ELECTRICAL WORK ($36,110), AND (7) SOUTH DADE ELECTRIC
SUPPLY -- FOR CANOPIES LIGHTING SYSTEM ($27,480) -- FOR
ORANGE BOWL MODERNIZATION PHASE 111, SUPERBLOCK
DEVELOPMENT - SOUTH B-6249 -- ALLOCATE FUNDS
($512,304) FROM CIP 4.04240.
(B) DISCUSSION REGARDING POSSIBILITY OF FUNDING PARK
RENOVATIONS THROUGH MIAMI SPORTS AND EXHIBITION
AUTHORITY MSEA BUDGET.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Nineteen, Orange Bowl Modernization, Phase III, Superblock Development...
Commissioner Plummer: Move it.
Vice Mayor Gort: ... South resolution.
Commissioner Carollo: Move it.
Commissioner Plummer: Second.
Commissioner Dawkins: What does this have... OK, second, under discussion. What does this
have to do with being ready for the soccer tournament again? Like this morning, you had me
pass a half a million dollars because you need lighting and you needed this and that, because the
Olympics were going to play soccer in the Orange Bowl
Mr. Cesar Odio (City Manager): This is the parking.
Commissioner Dawkins: Now, what does this have...
Mr. Waldemar Lee (Assistant City Manager): This is the South end.
Commissioner Dawkins: How is this going to enhance the soccer playing?
Mr. Lee: Commissioners, this is for the south parking lot, that is under development right now.
This amount includes all the new ticket booths, which will be installed, the roll -up doors, the
awnings for the ticket booths. We're providing 100 foot light poles for the parking areas,
promenade lighting, and electrical work.
106 May 23, 1996
I
Commissioner Dawkins: How much has the City spent already on the fencing, other paving,
other improvements to the parking already? How much have we spent as of today?
Mr. Lee: OK. In the north side, it was approximately a million -four, Commissioner.
Commissioner Dawkins: OK. That's the north side.
Mr. Lee: Yes, sir. And the south side, approximately a million -five. It was a total of two point
nine million ($2.9 million) allocated for the both areas.
Commissioner Dawkins: See, now, see, you're doing what everybody else does to me, see?
Allocations around here mean nothing. It's what the final cost is. Now, what did we spend? I
don't care what was allocated.
Mr. Lee: We will spend under what was budgeted, sir.
j Commissioner Dawkins: How much under?
Mr. Lee: We'll be about a hundred...
Commissioner Dawkins: If you're going to spend under, you don't need this.
Mr. Lee: We will be about a hundred...
Commissioner Dawkins: No, wait a minute. If you're going to spend under what you already
have, then I don't have to approve this. Give me a break.
Mr. Lee: No. This includes it, sir.
Commissioner Dawkins: Huh?
Mr. Lee: You're saying if I'm going to be over what was budgeted...
Commissioner Dawkins: No, no, no. I did not say that. Let's go back to you and I understand
each other. How much have we spent on the fence, the sod, the paving and the striping of the
parking around the Orange Bowl?
Mr. Lee: Under contract, signed, including... two point nine... two point eight million ($2.8
million).
Commissioner Dawkins: Two point eight million ($2.8 million).
Mr. Lee: Yes, sir.
Commissioner Dawkins: Now, and we're going to spend another half a million here, which
pushes us to three point three million.
Mr. Lee: That's included, sir.
Commissioner Dawkins: OK. Now, yet, I have Clemente Park that's not ready for the summer.
I got Shenandoah Park not ready for the summer. I have Williams Park not ready for the
summer. And I have all these parks where kids should be going. And Ms. Armbrister's park is
not ready for the summer. But yet, nobody comes in here with an emergency and tells me you
i
107 May 23, 1996
need "X" number of dollars to bring these parks up, so that when school lets out, we've got a
deterrent to put these kids into. But you come here and tell me that you got to park some grass...
pave some grass and stuff for people to park on. It will not hurt to park their cars on grass a little
longer. Now, if you have a... No, let me ask first. Do you have this million dollars, Mr.
Manager?
Mr. Odio: Yes, sir.
Commissioner Dawkins: I mean this half a million dollars.
Mr. Odio: Yes, sir.
Commissioner Dawkins: I move this half a million dollars be spent on improving the parks in
the City of Miami before the summer starts. I so move.
Mr. Odio: We already... I wanted to say that we already... This project is underway,
Commissioner.
Commissioner Dawkins: What?
Mr. Odio: The project that is here today is underway.
Commissioner Carollo: They spent the money already.
Commissioner Dawkins: It has no business... That's what I'm saying. You had no business
being on the way...
Mr. Odio: We came here...
Commissioner Dawkins: ... and being done until you... until you... And it's not your fault, Mr.
Manager, OK?
Mr. Odio: We...
Commissioner Dawkins: It's not your fault. Hold it, now.
Mr. Odio: Well, it is my fault.
Commissioner Dawkins: It is, you're right, because we've been having meetings and not going
through full meetings.
Mr. Odio: We...
Commissioner Dawkins: OK. I made a motion. And if it does for the lack of a second, I don't
have a problem with it. OK?
Commissioner Carollo: Yeah.
Mr. Odio: The only way we could have this ready for... the Orange Bowl ready for this summer
was to go through this process.
Commissioner Carollo: Mr....
Commissioner Dawkins: But you do not need parking for... to play soccer on.
108 May 23, 1996
F
Mr. Odio: No, sir. You need parking...
Commissioner Dawkins: You just said this is for a parking area. That's what you told me. I'll
read it again.
Mr. Odio: It is for the parking.
Mr. Lee: Commissioner, Commissioner, may I just say one thing, make one statement?
Commissioner Carollo: I second Commissioner Dawkins' motion for the purpose of discussion.
Vice Mayor Gort: There's a motion and a second. Discussion, Commissioners.
Commissioner Carollo: Let's keep going on and see if we can find an amicable solution to this.
Mr. Manager, what other monies might you have that we could allocate for some of the other
parks in the City that we have a serious problem in?
Mr. Odio: We have spent... I remember in Hadley Park, we spent over three and a half million
dollars last year. We've been spending monies in every park that I know of. If there is a specific
project that the Commissioner is talking about, I should know, but I cannot pull money out of the
air like this now.
Commissioner Carollo: Can we do this? Can Commissioner Dawkins sit down with you...
Mr. Odio: By the way... Excuse me. This money is paid for by the Orange Bowl itself.
Commissioner Carollo: I realize that. But can...
Commissioner Dawkins: Wait a minute, hold it, hold it. Every penny that you have spent on the
Orange Bowl was paid for by the Orange Bowl itself, every penny?
Mr. Odio: No, sir.
Commissioner Dawkins: All right, then. So don't...
Mr. Odio: No, no. We got three hundred and ninety-nine thousand dollars ($399,000) from
the...
Commissioner Carollo: Sports Authority.
Mr. Odio: Miami Exhibition and Sports Authority.
Commissioner Carollo: Can Commissioner Dawkins sit down with you, and he identify for you
different parks that are truly in need, that we need to accomplish repairs for the summer? And if
we can't find any monies from anywhere in the City, can both you then come to an agreement
where he can come to the Sports Authority and make a recommendation, since we're saving a
tremendous amount of money on next fiscal year's budget? And then maybe we could pull some
additional monies from there for our parks.
Mr. Odio: That would be a great idea. That's a great idea.
Commissioner Carollo: Miller.
109 May 23, 1996
Commissioner Dawkins: I'll accept that as a friendly amendment, if you put in the proviso that
the City Manager and Miller Dawkins report back to the Commission for the Commission to
give directions as to what should be done. The City Manager is the Manager. The Commission
is the legislative end. And if you don't legislate for the Manager to manage, he does not have
anything to manage with.
Commissioner Carollo: You're absolutely correct.
Commissioner Dawkins: So don't send me to the Manager expecting me to sit down with the
Manager and accept what the Manager... I'll accept only what this board passes up here with a
unanimous decision. Now, if you add that...
Commissioner Carollo: Commissioner, I didn't mean it that way, sir.
Commissioner Dawkins: I know you didn't. I know it.
Commissioner Carollo: I meant that you would tell the Manager...
Commissioner Dawkins: No, I'll work with the Manager.
Commissioner Carollo: ... what you would think would be the appropriate solution to this, and it
would come back to us, as is the normal procedure, so that the full board can make a decision.
And it would require the City Commission to approve any additional monies that we can use
from MSEA, like we did before, so we would have to do that regardless.
Commissioner Dawkins: OK. Call the roll. Then I have a statement to make.
Commissioner Carollo: OK. So we're making an amendment that the maker of the motion
accepts it. And I will accept to second it. Is that correct, Commissioner?
Commissioner Dawkins: Mm-hmm.
Vice Mayor Gort: OK. Do you accept the amendment?
Commissioner Dawkins: Yes.
Vice Mayor Gort: OK. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 96-324
A MOTION DIRECTING THE CITY MANAGER TO WORK ALONG WITH
COMMISSIONER DAWKINS AND IDENTIFY $500,000 (POSSIBLY OUT OF
SAVINGS FROM THE 1995-96 MIAMI SPORTS AND EXHIBITION
AUTHORITY'S BUDGET) FOR NEEDED IMPROVEMENTS TO CERTAIN
DESIGNATED INNER-CITY PARKS WITHIN THE CITY OF MIAMI; FURTHER
DIRECTING THE MANAGER TO COME BACK ALONG WITH COMMISSIONER
DAWKINS WITH A REPORT FOR PARK IMPROVEMENTS FOR COMMISSION
APPROVAL.
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Dawkins: OK. You know, Mr. Manager...
Mr. Odio: Yes, sir.
Commissioner Dawkins: We are very good friends, and we will stay friends, but I get a little
miffed when you continue to shove Hadley Park at me, as if you're doing me a favor, or doing
something in Hadley Park.
Mr. Odio: No, I didn't mean it that way, Commissioner. I just want...
Commissioner Dawkins: All right, but I just have to let the record, you know... Hey, I can't
help it because J.L. Plummer does not live across the street from Hadley Park and I do.
Mr. Odio: Let me tell you...
Commissioner Plummer: Say what?
Mr. Odio: I'm very proud of... I'm very proud of what we did in Hadley Park, or Dawkins Pool
but...
Commissioner Dawkins: All right, OK, thank you.
Mr. Odio: ... I mean, we have balanced it out.
Commissioner Dawkins: OK. Thank you.
Commissioner Plummer: Yeah, but you promised me you were going to drown him.
111
May 23, 1996
Commissioner Carollo: I understand that.
t
Vice Mayor Gort: Item 20... Well, we need to make a motion on the Orange Bowl r
modernization. 1
t
Commissioner Carollo: That one passed now. 4
Vice Mayor Gort: I need a motion on the Orange Bowl.
Commissioner Plummer: I already made it.
Commissioner Carollo: There's a motion on the Orange Bowl
Vice Mayor Gort: There's a motion. Is there a second? Any further discussion? Hearing none,
all in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-325
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
OF AN EMERGENCY, WAIVER OF THE REQUIREMENT FOR COMPETITIVE
SEALED BIDS, AND APPROVAL OF THE EMERGENCY CONTRACTING OF
GOODS AND SERVICES FOR SPECIALTY ITEMS, FROM PROVIDERS AS
HEREIN SPECIFIED, FOR THE PROJECT ENTITLED: "ORANGE BOWL
MODERNIZATION PHASE III, SUPERBLOCK DEVELOPMENT - SOUTH, B-6249,"
IN THE TOTAL AMOUNT OF $512,304.40; ALLOCATING FUNDS THEREFOR
FROM THE CAPITAL IMPROVEMENT PROGRAM, FISCAL YEAR 1995-1996,
PROJECT 404240, INDEX CODE NO. 319302-830; FURTHER RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF
EMERGENCY PURCHASE ORDERS FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
r
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
25. DISCUSS AND TABLE (UNTIL 5:00 P.M.) PROPOSED ISSUANCE OF RFP
FOR UDP FOR DEVELOPMENT OF COMMERCIAL / RECREATIONAL
WATER -DEPENDENT FACILITIES, ETC. AT DINNER KEY BOAT YARD.
(See label 74)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Twenty. Item 20. RFP (Request for Proposals).
Mr. Cesar Odio (City Manager): No more emergencies. This is a request for authorizing the
issuance of an RFP and Unified Development Project for the City -owned waterfront property
known as the Dinner Key Boat Yard. I just want to say on the record, we have had some
requests, Commissioner Gort that - Vice Mayor - that...
Mr. Odio: If you want, it's up to you.
Vice Mayor Gort: Right, that this item be heard after five, so why don't we defer this. Let's
defer this till after five. We got a lot of calls from individuals.
Commissioner Carollo: That's fine, that's fine.
NOTE FOR THE RECORD: At this point, item 20 was tabled.
Commissioner Plummer: Can I ask a real quick question? How long before these bids come
back?
Mr. Odio: Ninety days.
Commissioner Plummer: It's going to take...
Ms. Diane Johnson: Ninety days.
Mr. Odio: Ninety days.
Commissioner Carollo: It's got to be 90 days.
i
113 May 23, 1996
1
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Commissioner Plummer: It's going to take them that long to read this damn thing.
Commissioner Carollo: Well...
Ms. Johnson: The front page is the most important part.
Commissioner Plummer: I can't believe... You're saying here, "We don't want you to bid." Go
ahead. I'm sorry.
----------------------------------------------------------------------------------------------------------------
26. (A) DEFER, RECONSIDER, AND RATIFY MANAGER'S FINDING OF
EMERGENCY -- WAIVE COMPETITIVE SEALED BIDS --
APPROVE REPAIR AND SECURITY OF PARKING LOTS 16 AND
17 (ADJACENT TO ADMINISTRATION BUILDING,' MIAMI
RIVERSIDE CENTER) -- FROM LOWEST
RESPONSIVE/RESPONSIBLE BIDDER -- ALLOCATE FUNDS
FROM CIP 311042.
(B) DIRECT ADMINISTRATION TO EXPLAIN, IN REPORT FORM,
HOW MUCH MONEY HAS BEEN SPENT ON RIVERSIDE
CENTER; HOW MUCH REMAINS TO BE SPENT; COST FOR
j ADDITIONAL FLOORS; PROJECTION FOR ADDITIONAL
PARKING; TIMETABLE FOR CONSTRUCTION OF PARKING
GARAGE ADJACENTTO RIVERSIDE CENTER, AND TIMETABLE
i FOR COMPLETION OF ENVIRONMENTAL CLEANUP.
-------------------------- -------------------------------------------------------------------------------------
t
Vice Mayor Gort: Item 21. j
Commissioner Plummer: Move it.
j Mr. Manuel Gonzalez-Goenaga: Yes.
Vice Mayor Gort: This is the emergency finding, City Administration Building...
Commissioner Plummer: Move it.
Vice Mayor Gort: ... Miami River Center. It's been moved. Is there a second?
Commissioner Dawkins: Wait a minute.
Commissioner Carollo: What is the... on number 21. !
! Commissioner Plummer: Twenty-one.
Mr. Cesar Odio (City Manager): These are the parking lots that we needed to do quickly behind i
the Administration... the MRC Center (Miami Riverside Center).
Commissioner Dawkins: I move...
Commissioner Carollo: So that the public can finally get some parking spaces.
j
114 May 23, 1996
;i
Commissioner Dawkins: I move...
Commissioner Plummer: I already did...
Commissioner Carollo: Are there any gates involved with this?
Mr. Odio: Wally, did we put gates on it?
Ms. Christina Cuervo (Assistant City Manager): Yes.
Commissioner Dawkins: Is there... You know, I move that this be deferred.
Commissioner Plummer: What? ;
Commissioner Dawkins: I move that this be deferred.
i Vice Mayor Gort: Twenty-one?
i Commissioner Dawkins: Yes, sir.
Vice Mayor Gort: OK.
Commissioner Dawkins: Until the Administration comes back to me, tell me how much money
has been spent on Riverside...
Commissioner Carollo: Second.
Commissioner Dawkins: ...and how much we got to spend, and don't keep shotgunning me with
every Commission meeting, I got to do something, and I don't know what you're spending.
Commissioner Carollo: I second.
Mr. Odio: Commissioner, you have a memo in your office that I delivered yesterday.
Commissioner Dawkins: Yeah, but it's pure...
Vice Mayor Gort: It's been moved. It's been moved and seconded to defer.
Commissioner Dawkins: ... pure verbiage, what I have in my office.
Vice Mayor Gort: All in favor, state so by saying "aye."
Commissioner Plummer: To defer?
Vice Mayor Gort: Aye, to defer.
Commissioner Carollo: To defer.
115 May 23, 1996
AAA) r41114)
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 96-326
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 21 (PROPOSEE
RESOLUTION TO WAIVE FORMAL COMPETITIVE SEALED BID PROCEDURES
FOR REPAIR AND SECURITY OF PARKING LOTS 16 .AND 17 ADJACENT TC
THE CITY ADMINISTRATION BUILDING, THE "MIAMI RIVERSIDE CENTER"'
UNTIL SUCH TIME THAT THE ADMINISTRATION EXPLAINS TC
COMMISSIONER DAWKINS HOW MUCH MONEY HAS BEEN SPENT ON THE
RIVERSIDE CENTER AND HOW MUCH MONEY REMAINS TO BE SPENT ON
SAME.
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Plummer: Yeah, I also want to make sure that this is deferred until you give
Commissioner Carollo a key to the gate.
Mr. Gonzalez-Goenaga: May I add something?
Commissioner Carollo: And may I add...
Mr. Gonzalez-Goenaga: For the first...
Commissioner Carollo: May I add that none of this is because of anything that I was wrongly
accused of doing.
Commissioner Plummer: I hear you.
Mr. Gonzalez-Goenaga: Remember...
Commissioner Carollo: So the distinguished reporter can get it right this time.
Commissioner Plummer: I hear you.
Mr. Gonzalez-Goenaga: Well, now we...
Vice Mayor Gort: OK, sir.
Mr. Gonzalez-Goenaga: Yes.
Commissioner Plummer: Where are we?
116 May 23, 1996
Mr. Gonzalez-Goenaga: I agree with the motion to defer, but I would like also to know, as a
member of the citizens, the owners of the City, on that beautiful, expensive building, how many
parking lots do the citizens really have, after all these expenses, in order for us to attend City
business in that building? How many parking lots available to the owners of the City? Not to
the...
Commissioner Carollo: Manny, Manny, hold on for a second. And you're bringing out a very
good point that is what's really upset me. Mr. Manager, there is no reason in the world why,
during working hours, the parking garage at the new Administration Building should have the
gates closed, and there is no reason in the world why we cannot allocate some spaces right now
inside of that parking garage to the public.
Mr. Odio: We did.
Commissioner Carollo: Do we have a gate out here to block Dinner Key out? We don't.
Mr. Odio: No, but we've done the same thing that the... that the County did with their
Administration Building. The County does not provide... and they have 29 floors. They do not
provide one parking space.
Commissioner Carollo: Well, we're not the County. We're not the County. We're the City of
Miami. And the City of Miami should be providing parking spaces in our garage to the public,
and that garage should be fully open to the public during working hours. I understand after
working hours, it would be prudent for security reasons to have the gates closed. But during
working hours, I cannot imagine, for the life of me, why we need to have the gates closed in that
garage.
Mr. Odio: We need to, according to union contracts, to provide a parking space for employees
as... Before...
Commissioner Dawkins: But it did not say in the building. It did not say in the building.
Commissioner Carollo: No.
Mr. Odio: Let me finish, Commissioner. Before...
Commissioner Dawkins: OK, no, no. But I want... Did it say in the building?
Mr. Odio: No. No. Before we moved to that building, we were paying fifty or sixty dollars
($50 or $60) a month per employee in parking garages, because that's what the contract called
for. We provided the parking spaces there at no cost to the employees, and we're saving, per car,
fifty dollars ($50) a month. Now, that garage was earmarked for the employees. That's why
only employees can get in. And we also allowed the handicapped people to use the parking
garage. Mr. Gonzalez qualifies, so he can get in. Everybody else, we decided to have parking
lots 17 and 16 for the public, and also, there's another parking block further up the street.
Commissioner Carollo: Yeah, but you misunderstood what I said.
Mr. Odio: Yeah.
Commissioner Carollo: I want public parking spaces for the public inside the garage also. At
the same time...
Mr. Odio: We won't have enough for the employees.
117
May 23, 1996
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t
Commissioner Carollo: Well, you're going to have to have some employees go to the garages
that we're approving now, so they can park there, even if you've got to rotate it every month so
that not all the same people are inconvenienced. But furthermore... This is what I want to be
done if the Commission approves now, but furthermore, I'd like to see a report of two things.
How much would we have to spend to build additional floors on top of that present garage that
we have there now? I think it should be able to hold at least one or two more floors.
Mr. Odio: We can add two more floors.
Commissioner Carollo: And I need to get back for the next meeting how many additional
parking spaces can we build there, at what cost. Secondly, in the land right adjacent to the new
building that's under sod right now, under grass, how soon can we construct a parking garage
there, or at least just surface parking? I understand that there's some problems with that land,
but I'd like to get a report on it, if we could at least do surface parking there.
Mr. Odio: Fine. When we own the... We don't own the land yet. We are waiting for the...
Vice Mayor Gort: Well, I think what he's requesting is you come back with a written report of
what's available, what can be available in the future, and what future plans we can add to. I
think that's...
Mr. Odio: I have no problem with that. It's just a matter of owning the land. We...
Commissioner Carollo: When will we own that land? I thought we did.
Mr. Odio: No. We refused to close on that property until they have complete cleanup of the
environmental problems they had there. When they finish cleaning it up...
Commissioner Carollo: But was this part of the main building, too, of the same contract?
Mr. Odio: Yeah. We bought the building and three parcels.
Commissioner Carollo: Right.
Mr. Odio: We left that one out, and the money has been set aside until they clean up the
property.
Commissioner Carollo: OK. How much did we set aside for that?
Mr. Odio: A million -eight. One point eight.
Commissioner Carollo: One point eight?
Mr. Odio: It's there. It's waiting for them to clean up. When they finish cleaning up, we'll pay.
If they don't clean... If they didn't clean up, we will take the money back. But they chose to
clean up.
Commissioner Carollo: Well, give us a report by when they'll be cleaning that up, because we
could put, I believe, a couple of hundred parking spaces, at least, in there.
Mr. Odio: I'd rather, if I may, put the visitors parking spaces there and...
Commissioner Carollo: That would be the ideal location.
118
May 23, 1996
i
I
Mr. Odio: ... and not mess around with the garage.
Commissioner Carollo: Well, that would be ideal because it's right next... it's even more
convenient, I think. But it's not available now. So that's why I'm saying to make space
available in the garage now.
Mr. Odio: That's why were were doing these other two lots, so... to provide... It provides how
many parking spaces? Two hundred. And the lots that we have had there for years that were not
used...
Commissioner Carollo: Yeah, but those lots, Cesar, are at least a block or more away.
Mr. Odio: No, they're right behind the building.
Vice Mayor Gort: They're right behind the building.
Commissioner Plummer: Right behind it.
Mr. Odio: They are right behind the building.
Commissioner Carollo: Yeah, but it's approximately a block to walk from there to the building.
jMr. Odio: OK. Yes.
Commissioner Carollo: And I don't think it's fair to make the public walk that much.
Mr. Odio: We're having the... The employees that drive City cars have to park back there.
Vice Mayor Gort: Commissioner Dawkins.
Commissioner Plummer: Well, just for me.
Commissioner Dawkins: How many... How many...
Vice Mayor Gort: Excuse me. Commissioner Dawkins.
Commissioner Dawkins: No, no, no. You out of order, J.L. The Mayor gave me the floor, so
would you keep quiet until I'm finished.
Commissioner Plummer: If you hurry up.
Commissioner Dawkins: OK. Thank you, sir. How many parking spots can be put on 16 and
17, approximately?
Mr. Odio: Two -thirteen.
Commissioner Dawkins: Two -thirteen. How many parking spaces are in the garage?
Mr. Odio: Five hundred and twenty... five -twenty-three.
Commissioner Dawkins: All right. When you come back, I'll be making a motion that you
move two hundred and whatever, including my office, out of that building to that parking where
citizens coming to do business in the City of Miami, as Joe said, will not have to walk two
blocks in the rain to get to City Hall... get there to do their business.
119 May 23, 1996
N
Mr. Odio: Well, then, do you mind approving 21, then, so we can go ahead and...
Commissioner Dawkins: Beg pardon?
Mr. Odio: Could you approve 21, then, so we can finish the parking lots? If you don't approve
that, we...
Commissioner Dawkins: OK. Now, wait. OK. I will approve 21 if the City Attorney goes...
sends somebody in the back, amend this to say that by approving 16 and 17, every parking lot
that is available, somebody will be moved out of the electric chair parking lot, and moved to
here, and that space will be freed up for the citizens. I will move it.
Commissioner Carollo: OK. Yeah.
Vice Mayor Gort: OK. We're back on 21, and that's the motion made by Commissioner
Dawkins. Is there a second?
Mr. Odio: May I add...
Vice Mayor Gort: Excuse me. Is there a second to the motion?
Commissioner Carollo: Second.
Vice Mayor Gort: It's been seconded. Any discussion?
Commissioner Plummer: All right. Fully under... I want to understand what he said, OK? Give
it to me. Just read me the motion, Mr. Clerk, as you have it.
Commissioner Dawkins: OK. The motion is we approve the sealed bid for the repairs and
security of parking lots 16 and 17.
Commissioner Plummer: That's item 21.
Commissioner Dawkins: And that the number of spaces that will be provided, parking spaces at
16 and 17 be assigned to City employees who are now parking in the Center garage, and be
made available for the citizens of the City of Miami so that they do not have to walk in the rain
and the sun and what have you, and let us, who are employed by the City, who have time to sit in
the car and wait till it stops raining to come to work. That's my motion.
Commissioner Plummer: Fine.
Vice Mayor Gort: OK. Any further discussion? Yes, sir.
Mr. Fred Joseph: Fred Joseph, 1717 North Bayshore Drive. I had the pleasure of trying to bid
on an RFP (Request for Proposals) in the that facility. Is not Florida Power & Light staff still
! parking there and coming across the street?
Commissioner Plummer: No, not to my knowledge.
Commissioner Dawkins: Say what, now?
Vice Mayor Gort: That's not my understanding.
120 May 23, 1996
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Mr. Joseph: That... Wasn't that in there? OK.
Vice Mayor Gort: My understanding... No.
Mr. Eduardo Rodriguez (Director, Asset Management): Only City employees are.
Mr. Joseph: All right. Thank you.
Vice Mayor Gort: OK. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following motion and resolution were introduced by Commissioner Dawkins, who moved
their adoption:
MOTION NO. 96-327
A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA ITEM 21
(PROPOSED RESOLUTION TO WAIVE FORMAL COMPETITIVE SEALED BID
PROCEDURES FOR REPAIR AND SECURITY OF PARKING LOTS 16 AND 17
ADJACENT TO THE CITY ADMINISTRATION BUILDING, THE "MIAMI
RIVERSIDE CENTER").
RESOLUTION NO. 96-327.1
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF
THE CITY COMMISSION WAIVING FORMAL COMPETITIVE SEALED BID
PROCEDURES FOR THE REPAIR AND SECURITY OF THE PARKING LOTS 16
AND 17 LOCATED ADJACENT TO THE CITY ADMINISTRATION BUILDING,
THE "MIAivII RIVERSIDE CENTER," IN MIAMI, FLORIDA; RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN
EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID SERVICES;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE
AND RESPONSIBLE BID FOR SAID SERVICES AT PARKING LOTS 16 AND 17;
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 311042 AS
APPROPRIATED BY THE 1995-1996 CAPITAL IMPROVEMENT ORDINANCE NO.
11337, AS AMENDED, IN AN AMOUNT NOT TO EXCEED $23,000.00 FOR SAID
REPAIR OF THE PARKING LOTS 16 AND 17; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
121 May 23, 1996
Upon being seconded by Commissioner Carollo, the motion and resolution 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
27. RECONSIDER PRIOR DECISION TO WITHDRAW AGENDA ITEM CA-12 --
AUTHORIZE INSTALLATION OF SECURITY GATES ($49,000) -- FOR
MIAMI RIVERSIDE CENTER PARKING GARAGE AND SURFACE
PARKING LOTS 16 & 17, ADJACENT TO RIVERSIDE CENTER -- BY OFF-
STREET PARKING DEPT. -- INCREASE AGREEMENT ($9,000) WITH
PRIME ELECTRICAL CONTRACTORS, INC. FOR ELECTRICAL SERVICE
AT RIVERSIDE CENTER -- FOR INSTALLATION OF ELECTRICAL
POWER / COMPONENTS FOR OPERATION OF SECURITY GATES.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Now, the Manager just showed me that by approving 21, I have to go
back and reinsert CA-12.
Mr. Eduardo Rodriguez (Director, Asset Manager): That's right.
Commissioner Dawkins: Because CA-12 is a companion, to add security gates to the parking
lots for the security of the cars and what have you there. So if that's agreeable with the rest of
the Commissioners, I will move CA-12.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Carollo: There's a second.
Commissioner Plummer: Yeah.
Vice Mayor Gort: OK. Any discussion? Being none, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
122 May 23, 1996
`VOVN�
ro 9
The following motion and resolution were introduced by Commissioner Dawkins, who moved
their adoption:
MOTION NO.96-328
A MOTION TO RECONSIDER PRIOR WITHDRAWAL OF CONSENT AGENDA
ITEM 12 (PROPOSED RESOLUTION TO AUTHORIZE THE INSTALLATION OF
SECURITY GATES FOR MIAMI RIVERSIDE CENTER PARKING GARAGE AND
SURFACE PARKING LOT NOS. 16 AND 17).
(Note for the Record: said item was immediately thereafter passed and adopted as R96-
328.1)
RESOLUTION NO. 96-328.1
A RESOLUTION AUTHORIZING THE INSTALLATION OF SECURITY GATES, IN
THE AMOUNT OF $49,000.00, FOR MIAMI RIVERSIDE CENTER PARKING
GARAGE AND THOSE CERTAIN SURFACE PARKING LOTS KNOWN AS LOT
NO. 16 AND LOT NO. 17, LOCATED ADJACENT TO THE MIAMI RIVERSIDE
CENTER BY THE DEPARTMENT OF OFF-STREET PARKING; INCREASING THE
EXISTING AGREEMENT WITH PRIME ELECTRICAL CONTRACTORS, INC. FOR
ELECTRICAL, SERVICE AT THE MIAMI RIVERSIDE CENTER, IN AN AMOUNT
NOT TO EXCEED $9,000.00, TO COVER THE COSTS FOR THE INSTALLATION
OF THE ELECTRICAL POWER AND COMPONENTS REQUIRED FOR
OPERATION OF SAID SECURITY GATES; DIRECTING THE CITY MANAGER TO
REIMBURSE THE DEPARTMENT OF OFF-STREET PARKING FOR THE
PROCUREMENT AND INSTALLATION OF SAID SECURITY GATES; AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED
$58,000.00 FROM INDEX CODE NO. 921135, FOR SAID INSTALLATION,
REIMBURSEMENT AND ELECTRICAL SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the motion and resolution 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
NAYS: None.
ABSENT:
L
Mayor Stephen P. Clark
May 23, 1996
-------------------------------------------------------------- ---
28. (A) GRANT REQUEST BY MODEL CITY CRIME PREVENTION SUB -
COUNCIL, -- ALLOCATE $15,000 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
(B) DIRECT POLICE CHIEF TO FOLLOW UP, MEET WITH BOARD OF
DIRECTORS, AND REPORT BACK TO COMMISSION TO
DETERMINE NUMBER OF CARS NEEDED CITYWIDE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 22, Model City Crime Prevention. Mr. Johnakin.
Mr. Thelbert Johnakin: My name is Thelbert Johnakin, 1345 Northwest 51 Street. I'm the
chairman of the Model Crime Prevention Task Force, and also the chairman of the COP
(Citizens on Patrol) executive board for the Citizens on Patrol. Mr. Mayor and Commissioners,
good evening. I was before you all the 29th of March, which I had the... my proposal was
passed. But it's my understanding that there was no funds. I have met with the Chief of Police,
and am hopeful that we are going to come with some type of agreement. I have worked for this
City here - I would say work, because I do work - I've been here like for 16 years, and like
Commissioner Dawkins says, he's been here 15 years. I've been here 16 years as a volunteer. I
put a lot of time in this community, and I think that we have accomplished just about as much as
anybody has in this City. I met with the Chief, and hopeful that the agreement that we come up
with... came up with...
Commissioner Plummer: Mr. Johnakin, 1 have here from the Chief a resolution authorizing the
funding of the Model City Crime Prevention Sub -Council, and allocating funds therefor in the
amount not to exceed fifteen thousand ($15,000) from the Law Enforcement Trust Fund; such
expenditure having been approved by the Chief of Police, as complying with Florida State
Statute Chapter 932.7055 as amended.
Mr. Johnakin: You are right, sir. You are... I met the Chief. We...
Commissioner Plummer: That's what's agreed upon?
Mr. Johnakin: Let me... I would like to... Yes. It is what we agreed upon. What I want... I
would like to say, there was some more added to this. Within another... a few weeks, I will be
able to put a proposal together to come back in front of the Chief so that we can get funds for
these other groups, I mean the COP groups. We have a lot of groups out there that don't have
equipment, don't have anything, so we have agreed that as far as the radios and equipment which
they very... They need this. The radios they need, and that I could put a proposal together and
come back before... turn it into the Chief or whatsoever, that that funds would be there for us, as
any time as we need to come back, it's my understanding, that we need to come back. Now, we
have all these people out here, and we don't need to have these people out here without these...
this equipment. If I may, I have a letter here that I had written to the Chief, and also cc a copy to
each one of you all, the board of Commissioners, I ce'd a copy to.
"As the chairman of the areawide COP Citizens on Patrol Program, I am
requesting that all COP patrol members have some type of communication
equipment and identification, such as portable radios, or cellular telephone, and
I.D. badge before going into the field. We are also trying to communicate to
people in the community that not to let anyone into their home without proper
identification. By no mean should any COP go out into the field without being
fully equipped."
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May 23,1996
F
Chief, I am also requesting that each COP group get the first choice - which I hope the
Commission will do this - the first choice in surplus cars before any other agency do. What's
been happening, they give the best cars to other agencies, and people like myself, they give us a
piece of junk that barely gets out of the garage. Now, we have two of our cars sitting up now,
four hundred and some odd dollars. The car is no good. So I'm hoping that... I am hoping that
the Board of Commissioners will approve this so that we can get some cars for other peoples,
that... the COP peoples.
Commissioner Dawkins: Let's see if I can't cut through this forest. This morning, Mr.
Johnakin, the advisory board from the COP was here, and the Chief suggested to them that they
meet with him and develop - what? - a program or a budget, or some way to operate, and then
the Chief would let us know what could be funded or what could not. So Mr. Manager, please
have the Chief follow through with the - what was it? - the executive board, Mr....
Police Chief Donald Warshaw: Right. They're like the board of directors.
Commissioner Dawkins: OK. The board of directors. And get... And the board of directors is
going to meet with the Chief and see what is needed Citywide, and the Chief will get back to us.
Is that a correct statement?
Chief Warshaw: Yes, sir.
Mr. Johnakin: OK. Commissioner, one thing I would like to point out here. I am the chairman
of that board.
Commissioner Dawkins: Yeah, but you have a board. OK?
Mr. Johnakin: Yes. We do have a board.
Commissioner Dawkins: I'm trying... That's what I want to get through. You are the chairman,
but you are just the chairman.
Mr. Johnakin: Right, right.
Commissioner Dawkins: You have other board members.
Mr. Johnakin: Right.
Commissioner Dawkins: Those board members, executive board members, said this morning
that the total board, including you, the chairperson, would meet with the Chief and work out the
differences.
Mr. Johnakin: OK.
Commissioner Dawkins: Is that a correct statement, Chief?
Chief Warshaw: Yes, yes, sir.
Mr. Johnakin: OK.
Commissioner Dawkins: And that's what we're directing here now.
Mr. Johnakin: OK. I thank you.
125 May 23, 1996
L
Commissioner Dawkins: All right. Is that right, Chief?
j
Chief Warshaw: Yes, sir.
Commissioner Dawkins: OK.
Vice Mayor Gort: OK?
Mr. Johnakin: OK.
Commissioner Dawkins: OK. Thank you.
Vice Mayor Gort: Thank you.
Commissioner Dawkins: You have anything to say, Chief?
Chief Warshaw: No, that's it. You need a motion on the fifteen thousand ($15,000).
Commissioner Plummer: I read the motion already, and I moved it.
Commissioner Dawkins: Second.
Vice Mayor Gort: Any further discussion? All in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice, Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-329
A RESOLUTION AUTHORIZING THE FUNDING OF THE MODEL CITY CRIME
PREVENTION SUB -COUNCIL IN AN AMOUNT NOT TO EXCEED $15,000;
ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST
FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, SECTION
932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
29. ESTABLISH RENTAL FEES FOR USE OF WATSON ISLAND FOR NATIVE
AMERICAN CENTENNIAL FESTIVA.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Twenty-three.
Commissioner Plummer: Mr. Vice Mayor, I have here from the Department that the dates of this
might be changed, but they would have to be changed in accordance, and the following
provisions would apply: A rental fee for twenty-five hundred dollars ($2,500) for each concert
date, a thousand of that not refundable as a deposit, no later than June the 1st, and the balance of
fifteen hundred ($1,500) due on or before 30 days prior to the event; five hundred ($500) for
each day of setup and take down due no later than October the 1st; beer and wine permits of
three hundred dollars ($300) due October 1st; concession fee of seventy-five dollars ($75) per
booth due October 1st. The promoter would be responsible for all other costs as determined by
the City, including such personnel as police, fire, solid waste, and parks. City to determine the
exact concert area. Promoter responsible to pay surcharge on the day of the event. Should the
City determine that there will be paid parking, the City DOSP (Department of Off -Street
Parking) will have first choice to operate it. If the City determines not to operate the parking, the
City Manager will have the authority to negotiate a fee arrangement with the promoter.
Promoter to provide appropriate insurance as determined by the City. That under those
conditions, as conditions... Yeah, is there something else?
Mr. Albert Ruder (Director, Parks and Recreation Department): Yeah. The only thing he asked
us is he's moving the date from October to sometime before December.
Commissioner Plummer: I said that to begin with.
Vice Mayor Gort: Give me your name.
Mr. Ruder: Albert Ruder, Parks Department Director. That the deposit be collected June 15th -
he just wanted a couple more weeks - instead of June 1st.
Commissioner Plummer: Or 30 days in advance for the final payment. I so move, Mr. Vice
Mayor.
Vice Mayor Gort: OK a motion has been moved. Is there a second? Is there a second?
Commissioner Carollo: Second.
127
May 23, 1996
I
i
Vice Mayor Gort: Second. Any further discussion? Being none, all in favor, state so by saying
i
flaye.11
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-330
A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS, AND
CONDITIONS, AS HEREIN SPECIFIED, FOR ISSUANCE OF A PARK PERMIT
FOR USE OF AN AREA IN THE SOUTHERN PORTION OF WATSON ISLAND BY
THE QUANTUM GROUP, INC., ("QGI") FOR THE PRESENTATION OF A NATIVE
AMERICAN FESTIVAL TO BE HELD ON A DATE PRIOR TO DECEMBER 21,
1996; AUTHORIZING THE CITY MANAGER TO DIRECT THE PARKS AND
RECREATION DEPARTMENT DIRECTOR TO ISSUE THE NECESSARY PARK
PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN
COMPLIANCE WITH ALL APPLICABLE CITY CHARTER AND CODE
PROVISIONS, FOR THIS PURPOSE.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Unidentified Speaker: Thank you, gentlemen.
----------------------------------------------------------------------------------------------------------------
30. PERSONAL APPEARANCE: TONY MOLINA CONCERNING HIS
CONTINUED OCCUPANCY AT MIAMI SPRINGS COUNTRY CLUB, AND
PROPOSAL FOR IMPROVEMENTS.
- --- -- ---------- ----- ---- ---------------------------------------
Vice Mayor Gort: Twenty-four, Tony Molina.
Commissioner Plummer: He's here.
Mr. Tony Molina: My name is Tony Molina, and I've been in charge of the golf course, the City
of Miami golf course, for the last 25 years. And at this time, I just want to see if I could be
128 May 23, 1996
amended at the minimum of the twenty thousand dollars ($20,000) a year to remain twenty
thousand ($20,000) instead of be upgraded. Since the golf course itself haven't been upgraded
for the last maybe 25 years, most of the golf courses get upgraded every certain time, I have been
paying most of the time about three times over my minimum every year except for the last few
years. At the same time, I still have the same expense.
Commissioner Dawkins: Wait a minute. See, I hate to cut you off, but I have to do this while
I'm thinking. You say you have paid over your minimum, but the... What you paid is graduated
on what you earn. Is that correct?
Mr. Molina: Exactly.
Commissioner Dawkins. So you earned more than what the minimum required, so therefore,
that made you pay more than the minimum.
Mr. Molina: Exactly.
i
Commissioner Dawkins: So you weren't doing us a favor by giving us something. You owed us
what you gave us.
Mr. Molina: I never said that.
Commissioner Dawkins: No, no. But see, I have to be sure that I hear what you said. OK?
Mr. Molina: Matter of fact...
Commissioner Dawkins: OK. All right. Thank you. Go right ahead.
Mr. Molina: Matter of fact, sir, at any time that I pay these revenues to the City, it makes me
very proud of it, because that means my business was doing well. OK?
Commissioner Dawkins: Now you've said what I wanted to hear you say.
Mr. Molina: When I first started there, that business was doing nothing for anybody, not for the
City or anyone else. But I went over and I increased the revenue to the City almost every year.
And I talked to myself and I said, "Hey, Tony, you're doing a good job here. You're increasing
them from nothing to maybe ten, then 20, then it was 30, 40, 50, 65." That's when I was really
happy.
Commissioner Dawkins: And you were also...
Mr. Molina: And the City was also very happy.
Commissioner Dawkins: And you were also providing a service to the community, because they
needed the...
Mr. Molina: Exactly. That's what I was there for. I've always been there to do that. For the
golf course and for the people that lives in Miami, and for my own... Put it this way. It makes
me feel good. Then the business, after the hurricane, has not been doing that good. The golf
course has not been doing that good. We had problem, leaks on the clubhouse, everything was
actually be replaced and fixed, so on, so off, and the City has put a new roof on it. But still, it's a
lot of things that have to be done, especially outside in the golf course.
129 May 23, 1996
K
Mr. Cesar Odio (City Manager): Tony, may I, for a minute? Commissioners, what he wants is...
I'll make it simple. He wants to spend a credit of twenty-one thousand dollars ($21,000) of rent
so he can spend that money into repairs of the club house.
Mr. Molina: Exactly.
Mr. Odio: And I can agree with that.
Commissioner Dawkins: OK. I'm going to do better than that. OK?
Mr. Odio: OK.
Commissioner Dawkins: Sir, you have done a tremendous job. You are to be commended. The
City of Miami just gave four million dollars ($4,000,000) to Melreese golf course to uplift.
Now, you go get you a plan and come back. And Miller Dawkins is going to make two million
dollars available to you, free, just like we made to Meleeese golf course, for you to upgrade it,
and you come on back. Get your plan together and come back.
Commissioner Carollo: But he needs a management contract, remember. Not a lease.
Vice Mayor Gort: Right.
Commissioner Carollo: It's called a management contract now.
Commissioner Dawkins: OK. Come back with... You sit down...
Commissioner Carollo: And then you need to get Sergio Peno for 30 percent, and of course, he's
got two buddies that - Chris Korge and Rodney Barreto - that need to help you out.
Commissioner Dawkins: No. See, that's him, now. I'm not saying that. I'm not saying all that.
OK?
Mr. Molina: Well, I'm just...
Commissioner Carollo: Then George Knox gets ten percent.
Vice Mayor Gort: Commissioner, excuse me. Excuse me a minute. My understanding,
Commissioner...
Commissioner Carollo: And that's how Melreese came to life.
Vice Mayor Gort: He's not in charge of the golf course.
Commissioner Dawkins: Well, he will be. The other people were not in...
Vice Mayor Gort: The only facility that he's concerned with...
Commissioner Dawkins: OK. Mr. Commissioner...
Vice Mayor Gort: OK.
Commissioner Dawkins: ... the other group was not in charge of the golf course until we made
them in charge.
130 May 23, 1996
Commissioner Plummer: That's not true.
Commissioner Dawkins: So we if we make him in charge, he's in charge.
Commissioner Plummer: Well, just as long as Tony fully understands that when it goes out to a
management or lease, that Mr. Tony could be out completely.
Commissioner Dawkins: No, he will not.
Commissioner Plummer: Well, if it's on a bidded process, he could be.
Commissioner Dawkins: OK? Well, then, the other gentleman was not out.
Commissioner Carollo: Well, if we had a poor Charlie, we got a poor Tony here.
Commissioner Dawkins: That's right. Come on.
Commissioner Plummer: OK.
Commissioner Dawkins: You know, see, it's amazing...
Vice Mayor Gort: What's the motion?
Commissioner Dawkins: It's amazing that who you know is what you get.
Commissioner Carollo: Yeah.
Commissioner Dawkins: Whether it's fair or unfair.
Vice Mayor Gort: Commissioner, I'm agreeing with you. What's the motion here? Are you
requesting to spend...
Commissioner Dawkins: The motion is that this gentlemen goes out and comes back and tells
me what he needs to make this a first grade golf course, just like we are doing at Melreese. I'm
prepared to help you do it. That's the motion. OK?
Mr. Molina: Thank you, sir.
Commissioner Dawkins: And twenty-one thousand dollars ($21,000) will not even buy
umbrellas for the golf course, golf carts. OK? So go figure out what we need.
Mr. Molina: Thank you. That's also what I want to ask. I want to ask permission to have a cart
going around the golf course...
Commissioner Dawkins: Go figure out what you...
Mr. Molina: ... and umbrellas, and things like that.
Commissioner Dawkins: Figure out what you need. Just like we gave it to somebody else, we
can give it to you.
Mr. Molina: Thank you, sir.
Commissioner Dawkins: All right, sir.
131 May 23, 1996
F
Commissioner Carollo: Tony, all we have to do is go to the City Clerk, get the paperwork and
management contract from Melreese and, you know, that's your blueprint, you know. You have
all the right people there that you need to contact, you got the way they did it over there and...
Commissioner Dawkins: And it's done.
Commissioner Carollo: ... you come back here and, you know, I'm sure the same consideration
by some will be given to you.
Mr. Molina: Thank you, sir.
Commissioner Dawkins: Have a good day, sir.
Vice Mayor Gort: Okay. Thank you.
Commissioner Plummer: You walk out the door with the same thing you walked in. Nothing.
Vice Mayor Gort: Nothing.
Commissioner Dawkins: Yeah, but, see, in six times, Melreese golf course walked in here for
nothing, and Miller Dawkins voted against them for six times, and on the seventh time, they
walked out with what they wanted. So come back seven times, sir.
NOTE FOR THE RECORD: At this point, agenda item 25 was
withdrawn.
----------------------------- -----------------------------------------------------------------------------------
31. GRANT REQUEST TO CHANGE NAME OF SOUTH BAYSHORE DRIVE
TO BRICKELL BAY DRIVE. (See label 33)
Vice Mayor Gort: OK. Item 26, Codina Bush Klein, Mr. Jack Lowell.
Commissioner Plummer: Move it. Move it.
Mr. Jack Lowell: Members of the Commission, my name is Jack Lowell. I live at 185 West
Sunrise Avenue. We were before you...
Commissioner Dawkins: I second it.
Vice Mayor Gort: It's been moved and seconded. Is there any discussion? Being none, all in
favor, state so by saying "aye."
The Commission Collectively: Aye.
Mr. Lowell: Thank you, sir.
Vice Mayor Gort: Unanimous.
132 May 23, 1996
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-331
A MOTION GRANTING REQUEST FROM MR. JACK LOWELL TO CHANGE THE
NAME OF SOUTH BAYSHORE DRIVE (FROM STH STREET TO S.E. 15 STREET
ROAD) TO BRICKELL BAY DRIVE.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
32. (A) PERSONAL APPEARANCE: T. WILLARD FAIR CONCERNING
CRIME IN CHILD DEVELOPMENT ZONE.
(B) DIRECT ADMINISTRATION TO HAVE A NARCOTICS DOG
AVAILABLE FULL-TIME IN ABOVE AREA.
Commissioner Plummer: T. Willard Fair.
Vice Mayor Gort: Twenty-seven.
Commissioner Plummer: Why do these people want to...
Commissioner Carollo: Jack, where is Mary Wilson? She missed us? OK, she had to go back.
All right.
Commissioner Plummer: She had to work for a living.
Commissioner Dawkins: You got it upside down, brother, Brother Mason.
Mr. T. Willard Fair: Mr. Vice Mayor and members of the Commission, my name is T. Willard
Fair. That's F-A-I-R. I'm the president and the chief executive officer of the Urban League of
Greater Miami. And as most of you know, we have dedicated all of our energy to the children of
Liberty City. Standing with me is my colleague, Sam Mason, who is formally with MLK
Development Corporation, currently also working on behalf of improving the quality of life of
the children in Liberty City. We have designated a child development zone, bordered on the
north by 79th Street, on the south by 54th Street, on the west by 17th Avenue, and on the east by
7th Avenue. We designate that piece of geography within the confines of the boundaries of the
City of Miami. We therefore come to you today to request that you expand your already
commitment to the things that we are doing in that community. It is clear by your past
representation that you have a commitment to make life better for the residents who live in that
133 May 23, 1996
r
area, by the tremendous amount of affordable housing that you have funded, by the number of
things that you have done in day care at Tacolcy, by the refurbishing of African Square Park, and
by your continued effort to demonstrate that that's just the beginning, based on what you've
done at Hadley Park most recently. We are disturbed by the fact that even though you have done
great things, and we continue to do great things, things are getting worse in the neighborhood. If
you look at the map that Sam Mason has on the other side, there's a little small box in the large
box, and it talks about...
Commissioner Carollo: Sam, the map there is upside down.
Mr. Fair: Mr. Mason is going to give you that map. So designated on that map are the places of
residency where the persons who committed apartment crime say that they live. As you can see,
in that map, it is a map which clearly represents that many of the adults in that community have a
very violent kind of posture, and therefore, no one should be surprised when the children in that
community behave likewise. We think that based on what has happened most recently in the
neighborhood, it is appropriate for us to demand that you declare this piece of geography in a
state of emergency, that you so designate the City Manager and the Chief of Police to bring back
to you a plan of action that will begin to impact over a sustained period of time the dynamics that
make this community the worst community in your City. In the first three months of this year,
we've had approximately eleven homicides in the neighborhood. If you look at the most recent
statistics that we have received from Lieutenant Williams and from Major Christmas, we've had
491 felonies committed in the area. If you would come and walk with us on any given day, you
will find that the area is an open flea market for the trafficking of drugs. In fact, DEA (Drug
Enforcement Agency) tells us that 80 percent of all the drugs sold in this County happens to be
sold in this area. We have attempted to confront it with all of the innovation and creativity that
is at the disposal of any civic, citizen, or social work institution. And you've so today awarded
some of those persons for their outstanding contribution, for you talked this morning to the
citizens who are on patrol in these neighborhoods. You have funded with us our initiatives
called POP (Push Out the Pusher), and stand up in the neighborhood. But I submit to you that
there is no neighborhood like this neighborhood, and therefore, any Commission that is
concerned about the quality of life in this community has to understand what I call the
biodiversity of your City, and that is that there is an interconnectiveness of all human life in this
community. And if we do not make this piece of geography safe, then there is no safe geography
in the City. If we think that we can ignore what is going on in Liberty City and be happy in
Coral Gables or some other place that is not related to Liberty City, then we don't understand the
magnitude, nor the complexity of the problem. Let me share with you what I mean by that. First
of all, you may recall that there was a series of crimes called "smash and grab" at Burdines. And
you may also recall that, based on the information received, that there were some 100 persons
involved in the gang activity that made that happen. You may also recall that about 30 of those
persons were captured by the good work of our Law Enforcement Department. It is significant
to note that over 20 of those persons came out of that northwest corridor, and what it says to us
very clearly is that while there may be something called "crime in the City," where the crime is
committed by certain persons, it's very localized and very identifiable. Therefore, we believe
that there has to be an effort uniquely different in order to bring this portion of the community
back under control. And with that in mind, we recommend that you do declare it in the state of
emergency. And what does that get translated into? Well, based on the conversations that we've
had with Lieutenant Williams and Major Christmas, we have just completed the first two phases
of what we call Project Stand Up. That is strategies to arrest narcotics distributors, universal
policing. It is an understanding that if we're going to combat this problem, that the entire
community must work together, hand in hand, that the churches, and the schools, and the
businesses, and the children, and the adults, and the institutions called community based
organizations must come together, and that under one umbrella, with one voice, they must speak
out against crime and violence in the community. We are doing that. You may also have read
about the fact that we initiated a barricade program designed, once again, to do something
134 May 23, 1996
different in this community, as opposed to what it does in my community. I live at Bay Point,
69th and Biscayne Boulevard, and we have barricades, but we barricaded ourselves in so that
some of the bad guys would not come in and molest us. Our barricades are designed to keep the
good people out of our community, who come to our community to buy their drugs. So it's a
little different, but it's a barricade of protection, but from a different sort. We understand that in
other communities, barricades are paid for by the citizens in those communities, and
understandably so, because in most of those communities, they have the economic wherewithal
in order to do that. In our child development zone, we do not have significant home ownership.
Most of the properties in the area are owned by absentee landlords, and you know the status and
the nature of that property by virtue of the fact that you're probably the largest mortgage owner
in the community, if you look very closely to the number of mortgages in the neighborhood that
are owned by your multifamily lending program and other programs that are under your
jurisdiction. So when we talk about barricades and erecting those barricades in the same fashion
that we erect them in other communities, we submit to you that while that process works in my
community, it does not work in this community, and therefore, we would ask for an exception as
we talk about the continued establishment of the barricades. Lieutenant Williams and Major
Christmas also tells us that once we put the barricades up, that in order for us to weed it and seed
it correctly, there needs to be a permanent presence in the neighborhood, not by car, not by
horse, but by foot. And as we talked about, the number of persons needed to do that, it is their
professional judgment that three persons in the neighborhood could begin to do that. I found
those persons this morning, because as I heard you this morning, I understand it that three people
in the motor pool... So if we have to hunt, we don't have to hunt far at this point in order for us
to begin to actualize that kind of request. The portion of the program, as we talk about a state of
emergency, not only dealing with the barricades, not only dealing with the permanent police, but
also, it is our considered judgment as we talk to Lieutenant Williams and Major Christmas that
we need us a good drug dog in Liberty City. As we look at what is happening in Liberty City, a
new set of entrepreneurial economics are in place in the community, and the drug pushers as just
as smart as we think we are smart. And they are now beginning to hide their drugs underground.
And the value of a drug dog is of immense value to us in this community. Gentlemen, it is
outrageously bad in the neighborhood. I cannot say to you that it is not bad in our City, but I do
say to you that as you look at statistics on a monthly or quarterly basis, you will find that Model
City and Little Haiti always rank one and two. And I submit to you that if we're going to change
it, then we've got to do something more nontraditional in order to make that happen. I thank the
Manager for his support to date in the things that we have done. I commend the NET
(Neighborhood Enhancement Team) staff, Karen Cooper, and most recently, Bert Waters, for
what they are doing. I say to you that there is no dedicated police force in that neighborhood led
by Major Christmas and Lieutenant Williams, for we work hand in hand with them. And I also
say to you that I feel that we've got the greatest Chief of Police in this community. So I do not
come to indict anyone today. I simply come to say to you that we come representing a
community that is suffering, that things are uniquely different, and therefore, if we are going to
be responsible public officials, then it's going to require that we do something uniquely different.
I did not attempt to lobby you at all about this issue, because I knew that you are compassionate,
concerned human beings. And if J.L. Plummer can demand that the Chief comes back with a
report on what he's going to do about graffiti, then simply, I know that he can demand that he
comes back with a report to tell me what he's going to do about reducing the number of incidents
of violence in this zone. It is out of control, and I beg you to do something about it.
Commissioner Dawkins: Mr....
Vice Mayor Gort: Thank you, sir.
Commissioner Dawkins: Mr. Vice Mayor.
Vice Mayor Gort: Yes, sir.
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Commissioner Dawkins: The statements are true. And this is nothing new to be heard from you
for the first time. Sixtieth Street, 59th Street, from loth Avenue to 12th Avenue is a drug flea
market. You can go in there and get anything and everything that you want. At one time, you
had a task force made up of officers from the County and the City of Miami. If they ran the
druggies across 71st Street, then the County took them. If they ran south, the City of Miami
Police took them. This was a very effective unit. All of a sudden, it's gone. Every time
something seems to work, we don't... I mean, we forget about it. I don't... Don't ask me why.
And the citizens complain to me, I complain to the Manager, then they go and they got a NET
office, you complain to the NET office, and the NET office complains and... And it doesn't
come back. Now, they have moved. And it's nothing new, it's the same thing. When they
moved the prostitutes off of Biscayne Boulevard, they went to 17th Avenue. When we moved
them off of Biscayne and 17th Avenue, they went to Flagler and 67th Street.
Commissioner Plummer: 62nd Avenue.
Commissioner Dawkins: We know this. So now, they moved the druggies from 62nd Street and
54th Street, but they're south of 54th Street. I don't have any police presence. I don't know
why. There's a gentleman on 52nd Street and 17th Avenue who has a store, who has begged the
police to get the druggies out of his store. We have been there twice, and made busts, and if I...
If you leave here right now and go down 17th Avenue, on the southwest corner, there's some
guys sitting up on top of the hoods of cars selling drugs, and they're stashed in the phone booth.
I see it every day. I don't know why the police don't see it. But somewhere... And you know
why it happens? I do not have the people in the community who will come down here and raise
hell. That's why it happens. When you have all the noise and whatever you want in Coconut
Grove, you can't get in here. When you have whatever you want from Edgewater, Northeast
Miami, you can't get in here. But the people we're talking about, they're so busy working, they
don't have time to come down here. Now, Mr. Fair...
Mr. Fair: Yes, sir.
Commissioner Dawkins: You have a grand idea. But I've sat here before and said it, and I'm
going to say it to you. The first mistake I made was to vote for barricades. When I voted for the
first barricade, I could not stop. Then we started with barricades, and the Manager will tell you,
our policy has been, anybody who wants barricades has to pay for them. Is that a fair statement?
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Dawkins: So you asked for something to be done. We cannot, in my opinion -
and I'm only speaking for me, Mr. Fair - pay for barricades in that area unless we are prepared to
pay for them in every other area.
Mr. Fair: Mr. Commissioner, I won't debate that with you. I'm sure that that is the policy. I
simply share with you the economic profile of this community in comparison to the other
communities where this policy has been implemented, without any suggestion that there be an
alternative discussed. I believe, as Lieutenant Williams and Major Christmas, and some 365
residents of this community, all who are renters, who have signed our petitions, that the
barricade can make a difference. If, in the infinite wisdom of this group, it is contrary to their
policy, I'm prepared to ask J.L. Plummer to help me raise the money that I need in order to get
this job done. I think that those persons who own those properties that you have loaned money
to, for example, in order to be part of the multifamily rehab program in the neighborhood, should
be suggested, if not requested, to pay for the barricades. And if you would have the NET
Director, Mr. Waters, to share with me a list of those persons that you've loaned money to who
have come into our neighborhoods for the purpose of rehabbing those units and making some
136 May 23, 1996
money off of those Section 8 contracts, I'm prepared to take my good friend, J.L. Plummer, and
go sit with them, and I think that we can impress upon them the value of their taxing themselves
in order to pay for this portion of the state of emergency plan of action.
Vice Mayor Gort: Thank you, sir.
Commissioner Plummer: And I'll do whatever I can to help you. I think, first and foremost,
you've got to determine what the cost is.
Mr. Fair: Seventy-five hundred dollars ($7,500), sir. I'm already ready for you.
Commissioner Plummer: Seventy-five hundred ($7,500) per barricade?
Mr. Fair: No. For the entire number of barricades that we need, which will...
Commissioner Plummer: How many in number?
Mr. Fair: About 42.
Commissioner Plummer: That's awful cheap.
Mr. Fair: Well, we know how to be frugal with our money, Mr. Commissioner.
Commissioner Plummer: Is that renting or buying?
Mr. Fair: No. That's a permanent barricade for us.
Vice Mayor Gort: Permanent barricades.
Mr. Fair: Don't argue with the price, Mr. Plummer, just help me raise seventy-five hundred
dollars ($7,500) to get it done.
Commissioner Plummer: Well, is... The Chief's not here? I think the Chief probably is
watching on television, and he ought to consider that from Law Enforcement Trust Fund. I think
that's exactly what that kind of money is for. And if he doesn't give it to you, God help him.
But come back later.
Mr. Fair: Yes, sir.
Commissioner Carollo: Mr. Fair...
Vice Mayor Gort: We need a motion.
Commissioner Plummer: To what?
Commissioner Carollo: Well, Mr. Fair, I've been there with you. In fact, I've been there several
times with you and other members of the community, besides being into that neighborhood
many other times in the last six months since I've been back. While, truly, the whole City of
Miami just about has the same problem that you're describing here, there is no doubt that this
one area is the one area in all the City of Miami that is the most affected, and truly the most
affected. But you could go just about into any of the neighborhoods. Neighborhoods that I
remember eight years ago, ten years ago, six years ago, did not have the pushers in the streets,
the prostitutes in the corners now have them. The truth of the matter is that we have an
emergency, Citywide, but this area is the number one place within the whole emergency that we
137
May 23, 1996
have in the City that's most affected. I know that many here are appalled at the pictures that
they're seeing. And maybe some think, gee, that you just picked a handful of pictures that were
the most dramatic.
Mr. Fair: No, sir.
Commissioner Carollo: I know for a fact that, you know, there are many, many, many others,
unfortunately, that are truly dramatic, and what you've shown here is the truth of what is out
there. That is a war zone. We need to stop playing games with the drug pushers. We need to
truly go and retake our streets back. Seventy percent of all the crime that we have in the City of
Miami, 70 percent - at least 70 percent - is either directly or indirectly because of individuals
involved in narcotics. Now, can you imagine that? We could have at least 70 percent less crime
if somehow we had a magical wand that we could do away with all the narcotics in this
community. That's not realisticaI. But what is realistical is the fact that we can reduce the drug
pushers in our community, the drug traffic tremendously. What is happening today is that we are
so short on police officers that all that our Police Department is doing is reacting after the fact,
after the crime happens, so we could go out and pick up the bodies and write the reports. And
you could go through just about any neighborhood where the drug pushers in the streets are
laughing at the police, because they know that the squad cars might go by and come back again,
but they're going to other calls, you know. They're not stopping to deal with them like they
should, through the field identification cards and more. For us to declare an emergency and then
not put any teeth behind it is not going to accomplish much. What we need to do is to bring the
Police Chief himself out there for some time, not just for an hour to go and come back, but let's
get the Police Chief. Let's get some of the top brass out there, and truly design a plan where
we're going to put enough manpower into the zone...
Commissioner Plummer: Make them walk the streets every night for seven nights.
Commissioner Carollo: ... and at the same time, bring in the Florida Department of Law
Enforcement, bring in the DEA, bring in Metro -Dade Police. Build another major task force
that's really going to hit the drug pushers. We have lists of who the main players are out there
that are selling drugs. We know who they are, because most of them have an arrest sheet
already. Let's go after them. Let's give them hell. Let's make their lives miserable and
impossible. But the only way that we're going to be able to do that is by assigning sufficient
manpower to go out there and really hit them. Now, what is happening now is that for us to do
something like this, it takes months and months of preparation. All kinds of a major process has
to be undertaken so that monies can be allocated, and basically, it's impossible to really
accomplish anything concrete of a major nature, like what is needed here.
Mr. Fair: Mr. Commissioner, just let me say to you that I find that impossible to believe. I've
been part of this community for the last 33 years, and I've always been amazed as to how this
community could respond overnight in an unusual fashion when their vested interest was at
stake. I recall when you thought you were going to lose the Miami Heat, and somebody said that
they're gone, that they're going to be in Broward. And somehow, the powers of this community
came together, and the Miami Heat is going to be here. I recall the morning after Hurricane
Andrew...
Commissioner Plummer: Mr. Fair.
Mr. Fair: Yes, sir.
Commissioner Plummer: I make a motion at this time that the Manager allocate seventy-five
hundred dollars ($7,500) to buy the barricades. I so move.
138 May 23, 1996
64
Commissioner Carollo: I second that motion. But it's only a drop in the bucket. We need to do
much more than that.
Mr. Fair: Mr. Manager, I accept seventy-five hundred dollars ($7,500) only because I represent
a not -for -profit...
Commissioner Plummer: If you keep talking, I'm going to withdraw my motion.
Mr. Fair: But sir, that would be absolutely all right, because the issue for me is not seventy-five
hundred dollars ($7,500).
Commissioner Plummer: I understand that.
Mr. Fair: The issue for me is to shock this Commission to the point that it understands that
something different has to be done in this community, and if it takes time for us to do it, we
ought to do it. And I do not think that you ought to take the seventy-five hundred dollars away
($7,500), but if you can't give it to me, I'll give it back to you. Because, J.L., look here, I didn't
bring this for the sake of dramatization. This is the reality of this community. I'm in a district
where yesterday, at the police substation, I left my cellular phone on the seat of my car, and the
i police ran out and told me, "You better get it, because they broke into the police car last week."
f I'm in a district where I rode from four o'clock in the morning until six -thirty in the morning in
this drug zone where I saw no police, and I saw people selling drugs all over the place. I'm in a
district where a member of your employee force works at African Square Park, on the park,
cleaning up the park, gets shot in the arm by a stray bullet. I'm in a district where I've got
church people on a Saturday morning cleaning up, we hear four shots, walk around the street, a
kid 20 years old is lying in the street. Now, I submit to you something is wrong with that, if we
don't get excited about doing something about that.
Commissioner Plummer: T. Willard, I tell you what you do. You go pull the records of the
courts, and you're going to find the unfortunate results is that my Police Department has been
making arrests right and left. And yet, what happens when they go to court? They're back out
on the street in a matter of hours. They go to court, and they're deferred, they're referred,
they're deferred, and they're deferred, and they wind up with so-called time served. Now, what I
would suggest to you is that when these people are arrested, that we get a group of people to go
into the courts and say to these judges, enough, enough, and we're tired of it. I don't know how
many more... I think the stats that I saw - and I'm not a man on stats - the Police Department
made 54,000 arrests last year. And I want to tell you, the biggest thing around here is when one
of these hookers go into the court. You've got to do it because the people are upset about it, but
it's almost a waste of time of the policemen and the courts to go out there and arrest these
hookers. When we get these people on drugs, we get the pushers on the street, they go to jail,
they're back out on the street the next day, and what are they doing? They got to do it to get
more money to pay for the lawyer to keep them out of jail. Some of these court cases are
running on infinitum in time. And I think we've got to come to a realization that says, as you
said - I'll say a little differently - the morning has come where we're waking up and saying,
"What we're doing ain't working." And number two, we've got to say that the only way this is
going to stop is that some kind of penalties are going to have to be given that are really going to
act as deterrents, because at this particular time, those people out there that are doing these
activities are laughing. They're laughing, with gold in their pockets, and driving big sports cars.
And I say to you, when they start socking some of these people away and the courts say, "Hey,
you're going to get the maximum sentence," we know it's going to make an effect, because
they're not going to be around, but it just might say to a few, "Hey, keep it up, and this might be
you." But I... There's a major, major problem in the court system, and we know it.
Mr. Fair: Sir, we agree with you. It would seem to me, though, that we are smart enough,
having understood that, having made the correct diagnosis, that if we would declare a state of
139 May 23, 1996
F
emergency, then the plan of action would also be designated to fix whatever else is broken that
makes our effort unproductive. So you would have to look at all of the related institutions, and
what they must do differently in order for us to impact on the neighborhood. It is all interrelated,
and for us to say that we are not going to carry out our mission with zeal because something else
is broke in the system is unfair to our willingness to carry out our mission.
Vice Mayor Gort: Mr. understanding... Excuse me, Mr. Plummer.
Commissioner Plummer: Go ahead.
Vice Mayor Gort: My understanding is what he needs from us is a motion to declare this zone a
state of emergency, that a plan be put together, whatever it takes, from the Chief and the judicial
system, to do something. Whatever we do in this zone could be used as a pilot program to be
implemented in many other places where we have the same problems. And I think that's what
you're looking for. Isn't it?
Mr. Fair: Yes, sir. Correct, sir.
Vice Mayor Gort: OK.
Mr. Fair: And seventy-five hundred dollars ($7,500).
Vice Mayor Gort: And seventy-five hundred dollars ($7,500) to go with it.
Commissioner Carollo: The seventy-five hundred dollars ($7,500) you got already.
Commissioner Plummer: I made the motion.
Vice Mayor Gort: OK. The motion to declare...
Commissioner Plummer: You know, T. Willard, I just... I know what's going to happen now,
and that is that others are going to be down here knocking on the door, which is fine. I mean, I
can go right here now to Hibiscus and Thomas, and I'll buy you all the drugs you want, right
now. You're only limited by the amount of money you got in your pocket. OK? And if they
want barricades, we're going to have to provide them, because the problem is just as bad - not
just as bad, no, let me clarify that - the drug problem is bad. You can still go there and buy all
you want. OK? They're not having as many homicides. They're having some. So let's do what
we can, and do it, and continue to do what we can.
Commissioner Carollo: Mr. Fair...
Mr. Fair: I'm just suggesting that we not only do what we can, but we organize to do what we
can with that which we have. And clearly, we understand that this is not a unique problem for
this particular neighborhood. The only statement that we make is that it is uniquely different
from all other neighborhoods. And if you can learn how to fix this neighborhood, you can best
fix the other neighborhoods. It is clear that we don't have enough money for all of the
neighborhoods, and it would seem to me that in the face of dwindling resources, we would want
to get the maximum return for the resources that we have. I'm prepared, and I'm sure Sam is
prepared, to work with any other neighborhood, but when I see a disproportionate number of the
people who are reeking havoc on this community coming out of a particular neighborhood, then
it says to me, J.L., I need to fix that neighborhood.
Vice Mayor Gort: OK.
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May 23, 1996
014
Commissioner Carollo: Mr. Fair.
Commissioner Plummer: You got a motion.
Commissioner Carollo: And Mr. Mason, we have a motion that I will vote for. But unless we
put some teeth into this, all that you will get today will be monies for barricades and a motion,
and tomorrow, the same thing will be happening there again and again. Now, what I suggest that
we begin by doing is by having a meeting with the Police Chief, but having the meeting out
there, and at night. One of the things that I think was missed that you said, which is one of the
major problems we're having, was that no police is seen. There are just too many times of the
day that we just do not have any visibility of police officers out there. You said that before.
Mr. Fair: Four o'clock in the morning, maybe, they will do something else.
Commissioner Carollo: Well, four o'clock in the morning is a time that a lot is happening out in
the streets.
Mr. Fair: Oh, yes.
Commissioner Carollo: And those are times that we need policemen and women out there.
We're not going to be able to turn this around overnight.
Mr. Fair: No, sir.
Commissioner Carollo: But we can certainly make a major dent in the drug trade there soon, if
we put the effort on this that we, as you said, have placed on other things in this community.
And I will work with you, as I told you before that I would. I will sit down with the police chief.
I will make sure that he comes out there, and we all have a meeting in that neighborhood, at
night, so that our police brass can see for themselves exactly what we have been talking about
here today, and that we formulate a plan of action, immediate action, to try to bring a little bit of
tranquility to this part of Miami. At the same time, I say this to you. We have to formulate
additional plans beyond the ones that we started about five months ago, all throughout our
neighborhoods. We need to retake our streets back, that's the bottom line. And we need to give
some hope to the new generation that we have, besides seeing this as a normal way of life. This
is not a normal way of life.
Mr. Fair: Mr. Commissioner, I say to you that...
Vice Mayor Gort: Commissioner, I think we've accomplish this
Mr. Fair: Thank you.
Vice Mayor Gort: ... if we can pass the... amend the... Commissioner Plummer's motion to
declare the state of emergency on this one section, and get the Chief of Police, along with all the
other authorities involved in dealing with this to work together and come up with a plan.
Whatever plan we put together in here, it's a plan that we can implement the pilot program any
other place. 5o if the... Plummer will change his motion...
Commissioner Plummer: No problem.
Commissioner Carollo: The amendment is accepted.
Vice Mayor Gort: OK. The...
141 May 23, 1996
Commissioner Plummer: Call the roll.
Vice Mayor Gort: That's the full motion, then. Any further discussion on the motion? Being
none, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous. Thank you, Mr. Fair.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-332
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE THE
AMOUNT OF $7,500 TO COVER THE COST OF FORTY-TWO (42) PERMANENT
BARRICADES TO BE INSTALLED IN THE LIBERTY CITY NEIGHBORHOOD;
FURTHER DECLARING SAID AREA AS A STATE OF EMERGENCY ZONE AND
DIRECTING THAI' A PILOT PLAN TO ADDRESS THIS MATTER BE
FORMULATED AND IMPLEMENTED FOR USE IN THIS AND OTHER
DESIGNATED AREAS.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Dawkins: Mr. Fair.
Mr. Fair: Yes, sir.
Commissioner Dawkins: You're leaving, and we did not address one issue that you raised,
which could be met very easily, and that was the request for a narcotics dog. And seeing that we
got caught up in the discussion, we overlooked it. Will the Police Department tell me what
we're going to do to put a K-9 dog in that area who sniffs drugs and what have you, full-time,
and not on loan?
Vice Mayor Gort: Chief?
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22
Chief Raul Martinez (Assistant Chief of Police): I'm sorry, Commissioner. You were asking
what the Police Department is going to do, reference assignment of a K-9 officer there full-time?
Chief Martinez: A drug dog.
Vice Mayor Gort: Drug -trained dog.
Commissioner Dawkins: Wait, no, no, no. I'll go back. Let me go back, because, see, like you
said, you weren't listening, and I don't think me and you... Do we have K-9 dogs that are trained
to locate drugs?
Chief Martinez: We probably have right now three of them, sir.
Commissioner Dawkins: OK. We probably have.
Chief Martinez: Well, there was a couple that just retired, so I'm not sure if it's three or four that
are fully trained as narcotics trained.
Commissioner Dawkins: OK. We do have. OK? What is the procedure to get one of those
assigned full-time to that area? Not the northeast area, not northwest, but for that area in
particular, what is the procedure?
Chief Martinez: The narcotics dogs are not... are also a general dog, so they're cross -trained.
They're also the dog that searches for burglaries. But we can take a look at assigning a dog to
the area that will respond to any needs from Model City.
Commissioner Dawkins: Beg pardon?
Vice Mayor Gort: That's what he's asking.
Commissioner Dawkins: A little slower, now. Talk a little slower. Give it to me again.
Chief Martinez: The narcotics dogs are cross -trained, not just to do narcotics, but they do
narcotics, and they also search buildings for burglary offenders and robbery offenders. But we
can take a look at assigning one of those dogs that is narcotics trained and general dog trained to
the Model City area.
Vice Mayor Gort: That's what he's asking.
Commissioner Dawkins: Do we not have robberies, burglaries and break-ins in that area?
Chief Martinez: Yes, sir.
Commissioner Dawkins: So a dog trained for narcotics, burglaries and break-ins and all,
assigned to that area would be doing what he's taught to do?
Chief Martinez: Yes, sir.
Commissioner Dawkins: So therefore, there should be no problem in assigning one there. OK,
I'll get with the Manager and let the Manager work it out with the Chief, because I work... The
Manager works for me.
Mr. Odio: We have talking dogs, those expensive German dogs we can bring out there, I'm sure.
143 May 23, 1996
Commissioner Dawkins: You will put one out there, Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Mr. Fair, get with the Manager, and get the dog and the number, the
truck or whatever they have it in, and how it will be assigned, sir.
Mr. Fair: Yes, sir.
Commissioner Dawkins: That's what you asked for, right?
Mr. Fair: Yes, sir.
Commissioner Dawkins: Thank you, sir.
Mr. Fair: Thank you very much.
Vice Mayor Gort: Thank you.
----------------------------------------------------------------------------------------------------------------
33. (A) (Continued) CLARIFYING COMMENTS CONCERNING
PROPOSED NAME CHANGE OF SOUTH BAYSHORE DRIVE TO
BRICKELL BAY DRIVE. (See label 31)
(B) DIRECT CITY ATTORNEY TO DRAFT LEGISLATION FOR NEXT
MEETING AMENDING CODE TO DELETE "SOUTHEAST" AS
PREFIX TO BRICKELL BAY DRIVE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 28.
Mr. Jack Lowell: Mr. Vice Mayor.
Vice Mayor Gort: Yes.
Mr. Lowell: Before we go there, we need a clarification on 26, which you passed, that it apply
only to the portion of South Bayshore Drive between 8th Street and Southeast 15th Street Road,
and that the advertised name be Brickell Bay Drive.
Vice Mayor Gort: Right.
A. Quinn Jones, III, Esq. (City Attorney): According to... I'm told that according to the Code,
Section 54-7 that the quadrant has to be identified as "southeast". That has to be on the
identification. "Southeast" has to be before it. Do you follow what I'm saying?
Vice Mayor Gort: No, I'm sorry.
Commissioner Carollo: "Southeast" has to be before the name.
Mr. Jones: It should be listed as "Southeast Brickell Bay."
Vice Mayor Gort: Oh.
144 May 23, 1996
Mr. Jones: But apparently, he's... Apparently, he's opposed to putting "Southeast" in front of
"Brickell Bay Drive."
Mr. Lowell: There are other streets in that area that don't have the "southeast" prefix, and the
preferred name for the people there would be just Brickell Bay Drive.
Mr. Odio: The Code says you have to do it.
Commissioner Carollo: Well, but if the Code says we have to do it, how come we have other
streets there that do not have that?
Mr. Waldemar Lee (Assistant City Manager): Commissioner, it might be that when they
prepared the signs and so on, they just ignored it, but from a legal standpoint, that's what the...
Commissioner Carollo: In other words, Wally, you're saying you messed up, and you're going
to put "southeast" on the other street signs. Right?
Mr. Lee: Me mess up? In what sense, Commissioner?
Commissioner Carollo: You're the one that puts the signs up.
Mr. Lee: No, sir, I don't.
Commissioner Carollo: You don't?
Mr. Lee: We request the County to put them up.
Commissioner Carollo: OK. Then the County messed up. Right?
Mr. Lee: That they messed up. Yes, sir.
Vice Mayor Gort: So my understanding...
Commissioner Carollo: OK. Well, then, you need to inform the County that they're not doing it
right.
Mr. Lee: Yes, sir.
Commissioner Carollo: Because if the Code says we need to do it... and there's no other way of
getting around it. Is that correct?
Mr. Jones: That's correct, unless you amend the Code.
Commissioner Carollo: Well, then there is a way of getting around it.
Vice Mayor Gort: There is.
Commissioner Plummer: What's the problem?
Vice Mayor Gort: The problem is, J.L., that it was brought to our attention that because of the
City of Miami Code, the change of street on BrickellBayshore - from Bayshore to Brickell
Drive - it's got to have "southeast" in front of it. The question was, how come all the other
streets do not have "southeast" in front of it? And the answer is, when they put the signs up...
145 May 23, 1996
s
Legally, that's the way they had been named, but when Dade County put the signs up, they
didn't put the "southeast" part of it. Now, in order for us to keep it as Brickell... What is it?
Brickell...
Mr. Lowell: Brickell Bay Drive.
Commissioner Carollo: Brickell Bay Drive.
Vice Mayor Gort: ... Brickell Bay Drive, they have to place in front of it "Southeast." But we
can change the Code, because it's a City Code.
Commissioner Carollo: Well, my opinion is, I don't really see why it's pertinent to have
"Southeast" in the name. I'd be happy to change the Code. However, I don't know if we might
want to send it through the appropriate bodies that we might have to reconsider it, and then
recommend it back to us.
Mr. Lee: Certainly, Vice Mayor, I believe it's more of a legal thing for replatting and so on, on
legal documents. You have to have the official name of the street.
Vice Mayor Gort: But then what you're telling me is that the legal document can have one
name, and then when we put it up, the name, the actual name, it can be changed.
Mr. Lee: Well, apparently, that's what the jurisdiction that has been putting up the signs has
done, ignored it, for... by customer or whatever. I don't have that answer for you. But for legal
documents, it should be the correct... you know, by the Code. That's all I'm saying.
Commissioner Plummer: So what's the bottom line?
Commissioner Carollo: Mr. City Attorney, give us your recommendation of how we can legally
go about doing this. Which is the best way of doing it?
Mr. Jones: On the spot.
Commissioner Carollo: You've been batting pretty good lately, so I figured I'd pass the ball to
you.
Mr. Jones: Well, I'll see if I can keep my average up, then. OK. I don't know. If it's the wish
of the Commission to change, to modify the Code... I mean, legally, you've got the requirement
in there that requires the quadrant to be identified, irrespective of what's been done in the past,
or ignored in the past, in terms of identifying the quadrant. So in terms of legal requirements for
documents, I think that you have to have it in there. Other than... Other than doing it... The way
to do it legally, as I indicated from the outset, is to amend... would be to amend the Code, to
delete that requirement.
Commissioner Carollo: Then let's do it.
Commissioner Plummer: If that's what it takes, let's do it, and don't talk about it no more.
Vice Mayor Gort: Well, I think we need to do it, because right now, it's being used illegally, in
accordance to what you're telling me, the existing signs, so I think we better modify and change
the Code. Could you come back with a change of Code for us?
Mr. Jones: I can bring it back for first reading... Oh, you want first reading at the June meeting?
146 May 23, 1996
r
i
Commissioner Carollo: Yeah, if you could bring it then back at the next meeting.
Mr. Lowell: Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
34. DISCUSS AND REFER TO MANAGER MONIES DUE CITY (PURSUANT
TO 1994 AUDIT REPORT) BY MARTIN S. TRITT, PRESIDENT, BETTE &
BERT BAYFRONT 66 MARINA, INC. (DB/A WATSON ISLAND FUEL &
FISHING SUPPLY) -- INSTRUCT MANAGER TO USE MR. TRITT'S HOME
/ OTHER VALUABLE PROPERTY AS COLLATERAL -- BRING ISSUE
BACK FOR JUNE 13TH COMMISSION MEETING.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 28. Watson Island Fuel and Fishing Supply.
Mr. Martin Tritt: I hope that I can be as eloquent as Mr. T. Willard Fair. I've admired
everything he's said since he used to appear on Allen Courtney's program. My name is Martin
Tritt. I live at 5261 La Gorce Drive, Miami Beach, Florida. For the past 17 years, I've run the
Fina Fuel Station on Watson Island, Betty and Bert Bayfront 66 Marina. The last time I
appeared before you was in the early part of 1995, requesting a way for me to pay my back
billing. You are not responsible for the bad weather that we've had in the past year, but you
possibly might be responsible for not helping us in obtaining a traffic light, at this location,
because it's unreasonable for the people to have to go four miles out of their way to make a left
turn and three miles out of their way to make a right turn on the other side of the island, and we
haven't had any official... I mean, I know that Mr. Rodriguez's office has been trying to get the
Department of Transportation to do something about this, but every day, customers of mine are
getting in accidents, and this has dissipated the business over there, the lack of a traffic light.
Also, there are vendors that come into the island on my busiest times, with the help of Mr.
Carollo's secretary, Mr. Chicon finally called me and told me he was going to do something
about the vendors and the fuel deliveries on the island. However, unless a directive is given to
all policemen that it is illegal to deliver fuel to a City -owned marina, and unless these venders
that come into the park are not allowed to be there, then your right to give contracts within parks
j
are worthless.
Mr. Cesar Odio (City Manager): Wait, let... Let him finish. But I...
Mr. Tritt: Basically, this is the reason why I'm appearing before you today. I... Since our last
meeting, in back pay and so forth, back rent and trying to keep current, I have paid the City... I
believe it's...
Mr. Odio: Let me go...
Mr. Tritt: ... ninety-three thousand dollars ($93,000). As a result of the last audit, we found that
we now owe a little bit more than nine thousand dollars ($9,000) on the 1994 audit. We have
paid down the original seventy-two thousand ($72,000) down to thirty-four thousand ($34,000).
And what I would like to appeal to you today is to add the nine thousand as a result of the 1994
audit to that money that I owe, and then the City will not only be paid in full, but I'm making the
current payments with the commissions and everything that I'm supposed to, and hopefully,
there would be no discrepancy, or very little discrepancy upon audit of future years. We started
doing this in 1995. I am paying the back money, and all the money that I owe the City would be
147 May 23, 1996
paid in less than two years. The figure would come to about thirty-four thousand or thirty-six
thousand ($34,000 or $36,000), depending on whether you've received my last check.
I
Mr. Odio: Let me... First of all, the money he owes us, according to the audit, is not nine
thousand ($9,000), but twenty-one thousand four hundred and six ($21,406). It's a tendency of
this operation to always underpay us. In 1993, he came here, he had underpaid the City seventy-
one thousand seven hundred and seventy-two dollars ($71,772). And then you began to pay...
Mr. Tritt: Yes, and that money...
Mr. Odio: You talked. Let me talk now.
Mr. Tritt: Yes.
Mr. Odio: Then you began to pay two thousand ($2,000) a month, and you did that. But in the
meantime, then you forgot to pay us what you owe us for your current operations. And this has
been a tendency now for the last seven years.
Mr. Tritt: Yes, but it's not that way anymore.
Mr. Odio: You...
Vice Mayor Gort: Excuse me. Excuse me, sir.
Mr. Odio: Let me...
Vice Mayor Gort: Excuse me.
Mr. Odio: What I will advise you to do is that you close your business down if you cannot pay
the City in that choice location you have, waterfront property that you have, then you shouldn't
be in that business. He owes us twenty-one thousand ($21,000), now, that he did not pay us for
i the last years.
I
Mr. Tritt: Sir, that figure is...
i
Mr. Odio: And that's every year.
Vice Mayor Gort: Excuse me. Excuse me a minute, sir. We'll get to you in a minute. Could
you tell me... Can you tell us what he owes for the different years?
Mr. Odio: He owes right now twenty-one thousand ($21,000).
Vice Mayor Gort: For what year?
Mr. Odio: For'94.
Commissioner Plummer: What does he owe for '95?
i
Mr. Odio: I don't know yet. We don't know yet. Probably about the same amount, because he
pays when we tell him to pay...
Commissioner Dawkins: What does he owe for '93? What does he owe for '93?
Mr. Odio: In '93, we discovered...
148 May 23, 1996
Mr. Tritt: I...
Mr. Odio: Excuse me.
Mr. Tritt: Yes.
Mr. Odio: ... that he owed seventy-one thousand dollars ($71,000).
Commissioner Dawkins: OK.
Mr. Odio: And then he made an agreement to pay two thousand ($2,000) a month, which he did.
Commissioner Dawkins: All right.
Mr. Odio: But then he forgot to pay what he currently should have paid.
Commissioner Dawkins: But he did pay the seventy-one thousand ($71,000).
Mr. Odio: After three years. He's still paying that, two thousand ($2,000) a month. He still
owes fifty thousand dollars ($50,000) on that payment plan.
Commissioner Dawkins: Well, this is what the Commissioner is asking you.
Mr. Odio: Fifty thousand ($50,000) he owes from the past...
Vice Mayor Gort: What's the total debt?
Mr. Odio: ... plus twenty-one. He owes seventy-one thousand dollars ($71,000). Right?
Commissioner Plummer: And what collateral do we have if he closes up shop and runs
tomorrow?
Mr. Odio: Nothing.
Commissioner Plummer: We have no collateral.
Mr. Odio: No collateral.
Commissioner Plummer: And he lives on La Gorce Drive.
Mr. Odio: I don't know where he lives.
Mr. Tritt: I bought my house for forty-five thousand ($45,000) twenty-eight years ago, and...
Commissioner Plummer: Are you willing to put up your house as collateral?
Mr. Tritt: Am I willing to?
Commissioner Plummer: Yeah.
Mr. Tritt: I've already had to do that for the damage from the storm damage.
Commissioner Plummer: I'm asking a simple question.
149 May 23,1996
3
Mr. Tritt: And I contest...
Vice Mayor Gort: Excuse me. One at a time, please.
(' Mr. Tritt: I contest the amount of money that I owe.
! Commissioner Plummer: What collateral are you willing... If you're asking us to loan you
t money... If you go to a bank, they're going to ask you, "What collateral have you got?" Because
at this point, you're a poor risk.
Mr. Tritt: That's the only collateral that I have. But business has been very bad, due to the...
Commissioner Plummer: Are you willing to put your house up as collateral?
Mr. Tritt: As collateral for making the rest of the payments?
Commissioner Plummer: Whatever you owe the City.
Mr. Tritt: Well, I would like to get that clarified, what I owe the City.
Commissioner Plummer: Well, sir, whatever you owe the City.
Mr. Tritt: Because I gave the City a lump sum of fifteen thousand dollars ($15,000) at that time,
which some of it went to 1.995...
Commissioner Plummer: Sir, sir, you can argue about the arithmetic later. Are you willing to
put your home up as collateral for what you owe the City? It's a simple question, yes or no.
Mr. Odio: Well, what's his house worth?
Mr. Tritt: Yes, I would.
Mr. Odio: What's his house...
Commissioner Plummer: OK. I move that this matter be sent to the Manager to negotiate out
with a lien or whatever appropriate article is, that if he does not make his payments, that the City
has his house as collateral. I so move, Mr. Vice Mayor.
Commissioner Carollo: What is the motion again, Commissioner?
Commissioner Plummer: The motion is that he be sent to the City Manager to negotiate out
what he owes, predicated on him establishing as collateral to make sure that the City will get the
money due it, that he puts up his home as the collateral.
Commissioner Dawkins: Or any other collateral.
Commissioner Plummer: Oh, yes, or any other that's of value.
Commissioner Carollo: And then it comes back, and whatever they agree or disagreed on, it
comes back to the Commission at the next meeting.
Commissioner Plummer: Oh, of course, it has to, Joe. Has to.
150 May 23, 1996
F
Commissioner Carollo: Now, let me just say this I don't like to deal with what's here today in
the way the Manager described it, but at the same time, it's difficult for me to slam the door shut
on this man when all the big fish that we have out here in many leases, many contracts, have
gotten away with murder. The problem is that we need to establish the same rules and
regulations for everybody, not just who has the right connections here, who has the right
lobbyist, who has the right friends. And that's what bothers me the most, that... You know, we
all know of other cases that are much, much worse than this, but nevertheless, you know, they
didn't have any problems. But then you have an individual that's really a little guy, and, you
know, that's when we throw the whole book down at him.
Commissioner Plummer: Well, the problem here...
Commissioner Carollo: You know, I don't think this gentleman is any saint, based upon what
I've heard from the Manager, but at the same time, we have to establish guidelines that we're
going to deal with everyone equally.
Commissioner Plummer: I agree.
Vice Mayor Gort: Agreed.
Commissioner Carollo: The weak, the powerful, the ones who are well connected, the ones who
are not well connected. Now, you made one statement, Mr. Manager, that he has a choice piece
of property. You are correct. But that choice piece of property is also in one of the worst shapes
of any piece of property that we have in the waterfront in the City, and that's one of the major
complaints that I have. Everywhere along our waterfront, in all our choice properties, we have
situations that are shameful, situations that we need to turn around, to bring the dollars that this
City so badly needs.
Mr. Odio: In that particular marina, we went out on an RFP. We've been trying to get the...
build the megayacht marina. We did not get any bidders. That's why we have not spent money
in the Watson Island area, because of what was supposed to have happened there, we didn't get
any bidders. And now, we're going to build a new facility there with the Sports Authority.
Hopefully, that will take care of this problem. That still doesn't excuse him for not paying the
rent.
Commissioner Carollo: I'm not saying that it does. And with that, I agree with you. It does not
excuse him, and that needs to be resolved. But what I am saying is that we got to throw the book
at everyone else in the City the same way.
Mr. Odio: I have no problem with that.
Commissioner Plummer: Well, Joe, you...
Vice Mayor Gort: Mr. Manager, I think what Commissioner Carollo is saying is that we've got
to have standards, and those standards apply to everyone.
Mr. Odio: I agree 100 percent.
Vice Mayor Gort: We need to do that.
Commissioner Plummer: And Willy, that's exactly why I've told the Manager that any future
contracts, we want at least one year in advance of lease or rent payments. And if they don't
come in there and they don't make their payments, start foreclosure and get them out. This idea
that we got to go run after them after the fact is ridiculous. And so whether we get three months
151 May 23, 1996
in advance, or six months, or a year, we need to get an up front, so that when the day comes that
they don't live up to their commitment, that we start closing the door.
Mr. Tritt: May I say something, please?
Vice Mayor Gort: Yes, go ahead.
Mr. Tritt: In the past years, I have been made to give up three trailers plus a lunch wagon, which
originally, the City Manager said that I could have the trailer. Right now, Mr. Turcos (phonetic)
is living in an elaborate bus on his property, and as far as I know, nothing is happening to him.
Also, I would like to know why Mr. Rodriguez did not call me, if he disagreed with the amount
of money that I said that I owed, on the balance of 1994. We paid fifteen thousand dollars
($15,000) in one lump sum, and for some reason, there is no record of where you people put it.
Mr. Odio: Why don't I do this. We will have the auditors, not - the auditors are the one that
came up with that number - sit down with you and go over the numbers. You have that right.
Mr. Tritt: But what they did was overlook the fifteen thousand dollar ($15,000) payment...
Vice Mayor Gort: Excuse me. Excuse me a minute.
Mr. Tritt: ... which went to pay part of... the first three months of 1995...
Mr. Odio: I'll be glad for you...
Vice Mayor Gort: Excuse me a minute.
Mr. Tritt: ...and 1994.
Vice Mayor Gort: Mr. Manager and Mr. Tritt, my understanding is the motion, so we can all
understand it, is for you to go back with the staff, sit down with the auditors, and you all come
up with the numbers. You all get together, and you will be coming back to us for a final
decision. Am I correct?
Commissioner Carollo: Correct, Mr. Vice Mayor.
Vice Mayor Gort: OK. Is there any further discussion?
Commissioner Plummer: Nope.
Vice Mayor Gort: All in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous. Thank you, sir.
152
r
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-333
A MOTION REFERRING TO THE CITY MANAGER AGENDA ITEM 28 (MONIES
DUE THE CITY PURSUANT TO FINDINGS OF A '94 AUDIT REPORT BY
MARTIN S. TRITT, PRESIDENT OF BETTE & BERT BAYFRONT 66 MARINA,
INC., D/B/A WATSON ISLAND FUEL & FISHING SUPPLY); FURTHER
INSTRUCTING THE MANAGER TO USE MR. TRITT'S HOME OR OTHER
VALUABLE PROPERTY AS COLLATERAL; FURTHER INSTRUCTING THE
MANAGER TO BRING SAID ISSUE BACK FOR THE NEXT COMMISSION
MEETING PRESENTLY SCHEDULED FOR JUNE 13, 1996.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark.
----------------------------------------------------------------------------------------------------------------
35. DISCUSS AND DEFER REQUEST FROM CHJ PRODUCTIONS FOR FEE
WAIVER FOR OUTDOOR CONCERT EVENT AT VIRGINIA KEY BEACH
(JULY 6, 1996).
Vice Mayor Gort: Twenty-nine.
Mr. Cesar Odio (City Manager): Mr. Mayor...
Commissioner Plummer: Twenty-eight.
Mr. Odio: Mr. Vice Mayor, before you... Wait. On 29.
Commissioner Plummer: Oh, it is 29. No, 20... 29.
Vice Mayor Gort: Twenty-nine.
Commissioner Plummer: Who is CHJ?
Mr. Odio: Well, last year... I want to put on the record what happened.
Commissioner Plummer: We had major problems over there.
Mr. Odio: What happened last year, I happen to have been in that, coming out of Crandon Park,
and I was personally stuck in traffic for six hours. The traffic went all the way from Virginia
153 May 23, 1996
Key Beach all the way to Cape Florida. And they couldn't move because of the way the
organizers of this event had arranged for police and so forth. I think if we're going to allow
this...
Commissioner Dawkins: What item are we discussing?
Mr. Odio: Twenty-nine, Mr. Commissioner.
Vice Mayor Gort: Twenty-nine.
Mr. Odio: If we're going to do this, we have to coordinate with Key Biscayne and the County,
who has jurisdiction on that area to make sure we do not have this happen ever again.
Commissioner Plummer: Correct.
Unidentified Speaker: They'll have a lot more people there this year.
Vice Mayor Gort: Well, are they here?
Mr. Odio: They said they were going to have 3,000 people, and they ended up having 40,000 or
something.
Commissioner Dawkins: Are they here?
Vice Mayor Gort: Are they here?
Mr. Odio: If they are not here, then don't give them anything.
Vice Mayor Gort: OK.
Commissioner Plummer: If they're not here, I move to deny.
Commissioner Dawkins: I move to defer. See, that's my... Y'all aren't going to do this to me.
Vice Mayor Gort: There's a motion to defer.
Commissioner Dawkins: Yes, please.
Commissioner Plummer: Fine.
Commissioner Carollo: I second the motion to defer. I think it's only fair, if they want to come
again before us...
Commissioner Dawkins: And if they don't come next time, it's going out.
Commissioner Plummer: So be it.
Vice Mayor Gort: OK. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
154 May 23, 1996
Vice Mayor Gort: Unanimous.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER CAROLLO, ITEM 29 WAS CONTINUED
BY THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
---------------------------- ------------------------ -------------------------------- ----------------------------
36. APPROVE MAXIMUM OF $35,000 FOR REPAIRS TO BAYSIDE SEAFOOD
RESTAURANT, INC., PAYABLE WITHIN ONE YEAR, WITH NO
OBLIGATION TO GO BEYOND AWARD OF RFP.
Vice Mayor Gort: Thirty, Bayside Seafood Restaurant.
Mr. Armando Lacasa: Mr. Vice Mayor and members of the Commission, my name is Armando
Lacasa, and I represent Bayside Seafood Restaurant, Inc. The reason we are here is the
following. Bayside Restaurant, Inc. is a small restaurant that is next to the Virginia Key Marina,
which is now operated by the City of Miami. For about 14 years, Bayside Seafood Restaurant
has been operated by this corporation.
Commissioner Plummer: Is that going to be part of the new RFP (Request for Proposals)?
Mr. Lacasa: This is an small operation which has now been allowed to contine operating by the
City on month -to -month basis. The situation that they have at present is that due to the
deteriorating situation of the place, they cannot continue to operate in the same fashion unless
they do repairs. The restaurant supports not only the Virginia Key Marina operation, but also,
it's a place which is enjoyed by the citizens of the City of Miami, as well as tourists. It's a well-
known place and has been well established. What we are asking now, since the situation they
face is the urgent need for repairs, is that the City allow them to do those repairs. They will put
the money, and to get credit for those repairs against the future payments to the City, on account
of the rent that is due to the City. The reason why we're asking this is because they are on a
month -to -month basis, and for them to spend the money without any guarantees that they will be
there next month is practically impossible. The Virginia Key Marina is going to have an RFP
issued very soon. Therefore, the situation is going to be highly questionable as to whether or not
they will continue to be in that place. The facilities that are going to be repaired belongs to the
City of Miami. So at the time that they leave, it is the City of Miami, the one which owns this
facility. So this is the first matter that bring us here. The next is the following. Since they have
been on month -to -month basis, we have got a situation where the rent that this restaurant is
paying is a composition of twenty-five hundred dollars ($2,500) per month, plus 10.3 percent of
the gross. When you come to think that the major restaurants that own... which are located in
properties owned and leased by the City of Miami, pays in the neighborhood of four and a half to
five, five and a half percent, and these people, on the gross, pay 10.3 percent. And not only that,
155 May 23, 1996
but on top of that, they pay twenty-five hundred dollars ($2,500) per month, when it should have
been either twenty-five hundred dollars ($2,500) per month as a base or floor, or a percentage of
the gross, whichever is higher, this has been highly unfair. So what we are asking here is
twofold situation. Item number one, that they be allowed to do these repairs, they will come
forth with the money itself, but that they will be credited for those against future payments to the
City; and number two, that the rent that they pay from now on be limited to the gross, as any
other restaurant, with a floor of twenty-five hundred dollars ($2,500), but not in addition to.
Commissioner Plummer: How much are the repairs?
Mr. Lacasa: Pardon me?
Commissioner Plummer: How much are the repairs?
Mr. Lacasa: They estimate that the repairs will be in the neighborhood of about twenty-five
thousand dollars ($25,000).
Commissioner Plummer: So that would be ten months rent.
Mr. Lacasa: That would be about ten months rent... Well, it's not ten months rent, because
actually, they pay... That is the base. Twenty-five hundre dollars ($2,500) is the floor.
Vice Mayor Gort: Could be more.
Mr. Lacasa: They pay approximately forty to fifty thousand dollars ($40,000 to $50,000) per
year. That's on the average.
Commissioner Plummer: Well, I... The only problem that I see is the fact that if you're on a
month -to -month and we do go out to an RFP...
Mr. Cesar Odio (City Manager): We are going out to an RFP.
Commissioner Plummer: ... we are going out to an RFP, that he could be out the door, and the
people who come in would not want the repairs as done by this particular company. Because it's
an RFP, they come in with proposals.
Mr. Lacasa: Yeah.
Commissioner Plummer: So what... Is he willing that, if, in fact, he loses out prior to paying the
full amount that he will reimburse the City?
Mr. Odio: Or whoever gets the...
Commissioner Plummer: Or whoever gets it.
Mr. Lacasa: The City will not spend a penny here.
Commissioner Plummer: No, no, no. I understand what you're saying. But who's going to pay
the tab if he is not in the successful bid for the new RFP? Who's going to pay the difference?
Mr. Lacasa: They are going to forward the money. They will pay.
Vice Mayor Gort: They're going to put the money themselves.
156
May 23, 1996
F
Mr. Lacasa: They would pay. What they want to do is to get credit, because let me tell you what
happen here. We're trying to find a solution to another situation. They have been paying those
twenty-five hundred dollars ($2,500) for "X" number of months. In fact, they have been paying
this...
(UNINTELLIGIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Lacasa: Yes.
Commissioner Dawkins: When is the City going out with the RFP?
Mr. Odio: We will have it in June, sir.
Commissioner Dawkins: In June.
Mr. Odio: We'll ask permission to go out on the RFP in June.
Commissioner Dawkins: Beg pardon? Say what, now?
Mr. Odio: June or... the first meeting of June or the first meeting of July, we'll have it ready.
Commissioner Dawkins: And how long must it be out?
Mr. Odio: Ninety days.
Vice Mayor Gort: Ninety days.
Commissioner Dawkins: And then come... What is the date you expect to open the bid and
award it?
Mr. Odio: It would be - what? - October? October.
Commissioner Dawkins: 0& October, November.
Commissioner Carollo: We'll have it back here by October.
Commissioner Dawkins: November. All right. So November. So what you need to say to this
gentleman is, he will get credit for his repairs, or don't make any repairs until after the RFP.
Commissioner Plummer: That's the smartest thing to do.
A. Quinn Jones, III, Esq. (City Attorney): Let them repair it.
Commissioner Dawkins: See, because, see, somewhere out here... But if he's willing to go
ahead and spend his money... I mean, and not being assured that he's going to get the bid. But if
the gentleman says to the City, in my opinion - and I don't know - that "I'm willing to make the
repairs if you give me a two-year lease and put it out for bid for two years," I don't know. OK.?
But he'd be out of his mind to go make repairs, and we're telling him up front that we're going
to put out an RFP in 30 days.
Commissioner Plummer: I think the thing that we're looking at is...
Mr. Lacasa: Commissioner, let me clarify something. Commissioner, let me clarify something
because...
157 May 23, 1996
Vice Mayor Gort: Excuse me, excuse me, excuse me, Armando. Let me...
Commissioner Plummer: He could be the one who loses.
Vice Mayor Gort: Excuse me a minute. Staff, that's what we're talking about. You've
discussed this with staff, am I correct?
Mr. Lacasa: Yes, because we're talking about two years, not nine months.
Vice Mayor Gort: OK. Staff, my understanding is an RFP will go out. It will be at least a year
before anything happens. This gentleman, my understanding is, they need to do these repairs in
order to increase the business and to bring more people into it. My understanding, for the
numbers that you've given me, this could probably be repaid with a credit within three... four to
five months. And this, I'm sure, will take about a year before it really gets built or anything gets
done. If he's willing to take the chance, I think we should do so. I don't know... Staff, Mr.
Manager, what's your recommendation?
Mr. Odio: Well, I'll tell you why I'm going to recommend that we do it. It's because if they
don't do it, I may have to shut them down, Armando. And, you know, because they're in
violation of some Code requirements, and then we lose it all. So based on that, I recommend
that we do it. But if he hasn't paid it all by the time the RFP is awarded, then whoever receives
the award should pay the balance to the City.
Commissioner Dawkins: Put the... You're going to put that in the RFP.
Vice Mayor Gort: You can make that part of the RFP.
Mr. Jones: It should be.
Mr. Odio: I will put it in the RFP, if you want me to. Yes, I would.
Vice Mayor Gort: OK.
Mr. Lacasa: And I want to give you some comfort, because even though the RFP might be
awarded, about, let's say seven, maybe nine months from now, the fact is that once the RFP is
awarded, you have a period for the construction of the new facility, and these guys are going to
be there no less than two years from today, no less tha two years from today.
Mr. Odio: And...
Mr. Lacasa: So they will have ample time to pay. By the time the other restaurant is built...
Vice Mayor Gort: OK. Do you have a motion?
Commissioner Carollo: How much are they planning on spending there?
Mr. Lacasa: About twenty-five thousand dollars ($25,000).
Commissioner Carollo: Only twenty-five thousand ($25,000)?
Mr. Lacasa: Twenty-five, thirty thousand ($25,000, $30,000).
Mr. Odio: Well, what I want to do... What I want to make sure is that you do not go out and
spend a hundred thousand ($100,000) now.
158 May 23, 1996
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Mr. Lacas: Oh, no. Well, actually, what I suggest we do is that...
Commissioner Plummer: Well, cap it at twenty-five.
Mr. Odio: Cap it at twenty-five.
Commissioner Plummer: Cap it at twenty-five thousand ($25,000), max. That's it.
Mr. Lacasa: How much?
Commissioner Plummer: Twenty-five thousand max.
Mr. Lacasa: Can you do that with twenty-five?
Unidentified Speaker: But that doesn't include the public washrooms.
Mr. Lacasa: Well...
Mr. Odio: I will take care of the washrooms.
Mr. Lacasa: That is an issue...
Mr. Odio: Well, the City should take care of the washrooms, because that is public. They are
public bathrooms that are involved. What we offer him to do is that he takes care of the
bathrooms, and we'll pay the utilities, since the public is using them. The water.
Commissioner Dawkins: But who's going to bring them up to Code?
Commissioner Carollo: You have money for the bathrooms?
Mr. Odio: They should pay for the bathrooms?
Commissioner Dawkins: Why?
Commissioner Carollo: But do you have money for the bathrooms?
Mr. Odio: No. What I mean is, they should pay for the bathrooms and we'll pay the utilities,
which he's been paying now.
Commissioner Dawkins: But if he's saying twenty-five thousand dollars ($25,000) for the
upgrade to the facility, you're adding another ten or fifteen thousand dollars ($10,000 or
$15,000) for the bathrooms.
Mr. Lacasa: Correct.
Commissioner Carollo: You missed that bullet, Mr. Manager.
Mr. Odio: Huh?
Commissioner Carollo: You missed that bullet.
Mr. Odio: Yeah, I miss. I...
159 May 23, 1996
Commissioner Carollo: I was going to ask for money back from the Orange Bowl that we paid.
Mr. Odio: No. I think that... Because I had forgotten that they did not mention the bathrooms.
They have to be fixed. They are public bathrooms. So it... So up it up to thirty-five thousand
($35,000) then.
Mr. Lacasa: That's no problem. In fact, these people - so you know the situation that you have
had throughout the years with these operators here - they have been paying fifty dollars ($50) per
day to maintain bathrooms which are used by the public. Not only by the restaurant customers,
but also by the marina and the customers, and they have been supporting that at their own
expense.
Mr. Odio: But you know, Armando, the bathrooms are required. To have a restroom, you have
to have bathrooms.
Commissioner Plummer: Fifty dollars ($50) a day?
Mr. Lacasa: Yeah, but it's being used by everybody.
Vice Mayor Gort: OK. Do we have a motion?
i
Commissioner Dawkins: I call the question.
j Vice Mayor Gort: We need a motion.
Commissioner Plummer: We got a motion, as I understand it. Thirty-five thousand ($35,000)
max, payable within one year, and they have no obligation to go beyond the award of the RFP.
Mr. Lacasa: Thank you.
Vice Mayor Gort: Right. Is there a second?
Commissioner Carollo: Second.
Vice Mayor Gort: It's been moved and seconded. Any further discussion? Hearing none, all in
favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Thank you, sir. It's unanimous.
l
160 May 23, 1996
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The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-334
A RESOLUTION AUTHORIZING BAYSIDE SEAFOOD RESTAURANT, INC., TO
REPAIR THE RESTAURANT WHICH IT OCCUPIES AND OPERATES ON A
MONTH TO MONTH BASIS AND THE PUBLIC BATHROOMS ADJACENT
THERETO, SITUATED ON CITY OWNED PROPERTY LOCATED AT 3501
RICKENBACKER CAUSEWAY, MIAMI, FLORIDA (THE PROPERTY) AT A COST
NOT TO EXCEED $25,000 FOR THE RESTAURANT REPAIRS AND $10,000 FOR
THE BATHROOM REPAIRS; FURTHER AUTHORIZING THE CITY MANAGER
TO CREDIT BAYSIDE SEAFOOD RESTAURANT, INC., UP TO $35,000 IN THE
FORM OF A MONTHLY RENT CREDIT DURING A PERIOD OF TWELVE (12)
MONTHS FOR COSTS INCURRED IN CONNECTION WITH SUCH REPAIRS;
DIRECTING THE CITY MANAGER TO PROVIDE FOR THE REPAYMENT OF
ANY UNAMORTIZED BALANCE OF THE CREDIT REMAINING AT THE TIME A
NEW TENANT OCCUPIES THE PROPERTY.
(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
NAYS: None,
ABSENT: Mayor Stephen P. Clark
Mr. Lacasa: The next was... The other item was the question of the twenty-five hundred dollars
($2,500) as a floor.
Vice Mayor Gort: The second motion is, it's my understanding, since I've been in here, in all
the leases that we've had is either the... whatever is the maximum of twenty-five hundred dollars
($2,500) or the percentage, whatever is the maximum should be utilized. My understanding,
from what you're telling me, these individuals are paying both. They're paying the minimum
twenty-five hundred dollars ($2,500) plus ten percent of gross.
Mr. Lacasa: That's right.
Commissioner Plummer: What's wrong with that?
Mr. Lacasa: It's a unique case.
Vice Mayor Gort: Well, my understanding is, it's the only case from the...
Commissioner Plummer: I don't see anything wrong with that.
161 May 23, 1996
Commissioner Dawkins: I don't either if...
Commissioner Plummer: If they want to pay us more...
Commissioner Dawkins: ... if everybody else is doing it.
Mr. Lacasa: No. They want to pay either the twenty-five hundred ($2,500) as a floor, or...
Commissioner Dawkins: Why?
Mr. Lacasa: Because... Yes, because that's what everybody does. I mean...
Commissioner Plummer: No, no, no. How long they been paying that?
Mr. Lacasa: Since they are on a month -to -month basis now.
Vice Mayor Gort: A year.
Commissioner Plummer: I don't see a thing... We'll talk about that later.
Mr. Lacasa: J.L., let me explain this situation so you understand what is the equity...
Commissioner Plummer: Well, excuse me. You want me to negotiate, tell me, what is their
gross?
Mr. Lacasa: Let me tell you.
Commissioner Plummer: What's their average gross?
Mr. Lacasa: Let me tell you what is the equity here. To give you an example, the Rusty Pelican,
which is next door...
Commissioner Plummer: I couldn't care less. We're talking about this one. What is their
average gross?
Mr. Odio: Three hundred and thirty thousand ($330,000).
Mr. Lacasa: Four hundred thousand ($400,000) a year.
Commissioner Plummer: Four hundred. So that means I get forty thousand dollars ($40,000)
total.
Mr. Lacasa: That's right.
Commissioner Plummer: How much am I getting...
Vice Mayor Gort: No, no, no. They get forty thousand dollars ($40,000) plus...
Mr. Lacasa: Plus.
Commissioner Plummer: No, no. If I give them the ten percent, I'm getting forty thousand
dollars ($40,000) a year.
162 May 23,1996
t
Mr. Lacasa: Yeah, right.
Vice Mayor Gort: Correct.
Mr. Odio: But they are paying... What he's saying is they are paying twenty-five hundred
($2,500) plus the forty thousand ($40,000). OK.
Commissioner Plummer: Hey, I don't...
Mr. Lacasa: They are paying the floor plus the percentage. What we want is to pay the
i
percentage or the floor, if the floor is more than the percentage, which is what is done.
Mr. Odio: I think it's 11 percent.
Commissioner Plummer: Well, let's put it out to rebidding, and if we don't get a better contract,
we'll let them stay there. That's fair.
Mr. Lacasa: How is that?
Vice Mayor Gort: Come on, J.L.
Commissioner Plummer: Shut up.
Vice Mayor Gort: Come on.
Mr. Lacasa: Come on, J.L.
Commissioner Plummer: Put it out to rebid. If we don't get a higher offer, then we'll let them
stay there. I don't see anything wrong with that.
Commissioner Carollo: Well, only if we do it with all the other places that are month to month.
Commissioner Plummer: There's nothing wrong with that.
Mr. Lacasa: How can you rebid this if you have...
Commissioner Carollo: Well, then, let's go down the list of all the places that we have month to
month and do the same thing.
Commissioner Plummer: I see nothing wrong with that, Joe.
Commissioner Carollo: OK.
Commissioner Plummer: I think the day is coming where we're going to have to do it.
Vice Mayor Gort: OK. What's the wish of this Commission?
i Mr. Lacasa: I am lost. What is the... What is what we are arguing now here?
Commissioner Plummer: We're not arguing.
j Commissioner Carollo: Who's on first, who's on second?
Mr. Lacasa: Pardon me?
163 May 23,1996
Commissioner Carollo: Who's on first, who's on second?
Mr. Lacasa: Let me see if I...
Vice Mayor Gort: My understanding is you have a contract...
Commissioner Plummer: I think that the Manager needs to come back and recommend.
Vice Mayor Gort: Excuse me, J.L. You have a contract since you went to month to month
where you're paying the twenty-five hundred dollars ($2,500) plus the ten percent.
Commissioner Plummer: That's it.
Vice Mayor Gort: You're requesting the waiver of that, either one or the other, whatever is the
top. And the Commission here, from what I've gathered here, unless somebody makes a motion,
they don't feel that they could do it now.
Commissioner Plummer: I agree.
Vice Mayor Gort: Is that a consensus of the Commission?
Commissioner Plummer: That's my consensus. Next item. Let's go.
Vice Mayor Gort: Wait a minute.
Commissioner Plummer: It's five o'clock.
Commissioner Carollo: Commissioner, I think that we got a heck of a long agenda today. If
we're going to set into additional areas, I suggest that we bring it up for the next meeting.
Commissioner Plummer: I'm ready to move to the next item.
Vice Mayor Gort: Why don't you refer this, get back with staff.
Commissioner Carollo: But frankly, this is going to get prolonged. We're never going to finish
today.
Vice Mayor Gort: OK.
Commissioner Carollo: And we haven't even started the Zoning yet.
Commissioner Plummer: We haven't even gotten through half of the agenda.
Commissioner Carollo: Well...
Vice Mayor Gort: Let's get the... Why don't we refer this item, get back with the Manager, and
maybe come back again.
Mr. Lacasa: All right.
Commissioner Plummer: Right.
Mr. Lacasa: Fair enough. Thank you.
164 May 23, 1996
44
Vice Mayor Gort: Nevertheless, you're going to get credit for it, so.
Commissioner Plummer: You're way ahead right now.
Mr. Lacasa: Thank you.
Vice Mayor Gort: OK? Thank you. Sorry, but we have to hear... I understand we have some
items, time certain.
Commissioner Plummer: What's that?
Vice Mayor Gort: Items 68 and 69.
Commissioner Plummer: Sixty-eight and 69. Is that accepting a bid?
Vice Mayor Gort: Flagler Core.
Commissioner Plummer: Huh?
Vice Mayor Gort: Flagler Core. Mr. Manager.
Mr. Odio: Yes, sir.
Vice Mayor Gort: This item, my understanding is we had to hear this at four -thirty, time
certain?
Commissioner Plummer: No, no.
Mr. Odio: Which one is that.
Commissioner Plummer: After four -thirty.
Vice Mayor Gort: Items 68 and 69.
Commissioner Plummer: After four -thirty.
Vice Mayor Gort: After four -thirty, any time. Is that correct?
Mr. Odio: After four -thirty.
Vice Mayor Gort: OK. Never mind.
Mr. Jones: Yeah.
Commissioner Plummer: They don't have to be a time certain. That's only for bids.
165 May 23, 1996
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37. GRANT SIX-MONTH EXTENSION OF DEADLINE FOR OPENING DATE
OF PAUL WALKER PARK CONCESSION AREA (46 W. FLAGLER
STREET).
Vice Mayor Gort: Thirty-one-B. OK, historic preservation.
Commissioner Plummer: What?
Mr. Cesar Odio (City Manager): Thirty-one. You need 31.
i
Commissioner Plummer: We're on 31.
Vice Mayor Gort: No, we're not. I'm sorry. Let me get back and...
Commissioner Plummer: We're on 31.
Vice Mayor Gort: Thirty, 31, yeah.
Commissioner Plummer: She doesn't look like Humberto Hernandez.
Ms. Lucia Dougherty: No. My name is Lucia Dougherty, with offices at 1221 Brickell Avenue.
Humberto Hernandez was here this morning. He couldn't be here this afternoon, and he's asked
that I handle this matter for him. I'm here on behalf of Lazaro Albo, and the Latin American
Gourmet Restaurant, which has a management contract and concession at Paul Walker Park.
Last May 25th, you authorized an extension of the contract conditioned upon two things: One is
that they pull building permits within six months, and then start operations by June 1st this year.
In fact, they have pulled permits. There are the approved plans. We have a contractor. The
contractor is pouring the foundation as we speak today. Of course, we cannot open in June 1st of
this year, so we'd ask for an extension for the opening date as our first request. Secondly, we
would ask for an additional... We have also... have a commitment, a loan commitment for four
hundred and fifty thousand dollars ($450,000) from two private lenders. Those lenders have told
us that we need to have an extension of our existing lease for an additional five years. And
thirdly, we would ask for a reduction in the percentage rent paid from 15 percent down to four
percent.
Commissioner Plummer: Well, I'm listening to the City Attorney over here whispering in my
ear that, in fact, we can't do it.
Ms. Dougherty: All three parts?
Commissioner Plummer: No, on the extension.
Ms. Dougherty: The extension of the time?
Commissioner Plummer: Yeah.
Vice Mayor Gort: The lease.
Commissioner Plummer: I think all of the rest of it is well within accord, and I don't see any
problem with that.
166
May 23, 1996
Commissioner Dawkins: Why are we reducing it from 15 to four percent? Why?
Commissioner Plummer: What?
Commissioner Dawkins: You said reduce it from what to what?
Ms. Dougherty: Well, 15 percent is not in accordance with most of your other leases. For
example, the one you just had here was a ten percent lease.
Commissioner Dawkins: And J.L. Plummer said, "So what?"
Commissioner Plummer: No, but it was twenty-five hundred ($2,500) plus ten percent.
Ms. Dougherty: But it's a much bigger concession. We're talking about a very modest
concession here, and they're putting in four hundred and fifty thousand dollars ($450,000).
Mr. A. Quinn Jones, ESQ (City Attorney): Yeah, but you're talking about a different situation.
` You're talking about the revocable permit, as opposed to something that went out for a
i competitive bidding. And the only thing I can tell the Commission is that - and I feel compelled
to tell you - that, you know, should you grant the extension, you do it ;zubject to someone
complaining that the original RFP (Request for Proposals) for the managemer,; , or RFQ (Request
for Qualifications) or whatever it was for the management agreement, had a set term. And
you've already extended it once, acid, of course, I... That's justifiable, given the fact that the...
you're giving a credit for the period in which the hurricane.., he could not get work done or
whatever. So, I mean, it's your decision. You can do it, but you do it subject to that caveat is
what I'm saying to you.
Commissioner Plummer: All right. The first thing, as I understand it, is the...
Ms. Dougherty: June 1st opening date.
Commissioner Plummer:... June the 1st deadline, for how long?
Ms. Dougherty: We'd like a six-month extension on that. We're under construction right now.
Commissioner Plummer: OK. The second item is the percentage.
Ms. Dougherty: The percentage, from 15 percent now... My understanding, from your
department, is that your... four percent would be in line with the contracts that you have
presently. Rusty Pelican, Bijan's, Havana Clipper, and this Bayside one was at ten percent,
where this is 15 percent, and he's putting in four hundred and fifty thousand dollars into it
($450,000).
Commissioner Plummer: But what is the minimum annual guarantee?
Ms. Dougherty: Seven hundred and fifty dollars ($750)? The minimum annual guarantee is
I seven hundred and fifty dollars ($750) per month.
Commissioner Plummer: Mr. Manager, come help us out here.
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Plummer: Well, there's three items in this thing. The first one is the extension of
time, which I don't think anybody has any problem with.
i
167 May 23, 1996
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El
Ms. Dougherty: The opening date.
Commissioner Plummer: The second, I...
Commissioner Dawkins: The City Attorney has a problem.
Commissioner Plummer: No, not... The extension of time, as far as the... to do the work. The
extension of time is on the additional five years on the contract.
Commissioner Dawkins: Wait a minute. Which... OK. Which part of that do you have a
problem with, Mr. City Attorney, since J.L. Plummer is now interpreting the law?
Mr. Jones: What's problematic is extension of the term.
Commissioner Plummer: I'm just telling you what he said.
Commissioner Dawkins: Beg pardon?
Mr. Jones: The term. That's what's problematic.
Commissioner Dawkins: The term?
Vice Mayor Gort: Yeah.
Commissioner Dawkins: Not the construction of the building.
Mr. Jones: No, I think that's fine. The material term here is the extension of the term.
Commissioner Dawkins: All right. Which are we discussing, Madam City Attorney - I mean
madam attorney.
Ms. Dougherty: We'll take... The first one would be the extension of the opening date, if you
want to take that first.
Commissioner Dawkins: OK. Go right ahead. OK. We're together now.
Mr. Odio: That one is fine.
Commissioner Dawkins: OK, thank you.
Mr. Odio: Because he's under construction now.
Ms. Dougherty: Six months is acceptable to everyone?
Commissioner Dawkins: I move the Manager...
Mr. Odio: But what I suggest is when he gets ready to open, then come back to us, talk about the
percentage he's going to pay.
Ms. Dougherty: That would be fine.
Commissioner Plummer: OK. I so move.
168
May 23, 1996
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Ms. Dougherty: So we have a six-month extension on the opening date? r
Mr. Odio: The problem is, he's been under construction...
Ms. Dougherty: That's fine.
Mr. Odio: ... forever. So.
Ms. Dougherty: OK.
Vice Mayor Gort: OK. There's a motion and a second.
Commissioner Plummer: You don't get it open, we don't have to worry about anything else.
Commissioner Carollo: So she'll need an additional six months extension.
Vice Mayor Gort: For the opening of the...
Commissioner Dawkins: Of the opening date.
Vice Mayor Gort: ...for the opening date.
Commissioner Dawkins: The opening date only.
Commissioner Plummer: Yeah.
Commissioner Dawkins: And the Manager said wait for anything else, because the rainy season
may come, and anything may come, and he may not be finished with the repairs, so the Manager
is saying wait until it's finished, because it may take seven months, it may take eight months,
instead of six months.
Mr. Odio: But Iisten, you need to ask him... Lazaro... He said you said that he could not get
financing for the four -fifty if he didn't get the extension of the term.
Ms. Dougherty: That's the permanent financing, right.
Mr. Odio: Well, OK. So you need...
Ms. Dougherty: We have the construction financing. It's the permanent financing that's the
problem.
Mr. Odio: Oh, OK.
Ms. Dougherty: Thank you very much.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-335
A MOTION RELATED TO THE MANAGEMENT, OPERATION AND
MAINTENANCE OF PAUL WALKER PARK CONCESSION AREA, GRANTING A
SIX-MONTH EXTENSION OF THE DEADLINE FOR OPENING SAID
CONCESSION.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
38. DISCUSS AND DEFER REQUEST FROM GROVE KEY MARINA, INC.
REGARDING SUBLEASE FOR SALE OF BOATS AND MOTORS UNTIL
PRESENT RESTRICTIONS ON THE CITY, AS STIPULATED IN CURRENT
LEASE WITH GROVE KEY MARINA, ARE NEGOTIATED WITH
MANAGER. (See label 76)
----------------------------------------------------------------------------------------------------------------
Viee Mayor Gort: OK. Item 32 - 31-A.
Commissioner Plummer: Thirty -one -A.
Mr. Cesar Odio (City Manager): Before you can... I know what they want. Lucia, I'm going to
allow you to do so, but I want the Commission to know that this operation is paying us minimum
rent on a key property like this one sitting here.
Commissioner Dawkins: So you recommend that we don't do this?
Mr. Odio: No. I want to recommend that you do, but they have us with many restrictions on
what we can and cannot do next door, on our own boat yard.
Commissioner Dawkins: When you say "next door," what you mean?
Mr. Odio: Our own boat yard, the one that we're going to put out for bid.
Commissioner Dawkins: Our boat yard.
Mr. Odio: Merrill Stevens.
Commissioner Dawkins: And "they," who, got restrictions?
170 May 23,1996
r
Mr. Odio: They have restrictions placed on us.
Commissioner Dawkins: OK. I move that this...
Mr. Odio: So I want to see if they...
Commissioner Dawkins: I move that this be deferred until the restrictions are worked out with
the Manager so... to the betterment of the City of Miami's benefit. I so move.
Vice Mayor Gort: OK. It's been moved.
Commissioner Carollo: Second the motion.
Vice Mayor Gort: Is there a second?
Commissioner Carollo: Second the motion.
Commissioner Plummer: Whoa, whoa, whoa. With a proviso that it comes back no later than
when?
Mr. Odio: I'll bring it back in June.
Commissioner Dawkins: And with the proviso that it does not come back until the Manager is
satisfied, period. OK?
Commissioner Plummer: OK. But I'm saying, are we talking 30 days?
Commissioner Dawkins: All right. If it's not... If it's 31, 32, 33, 35, 60.
Vice Mayor Gort: OK?
Commissioner Dawkins: OK, so move.
Vice Mayor Gort: There's a motion and a second.
Commissioner Dawkins: Yes, sir.
Commissioner Carollo: I'm glad to see that you regained your confidence in the Manager.
Mr. Odio: They're paying us a hundred and fifty thousand dollars a year ($150,000)...
Commissioner Dawkins: I don't... Look, no more discussion.
Mr. Odio: ... and they have this restaurant here.
Commissioner Dawkins: There's no further discussion. It's been moved. Call the roll.
Vice Mayor Gort: There's a motion. OK? Any further discussion?
Commissioner Dawkins: No, sir.
Vice Mayor Gort: Being none, all in favor, state so by saying "aye."
171 May 23, 1996
r
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
Commissioner Dawkins: OK.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 96-336
A MOTION TO DEFER AGENDA ITEM 31-A (REQUEST FROM GROVE KEY
MARINA, INC. REGARDING A SUBLEASE FOR THE SALE OF BOATS AND
MOTORS) UNTIL PRESENT RESTRICTIONS ON THE CITY OF MIAMI AS
STIPULATED IN THE CURRENT LEASE WITH GROVE KEY MARINA, INC. ARE
NEGOTIATED WITH THE CITY MANAGER; FURTHER REQUESTING THE
MANAGER TO BRING THIS ISSUE BACK WHEN THIS MATTER IS RESOLVED.
(Note for the Record: Item 31-A later passed as R 96-361.)
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
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
39. INSTRUCT MANAGER TO WORK WITH SALLY JUDE TO FIND
FUNDING FOR HISTORIC PRESERVATION OF BUILDING AT 109 S.W.
SOUTH RIVER DRIVE, AND BRING BACK ISSUE AT A JUNE
COMMISSION MEETING
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Thirty-one-B, Historic Preservation.
Commissioner Carollo: Is Sally Jude or Brenda Marshall here? Sally? There she is.
Ms. Sally Jude: I'm Sally Jude, and I live at 200 Edgewater Drive. And we have a historic
property on the river that is part of the area that you are considering for your restaurant and arts
area on the river. This property is suffering from a lack of a good roof, and is in... It's a
National Register site, and is in danger of really being demolished, just by weather conditions. I
don't know whether to suggest that you might be able to come in and help us here, but I would
like to suggest that this is an important structure for you to try and consider finding... I don't
know whether historic preservation HUD (Department of Housing and Urban Development)
monies or just where the funding might come from, but it has a significant role to play in this
neighborhood and would make a real contribution to the future.
Commissioner Plummer: Which building are you talking about?
172 May 23, 1996
Ms. Jude: 109 Southwest South River Drive.
Commissioner Plummer: Is that the one between you and the water?
Ms. Jude: Right.
Commissioner Plummer: Across the street?
Ms. Jude: Right.
Commissioner Plummer: I'll make a motion that the Manager be instructed to try to work with
Mrs. Jude and find historic funding to do what is necessary.
Commissioner Carollo: Sally, what was the amount that you told me you needed again,
approximately?
Ms. Jude: Sixty thousand dollars ($60,000) would put it in the position that it would be
protected. And then I feel that we can go forward with a restaurateur proposal to do it as a joint
project at that point.
Commissioner Carollo: OK. Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Carollo: There is a motion, there is a second, that you meet with Ms. Jude...
Vice Mayor Gort: Mrs. Jude.
Commissioner Carollo: ... to try to find some funding for this particular item.
Vice Mayor Gort: The historical site at...
Commissioner Carollo: Yeah. And to bring it back to the Commission before next month is up,
either at the first or second meeting.
Mr. Odio: OK, sir.
Ms. Jude: Thank you.
Vice Mayor Gort: OK.
Commissioner Carollo: Thank you, Sally.
(VOTE FOR THE RECORD: Commissioner Plummer exits the
Commission Chambers at 5:10 p.m.
Vice Mayor Gort: Any further discussion? All in favor, state so by saying "aye."
The Commission Collectively: Aye.
173
May 23, 1996
Vice Mayor Gort: Unanimous.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-337
A MOTION INSTRUCTING THE CITY MANAGER TO WORK WITH MS. SALLY
JUDE TO FIND FUNDING FOR HISTORIC PRESERVATION OF BUILDING
LOCATED AT 109 S.W. SOUTH RIVER DRIVE; FURTHER INSTRUCTING THE
CITY MANAGER TO BRING BACK SAID ISSUE AT EITHER THE FIRST OR
SECOND MEETING OF JUNE.
Upon being seconded by Commissioner Carollo, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
40. AUTHORIZE METROPOLITAN DADE COUNTY (ON BEHALF OF CITY OF
MIAMI) TO ADVERTISE FOR / EVALUATE / ACCEPT BIDS FROM
VENDORS -- TO PROVIDE U.S. DEPARTMENT OF AGRICULTURE
(USDA.) APPROVED MEALS TO ELIGIBLE CHILDREN FOR CITY'S
SUMMER FOOD SERVICE PROGRAM - 1996 -- ACCEPT GRANT
($299,760).
-------------------------------------------------------- -------------------------------------------------------
Vice Mayor Gort: Thirty-two.
Commissioner Carollo: J.L., we need you here, 4/5ths vote.
Commissioner Dawkins: OK. He's not here.
Mr. Odio: To receive a grant...
Vice Mayor Gort: This is to receive a grant.
Commissioner Dawkins: We'll go to 30... 33 needs 4/5ths, 34 needs 4/5ths, so we'll have to
take 36, Mr. Vice Mayor, and come back.
Commissioner Carollo: OK. What...
Vice Mayor Gort: Thirty-six.
Commissioner Carollo: Hold on for a moment.
174 May 23, 1996
Commissioner Dawkins: That's our summer feeding.
Mr. Cesar Odio (City Manager): This is for the summer program, food, the food program.
Commissioner Dawkins: That's our summer feeding program. We do it every year.
Vice Mayor Gort: OIL. He's made a motion?
Commissioner Dawkins: So move.
Commissioner Carollo: Second for 36.
Vice Mayor Gort: It's been moved and seconded. Any discussion? Being none, all in favor,
state so by saying "aye."
The Commission Collectively: Aye.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-338
A RESOLUTION AUTHORIZING METROPOLITAN DADE COUNTY ON BEHALF
OF THE CITY OF MIAMI, TO ADVERTISE FOR, EVALUATE, AND ACCEPT THE
BID(S) FROM A VENDOR OR VENDORS TO PROVIDE UNITED STATES
DEPARTMENT OF AGRICULTURE (USDA) APPROVED MEALS TO ELIGIBLE
CHILDREN FOR THE CITY'S SUMMER FOOD SERVICE PROGRAM - 1996;
FURTHER, AUTHORIZING METROPOLITAN DARE COUNTY TO ENTER INTO
THE NECESSARY CONTRACT(S) WITH THE SUCCESSFUL BIDDER(S) FOR
SAID PURPOSE, AND AUTHORIZING THE CITY MANAGER TO DIRECT THE
CHIEF PROCUREMENT OFFICER TO ISSUE THE NECESSARY PURCHASE
ORDER(S), SUBJECT TO AND CONTINGENT UPON THE CITY OF MIAMI'S
ACCEPTANCE OF A GRANT IN THE ESTIMATED AMOUNT OF $299,760.00
FROM USDA THROUGH THE FLORIDA DEPARTMENT OF EDUCATION AND
UPON THE CITY'S APPROPRIATION OF SAID FUNDS FOR THE SUMMER
FOOD SERVICE PROGRAM - 1996.
(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
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
175 May 23, 1996
APPROPRIATIONS ($700,000) FOR CIP 413400: MIAMARINA.
-------------- -------------------------------------------------------------------------------------------------
Vice Mayor Gort: Thirty-seven, accepting grant for Baywood Park shoreline.
Commissioner Carollo: It's a 4/5ths.
Commissioner Dawkins: No, 36 is a companion.
Mr. Walter Foeman (City Clerk): Commissioner, it requires 4/5ths.
Commissioner Dawkins: Thirty-seven is a companion. So move.
Mr. Odio: No, sir. No, sir.
Commissioner Carollo: Thirty-seven is 4/5ths.
Vice Mayor Gort: No, it's not a companion. It's different.
Mr. Foeman: It's 4/5ths.
Commissioner Carollo: No, it's a 4/5ths.
Commissioner Carollo: Thirty-eight, I think we can do, right?
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Carollo: Move 38.
Mr. Odio: This is to finish the Bayside Marina.
Commissioner Carollo: Yeah, the Bayside Marina. Second reading on this one now.
Mr. Odio: Yes, sir.
Vice Mayor Gort: Is there a second?
Commissioner Dawkins: Yes, I guess so.
Vice Mayor Gort: OK. Roll call.
176 May 23, 1996
An Ordinance entitled -
4 AN ORDINANCE AMENDING SECTION V. OF ORDINANCE NO. 11337, AS
AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE, THEREBY INCREASING APPROPRIATIONS
FOR THE CAPITAL IMPROVEMENT PROJECT ENTITLED: "MIAMARINA,"
PROJECT NO. 413400, IN AN AMOUNT NOT TO EXCEED $700,000;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of April 25, 1996, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Carollo,
seconded by Commissioner Dawkins, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11363.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
NOTE FOR THE RECORD: Commissioner Plummer enters the
Commission Chambers at 5:14 p.m.
Commissioner Carollo: Mr. Manager, on this marina, by what date do you contemplate that it
will be finished?
Mr. Odio: You know that, what year?
Unidentified Speaker: One year from the start date.
Mr. Odio: One year from the start date, which will be what?
Unidentified Speaker: Let's see.
Commissioner Carollo: That's not the question that I asked. The date that it will be completed.
i
Mr. Odio: Yeah, that's... When is that?
Unidentified Speaker: I believe they're starting next month.
Mr. Odio: So it would be ready...
Unidentified Speaker: In June of next year.
i
177 May 23, 1996
F
F
r rt
Mr. Odio: They estimate that it will be June of next year.
Commissioner Carollo: June of next year. OK.
Commissioner Carollo: My next question to you is, have you had any kind of conversations with
Bayside in any requests from them that they manage that marina?
Mr. Odio: At one time about two years ago, they wanted that. We have not. I don't intend to do
that. What I would like to do, though, is work out with them... Again, they have placed
restrictions on us. Back in 19... way back, that we could not have permanent tenants in the
marina, and that hurts. That hurts us. We only have a transient marina.
Commissioner Carollo: Well, then you better find something they need pronto...
Mr. Odio: Yeah.
Commissioner Carollo: ... so that we could have a pow -wow and have a tradeoff.
Mr. Odio: Yeah. We need to have at least half of the docks available for permanent.
Commissioner Carollo: Yeah, because that's, you know, very, very unfair.
Mr. Odio: Well, that was agreed prior to building Bayside, unfortunately and...
Commissioner Carollo: It might have been agreed to, but that's very, very unfair to us.
Commissioner Plummer: Well, you know, let's get on the record, Joe - OK? - because you were
gone for a period of time.
Mr. Odio: That was before...
Commissioner Plummer: You know, we have an obligation agreed to in a contract, but it doesn't
say that we have to put in a five million dollar ($5,000,000) arena.
Mr. Odio: No, that's not what we're talking about.
Commissioner Plummer: We could put in a one hundred thousand dollar ($100,000) arena and
be in compliance.
Commissioner Carollo: The marina. "Marina," J.L.
Mr. Odio: That's not what we're talking about. It's not an arena.
Commissioner Carollo: "Marina."
Commissioner Plummer: The marina.
Commissioner Dawkins: J.L. Plummer is right. We're talking about "marina" at Bayside.
We're not talking about an "arena" at Bayside.
Mr. Odio: No, that's right. But the "marina" that we're building, really, what he was asking is
that we have a restriction, that we cannot have permanent dockage there.
178 May 23, 1996
Commissioner Plummer: We set that ourselves.
Mr. Odio: In the contract with Bayside.
Commissioner Carollo: Yeah.
Commissioner Dawkins: But what J.L. is saying - I mean what we're saying is, if they do not
want us to have that, we will put a fifty thousand dollar ($50,000) marina in there.
Commissioner Carollo: Yeah.
Commissioner Plummer: That's... And that puts us in full compliance.
Mr. Odio: The contract says it has to be a first class marina.
Commissioner Plummer: We'll put in a first class fifty thousand dollar ($50,000) marina.
Vice Mayor Gort: J.L., we already voted on that and passed it. Let's go. Item 32.
Commissioner Plummer: All right, fifty-two thousand ($52,000).
----------------------------------------------------------------------------------------------------------------
42. (A) EMERGENCY ORDINANCE: AMEND 11127, WHICH
ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR
SPECIAL REVENUE FUND: HAITIAN NARCOTICS
ENFORCEMENT -- INCREASE APPROPRIATIONS ($65,000) --
ACCEPT GRANT FROM MONROE COUNTY SHERIFF'S OFFICE.
(B) DIRECT ADMINISTRATION TO PROVIDE BREAKDOWN OF
EXPENDITURE IN EACH MINOR OBJECT CODE IN SPECIAL
REVENUE FUND: HAITIAN NARCOTICS ENFORCEMENT --
INCLUDE REPORT ON RESULTS.
Vice Mayor Gort: All right, 32. Haitian Narcotics Enforcement.
Commissioner Dawkins: Hey, let's go... let's... You're going back, OK.
Vice Mayor Gort: Back to the normal.
Commissioner Dawkins: OK.
Commissioner Carollo: Move. Move 32.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Dawkins: I'm going to second it with this understanding. We just had people in
here talking about drug use in that area. This says Haitian Narcotics Enforcement. The area that
we were talking about is Little Haiti.
Mr. Cesar Odio (City Manager): Can that be used there?
179 May 23, 1996
Commissioner Dawkins: So it should be no problem in the world for this City of Miami getting
sixty-five thousand dollars ($65,000) that was not budgeted, spending sixty-five thousand dollars
($65,000) in that area. It should be no problem.
Commissioner Plummer: Can you briefly tell me, Mr. Manager, why we're accepting it from the
Monroe County Sheriff's Office?
Commissioner Dawkins: It was awarded to them by the State of Florida.
Mr. Odio: Because it came through them.
Commissioner Dawkins: And then they... And we have to go there and get our share.
Commissioner Plummer: So Key West got the money, and we got to go begging to Key West to
get...
Commissioner Dawkins: No, it's not beg... Oh, OK. I'm not...
Commissioner Plummer: I don't understand. It doesn't make sense to me.
Commissioner Carollo: Well, I figure you got it from them.
Major Mike Esposito (Special Investigations Section): Commissioner, I'm Major Mike
Esposito, from Special Investigations Section. Basically, the HITDA (High Intensity Drug
Trafficking Areas) Group out of Miami is under Monroe County Sheriff's Office. That's why
we get the money from them. But it's actually HITDA who we're getting that money from.
Commissioner Plummer: OK.
Major Esposito: And at the present time, it's under the Monroe County Sheriff's Office.
Captain Joseph Longueira (Deputy Commander, Police Support Services): We've done the
same thing on other grants. We were the funnel, and we distributed.
Commissioner Plummer: OK. On all of these grants... I think there's - what? - three here?
Major Esposito: That's correct.
Commissioner Plummer: Or four?
Commissioner Dawkins: Three.
Commissioner Plummer: OK. I would like to see on each individual one, how the money is
going to be spent, and then I want a follow-up, once the money is spent, as to what results we
got.
Vice Mayor Gort: Right.
Major Esposito: OK.
Commissioner Plummer: OK?
Major Esposito: It's almost all over now.
180 May 23, 1996
Commissioner Dawkins: And what is... I mean, did we pass 32, Mr. Vice Mayor?
Vice Mayor Gort: No. We're still at it. We're under discussion.
Commissioner Dawkins: Under 32.
Commissioner Plummer: Move it.
Vice Mayor Gort: It's been moved.
Commissioner Plummer: Or second it, whatever. Let's move on.
Vice Mayor Gort: Seconded. Any further discussion?
A. Quinn Jones, III, Esq. (City Attorney): And emergency ordinance...
Vice Mayor Gort: Wait a minute, wait a minute. We have a speaker. Yes, sir.
Mr. Manuel Gonzalez-Goenaga: And a very important one, indeed. The first question was
answered, about the... I didn't know that Monroe County was so generous. And now, I take the
opportunity to also say that in the... Behind the Omni, there is a big problem with drugs there,
and the guys that live there was picked up in Miami Beach. And we should start from the top
down. And you, Mr. Esposito, member of the Special Investigations, investigate a lot of things
instead of protecting Mas Canosa, who does not live in town. Investigate Javier Alvaro Odio. I
am doing it for free.
Commissioner Dawkins: Thank you, sir.
Vice Mayor Gort: OK.
Commissioner Dawkins: Call the roll.
Vice Mayor Gort: Roll call.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11127,
ADOPTED MARCH 24, 1994, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED: "HAITIAN NARCOTICS ENFORCEMENT"; BY INCREASING
THE APPROPRIATIONS TO SAID FUND, IN THE AMOUNT OF $65,000.00;
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE
AMOUNT OF $65,000.00, FROM THE MONROE COUNTY SHERIFF'S
OFFICE, AND TO EXECUTE ANY NECESSARY DOCUMENTS FOR
ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
181 May 23, 1996
4 1
00411.1
was introduced by Commissioner Carollo 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
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
Whereupon the Commission on motion of Commissioner Carollo 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
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11364.
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.
----------------------------------------------------------------------------------------------------------------
43. (A) EMERGENCY ORDINANCE: AMEND 11262, WHICH
ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR
SPECIAL REVENUE FUND: HIDTA ASSET FORFEITURE
RESEARCH -- INCREASE APPROPRIATIONS ($21,000) -- ACCEPT
GRANT FROM MONROE COUNTY SHERIFF'S OFFICE.
(B) DIRECT ADMINISTRATION TO PROVIDE MONTHLY REPORTS
ON HOW MANY CARS WERE CONFISCATED IN LAST 30 DAYS.
Commissioner Dawkins: Mr. Manager... I mean, through the Vice Mayor to the Manager, what
is the HIDTA (High Intensity Drug Trafficking Areas) Asset Forfeiture Research?
Captain Joseph Longueira (Deputy Commander, Police Support Services): Commissioner, when
we work cases for narcotics rings and things like that, we have analysts that go in and look at
like what kind of property somebody owns so that we can go after that property to seize it as part
of the investigation. We want to seize their assets. Ultimately, when we do that, we either get
money for selling those assets, and that's what goes in the Law Enforcement Trust Fund. But a
lot of it, they try and hide who owns the property in corporations, and partnerships, and that's
what these people do - go to find out who the owners are - so we can seize the properties.
182 May 23, 1996
Commissioner Dawkins: And who are the people who do the research?
Captain Longueira: We have analysts that do that. Our...
Commissioner Dawkins: And the analysts work for whom? Are they contracted consultants?
Are they staff police, or who are they?
Captain Longueira: They're police staff and Metro...
Commissioner Dawkins: All right. So therefore, you're taking money, double dipping, paying
police who should be doing this, and tell me that you need this to pay for some more. Give me a
break, now.
Captain Longueira: Commissioner, what this does is allow them to spend more time... The
money here is for overtime, for them to spend additional time doing these things. OK? We also
work as a team with Metro -Dade analysts and... because a lot of these assets cross City
boundaries and County boundaries, and we work together as a team.
Commissioner Plummer: What happened... Joe, real quick like.
Captain Longueira: Yeah. They're all civilians, Commissioner.
Commissioner Plummer: What happened with the fact, when a kid was stopped with drugs in
his car, we confiscated the car? Why did we stop that?
i
Major John Brooks (Assistant Chief, Investigative Division): We still do that, Commissioner.
However, the majority of those cars are not worth the value, in going through the process.
Commissioner Plummer: You haven't seen the cars in Coconut Grove that I've seen.
Major Brooks: Some of the cars...
i
Commissioner Plummer: I mean, BMWs and Mustangs and...
Commissioner Dawkins: No, J.L., don't go that far.
Major Brooks: Some of the cars that...
Commissioner Dawkins: They are old Buicks, they're old Oldsmobiles, they are old Chevrolets.
Commissioner Plummer: I'm talking about the buyers, not the sellers.
Commissioner Dawkins: No, I'm talking about the riders. And they've got eight and nine
hundred dollar ($800 and $900) paint jobs on them, and they got twenty and twenty-two hundred
dollars ($2,000 and $2,200) worth of upholstery in them, and he's going to tell me that's not
worth. confiscating?
Commissioner Plummer: Let me tell you something. If you start confiscating some cars, and the
word goes out, I think you're going to dry up more than you can look at.
Commissioner Dawkins: And I'll tell you what. I'll make...
Commissioner Plummer: I'll tell you what. I want a monthly report from the Police Department
of how many cars you have confiscated in that last 30 days. I want to tell you...
183 May 23, 1996
Commissioner Dawkins: And you put them in... !
i
Vice Mayor Gort: Commissioner Dawkins.
Commissioner Dawkins: You put them in our garage and...
Commissioner Plummer: You put them on the "ankle express."
Commissioner Dawkins: ... and this Commission will hold an auction, and you...
Commissioner Plummer: Public.
Commissioner Dawkins: ... public auction, and I bet you we'll make some money off it.
Commissioner Plummer: Yeah.
Major Brooks: OK.
Vice Mayor Gort: OK. Item 33.
Commissioner Carollo: Move.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Plummer: Second.
Vice Mayor Gort: There's a second. Any further discussion? OK. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11262,
ADOPTED MAY 11, 1995, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED: "HIDTA ASSET FORFEITURE RESEARCH," BY INCREASING
THE APPROPRIATIONS TO SAID FUND, IN THE AMOUNT OF $21,000.00;
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE
AMOUNT OF $21,000.00, FROM THE MONROE COUNTY SHERIFF'S
OFFICE, AND TO EXECUTE ANY NECESSARY DOCUMENTS FOR
ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Carollo and seconded by Commissioner Plummer, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
184 May 23, 1996
T—
10
:,Af °t,
Whereupon the Commission on motion of Commissioner Carollo and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11365.
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.
----------------------------------------------------------------------------------------------------------------
44. (A) EMERGENCY ORDINANCE: AMEND 11261, WHICH
ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR
SPECIAL REVENUE FUND: GEOGRAPHICAL TARGETING
PROGRAM -- INCREASE APPROPRIATIONS ($24,000) -- ACCEPT
GRANT FROM MONROE COUNTY SHERIFF'S OFFICE.
(B) DIRECT ADMINISTRATION TO PROVIDE REPORT STATING: (1)
HOW GEOGRAPHICAL TARGETING PROGRAM MONIES ARE
BEING USED, (2) HOW THEY ARE TARGETED, AND (3)
RESULTS OF GOALS OF PROGRAM.
Commissioner Dawkins: Mr. Vice Mayor, see, this is where I get confused with the Police
Department. Please. OK? Now, you got 34, establishing a special revenue fund entitled
"Geographical Targeting Program." Then you come over here... Now, we just had money for
HIDTA (High Intensity Drug Trafficking Areas) Asset Forfeiture Research. Then you go back
over here and you put in some more verbiage, which says "Haitian Narcotics Enforcement." All
of this is the same police work, and you guys are just taking money, juggling it around.
Captain Joseph Longueira (Deputy Commander, Police Support Services): Commissioner, what
we're really doing is, the Federal government, when they give money, they say you have to have
a project that falls in this description...
Commissioner Plummer: Identify it.
Captain Longueira: ... and another one in this one, and another one in this one. Well, we applied
for the different ones. We don't control what it's called. We don't control the target. That's set
in Washington, and we get an announcement, and we put in for the money. That...
Commissioner Dawkins: OK. What is geographical targeting?
Captain Longueira: Commissioner...
Major John Brooks (Assistant Chief, Investigative Division): Basically, what it is,
Commissioner, it's monies that we receive from the Federal government to...
185 May 23, 1996
fI
Commissioner Dawkins: What is... No, no, no. Now, see, that's the third time you told me
what the money is.
Vice Mayor Gort: What did you do with it?
Commissioner Dawkins: What do... Yeah.
Vice Mayor Gort: How did you use it?
Major Brooks: We targeted mid -level a number...
Commissioner Dawkins: No, no, no. What is "targeting"? OK? Is that when you take a... you
put a big bull's eye and target it, or what is it?
Major Brooks: It's investigate, basically, is what it is, to investigate.
Vice Mayor Gort: A specific target area.
Commissioner Dawkins: So what you do, you take that money, and you identify hot areas, and
you target those for...
Major Brooks: This is.. It's the Federal government sets some parameters, and that is that it can
only be used for mid -level and upper level narcotics. Basically, if it involves, like, any of the
sales of the Cali Cartel, or anything of that nature, that's where that would come in. Last year,
we utilized it in several operations, one of which you probably read about in the paper recently,
which was that "Zorro 2" investigation.
Commissioner Dawkins: You see, this is what confuses me. I ask a simple question, which, in
my mind, only requires a simple answer. And yet, you editorialize and verbalize with a lot of
verbiage that I don't... It's not necessary. See, a simple... A simple one sentence could answer
the question. But you guys have stayed over there, and you process this, program this, and you
get up and you just... hey, you got to go through your speech. OK? I move it.
Vice Mayor Gort: My suggestion is, give us a report. I'd like to see a report on how that money
is being used, how is it being targeted, and what are the results and goals. I think all of us would
like to have that.
Major Brooks: OK.
Vice Mayor Gort: OK. It's been moved. Is there a second?
Commissioner Carollo: Second.
Vice Mayor Gort: Moved and seconded. Call the roll.
r
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11261,
ADOPTED MAY 11, 1995, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED: "GEOGRAPHICAL TARGETING PROGRAM, BY INCREASING
THE APPROPRIATIONS TO SAID FUND IN THE AMOUNT OF $24,000.00;
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE
AMOUNT OF $24,000.00 FROM THE MONROE COUNTY SHERIFF'S OFFICE,
AND TO EXECUTE ANY NECESSARY DOCUMENTS FOR ACCEPTANCE
AND IMPLEMENTATION OF SAID GRANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Dawkins and seconded by Commissioner Carollo, 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Whereupon the Commission on motion of Commissioner Dawkins and seconded by
Commissioner Carollo, adopted said ordinance by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11366.
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.
Major Brooks: Thank you very much.
187 May 23, 1996
----------------------------------------------------------------------------------------------------------------
45. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND:
SUMMER FOOD SERVICE PROGRAM FOR CHILDREN - 1996 --
APPROPRIATE FUNDS ($299,760), CONSISTING OF GRANT FROM U.S.
DEPARTMENT OF AGRT.CULTURE (USDA) THROUGH FLORIDA
DEPARTMENT OF EDUCATION -- ACCEPT GRANT AWARD.
----------------------------------------------------------------------------------------------------------------
i
Vice Mayor Gort: Thirty-five.
i
Commissioner Carollo: Move 35.
Mr. Cesar Odio (City Manager): The reason that...
Commissioner Dawkins: We did 35, didn't we?
Mr. Odio: No, sir.
Vice Mayor Gort: No, we did 36. Thirty-five, we need to move on.
Commissioner Dawkins: Yeah, 35, you're right, 35.
i
Mr. Odio: The reason that it's an emergency.
Commissioner Dawkins: Second, second.
Vice Mayor Gort: It's been moved and seconded. Any further discussion? Read the ordinance.
Commissioner Dawkins: Read the ordinance.
Commissioner Plummer: This does go out to a bid, right?
Vice Mayor Gort: Roll call.
Mr. Albert Ruder (Director, Parks and Recreation Department): Item 36 was the bid...
Mr. Cesar Odio (City Manager): Yeah, it did go out. It's on the County.
Mr. Ruder: ... was the bid. We piggyback on the County's bid so we could get a better price.
Commissioner Plummer: OK.
Commissioner Dawkins: I don't know how better the price is, but we do piggyback.
I
i
188 May 23, 1996
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN -
1996" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN
THE AMOUNT OF $299,760.00, CONSISTING OF A GRANT FROM THE
UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE
FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Carollo 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Whereupon the Commission on motion of Commissioner Carollo 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11367.
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.
189 May 23, 1996
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46. EMERGENCY- ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: -
BAYWOOD PARK SHORELINE ENHANCEMENT PROJECT --
APPROPRIATE FUNDS ($75,590) FROM FLORIDA INLAND NAVIGATION
DISTRICT GRANT AWARD, UNDER 1995-1996 WATERWAYS
ASSISTANCE PROGRAM PROJECTS -- FOR SHORELINE
ENHANCEMENT PROJECT TO BAYWOOD PARK (890 N.E. 69 STREET) --
ACCEPT GRANT.
Vice Mayor Gort: Item 37, accepting a grant.
Commissioner Carollo: Move 37.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Dawkins: Second.
Vice Mayor Gort: Second. Any discussion? Hearing none, read the ordinance. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "BAYWOOD PARK SHORELINE ENHANCEMENT
PROJECT" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $75,590.00,
RECEIVED AS A RESULT OF A GRANT AWARD FROM THE FLORIDA
INLAND NAVIGATION DISTRICT, UNDER THE 1995-1996 WATERWAYS
ASSISTANCE PROGRAM PROJECTS, FOR A SHORELINE ENHANCEMENT
PROJECT TO BAYWOOD PARK, LOCATED AT 890 NORTHEAST 69TH
STREET, MIAMI, FLORIDA, FURTHER AUTHORIZING THE CITY
j MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO IMPLEMENT SAID ACCEPTANCE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Carollo 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
i NAYS: None.
ABSENT: Mayor Stephen P. Clark
190 May 23, 1996
Whereupon the Commission on motion of. Commissioner Carollo 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 1.1368.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
I ---------------------------------------------------------------------------------------------------------------
47. FIRST READING ORDINANCE: AMEND CODE CHAPTER 42 --
ESTABLISH MAXIMUM TOWING / STORAGE RATES CHARGED
BY BUSINESS ESTABLISHMENTS ENGAGED IN RECOVERING /
TOWING / REMOVING / STORING MOTOR VEHICLES PARKED
ON PRIVATE PROPERTY WITHOUT PROPERTY OWNERS'
PERMISSION.
Vice Mayor Gort: Item 39.
Commissioner Plummer: What happened to 38.
A. Quinn Jones, III, Esq. (City Attorney): They passed it.
Commissioner Carollo: We did it, Mr. Plummer.
Commissioner Dawkins: We did that.
Vice Mayor Gort: While you were outside, we passed it.
Commissioner Plummer: OK.
Vice Mayor Gort: We took advantage of you.
Commissioner Plummer: Is this the...
Vice Mayor Gort: This is establishing the maximum towing charges.
Captain Joseph Longueira (Deputy Commander, Police Support Services): All right. That's the
ordinance for towing, requirements for towing from private property. All the fees associated and
the requirements of the wrecker companies, and the wreckers that they use to tow, they have to
meet certain minimum standards, and that'- what this ord... It brings us in accordance with the
County's towing ordinances. The companies that do this that have not had a raise or fee
structure in, like, eight years. And this brings it in line with the County ordinance.
191
May 23, 1996
Commissioner Plummer: So move. j
Vice Mayor Gort: There's a motion. Is there a second?
Commissioner Dawkins: Second. Under discussion.
Commissioner Carollo: Under discussion.
Vice Mayor Gort: Commissioner Carollo.
Commissioner Carollo: Can we hear from the people in the trade? Is there anyone here in the
towing business that would like to speak?
Commissioner Dawkins: OK.
Captain Longueira: Do you guys agree or disagree?
Commissioner Dawkins: Not... No, that doesn't make any... What I need to know is, my
discussion is, does this apply to the people who bid, and win the towing contracts within the City
of Miami, or is this for Dade County?
Captain Longueira: This has nothing to do with either one.
Commissioner Dawkins: OK. Well...
Captain Longueira: These are for... private companies that tow off of private property. In other
words, if you own an apartment complex, and people park there, and you want to tow them off,
these are the rates that they can charge, the maximum rates.
Commissioner Dawkins: See, but the problem I have with this... I mean, the problem I have is I
see these individuals whom you are talking about drive up, put the thing down, pull people's car
up on it, and the person comes out, and his car is gone, and it's no marker on the wrecker, and
the car is gone.
Captain Longueira: If there's no markings on the wrecker and no license... permit numbers and
stuff like that, they're in violation. If you get...
Commissioner Dawkins: Well, why don't you guys put them in jail?
Captain Longueira: Well, we have an officer that works on that.
Commissioner Dawkins: But one officer can't... All right. How many square miles in Miami?
Captain Longueira: Thirty-four point four.
Commissioner Dawkins: And one officer has to cover 34 square miles a day?
Captain Longueira: No, he's not the only officer that can do it.
Commissioner Dawkins: You just said that. You just said that.
Captain Longueira: No. He's... We have one officer that specializes in wreckers. Other
officers can do it. OK? Any police officer can enforce that.
192 May 23, 1996
4
Commissioner Dawkins: Well, they should be doing it. They should be doing it.
Captain Longueira: And they do if they catch them.
Commissioner Dawkins: Well, how is it they don't catch them?
Captain Longueira: Commissioner, we make arrests all the time.
Commissioner Dawkins: And what do you do with the trucks?
Captain Longueira: I don't believe there's anything we can do...
Commissioner Dawkins: You can't confiscate the truck?
A. Quinn Jones, III, Esq. (City Attorney): No, other than fine them. The only thing you can do
is fine them.
Captain Longueira: I don't think we can confiscate the truck.
Commissioner Dawkins: Why?
Vice Mayor Gort: Fine them.
Captain Longueira: It doesn't comply...
Commissioner Dawkins: It's illegal activity.
Captain Longueira: No, it doesn't comply under those kinds of laws.
Commissioner Dawkins: OK. Well, why don't we get a law that says, this is racketeering.
You're stealing people's cars, and just like they got the RICO Act for everything, why can't you
use the RICO Act for that?
Captain Longueira: Ask the Law Department to check into it and come...
Commissioner Dawkins: No, no, no. I'm going to ask you, and then you tell me, and I can ask
the Law Department if it's correct.
Captain Longueira: Hey, if they give us that tool, I'll use it. I'll be glad to have it. If he can
make it legal, we'll do it. We'll take their trucks.
Commissioner Dawkins: He don't have to make it legal. I can hire outside counsel to make it
legal.
Captain Longueira: We'll be glad to do it.
Commissioner Plummer: Where are we?
Commissioner Dawkins: But I don't... We...
i
Vice Mayor Gort: Where are we? We're talking about the rates.
Commissioner Dawkins: What you're going to do with this, J.L. That's where we are, 39.
193 May 23, 1996
r
Vice Mayor Gort: We need to approve the rates.
Commissioner Plummer: Hey, I... Regardless of what you want to do, and I understand what
you're trying to do, this is still the bottom line, and we need to pass this. And then if we can do
the other things you're talking about, we do them.
Commissioner Dawkins: OK.
Commissioner Plummer: But regardless of whether we can or we can't, we still need to pass
this.
Vice Mayor Gort: Right.
Commissioner Dawkins: Here's a gentleman wants to be heard, there's a gentleman wants to be
heard, and here's two people over here want to be heard.
Mr. Orlando Molina: Good evening. My name is Orlando Molina from Molina Towing
Company, 2151 Northwest 7th Avenue. Mr. Commissioner, what we have here today is an
ordinance that was passed on the City of Miami eight or ten years ago to control the private tow -
away industry. When this thing started, if you remember, it was no price control on the vehicles
towed by private enterprise. That's a vehicle that was illegally parking on private property. And
he hired an independent towing company or any towing company to do the service as a private.
And then, he turn around and charged him two hundred and fifty dollars ($250) to the tow. And
the City of Miami passed ordinance to regulate those prices, the maximum of sixty-five dollars
($65). Today, they came to the Commissioners to set up the standard price as Dade County set
out the same ordinance after the City of Miami regulated it. And what I think it is today, the
maximum standard on the Metro -Dade, today, is eighty-five dollars ($85), and I think, as
anybody tow for Metro -Dade, can say what it is, because 1 think it's eighty-five dollars ($85) is
all. And the City of Miami, today, is sixty-five dollars ($65). And I think what they want is to
set up the standard price to eighty-five dollars ($85) is a County ordinance. And I don't know if
you agree to pass to the same ordinance the County has, or just leave it as it is standing now. It's
up to you to upgrade it.
Commissioner Dawkins: Thank you.
Vice Mayor Gort: OK. Next.
Mr. Manuel Velazquez: Good afternoon. I'm Manny with Midtown Towing. I'm going to
explain to you...
Vice Mayor Gort: Give me your full name and address, please.
Mr. Velazquez: Manuel Velazquez, Midtown Towing, 551 Northwest 72 Street. To answer
your question, Commissioner Dawkins, on private property tow-aways, it doesn't state like on a
City contract. The private property owner has to call the towing company to remove that vehicle
off their property. OK? That's the way the law explains. i think what they're trying to do here
is like they're explaining the towing rate for Dade County is eighty dollars ($80). OK? Every
time we tow a vehicle off private property for the City of Miami it's supposed to be fifty-five
dollars ($55) and ten dollars administrative fee, which we pay you guys. When you piggyback
the County ordinance, I don't know how you guys are going to work out the admin. fee for you
guys to get paid on that. That's the only thing that I see.
Commissioner Dawkins: Thank you.
194
May 23, 1996
Mr. Velazquez: Correct me if I'm wrong.
Captain Longueira: No. There's an admin. fee now, though.
Unidentified Speaker: Five dollars ($5).
Captain Longueira: We're going to raise it to ten ($10).
Mr. Velazquez: You're going to go eighty plus ten? Is that what you're doing?
Captain Longueira: No, no. It's eight dollars ($80) maximum, seventy ($70) and ten ($10) for
class A; one fifty ($150) - one forty ($140) and ten ($10) for class B; and one seventy ($170) -
one sixty-five ($165) and ten ($10) for class C.
Mr. Velazquez: All right. Thank you, sir.
Commissioner Dawkins: And the... I'm sorry. Go ahead.
Ms. Lorraine Lichtman: Hi. My name is Lorraine Lichtman. I'm owner of Midtown Towing.
What I feel on this is that you might have failed to understand. In order to tow a car off of
private property, the property owner could hire any towing company they want, and you have to
have an agreement with them. These towing companies are not allowed to tow a car off the
property unless there is a security guard there, or unless the owner of the property is there, or if
it's an apartment house, if he has a manager or whoever he puts on that agreement. So
somebody can't just call up and say, "I want this car towed off the property." And I feel like
eighty dollars ($80), you know, if they just want to piggyback, is OK, but, you know, it's... I
charge like fifty dollars ($50) when I tow cars in the City. But I guess if you want to piggyback
the County at eighty ($80), it's OK, and ten dollars ($10) administrative fee. But the main
problem is, what we're having with private property towing, is that people go and tow cars off
the property without security there, or without an owner there, or somebody that owns the
property.
Commissioner Carollo: Do you feel that eighty ($80) is high for the City?
Ms. Lichtman: Well, I feel like each company has to use their own judgment. I mean, I have a
lot of people that... tow-aways that I do, and if somebody comes into my office and I feel that
they're indigent and don't have the money, of course, I'm going to do a hardship case and give
them a break, but I guess that's going to have to be up to the owner of the company.
Commissioner Carollo: Well, let me rephrase the question. Can the towing companies still
make a reasonable profit if they charge the present rate, which is - what? - fifty-five ($55) plus
ten ($10)?
Captain Longueira: Yes, sir, for class A.
Commissioner Carollo: Yeah.
Ms. Lichtman: It's sixty-five ($65), isn't it, for tow-aways, sir?
Vice Mayor Gort: Class A is fifty-five ($55) plus... fifty ($50) for the company and five ($5) for
the City, for administrative.
Commissioner Carollo: Fifty-five ($55). Fifty ($50) plus five ($5). I mean, can you live with
that now?
195 May 23, 1996
Ms. Lichtman: Well, I can, but I don't know... You know, I feel like the other towing
companies should use their discretion. If they have to give somebody a break, if you want to
raise it to eighty ($80).
Commissioner Dawkins: I feel...
Ms. Lichtman: And also, you should... If somebody does come out when the tow truck is
hooking up to the car, and they... the towing truck has the car on the hook, they should not be
charged the whole rate. They should be charged half.
Commissioner Dawkins: OK. You have something to say, sir?
Mr. Eddie Blanco: Yes, sir. How you doing? I'm Eddie Blanco from Freeway Towing in
Miami. About the eighty dollars ($80), I think that's fair, OK, considering the qualifications we
need as towing vendors in order to tow for your City, or County, or however it may be. Just in
insurance rates alone, we're getting hung up, you know. I think eighty dollars ($80) is more than
fair to tow out of private property, considering the type of equipment that we need.
Commissioner Carollo: But nevertheless, we've had people lined up to tow at fifty-five ($55),
right?
Mr. Blanco: I'm currently towing at fifty-five dollars ($55) now. I'm a City vendor as it is. I'm
speaking on behalf of the City vendors.
Commissioner Carollo: Yeah, and I don't know of anyone that's refused to tow for us at fifty-
five ($55), right?
Captain Longueira: Well, they're not towing for us, understand. This is for private.
Commissioner Dawkins: It is for us. It's in the City of Miami.
Commissioner Carollo: And we're the ones that are setting the rates. So indirectly... I mean,
it's not for us, but we're setting the guidelines.
Commissioner Dawkins: Well, personally, Joe, and the rest of you, to go from fifty-five ($55) to
eighty-five ($85) is twenty-five dollars.
Captain Longueira: Fifty-five ($55) to eighty ($80).
Commissioner Carollo: Thirty.
Commissioner Dawkins: Thirty dollars ($30).
Commissioner Carollo: To eighty ($80), fifty-five ($55) to eighty ($80).
Commissioner Dawkins: Thiryt-five ($35). No, thirty-five dollars ($35).
Commissioner Carollo: Fifty-five ($55) to eighty ($80).
A. Quinn Jones, III, Esq. (City Attorney): It's twenty-five dollars ($25). It's twenty-five dollars
($25).
Commissioner Dawkins: And to go from sixty-five ($65) to a hundred and fifty ($150) is eighty-
five dollars ($85).
196
May 23, 1996
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Captain Longueira: Yes.
Commissioner Dawkins: And to go from ninety ($90) to a hundred and seventy-five ($175) is
another sixty-five dollars ($65). With the economy being what it is, and people struggling to
make a living... I mean, they have no business parking there, Joe, that's number one. But I don't
see the need... I mean, I don't see why I should permit a towing rate to go up eighty-five dollars
($85), for me to add another five dollars ($5) administrative charge. I don't see that. It's not
worth that to me.
Captain Longueira: Commissioner, it's your will. The only thing I would ask, if you want to
modify the rate structure, let's modify the rate structure, but keep the requirements that they have
to comply with, adopt those requirements.
Commissioner Dawkins: I don't have any problems with the requirements, because that's yours,
professionally. But I do have a problem with, in my opinion, ripping people off for towing.
Captain Longueira: That's your call, Commissioner. Give us guidance.
Mr. Blanco: Sir, may P May I? May I speak? It's only a fifteen dollar ($15) price increase that
you're looking at for...
Commissioner Dawkins: Beg your pardon? For where?
Mr. Blanco: From fifty-five ($55) to seventy ($70).
Commissioner Dawkins: No, no, it says fifty-five ($55) here to eighty ($80), basic rate.
Mr. Blanco: Eighty ($80). But we have to give the City an admin. fee, so it lowers our price
rate to seventy ($70).
Commissioner Dawkins: Yeah, but...
Mr. Blanco: Our total is seventy ($70).
Vice Mayor Gort: OK.
Mr. Manuel Gonzalez-Goenaga: Well, I'm speaking.
Commissioner Dawkins: I'll be bound by the will of the majority.
Mr. Gonzalez-Goenaga: No, of the citizens.
Commissioner Dawkins: No, no...
Mr. Gonzalez-Goenaga: No? OK, let me explain. I speak in the name of the citizens and a
victim, not of the tow trucks. The victims...
Commissioner Carollo: Excuse me, Manny. And also, as the only expert witness on towing.
Mr. Gonzalez-Goenaga: On towing, yes. I have been charged, because, of course, I am put in
jail, and by the time I come out, I have to pay enormous charges, whatever, like a hundred and
fifty ($150). But I have the confidence and faith that I will recover that in the near future. Yet
what I do not like... And of course, this policeman, Wilfredo Perez-Barroto (phonetic), is out of
197
May 23, 1996
the police, unless Cesar Odio reinstates him. He was the one who, for nothing, have arrested me.
And the marvelous investigation by...
Commissioner Plummer: Manny, what has this got to do with towing?
Mr. Gonzalez-Goenaga: It has to do that something must be done, because your car will never
be towed, none of the policemen's cars will be towed.
Commissioner Dawkins: That's right. You're right, partner. You're dead right.
Mr. Gonzalez-Goenaga: We are the sufferers. We are the goat suckers of this town, and we
maintain all of you, except these Commissioners that earn very little. Come on. I... How shall I
tell you that you... The best thing you can do is throw away Cesar from this Administration.
Thank you.
Commissioner Plummer: Either talk about the increase, or no increase, but this is ridiculous.
Vice Mayor Gort: OK, that's it. Come on.
Commissioner Carollo: He did. He wants...
Mr. Gonzalez-Goenaga: Let's change this whole management.
Commissioner Carollo: He wants Cesar to be towed away, is what he said.
Vice Mayor Gort: What do you guys want to do?
Commissioner Plummer: Well, we'll tow Cesar away. I mean...
Vice Mayor Gort: What's the motion?
Mr. Gonzalez-Goenaga: We don't have the power. You do.
Vice Mayor Gort: How do you guys feel about it?
Commissioner Carollo: Well, this is up for first reading. I'm not in favor of increasing it to
what amounts to more than... What it comes to is almost 50 percent, like a 45 percent increase
on most of these items. We need to pass and amend the Code, but I'm not in favor of going that
high on the rates.
Captain Longueira: Commissioner, like you said, this is a first reading. If you pass it the way
it's written, on the second reading, we could reduce the amount, if we haven't proven to you by
then that it's required.
Commissioner Carollo: For the purpose only of moving on so that we won't be here until
midnight tonight, only for that purpose on first reading, with the understanding that you're going
to come back, you can talk to me and the other members of the Commission, and we will come
to a reasonable increase. Only for that purpose will I make the motion to approve it on first
reading.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Plummer: Second.
198
May 23, 1996
Vice Mayor Gort: OK. Any further discussion? Being none, read the ordinance. Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ESTABLISHING MAXIMUM TOWING AND
STORAGE RATES THAT MAY BE CHARGED BY BUSINESS ESTABLISHMENTS
ENGAGED IN THE PRACTICE OF RECOVERING, TOWIING, REMOVING AND
STORING MOTOR VEHICLES WHICH ARE PARKED ON PRIVATE PROPERTY
IN THE CITY OF MIAMI WITHOUT THE PERMISSION OF THE OWNER OF THE
PRIVATE PROPERTY; MORE PARTICULARLY AMENDING SECTIONS 42-74, 42-
78, 42-80; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
INCLUSION IN THE CITY CODE.
was introduced by Commissioner Carollo, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: Commissioner Miller J. Dawkins
ABSENT: Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
NOTE FOR THE RECORD: City Manager Odio exits the
Commission c am er at 5:40 p.m., and Assistant City Manager
Waldemar Lee acts in his stead.
------------------------------------------- --------------------------------------------------------------
48, FIRST READING ORDINANCE: CHANGE DATE FOR CITY OF MIAMI
MUNICIPAL RUN-OFF ELECTION SCHEDULED FOR VETERANS' DAY,
NOVEMBER 11, 1997, TO NOVEMBER 13, 1997.
Vice Mayor Gort: First reading, item 40.
Commissioner Plummer: Move it.
Commissioner Dawkins: Second.
Vice Mayor Gort: Moved and seconded. Any discussion? Being none, all in favor, state so by
saying "aye."
The Commission Collectively: Aye.
199 May 23, 1996
r
A. Quinn Jones, III, Esq. (City Attorney): No, it's an ordinance. }
Commissioner Dawkins: Move it.
Vice Mayor Gort: Call the roll.
An Ordinance entitled -
AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS; CHANGING THE
DATE FOR THE CITY OF MIAMI MUNICIPAL RUN-OFF ELECTION NOW
SCHEDULED FOR VETERANS' DAY, TUESDAY, NOVEMBER 11, 1997, TO
THURSDAY, NOVEMBER 13, 1997, BECAUSE OF THE CONFLICT WITH SAID
NATIONAL HOLIDAY; DIRECTING THE CITY CLERIC TO TRANSMIT A
CERTIFIED COPY OF THIS ORDINANCE TO THE DADE COUNTY ELECTIONS
SUPERVISOR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
49. RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE COMPETITIVE
SEALED BIDS -- APPROVE PURCHASE / INSTALLATION / REPAIR OF
AIR CONDITIONING EQUIPMENT / RELATED COMPONENTS AT
BELAFONTE TACOLCY CENTER -- FROM CHISHOLM BROS., INC. --
ALLOCATE FUNDS ($40,000) FROM CIP 331364.
Commissioner Dawkins: Move 41.
I Commissioner Carollo: Second.
Vice Mayor Gort: It's been moved and seconded. Any discussion? Being none, all in favor,
state so by saying "aye."
200 May 23, 1996
P
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO, 96-339
A RESOLUTION, BY 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE,
INSTALLATION AND REPAIR OF AIR CONDITIONING EQUIPMENT AND
RELATED COMPONENTS, AT THE BELAFONTE TACOLCY CENTER, FROM
CHISHOLM BROS., INC., IN A TOTAL AMOUNT OF $40,000; ALLOCATING
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 331364;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER 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 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
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
50. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO AUTHORIZE MANAGER TO ENTER INTO PARKING USE
AGREEMENT WITH OFF-STREET PARKING DEPT., FOR CITY'S USE OF
MUNICIPAL PARKING LOTS 16 & 17 (LOCATED UNDER I-95 AT S.W.
NORTH RIVER DRIVE), TO PROVIDE PARKING FOR CITY EMPLOYEES
AND CITY -OWNED VEHICLES AT ANNUAL FEE OF $13,000.
Vice Mayor Gort: Forty-two.
Mr. Cesar Odio (City Manager): These are the two lots that we're preparing for the employees,
now that we're going to switch them over there, I guess. This is part of...
Commissioner Dawkins: And we have to pay the Off -Street Parking thirteen thousand dollars
($13,000) to lease these lots?
201 May 23, 1996
r
Mr. Odio: Yeah. They own these lands and the lots. DOT (Department of Transportation), they
own...
Commissioner Dawkins: But why is it...
Vice Mayor Gort: DOT owns it.
A. Quinn Jones, III, Esq. (City Attorney): Oh, DOT?
Vice Mayor Gort: And they get it for a dollar ($1) a year.
Mr. Odio: Yeah. And then we... They are paying for the improvements, part of the
improvements, I guess.
Commissioner Dawkins: OK. DOT owns it. Who's getting it for a dollar ($1) a year?
Mr. Eduardo Rodriguez (Director, Asset Management) DOSP (Department of Off -Street
Parking).
Vice Mayor Gort: Oh, DOSP gets it for a dollar ($1) a year.
Mr. Rodriguez: Right.
Commissioner Dawkins: They get it for a dollar ($1) a year?
Mr. Rodriguez: Right. And...
Commissioner Dawkins: Well, if they're getting it for a dollar a year, why must I pay thirteen
thousand ($13,000)?
Mr. Rodriguez: Well, I don't know if there's anybody here from DOSP. I suppose, yes. I think
they...
Mr. Odio: Well, let me do this.
Mr. Rodriguez: OK.
Mr. Odio: Let me pull this out. His employees are beginning to use our gym in the new
building, and maybe this probably should... Let's come back.
Vice Mayor Gort: Renegotiate, yes. OK. That's deferred.
END OF DISCUSSION -- NO ACTION TAKEN
202 May 23, 1996
----------------------------------------------------------------------------------------------------------------
I 51. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO AUTHORIZE (1) ALLOCATION OF $42,000 FROM COMPREHENSIVE
CITYWIDE COMMERCIAL REHABILITATION FACADE TREATMENT
PROGRAM (PROJECT 799602), AND (2) REALLOCATION OF $44,800
FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONTINGENCY ACCOUNT, TO REHABILITATE 62 BUSINESS
PROPERTIES IN ALLAPATTAH, EDISON / LITTLE RIVER, LITTLE
HAVANA, AND WYNWOOD / EDGEWATER TARGET AREAS, AND TO
ESTABLISH FUNDING MATCH AND REQUIRE SUBMISSION OF
DOCUMENTATION PERTAINING TO FACADE REHABILITATION
PROJECTS.
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: Forty-three.
Mr. Jones: It's 42.
Vice Mayor Gort: That was taken, 42.
1
Mr. Odio: Forty-four, 44. We did 43.
Vice Mayor Gort: We did 43. Forty-four.
Commissioner Plummer: Where are we?
Vice Mayor Gort: This is commercial facade from the CDBG (Community Development Block
Grant) Fund for the different neighborhoods and CBOs (community -based organizations).
Commissioner Dawkins: Each business will come back before us?
Commissioner Plummer: Forty-four?
Commissioner Dawkins: Forty-four, mm-hmm.
Vice Mayor Gort: Commercial facade rehab.
Mr. Elbert Waters (Director, NET/Community Development): In each area, Commissioners, we
have... In Allapattah, we have a total of 29 businesses that would be participating in the
program. In Edison/Little River, there are a total of 12 businesses; in Little Havana Small
Business Opportunity Center, there will be a total of 12; in Wynwood/Edgewater, there's a total
of ten businesses. Each one receives a maximum of two thousand dollars ($2,000), with the City
of Miami contributing 70 percent of that amount, equating to approximately... The total
amount - I'm sorry - being 70 percent for the City and 30 percent for the businesses, which
would require them to put up six hundred dollars ($600). This is in furtherance of our
improvements as it relates to commercial revitalization, and the staff recommends you approve
it.
Commissioner Dawkins: And the 62 businesses are divided equally between...
Commissioner Plummer: I think it's 20.
203 May 23, 1996
Commissioner Dawkins: ... Citywide Commercial Facade Program...
Commissioner Plummer: Twenty.
Commissioner Dawkins: ... from the community, to rehabilitate 62 business properties located
in Allapattali...
Mr. Waters: Yes, sir.
Commissioner Dawkins: ... Edison/Little River...
Mr. Waters: Yes, sir.
Commissioner Dawkins: Little Havana, Wynwood/Edgewater.
Mr. Waters: Yes, sir.
Commissioner Dawkins: Are the 62 businesses going to be divided equally between these
properties - 1 mean between these target areas?
Mr. Waters: The funds? In reference to the funds, sir?
Commissioner Dawkins: Be- your pardon?
Mr. Waters: In reference to the funds, each... There is a total amount that they receive but in...
Commissioner Dawkins: I'll ask my question again, Mr. Waters. You say... It said here that
this will rehabilitate 62 business properties located in Allapattah, Edison/Little River, Little
Havana, Wvriwood/Edgewater. I ask again. One, two, three, four. Will five business areas be
divided into 62, and come out with a number, and that's the number that each...
Mr. Cesar Odio (City Manager): No.
Mr. Waters: No, sir, no, sir.
Mr. Odio: No. Let me tell you how they did it.
Commissioner Dawkins: Well, then I will then kill it... I will remove it... I...
Mr. Odio: Let me tell you how they did it. They have 29 in Allapattah, 12 in Edison/Little
River, 11 in Little Havana, and 10 in Wynwood/Edgewater.
Commissioner Dawkins: All right. I'll defer this until you guys send each of us the addresses of
where this will be.
Commissioner Carollo: Second the deferment.
Commissioner Plummer: Well, you know, let... Can I ask... Since you're going to defer it and
ask for additional information, I... Bert.
Mr. Waters: Yes, sir.
Commissioner Plummer: Looking at the backup material, I know there's a maximum per
company, but yet, if I look in Allapattah, I see 26, 27, 28, and 29 are all the same company,
204 May 23, 1996
United Foods, Incorporated. And it looks like, to me, they're getting one, two, three, four grants,
where it would be, to my way of thinking...
i Commissioner Dawkins: Hold it. Mr. Plummer.
Commissioner Plummer: Sir.
Commissioner Dawkins: Would this Commission defer this...
Commissioner Plummer: Well, you are deferring it.
Commissioner Dawkins: ... until I can personally go to each one of these companies, and get a
letter from them saying that this is what they asked for, and what's going to be done. Because I
see some businesses on here that I know - I know - have not required... asked for anything.
Commissioner Plummer: OK. No problem.
Commissioner Dawkins: Thank you.
Commissioner Plummer: You got until tomorrow at five o'clock to do it.
Vice Mayor Gort: Forty-five.
Mr. Odio: Commissioner, may I suggest an idea? Approve it, and if you don't...
Commissioner Dawkins: No, sir, no, sir.
Mr. Odio: No?
i
Commissioner Dawkins: No, sir.
i
Mr. Odio: I was going to do it... That way, if you approve it, then you don't have to bring it
back...
Commissioner Dawkins: No, no, I want to bring it back.
Vice Mayor Gort: Good. Let's bring it back. Forty-five.
Mr. Odio: OK.
Commissioner Dawkins: That's the only way I can discuss what I found, is bringing it back.
May 23, 1996
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 96-340
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 44 (PROPOSED
RESOLUTION TO AUTHORIZE THE ALLOCATION OF FORTY-TWO
THOUSAND DOLLARS ($42,000) FROM THE COMPREHENSIVE CITYWIDE
COMMERCIAL REHABILITATION FACADE TREATMENT PROGRAM
("PROGRAM"), PROJECT NO. 799602, AND THE REALLOCATION OF FORTY-
FOUR THOUSAND, EIGHT HUNDRED ($44,800), FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT CONTINGENCY ACCOUNT TO
REHABILITATE SIXTY-TWO (62) BUSINESS PROPERTIES LOCATED IN THE
ALLAPATTAH, EDISON/LITTLE RIVER, LITTLE HAVANA, AND
WYNWOOD/EDGEWATER TARGET AREAS) TO A LATER DATE, AND LET
COMMISSIONER DAWKINS MEET WITH EACH BUSINESS PROPERTY OWNER
REQUESTING FUNDING FOR REHABILITATION OF BUSINESS PROPERTIES IN
ORDER TO ASCERTAIN WHAT NEEDS TO BE DONE.
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
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
52. ALLOCATE $7,000 FROM 21ST YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS (PROJECT 799613) -- FOR
REHABILITATION OF BUSINESS LOCATED IN LITTLE HAITI TARGET
AREA, IN CONJUNCTION WITH COMMERCIAL CODE COMPLIANCE
PROGRAM -- ALLOCATION TO BE BASED UPON 70%-30% MATCH
BETWEEN CITY AND BUSINESS / PROPERTY OWNER.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: OK, 45, this is addressing the Commercial Code compliance.
Mr. Elbert Waters (Director, NET/Community Development): Yes, sir. This is...
Vice Mayor Gort: Little Haiti.
Mr. Cesar Odio (City Manager): Just do the...
Mr. Waters: This item here is the second program, Commercial Code Compliance Program,
whereby the staff is recommending that the one business which is located in the Little Haiti area,
Libreri Mapou, the address, 5919 through 21 Northeast 2nd Avenue, be recommended to receive
the funds for the Code Compliance Program, the total amount being approximately seven
thousand dollars ($7,000).
206 May 23, 1996
Commissioner Carollo: Move.
Commissioner Plummer: Second, but I just... Why are we giving it to the Haitian Catholic
Center?
Mr. Waters: Commissioners, what we have, as it relates to our total economic development
program, we contract with the various different CBOs (community -based organizations) in the
eight CD (community development) targeted areas. Those CBOs carry out the various different
programs under our contracts.
Vice Mayor Gort: They're the ones that do the work.
Commissioner Plummer: I guess... It has no religious overtones.
Vice Mayor Gort: No.
Mr. Waters: No, sir.
Commissioner Plummer: OK.
Vice Mayor Gort: OK. Is there any further discussion? Being none, all in favor, state so by
saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
Mr. Waters: Thank you.
The following resolution was introduced by Commissioner Carollo, who moved its adoption.
RESOLUTION NO. 96-341
A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF $7,000.00 FROM
THE 21ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
PROJECT NO. 799613, FOR THE REHABILITATION OF ONE (1) BUSINESS
LOCATED IN THE LITTLE HAITI TARGET AREA, IN CONJUNCTION WITH THE
COMMERCIAL CODE COMPLIANCE PROGRAM, SAID ALLOCATION TO BE
BASED UPON A 70% - 30% MATCH BETWEEN THE CITY OF MIAMI AND THE
BUSINESS OR PROPERTY OWNER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
91YA
May 23, 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
53. AUTHORIZE MANAGER TO EXECUTE SUBORDINATION AGREEMENT
IN CONNECTION WITH PENDING REFINANCING OF ROGER A. SNELLS'
RESIDENCE (920 N.W. 10 AVENUE) -- AUTHORIZE MANAGER TO
SUBORDINATE CITY'S EXISTING SECOND MORTGAGE (SINGLE
FAMILY REHABILITATION LOAN PROGRAM) OF APPROX. $15,000 TO
NEW PRIVATE FINANCIAL INSTITUTION OF APPROX. $48,000.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Forty-six.
Commissioner Carollo: Move.
Vice Mayor Gort: Is there a second?
Commissioner Plummer: Second.
Vice Mayor Gort: Moved and seconded. Discussion. Being none, all in favor, state so by
saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
208 May 23, 1996
r
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-342
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO EXECUTE A SUBORDINATION AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED, IN CONNECTION WITH THE PENDING REFINANCING OF
MR. ROGER A. SNELLS' RESIDENCE LOCATED AT 920 N.W. LOTH AVENUE,
MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO SUBORDINATE
THE CITY'S EXISTING SECOND MORTGAGE (SINGLE FAMILY
REHABILITATION LOAN PROGRAM) IN THE AMOUNT OF APPROXIMATELY
$15,000 TO A NEW PRIVATE FINANCIAL INSTITUTION IN THE AMOUNT OF
APPROXIMATELY $48,000 IN CONNECTION WITH THE AFOREMENTIONED
TRANSACTION.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
54. DISCUSSION CONCERNING PROPOSED RESOLUTION TO AUTHORIZE
ACQUISITION OF ASTRO VAN AND CHEVROLET CAVALIER FROM
MAROONS CHEVROLET. (See label 63)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Forty-seven.
Commissioner Carollo: Good luck to you, Mr. Snells.
Commissioner Plummer: Well, Mr. Manager, I want to ask on 47. You know, you told us
earlier in the day that you were trying to uniformly get these cars all in line, the trucks all in line.
Why would the Finance Department, or whatever department... What is... Oh, this is just that
one van.
Mr. Cesar Odio (City Manager): Yeah. They need it for the planning. They have equip...
Commissioner Plummer: Yeah, but there was one here where you're buying seven Oldsmobiles.
Oh, that's the next one.
Mr. Odio: (Inaudible, speaking off mike.)
209 May 23, 1996
Commissioner Plummer: But why would we use Oldsmobiles when all the rest of them are
Chevrolets? It doesn't make any sense to me that, if you're going to have to stock parts, that you
would do it for the entire fleet of the City.
Mr. Odio: Let me tell you. I believe the Cieras are the same as the Geo. They're just...
Commissioner Dawkins: Same as the what?
Commissioner Plummer: What?
Mr. Odio: They just call them Oldsmobile and the other one is Chevrolet.
Commissioner Dawkins: No, no way.
Mr. Odio: They really are.
Commissioner Dawkins: No way. OK.
Commissioner Plummer: What's the little puddle jumpers we got running around the City now?
Mr. Odio: Chevrolet Geos.
Commissioner Plummer: The Geos.
Mr. Odio: Geos.
Commissioner Plummer: Why didn't you stay with one thing, where you got parts for?
Commissioner Dawkins: You didn't have to go to the Geo. What's that thing... Ciera,
whatever... It's a Ciera, it's not a Geo.
Commissioner Plummer: But you got to stock them.
Commissioner Dawkins: Geo is a Ford.
Mr. Jack Luft (Director, CPR Department): Cavaliers.
Mr. Odio: Cavaliers?
Mr. Luft: Cavaliers.
Commissioner Dawkins: Geo is Ford, J.L.
Mr. Odio: Why are we getting this thing? Why are we getting this type and not the Geos?
Mr. Manuel Gonzalez-Goenaga: May I address?
Mr. Odio: OK, send it back to me. I'm sorry.
Vice Mayor Gort: Defer the item.
Commissioner Plummer: What do you want? Where are we? On 47, I move it.
210 May 23, 1996
Mr. Odio: No, but I need 47... We need that back for...
Commissioner Plummer: I move 47.
Commissioner Dawkins: Why do we need the van?
Commissioner Plummer: Oh.
Commissioner Dawkins: I mean, why is it that... And you're going to buy two different vans.
A Cavalier automobile. It has to be for less than fourteen thousand dollars ($14,000). And then
you're going to go down here and pay twelve thousand dollars ($12,000) for another car.
Mr. Luft: Commissioner...
Commissioner Dawkins: No, no, no. The Manager has to explain this. I keep telling you guys,
I want answers from the Manager. I don't know why you all keep trying to do this.
Mr. Gonzalez-Goenaga: And check 52, also.
Commissioner Dawkins: Yes, sir, Mr. Manager.
Mr. Odio: We have problems. They have to go out on planning tours throughout the City, and
they need a van to do that, plus the equipment.
Commissioner Dawkins: What's wrong with the Cherokees that we have to take people in?
Mr. Odio: The Cherokees only seat five people.
Commissioner Dawkins: Well, how many people are you going to... How many will the van
seat?
Mr. Odio: Eight. Eight people.
Commissioner Plummer: You got all those vans over there at the park. Use one of those.
Mr. Odio: Fine. Fine.
Mr. Luft: We've been trying... We've had to borrow survey vehicles.
Mr. Odio: But can I at least get the...
Commissioner Dawkins: And then who are you talking about chauffeuring around? Who?
Mr. Luft: City staff. We do zoning and...
Commissioner Dawkins: Why are you... And staff can't be uncomfortable?
Mr. Luft: And zoning inspection tours for all of our zoning items. We take the Building
Department, we take the Planning Department, Law Department...
Commissioner Dawkins: Then use two of the Cavaliers instead of one van.
I Mr. Luft: We have to discuss these items.
211 May 23, 1996
F1
Commissioner Dawkins: You have to ride in two Cavaliers and not one van.
Mr. Odio: Know when to lose. Can I get...
Vice Mayor Gort: What's the wish of this Commission?
Mr. Odio: Can I get the two Cavaliers then, instead of the van?
Commissioner Plummer: Ha!
Commissioner Dawkins: No.
Mr. Odio: We don't have any cars.
Commissioner Dawkins: You can get the two out of my office.
Mr. Odio: OK.
Commissioner Plummer: Hell of a way to run an airline. What?
Mr. Manohar Surana (Director, Finance Department): Can we change to the Cavalier instead of
Ciera? I have no problem.
Commissioner Dawkins: Say what now?
Mr. Surana: Item 48, we'll change to Cavaliers.
Commissioner Dawkins: Why?
Commissioner Plummer: I move 48 with... what is it?
Mr. Surana: Cavaliers.
Mr. Gonzalez- Goenaga: Excuse me.
A. Quinn Jones, III, Esq. (City Attorney): You're on 47. You haven't...
Vice Mayor Gort: Wait a minute. Excuse me, excuse me. Let's bring this back to order.
Identify yourself, please. Identify yourself.
Mr. Surana: OK. I'm Manohar Surana, Finance Director. On item 48, we would like to change
from Ciera to Cavaliers.
Commissioner Plummer: So move.
Vice Mayor Gort: What item are you talking about?
Mr. Surana: Item 48, sir.
Mr. Jones: You're on 47 now.
Mr. Walter Foeman (City Clerk): We're on 47.
Vice Mayor Gort: We are on item 47, people.
212 May 23,1996
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Mr. Surana: I'm sorry. I'm sorry.
Mr. Odio: Can we just get... Excuse me. Can we get the Cavalier only and not the van, on 47?
Commissioner Dawkins: No, because if you only needed the Cavalier, you should not have
ordered the Cavalier and the van.
Mr. Odio: Well...
Commissioner Dawkins: I mean, see, come on, now.
Mr. Odio: We are asking for a van and a Chevrolet Cavalier. They haven't had a car in...
Commissioner Dawkins: Yeah, but you didn't... Now, and if you're going to settle for one now,
Mr. Manager, you never needed the two.
Mr. Odio: Well, we do need it. We do need it. But if you don't want to approve it, what can I
do?
Mr. Gonzalez-Goenaga: May I address the Commission and solve the problem?
Mr. Jones: No.
Commissioner Dawkins: No, not until we... Wait, we got... I hear you.
Vice Mayor Gort: Well, what's the wish of this Commission?
Mr. Odio: We haven't bought cars for the staff in...
Commissioner Plummer: I made the motion.
Commissioner Dawkins: For what?
Commissioner Plummer: For... You want the one Cavalier. Give them the one Cavalier.
Commissioner Carollo: You made the motion for 48.
Commissioner Plummer: I made a motion for 48. I'll make a motion for... Let's get the hell off
of dead center.
Vice Mayor Gort: Forty-seven. We're on item 47.
Commissioner Plummer: Forty-seven, give them one Cavalier.
Commissioner Dawkins: OK.
Vice Mayor Gort: Is there a second?
Commissioner Plummer: Going once. Going twice.
Vice Mayor Gort: Is there a second?
Commissioner Plummer: There's no second. I move on 48 we give them...
213 May 23, 1996
i
Mr. Gonzalez-Goenaga: Discussion, no?
Commissioner Plummer: What?
i
Vice Mayor Gort: No, there's no motion for discussion.
Commissioner Plummer: There's no second. It's a dead item.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------
55. DISCUSS PROPOSED RESOLUTION TO AUTHORIZE ACQUISITION OF 7
OLDSMOBILE CIERA SL SDN PASSENGER CARS FROM MAROONE
OLDSMOBILE. (See label 64)
Commissioner Plummer: Forty-eight, I move that they give them the... the Cavalier?
Mr. Manohar Surana (Director, Finance Department): Yes, sir.
Commissioner Plummer: The Cavaliers, instead of... the seven Cavaliers. I so move.
Commissioner Carollo: You don't want the Cieras now?
Commissioner Plummer: To make the fleet uniform.
Mr. Surana: Right.
Vice Mayor Gort: What's the motion?
Commissioner Plummer: Oh, God.
Vice Mayor Gort: J.L., what's the motion?
Commissioner Plummer: The motion is that we grant them either seven Oldsmobiles or seven
Cavaliers, whatever it is. Let's do it.
Vice Mayor Gort: My understanding is you want to keep it uniform. It should be seven
Cavaliers.
Commissioner Plummer: That's... So move it.
Commissioner Carollo: Are the people that you're using this for, are they temporary employees?
Mr. Surana: Yes, sir, and they're generating about three million dollars ($3,000,000) in revenues
for us.
Commissioner Plummer: Sir, what do you want?
Mr. Surana: Hmm?
214 May 23, 1996
Commissioner Plummer: What do you want?
Mr. Surana: I just want seven cars.
1
Commissioner Plummer: Seven cars. What kind do you want?
Mr. Surana: Cavaliers are fine.
Commissioner Plummer: Fine. So be it. I move that.
Vice Mayor Gort: OK. There's a motion. Is there a second? It dies for lack of a second.
Commissioner Plummer: So be it. Get them a bus ticket.
END OF DISCUSSION -- NO ACTION TAKEN
---------------------------------------------------------- -----------------------------------------------
56. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO CLASSIFY AS CATEGORY "A" SURPLUS STOCK SURPLUS OFFICE
FURNITURE FROM VACATED CITY ADMINISTRATION BUILDING, AND
DONATE TO NON-PROFIT COMMUNITY AGENCIES.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Forty-nine.
Commissioner Carollo: Move 49.
Vice Mayor Gort: Is there a second?
A. Quinn Jones, III (City Attorney): Can I...
Vice Mayor Gort: Donating surplus furniture.
Mr. Jones: Commissioner, can I ask... Can I ask that you defer this until the next meeting? The
reason for it is that the County has indicated - excuse me - that there is a State statute that
requires bidding, and I want to look into this before we donate.
Commissioner Carollo: OK.
Vice Mayor Gort: OK.
Commissioner Carollo: Withdraw 49. Well, actually, defer it till the next meeting.
Vice Mayor Gort: Fifty-one.
Commissioner Carollo: Well, we made a motion to defer it. There's a second. Show it
unanimous.
215 May 23, 1996
3
f
57. (A) AUTHORIZE MANAGER TO ISSUE REQUEST FOR PROPOSALS
(RFP) TO ESTABLISH THREE SEPARATE BANK ACCOUNTS
WITH MINORITY AND WOMEN -OWNED BANKS -- ESTABLISH /
APPOINT 5-MEMBER SELECTION COMMITTEE TO REVIEW
PROPOSALS.
(B) DISCUSS POSSIBILITY OF OPENING AN ACCOUNT AT
REPUBLIC NATIONAL BANK OF OVERTOWN FOR MIAMI
SPORTS AND EXHIBITION AUTHORITY (MSEA).
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Move 51.
Mr. Manuel Gonzalez-Goenaga: May I say something on 51?
Vice Mayor Gort: Fifty-one, go ahead, sir.
1 Mr. Gonzalez-Goenaga: Well, I am a shareholder of the Republic National Bank, and I went
into the shareholders meeting, and I know that Mr. Plummer - I'm not accusing you of anything,
baby, yet - and Steve Clark are shareholders of the Republic National Bank. And it was
discussing...
Commissioner Plummer: Whoa, whoa, whoa. Back your mouth up.
Mr. Gonzalez-Goenaga: You are not a shareholder of Republic National Bank.
Commissioner Plummer: Back your mouth up. Know what you're talking about. If, because I
have a CD (certificate of deposit) in that bank, I'm a shareholder?
Commissioner Dawkins: Yes.
Commissioner Plummer: Is that what makes me a shareholder?
i
! Mr. Gonzalez-Goenaga: I under... I saw...
Commissioner Plummer: No, no, no. Wait a minute. Whoa, whoa.
Mr. Gonzalez-Goenaga: I saw...
Commissioner Plummer: When you make a statement, I'm going to back your...
Mr. Gonzalez-Goenaga: Well, but, I mean, this is... it's nothing, no conflict of interest. Yet.
j Commissioner Plummer: No, no, no. When you make a statement, you better have proof when
you bring it up against Plummer. Now, show me the stock I have in Republic Bank.
Mr. Gonzalez-Goenaga: I have to review your...
Commissioner Plummer: You've going to review till hell freezes over, because you're not going
to find any. Don't come up making statements like that unless you know what you're saying.
i
Commissioner Dawkins: Have you seen his portfolio?
216 May 23, 1996
Mr. Gonzalez-Goenaga: Let me finish.
Commissioner Plummer: Fine, finish.
Mr. Gonzalez-Goenaga: Let me finish. And you guys... I strongly suggest that calm down your
blood pressure, babies.
Commissioner Plummer: No, no, no. I strongly suggest that you come here with the facts, and
don't go be making allegations.
Mr. Gonzalez-Goenaga: I am not... I am covering another issue. This is the issue. At that
meeting, Republic National Bank opened a branch, and it was a board - a shareholders meeting
discussion. They opened a branch in Overtown with the Federal guarantee from the City
Manager that they were going to make deposits there.
Mr. Cesar Odio (City Manager): That is right, mister. That is right. And I'm here to tell you...
Mr. Gonzalez-Goenaga: And where are the deposits?
Mr. Odio: Shut up.
Mr. Gonzalez-Goenaga: And where are the deposits.
Vice Mayor Gort: Hey, excuse me. I'm running this meeting here. Excuse me.
Mr. Gonzalez-Goenaga: There was no deposit.
Mr. Odio: Shut up.
Vice Mayor Gort: Whoa, whoa, whoa.
Mr. Odio: Shut up. Commissioner...
Vice Mayor Gort: Excuse me. I'm running this meeting here.
Mr. Odio: May I? I think he's insulted enough people.
Vice Mayor Gort: Let him finish and we'll respond. You've got 19 seconds, sir.
Mr. Gonzalez-Goenaga: And...
Commissioner Plummer: Excuse me. I make a motion to take a five minute recess. OK?
Mr. Gonzalez-Goenaga: Yes.
Commissioner Carollo: I think that's a good idea.
Commissioner Plummer: Take five minutes.
Mr. Gonzalez-Goenaga: I am as cool as always.
Vice Mayor Gort: Take five.
217 May 23, 1996
Commissioner Dawkins: Five minutes.
THEREUPON THE CITY COMMISSION WENT INTO
i RECESS AT 6:05 P.M. AND RECONVENED AT 6:15 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING MAYOR CLARK AND COMMISSIONER
DAWKINS, FOUND TO BE PRESENT.
Vice Mayor Gort: We've got a quorum. Commissioner Dawkins?
Commissioner Plummer: One more time. Just never, ever... All right. Where are we?
Vice Mayor Gort: We're on item 51. We're talking about the resolution authorizing the City
Manager to request proposals from minority banks.
Commissioner Plummer: To request proposals, right? That means he's going to award them. I
move it.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Carollo: That was fifty...
Commissioner Plummer: ... one.
c
Vice Mayor Gort: Item 51. It's a resolution authorizing the City Manager to do an RFP
(Request for Proposals) for minority banks.
Commissioner Carollo: OK. You don't have any stock in Republic either, right? Not the bank,
the other...
Commissioner Plummer: I wish I did.
Commissioner Carollo: The trash holding one. That's the one that we all had a big concern with
these days.
Vice Mayor Gort: Do you second it?
Commissioner Carollo: I see no problem with this but...
Vice Mayor Gort: It's got to come back to us.
Commissioner Carollo: Yeah. Let me second it, and ask the Manager the following. We need
to get the City involved with the Sports Authority, because there are considerable dollars that the
Sports Authority has in all kinds of accounts that never, never, never were put out to bid, and we
don't know if we're getting the best rate or not. And since the last individual that we had as our
executive director wasn't helpful in that either, he never got back to me on it.
Mr. Odio: They are not investing their monies?
Commissioner Carollo: We have never gone out to the market to see who would pay us the
most. We've had it in the same institution year, after year, after years. We're talking about
twenty-three million dollars ($23,000,000), Mano.
l
Mr. Odio: If you would have Mr. Butler...
218 May 23, 1996
Commissioner Carollo: So maybe we could combine some of this and maybe even get a little
better rate.
Mr. Odio: If we could combine... yeah.
Vice Mayor Gort: Yes.
Mr. Odio: Yes, sir. I want to put on the record, though, that we did... When Republic... And
this is important because of this issue, and I don't know how to do it. I don't know how to do it.
And I have asked for a legal way of doing it. We have to keep that bank in Overtown. They
made a commitment to that community and to that shopping center. They have invested
substantial monies there.
Commissioner Carollo: I would be...
Mr. Odio: And I want to find a way of putting an account there.
Commissioner Carollo: Yeah. I would be more than happy to present to the new board a
resolution to put some of our monies there, just as long as they pay us within reason.
Mr. Odio: Right.
Commissioner Carollo: What we're getting now, or should be getting now. But, you know,
we're going to need some guidance from the Finance Director on that.
Vice Mayor Gort: OK. It's been moved and seconded. Any further discussion? All in favor,
state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
i RESOLUTION NO. 96-343
f A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
I MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN
SUBSTANTIALLY THE ATTACHED FORM, TO ESTABLISH THREE SEPARATE
BANK ACCOUNTS WITH MINORITY AND WOMEN -OWNED BANKS, FOR A
PERIOD OF TWO YEARS; ESTABLISHING AND APPOINTING A FIVE MEMBER
SELECTION COMMITTEE TO REVIEW SAID PROPOSALS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
{
219 May 23, 1996
Upon being seconded by Commissioner Carollo, the resolution was passed and adopter
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
NOTE FOR THE RECORD: Commissioner Dawkins enters the
Commission Chambers at 6:18 p.m.
----------------------------------------------------------------------------------------------------------------
58. DISCUSS AND DEFER. CONSIDERATION OF PROPOSED RESOLUTION
TO ACCEPT BID FROM MEARS MOTOR LEASING, INC. FOR
FURNISHING 3 CHEVROLET CAVALIER AUTOMOBILES FOR FIRE -
RESCUE DEPT. (See label 62)
Vice Mayor Gort: Fifty-two.
Commissioner Plummer: Oh, here comes three more Chevrolets.
Mr. Manuel Gonzalez-Goenaga: Yes, that's the problem. I would love to be... to speak for two
minutes.
Commissioner Plummer: You know, what are we doing here? Are we going to Honest Abe's
Used Car business? What the hell is this?
Fire Chief Carlos Gimenez: These vehicles are going to be used by some of the...
Commissioner Plummer: But why do you have three different items? If you need seven, eight,
nine, ten cars, why don't you combine them?
Mr. Cesar Odio (City Manager): You know why?
Commissioner Plummer: Why?
Mr. Odio: They are different budgets, and they also...
Commissioner Dawkins: What item are we on?
Mr. Odio: I also... Look, we haven't... We have... I don't know if you know that we haven't
bought cars for many, many years. We... In fact, what we were doing in the civilian fleet - and
Commissioner Dawkins knows this - we were taking the old police cars and fixing them up, and
putting them in the civilian fleet. And they have run out. We have got them for 12 years. Some
civilian cars are in very, very bad shape. And we do need...
220 May 23, 1996
1
Commissioner Dawkins: Well, what about... OK. We have to take police cars out of service at
a certain date.
Mr. Odio: Seven...
Commissioner Dawkins: What's wrong with those?
Mr. Odio: Well, luckily, now, we're going to seven years. Before...
Commissioner Dawkins: With the police cars, seven years?
Mr. Odio: Yeah. Now...
Commissioner Dawkins: Well, after that, they're shot. Don't worry... I'm sorry, don't worry
about that.
Mr. Odio: Before...
Commissioner Dawkins: They're shot.
Mr. Odio: Yeah, right. But before, you remember, there were only two to three years, and then
we could use them.
!i Commissioner Dawkins: Yes. But it's seven now.
{ Mr. Odio: Yes.
Commissioner Dawkins: Well, I... Again, I'm going to say to all of you, I don't see why we
keep buying automobiles.
Chief Gimenez: These are not bought. These are going to be leased and... Well, the reason
we're leasing them is that the money to pay for this comes from grants, and if the grants go
away, we can just get rid of the vehicles. It's a one-year lease.
1
Commissioner Dawkins: Lease it for the same reason I lease it. At the end of two years, I get a
new one, Chief.
Chief Gimenez: If the grants keep coming in, then we can keep on leasing the vehicles.
Commissioner Dawkins: Leasing another one, uh-huh. But...
Vice Mayor Gort: OK.
Commissioner Plummer: Under the grant, you can't buy?
Vice Mayor Gort: Why?
Commissioner Plummer: Can you buy under the grant, or are you forced to lease?
Commissioner Dawkins: You can lease in order to buy.
Commissioner Plummer: Yeah, but, you know, if you're paying rent, you got nothing to show
for it at the end of two years.
221 May 23, 1996
i Commissioner Dawkins: But if... I mean, if you lease, and like he says, the grant comes on, at
1 the end of two years, why be saddled with the maintenance and repairs, buying tires, a battery,
when you could give them that one and lease a new one?
Commissioner Plummer: It's called equity.
Commissioner Dawkins: Well, equity... Around here, I got enough equity in fire trucks that you
people decided to put on the side, in my equity in my fire trucks, and you bought brand new
rescue units, for me to start getting new equity in it. So I'll take the equity in these leased cars.
Vice Mayor Gort: OK.
Commissioner Plummer: That's what happens when you give the motor pool to the Police
Department.
Vice Mayor Gort: Okey-duke. What's the wish of this Commission? What do you want to do?
Mr. Gonzalez-Goenaga: May I sum it up?
Commissioner Plummer: I move to defer. That will take care of it for a while.
Vice Mayor Gort: OK. It's been deferred.
I Commissioner Carollo: Defer what?
Commissioner Plummer: Defer it out. We will iron all this out.
Vice Mayor Gort: Fifty-two is deferred.
Commissioner Carollo: Well, I was willing to go with 52.
Commissioner Dawkins: Well, move it. Move it.
Commissioner Plummer: Joe, I just want to see the difference in the leasing and the buying.
Commissioner Dawkins: Move it.
Commissioner Carollo: All right. That's fine.
----------------------------------------------------------------------------------------------------------------
59. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO AUTHORIZE ACQUISITION OF 1996 JOHN DEERE 644G 4WD
LOADER FROM JOHN DEERE INDUSTRIAL EQUIPMENT FOR GSA
DEPT. / SOLID WASTE (UNDER STATE OF FLORIDA CONTRACT 760-
001-96-1), ALLOCATING FUNDS ($158,747) FROM FY'96 RECYCLING
AND EDUCATION GRANT FUND.
Commissioner Plummer: I move 53.
Mr. Manuel Gonzalez-Goenaga: May I address?
Vice Mayor Gort: Excuse me. Wait a minute. There's a motion. Is there a second?
Commissioner Plummer: I move 54.
Commissioner Dawkins: Hold it.
Mr. Gonzalez-Goenaga: No, 53.
Commissioner Plummer: Well, there's no second, so let's move on.
Vice Mayor Gort: Is there a second?
Commissioner Dawkins: Wait a minute. If you all are going like this, I'll go home.
Commissioner Plummer: So will I.
Commissioner Dawkins: Well, all right. Let's go. I mean, let's either...
Mr. Cesar Odio (City Manager): This equipment is needed for the...
i
Commissioner Dawkins: Let's go through the agenda or don't. Let's just don't keep jumping
through here.
Mr. Odio: This is to separate trash and grind it. When we do this operation, we're saving the...
Commissioner Dawkins: Second J.L.'s motion. Let's go.
Commissioner Carollo: Let me say this.
Commissioner Plummer: On 53?
Commissioner Dawkins: Yes.
Commissioner Carollo: I'll say this. I...
Vice Mayor Gort: Fifty-three.
Commissioner Plummer: OK.
223 May 23, 1996
Commissioner Carollo: I am voting against this. Let me explain to you why. And it's not,
Cesar, for the reason that you think. As I read the agenda, well, I know who we're buying it
from.
Mr. Odio: I don't know who...
Commissioner Carollo: Well, I do. I won't get into it. It's not for that. It's because I cannot
understand why we need to spend almost fifty-nine thousand dollars ($59,000) for an additional
front end loader to handle what we're doing over on Virginia Key. I want to go there personally
and be convinced that we need an additional front end loader, and spend a hundred and fifty-nine
thousand ($159,000) on it. So I'm voting against it.
Commissioner Dawkins: All right. Well, no.
Vice Mayor Gort: Defer it.
Commissioner Dawkins: No, no, no. You defer it for further information, and you go...
Vice Mayor Gort: Defer the item.
Commissioner Dawkins: ... and you go and see it, and come back.
Mr. Ron Williams (Assistant City Manager): I'll make an appointment with you, Commissioner.
I
Commissioner Carollo: I'll gladly go there. I know Henry has been trying to get me there for
some time but... before this.
Commissioner Dawkins: That's 53.
Mr. Williams: We'll make an appointment with you to get you there.
Commissioner Dawkins: And we're not doing anything with 52.
-------------------------------- ------------------------------------------------------------------------------
60. ACCEPT PROPOSAL: DR. SHELDON ZEDECK -- FOR FURNISHING
i CONSULTING SERVICES IN CONNECTION WITH EXAMINATION /
DEVELOPMENT / ADMINISTRATION / VALIDITY -- FOR HUMAN
RESOURCES DEPT. -- ALLOCATE FUNDS ($80,000).
----------------------------------- ----------------------------------------------------------------------------
Vice Mayor Gort: Item 54.
Mr. Manuel Gonzalez-Goenaga: Fifty-three, what came out? Deferred?
Vice Mayor Gort: It was deferred.
Mr. Gonzalez-Goenaga: I'm glad.
Vice Mayor Gort: Fifty-four.
Mr. Gonzalez-Goenaga: Because I was going to tell the truth, the truth, and nothing but the
truth, and Mr. Cesar would not like it.
224 May 23, 1996
I
Vice Mayor Gort: Fifty-four.
Mr. Gonzalez-Goenaga: Neff Corporation.
Commissioner Dawkins: OK.
Commissioner Carollo: It doesn't matter who it is, Manny because...
Mr. Gonzalez- Goe naga: No, it does matter...
Commissioner Carollo: Well...
Mr. Gonzalez-Goenaga: ... because, you know, things that I have read in the paper, unless I have
to believe in Mas Canosa, you cannot believe now the New Times, you see.
Vice Mayor Gort: Fifty-four.
Commissioner Dawkins: Move 54.
Mr. Gonzalez-Goenaga: So let's face it.
Vice Mayor Gort: There's a motion to move. Is there a second? This is the examination
validation. The consultant. Is there a second?
Commissioner Carollo: Is this the cheapest that we could get this for?
Mr. Cesar Odio (City Manager): Yes, sir. This is... The contract is for a two-year period. This
is to... medical examinations that we need for...
Ms. Renee Jones (Assistant to Director, Human Resources): This is for test validations.
Mr. Odio: For test validations.
Ms. Jones: Yes. So that we'll be in compliance with the Federal government mandate.
Commissioner Carollo: OK. So move.
Commissioner Dawkins: Second.
Vice Mayor Gort: It's been moved and seconded.
Mr. Odio: We have to have those tests prepared in such a way that we don't...
Commissioner Dawkins: You got the item. Let's go. Call the roll.
Vice Mayor Gort: Any discussion?
Mr. Gonzalez-Goenaga: Yes, one comment. I strongly suggest, Commissioner, that the first one
to take the test is Cesar Odio.
Vice Mayor Gort: OK. Any further discussion? All in favor, state so by saying "aye."
Commissioner Dawkins: What is it?
225 May 23, 1996
Vice Mayor Gort: All in favor, state so by saying "aye."
Commissioner Dawkins: Aye, aye, aye.
The Commission Collectively: Aye.
Vice Mayor Gort: All right. Unanimous.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-344
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL OF DR.
SHELDON ZEDECK, FOR FURNISHING CONSULTING SERVICES TO THE
DEPARTMENT OF HUMAN RESOURCES IN CONNECTION WITH
EXAMINATION DEVELOPMENT, ADMINISTRATION AND VALIDITY, FOR A
TWO YEAR PERIOD WITH THE CITY'S OPTION TO EXTEND AID SERVICE
FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ESTIMATED
ANNUAL COST NOT TO EXCEED $80,000 PER YEAR; ALLOCATING FUNDS
THEREFOR FROM FISCAL YEAR 1995-1996 SPECIAL PROGRAMS AND
ACCOUNTS, ACCOUNT NO. 921128; AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR
THIS PURPOSE.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
61. CLAIM SETTLEMENT: KOSTMAYER CONSTRUCTION COMPANY, INC.
(SUBCONTRACTOR: GRAVES WRECKING AND SALVAGE, INC.)
($636,710.93).
Commissioner Dawkins: What are we on now, sir?
Vice Mayor Gort: Fifty-five, a resolution authorizing the settlement with Kostmayer
Construction Company.
Commissioner Dawkins: Who is this? Is this the people who did the work on Dinner Key?
226 May 23, 1996
N
Vice Mayor Gort: Right. No, not...
Commissioner Dawkins: I'm not in favor of it, but I move it. We got to pay them. We got to
pay them, right, Mr. City Attorney?
A. Quinn Jones, III, Esq. (City Attorney): Well, I think it's a fair settlement, given...
Commissioner Dawkins: But, Mr. City Attorney, we have to pay them.
Mr. Jones: I recommend it.
Commissioner Dawkins: Thank you, sir. So move.
Vice Mayor Gort: OK. It's been moved. Is there a second?
Commissioner Plummer: You got it. Call the roll.
Vice Mayor Gort: Any further discussion? All in favor, state so by saying "aye."
Commissioner Plummer: Aye.
Commissioner Dawkins: (Indicating in the affirmative.)
Vice Mayor Gort: (Indicating in the affirmative.)
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-345
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
KOSTMAYER CONSTRUCTION COMPANY, INC., WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $636,710.93 (PAYABLE IN TWO (2) INSTALLMENTS:
THE FIRST IN THE AMOUNT OF $477,533.00 PAYABLE WITHIN TEN (10) DAYS
OF THE EFFECTIVE DATE OF THIS RESOLUTION, AND THE SECOND IN THE
AMOUNT OF $159,177.93 PAYABLE ON JANUARY 2, 1997), IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT,
CASE NO. 94-2463-CIV-FERGUSON, UPON THE EXECUTION BY KOSTMAYER
CONSTRUCTION COMPANY, INC. AND BY ITS SUBCONTRACTOR, GRAVES
WRECKING AND SALVAGE, INC., OF A GENERAL RELEASE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, RELEASING THE CITY OF MIAMI
FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS
THEREFOR FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND,
INDEX CODE NO. 620I.03-661.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
227 May 23, 1996
F
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: Commissioner Joe Carollo
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
62. (Continued) RECONSIDER PRIOR DEFERRAL -- ACCEPT BID: MEARS
MOTOR LEASING, INC. -- FOR FURNISHING 3 CHEVROLET CAVALIER
AUTOMOBILES -- FOR FIRE -RESCUE DEPT. -- ALLOCATE FUNDS
($11,628). (See label 58)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 56.
Commissioner Plummer: Can I go back and revisit 52?
Commissioner Dawkins: OK, let's see.
Commissioner Plummer: Fifty-two, the Chief has explained to me that if he doesn't go into a
lease, they can only buy one car. OK?
Commissioner Dawkins: OK, that's 52?
Commissioner Plummer: Yeah.
Commissioner Dawkins: Hold it, now.
Commissioner Plummer: Isn't that for the Fire Department?
A. Quinn Jones, III, Esq. (City Attorney): You need a motion to reconsider.
Commissioner Dawkins: OK.
Commissioner Plummer: OK? Now, we just... Did we defer it?
Mr. Jones: Yes.
Commissioner Plummer: I make a motion to reconsider 52.
Commissioner Dawkins: Second.
Commissioner Plummer: The problem here was...
Commissioner Dawkins: Second.
Commissioner Plummer: All right. Call the roll.
Mr. Manuel Gonzalez-Goenaga: No. Now I have to talk.
Vice Mayor Gort: All in favor...
Commissioner Plummer: For reconsideration.
Vice Mayor Gort: All in favor, state so by saying "aye."
The Commission Collectively: Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-346
A MOTION TO RECONSIDER DEFERRAL OF AGENDA ITEM 52 (PROPOSED
RESOLUTION TO ACCEPT BID OF MEARS MOTOR LEASING, INC., LOCATED
IN ORLANDO, FLORIDA, FOR THE FURNISHING OF THREE (3) CHEVROLET
CAVALIER AUTOMOBILES ON AN ANNUAL LEASE/RENTAL BASIS, IN THE
PROPOSED ANNUAL AMOUNT OF $11,628).
(Note for the Record: Said item was immediately thereafter passed and adopted as R 96-
347.)
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Plummer: All right. The problem here is - very simply, which is not outlined
here - if he buys, he only has the amount of money to buy one car. If he leases, he will have the
money to use three cars. So that was the difference, which was not explained to me.
Commissioner Dawkins: Fifty-two.
Commissioner Plummer: Now that it's been explained to me, I am ready to move it as it is
presented.
Commissioner Carollo: Second to 52.
Vice Mayor Gort: It's been moved and seconded. Any discussion?
Mr. Gonzalez-Goenaga: One comment.
Vice Mayor Gort: Yes, sir.
229 May 23, 1996
Mr. Gonzalez-Goenaga: The issue here is that... And I have my greatest respects, and I have
always said about the Fire Department, they do, really do a good job. They save our lives. The
police kills us. But the issue is that we employ... We... When I say... Well, I'm not an
employee. This is the luxury City, buying luxury cars, luxury parking, and the owners of the
City will get nothing. And we are very poor. We are a very poor City. We get our cars towed,
we have to pay, we have service fees, you will see very soon. The thing is that we can... We pay
for their cars, brand new cars, Cavaliers, Ciera, and I don't know the Emperor's.
Commissioner Dawkins: Cherokee.
Mr. Gonzalez-Goenaga: Cherokees. And many... a jet to Havana soon. Thank you.
Commissioner Plummer: What about the Seminoles?
Vice Mayor Gort: OK. All in favor, state so by saying "aye."
Commissioner Dawkins: Call the roll.
Commissioner Plummer: God, yes.
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-347
A RESOLUTION ACCEPTING THE BID OF MEARS MOTOR LEASING, INC.,
LOCATED IN ORLANDO, FLORIDA, FOR THE FURNISHING OF THREE (3)
CHEVROLET CAVALIER AUTOMOBILES ON AN ANNUAL LEASE/RENTAL
BASIS, IN THE PROPOSED ANNUAL AMOUNT OF $11,628.00 FOR THE
DEPARTMENT OF FIRE -RESCUE, FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD; ALLOCATING FUNDS
THEREFOR FROM PROJECT CODE 147008, INDEX CODE NO. 450360 ($3,876.00),
AND FROM PROJECT CODE 104010, INDEX CODE NO. 280209-610 ($7,752.00)
FOR A PROPOSED TOTAL AMOUNT OF $11.,628.00; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO EXTEND SAID
SERVICE 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.)
May 23, 1996
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted f
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
-------------------------------------------------------- -
63. (Continued) RECONSIDER PRIOR DEFERRAL -- AUTHORIZE
ACQUISITION OF ASTRO VAN AND CHEVROLET CAVALIER
AUTOMOBILE -- FROM MAROONE CHEVROLET (UNDER STATE OF
FLORIDA CONTRACT 070-001-96-1) -- FOR COMMUNITY PLANNING &
REVITALIZATION DEPT. -- ALLOCATE FUNDS ($28,594). (See label 54)
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: OK. Mr. Mayor, Mr.... Since we're doing this, I'd like to reconsider
47.
Commissioner Plummer: Second.
Vice Mayor Gort: OK. A motion to reconsider 47.
Commissioner Plummer: What is it?
Commissioner Dawkins: Same thing. They're telling me they need these vehicles. I don't
believe it, but, hey.
Mr. Manohar Surana (Assistant City Manager): How about 48, too?
Vice Mayor Gort: There's a motion and a second.
Commissioner Carollo: Forty-seven, Mano, not 48. Mano? Forty-seven, not 48.
Commissioner Dawkins: Yeah, I'm going to move... I'm going to re... All right. Reconsider
47.
Vice Mayor Gort: OK. It's been moved and seconded. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
231
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
I
MOTION NO. 96-348
A MOTION TO RECONSIDER DEFERRAL OF AGENDA ITEM 47 (PROPOSED
RESOLUTION TO AUTHORIZE ACQUISITION OF ONE (1) ASTRO VAN AND
ONE (1) CHEVROLET CAVALIER AUTOMOBILE FROM MAROONE
CHEVROLET UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 070-001-
96-1, IN THE TOTAL PROPOSED AMOUNT OF $28,594).
(Note for the Record: Said item was immediately thereafter passed and adopted as R 96-
349.)
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Vice Mayor Gort: OK. Item 47.
Commissioner Dawkins: I move 47, because Jack says he'll have to walk if they don't get in the
vans.
Vice Mayor Gort: OK.
Commissioner Plummer: That's not a bad deal.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Plummer: Second.
' i e.�Mayor Gort: Seconded. Any discussion? Being none, all in favor, state so by saying
The Commission Collectively: Aye.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-349
A RESOLUTION AUTHORIZING THE ACQUISITION OF ONE (1) ASTRO VAN
AND ONE (1) CHEVROLET CAVALIER AUTOMOBILE FROM MAROONS
CHEVROLET UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 070-001-
96-1, IN THE TOTAL PROPOSED AMOUNT OF $28,594, FOR THE DEPARTMENT
OF COMMUNITY PLANNING & REVITALIZATION; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 561201-840; FURTHER 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 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
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NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
64. (Continued) RECONSIDER PRIOR DEFERRAL OF PROPOSED
RESOLUTION TO AUTHORIZE ACQUISITION OF 7 OLDSMOBILE CIERA
+ SL SDN PASSENGER CARS FROM MAROONE OLDSMOBILE FOR
FINANCE DEPARTMENT. NO ACTION TAKEN. (See label 55)
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Vice Mayor Gort: Are you reconsidering 48, also?
Commissioner Dawkins: I move to reconsider 48.
Commissioner Carollo: No.
Commissioner Plummer: Second.
Vice Mayor Gort: It's been moved and seconded. All in favor, state so by saying "aye."
Commissioner Plummer: Plummer.
Commissioner Dawkins: Aye.
Vice Mayor Gort: Aye.
233 May 23, 1996
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Commissioner Carollo: No, no, no, no.
Unidentified Speaker: The Cavaliers.
Commissioner Carollo: No, not on 48.
Commissioner Plummer: Not on 48.
Commissioner Carollo: Not on 48.
Commissioner Plummer: OK.
Unidentified Speaker: The Cavaliers.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 96-350
A MOTION TO RECONSIDER AGENDA ITEM 48 (PROPOSED RESOLUTION TO
ACQUIRE SEVEN OLDSMOBILE CIERA SL SDN PASSENGER CARS).
(Note for the Record: Said item was not addressed after its reconsideration. No action
was taken therewith.)
t
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: Commissioner Joe Carollo
ABSENT: Mayor Stephen P. Clark
- ---------------------------------------------------------- ------------------------
65. REFER TO MANAGER PROPOSED ODESSA LTD. CLAIM SETTLEMENT
($2.6
RINGMILLION)
OUTSITOCOUNSEL.SOUSWITH CITY ATTORNEY POSSIBILITY OF
Commissioner Dawkins: OK. That's it.
Vice Mayor Gort: OK.
Commissioner Dawkins: Thank you.
Vice Mayor Gort: Back to 56.
Commissioner Dawkins: Back to the regular agenda.
Mr. Cesar Odio (City Manager): Mr. Vice Mayor?
234 May 23, 1996
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Vice Mayor Gort: Yes. i
Mr. Odio: We deferred item 20.
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Commissioner Plummer: We got a lot of items yet to go.
Mr. Odio: OK.
Commissioner Plummer: We got a lot of pocket itmes.
Commissioner Dawkins: What item we got, Mr. Mayor?
A. Quinn Jones, III, Esq. (City Attorney): Fifty-six.
Commissioner Plummer: Fifty-four.
Vice Mayor Gort: No, no, no.
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Mr. Jones: Fifty-six.
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Commissioner Plummer: What happened with 54?
Mr. Jones: You passed 54.
Commissioner Plummer: And 55?
Mr. Jones: You passed 54 and 55.
Mr. Odio: Fifty-six, Commissioner, is the...
Commissioner Carollo: What number?
Mr. Jones: Fifty-six.
Vice Mayor Gort: Fifty-six.
Commissioner Carollo: Fifty-six.
Vice Mayor Gort: This is the Overtown...
Mr. Jones: For the record...
Commissioner Dawkins: Mr. Manager, fellow Commissioners, I have a problem, and I don't
understand this. I wish my fellow Commissioners would go along with me. Refer this to the
Manager, for the Manager to sit down with the City Attorney, and, if necessary, bring in outside
counsel, and then let them brief each of us, and we bring it back at the next Commission and see
what we can do with this.
Mr. Jones: Commissioner, let me just take a minute for the record. This... Just to explain this,
there's nothing that outside counsel can do at this point.
Commissioner Dawkins: Mr. Manager... Mr. City Attorney...
Mr. Jones: We had...
235 May 23, 1996
Commissioner Dawkins: Mr. City Attorney...
Mr. Jones: Go ahead. I'm sorry.
Commissioner Dawkins: It's my request to bring in a City... outside counsel. Thank you.
Vice Mayor Gort: OK.
Commissioner Dawkins: If 1 want to waste the money, that's my privilege.
Vice Mayor Gort: There's a motion to defer it to the Manager. Is there a second?
Commissioner Plummer: Second.
Vice Mayor Gort: Second. Any discussion? Hearing none, all in favor, state so by saying
"aye."
The Commission Collectively: Aye.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 96-351
A MOTION TO REFER TO THE CITY MANAGER THE CASE OF ODESSA LTD.,
A FLORIDA LIMITED PARTNERSHIP VERSUS THE CITY OF MIAMI, IN THE
CASE NO. 90-1109-CIV-HIGHSMITH; FURTHER DIRECTING THE CITY
MANAGER TO SIT DOWN WITH THE CITY ATTORNEY, AND BRING IN
OUTSIDE COUNSEL IF NEEDED; FURTHER DIRECTING THE CITE` MANAGER
AND THE CITY ATTORNEY TO BRIEF EACH OF THE COMMISSIONERS ON
SAID ISSUE; FURTHER DIRECTING THE CITY MANAGER TO BRING BACK
SAID ISSUE AT THENEXT CITY COMMISSION MEETING.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
NAYS:
ABSENT:
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
Mayor Stephen P. Clark
236
May 23, 1996
--------------------------------- ------------------------------------------------------------------------------
66. (A) CLAIM SETTLEMENT: ROBERT LUNDSTEDT ($165,000).
(B) DIRECT MANAGER TO READ FLORIDA LEAGUE OF CITIES
MAY BOOK AND ST. PETERSBURG TIMES INVESTIGATION OF
DISABILITY RETIREMENTS.
Vice Mayor Gort: Item 57.
Commissioner Plummer: Give me a brief on what this is.
A. Quinn Jones, III, Esq. (City Attorney): This case involved an American... a claim under the
Americans with Disabilities Act. A former fire fighter, Mr. Lundstedt, applied for reinstatement
with the City. Originally, he was sent to the Pension Board. The Pension Board medical advisor
indicated that under the National Fire Association standards, he could not perform the duties as a
fire fighter. However, at a later point in time, during the discovery process, this particular
individual... the particular medical advisor indicated that he used the wrong standards, that under
the present standards of the National Fire Association, that Mr. Lundstedt was capable of
performing the duties of a fire fighter. Under the ADA claim, he was denied reinstatement, or
should I say denied employment - re-employment - and therefore...
Commissioner Plummer: Who denied him that right?
Mr. Jones: Excuse me? The City denied...
Commissioner Plummer: Who denied him the right?
Mr. Jones: The City denied him.
Commissioner Plummer: And who in the City was responsible for making that decision?
Mr. Jones: Well, obviously, it would have been the Personnel Department.
Fire Chief Carlos Gimenez (Fire Department): What happened here was that the individual
asked to be reinstated as a fire fighter, and he was referred to the Pension Board. And the
Pension Board determined that he was not capable, using some standards from NFPA (National
Fire Pension Association).
Commissioner Plummer: The Pension Board has no right to make that decision.
Chief Gimenez: Well, he was using the Pension Board to try to be reinstated. That's why he
was referred back to the...
Mr. Jones: Well, under the civil service rules, I think there is a provision that says that if any
formel worker, whatever, can apply for reinstatement or whatever, but he had to go back before
the Pension Board.
Commissioner Plummer: Was he out on disability?
Chief Gimenez: He was out on disability. And he was using the Pension Board Ordinance in
order to come back, and that's why he was sent back. He...
237 May 23, 1996
04 a
Commissioner Plummer: What was his disability?
Chief Gimenez: He had a back injury.
Commissioner Plummer: May I strongly suggest, Mr. Manager, that you read the Florida
League of Cities book of this month, and I think that you need to look into St. Petersburg Times
investigation of all Hillsborough County disability retirements, and I think that we need to look
at ours and make sure that we're not embarrassed as Hillsborough County. It is incredible, what
has happened over there, in the way of disability retirements. And the police and fire, in
Clearwater alone, one out of three retirements are by disability. The millions and millions of
dollars.
Mr. Cesar Odio (City Manager): They're breaking the system.
Commissioner Plummer: Hey, they have already broken the system in St. Petersburg. Please
make sure you look at that.
Vice Mayor Gort: J.L., what do you want to do with this?
Commissioner Plummer: I don't think it's...
Mr. Odio: I tell you, the boards are very strict right now in giving disability pensions, very strict.
Commissioner Plummer: OK. But I'm just trying... I guess I'm trying to find, in item 57, who's
really at fault. Who made the decision that threw us into this jackpot?
Mr. Jones: Well, I'll tell you...
Chief Gimenez: Well, I'll give you a rundown of what happened and... He was referred to the
Pension Board, because there is a provision for an ex -fire fighter to come back, but he was
outside of the time limitation, which is three years. This man has been gone for about 15 years.
So he was referred to them because he was trying to get back onto the Fire Department using a
provision of the Pension Board Ordinance. So he was referred back to the Pension Board for
their determination. They initially said that he was not capable of being a fire fighter. Later on,
they reversed their claim.
Mr. Jones: Which the City relied on in denying him re-employment.
Commissioner Plummer: Has this gone to court?
Mr. Jones: It's already in court. It's in court now.
Commissioner Plummer: I mean, has there been a judgment by a court?
Mr. Jones: No, there's no judgment. This is a settlement that we're offering which I think is
quite reasonable, because under the ADA, keep in mind that not only is he entitled to damages
for having violated his rights, but also, he is entitled to pain and suffering and attorney's fees.
So I can tell you that what you're looking at in terms of the medical doctor saying that he can
perform the duties of the job, we can't overcome that.
Commissioner Plummer: What about if we bring him back?
Mr. Jones: Well, it's...
238 May 23, 1996
y�� 4
Commissioner Plummer: What about if we, tomorrow, bring him back?
Mr. Jones: But that still doesn't nullify the fact that you... that you made a decision, or a
decision was made at some point to deny him that. He's incurred that. He's entitled to damages
at this point. That's why he filed the lawsuit.
Commissioner Plummer: Mr. City Attorney, let me tell you something, and Mr. Manager. You
know, in a lot of smaller cities, if this thing were to happen and this kind of an award would be
awarded, it would break the City. Now, you know, how do these other cities have this thing that
it never happens to them, only in the City of Miami? Is it because we have such deep pockets, as
referred to in the morning tabloid? Or is it because we don't stand up and fight like we should.
Commissioner Dawkins: It's because the firemen don't live in the City of Miami.
Mr. Jones: Commissioner, this is... Let me say this to you. This is a very recent, very new area.
When he retired, there was no Americans with Disabilities Act. This came about after he retired.
And I'd venture to say that you're going to have other people that are going to test it, not only in
the City of Miami.
Commissioner Dawkins: What is your recommendation, Mr. City Attorney?
Mr. Jones: My recommendation is that we settle it as I have presented to you.
Commissioner Plummer: We take the...
Commissioner Dawkins: So move.
Commissioner Plummer: We take the easy way out. I second it.
Mr. Jones: Well, Commissioner, Commissioner...
Commissioner Dawkins: Second, second. Now, why...
Mr. Jones: Commissioner, let me put this on the record. I... You know, this comes down, and,
you know, I've taken the rap so long that my department settles cases, but...
Commissioner Plummer: No, no, no, it's not you personally. Please.
Mr. Jones: It's a business decision. If you want me to try the case, I'll try the case.
Mr. Odio: No, no. Let me explain why it's not wise.
Commissioner Dawkins: No, wait a minute. The City Attorney made a recommendation. I
move the City Attorney's recommendation.
Vice Mayor Gort: OK. It's been moved. Is there a second? J.L. seconds?
Commissioner Plummer: Yes.
Vice Mayor Gort: OK. Any discussion?
Commissioner Plummer: I don't like it, but I did it.
239 May 23, 1996
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Vice Mayor Gort: Discussion? No discussion?
Commissioner Dawkins: No, sir.
Mr. Manuel Gonzalez-Goenaga: I repeat again what I said earlier, that we have to be very
careful, and... of the big judgments against... or big settlements is because when they arrive at the
law firms and we hire independent counsel, the cases are in real bad shape. And a lot of malice
has been included in many cases. So I'm sorry. I know that you don't like me to speak, but you
should know what's going on here in Miami.
Vice Mayor Gort: All in favor, state so by saying "aye." Aye.
Commissioner Dawkins: What is it?
Commissioner Carollo: No.
Vice Mayor Gort: No.
Commissioner Plummer: Where are we?
Vice Mayor Gort: Fifty-seven.
Commissioner Plummer: That was 57.
Vice Mayor Gort: That's what we moved, yeah.
Commissioner Plummer: Oh. I thought we were finished with that.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-352
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
ROBERT LUNDSTEDT THE SUM OF $165,000.00, WITHOUT ANY ADMISSION
OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE UNITED
STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF FLORIDA, CASE
NO. 93-1402-CIV-MARCUS, UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE 620103-661,
FOR SAID SETTLEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
240 May 23, 1996
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Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
f
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: Commissioner Joe Carollo
ABSENT: Mayor Stephen P. Clark
------------------- --------------------------------------------------------------------------------------------
67. ACCEPT BID: HORIZON INDUSTRIES TRAILER, INC. -- FOR
FURNISHING 10 TRAILERS -- TO PARKS & RECREATION DEPT. --
ALLOCATE FUNDS ($18,450).
Vice Mayor Gort: Fifty-eight is withdrawn.
Commissioner Carollo: Fifty-nine.
Commissioner Dawkins: Move it.
Commissioner Plummer: Second.
Vice Mayor Gort: It's been moved and seconded. The award of ten trailers to the Parks
Department. Any further discussion? Being none, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-353
A RESOLUTION ACCEPTING THE BID OF HORIZON INDUSTRIES TRAILER,
INC., A FEMALE/DADE COUNTY VENDOR, FOR THE FURNISHING OF TEN (10)
TRAILERS TO THE DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL
AMOUNT OF $18,450; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF PARKS AND RECREATION FY '96 BUDGET, ACCOUNT NO.
580302-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
241
May 23, 1996
a
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Vice Mayor Gort: Sixty has been withdrawn.
-------------------------------------------------------- --------------------------------------------------------
68. ACCEPT BIDS: (1) MANOLO BUS SERVICE ($46,728), AND (2) J.
BALSERA BUS SERVICE ($6,600) -- FOR FURNISHING SUMMER BUS
TRANSPORTATION SERVICE -- FOR PARKS & RECREATION DEPT. --
ALLOCATE FUNDS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Sixty-one.
Ms. Judy Carter (Chief Procurement Officer): Yes, sir. We would like to voice the recent bids
that were opened. We are recommending to you the vendors, Manolo School Bus Company, an
Hispanic local vendor, in the amount of forty-six thousand seven hundred and twenty-eight
dollars ($46,728), and J. Balsera, in the amount of six thousand six hundred ($6,600), which is a
female local firm, for a total amount...
Commissioner Carollo: Balsera is how much? I'm sorry.
Vice Mayor Gort: Six thousand.
Commissioner Plummer: Sixty-six hundred.
Ms. Carter: Six thousand two hundred ($6,200). He will be receiving aware for two buses and
Manolo will be receiving award for nine. They were the lowest bidders.
Commissioner Plummer: Why is there such a big discrepancy between the two?
Ms. Carter: Because of the number of buses. The lowest bidder was, in fact, Manolo School
Bus.
Commissioner Plummer: OK.
Ms. Carter: They had nine vehicles. And we need eleven. So the remaining two went to the
next lowest bidder...
Commissioner Plummer: OK,
Ms. Carter: ... who is also a local vendor.
242
May 23, 1996
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Commissioner Carollo: These were sealed bids?
1
Ms. Carter: Absolutely, absolutely.
Vice Mayor Gort: OK. Do I have a motion?
Commissioner Carollo: You have a motion.
Vice Mayor Gort: Is there a second.
1 Commissioner Carollo: And we accept them. -
Vice Mayor Gort: Second?
Commissioner Plummer: Second.
Vice Mayor Gort: OK. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
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Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-354
A RESOLUTION ACCEPTING THE BIDS OF MANOLO BUS SERVICE, A
LOCAL/HISPANIC VENDOR, AT AN ESTIMATED AMOUNT OF $46,728, FOR
THE FURNISHING OF NINE (9) BUSES, AND J. BALSERA SCHOOL BUS
SERVICE, A LOCAL/HISPANIC VENDOR, AT AN ESTIMATED AMOUNT OF
$6,600, FOR THE FURNISHING OF TWO (2) BUSES, FOR A TOTAL ESTIMATED
AMOUNT OF $53,328 ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, FOR THE
FURNISHING OF SUMMER BUS TRANSPORTATION SERVICE FOR THE
DEPARTMENT OF PARKS & RECREATION; ALLOCATING FUNDS THEREFOR
FROM THE FY 95-96 OPERATING BUDGET, ACCOUNT CODE NO. 580211-530;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE,
AND THEREAFTER TO EXTEND THIS CONTRACT 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.)
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243 May 23, 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
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
69. DISCUSS AND WITHDRAW PROPOSED RESOLUTION TO AUTHORIZE
ACQUISITION OF TOWING SERVICES FOR CITY VEHICLES (UNDER
METRO-DADE COUNTY BID 4418-2/97-1) -- FROM: (1) DOLLAR
ENTERPRISES (DB/A DADE TOWING SERVICES, INC.), (2) STAN'S
TOWING SERVICES, INC., (3) KAUFF'S OF MIAMI, INC., AND (4)
FREDDY'S 76 TOWING -- FOR POLICE DEPARTMENT -- DIRECT
ADMINISTRATION TO INCLUDE TOWING SERVICES FOR CITY
VEHICLES AS PART OF REGULAR BID OF CITYWIDE TOWING FOR
ROTATIONAL WRECKERS REGARDING PRIVATE VEHICLES -- GIVE
PREFERENCE TO CITY BUSINESSES AND DO NOT USE EXISTING
COUNTY BIDS.
Vice Mayor Gort: Sixty-two was withdrawn.
Vice Mayor Gort: Sixty-three.
Commissioner Dawkins: Mr. Manager... Mr.... I'm going to say to the Manager, take this back,
go out and get City of Miami businesses or recommend to me that you scratch everybody other
than Stan's Towing because Stan's Towing is the only one located in the City of Miami.
Kaufman is in Allapattah - I mean Opa-locks, Freddy's is in Hialeah, and Dade Towing is at
7320 Northwest 70th Street and 6850 Southwest 81st Terrace. The only one in here that has a
City of Miami business is Stan's Towing. So either throw it out - that's up to the City Attorney
to tell us which way to go - or award it to Stan's Towing.
Vice Mayor Gort: Commissioner, I want to ask you a question on this. Since we were supposed
to be coming with an RFP (Request for Proposals) for all police work, can't we incorporate this
to the RFP so they can provide the services, too?
Commissioner Dawkins: I don't know. I don't see why not.
Vice Mayor Gort: It will be lower.
Commissioner Dawkins: I don't see why not.
Vice Mayor Gort: I'd like to see this being part of the RFP.
Commissioner Dawkins: OK. Thank you.
244 May 23, 1996
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Commissioner Plummer: I think the major problem there is that this amount of money that's for
City towing is so much less.
Captain Joseph Longueira (Deputy Commander, Police Support Services): Right.
Vice Mayor Gort: Well...
Commissioner Plummer: It's a tremendous amount less.
Captain Longueira: Right. We're going to do two RFPs, Commissioner.
Commissioner Dawkins: Say what now? I'm lost, J.L.
Commissioner Plummer: OK. You told me we're talking about a contract for City towing. That
fee that they are proposing here...
Mr. Cesar Odio (City Manager): Yeah.
Commissioner Plummer: ... is a very, very low fee.
Mr. Odio: It's seventeen dollars and fifty cents ($17.50)
Commissioner Plummer: The other fee that you're talking about with the regular towing is
much higher.
Commissioner Dawkins: OK. Well, why is it, if it's seventeen dollars ($17), as you say,
Freddy's Towing will come all the way from Hialeah for seventeen dollars ($17)?
Vice Mayor Gort: Storage.
Commissioner Dawkins: Give me a break. I mean, somebody should explain it to me.
Vice Mayor Gort: Storage.
Commissioner Dawkins: All right. OK? So really and truly, it's no giveaway here. So...
Captain Longueira: No. These are for police cars.
Vice Mayor Gort: Oh.
Commissioner Dawkins: All right. I take...
Captain Longueria: City cars.
Commissioner Dawkins: I take the Vice Mayor's recommendation that this be put in with the
regular bid, RFP, that we're getting ready to put out, and I so move.
Commissioner Carollo: Yeah, but see, we...
Vice Mayor Gort: And those who would like to win the bid, they would know they would have
to be at that price. No, no. They would have to be at the same price, competitive.
Commissioner Carollo: I go along with that. I second. I second that. But...
245 May 23, 1996
Commissioner Plummer: Well, wait.
Commissioner Carollo: Furthermore, I'd like to ask of the Administration, why didn't we get an
RFP presented to us now? We went over this, and went over it, and went over it at the last
meeting. Again, no RFP was brought to us today.
Captain Longueira: Commissioner, they're working on a lot of things since we assumed the
motor pool. The towing is one of them, the purchasing of the vehicles. I mean, there's so many
things we're trying to catch up with. They just can't do them all at once. That's the issue right
now.
Commissioner Plummer: Mr. Manager, you told me what department you were putting this
towing over to. Which one is it?
Captain Longueira: We have a lot of things to catch up on.
Vice Mayor Gort: Excuse me, J.L. Excuse me.
Mr. Odio: ... your recommendation on that one. It should not be in the Police Department.
Vice Mayor Gort: OK. There's a motion and there's a second.
Commissioner Carollo: There's a second.
Commissioner Dawkins: OK. Well, there's... I mean, Mr. City...
Commissioner Plummer: OK. Under discussion.
Commissioner Carollo: And I will say this. I don't want to be using the County's existing bids,
especially on this. OK?
Commissioner Plummer: Use City vehicles.
Commissioner Carollo: I do not.
Commissioner Plummer: Yeah. And...
Commissioner Carollo: Especially on this.
Commissioner Plummer: And Joe, I couldn't agree with you more, but I'm at a loss to
understand if we can get for the City vehicles a towing fee of seventeen dollars ($17), and in the
other area, we're talking about towing at eighty dollars ($80)...
Commissioner Carollo: Yeah.
Commissioner Plummer: ... why would we want to hurt the City?
Mr. Odio: I withdraw this item.
Commissioner Carollo: We don't.
Vice Mayor Gort: Let me ask you...
246 May 23, 1996
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Mr. Odio: Or if you want to leave one...
Vice Mayor Gort: Let me ask you what my thought was. Whoever, since this is all a
competitive bid, whoever wants to win the City's business would have to give the City a break.
Commissioner Carollo: Yeah.
Vice Mayor Gort: That's what I'm trying to do.
Commissioner Plummer: Well, that's what I'm saying.
I
Vice Mayor Gort: You want the big apple? Give us the little apple, too.
Commissioner Plummer: Hey, as far as I'm concerned, any qualified company that wants to tow
for the City for seventeen dollars ($17), God bless them.
Mr. Odio: Fine. We'll...
Commissioner Dawkins: But if he tows for seventeen dollars ($17), the maximum storage rate
will be one day.
Commissioner Plummer: No, sir. There will be no...
Commissioner Dawkins: Now, if a guy... Oh, yes. If a guy comes from Hialeah...
Captain Longueira: Commissioner, that's not what we're doing.
Commissioner Dawkins: ... and gets my car, and I don't know for six days that he has it,
Vice Mayor Gort: Excuse me.
Commissioner Plummer: Miller...
Commissioner Dawkins: ... and it takes me six days to locate him, and he's charging me storage
fee for six days...
Mr. Odio: Commissioner, there won't be...
Commissioner Dawkins: ... I'm losing money.
Captain Longueira: Commissioner, these...
Commissioner Plummer: This is City vehicles. There's no storage involved at all.
Vice Mayor Gort: There's no storage.
Commissioner Plummer: They'll bring them right into the motor pool.
Commissioner Dawkins: Well, then, I don't even need to discuss this. The City automatically
must deal with companies within the City.
Mr. Odio: We'll withdraw this item.
Commissioner Plummer: At seventeen dollars ($17) per tow.
247 May 23, 1996
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Mr. Odio: We'll withdraw this item.
Commissioner Dawkins: Go ahead.
Vice Mayor Gort: OK. Bring it back.
Commissioner Dawkins: The industry wants to be heard, Mr....
Commissioner Carollo: Well, we had a motion and a second. If you want to open it for
discussion now so we can hear from them.
Mr. Manuel Blanco: OK. My name is Manny Blanco, again, from Freeway Towing in Miami.
I'm currently a City vendor. I currently tow for the City. And speaking on behalf of myself and
the rest of the individuals here in the industry, we're willing to go as low as ten dollars ($10) a
tow to tow for your City cars.
Vice Mayor Gort: Great.
Commissioner Plummer: That's even better.
Vice Mayor Gort: We saved seven dollars ($7) there. That's good. See?
s
Mr. Blanco: But keep it within the City. Keep it within the City vendors.
Vice Mayor Gort: You got it.
Commissioner Dawkins: You got it.
Mr. Blanco: OK?
Vice Mayor Gort: That's it.
Commissioner Plummer: Absolutely.
Vice Mayor Gort: Thank you.
Commissioner Dawkins: All right. Thank you, sir, and thank you.
Commissioner Carollo: Thank you.
Vice aye.Mayor Gort: OK. See? You saved yourselves... OK. All in favor, state so by saying
The Commission Collectively: Aye.
Vice Mayor Gort: Thank you. See, you saved.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 96-355
A MOTION TO WITHDRAW AGENDA ITEM 63 (PROPOSED RESOLUTION TO
AUTHORIZE ACQUISITION OF TOWING SERVICES FOR CITY VEHICLES);
FURTHER DIRECTING THE ADMINISTRATION TO INCLUDE THE
ACQUISITION OF TOWING SERVICES FOR CITY VEHICLES AS PART OF THE
REGULAR BID OF CITYWIDE TOWING FOR ROTATIONAL WRECKERS
REGARDING PRIVATE VEHICLES; FURTHER DIRECTING THE
ADMINISTRATION TO INCORPORATE LANGUAGE THAT WOULD GIVE A
STRONGER PREFERENCE TO CITY BUSINESSES; FURTHER DIRECTING THE
CITY ADMINISTRATION NOT TO USE EXISTING COUNTY BIDS.
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
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
----------------- --------------------------------------------------- --------------------- -----------------------
70. AUTHORIZE FUNDING OF: DO THE RIGHT THING PROGRAM --
ALLOCATE FUNDS ($165,500) FROM LAW ENFORCEMENT TRUST
FUND (LETF).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Sixty-four, withdrawn. Sixty-five. Do the Right Thing resolution.
Commissioner Dawkins: Here 1 go, J.L. I said don't put no money out, but I guess we have to.
Vice Mayor Gort: This is a great program.
Commissioner Plummer: Well, I'll make it easy for you. I'll move it.
Vice Mayor Gort: It's been moved.
Commissioner Carollo: Second.
Vice Mayor Gort: Second. Any discussion? Being none, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
249 May 23, 1996
T
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-356
A RESOLUTION, AUTHORIZING FUNDING OF THE "DO THE RIGHT THING"
PROGRAM, IN THE AMOUNT OF $165,500; ALLOCATING FUNDS THEREFOR
FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote: i
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
---------------------------------- -----------------------------------------------------------------------------
71. ACCEPT BID: LEMARY, CORP. ($144,400, TOTAL BID) FOR PROJECT:
ORANGE BOWL MODERNIZATION PHASE Ill, WATERPROOFING -
WEST END, B-6259 -- ALLOCATE FUNDS ($166,584, INCLUDING
ESTIMATED EXPENSES) FROM CIP 404240.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Sixty-six, withdrawn.
Unidentified Speaker: Thank you.
Vice Mayor Gort: Sixty-seven.
Commissioner Dawkins: Here we go again.
Mr. Cesar Odio (City Manager): The last, the last of the Orange Bowl, I promise.
Commissioner Plummer: Move it.
Commissioner Carollo: Second. Moved, second.
Vice Mayor Gort: It's been moved and seconded. Is there any discussion? Hearing none, all in
favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-357
A RESOLUTION ACCEPTING THE BID OF LEMARK, CORP., IN THE PROPOSED
AMOUNT OF $144,400.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT
ENTITLED: "ORANGE BOWL MODERNIZATION PHASE III,
WATERPROOFING -WEST END, B-6259"; ALLOCATING FUNDS THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO. 404240, AS APPROPRIATED BY
1995-1996 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, TO COVER THE
CONTRACT COST OF $144,400.00 AND OF $22,184.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $166,584.00;
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
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
72. CONFIRM RESOLUTION 89-828, ESTABLISHING FLAGLER / CORE AREA
SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT -- EXTEND
TERM FOR ONE YEAR -- DESIGNATE PROPERTY UPON WHICH
SPECIAL ASSESSMENTS SHALL BE MADE, AND ESTABLISH / LEVY
SPECIAL ASSESSMENTS AGAINST PROPERTIES FOR PROVISION OF
PROMOTION / MARKETING / OTHER SIMILAR SERVICES TO
STABILIZE / IMPROVE SAID DISTRICT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Sixty-eight.
Commissioner Plummer: Move it.
Vice Mayor Gort: It's been moved.
Commissioner Dawkins: Second.
Vice Mayor Gort: Second. Any discussion? Hearing none, all in favor, state so by saying
11aye 11
251 May 23, 1996
F
The Commission Collectively: Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-358
A RESOLUTION, WITH ATTACHMENT(S), CONFIRMING RESOLUTION NO. 89-
828, ADOPTED SEPTEMBER 14, 1989, ESTABLISHING THE FLAGLER/CORE
AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT, EXTENDING
THE TERM OF SAID DISTRICT FOR ANOTHER PERIOD OF ONE YEAR;
DESIGNATING TIIE PROPERTY UPON WHICH THE SPECIAL ASSESSMENTS
SHALL BE MADE AND ESTABLISHING AND LEVYING SPECIAL
ASSESSMENTS AGAINST THE PROPERTIES IN SAID DISTRICT FOR THE
PROVISION OF PROMOTION, MARKETING AND OTHER SIMILAR SERVICES
FOR THE PURPOSE OF STABILIZING AND IMPROVING SAID DISTRICT.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
-------------------------------- -------------------------------------------------------------------------------
73. AMEND RESOLUTION 96-278, WHICH SCHEDULED PUBLIC HEARING
(MAY 23, 1996) REGARDING EXTENSION OF TERM OF FLAGLER /
CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT
FOR ONE YEAR -- RESCHEDULE PUBLIC HEARING TO JUNE 13, 1996
AT 4:30 P.M.
Vice Mayor Gort: Sixty-nine, a companion item.
Commissioner Carollo: Move.
Commissioner Dawkins: Second.
Commissioner Plummer: Whoa, whoa, whoa. Hold on. This is a public hearing.
Commissioner Carollo: Yeah.
Vice Mayor Gort: This is to set a public hearing, yeah, for June 13th.
252
May 23, 1996
F
Commissioner Plummer: Oh, it's to set.
't
Mr. Cesar Odio (City Manager): To set a public hearing.
Vice Mayor Gort: To set the public hearing.
Commissioner Plummer: For today.
Vice Mayor Gort: No, no. June 13th. -
Commissioner Dawkins: What item are we on?
Vice Mayor Gort: Sixty-nine.
Commissioner Dawkins: Anybody to speak on 69?
Vice Mayor Gort: No.
Commissioner Plummer: Oh, OK. If you read all the way to the very bottom.
Vice Mayor Gort: Right. June 13, 19...
A. Quinn Jones, III, Esq. (City Attorney): No, we're on 69.
Commissioner Plummer: Why was the public hearing scheduled for today cancelled? Who
cancelled?
Vice Mayor Gort: The reason it was cancelled...
Mr. Jones: What? From Flagler?
Vice Mayor Gort: ... because at first, there was...
Mr. Jones: There was a problem.
Vice Mayor Gort: ... a clarification that had to be done in 68.
Commissioner Plummer: Fine.
Vice Mayor Gort: That's what we did today.
Commissioner Plummer: Fine.
Vice Mayor Gort: Now we got to have it on the 13th. OK. It's been moved and seconded. Any
further discussion? Being none, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Thank you. Unanimous.
253
May 23, 1996
T-4
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-359
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 96-278,
ADOPTED APRIL 25, 1996, WHICH SCHEDULED A PUBLIC HEARING FOR MAY
23, 1996, AT 4:30 P.M., TO TAKE TESTIMONY REGARDING THE EXTENSION
OF THE TERM OF THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL
IMPROVEMENT DISTRICT FOR A ONE YEAR PERIOD WHICH WAS INITIATED
BY RESOLUTION NO. 96-358, ADOPTED MAY 23, 1996 PURSUANT TO MOTION
96-50, ADOPTED JANUARY 25, 1996; PROVIDING THAT AT SUCH TIME ALL
PROPERTY OWNERS OR ANY OTHER PERSONS INTERESTED THEREIN MAY
APPEAR BEFORE THE CITY COMMISSION AND BE HEARD AS TO THE
PROPRIETY, ADVISABILITY AND COST OF MAKING SUCH IMPROVEMENTS
AGAINST EACH PROPERTY SO IMPROVED; THEREBY PROVIDING THAT
SAID PUBLIC HEARING BE RESCHEDULED TO JUNE 13, 1996 AT 4:30 P.M.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
74. (A) (Continued) AUTHORIZE ISSUANCE OF REQUEST FOR
PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT PROJECT
(UDP) -- TO CONSIST OF DEVELOPMENT OF COMMERCIAL /
RECREATIONAL WATER -DEPENDENT FACILITIES, WITH
OPTIONAL FACILITIES, AND ANCILLARY RELATED USES ON
CITY -OWNED WATERFRONT PROPERTY (DINNER KEY BOAT
YARD, 2640 SOUTH BAYSHORE DRIVE). (See label 25)
(B) DIRECT ADMINISTRATION TO ADVERTISE FOR RFP IN ALL
MAJOR PUBLICATIONS AND MARINE MAGAZINES.
(C) CITY MANAGER REPORTS THAT PRODUCERS OF MOVIE
"SPEED II" HAVE REQUESTED TO USE DINNER KEY BOAT
YARD HANGARS FOR FILMING,
Vice Mayor Gort: Now, we got item 20.
Mr. Cesar Odio (City Manager): Twenty, 20. And I'd like 31-A, if you can reconsider that one.
That's quick, if you approve the Grove...
254 May 23, 1996
''r
F
1,
Vice Mayor Gort: Let's listen to 20 first.
Mr. Odio: OK.
Vice Mayor Gort: Item 20.
Mr. Jack Luft (Director, Community, Planning & Revitalization Dept.): This is the RFP
(Request for Proposals) for the unified development of the Merrill Stevens boat yard. This RFP
has been through all the citizens committees' review and approval.
Mr. Odio: He lost his voice because of having a baby. He just had a girl.
Vice Mayor Gort: Let somebody else talk.
Ms. Dianne Johnson (Development Coordinator, CPR Dept.): The Request for Proposal
document has been presented....
Commissioner Plummer: He had the baby or she's having the baby?
Commissioner Dawkins: What item is this?
Ms. Johnson: This is item 20.
Commissioner Dawkins: Why are we...
Ms. Johnson: The request...
Commissioner Dawkins: Why are we back to 20?
Ms. Johnson: This is a public hearing item, and it was at the request of citizens that it be
deferred until after four, five o'clock.
Commissioner Dawkins: Go right ahead, ma'am.
Ms. Johnson: Once again, this is the request to have your authorization to issue a Request for
Proposals document for the unified development of the property known as the Dinner Key boat
yard. We have presented the Request for Proposals to a number of community agencies, groups,
and have held a number of community meetings. We've been to the Planning Advisory Board,
the Village Council, the Heritage and Environmental Preservation Board, the Marine Council,
the Waterfront Advisory Board, the Shoreline Review Committee. We've also had the
assistance of a number of citizens in the drafting of this request for proposal document. This is
the final public hearing which would allow us to move forward and issue the Request for
Proposals. The advertisement would be May 31st, and the date the proposals would be due
would be August 30th. That's the 90 days required by law.
Commissioner Plummer: Discussion.
Commissioner Dawkins: Under discussion.
Commissioner Plummer: Under discussion. Go ahead.
Commissioner Dawkins: Who is the evaluation committee?
255 May 23, 1996
Ms. Johnson: We will be bringing back a resolution to you at the next Commission meeting.
There are... The review committee is to consist of a number of persons from the public, and a
number of persons from the staff. We do not have that yet.
Commissioner Dawkins: How many from the public?
Ms. Johnson: It would be based on the recommendation of the City Manager.
Commissioner Dawkins: OK. Now...
Ms. Johnson: There's one more member of the community than there are members from staff.
Commissioner Dawkins: No. I want two-thirds more members from the public than from staff.
I want to make sure that if the community wishes to outvote the staff, they are able to do that.
Commissioner Carollo: I agree with that, Miller.
(APPLAUSE)
Commissioner Plummer: If we want, we just make all the members from outside.
Commissioner Dawkins: I have no problem with that.
Mr. Odio: No, no.
Commissioner Plummer: Why?
Mr. Luft: The Charter.
Mr. Odio: We have been told that the Charter...
Commissioner Dawkins: Say what?
Mr. Luft: The Charter specifically requires an equal number of staff and public with one...
Commissioner Dawkins: What part of the Charter?
Mr. Luft: The City of Miami Charter, 29...
Commissioner Dawkins: Defer this until you show me that in the Charter.
Mr. Luft: Twenty -nine -A.
Commissioner Dawkins: No, ma'am. Bring me that in the Charter and bring... and we'll bring
this back. No, no, no. Nothing else, nothing...
Commissioner Plummer: All right. I've got some...
Vice Mayor Gort: Excuse me.
Commissioner Plummer: I've got some...
Commissioner Carollo: Take another five minutes. Take another five minute break.
256 May 23, 1996
Vice Mayor Gort: Excuse me. Hold it, hold it.
Ms. Johnson: I have that here.
Vice Mayor Gort: Are you asking to defer this item?
Ms. Johnson: I have that here.
Mr. Bruce Reep: Please don't.
Commissioner Dawkins: No, have him... No, no, have her show me. Have her show me. Have
her...
Mr. Luft: I need to move this. We're never going to make the referendum.
Commissioner Dawkins: I don't care about the referendum. I don't have to vote on this.
Vice Mayor Gort: Are you asking to defer?
Ms. Johnson: Could you...
Commissioner Dawkins: Wait, wait. Let's see.
Ms. Johnson: I'm reading from...
Commissioner Dawkins: We have a very able City Attorney researching it. Give me time.
Commissioner Plummer: Can I ask some questions while you're looking that up?
Commissioner Dawkins: Yes, sir.
Commissioner Plummer: Dianne?
Ms. Johnson: Yes.
Commissioner Plummer: What is the required minimum annual guarantee?
Ms. Johnson: As we explained at a previous meeting before the City Commission, we have
found that it's in the best interest of the City not to specify a minimum guarantee in the offering,
except to say that, in accordance with the City Charter and Code, we must receive an amount
equal to or exceeding fair market value for the property.
Commissioner Plummer: You just lost my vote. Thank you.
Ms. Johnson: That will be based on an appraisal.
Commissioner Plummer: Second question. How much up front are you demanding? Are you
demanding six months up front? Are you demanding...
Ms. Johnson: Six months, sir.
Commissioner Plummer: Six months?
Ms. Johnson: Yes, sir.
257 May 23, 1996
F
Commissioner Plummer: OK. But you've lost my vote on the other one.
Mr. Odio: We have to get this thing developed at some point.
Commissioner Plummer: Cesar, you either put a minimum annual guarantee in there... and I'm
not... I don't even have the chance to argue how much it is.
Mr. Odio: You'll have the chance to do that before you award.
Ms. Johnson: Yes, you do.
Mr. Odio: You are not precluded from doing that.
Commissioner Dawkins: What does it say, Madam City Attorney?
Commissioner Carollo: I have some questions.
Mr. Odio: J.L., you can always do it.
Ms. Linda Kearson (Assistant City Attorney): It says that the review committee shall consist of
an appropriate number of City officials or employees, and equal number plus one of members of
the public whose names shall be submitted by the City Manager.
Commissioner Dawkins: OK. Mr. Luft did not tell the truth when he said an equal number.
Ms. Johnson: Plus one.
Commissioner Dawkins: It said... You did not say plus one.
Mr. Luft: I did say plus one.
Vice Mayor Gort: Yes, he did. He did.
Ms. Johnson: Maybe you didn't hear because of his voice.
Mr. Luft: I did say that. Equal number plus one from the public.
Vice Mayor Gort: Yeah, he made that statement.
Commissioner Dawkins: So they will be able to outvote you.
Ms. Johnson: Yes.
Commissioner Dawkins: OK. All right. I don't have a problem with that. I do have a problem
with it, but if the people I put on there don't have sense enough to outvote you, we need to be
voted down.
Commissioner Carollo: Well...
Commissioner Dawkins: OK, go ahead.
Commissioner Carollo: I have some additional questions. How much does this RFP differ from
the previous one that you placed before?
258 May 23, 1996
Ms. Johnson: One of the significant differences was the approach to the compensation to the
City. We went through a series of RFPs, as you may remember last year, where we got no
responses. It was felt that among the concerns at that time, was we were asking for a minimum
guarantee that did not match the extent of the development proposals. In other words, it was not
in line with the economics of the potential development.
Commissioner Carollo: And what was that minimum guarantee we were asking before?
Ms. Johnson: In this case, we are not asking for...
Commissioner Carollo: Not now. Before.
Ms. Johnson: Previously, it was three hundred and fifty thousand dollars ($350,000).
Commissioner Carollo: In this new RFP, do we still have this vegetable market?
Ms. Johnson: It's called a public market, and that was according to the...
Mr. Luft: It's an option.
Ms. Johnson: It's an option that is...
Commissioner Carollo: It's still a vegetable market, right?
Ms. Johnson: There is a difference between a festival market. A festival market, according to...
Commissioner Plummer: In the boat yard?
Mr. Luft: He said vegetable.
Ms. Johnson: Oh, I'm sorry. Vegetable. I'm sorry.
Commissioner Plummer: In the boat yard?
Commissioner Dawkins: No, wait a minute.
Ms. Johnson: It's a community market which will have more than vegetables. It's...
Commissioner Plummer: Whoa, whoa, whoa.
Mr. Reep: It's only an option.
Commissioner Plummer: Excuse me. Is that what you call a full service boat yard, with a
vegetable market?
Mr. Luft: No, sir.
Commissioner Plummer: What are we growing? Seaweed?
Mr. Luft: We're requiring a full service boat yard.
Commissioner Plummer: I'm sorry.
259 May 23, 1996
17
I
Mr. Luft: Commissioner, Commissioner, we have been told... Commissioner, we are trying to
find an...
Vice Mayor Gort: Let me ask you a question.
Mr. Luft: ... economically viable way of maintaining the buildings, which was a requirement of
this Commission.
Vice Mayor Gort: Let me ask you a question. My understanding is, placing this RFP, you had
the community working with you.
Mr. Luft: Yes.
Vice Mayor Gort: And what you have incorporated in this RFP is the input from that
community of Coconut Grove.
Mr. Luft: That's correct.
Commissioner Carollo: But, see, Mr. Vice Mayor, what I've been hearing from too many people
from the community of Coconut Grove where I live in is that they did not want many of the
things that have been incorporated into this RFP.
Mr. Luft: No, sir.
Commissioner Carollo: Including the vegetable market, or the farmer's market or the... What's
the last word that it's been called?
Mr. Luft: It's a public market.
Commissioner Carollo: Public market.
Mr. Luft: Yeah. This was voted on by the committee that was appointed by this Commission.
Commissioner Plummer: Jack, all kidding aside, this Commission has been on record, long-
standing...
Mr. Luft: Commissioner.
Commissioner Plummer: ... that it is to be a full service boat yard.
Mr. Odio: And it is.
Mr. Luft: Then that is required.
Mr. Odio: And it is.
Mr. Luft: That is a requirement.
Commissioner Dawkins: Not with a vegetable market.
Commissioner Plummer: Not with a vegetable market.
Mr. Odio: Commissioner, you asked us to have the community input. I think maybe you should
hear from the community what they want.
260 May 23, 1996
Commissioner Plummer: Fine. I mean, if they want it...
Vice Mayor Gort: Go ahead. Let's listen to them.
Commissioner Plummer: If they want a seaweed farm...
Mr. Reep: OK. My name is Bruce Reep. We've been involved in this for quite some time. A
charette and a lot of things have been going on. One of the things is that there is a required boat
yard, full service, for boat repair. The proposal is going out that way. You cannot get in there...
If there's extra space, like the smaller hangar or a certain section, then ancillary things like,
possibly, a market, or historical museums or other things could be used in that space. But
required, for sure, will be the marina, will be an in and out area for lifting boats out, and
repairing them, and doing their docks, and an option for fuel, which any boat operator would be
crazy not to, since we don't have any diesel fuel in this area except you got to go to Key
Biscayne. You got three, four hundred boats out here over 30 feet who need diesel fuel. So it
will happen. You will get your marina, you will get your fuel docks in time, and our boat yard is
part of the RFP. It is the required thing they have to do. When you see the required parts, the
other options don't disturb us so much. If they have extra space, great. They may not have extra
space, because the boat yard... There should be a minimum square footage that they need to
leave to do those repairs. If you go over there right now, the place is packed with boats, packed.
So I'm hoping that you all will go forward and consider giving us, the community of Coconut
Grove and Miami, all the boating people, a chance to let this one go forward. It is not giving an
exact price as of yet, but the amount of money that will come in through the marina and through
the repair of this place, you will get your three hundred and fifty, I bet you. But it's not saying
that that is the criteria. You're going to have two million dollars ($2,000,000) that has to be
invested. But with all the Code requirements, it could be up to ten million before they're done.
I'm just saying it's not a bad idea to give us a chance at it. Thank you.
Vice Mayor Gort: OK. Next.
Ms. Joyce Nelson: Joyce Nelson, 2535 Inagua Avenue. Commissioner Carollo, I know you
didn't get started on this in the beginning, but we've been working on this, I think, three years
now, close, almost, or more. Now, I have championed this Dinner Key project from the very
beginning, and worked on the steering committee every Friday afternoon with Dianne and the
staff. This is something that the community as a whole worked on, planned for, and approved.
If we have some people that do not like this, I don't know where they are, because most
everyone that has ever been involved in this has approved it as we have written it. And we spent
a lot of time to make sure that the wording was exactly what the charette results produced. We
wanted a full service boat yard, and that was what we asked for. We can have a full service boat
yard. We do not have to have a public market. It's just an option, if they want to put that in. It's
a viable option that the community said would be OK, because we don't want restaurants, we
don't want Bayside, we don't want CocoWalk, we don't want stores. We don't want any of that.
We want a boat yard, and something that will work with it, whether it's an historical museum or
any type of ancillary boating activities. That's it. That's all we want. And I think the RFP,
thanks to Dianne, is the best that we could possibly do for this community. And if you want to
get your boat repaired, where are you going to go? I mean, we've got a corner on the market
right here that we're not... We're not using that property enough, and I'm sure it's going to
make money.
Vice Mayor Gort: Thank you. Anyone else?
Mr. Jack King: My name is Jack King. I live at 3549 Loquat Avenue. And I'd like to point out
to you all that this is the last piece of usable waterfront property in Miami. There isn't anymore -
261
May 23, 1996
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probably in Dade County, unless you start dredging somewhere, and I don't see that happening
i anywhere. The thing that I do not like about this RFP is that it allows the vendor to select
i whether he wants to have a waterfront 7-Eleven and a tourist attraction in Coconut Grove to
generate additional profit. I think this piece of property should be used for waterborne activities
completely and unequivocally. Nothing else, all right? This RFP has been recycled so many
times, I'm sick and tired of reading it. It's got the same garbage in it over and over again. It just
gets thicker. And J.L., you are right about that, it took a long time for me to wade through this
one. The money, I'm not so much concerned about, because I think that you need to do
something for the City of Miami and the people that come here. Coconut Grove does not need
another attraction. It needs something to allow the people that already come here a way to
interface with the water and the water community. And I don't see that happening here. I'd like
to see a lot more waterborne activities, a lot less tourist attractions. I mean, we get people to
come here. This public market was something that came from, I think, from Philadelphia and
Vancouver.
Mr. Luft: No, sir. It came from the charette.
Mr. King: Excuse me. It came from... your idea is from Philadelphia, sir.
Mr. Luft: No, sir. We...
Mr. King: And the reason why they did that, it was just like what they did in Baltimore in the
inner harbor. They needed something to bring the people there. We don't need anything to
bring the people to Coconut Grove. We have the people. We need to allow them to get to the
waterfront. Thank you.
Commissioner Carollo: Jack, hold up for a minute, Jack.
Commissioner Dawkins: Are you saying that you are in favor of a full service marina, period?
Mr. King: I would like to see a full service boat yard interfaced with the marina, with use
facilities for sailors. We have the U.S. Sailing Center up the street aways at Kennedy Park.
They want to expand. I don't think anybody wants them to expand into Kennedy Park. We have
Shake -A -Leg, which brings other types of sailing here, also, other people. I would like to see all
of these operations interfaced into one larger operation. Maybe the City won't make so much
money on it, you know. Maybe the revenue won't be nearly as much, but it certainly would be a
lot more than what we're getting right now.
Mr. Odio: May I? May I?
Commissioner Carollo: Well, you've made a good point there, Jack, that it should all be
interfaced. And what we're doing is - not just here, but along all the waterfront in the City of
Miami - we're doing piecemeal by piecemeal, instead of looking at the big picture and seeing,
well, how are we going to interface everything that we're going to be doing in the water? You
brought out some good ideas, about bringing some of the sailing clubs in there, also, you know,
and these are things that, I don't know how much they were discussed, how many people talked
about them, how many people were in favor of them, but nevertheless, they're ideas that are
different than what was before. My concern is that I don't want to put out the same thing that
was before, because if we did not get the bids before on almost an identical RFP, my concern is
that we're going to run through the same thing again.
Mr. Luft: Yes.
Commissioner Carollo: But again, you know, I wasn't here when that RFP was placed, so I
don't know how much of a difference there really is between one and the other.
262 May 23, 1996
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Commissioner Plummer: Joe, may I bring something to your attention that you might not be
aware of. One of the reasons that you did not get a lot of bidders in the last go around was the
new State statute relating to whoever is the recipient of the award has to pay ad valorem taxation.
Mr. King: That's correct. And that added three percent to the amount the vendor had to pay.
Commissioner Plummer: At least three percent, if not more. When you talk about eleven acres
of waterfront property, the new State statute says that any governmental land that is rented out or
leased out to a private profit -making company has to pay ad valorem taxation. That's the same
reason we didn't get any bids on Watson Island. You're talking about megabucks, as far as ad
valorem taxation, and I think that had a very large bearing on why we got little or no interest in
these RFPs.
Mr. Odio: Mr. Vice Mayor, may 1?
Vice Mayor Gort: Yes. Thank you, sir.
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Mr. Odio: On the sailing, the U.S. Olympic Committee has been meeting with the City, and they
are very much interested in staying in Kennedy Park. They consider that the best sailing site in
the world, and they don't want to move, Jack. We tried to move them to the Virrick area, and
they have come here. They don't... I don't know anything about sailing. I'm not a sailor. But
they said that's the site, the best site there is for sailing, is from Kennedy Park out to the bay.
Mr. King: Well, I respectfully disagree with you. There are some other...
Mr. Odio: Oh, no, no, no. Not with me. Not with me.
Mr. King: There are some other political problems there, Cesar, that you...
Mr. Odio: No, no. You have to talk to the Olympic Committee.
Mr. King: I understand that. There are some other political problems there, but we're the ones...
We have the property. This belongs to the people in the City of Miami. Biscayne Bay is one of
the greatest sailing and boating sites in the world. All right? The people will come here.
They're coming here anyway. Even before we had the U.S. Sailing Center there, the U.S.
Olympic Training Center, we still had people coming here on a regular basis. They come all
winter long. This is a year-round facility here, and we need to upgrade that. And my feeling
about... You know, and I'm a member of U.S. Sailing, and I'm madder than hell at some of the
things that they've done, and we expressed our views with it with them. But the reality is, is that
we have the property, we have the facility, we have Biscayne Bay, and I think we're fools for not
utilizing it in the best way we possibly can. And I don't mean in dollars and cents. I mean for
quality of life for people.
Vice Mayor Gort: Thank you, Jack. Next.
Mr. Michael Carlebach: My name is Michael Carlebach. I live at 3634 Bay View Road. I really
haven't studied this RFP. I mean, it's thick and heavy. But one of the things that I did see was
the indication or the option to tear down the small hangar, and I just urge you to reconsider that.
These hangars are really historic properties. This is the birth of commercial aviation at this
place.
Commissioner Plummer: They're ugly.
263 May 23, 1996
Mr. Carlebach: And I don't think that we can afford to lose one of these structures. I urge you
to figure out a way to make use of it. I agree with almost everything that Joyce said. This is an
important project. The City is to be commended for getting the community involved and
keeping them involved, but the hangar is simply too important as an historic structure to allow its
demolition. Please try and figure out a way to keep it.
Commissioner Plummer: You need to change that. Sir, that's what makes ball games. I think
those hangars are one of the ugliest things I ever saw around this town. But that makes ball
games.
Mr. Carlebach: Well, you know, there's a lot in history that's ugly, Mr. Plummer, but maybe...
Commissioner Plummer: Miller Dawkins is a classic example.
Mr. Carlebach: Maybe it ought to be saved. Once it's gone, you can never replace it.
Vice Mayor Gort: Thank you, sir. Yes.
Commissioner Dawkins: Did you mean I was old? J.L., did you mean I was old, or ugly, or old
and ugly?
Commissioner Plummer: Both.
Commissioner Dawkins: OK.
Commissioner Carollo: Nice guy, huh?
Commissioner Plummer: Take your choice.
Vice Mayor Gort: Yes, sir.
Mr. Ron Nelson: Good afternoon. Ron Nelson. I live at 2535 Inagua Avenue. The community
did put a lot into this, and Jack certainly knows. He went through the battles. A couple of issues
that you brought up. The Sailing Center in Kennedy Park, they do want to expand. And, yes,
most everyone I've spoken to does not want them to expand in Kennedy Park. And the City
Manager said, well, you know, they... If they can't expand there, they're going to go away. I
think they have a good...
Mr. Odio: I didn't say that.
Mr. Nelson: Well, not in those exact words. I'm sorry. Not verbatim. But I think they have a
good poker face, and if they can't expand there, if they have to expand over at the Virrick Gym
property or in the old machine shop, they will, because this is the only place where they can have
South Bay. There's no other place where they can go and have South Bay to sail in. So... They
can't go to Tampa. They can't go to any other city and have South Bay, and South Bay is where
the sailing is, and Miami is the City where the activity is, and where they want to be. So you've
got them, also. And if you gave them the machine shop or something for their storage facility
that they want, they would probably, in the long run, take it. I know you're shaking your heads
"no," but if you don't give them an option, they might take it. Also, you are pulling it together
with the Virrick Gym property, and if we ever get the bay walk going that everybody wants, you
will help tie all of this together. That all comes... It comes all the way from Kennedy Park all
the way to downtown with the bay walk, that's accessible for everyone to the waterfront, which
would be a beautiful thing. And if you ever purchased the property next to the Barnacle estate, it
will go all the way to there. That's pretty impressive.
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Mr. Odio: (Speaking off mike) I didn't know you could walk all the way downtown.
Commissioner Plummer: I didn't either. How do you walk from Kennedy Park all the way
downtown on the bay? I thought only Jesus...
Mr. Nelson: The only place that you have...
Commissioner Plummer: I thought only Jesus could do that.
Mr. Nelson: The only place that you have a stop right now is where the private yacht clubs are.
Commissioner Plummer: Yeah.
Commissioner Dawkins: But that's why they have the sails. They'll sail down there.
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Mr. Odio: The Grove. Downtown Grove.
Mr. Nelson: Right. But you can do it all the way, the rest of the way.
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f Commissioner Plummer: Oh, downtown Grove. Oh, oh, the other way.
Mr. Nelson: Yeah, downtown Grove.
Vice Mayor Gort: Yeah, downtown Grove, yes.
Commissioner Plummer: OK.
Mr. Nelson: I said downtown Grove. I said downtown Grove, which you can go all the way to
the... If they take the Barnacle property next to it, you can go all the way to the Barnacle
property along the waterfront.
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Vice Mayor Gort: They were thinking downtown Miami.
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Mr. Nelson: No, I'm sorry.
Commissioner Plummer: No, he said downtown.
Vice Mayor Gort: Downtown Grove.
Mr. Nelson: Downtown Grove is what I meant.
Vice Mayor Gort: OK.
Mr. Nelson: So you... That would be a fabulous thing for the entire community. And I have to
agree with what Jack said about the use of the waterfront. You know, this is a...
Vice Mayor Gort: Thank you, Mr. Nelson. Your two minutes are up.
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j Mr. Nelson: This is a boating community. Thank you.
Vice Mayor Gort: Thank you. Yes.
Mr. Michael Samuels: My name is Michael Samuels. I live at 4001 Utopia Court in Coconut
f Grove. My feeling about this is as follows. This RFP is the outcome of a charette. The charette
265 May 23, 1996
was attended by a lot of people in Coconut Grove. No matter what the charette said, or no
matter what this RFP said, this is what the people that attended the charette in Coconut Grove
wanted, and I think that should be really taken into consideration and adhered to. Nothing is
going to be perfect. No matter what anybody propose is going to be perfect. I think that the
citizens who had the wherewithal to go through this whole process, see it through an RFP,
should be given the opportunity to make a mistake so that nobody can come back and say, "Well,
the City did this, the City did that." Let them say, "The residents did this, the residents did that."
The point is that this is what the citizens wanted. This is what the charette resulted in, and I
think that we should go with this RFP as the result of the charette. Thank you.
Vice Mayor Gort: Thank you. Anyone else?
Mr. Richard Bunnell: Yes. Good afternoon. I'm Richard Bunnell. I'm vice chairman of the
City of Miami Waterfront Advisory Board. I live at 1620 South Bayshore Court. The
Waterfront Advisory Board has unanimously endorsed this RFP for... to have it issued to the
proposers. We felt that the City staff worked long and hard on it. They put out a strong RFP to
try and get a good number of very strong proposers. We hope they're successful in it, and we
think that they've got the best shot at it they've had in any of the proposals they've put out so
far. So we... the Waterfront Board has unanimously endorsed this proposal.
Vice Mayor Gort: Thank you, sir. OK.
Mr. Laurence Terry: Laurence Terry, 1896 Tigertail Avenue. I'm here on behalf of the Village
Council. The Village Council has also endorsed this RFP, and supports it, with a few points and
concerns. Number one, we want to make sure that the development of these slips, both as to the
location and the configuration will not interfere with any plans for next door at Virrick Gym, and
for the community sailing, or with any potential configurations that a proposer might respond
with. Number two, are a couple of technical points about the size of the... the size and location
of a fuel dock. We understand that the permits have been applied for, and we... hopefully that
those applied permits will not interfere with any future configurations. The third point is that
while we understand - this speaks to J.L.'s concern o we understand clearly the budgetary
constraints and the need for new revenue coming into the City. But the Council feels that getting
this development done correctly by a bona fide developer with specific qualifications in marine
work is much more important than revenue streams in the future. So we support what we
understand, and what Dianne spoke about, is that there... the appraisal process and the minimum
guarantee will refer to the approved project as opposed to the best and highest use of this
property.
Commissioner Plummer: Yeah. There's only one problem there, and what I'm trying to say is,
in so many... I don't disagree with the charette. I don't disagree with the project. God knows,
it's way past due. My problem is that we know from past experience that the minimum annual
guarantee was adjudged as a fair return to the City at four hundred thousand dollars ($400,000) a
year. That's minimum. Now, I think that in all fairness to anybody that's going to bid, they
should be aware before they go spending money, time and effort to make a bid that, in the past,
at least four hundred thousand dollars ($400,000) a year has to be returned to the City.
Mr. Odio: If I may, if I may, Commissioner.
Mr. Terry: But the problem...
Vice Mayor Gort: Excuse me, excuse me.
Mr. Odio: Would you allow...
266 May 23, 1996
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Mr. Terry: Excuse me.
Vice Mayor Gort: Yes, sir.
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Mr. Odio: I want just to make a point on that. That has been the mistake, that we said four
hundred thousand dollars ($400,000), no matter what you do there. We're saying now, let's see
what they propose to do and then see what the fair return value on that proposal is. And it could
be more if we get the vegetable garden.
Commissioner Plummer: Mr. Manager, my problem is that I don't want to give...
Commissioner Carollo: But he's saying minimum. Minimum, he's saying.
Mr. Luft: Yes.
Mr. Odio: Right.
Commissioner Plummer: That's what I'm saying. I'm not saying maximum.
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Mr. Luft: Commissioner...
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Mr. Odio: The problem is... The problem is that minimum has turned off anybody from
bidding - excuse me, Jack - from bidding on the project. We only had one bidder the last time.
Commissioner Plummer: Mr. Manager, we know that eleven acres, for anyone to make a
determination, eleven acres on the waterfront around here has got to be at least four hundred
thousand dollars a year ($400,000). Now, don't give a bidder the out to say, "Well, had I known
that, I would have never bid."
Mr. Odio: But it depends on what you're going to place there. That's the problem,
Commissioner.
Mr. Bunnell Monk: Let's do this one right. After all, if it were a park, which has been
suggested, what would the appraised value in return to the City be in that case?
Commissioner Plummer: I don't know who suggested a park. I didn't.
Mr. Luft: Commissioner, Commissioner, if this...
Vice Mayor Gort: Excuse me, excuse me. Let's have one meeting at a time, please.
I
Commissioner Plummer: OK.
Mr. Luft: I'm sorry.
Vice Mayor Gort: Thank you, sir. OK. We have the Zoning Board, and we have people and we
promised to hear them at six o'clock, and it's seven -fourteen. And I'd like to hear from those
people that are here for that.
Commissioner Plummer: Well, we better start making some decisions of who's going to be
heard tonight and who's not, because we're not going to hear everybody.
Vice Mayor Gort: Well, we got to hear the "Carr" item. We promised them we'd hear them
i today, and we'd hear them today at six o'clock.
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Commissioner Plummer: OK. pine. Hey.
Vice Mayor Gort: OK.
Commissioner Carollo: I'm willing to stay here until midnight or later, if need be.
Commissioner Plummer: No, I can't.
Vice Mayor Gort: No, I don't have no problem.
Mr. Luft: Commissioner...
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Commissioner Dawkins: Well, you will be by yourself.
Mr. Luft: Commissioner....
Vice Mayor Gort: Joe, I don't have any problem either. I can stay here all night.
Commissioner Dawkins: You two will be here.
Commissioner Plummer: With the pills I'm taking, I'll be asleep by nine.
Commissioner Carollo: At least we'll be in the sunshine with the moon.
Mr. Luft: If your concern is the proposed bidders, this is the document that the proposed bidders
are most supportive of. This is the way they really think it should be done.
Commissioner Dawkins: Say what, now?
Mr. Luft: Commissioner Plummer's concern was putting out a document that proposed investors
and developers would be comfortable with, and he thinks they need to know the number up
front. They agree with us that this is the right way to do it. Don't try to prejudge the number
without knowing what the real cost of rehabilitation, or restoration, of cleanup of all of the
development is, and without knowing what the mix of retail or revenue generation is. Wait until
you get the proposal. Then get an appraiser to give you a fair market appraisal.
Commissioner Dawkins: OK. Well, I... Let me tell you...
Mr. Luft: That's what the bidders want.
Commissioner Dawkins: OK. Let me tell you. If it does not reach what I feel is a fair market
value...
Commissioner Plummer: Exactly what I'm saying.
Commissioner Dawkins: OK?
Mr. Luft: Yes, sir. You can reject it.
Commissioner Dawkins: Then I will not be... OK?
Mr. Luft: You absolutely have that right.
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Commissioner Plummer: That's exactly what I'm saying. But why put them through that?
Commissioner Dawkins: Plus, as was said, a fair market value... And I've said from day one, a
full service marina. Now, that's my concern. OK? Now, selling mangoes and peaches and
apples, that's great. But we started out saying we wanted a full service marina, and that's what
we... And that should be our primary objective. OK.
Mr. Luft: That is required.
Vice Mayor Gort: Fellow Commissioners, with the exception of Commissioner Carollo, I think
every one of us had one person appointed to this committee along with the people from Coconut
Grove to put input into this process. I think this is a process that we went through for a whole
year. I don't see any problem in approving this. And like we said, when the request... when the
proposal comes in, we can make a decision and see if it's worth it or not. And that's when we
can make our decision.
Commissioner Dawkins: I call the question.
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Vice Mayor Gort: Well, we need a motion. We don't have a motion.
Commissioner Dawkins: We don't have a motion?
Vice Mayor Gort: No.
Commissioner Plummer: Add the minimum annual guarantee, and you got your motion. That's
the only thing I'm hung up on. I'll make the...
Mr. Luft: Commissioner, the only way we can put that in is to...
Vice Mayor Gort: I tell you what. You want to take the chair? And I'll make the motion. A
motion to... I move to approve the RFP.
Commissioner Plummer: OK. There's a motion made and not seconded. Going once, going
twice, going three times. You have the chair back. Now, I will make a motion that we accept
1 this with a stated stipulated minimum annual guarantee, and I'm going to make it easy on you.
I'm going to say three hundred thousand ($300,000). I'll drop it a hundred. OK?
Commissioner Carollo: And Willy, I really think we need that.
Mr. Luft: OK, fine. Three hundred. Fine.
Commissioner Carollo: It's too important of a property...
Commissioner Plummer: It's only fair to the bidders.
Commissioner Carollo: ... not to include it. Plus the fact...
Commissioner Plummer: It's only fair to the bidders to let them know.
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Mr. Luft: Right. Right.
Commissioner Carollo: The fact is that J.L. is right. It's not fair to people who spend twenty,
thirty, forty, fifty thousand dollars ($50,000) going through this whole process to find out that,
hey, they didn't want to pay a minimum amount, or they feel that they can't make it on that.
They should know up front.
269 May 23, 1996
Mr. Luft: We'll do that,
Commissioner Plummer: Waste their time or ours.
Mr. Luft: OK.
Commissioner Plummer: I do also...
Vice Mayor Gort: OK. There's a motion.
Commissioner Carollo: Three hundred thousand is the minimum.
Commissioner Plummer: That's fine.
Vice Mayor Gort: Is there a second?
Commissioner Plummer: Joe, in all fairness to the bidders, I do feel...
Commissioner Dawkins: Yeah, Joe seconded it.
Commissioner Carollo: Yeah, I second it.
Vice Mayor Gort: OK. It's been moved and seconded.
Commissioner Plummer: I do feel, Jack...
Commissioner Dawkins: J.L., stop talking. You're out of line.
Vice Mayor Gort: Excuse me, J.L. Is there any further discussion?
Commissioner Dawkins: He's going to call the question.
Commissioner Plummer: Yes, there is further discussion.
Commissioner Dawkins: Call the question.
Vice Mayor Gort: Yes, sir.
Commissioner Plummer: I do feel that in fairness to the bidders, you must give them an
estimated cost of ad valorem taxation. OK? Thank you.
Mr. Luft: Yes.
Vice Mayor Gort: OK. Any further discussion? Being none, all in favor...
Commissioner Carollo: We still need to listen to the rest of the people here from the public. I
think there's one or two more.
Mr. Seth Sklary: I just have a question for clarification. Perhaps this might go toward...
Unidentified Speaker: They've already been up there once.
Commissioner Carollo: Oh, they've been up there already?
270 May 23, 1996
Mr. Sklary: I've never been up here today. The question is, are you looking for a minimum
guarantee as far as a lease rate, or are you looking for a minimum guarantee as an ad valorem
tax? Or are you willing to take it one way or the other?
Commissioner Plummer: We don't set ad valorem taxation.
Commissioner Carollo: No, we don't.
Mr. Luft: At a lease rate.
Commissioner Plummer: We don't set that. OK?
Commissioner Carollo: For the lease, yeah, for the lease.
Commissioner Plummer: We're talking about the lease.
Mr. Sklary: All right. But if there is an ad valorem taxation, then you, as the City, would get
some benefit of that, wouldn't you?
Commissioner Plummer: One-third of whatever it is.
Mr. Sklary: All right. So would you be willing to use one as a setoff against the other if...
Commissioner Plummer: No, absolutely not.
Mr. Sklary: Oh. So you want both.
Commissioner Plummer: Legally, you can't do it, I don't think.
Mr. Luft: Can't do that.
Commissioner Plummer: You can't.
Mr. Luft: No, we cannot.
Vice Mayor Gort: OK. There's a motion and a second. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
Commissioner Plummer: I'm in favor.
Vice Mayor Gort: Unanimous.
May 23, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-360
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF A
REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED
FORM, FOR A UNIFIED DEVELOPMENT PROJECT ("UDP"), TO CONSIST OF
THE DEVELOPMENT OF COMMERCIAL AND RECREATIONAL WATER -
DEPENDENT FACILITIES, WITH OPTIONAL FACILITIES, AND ANCILLARY
RELATED USES ON APPROXIMATELY 135.5 ACRES OF CITY -OWNED
WATERFRONT PROPERTY KNOWN AS THE DINNER KF,Y BOAT YARD,
LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA.
I
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
i Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
j by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Mr.Odio: Commissioner...
Commissioner Plummer: Well, wait a minute. You got a guy who wants to say something.
Mr. Nelson: I have been up once before. The only thing I did want to ask is that you please
make sure it's advertised properly.
Commissioner Carollo: You got a very good point, yeah.
Mr. Nelson: People all over the country are...
Commissioner Carollo: Absolutely.
Mr. Nelson: This is a fabulous piece of property.
Commissioner Carollo: Yeah.
272 May 23,1996
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Mr. Nelson: And I want to make sure some guy in L.A. with deep pockets, knows about it, and
not just Dade County.
Commissioner Carollo: Yeah. That's a very good point. That's a very good point you're
making. Jack, on this one...
Mr. Nelson: Put it national, please.
Commissioner Carollo: ... especially this one, and from now on, on all our major properties that
we're putting out to lease.
Mr. Luft: Yes, sir.
Commissioner Carollo: I don't want to see just one ad in small newspapers.
Mr. Luft: No. We're going...
Commissioner Carollo: Even just in the Herald. I want to do as he said. Let's advertise it in all
the major publications that we can.
Commissioner Dawkins: And marine magazines.
Commissioner Carollo: Exactly, marine magazines.
Mr. Luft: That's exactly what we're going to do.
Mr. Odio: Trade...
Commissioner Carollo: Let's not do with this like Melreese Golf Course.
Mr. Luft: We've already contacted the trade magazines.
Mr. Odio: Vice Mayor, may I ask a question? May I ask a question related to the hangar, the
big one. We have been - and I want the community to hear this, because they were - we have
been approached by the producer of the movie, "Speed," and they want to do "Speed II," which
will cost about ninety million dollars ($90,000,000). They're looking at the hangar to create the
warehouse atmosphere they need for the sound stage or whatever. They do not intend to
demolish any buildings, by the way. It's only to make it into a studio. The problem that I have -
and this is a policy decision - they want us to... They want an empty building, and we have some
tenants there that eventually will have to be asked to leave, because...
Commissioner Carollo: If they pay enough to make up for what we're going to lose, you know.
Mr. Odio: They are not talking about... They're talking about rebuilding the building inside,
making it more attractive, et cetera, which could enhance the building for some developer in the
future. But they're asking us... The tough question is, they want me to evict the people that are
there now doing business.
Commissioner Dawkins: The people that are there, do they have a lease, or do they have a
month to month lease or year?
Mr. Odio: They have a month to month.
Commissioner Dawkins: Month to month. So what's your problem?
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May 23, 1996
Vice Mayor Gort: I think before we make a decision, we're going to have to see the benefits
versus the liability.
Commissioner Carollo: Exactly.
Mr. Odio: OK. So...
Commissioner Carollo: Not only the benefits, but to see who are the people that are there, and,
you know...
Commissioner Dawkins: And where we can put them, and where we can assist them in moving.
Commissioner Carollo: Yeah.
Mr. Odio: I'll send someone to show you who is there.
Commissioner Dawkins: We have to help them relocate. We have to help them relocate, Mr.
Manager.
Mr. Reep: This is real important. The people that are there are... probably a good group of them
are going to be the people who will be subletting from the next person who gets this RFP. They
are all boat carpentry shops, and boat repair shops, and engine shops. And if you put all these
people out of business, where are you going to move them? And why put out the RFP for a full
service boat yard, and you just took all the businesses that are doing it? They will be the
"subletees" before you throw them out.
Commissioner Carollo: That's... You got a good point.
Mr. Odio: That's the problem that I had in...
Commissioner Carollo: So this is what we need to know.
Commissioner Dawkins: That's it. Well, that's the end of that. All right.
Vice Mayor Gort: That's why we need all the information before we can make a decision.
Commissioner Dawkins: So they can't use it. Let's go to the next item.
Vice Mayor Gort: OK. That's it?
Commissioner Carollo: Don't we have any other place they could go and use in the City?
Vice Mayor Gort: Is that it?
Mr. Odio: Sir?
Vice Mayor Gort: Is that it?
Commissioner Carollo: Don't we have any other place they could use?
Mr. Odio: They have been looking at the whole City.
Commissioner Dawkins: Yeah.
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May 23, 1996
Commissioner Carollo: How about Virrick Gym? There is nothing going on there.
Mr. Odio: It's too small.
Commissioner Carollo: Too small?
Commissioner Dawkins: What about the Marine Stadium?
Mr. Odio: They need...
Commissioner Dawkins: What about the Marine Stadium?
Mr. Odio: They're going to recreate the inside of a ship inside this building.
Commissioner Dawkins: What's wrong with the Marine Stadium?
Mr. Odio: It doesn't have an enclosed facility. I have offered them every single site but this
one.
Commissioner Carollo: Bobby Maduro.
Mr. Odio: They had to be enclosed. Had to be an enclosed site.
Commissioner Dawkins: All right. All right.
Vice Mayor Gort: OK. Why don't you do the research and come back to us.
Commissioner Plummer: How about the Dade County Courthouse?
Vice Mayor Gort: Do we have any other items before we go into the Zoning and Planning
agenda?
Mr. Odio: Thirty -one -A.
----------------------------------------------------------------------------------------------------------------
75. BRIEF CLARIFYING COMMENTS BY CITY ATTORNEY CONCERNING
NEWLY FILED LITIGATION: KENNETH TREISTER, GERALD KATCHER
AND HOWARD SCHARLIN VS. BOARD OF TRUSTEES OF INTERNAL
IMPROVEMENT FUND OF STATE OF FLORIDA (CASE NO. 96-1730) (See
label 2.14)
----------------------------------------------------------------------------------------------------------------
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, could I just make a clarification on
one item that we took up this morning?
Vice Mayor Gort: Yes, sir.
Mr. Jones: On the consent agenda, on Treister, I just want you to know that Mr. Fleming is no
longer in his own practice. He is with Alley and Alley, so I just wanted the record to reflect that.
Commissioner Carollo: Who is he with now?
275 May 23, 1996
Mr. Jones: Alley and Alley.
Commissioner Carollo: That's Mr. Fleming.
Mr. Jones: Yes.
Commissioner Carollo: OK. He's still linked with Parker Thompson.
Mr. Jones: Well, they work independently. They're never... They weren't in the same office.
Commissioner Carollo: OK, right. OK.
Mr. Jones: And I just wanted to make that... so if you see that name.
Vice Mayor Gort: OK.
----------------------------------------------------------------------------------------------------------------
76. (Continued) AUTHORIZE MANAGER TO EXECUTE CONSENT
AGREEMENT WHEREBY CITY CONSENTS TO SUBLEASE BETWEEN
GROVE KEY MARINA, INC. AND COCONUT GROVE YACHT AND
BROKERAGE, INC. -- FOR SALE OF NEW / USED BOATS, OUTBOARD
MOTORS AND RELATED ITEMS, SUBJECT TO CONDITIONS. (See label
58)
Mr. Cesar Odio (City Manager): Thirty -one -A is the last one.
Vice Mayor Gort: Thirty -one -A?
Mr. Odio: They want us to reconsider. They would lose their client, and which is eighteen
thousand dollars ($18,000) more of revenue to the City. If you approved it... If they agreed to
meet with us after you approve this tomorrow, and we can get some compromise on next door.
Commissioner Plummer: Well, do it this way. All right?
Vice Mayor Gort: Do it subject to acceptance by you.
Commissioner Dawkins: What item?
Commissioner Plummer: I'll tell you how to do it, Mr. Manager,
Commissioner Dawkins: What item?
Commissioner Plummer: You do it...
Commissioner Carollo: Thirty -one -A.
Commissioner Plummer: ... no less than eighteen thousand dollars ($18,000), and no more than
forty thousand ($40,000). If they don't negotiate out the items that you have, then you have the
right to go up to forty thousand dollars ($40,000). If they negotiate, which you feel is fair, they
got it. But either way, it's approved.
276 May 23, 1996
-1�
Vice Mayor Gort: OK? Is that a motion, J.L?
Commissioner Plummer: Yes.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Plummer: Spencer just had a heart attack, but that's all right.
Commissioner Carollo: We... J.L., we really still need for this to come back to us. When do we
meet again.,
Commissioner Plummer: Well, it will come back to us, Joe, in the fact as to whether or not...
i
Vice Mayor Gort: To approve the contract.
Commissioner Plummer: ... the Manager has been able to work out the problems.
i
Commissioner Carollo: Yeah, but...
Commissioner Plummer: He will lose the... It will not come back...
Commissioner Carollo: OK.
Commissioner Plummer: ... because if he doesn't get this...
! Commissioner Carollo: All right.
j Commissioner Plummer: ... it's over and he loses it.
+, Commissioner Carollo: I second it.
Commissioner Plummer: OK. Hey, I'm...
{ Commissioner Carollo: All right, I second it.
I Vice Mayor Gort: OK. It's been moved and seconded. Any further discussion? Being none, all
in favor, state so by saying "aye."
I
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
!
!
I 277 May 23, 1996
i
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-361
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WHEREBY THE CITY SHALL CONSENT TO A SUBLEASE BETWEEN GROVE
KEY MARINA, INC. AND COCONUT GROVE YACHT AND BROKERAGE, INC.,
FOR THE SALE OF NEW AND USED BOATS, OUTBOARD MOTORS AND THE
SALE OF RELATED ITEMS, SUBJECT TO (1) CITY MANAGER REVIEW AND
APPROVAL OF THE SUBLEASE AGREEMENT AND (2) THE CITY RECEIVING
COLLECTIVELY FROM THE ABOVE REFERENCED SUBLEASE AND THE
SHIP'S STORE SUBLEASE A MINIMUM ANNUAL RENT OF NOT LESS THAN
$18,000 AND NO MORE THAN $40,000.
j (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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Plummer: You ready for pockets?
Vice Mayor Gort: OK, quick pockets because we've got people waiting.
1 Commissioner Plummer: The first pocket is one brought up before, Mr. Manager, in reference
to...
Commissioner Dawkins: The pockets are supposed to come up at the last of the meeting. Let's
get through the... Let's get through the Planning and... because we got people sitting here all
day, so let's go to the Planning and Zoning meeting.
I
Mr. Odio: Bye the way, Mr. Vice Mayor, one thing you do need... One thing, one item that you
need to do...
Commissioner Carollo: You have the Sports Authority.
Mr. Odio: ... is the appointment of at least four members of the Sports Authority.
Commissioner Carollo: Yeah.
Mr. Odio: Or three, I mean, so they can...
Commissioner Dawkins: Well, we can do that after the Planning, I mean, but let's just don't
forget it.
i
iUnidentified Speaker: Thank you.
Commissioner Dawkins: Because these people have been here all day. Let's let them go home.
i
Commissioner Carollo: OK.
i
Vice Mayor Gort: We have... My understanding is we have to defer the... close the... adjourn
this meeting and begin the other one.
Commissioner Plummer: Yes.
Vice Mayor Gort: Do we have a motion to adjourn the regular meeting?
i
Commissioner Plummer: Always in order.
Commissioner Dawkins: Second.
Vice Mayor Gort: OK. It's been moved and seconded. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
t
j
I
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 23rd day of May, 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 7:25 p.m. by Vice Mayor Wifredo Gort with the
{ following members of the Commission found to be present:
Vice Mayor Wifredo Gort
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
ABSENT:
i
Mayor Stephen P. Clark
Cesar H. Odio, City Manager
ALSO PRESENT:
Christina Cuervo, Assistant City Manager
A. Quinn Jones, III, City Attorney
Joel Maxwell, Assistant City Attorney
4 Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
I
1
1
1
{ 280 May 23, 1996
r
----------------------------------------------------------------------------------------------------------------
77. DISCUSS AND CONTINUE PROPOSED:
(A)
FIRST READING ORDINANCE: AMEND MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP ORDINANCE
10544) FUTURE LAND USE MAP -- CHANGE LAND USE
DESIGNATION AT 3240 FLORIDA AVENUE FROM SINGLE
FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL.
[Applicant(s): FARMER'S MARKET, COCONUT GROVE.]
(B)
FIRST READING ORDINANCE: AMEND ZONING ORDINANCE
11000 ATLAS -- CHANGE DESIGNATION AT 3240 FLORIDA
AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL TO SD-2
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT.
[Applicant(s): FARMER'S MARKET, COCONUT GROVE.]
(C)
FIRST READING ORDINANCE: AMEND ZONING ORDINANCE
11000 ATLAS -- CHANGE DESIGNATION AT 3298 CHARLES
AVENUE (MARIAH BROWN HOUSE) FROM R-1 SINGLE-
FAMILY RESIDENTIAL TO R-1 SINGLE-FAMILY RESIDENTIAL
AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS.
[Applicant(s): CPR DEPT.] (See label 80)
Vice Mayor Gort: OK. We now open the Planning and Zoning meeting. My understanding is
the first item that was promised, Carr Sound (sic).
Commissioner Plummer: Well, Mr. Vice Mayor, I think the thing that would be appropriate at
this time, which is more than obvious, that we do not have a full Commission, that we have
always afforded the possibility of anyone who wishes to have one deferral for the potential of a
full board meeting has that right. And if there is anybody here who wants to get any deferrals of
the items, I think we need to hear them first.
Vice Mayor Gort: OK. Anyone who wants to... That'll be the first time. No one can do it for
the second time.
Commissioner Plummer: Only one. One deferral.
Vice Mayor Gort: Only one. One deferral. Anyone, because of the short board, would like to
request for a deferral on their item?
Commissioner Plummer: I don't see any.
Vice Mayor Gort: I guess not. OK.
Commissioner Plummer: I heard Lazaro Albo was going to ask for one, but that don't mean
anything.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: What?
Ms. Esther Mae Armbrister: I would like to know if item 11... What are you planning to do with
that?
281 May 23, 1996
Vice Mayor Gort: Well, we made a commitment to hear this one first. I don't know how long
this is going to last...
Commissioner Plummer: Carrfour?
Vice Mayor Gort: ... but Joe and I are willing to stay as long as you want to.
Commissioner Dawkins: PZ-11, Mrs. Armbrister?
Ms. Armbrister: Yes.
Mr. Joel Maxwell (Deputy City Attorney): They're asking for a continuance, I think.
Ms. Armbrister: Eleven.
Commissioner Dawkins: PZ-11?
Ms. Armbrister: Yeah.
Mr. Maxwell: It's a request for a continuance.
Mr. Bruno Carnisella: Yes. My name is Bruno Carnisella, for the record, 3838 Irvington
Avenue. I will ask to have a deferral, because we don't have the opportunity to be heard by the
Zoning Board.
Mr. Maxwell: Put the date on the record.
Vice Mayor Gort: OK.
Commissioner Plummer: You want to be heard... I didn't understand that.
Mr. Carnisella: We were deferred in the front of the Zoning Board. For this reason, we need to
ask a deferral to the Commission.
Ms. Christina Cuervo (Assistant City Manager): You'd like to request a continuance to a date
certain.
Mr. Carnisella: Right, a continuance.
Ms. Cuervo: To the June 27th meeting.
Mr. Carnisella: Right, to the June 27th.
Commissioner Dawkins: What number is that?
Commissioner Plummer: He's not on...
Ms. Armbrister: Eleven. That's the one I'm interested in.
Mr. Odio: There are some old ladies here that have been here for a long time.
Vice Mayor Gort: I know. That's what we're doing now.
282 May 23, 1996
Commissioner Dawkins: Eleven. j
I
Commissioner Plummer: So what do we do with this one?
Ms. Cuervo: We're going to continue PZ-7 and PZ-8 to June 27th.
Vice Mayor Gort: Seven and 8.
Commissioner Plummer: OK.
Commissioner Dawkins: Are we... What are we doing with 11?
Commissioner Plummer: We'll hear it.
Ms. Armbrister: That's what I'm trying to find out right now.
Commissioner Plummer: If we get to it.
Commissioner Dawkins: That's what I'm trying... Hmm? What now?
Commissioner Plummer: We'll hear it if we get to it. Nobody's asked for a deferral.
Commissioner Dawkins: Mrs. Armbrister is standing up there saying something.
Vice Mayor Gort: He's asking... Excuse me. He's asking... You're item 11, that's my
understanding. He's asking for a continuance.
Mr. CarniselIa: Correct.
Commissioner Dawkins: And you want it continued?
Ms. Armbrister: Yes, because...
Commissioner Dawkins: OK.
Vice Mayor Gort: OK.
Commissioner Dawkins: So be it.
Vice Mayor Gort: Do I have a motion to continue item 11?
Commissioner Dawkins: Second.
Commissioner Plummer: Who's the applicant?
Ms. Armbrister: All right. Thank you.
Mr. Carnisella: Thank you.
Ms. Armbrister: Good night.
Vice Mayor Gort: OK. It's been moved, second. All in favor state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: OK. One other item.
Commissioner Plummer: Wait a minute. It's got to be to a date certain.
Vice Mayor Gort: A date certain, June 22nd.
Commissioner Plummer: No, no, June 27th.
Vice Mayor Gort: June 27th, OK.
Commissioner Dawkins: The 27th, yeah.
Vice Mayor Gort: June 27th.
Commissioner Dawkins: June 27th.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DAWKINS, ITEM PZ-7, PZ-8 AND PZ-11
WERE CONTINUED TO THE CITY COMMISSION MEETING
OF JUNE 27, 1996 BY THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
78. DISCUSS AND CONTINUE (TO JUNE 27TH MEETING, FIRST ITEM)
PROPOSED APPEAL OF DENIAL OF VARIANCES AT 2900 S.W. 4
AVENUE TO PERMIT ADDITION OF GARAGE AND PORTE-COCHERE.
[APPLICANT: LAZARO & MARIA ALBO]
Vice Mayor Gort: Next.
Mr. Lazaro Albo: I want... My name is Lazaro Albo. I want a deferral.
Commissioner Dawkins: Commissioner Plummer was trying to defer some items.
Vice Mayor Gort: What's your item?
Commissioner Plummer: His item is... Where?
Ms. Christina Cuervo (Assistant City Manager): PZ-4.
Commissioner Plummer: PZ-4.
284 May 23, 1996
Mr. Albo: PZ-4.
Commissioner Plummer: OK.
Vice Mayor Gort: OK. We got a motion for a continuance.
Commissioner Plummer: So be it.
Commissioner Dawkins: Continue?
Mr. Albo: Yeah, yeah.
Vice Mayor Gort: Date certain of the 27th.
Commissioner Plummer: June 27th.
Commissioner Dawkins: 27th of June.
Commissioner Plummer: And let's... because these people have been here a long time. Let's
make it the first item on the Zoning agenda on the 27th. That way, it can't be denied. OK?
Mr. Albo: All right. Thank you. Thank you, sir.
Commissioner Plummer: You want the last item on the 27th?
----------------------------------------------------------------------------------------------------------------
79. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED FIRST
READING ORDINANCE TO AMEND CODE CHAPTER 35 (MOTOR
VEHICLES AND TRAFFIC), ARTICLE VIII (COCONUT GROVE PARKING
IMPROVEMENTS TRUST FUND), BY INCREASING COCONUT GROVE
PARKING TRUST FUND BANK OF AVAILABLE PARKING SPACES TO
1170.
Mr. James McMaster: Excuse me, Commissioners.
Commissioner Plummer: Yes.
Mr. McMaster: Item number 21, which is a City of Miami Planning Department item, there are
quite a few people here on this item. Could we defer it? I don't know if you are going to want
to hear all we have to say in two hours or three hours, whenever it is. Item number 21.
Commissioner Plummer: Is that the one in reference to parking?
Mr. McMaster: That's parking, right.
Commissioner Plummer: All right. Let me ask a quick question on that one. That one has...
been by... a number of people say to be sent back to the Planning Board. OK? Is there any
problem, Jack?
Mr. Jack Luft (Director, CPR Dept.): Fine. Bring it back to the Board. Bring it back as an
emergency ordinance.
RR
May 23, 1996
Commissioner Plummer: All right. But for what number? For what number consideration?
{ Unidentified Speaker: For 85 more.
Commissioner Plummer: Huh?
i
Unidentified Speaker: For 85 more.
I
Commissioner Plummer: No, there's more than that.
Mr. Luft: Two hundred and fifty, I think it was.
Unidentified Speaker: Two hundred and fifty? OK.
Commissioner Plummer: Two hundred and fifty? All right, let's do it this way. Let's ask for
500, and they can always lower it down.
I
i
Mr. Luft: OK.
Commissioner Plummer: All right.
Mr. Luft: Bring it back as an emergency item, emergency ordinance?
Commissioner Plummer: That's fine. That's fine.
Mr. Luft: OK.
1 Vice Mayor Gort: OK. Anybody else? Yes, sir, Mr. Wilkins.
Mr. Joe Wilkins: Can I just get an acknowledgement of our folks that have been here since three
o'clock this afternoon? And I know we have a date and we're the first item. Is there any way
we can get a time certain set on this? Because we were told this meeting was starting at three
o'clock. We've been here since three o'clock.
Commissioner Plummer: You can't. You know, I would hate to lie to you that... when you
come here, we've already heard it and we've created a problem. All right, wait a minute. No,
we can make it at a time certain. How about six o'clock. A time certain, six o'clock?
Mr. Wilkins: Thank you very much.
Commissioner Plummer: I so move that this item be at a time certain...
Commissioner Carollo: We apologize. I've been seeing you here all day, and I really feel bad
for you.
Mr. Wilkins: Well, we were told that the Zoning meeting was starting at three.
Commissioner Carollo: Well, I didn't realize what you were here for but...
Commissioner Plummer: But you also know it might be six -fifteen, it might be six -twenty, but...
Mr. Wilkins: You can finish whatever you're doing at six o'clock...
286 May 23, 1996
Commissioner Plummer: Six o'clock, right.
Mr. Wilkins: ... and take us next.
Commissioner Plummer: Right.
Mr. Wilkins: OK?
Mr. Joel Maxwell (Deputy City Attorney): Commissioner, on that item 21, could...
Mr. Wilkins: And I'd also like to note, there was about 20 people here all during the course of
the day that came out. Thank you.
Vice Mayor Gort: We understand. Thank you.
Mr. Maxwell: You need to vote on a motion... Vote on a motion sending it back to the Planning
Board.
Vice Mayor Gort: Excuse me, excuse me.
Commissioner Plummer: June 27th.
Ms. Esther Mae Armbrister: I'm sorry. I made a mistake about 11.
Vice Mayor Gort: Excuse me, ma'am.
Ms. Armbrister: Oh, I'm sorry.
Vice Mayor Gort: Excuse me.
Mr. Maxwell: The motion was to send it back to the Planning Board with an increase to five
hundred. You need a second and a roll call on that.
Commissioner Plummer: Oh, OK.
Mr. Maxwell: And then come back...
Vice Mayor Gort: There's a motion. Is there a second?
Commissioner Plummer: I move it.
Commissioner Dawkins: What are we voting on?
Commissioner Carollo: What are we voting on?
Commissioner Plummer: On the parking on item 21, to increase the allocation from a thousand
spaces to 1500. It has to go back to the Zoning board.
Commissioner Dawkins: No, I don't care where it goes, I am not voting for it.
Commissioner Plummer: OK.
Commissioner Dawkins: Because I'm going to tell you...
K-1-YA
Mr. Maxwell: To the Planning Board, Planning Board.
Commissioner Dawkins: You started out... I told you at the very beginning that this was a
phantom garage, and phantom parking spaces. Now, you've got Clark Cook building a parking
garage for the benefit of the Mayfair, and it's not relieving the traffic on the other side at all. So
now if you guys want to put a parking garage down there at Grand and Douglas - not Douglas -
Grand and... What is that where you come around?
Commissioner Carollo: MacDonald, MacDonald.
Commissioner Dawkins: MacDonald.
Commissioner Plummer: MacDonald.
Commissioner Dawkins: If they're going to put one there, then I'm in favor of that. But if
you're going to tell me that you're going to put a garage behind the Mayfair Hotel and shops
that's going to benefit and alleviate parking on Old... whatever that is, no, no, no, you're not
doing that.
Commissioner Plummer: Commissioner, if I may.
Commissioner Dawkins: Yes, sir. You may.
Commissioner Plummer: That's going to happen.
Commissioner Dawkins: What's going to happen?
Commissioner Plummer: That's already in the works and they're contracting to buy the
property.
Commissioner Dawkins: "They" who?
Commissioner Plummer: "They," the Off -Street Parking Authority. Now...
Commissioner Dawkins: No, he has not contracted to buy it.
Commissioner Plummer: He is under...
Commissioner Dawkins: Oh, he's under discussion to buy it.
Commissioner Plummer: The second piece of property. I'm not going to go into that. The point
I'm trying to make to you, sir, that every one of the parking spaces that is allocated, if you go
from above a thousand is another forty dollars ($40) per month per parking space that goes into
that fund, which will, hopefully, expedite bringing more parking into the Grove.
Commissioner Dawkins: But you keep fooling the people by telling them you're adding forty
dollars ($40) more per parking space, and you're not building a parking space, J.L.
Vice Mayor Gort: Commissioner...
Commissioner Dawkins: If you... If I say to you that you can only build this 1,000, you'll take
the money that you've got and build these units. I mean, you guys are... It's a Richard
Copperfield thing. Now you see it, now you don't.
288 May 23, 1996
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Vice Mayor Gort: Commissioner, my understanding is what the...
Commissioner Dawkins: OK. I'll be voting against it. You all do what you want to today.
Vice Mayor Gort: What Plummer is suggesting today... We're not voting on the whole thing.
What Plummer is suggesting is...
Commissioner Plummer: Send it back.
Vice Mayor Gort: Come back... Send it back and come back to us with a number, and we can
vote on it.
Commissioner Dawkins: I've been here long enough to know that when you start jerking things
around like this, you already got it in the hopper, you got the votes for it, and when you send it
back so we can clean it up, and when we pass it, it won't look bad.
Commissioner Carollo: I make a motion to defer this item.
Vice Mayor Gort: That's what we're doing.
Commissioner Plummer: So be it.
Commissioner Carollo: Just defer it all together.
Vice Mayor Gort: OK. Okey-doke. All in favor...
Commissioner Carollo: The motion I heard before was a little different than that.
Commissioner Plummer: Fine,
Vice Mayor Gort: OK. Everyone in favor, state so by saying "aye."
The Commission Collectively: Aye.
Mr. Maxwell: And you're not sending it back to the Planning Advisory Board?
Commissioner Plummer: No. They're deferring it.
Commissioner Dawkins: No. Deferring it.
Unidentified Speaker: Until?
Commissioner Plummer: So that means that they'll lose another two thousand dollars ($2,000) a
month.
Unidentified Speaker: No, we're not.
Commissioner Dawkins: They will not lose anything because you're not building anything.
Commissioner Plummer: No, no, no. Excuse me. That's where you're wrong. They pay into
that fund whether this place is built or not.
Commissioner Dawkins: And that's taking dead advantage of them because we will never build
any place.
289 May 23, 199b
r
Commissioner Plummer: Oh, all right. Well, Clark Cook's going to have to come prove you to
the contrary. If he can't, then you got my vote with you.
I
Vice Mayor Gort: OK. That's it.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER CAROLLO AND SECONDED BY
COMMISSIONER PLUMMER, ITEM PZ-21 WAS
CONTINUED BY THE FOLLOWING VOTE: i
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
80. (Continued) BRIEF COMMENTS CONCERNING CONTINUANCE OF PZ-11 t
TO JUNE 27TH COMMISSION MEETING. (See label 77C)
Ms. Ester Mae A-nbrister: I'm sorry, Mr. Mayor.
Ms. Christina Cuervo (Assistant City Manager): Would you like us to continue this to June
27th?
Vice Mayor Gort: Yes, ma'am.
Ms. Armbrister: I made a mistake when I said number 11.
Commissioner Plummer: Yeah, that's what you said.
Ms. Armbrister: I know, but I was angry at the time because of what he's going to say, and I
knew what he was going to say, so I got mad and... You know.
Commissioner Plummer: Well, get unmad and tell us what you're looking at.
Ms. Armbrister: I'm not looking at... I'm rescinding Mariah Brown... Deferring.
Vice Mayor Gort: We already did that and the person left already.
Ms. Armbrister: Well, anyway...
Vice Mayor Gort: You're talking about item 11?
Ms. Armbrister: I meant item 11...
Vice Mayor Gort: It's been continued.
Ms. Armbrister: ... but I got hung up on him because of what he wants to do in Coconut Grove.
And he's not going to do it, but that's not on the agenda. But anyway...
Ms. Cuervo: You got the wrong item.
Ms. Armbrister: I got the wrong item. OK.
Vice Mayor Gort: I'm sorry. OK?
Ms. Armbrister: The person left.
Mr. Jack Luft (Director, CPR Dept.): The person left.
Ms. Cuervo: Item 7.
Ms. Armbrister: I meant item 7. But...
Vice Mayor Gort: OK. We don't know if we're going to be able to hear it. We got to hear this
one first. OK?
Mr. Luft: That person left.
Ms. Armbrister: Who left?
Mr. Luft: The person who was here for item 11.
Vice Mayor Gort: Right now, let's call item...
Commissioner Dawkins: What are we doing now?
Vice Mayor Gort: Now, we're calling the Carr Sound (sic), which is item 22, is my
understanding.
Commissioner Dawkins: Item 22, OK.
Vice Mayor Gort: Christina, Christina, item 22. That's the one we promised at six o'clock. Am
I correct?
Ms. Christina Cuervo: Yes, yes, sir.
Vice Mayor Gort: OK. Item 22.
Ms. Cuervo: He doesn't have... he doesn't... He won't put it on.
Mr. Luft: Commissioner, Commissioner, she said she's the only one here on item 11.
Vice Mayor Gort: On what?
Ms. Armbrister: Item 11.
Mr. Luft: Nobody left. She's the only one here on item 11.
Commissioner Carollo: Well, we're going to bring this back at the next Planning and Zoning
meeting, correct?
291 May 23, 1996
Vice Mayor Gort: The next one, the 27th.
Ms. Armbrister: Eleven?
Vice Mayor Gort: Yes. We're going to bring it back on the 27th.
Ms. Armbrister: All right. Thank you and good night.
Vice Mayor Gort: Thank you.
Commissioner Carollo: OK. We got a date. When is the meeting again?
i
Commissioner Dawkins: The 27th.
Ms. Cuervo: June the 27th.
Vice Mayor Gort: The 27th.
Commissioner Carollo: The 27th is the meeting?
Commissioner Dawkins: 27th.
Ms. Lucia Dougherty: The parking ordinance is also going to come back at the same meeting?
i
Commissioner Carollo: Yeah, yeah.
i
Vice Mayor Gort: On the 27th, correct.
` Ms. Dougherty: Thank you.
I Vice Mayor Gort: OK?
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81. DISCUSS AND CONTINUE TO JUNE 27TH MEETING:
(A) REQUEST FOR SPECIAL EXCEPTION TO ALLOW FINANCIAL
DRIVE -THROUGH FACILITY AT 2200 SOUTH DIXIE HIGHWAY.
APPLICANT: TRI-W INVESTMENT CO. OF DADE COUNTY
[(OWNER) / J.P. O'NEILL FOR BANK ATLANTIC.]
(B) REQUEST FOR SPECIAL EXCEPTION CONCERNING
REQUIREMENTS FOR RESERVOIR SPACES IN CONNECTION
WITH PROPOSED DRIVE -THROUGH FINANCIAL FACILITY, AT
2200 SOUTH DIXIE HIGHWAY. [APPLICANT: TRI-W
i INVESTMENT CO. OF DADE COUNTY (OWNER) / J.P. O'NEILL
j FOR BANK ATLANTIC.]
----------------------------------------------------------------------------------------------------------------
Ms. Charlotte Duvall: May I ask a question?
i
Vice Mayor Gort: Yes, ma'am.
Ms. Duvall: We've been here since three o'clock on items 1 and 2. Since this is going to take
quite a long time...
292 May 23, 1996
r
i
Vice Mayor Gort: Yes, ma'am.
Ms. Duvall: ... can you defer item 1 and 2 to another time and give us a time certain?
Commissioner Dawkins: Or else we'll take it up. What is 22?
Ms. Christina Cuervo: Items 1 and 2 are on 22nd Avenue.
Commissioner Dawkins: Well, that's Carrfour.
Vice Mayor Gort: South Dixie Highway.
Commissioner Dawkins: That's Carrfour. That's Carrfour, 22.
Vice Mayor Gort: No, no, no.
Ms. Cuervo: Items 1 and 2.
Vice Mayor Gort: That's the one on... the bank on Southwest... on Dixie Highway and 22nd
Avenue.
Commissioner Dawkins: PZ-22?
Vice Mayor Gort: No. PZ-1 and PZ-2.
Commissioner Dawkins: That's what you're on, PZ-1 and 2?
Ms. Duvall: Yes. We've been here since three o'clock on that one.
Commissioner Dawkins: OK. Well, let's... I mean... Well, let's take 1 and 2.
Vice Mayor Gort: We promised those people we were going to take them first, and this is going
to be a long discussion item, Commissioner. We made a commitment to these individuals that
they would be the number one item.
Ms. Duvall: Well, all I'm asking is you defer item 1 and 2 to another day so we can come back.
We've been here since three o'clock.
Vice Mayor Gort. OK. Continue...
Commissioner Dawkins: I so move.
Vice Mayor Gort: Continue to the 27th, June 27th. OK?
Ms. Lucia Dougherty: Mr. Vice Mayor...
Ms. Duvall: Could we have a time certain?
Vice Mayor Gort: OK. Discussion...
Commissioner Dawkins: Right behind the next... Right behind the... After the... We're going
to hear another one at six o'clock. You will be the first one after that one.
293 May 23, 1996
Ms. Duvall: The 27th?
Commissioner Dawkins: Yes, ma'am.
Vice Mayor Gort: OK. There'a a motion and there's a second.
Ms. Dougherty: Mr. Vice Mayor, we... There is an objection...
Mr. Stephen Helfman: Mr. Vice Mayor...
Vice Mayor Gort: Excuse me a minute. Excuse me. I'd like to run this meeting. There's a
motion and there's a second?
Commissioner Dawkins: Yeah, second.
Vice Mayor Gort: Under discussion. Yes, sir.
Mr. Helfman: Yes. 1 represent the applicant, and I'd like to be heard on this. Ms. Dougherty
also represents the property owner.
Vice Mayor Gort: Mm-hmm.
Mr. Helfman: This matter has been in the hearing process for months and months. We're
prepared to go forward this evening. We'd like to have the item heard and disposed of.
Commissioner Dawkins: What item?
Mr. Helfman: The item which there's a motion to defer on the floor.
Commissioner Dawkins: What is it, Steve?
Vice Mayor Gort: One and 2.
Mr. Helfman: One and 2.
Ms. Cuervo: PZ-1 and 2.
Vice Mayor Gort: One and 2.
Commissioner Dawkins: One and 2.
Mr. Helfman: One and 2.
Commissioner Dawkins: One and 2.
Mr. Helfman: Yeah.
Commissioner Dawkins: But... How many citizens are in here on 1 and 2? And how many of
you do not want to wait?
Commissioner Plummer: This guy has got palsy.
Commissioner Dawkins: OK. So...
294 May 23, 1996
i Mr. Helfman: They do not want to wait.
Vice Mayor Gort: No. OK. I have a motion to continue until the 27th. All in favor, state so by
saying "aye."
i
The Commission Collectively: Aye.
I
NOTE FOR THE RECORD; At this point, items PZ-1 and PZ-2
were continued to the Commission meeting of June 27, 1996.
i
1
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82. (A) AFFIRM ZONING BOARD'S DECISION WHICH DENIED
CARRFOUR'S MOTION TO DISMISS, BASED ON LACK OF
STANDING CONCERNING RIVERMONT HOUSE (789 N.W. 13
1 AVENUE). (See label 83).
(B) DIRECT ADMINISTRATION TO NOTIFY U.S. ATTORNEY
GENERAL JANET RENO OF IMPLIED THREATS FROM CERTAIN
PARTIES IMPEDING COMMISSION FROM MAKING FAIR
DECISION ON THIS ISSUE -- SEND COPY TO HUD SECRETARY
HENRY CISNEROS.
(C) CONTINUE CONSIDERATION OF BALANCE OF APPLICATION
ASSOCIATED WITH CARRFOUR CORP.'S APPEAL
CONCERNING RIVERMONT HOUSE, A SPECIAL, HOUSING
PROJECT, TO JUNE 27TH MEETING -- DIRECT CITY ATTORNEY
TO REVIEW RECENT CASE LAW REGARDING SAID ISSUE.
(D) CONTINUE TO JUNE 27TH MEETING ALL OTHER PLANNING &
ZONING ITEMS (EXCEPT PZ-3).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Please, item 22.
Commissioner Plummer: You know, what are you going to do? What item are we on?
f Commissioner Carollo: This is on 22nd Avenue and U.S. 1, right?
Vice Mayor Gort: No, that's 1 and 2.
Commissioner Plummer: No, that's deferred.
Commissioner Carollo: Huh?
i
Commissioner Dawkins: That was deferred.
Commissioner Plummer: That was just deferred.
I Vice Mayor Gort: We're listening to item 22 now.
f
I Commissioner Carollo: OK.
295 May 23, 1996
Ms. Christina Cuervo (Assistant City Manager): Commissioners, on item PZ-22, this is... There
are three appeals before you, and what I think would be the best to do is to first give you a brief
history of how we got to where we are, and then, first, we'll hear the appeal of the Zoning
Board's denial of the motion to dismiss. And there's two other appeals after that.
Commissioner Dawkins: OK. Before you do that, Mr. City Attorney, what words of wisdom do
you have to give me before I hear this?
Mr. Joel Maxwell (Deputy City Attorney): Well, as Ms. Cuervo just pointed out, there are three
appeals before you. I would suggest very strongly that you allow the Planning Department to
make a record in this particular case and give its position, as well as the appellants in this case.
You should be aware that the first item you have before you, the motion to dismiss for failure -
lack of standing, rather - is really... could be dispositive of this issue and negate the need to
proceed further. If, in fact, the appeal was improperly filed in the first place, it would then have
been improperly before the Zoning Board, and the Zoning Board shouldn't have acted on it. The
record is clear that the City Attorney's Office had advised the Planning Department and the
Zoning Board that the parties filing the appeal at that time did not have standing. They indicated
at that time that the appeal was being filed on behalf of the residents of the City of Miami. In
order for an appeal to be properly filed and for a person to have standing, they must show that
they have a special injury. That's what our Code requires. That's what law requires. In this
particular case, filing an appeal, as unfortunate as it may be, and stating that you are filing it on
behalf of the residents of the City of Miami, does not confer any special injury upon you, and
does not show that you have that injury. Therefore, the Zoning Board should have granted
Carrfour's request to dismiss this appeal. They have renewed that motion, before you now, and I
am again advising you, the City Commission, that it is the City Attorney's Office's opinion,
again, that the appellants below - the residents - did not file a proper appeal, and they did not
have standing to appeal. Therefore, you should grant Carrfour's motion to dismiss. If you agree
with our position on this, there would be no need for you to go to the further appeals that are
before you now.
Commissioner Dawkins: Thank you.
Ms. Cuervo: Would you like the Department to proceed on the history or...
Mr. Maxwell: Yes.
Ms. Teresita Gyori: May I add to that, please?
Vice Mayor Gort: Excuse me. We'll give you a chance. Let the Department do all their
presentation. I suggest you take notes and you come back. Go on.
Mr. Jack Luft (Director, Community Planning and Revitalization): OK. Carrfour Corporation
submitted to the Building Department a set of building plans for an apartment building to be
built on... I forget the address.
Ms. Cuervo: 789 Northwest 13th Avenue.
Mr. Luft: 13th Avenue. The Zoning Administrator, in consideration of those plans, and based
on the information that was available at that time, ruled that because of additional services that
were being provided as a part of this apartment project, that it was not, in fact, simply an
apartment project. However, it could not, in the opinion of the Zoning Administrator, be termed
a community based residential facility, either, because it didn't... It was not subject to State
review. It did not function as a single housekeeping unit. These were, in fact, separate
apartments. Hence, the Zoning Administrator had no category in which to place this particular
296 May 23, 1996
project application. That initiated a request for a determination of use to the Planning Director.
Over my signature, the Department issued a determination that this particular type of project,
since it could not be called an apartment or a CBRF (community based residential facility),
based on the information available, would be a new category of residential use called special
housing. "Special housing" - and I'm reading from the determination - "shall be defined as a
multifamily dwelling, the residents of which receive informational support to facilitate access to
special services. Said facility does not include 24-11our supervision, and said resident services
are to be coordinated from an off -site location,. On -site offices, meeting rooms for the providers
of said services shall not be permitted within such a facility." Now, the terms that were applied
to that particular category of special housing specifically stated that this type of special housing
would not require either a conditional use approval before this Commission or a special
exception. The only limitation on this housing would be a distance requirement of 2500 feet
from the next special housing facility that would fall within that categorical definition. The
reason for the 2500 foot distance requirement was to allow special housing for people of the
category that would be housed here to be disbursed throughout the community, and not
concentrated, for the benefit of the people in the apartment project. This is to avoid the
"ghettoization", the concentration of these types of projects, which can occur, which would
stigmatize these residents. We are looking to provide housing for people to be integrated into
the mainstream of this community. And you cannot do that if you concentrate them and
stigmatize them. This was for the benefit of the residents. So all future projects of this type
would have to observe the 2500-foot rule. However, we would allow a variance procedure, if it
could be demonstrated that because of geographical characteristics, there was a natural barrier,
such as a river, expressways, that it was not effectively a concentration, and they may bridge the
2500-foot requirement. Now, it's important for the to point out to you why we specifically did
not require a special exception or a conditional use hearing. When you consider housing of this
type, special housing, and the types of people that live here... In this case, Carrfour is proposing
housing for people that are formerly homeless, that are referred to from the Homeless Assistance
Program. These people may have a number of characteristics individually, but no one
characteristic of these people stands out in common, except for the fact that at one time, they
were homeless. They may or may not have had a substance abuse problem. They may or may
not have had other physical or mental limitations. The important point is, is that these people, or
any resident of a special housing of this type, was deemed, after screening and evaluation, to be
capable of independent living, without a threat to the community. These people would require
some monitoring and some supervision, but no control, because they had passed through this
program, had been evaluated, and deemed capable of that independent life style. Hence, they
were considered effectively no different than members of anyone else in the community. Now,
recognizing that these people did have a history of some limitations, it's defined in the Fair
Housing Code, as effectively, a handicap. I want to read for you from the Fair Housing Act of
1988: "A handicap is defined as a physical or mental impairment which substantially limits one
or more of a person's major life activities, or a record of having such an impairment." It does
not include current illegal drug use, or current addiction to controled substances, but these are
people who have been deemed free from that addiction, and who are not drug users. Hence, they
fall under what is called a protected category of resident under the Federal Fair Housing Act.
They are protected as a disabled group of people, and hence, no community may make laws or
requirements that abridge that right to fair housing. And specifically, when we talk about what
would be a limitation on that right, the Act says that the Fair Housing Act is intended to prohibit
the application by a community through its zoning codes of special requirements through land
use regulations, restrictive covenants, and any conditional or special use permits that have the
effect of limiting the ability of such individuals to live in a residence of their choice in this
community. That means that you may not impose a special burden of public hearings or hurdles,
or a political process such as a special exception or a conditional use. That would be viewed by
the Fair Housing Act and the courts as a barrier to these handicapped individuals' right to fair
housing. The courts have ruled that distance requirements may be imposed, provided that those
distance requirements have the ability for achieving some relief through a variance procedure. It
297 May 23, 1996
cannot be an absolute requirement from which no relief can be sought. Hence, we do allow a
variance on the distance requirement. That would have to come to the Commission. The key
here is that we must make reasonable accommodation of these people's or any people in this
type of assisted housing need for fair housing. We cannot create impediments. That point was
reinforced to me in a phone conversation with the United States Department of Justice from
Washington, D.C., and from the Department of Housing and Urban Development from the
Atlanta Regional Office, wherein those individuals stressed that in their opinion, this application
was for housing that fit the category of handicapped individuals, and would fall under the Fair
' Housing Act, and we would be precluded, in their opinion, from imposing these kinds of barriers
that were sought at one time to put these people through these procedures. By adoption of this
special housing category, you will have created a mechanism for this City to approve or allow
this housing to occur with distance requirements that are, in our opinion, reasonable. If you fail
to adopt this special housing category, then we revert back to either an apartment building,
which has no review rights, and no distance requirements at all, or another category of housing,
which this particular project does not fit. Therefore, it would be likely that with a new
application and revised information available to the Zoning Administrator, the finding would be
that this would be simply an apartment building as of right, and the City would be precluded
from exercising any special category of housing for future projects, hence any other future
distance requirements. So our recommendation, to provide the greatest control or ability to
review these types of projects for the benefit of the residents in this community is to adopt this
category and to deny this appeal.
i Commissioner Plummer: Joel, Mr. City Attorney, you wanted to say something on the record?
j Mr. Maxwell: After the other side finishes.
Commissioner Plummer: Oh, I'm sorry.
Vice Mayor Gort: Is that it?
Mr. Luft: Yes, sir.
4 Commissioner Plummer: Let me ask a simple question. This was simply a zoning of R-3 or R-
4?
i
j Mr. Luft: Yes. There's no zoning change here.
{
{{ Commissioner Plummer: OK. But what was it zoned?
4
Mr. Luft: R-4.
Commissioner Plummer: R-4, OK. Now, as such, that is an apartment house, period, amen.
Mr. Luft: That's all it is.
Commissioner Plummer: OK.
Mr. Luft: With some special services.
Commissioner Plummer: Now, if we do nothing today, it stays that way. Is that correct?
Mr. Luft: That's right. That's correct.
Commissioner Plummer: What do we lose by doing that?
i
298
May 23, 1996
Mr. Luft: By leaving it? By denying this, creation of this?
I
I
Commissioner Plummer: No, no, no. If we just leave it as an R-4 apartment, what do we lose?
Mr. Luft: Nothing.
Commissioner Plummer: What do we gain?
Mr. Luft: What's before you is not a requested change of zoning. There's no requested change
in the R-4. This doesn't change R-4. This simply adds a definition to the overall Ordinance
11000 of a category of housing. That's all it does, adds a definition.
Commissioner Plummer: And if we don't make any changes in that category...
Mr. Luft: If you do not add this category, then this project would come back with, presumably,
additional information supplied to the Zoning Administrator, and would again, as they originally
did, appeal for a building permit to be issued for simply an apartment building.
Commissioner Plummer: Thank you.
Mr. Luft: Which, under our Code - and I can ask the Zoning Administrator to confirm this - we
do not have the right to deny a project that meets all Zoning requirements, that fits the definition.
We do not have the right to deny them a building permit.
Commissioner Plummer: Yeah, but the only thing they could operate there would be an
apartment.
Vice Mayor Gort: Yes, ma'am.
Ms. Gyori: OK. Could we start our presentation in reference to this matter, or do I rebuttal what
Mr. Luft just said?
Mr. Walter Foeman (City Clerk): She needs to be sworn in.
Mr. Maxwell: No. They're not the appellant, that's correct. You have two appellants at this
hearing. The City of Miami is an appellant, and Carrfour is an appellant. These individuals will
only speak during the public hearing phase, if you get to that phase.
Ms. Gyori: We want to give you the truth and the facts in reference to this matter. That's why
we've always been...
Vice Mayor Gort: Well, my understanding is, there's a certain procedure we have to follow. I
think our Attorney tells us we have to hear from the appellant, and then we'll hear from you.
Ms. Gyori: OK.
Vice Mayor Gort: OK?
Ms. Gyori: Thank you.
Ms. Cuervo: And the first...
Vice Mayor Gort: I'm sorry, what did you say?
299 May 23, 1996
F
Ms. Cuervo: The first appeal you're going to hear is by Carrfour, and it's the appeal of the
denial by the Zoning Board on their motion to dismiss. Carrfour filed two separate appeals. One
was a motion to dismiss, because they said the appellant that went in front of the Zoning Board
didn't have standing. And the other appeal was on the determination of use.
Vice Mayor Gort: OK.
Mr. Ronald Shapo: For the record, Ronald Shapo, 200 South Biscayne Boulevard, counsel for
Carrfour Corporation. Addressing the first issue, which is the procedural issue of the failure of
standing by the appellant before the Zoning Board, and therefore, the incorrectness of the
decision of the Zoning Board, and the failure of standing before you...
Mr. Maxwell: Excuse me, Mr. Shapo.
Mr. Shapo: Yes.
Mr. Maxwell: Mr. Vice Mayor, could you swear in everybody?
Vice Mayor Gort: OK. That's right. Mr. City Clerk...
Mr. Maxwell: Or have them sworn in, please.
Vice Mayor Gort: Anybody that's going to speak in this item, they need to stand up and be
sworn in. Raise your right hand to be sworn in.
Commissioner Plummer: Hold it, hold it. The attorney is not being sworn in.
Mr. Shapo: I'm not going to testify.
Commissioner Plummer: More so, we want the attorneys.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Plummer: Proceed.
Mr. Shapo: As a matter of procedure, and as staff advised you, we should not be here. The
appeals originally filed against the determination of use were not properly filed, in accordance
with the mandatory requirements of your Code. Specifically, the appeals were by, quote, "the
residents of the City of Miami," stop quote, and by the Grove Park Homeowners' Association,
Inc. Neither of these met the minimum requirements of your Code. Therefore, they weren't
properly before the ZAB (Zoning Appeals Board), and the matter should not properly be before
you. With regard to this issue, the City Attorney provided you with a memorandum on February
28th, which was alluded to by Mr. Maxwell earlier, in which it was noted, first, that no fee was
paid in advance, as absolutely required by the Code. The memo also stated, and I quote, "The
requirements of Zoning Ordinance 11000 have not been met by Grove Park," and that actually
did not go forward at the Zoning Board, because it was a dissolved corporation, could not be any
person, much less an aggrieved person, and hadn't been in existence for more than ten years
before the filing. The other appellant was the, quote, "residents of the City of Miami," stop
quote. And the City Attorney's memo said, with regard to that appeal, that, quote, "It does not
constitute the aggrieved person necessary to file an appeal, pursuant to our Zoning Ordinance." I
know this is not a simple thing for policymakers, but part of your policy is to uphold your own
300 May 23, 1996
Code and the requirements therein. And in this situation, I'm going to be extremely brief on this
issue, because it's only common sense. It's common sense, as was found by the Zoning Board,
that a non-existent corporation can't be a person. But it's equally common sense that a vague
and ambiguous reference to, quote, "the citizens" or "the residents of the City of Miami" cannot
be a specific person, cannot be an aggrieved person, cannot be a person with a special injury. If
they could, then what I suggest to you is - and occasionally, this comment is made on other
issues - throw out all your rules. There's no sense having rules. All of your agendas and all of
your work load is probably going to be tripled. And for the enormous amount that you get paid,
now you can do triple the work, because every decision by your staff, every decision by your
Zoning Board will be subject to an appeal that will be set down by unnamed, quote, "residents,"
stop quote, who might or might not pay their fees. I said I'd be very brief. I meant it, because I
think it is really that simple. I would introduce to you, to the extent you don't have it, a copy of
your City Attorney's memo of February 28th.
Mr. Maxwell: It's in the packet, Mr. Shapo, yes. You can still submit it to the Clerk, the copy.
Ms. Cuervo: Yeah. It's page 247 in your package.
Mr. Maxwell: You should dispose of that particular motion first, Mr. Vice Mayor. If that
motion, again, as I pointed out before, if you agree with...
Vice Mayor Gort: OK. My understanding is that the statement was that the appeal was not
presented properly, and I'd like to hear from the person that appealed that. All right?
Ms. Theodora Long: Well, I am the person who filed the appeal.
Vice Mayor Gort: OK.
Ms. Long: Do I have a right to speak, or no?
Vice Mayor Gort: Yes. That's what we're going to do now.
Ms. Long: Oh. OK. My name is Theodora Long. I live at 901 Northwest 14th Court. When
the determination of use was made public, the residents of Grove Park, the residents of Robert
King High, the residents of Haley Sofge, and the next door neighbor neighbors of the Carrfour
facility decided that they were going to file an appeal. I went down to Teresita's office with a
letter to... The first thing I did was send a letter to Cesar Odio saying we would like to file an
appeal. He said, fine, and just take it down to Teresita's office. I went in person, and Teresita
said, "We cannot accept your appeal unless you have four hundred dollars ($400)." I said to
Teresita, "We don't have four hundred dollars ($400). The 1100 people who are basically
appealing this are poor elderly people living in a HUD facility. There's no way we can come up
with four hundred dollars ($400). Who can waive the fee?" She said, "Cesar Odio." I said,
"Would you mind getting him on the phone?" We called him up, we got him on the phone. He
said, "No problem, the fee is waived," because we had met with him several times, and he was
familiar with the situation. OK. So we leave Teresita's office, and Cesar Odio is now going to
fax a note to Teresita saying... verifying that the money is waived. We go back home. And
Teresita also tells us that we need to write down... The paper that I had in my hand was the letter
to Cesar Odio. It wasn't in complete detail of why we were appealing. So we all went back to
the drawing board, and we wrote up a one -page document that was our appeal. And the reason
that the first sentence says "the residents of the City of Miami" was that we put all of ourselves
together, rather than the Grove Park Homeowners file the appeal, the Robert King High file the
appeal, Haley Sofge and the other neighbors who live next door, who really don't have a group
to call themselves. So we did that and made... called it the residents of the City of Miami just for
a lack of... what else will we call ourselves? I then typed it up, and we brought it back down to
301 May 23, 1996
Teresita's office. I arrived at Teresita's office. The fee was waived. She met me there. We... I
then said to her, "I want to have it stamped." I said, "What else do I need to do?" She said,
"Nothing." So we left the appeal there. Two days before it was to come up before the Zoning
hearing... I mean, a month's time had gone by, or six weeks, by the time we filed the appeal and
then got heard before the Zoning Board. Teresita calls me and she says, "You need to come
down here with four hundred dollars ($400). The attorney has decided that the City Manager has
no right to waive the fee." And this was two days or a day before it was going to be heard. I
then took the money from my own pocket, because we wanted the appeal to be heard. So we
went down and we gave the four hundred dollars ($400). So by saying that our appeal doesn't
count... We were... We have no counsel. We're the elderly people, a few residents. We don't
have Bob Traurig and big fancy lawyers. We're just simple residents, and we did not know the
rules. Now, we went in person to Teresita's office twice, and I think that the City should have
told us, This is how you file an appeal. It needs to say this, this, this, and you cannot have
Cesar Odio waive the fee. So I think that the City did not tell us the right procedure. And we
were there in person. There wasn't a language barrier. I mean, I was the one that was there. So
for them to say our appeal doesn't count, I feel that the City needs to... Somehow, maybe, we
did break the rules, and I'm not one on breaking rules. I feel that this is why this particular item
has gotten this far, is because the City has, you know, gone in all different directions in
following rules. But I feel that you should at least hear the residents who this facility is going
to...
Vice Mayor Gort: Affect.
Ms. Long: ... affect, right. So I... You know, the decision is up to you, but I just wanted to let
you know the story behind it, so that you just think, well, you know, we didn't know what we
were doing. Thank you.
Ms. Cuervo: Commissioners, can I just...
Vice Mayor Gort: OK. Do you want to add anything else?
Ms. Gyori: Yes. In reference to the two days before they had actually called for you, I had
called Miriam Maer, and I said, "Can you please explain to me what is going on? We are... We
have no idea in reference to these four hundred dollars ($400). That is a major issue right now."
And I said, "What am I going to do? Get a can and collect this"...
Vice Mayor Gort: I'm sorry. State your name and address for the record.
Ms. Gyori: Teresita Gyori, 1718 Southwest 17th Avenue. And it turns out that after we went
ahead and we said, "Well, we're going to have to get the four hundred dollars ($400) to get this
legal," I said to Ms. Maer, "Can you please tell me what other things?" She says, "Well, I don't
work for you. I am the one that is... I report to my Commissioners." And I said, "Two days
before, on a Friday, it's very difficult to get any Commissioner on the phone. It's an emergency,
specially if it would affect the Jennings law." And I thought it was very unjust, in reference to
that matter. I said to Ms. Maer, "Can you please"... She said, "Uuh" like she didn't want
anything to do with us. And I felt very hurt. And that's why, on the day that we went to the
Zoning hearing, I was shocked. They said, "We do not want to hear you speak." And I said,
"But we're the residents. We're taxpayers, you know. We've been working on this for one
year." Said, "Well, we... you really don't have a choice. Mr. Shapo has said that you cannot
speak." I felt... I mean, our rights... We have the amendments, the freedom of speech. I mean,
how dare somebody tell us... because we've been involved, we know the facts, we know the
truth, we have the paperwork. We do not have gossip. We have facts, documentation, that it
will not... they will prevent us to speak. I think that's ridiculous. But, you know, again, you are
the decision makers.
302 May 23, 1996
r
Vice Mayor Gort: OK. Yes, sir.
Mr. Manuel Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. I am speaking as a
citizen of Miami. And on the issue of the appellant, I want to state for the record that I am not a
lawyer, and I speak as a private citizen. But I understand the American way, the common law of
equity. And a big... a famous statesman once said that there is a big difference between legality
and justice. And what we have to do here, and I urge these Commissioners, is an issue of four
hundred dollars ($400). When so many citizens in those buildings are going to be affected, it's a
matter of balance. Can you balance 2,000 residents with four hundred dollars ($400)? Is that
what they are worth? Come on. I strongly urge you to do justice. Thank you.
Vice Mayor Gort: Thank you.
(APPLAUSE)
Vice Mayor Gort: Yes.
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT,
ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING
TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE
MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY
CHRISTINA CUERVO, ASSISTANT CITY MANAGER.]
Mr. Juan de la Gandara Guerra: MI NOMBRE ES JUAN DE LA GANDARA GUERRA.
Vice Mayor Gort: Let me get somebody to translate for you. Christina.
Ms. Cuervo: SIGUE, SENOR. YO LE VOY A TRANSLADAR. OK.
Vice Mayor Gort: TRADUCIR.
Mr. de la Gandara Guerra: OK. Thank you very much. SEGURAMENTE QUE ENTRE
TODOS NOSOTROS LEEMOS LOS PERIODICOS DIARIAMENTE. Y LE PREGUNTO A
LOS QUE SE OPONEN A QUE PONGAN PARA LOS INFELIZ...
Commissioner Plummer: TRANQUILO, TRANQUILO.
Ms. Cuervo: SENOR ESPERA UN MOMENTICO. VOY A TRADUCIR LO QUE USTED
ESTA DICIENDO.
Mr. de la Gandara Guerra: AH SI.
Ms. Cuervo: POR QUE NO EMPIEZA NUEVO, POR FAVOR?
Mr. de la Gandara Guerra: BIEN. SEGURAMENTE NOSOTROS LEEMOS PERIODICOS,
LA MAYORIA, TODOS LOS DIAS. Y YO PREGUNTO, CUANTO HOMELESS SE VEN
EN EL PERIODICO COMETIENDO DELITOS? SIN EMBARGO VEMOS QUE CASI
TODOS LOS DELITOS SON PREMEDITADOS, SON EN GRANDES CARROS.
Ms. Cuervo: ESPERA MOMENTICO. PERDON, SENOR. ESPERA MOMENTICO.
303
May 23, 1996
Mr. de la Gandara Guerra: EL TEMA NO ES DE LA RESIDENCIA QUE QUIEREN PONER
FRENTE AL DE LA CATORCE, DE LA TRECE Y LA SIETE DE
NORTHWEST. ES EL... '
f:
Ms. Cuervo: SIGUE, SENOR.
Mr. de la Gandara Guerra: PUEDO SEGUIR, ENTONCE.
Ms. Cuervo: SI.
Mr. de la Gandara Guerra: BIEN. ES LA...
TRANSLATION: Surely we read the newspaper every day. And I ask myself, how many
young people... Nevertheless, we see how all the crimes are committed. The home that they
would like to put in front of 13th Street in the Northwest...
Vice Mayor Gort: Excuse me a minute. I want you to understand that we are now talking about
the appeal. He'll get a chance to address it later on, if we vote for it. Why don't you explain that
to him.
Ms. Cuervo: Let me...
i
Mr. de la Gandara Guerra: All right. ENTONCES, CUANDO TOQUE LO DE ROBERT KING t
HIGH, YO VOY A SER USO DE PALABRAS. GRACIAS.
Vice Mayor Gort: OK. Thank you. OK. Anyone else on the appeal?
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT,
ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING
TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE
MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY
CHRISTINA CUERVO, ASSISTANT CITY MANAGER.]
i Ms. Alicia Diaz: BUENAS NOCHES. MI NOMBRE ES ALICIA DIAZ. VIVO EN 800
NORTHWEST 13 AVENIDA, APARTAMENTO 303, MIAMI, FLORIDA 33125. EL
MOTIVO DE ESTAR AQUI CON... ESTA NOCHE ES PORQUE COMO SOY RESIDENTE
PRECISAMENTE DE EL EDIFICIO DE HAILEY SOFFEE, LOS EDIFICIOS 750 Y 800,
HAY MISMO ESTA INSTALADO EL EDIFICIO DE ROBERT KING HIGH Y DE MARTIN
FINE. ENTRE TODOS LOS EDIFICIOS, PRACTICAMENTE SOMOS MIL ANCIANOS
NOSOTROS NOS CONSIDERAMOS DESDE HACE DOS ANDS...
TRANSLATION: Good evening. My name is Alicia Diaz. I live at 800 Northwest 13th
Avenue, Apartment 313, Miami, Florida. The motive that I am here before you tonight, I am a
resident of the building, Haley Sofge. We reside at the Robert King High Building, and the
majority of the people there are elderly people.
Vice Mayor Gort: Why don't you explain again that we are addressing the appeal first.
Ms. Cuervo: SENORA...
Ms. Diaz: OK? Thank you.
Ms. Gyori: OK. She'll resume after we decide on reference to that appeal. OK.
304 May 23, 1996
Ms. Cuervo: SENORA, USTED VA A TENER UNA OPORTUNIDAD DE HABLAR
DESPUES, CUANDO SE HAGA EL PUBLIC HEARING.
Ms. Diaz: OK. Thank you.
Vice Mayor Gort: Why don't you explain to them in Spanish while we're listening at this time,
that the appellant has stated that the appeal that was made by them was incorrect, and we're to
make the decision if the appeal was correct or incorrect.
Mr. Maxwell: That's right. You have a legal question before you that must be determined.
There's a... That legal question must be resolved first before you...
Vice Mayor Gort: The legal question should be resolved first.
Ms. Cuervo: SENORES Y SENORAS, LOS COMISIONADOS QUIEREN QUE USTEDES
SEPAN QUE ESTAMOS OYENDO HOY PRIMERO UNA APELACION SOBRE LA
VALIDAD DE... LA VALIDES - GRACIAS - LA VALIDES DE LA APELACION DE
GROVE PARK HOMEOWNERS, Y HABIA UNA MOCION DEL ZONING BOARD PARA
QUITAR LA APELACION INICIAL Y LA DETERMINACION DE USO DE SPECIAL
HOUSING. NOSOTROS VAMOS A OIR ESE CASO PRIMERO HOY, AHORA, Y
ENTONCES, DESPUES, VAN A TENER UNA OPORTUNIDAD PARA PRESENTAR SU
CASO A LA COMISION. PERO PRIMERO, QUIEREN OIR LA PARTE LEGAL.
Vice Mayor Gort: OK. What's the wishes of this Board?
Mr. Shapo: May I briefly respond, Mr. Vice Mayor, since comments were made?
Vice Mayor Gort: Yes.
Mr. Shapo: In very brief fashion. Number one, the comment was made, you made, "We broke
the rules and the City should have told us." I think one fact that you should know is that the
appeal was submitted on the last day, so it... Aside from the fact that, obviously, governments
can't be in a position where they will be responsible if they don't tell people that they don't
follow the rules, which is, obviously, again, the common sense approach. You know, even on
the equities, that means something. As far as the comment that... about the Jennings decision,
it's a good example, in the sense that that's the law. There's an awful lot of lawyers that have to
follow that law. The citizens have to follow that law. We may or may not like it, but it is the
law. There were bids and proposals that have been submitted to you one minute, or five minutes,
or ten minutes late, and you've thrown them out. There was one at the School Board last week
involving between fifty and a hundred million dollars ($50,000,000 and $100,000,000), five
minutes late, rejected. It seems unfair, it seems like it hurts people, but that's the rule. That's
the law. If you want to talk about the American way, the American way is certainly that we
follow the law. And as to the residents in the City of Miami being all these people that were just
named, I'm a resident in the City of Miami. I'm a resident in the City of Miami that's put a lot
of time into this matter in the last year and a half, knowing nothing about it before I got
involved, and I have now become a passionate believer that what is going on there is proper and
appropriate, and would be dealt with if we got into the merits. But the point is that for purposes
of this issue, that the residents of the City of Miami, there are thousands of residents out there
that think this is the right thing to do. And I'm sure there are 1100 or maybe 700 or 800 out of
the 1100 who think it's not the right thing to do. But the point is that the residents,
quote/unquote, "the residents of the City of Miami" is not an aggrieved person. The City
Attorney has told you that, common sense tells you that. It may hurt, but in order to do what's
right, you need to grant that dismissal.
305 May 23, 1996
i 04
Vice Mayor Gort: OK. That was the rebuttal.
Ms. Long: Sir, it does...
Vice Mayor Gort: Excuse me. Excuse me.
Ms. Long: It doesn't say "all the residents."
Vice Mayor Gort: Excuse me.
Ms. Long: "Residents," that's the difference.
Vice Mayor Gort: We've heard both sides. Yes.
Ms. Cuervo: Commissioner, I'd just like to clarify something that was stated before. First, I'd
like to state that the four hundred dollars ($400) was paid. So therefore, the City Attorney did
provide that it be paid prior to the commencement of the appeal on March 4th. That is in the
memo, and it was finally paid. The basis of the City Attorney's opinion is not based on whether
there was a waiver of fees. So I wanted to clarify that. And furthermore, I did want to clarify
that Theodora Long did meet with the CPR (Community Planning and Revitalization) staff and it
was explained to her what the process was. So, you know, she did make that statement before. I
just wanted it to be clear.
Commissioner Dawkins: What I'd like to know is, you said something about not being their
responsibility. But if a citizen goes to an official of the City of Miami, like the City Manager,
and the City Manager gives them his word, then these citizens have no recourse but to believe
him.
Mr. Shapo: My understanding...
Commissioner Dawkins: So if you... But so if you're going... In my opinion, if you're going to
lay blame, common sense tells me the blame would be laid on the City Manager.
Mr. Shapo: Except, Commissioner, my understanding is that what was said is that the City
Manager inadvertently or incorrectly advised them they didn't have to pay the four hundred
dollars ($400), and the four hundred dollars ($400), as the Assistant City Manager just told you,
is not the issue before you today.
Commissioner Dawkins: Well, but you keep...
Mr. Shapo: They're not saying the City Manager...
Commissioner Dawkins: You keep bringing it up.
Mr. Shapo: No, I didn't bring it up.
Commissioner Dawkins: Yes, you did.
Ms. Long: Yes, you did.
Mr. Shapo: Not in my rebuttal. I didn't say a word...
Commissioner Dawkins: You keep bringing it up.
cm
May 23, 1996
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Mr. Shapo: No.
Commissioner Dawkins: So if it's unimportant, I mean, let's don't bring it up anymore.
Commissioner Carollo: What is the issue, then, before us?
Vice Mayor Gort: My understanding is the issue in front of us is, should we hear this appeal?
And my understanding is that the argument is that this was not... The argument, my
understanding; is, the argument is the appeal was not done correctly. We heard from both parties.
One, he stated why it was not heard correctly, why it was not filed correctly. We heard from the
people that filed the appeal that they went through the process, they went to staff, they asked
staff what the procedure was. They were informed by staff what the procedure was, and they
followed it. My understanding is that the information that they received at the last minute, the
Manager made some commitment to them at the last minute, two days before, or a day before the
case was to be heard by the Zoning Board, it was not... They told them that they need to put the
four hundred dollars ($400), and they did. The decision that we have to understand here, that we
have to make is, do we listen to these individuals?
Ms. Cuervo: Right. Before you have...
Vice Mayor Gort: Do we listen to their appeal?
Commissioner Carollo: But can you go ahead and explain to us...
Mr. Maxwell: Yes, I will, Mr. Carollo. The Vice Mayor is correct, and you... Mr. Shapo is
correct. The four hundred dollars ($400) is a non -issue, a smoke screen at this point. It's not
something that you need to spend one moment more on.
Commissioner Carollo: Let's move on, then, to what is the real issue.
Mr. Maxwell: All right. The issue is a legal question as to whether or not the appeal is properly
before you, based on standing, and that's the issue you must resolve. As I said before, our Code
requires that a person be an aggrieved party. Those are the rules. As unfortunate as it may be
that these rules weren't followed, the City is bound to follow those rules. Those are the same
rules that forced us to advise our City Manager that he did not have authority to waive those
fees. Several times today... Earlier this morning, the City Attorney was forced to advise you of
several judgments against the City of Miami, many of which dealt with the fact that the Court
perceived that we hadn't followed the rules. When the rules are broken, there is a price to be
paid. In this particular situation, the residents filed an appeal that they didn't have legal counsel
on, and it's a costly deficiency for them. We have been to court. The City of Miami has been to
court in situations where we have advised... We've argued this before. One involved the
Coconut Grove Civic Club. They appealed the decision of the City Commission, and we argued,
and the appellants on the other side argued - the co -appellants in this particular case - that the
Coconut Grove Civic Club did not have standing to appeal a decision of the City Commission
that dealt with an issue in Coconut Grove. The Court, in that particular instance, less than a year
ago, refused to follow an earlier decision that said a civic club didn't have standing, because the
City Commission hadn't given them that standing. An emergency appeal was taken to the Third
District Court of Appeal, and the Third District Court of Appeal said, "You, lower Court, were
wrong. You should not have granted standing to that civic club. They did not have standing."
So there was no right of appeal. The situation is exactly analogous to that one before you now.
They filed an appeal on behalf of the residents of the City of Miami - every citizen of the City of
Miami. That is an improper appeal. If you proceed and the appellants take this to court, you are
going to lose. Now, in addition to that, this is an issue involving fair housing...
307 May 23, 1996
Commissioner Carollo: Hold on, hold on, hold on.
Mr. Maxwell: Yes, sir.
Commissioner Carollo: Now, you are saying that they don't have any standing because they
placed in the appeal that the appellant was whom?
Mr. Maxwell: No. They said it was an appeal by the residents of the City of Miami.
Commissioner Carollo: By the residents of the City of Miami.
Mr. Maxwell: Yes, sir.
Commissioner Plummer: As to "they," all of them.
Commissioner Carollo: Did they... But someone had to sign it for the residents and place a
name there.
Mr. Maxwell: They didn't sign it.
Ms. Gyori: Yes, they did.
Mr. Maxwell: Nobody signed it.
Ms. Gyori: Yes, she did sign.
Mr. Maxwell: No.
Ms. Gyori: Oh, yes, she did. Oh, yes, she did. That... You know, the mess...
Vice Mayor Gort: Excuse me. Excuse me.
Ms. Gyori: OK.
Commissioner Carollo: Hold on.
Mr. Maxwell: Regardless, hey, the document in this file, in here, doesn't have a signature. But
that would be irrelevant, Mr. Carollo.
Ms. Gyori: Oh, yes. And we determined that at the day of the Zoning Board. Besides that, the
four hundred dollars ($400) - I don't want to belabor this - we do have a letter signed by Cesar
Odio in reference to it.
Mr. Maxwell: Ma'am, the four hundred dollars ($400)...
Commissioner Carollo: OK. But...
Ms. Gyori: I mean, if the City doesn't know how to act accordingly, that's not, you know...
Mr. Maxwell: The four hundred dollars ($400) is not an issue.
Commissioner Carollo: But the four hundred dollars ($400), he says, then is a non -issue.
Ms. Gyori: I know it's not an issue, but, I mean, it's like... A number of things that are
coming...
308 May 23, 1996
Commissioner Carollo: I am aware, for instance, that in the last few months, there have been
some new court cases that have come forth that have brought forth some new insight into the
question at hand as to who has legal standing and who does not. I, for one, speaking for one out
of four here, am willing to listen to the people here. From what I was given recently... And I
wish that I knew this was going to be the issue here tonight, because I would have brought some
new case laws on this issue, and would have given it to the Attorney's Office so you all could
have researched it further. But I, for one, just based on what I have heard, am willing to let the
residents of Miami go ahead and state their case. If we vote in their favor, which I don't know if
this Commission would or not, but if we do, there is still time for us to decide what to do, if we
were wrong in the decision we made. But nevertheless, I feel that we need to give them the
opportunity to be heard. Now, you're telling us that the application was not signed. They're
telling us that it was signed. And I'm just hearing a lot of conflicting statements back and forth.
But the bottom line...
Mr. Maxwell: The issue of whether it was signed or not is not material.
Ms. Gyori: It was signed.
Commissioner Carollo: The bottom line to me, is this. You know, it is morally wrong that any
City not provide sufficient help to plain average citizens to fill out the paperwork when they
need to make an appeal. Furthermore, it is wrong that we're charging anyone, especially the
people that can least afford it, four hundred dollars ($400).
Ms. Gyori: Thank you. Right.
Commissioner Carollo: I know in the past, it was five hundred dollars ($500). When I was here,
we passed a resolution that took away that. I don't know how the four hundred dollars ($400)
came back at some point in time afterwards. But when I was here in the past, we had passed a
resolution, that I introduced, that did away with the five hundred dollar ($500) requirement.
That was taken out of the books, where people did not have to pay five hundred dollars ($500) in
appeals of zoning matters, like was the case before. But the bottom line is, I am willing to go
ahead and hear them. I don't know if there are two other votes for that or not. But I appreciate
the statement that you've made. I will go back to some of my private legal counsel on other
matters and bring that opinion to you tomorrow so you could research it yourself. And it's not
an opinion. It's basically, as I stated, new case law that came out, and the interpretation that I
was given from that new case law is that these people would have legal standing, based on what
I was told for another case. And I think you know what I'm talking about.
Vice Mayor Gort: OK. So you're making a motion?
Commissioner Carollo: I'm making a motion that we listen to them.
Mr. Maxwell: Well, that motion would be to deny the appeal to dismiss.
Vice Mayor Gort: The appellant dismiss...
Mr. Maxwell: So you're upholding the Zoning Board on that.
Vice Mayor Gort: OK.
Commissioner Carollo: OK. And then that is the motion that I would make, to deny the appeal
for dismissal.
309 May 23, 1996
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19
Vice Mayor Gort: There's a motion. Is there a second?
Commissioner Dawkins: What, now?
Vice Mayor Gort: The motion is to...
Commissioner Dawkins: No. Wait a minute. Mr. City Attorney, what is the motion?
Mr. Maxwell: This motion would be on... The maker would have to make it, but I believe the
maker wants to make a motion to deny the appeal on the motion to dismiss, and uphold the
decision of the 'Zoning Board on the motion to dismiss. That still leaves you with two other
appeals before you, but that's the one before you right now.
Commissioner Plummer: Well, why do I have to do that when... All I want to do is hear the
people, and I may or may not...
Mr. Maxwell: Well, you have to deal with that one first, and then you would move to the next
one.
Vice Mayor Gort: OK. There's a motion. Is there a second? Is there a second?
Commissioner Plummer: Well, I want to hear what the people have to say, so I got to second it.
Mr. Maxwell: You're going to hear it.
Vice Mayor Gort: You want to hear what the people have to say.
Commissioner Plummer: Absolutely.
Vice Mayor Gort: I got a second for the motion.
(APPLAUSE)
Mr. Maxwell: You will hear. That's what gets you to that point, Mr. Plummer.
Commissioner Plummer: What?
Mr. Maxwell: That's what gets you to that point.
Commissioner Plummer: OK. I think it's ludicrous that I have to do that, but if that's what it
takes to hear them, then so be it.
Vice Mayor Gort: That's the procedure. So you second the motion?
Commissioner Plummer: Yes.
Vice Mayor Gort: Any further discussion? Hearing none, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
310
May 23, 1996
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-362
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO
DENY CARRFOUR CORPORATION'S "OBJECTIONS TO AND REQUEST FOR
DISMISSAL OF PENDING APPEAL" PERTAINING TO THE DETERMINATION OF
f USE NO. 96-001 OF THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY
PLANNING AND REVITALIZATION REGARDING RIVERMONT HOUSE, TO
ALLOW A SPECIAL HOUSING PROJECT TO BE LOCATED AT 789 NORTHWEST
13TH AVENUE, ZONED R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL.
(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
NAYS: None.
1 ABSENT: Mayor Stephen P. Clark
Vice Mayor Gort: Second.
Commissioner Carollo: Can you... HEMOS VOTADO PARA QUE SE PUEDA OIR EL
CASO DE USTEDES. LO QUE ESTABA PASANDO ES QUE LAS PERSONAS QUE
TIENEN CARRFOUR NO QUERIAN QUE USTEDES PUDIERAN PRESENTAR SU CASO,
Y HEMOS VOTADO EN ESO ANTES. ASI QUE VAMOS A OIR EL CASO DE USTEDES
AHORA Y LAS QUEJAS QUE USTEDES TIENEN EN ESTO.
(APPLAUSE)
Vice Mayor Gort: Who's next?
Ms. Cuervo: Now, you have the City's appeal of the Zoning Board's denial or reversal of the
determination of use in front of you. After that, you have the appeal by Carrfour on the Zoning
'' Board's denial of the determination of use, as well.
Commissioner Plummer: Just so the record is clear from this vote, what I have before me is to
listen to the residents. That's what I'm doing right now, period.
Ms. Gyori: Thank you. Thank you so much.
(APPLAUSE)
Ms. Cuervo: Mr. Vice Mayor, the staff has made their presentation, so if you'd like to go ahead
and hear them...
Vice Mayor Gort: OK. They already made their presentations and so on.
Ms. Cuervo: Right.
Ms. Gyori: So we may start?
Vice Mayor Gort: Yes. Thank you.
Ms. Gyori: Theo.
Mr. Maxwell: Mr. Vice Mayor?
Vice Mayor Gort: Yes.
Mr. Maxwell: I must inquire, first of all, is... The information that's being passed out to you...
Vice Mayor Gort: Yes.
Mr. Maxwell: Is this information that is already in the record?
Commissioner Plummer: Here. I don't know.
Ms. Gyori. Yeah.
Commissioner Dawkins: He doesn't know. He has to ask the question. We don't know.
Ms. Cuervo: Do you have another one of those?
Mr. Maxwell: Yeah.
Commissioner Plummer: Oh. We're down to our last three dozen copies.
Ms. Gyori: I'll give it to you when I'm done. OK?
Mr. Maxwell: I cannot determine if that information is... Staff would have to tell me if that
information is already in the record. If it's not information that is already in the record, of
course, I would advise you not to accept this, and simply go on the oral presentations. As we
have advised you in the past, the Snyder versus Brevard County case says that this is a
quasijudicial proceeding, and the other side has an absolute right to review and rebut any
information that comes before you that you base your decision on. So if they haven't had an
opportunity to review this information... And, of course, the same rule would apply on the other
side as well.
Ms. Gyori: I went ahead and handed it at the Zoning Board meeting, which means it must be in
the packet.
F
,.,
.1-11110)
Mr. Maxwell: That may very well be, but the record needs to be established that that is
information that the Commission already has. And if it's information that the Commission
already has, then it's fairly redundant to pass it out again.
Ms. Gyori: No, it's not, because it's in order, and I have a way of presentation... that my
presentation that I would ask you to turn to certain pages.
Ms. Cuervo: It's not stuff that's already in the package. It's not in the package.
Mr. Maxwell: Staff is saying that's not information that... not all of that information is in the
packet, Mr. Vice Mayor.
Ms. Gyori: These are documents from the City of Miami. They're all in there. Please look at
the backup.
Commissioner Plummer: Can I interrupt for one minute?
Vice Mayor Gort: Excuse me a minute.
Commissioner Plummer: Mr. Vice Mayor, I think that this is definitely going to take us to nine
o'clock. I think any other issue... This Commission is bound to break up at nine o'clock. I have
medicine which I have to take, which is going to make me out into "zizzy-zizzy" land. I just
think that we ought to dismiss the rest of the evening, because we're going to go right till nine
o'clock with this item alone. So I would... If anybody does not have... What's your problem?
Mr. Stephen Helfman: I have a... number 3 on the agenda, a non -controversial, supported by
staff.
Commissioner Plummer: All right. I will make...
Mr. Helfman: Critical.
Commissioner Plummer: I will make a motion, Mr. Vice Mayor, at this time, with the exception
of a non -controversial item, number 3... Uh-oh.
Commissioner Dawkins: I move it.
Commissioner Plummer: Wait, wait, wait.
Ms. Vicky Leiva: Excuse me. I have items .5 and 6, and I... It's my understanding that they
have become non -controversial.
Commissioner Plummer: OK. With the exception... Is there anybody here on 5 or 6?
Unidentified Speaker: Yes.
Commissioner Plummer: You're now controversial. You're out.
Unidentified Speaker: No, no, no. It's not controversial.
Commissioner Plummer: It's not controversial.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
313
May 23, 1996
Commissioner Plummer: Which way do you figure?
Commissioner Carollo: It's controversial.
Commissioner Plummer: OK? With the exception of item number 3, that the rest of the agenda
be deferred until June the 27th. I so move.
Vice Mayor Gort: OK. There's a motion. Is there a second?
Commissioner Carollo: The rest of the Planning and...
Commissioner Plummer: Time certain is...
Commissioner Carollo: The rest of the Planning and Zoning agenda.
Commissioner Plummer: Yes, sir.
Commissioner Carollo: We've got to go back to a couple of items.
Ms. Cuervo: You know, but let's start the meeting...
Commissioner Plummer: Yeah, well, that's... We're in the Planning and Zoning arena.
Ms. Cuervo: Can we set an hour for which to start the June 27th Planning and Zoning meeting?
Commissioner Plummer: Four o'clock.
Ms. Cuervo: Four o'clock?
Commissioner Plummer: Yeah. Huh? Why so late?
Ms. Cuervo: Because you've set some times certain for six o'clock. You set Lazaro Albo's at
six o'clock. So.
Commissioner Plummer: Well, tell me, what's...
Ms. Cuervo: That's fine. Four o'clock is fine.
Commissioner Plummer: That's fine. That's fine. I so move.
Vice Mayor Gort: Is four o'clock all right with everyone?
Commissioner Plummer: And if yours is controversial, it's out.
Mr. Helfman: No. PZ-3 is the exception.
Commissioner Plummer: You got it, Toyota. Now, sit down and let us hear the other.
Mr. Helfman: Fine. I'll wait.
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The following motion and resolution were introduced by Commissioner Plummer, who moved
their adoption:
MOTION NO. 96-363
YA MOTION TO CONTINUE CONSIDERATION OF ALL REMAINING
PLANNING AND ZONING ITEMS NOT TAKEN UP ON THIS DATE, NAMELY
ITEMS PZ-9 THROUGH PZ-10, AND ITEMS PZ-12 THROUGH PZ-20 TO JUNE 27,
1996 AT 4 P.M.
RESOLUTION NO. 96-363.1
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING OF JUNE TO TAKE PLACE JUNE 27, 1996 COMMENCING AT 4:00
E P.M.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the motion and resolution 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Mr. Maxwell: I've been informed that those items are... They looked through it and those items
are in the file, so the Commission can hear it.
Vice Mayor Gort: OK.
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Commissioner Plummer: I don't want to take him now.
Mr. Shapo: 1 would just for the record ask that we be provided a copy, if they're going to refer
to them, as the Commission has them.
Ms. Cuervo: You can have mine.
Mr. Shapo: Thank you.
315 May 23,1996
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Vice Mayor Gort: Go ahead, ma'am.
Ms. Gyori: OK. Theo is going to begin the presentation.
Ms. Long: Where would you like us to begin?
Commissioner Dawkins: At the beginning.
Commissioner Plummer: At the beginning. No, at the end. It will be over.
Ms. Long: Do we go back and start from the beginning, or are... and just highlight on the points,
or what would you like to know?
Commissioner Carollo: Everything.
Ms. Long: Let me tell you why 1100 or 1200 people are not happy about this facility going in at
789 Northwest 13th Avenue. Is that a good place to start? OK. It all started with a big fence
going up around the facility, and neighbors stopped and asked, "What's going on here?" And the
NET (Neighborhood Enhancement Team) officers... We called the NET office, and the NET
officers could not give us any information. They were going to look into the matter. Months
went by, and we called again, and they said, "Yeah, we're still looking into the matter." In the
meantime, I had called the City and I got a copy of a letter from our NET office, signed by Pablo
Canton, that he had endorsed this facility for our neighborhood, which made all of our hairs
{ stand straight up, because this...
Commissioner Plummer: Shame on him.
Ms. Long: This facility is going to be 70-something apartments, 76 apartments, for long-term
chronic alcoholics and drug abusers, who were once... formerly homeless. And we thought that
the neighbors should definitely have been made aware of this facility before the City awarded
them a CHAS (Comprehensive. Housing Affordability Strategy) certificate. To get back to the
rules and regulations of the City, in the little packet that we've given you, we've xeroxed the
rules and regulations to get a CHAS. And it says that you cannot have a concentration of HUD
facilities. Well, there's 1100 HUD residents directly across the street. I would say that that's a
concentration. The other thing is, is that it says that the neighbors must be informed. That was
never done. It also says that the neighbors should be put on an advisory board, something like
that. That was never done. So to make a long story short, the neighbors did not know what was
going on. The City had endorsed this facility for our neighborhood, and as I saw it, the proposal
that - we've made copies that are also in there - does not give you... If you peruse them real
quickly, it does not look like the average apartment house. They were going to have all kinds of
services, they were going to have nurses, they were going to have a 24-hour crisis center. They
were going to have a lot of services. It doesn't sound like it's just going to be the ordinary
apartment building. It's zoned R-4, which means it has to be an apartment building, or they have
to get a special zoning variance. None of that was ever done. They just assumed that they could
go in there as an apartment building. And that's basically the gist of why the neighbors are
upset. We were never notified. The City went ahead and endorsed it for our neighborhood.
There's a concentration of HUD facilities right on the same block, and that's basically why the
neighbors have been before you before. I don't know if you remember our faces. but we were
here a few months ago, and you said, no, that particular facility cannot be at that address, unless
they go for a zoning variance, which is what we were waiting for. And copies of the... of what
you actually said are in this little packet, as well. So Bruce Kaplan, who is the County
representative, also, his letter is in here, and he states, "We have enough homeless shelters in
East Little Havana." You know, we've tried very hard, as the Grove Park Homeowners, we've
been before you many times on other zoning issues. We have tried... We've turned our whole
316 May 23, 1996
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neighborhood around. I don't know if any of you come by our neighborhood when you park by
the Orange Bowl, but it's quite a lovely neighborhood. And we are very proud of ourselves that
we've stopped the rooming houses, and we have turned it back into a single-family residential
area. So again, that's our reason for being here. We're trying to protect our neighborhood,
we're trying to keep it nice. You know, when you go down near Roberts Drugstore and all,
that... You know, that's what our neighborhood could turn into if we just allow all these zoning
violations to continue. And I feel that this particular facility would not enhance our
neighborhood. And you'll hear from the elderly that they... You know, they walk to the grocery
store down on Flagler. Mr. Plummer, you know - your funeral home was there for many, many
years - that's not the greatest neighborhood to walk around. So that's why the neighbors are
upset. And we feel that, again, the rules were broken regarding your own CHAS. Cesar Odio
has rescinded the CHAS when we brought all these items to his attention. And another point. If
this is just an apartment building, for normal people, why has HUD given them, you know, two
million dollars ($2,000,000)? HUD doesn't give money for just apartment houses. Otherwise,
we would all be in that business. So there's more to it than just an apartment house. Thank you.
(APPLAUSE)
Ms. Gyori: My name is Teresita Gyori. I live at 1718 Southwest 17th Avenue. That's in Little
Havana. I do own a property that's at... in East Little Havana. It's 325 Northwest 7th Avenue.
The reason I'm mentioning this to you is because last year, about the same month, we went
through another ordeal with another facility. We went ahead and we confronted this issue,
because it was a transitional. They were were saying; it was an apartment building. When we
showed you the documents in reference to that matter, you voted against it. And they went
ahead, and went back to the community and said, "Well, we're going to convert this into an SRO
(single room occupancy). I am not educated with the homeless issues. What I did with Alex
Penelas, Commissioner Alex Penelas and the Homeless Trust, they educated me in reference to
what is the homeless, what are they intending to do. It's three programs. It's called Continuum
Care. I visited SRO Camillus House. I was very impressed at the the manner in which
everything was done. When all of this... We amicably settled the differences that way. You
know, we are neighbors. We need to work with each other. We know that there are people that
were homeless, that they need a second chance. It can happen to any of us. But in this particular
case, Theo Long went ahead and called me and said, "Teri, because you have the experience, can
you please explain to me what is the procedure? Is this really something that's detrimental?" I
said, "No, SROs are permanent housing, and this is what it's going to be." Through the Freedom
of Information Act, I asked the Federal government to send me the proposals that they had
already gone and submitted. What they did submit to me was a big 300 page proposal. And it
said, very clear, that it's called Supportive Housing Program, which it doesn't really seem like
too much. It seems like Supportive Housing Services, this is a program. And what I learned
was, you can... You have 76 units, and what you do is, you divide them. It's very creative. This
is the new generation in the City of Miami. You go ahead and get 40 units, you convert them to
SROs and you get another 36 units, and you have another service. That's... But you are
promised that those 20 units will be there... those 36 units will be there for 20 years, and they
give you a certain amount. This is a contract. This is money that has been funded, allocated,
funded to Carrfour. It is a contract. It needs to be abided by. This is not something that they
can go ahead and make changes without having formal changes to this. And they know that
perfectly well, because they had already gone ahead... After our numerous meetings, they went
ahead and they said, "OK, we'll change it from shared bathrooms and kitchens. We'll have them
as individual units. That way, they would not fall under a community -based residential facility.
When they first submitted this - and that's why Theo mentioned about the CHAS - they had to
go ahead and divest themselves. They never did. They said they were an apartment building.
This was never going to be a zoning issue. This was going to be a normal apartment building.
And I don't mean normal in a way... You know, it's like you consider people parking, going into
their apartment, and leaving. That's not the case in these 36 units, which... I have spoken to
317 May 23, 1996
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Carrfour, and I said, "How difficult can it be, if this is a Greater Chamber of Commerce, that
they have other facilities they're working on, how difficult could it be for them to move these 36
units somewhere else?" And again, to stress the importance of these 36 units, and why the
frustration of the elderly people, please turn to Section 3 on page 41. The people that will be
living here, it says it very clear, they have to be long-term, chronic, continuing disabilities.
ti These are... You know, a lot of people, when they think of disabilities and handicapped, they
' believe people can't walk or they can't see. This is not what the topic is. They cannot control
them. I mean, they say they're monitoring them, and they're doing all these different types...
But it says it very clear that when you go ahead and you have a contract which is called
Supportive Housing Program, you have a budget, you have a capital, you have services, and it
goes hand in hand. When you have chronic alcoholic, d 7ug abusers, HIV, it goes hand in hand
with services. They're very bright. You know what tuey did? "Fine. You don't want this?
1 Well, we'll go ahead and take the services out." They're a CBRF (Community Based
Residential Facility). You can't move them. This is what this project is all about. But very
clever... They don't care about the negative impact, about the neighbors, the fear of the
neighbors. Let me just move to another page. This is page 48. They're saying that... I mew"
there's nothing for us to worry about. And in page 48, it says "Crisis Services. Given that the
residents will have serious mental illness or chronic problems with drug or alcohol abuse, crises
are anticipated, resulting from psychiatric consultation, medical emergency, possible conflicts
between residents." The support staff, which, of course, are going; to have an office full of
employees from Barry University, they have contracts. They have numerous of other things that
they provided. They will assist in stabilizing the situation, and assessing the psychiatric and
medical emergency rooms, and identifying for outside assistance. Oh, gosh, call the police.
That's what it says here, "Such as police is required." The facility will be staffed 24 hours a day,
seven days a week. And again, it goes hand in hand with the services. And now, what have they
done? Very cleverly, they said, "OIL. What we're going to do, we're not... not going to have the
services on site. Forget about the neighborhood, forget about the crime, forget about anything.
We're not concerned about the neighbors. We're not concerned in sitting down in talking to
them. We don't care." Then, we have Mr. Preve, which is the president of Carrfour. He goes
ahead and lie writes a letter, and lie. says to Mr. Frank Castaneda, because this has been going on
for quite a while, "We believe that it's clear and sell' -evident, Rivermont will not be a
community based residential facility, and there is no formal supervision, no mandatory service,
absolutely none on site." Now, you tell me, where is this budget and all these support services
going to? That means they're misleading the Federal government? They've misled the City.
They've misled the neighborhood. What more are we asking from them? Now, that they don't
care about the 1100 elderly residents across the street? That's what it sounds like. They have
not done anything different. Now, we go to the CHAS. I believe this is on... Let me see. The
CHAS... We have our City Manager - this is Section 5 - and he says, "We're rescinding the
certification of consistency," because community based... it is not an apartment. It is a
community based residential facility. And it's very clearly saying, "These people need long-
term services." No... And nothing in the proposal does it say that these people will be living
independently. It says that they need a lot of services on site and off site. And I think it would
be a hardship for this neighborhood not to have the services, but they should have known from
day one that when they were getting a consistency certificate, which is like a letter of credit, it's
very dangerous. I've been learning about this. When you give somebody, especially the Greater
Chamber of Commerce, because they feel like they're above the law, you give them that letter,
you go get the millions, they will, because they have the recognition. And this was a
competitive... was a nationwide competitive program. They won it because of their merits. If
they start amending this, they wouldn't... they would lose it. I mean, it's very... It's obvious that
this is what the case is. They will lose it, and they don't want to, and that's why now, they're
threatening with discrimination, because if they would have done it right through zoning, they
would not have been in this predicament. And in reference to the determination of use, I think
it's very... it's necessary, because this is the new generation. But I personally believe that it
should be considered, or uphold some kind of determination, but the type of zoning... This
318 May 23, 1996
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should be higher zone districts or something, because this is an institution. If you have SROs,
which are apartment buildings, with a combination supportive housing... This is an experiment.
This experiment has not been successful in single-family areas. In commercial or industrial, but
not in single-family areas. And that's what you have around that neighborhood. You have
neighbors. You have elderly people that also do live in single-family homes around there. Some
of them... Again, I've already stressed this several times, we have a neighborhood which is a
target neighborhood. We have people that do not speak English, that don't have transportation,
they don't know the laws. We're talking about discrimination. They're being discriminated.
You know, it's like if I wouldn't have come in our... gone ahead and helped Theo, we would not
have known what was going on. We did not know what the issues at hand was. Not even the
NET Administrator knew it at the time, because lie understood that this was Section 8 affordable
housing, but never the 36 units. I believe in good faith out of Carrfour for their future and
livelihood with other projects, which is the same thing as the Greater Chamber of Commerce,
they should have moved this site to another project. Thirty-six sites. What more are we asking?
I mean, how many elderly people... We have 1100 elderly people who'd be grateful. And, I
mean, I sleep at night. I don't know how Carrfour board members, and especially the executive
director and the president can sleep at night. I mean, they don't care about the welfare of the
residents? Everything is suing. I received a letter from the City in reference to the suit that
they're throwing at the City. It hurts me. I'm a taxpayer. I don't want to see the City sued, I
really don't. But, you know, maybe we can work something out in reference to having them,
you know, with the Northwest 8th Center, we mentioned something about Jackson Memorial
Hospital, there was another site. If we can work together, I think this would be a fabulous
solution. But between not letting us speak, and showing you the facts, that's the only thing, you
know, whatever you decide, please, we do have a lot of elderly people, and it is a negative
impact, and it wasn't done correctly from the beginning. Thank you.
Vice Mayor Gort: Thank you.
(APPLAUSE)
Vice Mayor Gort: Anyone else? I think this young man wanted to speak.
Commissioner Plummer: Can I ask a question? Mr. City Attorney?
Mr. Maxwell: Yes, sir.
Commissioner Plummer: What happened to the policy that this Commission established that we
would not allow any other facilities in the City of Miami until such time as all of the other
municipalities had picked up their fair share of the burden?
Mr. Maxwell: I think you're speaking about community -based residential facilities, Mr.
Plummer. Correct? And that is an issue that is germane to these proceedings tonight, because
often tonight, you've heard the expression, "CBRF." What happened in this particular case was,
the Zoning Administrator made a determination that this particular use did not constitute or was
not a CBRF. It was not a community -based residential facility. And for whatever reasons, the
neighbors did not appeal that decision. And the time...
Commissioner Plummer: But it's not also...
Mr. Maxwell: ... the time ran. So he then said, it's not a CBRF, and therefore, there was no
contravention of this Commission's policy, because this Commission's policy dealt with
community -based residential facilities, and it's not what...
Commissioner Plummer: But it was not a residential use of an apartment house in an R-4.
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Mr. Maxwell: Well, that's... No, that's not so, sir. And that was...
Ms. Gyori: Section... I'm sorry. My Section 5...
Mr. Maxwell: That was exactly what...
Vice Mayor Gort: Excuse me, excuse me. You'll get a chance.
Mr. Maxwell: The Zoning Administrator or the Planning Department can speak for itself on
this, but that is the crux of the matter now. The Zoning Administrator found that based on the
information, as Mr. Luft pointed out earlier, based on the information at hand at that time, it
appeared that this was not a CBRF, but it was not strictly an apartment building at that time.
That was based on the information they had. Then he said, "Mr. Planning Director, we need a
determination as to what use this would be." The Planning Director made a determination, and
that's what you are hearing now. The issue of whether or not this is a CBRF or not, or whether
or not they violated your policies regarding whether or not these type of facilities - if it was a
CBRF - is not really an issue here. They have not, because the Zoning Administrator said it's
not a CBRF.
Commissioner Plummer: We're going to have to take all of this out of the hands of the Zoning
Administrator, because, let me tell you something. Every time we come up here, and we hear
these appeals, it's what the Zoning Administrator did, and it's contrary to what this Commission
wants. So somewhere along the line, we're going to have to take it out of his hands and put it
i back into this Commission's hands.
Commissioner Carollo: Who is the Zoning Administrator?
Commissioner Plummer: I don't know.
Mr. Maxwell: Well, let me say this, if I may, Mr. Carollo. The Zoning Administrator is Juan
Gonzalez, but the thing is, the Zoning Administrator makes the determinations. His
interpretation is based on the best information he has available.
Commissioner Plummer: Yeah, but we don't agree with that, so let us make it, based on our best
determination of the law. Because I'll tell you something. The Zoning Administrator, whether
it's Mr. So -and -So here or So -and -So here, is not the one making the final decisions, or should
not be. We are the elected officials. It's our neck on the line. OK?
Commissioner Carollo: I agree with you, Mr. Plummer.
Commissioner Plummer: And as far as I'm concerned...
Commissioner Carollo: I fully agree with you.
Commissioner Plummer: ... we've got to come to a determination that, in fact, this Commission,
who, here today, here tonight, is having to stick our neck out and say that we didn't... "We're
sorry that our Zoning Administrator goofed up. We don't agree with him, but now, we got to go
along with him," is wrong.
Commissioner Carollo: I fully agree with you. Now that we're both in agreement, can I bring
back Rodney's parking, that the Zoning Administrator told us that that was OK?
Commissioner Plummer: Well, that's another classic case. OK? I'm not trying to find... Are
you the Zoning Administrator?
320 May 23, 1996
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Mr. Juan Gonzalez (Acting Zoning Administrator) : Yes, I am.
Commissioner Plummer: Sir, I'm not trying to find personally with you, but what I'm just
saying is, you know, there's a certain thing in politics called "The buck stops here."
Commissioner Carollo: That's for sure.
Commissioner Plummer: And in this particular case here... And once again, it's not stopping
with you, because the buck is now here. We didn't have the opportunity to make the earlier
decisions, but yet, we are the ones who are saying, "You've got to make the decision." Now,
we're having a City Attorney tell us that we can't do what we feel that the people of this area
want, because if we do, we're being threatened by the Justice Department, and the Housing
Department, and everybody else. And I'm just saying to you that if I got to be where the buck
stops, I want to make the first decisions, and I'll make the last.
Vice Mayor Gort: OK, J.L. Commissioner Dawkins.
(APPLAUSE)
Mr. Maxwell: It comes to you, except they didn't appeal it. It comes to you, except they didn't
appeal it.
Commissioner Plummer: (Unintelligible.)
Commissioner Dawkins: You know, it is very, very heart-warming to be here tonight. They say
open confession is good for the soul.
Commissioner Plummer: Uh-oh. Uh-oh.
Commissioner Dawkins: We have had three times before this Commission where they were
going to take all of the zoning rights and powers from the Commissioners and give them to the
NET office. And now, I hear J.L. Plummer say, "I'm taking them back." I'm with you, home
boy.
Commissioner Plummer: Who woke you up?
Mr. Gonzalez: Mr. Vice Mayor, can I say something for the record, real quick?
Vice Mayor Gort: Yes, sir. Excuse me. Name and address, department.
Commissioner Plummer: Your damn snoring is embarrassing me.
Mr. Gonzalez: Yeah, Juan Gonzalez, acting Zoning Administrator, Building and Zoning. Just
for the record, the decisions that are made here are - you have to remember that - based on
information provided. You have to match the category to what's actually in the Zoning
Ordinance. It's not something that, you know, I decide, right or left, what it is. I go to the book,
I look at a definition, to the best information provided by that application, and I determine what
categories it falls under. It is... In other words, it doesn't allow me to have a free hand. It's
pretty defined in the ordinance what they are. I just want to make that clear.
Commissioner Plummer: Yeah. You know, there's about 37,000 different types of religion, and
they all claim that theirs is right, based on the Bible, because of their determination, and their
interpretation, that theirs is the only religion that goes. It's the same thing. OK? There is a
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May 23, 1996
certain amount of leeway there. There is a certain amount. And I'm saying that if I've got to
make the final decision, I want to make the first decision. That's all I'm saying.
Unidentified Speaker: J.L., can I say something?
Commissioner Plummer: No.
Vice Mayor Gort: Excuse me.
Commissioner Plummer: You're not even in this neighborhood.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Gort: OK. What's the...
Commissioner Plummer: Well, you know, we've heard the neighbors, and here again, we sit
here and we have to abide by the law. We have no choice. OK?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Gort: Excuse me, ma'am. Excuse me.
Commissioner Plummer: Doctor, thank you, but, you know, I'm saying to you... Let me tell you
something. I want to vote for these people. There is no question I want to vote for these people.
But I'm being told by the City Attorney's Office and by others that I don't have that choice. I'm
being told that the Justice Department is threatening to withhold all of our money in the future,
you know? And here I am saying to these people, "I love you dearly, and I want to do, but, hey,
these hands are tied." And that's wrong.
Ms. Long: No.
Commissioner Plummer: But I have no choice.
Commissioner Dawkins: And as J.L. has said before, if this Commission had had a hear... or a
saying in the decision...
Commissioner Plummer: In the first place.
Commissioner Dawkins: ... there's a possibility that we could have said to both sides, "We are
going to do nothing with this until you come back with a decision that you both can live with."
And then Carrfour would have had to agree to some of the demands of the neighbors, and the
neighbors would acquiesce to some of the demands of Carrfour. But we've gotten into a
situation here now where the guy we pay to advise us is saying to us, there's nothing you can do
at this stage of the game.
Vice Mayor Gort: Well, Commissioner, I'll tell you, we've done it before, and I think that
what's taken place in the past when we have voted against it is they have gotten together, and
they realized that they had to come up with something. I think that's what the neighbors are
asking.
Ms. Long: Yes.
Vice Mayor Gort: Make a decision so... at least give them some leverage to bargain with. I
think that's what they're asking of us tonight.
322 May 23, 1996
Commissioner Plummer: Well, Willy, the only problem...
Ms. Gyori: May I, please?
Commissioner Plummer: Wait a minute, excuse me. The only problem I have, you know...
And I hate threats. OK? I hate threats. If you don't do what I tell you, this... But, you know,
the Federal government has a way of operating that it's not threats, it's your financial
pocketbook. And the idea is that if, in fact, we don't do, good little boys, like we're supposed to
do, that they are not going to be threats, that they're going to tell us our monies are going to be
cut off. And I don't know that I really want to put that in jeopardy. I really don't. Because I've
got to tell you something. I have no problem with voting against it at this particular point, except
for the implied fact that it could put us in jeopardy further down the line.
Mr. Maxwell: Again, Mr. Commissioner, please indicate on the record that the information
being passed out is in the record. I believe this is. It's a letter of April loth.
Commissioner Plummer: How about if I defer this for five years?
Mr. Maxwell: That could also be problematic.
Commissioner Plummer: Well, would you accept four years?
Mr. Maxwell: We're required under the Fair Housing Act - and that is the operative Federal law
right now - we're required, the local government, that is, to make reasonable accommodations
for handicapped individuals. The people who will be inhabiting that particular facility are
legally classified under the Fair Housing Act...
Commissioner Plummer: What do you want to do?
Mr. Maxwell: ... as handicapped individuals, and they are protected by the law. The law is also
clear that the City, nor the neighbors, can speculate on whether the proposed use creates a
problem.
Vice Mayor Gort: Excuse me. Let me ask you a question on the disabled.
Mr. Maxwell: Yes, sir. Yes, sir.
Vice Mayor Gort: You're stating that these individuals are disabled.
Mr. Maxwell: Under the law, they are. They are handicapped, under the Fair Housing Act.
Vice Mayor Gort: Well, my understanding is, they have been to a process, and they've been out
of the process, and they've been in a normal...
Mr. Maxwell: They are in...
Vice Mayor Gort: So their disability has not disappeared?
Mr. Maxwell: No. They're in rehabilitation right now, and that is...
Vice Mayor Gort: So he's...
Mr. Maxwell: They are formerly and recovering, whatever their characteristics are.
323 May 23, 1996
Commissioner Plummer: I got one further...
Mr. Maxwell: And they are still protected under the law.
Commissioner Plummer: I got one other question. What happens if the scenario is, here this
evening, no action by this Commission?
Mr. Maxwell: There is a possibility that the Federal government will sue us. And the reason is
that we have not made those - as I pointed out - reasonable accommodations, and we've done
nothing, and we've precluded these people from using the property.
Commissioner Plummer: If the Federal government...
Mr. Maxwell: We'd be subject to potential damages, and fines and so forth.
Commissioner Plummer: If the Federal government sues us, do they sue us for dollars? Do they
sue us to put all the Commission in jail? I mean, what do they sue us for?
Mr. Maxwell: All right. I'm glad you asked that, Commissioner.
A. Quinn Jones, III, Esq. (City Attorney): They'll sue you for violation...
Mr. Maxwell: Yeah. I mean, they would bring an action... They would bring an action...
Commissioner Plummer: And the only thing that they're going to sue in court for is their,
supposedly, justification of their right to build?
Mr. Maxwell: They could sue you under... The Federal government could bring an action under
Title 8 of the Civil Rights Act.
Commissioner Plummer: Well, tell me what that means.
Mr. Maxwell: Well, it means that... Sometimes, as you found out in the Treister case, in civil
rights violations, the Commissioners can be personally held liable. In this particular situation, if
they even allege that, we probably could successfully defend against that, because you're acting
in your legislative capacity right now, and that probably would not be a successful claim.
However, the City... The City may be found liable, because, as I pointed out before, we haven't
done... If you did nothing, and they couldn't use the property, these people then would be
discriminated against, and the City would have done nothing to assist them in any way to change
the position, to place reasonable requirements on the use, or do anything of that nature. And the
courts may order... enter a restraining order. An injunction could be entered. There could be
damages on the part of Carrfour for the investments and the grant that they got... that they
requested and didn't get. There could be punitive damages, as we know right now. And also,
they could... I lost my train of thought.
Commissioner Plummer: All right. You've told me enough.
Unidentified Speaker: And attorney's fees, too.
Mr. Maxwell: Yeah. And attorney's fees and costs.
Ms. Gyori: May I say something, please? May I add something to this? In reference to
everything you just said, they did this procedure wrong from the beginning.
324 May 23, 1996
Mr. Maxwell: Yeah.
Ms. Gyori: If this letter of consistency... letter of credit would not have been given to them, this
wouldn't be a federally funded project. All this came about because the City did not act
accordingly. They should have gone ahead and followed the guidelines. They gave that to the
NET Administrator, and the Administrator did not follow it. He knows perfectly well, and the
City knows perfectly well, when you look at the original proposal, which the City doesn't even
know what they are anymore. They just want to go ahead and give it to them, because they were
very smart. Their tactic was, "Hey, let's threaten the City to sue their pants off on
discrimination," and then you've got the executive director sending a threatening letter to Bert
Waters saying, "I want to know all the monies that you have in your program." That is a threat.
That is terrible. That is cruel for a neighborhood. The City has to somehow defend the
community, defend their... Because you are our elected officials. We believe in you. And I
understand. But it is so low, the tactic. You do something wrong, and guess what? You scream
discrimination. That is such... Well, we're discriminated on. Do we go ahead and have the
Inspector General, and have the Fair Housing Enforcement also look at this as a case? Do we
have to force... I don't believe that's right.
(APPLAUSE)
Vice Mayor Gort: Teresita, hold on a minute. Commissioner Dawkins.
Commissioner Plummer: Mr. Luft, may I have...
Commissioner Dawkins: Can I ask the Administration, has any money been given to Carrfour at
all, for any reason, without bringing the matter before the Commission for approval?
Ms. Cuervo: Commissioners, I believe that in October of last year, we... there was an item
before you where we went ahead with a CDBG (Community Development Block Grant)
application that Carrfour had submitted to the City. I believe that contract had not been signed
until maybe a week or two ago by the City Attorney's Office, and then by the City Manager. I
do not know if the funds have been disbursed yet. I'd have to ask the Community Development
Division of NET.
Commissioner Dawkins: OK. No money - and I want it on the record - no money at all has been
advanced to Carrfour in the last month or six weeks.
Ms. Cuervo: Commissioners, again, I can only tell you that the contract was signed. I do not
believe that the monies have been disbursed but...
Commissioner Dawkins: Wait a minute. Either you know the City gave money, or you know
they didn't.
Ms. Cuervo: The City Commission approved a grant of fifty thousand dollars ($50,000) for
Carrfour.
Commissioner Dawkins: Say what now?
Ms. Cuervo: The City Commission approved a CDBG grant of fifty thousand dollars ($50,000)
to Carrfour.
Commissioner Dawkins: Fifteen thousand dollars ($15,000).
325 May 23, 1996
i
Ms. Cuervo: Fifty. Five -zero. Fifty thousand dollars ($50,000).
Commissioner Dawkins: OK. But the City Commission also directed that it be held up until we
get them to come back.
Ms. Gyori: Exactly. Exactly. That is cruel.
Commissioner Dawkins: We did not give you the right to give it to them.
Ms. Gyori: That is cruel.
Commissioner Dawkins: That's right. Now, go back. Go back and check the record. The City
Commission said, "Come back to us prior to awarding that money."
Commissioner Plummer: Yep.
Commissioner Dawkins: All right?
(APPLAUSE)
Vice Mayor Gort: OK. Wait a minute. The hour is...
Ms. Gyori: What are we going to do with the Administration? They're going against your
votes.
Vice Mayor Gort: Excuse me, excuse me, excuse me. The hour is late. We need to make a
decision.
Commissioner Plummer: Mr. Luft, Mr. Luft, can you give me the name, please, of the man who
threatened you from HUD?
Vice Mayor Gort: It was Mr. Waters.
Commissioner Plummer: No, from HUD.
Mr. Luft: No, sir. It was from the HUD Atlanta Regional Office. I'll have to find out who
was...
Ms. Cuervo: Don Johnson.
Commissioner Plummer: What was his name.
Mr. Luft: I cannot tell you his name.
Ms. Cuervo: Don Johnson.
Mr. Luft: What was it?
Ms. Cuervo: Don Johnson.
Mr. Luft: Don Johnson.
Commissioner Plummer: All right. And who was the man from the Justice Department that
threatened you?
326
May 23, 1996
Mr. Luft: Don Johnson from HUD.
Commissioner Plummer: From HUD. Don Johnson.
Ms. Cuervo: He's from the Fair Housing Enforcement Center of USHUD, the Atlanta Regional
Office.
Commissioner Plummer: Whoever it was that threatened us. OK? And who was it from the
Justice Department that threatened us? I want those names. Don Johnson.
Ms. Gyori: I guess we need the Inspector General involved in this.
Commissioner Plummer: Wait, wait, excuse me.
Mr. Luft: Loch, Loch Hanley from the Justice Department.
!; Commissioner Plummer: Hanley?
Mr. Luft: H-A-N-L-E-Y, I believe.
F
i
Commissioner Plummer: And the first name is Lock, L-O-C-K?
Mr. Luft: Loch. I think it's L-O-C-H.
Commissioner Plummer: OK. I would ask at this time that the Administration so ask the
Attorney General to understand that we are concerned that implied threats are made at this City
Commission by virtue of the fact that it is impeding us from being fair in our decisions.
Ms. Gyori: Yes.
Commissioner Plummer: And I would ask that that letter be sent in behalf of the City
Commission, and asking them to look into this matter in behalf of this Commission.
j� Ms. Gyori: Please, Commissioner Plummer...
I
Commissioner Carollo: I second the motion, but I would include that a letter would also be sent
to the Director of HUD, Henry Cisneros.
Ms. Gyori: Yes.
Commissioner Plummer: Oh, absolutely.
Commissioner Carollo: Secretary of HUD, so he would also have a copy of that letter. Let me
read this into the record. I second your motion with that amendment, if you accept it.
Commissioner Dawkins: OK. All right. Call the roll.
Commissioner Carollo: Before we call the roll, let me read this into the record. This really
concerns me. This is a letter in Carrfour Corporation stationery, signed by Mr. David J. Preve. I
hope I pronounced his name right.
Mr. Luft: Commissioner, Commissioner, I want to be sure, certain that you understand what I
said when I characterized the discussion with the Justice Department and HUD. I did not
327 May 23, 1996
interpret what they were saying as threats. What I interpreted them as saying is, this is the law.
The Fair Housing Act establishes that this type of resident is a protected class of individual.
That if you create impediments to their access to housing, you will be in violation of the Fair
Housing Act. That's what the Justice Department said. What the Law Department explained to
you is what happens if a lawsuit is brought, what could be the penalties. They didn't threaten us
with any fines or penalties.
Vice Mayor Gort: OK. Fine. Jack, let's get...
Mr. Luft: No, I'm just...
Commissioner Carollo: Well, Jack, let me say this to you.
Vice Mayor Gort: Let... Let...
Commissioner Carollo: Hold on. Listen a minute. If there is a lawsuit filed, I'm telling you
now, there's not going to be anyone from our Law Department representing us. This
Commission is going to go out and do like we would do with someone else that threatened to sue
us, and go out and get the best darned litigating firm there is...
Ms. Gyori: Good.
Commissioner Carollo: ... anywhere in Florida...
Ms. Gyori: Yes.
Commissioner Carollo: ... to take them on.
(APPLAUSE)
Commissioner Carollo: Let me read this into the record, if I may.
Mr. Luft: I want...
Vice Mayor Gort: Read this letter.
Commissioner Carollo: Jack, I have the floor. I'm sorry. After I'm done, you can talk. This is
a letter in Carrfour Corporation stationery, signed by David J. Preve, and I hope I pronounced his
name right. It's to Mr. Don Johnson, Fair Housing Enforcement Center, USHUD in Atlanta. It
says:
"Dear Mr. Johnson, thank you for your telephone call this morning. I believe it is
in the best interest of Carrfour, as well as the City of Miami to resolve all issues
as quickly as possible. Therefore, in the spirit of cooperation, I will offer the
following: One, in the spirit of cooperation, Carrfour Corporation will drop its
appeal to the Zoning Board; and, two, Carrfour Corporation will drop its fair
housing complaint against the City of Miami. The above will be subject to the
City of Miami providing the following: One" - which, apparently, is what the
City Attorney's Office said today - "a legal opinion from the City Attorney that
Carrfour's use of the Rivermont (sic) House is a permitted use as of right, and the
City will not impose any additional requirements, other than what is normally
required of any other apartment building; and, two, a letter of support from the
City of Miami, signed by either the City Manager or the Mayor of the City of
Miami, which substantially will state the following: The City of Miami supports
the development of Rivermont House, a proposed affordable housing project to be
328 May 23, 1996
located at 780 or 90 Northwest 13th Avenue, Miami, Florida. The proposed
project will greatly enhance the viability of the neighborhood and play an
important part in the redevelopment efforts being undertaken in the area. It can
also be an excellent example of combined public/private partnership efforts to
provide affordable housing opportunities for residents of the City."
This is what they're demanding that we give them.
Ms. Gyori: They're demanding. They did...
Commissioner Carollo: Then it goes on and...
Ms. Gyori: The Administration jumps...
Vice Mayor Gort: Excuse me, excuse me. He's got the floor.
Commissioner Carollo: Hold on. Let me finish. Then it goes on and says something else in
another paragraph. Then... Then... This is the code paragraph, about two of them. He says:
"Don" - it's not Mr. Johnson anymore.
Ms. Gyori: Don.
Commissioner Carollo: It's "Don. It is my intent to resolve this as amicably as possible." And
he goes on, and on, and on. You know, obviously, David here has a very good relationship with
Don up in HUD.
Ms. Gyori: That's right.
Commissioner Carollo: Otherwise, David would not be calling Mr. Johnson "Don."
Ms. Gyori: "Don."
Commissioner Plummer: All of that...
Vice Mayor Gort: OK. What's the wish of...
Commissioner Plummer: All of that being said and done, what are we going to do tonight?
Commissioner Carollo: J.L., let me say this to you. I would prefer to defer this, deal with it at
another meeting. Either that, or I'm going to make a motion that we vote this whole thing down.
I would like to get some additional case laws, that I am told, as I stated before, are there that are
new, and have our Legal Department go over it, and get their opinion on it.
Commissioner Plummer: I second the deferment. I second the deferment.
Mr. Maxwell: May I?
Commissioner Plummer: I second the deferment.
Ms. Gyori: May I ask something... add something? In reference to the Administration, they
went against your will. They went ahead and never told the community. Besides that, we've
never been included. Please include us in Washington, in Tallahassee... I've documented, I've
done this for an entire year. I've spent three thousand dollars ($3,000). And you tell me to
jump... to go to Washington, I will, and I will defend my City, because I am proud of it,
regardless of the Administration that you have. Because they didn't defend us. They went ahead
329 May 23, 1996
and went against us. They... They negligently... They lied to us. They said they will never give
the fifty thousand dollars ($50,000). And what did they do? They went ahead and signed this
letter, and probably gave it to them.
(APPLAUSE)
Ms. Cuervo: Commissioners, I have to clarify that. I have to clarify that. That is not true. And
Commissioner Dawkins...
Ms. Gyori: She just said it. She just said it.
Vice Mayor Gort: Excuse me. Excuse me.
Ms. Cuervo: Teresita, that is not true, and I want to clarify for the record, the City has not
disbursed one penny from that grant agreement. I just got confirmation of that. OK?
Ms. Gyori: Well, you said that you didn't know.
Commissioner Dawkins: Now, wait a minute. OK.
Ms. Cuervo: No, I said I didn't know. That doesn't mean I did.
Commissioner Dawkins: I will ask again, and I will ask it as clearly as I possibly can. Has the
Administration given any American money, any foreign monies, or any food stamps to Carrfour
in the last two months?
Ms. Cuervo: No, sir.
Commissioner Dawkins: And that's on the record.
Ms. Cuervo: Yes, sir.
Commissioner Dawkins: OK. Now, if I find it differently...
Ms. Cuervo: You can fire me.
Commissioner Dawkins: Well, now, wait a minute. Do me a favor. Put Ms. Cuervo under oath,
because, see, I'd like for somebody to go to jail if I find out we're wrong.
Mr. Cesar Odio (City Manager): Wait a minute. Wait a minute.
Commissioner Carollo: Wait, wait, wait.
Commissioner Plummer: Put who under oath?
Mr. Odio: I'll do...
Commissioner Dawkins: No, no, no.
Mr. Odio: No. I'll do it, Commissioner. We have not issued a check to these people.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: We have not issued one penny to these people.
330 May 23, 1996
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Commissioner Carollo: To the best of your knowledge, Mr. Manager.
i
Mr. Odio: We have not.
Commissioner Carollo: To the best of your knowledge.
Mr.Odio: Correct.
Mr. Maxwell: Mr. Vice Mayor.
Vice Mayor Gort: Yes, sir.
Mr. Maxwell: It is important that you remember, now, what the issues are before you today.
Vice Mayor Gort: I understand...
Mr. Maxwell: There is an appeal of two determinations. It is the...
Commissioner Plummer: Would you like a motion to defer?
Mr. Maxwell: The issue before you is not whether or not Carrfour builds that facility. It's an
issue of whether or not the determinations are valid or not.
Commissioner Carollo: Well, Mr. City Attorney...
Mr. Maxwell: That's what's before you now.
Commissioner Carollo: I am making a motion to defer this.
Commissioner Plummer: Second the motion.
Commissioner Carollo: And let me say this for the record. If there is something that...
Vice Mayor Gort: It's been moved and seconded.
Commissioner Carollo: If there is something that I will not put up with, it is to see big guys
come bully the little people. And if there is ever a case that I've seen of people trying to bully,
it's this one. You're dealing with men and women that are retired, they're living in low income
housing, that don't have the resources to defend themselves like others do. All they want to do is
be able to live their lives in tranquility. And to see the kind of threats that are being made
against the City of Miami, in the fashion that they've done it... And by going over some of what
I've read here, I can see the pressures that have been applied in trying to use all kinds of contacts
to get through the Administration. You know, this stinks to me. This is unfair, and I think this
Commission has to make a stand. And I will say this to you. Next week, we can sit down. I will
have what I've said to you in hand, and I'll bring some outside counsel from the private sector,
and believe me, I'll bring some heavy weights, so that we could all sit down. And if you
disagree with the opinions that... and case laws that I'll bring you, then we could discuss it. But,
you know, this Commission can't go on like this anymore, of being bullied around, because
we're always being threatened, in one form or another.
Commissioner Dawkins: We got a solution.
Vice Mayor Gort: Commissioner, my understanding is, if we defer this item, we'll have time to
have... come up with a solution.
331 May 23, 1996
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Commissioner Dawkins: We'll have a solution. I think... Let the Manager see if he can come
up for the solution.
Commissioner Carollo: In fact, I am even willing, at the appropriate time, to make a motion, and
one of us, or two of us, or all of us will fly up to Washington, D.C. and meet with Henry
Cisneros, himself.
Ms. Gyori: May I go, please? Could I attend that meeting, too? And I'll bring my
documentation.
Commissioner Plummer: You could take my place.
Vice Mayor Gort: We'll invite you. No problem.
Ms. Gyori: I'm willing to meet the President of the United States, if that's what it takes. This is
ridiculous.
Commissioner Plummer: Which one?
Ms. Gyori: Any one you want.
Vice Mayor Gort: Excuse me, excuse me.
Commissioner Dawkins: My fellow Commissioners...
Vice Mayor Gort: Commissioner Dawkins.
Commissioner Dawkins: It's nine -fifteen, and everybody is tired, OK? Is it possible that the
City Attorney and... I mean the City Manager and the attorney could seek... Mr. Manager, you
have to listen to me, please, sir. Is there any way that this Commission is willing to authorize the
City Manager to meet with their... with the attorney, and work out a solution, and bring it back to
this Commission? Is that agreeable?
Commissioner Plummer: That's the reason for the deferment.
Vice Mayor Gort: That's the motion for deferral.
Commissioner Dawkins: OK.
Vice Mayor Gort: No problem. We have a motion, and there's a second.
Commissioner Dawkins: OK. Yes.
Vice Mayor Gort: Being no further discussion, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous. Thank you, sir.
Commissioner Dawkins: Thank you, sir.
Vice Mayor Gort: Thank you.
332
May 23, 1996
The following motion was introduced by Commissioner Carollo, who moved its adoption:
MOTION NO. 96-364
A MOTION TO CONTINUE CONSIDERATION OF THE BALANCE OF THE
APPLICATION ASSOCIATED WITH AGENDA ITEM PZ-22 (APPEAL FROM
CARRFOUR CORP. CONCERNING 789 N.W. 13 AVENUE REGARDING
RIVERMONT HOUSE, A SPECIAL HOUSING PROJECT) TO THE MEETING
PRESENTLY SCHEDULED FOR JUNE 27, 1996; FURTHER DIRECTING THE
CITY ATTORNEY TO REVIEW RECENT CASE LAW REGARDING SAID ISSUE.
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Item number 3.
Mr. Joel Maxwell (Deputy City Attorney): It's been deferred to the 27th... continued to the 27th.
Commissioner Plummer: That's fine.
Commissioner Carollo: Mr. Shapo... Mr. Shapo, for the record, this has nothing to do with you
personally. I have the utmost respect for you personally. You're doing your job as an attorney...
Commissioner Dawkins: And you were very professional.
Commissioner Carollo: ... so I hope you understand this has got nothing to do with you
personally, whatsoever.
Mr. Shapo: I appreciate that.
May 23, 1996
-------------------------------------------------------------------------------------
83. (A) GRANT SPECIAL EXCEPTION TO ALLOW A COMMUNITY
BASED RESIDENTIAL FACILITY FOR PROPERTY AT 955 N.W. 3
STREET (ZONED G/I GOVERNMENT AND INSTITUTIONAL),
WITH CONDITIONS. [APPLICANT: VICTORIA PARTNERS]
(B) (Continued) CLARIFICATION, IN SPANISH, OF ACTION TAKEN
ON PZ-22. (See label 82)
Commissioner Plummer: All right. Let's do item number 3.
Commissioner Dawkins: All right. Number 3, and we're going home.
Vice Mayor Gort: We've got a few items that we want to do, please. Pocket items, please.
{
Ms. Christina Cuervo (Assistant City Manager): PZ-3?
Commissioner Plummer: PZ-3 is...
Commissioner Dawkins: No, no, no. Cool it.
Commissioner Plummer: PZ-3 is Victoria Hospital.
Ms. Cuervo: Yes. This is a request for a CBRF (community based residential facility) in the
former Victoria Hospital.
Vice Mayor Gort: Excuse me. We'd like to finish these few other ones.
Commissioner Plummer: Is it recommended for approval?
Ms. Cuervo: Yes, with two...
Commissioner Plummer: I move item 3.
Ms. Cuervo: ... two conditions.
Vice Mayor Gort: Excuse me a minute. Excuse me a minute. J.L., excuse me.
Commissioner Plummer: Sir?
Vice Mayor Gort: Excuse me. LA SOLUCION QUE SE TOMO AQUI HOY... LA MOCION
DEL COMISIONADO CAROLLO FUE DEFERIR ESTO, PARA DAR LA OPORTUNIDAD
AL MANAGER DE HABLAR CON ESTAS GENTES, Y LLEGAR A UN ARREGLO CON
ELLOS PARA QUE ESTO NO SUCEDA. OK? Thank you. SI SE VAN, POR FAVOR
CALLADITOS VAMOS SE LO VAMOS A AGRADECER POR QUE TENEMOS DOS
CASOS MAS.
334 May 23,1996
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Commissioner Carollo's motion was to defer this item in order to allow the City Manager to
meet with these people and come to an agreement to avoid this. Please leave quietly, we still
have two more items.
(APPLAUSE)
Commissioner Plummer:
I move item number 3.
Commissioner Dawkins:
Second.
Commissioner Plummer:
Thank you.
Commissioner Dawkins:
Call the roll. Call the roll.
Commissioner Plummer:
Call the roll on item 3.
Commissioner Dawkins:
Call the roll on item 3.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-365
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE
ZONING BOARD TO GRANT A SPECIAL EXCEPTION REQUIRING CITY
COMMISSION APPROVAL, AS LISTED IN ZONING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, G/I
GOVERNMENT AND INSTITUTIONAL, TO ALLOW A COMMUNITY BASED
RESIDENTIAL FACILITY FOR THE PROPERTY LOCATED AT 955 NORTHWEST
3RD STREET, MIAMI, FLORIDA, ZONED G/I GOVERNMENT AND
INSTITUTIONAL, PER PLANS ON FILE, SUBJECT TO THE FOLLOWING: (1) A
TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED; (2) THE FACILITY SHALL BE LIMITED TO PROVIDING SERVICES
FOR FRAIL, ELDERLY PERSONS AND PERSONS WITH CHRONIC
DISABILITIES; AND (3) NO OTHER COMMUNITY BASED RESIDENTIAL
FACILITY USE SHALL TAKE PLACE AT THIS SITE WITHOUT PRIOR CITY
COMMISSION APPROVAL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
335 May 23, 1996
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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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
-- -------------------------------------------------------------------------------------------------------------
84. (A) GRANT SPECIAL EXCEPTION TO ALLOW A DRIVE -THROUGH
FOR COMMERCIAL FACILITY WITH REDUCTION OF
RESERVOIR SPACES AT 222 S.W. 7 STREET / 201-227-231-255-299
S.W. 8 STREET (ZONED C-1 RESTRICTED COMMERCIAL), WITH
CONDITIONS. [.APPLICANT: WALEY INV., N.V.; COCONUT
GROVE BANK; AND BRIDGESTONE INVESTMENTS, INC.]
(B) WITHDRAW APPEAL, BASED ON WITHDRAWN VARIANCE, AT
222 S.W. 7 STREET / 2.01-227-231-255-299 S.W. 8 STREET (ZONED
C-1 RESTRICTED COMMERCIAL).
Commissioner Plummer: Mr. Vice Mayor. Mr. Vice Mayor.
Vice Mayor Gort: Excuse me. There's another case here. There's another item that's not
controversial.
Commissioner Plummer: Yes, sir.
Mr. Joel Maxwell (Deputy City Attorney): This is affirming decision...
Commissioner Dawkins: What is it? What is it? What?
Commissioner Plummer: Vicky, what is yours that's now been resolved?
Ms. Vicky Leiva: Item 5 and 6. They are non -controversial.
Commissioner Dawkins: Five and 6?
Ms. Leiva: We are withdrawing the variance for item 6. We are withdrawing the variance for
item 6. We have been able to redesign the building to one story only, so that all the required
parking can be met on site. This is the new and exciting project on Southwest 8th Street between
2nd and 3rd Avenue, which you have approved part of the funding for a couple of months ago.
Commissioner Plummer: Mr. City Attorney?
Mr. Maxwell: Yes, sir.
Commissioner Plummer: Is everything in order?
336 May 23, 1996
1
Mr. Maxwell: Well, this...
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): I need to get one condition...
? Mr. Maxwell: This is an appeal by a private citizen, but it's my understanding if they have
appealed...
Commissioner Plummer: The private citizen... Did you appeal it, doctor?
i Ms. Leiva: The private citizen is no longer in opposition. They were the two gentlemen that
were sitting over there. They have left.
Mr. Maxwell: They should withdraw their appeal. They're here because it's a moot matter now.
If they've withdrawn the request for variance, then the appeal is moot. But the appeal should be
withdrawn.
1 Commissioner Plummer: I move... Subject to the appeal being dropped, I move item 5.
1
Mr. Maxwell: You need to handle that today. You need to handle that now. Either just deny...
You can do two things. If he... Is the appellant here?
Ms. Leiva: No. They left.
Mr. Maxwell: Deny the appeal.
I
Ms. Leiva: There is no appeal any longer, because we withdraw the variance.
Mr. Maxwell: Yeah.
Commissioner Plummer: Fine. I move item 5, recommended by the City Attorney.
Vice Mayor Gort: Second.
Ms. Leiva: As to item 6...
Commissioner Plummer: Quiet. Did we call the roll? I vote yes.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-366
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE
ZONING BOARD TO GRANT A SPECIAL EXCEPTION REQUIRING CITY
COMMISSION APPROVAL, AS LISTED IN ZONING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 9, SECTION 931.2, REQUIREMENTS FOR RESERVOIR SPACES, TO
ALLOW A DRIVE -THROUGH FOR A COMMERCIAL FACILITY WITH A
REDUCTION OF SAID SPACES. - REQUIRED FOR OTHER DRIVE -THROUGH
FACILITIES OTHER THAN EATING AND DRINKING ESTABLISHMENTS (1ST
LANE; EAST SIDE); 3 SPACES BEFORE THE SERVICE WINDOW, PROPOSED: 2
SPACES BEFORE THE SERVICE WINDOW; REQUIRED FOR EATING AND
DRINKING ESTABLISHMENTS (2ND LANE; WEST SIDE): S SPACES BEFORE
THE SERVICE WINDOW, PROPOSED: 7 SPACES BEFORE THE SERVICE
WINDOW, FOR THE PROPERTY LOCATED AT 222 SOUTHWEST 7TH
STREET/201-227-231-255-299 SOUTHWEST 8TH STREET, MIAMI, FLORIDA,
ZONED C-1 RESTRICTED COMMERCIAL, SUBJECT TO THE FOLLOWING: (1)
A TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST
BE OBTAINED; (2) ONLY THE FOOTPRINT IS APPROVED, PER PLANS ON
FILE, BY THIS SPECIAL EXCEPTION; (3) THE FACADES AND FINAL SITE
PLANS, WITH ANY MODIFICATIONS AS DISCUSSED AT THE URBAN
DEVELOPMENT REVIEW BOARD, SHALL BE SUBJECT TO THE APPROVAL OF
THE COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT; AND (4)
THE APPLICANTS SHALL PROVIDE THE COMMUNITY PLANNING AND
REVITALIZATION DEPARTMENT WITH AN EXECUTED COPY OF A LONG-
TERM LEASE FOR 30 OFFSTREET PARKING SPACES UNDER THE
EXPRESSWAY FOR USE BY THEIR EMPLOYEES.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Plummer: I move item 6 as recommended by the City Attorney.
Ms. Slazyk: I need...
Mr. Maxwell: Just show it as a withdrawn appeal.
Commissioner Plummer: Show it as a withdrawn.
338
i
Mr. Maxwell: Moot, based on the withdrawing of the variance.
Commissioner Plummer: All right. Are we going to do pockets?
Mr. Walter Foeman (City Clerk): I need a seconder, Commissioner.
Ms. Leiva: Item 6 needs to be approved, with the Department's conditions.
Ms. Slazyk: Well, actually, 5 was the special.
Mr. Cesar Odio (City Manager): I need a pocket item from the Fire Department.
Commissioner Plummer: I got it here.
Ms. Slazyk: Five was...
i
Commissioner Dawkins: Hold it. Wait, now. Let's hear from the Administration.
l Ms. Slazyk: Please, just one minute. Five was the special exception. Six was the variance. By
withdrawing the variance, 6 is a moot point. On 5, I just need to add a condition, because
they're going from two story to one story. I need a condition, first of all, for you allowing them
to do a smaller building, and that the site plan, including landscape and illumination, be subject
to our review and approval for the design guides and standards.
Vice Mayor Gort: So be it.
Commissioner Dawkins: So be it.
Ms. Slazyk: That's a revised for 5.
Commissioner Plummer: You ready?
Vice Mayor Gort: OK.
Ms. Slazyk: And 6 is moot.
1
I Commissioner Plummer: You ready?
j
Vice Mayor Gort: Yeah.
Commissioner Plummer: The... I have a lit...
Vice Mayor Gort: The appeal has been...
Commissioner Plummer: I have a litany...
Vice Mayor Gort: Excuse me.
Commissioner Dawkins: Call the roll.
Mr. Foeman: We need to take a roll call.
Commissioner Dawkins: We got to call the roll. We got to call the roll.
339 May 23, 1996
Commissioner Dawkins: Second it. Second.
Vice Mayor Gort: It's been seconded by Commissioner Dawkins.
The following motion was introduced by Vice Mayor Gort, who moved its adoption:
MOTION NO. 96-367
A MOTION ACCEPTING THE FOLLOWING CONDITIONS TO AGENDA ITEM
PZ-5 (SPECIAL EXCEPTION FOR RESERVOIR SPACES TO ALLOW A DRIVE -
THROUGH FOR COMMERCIAL FACILITY AT 222 S.W. 7 STREET/201-227-231-
255-299 S.W. 8 STREET):
1. ALLOWING A SMALLER BUILDING ON SAID PROPERTY;
2. REQUIRING THAT SITE PLAN INCLUDING LANDSCAPING AND
ILLUMINATION BE SUBJECT TO REVIEW AND APPROVAL BY THE
COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT FOR DESIGN
GUIDES AND STANDARDS.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS:
ABSENT:
Ms. Leiva: Thank you.
None.
Mayor Stephen P. Clark
NOTE: At this point, the City Commission closes consideration of
tt ee-Wanning & Zoning agenda to consider items from the Regular
agenda and non -agenda items.
----------------------------------------------------------------------------------------------------------------
85. APPOINT COMMISSIONER CAROLLO TO REMAIN AS CHAIRPERSON
OF MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA).
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: Now, we're going to go and do some of the...
Commissioner Plummer: We're on pockets?
Commissioner Dawkins: Pocket items.
340 May 23, 1996
Commissioner Carollo: Yeah.
Commissioner Dawkins: Oh, wait. No, first thing we got to do is do the Sports Authority.
Commissioner Plummer: Well, I got all of the ones for the Manager.
Commissioner Carollo: Before we go to the pocket items, we need to...
Commissioner Plummer: I got a number of them, Joe.
Commissioner Carollo: Yeah, well, but before we finish, we need to do the housekeeping in the
Sports Authority.
Commissioner Plummer: That's fine.
Commissioner Dawkins: Let's do that first.
Commissioner Carollo: Yeah. We If you could do your appointments and...
Commissioner Dawkins: No, wait. We got to be...
Commissioner Carollo: You have to name a chairman to it and...
Mr. Cesar Odio (City Manager): Joe, Joe...
Commissioner Carollo: You have to each name an appointment to the Sports Authority.
Commissioner Plummer: Oh.
Vice Mayor Gort: OK.
Commissioner Carollo: Because there is no board now.
Commissioner Dawkins: I guess Joe will have to remain the Chairman, because J.L. don't want
it, and I don't want it.
Commissioner Plummer: Well, I'll take it. That way, I don't have to make a decision on who
I'm appointing.
Vice Mayor Gort: Go ahead, Miller, make the motion.
Commissioner Dawkins: I move that Joe remain Chairperson.
Commissioner Plummer: I have no objection to that.
Vice Mayor Gort: OK. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
341 May 23, 1996
r
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-368
A RESOLUTION REAPPOINTING COMMISSIONER JOE CAROLLO AS
CHAIRPERSON OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A
TERM OF OFFICE EXPIRING MAY 31, 1997.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Dawkins: Now, who's going... I'll hold my appointment. I don't know who I
want. I got two. I don't know which of the two I'm keeping.
Vice Mayor Gort: I've got the same problem. I got a letter here from the Mayor stating that he
would like to appoint Steven Nuell.
Commissioner Dawkins: Good man.
Vice Mayor Gort: Steven Nuell.
Commissioner Dawkins: All right. So that's...
Vice Mayor Gort: I'll make my appointment... I'll give it to you tomorrow or day after
tomorrow.
Commissioner Plummer: Well, excuse me. If the Mayor has done that, he has taken me off the
hook, because that was my second appointment. So I will appoint my son-in-law, for the record.
Commissioner Carollo: Well, you know what? If you want, what we could do is just defer the
whole item for the others.
Commissioner Plummer: OK.
Commissioner Dawkins: No, no, you got three.
Commissioner Carollo: No, no. Let's defer it all. OK? Let's defer it all.
Vice Mayor Gort: Hey, you need your board, don't you?
Commissioner Carollo: Let's go... Well, the board could hold. Let's just defer it all. OK? You
know, I would much rather prefer for the Mayor to come, so that he could present the
appointment that he wants himself here, when he comes back at the next meeting.
Vice Mayor Gort: OK.
Commissioner Carollo: And everybody can think it through again to make sure that they have
the person they want.
Commissioner Dawkins: Right.
i
Commissioner Plummer: OK. Can I now go into my pockets?
Commissioner Carollo: Of course.
Commissioner Plummer: A resolution...
Commissioner Carollo: So we only have one person that was named, then, which is myself. At
least I could...
Commissioner Dawkins: That's it. Mm-hmm.
Commissioner Carollo: ... handle business there.
Commissioner Dawkins: And the board remains the same until we appoint somebody else.
Commissioner Carollo: That's right.
Commissioner Plummer: All right. A resolution authorizing...
A. Quinn Jones, 111, Esq. (City Attorney): The board... The board will only be intact until the
end of May.
Commissioner Dawkins: That's OK.
Commissioner Carollo: No. The board will be intact until tonight.
Mr. Jones: My understanding is that appointments are up at the end of May.
Commissioner Carollo: No. No.
Commissioner Dawkins: Yeah, but...
343 May 23, 1996
I Commissioner Carollo: The appointments were up May the Sth.
i
Commissioner Dawkins: No. No, wait now. Wait, Mr. City Attorney. Correct me if I'm
wrong.
Commissioner Carollo: And when we made the... When we made the ordinance today, the
emergency ordinance, that means the whole board was wiped.
Commissioner Plummer: As of today.
Commissioner Carollo: As of today.
Commissioner Plummer: That's correct.
Commissioner Carollo: So as of now...
Mr. Jones: But what I'm saying, you can't have it both ways. You can't wipe it out, and then
tell the board that they're going to continue to operate.
Commissioner Carollo: No. We're not saying that at all.
Mr. Jones: Oh, I thought that's what you were saying. I apologize.
Commissioner Carollo: No, no, no. What I'm saying is that right now, there's only one
appointment, which is myself. And...
Commissioner Plummer: Yea, but the problem, Joe, is you can't conduct business...
Commissioner Carollo: You cannot. No, you cannot, but you have...
Commissioner Dawkins: The board...
Commissioner Carollo: You have an Executive Director, you have other people in place that can
conduct the business of MSEA (Miami Sports and Exhibition Authority). And I will tell you
now, J.L., there is nothing, nothing pressing that the board needs to handle right now.
Commissioner Plummer: OK. Fine.
Commissioner Dawkins: Well, let me ask for... OK, we're finished with that, but let me ask for
information. No, I'll leave that alone, because I... I mean, I'll... Come here, Joel. Joel.
------------------------ ---------------------------------------------------------------------------------------
86. AUTHORIZE MANAGER TO SEEK EMERGENCY BIDS -- FOR
ESTABLISHMENT OF AN EMERGENCY OPERATIONS CENTER AT FIRE
TRAINING FACILITY (3425 JEFFERSON STREET, COCONUT GROVE).
Commissioner Plummer: Can I start on these pockets, please?
Commissioner Dawkins: Yeah, take them and put them in your pocket.
Commissioner Plummer: No, I ain't putting them in my pocket.
344 May 23, 1996
Vice Mayor Gort: Go ahead.
Commissioner Plummer: This is from the Manager. A resolution authorizing the City Manager
to seek informal bids on an emergency basis in the most expeditious manner possible for the
establishment of emergency operation center to be located at the Fire Training Facility, 3425
Jefferson Street, Coconut Grove, Florida; directing the City Manager to bring back said bids for
Commission approval. I so move.
Vice Mayor Gort: Is there a...
Commissioner Plummer: Seconded by Commissioner Dawkins.
Commissioner Dawkins: Go ahead, yeah.
Commissioner Plummer: OK?
Vice Mayor Gort: Is there any further discussion?
Commissioner Plummer: All in... Aye, yes. Aye.
Vice Mayor Gort: All in favor, state so by saying "aye."
The Commission Collectively: Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-369
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SEEK INFORMAL
BIDS ON AN EMERGENCY BASIS AND IN THE MOST EXPEDITIOUS MANNER
POSSIBLE FOR THE ESTABLISHMENT OF AN EMERGENCY OPERATIONS
CENTER, TO BE LOCATED AT THE FIRE TRAINING FACILITY, 3425
JEFFERSON STREET, COCONUT GROVE, FLORIDA; FURTHER DIRECTING
THE CITY MANAGER TO BRING BACK SAID BIDS FOR COMMISSION
APPROVAL.
(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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
345 May 23, 1996
----------------------- --------------------------------------------------------
87. EMERGENCY ORDINANCE: AMEND CODE TO CHANGE QUORUM
REQUIREMENTS VOR INTERNATIONAL TRADE BOARD (ITB).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: An ordinance related to the International Trade Board, amending the
Code of the City of Miami, Florida, as amended, to change the quorum requirements of ITB to
be a majority of the members present in the meeting, more particularly by amending Sections
24222-A and 24431 of said Code; containing a repealer provision and a severability clause,
providing for an effective date. This is the same thing you did for me at Bayfront Park. I so
move.
Vice Mayor Gort: Is there a second?
Commissioner Plummer: Seconded by Dawkins.
Commissioner Plummer: All in favor, say "aye."
Vice Mayor Gort: Any discussion? All in favor state...
Commissioner Plummer: A resolution...
Vice Mayor Gort: Wait a minute, J.L. Wait, wait.
Commissioner Carollo: Didn't we approve that thing before, J.L.?
Commissioner Plummer: That was for Bayfront Park. This is for the ITB.
Commissioner Carollo: Oh, sure. Yeah.
Commissioner Dawkins: I don't know why you all give J.L. everything he wants for the ITB.
Vice Mayor Gort: All in favor, state so by saying "aye."
The Commission Collectively: Aye.
T-1
An Ordinance entitled -
AN EMERGENCY ORDINANCE RELATED TO THE INTERNATIONAL
TRADE BOARD ("ITB"); AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO CHANGE THE QUORUM REQUIREMENTS
FOR THE ITB TO BE A MAJORITY OF THE MEMBERS PRESENT AT A
MEETING; MORE PARTICULARLY BY AMENDING SECTIONS 2-422(a)
AND 2-431 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11369.
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.
347
May 23, 1996
----------------------------------------------------------------------------------------------------------------
88. ACCEPT BID: FREEPORT FOUNTAINS, INC. ($149,725, TOTAL BASE
BID) -- FOR PROJECT: MILDRED AND CLAUDE PEPPER FOUNTAIN
RENOVATION, B-6261 -- ALLOCATE FUNDS FROM CIP.
Commissioner Plummer: A resolution accepting the bid of Freeport Foundations, Inc., in the
proposed amount of one forty -nine -seven -twenty-five total, base bid of the proposal for the
project entitled Mildred and Claude Pepper Fountain Renovation, B6261, with monies thereof
allocated from the fiscal year '95/96 Capital Improvements Ordinance Number 11337...
Commissioner Dawkins: Wait, hold it, hold it, hold it.
Commissioner Plummer: I'm holding it.
Commissioner Dawkins: You're talking about capital improvements, or are you talking about
the... their budget? What budget are you...
Commissioner Plummer: We're talking about capital improvements, that... the redoing of the
fountain that has been completely rebuilt, really.
Commissioner Dawkins: Is the money coming from Bayfront Park, or from my general fund?
Commissioner Plummer: No, from capital improvements. May I continue?
Commissioner Dawkins: Continue.
Commissioner Plummer: ... as amended by CIP Number 331394 and CIP Number 332064 in the
amount of one forty -nine -seven -twenty -five -zero -zero to cover the contract cost of one thousand
twelve hundred... one thousand two hundred dollars (sic) to cover the estimated expense,
estimated total cost of one five-o-nine-two-five-o-o-o, and authorizing the City Manager to
execute a contract in a form acceptable to the City Attorney with said firm. I so move.
Commissioner Dawkins: A hundred and fifty thousand dollars ($150,000)
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: To fix a fountain that don't work.
Commissioner Plummer: For the fountain.
Commissioner Dawkins: Call the roll.
Vice Mayor Gort: Is there a second?
Commissioner Dawkins: Yes.
' iaye. �fce Mayor Gort: Second. OK. Any discussion? Being none, all in favor, state so by saying
The Commission Collectively: Aye.
348 May 23, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-370
A RESOLUTION ACCEPTING THE BID OF FREEPORT FOUNTAINS, INC., IN
THE PROPOSED AMOUNT OF $149,725.00, TOTAL BASE BID OF THE
PROPOSAL FOR THE PROJECT ENTITLED: "MILDRED AND CLAUDE PEPPER
FOUNTAIN RENOVATION, B-6261"; ALLOCATING FUNDS THEREFOR FROM
PROJECT NUMBERS 331394 AND 332064 AS APPROPRIATED BY CAPITAL
IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF
$149,725.00 TO COVER THE CONTRACT COST AND $1,200.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $150,925.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
------------------------------------ ---------------------------------------------------------------------------
89. ACCEPT BID: PEERSON AUDIO -- FOR SOUND SYSTEM FOR TINA
HILLS PAVILION IN MILDRED AND CLAUDE PEPPER BAYFRONT
PARK -- ALLOCATE FUNDS ($17,056 FROM CIP 331305).
Commissioner Plummer: A resolution accepting the bid of Peerson Audio for the provision of
a...
Commissioner Dawkins: No, no, no. Pull that one. No.
Mr. Cesar Odio (City Manager): It's not related to me.
Commissioner Dawkins: No, no. I've gone through enough of the Manager's stuff.
Commissioner Plummer: No, no, this is not. This is mine.
Commissioner Dawkins: I'm not going to let J.L. Plummer put nothing through for the
Manager.
Commissioner Plummer: This is mine. No, this is mine.
349
May 23, 1996
i
Vice Mayor Gort: This is J.L.'s.
Commissioner Dawkins: I call the rule on that one.
Commissioner Plummer: No. The hell you say.
Commissioner Dawkins: I call the rule on that one.
Commissioner Plummer: A resolution accepting the bid of Peerson Audio for the provision of
sound system for the Tina Hills Pavilion in the Mildred and Claude Pepper Bayfront Park, in an
amount not to exceed one-seven- o-five-six- one -six, allocating funds there from the Capital
Improvements Account Number 331305; authorizing the Chief... City Manager to instruct the
Chief Procurement Officer to issue a purchase order for said equipment. I so move. Hello?
Commissioner Dawkins: I second. And any others you got, I call... and I call the rule.
Commissioner Plummer: All right. This other one is for Christ the King Church.
Commissioner Dawkins: I wouldn't care if it was for Miller Dawkins Cathedral, I call the rule.
Vice Mayor Gort: OK. Any further discussion? Being none, all in favor, state so by saying
11aye
.11
The Commission Collectively: Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-371
A RESOLUTION ACCEPTING THE BID OF PEERSON AUDIO FOR THE
PROVISION OF A SOUND SYSTEM FOR THE TINA HILLS PAVILION IN THE
MILDRED AND CLAUDE PEPPER BAYFRONT PARK, IN AN AMOUNT NOT TO
EXCEED $17,056.16; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROGRAM, ACCOUNT NO. 331305; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
350 May 23, 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
------------ ----------------------------------------------------------------------------------------------------
90. GRANT REQUEST BY CHRIST EPISCOPAL CHURCH FOR FEE WAIVER
(COCONUT GROVE EXHIBITION CENTER) -- FOR FUND-RAISING
EVENT FOR ITS SCHOLARSHIP PROGRAM (MAY 24, 1996).
Commissioner Dawkins:
I call the rule on anything else J.L.'s got.
Commissioner Plummer:
Excuse me. This is a fund that is coming up. They want to waive the
fee on Dinner Key Auditorium. You go tell that you just heard this item.
A. Quinn Jones, II1, Esq.
(City Attorney): What group is this?
Commissioner Plummer:
This is the one for Christ the King.
Commissioner Dawkins:
You should have read... If that one was important, you should have
read that one first.
Commissioner Plummer:
True. It's for a scholarship fund.
Commissioner Dawkins:
What? For who?
Commissioner Plummer:
For a scholarship fund for Christ the King,
Commissioner Dawkins:
Who? Who is it?
Commissioner Plummer:
Christ the King Church
Commissioner Dawkins: Christ the King Church?
Commissioner Plummer: Yes.
Commissioner Dawkins: Who is Christ the King Church?
Commissioner Plummer: Down here with , Father Gibson's old church.
Commissioner Dawkins: That's Christ Episcopal. That ain't no Christ the King.
Commissioner Plummer: I'm sorry. Christ Episcopal. Episcopal ain't nothing but a Catholic
that flunked Latin.
351 May 23, 1996
Commissioner Carollo: You know, J.L., for a guy that's in the business you're in, you better get
your churches right.
Commissioner Plummer: It's a scholarship. It's a dance.
Vice Mayor Gort: J.L.
Commissioner Plummer: It's a dance.
Commissioner Dawkins: Let's go.
Commissioner Plummer: Well, then, I'm fine. Thank you. Now, I have one final thing.
Vice Mayor Gort: Excuse me J.L. J.L., excuse me.
Commissioner Plummer: Sir.
Vice Mayor Gort: It was moved, it was seconded. Is there any discussion? Being none, all in
favor, state so by saying "aye."
The Commission Collectively: Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-372
A RESOLUTION RELATED TO A FUND-RAISING EVENT TO BENEFIT CHRIST
EPISCOPAL CHURCH'S SCHOLARSHIP PROGRAM; WAIVING THE RENTAL
FEE, IN AN AMOUNT NOT TO EXCEED $4,200, ON MAY 24, 1996 FOR USE OF
THE COCONUT GROVE EXHIBITION CENTER FOR SAID EVENT; SAID
WAIVER CONDITIONED UPON THE ORGANIZERS: (1) PAYING FOR ALL
OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT
THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS
AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
352 May 23, 1996
IN
-----------------------------------------------------------------------------------------------------------
91. DIRECT CITY ATTORNEY TO ADOPT METROPOLITAN DADE
COUNTY'S RULES FOR CITY'S GRAFFITI PROGRAM.
Commissioner Plummer: The other one is an announcement, OK? The announcement is, I
asked the Chief of Police to come back this afternoon, which he has done, with the graffiti
programs. Let me give you...
Mr. Cesar Odio (City Manager): It's pronounced "graffiti."
Commissioner Plummer: Graffiti. He has come up with the responsibility that they will put up
to ten thousand dollars ($10,000) in a GRASP (Gang Reduction Activities & Sports Programs)
unit. They will publish a graffiti hotline number of 579-6518.
Commissioner Dawkins: And that is not important enough to be a pocket item. It can wait till...
Commissioner Plummer: It's not a pocket item.
Commissioner Dawkins: It can wait till...
Commissioner Plummer: It is an announcement.
Commissioner Dawkins: It can wait till the next announcement.
Vice Mayor Gort: Thank you.
Commissioner Plummer: Presently, under the GRASP Grant, the detail personnel are
conducting graffiti paint -outs once a month. If you get hit with the spray can, if you'll call this
number, once a month, they will go around and paint, so that they can, hopefully, eliminate this
scenario.
Vice Mayor Gort: Very good.
Commissioner Plummer: I follow... Wait a minute. I ask of the City Attorney's Office that we
adopt the identical rules, which are very, very good, by Dade County, to make them as a part the
City...
Commissioner Dawkins: I call the rule, and you have to send that to me to read.
Commissioner Plummer: I'll send it to you, you dirty devil.
Commissioner Dawkins: I'm not going to do that. I call the rule, and you send it to me to read
it.
Vice Mayor Gort: OK.
Commissioner Dawkins: OK. Go ahead.
353 May 23, 1996
IN
19
------------------------------------------------------------ ---------------------------------------------------
92. AUTHORIZE FUNDING OF YOUTH SUMMER EMPLOYMENT PROGRAM
IN OVERTOWN -- ALLOCATE FUNDS ($10,000) FROM LAW
ENFORCEMENT TRUST FUND (LETF).
Commissioner Carollo: Mine is short. This is a pocket item that... Well, it's a pocket item
emergency ordinance during... I will propose the attached ordinance to provide up to ten
thousand dollars ($10,000) for the Overtown NET (Neighborhood Enhancement Team) Summer
Youth Employment Program. The identified sources of funds is the Law Enforcement Trust
Fund, pending the Police Chief's certification that the program is in accordance with Florida
statutes. So it would have to be read in first and second reading. Do we have a City Attorney
anywhere around here?
Mr. Cesar Odio (City Manager): Yes.
Vice Mayor Gort: City Attorney?
Commissioner Plummer: No, he quit.
Vice Mayor Gort: Mr. City Attorney, there's a question out here.
A. Quinn Jones, III, Esq. (City Attorney): I'm, sorry. It's a resolution?
Commissioner Carollo: It's a...
Mr. Jones: What is it, now?
Commissioner Carollo: It's a pocket item for an emergency ordinance. I understand this has to
be presented in an ordinance.
Mr. Jones: And what's the question?
Commissioner Carollo: No. I want you to read it in...
Mr. Jones: Oh, OK.
Commissioner Carollo: You know, like you usually do. Play David Copperfield.
Mr. Jones: Disappear.
Ms. Miranda Albury (NET Administrator, Overtown): Commissioner, I believe it's just a
resolution, not an ordinance.
Commissioner Carollo: Well, we'll do it in the form of a resolution.
Mr. Jones: It's a resolution.
Commissioner Carollo: Yeah. OK.
Commissioner Dawkins: All right. OK. You move it?
354 May 23, 1996
Vice Mayor Gort: OK. He moved it. Seconded by Commissioner Dawkins. Any discussion?
Being none, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-373
A RESOLUTION AUTHORIZING THE FUNDING OF A YOUTH SUMMER
EMPLOYMENT PROGRAM, WITHIN THE OVERTOWN AREA, IN THE AMOUNT
OF $10,000; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE
STATUTES, SECTION 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
93. BRIEF DISCUSSION CONCERNING WATERFRONT ADVISORY BOARD.
Commissioner Carollo: The second one that I have, which is also a resolution - or this one
maybe has to be an ordinance - will be to stagger the terms of the office of the board members of
the Waterfront Advisory Board.
A. Quinn Jones, III, Esq. (City Attorney): That's going to require a Code amendment, so that
should be an ordinance.
Commissioner Carollo: OK.
Mr. Jones: Do you want to do it on... do it as an emergency? Or do you want to do it as a first...
Commissioner Carollo: How would you all like to do it?
Commissioner Plummer: Well, excuse me. Wait a minute.
Vice Mayor Gort: Excuse me.
355 May 23, 1996
Commissioner Plummer: Whoa, whoa, whoa. Damnit. Am I not a Commissioner?
Mr. Cesar Odio (City Manager): No.
Commissioner Plummer: Oh, I'm not.
Vice Mayor Gort: Yes. We're waiting on you. You got to follow the guidelines.
Mr. Odio: It's for one year.
Commissioner Carollo: Yeah.
I Commissioner Plummer: All right. If we're going to consider what I had earlier talked about,
Joe...
i Commissioner Carollo: New, one year. You're right. This is moot then.
Commissioner Plummer: ... that one year terms for all of these board members...
Commissioner Carollo: Yeah, you're right. This will be moot, then. That's fine.
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Commissioner Plummer: ... will take care of that.
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Commissioner Carollo: Yeah, yeah. That would take care of it. This is a request they sent.
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94. GRANT FUNDING REQUEST BY ALLAPAfTAH COMMUNITY AGENCY,
INC. TO CONTINUE PROVIDING SOCIAL SERVICES TO THE ELDERLY --
i ALLOCATE FUNDS ($25,836).
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Commissioner Plummer: You got any, Dawkins?
Commissioner Dawkins: No, sir.
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Commissioner Plummer: How could I not vote against you?
Vice Mayor Gort: Wait a minute. Excuse me.
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Commissioner Carollo: Last, last that I have, then, would be... I don't know how we could do
G this. This is for the Allapattah Community Action, Inc., place. We need to be
able to put twenty-five thousand eight hundred and thirty-six dollars ( 25,836) back.
Commissioner Plummer: Second the motion.
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Mr. Cesar Odio (City Manager): Wait a minute.
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Commissioner Plummer: Same as we did last year.
Commissioner Carollo: Same as last year.
356 May 23, 1996
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Vice Mayor Gort: OK. It's been moved and seconded. Any discussion? Being none, all in
favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Thank you.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-374
A RESOLUTION ALLOCATING $25,836 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENCY FUND, TO ALLAPATTAH COMMUNITY ACTION,
INC., TO CONTINUE PROVIDING SOCIAL SERVICES TO THE ELDERLY IN THE
ALLAPATTAH TARGET AREA; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH SAID AGENCY FOR THIS 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:
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AYES: Commissioner Joe Carollo
j Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
95. URGE U.S. HOUSE OF REPRESENTATIVES AND SENATE TO
INCORPORATE LANGUAGE IN IMMIGRATION REFORM BILLS (H.R.
2202 AND S-1664) TO ENSURE THAT LEGAL IMMIGRANTS WOULD
NOT BE DENIED PUBLIC BENEFITS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Miller, do you have any?
4 Commissioner Dawkins: I don't have any.
Vice Mayor Gort: OK. I got two pocket items. As you all will recall, the U.S. House of
Representatives and the U.S. Senate has incorporated... We'd like to incorporate language into
the Immigration Reform Bill, HR2202 and Senate Bill 1664, where we want to make sure that
the residents, legal residents that we have here in the City of Miami do receive their help and
necessary dues.
Commissioner Dawkins: So move.
357 May 23, 1996
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Vice Mayor Gort: You all have a copy of it.
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Commissioner Dawkins: Yes.
Commissioner Plummer: Second.
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Vice Mayor Gort: OK.
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Commissioner Dawkins: Call the roll.
Vice Mayor Gort: OK. It's been moved and seconded. Any discussion?
Commissioner Dawkins: Call the roll, call the roll.
4 Vice Mayor Gort: OK.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
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RESOLUTION NO. 96-375
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE U.S. HOUSE
OF REPRESENTATIVES AND THE U.S. SENATE TO INCORPORATE
LANGUAGE IN THE IMMIGRATION REFORM BILLS (H.R. 2202 AND S-1664),
CURRENTLY UNDER CONSIDERATION BY THE CONFERENCE COMMITTEE,
ENSURING THAT THOSE PERSONS LIVING IN THE UNITED STATES WHO
HAVE LEGAL IMMIGRATION STATUS BUT WHO ARE NOT U.S. CITIZENS,
WOULD NOT BE DENIED PUBLIC BENEFITS, DIRECTING THE CITY CLERK
TO TRANSMIT COPIES OF THIS RESOLUTION TO THE SPEAKER OF THE
HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE U.S. SENATE,
CHAIR OF THE CONFERENCE COMMITTEE, AND THE MEMBERS OF THE
FLORIDA CONGRESSIONAL DELEGATION.
(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:
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! AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
i.
j NAYS: None.
ABSENT: Mayor Stephen P. Clark
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358 May 23, 1996
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96. URGE DOWNDOWN DEVELOPMENT AUTHORITY (DDA) TO ENTER
INTO LEASE AGREEMENT WITH HINES INTEREST L.P. -- FOR OFFICE
SPACE IN FIRST UNION FINANCIAL CENTER, 200 SOUTH BISCAYNE
BOULEVARD (18TH FLOOR).
Vice Mayor Gort: I have two more.
Commissioner Plummer: Is that it?
Vice Mayor Gort: No. I have two more. This is the DDA (Downtown Development Authority).
As you all know, the Board of Directors approved the contract to sign the lease for the DDA for
the new office building. I need a resolution.
Commissioner Dawkins: Do you recommend it?
Vice Mayor Gort: Yes, sir, we do.
Commissioner Plummer: What do you need a new office for?
Vice Mayor Gort: Yes, we're moving to the new office building.
Commissioner Plummer: What's wrong with where you are now?
Vice Mayor Gort: It's lousy.
Commissioner Plummer: But it's cheap.
Vice Mayor Gort: I know, but it doesn't... It was approved by the board and the individuals.
Commissioner Plummer: How much is the new one?
Vice Mayor Gort: I don't have the numbers right here now.
Commissioner Carollo: Commissioner, if this is what you're presenting, I'm not going to get
into whether it's right or whether it's wrong. I will go along with what you, as Chairman of the
DDA, are giving us. So you have my vote. I'll make the motion for it.
Vice Mayor Gort: OK. There's a motion. Is there a second?
Commissioner Dawkins: I second, and I'm going to vote against it so it will be a two/two tie,
and then die.
Vice Mayor Gort: It's moved and seconded.
Commissioner Dawkins: Yeah. Call the roll.
Vice Mayor Gort: Call the roll.
359
May 23, 1996
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The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-376
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
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE DURING ROLL CALL:
Mr. Walter Foeman (City Clerk): Roll call. Commissioner Carollo.
Commissioner Carollo: Yes.
Mr. Foeman: Commissioner Dawkins.
Commissioner Dawkins: No.
Mr. Foeman: Commissioner Plummer: No.
Mr. Foeman: Vice Mayor Gort.
Vice Mayor Gort: Yes.
Commissioner Dawkins: It dies because it's a tie vote.
Vice Mayor Gort: Okey-duke.
360 May 23, 1996
Commissioner Plummer: Now, you want to make us a deal?
Vice Mayor Gort: Next one.
Commissioner Plummer: You want to make us a deal?
Commissioner Dawkins: No. Well, we vote yes. We vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Vice Mayor Gort: OK. The last one is... You all have a copy of a request...
Commissioner Plummer: It doesn't bother him. I mean, he wasn't even nervous about it.
Vice Mayor Gort: We passed it. We passed it.
Commissioner Plummer: Oh, my gosh.
----------------------------------------------------------------------------------------------------------------
97. APPROVE MARTHA FLORES AND SAMMY TO BE INCLUDED IN STARS
OF CALLE OCHO PROJECT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: We have a request from the stars of Calle Ocho. As you all recall, part of the
agreement is that they had to sign. They have to be approved by us before the stars of Calle
Ocho...
Commissioner Dawkins: Move it.
Vice Mayor Gort: No, wait a minute.
Commissioner Carollo: No, no, no. I'll call it, otherwise.
Commissioner Plummer: I got a problem.
Commissioner Carollo: I have a major problem with what's been going on in this whole thing
now.
Commissioner Dawkins: All right. Defer it.
Commissioner Carollo: The only thing that I would be willing to make a motion for - and I
don't care if they want to do it, if the City wants to do it, or if we get somebody new to do it - is
to approve a star for Martha Flores and Sammy. That's all, yeah. But only Marta Flores and
Sammy. I'm going to stop there from then on.
Vice Mayor Gort: So what you're saying, you're approving Martha Flores and Sammy.
Commissioner Carollo: That's right.
Vice Mayor Gort: OK.
361
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Commissioner Carollo: From then on, if they want to do it or if they don't, we'll do it or we'll
get someone else to do it. From then on...
Vice Mayor Gort: OK. The motion is to approve Sammy and Martha Flores.
Commissioner Carollo: From the on, we'll take it from there.
Commissioner Plummer: Second.
Vice Mayor Gort: It's been moved and seconded. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 96-377
A RESOLUTION APPROVING THE INSTALLATION OF MARBLE STARS ON
THE CALLE OCHO WALK OF FAME IN HONOR OF SAMMY AND MARTHA
FLORES.
(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
NAYS: None.
{ ABSENT: Mayor Stephen P. Clark
Vice Mayor Gort: Thank you all, and have a good day.
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362 May 23, 1996
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THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:36 P.M.
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j WIFREDO GORT
VICE MAYOR
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
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363 May 23, 1996
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