HomeMy WebLinkAboutCC 1996-06-13 Minutesw
WALTER J. FOEMAN
CITY CLERIC
tt
INDEX
MINUTES OF REGULAR MEETING
June 13, 1996
ITEM
PAGE
SUBJECT
LEGISLATION
NO.
NO.
1.
(A) AMMUMMM SING FIREWORKS
DISCUSSION
2
DISPLAY AT (1) BAYFROW PARK ON JULY
6/13/96
4TH, AND (2) MIAMI CEN'D0NIALA BIRTHDAY
CELEBRATION ON JULY 28M
(B) ANNOUNCEt4W CONCERNING A CERC40NY
IN HONOR OF THE LATE MAYOR STEPHEN P.
CLARK AT TERMINAL 12, PORT OF MIAMI, AT
7:00 P.M., JUNE 20TH.
2.
(A) CONSENT' AGENDA -- MISCEL[ANEOUS
DISCUSSION
3-7
COMMENTS.
6/13/96
(B) DIRECT ADMINISTRATION TO HAVE
POLICE DEPT. ADDRESS GROWING GRAFFITI
PROBLEM -- PRESENT PROPOSED PLAN.
2.1 ACCEPT BID: TERRY PARKE -- FOR
FURNISHING BLACKSMITH / FARRIER
SERVICES -- FOR DEPA W0gT OF POLICE --
ALI=TE FUNDS ($11,952).
2.2 ACCEPT BID: SAFETY EQUIPMENT CO.
FOR FURNISHING FIRE FIGRTING HOSES
FOR FIRE -RESCUE DEPT. -- ALLOCATE FUNDS
($15,000).
2.3 ACCEPT BID: MIAMI FIRE EQUIPMENT,
INC. -- FOR FURNISHING FIRE
EXTINGUISHERS / INSPECTIONS / TESTING /
REPAIRS -- TO VARIOUS CITY DEPTS. ON
AS -NEEDED BASIS -- ALLOCATE FUNDS.
2.4 ACCEPT BID: JULES BROT%ERS� UNIFORMS,
INC. -- FOR FURNISHING WORK UNIFORMS --
TO VARIOUS CITY DEPTS. ON AS -NEEDED
BASIS -- ALtACATE FUNDS.
2.5 ACCEPT BID: CLASSIC PRINTING GROUP
FOR PRINTING OF POLICE DEPT. ANNUAL
REPORT -- FOR DEFT. OF GSA / SOLID
WWM -- ALLOCATE FUNDS ($8, 743) .
R 96-379 7
6/13/96
R 96-380 8
6/13/96
R 96-381 8.
6/13/96
R 96-382 9
6/13/96
R 96-383 9
6/13/96
2.9 CLAIM SETTLEMENT:
($85,000).
R 96-384 10
6/13/96
R 96-385
6/13/96
R 96-386
6/13/96
ELIOR ANGAIN R 96-387
6/13/96
2.10 CLAIM SETTLEMENT: WILLIE
($78,026, PLUS $2,146.95 COSTS).
2.11 CLAIM SETTLEMENT:
($9,500).
2.12 CLAIM SETTLEMENT:
($45,000).
TERREIL R 96-388
6/13/96
GEORGE JOCHEM R 96-389
6/13/96
GE3ORGINA FLARES R 96-390
6/13/96
2.13 AU MRIZE MANGER TO EXECUTE AGREEMERr
WITH AICALDE & FAY -- FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SERVICES
STING FEDERAL LEGISLATION WHICH
IMPACTS UPON CITY OF MIAMI -- ALWCATE
FUNDS ($49,950, PLUS ($15,000
REIMBURSABLE EXPENSES).
2.14 AUTHORIZE MANWER TO ENTER INTO
AGREEMENT WITH EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES -- FOR USE
OF OFFICE SPACE IN OM[QI INTERNATIONAL
MAIL (1601 BISCAYNE BLVD.).
R 96-391
6/13/96
R 96-392
6/13/96
10
11
11
12
12
12-13
13
13
4.
5.
R 96-393
6/13/96
R 96-394
6/13/96
R 96-395
6/13/96
APPOINT NARY ANN DAVID, MIRTHA GUERRA R 96-396
AGUIRRE & CLIFTON ADDISON TO SERVE ON 6/13/96
AUDIT ADVISORY COMMITTEE.
APPOINT DINO G. GALARDI, AIAN WEISBERG, R 96-397
STEPHANIE KERR, JO ANN PEPPER, RUI'H 6/13/96
GREENFIELD, TINA HILLS & JIM McDONALD
TO SERVE ON BAYFRONT PARK MANAGEMENT
TRUST.
APPOINT GUY SArKHEZ & VALRIA SCREEN TO R 96-398
SERVE CN BUDGET AND FINANCES REVIEW 6/13/96
COMMITTEE.
APPOINT DOROTHY QUINTANA, MILLER R 96-399
DAWKINS, IRBY MCKNIGHT, ANGEL URQUIOLA, 6/13/96
EMILIO LOPEZ & MARIO PESTONIT TO SERVE
ON CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD.
APPOINT SKY SMITH, JACK KING, CARMEN R 96-400
DAVIS & TED STAHL TO SERVE ON COCONUT 6/13/96
GROVE STANDING FESTIVAL COMMITTEE --
WAIVE RESIDENCY REQUIREMENT FOR CARMEN
DAVIS.
APPOINT JANET COOPER & NORA SWAN TO R 96-401
SERVE ON THE COMMISSION ON THE STATUS 6/13/96
OF WC1MEN.
14
14
15-18
19-20
20-22
22-24
24-26
26-27
27-28
10.
APPOINT CHARLES R. BEBER, REV. RICHARD
R 96-402
28-29
M. BARRY & DEANA LEE PONSO TO SERVE ON
6/13/96
IMAM FACILITIES AUTHORITY.
11.
APPOINT ALBERTO GONGORA, JULIAN
R 96-403
29-30
LINARES, DWAYNE WYNN, RICARDO NUNEZ
6/13/96
PORTUIONDO, ANTONIO LLANO N1ONTES, JOHN
GALE, IBRAHIM MALKI-KAWA, RAFAEL
GARCIA-MEDO, JR. , VICKY LEIVA & WAL DO
CAS RO-MOLLEDA TO SERVE ON THE
INTERNATIONAL TRADE BOARD (ITB).
12.
APPOINT MARIO PESTONIT, ORLANDO
R 96-404
30-32
NARANJO, HECTOR GA,SCA & JOSE NAVARRO TO
6/13/96
SERVE ON THE LATIN QUARTER REVIEW
BOARD.
13.
APPOINT GUILL,ERMO REVUELTA & CAROLYN
R 96-405
32-33
COPE TO SERVE ON THE NUISANCE ABATEMENT 6/13/96
BOARD.
14. (A) APPOINT FRED JOSEPH TO SERVE ON THE
PERFORMING ARTS CENTER TRUST (PACT) .
(B) RECOGNIZE WILLIAM BAYER'S YEARS OF
HONORABLE SERVICE AS MEMBER. OF PACT.
R 96-406 34-36
M 96-407
6/13/96
15. DISCUSSION CONCERNING APPOINIMEDTT OF DISCUSSION
RUBEN OLIVA, NEAL HARRINGTON, DARRYL 6/13/96
SHARPTON & ALBERT MALOOF TO SERVE ON
THE PROPERTY AND ASSET REVIEW
aWnTTEE. (See label 17)
16. (A) APPOINT ALEJANDRO DIAZ, CAROLYN DE
ZAYAS, ERNEST "PINKY" SANDS & CAROLYN
COPE TO SERVE ON THE MIAAI STREET
CODESIGNATION REVIEW aNUTTEE.
(B) DIRECT MAI�R TO REVIEW /
ON FUTURE CODESIGNATION OF
STREETS, USING ONLY NAMES OF DECEASED
INDIVIDUALS.
17. (Continued) APPOINT RUBEN OLIVA, NEAL
HARRINGION, DIARRYL SHARP ION & ALBERT
MALOOF TO SERVE ON THE PROPERTY AND
ASSET REVIEW COMMITTEE. (See label 15)
18. APPOINT JOSEFINA SANCHEZ-PANDO, ME1,ANIE
PAISLEY -'IDS & CARLOS ARBOLEYA TO
SERVE ON THE TAX-EXEMPT PROPERTY
STEERING COMMITTEE.
R 96-408
6/13/96
R 96-409
6/13/96
R 96-410
6/13/96
19. APPOINT JERRY MARSU14 TO SERVE ON THE R 96-411
URBAN DEVELOPMENT REVIEW BOARD. 6/13/96
36
37-39
39-40
40-42
42-44
APPOINTS JOHN BRENNAN, MUM SORG, R 96-412
JAMES WELLINIM, RICHARD BUNINEII,, 6/13/96
BIJAN NAKHJAVAN, R. CAI SVEDSEN, DARIO
PEDRAJO, WILLIAM HARRISON & BOB LEWIS
TO SERVE ON THE WATERFRONT ADVISORY
BOARD.
READVERTISE FOR INDIVIDUAL TD SERVE AS DISCUSSION
REGULAR RIDER OF THE ZONING BOARD. 6/13/96
(A) APPOINT EDITH GEORGI HOULIHAN TO R 96-413
SERVE ON THE COCONUT GROVE PARKING 6/13/96
ADVISORY CON UTTEE.
(B) DIRECT ADMINISTRATION TO TAKE STEPS
TO EASE TRAFFIC SITUATIONT FROM GRAND
AVENUE SOUTH.
(C) DIRECT ADMINISTRATICN TO REQUEST
COCONUT GROVE PARKING . ADVISORY
C014IITTEE TO APPEAR BEFORE THE
COMMISSION TO REPORT (1) AMOUNT OF
MNEY IN PARKIN FUND, AND (2) WHAT
THEY PLAN TO DO WITH SAID MONEY --
REQUEST REPORT ON ACTIVITIES OF SAID
CCNmTTEE .
23. PRESENTATIONL. DISCUSSION
(A) Police Officer Timothy Young: 6/13/96
Officer of the Month (May 1996).
24. APPOINT CUAMISSICNERS AS MEMBERS OF
AUTHORITIES / TRUSTS / BOARDS /
COMMITTEES:
(A) COMMISSIONER PLUMMER? CHAIRPERSON,
BAY.FRONT PARK MANAGEMENT TRUST.
(B) VICE MAYOR GORT, CHAIRPERSON,
DUMMM DEVELOPMENT AUTHORITY (MA).
(C) CCMMISSIO'NER PLU11MER, CHAIRPERSCNt
INTERNATIONAL TRADE HOARD (ITB).
(D) COMMISSIONERS CARCEM & PIER,
MEMBERS, MARITIME PARK BOARD.
(E) CUOUSSIONIER DAWKINS, CHAIRPERSON,
- CITY REDEVELOPMENT AGENCY (CRA).
(F) CCMUSSIONER Pr R, CHAIRPERSONr
TAX-EXEMPT PROPERTY STEERING CON UTTEE.
25. AUTHORIZE INSURANCE BROKER SELECTION
GCMMITTEE TO TAKE NECESSARY STEPS TO
EVALUATE AND MAKE RECOMMENDATIONS ON
INSURANCE BROKERS -- PRESENT REPORT TO
CCMNIISSION.
R 96-414
6/13/96
M 96-415
6/13/96
44-45
45-46
47-49
50
50-51
51-53
(A) DIRECT' ADMINISTRATION TO OBTAIN TWO
APPRAISALS OF CITY PROPERTY IN VIRGINIA
KEY CURRENTLY BEING USED BY THE MIAMI
ROWING CLUB, INC. -- STIPULATE THAT
APPRAISERS REPEAT SAME PROCESS AS WAS
USED FOR THE OUTBOARD CLUB, THE YACHT
CLUB, AND THE COCONUT GROVE SAILING
CLUB -- DIRECT ADMINISTRATION 710
PRESENT APPRAISALS TO THE COMMISSION TO
ENABLE THEM r SET PARAMETERS FOR
NEGOTIATIONS OF LEASE AGREEMENT WITH
MIAMI ROWING CLUB.
(B) DIRECT ADMINISTRATION r PREPARE A
PROPOSED SCALE OF FEES FOR NONRESIDENTS
TO USE THE ROWING CLUB FACILITIES IN
VIRGINIA KEY.
(A) RATIFY MANAGER'S EMERGENCY
FINDING -- WAIVE COKMIETITIVE SEALED
BIDS -- APPROVE AWARD OF CONTRACT TO
VENECON, INC. -- TO PERFORM REQUIRED
WORK FOR CAPITAL IMPROVEMENT' PROJECT:
ORANGE BOWL MODERNIZATION, PHASE III,
RESIN IMPROVEMENTS (18) 1996, B-
6262 -- ALLOCATE FUNDS ($430,000 FROM
CIP 404240 & O.B. OPERATING BUDGET).
(B) DIRECT ADMINISTRATION TO DISCUSS
WITH COMMISSION AIL PROPOSED EMERGENCY
ACTIONS REQUIRING AFTIER-THE-FACT
COMMISSION RATIFICATION PRIOR TO
MANAGER AUTHORIZING SAID PROTECTS.
APPROVE CITY OF MUM AFFORDABLE
HOUSING INCENTIVE PLAN, PURSUANT TO
IMPrIZEfTATION OF STATE OF FLORIDA
DOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM FOR FY 1995-1998 -- AUTHORIZE
MANAGER TO SUBMIT PLAN FOR REVIEW /
APPROVAL BY STATE OF FLORIDA HOUSING
FINALE AGENCY.
M 96-416
6/13/96
R 96-417
6/13/96
R 96-418
6/13/96
RATIFY MANAGER'S EMERGENCY FINDING -- R 96-419
WAIVE COMPETITIVE SEALED BIDS 6/13/96
APPROVE EMERGENCY REPAIR OF MACK
GARBAGE TRUCK -- FROM MACK SALES OF
SOUTH FLORIDA -- AlU ATE FUNDS
($8,017.74).
53-61
62-70
70-72
72-73
30. WAIVE OCMPETITIVE SEALED BIDS
--
APPROVE EMERGENCY AWARD OF CUR? -ACT
TO
PETROLEUM MANAGEMENT, INC. --
FOR
CLEANUP AND LEGAL DISPOSAL OF NON
HAZARDOUS PETROLEUM CONTAMINATED SLUDGE
AT THE CATCH BASIN OF THE VEHICLE
AND
EQUIPMENT ADMINISTRATION DIVISION'S
EQUIPMENT YARD -- ALLOCATE FUNDS
($35,000).
31. RATIFY MANAGER'S EMERGENCY FINDING
--
WAIVE COMPETITIVE SEALED BIDS
--
APPROVE HIRING OF LABORERS DURING
RELOCATION OF MUNICIPAL SLOP -- FROM
BRICKELL PERSONNEL CONSULTANTS
--
ALLOCATE FUNDS ($9,226.40 FROM
CIP
311018).
# 32. (A) DIRECT CITY ATTORNEY TO REVIEW
THE
WHISTLE-ELMER ORDINANCE PROPOSED
BY
MANUEL GONZALEZ-GOENAGA AND PROVIDE
RECOMMENDATION.
(B) DIRECT ADMINISTRATION TO POST
COPIES OF THE WHISTLE -BLOWER
ACT
THROUGHOUT CITY DEPARTMENTS
--
ESTABLISH PROCESS FOR EMPLOYEES
CONCERNING WHISTLE-EI04 R ACTIONS --
SEND TRANSCRIPT OF ALLEGATIONS MADE BY
MR. GONZALEZ-ODENAM M STATE ATTORNEY
AND U.S. ATTORNEY'S OFFICE.
33. DIRECT MANGER TO MEET WITH TONY MOLINA
TO DETERMINE AMOUNT OF FUNDS NEEDED TO
REFURBISH MIAMI SPRINGS GOLF COURSE --
DIRECT MANAXER. TO NEGOTIATE CONTRACT
USING SAME PROCEDURE AS IN NEGOTIATIONS
FOR MAN]MOU CONTRACT IN CONNECTION
WITH MELREESE GOLF COURSE (PROVIDED
COURTS UPHOLD LEGALITY OF MELREESE
MANAGMNT CONTRACT) .
34. GRANT REQUEST BY CHJ PROTECTIONS TO
UTILIZE THE OLD VIRGINIA KEY BEACH AREA
FOR: BEACH FEST 96 (JULY 6, 1996).
35. DISCUSSION CONCERNING NOISE / POLICE
PROBLEM IN COCONUT GROVE (GRAND AVENUE
AND MARGARET STREET VICINITY).
R 96-420 73-75
6/13/96
R 96-421 75-76
6/13/96
DISCUSSION 77-79
6/13/96
M 96-422 79-83
6/13/96
R 96-423 83-88
6/13/96
DISCUSSION 88-93
6/13/96
a
k
36.
DISCUSSION CONCERNING REQUEST FROM DR-
T.A. MCNEALY, PASTOR, BE!fMY BIBLE
INSTITUTE -- m USE CITY -OWNED PROPERTY
AT 5900-5998 N.W. 7 AVENUE FOR A TENT
REVIVAL (JULY 6-MMM 17, 1996) --
CITY ATTORNEY STATES THAT IT WOULD
VIOLATE SEPARATION OF CHURCH AND STATE
LAW.
37.
EMERGENCY ORDINANCE: AMEND 11127,
WHICH ESTABLISHED INITIAL RESOURCES /
APPROPRIATIONS FOR SPECIAL REVENUE
FUND: HAITIAN TICS ENFOR MYOU --
INCREASE APPROPRIATIONS ($50,000) --
ACCEPT $50,000 GRANT FROM BUREAU OF
JUSTICE ASSISTANCE.
38.
SECOND READING ORDINANCE: CHANGE DATE
y
FOR CITY OF MIAMI MUNICIPAL RUN-OFF
ELECTION (NOW SCHEDULED FOR VETERANS'
DAY, ��'R 11, 1997) M nE RSDAY,
NOVEMBER 13, 1997.
39.
FIRST READING ORDINANCE: AMEND CODE --
CREATE / ESTABLISH THE HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
ADVISORY BOARD.
40. (A) ACCEPT BID: LAKE PAUL -- FOR
PURCHASE OF CITY -OWNED PROPERTY IMATED
AT 5500 N.W. 17 AVENUE -- FOR $25,000,
WITH PROVISOS.
(B) DIRECT ADMINISTRATION THAT PROPERTY
AT 5500 N.W. 17 AVENUE (FORMERLY MUM
AS THE HARDEMM MARKET) MUST BE BRCKXl '
UP TO CODE COMPLIANCE BY PURCHASER
WITHIN SIX MOMI5, OR ELSE IT REVERTS
BACK TO CITY -- PROPERTY M REVERT BACK
TO CITY IF USED FOR ANY PROGRAMS
DEALING WITH DRUG REHAB, MENTAL HEALTH
OR HOMELESS.
(C) DIRECT ADMINISTRATION TO PROVIDE
STATUS REPORT ON ILIAN M GARCES
COLLEGE.
41. AUTHORIZE INCREASE OF $15,733 (P.O.
63168) To INCLUDE ACQUISITION OF ONE
CARGO VAN FROM MAROONS CHEVROLE1' (UNDER
STATE OF FIARIDA CONTRACT NO. 070-001-
96-1) -- FOR OFFICE OF ASSET
MANAGEMENT.
DISCUSSION
6/13/96
EMERGENCY
ORDINANCE
11370
6/13/96
ORDINANCE
11371
6/13/96
95-96
96-97
ORDINANCE 97-98
FIRST READING
6/13/96
R 96-424 98-105
6/13/96
R 96-425 105-106
6/13/96
(A) AUTHORIZE MANAGER TO EXECUTE
R 96-426
INDIVIDUAL AGREEMV'I5 WITH 10 GONA MM
6/13/96
BASED ORGANISATIONS (CBOS), MIAMI
CAPITAL DEVEL4PMM, INC. , AND
CAMACOL -- TO DRU2M .' ECONOMIC
DEVELOPMENT' PROGRAMS -- ALLOCATE FUNDS
FROM 22ND YEAR CDBG FUNDS.
(B) DIRECT ADMINISTRATION M ASSIST
GREATER BISCAYNE CHAMBER OF CCtlMERCE
WITH FUNDING -- PROVIDING CHAMBER
OBTAIN VOLUNTEERS, FIND CONTRACTORS FOR
FACADE PROGRAM IN N.E. AREA, AND COME
BACK TO COMMISSION WITH SIGNED
CONTRACT.
AlZDCATE $2,056,350 OF 22ND YEAR CDBG
R 96-427
FUNDS TO 28 PREVIOUSLY APPROVED SOCIAL
6/13/96
SERVICE ACENCIES FOR APPROVED PROJECTS.
AUTHORIZE MANAGER TO EXECUTE INDIVIDUAL R 96-428
CONIRAC' U% AGREEMENTS WITH 14 HCXi'SING 6/13/96
COK4MTY DEVEIOPT ENTS : (1) ALLAPATI'AH
BUSINESS DEVELIO ME U AUTHORITY, (2 )
BANE DEVELOPMENT CORPORATION OF SOUTH
FLORIDA, INC., (3) COCONUT GROVE LOCAL
DEVELOPMENT CORPORATION, (4) CADEC,
INC. (5) EAST LITTLE HAVANA CDC, (6)
EDGEWATER ECONOMIC DEVELOPMENT
CORPORATION, (7) FLORIDA HOUSING
COOPERATIVE, INC., (8) GREATER MIAMI
NEIGHBORHOODS, INC., (9) CHRISTIAN
COMMUNITY SERVICE ACENTCY, (10) HABITAT
FOR HUMANITY OF GREATER MIAMI, (11)
RAFAEL HERNANDEZ HOUSING & ECONOMIC
DEVELOPMENT CORPORATION, (12) ST. JOHN
COMMUNITY DEVELOPMENT' CORPORATION, (13 )
LITTLE HAITI HOUSING ASSOCIATION, AND
(14) URBAN LEAGUE OF GREATER Mum,
INC. -- 'DD UNDERTAKE ACTIVITIES FOR
DEVELOPMENT AND/OR REHABILITATION OF
HOUSING AFFORDABLE TO LOW / MODERATE
INCCHE FAMILIES / INDMDUALS --
ALLOCATE FUNDS FROM 22ND YEAR CDBG
PROGRAM.
45. (A) AUIHDRIZE MANAGER TO ENTER INFO
AGREEMENT' WITH FORTUNE INTERNATIONAL
REALTY -- TO ASSIST IN MARKETING /
SALES OF 15 REMAINING CONDCHINIUM UNITS
IN ST. HUGH OAKS VILLAGE PROJECT.'.
(B) DIRECT ADMINISTRATION TO PROVIDE
STATUS REPORT ON ST. HUGH OAKS
PROPERTY.
R 96-429
6/13/96
106-115
116
117-118
118-121
DIRECT MANAGER RO PROVIDE GRANT OF
$363,000 FROM SALE PROCEEDS OF EITHER
OR BOTH (1) ST. HUGH OAKS CONDCMNIUMS,
OR (2) MELROSE 'IMNHCMES -- TO THE
INDIAN RIVER INVES'TM[ENTS, INC.,
DEVELOPER OF POINCIANA; VILZAGE
CONDCH[INIUMS (269 N.W. 7 STREET) -- M
PROVIDE FINANCIAL SUPPORT FOR
CONSTRUCTION OF PHASE III
DEVELOPMENT -- ANY PROFIT MADE BY
DEVELOPER FROM SALE OF PROJECT WILL BE
RE'Ti)RW TO THE CITY.
(A) AUTHORIZE F MUMY PROVISION OF 28
VEHICLES ON RENTAL BASIS FOR 60 DAYS --
FROM ROYAL RENT -A -CAR, INC. -- FOR NET
COMMUNITY DEVELOPMENT DEPARTMENT --
ALLOCATE $32,144 FROM FEDERAL AND STATE
FUNDS.
(B) DIRECT ADMINISTRNrION TO ENSURE
THAT FUTURE LASED / PURCHASED CARS BE
SAME COMPACT CARS AS USED BY NET
OFFICES, IN ORDER TO HAVE UNIFORMITY IN
LEASE / PURCHASE OF CITY VEHICLES.
�rAty,
R 96-430
6/13/96
R 96-431
6/13/96
48. AMEND RESOLUTION 95-16 -- SUBSTITUTE R 96-432
ENGAGEMM OF AKERMAN SENTERFI'iT & 6/13/96
EDISON, P.A. FOR MERSHON, SAWYER,
JOHNS7JON, DUNWODY & COLD -- TO SERVE AS
COUNSEL FOR CITY -- FOR PREPARATION OF
HEALTH INSURANCE ISSUES DOCUMENTATION.
49. (A) CLASSIFY SURPLUS OFFICE FURNITURE
FROM VACATED CITY AN2+'1INISTRATIO N
BUILDING AS CATEGORY "A" SURPLUS
STOCK -- DONATE TO 8 NON-PROFIT
C1ITY AGENCIES.
(B) DIRECT' ADMINIS�'RATION TO MAKE SURE
THAT ALL NONPROFIT ORGANIZATIONS WHICH
ARE RECIPIENTS OF DONATED CITY SURPLUS
OFFICE FURNITURE MUST BE LOCATED WITHIN
CITY LIMITS.
50. DISCUSS AND WITHDRAW (SO THAT
M44ISSIO N MAY INSPECT EQUIPMENT)
PROPOSED RESOLUTIt)N TO AUTHORIZE
ACQUISITION OF ONE 1996 JOHN DEERE 644G
4WD LOADER FROM JOHN DEERE INIDUSTRIAL
R 96-433
6/13/96
DISCUSSION
6/13/96
122-126
126-130
130-132
132-134
134
(B) DIRECT CITY ATTORNEY TO PROVIDE
REPORT LISTING SUCCESSFUL
SETTLEMENT
CASES.
53. DISCUSS AND WITHDRAW
PROPOSED
RESOLUTION TO INCREASE TERMS
SERVED BY
MEMBERS APPOINTED TO CITYWIDE
COMKMTY
DEVELOPMENT ADVISORY BOARD.
54. AUTfIDRIZE FUNDING INCREASE
($40,000)
FOR ALTERNATIVE Pam,
INC. --
ALLOCATE FUNDS FROM LAW ENFORCEMENT
TRUST FUND (LETTF) .
DISCUSSION
6/13/96
R 96-436
6/13/96
55. APPROVE OPENING OF PORTION OF MARLER R 96-437
AVENUE BETWEEN PLAZA STREET AND DOUG AS 6/13/96
ROAD.
56.
AMEND RESOLUTION 95-761, WHICH
AUTHORIZED MANAGER TO EXECUTE
PROFESSIONAL SERVICE AGREEMENTS WITH
VARIOUS PROFESSIONAL ARCHITECTURAL AMID
LANDSCAPE ARCHITECTURAL FIRM5 IN
CONJUNCTION WITH CITY PROJECTS --
CHANGE TERMS FOR EACH AGREEMENT FROM
ONE TO TWO YEARS.
(A) ACCEPT BID: G.S. EQUIPMENT,
INC. -- FOR FURNISHING OF NEW 1996
WlffiL LOADER -- FOR PUBLIC WORKS
DEPT. -- ALLOCATE FUNDS ($114,950 FROM
CIP 341171).
(B) DIRECT ADMINISTRATION TO PROVIDE
WRITTEN REPORT FOR CO*lISSION DETAILING
NUMBER OF WHEEL LOADERS CITY OWNS AND
FREQUENCY OF USE -- ANALYZE FEASIBILITY
OF LEASING VERSUS BUYING --
COMMISSIONER CAROLED REQUESTED
ADMINISTRATION TO SCHEDULE WITH HIS
OFFICE AN INSPECTION VISIT TO VIRGINIA
KEY BEACH FACILITIES TO DINE
FEASIBILITY OF USING 644G 4WD LOADERS.
R 96-438
6/13/96
R 96-439
6/13/96
135-139
139-142
143
143-144
144-148
148-149
150-152
58. (A) CONFIRM RESOLUTION 96-358 --
R 96-440
ESTABLISH SPECIAL ASSESSMENT DISTRICT,
6/13/96
FOR ONE YEAR, KNOWN AS: FIAGLER / CORE
AREA SECURITY DISTRICT SPECIAL
IMPROVEMENT DISTRICT -- FOR PROVISION
OF PROMOTIONAL MARKETING AND RELATED
SERVICES -- LEVY SPECIAL ASSESSMENTS.
(B) COMMISSIONER PUD24ER REQUESTED
DC7F1N1M DEVELOPMW AUTHORITY (MA) TO
PROVIDE COMMISSION WITH COPY OF RESULTS
OF VC YTE TAKEN IN =04ECTION WITH
SPECIAL ASSESSMENT DISTRICT (F E'ER /
CORE AREA SECURITY DISTRICT).
59. ESTABLISH SPECIAL CHARGES / TERMS /
R 96-441
CONIDITIONS FOR ISSUANCE OF PARK PERMITS
6/13/96
FOR USE OF AREA IN OLD PORTION OF
VIRGINIA KEY BEACH:
(A) BY BAN!0 MAN BWHiERS / SUNNY BOY
RECORDS, INC. FOR SPECIAL EVENT (JUNE
16, 1996).
(B) BY 54 STREET PTICN, INC. FOR
SPECIAL EVENT (JULY 4, 1996).
60. AUTHORIZE PLACEMENT OF BANNERS
R 96-442
ADVERTISING SOUTH FLORIDA 1996 OLYMPIC
6/13/96
SOCCER EVENT TO BE CONDUCTED BY THE
SOUTH FLORIDA, SOCCER ORGANIZING
COMMITTEE FOR 1996 -- WAIVE BANNER
PERMIT FEES, WITH CONDITIONS.
61. WAIVE FEES RELATED TO PROFESSIONAL
WRESTLING MATCH CONDUCTED BY THE MIAbU
BOYS AND GIRLS CLUBS, INC., TO BE HELD
AT COCONUT GROVE CONVENTION CENTER
(JULY 1, 1996), WITH CONDITIONS.
62. DISCUSSION LNG NOMINATION OF
C OMSSICNER PLLZ2ER AS CITY' S DELEGATE
TO FLORIDA LEAGUE OF CITIES. (See
label 70)
63. CLARIFY WrION 96-193.1 -- REALLOCATE
$100,000 TO OVER'TOWN FOR CODE
COMPLIANCE.
R 96-443
6/13/96
DISCUSSION
6/13/96
R 96-444
6/13/96
153-157
157-158
159-160
160-162
162-163
163-164
011
M 96-445
6/13/96
R 96-446
6/13/96
66. AUTHORIZE MANAGER TO AUT=ATE $25,000 R 96-447
TO VARIOUS CITY DEPARTMENTS TO SUPPORT 6/13/96
1996 YOUTH WORLD SERIES TO BE HELD AT
BOBBY MAU= STADIUM (AUGUST 1996).
R 96-448
6/13/96
M 96-449
6/13/96
R 96-450
6/13/96
(799206).
164-167
167-168
169
170-171
171-180
180-181
70.
(Continued) APPOINT COMMISSIONER J.L.
PLUMER, JR. AS CITY OF MUM DELEGATE
TO MOR.IDA LEAGUE OF CITIES. ( See
label 62)
71.
DIRECT ADMINISTRATION TO AMEND RFP IN
CONNECTION WITH DINNER KEY BOAT YARD TO
CONSIDER ANCILLARY USE FOR A FILM
5•t UDIO -- REQIUEST PUBLIC HEARING BE
HELD ON JUN 2', , 199E •.. NOTIFY ALL
BIDDERS OF PROPOSED ANU'.NQM<M.
72.
DIRECT ADMINISTRATION TO AMEND RFP IN
CCNNECTION WITH DINNER KEY BOAT YARD M
CONSIDER ANCILLARY USE FOR A FILM
STUDIO -- REQUEST PUBLIC HEARING BE
HELD ON JUKE 27, 1996 -- NO►I'IFY ALL
BIDDERS OF PROPOSED AMENDMENT.
73.
DIRECT ADNIINISTRATION TO MEET WITH EACH
DEER OF CCMMISSION IN CONNECTION WITH
VISIMRS' PARKING AT RIVERSIDE CANTER.
R 96-451
6/13/96
M 96-452
6/13/96
DISCUSSION
6/13/96
181-183
183-187
187-189
DISCUSSION 190
6/13/96
74. CITY AZTIORNEY NOTIFIES THAT CITY WON DISCUSSION
WATSON ISLAND LAWSUIT. 6/13/96
75. CITY GRANTED $100,000 FOR ENVIRO a NTAL DISCUSSION
CLEANING. 6/13/96
191
192
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13th day of June, 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 9:09 a.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.
Cesar Odio, City Manager
Charles Mays, Assistant 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.
NOTE FOR THE RECORD: Mayor Stephen P. Clark passed
away on June 4, 1996. ror the City Commission Meeting of June
13, 1996, the Mayor's seat was vacant.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
Administration witfidrew t e following agenda items: CA-7, CA-9,
-1 i , 2, 14, 17, 22, 28, 31, 32 & 33. CA
NOTE FOR THE RECORD: At this point, it was noted that there
were no recipients in the ambers for presentations.
Commissioner Plummer: Mr. Vice Mayor, item 12 is Tucker Gibbs, who has asked that that
matter be deferred until the next meeting. I would so move at this time that that be deferred till
the next meeting.
1
June 13, 1996
N
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: Unanimous.
NOTE FOR THE RECORD: At this point, agenda item 12 was
deferred.
----------------------------------------------------- -
1. (A) ANNOUNCEMENTS CONCERNING FIREWORKS DISPLAY AT (1)
BAYFRONT PARK ON JULY 4TH, AND (2) MIAMI CENTENNIAL
BIRTHDAY CELEBRATION ON JULY 28TH
(B) ANNOUNCEMENT CONCERNING A CEREMONY IN HONOR OF
THE LATE MAYOR STEPHEN P. CLARK AT TERMINAL 12, PORT
OF MIAMI, AT 7:00 P.M., JUNE 20TH.
Commissioner Plummer: I might also, while we have this time, take advantage of Channel 9 to
bring to the attention of the public of two major events that will be taking place very quickly.
The first one is the Fourth of July in Bayfront Park. Our annual Fourth of July celebration will
take place from basically noon until 10:00 p.m. And, of course, we will have a great, great
fireworks display. There will be entertainment all day, and there is no charge. The second major
event is that, of course, of the Centennial, and that is scheduled for July 28th, a Sunday. And it
is going to be something to behold. It's going to be a party of parties. And, in fact, we are
applying to Guiness Book of Records for the world's largest birthday party. We hope that all of
you will be able to come, and to attend, and make our mark in the Guiness Book of Records in
more ways than one. Again, that event is free. There is no charge for the event. And if I may,
Mr. Vice Mayor, announce that one week from today, a fundraiser for the Boys Club will take
place. That's June the 20th, at 7:00 p.m., at Terminal 12 on the Port of Miami, and it will be a
celebration of life of our late Mayor Stephen P. Clark, at which time, a scholarship will be
announced, and the portrait, which we hope will hang in City Hall, will be unveiled by Mrs.
Clark. Thank you, Mr. Vice Mayor.
Vice Mayor Gort: OK. Thank you.
2
June 13, 1996
'4
j
-----------------------------------------------------
2. (A) CONSENT AGENDA -- MISCELLANEOUS COMMENTS.
(B) DIRECT ADMINISTRATION TO HAVE POLICE DEPT. ADDRESS
GROWING GRAFFITI PROBLEM -- PRESENT PROPOSED PLAN.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Are you all aware of the items that have been pulled from the agenda, that
have been withdrawn?
Commissioner Plummer: I have nothing to pull from the consent agenda.
Mr. Cesar Odio (City Manager): Except after...
Commissioner Carollo: Commissioner Carollo.
Mr. Odio: After the distribution, we pulled CA-9.
Commissioner Carollo: What did you say?
Mr. Odio: Consent agenda item 9, sir. That was withdrawn.
Commissioner Carollo: Hold on fora second. Let's take about a minute just to be sure.
Commissioner Plummer: Mr. Manager, he... With the permission of the Vice Mayor. I asked at
the last meeting that I would like it, if I could, at this meeting, the individuals, unfortunately,
who feel that they are artists and doing graffiti all over town is increasing on a daily basis. I
asked the Police Chief at the last meeting to come forth with a plan, and I would hope that he
would be prepared today to announce such, and what we, as a Commission, and what the people
of this community could do to try and to eradicate... I know the City Attorney, one of his
comments was to adopt the County regulations, which, in fact, make the parents responsible for
the action of their children, and the cost and financial obligations incurred. I would hope that we
would be able to get that today. He was also going to try and get us what we would call a
hotline, and people could call and report that kind of activity. So I am hopeful we'll be able to
get that today.
Commissioner Carollo: If I may, Mr. Manager, I would like to talk to you at noon about CA-16,
and then we could bring it back. I just need to get some clarification on it, so if we could pull
that out now.
Commissioner Plummer: CA-16.
Commissioner Carollo: I'm not saying that I object to it. I just want to talk to you about it,
Commissioner Plummer: Is that the only one, Joe?
Commissioner Carollo: That's the only one that I see, J.L. I'm ready to make a motion for the
other items, unless there's any that any...
Commissioner Plummer: I'll second the motion.
Commissioner Carollo:... anyone has to take out.
3 June 13, 1996
J,
01) (011)
Commissioner Plummer: I have nothing to pull.
Commissioner Carollo: OK.
NOTE FOR THE RECORD: City Attorney A. Quinn Jones, ill
enfered the Commission c amber at 9:22 a.m.
Vice Mayor Gort: Miller, do you have anything to pull? Commissioner Dawkins?
Commissioner Dawkins: No, no.
Vice Mayor Gort: OK. It's been moved and seconded. Discussion. Yes, sir. Yes, sir.
Mr. Manuel Gonzalez-Goenaga: Good morning, Commissioners. Good morning, citizens of
Miami. On the issue of the consent agenda, I want to speak on 5 and then all together, 12, 13, 14
and 15. On number 5, the annual report of the Police Department, I think that the citizens and
the community should be totally informed of the truth, the good, the bad and the ugly. Because
if we are going to pay nine thousand dollars ($9,000) to receive a Police Department report that
does not show the problems of the Police Department; the amounts of payments that have been
made on police negligence; the amounts of policemen that have been thrown out of the Police
Department because of bad behavior, then, it's a fraud and deceit to publish an annual report.
And then, regarding 12, 13, 14 and 15, there we go again. Constantly, constantly making
settlements - and we are the angels - settlements without admitting any liability. Well, another
way to deceive. Because if you get a jury judgment, and then you are oppressing the citizens, we
have to pay, and there is no such thing as the legal liability. We are... The City of Miami has
been convicted in many cases, and I... And to finish, if this City is run the way it is run by the
Chief Executive Officer, in a private corporation, he would be behind bars.
Vice Mayor Gort: Thank you, sir. Next.
Mr. Mariano Cruz: OK. Mariano Cruz, 1227 Northwest 26th Street in Allapattah, Miami. I was
going to talk also about 12, 13, 14, 15 and 16 being withdrawn, and I'd like to talk on item 18.
On 12, 13, 14 and 15, I would like to add that every time, I see here the City paying. I mean, are
they investigating what these people do? Like here, forty-five thousand dollars ($45,000) for a
slip -and -fall in Watson Island. Do they post signs there about being dangerous to walk there?
Who are these people? Do they investigate? Are they people that constantly sue and settle out
of court? Because there are people that make a living by doing that.
Mr. Cesar Odio (City Manager): May I, Mayor.
Mr. Cruz: Take that time off. That's his time.
Vice Mayor Gort: Excuse me.
Mr. Cruz: OK.
Vice Mayor Gort: Write down the answer to the speaker's questions.
Mr. Cruz: Let me finish. And another, on item 18, about buying computers. I went through the
backup material. No place there says what computers are they; what they buy, what software or
4 June 13, 1996
whatever. Like 1 say, If they are buying MS, Office Pro, 95, what type? How much are they
paying for that, if they are buying that specific material? Because it doesn't show there. What it
is that they are buying? Because I know people... I know a lady that's Peruvian/Chinese, and
she could sell a lot of this, but not Unisys Corporation or that. Let the little people too get a
piece of the pie. A lot of people out, the big Unisys Corporation there in Blue Lagoon Park
there, that's where they're getting the business here. And they say... And this is to ratify, so it's
been bought already. How much did they pay for those computers, or what system? How
much? It's not there. There's no backup material in there. So I'd like to know that, because if
we pay... Some of my tax dollars is paying for this, and for the homeless thing. The homeless
get already that one percent that they get for restaurant meals and restaurants that gross over
three hundred thousand dollars ($300,000) a year and sell liquor. So I'd like to know, what kind
of business there? How come Lydia Garcia is not there to answer this, or somebody else? I'd
like to see that, because I am tired of that, of this coming already here to ratify. I know about
computers. I have prices here. You know, in this MS, Office Pro, '95, I can get it for one -
eighty -five. I bet they're paying four hundred, five hundred dollars ($400, $500) for the same
equipment. That's all I got to say.
Vice Mayor Gort: Thank you. The motion to move. Any further discussion? Being none, all in
favor, state so by saying "aye."
Commissioner Carollo: Vice Mayor.
Vice Mayor Gort: Yes.
Commissioner Carollo: Let's include CA-16 back on the motion.
Vice Mayor Gort: OK, including CA-16.
Mr. Cruz: I was going to talk about that and tell you what was wrong. I can say anything about
that?
Vice Mayor Gort: Sure, go ahead.
Mr. Cruz: Yeah, because I see more money for lobbyists. What is it now? Washington?
Vice Mayor Gort: Mm-hmm.
Mr. Cruz: How much there? What about... We have a department here of lobbyists, on full-
time salary to do that. Do we need some other expertise? So what is the expertise of the people
that get a salary from the City? Because I want to know that. I want to know that, and what they
get, too, because I can write to Washington, too. But most of the time, you ask for grants, you
know, you got to know or what... What are you going to do?
Mr. Odio: I... Mr. Vice...
Mr. Cruz: What is the... What the people that go or whatever are going to do with the forty
some thousand dollars, plus expenses, that we are paying them?
Vice Mayor Gort: Mr. Cruz, as soon as you finish, he will give you the answers.
Mr. Odio: Mr. Vice Mayor.
Vice Mayor Gort: Wait a minute. As soon as you finish, he'll give you the answer.
5
June 13, 1996
Fn �
a
el.
NUM
Mr. Cruz: I mean, Alcalde & Fay, what are they doing with that money?
Mr. Odio: Thanks to... I need to put this on the record, because it's... You know, it's popular to
say whatever you want, I guess. Thanks to the efforts of Commissioner Dawkins in Washington,
and our so-called lobbyists, the City has received this year so far twelve point five million
dollars ($12.5 million) of the Cops Program; another three and a half million dollars, ($3.5
million) thanks to the effort of creating the block grant funding and to the Department of Justice.
Another three and a half million dollars are coming down, plus countless of other monies that
add up to a lot of money that come from Washington, thanks to these people that help us monitor
and create laws in Washington that benefits the City of Miami.
Vice Mayor Gort: OK, sir. Yes, sir.
Mr. Gonzalez-Goenaga: That's... I am Manny Gonzalez-Goenaga. That's wishful thinking.
Because if Mr.... If the City Manager thinks that what we present the City of Miami in
Washington, they agree, that's just like saying that the Puerto Ricans, what they say is what
Congress wants and that we are going to get. And just like saying that what the Cubans decide
here will be the international position of the United States. Thank you very much.
Vice Mayor Gort: Thank you. OK. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
Commissioner Carollo: I, in finishing... I want to add something on that particular item. I'm one
that never has liked to have to pay for lobbyists, but frankly, Washington is a whole different
animal. We need help there. I didn't know who this firm was, and that's why I needed to get a
little more information on it. But the bottom line - and I guess the best person that can attest to
this is the Police Chief - due to the City of Miami being able to have representation in
Washington, we have been extremely successful in receiving millions of dollars to hire
additional police officers. So this is why I have voted for this, because I think this is key to the
City, and certainly, if there has been one person on this Commission that's gone up there and has
taken the bull by the horns on behalf of this Commission, it's been Commissioner Dawkins, and
I think that should be acknowledged here today.
Commissioner Dawkins: I'd like to say that I appreciate my constituents being concerned, and I
agree with both of them that there should be more explanation than what is on the paper. But
because of - and we can call them lobbyists, we can call them legislative aides, whatever - we are
able to track legislation and get the benefit of the legislation. I am a Democrat, but because of
this firm, I'm able to go sit in Newt Gingrich's office. Talk with him. Tell him what our needs
are, and have him respond. If it were not for this firm, I would not be able to do this. We have
another firm. This is the democratic side of it. And this is the way it is in Washington. You
have to play both sides of the... As Goenaga said, they don't listen to us. The decisions are
made in Washington, and this is where we have to try to influence the decisions. So I'm glad
you want to know more, and I will keep you informed.
Mr. Cruz: The only thing I want to know, why the need of duplicity? Are we overlapping .in
things, in coverage, whatever? Why do we have to have an office paid by the City here to do
that, and then you got, on top of that, you got to have...
Commissioner Dawkins: We don't have an office. We employ a firm, and the firm is already
located in Washington, and the firm's consultant's fee is this amount of money for doing that.
Like you said, if we were to have our own office, we would have to have a building, an office,
lights, electricity, and what have you. So this is more or less a "consultancy."
6 June 13, 1996
r
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, TERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER 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: None.
2.1 ACCEPT BID: TERRY PARKE -- FOR FURNISHING BLACKSMITH / FARRIER
SERVICES -- FOR DEPARTMENT OF POLICE -- ALLOCATE FUNDS ($11,952).
RESOLUTION NO.96-379
A RESOLUTION ACCEPTING THE BID OF TERRY PARKE, A NON -
MINORITY DADE COUNTY VENDOR, FOR THE FURNISHING OF
BLACKSMITHBARRIER SERVICES, IN THE ANNUAL AMOUNT
OF $11,952.00, FOR THE DEPARTMENT OF POLICE, FOR A ONE
(1) YEAR PERIOD WITH THE OPTION TO EXTEND FOR THREE (3)
ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF POLICE FY '95-96
GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 290201-
270; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR SAID SERVICES AND THEREAFTER TO EXTEND THIS
CONTRACT FOR THREE ADDITIONAL ONE (1) YEAR PERIODS,
AT THE SAME PRICE, TERMS, AND CONDITIONS, SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
7 June 13, 1996
ACCEPT BID: SAFETY EQUIPMENT CO. -- FOR FURNISHING FIRE FIGHTING
HOSES -- FOR FIRE -RESCUE DEPT. -- ALLOCATE FUNDS ($15,000).
RESOLUTION NO.96-380
A RESOLUTION ACCEPTING THE BID OF SAFETY EQUIPMENT
CO., A BROWARD COUNTY NON/MINORITY VENDOR, FOR THE
FURNISHING OF FIRE FIGHTING HOSES ON A CONTRACT BASIS
FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, AT A TOTAL PROPOSED
ANNUAL COST OF $15,000.00, FOR THE DEPARTMENT OF FIRE -
RESCUE; ALLOCATING FUNDS THEREFOR FROM DEPARTMENT
OF FIRE -RESCUE FY '95-96 GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 280601-709; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT AND
THEREAFTER TO EXTEND SAID 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.)
2.3 ACCEPT BID: MIAMI FIRE EQUIPMENT, INC. -- FOR FURNISHING FIRE
EXTINGUISHERS / INSPECTIONS / TESTING / REPAIRS -- TO VARIOUS CITY
DEPTS. ON AS -NEEDED BASIS -- ALLOCATE FUNDS.
RESOLUTION NO. 96-381
A RESOLUTION ACCEPTING THE BID OF MIAMI FIRE
EQUIPMENT, INC., A LOCAL, NON/MINORITY VENDOR, FOR
THE FURNISHING OF FIRE EXTINGUISHERS, INSPECTIONS,
TESTING AND REPAIRS TO VARIOUS CITY DEPARTMENTS ON
AN AS -NEEDED BASIS, AT PRICES STIPULATED ON BID NO. 95-
96-058, FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS;
ALLOCATING FUNDS THEREFOR FROM THE VARIOUS USING
CITY DEPARTMENTS FY '95/96 OPERATING BUDGETS;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
SAID SERVICES AND THEREAFTER TO EXTEND SAID
CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS,
AT THE SAME PRICES, 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.)
8 June 13, 1996
2.4 ACCEPT BID: JULES BROTHERS UNIFORMS, INC. -- FOR FURNISHING WORK
UNIFORMS -- TO VARIOUS CITY DEPTS. ON AS -NEEDED BASIS -- ALLOCATE
FUNDS.
RESOLUTION NO.96-382
A RESOLUTION ACCEPTING THE BID OF JULES BROTHERS
UNIFORMS, INC., A DADE COUNTY, NON/MINORITY VENDOR,
FOR THE FURNISHING OF WORK UNIFORMS TO VARIOUS CITY
DEPARTMENTS ON AN AS -NEEDED BASIS AT PRICES
STIPULATED ON BID NO. 95-96-060, ON CONTRACT BASIS FOR
A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING
FUNDS THEREFOR FROM THE VARIOUS USING CITY
DEPARTMENTS FY '95/96 OPERATING BUDGES; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR SAID UNIFORMS
AND THEREAFTER TO EXTEND SAID CONTRACT FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICES,
TERMS, AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.5 ACCEPT BID: CLASSIC PRINTING GROUP -- FOR PRINTING OF POLICE DEPT.
ANNUAL REPORT -- FOR DEPT. OF GSA / SOLID WASTE -- ALLOCATE FUNDS
($8,743).
RESOLUTION NO. 96-383
A RESOLUTION ACCEPTING THE BID OF CLASSIC PRINTING
GROUP, A NON/MINORITY DADE COUNTY VENDOR, FOR THE
PRINTING OF THE POLICE DEPARTMENT ANNUAL REPORT, AT
A TOTAL PROPOSED COST OF $8,743.00, FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE;
ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT FY '95/96 OPERATING BUDGET, ACCOUNT NO.
290201-680; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
0
June 13, 1996
2.6 URGE STATE OF FLORIDA (1) TO PROVIDE ADEQUATE FUNDING FOR
PRESERVATION / REPAIR OF FLORIDA BEACHES, (2) TO RECOGNIZE NEED
FOR FUNDING NON-FEDERAL PROJECTS, AND (3) TO IDENTIFY LONG-TERM
FUNDING SOURCES.
RESOLUTION NO.96-384
A RESOLUTION URGING THE SATE OF FLORIDA TO PROVIDE
ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR
OF THE BEACHES OF THE STATE OF FLORIDA, TO RECOGNIZE
THE NEED FOR FUNDING NON-FEDERAL PROJECTS AND TO
IDENTIFY LONG-TERM FUNDING SOURCES; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
AUTHORIZE ALLOCATION OF $51,800 FROM CDBG FUNDS (PROJECT
799602) -- FOR REHABILITATION OF 37 BUSINESSES IN DOWNTOWN TARGET
AREA UNDER COMPREHENSIVE CITYWIDE COMMERCIAL FACADE
PROGRAM.
RESOLUTION NO.96-385
A RESOLUTION AUTHORIZING THE ALLOCATION OF FIFTY-
ONE THOUSAND, EIGHT HUNDRED DOLLARS ($51,800.00) FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT
NO. 799602, FOR THE REHABILITATION OF THIRTY-SEVEN (37)
BUSINESSES LOCATED IN THE DOWNTOWN TARGET AREA
UNDER THE COMPREHENSIVE CITYWIDE COMMERCIAL
FACADE PROGRAM, SAID FUNDS TO BE DISBURSED AS HEREIN
SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
10 June 13,1996
2.9
N
AUTHORIZE MANAGER TO ISSUE REVOCABLE LICENSE TO TROPICAL
FEDERAL CREDIT UNION -- FOR USE OF SPACE ON THIRD FLOOR OF
RIVERSIDE CENTER (444 S.W. 2 AVENUE) -- FOR OPERATION /
MAINTENANCE OF A CREDIT UNION OFFICE.
RESOLUTION NO. 96-386
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO ISSUE A REVOCABLE LICENSE, IN
SUBSTANTIALLY THE ATTACHED FORM, TO TROPICAL
FEDERAL CREDIT UNION, A NON-PROFIT AGENCY, FOR THE
USE OF APPROXIMATELY 140 SQUARE FEET OF SPACE ON THE
THIRD FLOOR OF THE CITY OF MIAMI RIVERSIDE CENTER,
LOCATED AT 444 SOUTHWEST 2 AVENUE, MIAMI, FLORIDA,
FOR THE OPERATION AND MAINTENANCE OF A CREDIT UNION
OFFICE; FURTHER AUTHORIZING, AT THE SOLE COST AND
EXPENSE OF TROPICAL FEDERAL CREDIT UNION, THE
INSTALLATION, OPERATION AND MAINTENANCE OF A FREE-
STANDING AUTOMATED TELLER MACHINE IN THE FIRST
FLOOR LOBBY OF SAID BUILDING, SAID REVOCABLE LICENSE
WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY
SET FORTH IN SAID REVOCABLE LICENSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
CLAIM SETTLEMENT: ELNOR ANGAIN ($85,000).
RESOLUTION NO. 96-387
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY ELNOR ANGAIN, PLAINTIFF, THE SUM OF $85,000.00,
WITHOUT ANY ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, DADE COUNTY,
FLORIDA, CLAIM NO. 017G/V95088/4, 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, ACCOUNT CODE NO.620103-651.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
11
June 13, 1996
u
R
{
2.10 CLAIM SETTLEMENT: WILLIE TERRELL ($78,026, PLUS $2,146.95 COSTS).
RESOLUTION NO.96-388
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY WILLIE TERRELL THE SUM OF $78,026.00, PLUS COSTS IN
THE AMOUNT OF $2,146.95 PURSUANT TO COURT ORDER AND
POST -JUDGMENT INTEREST, IN FULL AND COMPLETE
SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS AND
JUDGMENTS AGAINST THE CITY OF MIAMI, PURSUANT TO THE
FINAL JUDGMENT FOR PLAINTIFF, AS ORDERED BY JUDGE
PHILIP BLOOM OF THE ELEVENTH JUDICIAL CIRCUIT COURT
ON MARCH 21, 1996, IN CASE NO. 94-20907 CA (25), WITH SAID
FUNDS TO BE PROVIDED FROM THE SELF-INSURANCE TRUST
FUNDS, INDEX CODE NO.620103-653.
(Here follows body of resolution, omitted here and on file in the Office of
I the City Clerk.)
2.11 CLAIM SETTLEMENT: GEORGE JOCHEM ($9,500).
RESOLUTION NO.96-389
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY GEORGE JOCHEM, PLAINTIFF, THE SUM OF $9,500.00,
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. 94-15714 CA
(10), 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, ACCOUNT CODE NO.620103-651.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
CLAIM SETTLEMENT: GEORGINA FLORES ($45,000).
RESOLUTION NO.96-390
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO GEORGINA FLORES THE SUM OF $45,000.00, 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 THE
ELEVENTH JUDICIAL CIRCUIT OF DADE COUNTY, CASE NO. 95-
10984 (CA 08), 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.620101-653.
12 June 13, 1996
(Here follows body of resolution, omitted here and on file in the Office of
j the City Clerk.)
AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH ALCALDE & FAY --
FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES CONCERNING
FEDERAL LEGISLATION WHICH IMPACTS UPON CITY OF MIAMI --
ALLOCATE FUNDS ($49,950, PLUS ($15,000 REIMBURSABLE EXPENSES).
RESOLUTION NO.96-391
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH ALCALDE & FAY, FOR
PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES
CONCERNING FEDERAL LEGISLATION WHICH IMPACTS UPON
THE CITY OF MIAMI; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $49,950, FOR SAID SERVICES, AND
AN ADDITIONAL AMOUNT, NOT TO EXCEED $15,000, FOR
REIMBURSABLE EXPENSES, FROM THE LEGISLATIVE LIAISON
GENERAL FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.14 AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH EQUITABLE
LIFE ASSURANCE SOCIETY OF THE UNITED STATES -- FOR USE OF OFFICE
SPACE IN OMNI INTERNATIONAL MALL (1601 BISCAYNE BLVD.).
RESOLUTION NO. 96-392
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE
EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED
STATES ("EQUITABLE"), FOR THE USE OF 5,775 SQUARE FEET
OF OFFICE SPACE WITHIN THE OMNI INTERNATIONAL MALL,
1601 BISCAYNE BLVD., MIAMI, FLORIDA, AT NO COST TO THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
13
June 13, 1996
RATIFY MANAGER'S AWARDING ACQUISITION OF COMPUTERS AND
PERIPHERALS FOR THE OFFICE OF THE HOMELESS PROGRAMS, WHICH IS
UNDER DIRECTION OF FIRE -RESCUE DEPT., (FLORIDA CONTRACT 250-040-
096-1) -- FROM UNISYS CORPORATION -- ALLOCATE FUNDS ($22,903.50)
FROM CDBG FUNDS, AND MODEL CITIES GRANT.
RESOLUTION NO. 96-393
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S ACTION IN AWARDING THE
ACQUISITION OF COMPUTERS AND PERIPHERALS FOR THE
OFFICE OF HOMELESS PROGRAMS WHICH IS UNDER THE
DIRECTION OF THE DEPARTMENT OF FIRE -RESCUE, FROM
UNISYS CORPORATION, UTILIZING EXISTING STATE OF
FLORIDA CONTRACT NO. 250-040-096-1, IN THE TOTAL
PROPOSED AMOUNT OF $22,903.50; ALLOCATING FUNDS
THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, ACCOUNT NO. 450357-925-183009 ($11,300.00) AND
MODEL CITIES GRANT, ACCOUNT NO. 450360-925-147008
($11,603.50); 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.)
2.16 ACCEPT BID: MIAMI SILK SCREEN INDUSTRIES, INC. -- FOR FURNISHING
UNIFORM TEE SHIRTS AND COLLARED SHIRTS -- FOR FIRE -RESCUE DEPT. --
ALLOCATE FUNDS ($60,136).
RESOLUTION NO.96-394
A RESOLUTION ACCEPTING THE BID OF MIAMI SILK SCREEN
INDUSTRIES, INC., A NON-MINORITY/LOCAL VENDOR, FOR THE
FURNISHING OF UNIFORM TEE SHIRTS AND COLLARED
SHIRTS, ON A CONTRACT BASIS FOR ONE (1) YEAR, WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS, AT A PROPOSED ANNUAL AMOUNT OF $60,136, FOR
THE DEPARTMENT OF FIRE -RESCUE, ALLOCATING FUNDS
THEREFOR FROM THE FY '95-96 OPERATING BUDGET,
ACCOUNT CODE NO. 280601-075, AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THIS ACQUISITION AND
THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICES,
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.)
14
June 13, 1996
------------------------------------------------------------;---------------------------------------------------
3. (A) APPOINT RAFAEL CABEZAS TERESITA GYORI, HERBERT
BAILEY & HUMBERTO PELLON TO SERVE ON THE
AFFORDABLE HOUSING ADVISORY COMMITTEE.
(B) DIRECT CITY ATTORNEY TO DRAFT LEGISLATION (FOR JUNE
27TH MEETING) LIMITING TERMS FOR ALL BOARD /
COMMITTEE APPOINTMENTS TO ONE YEAR ONLY (EXCEPT
WHERE SUPERSEDED BY CHARTER).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 2.1. We need to make some appointments.
Commissioner Plummer: I, basically, Mr. Vice Mayor, for the entire, sort of, all appointments
today will be, with one exception, making my... just reappointing. In the Affordable Housing
Advisory Board, Rafael Cabezas will be my appointment. This is 2.1.
Vice Mayor Gort: This is Affordable Housing, right?
Commissioner Plummer: Yes, sir.
Commissioner Dawkins: Two -one?
Commissioner Plummer: Yes, sir.
Vice Mayor Gort: Yes.
Commissioner Plummer: I only have one.
Commissioner Dawkins: And we're doing what with it now, J.L.?
Commissioner Plummer: I'm sorry?
Commissioner Dawkins: What are we doing with it?
Vice Mayor Gort: Making appointments...
Commissioner Plummer: Making appointments.
Vice Mayor Gort: You have to reappoint your members.
Commissioner Dawkins: So we'll accept... Are we reappointing everybody on it?
Commissioner Plummer: With mine... You mean on this...
Commissioner Dawkins: Yeah, on this board. Yeah, on this board.
Commissioner Plummer: No, no. My personal appointments will be mostly all reappointments.
Commissioner Carollo: We could either reappoint or name new people.
Vice Mayor Gort: Right.
1.5 June 13, 1996
Commissioner Dawkins: What are we doing with 2.1?
ViceMayor Gort: Making appointments. Are you ready to make your appointment to the
Affordable Housing?
Commissioner Carollo: My appointment will be Teresita Gyori.
Commissioner Dawkins: OK. And I would leave Mr. Herb... I leave Herb Bailey on.
Vice Mayor Gort: Mine will be Humberto Pellon, same one.
Commissioner Plummer: Mr. Vice Mayor, may I hesitate for a minute? I think at the last
meeting, did we not make... or at least I think... I know I did, but are we going to accept that all
appointments in the future, with the exception by Constitution, will be one year?
Vice Mayor Gort: That's correct. We passed it.
Commissioner Plummer: OK.
Commissioner Carollo: I think it's a good procedure to follow, Commissioner, and I had told
you I would agree with you on that before.
Commissioner Plummer: Mr. City Attorney?
A. Quinn Jones, III, Esq. (City Attorney): Yeah. I have an ordinance coming to you for... I can
make it an emergency ordinance, if you so desire, or... It's being prepared now for the meeting,
first meeting in July.
Commissioner Plummer: Well, but...
Commissioner Carollo: Well, if need be, we could hold these appointments till July, because
these boards could keep going with basically the same people that we're going to reappoint,
anyway, I would imagine.
Commissioner Plummer:
make that retroactive?
So the question is, if we appoint these people today, then we can't
Commissioner Carollo: That's correct, Commissioner.
Mr. Jones: Yeah, unless you state it in the... Unless you state it specifically in the legislation
that it's to be retroactive.
Commissioner Plummer: Well, I'm willing to do that, because I think we need some of these
boards. Joe, you don't even have a board for the Sports Authority, right?
Commissioner Carollo: Well, not yet, J.L.
Commissioner Plummer: So think we need to do that and just...
Commissioner Carollo: But you know what? What we would need to do is...
Commissioner Plummer: Just so state...
16
June 13, 1996
Commissioner Carollo:... if you all could start drafting that and...
Mr. Jones: Yeah, it's being drafted now.
Commissioner Carollo: OK.
Mr. Jones: It'll be ready for the first meeting.
Vice Mayor Gort: Maybe we can take it on the 27th.
Commissioner Carollo: Yeah.
Mr. Jones: For the 27th?
Commissioner Carollo: 27th is fine.
Mr. Jones: It will be ready.
Commissioner Plummer: On my appointment to the Housing Board, for a one-year period, will
be Rafael Cabezas. I'm so stating it for the record.
Commissioner Dawkins: I don't have to say it for the record. We already said it's a one year
appointment, so, hey, that's it.
Commissioner Plummer: OK.
Vice Mayor Gort: OK. Mine is Humberto Pellon. Two -two, Miami Audit Advisory
Committee.
Commissioner Dawkins: Now, we... that... We've appointed three people out of one, two, three,
four, five, six, seven, eight people.
Commissioner Carollo: Well, we've appointed four, I believe. Is that correct, each of us one?
Commissioner Dawkins: Yeah. That's four out of eight.
Commissioner Carollo: There's four at large. And may I suggest this? Since we have four at
large, if maybe each of us come back with another one, I think that might be a fair way to...
Commissioner Plummer: That's fine.
Commissioner Dawkins: Let's submit it in writing so we don't have to come back to the board,
please.
Vice Mayor Gort: Excuse me.
Commissioner Plummer: That's fine.
Vice Mayor Gort: We still need to vote on this. We need to vote.
Commissioner Plummer: I make a motion those names proffered be accepted for a one year
term.
Vice Mayor Gort: Number 2... That's 2.1.
17
June 13, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-395
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITY OF MIAMI AFFORDABLE HOUSING ADVISORY
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
W]
June 13, 1996
Commissioner Plummer: Motion to accept... Did Miller make his?
Commissioner Dawkins: Yes.
Vice Mayor Gort: Yes, he did.
Commissioner Plummer: Who?
Commissioner Dawkins: Addison. Same guy. Reappoint the same guy, J.L.
Commissioner Plummer: I move the appointments proffered for a one-year period.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Dawkins: Second, for a one-year period.
Vice Mayor Gort: Being no discussion, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
i
June 13, 1996
,
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-396
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
----------------------------------------------------------------------------------------------------------
5. APPOINT DINO G. GALARDI, ALAN WEISBERG, STEPHANIE KERR, JO
ANN PEPPER, RUTH GREENFIELD, TINA HILLS & JIM McDONALD TO
SERVE ON BAYFRONT PARK MANAGEMENT TRUST.
Vice Mayor Gort: Twenty-three, Bayfront Park Management Trust. Two point three.
Commissioner Plummer: Two point three.
Commissioner Carollo: My appointment will be Dino Galardi.
Vice Mayor Gort: Commissioner Dawkins?
Commissioner Dawkins: I don't know. J.L.... Who am I appointing, J.L.?
Commissioner Plummer: Alan Weisberg.
Commissioner Dawkins: OK. Alan Weisberg.
Commissioner Plummer: And I will appoint Stephanie Kear.
Vice Mayor Gort: OK. And I'll appoint McDonald, Mr. McDonald, reappoint.
Commissioner Plummer: I would like to speak, if I may, in favor of the two at large. Bruce...
Commissioner Carollo: There's three at large.
P
June 13, 1996
Commissioner Plummer: I understand. But I'm speaking in favor of the two.
Commissioner Carollo: OK.
Commissioner Plummer: Ruth Greenfield has been one of the most... best, one of the best
members that we have had on that committee. Tina Hills has been on that committee from its
inception, and L..
Commissioner Dawkins: I second the motion. Go ahead, who is the next one?
Commissioner Plummer: The next one I would like to be is Joanne Pepper.
Commissioner Carollo: I third that motion. Three good names.
Commissioner Dawkins: Joanne Pepper. Joanne Pepper.
Commissioner Carollo: Yes. Three good names.
Vice Mayor Gort: OK. It's been moved and seconded. Did you make your motion, Plummer?
Commissioner Dawkins: No, wait a minute. I'm not going to let them do this to me. I take
back. I'm going to appoint Joanne Pepper that was nominated by me, and now, I'm going to
appoint somebody else and you all take that? No, you can't do that to me. Come on.
Commissioner Plummer: That's fine. What do you want.
Commissioner Dawkins: Joanne Pepper, I reappoint.
Commissioner Plummer: So be it.
Commissioner Dawkins: Thank you.
Commissioner Plummer: I move...
Commissioner Carollo: Was she your original appointment?
Commissioner Plummer: I move all for a one-year term..
Vice Mayor Gort: OK. It's been moved and seconded.
Commissioner Carollo: Thank you.
Vice Mayor Gort: You second it, Miller?
Commissioner Dawkins: Now, Mr. Weisberg, you're going to appoint him as an at large?
Commissioner Plummer: Whatever.
Commissioner Dawkins: I don't know. I'm asking you.
i
Commissioner Plummer: That's fine. That's fine.
Commissioner Dawkins: OK.
21
June 13, 1996
Vice Mayor Gort: OK. There's a motion. Is there a second?
Commissioner Dawkins: Second.
Vice Mayor Gort: OK. It's been moved and seconded. Being no 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.96-397
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS
i . DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
rMyt
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
----------------------------------------------------------------------------------------------------------------
6. APPOINT GUY SANCHEZ & VALRIA SCREEN TO SERVE ON BUDGET
AND FINANCES REVIEW COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Two point four.
Vice Mayor Gort: Two point four.
Commissioner Plummer: I nominate my appointment, Guy Sanchez.
Commissioner Dawkins: Ms. Valria Screen. Budget and Finance, Commissioner.
I
Commissioner Carollo: I would like to reserve this appointment for this afternoon, also.
Commissioner Dawkins: Two -five. Oh, I mean, I move on the proxy.
Commissioner Plummer: For a one-year period, I second.
22
June 13,1996
Vice Mayor Gort: I'm sorry. What was the motion again?
Commissioner Dawkins: OK. Budget Finance, Valria Screen, and Plummer nominated Guy
Sanchez. Who do you have, Mr. Mayor - Vice Mayor?
Vice Mayor Gort: I'll have mine later on.
Commissioner Carollo: This is for 2.4, right?
Commissioner Dawkins: Yes.
Commissioner Plummer: Yeah.
Commissioner Dawkins: OK. I move the two offered.
Commissioner Plummer: All right.
Commissioner Carollo: Second.
Commissioner Plummer: For a one-year period of time, I second.
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.
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-398
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE BUDGET AND FINANCES REVIEW COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
23
June 13, 1996
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
----------------------------------------------------------------------------------------------------------------
7. APPOINT DOROTHY QUINTANA, MILLER DAWKINS, IRBY McKNIGHT,
ANGEL URQUIOLA, EMILIO LOPEZ & MARIO PESTONIT TO SERVE ON
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Two -five.
Commissioner Plummer: Two point five, I...
Commissioner Carollo: Two -five, I... I nominate Dorothy Quintana as one of mine, and I will
reserve the second one for this afternoon.
Commissioner Dawkins: I nominate Miller Dawkins and Irby McKnight.
Vice Mayor Gort: I'll save mine for this afternoon.
Commissioner Plummer: Miller, can you do that?
Commissioner Dawkins: Yes.
Commissioner Plummer: No, I mean only because... I mean you can...
Commissioner Dawkins. I can serve an at large... I mean, I can serve but I can't be the
chairperson. I'm a member, I live in the community, and I can serve.
Commissioner Plummer: No, that's not my point. With the CRA (Community Redevelopment
Agency), would there be a conflict there with the CRA?
Mr. Cesar Odio (City Manager): No, this is community -wide.
Commissioner Plummer: That's fine. I couldn't ask for a better appointment to that board, but
I'm just wondering, does it create a problem for him?
Commissioner Dawkins: No.
Commissioner Carollo: Which one out of the two, Commissioner?
Commissioner Plummer: Huh?
24
June 13, 1996
Commissioner Carollo: Which one out of the two are you referring to?
Commissioner Plummer: No, his being appointed to that board. OK. My appointments are
reappointments, which are Emilio Lopez and Mario Pestonit.
Mr. Odio: Mario who?
Commissioner Plummer: Pestonit.
Mr.Odio: Pistola?
Commissioner Plummer: Say what?
Mr.Odio: Pistola?
Commissioner Plummer: Pestonit.
Mr. Odio: Oh.
Commissioner Plummer: Don't you speak Spanish?
Vice Mayor Gort: Joe, Commissioner Carollo.
Commissioner Carollo: I can't have Miller make a motion for those names. And if I can make
the motion, you know, and he could second it.
Commissioner Dawkins: Yeah, I second it.
Vice Mayor Gort: It's been moved and seconded.
Commissioner Plummer: Were other appointments made?
A. Quinn Jones, III, Esq. (City Attorney): You got four...
Commissioner Carollo: Yeah. Dorothy Quintana was one of mine.
Commissioner Plummer: Oh, OK.
Commissioner Carollo: I think Vice Mayor Gort named one, right? Or...
Commissioner Plummer: That's fine.
Vice Mayor Gort: You got Dorothy Quintana. I had Urquiola as my nominee. OK?
Commissioner Dawkins: Two -six.
I Vice Mayor Gort: Wait a minute. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
25
June 13, 1996
i The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-399
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
------------------- ----------------------------------------------- ----- _
8. APPOINT SKY SMITH, JACK KING, CARMEN DAVIS & TED STAHL TO
SERVE ON COCONUT GROVE STANDING FESTIVAL COMMITTEE --
WAIVE RESIDENCY REQUIREMENT FOR CARMEN DAVIS.
---------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Unanimous. Coconut Grove Standing Festival.
Commissioner Plummer: I reappoint Sky Smith.
Vice Mayor Gort: Commissioner Carollo.
Commissioner Carollo: I appoint Jack King.
Commissioner Dawkins: I reappoint Ms. Carmen Davis, and ask for 4/5ths vote on the waiver.
She does not reside in the City, but she has a business in the City, and she is knowledgeable
about art.
Vice Mayor Gort: OK. I nominate Ted Stahl
June 13, 1996
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.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-400
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS:
ABSENT:
None.
None.
----------------------------------------------------------------------------------------------------------------
9. APPOINT JANET COOPER & NORA SWAN TO SERVE ON THE
COMMISSION ON THE STATUS OF WOMEN.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Two -seven.
Commissioner Plummer: Are all Carollo's appointments.
Commissioner Carollo: I nominate Jack Cooper and Nora Swan.
Commissioner Dawkins: Second.
Commissioner Plummer: For a one-year period, I second or third the motion.
Vice Mayor Gort: OK. It's been moved and seconded. Being no discussion, all in favor, state
so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
27 June 13, 1996
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-401
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN TO FILL THE
REMAINDER OF UNEXPIRED TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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: None.
----------------------------------------------- ------- ---------------- -----------------
10. APPOINT CHARLES R. BEBER, REV. RICHARD M. BARRY & DEANA
LEE PONSO TO SERVE ON HEALTH FACILITIES AUTHORITY.
Vice Mayor Gort: Two -eight. Two point eight.
Commissioner Plummer: Two -eight, I nominate Dr. Beber, reappoint Dr. Beber.
Vice Mayor Gort: Commissioner Carollo.
Commissioner Carollo: I will reserve mine for another date.
Vice Mayor Gort: Commissioner Dawkins.
Commissioner Dawkins: I will reappoint Father Barry.
Vice Mayor Gort: And I will reappoint Deana Lee Ponso.
Commissioner Plummer: For those names proffered for a one-year term, I move it.
Vice Mayor Gort: It's been moved. Second? Is there a second?
1
Commissioner Carollo: There's a second.
Vice Mayor Gort: It's been moved and seconded. Being no discussion, all in favor, state so by
saying aye.ft
June 13, 1996
The Commission Collectively: Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-402
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE HEALTH FACILITIES AUTHORITY FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
ABSENT:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
-- -------------------------------------------------------------------------------------------------------------
11. APPOINT ALBERTO GONGORA, JULIAN LINARES, DWAYNE WYNN,
RICARDO NUNEZ PORTUONDO, ANTONIO LLANO MONTES, JOHN
GALE, IBRAHIM MALKI-KAWA, RAFAEL GARCIA-TOLEDO, JR., VICKY
LEIVA & WALDO CASTRO-MOLLEDA TO SERVE ON THE
INTERNATIONAL TRADE BOARD (ITB).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Two point nine.
Commissioner Dawkins: I move that the whole board be abolished.
Commissioner Plummer: Save me a lot of time. I nominate Waldo Castro, Vicky Leiva, and
Ralph Garcia -Toledo.
Vice Mayor Gort: Commissioner Carollo.
Commissioner Carollo: I will renominate Chief Judge Jack Gale, Ricardo Nunez-Portuondo, and
Antonio Llano-Montes.
Commissioner Plummer: They're good members, Joe.
Commissioner Dawkins: I'm going to appoint... reappoint Kawa, and I'll get two new names for
my other two appointments.
Vice Mayor Gort: I'm going to reappoint Alberto Gongora, Dwayne Wynn, and Julian Linares.
Q
June 13, 1996
Commissioner Plummer: Of those names proffered, for a one-year term, I so move.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Carollo: There's a second.
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. 96-403
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE INTERNATIONAL TRADE BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: None.
-- -------------------------------------------------------------------------------------------------------------
12. APPOINT MARIO PESTONIT, ORLANDO NARANJO, HECTOR GASCA &
JOSE NAVARRO TO SERVE ON THE LATIN QUARTER REVIEW BOARD.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Two -ten.
Commissioner Plummer: My appointments on that will be Mario Pestonit, again, and Orlando
Naranjo.
Vice Mayor Gort: Naranjo.
Commissioner Plummer: Naranjo.
Commissioner Dawkins: That's the one who was nominated by Miller Dawkins before. Now,
why are they going to be nominated by you now?
Commissioner Plummer: You know, that's a damn good...
30
June 13, 1996
Commissioner Plummer: Then I'll take...
Vice Mayor Gort: Yours is on top...
Commissioner Plummer: Then I'll do mine, which I goofed on. Hector Gasca and Jose Navarro.
Commissioner Dawkins: Thank you, sir.
Vice Mayor Gort: Now you got it right.
Commissioner Plummer: Now I got them right.
Commissioner Dawkins: Now you got it right. Now you got it right.
Mr. Cesar Odio (City Manager): And you said "Pestonit."
Commissioner Plummer: No, he got rid of you.
Commissioner Dawkins: I move the names offered for a one-year term.
Commissioner Carollo: Second.
Vice or Ma Gort: OK. It's been moved and seconded. No discussion? All in favor, state so b
saying „aye.1, Y
i
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
31 June 13, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-404
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE LATIN QUARTER REVIEW BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
13. APPOINT GUILLERMO REVUELTA & CAROLYN COPE TO SERVE ON
THE NUISANCE ABATEMENT BOARD.
Commissioner Plummer: Two -eleven.
Vice Mayor Gort: Two -eleven.
Commissioner Plummer: I reappoint Carolyn Cope.
Commissioner Dawkins: Who did I have? I got somebody... I'll have another name this
afternoon. I forgot what name it was,
Mr. Cesar Odio (City Manager): (Inaudible, speaking off mike.)
Vice Mayor Gort: Commissioner Carollo.
Commissioner Dawkins: No, no, no.
Commissioner Carollo: I will come back...
Commissioner Dawkins: I'll bring it back this afternoon.
Commissioner Carollo: I will come back with this one this afternoon, also.
Vice Mayor Gort: OK.
32
June 13,1996
Commissioner Plummer: Of those names proffered...
Vice Mayor Gort: Guillermo... Can I put mine?
Commissioner Plummer: No.
Vice Mayor Gort: Guillermo Revuelta.
Commissioner Plummer: Of those names proffered for a one-year term, I so move.
Vice Mayor Gort: OIL. Is there a second?
Commissioner Dawkins: 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 Plummer, who moved its adoption:
RESOLUTION NO.96-405
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
33
June 13, 1996
Commissioner Plummer: Say what?
Commissioner Dawkins: We got to select one from...
Vice Mayor Gort: Two point one...
Commissioner Dawkins: ... from these three down here?
Commissioner Plummer: Which are we on?
A. Quinn Jones, III, Esq. (City Attorney): Two -twelve.
Commissioner Dawkins: One appointment.
Vice Mayor Gort: I would like to - and I think we've talked about it - I would like to suggest
Fred Joseph.
Commissioner Dawkins: I second.
Vice Mayor Gort: OK. It's been moved and seconded. Any discussion?
Mr. Cesar Odio (City Manager): That's the guy...
Commissioner Carollo: None.
June 13, 1996
jThe following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-406
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE PERFORMING ARTS CENTER TRUST FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote.
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
Commissioner Plummer: Mr. Vice Mayor...
Vice Mayor Gort: Two point thirteen.
Commissioner Plummer: Mr. Vice Mayor, if I may.
Vice Mayor Gort: Yes.
Commissioner Plummer: Mr. Bill Bayer has served honorably on that board for quite some
time. I would hope that this Commission would recognize the service that he has performed in
behalf of this Commission, and I would move at this time that that recognition be forwarded to
Mr. Bill Bayer, thanking him for his serving on that board for the period of time that he has.
Vice Mayor Gort: Second the motion.
3 Commissioner Dawkins: All those in favor...
Commissioner Carollo: Second.
Vice Mayor Gort: It's been seconded by Commissioner Carollo. All in favor, state so by saying
"aye 11
The Commission Collectively: Aye.
35 June 13,1996
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.96-407
A MOTION RECOGNIZING THE YEARS OF HONORABLE SERVICE BY
WILLIAM BAYER AS A MEMBER OF THE PERFORMING ARTS CENTER
TRUST; FURTHER DIRECTING THE ADMINISTRATION TO FORWARD A
LETTER TO MR. BAYER CONVEYING TO HIM THE CITY COMMISSION'S
APPRECIATION FOR HIS SERVICE ON SAID TRUST.
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: None.
----------- - ------------------------------------------------------------------------------
15. DISCUSSION CONCERNING APPOINTMENT OF RUBEN OLIVA, NEAL
HARRINGTON, DARRYL SHARPTON & ALBERT MALOOF TO SERVE
ON THE PROPERTY AND ASSET REVIEW COMMITTEE. (See label 17)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Two point thirteen.
Commissioner Plummer: I reappoint Al Maloof.
Mr. Cesar Odio (City Manager): What number is this?
A. Quinn Jones, III, Esq. (City Attorney): Thirteen. Albert Maloof.
Commissioner Dawkins: I reappoint Darryl Sharpton.
Commissioner Carollo: I will appoint Neil Harrington.
Vice Mayor Gort: Reappoint Ruben Oliva. Two point fourteen has been withdrawn.
36
June 13, 1996
---------------------------------------------- -----------------------------------------------------
16. (A) APPOINT ALEJANDRO DIAZ, CAROLYN DE ZAYAS, ERNEST
"PINKY" SANDS & CAROLYN COPE TO SERVE ON THE MIAMI
STREET CODESIGNATION REVIEW COMMITTEE.
(B) DIRECT MANAGER TO REVIEW / RECOMMEND ON FUTURE
CODESIGNATION OF STREETS, USING ONLY NAMES OF
DECEASED INDIVIDUALS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Two point fifteen.
Commissioner Plummer: I reappoint Carolyn Cope.
Commissioner Dawkins: Reappoint Pinky Sands.
Commissioner Carollo: This is 2.15 now?
Commissioner Plummer: Two -fifteen.
Mr. Cesar Odio (City Manager): This is the... Can I ask a question on this committee, please, on
the Codesignation Committee?
Vice Mayor Gort: Yes, go ahead.
Mr. Odio: Commissioner Dawkins.
Commissioner Dawkins: Huh?
Mr. Odio: We're getting requests on the street naming committee from all kinds of people that
are very much alive. I thought... I want a clarification. I thought I understood once that, from
the Commission - I could be wrong - that we would only name streets after people that had
passed away.
Commissioner Plummer: That was the County.
Mr. Odio: Oh. OK. Can... Are...
Commissioner Dawkins: It was my understanding that we would refer it to the Street
Codesignation Board, and they're the ones who decided that, I thought, Mr. Manager.
Mr. Odio: Right. All right. Once they... They are deciding and then they're sending it back.
And once they decide, we have... It's up to you to...
A. Quinn Jones, III, Esq. (City Attorney): They had a discussion once about all that.
Commissioner Carollo: I think if we're going to make that decision, we'd better hurry up before
we run out of streets.
Mr. Odio: That's the problem. The problem is we're getting...
Vice Mayor Gort: I don't have any problem with that. I think...
37 June 13, 1996
Commissioner Dawkins: OK. Why don't you... Why don't we recommend this to the Manager
for consideration, and the Manager bring back a recommendation.
Vice Mayor Gort: Bring it back to us.
Commissioner Plummer: Right.
Mr. Odio: So you're asking me... I won't bring any more codesignations until we come back
with...
Commissioner Dawkins: Until you have come back with a solution.
Mr. Odio: OK. Thank you.
Commissioner Plummer: Well, what we did do, Commissioner - and it is official on the record -
is that we'll no longer do a mile and a half. There will only be one intersection and one block, at
the most, even if they were passed away.
Vice Mayor Gort: OK. The nomination... nominations.
Commissioner Plummer: Where are we?
Vice Mayor ciort: AtL.1J, two-tirteen.
Commissioner Plummer: I appointed Carolyn Cope.
Commissioner Dawkins: Two -one -five?
Vice Mayor Gort: Yes, sir.
Commissioner Plummer: Yeah.
Commissioner Dawkins: OK. Pinky Sands. Pinky Sands.
Vice Mayor Gort: Commissioner Carollo.
Commissioner Carollo: Carolyn de Zayas.
Vice Mayor Gort: Alejandro Diaz.
Commissioner Dawkins: Move the said names for one year.
Commissioner Plummer: Of those names that were moved for a one-year term, I move...
Vice Mayor Gort: Commissioner Dawkins moved it.
38
June 13, 1996
Commissioner Dawkins: Second...
Vice Mayor Gort: Plummer seconded it.
Commissioner Plummer: Yes.
Vice Mayor Gort: 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.96-408
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE
FOR TERMS AS DESIGNATE HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
17. (Continued) APPOINT RUBEN OLIVA, NEAL HARRINGTON, DARRYL
SHARPTON & ALBERT MALOOF TO SERVE ON THE PROPERTY AND
ASSET REVIEW COMMITTEE. (See label 15)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: I've been informed by the Clerk that we did not take a roll call on 2.13.
Could we go back to 2.13. Make a motion, please, 2.13.
Commissioner Plummer: Move it.
Commissioner Dawkins: Second.
Commissioner Plummer: Of those names proffered for one year term, I move it.
Vice Mayor Gort: It's been moved and seconded. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
39 June 13, 1996
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-409
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE PROPERTY AND ASSET REVIEW COMMITTEE FOR TERMS
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: None.
-- -------------------------------------------------------------------------------------------------------------
18. APPOINT JOSEFINA SANCHEZ-PANDO, MELANIE PAISLEY-THOMAS &
CARLOS ARBOLEYA TO SERVE ON THE TAX-EXEMPT PROPERTY
STEERING COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Two -sixteen, Tax Exempt Property.
Commissioner Carollo: I renominate James Wellington and Richard Bunnell.
Commissioner Plummer: No, no, not 16.
Commissioner Dawkins: On 2.16, you only got one.
Vice Mayor Gort: Sixteen.
Commissioner Carollo: No, no, on 2.19.
Commissioner Dawkins: No, 2.16. We're on 16.
Commissioner Carollo: We're still...
Commissioner Plummer: We're on 16.
Commissioner Dawkins: We're on 16.
Commissioner Carollo: I don't have a 2.16 in my page, but I got another page here.
40
June 13, 1996
Commissioner Carollo: Motion for approval.
Vice Mayor Gort: Second?
Commissioner Plummer: Well, let me... Wait a minute, now. We're on 2.16, right?
Vice Mayor Gort: Two -sixteen, yes.
June 13,1996
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
i� RESOLUTION NO.96-410
l A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE TAX-EXEMPT PROPERTY STEERING COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
I Vice Mayor Gort: Two -seventeen. This is yours, Commissioner Carollo.
Commissioner Carollo: I will be bringing this one back.
NOTE FOR THE RECORD: At this point; Commissioner Carollo
defersis His to 7fie Unity Council of Miami (TUCOM).
------------------------------------------------------------
19. APPOINT JERRY MARSUM TO SERVE ON THE URBAN DEVELOPMENT
REVIEW BOARD.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Two -eighteen.
Commissioner Plummer: I don't have one.
Commissioner Dawkins: I don't have one. Commissioner Gort and Commissioner Carollo have
i
one.
Commissioner Carollo: I will nominate Jerry Martin. That's one of mine.
}
i Vice Mayor Gort: I'll come back this afternoon with mine.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner Dawkins, you have a vacancy that you
have to fill, as well.
42 June 13,1996
Vice Mayor Gort: OK. 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. 96-411
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD TO FILL THE
REMAINDER OF UNEXPIRED TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
43
June 13, 1996
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: None.
I ----------------------------------------------------------------------------------------------------------------
20. APPOINT JOHN BRENNAN, STUART SORG, JAMES WELLINGTON,
RICHARD BUNNELL, BIJAN NAKHJAVAN, R. CAI SVEDSEN, DARIO
PEDRAJO, WILLIAM HARRISON & BOB LEWIS TO SERVE ON THE
WATERFRONT ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Two point nineteen.
Commissioner Carollo: James Wellington and Richard Bunnell are mine.
Mr. Cesar Odio (City Manager): Which Bunnell?
Commissioner Plummer: Dick Bunnell.
Commissioner Dawkins: Bijan and Svedsen.
Commissioner Plummer: Mine will be William Harrison and Dario Padrejo.
Vice Mayor Gort: Mine will be John Brenan and Stuart Sorg.
Commissioner Dawkins: Are we going to leave Mr. Hogan as alternate at large, or are we going
to get another at large?
r
Commissioner Plummer: I would like to proffer the name there, if I may, that Mayor Clark had,
and that is Bob Lewis. There's probably not a man in this community that knows more about
fishing, and the waterfront, and boating than Bob Lewis, so I would like to proffer his name.
Commissioner Carollo: That's fine. I'll make a motion that we approve all the names.
Commissioner Dawkins: That's offered.
Vice Mayor Gort: OK. There's been a motion and a second. All in favor, state so by saying
,►aye „
The Commission Collectively: Aye.
44
June 13, 1996
N
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-412
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE
WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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: None.
-------------------------------------------------------------------------------------
21. READVERTISE FOR INDIVIDUAL TO SERVE AS REGULAR MEMBER OF
THE ZONING BOARD.
Vice Mayor Gort: Two -twenty.
{ Commissioner Plummer: I will bring that back this afternoon, and I'm going to be making a
I change, so I want to make sure that I so notify the individual of the change.
Vice Mayor Gort: Two -twenty-one.
Commissioner Plummer: Both for Carollo.
Commissioner Carollo: I'll bring that one back, also.
Vice Mayor Gort: OK.
NOTE FOR THE' RECORD: At this point, appointments to the
Affirmative Action Advisory Board and Code Enforcement Board
were deferred.
45
June 13,1996
Vice Mayor Gort: Two -twenty-two.
Commissioner Dawkins: I'll bring them back later.
Commissioner Carollo: Mr. Clerk, on 2.22, I believe I had two appointments to make. Can you
confirm that for me, please?
Mr. Walter Foeman (City Clerk): Yes. I will confirm it.
Commissioner Carollo: OK. Then if we could bring it back this afternoon, also, because I need
! to find out if I have one or two before I can make the appointments on this.
NOTE FOR THE RECORD: At this point, appointments to the
jAffirmative Action Advisory Board and Code Enforcement Board
were deferred.
Commissioner Plummer: Excuse me. Are you finished on that item?
Commissioner Carollo: Yes.
Commissioner Plummer: Mr. Clerk, on the Zoning Board, did you advertise other names?
Mr. Foeman: No. We haven't received a memorandum yet. As soon as we receive it, we will
readvertise.
Commissioner Plummer: All right. All right. Then I'm going to have to not bring it back this
afternoon, my appointment, but I will ask... And I'll send you a memo asking you to advertise it.
46 June 13, 1996
f.
Vice Mayor Gort: OK, 2.23.
l Commissioner Plummer: Twenty-three.
f
4 Vice Mayor Gort: This is the...
Commissioner Dawkins: What is the purpose of this board?
Commissioner Plummer: This is... If I may?
I Vice Mayor Gort: Go right ahead.
i Commissioner Dawkins: Anybody.
Commissioner Plummer: Commissioner, this is the board that was established... As you know,
we have a thing where we collect money from the merchants in the Grove who do not have
adequate parking, where they pay so much. It's forty dollars ($40) per parking space per month,
or if they wish to buy out at ten thousand ($10,000). This is the board that is basically working
to bring about the new parking structure or additional parking in Coconut Grove. They, with
Off -Street Parking, are presently looking to structure where the Farmstore exists, in buying out
some property and to, in fact, make additional parking in the Grove, and that is what this is an
advisory board for.
Commissioner Dawkins: Has this board been before this Commission to advise it on any of its
decisions or any of its discussions?
Commissioner Plummer: To my knowledge, no.
Commissioner Dawkins: OK. Well, I'd like to say here and now that I am not in complete
agreement with what they are doing or suggesting. We said that we would create a fund that
would provide parking, that would ease the parking crunch from Grand south. Nobody has been
here yet to say that they're going to put any parking facilities anywhere south. But now, this
board has said that Clark Cook and it will build a parking facility next door to the... What's that
big building over there?
Commissioner Plummer: Mayfair.
Commissioner Dawkins: ... the Mayfair, and the Mayfair will have access to more parking, and
the neighbors and the people in the neighborhood will not have any relief down the.., through the
47 June 13, 1996
highway, you know. And I just don't see how we Commissioners can sit here and create parking
for the Mayfair, which it is alleged that they're going to go condo and will need more parking
anyway... And that's an alleged... I don't know... I'm just saying what I heard, not what I know,
i OK?
Commissioner Plummer: Commissioner, let me, if I may.
Commissioner Dawkins: Wait, no, no, no. So I do not...
Vice Mayor Gort: Excuse me. Let him finish.
Commissioner Dawkins: See, I would like for them to come before this board and tell me how
much money is in the fund, what they plan to do, and what they're going to do with it.
Vice Mayor Gort: I think Commissioner Dawkins is right. We should get a report on their
activities. Commissioner Plummer.
Commissioner Plummer: Commissioner, just let me bring two other subjects to your attention,
and Clark Cook here, I think, can answer the direct questions you had. There are two other areas
that parking is being looked at, at the present time. One is because of the problem of a lawsuit,
and that's the Coconut Grove Playhouse. That presently is operated by Off -Street Parking.
There was a potential there of a high-rise garage. And the second one is a zoning item, which I
saw in Jack's paper of the Grove Market, and that's on the corner of Grand and McDonald,
between Grand and Florida. In conjunction with the market on the Grand Avenue side, the back
of the property is proposed for, I think, 130-some spaces, I believe it is. But that's all part and
parcel of what they're doing. Now, Mr. Clark can answer, I'm sure...
Commissioner Dawkins: Is Mr. Cook going to speak to the reason why the board has not been
before me, to explain to me what they're doing, or is Mr. Clark Cook going to speak on the
purchasing of land for a parking area? What is Mr. Clark Cook going to speak on?
Commissioner Plummer: I would hope that Mr. Cook would answer any and all questions that
you might have.
Commissioner Dawkins: He cannot answer... That's what I'm saying. He cannot answer
questions for me, for the board. The board members are the only ones, in my opinion, who can
answer my questions to the board.
Commissioner Plummer: Then I think we ought to invite...
Vice Mayor Gort: Excuse me. I think what Commissioner Dawkins is requesting is that we
have the chairperson of the board to come in front of us and give us a report. Am I correct,
Commissioner Dawkins?
Commissioner Dawkins: Yeah, mm-hmm. Mr. Cook has...
Vice Mayor Gort: OK. Could we instruct the...
Commissioner Dawkins: Mr. Cook has already explained to me what we're doing. He's already
explained to me why we are doing it, and he's also explained to me options and alternatives. So
I don't need to hear that again, Clark. Thank you.
Vice Mayor Gort: So listen to our request. Right now, we have 2.23, with the... they're the
Coconut Grove Board has recommended the appointment of Edith Georgi Houlihan.
48 June 13, 1996
Commissioner Plummer: Houlihan. If that's who they recommended, I'll move it. I...
Vice Mayor Gort: Is there a second?
Commissioner Dawkins: Two -twenty-three?
Vice Mayor Gort: Two -twenty-three.
Commissioner Plummer: Houlihan. It's on the...
Commissioner Dawkins: Second.
Vice Mayor Gort: Houlihan.
Commissioner Dawkins: Second.
Vice Mayor Gort: It's been moved and seconded. Any discussion? 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. 96-413
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR THE
REMAINDER OF AN UNEXPIRED TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
49
June 13, 1996
23. PRESENTATION.
(A) Police Officer Timothy Young: Officer of the Month (May 1996).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: OK. That takes care of the boards. Before we go on to the next agenda, we
got Officer Timothy Young here. Would you come forward, please, sir?
Mr. Cesar Odio (City Manager): The reason he was late Mr. Mayor and Commissioners, is that
he had a court hearing this morning.
NOTE FOR THE RECORD: At this point, Vice Mayor Gort read
into the public record t e proclamation presented to Officer
Timothy Young.
----------------------------------------------------------------------------------------------------------------
24. APPOINT COMMISSIONERS AS MEMBERS OF AUTHORITIES / TRUSTS /
BOARDS / COMMITTEES:
(A) COMMISSIONER PLUMMER, CHAIRPERSON, BAYFRONT PARK
MANAGEMENT TRUST.
(B) VICE MAYOR GORT, CHAIRPERSON, DOWNTOWN DEVELOPMENT
AUTHORITY (DDA).
(C) COMMISSIONER PLUMMER, CHAIRPERSON, INTERNATIONAL TRADE
BOARD (ITB).
(D) COMMISSIONERS CAROLLO & PLUMMER, MEMBERS, MARITIME PARK
BOARD.
(E) COMMISSIONER DAWKINS, CHAIRPERSON, COMMUNITY
REDEVELOPMENT AGENCY (CRA).
(F) COMMISSIONER PLUMMER, CHAIRPERSON, TAX-EXEMPT PROPERTY
STEERING COMMITTEE.
Vice Mayor Gort: Item 3.
Commissioner Plummer: Mr. Vice Mayor, I believe, if I'm not mistaken, each Commissioner
has expressed that they wish to stay where they are. And if that is, in fact, the case, I'll so move,
unless there's... somebody has a problem.
Commissioner Carollo: Are you sure you don't want the Sports and Exhibition Authority, and I
take ITB (International Trade Board)?
Commissioner Plummer: You can have that, my friend.
Commissioner Carollo: Willy, how about you? You want to take it for a while, and I take DDA
(Downtown Development Authority)?
Vice Mayor Gort: That's all right. You're having a good time there. You're doing a good job
in there.
50 June 13, 1996
Commissioner Dawkins: I second the motion.
Vice Mayor Gort: OK.
Commissioner Carollo: Yeah. That's why I'm afraid.
Vice Mayor Gort: OK. 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.96-414
A RESOLUTION APPOINTING CERTAIN MEMBERS OF THE MIAMI CITY
COMMISSION TO SERVE AS CHAIRPERSONS AND MEMBERS ON VARIOUS
CITY TRUSTS, AUTHORITIES AND AGENCIES FOR TERMS AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
25. AUTHORIZE INSURANCE BROKER SELECTION COMMITTEE TO TAKE
NECESSARY STEPS TO EVALUATE AND MAKE RECOMMENDATIONS
ON INSURANCE BROKERS -- PRESENT REPORT TO COMMISSION.
Vice Mayor Gort: Four. Mr. Manager.
Mr. Ron Williams (Assistant City Manager): Mr. Vice Mayor, I'm appearing before you as
Chairman of your appointed Insurance Broker Selection Committee. At our meeting of May
29th, the committee found that in our deliberations, a bit of the information that we were
working from, in an attempt to respond to your charge, was dated. I'm before you this morning
to ask the Commission's authorization to deviate a bit from your original charge and allow the
committee to receive from the two teams that are presently being considered information
regarding team updates as of May 29. Specifically on that issue, there have been changes within
51 June 13,1996
the teams since, I think, the '94 original data was received. We'd like to update that team. We'd
like to update information on that team. We'd like to evaluate that. We'd like to look at how
that helps in the selection process. The second issue that we'd like to proceed with is to ask the
Commission to allow us to ask questions. Some of the committee members, your appointees,
i felt that the questions that were kind of scripted for us at this point did not allow them to open up
areas of interest and give them the best information they could have, in an attempt to recommend
to you the best firm to provide broker services. So I'm here to ask that the Commission allow us
to do that. I have discussed this with the representatives of both firms, and they are in full
agreement.
Commissioner Plummer: I will move that that committee be given the latitude that's necessary
to accomplish the job that we've asked them to do, so they can make their final report to this
Commission. I so move.
Commissioner Carollo: I will second it for the purposes of additional discussion. Are the
representatives here from both companies?
Mr. Williams: Yes, sir, Commissioner.
Commissioner Carollo: OK. Lucia, who do you represent?
Ms. Lucia Dougherty: Commissioner Carollo, I represent Alexander and Alexander, and we
have no objection to this procedure, and we would support it.
Commissioner Carollo: OK. Mr. Knox, who do you represent?
Mr. George Knox: Thank you, Mr. Carollo. I represent... I'm George Knox, and I represent the
Gallagher Insurance Company, and we have no objection to the procedure that has been
suggested by Mr. Williams.
Commissioner Carollo: OK. That's fine. Thank you.
a Vice Mayor Gort: OK Any further discussion? Being none, all in favor, state so by saying
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
52 June 13, 1996
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.96-415
A MOTION AUTHORIZING THE INSURANCE BROKER SELECTION
COMMITTEE TO HAVE THE LATITUDE TO CARRY OUT ITS CHARGE TO
EVALUATE AND MAKE ITS FINAL RECOMMENDATIONS (IN REPORT FORM)
TO THE COMMISSION IN CONNECTION WITH INSURANCE BROKERS (I.E.,
RECEIVE TEAM UPDATES AND CONSIDER SAID UPDATES IN ITS
EVALUATION; AND ALLOWING THE COMMITTEE TO AK QUESTIONS OF
THE PROPOSERS).
Upon being seconded by Commissioner Carollo, the motion was passed and adopted by
the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
26. (A) DIRECT ADMINISTRATION TO OBTAIN TWO APPRAISALS OF
CITY PROPERTY IN VIRGINIA KEY CURRENTLY BEING USED
BY THE MIAMI ROWING CLUB, INC. -- STIPULATE THAT
APPRAISERS REPEAT SAME PROCESS AS WAS USED FOR THE
OUTBOARD CLUB, THE YACHT CLUB, AND THE COCONUT
GROVE SAILING CLUB -- DIRECT ADMINISTRATION TO
PRESENT APPRAISALS TO THE COMMISSION TO ENABLE
THEM TO SET PARAMETERS FOR NEGOTIATIONS OF LEASE
AGREEMENT WITH MIAMI ROWING CLUB.
(B) DIRECT ADMINISTRATION TO PREPARE A PROPOSED SCALE
OF FEES FOR NONRESIDENTS TO USE THE ROWING CLUB
FACILITIES IN VIRGINIA KEY.
Vice Mayor Gort: Five. Discussion item on the Miami Rowing Club, Inc., the leasing
agreement.
Ms. Christina Cuervo (Assistant City Manager: Vice Mayor and Commissioners, we're bringing
this discussion item. The Miami Rowing Club is requesting an extension of their lease, and
pursuant to the Waterfront Charter Amendment, the Commission is the only one that can waive
the competitive bidding for not -for -profits to have a lease agreement in waterfront property.
Commissioner Plummer: Well, can I ask a couple questions first? How long are they asking to
extend for? What...
Vice Mayor Gort: J.L., let me do this. Why don't we let staff make their presentation. I think
most of the questions that we'll have will probably be answered.
53 June 13, 1996
lCommissioner Plummer: Oh, Fine.
Vice Mayor Gort: And then we'll ask questions.
Commissioner Plummer: Fine.
Vice Mayor Gort: All right? Staff. Mr. Rodriguez.
Mr. Eduardo Rodriguez (Director, Asset Management): By the attached letter from the rowing
club that you have in the package. They're asking for 20 years. They are...
Commissioner Dawkins: Twenty-year extension.
Mr. Rodriguez: Twenty-year extension. They have three years and a half to go. The lease ends
on the year... in December of 2000, so basically, three and a half years to go. They are asking
for 20 years. The staff is proposing something a little different, instead of an extension, and it's
in the memo that we prepared in the cover memo. We are recommending that they cancel... we...
they cancel the existing lease. They surrender and cancel the existing lease, based on new
Charter provisions for non-profit organizations of the Waterfront. We're going to follow the
same Charter provisions that we have and we did with the above club, recently. In other words,
jthey have to have a fair market...
Ms. Cuervo: Return.
Mr. Rodriguez: ... payment to the City, based on value in use, that this is a non-profit group that
gives community services. So we are... We will appraise the property as a value in use concept,
and we will come back to you. And the club will have to provide to the community six events,
according with the City Code, three for Hispanics, and three for blacks, following exactly the
same rules that we have, and we did it with the above club. We'll negotiate a lease, and we'll
come back to you. We are proposing a 20 years new lease with the club, based on that condition.
Vice Mayor Gort: OK.
Commissioner Plummer: Mr. Vice Mayor, if I may?
Vice Mayor Gort: Yes, sir.
Commissioner Plummer: Have you discussed this with the club, and are they in concurrence?
Mr. Rodriguez: Yes. We discussed it with the club, and the club is here, and members of the
club here, they are here, and they can confirm that.
Commissioner Plummer: OK. Now, why did you exclude three events for so-called Anglos?
Mr. Rodriguez: Because the Code says that, sir.
Commissioner Plummer: I'm sorry?
Mr. Rodriguez: We're following the Code, the language that we have in the Code today.
Ms. Cuervo: We can have it if they have...
Mr. Rodriguez: I have it here.
54 June 13,1996
Ms. Cuervo: If the Commission so desires, we can add that.
Commissioner Plummer: In other words, you, then, are not going to have any events for the
Anglo community set aside.
Mr. Rodriguez: No. This is a minimum requirement of the Code.
Commissioner Plummer: I understand that.
Ms. Cuervo: If the Commission so desires, we can ask the club to add three events for them.
Commissioner Plummer: Well, I still think in this town, there are three segments of this
community.
Ms. Cuervo: Agreed, and we'll ask the club to do that.
Commissioner Plummer: And I would think that it should very definitely be... I'm very much in
favor of the three black and the three Hispanic, but in all fairness, I could not vote if it did not
have the three... I think I'm called "Anglo"; is that correct?
Mr. : Gringo.
Commissioner Plummer: I don't accept...
Commissioner Carollo: Well, I've heard other names, too, but...
Commissioner Plummer: You know, on 8th Street, it's a "plantanado," but here, it's "Anglo," I
believe. So that would have to be a part of my vote.
Vice Mayor Gort: OK. Commissioner Dawkins.
Commissioner Dawkins: What amount of money does this organization owe the City of Miami
presently?
Mr. Rodriguez: To the City of Miami, sir, nothing. You know, the pay, the rental payment is
only a hundred dollars ($100) a year currently.
Commissioner Dawkins: They're rental payments is a hundred dollars ($100) a year.
Mr. Rodriguez: Right.
Commissioner Dawkins: And what do you think fair market value is for that property now?
Mr. Rodriguez: I cannot give you a number, sir. That would be the chairman, by two appraisals.
Commissioner Dawkins: All right. Defer this. Defer all of this till you can come back and give
me an answer. Come on. You do this every day. I mean, I'm not going to let you do this.
Mr. Rodriguez: Sir, you...
Commissioner Dawkins: This is your... It's your job. Listen to me, now. You are hired to
evaluate and estimate what property is worth, and you do it every day. Now, I didn't ask you to
give me a correct. I said, "What is a ball park figure that this land would be worth today?" Now,
you know. You know what the market is doing.
55
June 13, 1996
Mr. Rodriguez: I can give you...
Vice Mayor Gort: My understanding... Excuse me. My understanding is, there's no way we
can make a decision today, because we don't know what we're deciding.
Commissioner Dawkins: No, no, no.
Vice Mayor Gort: So what he's saying is, come back with all the figures, all the numbers...
Commissioner Dawkins: No, no, no. I'm getting to...
Vice Mayor Gort: The market value, yeah.
Commissioner Dawkins: No, no. Wait a minute. I'll listen to you. Go ahead.
' Ms. Cuervo: Commissioner, just as a basis of comparison, in the Outboard Club in Watson
Island, that the Commission authorizes to waive the competitive bidding and negotiate a lease
with the Outboard Club, we did a lease, and we're getting a fair market return now of thirty-five
thousand, six hundred dollars ($35,600),1 believe, a year. So that is a comparable property.
I
Commissioner Dawkins: Thirty thou... Thirty what, now?
Mr. Rodriguez: Thirty-five thousand.
Ms. Cuervo: Thirty-five thousand, six hundred dollars a year, compared to a hundred dollars
($100) a year.
Commissioner Dawkins: So that's three thousand dollars ($3,000) a month.
Mr. Rodriguez: About that.
Commissioner Carollo: Basically.
Ms. Cuervo: Exactly.
Commissioner Dawkins: For prime waterfront property.
Ms. Cuervo: Exactly. It's appraised as a value in use for a not -for -profit use.
Commissioner Dawkins: OK. All right. Well, then... Well, why don't we do this. Why don't
we let the three groups that he mentioned... Who did you say you're going to give free days to?
Mr. Rodriguez: They're going to have to... You want it by... What we have in the Outboard,
sir, the Commission decides what kind of event.
Commissioner Dawkins: OK. What... No, no. You said we got to get three... Name the groups
you said that we had to give, and J.L. Plummer added one.
Commissioner Plummer: No, there's no names. It's three black groups, three Hispanic groups,
and three Anglo groups. There's no...
Commissioner Dawkins: Well, why don't we...
56
June 13, 1996
Commissioner Carollo: I'd like to see three more.
Commissioner Dawkins: Go ahead.
Commissioner Plummer: Not the same...
Commissioner Carollo: Let's get the American Indians in there.
Commissioner Dawkins: OK. All right. No problem.
Commissioner Plummer: I knew that was coming. I knew that was coming.
Commissioner Dawkins: No problem.
Commissioner Plummer: Joe, let me tell you something. With the money they're making out
there, I wish we did have them as a group.
Commissioner Dawkins: Why don't you bring back to me a procedure where the groups you
just named could run it each year, and let them have three free days. You all want to give it to...
talking about let the public use the land. I'm... Let the group... You named the black group, the
Hispanic, the white group. Let each one of them have it one year, and let the present people who
run it now have three days a year or whatever they're offering for the same lousy three
thousand... twelve thousand dollars ($12,000)... three thousand dollars ($3,000) a month. Now,
that would be reasonable to me.
Commissioner Plummer: Who's going to maintain it?
Mr. Rodriguez: They are going to. It's a triple net lease.
Commissioner Dawkins: You know...
Commissioner Plummer: No, no. Under his proposal.
Vice Mayor Gort: Excuse me. Wait a minute.
Commissioner Dawkins: You know, under my scenario, whoever has it will maintain it. If they
don't, they lose it. Don't put... No. I mean, don't put obstacles in the way, you know? If it's
prime waterfront property, you can't tell me that you don't... they don't make more than three
thousand dollars $3,000) a month. So let's say for the sake of discussion that you make six
thousand dollars ($6,000) a month. You pay the City three. You got three thousand dollars
($3,000) to maintain it. Come on. That's who would maintain it. Or, if necessary, I will find a
group of youngsters in each of those groups name - the black, Latin and white - in high school,
who we would like to teach entrepreneurship. Let them form a company and let them become
the people who maintain it, janitorial services and what have you. And not only do we make it
available, we create entrepreneurship.
Ms. Cuervo: Commissioner Dawkins, it is a not -for -profit corporation. We would ask that the
club work with these organizations that are going to have these three different events to promote
what you're exactly asking for, and that they work cooperatively with them. Right now, they do
bring community activities to the site, but I think we'd gladly ask them to promote that.
Commissioner Dawkins: Well, before... when you... Let me tell you, I will not vote for the kind
of money that you're talking of getting in re... No, no, no. I'm going to tell you before you
negotiate, see. We have to understand what page we're on. OK? Now, if you want to come to
57 June 13, 1996
me before you negotiate and tell me what the parameters are that you're working in, then I can
tell you what parameters are acceptable to me. That's just me, though, now, see.
Ms. Cuervo: Perfect. Perfect. What we're asking you today...
Mr. Rodriguez: We can do that.
Commissioner Dawkins: And then I will tell you yes or no, and then you bring it back.
Mr. Rodriguez: Perfect. What we're asking today is...
Commissioner Dawkins: But, see, but it has to be better than what you're offering.
Commissioner Plummer: Well, do I understand that regardless of what plan under the new
Charter change, we do have to have an appraisal...
Mr. Rodriguez: Two appraisals, sir.
Ms. Cuervo: Yes.
Commissioner Plummer:... and we do have to establish a fair market?
Mr. Rodriguez: Right.
Ms. Cuervo: Yes.
Commissioner Plummer: So irrespective of who might be the recipient, that has got to be done.
Mr. Rodriguez: Right.
Commissioner Plummer: And that aspect of it, I would move that we proceed, so that, as the
Commissioner asked the question, "What is the fair return to the City?" regardless of who's
going to get in, we know what is the minimum amount that we would accept as a fair return.
Mr. Rodriguez: OK.
Vice Mayor Gort: Commissioner Dawkins.
Commissioner Dawkins: Bear in mind, when you return, that what the appraiser says is the fair
market value, I may think... I may ask for more than what it's appraised at. I may ask for it.
OK?
IVice Mayor Gort: OK. Commissioner Carollo.
Commissioner Carollo: Here we go again. And this is not because of this particular location.
This has to do with all the different locations we have in the City. How are we going about to
decide what is a fair market value? By that, I mean, we're deciding it based on what?
Commissioner Plummer: The appraisal.
Commissioner Carollo: Are we deciding it based on where the property lies, or are we deciding
it based upon whatever is suggested as being placed on that property?
Ms. Cuervo: Value in use.
58
June 13, 1996
Commissioner Carollo. Those are two very distinct and different things.
Commissioner Plummer: If 1 may.
Vice Mayor Gort: Excuse me. Let staff answer the question. Yes, sir.
Commissioner Plummer: The same... The same way we did with the Yacht
Club.
Mr. Rodriguez. Yes. Basically, Commissioner, there are several ways to appraise a property.
The typical... For commercial purposes, typically, you appraise it on higher and best use.
Basically, the appraiser would come and say, "For this type of property in that location, you can
put hotel, you can put whatever is the highest and best use, the use that would give more return,
you know, for that piece of property." There's another concept that is called a value in use. That
is a natural... It's an accepted appraisal principle. It's a value that that property has for that
specific use. In this particular case, we are using that for the non-profit groups, because they
cannot pay high and best use. But they can pay the appraisal value for that particular use.
Commissioner Carollo: But this is exactly what I mean. And what I would like to see from here
on in all properties that we deal with is that we get both appraisals -- the appraisal for the highest
and best use, and the appraisal for the actual use that they want to provide for that property, not
necessarily the highest and best use.
Vice Mayor Gort: In that case...
Commissioner Plummer: I would assume that the procedure in relation to this, in establishing
the fair market return is the same one that you use for the Outboard Club, and the Yacht Club,
Coconut Grove Sailing Club, that the same processes would be used to establish here as what
you did there.
Mr. Rodriguez: Correct.
Commissioner Dawkins: Well, that's my only problem. I have no arguments with this. I do
have an argument with all of our waterfront property being utilized, and the City of Miami
receiving what I don't feel is a fair return. And the only way to get to that is make sure that we
start someplace, because I'm sure that these individuals are benefiting tremendously. I'm sure
they're taxpayers, and this is just, for the lack of a better word, another park for them. But let's
know that, and let everybody pay the same thing.
Vice Mayor Gort: OK.
Commissioner Plummer: Do you need a motion to approve the... going forth to get the
appraisal? If so...
Ms. Cuervo: And a motion to allow us to negotiate with the Miami Rowing Club.
Commissioner Plummer: Well, no, I... OK, that's... If that's what you want, it's fine with me.
Ms. Cuervo: And we would bring that back to you.
Vice Mayor Gort: You can come back.
Commissioner Plummer: But you're also expending money for an appraisal, so I'll incorporate
that.
59 June 13, 1996
Mr. Mariano Cruz: Are you going to hear from the public?
Ms. Cuervo: Exactly. Thank you.
Vice Mayor Gort: OK. That was the motion. Is there a second?
Commissioner Dawkins: Wait a minute. What is the motion?
Mr. Cruz: Public...
Commissioner Dawkins: What is the motion?
Commissioner Plummer: The motion is to go forth with the appraisal.
Commissioner Dawkins: No, but then they added "and negotiations."
Commissioner Plummer: We can't negotiate till we have that back.
Commissioner Dawkins: Go forth for the appraisal, and come back, and then tell me what you
got, and then I will... we'll spell out some parameters to negotiate.
Ms. Cuervo: OK. Thank you.
Vice Mayor Gort: We can do that.
Commissioner Plummer: Fine with me.
Vice Mayor Gort: OK. It's been moved and seconded. Under discussion.
Mr. Cruz: Mariano Cruz, 1227 Northwest... I am referring here, because I am worried about all
these properties. Like CA-15 got to do with forty-five thousand dollars ($45,000) that were
paid... that are going to be paid from... on Watson Island, City property there, for the docks. I'm
worried if that was public, if that was... If the City owns this property and lease it, who is liable
for any accidents, slip -and -fall, forty-five thousand ($45,000), eight, ninety thousand dollars
($90,000) that the City pays all the time for people that slip and fall. Maybe the person comes
from Hialeah, or West Miami, or whatever, and slip and fall within the City limits. The City
owns that property, the City owns this. Who is liable for that property there? Because I know
that when you rent a car and you have a bad accident, people sue the owners of the... or the rental
company, too. They sue Alamo, the sue Hertz, Hertz Rent-A-Car, all that, because they know
that the bid money is with the company. The same things here. They're not going to sue Miami
Rowing Club. They're going to sue the City of Miami. So we have to make sure there's a very
legal clause about the monies, because I'm tired. I'm tired of sitting and hearing so much money
being paid out. And then, I come here in budget hearing, and they tell you there is no money for
the parks, there's no money to mail the agenda to concerned citizens. I mean, I am fed up with
1 that. And if I go to a park in any other place... In Hialeah, I have to pay a non-resident permit.
i When you go to many places, they say, no, this is for residents only. And they... Everybody...
Because I deliver mail to people over there, the Outboard Club, Biscayne Park, Miami Shores,
North Miami, and all that, because they don't have those facilities there. So why we have to
subsidize whatever they don't want to pay? No wonder they have beautiful parks there, because
they don't have to pay the money we pay in other things that are not necessarily for the citizens.
And we are tired of paying that. And maybe - maybe - there will be some changes soon.
Vice Mayor Gort: Thank you. Commissioner Dawkins.
June 13, 1996
Commissioner Dawkins: When you come back, come back with a scale that has a fee for non-
residential use.
Ms. Cuervo: We will.
Vice Mayor Gort: Yes, sir.
Mr. Manuel Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. I hope,
Commissioners, that you are aware that this Miami Rowing Club issue has been a sweetheart
deal for many, many years. It has been the subject of coverage by the Miami Herald, if we can
believe in the Herald, and the New Times, that they charge for having their affairs there... And
I'm not talking about the hanky-panky monkey business affairs, and private parties, supposedly a
non-profit organization. I mean, let's put the facts on top of the table. And I think that this
should be more deeply investigated, all these items brought to the people, because we are the
owners. The citizens of Miami are the owners of that land, and should we... And I have... do not
have access to that land, and I pay my taxes here. And full disclosure of members who are
relatives, friends, cronies of the emperor. Thank you very much.
Vice Mayor Gort: OK. All right. Is there any further discussion? Being none, all in favor, state
so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-416
A MOTION DIRECTING THE ADMINISTRATION TO PROCEED WITH
OBTAINING TWO APPRAISALS OF THE CITY OF MIAMI PROPERTY
LOCATED AT VIRGINIA KEY CURRENTLY BEING USED BY THE MIAMI
ROWING CLUB, INC.; FURTHER STIPULATING THAT THE APPRAISERS ARE
TO EVALUATE THE FAIR MARKET VALUE OF SAID PROPERTY BY USING
SAME PROCESS THAT WAS USED FOR THE OUTBOARD CLUB, THE YACHT
CLUB, AND THE COCONUT GROVE SAILING CLUB; FURTHER DIRECTING
THE ADMINISTRATION TO BRING BACK TO THE CITY COMMISSION SAID
APPRAISALS IN ORDER FOR THE COMMISSION TO SET PARAMETERS FOR
NEGOTIATIONS OF A LEASE AGREEMENT WITH THE MIAMI ROWING CLUB,
INC.
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:
None.
None.
61 June 13, 1996
...............................................................................••----.............---.....------
27. (A) RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE AWARD OF
CONTRACT TO VENECON, INC. -- TO PERFORM REQUIRED
WORK FOR CAPITAL IMPROVEMENT PROJECT: ORANGE
BOWL MODERNIZATION, PHASE III, RESTROOM
IMPROVEMENTS (18) 1996, B-6262 -- ALLOCATE FUNDS
($430,000 FROM CIP 404240 & O.B. OPERATING BUDGET).
(B) DIRECT ADMINISTRATION TO DISCUSS WITH COMMISSION
ALL PROPOSED EMERGENCY ACTIONS REQUIRING AFTER -
THE -FACT COMMISSION RATIFICATION PRIOR TO MANAGER
AUTHORIZING SAID PROJECTS.
Vice Mayor Gort: Item 6, Orange Modernization, Phase III, Restroom Improvements.
Commissioner Plummer: I have a question, and it's to Commissioner Carollo. Commissioner, I
notice that MSEA (Miami Sports and Exhibition Authority) has been paying a lot of bills
relating to sports, and I know you've paid some. This, of course, is money that would be coming
out of the City, and I'm just wondering if MSEA could be beneficial to the City to pay
something like this for the bathrooms.
Commissioner Dawkins: I would say... I would say no, because every time I look, you're
spending money on the Orange Bowl. You put a fence around, and every time you look, it's
money for the Orange Bowl, and not for parks. And I, me, for one, would say I don't think
MSEA should pay this. I think it should be.., come right out of wherever you've got it
earmarked to come from now, but that's just my personal opinion, J.L.
Commissioner Plummer: That's fine.
Commissioner Carollo: Hold on, hold on, hold on. We're talking now... I...
Commissioner Plummer: Item 6.
Commissioner Carollo: I lost your question, Commissioner.
Commissioner Plummer: My question simply was, was it possible that MSEA could pay, since
it's an improvement to a sports facility?
Mr. Cesar Odio (City Manager): This was paid by MSEA.
. Commissioner Carollo: Yeah.
Commissioner Plummer: It's already been paid?
Mr. Odio: The MSEA...
j. Commissioner Carollo: It has been approved by this Commission, yeah.
Yes. The reason that this is ratifying is because I had to...
62
June 13, 1996
Commissioner Plummer: Couldn't be better.
Mr. Odio: I had to wait for MSEA to approve it.
Commissioner Plummer: OK. So what do you want us to do now?
Commissioner Carollo: But it had been approved.
- Commissioner Plummer: Approve the ratification?
Mr. Odio: You did approve it.
Mr. Wally Lee: Yeah, ratification of the award of contract.
Commissioner Plummer: Second the... Second the motion.
Commissioner Carollo: This has all been approved by all of us.
Commissioner Dawkins: May I? May I?
Vice Mayor Gort: It's moved... "Esperate," wait a minute. Excuse me.
Commissioner Dawkins: No, no. May I?
Vice Mayor Gort: There's a motion and a second.
Commissioner Dawkins: May I?
Vice Mayor Gort: You want to speak before the motion?
Commissioner Dawkins: A point of special privilege.
Vice Mayor Gort: Yes, sir.
Commissioner Dawkins: See, I know this, see, but J.L. Plummer always has to have something
to say. Now, this is already approved, and ready to go, but J.L. Plummer just looks through here
and he decides, well, this is something I ought to speak on, and he goes on it. So let him go
ahead. Go ahead. Go ahead, Commissioner.
Mr. Odio: Well, he's related to Mariano. No.
Vice Mayor Gort: OK. It's a motion and a second.
Commissioner Dawkins: Yeah, I second the motion.
Vice Mayor Gort: It's been moved and seconded.
Mr. Mariano Cruz: But I don't get paid. It costs me money to come here.
Commissioner Carollo: Hold on, hold on.
Vice Mayor Gort: Under discussion.
Commissioner Carollo: Let me say this for the record. MSEA, for many years, had been
spending our money in the City of Miami in many things that were not benefiting the City of
Miami, like it was created to do. We were spending tens of thousands of dollars outside of the
City of Miami, in...
Mr. Cruz: Perrin.
Commissioner Carollo: ... things that I really don't even want to get into, because sometimes it's
best to look the other way if you know something is going to explode if you dig in and look into
it. But the bottom line was that we had monies that the City of Miami could use for
improvements of our sports facilities. I, frankly, would much rather see three hundred and
ninety thousand dollars ($390,000) from MSEA go to repair needed repairs in the Orange Bowl
than to, for instance, have spent it like we did with one item, four hundred and fifty thousand
dollars ($450,000) in something that, yes, will be held in the City, but I question the long-term
benefit that we will have in the City of Miami, such as some very near activities that we'll be
having held in the City of Miami. But one of the areas that I would like to - not today, but in the
near future - get direction from my colleagues on the Commission is where they would like to
see some of the funds that MSEA could use for facilities in the City of Miami go to. For
instance, we have a convention center here that's in need, very, very dire need of repairs. Should
MSEA use some of that money to repair the convention center? I personally feel that we should.
But I would like for all of my colleagues to think about that, because even though I have been
appointed by you to make decisions there on my own, I would like to make decisions such as
this with the approval of, if not all of us, certainly, a majority of us. So, you know, if my
colleagues could consider this, and then at some later meeting, you know, if we could bring it up
here and discuss it, because...
Vice Mayor Gort: Commissioner.
Commissioner Dawkins: Well, Mr. Commissioner, it's... I'm glad you said that, because right
now, I am working with the Director of the Convention Bureau to come up with a budget, which
I would like to come before MSEA with, and ask you to fund for the repairs to our Coconut
Grove Center. So we're working on preparing a place for that now.
Vice Mayor Gort: Well, my understanding... Commissioner Carollo, my understanding was this
is the Sports and Convention Authority, and part of what it was created to do this, just what you
stated, so we can get right on it.
Commissioner Carollo: Absolutely. Sports and Exhibition Authority. That means that we're
also responsible in working to bring conventions and exhibitions to Miami. And frankly, that's
the one thing that MSEA was hardly doing nothing on, and if there was one area where we
should have had employees - not just one, but quite a few working on - was that. And that's why
I think that was part of the reason that this Commission was in agreement to have done what we
did at the last meeting. But on the convention center, J.L., I have to say this here on the record,
also. Commissioner Plummer, in particular, and really, all of us that were here way back, when
the present Arena was being built, Commissioner Plummer, in particular, took a lot of heat. And
some of us now are being accused of voting for something wrong back then. Also, because it is
said by some now that when we were building the present Arena, Commissioner Plummer
suggested that ten million dollars ($10,000,000) be taken from the construction of it to be used in
the convention center here. And that is the excuse that some have given why we've having to
build a new Arena, because those ten million dollars ($10,000,000) supposedly ruined this new
Arena, or the present Arena. The truth of the matter is that those ten million dollars
($10,000,000), the only thing in addition that it would have brought to the present arena would
have been some ten to 12 sky boxes. That's all we're talking about, some ten to 12 sky boxes.
So that would not have made a difference, whatsoever, in the situation we have today with this
Arena. What would have made a difference back then would have been if other governmental
bodies that have ten, 15 times the amount of yearly budget that we have, including the others
64 June 13, 1996
from Broward, would have stepped forward and said, "Hey, City of Miami, we're willing to help
you out." Nobody wanted to take the chance that we took to bring professional basketball and
professional hockey to Miami. The City of Miami took the lead, stood alone, and if it hadn't
been for the leadership that this City showed, we still might not have professional basketball or
hockey...
Mr. Cruz: And baseball.
Commissioner Carollo:... in Miami or for South Florida.
Commissioner Plummer: Commissioner, if I may. I will go into it later. History has a way of
repeating and bringing up the facts, sometimes overlooked for the convenience of others. I
would hope that MSEA would be taking a very hard and long look at what originally was
determined by this Commission to be its greatest need, and that was an exhibition center. The
hotels in downtown Miami today are hurting for the lack of an exhibition center. They go to the
Beach first because they have exhibition centers. What happened was, after the legislation came
back from Tallahassee, some very self -interested people wanted a Sports Authority, and said,
"Let's do that first, and the we'll do the exhibition center." To this day, we still do not have an
exhibition center. And without an exhibition center, you don't draw conventions. And our
convention business has gone downhill and continues to go downhill as we look across the bay
to Miami Beach and seeing them getting all of the convention business. And I got to tell you, I
would hope when you're ready, I'll put my shoulder back to the wheel, which I did before, and I
will look to trying to bring about a convention... an exhibition center. It's sorely needed in this
community, if we're ever going to turn around our downtown area, our convention business. We
already have on the boards, and it's a go item, the Performing Arts. I think the Maritime Park is
a go item. But you have to have people where they can go to hotels, first class hotels. They're
going to require that there be an exhibition center. So I hope in the future, that's where MSEA
will be putting a great deal of their efforts.
Commissioner Carollo: Commissioner, I thank you for that statement, and I fully concur with
you, and I think that by this Commission working together in putting all of our shoulders behind
this as one, we will be able to accomplish that.
Vice Mayor Gort: Thank you. Yes, sir.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. I thought we were living in a
representative democracy, you know, a government of the people, by the people and for the
people. But according to what I see here, I think it's not anymore. Because what I see here is a
waiving of.. Most of the time, it's waiving the requirement of competitive bidding. Is this a
government by "yucas"? No. "Yucase," the old decrees from the imperial time of the czars, that
if they were a proclamation it would to make a law? It looks like that, the way we're living here.
Because if we go through history, and there I would mention Santillana. "If you don't remember
your history, you would be content to repeat the mistakes of the past." We are not taking care of
the neighborhoods. And I don't mind taking care of the Orange Bowl, that's fine. But it's got to
be done the proper way. And also, that you could do, like when you were taking care of
Bayfront Park, and then every dollar that was spent in Bayfront Park, there was a matching
dollar for the inner city parks. Remember that. Eight point some million dollars when... Our
parks have lights on account of that money. Not all the money that went to Bayfront Park and
the whole thing. So why is all the money being spent in the Orange Bowl with such a haste?
Four, three hundred, four hundred thirty thousand dollars ($430,000), OK, that's fine. But why...
put on the same haste with revenue and the whole thing. Was it used with Bobby Maduro
Stadium, with the whole thing there? No. But now, they present that... And you don't know
what the "yucas," the whole thing... The czar used to work with the nomenclature, right. The
bureaucrats... And the same apparatic, bureaucrats, went to whom? Went to Lenin, Stalin,
65 June 13,1996
Kruschev, everybody was following the same pattern. Because the czar... And the whole thing
went by, but the bureaucrats remained. And in Russia, you still have the same thing. And that's
what happened. We're working for the bureaucrats. And I am tired of that. I vote for the
Commissioners. I didn't vote for Cesar Odio. I vote for you. OK? And you have to represent
me. Defend the money there. And you have to read a little more books about Plato, "The
Republic," or the only thing people here read is "The Prince" from Nicoli Machiavelli, it looks
like.
Vice Mayor Gort: Thank you, sir. Yes, sir.
Mr. Odio: I just want to put on the record, Mr. Mayor...
Vice Mayor Gort: When they finish, you put it on the record. Let them finish.
Mr. Manuel Gonzalez-Goenaga: I am Mr. Manuel Gonzalez-Goenaga. If I am not mistaken, on
the May 23rd Commission meeting, Mr. Odio made representations to the citizens and to the
Commissioners, that no more Orange Bowl issues were going to be brought up. The last one.
So that is to refresh your memory. And now, we have another four hundred non-competitive
bidding, and thirty thousand, supposedly, for 18 restrooms. Let me tell you, Commissioners, I
have travelled to Paris not at taxpayers' expense - and the leak that I took in Paris was the most
enjoyable one, and very inexpensive.
Vice Mayor Gort: Excuse me, sir. Stick to the issues at hand, please, sir.
Mr. Gonzalez-Goenaga: Well, the issue is that if you count four hundred and thirty thousand and
you divide it by 18 leaking places, we have a urinal worth twenty-four thousand dollars
($24,000). Come on, babies, let's start accountability.
Vice Mayor Gort: Thank you, sir. Mr. Manager, you want to put something on the record?
Mr. Odio: I just... For the record, these bids were sealed bids. This was... We could not have
awarded this before, because the Miami Exhibition and Sports Authority had not allocated the
funds. If they had not allocated the funds, we would not have done this project. And it's not 18
urinals. It's 18 bathrooms, for a lot of people.
Commissioner Carollo: Is Christina Abrams here, please? Christina, come up here so that you
can explain exactly what it is this money was spent on. I think it's important that the public
knows. Because the way it's presented here, it gives a different impression. I can certainly see
why someone would think that we're spending the kind of money that was mentioned on the
urinals.
Ms. Christina Abrams: All right.
Commissioner Carollo: Now, before she explains that to the public here and at home, let me say
this. Part of the problem that we've had here... This is why this is an emergency, and I'm not
trying to defend anyone in staff, because everyone knows that I have had some of the same
concerns and problems with the Administration. But in this particular item, the City of Miami
did not have the money to spend in the restrooms that we needed to repair. We're having eleven
Olympic soccer matches this summer, right around the corner, in the Orange Bowl. And we
were being faced with a situation that we had bathroom stalls that, outside of falling apart,
people that would go to those bathrooms would have toilets lined up, one after the other, and
there was no partitions at all. At the same time, since the City of Miami did not have the money
to make those repairs that were needed, and additions, Christina came to me, Christina Abrams,
and we had a discussion. And my suggestion was, I said, "Look, let's do what the Sports
66 June 13, 1996
a�
V
Authority was created to do, and use some of our monies to help our City's sports facilities."
And we went to the board of the Sports Authority, and the three hundred and ninety thousand
dollars ($390,000) was approved. And until that time, there was no money. And the time was so
short, when we were finally able to come to a solution, since the City didn't have the money, that
this is why they had a very difficult time in going about it in a different way. But I think you
also need to explain how you went about the bid process...
Ms. Abrams: All right, Commissioner. The only thing to add...
Commissioner Carollo: ... because that's very important.
Ms. Abrams: The only thing to add to it is, we had refurbished 18 restrooms several years ago at
a cost of one point two million dollars ($1.2 million). We needed to refurbish those bathrooms,
because, as you said, they were in very bad shape. But, you know, we understood that we had to
do so economically. So we worked with Public Works, and they came up with the specifications
to redo the bathrooms at the least expensive cost possible. It's not as glamorous as we would
have liked, but it's very good, and it definitely improves the appearance and the enjoyment of the
Orange Bowl, which we felt was necessary to host the Olympic Games.
Commissioner Carollo: How many bathrooms all together were repaired or are being repaired
with this money?
Ms. Abrams: The Orange Bowl has 48 restrooms, and we are refurbishing 18 of them.
Eighteen. Now, they're not 18 single stalls. Some of those bathrooms have as many as 12
urinals, and 12 bathrooms, and so on and so forth.
Commissioner Carollo: OK. So it's 18 all together, some of which have at least 12 urinals, 12
stalls, and so on.
Ms. Abrams: Exactly, right.
Vice Mayor Gort: You're talking about 180, more or less.
Commissioner Plummer: Yeah. Quit selling beer and you won't have that problem.
Mr. Wally Lee (Assistant City Manager -Public Works): Let me say something. Commissioner,
in addition, we're putting new partitions on all of them, new counters in the ladies', new floor
tile, floors and tile walls.
Commissioner Carollo: Well, you're basically redoing...
Mr. Lee: Yes, sir.
Commissioner Carollo:... completely those whole 18 multiple bathrooms.
Mr. Lee: That's correct.
Vice Mayor Gort: OK. Is there any further discussion? Being none, all in favor, state so by
saying "aye."
The Commission Collectively: Aye.
Commissioner Dawkins. Under... I mean I vote yes.
67 June 13,1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-417
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, WAIVING THE REQUIREMENTS
FOR COMPETITIVE BIDDING PROCEDURES, AND APPROVING THE CITY
MANAGER'S AWARD OF CONTRACT TO VENECON, INC., TO PERFORM THE
WORK REQUIRED FOR THE CAPITAL IMPROVEMENT PROJECT ENTITLED
"ORANGE BOWL MODERNIZATION, PHASE III, RESTROOM IMPROVEMENTS
(18) 1996, B-6262", IN AMOUNT OF $430,000.00; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 404240, AS
APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS
AMENDED, IN THE AMOUNT OF $390,000.00, AND THE ORANGE BOWL
OPERATING BUDGET, ACCOUNT CODE NO. 350503-840, IN THE AMOUNT OF
$40,000.00; FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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: None.
Vice Mayor Gort: Seven.
Commissioner Plummer: Move 7.
Commissioner Dawkins: Before we get to 7, Mr. Manager, I kind of agree with Mariano. I
think we have started a new run here. We're going to have a new Commission. I would hope
that from this day on that we don't have any more ratifying and approving of these half a million
dollar contracts, quarter of a million dollar contracts. I would hope that from this day forward,
these kinds of contracts or these kinds of issues would be discussed with the Commissioners
prior to it occurring, and then we go and do it. Now, I'm going to tell you now, I want the
Manager discussing it with me. I don't want no department head coming to me. I'd like to sit
down, and me and the Manager agree. Then I can say to Mariano, "Yes, we discussed it, we
went out and we did this." So I would hope that... I don't think I need to make a motion on that
or anything, but that should be as of June the 13th, there should be no more ratifying and
approving and confirming any emergency in this kind of money. OK?
Vice Mayor Gort: Well, Commissioner Dawkins, if you remember, about three or four months
ago, we requested that, that we didn't get any more of this.
68 June 13, 1996
f
Commissioner Plummer: Exactly.
Commissioner Dawkins: But you see... See, but in all... See, we box the Manager in, and he
can't defend himself. OK? The reason the Manager... we said that, the Manager agreed to that,
and then you all decided in your infinite wisdom to have one meeting a month. And you didn't
get through half the agenda. So the Manager had no choice but to go do what he had to do, Mr.
Vice Mayor, and come back and tell us, "Hey, I had an emergency. I had to do it."
Vice Mayor Gort: I understand, Commissioner Dawkins.
Commissioner Dawkins: That was our... It's not the... I can't... See, when the Manager is at
fault, I don't mind faulting him. But when he's not at fault, that fault belongs right here.
Commissioner Carollo: Well, I think the bottom line is that we all are in agreement that this is
not going to be going on any longer, and this shouldn't be happening again. We had a very
unfortunate crisis before that, you know, we tried to do what was best at the time but...
Vice Mayor Gort: It was needed.
Commissioner Carollo: It's not going to happen again. Correct, Mr. Manager?
Mr. Odio: I don't want the responsibility. Yet, there are some times that if I don't act...
I Commissioner Dawkins: Well, I'll take it. I'll take that responsibility.
Commissioner Carollo: We understand that. We understand that. But we need to, you know,
stop this fully.
Mr. Odio: I agree. But you see this agenda. You won't believe what goes on before they are
placed. There are no...
Commissioner Carollo: Well, I understand, believe me. I understand. And let me say this also,
that should be fair to say. The amount of work that the Administration has had in the last couple
of months in particular, it has been tremendous. And I know that. For instance, yesterday or the
day before, some of us were working around the clock, practically, to accomplish some other
things that we needed to - a vairety of very complex contracts and negotiations and so on - that
will represent to the City of Miami millions of dollars in additional revenues. So having said
that...
Mr. Odio: If you take the next item, I want to...
Vice Mayor Gort: OK, item 7, can't take now. Miller walked out for a minute and we got to
wait until he comes back.
Mr. Odio: OK.
Vice Mayor Gort: Item 8.
Commissioner Plummer: Move it.
A. Quinn Jones, III, Esq. (City Attorney): It needs 4/5ths as well.
Vice Mayor Gort: Can't do 8.
69
June 13,1996
----------------------------------------------------------------------------------------------------------------
28. APPROVE CITY OF MIAMI AFFORDABLE HOUSING INCENTIVE PLAN,
PURSUANT TO IMPLEMENTATION OF STATE OF FLORIDA HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR FY 1995-1998 --
AUTHORIZE MANAGER TO SUBMIT PLAN FOR REVIEW / APPROVAL
BY STATE OF FLORIDA HOUSING FINANCE AGENCY.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Ten.
A. Quinn Jones, III, Esq. (City Attorney): You can do 10.
Commissioner Plummer: Move it.
Commissioner Carollo: OK, hold on. Where are we at?
Vice Mayor Gort: Item 10, a resolution approving the State of Florida Required Housing
Incentive Plan.
Commissioner Carollo: Second.
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.
Vice Mayor Gort: Unanimous.
70
June 13, 1996
r
RESOLUTION NO.96-418
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE CITY OF MIAMI
AFFORDABLE HOUSING INCENTIVE PLAN, PURSUANT TO THE
IMPLEMENTATION OF THE STATE OF FLORIDA HOUSING INITIATIVES
PARTNERSHIP ("SHIP") PROGRAM TO THE CITY OF MIAMI FOR THE PERIOD
COVERING FISCAL YEARS 1995 THROUGH 1998; AUTHORIZING THE CITY
MANAGER TO SUBMIT SAID AFFORDABLE HOUSING INCENTIVE PLAN,
ATTACHED HERETO AND MADE A PART HEREOF, FOR REVIEW AND
APPROVAL BY THE STATE OF FLORIDA HOUSING FINANCE AGENCY; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS AND AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO CARRY OUT THE TERMS AND CONDITIONS OF SAID
PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: Commissioner Miller J. Dawkins
ABSENT: None.
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner Dawkins requested of the Clerk to be shown in
agreement with the motion.
Commissioner Plummer: 4/5ths on 16.
Vice Mayor Gort: Eleven.
Commissioner Plummer: Eleven? Can we take 11?
Vice Mayor Gort: Yes.
Mr. Jones: It's a personal appearance.
Commissioner Carollo: You know what, Commissioners? Can we just take a three minute...
Mr. Odio: Commissioner Dawkins is back.
Commissioner Carollo: OK, that's fine.
71 June 13,1996
W
Commissioner Dawkins: How did you all get all the way to 10?
--------------------------------------------------------------------------------------------------------
29. RATIFY MANAGER'S EMERGENCY FINDING -- WAIVE COMPETITIVE
SEALED BIDS -- APPROVE EMERGENCY REPAIR OF MACK GARBAGE
TRUCK -- FROM MACK SALES OF SOUTH FLORIDA -- ALLOCATE
FUNDS ($8,017.74).
Vice Mayor Gort: Item 7.
Commissioner Plummer: I'll move 7.
Vice Mayor Gort: We were waiting for you.
Mr. Cesar Odio (City Manager): Let me... Can I explain something on 7 for an instant?
Vice Mayor Gort: We were waiting for 7... for you. We need 4/5ths.
Mr. Odio: What we face sometimes, this is a brand new...
Vice Mayor Gort: Excuse me. Wait a minute. Let me put Commissioner Dawkins up to date.
The only one we moved on is item 10, which is a resolution approving the State of Florida...
Commissioner Carollo: Would you like to be shown voting on this one, Commissioner?
Commissioner Dawkins: Yes, by all means.
Commissioner Carollo: OK.
Vice Mayor Gort: OK.
Commissioner Dawkins: Because I didn't... OK, go ahead.
Mr. Odio: Commissioner Dawkins, I...
Commissioner Dawkins: Well, move 6 or whatever it is.
Six?
Vice Mayor Gort: We're on item 7.
Commissioner Dawkins: Move 7.
Vice Mayor Gort: It's been moved.
Commissioner Plummer: Second.
Whatever... What are we on now?
Vice Mayor Gort: There's a second. Any further discussion? Being none, all in favor, state so
by saying "aye."
72 June 13, 1996
The Commission Collectively: Aye.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-419
A RESOLUTION BY A 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
ED BIDS AND APPROVING THE EMERGENCY
FOR COMPETITIVE SEAL
REPAIR OF A MACK GARBAGE TRUCK, IN THE AMOUNT OF $8,017.74, FROM
MACK SALES OF SOUTH FLORIDA, LC., A NON-MINORITY/DADE COUNTY
VENDOR, LOCATED AT 6801 N.W. 74 AVENUE, MIAMI, FLORIDA, 33166;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 420901-670; FURTHER RATIFYING,
- APPROVING AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF AN
EMERGENCY PURCHASE 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 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: None.
- -------------------------------------------------------------
30. WAIVE COMPETITIVE SEALED BIDS -- APPROVE EMERGENCY
AWARD OF CONTRACT TO PETROLEUM MANAGEMENT, INC. -- FOR
CLEANUP AND LEGAL DISPOSAL OF NON -HAZARDOUS PETROLEUM
CONTAMINATED SLUDGE AT THE CATCH BASIN OF THE VEHICLE
AND EQUIPMENT ADMINISTRATION DIVISION'S EQUIPMENT YARD --
ALLOCATE FUNDS ($35,000).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 8.
Commissioner Plummer: Move it.
Commissioner Dawkins: Second.
Vice Mayor Gort: It's been moved and seconded. Any discussion?
73 June 13, 1996
Commissioner Plummer: Something about growing papayas in the Bahamas. Are we
comfortable that this is not going to create the same kind of problem?
Mr. Ron Williams (Assistant City Manager): Commissioner, yes. This is petroleum sludge from
our facility on 20th Street.
Commissioner Plummer: OK. OK.
Vice Mayor Gort: OK. It's been moved and seconded.
Commissioner Plummer: Yes.
Vice Mayor Gort: 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. 96-420
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
AUTHORIZING WAIVER OF THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS, AND APPROVING THE EMERGENCY AWARD OF CONTRACT
TO PETROLEUM MANAGEMENT, INC., FOR THE CLEANUP AND LEGAL
DISPOSAL OF NON -HAZARDOUS PETROLEUM CONTAMINATED SLUDGE AT
THE CATCH BASIN OF THE VEHICLE AND EQUIPMENT ADMINISTRATION
DIVISION'S EQUIPMENT YARD, IN THE AMOUNT OF $35,000; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF GSA/SW, VEHICLE AND
EQUIPMENT ADMINISTRATION DIVISION FY '95-96 OPERATING BUDGET,
ACCOUNT NO. 420901-670, PROJECT NO. 509000. AUTHORIZING 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.)
74
June 13, 1996
Vice Mayor Gort: Item 9.
Commissioner Plummer: Move it.
Vice Mayor Gort: It's been moved.
Commissioner Dawkins: Second.
Vice Mayor Gort: Seconded. Any discussion? Being none, all in favor, state so by saying
11aye•
11
75 June 13, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-421
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY AND WAIVING THE
REQUIREMENT FOR COMPETITIVE SEALED BIDS FOR THE HIRING OF
LABORERS DURING THE RELOCATION OF THE MUNICIPAL SHOP FROM
BRICKELL PERSONNEL CONSULTANTS IN THE AMOUNT OF $9,226.40;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, PROJECT NO.311018, INDEX CODE 429402-340.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
NAYS:
ABSENT:
Vice Mayor Gort: Ten has been passed.
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
76
June 13,1996
-- - -- --------------------
32. (A) DIRECT CITY ATTORNEY TO REVIEW THE WHISTLE -BLOWER
ORDINANCE PROPOSED BY MANUEL GONZALEZ-GOENAGA
AND PROVIDE RECOMMENDATION.
(B) DIRECT ADMINISTRATION TO POST COPIES OF THE WHISTLE -
BLOWER ACT THROUGHOUT CITY DEPARTMENTS --
ESTABLISH PROCESS FOR EMPLOYEES CONCERNING
WHISTLE -BLOWER ACTIONS -- SEND TRANSCRIPT OF
ALLEGATIONS MADE BY MR. GONZALEZ-GOENAGA TO
STATE ATTORNEY AND U.S. ATTORNEY'S OFFICE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Eleven.
1
Commissioner Dawkins: Eleven.
Vice Mayor Gort: Personal appearance.
dr. Manuel Gonzalez-Goenaga: Good morning, Commissioners. I am going to read from the
etter of petition that I made dated May 8,1996.
"Honorable Gentlemen: Last March, I presented, as a private citizen, for your
consideration an emergency ordinance, the 'Whistle Blower' Ordinance, giving
strong supporting reasons for your consideration and approval. As of this date,
May 8th, one month later, you have totally failed to even consider the merits and
necessity of the ordinance to bring about honesty and integrity to City
government. I again reiterate the importance of this ordinance that will bring out
a lot of illegal actions that you cannot discover from your position as
Commissioners. I sincerely expect your consideration of the ordinance in the
May 23rd, 1996 Commission meeting. Expectantly yours, Manuel Gonzalez-
Goenaga."
knd here we are, where the Management tells me, "We are putting you on the consent agenda."
Chey do not even understand my clear, concise, to the point English. And I'm going to do it in
,ery simple terms. Commissioners, this is an extremely serious matter. I have been approached
)y many City employees who want to talk and sing - and they promised me that they will sing
)etter .than Maria Callas in her best times - regarding lack... illegal actions committed by some
nembers of this Management. And they say that they will not go to the State Attorney's Office,
ind that, I will talk at the proper time with Mr. Centorino and Princess Katherine, because they
ire scared of political repression. And of course, the State Attorney's Office is a political office,
ilso. She goes for election. And it's about time something is done soon and fast. You
commissioners might know. If you don't know, you will find out. And I can guarantee you,
dr. Plummer that this will... If this ordinance is passed properly, you will not see me here again.
Phere would not be any need to ask for accountability, because let me tell you... And
ncidentally, you are going to be a shareholder of the Republic National Bank, you. Because I
Lm donating some of my stock to you.
Commissioner Plummer: I appreciate that, sir, but for the record, make it very clear that you did
that after the accusation that I had shares.
Mr. Gonzalez-Goenaga: And that's not a big deal. I wish you would have it. You would have
made more money than with the City. But the issue is, let's talk business, and don't put your
head in the sand. I have made... I have not made any accusations. The employees of the City of
77
June 13, 1996
Miami want to sing about corruption in the City. Under oath, let's do something about it. And if
we need another Mayor, not by the vote.., by the voters, I might as well suggest Mickey Mouse.
At least he makes me laugh.
Vice Mayor Gort: Thank you, sir.
Commissioner Carollo: Mr. City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Commissioner Carollo: He's made some pretty grave statements - not accusations - and while
it's fine to maybe smile, laugh, put it aside, they are very grave allegations that Mr. Goenaga has
made here. Now, I think this Commission should go on record in sending a copy of his
statement to the State Attorney's Office, to the U.S. Attorney's Office, and to any other
. _ governmental body that it would be appropriate to send it to. At the same time, I don't know if
you have a copy of the ordinance that he has proposed.
A. Quinn Jones, III, Es (City Attorney): I don't have a copy of it.
� q ( Y )
f Commissioner Carollo: OK.
Mr. Jones: But let me just say this, Commissioner. There is really no need for the City to enact
such an ordinance, because the State Statute is more than adequate.
Commissioner Carollo: Well, nevertheless, that might be so, but I would like for you to receive
a copy of his proposed ordinance. If the Administration doesn't have one, I'm sure Mr. Goenaga
can make one available to you, for you to study it, go over it, and if you feel that we have
sufficient laws to cover anything that his ordinance has, then so inform this Commission.
Vice Mayor Gort: I'd like to add to that, Commissioner Carollo, that whatever ordinance that we
have presently, or any laws to protect any employee that would like to make any statement, it
should be posted in all of the offices so they can see it and they're aware of it.
Commissioner Plummer: It's Federal law now.
Mr. Jones: Well, not only is it Federal, it's a State law.
Commissioner Plummer: It's a Federal and a State law already in existence.
Vice Mayor Gort: I understand but...
Commissioner Plummer: Yeah but...
Vice Mayor Gort:... go ahead and put a copy of it.
Commissioner Plummer: Mr. Mayor, it's...
c
Mr. Gonzalez-Goenaga: My suggestion is to finish, and I need to leave.
Vice Mayor Gort: Excuse me.
Commissioner Plummer: To try and to establish a process of bringing out things that are wrong
without someone willing to come forth... As we've heard many times, people go to the State
Attorney's Office, but they refuse to testify, and they have to drop the matter and drop the
78
June 13,1996
;y
+ subject. For them to testify under oath is the same problem. We have two... Mr. Goenaga might
I not agree with it, but presently, we have a thing called Internal Affairs.
Mr. Gonzalez-Goenaga: Hal They are the "cover-up department."
Commissioner Plummer: OK. We already have that in place. And we also have a thing called
the State Attorney's Office. Now, you know, to add another layer on that, I don't know what
would be accomplished. I really don't.
Vice Mayor Gort: Well, J.L., my understanding is... There might be a lot of employees, and I'm
sure they're watching this, that they get the message that anybody comes forward and things like
that, they will be protected by this Commission.
Mr. Jones: As a result of the State of Florida enacting the Whistle Blower's Act, I think, which
was three or four years ago, just last year alone, we had three whistle blower acts or whistle
blower cases filed against us, to give you some idea that the employees do know.
Vice Mayor Gort: Good. OK.
Commissioner Plummer: So it does work.
Vice Mayor Gort: Thank you.
----------------------------------------------------------------------------------------------------------------
33. DIRECT MANAGER TO MEET WITH TONY MOLINA TO DETERMINE
AMOUNT OF FUNDS NEEDED TO REFURBISH MIAMI SPRINGS GOLF
COURSE -- DIRECT MANAGER TO NEGOTIATE CONTRACT USING
SAME PROCEDURE AS IN NEGOTIATIONS FOR MANAGEMENT
CONTRACT IN CONNECTION WITH MELREESE GOLF COURSE
(PROVIDED COURTS UPHOLD LEGALITY OF MELREESE
MANAGEMENT CONTRACT).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Twelve has been withdrawn. Thirteen, Miami Springs Country Club, Tony
Molina.
Commissioner Plummer: Tony went... Oh, here he is.
Mr. Tony Molina: I was here at the last meeting, and I was requesting to avoid the minimum of
twenty thousand ($20,000), since I have met it all the time. And most of the time, I have been
over the minimum, but these last few years, it's not... the facility is not in the same way it was.
So I want to see if I can keep the twenty thousand ($20,000) minimum for the year, plus some
few things that I would like to adjust, that needs to be done, like carpeting, et cetera, et cetera.
Commissioner Dawkins: My fellow Commissioners, I asked Mr. Molina to come back, and I'm
going to make a motion now that Mr. Molina - and I will find someone else - and that the
Manager provide Mr. Molina with the same four million dollars ($4,000,000) to rehab the
Melreese... I mean the Miami Springs Golf Course on a management contract, just as we did on
the Melreese. If we can do it for one golf course in the City of Miami, we can do it for another.
And I move that Mr. Molina meet with the Manager, and that they come back at the next
meeting with a management contract, along the same lines as the one for the Melreese Golf
Course. I so move.
W
June 13, 1996
Commissioner Carollo: Commissioner, let me second it for the purpose of discussion. It is my
understanding that this is still in the courts. My understanding is that sometime in the next few
months, the Third District Court of Appeals will be hearing this matter, and I really don't think
that it would be appropriate for us to get involved in any more management contracts or so-
called management contracts until the courts decide - the Third District Court of Appeals - if,
indeed, what was done at the Melreese Golf Course is a management contract, or, indeed, a
lease. So I would think it would be prudent for this Commission that we wait until that is
finalized.
Commissioner Dawkins: After listening to Commissioner Carollo, I withdraw my motion, and I
state another motion, which says that Mr. Molina meet with the Manager now, and whatever
relief is needed, that it's given to him with the understanding that if the courts find that,
quote/unquote, a management agreement is legal and binding, that the same management
agreement be provided to Mr. Molina. I so move.
Commissioner Carollo: I'll second that motion.
Vice Mayor Gort: It's been moved and seconded. Discussion?
Commissioner Plummer: I have no idea of what we're actually talking about, as to the
I parameters. I'm assuming, Commissioner, your motion says that they would return to the City
no less than what the others were agreed upon.
Mr. Jones: It would have to be done on a competitive basis.
Commissioner Dawkins: No more and no less.
Commissioner Plummer: Well, wait a minute. The City Attorney is telling me... What?
Mr. Jones: Well, you can't give any preference to one group. It has to go through a competitive
process.
Commissioner Carollo: Yeah, a competitive process.
Mr. Jones: So if he...
Commissioner Dawkins: Whatever the procedure was - I'm not asking that you reinvent the
wheel - whatever the - and I think I said it when I opened up - whatever procedure was used to
award the management contract to the Melreese Golf Course be afforded to this gentleman,
whatever that is. Mr. City Attorney, if that's competitive bidding, or whatever, but let them have
the same opportunity to come in and do the same thing.
Commissioner Carollo: Well, it's obvious that it has to go to competitive bidding, and it's
obvious that Commissioner Dawkins was making that part of the motion. At the same time, if...
Whenever and if ever this comes back... And I have some very major doubts that this will ever
come back, because I still believe that what was done at Melreese is a lease. And as I said, this
i has not been settled yet in the courts, but if it turns out that is not the case, one or the other
options, of course, we would have, is to look at the possibility of selling that property, also, if it's
in the best interest of the City of Miami.
Mr. Odio: My question was, at one time, we had instructions from the City Commission to
pursue the sale. The City of Miami Springs has been trying to buy this golf course. And it's up
to the Commission to decide. So.
80 June 13, 1996
Commissioner Dawkins: That's right. Thank you.
Vice Mayor Gort: OK. Any further discussion on the motion? Being none, 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.96-422
A MOTION DIRECTING THE CITY MANAGER TO MEET WITH MR. TONY
E MOLINA AND DETERMINE THE AMOUNT OF FINANCIAL RELIEF
t NECESSARY TO REFURBISH THE MIAMI SPRINGS GOLF COURSE; FURTHER
DIRECTING THE MANAGER TO NEGOTIATE A CONTRACT USING THE SAME
PROCEDURE THAT WAS USED TO AWARD THE MANAGEMENT CONTRACT
IN CONNECTION WITH THE MELREESE GOLF COURSE, PROVIDED THAT
THE CIRCUIT COURT OF APPEALS GRANTS INJUNCTION RELIEF AND
UPHOLDS THE LEGALITY OF THE MELREESE MANAGEMENT CONTRACT;
FURTHER DIRECTING THE MANAGER TO INCLUDE A RETURN TO THE CITY
I CONSISTENT WITH THAT IN THE MELREESE MANAGEMENT CONTRACT.
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
None.
None.
Commissioner Carollo: Mr. Manager, on that same topic, what is happening with the Melreese
Golf Course? Where are we at now? Because if I remember correctly, the instructions you had
from this Commission was to hold off on signing any final contracts until it would be fully
determined if this is a lease or a management contract by the courts. And...
Mr. Odio: What we are doing now is a project. We are going ahead with the construction, as we
were authorized, so that it could... the golf course can be ready to...
Commissioner Carollo: Well, I'm not referring to that. I understood that.
Mr. Odio: That's what we're doing right now, is construction and...
Commissioner Carollo: But you have not finalized any final contract.
j Mr. Odio: I don't know... Where is Wally?
81
June 13, 1996
Commissioner Carollo: Because you were not instructed to do so. The instructions from this
Commission was that the Administration was to hold back in finalizing any final contract until
the matter would be fully resolved in the courts. It has not been.
Mr. Odio: I don't... I have to research, Commissioner. I know that we are ahead on the
construction part. I have to...
Commissioner Carollo: That's two different things.
Mr. Odio: I don't know our...
Commissioner Carollo: And then the reason that some members of this Commission voted for
the construction part, as I understood it, was that regardless of whether the City would end up
having it or a management contract, that we still needed to redo that golf course.
Mr. Odio: Let me research it.
Commissioner Carollo: That's what I was told by...
Mr. Odio: Let me research it, because I believe that the Commission passed and authorized the
agreement, and I have to research it.
Commissioner Carollo: But with the instructions that - Commissioner Plummer was very clear
on that at the time - that it should not be signed until the court situation would be finalized.
Mr. Odio: Let me get the City Clerk to bring back what was actually approved.
Commissioner Carollo: That's fine. Get the City Clerk to do it. We can do it this afternoon, but
we have to clear that up.
Mr. Odio: There were four votes. There were four or five different discussions.
Commissioner Carollo: We have to clear that up, because if, indeed, there was a contract that
was signed...
Mr. Odio: There was.
Commissioner Carollo: Well, then we have a major problem with that, if this Commission made
it clear that it should not be done until we had a final determination from the courts. Now, what
happens if the Third District Court of Appeals says, "Hey, this is a lease"?
Mr. Odio: We take it back.
Commissioner Carollo: We take it back. And they're going to have vested rights, and they're
going to come back to us...
Mr. Odio: No, no, no, sir. We made sure -that, we did make sure -they have no vested rights,
whatsoever. That was clearly spelled out. And all we're doing right now, we have total control
over the construction.
Mr. Wally Lee (Assistant City Manager -Public Works): Mayor and Commissioners, the only
contract that we have awarded right now is the construction contract, which was brought to the
Commission.
82
June 13,1996
Commissioner Carollo: Yeah, but Wally, we're not discussing that, you know. We're not
discussing what was awarded as far as the construction or redoing of that golf course, or
anything else there. We're talking about the contract itself, the management contract.
Vice Mayor Gort: I think the discussion is, if that is turned in the court, does the City have a
liability? I think you got to get back this afternoon.
Mr. Odio: We have none. We made sure of that. We have none. They have no vested rights.
Commissioner Carollo: Let's do this. Let's have the City Clerk pull that out. He could have it
for us right after lunch. And then I'd like to sit down with the City Attorney and make sure that
f. what you're telling me legally is sufficient. And then we'll take it up then.
iVice Mayor Gort: OK. Thank you.
----------------------------------------------------------------------------------------------------------------
34. GRANT REQUEST BY CHJ PROJECTIONS TO UTILIZE THE OLD
VIRGINIA KEY BEACH AREA FOR: BEACH FEST 96 (JULY 6, 1996).
Vice Mayor Gort: Item 14 is the issue.
Commissioner Plummer: Item 14... Mr. Ruder?
Mr. Albert Ruder (Director, Parks and Recreation): Yes, sir.
Commissioner Plummer: The pocket item you gave me, is that item 14?
Mr. Ruder: No, no. Those are two other events.
Commissioner Plummer: All right. My only concern on item 14, the last time we had a bash
over there, it created an absolute...
Mr. Cesar Odio (City Manager): Let me tell you, I was caught up in traffic for six hours. And I
was like any other citizen coming out of Key Biscayne. We have talked to the City Manager of
Key Biscayne. They have to have sufficient police officers to make sure that traffic keeps
flowing. I hope... If they haven't, then we should not allow them there.
Mr. Ruder: Yeah. And our Police Department... Albert Ruder, for the record. Our Police
Department has met with them, and they're adding a whole bunch of new officers, and they're
doing... I guess Joe can answer that, but...
Captain Joseph Longueira (Deputy Commander, Police Support Services): Commissioner,
we've got scheduled a lieutenant, four sergeants, and 37 officers for that event. Motorcycle
. officers, some mounted, some marine patrol officers, because of the beach area and...
Commissioner Plummer: Well, let me ask a question. Is it a gated event?
83
June 13, 1996
44
Captain Longueira: Yes.
Commissioner Plummer: OK. I think what you're got to do is, you've got to gate it with a
maximum capacity. Now, that's what we're going to start doing in Bayfront Park, to eliminate
some of our problems, that if you want 5,000 people in attendance, you must have "X" number
of police officers. If you're going to have 6,000, you're going to have "X" more amount. Let
me tell you something. We got phone calls here on the one last year that was incredible -
including the Manager - screaming and hollering, they couldn't move, they were parked out on
the road, It caused nothing but trouble. And I seriously question if 37 police officers are going
to be able to do it. You're talking about survival city, right, Joe?
Captain Longueira: Yes, sir.
Commissioner Plummer: And the beach area.
Captain Longueira: Yes.
Commissioner Plummer: If that's what you say, but I just don't think it's adequate. I really
don't.
Vice Mayor Gort: Excuse me, sir. Are you Jerry Burke?
Mr. Michael Hopkins: No. I'm Mike Hopkins, president of CAC Corporation.
Vice Mayor Gort: OK.
Commissioner Plummer: Why does...
Vice Mayor Gort: Could you identify yourself, please?
Commissioner Plummer: My question is, why does this have to be before us?
Vice Mayor Gort: Excuse me, J.L. Listen. Let's hear... Let's... Excuse me a minute, excuse
me. Before you answer that, let's hear from the... Your name and address, please, sir.
Mr. Hopkins: Michael Hopkins,1095 Northwest 58th Terrace.
Vice Mayor Gort: Thank you.
Mr. Hopkins: Miami.
Mr. Ruder: It was before you at the last Commission meeting, and you asked them to come, and
we have to... I have to read out the fees, because it's a negotiated fee, and I need your approval
of the fees. That's why it's before you.
Vice Mayor Gort: That was approved already.
Mr. Ruder: No, it wasn't.
Commissioner Plummer: No. You got another one here.
Mr. Ruder: Yeah, those, yeah.
Commissioner Plummer: Let me ask you this, Al. What does the City stand to make out of this?
June 13,1996
Mr. Ruder: I would say, based on the attendance, because the ticket surcharge is based on the
attendance, we could make as much as maybe ten or fifteen thousand dollars ($15,000). That's
just a rough estimate.
Commissioner Plummer: You know, I... Did you consider Bicentennial?
Mr. Hopkins: Yeah, we have, but they have other events going on that weekend. We met with
the Police Department, and we, you know, did all the precautionary measures to avoid the
problems from last year with parking.
Commissioner Dawkins: I move that this be granted, and granted on these conditions: That the
group must also work to help with the policing matters; that the group must find some security of
its own to assist with the traffic problem; and that in the event that this is another uncontrolled
event, I probably will not vote for you next year. You have to work with us to ensure that this is
safe and sound. So I so move.
Commissioner Plummer: All right.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Plummer: Now, let me bring up another item here which I...
Vice Mayor Gort: Is there a second?
Commissioner Plummer: Second. I'll second it.
Mr. Ruder: Can I just read the terms so you could...
Commissioner Plummer: No, no, hold on.
Mr. Ruder: OK.
Commissioner Plummer: Hold on, before you do that. You gave my office a pocket item...
Mr. Ruder: Right.
Commissioner Plummer: ... for another outfit to have two concerts over there, one on June the
16th, which is...
Mr. Ruder: Yeah, which is this week, and it is not during the July 4th long weekend.
Commissioner Plummer: All right. And then one on July 4th, which is two days before this
other one.
Mr. Ruder: Right. The July the 4th is much smaller. Maybe... they're only anticipating about
1500 people. So it's a different type of event from the one that you have before you today.
Commissioner Plummer: All right. Mr. Vice Mayor, how do you want to handle it? Do you
want to handle this at the same time? The pocket item is from the Parks and Recreation.
Vice Mayor Gort: Bring that as a pocket item later on. Let's deal with item 14.
Commissioner' Plummer: OK. Fine.
�.1
June 13, 1996
Mr. Ruder: OK. The rental fee is a thousand dollars ($1,000), of which five hundred ($500) is
non-refundable and due on July 2nd. The beer and wine permit of three hundred ($300) per day
due on July...
Commissioner Dawkins: Wait, hold it. Beer and wine for how much?
Mr. Ruder: Three hundred ($300). That's our standard.
Vice Mayor Gort: Per day.
Mr. Ruder: Per day. A concession fee of fifty dollars ($50) per booth, per day, which is also due
on July 2nd. Obviously, the applicable ticket surcharge is stipulated in the Code. The City will
conduct the parking operations, and we will charge three dollars ($3) per car. And then the
promoter pays all the other City costs, which, of course, would be police, fire, solid waste, and
everything else, and they provide us with the insurance that we need.
Vice Mayor Gort: Commissioner.
Commissioner Dawkins: What is the limit to the number of booths?
Mr. Ruder: The limit is... I think they're going to have about 15, and that's OK with us. But
that is the...
Commissioner Dawkins: I want to know from you that it will be 15, it will be ten, or what it will
be.
Mr. Ruder: Is it 15 or...
Mr. Hopkins:. Fifteen. From the last I heard, it was 15.
Commissioner Dawkins: Beg pardon? Say what, sir?
Mr. Hopkins: Fifteen.
Commissioner Dawkins: Fifteen booths.
Mr. Hopkins: Yeah.
Mr. Ruder: A maximum of 15.
Mr. Hopkins: It's a maximum of 15. I really can't say right now that it's... we're waxing at 15.
I� Mr. Ruder: We normally work with the promoters, and, you know, it depends on the event, how
many we have. I would say for this event, we can allow a maximum of, let's say 20, a
maximum.
86
June 13, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 96-423
A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND
CONDITIONS, AS SET FORTH HEREIN, FOR ISSUANCE OF A PARK PERMIT TO
CHJ PRODUCTION FOR USE OF AN AREA IN THE OLD PORTION OF VIRGINIA
KEY BEACH FOR A SPECIAL EVENT TO BE HELD ON JULY 6, 1996;
AUTHORIZING THE CITY MANAGER TO DIRECT THE DIRECTOR OF THE
DEPARTMENT OF PARKS AND RECREATION TO ISSUE THE NECESSARY
PERMIT, 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 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: None.
ABSENT: Commissioner Joe Carollo
(NOTE FOR THE RECORD: Although absent during roll call,
Commissioner Carollo requested of the Clerk to be shown in
agreement with the motion.
i
-------------------------------------------------------
35. DISCUSSION CONCERNING NOISE / POLICE PROBLEM IN COCONUT
i GROVE (GRAND AVENUE AND MARGARET STREET VICINITY).
--------------------------------------------------
-------------------------------------------------------------
Vice Mayor Gort: Fifteen, Michael Shiver.
Commissioner Dawkins: Mr. Shiver.
Mr. Shiver: Good morning, Commissioners. The reason I'm...
Commissioner Dawkins: Pull the mike up, sir, please. Pull the mike up to you.
Mr. Shiver: My name is Michael Shiver. I live at 3271 Thomas Avenue. And one of the
reasons that I'm here is we've having problems with the noise in our neighborhood. We have
the kids, they come on Fridays and Saturdays, and the noise starts between ten -thirty and it stops
at two. We... There's a lot of people in the neighborhood that it's bothering us. We can't sleep
at night. And also, it's a traffic problem with it. They're blocking the intersection at Grand and
June 13, 1996
r"
Margaret in the neighborhood. And they're showing off their hydraulic cars with the hydraulics.
The cars are rocking up and down. Excuse me, hold on a second. Now, when we're trying to
come in, sometimes when we're coming in on our own streets, the kids be in the streets. They
don't want to move out of the way. And they're racing up and down our streets: Thomas,
Williams, Florida and Frow, and they get full of beer. They throw their beer cans out, the bottles
out, and they stop in front of our house, and they urinate. The police officers... I had discussion
with Major Rojas, right?
Major Noel Rojas: Major Rojas from South District.
Mr. Shiver: OK.
Major Rojas: I met with Mr. Shiver this week.
Mr. Shiver: And Lieutenant Columbo. Now, they told me they have a cop that will be stationed
at the Fina Gas Station, and it's supposed to be a permanent station there. Now, there's another
problem I notice that we had. The cops were there a couple of weekends ago, but what the kids
i did, they moved to the next block. So are the cops going to circle the blocks and keep the kids
from coming in and crowding our streets? And how long will the police be stationed at this
point?
i
Major Rojas: Let me just...
Vice Mayor Gort: OK. Identify yourself, please.
Major Rojas: To paraphrase a discussion I had with Mr. Shiver for the past...
Vice Mayor Gort: Identify yourself, please.
Major Rojas: Major Rojas from the South District Police Department. This week, I met with
Mr. Shiver and discussed the things we've done in the past month regarding the Crime
Suppression Unit going out there and making arrests. We've made several arrests. We also
restructured our Grove detail people, and that's on Friday and Saturday nights. And like Mr.
Shiver said, we have put somebody there. There's a permanent post right on Grand and
Margaret to address these concerns. And we'll continue to do that until we get the problem
+ solved.
Commissioner Dawkins: If what you are proposing does not work, then what?
Major Rojas: We'll continue to make arrests, and, you know, we'll have to play it by ear. Right
now, it seems to have gotten better now. I think you were in agreement.
Mr. Shiver: Yeah. The crowd is.,. The traffic is down. I mean, the noise and stuff is down
now. But then there's another thing that gets to me. We have our kids in our own neighborhood.
When they party, they make them stop at eleven o'clock. And this has been going on since
1989, you know.
Commissioner Dawkins: OK. How do we, Major, determine if the noise level is broken?
Major Rojas: If it's audible within 100 feet, you know, we can make arrests. But anything after
eleven o'clock, if it disturbs any of the residents, we'll go out there and address those.
Commissioner Dawkins: Do we have any kind of a meter that a policeman could have in the car,
that the policemen could look at it from two blocks away or something, and say, "This is
r'
disturbing," so that when he gets up there, if it's cut down, he can say, "No"? Do we have... is
there such an animal?
Major Rojas: We don't have a decibel meter, no, sir.
Commissioner Dawkins: Why? Is there such an animal?
Captain Joseph Longueira: You don't need it. If you can hear it...
Vice Mayor Gort: Please, you have to go to the mike.
Commissioner Dawkins: But evidently, we do need it, Joe, because nothing is happening.
Captain Longueira: Commissioner, if you can hear it past 100 feet, if you can hear it at all, it's a
violation. You don't need a meter.
Commissioner Dawkins: All right. What do we do? Confiscate the boom boxes?
Captain Longueira: Well, the boom boxes are built in the vehicles, you know. We can cite...
Commissioner Dawkins: All right. No. Well, see, that's what... OK. Is it any law, Mr. City
Attorney, that says that if these individuals are breaking the law, and we decide that we're going
to arrest them and tow their car until we find something different, can they... Can we, the
policemen, legally stop them for this noise abatement violation, tow their car, and have them
have to pick it up?
A. Quinn Jones, III, Esq. (City Attorney): I don't know, Commissioner. I'd have to look into it
for you.
Commissioner Dawkins: Joe?
Captain Longueira: If we make an arrest on it, Commissioner.
Commissioner Dawkins: OK. But no no... OK. I mean if you made... But the point now,
Major, is that the only way - and I'm guessing, Major - the only way we're going to get a handle
on this is make some arrests.
Major Rojas: If they're in violation of the noise ordinance. For example, if they cruise down
Margaret, what...
Commissioner Dawkins: No, no. You just told me that if we... Now, wait a minute. Hold it.
Hold it one minute. Let's get...
Captain Longueira: We're doing that now.
Commissioner Dawkins: No, no, Joe. Let's get together. Let's get together. We are doing what
we can to uphold the law. OK? These residents say the law is not being upheld. Now, you and I
have to listen to them, because they live there. You and I visit. So, now, if they tell me that the
noise level is being violated, then I have to listen to them. See? And we have to adjust, some
kind of way, Major, to give them some relief. Now, these youngsters have no regard for life,
property or persons. See? So, now... And there again, I know what you're saying. You cannot
subject the City to an unlawful arrest, a lawsuit we don't need, but we got to give them some
relief.
90 June 13, 1996
h°
Vice Mayor Gort: Commissioner.
Commissioner Dawkins: Do you work, sir?
Mr. Shiver: Yes, I do.
Commissioner Dawkins: OK? This man, he's got to get rest to go to work, and he can't lay up
all night, tossing and turning, you know, listening and can't sleep, to have to go to work.
Vice Mayor Gort: Let me ask you a question. Maybe this might be helpful. If you arrest
individuals for violating the law, can you tow their car away?
Major Rojas: If it's... If he can't leave it, legally, or if we think there's going to be a problem
with the car, and somebody's going to break in it, yes, we can take it.
Vice Mayor Gort: Because that's something that you might be able to add to it, and that makes it
very expensive, and I think that's...
Major Rojas: Yes, under certain circumstances, we tow the car once we make the arrest.
Vice Mayor Gort: I think that's a suggestion to help them comply with the law.
Commissioner Dawkins: And I think, Major, once we tow one or two...
Vice Mayor Gort: They'll get the message.
Commissioner Dawkins: ... the message will get around, because they... See, they're in love
with these vehicles. They don't want you to touch them, don't bang them up or anything. And
once we take in two or three of them, I think it will put a damper on it, I would hope.
Mr. Shiver: Excuse me, Commissioner. Also, some of these kids are hanging around drinking
beer and stuff, too, so I know they have to be intoxicated when they...
Commissioner Dawkins: Yeah. Well, there again, you see we...
Vice Mayor Gort: Not only that, they're violating the public law.
Commissioner Dawkins: Violating the open container law. But... Well, I'll tell you what. You
get with the Major now, and we will... the Major will design something for this weekend, and
then Monday or Tuesday, Mrs. Armbrister will come down here, because she doesn't mind it,
and tell us what kind of results we had over the weekend. Is that agreeable?
Mr. Shiver: Sure.
Commissioner Dawkins: Is that agreeable, Major?
Major Rojas: Yes, sir.
Vice Mayor Gort: Thank you. Thank you, sir. Yes, ma'am.
Ms. Esther Mae Armbrister: My name is Esther Mae Armbrister. I live at 3350 Charles Avenue.
When I first heard of this kind of problem that they were having around there, I did not believe
it. I could not understand why a policeman would not stop the confusion and the traffic. Up
here in the village, this is an amusement park you got around here on Commodore Plaza. I came
91
June 13,19,06
J2 S
up here. I don't know what kind of place you got up there, but there were about 15... ten or 12 or
15 cars of policemen stationed there. And down here on Grand Avenue, these Latinos... a gang,
two gangs out there right... I did not believe that this would happen in Coconut Grove, in black
town, because our boys cannot afford those kind of cars. So one of the neighbors came and got
me. I got out of there, and I went around there to see for myself. And here was a policeman.., at
least he was in a police car, and he was dressed like a policeman. So I... He was coming from
the affair. So I asked him why didn't he stop it. He told me he had an important phone call, and
that he was going to it. I said, "Did somebody get killed?" He said, "No." I said, "Why don't
you go back over there? Because I think the City of Miami gives you a salary or pays you a
salary to stop this kind of confusion." Now, I'd like to know, too, why is it that you all have to
have all these policemen up in the village on Fridays and Saturdays, and nothing down in
Coconut Grove? We couldn't find a policeman down there. We rode down Grand Avenue and
came up Charles and Williams Avenue. Not a policeman car in sight, because you were
stationed up here to that amusement building you have on Commodore Plaza. I don't know what
it is. And I would like to know why you have been letting this happen so long, and what is
wrong with your policemen, that they are so afraid of the public that they can't stop this kind of
stuff in Coconut Grove. You would stop it any other place, but you haven't done it here in the
Grove. And it's a nuisance. And I'm too old to be getting out of bed at eleven -thirty at night to
go around there and see what your policemen are not doing.
Commissioner Dawkins: Well, Mrs....
Ms. Amrbrister: And they just stand around and look, and they just go.
Commissioner Dawkins: Mrs. Armbrister, J.L. Plummer may have to go back to his old method.
You remember when J.L. Plummer demanded that an officer be at Douglas and Grand any time
he passed there?
Ms. Armbrister: Yes.
Commissioner Dawkins: OK. Then we have some... But as soon as J.L. stopped riding by
Douglas and Grand...
Vice Mayor Gort: We got invited there all the time.
Commissioner Dawkins: ... the police left. OK? So maybe you need to talk to him and tell him
to start riding back by there, and see if..
Ms. Armbrister: Well, he's doing that already. I know he rides with them.
Commissioner Dawkins: Yeah, but he doesn't... But he doesn't say, "I don't see"... See, he
used to come in and tell us, "I was there, I didn't see a policeman," or he would call on his
walkie-talkie that he's got in the car, see? And he'd get results.
Ms. Armbrister: I just don't see it. I just can't understand it.
Commissioner Dawkins: So go over there and tell him you want results. You'll get them.
Vice Mayor Gort: We'll get together with the police officers. They've got their orders where
they need to do that, and we also know that J.L. will do the patrol every day at eight, ten and
eleven.
Commissioner Plummer: Let me tell you, you might make a joke out of it, but when that
policeman was stationed there, there was never another car window smashed at that intersection.
OK?
92 June 13, 1996
Commissioner Plummer: They get caught, that's why.
Ms. Armbrister: ... a hundred miles an hour coming down Doug... Grand Avenue. They step on
the gas. And the police can be parked there. You think they say anything to them? No, no, no.
Commissioner Plummer: Noway.
Ms. Armbrister: With all that speed.
Commissioner Dawkins: Well, we're going to bring about a change.
Vice Mayor Gort: We're going to look at it, and you come back to us.
Commissioner Plummer: All right. Let's move on.
Commissioner Dawkins: We're going to work on it, Mrs. Armbrister. We're going to work on
it.
Vice Mayor Gort: Thank you.
Ms. Armbrister: I'll be right back down here Monday and Tuesday.
Vice Mayor Gort: Thank you, ma'am. Thank you, sir.
Ms. Armbrister: Thank you.
----------------------------------------------------------------------------------------------------------------
36. DISCUSSION CONCERNING REQUEST FROM DR. T.A. McNEALY,
PASTOR, BETHANY BIBLE INSTITUTE -- TO USE CITY -OWNED
PROPERTY AT 5900-5995 N.W. 7 AVENUE FOR A TENT REVIVAL (JULY
6-AUGUST 17, 1996) -- CITY ATTORNEY STATES THAT IT WOULD
VIOLATE SEPARATION OF CHURCH AND STATE LAW.
Vice Mayor Gort: Item 15-A.
Commissioner Dawkins: Move it.
.. A. Quinn Jones, III, Esq. (City Attorney): No can do.
Commissioner Plummer: According to the City Attorney, you can't.
Mr. Jones: It violates the Establishment Clause.
93
June 13, 1996
Commissioner Dawkins: Beg pardon?
Mr. Jones: It violates the Establishment Clause.
Commissioner Plummer: Church and State.
Commissioner Dawkins: But it's... But the Urban League is the one that's making the request.
Commissioner Plummer: For a tent revival?
Mr. T. Willard Fair: Yes, sir. I'm going into preaching now, also.
Mr. Jones: Well, whether the Urban League or not...
Commissioner Plummer: Yeah, whether it's Urban League or not, you can't do it.
Mr. Jones: It's for a religious purpose, and it would be viewed as the City promoting an event in
furtherance of religion, which is prohibited by the Constitution.
Commissioner Dawkins: OK. Well, what would be the minimum for the rental, Mr. City
Attorney?
Mr. Jones: They could pay the rental.
Commissioner Dawkins: Sir?
Mr. Jones: They could pay the rental, the standard rental that any other group would pay.
Commissioner Plummer: Yeah.
Commissioner Dawkins: OK. All right. Then let's... Let's work out what the rental on this
property would be.
Mr. Eduardo Rodriguez (Director, Asset Management): We have a similar facility in East Little
Havana that we actually... you know, people use it for the same purpose. And we charge fifty
dollars ($50) a day. And they're going to use this property for forty-two days. It came to a total
of two thousand one hundred ($2,100).
Commissioner Dawkins: OK. OK. All right. OK. So be it.
Vice Mayor Gort: All right. What's the motion?
Commissioner Dawkins: Move it.
Commissioner Plummer: Well, there's nothing. We don't have to do a thing.
{ Commissioner Dawkins: No. That's it.
Commissioner Plummer: If they pay the rental, they can rent it.
Commissioner Dawkins: They can use it.
Vice Mayor Gort: Thank you.
94
June 13, 1996
t
i,
Commissioner Plummer: It's just that simple.
Commissioner Dawkins: All right. OK.
----------------------------------------------------------------------------------------------------------------
37. EMERGENCY ORDINANCE: AMEND 11127, WHICH ESTABLISHED
INITIAL RESOURCES / APPROPRIATIONS FOR SPECIAL REVENUE
FUND: HAITIAN NARCOTICS ENFORCEMENT -- INCREASE
APPROPRIATIONS ($50,000) -- ACCEPT $50,000 GRANT FROM BUREAU
OF JUSTICE ASSISTANCE.
Vice Mayor Gort: Sixteen, proposed ordinance, Haitian Narcotic...
Commissioner Plummer: Move it.
Vice Mayor Gort: It's been moved.
Commissioner Dawkins: Second.
Vice Mayor Gort: Seconded. Any discussion?
Commissioner Plummer: Read it, read it.
Commissioner Dawkins: Call the roll.
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 $50,000;
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE
AMOUNT OF $50,000.00, FROM THE BUREAU OF JUSTICE ASSISTANCE,
AND TO EXECUTE THE NECESSARY DOCUMENTS FOR ACCEPTANCE
AND IMPLEMENTATION OF SAID GRANT, CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
June 13, 1996
AYES:
��.Vis
ABSENT:
,sion on motion of Commissioner Plummer and seconded by
adopted said ordinance by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
►S DESIGNATED ORDINANCE NO. 11370.
he ordinance into the public record and announced that copies
Zbers of the City Commission and to the public.
------------------------------------------------- ---------------------------------------------------- -----------
38. SECOND READING ORDINANCE: CHANGE DATE FOR CITY OF MIAMI
MUNICIPAL RUN-OFF ELECTION (NOW SCHEDULED FOR VETERANS'
DAY, NOVEMBER 11, 1997) TO THURSDAY, NOVEMBER 13, 1997.
Commissioner Dawkins: Move 18.
Commissioner Plummer: Second.
I Vice Mayor Gort: Moved and seconded. Any discussion? Being none, all in favor... Oh, it's an
ordinance.
? A. Quinn Jones, III, Esq. (City Attorney): Yes.
`i
Vice Mayor Gort: OK.
4
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 CLERK 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.
96
June 13, 1996
passed on its first reading, by title, at the meeting of May 23, 1996, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Dawkins,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11371.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
39. FIRST READING ORDINANCE: AMEND CODE -- CREATE / ESTABLISH
THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ADVISORY
BOARD.
Commissioner Plummer: Move 19.
Vice Mayor Gort: Is there a second?
i Commissioner Dawkins: Second it.
Vice Mayor Gort: It's been moved and seconded. It's an ordinance. Read the ordinance. Call
i . the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, THEREBY CREATING AND ESTABLISHING THE HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS ADVISORY BOARD ("HAB") AND
SETTING FORTH AND/OR PROVIDING FOR: PURPOSE, COMPOSITION OF
MEMBERSHIP, TERMS OF OFFICE, QUALIFICATIONS, DISQUALIFICATION,
FILLING OF VACANCIES, SUPPORT PERSONNEL, FINANCIAL DISCLOSURE,
FUNCTIONS, POWERS AND DUTIES, AND GRIEVANCE PROCEDURES;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN
THE CITY CODE.
f
C ; 97 June 13, 1996
was introduced by Commissioner Plummer, seconded by Commissioner Dawkins, and
was passed on first reading, by title only, by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
' The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
,T
----------------------------------------------------------------------------------------------------------------
40. (A) ACCEPT BID: LAKE PAUL -- FOR PURCHASE OF CITY -OWNED
PROPERTY LOCATED AT 5500 N.W. 17 AVENUE -- FOR $25,000,
WITH PROVISOS.
(B) DIRECT ADMINISTRATION THAT PROPERTY AT 5500 N.W. 17
AVENUE (FORMERLY KNOWN AS THE HARDEMON MARKET)
MUST BE BROUGHT UP TO CODE COMPLIANCE BY
PURCHASER WITHIN SIX MONTHS, OR ELSE IT REVERTS
BACK TO CITY -- PROPERTY TO REVERT BACK TO CITY IF
USED FOR ANY PROGRAMS DEALING WITH DRUG REHAB,
MENTAL HEALTH OR HOMELESS.
I (C) DIRECT ADMINISTRATION TO PROVIDE STATUS REPORT ON
LOAN TO GARCES COLLEGE.
Commissioner Plummer: Move 20.
Commissioner Carollo: On 20...
Commissioner Dawkins: Under 20...
Commissioner Carollo: Go ahead, Commissioner.
Mr. Mariano Cruz: I hear...
Commissioner Dawkins: Mr. Manager, have... OK. Wait one minute. Where is Mr. Rodriguez
or whoever Asset Management is?
Vice Mayor Gort: Asset Manager?
Mr. Eduardo Rodriguez (Director, Asset Management): Sir.
Vice Mayor Gort: Item 20, authorizing the sale of the property at 5500 Northwest 17th Avenue.
Mr, Cesar Odio (City Manager): Oh, this. This is a bad deal we had. We had to take over the
Hardemon property. This is owned by Billy Hardemon. And we are losing money. We are
Z•
June 13, 1996
' going to lose money here. We a We had to... We aid fifty
five thousand $55,000 So
g g Y pay... p y- ' ( ).
we are losing money, but..,
Commissioner Dawkins: Where is the person who's supposed to purchase it?
Mr. Odio: Is he here?
Commissioner Carollo: Well, Mr. Manager, I don't understand. If we paid fifty-five, why are
we selling it for twenty-five?
Mr. Odio: We have tried...
t Commissioner Carollo: But... Well, my concern is now, if you are telling me that you tried, you
tried, and you can't sell it twenty-five, where are the people responsible for having paid fifty-
five, then, in the beginning?
Mr. Odio: Well, you'd better put on the record what happened.
Commissioner Plummer: Yeah, that...
I Commissioner Dawkins: Wait a minute. Hold it, hold it.
iCommissioner Plummer:... is so damned complicated.
Commissioner Dawkins: I asked for him to come to the mike. OK? Mr. Rodriguez, what's the
condition of that building?
Mr. Rodriguez: Very bad condition, sir.
Commissioner Dawkins: Beg pardon?
Mr. Rodriguez: It's a disastrous condition.
f; Commissioner Dawkins: OK. It's a disaster.
I Mr. Rodriguez: Yes.
Commissioner Dawkins: OK. Now, when we talked of other people wanting to own this
building, it ,was an estimate that it would take how much money to bring this building up to
code?
Mr. Rodriguez: Eighty thousand dollars ($80,000).
Commissioner Dawkins: Eighty thousand dollars ($80,000). OK? Does the person purchasing
this building understand that they've got to put eighty thousand dollars ($80,000) in it, or they
can't use it?
Mr. Rodriguez: Yes, they have.
Commissioner Dawkins: And you have that in writing?
Mr. Rodriguez: I have an offer from them in writing.
Commissioner Dawkins: Do you have that in writing?
June 13, 1996
Mr. Rodriguez: Yes. They bid for the property, sir. That's in writing.
Mr. Odio: But to answer...
Commissioner Dawkins: OK. They bid for the property, what?
Mr. Rodriguez: They bid to buy this property.
Commissioner Dawkins: But did they bid to bring it up to code after they buy it?
Mr. Rodriguez: They have to, or they have to demolish.
Commissioner Dawkins: You see, you...
Mr. Rodriguez: But that's... I cannot say what they are going to do.
Commissioner Dawkins: OK. All right. Take this. I defer this. OK? After you... No, I'll wait
till you finish. Go ahead. I got...
Mr. Odio: Sir, I just want to answer Commissioner Carollo's...
Commissioner Carollo: Yeah.
Vice Mayor Gort: Excuse me a minute. Excuse me a minute. Let's bring this to order.
Commissioner Carollo.
l Mr. Odio: Can I ask Commissioner...
Vice Mayor Gort: Excuse me.
Commissioner Carollo: Thank you, Vice Mayor. Thank you. One of the things that I want to
have included in any contract is that this property, if we so approve to sell it to these individuals,
that it would revert back to the City of Miami if the property were to be used at any time in the
future for any drug rehab programs, any mental health programs, or any homeless programs.
Mr. Rodriguez: OK.
Mr. Odio: Now, I want to put on the record, because you asked...
Commissioner Carollo: And that should be a policy for any property that this City sells from
now on.
Vice Mayor Gort: Mr. Manager.
Mr. Odio: To answer Commissioner Carollo specifically, what happened... This is a bad loan
I' that the City gave to a CD (Community Development Corporation)
Commissioner Carollo: OK.
Mr. Odio: And they never paid the loan. They had another loan in between, and so we had to
foreclose the property.
Commissioner Carollo: I see. So it wasn't any of our people that...
100
June 13,1996
Mr. Odio: No, no, no.
Commissioner Carollo: ... were responsible for approving that this be bought.
Mr. Odio: We had to protect our interest here. And this is the only... We have put it out for bids
numerous times.
Commissioner Carollo: OK. I understand. I understand now.
Commissioner Dawkins: Go ahead, sir.
Vice Mayor Gort: Yes, sir.
Mr. Cruz: Yeah. Mariano Cruz, 1227 Northwest 23 Street. I'll protect my interest all the time,
oh, yeah. I got to revert myself again to remember the mistakes of the past from Santillana, learn
your history. Because like I get this about here, and then I go to the backup package. There's
nothing... I listen, I don't see anything about bad loan there. So now, I listen the first time, bad
loan. What kind of loan? Miami Capital, or was it a loan directly from Community
Development, or from the City, or from the...?
Mr. Odio: I said Community Development.
Mr. Cruz: Community Development.
Mr. Odio: I said that a few minutes ago.
Vice Mayor Gort: Excuse me, Mr. Manager. Let the gentleman finish, and then you can answer
the question.
Mr. Cruz: Through whom? Through whom? Community Development, through whom?
Miami Capital or the Commission? I mean, whatever it was, you know.
Vice Mayor Gort: Mariano, ask all the questions, and when you finish we'll let him answer.
Continue, please.
Mr. Cruz: Yeah. I want to know all those things, because a lot of money has been given away
like that. People are coming here. Yeah. I remember, also, the time to Barbara Carey, two,
three hundred thousand dollars ($300,000) the day of the pool there, and all that. And nothing
has been paid in all those monies. I mean, what those people get, I mean, that's my money, too.
My Federal money, and my City money, and all that. And then, I come here, right away, two
hundred thousand ($200,000) or fifty thousand ($50,000), or I don't know how much money.
And when we come here, asking for a little bit or whatever to fix the park, to fix a bathroom,
there is no money for that. Or we're going to save a lot of money because we don't mail the
agenda anymore. We don't have to mail the agenda. We save sixty thousand dollars ($60,000).
That's wrong.
Commissioner Dawkins: One minute, one minute. Somebody tell Mr. Cruz who the loan was
made to. Will somebody over there tell that to Mr. Cruz?
Vice Mayor Gort: Commissioner Dawkins, I'd like for Mr. Cruz to finish his presentation
Commissioner Dawkins: Oh, I'm sorry. Go right ahead.
101
June 13,1996
Vice Mayor Gort: Please, would you let him finish, and then you answer.
Mr. Cruz: Yeah, let me finish. He never came to us. He went through Miami Capital, I don't
know. There are a lot of problems. Because I remember, in Allapattah, was ggiving a loan there
to A&R Furniture, about three hundred or four hundred thousand dollars ($400,000). Not a
penny was paid of that either, remember. Right there on 17th and 34th, which is now being a
Winn -Dixie, that they want to give it to four and a half million dollars ($4.5 million) in a float
loan at one percent, when other people can't get no money. But now, Winn -Dixie built it with
their own money. They are finishing now building that marketplace. But the other was the
reverend with the... What do you call it? Panky... hanky-panky. No, the hanky-panky business
there, whatever it was at the time. But luckily, we come here, because a lot of things, the
Administration ignore us at the City. The same thing with Camillus House and the whole thing.
Ignore us, right? And I am tired of that, and that's the reason I come here. I'll be coming here
every time I need to come here, because I am tired of that.
Vice Mayor Gort: OK. Thank you, sir. Your two minutes are up.
answer the questions he brought up, for the benefit of everyone, please.
Would you go ahead and
Mr. Odio: This is a loan that was given out to the Model Cities Loan program. That was
established in 1989 or '87. The loan came to the City Commission, and it was approved back in
1990 sometime to the Hardemon's Market. OK?
r_
Mr. Cruz: How much?
Mr. Odio: And the loan was for, as we said before, fifty...
Vice Mayor Gort: Fifty-five.
Mr. Odio: Fif .. There were two mortgages in the building. The total was about fifty-five
thousand dollars ($55,000). And we... When they wouldn't pay the loan, we foreclosed and
took the property from these people, and that's the reason why we're here today, trying to resell
this property, so we can get our money back.
Commissioner Plummer: Was this put out for competitive bidding?
Mr. Odio: Yes, sir.
F
I'. Commissioner Plummer: All right. Is there any problem? Can we move on?
102
June 13, 1996
Vice Mayor Gort: Excuse me. Excuse me. Let me ask you a question, Commissioner Dawkins.
How about if the person who purchases this property would like to demolish the building?
Commissioner Dawkins: Whatever...
Commissioner Plummer: No problem.
Commissioner Dawkins: Whatever they want to... That's fine.
Vice Mayor Gort: Either comply to the code or demolish the building.
Commissioner Dawkins: Well, if he demolishes it, that means he's going to put something there
that meets the code.
Vice Mayor Gort: Right. OK.
Mr. Odio: Correct.
Commissioner Dawkins: So we're saying the same thing, Mr. Gort.
Vice Mayor Gort: Okie-doke.
Mr. Odio: We'll put it on the sales contract that they have to either bring it up to code, or
demolish it.
Commissioner Dawkins: In how long? How long?
! Mr. Odio: Give them six months to bring it up to code.
Vice Mayor Gort: Yeah.
103
June 13, 1996
Commissioner Dawkins: And if they don't, it reverts back to us.
Mr. Odio: It reverts back to us.
Commissioner Dawkins: OK.
Vice Mayor Gort: OK. A motion has been made and seconded. Commissioner Dawkins made
the motion. Commissioner Plummer seconded. Is there 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.96-424
' A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE BID OF LAKE
PAUL FOR THE PURCHASE OF CITY -OWNED PROPERTY LOCATED AT 5500
NORTHWEST 17 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED HEREIN (THE "PROPERTY"), FOR THE SUM OF TWENTY-FIVE
THOUSAND DOLLARS ($25,000); AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT OF PURCHASE AND SALE, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH LAKE PAUL; FURTHER INSTRUCTING THE
CITY MANAGER AND CITY ATTORNEY TO TAKE THE NECESSARY STEPS TO
EFFECTUATE THE SALE OF SAID PROPERTY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
j Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
i by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
Commissioner Plummer: Mr. Manager, can I inquire about Garces College? I am told that it is
closed. Garces College.
F.:. Mr. Odio: That was another lemon.
Commissioner Plummer: But I understand it's closed. Are we confiscating the building?
Ms. Christina Cuervo (Assistant City Manager: We'll find out.
Commissioner Plummer: Excuse me?
104
June 13,1996
Ms. Cuervo: We'll find out.
Commissioner Plummer: That will be fine. Thank you.
Vice Mayor Gort: Thank you.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 21.
Commissioner Plummer: Move it.
Vice Mayor Gort: Is there a second? Authorizing the purchase of a cargo van.
Commissioner Dawkins: Second.
Vice Mayor Gort: It's been 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. 96-425
A RESOLUTION AUTHORIZING AN INCREASE IN CITY OF MIAMI PURCHASE
ORDER NO. 63168 TO INCLUDE THE ACQUISITION OF ONE (1) CARGO VAN
FROM MAROONE CHEVROLET, UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 070-001-96-1, IN THE TOTAL PROPOSED AMOUNT OF $15,733,
FOR THE OFFICE OF ASSET MANAGEMENT (OAM); ALLOCATING FUNDS
THEREFOR FROM THE OAM OPERATING BUDGET, ACCOUNT NO. 921201-840;
FURTHER AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO INCREASE PURCHASE ORDER NO. 63168 AS
SPECIFIED FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
105
June 13, 1996
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
Vice Mayor Gort: Item 22 has been withdrawn.
-------- -----------------------------------------------------------------------------------------------------
42. (A) AUTHORIZE MANAGER TO EXECUTE INDIVIDUAL
AGREEMENTS WITH 10 COMMUNITY BASED ORGANISATIONS
(CBOs), MIAMI CAPITAL DEVELOPMENT, INC., AND
CAMACOL -- TO IMPLEMENT ECONOMIC DEVELOPMENT
PROGRAMS -- ALLOCATE FUNDS FROM 22ND YEAR CDBG
FUNDS.
(B) DIRECT ADMINISTRATION TO ASSIST GREATER BISCAYNE
CHAMBER OF COMMERCE WITH FUNDING -- PROVIDING
CHAMBER OBTAIN VOLUNTEERS, FIND CONTRACTORS FOR
FACADE PROGRAM IN N.E. AREA, AND COME BACK TO
i COMMISSION WITH SIGNED CONTRACT.
Vice Mayor Gort: Twenty-three.
i
Commissioner Plummer: Move it.
-based organization. There's been a motion to
Vice Mayor Gort: Agreement with community
move. Is there a second?
I'
Commissioner Dawkins: Second.
Vice Mayor Gort: It's been seconded. Is there any discussion? Being none, all in favor, state so
by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Wait a minute. We got discussion.
1
Commissioner Plummer: What?
Vice Mayor Gort: We have discussion.
I . Commissioner Plummer: On what?
Vice Mayor Gort: From the public, on item 23.
itol
June 13, 1996
r
Mr. Steve Hagen: This is on CBOs (community -based organizations)?
Vice Mayor Gort: Yes, sir. Item... This is item 23.
Mr. Hagen: My name is Steve Hagen. I'm president of the Greater Biscayne Boulevard
Chamber of Commerce, and I reside at 725 Northeast 73rd Street. Actually, I keep using the
word "Boulevard" in our name. We have dropped the word "Boulevard" for two reasons. One,
trying to dispel the bad image that the boulevard has had over the past years. It's turned around
considerably, and it's continuing to do so. And number two, as a Chamber of Commerce, we
receive CBO funds to do facade improvement projects and technical assistant for the area of
Edison and Little River. Edison and Little River, basically, is an area defined from 36th Street to
the City limits in the North, from Biscayne Boulevard west to I-95. And we are to be serving
businesses in that area, with the underlying reasoning to increase employment and provide for
businesses that serve low to moderate income people. I've been president just for the last four
months. We've been making considerable progress in that regard. And what's before you, I
wanted to bring to your attention that the... your department is recommending that we be reduced
in our budget, and that we be put on probation. And I'd like to say that the recommended
probation, I believe, is in error. We were supposed to do ten facade projects for the year. We...
And that was to be ended May 13th, from your NET (Neighborhood Enhancement Team) office.
However, our contract for the year goes until the end of June.
Vice Mayor Gort: Right.
Mr. Hagen: On a technical problem, essentially, we had nine projects completed. The last
project, we were waiting for a signature from a contractor who was out of town. We got the
signature, and so we completed our ten projects. So technically, we have finished our work for
the year, and met our grant fulfillment. The item that I want to speak to you about, though, is
that five CBOs have been recommended reduced funding in the amount of fifty thousand dollars
($50,000). Last year, our budget was seventy-eight thousand dollars ($78,000). We requested
an increase to eighty-six thousand dollars ($86,000). And this was based on the fact that for the
last several years, we have exceeded our contract. This current year, like I said, we have met our
contract, and this is despite the fact that we have lost two executive directors. One executive
director moved out of the State. We hired another executive director, who was on the job for a
month, and had to leave because of illness. We've hired a third executive director, who is an
excellent director, took a job for twenty thousand dollars ($20,000) more, just in the last 30 days.
I'd like to say that, as a volunteer, I put in at least 20 to 25 hours a week, providing services to
our chamber, as to many of the 'other staff and... not staff, but unpaid volunteers that are
associated with our Chamber. Our Chamber currently has a membership of 120 businesses in
the northeast. That's 60 more than we had just six months ago. For the last four months, we've
been hosting community round tables, which involve 18 residential groups in the City. In fact,
the end of this month will be... our guest people will be the Police Department, our new NET
lieutenant. What I'm saying to you is that the reduction to fifty thousand dollars ($50,000) that
is being recommended will essentially cut off both of our legs and one of our arms, to do the
work that we need to do in the northeast, in the Edison/Little River area. I'd like to... In fact, we
attended some hearings over the last few months. We were aware of a proposed fifty thousand
dollar ($50,000) budget, and we were concerned about it. But then, on May 9th, our concern
went out the window, when we got a letter from Senator Graham, and I'd like to submit this for
the record. And the last paragraph of this says:
"This measure allocated four point six billion ($4.6 billion) for the CDBG, which
is equal to the amount of the 1995 funding. I am pleased that Congress has
recognized the benefits of the CDBG program by providing full funding."
So my question before you today is, why are we, along with four other CBOs being reduced to
an amount of fifty thousand dollars ($50,000), which will incredibly hinder our projects? And
107 June 13, 1996
s
N
secondly, to review the fact that we were put on some sort of probation because essentially, we
were two weeks late in getting a signature. So I'd like to submit this for you. And in addition,
we have currently 23 facade projects on the books. Four of these projects are projects that are
actually in the works. Nineteen of these projects are projects that business- people in the
northeast have been waiting for approvals on. Now, I understand that there's been some
problem with flow of money from the Feds or whatnot, but for four months, 19... Well, for 11,
and then we've submitted eight more, but in total, 19 businesses in the northeast -- some of these
are new businesses that are trying to get open -- are waiting for funding so that they can do
facade projects. So in summary, we're doing our work, you're getting a lot of bang for your
buck with the Biscayne Chamber of Commerce, in terms of serving the low to moderate income
businesses that serve low to moderate income people in the northeast. And we're requesting that
we be funded at the amount of eighty-six thousand, six hundred and nineteen dollars ($86,619)
for our current year. I'd be glad to answer questions.
Mr. Cesar Odio (City Manager): Mr. Vice Mayor...
Vice Mayor Gort: OK. Wait a minute. Are you finished?
Mr. Hagen: Yes.
Vice Mayor Gort: OK. Let's hear from the staff.
Mr. Odio: This is not before you today. You already had your public hearings, the monies were
allocated. All you are doing here today is authorizing the execution of the contracts you
awarded. As far as the funding is concerned, we were reduced in the amount of three hundred
and eighty-seven thousand dollars ($387,000). So I would suggest that this is not before you,
that they did not perform as they should have - that's why we have performance evaluations -
and that we wait until the next cycle before we can recommend any funding for them.
Mr. Hagen: I beg to differ, that we have performed.
Mr. Odio: This is not the time...
Vice Mayor Gort: Excuse me, sir. My understanding is that probation is, you fund half of the
year. If they prove themselves, you fund the rest of the year.
Mr. Elbert Waters: Correct, sir. In...
Vice Mayor Gort: So you do get fifty thousand dollars ($50,000).
Mr. Waters: In addition to that, not only do we... are we... the Administration recommending
funding, but staff will be assisting and providing technical assistance, to make certain that they
are able to comply with the various different national objectives associated with this program.
Mr. Hagen: Well, the problem is... There's two problems. Number one, if you're getting full
funding from the Federal government, why are four different...
f Mr. Waters: We're not.
Mr. Odio: We did not receive full funding from the Federal government. We did not receive...
We were reduced three hundred and eighty thousand dollars ($380,000).
Mr. Hagen: Why do I have a letter from Senator Graham that states otherwise?
WZ
June 13, 1996
k
Vice Mayor Gort: Excuse me a minute. Let's conduct one meeting at a time. Let him answer,
and then I'll get to you.
Mr. Waters: You may recall, Commissioners, that early in the year, we had advised this
Commission and the public that we were... we believed that there was going to be a reduction in
our Community Development Block Grant Program throughout the nation. At that particular
time, we anticipated approximately 46 percent in reduction. We finally got the numbers from
them. Our reduction in the CDBG program is three hundred and eighty-seven thousand
($387,000). We had indicated to you, and advised the public that we would attempt to minimize
the cuts involved in that, but that is the amount that we've been reduced, and therefore we are
making those adjustments throughout the system. In the instance regarding the Greater Biscayne
Boulevard, right now, they're experiencing difficult problems. As the gentleman mentioned, two
executive directors are not there. There needs to be leadership at that organization. We are
trying to work with the board to help them. The fact that the probationary period and the twenty-
five thousand ($25,000) is being recommended, that's not saying that we're trying to eliminate
the organization. What we're saying is, it has not met its performance requirements. We're
going to work with them to try to bring them up to par.
Vice Mayor Gort: My understanding is that funding... If they complied like they say they have,
there will be fifty thousand dollars ($50,000).
Mr. Waters: Yes. Or what... If they... I mean, it's based on performance.
Vice Mayor Gort: And if you go beyond the call of duty, you get an additional funding.
Mr. Waters: Correct.
Vice Mayor Gort: OK. Excuse me. Commissioner Dawkins.
Commissioner Dawkins: Fifty thousand dollars ($50,000) is for what?
Mr. Waters: For performance, sir, and that includes primarily administration.
Commissioner Dawkins: Say for what, now?
Mr. Odio: To do what?
. Mr. Waters: To do two programs, two categories. One, to meet the national objective.
Commissioner Dawkins: OK.
Mr. Waters: And one would be the facade... implementing the facade improvement program.
Commissioner Dawkins: Then what do they have to operate off of?
Mr. Waters: The fifty thousand dollars ($50,000).
Commissioner Dawkins: OK. Now, you just told me the fifty thousand dollars ($50,000) was
for facade.
Mr. Waters: Correct. And...
Commissioner Dawkins: Now, you're telling me it's operational.
Com , y g l�
109
June 13, 1996
Mr. Waters: And it's based on an incentive. Therefore, if they...
Commissioner Dawkins: No, wait a minute. Don't tell me what it's based on. OK, now?
Answer my question, please.
Mr. Waters: OK.
Commissioner Dawkins: The fifty thousand dollars ($50,000), is it for facade, or is it for
operations?
Mr. Waters: It is for operations.
Commissioner Dawkins: All right. Now, so it is for operations. What do we give them to do
` facade with?
Mr. Waters: They're required to do ten facades. They can cut the money...
Commissioner Dawkins: Out of the fifty thousand dollars ($50,000).
Mr. Waters: No, no, sir. Listen. If I may. It's a separate... that's a separate category.
Commissioner Dawkins: No, no, no. I don't want you to... Just ask him... See, I got to go to
lunch. OK?
Mr. Waters: OK. It's separate,
Commissioner Dawkins: No, no, no. They get fifty thousand dollars ($50,000) for operations; is
that right?
Mr. Waters: Yes, sir.
Commissioner Dawkins: All right. Now, everybody here, if you go through here - I don't care
where you look - we said eighteen thousand dollars ($18,000) for facade, twenty-three thousand
dollars ($23,000) for facade, and whatever. Where is the facade money to go with their fifty-
three thousand dollars ($53,000)?
Mr. Waters: Under the Facade Program and what... under...
Commissioner Dawkins: Beg pardon?
Mr. Waters: Under the Commercial Facade Program.
Commissioner Dawkins: All right. Now how much do they... Well, how much do they get?
Mr. Waters: They get... Well, the maximum amount for the facade is two thousand dollars
($2,000). Every business that they're able...
Vice Mayor Gort: No, no. He's... Commissioner Dawkins is asking, as many as they can
produce. If they can produce 20, they'll get money for 20. If they can produce 30...
Commissioner Dawkins: No, no. They cannot produce 20, if you don't tell them they got
money for 20.
r Mr. Waters: No, sir.
110 June 13, 1996
s. Commissioner Dawkins: You can't tell them that, you go out here and tell ten people with a
store that I'm going to do facade with you for two thousand dollars ($2,000), and they don't have
twenty thousand dollars ($20,000) in their hands.
Mr. Waters: Sir...
Commissioner Dawkins: Or a line of credit for twenty thousand dollars ($20,000).
Mr. Waters: What... Again, there is the Commercial Facade Program...
Commissioner Dawkins: And... Citywide.
Mr. Waters: Citywide.
Commissioner Dawkins: And they're in the City.
Mr. Waters: They're in the City.
Commissioner Dawkins: OK.
r
Mr. Waters: They're in one of the CD (Community Development) targeted areas. What the
CBO has to do is to identify a business who's interested in the program. And what they do is
make the initial assessment of that business. They bring it to the NET offices. We, in turn,
process that application, and that CBO is credited for bringing that particular business into the
program.
Commissioner Dawkins: OK. I think... Well, maybe I am hearing different than what you
heard. Did you say that you had... How many businesses you were to complete? How many?
Just tell me the number.
I Mr. Hagen: As of May 13th...
( Commissioner Dawkins: Yes, sir.
Mr. Hagen: ... we completed nine.
Commissioner Dawkins: You were supposed to complete what?
Mr. Hagen: Oh...
Commissioner Dawkins: Ten?
Mr. Hagen: Right.
Mr. Waters: Ten.
Commissioner Dawkins: Ten. And you...
Mr. Hagen: We have... If you have... If...
r
Commissioner Dawkins: Wait a minute. No, no, no. And you completed nine, right?
Mr. Hagen: Well...
111 June 13, 1996
s
Commissioner Dawkins: Nine, right?
Mr. Hagen: We can complete four more immediately, if there were funds. Twenty-three on the
books.
Commissioner Dawkins: Now, see, you see, you're new at this. Don't be combative. Don't be
combative.
Mr. Hagen: OK. I'm sorry.
Commissioner Dawkins: Come on, take it easy. Let me be combative. OK? Now, of the nine,
how much money did you have? Two thou... No, no, no. You had two thousand dollars per
' -
unit, or three thousand dollars per unit? What did they give you?
Mr. Hagen: The project is two thousand dollars ($2,000). However, the business has to come up
with a percentage of that.
Commissioner Dawkins: Yeah. No, no... OK. No, no, no. So that was eighteen thousand
F`
dollars ($18,000) you're supposed to have. Right? Now, so that's eighteen thousand dollars
($18,000) onto the fifty thousand ($50,000). So they're supposed to have sixty-eight thousand
dollars ($68,000). Yes, with plain mathematics or plain arithmetic.
Mr. Waters: Commissioner, that calculation that you just made, Commissioner, those dollars do
not come to the organization. They are credited for, in terms of meeting the national objective.
Commissioner Dawkins: Well, how can they give them to the people in the store, if they don't
have it to credit to their account? Unless we're going to be like - what's that guy's name? -
David Copperfield. You know... You know, somewhere along the lines here, we're not being
fair. OK? If this group, the same as every other group... Now, I have no problems with your
chopping their fifty thousand dollars ($50,000) in half to twenty-five ($25,000). I don't have a
problem with that. But my problem is that you want them to do facade work without facade
money. I have a problem with that, Mr. Manager.
Mr. Waters: If I may, Mr. Commissioner?
Commissioner Dawkins: No, no, no. I want to talk to the Manager now, see? No.
Mr. Odio: How much money can we give them? You can get two thousand dollars ($2,000) for
each facade that you identifiy that you want to do, and we will fund them. You can go out and
get as many as you want. We will fund them. But we need the Commission to approve the
Commercial Facade Programs.
Mr. Hagen: Well, the problem is, we don't have the personnel to do the 23 projects we have on
the books.
t.
Mr. Odio: Oh, well, that's your problem. That's your problem.
Commissioner Dawkins: OK. Wait a minute. No, no, that's not your...
Vice Mayor Gort: Excuse me.
Commissioner Dawkins: Listen to us. See, I could... take it easy. We're going to work this out.
They don't think so, but you and I do. OK? How many stores you got out there?
112 June 13, 1996
s,
Mr. Hagen: Twenty-three projects on the books right now.
Commissioner Dawkins: All right. Hold it. Hold it. OK? Now, we meet again... What's the
next Commission meeting date?
Mr. Odio: July... June 27th.
CommissionerDawkins: Go and get your volunteers. OK? Listen to me closely, now. Get
your volunteers. Go and find some contractors who will sign on to do this facade at this place,
and you come back here with a signed contract to do this facade, and the Manager says we're
going to give you the money.
Vice Mayor Gort: Commissioner Dawkins...
Commissioner Dawkins: What more can I do for you?
Vice Mayor Gort: Commissioner Dawkins.
Commissioner Dawkins: Yes, sir.
Vice Mayor Gort: If I might, please?
Commissioner Dawkins: Yes.
Vice Mayor Gort: I've been involved in this program for a long time.
Commissioner Dawkins: Yeah, but that doesn't... Me, too, as long as you have.
Vice Mayor Gort: OK. I understand. But can I give you some... Can I...
Commissioner Dawkins: OK. All right. Well, I mean, I been involved as long as you have.
Vice Mayor Gort: OK. But can I give you a suggestion, to even improve their... Because
they're looking for operating money.
Commissioner Dawkins: Beg pardon?
Vice Mayor Gort: They're looking for operating money. The facade money, they don't have
any problem. Let me enlighten you a little bit. My understanding is... I mean, you come back to
us, like Commissioner Dawkins says, with the contract. We can ask staff, since you have
performed, to take you out of probation, put the additional fifty thousand dollars ($50,000). At
the same time, we have an incentive. If you go beyond the call of duty, you get additional
funding for operations. So that's what you need. That's what Commissioner Dawkins is...
Commissioner Dawkins. All right. Let me... Let me piggyback on what the Vice Mayor said.
OK? We are supposed to be assisting you. All right? Since we are going to assist you, the City
of Miami will advertise for an executive director. And the City of Miami... You help us get the
applications, and we will hire an executive director to come out there and do what has to be
f..
done. Now, if you have one, then let it apply.
Mr. Hagen: Sir, the problem is not... We had 25 applicants for a twenty-four thousand dollar
($24,000) job. We took... We interviewed five of the best. Three of those top applicants happen
to be black, one is Hispanic, one is Anglo. We are ready to hire somebody, but we can't go
113
June 13, 1996
forward on twenty-five... at an annual rate of twenty-five thousand dollars ($25,000) a year. We
need our full budget of eighty-six thousand dollars ($86,000) to do the job that we have to do in
Edison/Little River.
Commissioner Plummer: Yeah, but what do you do about the four others that have been cut?
Commissioner Dawkins: No, no, no. No, no, no, now. You need money to hire a qualified
director. OK? We can't buy a Volkswagen and expect it to perform as a Mercedes Benz. It just
won't work, see. So now, there again, if we're supposed to help you... Now, if we... And I'm
saying "we," because, see, like you said, the northeast has been forgotten, see.
Commissioner Plummer: What time are we coming back?
Commissioner Dawkins: When Grace Rockefeller was up there, she was down here every day,
and everybody knew about the northeast. So if we have to...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: That's fine with me.
Commissioner Dawkins: See, I tell you, don't be combative. Make us do what we're supposed
to do. If we have to, then you got twenty-four thousand dollars ($24,000). Then the City of
Miami has to loan you, a person from the City of Miami, and they pay them your twenty-four
thosand dollars ($24,000), and get the job done.
Mr. Hagen: So Commissioner, what you're saying is that the executive director that we're
looking to hire right now would then be a City employee, and so that expense would be off our
books. We'd then be able to pay the other staff person that we have, pay the rent, and the office
expenses. We'd operate on that.
Commissioner Dawkins: No, that's what you're saying. That's not what I said.
Mr. Hagen: No?
Vice Mayor Gort: Excuse me.
Mr. Hagen: OK.
Vice Mayor Gort: Commissioner Dawkins, may I?
Commissioner Dawkins: Yes, sir. Go right ahead, Mr. Vice Mayor.
Vice Mayor Gort: See, as a young man, I worked as an executive director of one of those
organizations. What you need to do, you've got fifty thousand dollars ($50,000). You have that.
All you have to do is prove that you can perform. OK? So you have in your budget fifty
thousand ($50,000). It's twenty-five and twenty-five. You come back, as Commissioner
Dawkins says, with your plan, and all this signed, and you got your fifty thousand dollars
($50,000) there. Also, there's an incentive that has been created with CDBGs to improve your
performance, that if you come back and you've gone beyond the call of duty, you'll probably get
an additional funding. So as Commissioner Dawkins says, gget your contract, come back, and
we'll talk to staff so you can get your fifty thousand dollars ($50,000), and if you go beyond the
call of duty, you're going to have something else. OK?
I understand, even if the probation is removed, that we're operating as...
114
June 13,1996
j.; Vice Mayor Gort: It has not been removed, sir. I am telling you, Commissioner Dawkins has
been telling you, go out, get your contracts, come back, and we'll work it out.
Commissioner Dawkins: We will still have to operate on the advice of the Manager. We can sit
down and attempt to negotiate with the Manager, but whatever decision the Manager tells us,
that's probably what we will go along with, because that's what we pay him for - to advise us.
But we are trying to find a happy median, where the Manager, you, and I and all will agree, and
we come up with what we need. OK?
Vice Mayor Gort: OK. Thank you.
Vice Mayor Gort: Not being any further discussion, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
,j
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-426
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH TEN (10) COMMUNITY BASED
ORGANIZATIONS, MIAMI CAPITAL DEVELOPMENT, INC., AND CAMACOL,
FOR THE PURPOSE OF IMPLEMENTING ECONOMIC DEVELOPMENT
PROGRAMS; ALLOCATING FUNDS THEREFOR FROM THE TWENTY-SECOND
(22ND) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE
AMOUNTS AS SPECIFIED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
None.
115
June 13,1996
Vice Mayor Gort: Twenty-four.
Commissioner Dawkins: Move it.
f Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Carollo: Second.
Vice Mayor Gort: It's 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. 96-427
A RESOLUTION, WITH ATTACHMENT, ALLOCATING $2,056,350 OF TWENTY
SECOND (22ND) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
TO TWENTY-EIGHT (28) PREVIOUSLY APPROVED SOCIAL SERVICE
AGENCIES AS HEREIN SPECIFIED FOR APPROVED SOCIAL SERVICE
PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH SAID AGENCIES FOR SAID PROJECTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
l Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor Wifredo Gort
None.
Commissioner J.L. Plummer, Jr.
116
June 13, 1996
44. AUTHORIZE MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL
AGREEMENTS WITH 14 HOUSING COMMUNITY DEVELOPMENTS: (1)
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, (2) BAME
DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., (3)
COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, (4) CODEC,
INC. (5) EAST LITTLE HAVANA CDC, (6) EDGEWATER ECONOMIC
DEVELOPMENT CORPORATION, (7) FLORIDA HOUSING
COOPERATIVE, INC., (8) GREATER MIAMI NEIGHBORHOODS, INC., (9)
CHRISTIAN COMMUNITY SERVICE AGENCY, (10) HABITAT FOR
HUMANITY OF GREATER MIAMI, (11) RAFAEL HERNANDEZ HOUSING
.'
& ECONOMIC DEVELOPMENT CORPORATION, (12) ST. JOHN
COMMUNITY DEVELOPMENT CORPORATION, (13) LITTLE HAITI
HOUSING ASSOCIATION, AND (14) URBAN LEAGUE OF GREATER
r,
MIAMI, INC. -- TO UNDERTAKE ACTIVITIES FOR DEVELOPMENT
<<"
AND/OR REHABILITATION OF HOUSING AFFORDABLE TO LOW /
`
MODERATE INCOME FAMILIES / INDIVIDUALS -- ALLOCATE FUNDS
FROM 22ND YEAR CDBG PROGRAM.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Move 25.
Vice Mayor Gort: Excuse me.
Commissioner Carollo: Second.
Vice Mayor Gort: OK. Move 25. Is there a second?
Commissioner Carollo: Second.
ViceMayor Gort: OK. Any discussion? Being none, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
117 June 13, 1996
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-428
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH FOURTEEN (14) HOUSING
COMMUNITY DEVELOPMENT CORPORATIONS: (ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, BAME DEVELOPMENT CORPORATION OF
SOUTH FLORIDA, INC., COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION, CODEC, INC., EAST LITTLE HAVANA CDC, EDGEWATER
ECONOMIC DEVELOPMENT CORPORATION, FLORIDA HOUSING
COOPERATIVE, INC., GREATER MIAMI NEIGHBORHOODS, INC., CHRISTIAN
COMMUNITY SERVICE AGENCY, HABITAT FOR HUMANITY OF GREATER
L ; MIAMI, RAFAEL HERNANDEZ HOUSING & ECONOMIC DEVELOPMENT
CORPORATION, ST. JOHN COMMUNITY DEVELOPMENT CORPORATION,
LITTLE HAITI HOUSING ASSOCIATION AND URBAN LEAGUE OF GREATER
MIAMI, INC.), FOR THE PURPOSE OF UNDERTAKING ACTIVITIES FOR THE
DEVELOPMENT AND/OR REHABILITATION OF HOUSING AFFORDABLE TO
LOW AND MODERATE INCOME FAMILIES AND INDIVIDUALS; FURTHER
ALLOCATING FUNDS THEREFOR FROM THE 22ND YEAR CDBG PROGRAM IN
THE AMOUNTS AS SPECIFIED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor Wifredo Gort
None.
Commissioner J.L. Plummer, Jr.
---------------------------------------------------------------------------------------------------
AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH
FORTUNE INTERNATIONAL REALTY -- TO ASSIST IN
MARKETING / SALES OF 15 REMAINING CONDOMINIUM
UNITS IN ST. HUGH OAKS VILLAGE PROJECT.
DIRECT ADMINISTRATION TO PROVIDE STATUS REPORT ON
ST. HUGH OAKS PROPERTY.
Vice Mayor Gort: Twenty-six.
Mr. Elbert Waters (Director, NET/Community Development): Twenty-six, Commissioners...
Vice Mayor Gort: By the way, I think we're moving this. I want to discuss something with
Commissioner Dawkins, since he's here.
118
June 13, 1996
Commissioner Dawkins: No, no, it's all right. The only thing I'm saying is, I do not understand
how this has happened, Commissioner Carollo. You weren't here. We had all of these units
sold, presold. Commissioner Gort and I knew that they were sold. Then this Commission
decided it was going to have a lottery. Then the people in the lottery couldn't qualify. The
people who had paid cash for four of the units backed out. I mean, we had... Commissioner, we
had four units presold in cash. But they wanted to have a lottery, and the people backed out.
Now, they're telling me that they've got to have a professional realtor to sell these properties.
But if that's what it takes to do it, call the roll.
Commissioner Plummer: What item are we on?
Vice Mayor Gort: Twenty-six.
Mr.Odio: Twenty-six.
Commissioner Dawkins: Call the roll.
Commissioner Carollo: Let me add this for the record, that the percentage rate that we're being
charged is extremely low in today's market. It's five percent.
Vice Mayor Gort: OK. All in favor... Any further discussion?
Commissioner Plummer: The biggest disaster that's hit this City in a long time.
Vice Mayor Gort: A11 in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
119 June 13, 1996
r
f
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-429
A RESOLUTION RELATING TO THE SALES AND MARKETING OF FIFTEEN (15)
REMAINING CONDOMINIUM UNITS SITUATED AT THE SAINT HUGH OAKS
VILLAGE CONDOMINIUM PROJECT, LOCATED IN THE COCONUT GROVE
NET SERVICE AREA; AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
FORTUNE INTERNATIONAL REALTY, (REALTOR), TO RETAIN SAID
REALTOR'S SERVICES FOR THE PURPOSE OF ASSISTING THE CITY OF
,.. MIAMI IN THE EXCLUSIVE MARKETING AND SALES OF SAID
t ' CONDOMINIUM UNITS; AUTHORIZING THE CITY MANAGER TO PAY A REAL
ESTATE COMMISSION OF FIVE (5%) PERCENT TO SAID REALTOR PURSUANT
e TO SECTION 18-81, CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED.
. (Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted b the
P P Y
following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: None.
Vice Mayor Gort: One..
Commissioner Dawkins: Move 27.
Vice Mayor Gort: Commissioner Dawkins, before you go on, one of the things, now that we're
.' here, I'd like to get a report on this property, at least Commissioner Dawkins and myself. Let
us... put. us to date, what's happening, and where we're at. I have not received a report on this
since the last time we met. And I think we should have a report for Commissioner Dawkins and
for myself. I think I've requested this about three or four times already.
Commissioner Dawkins: Maybe more.
Mr. Waters: Vice Mayor, we will submit that report to you. My apologies.
t, ; Vice Mayor Gort: Please. I'd like to have the status of where we're at and what's happening.
Mr. Waters: Yes, sir.
Mr. Odio: We'll send you a memo, sir. But I...
' Commissioner Dawkins: Now you know how I feel.
{„ 120 June 13,1996
i
Vice Mayor Gort: Yes, sir.
Commissioner Dawkins: All the reports I ask for, and never get them. Now you know how I
feel.
Vice Mayor Gort: Well, we're going to get it.
Commissioner Dawkins: OK.
Vice Mayor Gort: OK? Twenty-seven.
Commissioner Dawkins: Mr. Cruz has something to say.
Mr. Mariano Cruz: Yeah.
`
Vice Mayor Gort: Mr. Cruz.
r'
Mr. Cruz: You moved it already? Well, I see... No, the reason I come here, because I see here
the words, "Melrose Townhomes." Melrose are in Allapattah.
Mr. Cesar Odio: This is Saint Hugh Oaks.
Commissioner Plummer: No.
Mr. Cruz: No, no, no. Look at 27. We're on 27.
Vice Mayor Gort: Well, if you're to discuss...
Mr. Cruz: I got my glasses on.
Vice Mayor Gort: Excuse me. Excuse me. Are you going to discuss 27?
I Mr. Cruz: Yes.
'L
Vice Mayor Gort: Let us get into it. We haven't gotten into it yet.
Commissioner Plummer: Twenty-seven.
' Mr. Cruz: Oh, no, I thought he was saying 27.
Vice Mayor Gort: No, no. No, no. That was 26.
121
June 13,1996
r Vice Mayor Gort: It's been moved. Is there a second? This is the Poinciana Village Project.
j It's been moved. I'll second it. J.L., take the chair. OK.
Mr. Mariano Cruz: No... OK?
Commissioner Dawkins: Go ahead, sir.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street in Allapattah, the same neighborhood that
Melrose Townhome is located. I want to know here, they say...
Vice Mayor Gort: Excuse me, Mariano.
Mr. Cruz: ... three hundred and sixty-three thousand dollars ($363,000) in the form of a grant -
that's a gift - from the sale proceeds, means if they get more money, or they get less money? It's
so ambiguous. You know, I can't figure it out, what they're saying there. Because usually,
they're using... All the time, they're using the target areas. You know why? Because that's a
target... that's a Community Development money, whatever money was used to develop those
Melrose Townhomes too. And you know that Melrose come from a long time from the
plumbers' union, and all that, and now, whatever... No. It bothers me.
Vice Mayor Gort: Excuse me. Mariano, are you addressing Melrose or are you addressing...
Mr. Cruz: Yeah. It's there. It said Melrose.
Commissioner Plummer: No. It's monies from Melrose. This is item...
Mr. Cruz: It said monies coming from Melrose, though, besides Saint Hugh Oaks.
Vice Mayor Gort: OK.
Mr. Cruz: I didn't say anything before at all on Saint Hugh's.
,. Vice Mayor Gort: OK.
Mr. Cruz: And they say Melrose, because I said, how much money. How come the money is
not being reverted to Allapattah? Or is this welfare for the rich? I mean, Indian River
122
June 13, 1996
Investment, why the officers and all that in there, they are so broke that you give them a grant?
A grant. Let me finish. Got to say... Because like now, I am also on the CDB (Community
Development Board), and I read an advertisement the other day in the Miami Times that...
calling a meeting for next week about the downtown people there applying for the 108 loan of
the Housing, CDBG, and that's money that will be taken from Community Development to pay
that. OK? Because the target areas get the money on account of the census. You don't have any
more target area in South Beach, do you? You don't have. According to the 1990 census, South
Beach has a higher income. But you got a target area in Allapattah. Everybody goes there to do
the same thing like before, with the float loan. Now... So everybody comes there to do... Oh,
they're so good, you know. They patronize us, and a paternalistic attitude, "ahora," about how
they are going to think for us. No. We're tired of people doing our thinking. We are doing our
own thinking. And we want to know in that money, how much money is going to revert to
( Allapattah. Maybe to a park, maybe to affordable housing, maybe to the Bobby Maduro
Stadium, since they've taken the money already away from there. What interests are there? I
mean, this is welfare for the rich. I'm tired of listening to that.
Vice May Gort: OK.
Commissioner Plummer: All right. Is there any further...
Vice Mayor Gort: Excuse me. Wait a minute. Mr. Manager?
(INAUDIBLE COMMENT NOT ENTERED IN THE PUBLIC RECORD)
Vice Mayor Gort: OK.
Commissioner Plummer: Are there any further questions? I will so stipulate here, as I did at the
CRA (Community Redevelopment Agency), a contractor made an agreement to provide. He's
now coming back, asking us to bail him out to the tune of three hundred and sixty-three thousand
($363,000). I'm sure he's going to make the same amount, or if not more profit, and I just
happen to agree that I think that this is something that, if nothing more, is a very, very bad
precedent. No other information, call the roll. It's a resolution. All in... Call the roll, since I'm
voting negatively.
Commissioner Carollo: Hold on. Let's stop the roll call.
Commissioner Plummer: OK.
Commissioner Carollo: Did you make any additional changes to the resolution that's before us?
Commissioner Plummer: No, sir.
Commissioner Carollo: OK.
Commissioner Plummer: There was no additional... Before us is the way it's being voted upon.
Commissioner Dawkins moved it. Commissioner Gort seconded. And there's no changes. It's
exactly as the resolution is written.
Commissioner Carollo: All right.
Vice Mayor Gort: Commissioner, this was approved at the CRA meeting, and this is the
recommendation at the CRA meeting.
Commissioner Plummer: Correct.
123 June 13, 1996
Commissioner Carollo: OK. This is recommended by the CRA.
Commissioner Plummer: Correct.
Commissioner Carollo: OK. And Mr. Manager, what is your recommendation of this, sir?
Mr. Cesar Odio (City Manager): We are recommending it.
Commissioner Carollo: You're recommending it. OK.
Commissioner Plummer: Call the roll.
" The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-430
A RESOLUTION DIRECTING THE CITY MANAGER TO PROVIDE $363,000 IN
THE FORM OF A GRANT FROM THE SALE PROCEEDS OF EITHER OR BOTH
OF THE SAINT HUGH OAKS CONDOMINIUMS OR MELROSE TOWNHOMES,
TO THE INDIAN RIVER INVESTMENTS, INC. ("DEVELOPER"), THE
DEVELOPER OF THE POINCIANA VILLAGE CONDOMINIUMS, LOCATED AT
269 NORTHWEST 7TH STREET, MIAMI, FLORIDA, FOR THE PURPOSE OF
PROVIDING FINANCIAL SUPPORT FOR THE CONSTRUCTION OF PHASE III
DEVELOPMENT ("PROJECT"); FURTHER STIPULATING THAT ANY PROFIT
MADE BY THE DEVELOPER FROM THE SALE OF THE PROJECT WILL BE
RETURNED TO THE CITY.
(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:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor Wifredo Gort
Commissioner J.L. Plummer, Jr.
None.
Commissioner Dawkins: What time are we coming back, sir? What time are we coming back?
Vice Mayor Gort: You guys want to wait... I think we have an item certain at four -thirty.
Commissioner Plummer: We do?
' Vice Mayor Gort: That's my understanding. Do we have an item certain?
Commissioner Plummer: No.
' Vice Mayor Gort: We don't? Then...
124
June 13,1996
_Commissioner Plummer: I'd rather do that. That's my vote.
Commissioner Carollo: I'd rather come back.
Mr. Walter Foeman (City Clerk): Excuse me. Item 42 is scheduled for four -thirty.
Vice Mayor Gort: Excuse me. Item 42?
Mr. Odio: Yes, you have to...
Commissioner Plummer: Is what?
2>
§ Mr. Odio: That's the DDA (Downtown Development Authority), yeah.
Mr. Foeman: Yes. Yeah.
Vice Mayor Gort: It's got to be heard after four -thirty.
Commissioner Carollo: Right.
Vice Mayor Gort: So let's come back about four?
Commissioner Dawkins: Good.
Vice Mayor Gort: Let's wait. Joe is here. We can do the regular agenda now.
Commissioner Plummer: Oh, OK.
----------------------------------------------------------------------------------------------------------------
47. (A) AUTHORIZE EMERGENCY PROVISION OF 28 VEHICLES ON
RENTAL BASIS FOR 60 DAYS -- FROM ROYAL RENT -A -CAR,
INC. -- FOR NET COMMUNITY DEVELOPMENT DEPARTMENT --
ALLOCATE $32,144 FROM FEDERAL AND STATE FUNDS.
(B) DIRECT ADMINISTRATION TO ENSURE THAT FUTURE LEASED
/ PURCHASED CARS BE SAME COMPACT CARS AS USED BY
NET OFFICES, IN ORDER TO HAVE UNIFORMITY IN LEASE /
PURCHASE OF CITY VEHICLES.
Commissioner Plummer: Move it.
-seven-A, rental of... rental automobiles.
Commissioner Plummer: Twenty
126
June 13, 1996
. Vice Mayor Gort: It's been moved and seconded. Is there any discussion?
Mr. Mariano Cruz: Yes.
Commissioner Carollo: Twenty -seven -A. Moved and second. I believe that was all right, from
what I had read before. There was no other way that we could get around that, having to rent for
60 days versus...?
Mr. Elbert Waters (Director, NET/Community Development): No, sir. In terms of our bidding
process, this is the most expeditious way to handle it. And this is a... basically a stop gap method
that we're trying to utilize at this point.
Commissioner Carollo: OK. But you will have vehicles, new vehicles within this time frame?
Mr. Waters: Yes. After this expires, then we'll be coming back for the remainder.
Commissioner Carollo: OK.
Commissioner Plummer: And I want to make sure... I want to make sure when you do it that
it's the same compact cars that we're presently using now for the NET (Neighborhood
Enhancement Team) offices. I think what we need to do is to get a uniformity of these cars so
we don't have to buy 50 million different parts.
Mr. Waters: Well, we're not buying. We're leasing.
Commissioner Plummer: You're going to buy.
Mr. Waters: No. No. We're leasing. Basic... No. We're leasing.
Commissioner Plummer: This is only for 60 days.
Mr. Waters: Correct.
i
Commissioner Plummer: OK. Are you taking a lease with maintenance or without it?
l` Mr. Waters: Yes, with.
Commissioner Plummer: OK. I still would like to see a uniformity. OK? Call the roll, Mr.
' Vice Mayor.
Vice Mayor Gort: Excuse me. Under discussion. Yes, sir.
Mr. Mariano Cruz: Yes. Mariano Cruz, 1227 26th Street. What I want to know, in these leased
cars, do we need so many cars, and so many cars, and so many cars? I want to know if the
regulation is being enforced in the 24-hour cars, take-home cars, because I see them all over the
place - after hours, on Saturday, on Sundays, everywhere. People taking children to school,
subjecting us to liability, accidents, and all that. Why is that? Why? And then we have to pay
more, more cars, police cars. Maybe the use is later... And they say, oh, the City don't have to
pay, it's State and Federal taxes. We pay State and Federal taxes. We all pay State and Federal
k taxes. But what I'm talking about... I'll give an example. Like the other day, I saw a K-9 car,
�. the policeman working off -duty in a place, the engine running, with the dog inside. You know,
! what I am paying... we are paying for that gas and that car there. How come there wasted...
' abuse of the car? You know why? Because they don't have to pay for those cars, and they don't
r live in the City. So they don't have to pay taxes here. We are subsidizing the standard of living
,, ., 127 June 13, 1996
of some people, why people here can't afford even push carts or whatever to go to work, and you
see the people now, renting cars, rental cars and more things, and more things, and more things.
We pay... A poor City, a poor City subsidizing other people now, that we made possible that
people live that way. And I told already the people about the numbers of those cars using for
purpose... On a Saturday, last Saturday, I saw a NET car - a NET car, a Cavalier - on 6th
Avenue and 147th Street. I don't know if he was going or she was going to the beauty parlor or
to the gym there, but that wasn't in the City of Miami. That's not the City of Miami. And read
your regulations of the 24-hour cars. Only people that are on 24-hour call are supposed to use
24-hour cars. It's not that. You look at... your own regulations are right there. They are there
from Howard Gary, from everybody there from before. But now, every day, they change
everything.
!?.'. Vice Mayor Gort: Thank you, sir. Your two minutes are up.
Mr. Cruz: Well, thank you.
Vice Mayor Gort: That's a good question. We do have certain regulations that we have to
govern our...
I ' Captain Joseph Longueira: And we reprimand...
Vice Mayor Gort: Could you go over it, please?
Mr. Manuel Gonzalez-Goenaga: Excuse me.
Captain Longueira: Commissioner, we have policies on the use of cars on duty and off duty. It
prohibits off -duty use for personal reasons. OK. When we get a complaint... And we know
about Mariano's complaint to the department. We're investigating it, and it calls for reprimands
and actions if the officer violates the policy. It also calls for the loss of the use of the car. And
it's an increasing thing, if he has a subsequent violation. And we do... We do enforce that
policy.
Vice Mayor Gort: OK. Thank you, sir. Yes, sir.
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. I am extremely happy that
we... Mr. Mariano spoke the truth, and he is - has been for a long time - an eternal vigilante.
The NET people... that's what they are, "net." You know, in the tennis court when you play.
So... But they don't perform like NET. And the police, even though you stated this morning
that a remedy is the Internal Affairs, have you ever considered that a policeman can't police
themselves? Oh. Don't let me explain anymore. The experience has shown that policemen
cannot police themselves, and they have a code of silence, just like the Mafia. I respect the
Mafia more than the police. Thank you.
Commissioner Plummer: Just for the record, I said there were two agencies. That was one. The
other one is the State Attorney's Office, which also is not policemen, who do do with the
investigation. They are the ones who do prosecution, if, in fact, wrongdoing has been proven.
Mr. Gonzalez-Goenaga: Well, the... I have provided the case of Cesar Odio for lying in his
education, a criminal offense.
i
Vice Mayor Gort: Thank you, sir.
Mr. Gonzalez-Goenaga: And they have covered up.
128 June 13, 1996
Vice Mayor Gort: I'm sure they will be investigating. And if not, you can go to the Supreme
Court or some of them to... OK.
Mr. Gonzalez-Goenaga: Florida Department of Law Enforcement.
Vice Mayor Gort: That's right. That's where you go next. Will you call the roll?
Commissioner Dawkins: Hold it, now.
Vice Mayor Gort: Yes, sir.
Commissioner Dawkins: Mr. Cox wants to say something.
Vice Mayor Gort: Mr. Cox.
Charlie Cox: Yes, sir. You know, we're taking shots at our employees that work 24 hours a day,
and they're representing these communities 24 hours a day. They don't get overtime. Yes, they
may not live right next door, but they have to drive their cars to get where they want to go.
Maybe if Mr. Mariano wants to move to Maryland where his check is signed from, they'll have a
residency requirement for the postal service. And as far as... We don't have employees where
their parents are paying them to stay over here and harass us. Our employees work. They earn
every penny that they get, and they will continue to work. And if it means 24 hours a day
they're on call, you're going to see these cars on the streets 24 hours a day, and that's what they
were supposed to do.
Vice Mayor Gort: OK.
Commissioner Dawkins: Well, the only thing I have wrong with what you're saying, Charlie, is
it's not necessary that these cars be on duty, because there are some people in the City of Miami,
who live in the City of Miami, that could work and wouldn't have to use them. OK? Thank
you.
" Commissioner Plummer: Call the roll.
Vice Mayor Gort: OK. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
y
129 June 13, 1996
J= The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-431
A RESOLUTION BY A 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 ACCEPTING THE BID FROM ROYAL
RENT -A -CAR, INC., FOR THE PROVISION OF TWENTY-EIGHT 28 VEHICLES,
ON A RENTAL BASIS FOR SIXTY (60) DAYS, IN A TOTAL AMOUNT OF $32,144,
FOR THE NET/COMMUNITY DEVELOPMENT DEPARTMENT; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT NOS. 45-2163-270-799626 AND 45-0264-
610-184052; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE THE NECESSARY DOCUMENTS FOR THE
RENTAL OF SAID VEHICLES.
(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.
None.
Vice Mayor Gort: Twenty-eight is withdrawn.
Commissioner Plummer: Move it.
t
Commissioner Dawkins: Second.
Mr. Mariano Cruz: Yeah.
i
Vice Mayor Gort: It's been moved and seconded. Discussion?
130
June 13,1996
..
Mr. Cruz: Yeah. Hello. Discussion. I called this lawyer of this firm, Mershon, Sawyer, and
the... no, the other... Akerman, Senterfitt and Edison. I never get a response. Because I want to
know what kind of expertise, which one of the partners is going to take care of this issue.
Because I think... And I am looking there to Mr. Quinn Jones and every time, and I... Like I
said before, why do we need a Law Department? Even health -related issues, you don't... How
many lawyers the Law Department got? How many lawyers?
A. Quinn Jones, III, Esq. (City Attorney): Are you asking me?
Vice Mayor Gort: Excuse me.
Mr. Jones: First of all, Mr....
k:
Vice Mayor Gort: Excuse me. Mariano, ask all your questions, and at the end, when you've
A
made your presentation, they'll answer your questions.
`
Mr. Cruz: OK. Right. Because I want to know, because in all the lawyers on it, there is nobody
expert enough in health insurance or in health, now, with all the chap es the PPOs and all... We
have in our union people that go to seminars on that, and are up to date in whatever is going on,
and they inform us, and I can call them by phone there. But I see now... I don't know. It's an
open thing. They don't even specify how much money per hour or whatever... how much money
is going to be paid for that. It's an open contract? What? A hundred thousand dollars
($100,000)? Two hundred thousand dollars ($200,000)? I don't know. And there is always
money for everything, but like I say, there is no money to mail me the agenda.
Vice Mayor Gort: Thank you. Do you want to answer his question?
Mr. Jones: You want me to answer him? Mr. Cruz, what this does, basically, is substitute
Mershon, Sawyer, a firm that's no longer in existence, for Akerman and Senterfitt. The person,
the individual who would be handling these issues is Henry Raattama, who just joined Akerman,
Senterfitt in January. It specifies that the same amount that the Commission approved before,
forty thousand dollars ($40,000), up to forty thousand dollars ($40,000). That's what it says.
And to answer your question, again, health care is a very specialized area. You won't find any
law firm that specializes in each and every area of the law. My office specializes in 45, 46
different areas. So you can't expect us to handle each perhaps and every thing that comes about.
Vice Mayor Gort: OK. Thank you, sir.
Mr. Cruz:Yeah. Well, one thing.
Vice Mayor Gort: OK. Thank you, sir.
Mr. Cruz: What it takes to...
Vice Mayor Gort: Excuse me, sir. Excuse me. I think that he answered your question.
Mr. Cruz: Yeah. No, but I didn't ask that question right there.
Vice Mayor Gort: I'm not going to have any debate between you and the department. OK?
Mr. Cruz: Well, I...
Vice Mayor Gort: Thank you.
131 June 13,1996
A RESOLUTION AMENDING RESOLUTION NO. 95-16, ADOPTED JANUARY 12,
1995, BY SUBSTITUTING THE ENGAGEMENT OF AKERMAN, SENTERFITT &
EDISON, P.A. FOR MERSHON, SAWYER, JOHNSTON, DUNWODY & COLE TO
SERVE AS COUNSEL FOR THE CITY OF MIAMI SPECIFICALLY FOR THE
PREPARATION OF DOCUMENTATION RELATED TO HEALTH INSURANCE
' ISSUES; AND FURTHER CHANGING THE PREVIOUSLY DESIGNATED
ACCOUNT AND PROJECT CODE NUMBER.
(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:
None.
49. (A) CLASSIFY SURPLUS OFFICE FURNITURE FROM VACATED
CITY ADMINISTRATION BUILDING AS CATEGORY "A'
SURPLUS STOCK -- DONATE TO 8 NON-PROFIT COMMUNITY
AGENCIES.
(B) DIRECT ADMINISTRATION TO MAKE SURE THAT ALL
NONPROFIT ORGANIZATIONS WHICH ARE RECIPIENTS OF
DONATED CITY SURPLUS OFFICE FURNITURE MUST BE
LOCATED WITHIN CITY LIMITS.
----------------------------------------------------------------------------------------------------------------
F > Commissioner Plummer: I'll move item...
Vice Mayor Gort: Thirty.
Commissioner Plummer: I'll move item 30. I want to make sure, though, that all of these non-
profits are within the City of Miami. It that of...
Vice Mayor Gort: Is there a second?
132 June 13, 1996
�. Commissioner Dawkins: Second.
Vice Mayor Gort: It's been moved and seconded.
Commissioner Dawkins: With the same speci...
Vice Mayor Gort: With the specifications that all the non -profits be within the City of Miami.
Commissioner Plummer: Mr. Manager, all of these non -profits that are recipients of this
furniture are City of Miami CBOs.
Commissioner Dawkins: If they're not, they won't get it.
Commissioner Plummer: That's right.
Vice Mayor Gort: OIL. It's been moved and seconded. Under discussion. Yes, sir.
Mr. Manuel Gonzalez-Goenaga: My name, again, is Manny "Boom -Boom." I understand,
Commissioners, that you don't like to hear the truth. I do not believe that non-profit
organizations do exist legally, but not in practice. If they are non-profit, they are really getting a
lot of profit from donations of equipment, administrative expenses, and salaries, and grants, and
appropriations by the City of Miami for affordable housing, and the results that we have had
through the years. I have presented here an affordable housing issue. I have never been called,
and nobody... I sincerely... And this will be my last statement on affordable housing. Every
single affordable housing, either for a non-profit or profit, should go to public... I mean Request
for Proposals. The best price, the best... and forget about this corruption in Miami. There is the
direct and indirect corruption. So I cannot buy these non-profit issues. Thank you very much.
Vice Mayor Gort: Thank you, sir. Is there any further discussion? Being none, all in favor,
state so by saying "aye."
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
133
June 13, 1996
! The following resolution was introduced by Commissioner Plummer, who moved its adoption:
i%
RESOLUTION NO.96-433
A RESOLUTION CLASSIFYING SURPLUS OFFICE FURNITURE THAT WAS
UTILIZED IN THE NOW VACATED CITY ADMINISTRATION BUILDING AS
CATEGORY "A" SURPLUS STOCK; FURTHER DONATING SAME TO EIGHT
NON-PROFIT COMMUNITY AGENCIES AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
r.
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
C
NAYS: None.
r
,s.
ABSENT:
None.
--------------------------------------------------- -------------------------------------------------------------
50. DISCUSS AND WITHDRAW (SO THAT COMMISSION MAY INSPECT
EQUIPMENT) PROPOSED RESOLUTION TO AUTHORIZE ACQUISITION
OF ONE 1996 JOHN DEERE 644G 4WD LOADER FROM JOHN DEERE
INDUSTRIAL EQUIPMENT.
Commissioner Plummer: Move 34.
Mr. Cesar Odio (City Manager): I'm withdrawing 34.
Commissioner Plummer: Withdrawn. Move 35...
Commissioner Dawkins: Why, Mr. Manager? Why, Mr. Manager?
Mr. Odio: We had promised one of the Commissioners... that he would want to visit the facility
to look at the equipment.
Commissioner Dawkins: OK, no... That's reason enough. Thank you.
Mr. Odio: And he has not been able to do so.
Commissioner Dawkins: Thank you.
134 June 13,1996
--------------------------------------------------------------------------------- -- -
51. (A) CLAIM SETTLEMENT: ODESSA LTD. ($2.6 MILLION, PLUS
INTEREST, PURSUANT TO 28 U.S.C. 1961).
(B) DIRECT ADMINISTRATION TO ASCERTAIN WHO IS TO BLAME
FOR CITY HAVING TO PAY SO MUCH MONEY IN LAWSUITS.
Vice Mayor Gort: Thirty-five.
Commissioner Plummer: Move it. Thirty... Move it.
Vice Mayor Gort: Comments?
k
MM
Commissioner Plummer: Just for the... Has anybody seconded the motion?
G Vice Mayor Gort: My understanding is, Commissioner Dawkins, when this issue was in front of
us last time, you requested that you wanted it to be heard by the CRA (Community
Redevelopment Agency) first.
Commissioner Dawkins: Yes. The Court still says we have to pay, so there's nothing I can do
about that.
A. Quinn Jones, III, Esq. (City Attorney): Well, let me also... Let me just also put on the
record...
Commissioner Plummer: Wel, all of you are out of line. I made a motion that hasn't been
seconded.
Mr. Jones: I'm sorry.
Vice Mayor Gort: OK. There's a motion. Is there a second? Item 35.
Mr. Gonzalez-Goenaga: Yes.
Vice Mayor Gort: I'm sorry, you can't second it yet.
Commissioner Plummer: For the record, I begrudgingly do it...
Vice Mayor Gort: Is there a second for item 35?
Commissioner Plummer: I move to defer 35.
Mr. Jones: Let me just... Can I make a statement, please? Just... not relative to that. I just
want...
Vice Mayor Gort: We need the motion first on the floor. It's been moved...
Commissioner Dawkins: Second, second.
June 13, 1996
I , Commissioner Dawkins: Yes.
Commissioner Carollo: What is the motion? To defer 357
Vice Mayor Gort: Yes.
Commissioner Dawkins. Yes.
Commissioner Carollo: Well...
Vice Mayor Gort: It's been moved and seconded.
Commissioner Plummer: Under discussion.
4
Commissioner Carollo: Discussion. The one thing that we...
Vice Mayor Gort: Mr. Jones...
k Commissioner Carollo: ... we need to realize... And if we're not going to appeal this to the
Supreme Court, then we'd best come to some agreement of what we're going to be doing,
because every day, it's 12 percent.
Mr. Jones: That's not correct, Commissioner.
Commissioner Carollo: No? It's not correct?
Mr. Jones: Let me just briefly, if I...
Commissioner Dawkins: First, let me say something first.
Mr. Jones: Let...
Commissioner Dawkins: Let me say one thing, then I'll turn it over to you.
Vice Mayor Gort: Let Commissioner Dawkins speak.
Commissioner Carollo: We're not having to pay interest on the judgment already?
Mr. Jones: Yes, we have to pay interest, but it's...
Commissioner Carollo: Well, that's what I'm talking about.
Mr. Jones: In Federal Court, it's not the same as the 12 percent in State Court.
Commissioner Carollo: Oh, OK. OK. Well, what is it in Federal Court?
Mr. Jones: It's much lower.
Commissioner Carollo: Much lower?
.q Mr. Jones: My recollection is somewhere like around four percent.
r . Commissioner Carollo: OK, four percent. It's a big difference.
136
June 13, 1996
Vice Mayor Gort: Go ahead... I think Commissioner Dawkins wanted to make a statement.
Mr. Jones: I'm sorry.
t
Commissioner Plummer: So did I.
Commissioner Dawkins: The Court has directed us to pay this. The City Attorney says that
there is no appeal route available to us. That there is no appeal. So it has to be paid. I just don't
plan to second it. I'll go along... I'm not seconding it, that's all.
Commissioner Plummer: Well, OK. Let me... Let me tell you, the only reason that I made the
motion to pay it was because the City Attorney's Office came to my office this morning and told
us we had no other options. And if that is the case, and we're so ordered by the Court... I don't
like the fact that we're out two point six million dollars ($2,6 million), but when we have no
choice, then I have to do what I have to do. And for that reason.,. Nobody wants to make a
motion to pay something in that amount, but somebody's got to do it, and we got to pay, and we
got to get it over with. Now, you want to defer it? I'll make that motion.
Mr. Jones: Commissioner...
Commissioner Plummer: You want to pay it? We...
Commissioner Carollo: Where are we getting the money to pay this, Mr. Manager?
Mr. Cesar Odio (City Manager): We have... We're going to have to supplement the Self -
Insurance Trust Fund by going to the Sunshine State Pool, and getting very low interest monies.
Commissioner Carollo: Can we borrow two point six million ($2.6 million) from the three point
something that we gave Melreese?
Mr. Odio: I wish. I wish. But I...
Commissioner Plummer: Let me... May I...
Commissioner Dawkins: Make your motion, J.L. Let's see if we can get out of here.
Commissioner Plummer: No, let me interject something. Mr. Manager, I have told you the
Florida League of Cities is creating a new pool.
Mr. Odio: That's what I'm saying. That's what...
Commissioner Plummer: That's not Sunshine.
Mr. Odio: Oh, I mean... I'm sorry. Did I say... Florida League of Cities. It's very...
137 June 13, 1996
�j
rya\
Commissioner Plummer: Again, my motion... I will try to do what I think is right. I will do
what I only think we have the opportunity to do in a motion to approve.
Commissioner Dawkins: I'll vote for it, but I just can't second it.
Vice Mayor Gort: OK. There's a motion. Is there a second?
Commissioner Carollo: I second the motion.
Vice Mayor Gort: OK. Under discussion. Yes, sir.
Mr. Gonzalez-Goenaga: Again, Manny Gonzalez-Goenaga. There is no doubt, when we live in
a democracy with three different powers - thank God - there is an order of the Court after a trial.
We don't have any other alternative, unless we are Mr. Castro. Yet, this is another proof that the
City of Miami is a cancerous management. In every single Commission meeting, we have these
h ' settlements, and these settlements, and I yet do not know, because they have been banging me
like a... not like... like aping-pong ball. I have not been provided with the Self -Insurance Trust
Fund. Now, they have to borrow. Borrow is debt that we have to pay for negligence, even
though it's settled without admitting any liability. This is a government of fraud and deceit, in
theory, in practice, in cosmetics, the way we want... you want to put it on. But the end result is
that they don't pay. We have to pay out of our own taxes. And if there is no money, they go,
they will raise the taxes, sooner or later. Let's face political reality. You... It's in your hands,
Commissioners. Do something before it's too late with this Administration, starting from the
very studious, eloquent person, the emperor.
Vice Mayor Gort: Thank you, sir. Is there any further discussion? Being none, all in favor,
state so by saying "aye."
Commissioner Dawkins: No. I say... I'm going to say yes, but I'm going to make a statement.
I vote yes, but I would not second this, and I'm not in favor of it, but we have to do it. I've said
to the City Attorney more than once, I do not feel that this was adequately defended by our Law
Department. But again, this is another one that we lost, and we have to pay. But I do feel that
this should not have been lost in any court in the United States of America, not with the case that
we had.
Commissioner Carollo: I don't think that there's any one of us here that is happily voting for
this today, but we really have no choice. Every day that we refuse to pay, it's more interest. But
beyond that, the Court was gracious enough to let us not have to post a bond. So if we do not
approve to pay this today, we are going to be getting sued again, and it's going to be more
money we're going to be paying. I wasn't here when this whole mess exploded, so I'm not
really sure what went on, what happened. But at the same time, I can appreciate what my
colleague stated here. We have no choice. We have to pay it. I'm very unhappy about it,
because this is not just a few dollars. This is a major hit to the City of Miami. And these are the
kind of things that I've been saying, that it's just not writing a check and paying every time that
we lose in court or we have to settle. We need to find out why, and who was to blame for the
City of Miami paying these huge amount of dollars that we're paying out.
Vice Mayor Gort: Joe, I agree with you. And this is one of the things that we've been doing,
every time we've had... Like yourself, a lot of these cases that come in front of us, we were not
here. But hopefully, the Law Department and the other departments have learned from this and
have taken measurements so it would not happen again.
Commissioner Dawkins: They couldn't have learned. Thirty-five is the same thing. We got two
or three others in here where we're paying.
_k
138 June 13, 1996
f
k
Vice Mayor Gort: Yes, sir. OK.
Commissioner Dawkins: Go right ahead, sir. Call the roll... No, I mean call the next item, Mr.
Vice Mayor.
Vice Mayor Gort: That's unanimous.
Commissioner Dawkins: Yes, sir.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-434
i A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
ODESSA LTD., A FLORIDA LIMITED PARTNERSHIP, THE SUM OF $2.6
MILLION, PLUS INTEREST PURSUANT TO 28 U.S.C. 1961, IN FULL AND
COMPLETE SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS AND
JUDGMENTS AGAINST THE CITY OF MIAMI, PURSUANT TO THE FINAL
JUDGMENT FOR PLAINTIFF, AS ORDERED BY JUDGE SHELBY HIGHSMITH
OF THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF
FLORIDA, ON SEPTEMBER 24, 1993, IN CASE NO. 90-1109-CIV-HIGHSMITI-i;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-
1 INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.620103-653.
(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:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
Mr. Mariano Cruz: No, 36. No.
Commissioner Plummer: Thirty-six.
139
June 13, 1996
Commissioner Carollo: Thirty-six.
Mr. Cruz: Wait a minute.
Commissioner Plummer: I move it.
Mr. Cruz: I am for 36 here. I'm waiting.
Vice Mayor Gort: Yes, sir.
Commissioner Plummer: On 36...
Vice Mayor Gort: Wait a minute. There's a motion on 36.
Commissioner Dawkins: Second.
Vice Mayor Gort: Moved and seconded. Under discussion. Yes, sir.
Mr. Cruz: Yeah. I...
Commissioner Carollo: Here we go again. At least this one's not for the amount that we just
approved before.
Commissioner Dawkins: But it's still paid.
Commissioner Carollo: But it's still serious money.
Vice Mayor Gort: Yes, sir.
1 Mr. Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. I'll speak fast, because you're
only limited to two minutes. So when other people... No, they don't get limited. I see here it
says State of Florida. So the settlement will be actually a hundred and eighty-one thousand
($181,000). So you go past... it's not just eighty-one thousand, nine twelve. But what I am
getting to is, all the things I read here every day of the agenda is we have to pay for settlement.
Show me one instance that we collect any money for a settlement because the other people were
liable. I don't... It looks like all the time... Where is the union guy that... Your employees are
100 percent liable for everything that happen. It's not, no. You could sue the people and get the
thing. Maybe we should get some money somewhere, but the only thing is settlement,
settlement, we pay, we pay, we pay, we pay. What... Actually, I tell you, we don't need the
Legal Department. We just need an Administrator, somebody that will then say, we settle, we
settle, we settle, and this we litigate, or we farm out to Traurig, and we farm the other thing to
Sanford, and we farm the other thing. Right. That's the only thing we need, because we are not
getting anything for our buck. Because according to here, the only thing you got to do is sue the
City. And anyway, we have choice. What about if we don't pay? What would happen? We're
broke. Right? So what. Then we can't pay. Enter a judgment against the City. So what? What
can you do? I mean, forfeit and take the something, maybe take the Orange Bowl or take Bobby
Madura That's the only thing they could do, probably. OK? You can go to Allapattah and
seize Bobby Maduro. Go to the Sheriff Department over there. Don't pay. See what happens.
And then, they will stop suing the City of Miami. Because you know why they sue? Because
you pay the big money here. It's like... They sue big corporations, big things, because they
know there is money there. If you don't have insurance, they don't sue you. Try to get a lawyer
to sue somebody without insurance. You don't get one.
l
Vice Mayor Gort: Thank you, sir. Next.
140 June 13, 1996
z�.
.h.
Mr. Manuel Gonzalez-Goenaga: I am Mt. Manuel Gonzalez-Goenaga. I am so much concerned
that when I finally sue the City of Miami, there wouldn't be any City where I could collect, my
friends, if this thing continues to deplete over and over. This issue is a judgment,
Commissioners, I'm sure you're aware.
Commissioner Carollo: Excuse me, excuse me, excuse me.
Mr. Gonzalez-Goenaga: In excess of the limit.
Commissioner Carollo: Excuse me, Mr. Goenaga. I think you just declared you've got a
conflict of interest.
Mr. Gonzalez-Goenaga: Pardon me?
Commissioner Carollo: I think you just declared that you have a conflict of interest.
Mr. Gonzalez-Goenaga: No, because I have not filed it yet. I have announced it.
Commissioner Carollo: Well, it's...
Mr. Gonzalez-Goenaga: And it's not even recorded yet.
Commissioner Carollo: It's close enough. Maybe we ought to get a legal opinion on that.
Mr. Gonzalez-Goenaga: My issue is, again, it says "without admission of liability," when a jury
awarded this lady in excess of the maximum of a hundred thousand dollars. So there must be
some real malice and negligence in order to get that judgment. Friends, Romans and
countrymen, I do not come to bury Cesar, just to praise him. Good night.
Commissioner Plummer: Yeah, don't bury him, because that's my job.
Vice Mayor Gort: OIL. One of the suggestions... I think, unfortunately, one of the things that
happens here, Quinn, since we bring all the bad news, I think maybe you should also give a
report.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, Commissioner, if I might make a
statement. Every case that we've won... In the last six months, we've had, I think, taken seven,
seven cases to trial. In each instance, after every trial - I don't care if the result is bad - I
immediately send each of you a memo as to the outcome.
Commissioner Carollo: That's true. That's true.
Mr. Jones: In dispelling what Mr. Cruz has said, you know, it may appear that we're settling,
settling, settling, and that's not the case. If you look at the report from last year, if you look at
the report that you should be getting tomorrow, you'll see that at least 60...
Mr. Cruz: Oh, you say tomorrow because...
r Mr. Jones: ... 60 percent of the cases... As I've said to you before, you know, you can't control
a situation where you've got bad facts in a case, you know. If you don't understand the concept
. of negligence, then you don't understand the fact of why we settle cases. It's a business
decision, you know. In this day and age, when you take a case to court, you don't know what a
jury is going to do. I mean, it's a flip of the coin. I've been saying for time and time again...
141 June 13,1996
t `
And you see the number of soft tissue injuries that we have. We had a soft tissue injury case just
two weeks ago, where the medical damages were minuscule, two thousand dollars ($2,000),
comparative negligence on both the plaintiff and the City. The jury came back for a seventy-five
thousand dollar ($75,000) award. That's the one you approved today, Terrell, seventy-eight
thousand dollars ($78,000). At most, the case is probably worth forty-five hundred dollars
($4,500). So if we have an opportunity where we look at a case and say, hey, we can save the
City money, yes. We'll litigate when we can. You know...
Vice Mayor Gort: Mr. Jones, what I'm saying is, the only... Only the bad news. We read your
reports, but I think every once in a while, you should bring your reports of all the good things
you all are doing to present it here, so people will see the good side, also. OK. There's a motion
and... No further discussion. 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.96-435
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
GLADYS FRIAS, PLAINTIFF, THE SUM OF $81,912.00 PURSUANT TO A JURY
VERDICT AND EXCESS JUDGMENT AUTHORIZED FOR PAYMENT BY THE
FLORIDA LEGISLATURE IN CLAIMS BILL 871, WITHOUT ANY ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL
JUDGMENT CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI IN THE
CIRCUIT COURT OF DADE COUNTY, FLORIDA, CASE NO. 92-04410 CA (12);
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-
INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 620103-
651.
(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:
None.
142
June 13,1996
NOTE FOR THE RECORD: At this point, agenda item 37 was
withdrawn.
----------------------------------------------------------------------------------------------------------------
54. AUTHORIZE FUNDING INCREASE ($40,000) FOR ALTERNATIVE
PROGRAMS, INC. -- ALLOCATE FUNDS FROM LAW ENFORCEMENT
TRUST FUND (LETF).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Thirty-eight. Proposed resolution on the Alternative Programs, Inc.
777
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-436
A RESOLUTION AUTHORIZING AN INCREASE IN THE FUNDING FOR THE
ALTERNATIVE PROGRAMS, INC., IN AN AMOUNT NOT TO EXCEED $40,000;
ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST
FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER
932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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: None.
---------
PL_
-----------------------------------------------------------------------------------------------
55. PROVE OPENING OF PORTION OF MARLER AVENUE BETWEEN
AZA STREET AND DOUGLAS ROAD.
' Commissioner Dawkins: Thirty-nine. This street is on the back side of or the west side of St.
Hugh Oaks. This street should be opened up so that the people in the St. Hugh property will
have a way to get through to Douglas. So I move that that street be opened now, and that we do
not give this property to anybody. That's my motion.
Commissioner Plummer: Well, can I inquire? I don't think 'it's a street.
Commissioner Dawkins: Say what?
Commissioner Plummer: A street is... You know, Commissioner, if you have... safety, I have no
problem with your motion. But as I recall, this is a dedicated alley which...
Commissioner Dawkins: It is not. It is a continuation of the street, J.L.; Marler is a street. It's
not an alley.
Commissioner Plummer: All right. What is the width of that street?
144
June 13, 1996
Commissioner Plummer: What is the width of that street?
Commissioner Dawkins: The width of the... The street runs... The street dead ends...
Commissioner Plummer: I know that. I know. I just don't know the... Is it 20 feet, 30 feet?
Mr. Jim Kay (Deputy Director, Public Works:) It's 25 feet wide.
Commissioner Plummer: All right. So now what he's making a motion - or what I understand
his motion to mean - is that you're going to go in there and you're going to pave it...
Commissioner Dawkins: Yes,
Commissioner Plummer: ... and you're going to make your markings on it. Is that... I'm asking
for clarification.
Commissioner Dawkins: That's what I mean, yes.
Mr. Kay: Well, to open that up to traffic that would...
Commissioner Plummer: That's what I'm understanding him to say. That's why I'm asking
questions.
Mr. Kay: The encroachments would come down, the trees and vegetation would have to come
down that are in the way, and we'd have to put in a pavement, a paved surface.
Commissioner Plummer: Here again, what are we talking about, cost factor? What he's saying,
I have no problem with. I want you to understand that. But to me, I don't want to sit here and
approve something that could be dangerous.
Commissioner Dawkins: Approve something that what, J.L.?
Commissioner Plummer: That could be dangerous.
Commissioner Dawkins: You see, any time... Now, as long as the houses there were not owned
by certain people, there was nothing wrong. Now, certain people own the lots, and you all want
to take the land, and put a fence up, and block people off.
Commissioner Plummer: No, no, not at...
Commissioner Dawkins: Yes, yes, yes. Yes, yes, yes. OK?
Commissioner Plummer: No, no, no.
Commissioner Dawkins: Yes, yes, yes, yes. It's a street, and it's there. Mere is the street right
s here. It's a street.
i Commissioner Plummer: I know it.
Commissioner Dawkins: Now, you want to say, because people are moving over here in St.
Hugh Oaks, let's put a wall, Chinese wall down the middle here.
145
June 13, 1996
Commissioner Plummer: Who said that, sir?
Commissioner Dawkins: That's what they're saying here.
Commissioner Plummer: No, not me.
Commissioner Dawkins: Well, that's what this means.
Commissioner Carollo: Gentlemen, why don't we leave this for another day? Let's move on.
Commissioner Dawkins: OK.
l
Commissioner Plummer: Joe, we've been going through this and deferring it for two years.
Commissioner Dawkins: That's right. And...
Commissioner Carollo: This here?
f' Commissioner Dawkins: Yes, yeah.
1 Commissioner Carollo: It's the first time I've seen it.
Commissioner Dawkins: Because this is the first time we've had the two votes to send it.
Commissioner Plummer: It's a no win.
Vice Mayor Gort: Why don't you go ahead and make a motion to defer so you can get an
opportunity to look at it?
Commissioner Dawkins: No. I make a motion to close... to open the street. Now, that's... You
all can do anything you want. Like J.L. said, this has been going on long enough.
Commissioner Plummer: You know, I want to second his motion, but I got to know the cost
factor.
Mr. Kay: You're talking about forty-five to fifty thousand dollars ($45,000 to $50,000).
Commissioner Plummer: Forty-five to fifty thousand ($45,000 to $50,000)?
Commissioner Carollo: What is the motion, Commissioner?
Mr. Kay: Yeah, fifty thousand dollars ($50,000).
Commissioner Dawkins: You know, but you... You got houses there you're trying to sell. You
didn't say anything about that when you said, let's give it this morning to a realtor to sell the
houses. You didn't think about it would cost anything to open the street. Now, all of a sudden,
you're going to sell the houses, you're concerned about a cost factor.
Vice Mayor Gort: Let me ask you a question. Do you think the people in St. Oaks will be able
to use that street; is that what you're saying?
Commissioner Dawkins: They have to, yes.
146 June 13,1996
Commissioner Dawkins: The motion is to open Marley Street so that the people who are moving
into St. Oaks, Joe, do not have to come out to... What's that?
Commissioner Plummer: To Douglas Road.
Commissioner Dawkins: Douglas Road. They can go...
Commissioner Plummer: Or Franklin.
Commissioner Dawkins: They can go through by the... The only place they can come in now is
the street where the grave yard is.
Commissioner Carollo: OK.
Commissioner Dawkins: But if we open this street up, then they can go through either end.
Commissioner Carollo: All right.
Vice Mayor Gort: OK. Motion and a second. Any further discussion? Being none, all in favor,
state so by saying "aye."
The Commission Collectively: Aye.
147 June 13, 1996
j.�
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-437
A RESOLUTION RESCINDING RESOLUTION NO. 94-820, ADOPTED
NOVEMBER 17, 1994, IN ITS ENTIRETY AND SUBSTITUTING IN LIEU
THEREOF THE HEREIN RESOLUTION DECLARING MARLER AVENUE
BETWEEN DOUGLAS ROAD AND PLAZA STREET, MIAMI, FLORIDA, TO BE
OPENED AS A PUBLIC STREET AND FOR INGRESS AND EGRESS TO THE
ADJACENT ST. HUGH OAKS DEVELOPMENT; DIRECTING THE
ADMINISTRATION TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT
SAID OPENING AND USE BY VEHICULAR TRAFFIC OF SUCH PORTION OF
MARLER AVENUE SUBJECT TO COMPLIANCE WITH CONSTRUCTION AND
ENGINEERING STANDARDS REQUIRED BY THE PUBLIC WORKS
DEPARTMENT; AND AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN
AMOUNT NOT TO EXCEED FIFTY THOUSAND ($50,000.00) DOLLARS TO
FACILITATE SAID ACTIONS.
(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: None.
----------- ---------- - --------------------------------------------------------------------------------------
56. AMEND RESOLUTION 95-761, WHICH AUTHORIZED MANAGER TO
EXECUTE PROFESSIONAL SERVICE AGREEMENTS WITH VARIOUS
. , PROFESSIONAL ARCHITECTURAL AND LANDSCAPE
ARCHITECTURAL FIRMS IN CONJUNCTION WITH CITY PROJECTS --
CHANGE TERMS FOR EACH AGREEMENT FROM ONE TO TWO YEARS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 40.
Commissioner Plummer: Move it.
Commissioner Dawkins: Second.
Commissioner Carollo: Excuse me. If I could just take a second, I'd like to acknowledge Mr.
De Yurre, Sr., is here. Out of courtesy to the former Commissioner, if there's any items, sir, that
you would like to address today here, we'll take it ahead of time for you, sir.
148
June 13, 1996
r
Is
A RESOLUTION AMENDING RESOLUTION NO. 95-761, ADOPTED OCTOBER
26, 1995, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE
;. PROFESSIONAL SERVICE AGREEMENTS BETWEEN THE CITY OF MIAMI AND
VARIOUS PROFESSIONAL ARCHITECTURAL AND LANDSCAPE
ARCHITECTURAL FIRMS IN CONJUNCTION WITH CITY OF MIAMI PROJECTS,
THEREBY CHANGING THE TERMS FOR EACH AGREEMENT FROM ONE YEAR
TO TWO YEARS.
(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
None.
None.
149
June 13,1996
-- ----------------------------------------------------------------------------
57. (A) ACCEPT BID: G.S. EQUIPMENT, INC. -- FOR FURNISHING OF
NEW 1996 WHEEL LOADER -- FOR PUBLIC WORKS DEPT. --
ALLOCATE FUNDS ($114,950 FROM CIP 341171).
(B) DIRECT ADMINISTRATION TO PROVIDE WRITTEN REPORT
FOR COMMISSION DETAILING NUMBER OF WHEEL LOADERS
CITY OWNS AND FREQUENCY OF USE -- ANALYZE
FEASIBILITY OF LEASING VERSUS BUYING -- COMMISSIONER
CAROLLO REQUESTED ADMINISTRATION TO SCHEDULE
WITH HIS OFFICE AN INSPECTION VISIT TO VIRGINIA KEY
BEACH FACILITIES TO DETERMINE FEASIBILITY OF USING
�r
644G 4WD LOADERS.
------------------------- -----------------------------------------------------------------------------------
Vice Ma or Gort: Forty-one. A resolution to...
Y Y-
Commissioner Plummer: Move it.
Commissioner Dawkins: What... I second it.
Vice Mayor Gort: 1996 wheel loader for Public Works.
Commissioner Dawkins: What is a wheel loader?
Mr. Wally Lee (Assistant City Manager): It's a front end loader, Commissioner.
Commissioner Dawkins: Oh, OK. Second. No problem.
Mr. Lee: It's a...
Commissioner Dawkins: No problem, no problem. Thank you.
Vice Mayor Gort: It's been moved and seconded. Any further discussion?
Commissioner Carollo: Wait a minute. We had another before, and now, we got another one. I
mean, can you...
Mr. Cesar Odio (City Manager): No, no.
Commissioner Dawkins: He pulled the other one.
Commissioner Carollo: Yeah, well, I know, but what I.,. All of a sudden, we're getting all these
front end loaders. What is this one going to be used for now?
Mr. Lee: Commissioner, presently, we have two front end loaders over ten years old. We use
them when we replace sidewalks to move the concrete and other material. They're worn out.
p Y
Mr. Stump p removal.
Mr. Lee: Stumps.
150
June 13, 1996
,t
1F
1
E
t
Commissioner Carollo: Wally, Wally, let me say this to you. We're not talking about peanuts
here. This is one for a hundred and fifteen thousand dollars ($115,000).
Mr. Lee: Yes, sir.
Commissioner Carollo: And I would like to take the opportunity to find out if we need this,
myself. I want to go out there and see what equipment we have.
Mr. Lee: I'll be glad to show you, Commissioner.
Commissioner Carollo: For instance, why can't we go in the market, if, indeed, we do need
more? Because this is getting to the point that it's ridiculous. The other one was a hundred and
sixty thousand dollars ($160,000). Now, this is a hundred and fifteen thousand dollars
($115,000). If we need them so bad... Especially, front end loaders are going to be getting
scratched up real bad, all over the place, and maybe if we do need some, let's go out and get
some used ones. See if these people have some used ones that, you know, we could get as much
mileage out of, but we don't have to spend as much money in.
r.�
r Commissioner Plummer: I'll modify m motion to accept it, subject to Commissioner Carollo...
E:. Y Y P J
Commissioner Carollo: What... What I'd like to do, Commissioner is...
Commissioner Plummer: ... Commissioner Carollo's looking at it. If he has an objection, bring
it back. If not, it's approved.
Commissioner Carollo: OK. Thank you.
j Mr. Lee: OK. Thank you.
Commissioner Carollo: Wally, get with me next week...
Mr. Lee: OK.
Commissioner Carollo: ... on this one and on the other one, so we could finally go to Virginia
Key and see the situation over there.
Mr. Lee: OK. I'm not familiar with Virginia Key, but I'll be glad to.
f;
i�
Commissioner Carollo: Well, get everybody that you have to get on that.
Mr. Lee: Yeah. OK.
Commissioner Carollo: And give me a list of how many front end loaders we own in the City.
Mr. Lee: OK, sir.
Vice Mayor Gort: That's a good point. Let me ask you a question on this. How often do we use
it, and if it's worth maybe renting, rather than owning, because a lot of our heavy equipment is
; being rented?
Commissioner Plummer: He said ten years.
t Vice Mayor Gort: OK. So do we defer that one? A motion to defer?
tie
.. ..
Commissioner Plummer: No. The motion is subject to approval of Commissioner Carollo. If he
objects, it comes back. If not, it's approved.
Vice Mayor Gort: Okie-doke. 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 Plummer, who moved its adoption:
RESOLUTION N0.96-439
A RESOLUTION ACCEPTING THE BID OF G.S. EQUIPMENT, INC., A DAVIE,
;.
FLORIDA, NON/MINORITY FIRM, FOR THE FURNISHING OF A NEW 1996
WHEEL LOADER, IN A TOTAL PROPOSED AMOUNT OF $114,950.00, FOR THE
DEPARTMENT OF PUBLIC WORKS; ALLOCATING FUNDS THEREFOR FROM
4:.
CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 319301-840,
PROJECT NO.341171; 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 Dawkins, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
152
June 13, 1996
j:
58. (A) CONFIRM RESOLUTION 96-358 -- ESTABLISH SPECIAL
ASSESSMENT DISTRICT, FOR ONE YEAR, KNOWN AS:
FLAGLER / CORE AREA SECURITY DISTRICT SPECIAL
IMPROVEMENT DISTRICT -- FOR PROVISION OF
PROMOTIONAL MARKETING AND RELATED SERVICES --
LEVY SPECIAL ASSESSMENTS.
(B) COMMISSIONER PLUMMER REQUESTED DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) TO PROVIDE COMMISSION
WITH COPY OF RESULTS OF VOTE TAKEN IN CONNECTION
€ WITH SPECIAL ASSESSMENT DISTRICT (FLAGLER / CORE
y
., AREA SECURITY DISTRICT).
- - ------ --------------------------------------------------------------------------------------------------
Vice Mayor Gort: OK. Forty-two. Flagler/Core Area Security District Special Improvement
District.
Ms. Patty Allen: OK. I'm Patty Allen. I'm director of the Downtown Development Authority,
and we are requesting this for an additional year. The property owners right now are undecided
whether they want it for security or for marketing, and they're going to have a meeting to decide.
There is a possibility, Commissioner, that they will use it for both.
Vice Mayor Gort: OK.
Commissioner Plummer: Has there been a vote taken on this?
Ms. Allen: To have the assessment?, yes. But...
}+ Commissioner Plummer: Of the people being assessed, there has been a vote?
l Ms. Allen: Yes, there has been, yes.
Commissioner Plummer: And do we know the results of that vote?
Ms. Allen: That they want the assessment.
Commissioner Plummer: But what was the vote? I'm sure it wasn't unanimous.
Farmer Commissioner Rosario Kennedy: Yes, Commissioner. For the record, Rosario
Kennedy, with offices at 2601 South Bayshore Drive, representing Roc Properties. Yes, there
has been a vote. The property owners want it. They want the extension for another year.
Vice Mayor Gort: But he wants the numbers. Fifty-two percent, 51 percent, 55 percent.
A. Quinn Jones, III, Esq. (City Attorney): It would have had to...
Y
Ms. Kennedy: It really doesn't matter, but let me ask Josie Correa, the executive director, if she
' has the numbers.
Mr. Jones: Yes, it does matter.
153
June 13, 1996
Commissioner Plummer: It has to be a majority. That's why I'm asking.
Ms. Kennedy: It is a majority, definitely, yes.
Ms. Allen: It is a majority.
Ms. Kennedy: I don't know whether it's 56 percent, or 72.
Commissioner Plummer: All right. I'm not going to hold everything up. Would you send me,
please, a copy of the vote taken, so I can see what... the results, and who was saying what. And
�- you can take that from the vote. I remember very distinctly, there was a big difference of
opinion in the downtown people. Some wanted security, some wanted to even do away with
DDA (Downtown Development Authority), and spend the money for security. There was one...
some wanted to do marketing, some wanted to do street improvements. All of this was... So
that's why I'm asking that I want to make sure that the vote taken was predicated on a certain
given question, and that the vote was unanimous... not unanimous, but 51 percent, at least.
Ms. Kennedy: We'll get that information to you.
Vice Mayor Gort: Thank you.
Mr. Mariano Cruz: Hello.
Vice Mayor Gort: Yes.
Mr. Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street, Miami, Florida. The reason... I
am not against... The only thing, I want just that the money they are going is coming from the
!
special district, yeah. Because, see, the other day... I am worried about the DDA, because I see
a lot of things. Like the other day, on the Miami Times, I saw there the advertisement for the
one-way loan of one point five million dollars ($1.5 million) that had to be paid by later on by
Community Development money. I don't know if you're aware of that, but I saw the ad. And
I
later on, I received a letter from Community Development. Because also, since I know that
i-.
many times, I told these other agencies to rent cheaply, to rent in other places. But maybe
they're contagious with the City of Miami about getting better headquarters. I think they're
moving from the Penthouse at 3030 Biscayne Boulevard. They're moving to the old CenTrust
Building, something like that. Gee, that's going to cost a lot more money there. But the only
thing I'm worried is they can't use... I am of the Community Development Advisory, and I
resent they go there to ask for money from poor people that we get because on account of the
poor people to... and they... we have... On that money, they get a loan, they should repay from
the money they get through business or whatever, or dues from the members, or taxes from the
special district, but not from the poor people of the neighborhood. That money should be at the
neighborhoods where it's supposed to be used.
1.
Vice Mayor Gort: OK. Yes, sir. I'll recognize you in a minute.
Ms. Annette Eisenberg: OK.
1
Vice Mayor Gort: This gentleman was waiting.
Ms. Annette Eisenberg: Annette Eisenberg, 1180 Northeast 86th Street, and a DDA board
member. Sir, the only people that could ask for money from Community Development is the
154 June 13, 1996
Community Development approved area. The money that was requested was for the Community
Development area. So if... they... If you're designated a CD area, then you are entitled to ask
for the money. And the money must be used to benefit the area that it's designated for. Other
than that, I won't qualify anything else.
Vice Mayor Gort: Thank you. Yes, sir.
Mr. Tim Keable: Yes. Good afternoon. I'm Tim Keable.
Commissioner Dawkins: Pull the mike up, sir.
Mr. Keable: Afternoon. I'm Tim Keable. I've worked... I'm the property manager of the First
Union Financial Center. I represent Aetna Life Insurance Company. I'd just like to confirm that
k.• . there is, indeed, continued concern and disagreement among the Special Assessment District
owners as to just how the money should be spent. As an office building, we had serious
concerns about the nature of the expenditures being spent, whether they benefited. And
regardless of the absolute vote, in terms of numbers, it was determined a year or so ago that
some of the major office buildings contribute a far greater percentage of the tax than they did
represent in sheer voting numbers. As a member of this unofficial committee or whatever, but
. , nonetheless, we still have very serious concerns about how that money is to be spent. And I
don't know that there's any agreement at this point amongst all of the property owners. And I do
welcome, Commissioner Plummer, the opportunity to, you know, come back to you as a more
unified group, before we decide on this issue.
Vice Mayor Gort: My understanding is they're supposed to go back to you with a plan, and you,
the people that pay for that tax, would decide how to use those funds. And that's the way it was
supposed to go.
Mr. Keable: I think that's correct.
Vice Mayor Gort: That's the way it's got to go.
Mr. Keable: Yeah, mm-hmm, yeah.
Vice Mayor Gort: Yes, sir.
Mr. Keable: OK. Thank you.
is
Commissioner Dawkins: But is that on...
Vice Mayor Gort: Any further discussion?
Commissioner Dawkins:... on the rental of a building? Or what is...
Unidentified Speaker: Yeah. Willy...
Commissioner Dawkins: What are we voting on?
Vice Mayor Gort: We are voting on...
I. Commissioner Plummer: On 42.
Vice Mayor Gort: ... on continuing the assessment, the Special Assessment District. Then they
got to come back to us with a specific plan approved by all... the majority of the property owners
that pay that tax.
155
June 13, 1996
Vice Mayor Gort: No. They got to come back to us. They got to go first to the property owners
with their plan. The property owners have got to approve that plan. That plan has got to come to
us, then we approve it.
Commissioner Plummer: Us, the City Commission.
`._ Vice Mayor Gort: We, the City Commission, yes.
Commissioner Plummer: OK.
Mr. Keable: I just wanted to make sure. As the property owner of the office building that the
RDA's offices are going... This is not in any way, shape or form related to that, as far as I'm
concerned.
Vice Mayor Gort: Right.
Mr. Keable: This is strictly about the special assessment.
Vice Mayor Gort: We understand.
Commissioner Carollo: Commissioner.
i
I Vice Mayor Gort: Yes.
Commissioner Carollo: You're the chairman of the DDA. I just want to get your
t
recommendation on that, as our representative from the Commission there.
�.'. Vice Mayor Gort: Well, my statement has always been that this plan, whatever plan is accepted
by the majority of the property owners, is what has got to be enforced. And this is what I've
been telling the people running the Special Assessment District. You have to make sure that you
have the majority of the property owners in accordance with the plan, and you have to follow
that plan.
Commissioner Carollo: OK. So you're recommending that we vote for this.
Vice Mayor Gort: I'm recommending it, yes, sir.
Commissioner Carollo: I'll vote for it.
Vice Mayor Gort: OK. Any further discussion?
r
t . Commissioner Carollo: I move it.
E
Vice Mayor Gort: All in favor, state so by saying "aye.°
156
June 13, 1996
R
The Commission Collectively: Aye.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-44Q
A RESOLUTION CONFIRMING RESOLUTION NO. 96-358, ADOPTED MAY 23,
1996, AND ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR A PERIOD
OF ONE (1) YEAR KNOWN AS THE FLAGLER/CORE AREA SECURITY
DISTRICT SPECIAL IMPROVEMENT DISTRICT FOR THE PROVISION OF
PROMOTIONAL, MARKETING AND RELATED SERVICES; FURTHER, LEVYING
SPECIAL ASSESSMENTS AGAINST PROPERTIES IN SAID DISTRICT
F BENEFITED THROUGH THE PROVISION OF SUCH SERVICES IN
ACCORDANCE WITH THE FINAL ASSESSMENT FILED WITH THE CITY
i,.
CLERK.
(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:
NAYS:
ABSENT:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
I
----------------------------------------------------------------------------------------------------------------
59. ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR ISSUANCE
OF PARK PERMITS FOR USE OF AREA IN OLD PORTION OF VIRGINIA
KEY BEACH:
(A) BY BANNERMAN BROTHERS / SUNNY BOY RECORDS, INC. FOR SPECIAL
j EVENT (JUNE 16, 1996).
l (B) BY 54 STREET PRODUCTION, INC. FOR SPECIAL EVENT (JULY 4, 1996).
Vice Mayor Gort: OK. That takes care of the regular agenda. We're going to pocket items
now.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner...
Commissioner Carollo: All right.
Vice Mayor Gort: Yes, sir.
Mr. Jones: Mr. City Mayor, could I just... Well, I'll wait until you finish. I'm sorry.
Vice Mayor Gort: OK.
157 June 13,1996
I
f ,'
Commissioner Plummer: Mr. Vice Mayor, as I say, a great number of these are from the City
Manager. Let me start, if I may. A resolution establishing special charges, terms and conditions
here as specified for issuance of required permits for use of area in the old portion of the Virginia
Key Beach by Bannerman Brothers, Sunny Boy Records, Inc., and 54th Street Productions, for
two special events to be held on June 16, 1996, July 4, 1996, respectively; authorizing the City
Manager to direct the Parks and Recreation Department director to issue the necessary permits in
a'form acceptable to the City Attorney, in compliance with all applicable City Charter and Code
provisions for this purpose. I so move.
Commissioner Dawkins: Second.
Vice Mayor Gort: Moved and 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.96-441
A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND
CONDITIONS, AS SET FORTH HEREIN, FOR ISSUANCE OF A PARK PERMIT TO
BANNERMAN BROTHERS/SUNNY BOY RECORDS, INC. FOR USE OF AN AREA
IN THE OLD PORTION OF VIRGINIA KEY BEACH FOR A SPECIAL EVENT TO
BE HELD ON JUNE 16, 1996; AUTHORIZING THE CITY MANAGER TO DIRECT
THE DIRECTOR OF THE DEPARTMENT OF PARKS AND RECREATION TO
ISSUE THE NECESSARY PERMIT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
i. Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wiftedo Gort
None.
None.
158
June 13, 1996
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------
60. AUTHORIZE PLACEMENT OF BANNERS - ADVERTISING SOUTH
FLORIDA 1996 OLYMPIC SOCCER EVENT TO BE CONDUCTED BY THE
SOUTH FLORIDA SOCCER ORGANIZING COMMITTEE FOR 1996 --
WAIVE BANNER PERMIT FEES, WITH CONDITIONS.
-----------------
Commissioner Plummer: A resolution relating to the South Florida 1996 Olympic Soccer event
tote conducted by the South Florida Soccer Organization Committee for 1996; authorizing the
placement of banners advertising the activities of said event along the public rights -of --way
' throughout the City, waiving all banner permit fees, as permitted by the Code of the City of
Miami, Florida, as amended, for those banners solely advertising said event without any
commercial display of any kind, conditioning said authorization and waiver upon the following:
(1) Said waiver provision shall not apply with respect to any banners containing any commercial
display, (2) The City of Miami shall be recognized as a sponsor of the said event, (3) The
organizers shall indemnify and hold the City harmless, in a form acceptable to the City Attorney
.` from any liability arising from the herein authorization and waiver, (4) The organizer shall
obtain insurance acceptable to the Risk Management Division of the City of Miami naming the
City as an additional insured in an amount not less than one million dollars, (5) The organizer
shall comply with all conditions and limitations as may be prescribed by the City Manager or his
designee. I so move.
Commissioner Dawkins: Second.
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: Unanimous.
159
June 13, 1996
W,
N
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-442
A RESOLUTION RELATED TO THE SOUTH FLORIDA 1996 OLYMPIC SOCCER
EVENT TO BE CONDUCTED BY THE SOUTH FLORIDA SOCCER ORGANIZING
COMMITTEE FOR 1996; AUTHORIZING THE PLACEMENT OF BANNERS
ADVERTISING THE ACTIVITIES OF SAID EVENT ALONG THE PUBLIC
RIGHTS -OF -WAY THROUGHOUT THE CITY; WAIVING ALL BANNER PERMIT
FEES AS PERMITTED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, FOR THOSE BANNERS SOLELY ADVERTISING SAID EVENT,
WITHOUT ANY COMMERCIAL DISPLAY OF ANY KIND; CONDITIONING SAID
AUTHORIZATION AND WAIVER UPON THE FOLLOWING: (1) SAID WAIVER
PROVISION SHALL NOT APPLY WITH RESPECT TO ANY BANNERS
CONTAINING ANY COMMERCIAL DISPLAY; (2) THE CITY OF MIAMI SHALL
BE RECOGNIZED AS A SPONSOR OF SAID EVENT; (3) THE ORGANIZERS
SHALL INDEMNIFY AND HOLD THE CITY HARMLESS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FROM ANY LIABILITY ARISING
FROM THE HEREIN AUTHORIZATION AND WAIVER; (4) THE ORGANIZERS
SHALL OBTAIN INSURANCE ACCEPTABLE TO THE RISK MANAGEMENT
DIVISION OF THE CITY, NAMING THE CITY AS AN ADDITIONAL INSURED, IN
AN AMOUNT NOT LESS THAN $1,000,000; AND (5) THE ORGANIZERS SHALL
COMPLY 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:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
----------------
61. WAIVE FEES RELATED TO PROFESSIONAL WRESTLING MATCH
CONDUCTED BY THE MIAMI BOYS AND GIRLS CLUBS, INC., TO BE
HELD AT COCONUT GROVE CONVENTION CENTER (JULY 1, 1996),
WITH CONDITIONS.
Commissioner Plummer: A resolution related to the professional wrestling match conducted by
the Miami Boys and Girls Club, Inc. to be held at the Coconut Grove Convention Center on July
1, 1996, waiving all waivable fees as permitted by the Code of the City of Miami, Florida, as
amended, and not to exceed eight thousand ($8,000); condition of said waiver is upon the
160
June 13,1996
t)
organizer paying all other necessary costs to the 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 complying with all the conditions and limitations as may be
prescribed by the City Manager or his designee. I so move.
Commissioner Dawkins: Second. Under discussion.
Commissioner Plummer: Under discussion.
Commissioner Dawkins. Are we waiving the seat charge?
Commissioner Plummer: No, sir. As to my understanding, no.
Commissioner Dawkins: OK. I just heard you say "waive fees." I didn't hear you eliminate
any.
Commissioner Plummer: Well, as prescribed bylaw, Commissioner.
Commissioner Dawkins: OK. Thank you.
Commissioner Plummer: OK.
Vice Mayor Gort: OK. It's been moved and seconded.
Commissioner Dawkins: Yes.
Vice Mayor Gort: 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 Plummer, who moved its adoption:
RESOLUTION NO.96-443
A RESOLUTION RELATED TO THE PROFESSIONAL WRESTLING MATCH
CONDUCTED BY THE MIAMI BOYS AND GIRLS CLUBS, INC., TO BE HELD AT
THE COCONUT GROVE CONVENTION CENTER ON JULY 1ST, 1996; WAIVING
ALL WAIVABLE FEES AS PERMITTED BY THE CODE FOR THE CITY OF
MIAMI, FLORIDA, AS AMENDED, IN AN AMOUNT NOT TO EXCEED $8,000;
CONDITIONING SAID WAIVER(S) 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.
161
June 13,1996
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: None.
f
--- --------------------------------------------------------------------------------
62. DISCUSSION CONCERNING NOMINATION OF COMMISSIONER
PLUMMER AS CITY'S DELEGATE TO FLORIDA LEAGUE OF CITIES.
(See label 70)
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The only other one that I have, Commissioner, you have, that I asked
you to bring up in reference to my designation as the...
Vice Mayor Gort: Well, that one, I'll have to handle it myself, and I'll see if the Commission
wants to do it.
Commissioner Dawkins: That's right. We don't want it.
Commissioner Plummer: Thank you.
Commissioner Carollo: What is that?
Vice Mayor Gort: Something... Nominating him for something.
Commissioner Carollo: How many votes you need for that?
Commissioner Dawkins: J.L., how many votes you need for this?
Commissioner Plummer: How many what?
Commissioner Dawkins: How many votes do you need to pass that?
Commissioner Plummer: Fourteen.
E Commissioner Dawkins: You got 12 in your hand.
Vice Mayor Gort: Commissioner Dawkins.
Commissioner Dawkins: Yes.
162
June 13,1996
Commissioner Carollo: Let's make sure we're not included in that list of 12, OK?
63. CLARIFY MOTION 96-193.1 -- REALLOCATE $100,000 TO OVERTOWN
FOR CODE COMPLIANCE.
------------------------------------------------------------------------------------
----------------------------
Commissioner Dawkins: OK. I have two. I have one pocket item of my own, and I have one to
discuss that I have a problem with. At the last meeting, we passed a motion to take the money
allocated for Code compliance and facade in Overtown, and in the minutes, I said make it
available for Code Enforcement. I'd like to change that, Mr. Clerk, to read "Code compliance in
that area" and not enforcement. I so move.
Commissioner Plummer: Second.
Vice Mayor Gort: OK. Any further discussion? Being none, all in favor, state so by saying
11aye.11
The Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.96-444
A RESOLUTION AUTHORIZING THE REALLOCATION OF ONE HUNDRED
THOUSAND DOLLARS ($100,000) FROM COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS, (PROJECT NO. 705605), TO THE COMMERCIAL CODE
COMPLIANCE PROGRAM (PROJECT NO. 799613) FOR THE PURPOSE OF
REHABILITATING BUSINESSES IN THE OVERTOWN AREA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
163
June 13,1996
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
_ _ __
64. (A) RECOMMEND THAT DAWKINS AND _ . __
CAROLLO GO TO WASHINGTON, D.C. TO TALK TO MR. HENRY
CISNEROS, SECRETARY OF HUD, TO TRY TO OBTAIN
FUNDING FOR REPAIRS TO THE MUSA ISLE BUILDING FOR
j SENIOR CITIZENS (2501 N.W. 16 STREET ROAD) TO COMPLY
WITH CODE REQUIREMENTS.
(B) DIRECT ADMINISTRATION TO FIND OUT WHO IS
RESPONSIBLE IN THE COUNTY FOR DRAFTING PROPOSED
LANGUAGE THAT WOULD MAKE COUNTY INSPECTORS,
RATHER THAN CITY INSPECTORS, ULTIMATELY
RESPONSIBLE FOR NEEDED REPAIRS TO MUSA ISLE
BUILDING.
Commissioner Dawkins: My fellow Commissioners, I have a memo here from the County
{ Manager to the City Manager, asking that the City of Miami allow the County to expedite
permitting and inspection process of facility repairs, and that according to this, that the City of
Miami just give away its rights to inspect properties in the City of Miami to the County. Now,
we've given away enough to the County. OK? And I just don't see the City of Miami, having
} our own Planning Department, our own inspectors... And here, it says that recent inspections
made by our inspectors confirm that the building needed repairs. And now, they want us to say
to them, "You do not have to adhere to this." You can go ahead and inspect it, and do it yourself.
And I... If this is to be voted on, I'll be voting no. But I would say I'm not in favor of doing
this.
Vice Mayor Gort: Commissioner, if I may. The building they're talking about is Musa Isle,
which is a building that's had a lot of problems. And I understand what you're saying, and I
agree with you 100 percent, but I think what we need to do here, because we've got a lot of
senior citizens that live within this one building, let's try to maybe assign one of our inspectors
to work with them, so we can expedite the permit.
Commissioner Dawkins: Whatever has to be done, I do not need the County inspecting my
t; buildings, telling me whether it's right or wrong. I don't need that. The County already wants
us, J.L.... I mean the CRA (Community Redevelopment Agency). The County wants us to give
them the permission to do all of the permitting and inspections for the Performing Arts Theater.
l Now, what are we here for?
Commissioner Plummer: We said no.
164
June 13,1996
1 Commissioner Dawkins: I know. And that's what...
Commissioner Carollo: But what happened though... Let's go into the history of this. It was the
County that said that they had to bring the bull dozers and tear this building down, because the
building could not be repaired, it was too costly to repair, until we had Commissioner Reboredo
that went there - he's an architect - and he said, "Wait a minute, something is wrong here." He
brought in some additional architects and other people, and they found out that it would be
repaired for much, much less than what the County staffers were telling them. So having said
that, you know, Commissioner Dawkins is not that far off. The sad thing about this whole thing
is that out of some 200 plus senior citizens that were living there, there's only like 50 plus left.
All the others were made to move out.
j
Commissioner Plummer: But it's their responsibility, isn't it?
Mr. Cesar Odio (City Manager): We are giving them...
f
Commissioner Plummer: Is it under HUD (Department of Housing and Urban Development)?
Commissioner Carollo: And the hardship and suffering that it's caused those people has been
tremendous.
Commissioner Plummer: Huh?
Mr. Odio: (Inaudible.)
Commissioner Plummer: Well, why are we worried about it?
Mr. Odio: (Inaudible, speaking off mike.)
Commissioner Carollo: And I, for one, would like to find out from the County...
Commissioner Plummer: Just let them apply for a permit.
Commissioner Carollo: ... why this ever happened, who is responsible for this, who were the
people that were behind this?
Mr. Odio: Those are our questions.
Commissioner Dawkins: I would like to go a little step further with Commissioner Carollo. The
County has gotten millions of dollars from HUD, renovating housing. Now, I'm prepared to go
with Commissioner Carollo to Washington. See Cisneros. Tell him... we take pictures of this
building and tell him this is an urgency, and that we want the County to provide the money. If
they can't do it, the City will get... We got enough contractors in the City of Miami who need to
work, and bring this building up to code, and give these seniors decent housing, if that's the will
of this Commission.
i>r Commissioner Plummer: Well, what do you want to do? Somebody make a motion.
Commissioner Dawkins: I move that somebody go to Washington and talk with Cisneros, and
see if we can't get the money to bring this facility up so that those 200 seniors who are out will
have some to stay, Commissioner.
k"
Vice Mayor Gort: Commissioner, my understanding is the funds are there, and they can be
" fixed. What they want to do is expedite the permitting so they can go at it.
165
June 13, 1996
Commissioner Dawkins: Well, then, give us the money, if they can't do it, and I will get my
inspectors and get it done. I do not need to have them telling me that they need to inspect the
City of Miami's property. They would not let... They wouldn't dare permit me to go... Arthur
Teele and nobody else over there would not permit me to come over there and tell them, "I'm
going to inspect this building for you." They wouldn't do that. They'd tell me I'm out of my...
"You're out of your mind, Miller Dawkins."
Commissioner Plummer: Well, you better ask, Commissioner. I think in the interlocal
agreement, with the expansion to the port, are they taking the City's rights away, or are we going
to have the right to do the permitting and the inspections, as we always have? So let's...
Commissioner Dawkins: Well, then, that's... OK. I voted against that so... OK?
Commissioner Plummer: Let's get it on the record, now.
Commissioner Dawkins: Yeah, but there votes voted for it up here.
Vice Mayor Gort: J.L....
Commissioner Plummer: No, no. Let's ask if it's still in there.
Mr. Odio: I don't know. I have to look at that. But we haven't concluded the...
Commissioner Carollo: Yeah. It's not concluded yet. Furthermore, we're talking about a whole
different matter there, that this is property that we have leased to them, so we're getting to a
whole different area there. But...
Commissioner Plummer: Well, Joe, it's still in the City.
Commissioner Carollo: Well, J.L., we're not... You know, we're mixing, you know, apples to
oranges in this, not apples to apples or oranges to oranges, and let's deal with this, and when we
deal with the other matter, we'll deal with it when it comes back to us.
Vice Mayor Gort: Commissioner Dawkins, let me give you a suggestion. Why don't you make
a motion that our inspectors work very closely with them so we can expedite...
Commissioner Plummer: That's fine.
Vice Mayor Gort: ... and find someone to work on this building, and expedite the permitting.
Commissioner Dawkins: I'll make... I'll accept that amendment to my motion... to the motion if
it is put in writing that my inspector has the last say-so, that the County cannot overrule anything
that's said by my inspector.
Commissioner Carollo: I think it's a good motion, and I second that motion.
Commissioner Plummer: Yeah.
Vice Mayor Gort: OK. It's been moved and seconded. Is there any further discussion on this
f
motion? Being none, all in favor, state so by saying "aye."
The Commission Collectively: Aye.
166 June 13,1996
Vice Mayor Gort: Approved.
Commissioner Dawkins: Thank you.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.96-445
A MOTION RECOMMENDING THAT COMMISSIONERS DAWKINS AND
CAROLLO GO TO WASHINGTON, D.C. TO TALK TO MR. HENRY CISNEROS,
SECRETARY OF HUD, TO TRY TO OBTAIN FUNDING TO PERFORM
NECESSARY REPAIRS OF THE MUSA ISLE BUILDING FOR SENIOR CITIZENS
LOCATED AT 2501 N.W. 16 STREET ROAD IN ORDER TO COMPLY WITH
CODE REQUIREMENTS.
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: None.
Vice Mayor Gort: Any others?
Commissioner Dawkins: Thank you, no, no.
----------------------------------------------------------------------------------------------------------------
65. AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT WITH
STATE OF FLORIDA DEPT. OF LABOR AND EMPLOYMENT
I SECURITY -- FOR USE OF SPACE IN CITY -OWNED BUILDING (1390
N.W. 7 STREET) -- AS OFFICE SPACE FOR STATE'S DIVISION OF JOBS
? AND BENEFITS -- MONTHLY RENT: $1,249.25.
--------------------------------------------- ------------------------------------------------------------------
Vice Mayor Gort: Commissioner Carollo.
Commissioner Carollo: Yes, I do. I have three, I believe. One is a motion that's been requested
by the State of Florida. It's a resolution with attachments, which you all have copies,
authorizing the City Manager to execute a lease agreement in substantially the attached form
with the State of Florida Department of Labor and Employment Security (State) for the use of
approximately 2,000 plus square feet of space in the second floor of the City -owned building
located at 1390 Northwest 7th Street as office space for the State's Division of Jobs and
Benefits; said lease agreement to be at a monthly rent of one thousand, two hundred and forty-
nine dollars, and twenty-five cents ($1,249.25), and with all the terms and conditions as set forth
j, in said lease agreement.
Commissioner Plummer: That's on a month -to -month, right?
167
June 13, 1996
i
Commissioner Carollo: Yes, it is. It's on a month -to -month.
Vice Mayor Gort: OK. So there's a...
Mr. Cesar Odio(City Manager): Thirty -day review.
Commissioner Dawkins: Second.
Commissioner Plummer: Second the...
Vice Mayor Gort: It's been moved and seconded. Any further discussion? Being none, all in
f 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.96-446
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF LABOR AND
EMPLOYMENT SECURITY ("STATE") FOR THE USE OF APPROXIMATELY
2,414 SQUARE FEET OF SPACE ON THE SECOND FLOOR OF THE CITY -
OWNED BUILDING LOCATED AT 1390 N.W. 7 STREET, MIAMI, FLORIDA, AS
OFFICE SPACE FOR THE STATE'S DIVISION OF JOBS AND BENEFITS, SAID
LEASE AGREEMENT TO BE AT A MONTHLY RENT OF $1,249.25, SUBJECT TO
TERMS AND CONDITIONS AS SPECIFIED IN THE LEASE AGREEMENT.
(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:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
168
June 13, 1996
r
N
66. AUTHORIZE MANAGER TO ALLOCATE $25,000 TO VARIOUS CITY
DEPARTMENTS TO SUPPORT 1996 YOUTH WORLD SERIES TO BE
HELD AT BOBBY MADURO STADIUM (AUGUST 1996).
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: The next pocket item is a resolution authorizing the City Manager to
allocate an amount not to exceed twenty-five thousand dollars ($25,000) for the Special
Programs and Accounts budget to various City departments, in order to support the 1996 Youth
World Series, which will be held at Bobby Maduro Stadium in August of 1996.
i.
Commissioner Dawkins: Second.
Vice Mayor Gort: It's been moved and seconded. Is there 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 Carollo, who moved its adoption:
RESOLUTION NO.96-447
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $25,000 FROM
SPECIAL PROGRAMS AND ACCOUNTS TO SUPPORT THE 1996 YOUTH
WORLD SERIES TO BE HELD AT THE BOBBY MADURO MIAMI STADIUM IN
AUGUST, 1996.
i (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:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
169
June 13, 1996
E
.................................................... -...........................................................
67. AUTHORIZE MANAGER TO ISSUE REVOCABLE LICENSE TO 20TH
CENTURY FOX -- FOR USE OF VARIOUS CITY -OWNED PROPERTIES
FOR COMMERCIAL FILMING PURPOSES.
Commissioner Carollo: And last, but not least, is a resolution authorizing the City Manager to
issue a revocable license to 20th Century Fox for the use of various City -owned properties for
commercial filming purposes, establishing a fair return to the City for such commercial use;
further conditioning said authorization upon the motion picture company compensating the
tenants of one of the properties for economic losses resulting from disruption and/or total
interruption of their business during the filming, and subject to certain conditions as herein
specified. One of the amendments that we have here in this motion is that we will replace the
use of the FEC (Florida East Coast) site with the use of Virginia Key Beach site, concurrent with
the beach restoration. The Virginia Key site would be one thousand dollars ($1,000) a month;
four thousand, five hundred ($4,500) for the Dinner Key site; and three thousand dollars ($3,000)
a month for the Virrick Gym site, for a total of eight thousand, five hundred dollars ($8,500).
Commissioner Dawkins: Second.
Commissioner Carollo: Per month.
Vice Mayor Gort: It's been moved and seconded. Is there any further discussion?
Commissioner Plummer: OK. I... I have not seen... I'm very much in favor of the movie
industry. I think it's a great industry, it's a clean industry, but I have not seen the particulars. I
would ask that the motion be subject to 72 hours, to let them provide me with all the backup...
Commissioner Carollo: That's fine, Commissioner, no problem.
Commissioner Plummer: ... all the backup material, because I'd like to go through it. And if I
have no problem, it's approved.
Commissioner Carollo: That's fine. I will take that amendment to the motion.
Vice Mayor Gort: OK. I'd like to make a statement. That industry is one that is clean, and it
brings a lot of money to this community. My understanding is, it's going to bring people not
only from the outside that have to use our hotels and restaurants in here, but at the same time,
they'll be providing jobs for a lot of the local people in the industry.
Commissioner Plummer: Yep.
Vice ayeMayor Gort: OK. Any further discussion? Being none, all in favor, state so by saying
The Commission Collectively: Aye.
Vice Mayor Gort: OK.
170
June 13, 1996
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO.96-448
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REVOCABLE LICENSE TO 20TH CENTURY FOX FOR THE USE OF VARIOUS
CITY -OWNED PROPERTIES FOR COMMERCIAL FILMING PURPOSES;
ESTABLISHING A FAIR RETURN TO THE CITY FOR SUCH COMMERCIAL USE;
FURTHER CONDITIONING SAID AUTHORIZATION UPON THE MOTION
PICTURE COMPANY COMPENSATING THE TENANTS OF ONE OF THE
PROPERTIES FOR ECONOMIC LOSSES RESULTING FORM DISRUPTION
AND/OR TOTAL INTERRUPTION OF THEIR BUSINESS DURING THE FILMING,
AND FURTHER SUBJECT TO CERTAIN CONDITIONS AS HEREIN SPECIFIED.
(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:
NAYS:
ABSENT:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
----------------------------------------------------------------------------------------------------------------
r 68. (A) AUTHORIZE MANAGER TO NEGOTIATE WITH STATE OF
FLORIDA TO PROVIDE 7.5% COMPENSATION IN CONNECTION
WITH PARROT JUNGLE BOTANICAL GARDENS ON WATSON
_. ISLAND.
(B) DIRECT ADMINISTRATION TO ADVERTISE A MEETING IN
CONNECTION WITH PROPOSED PARROT JUNGLE BOTANICAL
GARDENS ON WATSON ISLAND WITH STATE OF FLORIDA
CABINET (JUNE 25, 1996, IN TALLAHASSEE).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Are there any other pocket items?
Commissioner Plummer: Mr. Vice Mayor, I have...
Vice Mayor Gort: I got two, so may I...
Commissioner Plummer: Sure.
171
June 13, 1996
Commissioner Dawkins: J.L., you keep pulling them out of your hat.
Vice Mayor Gort: J.L., go ahead. What do you want?
Mr. Cesar Odio (City Manager): We have to... This is important.
Commissioner Plummer: We have to do... This is important. It's very important, and let me...
Mr. Odio: I can read it...
Commissioner Plummer: No, I'll read. I can readjust as well...
Mr. Odio: (INAUDIBLE COMMENT SPEAKING OFF MIKE.)
Commissioner Plummer: OK. This is in relation to the Parrot Jungle. Now, we have gone back
and forth, back and forth with these people up there. And I guess most people are aware, first,
and foremost, of course, in the referendum, this was approved by the voters to proceed with this
y project. The State of Florida, through the Cabinet and the Land Trust, hold a waiver or approval
for any improvements made to Watson Island, i.e., the Parrot Jungle. They have come back this
particular time and said that they feel that they are entitled to revenue. I want to remind...
Commissioner Dawkins: "They" being the State of Florida.
Commissioner Plummer: "They," the State of Florida.
Commissioner Carollo: That's correct.
Commissioner Dawkins: Thank you.
Commissioner Plummer: I want to remind you that when we went there before, that there was
established a fund predicated on revenue derived from Bayside, and as I recall, that was 7.4?
Mr. Jack Luft (Director, CPR Dept.): Seven point four initially, but if acquisition of a site began,
it would jump to 17.4.
Commissioner Plummer: To 17. That's where I got that number from. Now... And they gave
us a waiver at that time. Jack Luft and his staff, and myself and others have made continuous
trips to try to get this matter before the cabinet. The staff of the cabinet has the right to pull an
item if they're not completely satisfied with it. It now resolves itself back over to, how much are
they wanting to get from the City of Miami's revenue from the Parrot Jungle. We feel, in
everything that we've done, we started at one percent, they started at 50. It's gone back and
forth. It has been pulled off of five - five - different agendas. The Manager, Jack Luft, the
Board, and everyone feel that this is the offer of the City, and it will be this following offer. The
revenue will come from three sources. Seven percent of the ticket sales; three percent of food,
banquet, and beverage; four percent from retail sales, or the bottom line would be 15 percent, or
350, whichever number is greater. Now, I think that this is the offer that needs to be proffered.
Let me just say to you that the other day, we tried five percent, and the dirty devils hung up on
us. I mean, they wouldn't even talk. So I'm saying that we need to proceed. We need to get this
in front of the cabinet, and this is where we are. Now, if any Commissioner feels that he can do
better, we are scheduled for the 27th now, and we have to go to Tallahassee on two different
occasions before...
Mr. Luft: On the 18th.
172 June 13, 1996
Commissioner Plummer: The 18th for the meeting with the staff, and as most of you are much
aware, once it's ironed out at staff level, it's pretty much a rubber stamp at the cabinet. I have to
give you my personal opinion for whatever it's worth. I don't think you're going to do any
better.. But if anybody has any ideas that they want us to pursue, we'll be happy to do it. We
worked with out lobbyist in Tallahassee, and this is where we come down on it at this particular
point.
Vice Mayor Gort: J.L., are you making a motion?
Commissioner Plummer: I will tell you. A resolution authorizing the City Manager to finalize
negotiations and execute an agreement in a form acceptable to the City Attorney with the State
of Florida Board of Trustees and the Internal Improvement Trust for consideration of a release of
the deed restriction on Watson Island, necessary to allow the proposed development of a
( botanical garden attraction under a proposed lease to Parrot Jungle and Gardens, Inc., providing
for compensation to the State of not more than 15 percent of certain revenues to be calculated
according to the formula specified, which I have read to you.
Vice Mayor Gort: OK. There's a motion. Is there a second?
Commissioner Plummer: I'm at wit's end.
Vice Mayor Gort: Is there a second?
Commissioner Dawkins: No.
Vice Mayor Gort: For the sake of discussion, I'll second it. Commissioner Dawkins.
Commissioner Dawkins: Any further discussion? Hearing none, call the roll, Mr. Clerk.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR GORT, THE PENDING ITEM FAILED BY THE
FOLLOWING VOTE:
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
None.
Commissioner Carollo: Now, let me explain my "no" vote. There is no doubt in my mind that
my colleague and staff that went up to Tallahassee did the very best job they could. But I find it
so arrogant, what I've heard that our colleague stated in the way we were treated by staff up
there. Can you imagine that we would have staff that's paid by taxpayers that would be so
arrogant as to hang up the phone on any City of Miami Administrator that's only trying to do
what's right and protect our interest? Well, maybe 15 percent sounds like it's a great deal. It's
really not. Because the State of Florida really shouldn't have any right to any of those monies.
And maybe all that staff up there think they're high and mighty, because they're in Tallahassee,
i and they're not within arm's range of us down here, but the people that made the final decisions
on this are the cabinet members that are elected by us.
Commissioner Plummer: Can't get it there.
173
June 13,1996
Commissioner Carollo: And the City of Miami is the number one City in this State. The
Governor, the Lieutenant Governor, the Attorney General, the Secretary of State, and so on, are
the ones that make the final decision. Now, if we cannot find a lobbyist that can penetrate that
bureaucracy up there of staff so that we can talk directly to the elected officials that we elect
here.
Commissioner Plummer: We have.
Commissioner Carollo: I think that we need to speak to those elected officials, themselves, and
if they're holding a gun to our heads down here, then maybe some of us need to make some
decisions for the future as to whom we will support in future Statewide races. Because frankly,
this is only one example that we have here now. We're going to have many others. It's going to
cost the City of Miami millions of dollars in revenues that we need very badly.
Commissioner Plummer: Joe, let me...
Vice Mayor Gort: Thank you, Joe. Wait a minute. Commissioner Dawkins.
Commissioner Dawkins: Commissioner Carollo took my motion, half of it. I was going to make
a -motion that, although I am dissatisfied with what's happening, my motion is that when
Commissioner Plummer goes back up there, that he take with him or go with our legislative
liaison, and that whatever they work out, I think we need to give J.L. the latitude to go ahead and
proceed with whatever the last thing they can negotiate up there with, because I don't think... I
mean, Joe, I was up there with Mikki. We walked the halls and...
Commissioner Plummer: Good, fine.
Commissioner Dawkins:... it's just... And it has... Joe, it's more than Watson Island.
Commissioner Plummer: It is.
Commissioner Carollo: A lot more. A lot more.
Commissioner Dawkins: OK. See, but there again, they've boxed us in with Watson Island so
that we can't... J.L. can't get out.
Commissioner Plummer: Let me, if I may, for the record, Joe, just for your comments. I
personally met with a number of the cabinet members, and they have all said, "Go negotiate it
out." And we keep going back to these people. Joe, we started back - in February? - it was
February when we first started with this thing.
Mr. Luft: December.
Commissioner Plummer: December. OK. I got involved in February, I think it was. All right.
And it's been one delay after another delay. They... Every time... Let me tell you how far this
i thing went at one time. They were not only demanding 50 percent of our revenue, they were
demanding the control of the bay bottom rights. And we said, that is totally unacceptable under
all circumstances, that we only would negotiate a percentage. And, of course, there is another
area that is also a problem.
Commissioner Carollo: I realize the other area.
Commissioner Plummer: OK. I just want you to understand, it's not been easy.
174
June 13, 1996
Commissioner Carollo: I understand that, Commissioner. And, you know, I, for one, will say
that the job that you have done up there in Tallahassee, I think, is commendable, just like the job
that Commissioner Dawkins has done in the trips that he's taken up there, and staff. But, you
know, this...
Commissioner Plummer: All right. What does this...
Commissioner Dawkins: It just rubs you the wrong way, huh, Joe?
Commissioner Carollo: This just takes a lot of gall. I mean, you got staff members that are paid
by taxpayers, that are hanging up phones on us, that are taking this arrogant attitude.
Commissioner Plummer: What do you want me to do?
Commissioner Carollo: The bottom line is - and this is the truth - that no matter how good those
( staff members think they are, or how powerful they are, we are the ones that pay their check.
E And I guarantee you that if they pull too much, and the people that they're working for tell them,
hey, enough, you're going to be hurting me next, and I might not be around here next election,
because if it's a close election and we have a united City of Miami Commission who is going to
take a stand to protect their interest, these guys are going to give in. And it's about time that we
start, as a body, gaining some additional backbone in matters like this. Because I mean, this is
not just a few dollars. This will represent millions of dollars throughout the life of this project
and this contract, not to include many others that will be facing us in the future.
Commissioner Plummer: What...
Vice Mayor Gort: Joe, let me ask you a question.
Commissioner Plummer: What do you want me to do?
Vice Mayor Gort: Who was the staff that was disrespectful to us, and to whom?
Commissioner Carollo: I don't know. J.L. mentioned that someone hung up the phone.
Commissioner Plummer: For our staff here?
+ Vice Mayor Gort: No, no. Someone...
hang up on you from the staff?
This conversation keeps coming up. Did somebody
Commissioner Plummer: On Jack. Jack comes to me, asks me to set him his parameters. I give
him what I think is legitimate parameters. He talks to that staff in Tallahassee.
Mr. Luft: We offered the DEP (Department of Environmental Protection) staff Division of State
Lands five percent, and they said, "We have no basis for further discussions. We're not
interested. Thank you very much." And they hung up.
Commissioner Carollo: Why don't you invite these guys down here, Jack. We'll take them to
the Everglades for...
I Mr. Luft: They have been down here.
Commissioner Carollo:... a little frog legs and stone crabs.
175
June 13,1996
Mr. Luft: They have been down here a number of times.
Commissioner Dawkins: And look for the Value Jet.
Mr. Luft: And we've shown them the gardens, we've shown them the site. They understand.
They keep telling us that they have successfully negotiated and received from a number of
cities - five just recently - between 50 and 100 percent of State-owned deed restricted lands, all
those kinds of revenues...
Commissioner Dawkins: A hundred percent, Jack?
Commissioner Plummer: Oh yeah.
Mr. Luft: Fifty to 100 percent, yes.
Commissioner Plummer: Yeah.
i. .
E; Mr. Luft: Right. They got 100 percent from...
Commissioner Carollo: All that I can say is that if they had people in those cities that didn't
have the backbone to stand up to those staffers, then I'm sorry for those citizens in those cities.
Commissioner Plummer: Let me...
Mr. Luft: Commissioner Plummer has...
Vice Mayor Gort: Excuse me, excuse me a minute. Let me get into... What would be the worst
the Commission... that we want to pay? Let's put a limit to it, and let's make a motion and go up
there and try to get it.
Mr. Luft: Can I...
Vice Mayor Gort: Are we talking about five percent, two percent?
Mr. Luft: Could I put it into dollars?
Commissioner Carollo: Commissioner, I, for one...
Vice Mayor Gort: Excuse me. Jack, Jack. Excuse me. I'm running the meeting.
Mr. Luft: Thank you, sir. I'm sorry.
Vice Mayor Gort: Yes, Commissioner.
Commissioner Carollo: What the 15 percent, I think, is going to represent, like in the third year,
is at least seventy-five thousand dollars ($75,000).
Vice Mayor Gort: That's correct.
i
Commissioner Plummer: Yeah.
Commissioner Carollo: At least. These are monies that the State of Florida really has no right to
have. This is our land. Our land. I mean, we're going to receive a low enough rent, as it is, on
this property, for what it's... for where it's at, to have the State of Florida come in and take a part
176 June 13, 1996
of it away now. I would like to at least cut that down, so they can't say that we didn't give them
anything - that should be the case - to at least half of that.
Vice Mayor Gort: OK. We're talking about going back -- have a motion, going back and
offering seven and a half percent. And we'll be working on the elected official.
Commissioner Carollo: And let's call Senator Graham. I'm sure he could be quite helpful in
this.
Vice Mayor Gort: OK. You want the... make the motion.
Commissioner Plummer: So then the parameters would be... Do you want it a straight seven, or
do you want it a breakdown of seven, so much from retail, so much from tickets, and so much
from food and beverage, or do you just want a straight seven and a half?
Vice Mayor Gort: You use the same way. Do it the same way.
Commissioner Plummer: OK.
Vice Mayor Gort: OK?
Commissioner Plummer: OK.
Vice Mayor Gort: The same way as the 15. Is that OK?
1 Commissioner Plummer: Very well.
Vice Mayor Gort: The motion has been made. Is there a second?
Commissioner Dawkins: Second.
Vice Mayor Gort: OK. Any further discussion?
Commissioner Plummer: Excuse me. I would still like, if it's possible, whatever you folks think
you can do, we're scheduled for the 27th; is that correct?
Vice Mayor Gort: Give us all the information...
Commissioner Plummer: Or the 25th. The 25th. They always meet on...
Commissioner Carollo: We're scheduled for the 25th or what?
f w a
177
June 13, 1996
Commissioner Carollo: Well, there's no way that we're going to make that Cabinet meeting,
J.L.
Commissioner Plummer: No, we're scheduled for it. OK?
Vice Mayor Gort: We're already on the calendar.
Commissioner Plummer: Now, they can all... All they can do is, if we don't have some
negotiation, is to pull it. So what I'm saying is, if you can, in fact, make phone calls prior to
j that, we might be able to keep it on that agenda.
is
Commissioner Carollo: Why can't we go before that Cabinet meeting, once they put us at 15
percent, and we present our case? I don't mean staff. I mean you, myself, Commissioner
Dawkins, Commissioner Gort, the four of us go up there and see our elected officials, eyeball to
eyeball, and we ask them, "Look this is the only way that we were able to get on this agenda, by
having a gun to our heads. But we are asking you, on behalf of the 400,000 residents of Miami,
and over 100,000 voters, to cut that in half.
Commissioner Dawkins: The City Attorney is shaking his head very, very, very...
Mr. Jones: You can meet with them individually, but you can't meet with them as...
Commissioner Carollo: Well, this is a public meeting.
{ Mr. Jones: It still doesn't matter, Commissioner.
Commissioner Plummer: No, I think... Excuse me, City Attorney, what he's suggesting is that
we go to a board meeting as a...
1 " Commissioner Carollo: Well, we're talking about coming before the Cabinet.
Commissioner Plummer: As a board meeting.
Commissioner Carollo: Coming before the Cabinet, that it's going to be a public meeting.
Mr. Jones: Well, yeah, as long as you give them notice. Give a notice that you're going to have
a meeting up there, you could do it.
Commissioner Dawkins: No. They already have... The meeting is already noticed.
Commissioner Carollo: Yeah, they give notice up there.
Commissioner Plummer: Believe me...
Vice Mayor Gort: We got to make our own notice.
Mr. Jones: Give notice...
178 June 13, 1996
Vice Mayor Gort: OK.
Commissioner Dawkins: Oh, OK.
Commissioner Carollo: Make our own notice. Yeah, that's fine.
Commissioner Plummer: Believe me, they're well aware.
Commissioner Carollo: In fact, the more pressing them, the merrier. Maybe some of the other
cities might learn something as they...
Vice Mayor Gort: OK. There's a motion.
Commissioner Plummer: I hope we don't learn anything.
Mr. Jones: Just one...
Commissioner Dawkins: Second. Second.
Vice Mayor Gort: Is there any further discussion? Being none, all in favor, state so by saying
aye.
The Commission Collectively: Aye.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.96-449
A MOTION AUTHORIZING THE CITY MANAGER TO FINALIZE
NEGOTIATIONS AND EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY WITH THE STATE OF FLORIDA BOARD OF
TRUSTEES AND THE INTERNAL IMPROVEMENT TRUST FOR
CONSIDERATION OF A RELEASE OF THE DEED RESTRICTION ON WATSON
ISLAND, NECESSARY TO ALLOW THE PROPOSED DEVELOPMENT OF A
BOTANICAL GARDEN ATTRACTION UNDER A PROPOSED LEASE TO
PARROT JUNGLE AND GARDENS, INC., PROVIDING FOR COMPENSATION TO
THE STATE OF NOT MORE THAN SEVEN AND ONE-HALF (71/2) PERCENT OF
CERTAIN REVENUES.
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: None.
Vice Mayor Gort: OK. Anything else?
Commissioner Dawkins: You may do your pocket items now.
RFIL11
r
June 13, 1996
Vice Mayor Gort: May I do mine now? I don't know if I want to do it now. He's kept me here
too long.
Commissioner Plummer: I move we adjourn.
Commissioner Dawkins: Second.
----------------------------------------------------- --
69. ACCEPT BID: ACTION LAND DEVELOPMENT CORPORATION -- FOR
SECURING BUILDING FOR BUILDING AND ZONING DEPT. --
ALLOCATE $22,720.75 FROM CDBG FUND (799206).
Vice Mayor Gort: You all have a... This is a pocket item that was given to me. I would like to
i' read this pocket on the June Commission meeting. A resolution awarding bids to securing the
building. This is to secure a building at 2136 Northwest Ist Avenue.
Commissioner Dawkins: Move it.
Commissioner Carollo: Second.
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.96-450
A RESOLUTION ACCEPTING THE BID OF ACTION LAND DEVELOPMENT
CORPORATION FOR SECURING A BUILDING LOCATED AT 2136 N.W. 1ST
AVENUE, MIAMI, FL, AT A TOTAL PROPOSED AMOUNT OF $22,720.75, FOR
THE DEPARTMENT OF BUILDING AND ZONING; ALLOCATING FUNDS
THEREFROM COMMUNITY DEVELOPMENT BLOCK GRANT FUND NO. 799206;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
r. 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.)
:m
June 13, 1996
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
..............----------------------------------------------------------------------------------------------
j 70. (Continued) APPOINT COMMISSIONER J.L. PLUMMER, JR. AS CITY OF
( MIAMI DELEGATE TO FLORIDA LEAGUE OF CITIES. (See label 62)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: I got a pocket item that says... J.L. remembered to bring up. OK. According
to the City Clerk records, it looks like we traditionally have the full Commission vote on the
appointment of a Commissioner as the City's voting delegate at the League of... the State League
of Cities. And this is the 70th annual convention on August the 8th and the loth. And I'd like
to... Somebody make the motion to appoint...
Commissioner Carollo: Miller, you never been to one of those, right?
Vice Mayor Gort: ... Commissioner Plummer.
Commissioner Carollo: Miller, Miller, you haven't been to one of those.
Commissioner Dawkins: What is it? Say what?
Commissioner Carollo: I haven't been to one of those conventions.
Vice Mayor Gort: Going to the Florida League of Cities, a representative at the convention.
Commissioner Carollo: He wants to go to the convention.
Commissioner Dawkins: He's been to the Florida... every one since I've been here. It's about
time somebody else goes.
Commissioner Dawkins: Second the motion.
Mr. Cesar Odio (City Manager): Commissioner, I have...
Vice Mayor Gort: It's been moved and seconded.
Commissioner Carollo: Wait, wait. Who made a motion?
Commissioner Dawkins: J.L. did.
f Commissioner Plummer: Not me.
181 June 13, 1996
Commissioner Carollo: No, no. Who made a motion? You're seconding a motion...
Commissioner Dawkins: J.L., J.L. I second J.L.'s motion.
Commissioner Carollo: You're seconding a motion that wasn't made.
Commissioner Dawkins: I second J.L.'s motion.
Commissioner Carollo: If you're seconding, I guess I have to make the motion.
Commissioner Plummer: There you go.
E, Vice Mayor Gort: That's right. OK. All in favor, state so by saying "aye."
The Commission Collectively: Aye.
!' The following resolution was introduced by Commissioner Carollo, who moved its adoption:
i,
RESOLUTION NO.96-451
A RESOLUTION OF THE CITY COMMISSION APPOINTING COMMISSIONER
J.L. PLUMMER, JR. AS THE CITY OF MIAMI'S VOTING DELEGATE TO
ATTEND THE STATE LEAGUE OF CITIES 70TH ANNUAL CONVENTION TO BE
HELD AUGUST 8-10, 1996, AT THE BOCA RATON CLUB AND RESORT.
(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:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
None.
None.
182
June 13,1996
Commissioner Plummer: Is that it on pockets?
Vice Mayor Gort: No. I got one more item.
Commissioner Plummer: Well, go.
71. (A) DIRECT ADMINISTRATION TO INCLUDE ON COMMISSION
AGENDAS A DISCLAIMER CONCERNING SLANDEROUS
STATEMENTS MADE BEFORE THE CITY COMMISSION.
(B) INSTRUCT MANAGER TO NOTIFY (THROUGH CABLE
CHANNEL 9) THAT GRAFFITI PROBLEMS CAN BE REPORTED
BY CALLING 377-GANG DURING WORKING HOURS, AND
LOCAL NET OFFICES AFTER WORKING HOURS -- INSTRUCT
CITY ATTORNEY TO PREPARE LEGISLATION FOR CITY TO
ADOPT COUNTY REGULATIONS PERTAINING TO GRAFFITI,
WHICH MAKES PARENTS OF GRAFFITI PERPETRATORS
FINANCIALLY RESPONSIBLE FOR DAMAGES.
Vice Mayor Gort: Excuse me. I have one more item. I'll pass this around, and I'll read it to
you. Whenever you go to a lot of the Commission meetings in other cities and the County, there
is a disclaimer in there, and I'll read what I'd like to have put in our agenda.
"Any persons making impertinent or slanderous remarks or who becomes
boisterous while addressing the Commission shall be barred from further items
before the Commission by the presiding officer, unless permission to continue or
again address the Commission be granted by a majority vote of the Commission
members present."
jDoes anybody have any problem with this?
Commissioner Dawkins: Only Mr. Goenaga.
Vice Mayor Gort: Could you, Mr. Attorney, put this into the form of a resolution?
a
A. Quinn Janes, III, Esq. (City Attorney): Instruct the agenda clerk to include it in the notice.
Commissioner Plummer: OK. Mr. Vice Mayor...
Vice Mayor Gort: Thank you.
Commissioner Plummer: I would suggest, as I did before, and I thought we had an
understanding, that that clock... One of those clocks, Mr. Clerk, be put up here. The person
t_
speaking can't see that clock to know how much time they have left.
Mr. Walter Foeman (City Clerk): Commissioner Plummer, we received that clock on a trial
basis for 30 days. I don't have money in my budget to...
i Commissioner Plummer: Well, we can see that clock, but the person speaking can't.
June 13, 1996
Ph
Commissioner Carollo: Which means we won't even be able to see it now, too. Huh? Well,
you better get two clocks, one up there and one here.
Commissioner Dawkins: You know, I don't... This is tijt: only City Clerk I know, every time
you tell him something, he tells you about money.
Mr. Odio: I'll get it.
Commissioner Dawkins: I mean, I don't understand it. You know, he's got a budget. We tell
him he's in charge of his budget, and every time you tell him to do something, he's got no
money.
Commissioner Plummer: Maybe it's true.
Commissioner Dawkins: It's ridiculous. I mean, either you're in charge of your budget or
you're not. If you're in charge of your budget, buy one.
Vice Mayor Gort: You got your money.
Commissioner Plummer: All right.
Mr. Jones: Mr. Vice Mayor.
Commissioner Plummer: Mr. Gort, if I may.
Vice Mayor Gort: Go ahead. Yes, sir.
Commissioner Plummer: I have asked, and I think this is something that the people of this
i community will be well appreciative of. The Police Department has come back to me with the
material in reference to this illegal spraying or whatever you want to call it.
Mr. Cesar Odio (City Manager): Graffiti.
Commissioner Plummer: First and foremost, Mr. City Manager has asked that Channel 9 Miami
Cable, carry all of this information and, in fact, we are doing the following: Locate and
document the graffiti by photographs.
1 Commissioner Carollo: Graffiti.
Commissioner Plummer: Graffiti.
Commissioner Carollo: That's not French.
Commissioner Plummer: Contact the victims and request authorization on waiver forms to paint
it out. Work closely with the Miami Board of Realtors Graffiti Task Force, who have been
lobbying for anti -graffiti ordinances. Obtain paint from company sponsors to donate and mix the
paint. Coordinate monthly meetings with the citizens of the community. The Police Department
is willing to do the following with equipment, to enhance their abilities to eradicate this serious
problem: To get the three pickup trucks to transport the paint supplies north, central and south.
j The three power paint sprayers battery operated, and the 20,000 from miscellaneous materials,
such as rollers, brushes, paint pants, tarps and refreshments. I don't know what the refreshments
are for.and the 20,000 for miscellaneous materials such as rollers, brushes, paint pads, tarps, and
refreshments. I don't know what the refreshments are for. The following has, in fact, now been
184
June 13,1996
designated as a number for people to call when this matter is either taking place in front of them
or, in fact, to report, and the number is very simply 377-GANG, G-A-N-G.
Capt. Longueira: That's only during daytime; otherwise, call any NET (Neighborhood
Enhancement Team) office.
Commissioner Plummer: Otherwise, call the NET office after normal business hours. Mr.
Manager, I would hope that you would get this on Cable 9, this information.
Commissioner Carollo: You want a motion on that, or are you just
reading it?
Commissioner Plummer: I... I don't know that a motion is necessary. If it is, I'll move it, of
t course.
Commissioner Carollo: If you need it and you want to include in the motion...
Commissioner Plummer: I so move.
Commissioner Carollo: As a motion, I'll second that, and can we include one amendment to it?
Commissioner Plummer: Sure.
Commissioner Carollo: That we invite the authority against graffiti from Singapore to come to
Miami...
Commissioner Plummer: Oh yeah, oh yeah.
Commissioner Carollo:... and give us a one -week seminar on how to take care of this.
Commissioner Plummer: No. It's not one week, it's three lashes.
Commissioner Carollo: You want the one week one.
Commissioner Plummer: Yeah.
I
Commissioner Carollo: So you can know what happens after the first three lashes.
Commissioner Plummer: But not W-E-A-K.
Commissioner Plummer: Let me say one other thing, Mr. City Attorney. I think it is well within
reason that we find out and try to adopt the County ordinance. And that ordinance pertains and
contains one thing that I think will go a long way. The kids or whoever are the offenders,
making their parents financially responsible for the damage that they do.
Mr. Joel Maxwell (Assistant City Attorney): Yes, yes.
Commissioner Plummer: And I would love to see that incorporated in our ordinance to try and
j bring this about. I assume that all of you have been receiving phone calls. Mr. Manager, I've
got to tell you that I think the City has got to deal with this in some way. We are citing through
code violations, a man who has a store. They spray his store at night. He doesn't have the
money to go out and eradicate it himself, and we are throwing liens against his property... is
wrong. He did not commit the offense, but yet, his property is being put into jeopardy by virtue
of Code Enforcement saying, you didn't go out there and eradicate it immediately. So I think,
185
June 13, 1996
.re
r
Mr: Manager, I would ask that you come back to this Commission with some kind of a solution.
Now, you know we are having the same problem with tires.
Commissioner Dawkins: That's right. I was just getting ready to say that.
Commissioner Plummer: OK? And, you know, people who own a piece of property at night,
the truck goes by and throws 300 tires on his property...
Commissioner Dawkins: And then, we fine the man, knowing good and well that he didn't have
l 300 vehicles to put 300 tires on his property.
Commissioner Plummer: OK. Mr. Manager I would hope you would address both the tires and
the graffiti.
Mr. Cesar Odio (City Manager): We have addressed the tires. We are... They have to have
certain stickers.If we stop a truck with tires that doesn't have the stickers, we can confiscate the
truck.
Commissioner Dawkins: Yeah, but you got to catch the truck dumping them. We're talking
about the ones that have been dumped.
Mr. Odio: No. Sir, you know, we discovered... I've been trying to work with the Police
Department on the... We have a task force on tires now. And there is a law that if you are
transporting tires that doesn't have the certain stickers on it, you can stop them and you can
confiscate that truck before they dump.
Commissioner Carollo: You know what are some of the main places that they are dumping tires
in? Allapattah, Liberty City, Overtown, East Little Havana.
Commissioner Plummer: Everywhere.
Mr. Odio (City Manager): Allapattah, Allapattah.
Commissioner Carollo: Yeah.
f Vice Mayor Gort: My neighborhood is one that was the worst. I got to go through 14th Avenue
on 23rd Street. That's become an illegal dumping.
Commissioner Carollo: Yeah.
Commissioner Plummer: Willy, there's a place in northeast, the guy called me. He has a
warehouse...
Commissioner Dawkins: OK, the Manager's got one more pocket item, and it's time to adjourn.
Commissioner Plummer: Let me just... let me give you this one.
He has 60,000 square foot in a warehouse. He rented it to somebody for a one -month period of
time. He went back to his warehouse. They were, of course, gone, and it was tires from the
ceiling to the floor, and he can't get rid of them.
Commissioner Carollo: Unreal, unreal. We got to vote on this motion, Mr. Vice Mayor.
Vice Mayor Gort: The Plummer motion?
June 13, 1996
Commissioner Plummer: Yes sir.
Vice Mayor Gort: All in favor, state so by saying "aye."
Commission Collectively: Aye.
Vice Mayor Gort: Unanimous.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 95-452
j A MOTION INSTRUCTING THE CITY MANAGER TO NOTIFY THROUGH THE
? USE OF CABLE CHANNEL 9 THAT GRAFFITI PROBLEMS CAN BE REPORTED
BY CALLING 377-GANG DURING WORKING HOURS AND CALLING LOCAL
I ` NET OFFICES AFTER WORKING HOURS; FURTHER INSTRUCTING THE CITY
F ATTORNEY TO PREPARE FOR A FUTURE MEETING, APPROPRIATE
+ LEGISLATION IN ORDER FOR THE CITY TO ADOPT THE COUNTY
REGULATIONS PERTAINING TO GRAFFITI, WHICH MAKES PARENTS OF
GRAFFITI PERPETRATORS FINANCIALLY RESPONSIBLE FOR DAMAGES.
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: None.
f----------------------------------------------------------------------------------------------------------------
72. DIRECT ADMINISTRATION TO AMEND RFP IN CONNECTION WITH
DINNER KEY BOAT YARD TO CONSIDER ANCILLARY USE FOR A FILM
STUDIO -- REQUEST PUBLIC HEARING BE HELD ON JUNE 27, 1996 --
t NOTIFY ALL BIDDERS OF PROPOSED AMENDMENT.
----------------------------------------------------------------------------------------------------------------
Commissioner Carollo: Mr. Manager, I need to ask a question of you and the City Attorney. On
the RFP (Request for Proposals) that we were going to put out for the property next door to
Merrill Stevens, where are we at with that?
Mr. Jack Luft (Director CPR Department): It was issued May 31st. The proposals are due
August 30th.
187
June 13, 1996
Commissioner Carollo: Was it advertised already? Did we start advertising it?
Mr. Odio: Yes. It has been formally issued.
Commissioner Carollo: What can we do at this point in time, and I guess the City Attorney is
going to have to answer that, if we wanted to make an amendment in any way, shape, or form to
that RFP?
Mr. Odio: I would like to because...
Commissioner Carollo: Well, The reason that I'm asking that, and, you know, let's lay things
out on the table. It's the way we should do things here. There are other major parties that have
shown a possible interest. One that I'm referring to is Sylvester Stallone. I think it would serve
the City's best interest to have as many people as we can bid in an RFP in this property,
especially someone that we all know would definitely make a go of it like Sly Stallone will.
Commissioner Plummer: Joe, may I interject? I think it's great. But let me tell you something.
The one thing that I would have to insist upon is a public hearing. People came down...
Commissioner Carollo: I will not in any way oppose a public hearing, J.L.
Commissioner Plummer: OK, because they came...
Commissioner Carollo: But, what... what I'm asking...
Commissioner Plummer: They came in droves...
Commissioner Carollo: Sure.
Commissioner Plummer: ...down to this Commission about that shall remain at all times a full
service boatyard. OK?
Commissioner Carollo: I have no problems with public hearings. What I want to find out is,
what we can do to make any amendments to that RFP in...
i Commissioner Dawkins: To include other people.
t
Commissioner Carollo: ...to include a public hearing, while we do it.
Mr. Odio: We can bring an amendment back on the next meeting in July. I mean the first
meeting of July.
Vice Mayor Gort: June 27th, June 27th is the next meeting.
Mr. Odio: June 27th, call a public hearing, and have that discussed and then they have still time
to August 31st to reply.
Commissioner Carollo: OK.
Commissioner Plummer: Whoa whoa o e u u � , now when you put... How many people have picked up,
do you have any idea?
Mr. Odio: Fifteen.
188 June 13, 1996
Commissioner Plummer: OK. My problem now, Mr. Manager, is that people can say, look, I've
already spent "beaucoups" amount of dollars trying to comply with your RFPs.
Mr, Odio: We could send them a notice right now. We...
Commissioner Plummer: That's ... well, that's... I don't want to wait until July.
Commissioner Carollo: Well not only send those a notice, but anybody else who would pick it
up.
i Commissioner Plummer: All right.
f Commissioner Carollo: Advise them, and put them on notice that we will have the
possibility,
that there will be the possibility for an amendment made to that RFP.
i
Mr. Luft: We'll do that. It's only been out two weeks.
J Commissioner Plummer: Yeah.
Vice Mayor Gort: And what the amendment is, too.
Commissioner Carollo: Yeah.
Mr. Luft: Yes. It's just adding an ancillary use for a studio use.
Commissioner Carollo: Well, of course. But still, you know, we have to wait until the 27th to
see if the amendment will be approved and in which form it will be approved.
June 13, 1996
73. r DIRECT ADMINISTRATION TO MEET WITH EACH MEMBER OF
COMMISSION IN CONNECTION WITH VISITORS' PARKING AT
RIVERSIDE CENTER.
Vice Mayor Gort: Mr. Manager, you had something?
Mr. Cesar Odio (City Manager): I just have one. I would like to ask permission to revisit the
situation with visitors parking at the new building, and bring it back. I have orders from you to
open the parking garage to the visitors. The problem is, we have discovered that there can be
security problems when you open those gates up wide open. And I'd like to proffer a plan, but
mainly, it's that we own the land next to the building; and that as soon as FPL cleans it up, we
can convert that into the parking, visitors parking, which is very convenient because it is right
next to the building, anyway.
Commissioner Plummer: Mr. Manager, I thought that one of the things that you could do is to
get Clark Cook to remove the meters off 2nd Avenue, and now they have to worry about meters.
Mr. Odio: Well, that... we can do that. I mean, that's not the problem. It's the number of cars.
Commissioner Carollo: Yeah. There's not enough spaces there anyway.
Commissioner Plummer: Joe, I'm aware of that. I mean it's... I just said that was one of the
areas that...
Commissioner Carollo: Well, Mr. Manager, why don't you sit down with all the Commissioners
one on one...
i Mr. Odio: OK.
I
Commissioner Carollo: ...and let's come back on the 27th with a firm, concrete...
Mr. Odio: OK. I'd like to do that.
Commissioner Carollo: ...solution, if we can find one.
Commissioner Dawkins: Because I personally do not see the people we're calling visitors as
1� Y
visitors. I see them as citizens who own the building.
Mr. Odio: I agree, but...
Commissioner Dawkins: OK?
190
June 13, 1996
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74. CITY ATTORNEY NOTIFIES THAT CITY WON WATSON ISLAND
LAWSUIT.
A. Quinn Jones, III, Esq. (City Attorney): Last word. Watson Island lawsuit.
Commissioner Carollo: Mr. Dawkins you impress me more and more every meeting.
Vice Mayor Gort: Excuse me.
Mr. Jones: Watson Island lawsuit. The Court of Appeals, yesterday affirmed the lower courts,
so it means that it's dead now.
Commissioner Carollo: What lawsuit?
j Mr. Jones: The Watson Island, Miami Marina Expo.
Commissioner Carollo: Who's that?
Mr. Jones: That's one where the developers sued us, saying that they lost the develop... we
denied them developmental rights... We're seeking three hundred million dollars ($300,000,000)
in damages. I think you were named personally.
Commissioner Carollo: Oh, that one.
Mr. Jones: That one.
Commissioner Carollo: That one. OK.
Mr. Cesar Odio (City Manager): A guy named Myers.
Commissioner Carollo: That one.
Mr. Jones: Yeah. So we won that, and we prevailed.
Commissioner Dawkins: Well, we finally won one.
Commissioner Plummer: That's not true.
Vice Mayor Gort: Where's Mariano?
Commissioner Dawkins: I don't know.
Vice Mayor Gort: He left already.
Mr. Odio: We sent him back to the post office.
Vice Mayor Gort: Wait a minute. I think...
Commissioner Dawkins: OK. We're adjourning.
191 June 13,1996
WIFREDO GORT
VICE MAYOR
ATTEST:
192 June 13, 1996