HomeMy WebLinkAboutCC 1995-01-12 MinutesITEM SUBJECT
NO.
INDEX
MINUTES OF REGULAR MEETING
January 12, 1995
LEGISLATION PAGE
NO.
1. PRESENTATIONS, PROCLAMATIONS &
DISCUSSION 2
SPECIAL ITEMS.
1/12/95
2. (A) MAYOR CLARK ANNOUNCES THAT
M 95-1 2-6
THE CITY OF MIAMI WILL BE HOSTING
1/12/95
U.S. CONFERENCE OF MAYORS IN
JUNE, 1995.
(B) INSTRUCT MANAGER TO PREPARE
AGENDA FOR JANUARY 26TH MEETING,
FURTHER ANNOUNCING THAT ON THAT
DATE THE COMMISSION WOULD
CONTINUE THE COMPLETE AGENDA TO
THE REGULAR COMMISSION MEETING
SCHEDULED FOR FEBRUARY 9, 1995.
3. COMMISSIONER PLUMMER RECOMMENDS
DISCUSSION 7
THAT ADMINISTRATION MODIFY
1/12/95
ANNOUNCEMENTS APPEARING ON CABLE
CHANNEL 9 SO THAT THE ADS PROVIDE
MORE IN-DEPTH INFORMATION ON
COMMISSION AGENDA ITEMS.
4. (A) CONSENT AGENDA. R 95-1.1 7-13
(B) DISCUSS AND DEFER 1/12/95
CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE LAW
OFFICE OF HANZMAN AND CRIKEN,
P.A. TO ACT AS CO -COUNSEL WITH
CHRISTOPHER G. KORGE OF ZACK,
PONCE, TUCKER, KORGE & GILLESPIE,
P.A. (FORMERLY ZACK, HANZMAN,
PONCE, TUCKER, KORGE & GILLESPIE,
P.A.) REGARDING LEGAL
REPRESENTATION OF THE CITY IN
CONNECTION WITH WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION
Vs. THE CITY -- SET SPECIAL
ATTORNEY -CLIENT, CLOSED DOOR
MEETING CONCERNING ONGOING
LITIGATION BETWEEN THE CITY AND
WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORPORATION.
(C) CHANGE STARTING TIME OF
FEBRUARY 9, 1995 MEETING TO 8:00
A.M. -- STIPULATE REGULAR MEETING
WOULD RESUME UPON CONCLUSION OF
THE SPECIAL ATTORNEY -CLIENT
CLOSED DOOR MEETING.
(D) COMMISSIONER DE YURRE
CONGRATULATES MIAMI SPORTS AND
EXHIBITION AUTHORITY FOR
RECEIVING AWARD.
(E) VICE MAYOR PLUMMER RESTATES
COMMISSION POLICY THAT NO MONIES
SHALL BE DISBURSED BY THE CITY TO
ANY INDIVIDUAL AND/OR GROUP
EXCEPT UPON PRESENTATION OF
INVOICES / BILLS TO BE APPROVED
BY CITY MANAGER.
(F) BRIEF COMMENTS BY MANAGER
CONCERNING PROPOSED RESOLUTION TO
AUTHORIZE EXECUTION OF REVOCABLE
PERMIT WITH HI -TIDE WATER SPORTS,
INC. d/b/a TONY'S JET SKI
RENTALS -- FOR USE OF VACANT AREA
AT MARINE STADIUM MARINA (f/k/a
VIRGINIA KEY MARINA) -- TO ALLOW
FOR CONTINUED OPERATION OF THE
JET SKI RENTAL / SALES OPERATION
WITH HI -TIDE WATER SPORTS,
INC. -- STIPULATE PRESENT RATE
WILL CONTINUE UNTIL COMMISSION
DECIDES OTHERWISE.
4.1. AUTHORIZE PAYMENT OF PARKING R 95-2
FEES, FOR STORAGE OF SEIZED 1/12/95
VEHICLES, IN GOVERNMENT CENTER
PARKING GARAGE #5 -- ALLOCATE
$15,000 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
4.2 AUTHORIZE FUNDING FOR THE R 95-3
AFRICAN-AMERICAN COUNCIL OF 1/12/95
CHRISTIAN CLERGY, INC. --
ALLOCATE $18,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
4.3. AUTHORIZE FUNDING OF ASPIRA OF R 95-4
FLORIDA, INC. -- ALLOCATE $15,000 1/12/95
FROM LAW ENFORCEMENT TRUST FUND
(LETF).
4.4. AUTHORIZE FUNDING OF THE "SEVENTH R 95-5
PERIOD", A PRODUCTION SERIES BY 1/12/95
GUSMAN CENTER FOR THE PERFORMING
ARTS -- ALLOCATE $17,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
4.5. AUTHORIZE FUNDING OF A R 95-6
PRODUCTION, IN CONJUNCTION WITH 1/12/95
COCONUT GROVE PLAYHOUSE, OF A
DOMESTIC VIOLENCE AND ANTI -CRIME
RELATED PLAY ENTITLED "BREAKING
THE CYCLE" -- ALLOCATE $100,000
FROM LAW ENFORCEMENT TRUST FUND
(LETF).
4.6. AUTHORIZE FUNDING FOR COCONUT R 95-7
GROVE FAMILY AND YOUTH 1/12/95
INTERVENTION CENTER -- ALLOCATE
$13,200 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
4.7. AUTHORIZE PURCHASE OF 1,500 LAW R 95-8
ENFORCEMENT HANDBOOKS FROM METRO 1/12/95
DADE COUNTY POLICE DEPARTMENT --
ALLOCATE $13,350.
4.8. ACCEPT BID: LOU'S GUN SHOP -- R 95-9
FOR FURNISHING 17 TACTICAL 1/12/95
BALLISTIC VESTS -- FOR POLICE
DEPARTMENT -- ALLOCATE $10,982.
4.9. ACCEPT BID: SPACE MASTER R 95-10
INTERNATIONAL, INC. -- FOR 1/12/95
FURNISHING A MOBILE OFFICE
TRAILER -- FOR POLICE
DEPARTMENT -- ALLOCATE $15,996.
14
14
14
15
15
15-16
16
16
16-17
4.10. ACCEPT BID: NATIONAL COMPUTER R 95-11
SYSTEMS -- FOR FURNISHING AN 1/12/95
OPTICAL MARK SCANNER -- FOR
POLICE DEPARTMENT -- ALLOCATE
$16,482.40.
4.11. ACCEPT BID: FLORIDA LEVEL &
TRANSIT COMPANY, INC. -- FOR
FURNISHING A SURVEY TOTAL
STATION, ELECTRONIC FIELD BOOK
AND ACCESSORIES -- FOR PUBLIC
WORKS DEPARTMENT -- ALLOCATE
$12,905.
4.12. RATIFY MANAGER'S EMERGENCY ACTION
IN ESTABLISHING SPECIAL CHARGES /
TERMS / CONDITIONS FOR USE OF
PORTION OF ORANGE BOWL STADIUM BY
CONCACAP -- FOR PRESENTATION OF
"LA COPA" INTERNATIONAL SOCCER
FINALS -- EXECUTE AGREEMENT.
4.13. EXECUTE AGREEMENT WITH JUAN M.
DIAZ -- FOR PROFESSIONAL
GEOGRAPHIC DATABASE SERVICES IN
CONNECTION WITH THE CITY'S
GEOGRAPHIC INFORMATION SYSTEM
(GIS) ADVANCEMENT -- ALLOCATE
$26,000 (FOR THE PERIOD JANUARY
1, - DECEMBER 30, 1995).
R 95-12
1/12/95
R 95-13
1/12/95
R 95-14
1/12/95
4.14. CLAIM SETTLEMENT: MERT & CAROLYN R 95-15
PAUL ($53,750). 1/12/95
4.15. ENGAGE LAW FIRM OF MERSHON, R 95-16
SAWYER, JOHNSTON, DUNWOODY & COLE 1/12/95
TO SERVE AS COUNSEL FOR THE CITY
SPECIFICALLY FOR PREPARATION OF
DOCUMENTATION RELATED TO HEALTH
INSURANCE ISSUES -- ALLOCATE
$40,000.
4.16. DESIGNATE AGADIR, MOROCCO, AS A R 95-17
SISTER CITY. 1/12/95
4.17. DESIGNATE COCHABAMBA, BOLIVIA, AS R 95-18
A SISTER CITY. 1/12/95
17
17
18
m
19
19
19
W
4.18. AUTHORIZE SUBSCRIPTION TO THE R 95-19
FIRE EMERGENCY TELEVISION NETWORK 1/12/95
(FETN) -- FOR FIRE AND RESCUE
INSERVICE TRAINING PROGRAMS --
ALLOCATE $5,621.76.
4.19. AUTHORIZE MANAGER TO ISSUE
R 95-20
REQUEST FOR PROPOSALS (RFP) FROM
1/12/95
MINORITY AND WOMEN -OWNED BANKS --
FOR ESTABLISHMENT OF SPECIAL BANK
ACCOUNTS -- FOR 2-YEAR PERIOD,
ONE EACH WITH AN HISPANIC, BLACK
AND WOMEN -OWNED BANK.
4.20. AUTHORIZE MANAGER TO ISSUE
R 95-21
REQUEST FOR PROPOSALS (RFP) FROM
1/12/95
MINORITY AND WOMEN -OWNED BANKS --
FOR ESTABLISHMENT OF SPECIAL CITY
OF MIAMI BANK ACCOUNTS -- FOR 2-
YEAR PERIOD, ONE EACH WITH AN
HISPANIC, BLACK AND WOMEN -OWNED
BANK.
4.21. ACCEPT SIX DEEDS OF DEDICATION
R 95-22
FOR HIGHWAY PURPOSES AND APPROVE
1/12/95
RECORDING OF SAID DEEDS IN THE
PUBLIC RECORDS OF DADE COUNTY.
4.22. EXECUTE AGREEMENT WITH BOSWORTH R 95-23
AERIAL SURVEYS, INC. -- TO 1/12/95
PROVIDE AERIAL TOPOGRAPHIC SURVEY
OF MELREESE GOLF COURSE --
ALLOCATE $10,000 FROM CIP 416048
(RENOVATION OF GOLF COURSES).
4.23. AUTHORIZE USE OF ALL BUT 100
SPACES OF THE MARINE STADIUM
PARKING LOT TO SATISFY PARKING
NEEDS OF VOLUNTEER WORKERS FOR
THE ROYAL CARIBBEAN GOLF CLASSIC
TOURNMENT EVENT (JANUARY 31 -
FEBRUARY 6, 1995).
4.24. APPROVE APPLICATION FOR 3-DAY
STATE LIQUOR PERMIT BY BLENHEIM
TRADE SHOWS, INC. -- FOR DISPLAY
BY MANUFACTURORS / DISTRIBUTORS
OF PRODUCTS LICENSED UNDER STATE
BEVERAGE LAW, AND FOR CONSUMPTION
ON THE PREMISES OF COCONUT GROVE
CONVENTION CENTER (JANUARY 18-20,
1995).
R 95-24
1/12/95
R 95-25
1/12/95
W
20
21
21
21
22
5
(A)DISCUSSION CONCERNING ST. HUGH
DISCUSSION 23-26
OAKS LAWSUIT.
1/12/95
(B)BRIEF COMMENTS CONCERNING
HABITAT FOR HUMANITY AND THE
NEED FOR EVALUATION OF HOUSING.
6.
(A) BRIEF COMMENTS ON REPUBLIC
M 95-26 26-28
NATIONAL BANK OF MIAMI'S MOVE TO
1/12/95
THE OVERTOWN SHOPPING CENTER.
(B) DIRECT MANAGER TO BEGIN
NEGOTIATIONS WITH REPRESENTATIVES
OF Z-MART IN CONNECTION WITH ITS
PROPOSED MOVE TO THE SPACE
HERETOFORE OCCUPIED BY THE
OVERTOWN NEIGHBORHOOD ENHANCEMENT
TEAM (NET) OFFICE IN THE OVERTOWN
SHOPPING CENTER.
7.
DISCUSS AND TABLE (UNTIL 4:00
DISCUSSION 28-29
P.M.) CONSIDERATION OF THE
1/12/95
INTERLOCAL AGREEMENT FOR PROPOSED
CREATION OF THE OVERTOWN / PARK
WEST REDEVELOPMENT AUTHORITY.
(See label 18 & 61)
8.
DEFER APPOINTMENT OF INDIVIDUAL
DISCUSSION 29
TO SERVE ON PROPERTY & ASSET
1/12/95
REVIEW COMMITTEE.
9.
CONFIRM APPOINTMENT OF MICHAEL
R 95-27 30-31
GOLDSTEIN AND TUCKER GIBBS TO
1/12/95
SERVE ON COCONUT GROVE PARKING
ADVISORY COMMITTEE.
10.
APPOINT WILLARD HART TO SERVE AS
R 95-28 31-32
AN ALTERNATE MEMBER ON THE CODE
1/12/95
ENFORCEMENT BOARD.
11.
CONFIRM APPOINTMENT OF ANNETTE
R 95-29 33
EISENBERG AND JACK PEEPLES TO THE
1/12/95
BOARD OF DIRECTORS OF DOWNTOWN
DEVELOPMENT AUTHORITY. (See
label 16)
12.
(A) APPOINT THERESA KINNEY AND
R 95-30 34-35
JULIO ALVAREZ TO SERVE ON
R 95-30.1
OCCUPATIONAL LICENSE EQUITY STUDY
1/12/95
COMMISSION. (Note: Pending
still are 3 appointments to be
made.)
(B) WAIVE RESIDENCY REQUIREMENT
FOR LUISA MURAI, TO ALLOW HER TO
SERVE AS A MEMBER OF HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD.
13.
APPOINT DORIS SCHEER, BRIAN
R 95-31 35-38
GEENTY & DOREEN LoCICERO TO SERVE
1/12/95
AS REGULAR MEMBERS OF THE
PLANNING ADVISORY BOARD. (Note:
Pending still is one appointment
to be made.)
14.
DEFER APPOINTMENTS TO ZONING
DISCUSSION 38-39
BOARD -- INSTRUCT ADMINISTRATION
1/12/95
TO READVERTISE.
15.
APPOINT MICHAELLE VINCENT AND
R 95-32 39-42
MARIE ROSY TOUSSAINT TO SERVE ON
1/12/95
COMMISSION ON THE STATUS OF
WOMEN.
16.
(Continued discussion) CLARIFYING
DISCUSSION 43
COMMENTS BY VICE MAYOR PLUMMER
1/12/95
CONCERNING APPOINTMENTS
PREVIOUSLY MADE TO DOWNTOWN
DEVELOPMENT AUTHORITY. (See
label 11)
17.
DEFER APPOINTMENT TO MIAMI
DISCUSSION 43-44
WATERFRONT ADVISORY BOARD.
1/12/95
18.
CALL SPECIAL MEETING FOR FEBRUARY
M 95-33 44-66
2, 1995 AT BOOKER T. WASHINGTON
1/12/95
MIDDLE SCHOOL IN CONNECTION WITH
A PROPOSED AGENCY TO BE CALLED
THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT AGENCY -- CITY
COMMISSION TO SIT IN ITS CAPACITY
AS THE AREA COMMUNITY
REDEVELOPMENT AGENCY (CRA) --
MEETING TO BE HELD TO ALLOW CITY
AND COUNTY OFFICIALS AN
OPPORTUNITY TO EXPLAIN SAID
PROJECT TO AREA RESIDENTS --
DIRECT MANAGER TO BRIEF
COMMISSIONERS -- DIRECT CLERK TO
ADVERTISE (See Labels 7 and 61)
19.
APPROVE INSTALLATION OF FENCE
R 95-34 66-68
AROUND CHARLES HADLEY PARK --
1/12/95
WORK TO BE COMPLETED WITHIN 90
DAYS.
20.
TABLE DISCUSSION ON CITY'S
DISCUSSION 68-69
RESIDENCY REQUIREMENT IN FILLING
1/12/95
VACANT POSITIONS UNTIL AFTERNOON
SESSION. (See label 56)
21.
APPOINT INDIVIDUALS TO SERVE ON
R 95-35
DINNER KEY RFP REVIEW COMMITTEE.
1/12/95
(Appointed were: Lynn Lewis, Joe
Corral, Raymond Rasco & Eugene
Hancock. Pending still is one
appointment to be made.)
22.
DISCUSSION CONCERNING OPTIONS
DISCUSSION
REGARDING PROPOSED RENOVATION OF
1/12/95
TOWER THEATER CINEMA (1508 S.W. 8
STREET) -- AUTHORIZE
ADMINISTRATION TO PURSUE
PROPOSALS FOR MANAGEMENT OF SAID
THEATER AND ISSUE RFP --
DESIGNATE COMMISSIONER GORT TO
WORK WITH JACK LUFT IN
DEVELOPMENT OF RFP.
23.
RATIFY MANAGER'S EMERGENCY ACTION
R 95-36
IN WAIVING REQUIREMENT FOR
1/12/95
COMPETITIVE SEALED BIDS FOR
FURNISHING OF NEW CAB FLOOR FOR
INSIDE ELEVATOR AT ORANGE BOWL
STADIUM -- FROM CENTRELLEX
ELEVATOR SERVICE -- FOR
DEPARTMENT OF CONFERENCES,
CONVENTIONS & PUBLIC
FACILITIES -- ALLOCATE $8,860.
24.
RATIFY MANAGER'S EMERGENCY ACTION
R 95-37
IN WAIVING REQUIREMENT FOR
1/12/95
COMPETITIVE SEALED BIDS FOR
REPAIR OF ROOF ON POLICE
DEPARTMENT HEADQUARTERS
BUILDING -- BY CONSTRUCT RESTOR,
INC. -- ALLOCATE $94,415.
69-72
72-75
75-76
77-79
25. DISCUSS AND TABLE (TO AFTERNOON
SESSION) CONSIDERATION OF AGENDA
ITEMS 18, 19, AND 20, NAMELY:
(A)PROPOSED RESOLUTION TO ISSUE
REQUEST FOR PROPOSALS (RFP) FOR
UNIFIED DEVELOPMENT PROJECT
(UDP) FOR DEVELOPMENT OF THE
VIRGINIA KEY CAMPGROUND AND
ANCILLARY RECREATIONAL
FACILITIES ON 165 ACRES OF CITY -
OWNED LAND AT VIRGINIA KEY
BEACH, ETC. (See label 59)
(B)ISSUE RFP FOR A UDP FOR
DEVELOPMENT OF A MEGA YACHT
MARINA AND RELATED USES ON 26
ACRES OF CITY -OWNED LAND AT
WATSON ISLAND, ETC. (See label
59)
(C)ISSUE RFP FOR UDP FOR
DEVELOPMENT OF THE MIAMI MARINE
STADIUM AND RELATED MARINE AND
RECREATIONAL USES ON 18 ACRES OF
CITY -OWNED LAND AT 3601
RICKENBACKER CAUSEWAY, ETC.
(See label 59)
26.
AUTHORIZE INCREASE (NOT TO EXCEED
$14,700),IN -CONTRACT WITH TECINA.
INTERNATIONAL, INC.,. -THEREBY
INCREASING. CONTRACT TO
.'$120,06-9.46 (CIP..331359, PEACOCK
PARK _REDEVELOPMENT PROJECT B-
6205).
DENY" PROPOSED RESOLUTION- TO
RATIFY MANAGER'S EMERGENCY ACTION
IN WAIVING REQUIREMENT FOR
COMPETITIVE SEALED BIDS FOR
PURCHASE OF 400 HUBCAPS FOR 1991,
1992 AND 1993 POLICE DEPARTMENT
PATROL VEHICLES FROM MAROONE
CHEVROLET. (Note: This motion
was later reconsidered and
adopted as R-95-42.) (See label
29)
DISCUSSION 80-86
1/12/95
R 95-38 86-87
1/12/95
M 95-39- 87-90 -
_1/12/95. -
28. AUTHORIZE ADDITIONAL $10,000 R 95-40
REWARD ($20,000 TOTAL), FOR 90- 1/12/95
DAY PERIOD, FOR INFORMATION
LEADING TO APPREHENSION OF TWO
ESCAPED CONVICTS STILL AT LARGE
FROM GLADES CORRECTIONAL
INSTITUTION.
29. (A) (Continued discussion) M 95-41
RECONSIDER PRIOR VOTE WHICH R 95-42
DENIED PROPOSED RESOLUTION TO 1/12/95
RATIFY MANAGER'S EMERGENCY ACTION
IN WAIVING REQUIREMENT FOR
COMPETITIVE SEALED BIDS FOR
PURCHASE OF 400 HUBCAPS FOR 1991,
1992 AND 1993 POLICE DEPARTMENT
PATROL VEHICLES FROM MAROONE
CHEVROLET. (See label 27)
(B) RATIFY MANAGER'S EMERGENCY
ACTION IN WAIVING REQUIREMENT FOR
COMPETITIVE SEALED BIDS FOR
PURCHASE OF 400 HUBCAPS FOR 1991,
1992 AND 1993 POLICE DEPARTMENT
PATROL VEHICLES FROM MAROONE
CHEVROLET -- ALLOCATE $6,780.
(See label 27)
30. RATIFY MANAGER'S WRITTEN FINDINGS R 95-43
THAT EMERGENCY NEED EXISTS FOR 1/12/95
WAIVING REQUIREMENT FOR
COMPETITIVE SEALED BIDS FOR
PURCHASE FROM CAPITAL BANK OF
EQUIPMENT, INCLUDING STEEL RACKS,
FLOATING DOCKS, FORKLIFT, AND
OTHER ITEMS NECESSARY FOR
CONTINUED OPERATION OF THE MARINA
AT 3501 RICKENBACKER CAUSEWAY --
ALLOCATE $112,500.
31. GRANT REQUEST BY MR. ALFONSO R 95-44
ALBERTI, PRESIDENT OF NATIONAL 1/12/95
ASSOCIATION FOR CRIME PREVENTION,
FOR RENEWAL OF RENTAL FEE WAIVER
FOR USE OF OFFICE SPACE AT MANUEL
ARTIME COMMUNITY CENTER.
32. GRANT REQUEST BY MARCH OF DIMES R 95-45
BIRTH DEFECTS FOUNDATION FOR FEE 1/12/95
WAIVERS FOR USE OF PEACOCK AND
MERRIE CHRISTMAS PARKS CONCERNING
25TH ANNUAL WALKAMERICA EVENT
(APRIL 1, 1995).
33. GRANT REQUEST BY HERITAGE OF R 95-46
MIAMI II FOR WAIVER OF DOCKAGE 1/12/95
FEES ON THE OUTER SEAWALL AT
MIAMARINA (DECEMBER 20, 1994 -
MARCH 20, 1995).
97-99
100-101
101-102
102-103
103-105
34. GRANT REQUEST BY BILINGUAL
R 95-47 105-107
PRIVATE SCHOOLS ASSOCIATION FOR
1/12/95
FEE WAIVERS AND IN -KIND SERVICES
CONCERNING XXII SCHOOL'S PARADE
HONORING 142ND ANNIVERSARY OF
JOSE MARTI'S BIRTH.
35. EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE 107-109
NEW SPECIAL REVENUE FUND: DADE
11210
COUNTY EMS GRANT AWARD (FY'95) --
1/12/95
APPROPRIATE $254,880, CONSISTING
OF A $168,286 GRANT APPORTIONED
BY METROPOLITAN DADE COUNTY FROM
STATE OF FLORIDA DEPARTMENT OF
HEALTH AND REHABILITATIVE
SERVICES UNDER THE FLORIDA
EMERGENCY MEDICAL SERVICES GRANT
PROGRAM FOR COUNTIES, $86,594 IN
CARRY-OVER FUND BALANCE FROM
PREVIOUS EMS GRANT AWARDS; ETC.
36. (A)TABLE (PENDING MAYOR CLARK'S
DISCUSSION 109-110
ARRIVAL AT 3:00 P.M.)
1/12/95
CONSIDERATION OF PROPOSED
SECOND READING ORDINANCE
RELATING TO STREET VENDING.
(B)WITHDRAW PROPOSED SECOND
READING ORDINANCE RELATING TO
CODE ENFORCEMENT, BY AMENDING
CODE CHAPTER 2, ARTICLE X,
SECTIONS 2-393, 2-403 THROUGH
2-409, TO PROVIDE ENFORCEMENT
PROCEDURES AND CIVIL PENALTIES
FOR CODE ENFORCEMENT
VIOLATIONS.
(C)BRIEF COMMENTS CONCERNING
PREVIOUSLY WITHDRAWN AGENDA
ITEM 31 (PROPOSED SECOND
READING ORDINANCE RELATING TO
CODE ENFORCEMENT, BY AMENDING
CODE CHAPTER 2, ARTICLE X,
SECTION 2-397, THEREBY
PROVIDING A FEE SCHEDULE FOR
MITIGATION OF ACCUMULATED FINES
IMPOSED BY CODE ENFORCEMENT
BOARD).
37.
SECOND READING ORDINANCE: AMEND
ORDINANCE 110-114
CODE -- CREATE / ESTABLISH THE
11211
OVERTOWN ADVISORY BOARD -- SET
1/12/95
FORTH PROCEDURES FOR ELECTING
BOARD MEMBERS -- PROVIDE FOR
OFFICE TERMS / VACANCIES /
REMOVAL OF MEMBERS; ETC. --
RESCIND RESOLUTIONS 82-645 AND
85-399.
38.
FIRST READING ORDINANCE:
ORDINANCE 114-115
ESTABLISH NEW SPECIAL REVENUE
FIRST
FUND: DERELICT VESSEL REMOVAL
READING
GRANT PROGRAM -- APPROPRIATE
1/12/95
$28,057 FROM GRANT MONIES
(FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION) --
ACCEPT GRANT AWARD AND EXECUTE
NECESSARY DOCUMENTS.
39.
FIRST READING ORDINANCE: AMEND
ORDINANCE 116-117
ORDINANCE 11180 (ANNUAL
FIRST
APPROPRIATIONS ORDINANCE) --
READING
ESTABLISH NEW ENTERPRISE FUND:
1/12/95
MARINE STADIUM MARINA.
40.
DISCUSS AND DEFER (TO FEBRUARY
DISCUSSION 117-119
9TH MEETING) CONSIDERATION OF
1/12/95
PROPOSED FIRST READING ORDINANCE
TO AMEND CODE, SECTION 54-105
(TEMPORARY ENCROACHMENTS) TO
PERMIT TEMPORARY FENCE, WALL AND
HEDGE ENCROACHMENTS WITHIN
DEDICATED RIGHTS -OF -WAY.
41.
DECLARE MOST ADVANTAGEOUS METHOD
R 95-48 119-122
TO DEVELOP CERTAIN IMPROVEMENTS
1/12/95
ON CITY -OWNED WATERFRONT LAND
(2640 S. BAYSHORE DRIVE) IS BY
UNIFIED DEVELOPMENT PROJECT
(UDP) -- PREPARE DRAFT REQUEST
FOR PROPOSALS (RFP) FOR UDP FOR
DEVELOPMENT OF FULL -SERVICE BOAT
YARD / MARINA FACILITY AND
ANCILLARY RETAIL USES, INCLUDING
OPTIONAL DEVELOPMENT OF A PUBLIC
MARKET FACILITY AND/OR A HISTORIC
INTERPRETIVE FACILITY -- SET
PUBLIC HEARING FOR MAY 11, 1995
AT 10:00 A.M.
42.
REALLOCATE $250,000 FROM
R 95-49
SUPPLEMENTAL DISASTER RELIEF
1/12/95
FUND: (1) $130,000 FOR CIP
331391 - HADLEY PARK RECREATION
BUILDING RENOVATION AND
CONSTRUCTION OF WATER MAIN ALONG
PORTION OF N.W. 50 STREET
ADJACENT TO CHARLES HADLEY PARK
OLYMPIC POOL COMPLEX; AND (2)
$120,000 FOR CIP 341201 -
JEFFERSON REAVES HEALTH CLINIC.
43.
APPROVE ADMISSION OF MEMBERSHIP
R 95-50
OF CITY OF MIAMI BEACH TO THE
1/12/95
SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION.
44.
ISSUE REQUEST FOR PROPOSALS (RFP)
R 95-51
TO SOLICIT PROFESSIONAL SERVICES
1/12/95
FIRM FOR PREPARATION OF CENTRAL
SERVICES COST ALLOCATION PLANS
(ON 3-YEAR CONTRACT BASIS WITH
OPTION TO RENEW FOR 2 YEARS) --
DEFER PORTION DEALING WITH
ESTABLISHMENT / APPOINTMENT OF
MEMBERS TO A SELECTION COMMITTEE
TO REVIEW / EVALUATE PROPOSALS TO
FEBRUARY 9TH MEETING.
45.
EXECUTE AGREEMENT WITH KIMMINS
R 95-52
RECYCLING CORPORATION FOR
1/12/95
ACCEPTANCE / DISPOSAL OF
PROCESSABLE WASTE FROM CITY OF
MIAMI FOR ONE YEAR -- ALLOCATE
$3,255,000.
46.
DISCUSS AND DEFER TO NEXT MEETING
DISCUSSION
CONSIDERATION OF PROPOSED
1/12/95
RESOLUTION TO ACCEPT BID OF LAW
ENFORCEMENT SUPPLY CO., INC. FOR
FURNISHING 400 PRISONER TRANSPORT
SEATS, FOR POLICE DEPARTMENT.
(See label 55)
47.
ACCEPT BID: F & L CONSTRUCTION,
R 95-53
INC. ($359,533.50 TOTAL BID) --
1/12/95
FOR PROJECT: COCONUT GROVE
SIDEWALK REBUILDING (IMPACT FEE
PROJECT) B-4577 -- ALLOCATE FUNDS
FROM CIP 341121 -- EXECUTE
CONTRACT.
122-124
124
125-127
127-130
130-131
131-132
48. ACCEPT BID: VENECON, INC. R 95-54
($41,000 TOTAL BID) -- FOR 1/12/95
PROJECT: ROBERTO CLEMENTE PARK
REHABILITATION - RACKETBALL COURT
AND SITE AMENITIES PROJECT B-
2995-F -- ALLOCATE FUNDS FROM
18TH YEAR CDBG -- EXECUTE
CONTRACT.
49. PINO FONTICIELLA CONSTRUCTION R 95-55
CORP. ($511,949 TOTAL BID) -- FOR 1/12/95
ALLAPATTAH-COMSTOCK RECREATION
BUILDING B-3248 -- ALLOCATE FUNDS
FROM CIP 331309 -- EXECUTE
CONTRACT.
50. ACCEPT BID: VILA & SON
R 95-56
LANDSCAPING CORP. ($64,522 TOTAL
1/12/95
BID) -- FOR BISCAYNE BOULEVARD
WEST BEAUTIFICATION PROJECT B-
4579 -- ALLOCATE FUNDS FROM LOTH
YEAR CDBG -- EXECUTE CONTRACT.
51. APPROVE SELECTION BY COMPETITIVE
R 95-57
SELECTION COMMITTEE OF MOST
1/12/95
QUALIFIED FIRMS TO PROVIDE
ENGINEERING SERVICES FOR CITY OF
MIAMI PROJECTS 1995-96 --
AUTHORIZE MANAGER TO NEGOTIATE
PROFESSIONAL SERVICE AGREEMENTS
WITH THE SIX TOP -RATED GENERAL
ENGINEERING FIRMS AND THE FOUR
TOP -RATED ENVIRONMENTAL
ENGINEERING FIRMS -- DIRECT
MANAGER TO PRESENT NEGOTIATED
AGREEMENTS TO COMMISSION FOR
APPROVAL PRIOR TO EXECUTION.
52. AUTHORIZE MANAGER TO EXECUTE
R 95-58
AMENDMENT NO. 1 TO EXISTING
1/12/95
AGREEMENTS WITH: (1) MANUEL G.
VERA & ASSOCIATES, INC., (2)
CAMPANILE AND ASSOCIATES, INC.,
(3) FERNANDO Z. GATELL P.L.S.,
INC., (4) METRIC ENGINEERING,
INC., AND (5) BISCAYNE
ENGINEERING COMPANY, INC. --
EXTEND EACH AGREEMENT FOR ONE
YEAR (JANUARY 2, 1996 - JANUARY
1, 1997) -- FOR LAND SURVEYING
SERVICES IN CONJUNCTION WITH CITY
CONTRACTED CONSTRUCTION PROJECTS.
133
134-135
135-136
137-139
139-140
53. (A)AUTHORIZE EXECUTION OF
SUBORDINATION AGREEMENT IN
CONNECTION WITH LEASE AGREEMENT
WITH OLYMPIA BUILDING PARTNERS,
LTD. [Note: Commissioner
Dawkins was granted 5 working
days to exercise veto power,
which he ultimately did, 5 days
later -- item automatically
deferred.]
(B)AUTHORIZE EXECUTION OF LOAN
AGREEMENT WITH OLYMPIA BUILDING
PARTNERS, LTD. ($600,000) --
LOAN TO BE USED IN
REDEVELOPMENT OF OLYMPIA
BUILDING (174 E. FLAGLER
STREET) -- ALLOCATE FUNDS FROM
CDBG-ASSISTED MULTI -FAMILY
REHABILITATION LOAN PROGRAM.
[Note: Commissioner Dawkins
was granted 5 working days to
exercise veto power, which he
ultimately did, 5 days later --
item automatically deferred.]
54. (A) AUTHORIZE EXECUTION OF
REVOCABLE PERMIT WITH REPUBLIC
NATIONAL BANK OF MIAMI -- FOR USE
OF APPROXIMATELY 2,000 SQUARE
FEET OF SPACE IN OVERTOWN
SHOPPING CENTER (1490 N.W. 3
AVENUE) -- TO ALLOW PERMITTEE TO
PROVIDE BANKING SERVICES IN THE
OVERTOWN COMMUNITY ON A MONTH -TO -
MONTH BASIS, WITH PERMITTEE
CONTRIBUTING $60,000 IN CAPITAL
IMPROVEMENTS TO A 4,400 SQUARE
FOOT AREA OF THE OVERTOWN
SHOPPING CENTER; ETC.
(B) DIRECT ADMINISTRATION TO SEEK
COMPETITIVE BIDS FOR OVERTOWN
SHOPPING CENTER FACADE
IMPROVEMENT PROJECT.
55. (A) RECONSIDER PRIOR VOTE FOR
DEFERRAL OF AGENDA ITEM 46.
(B) (Continued discussion) ACCEPT
BID: LAW ENFORCEMENT SUPPLY CO.,
INC. -- FOR FURNISHING 400
PRISONER TRANSPORT SEATS TO
POLICE DEPARTMENT -- ALLOCATE
$103,200. (See label 46)
El
M 95-59
M 95-60
1/12/95
R 95-61
M 95-61.1
1/12/95
R 95-62
1/12/95
140-156
156-159
159-160
56. DISCUSSION CONCERNING IMPEDIMENTS
DISCUSSION 161-169
CREATED BY THE CITY'S RESIDENCY
1/12/95
REQUIREMENT IN FILLING VACANT
POSITIONS -- COMMISSION AGREES TO
REVISIT ISSUE AT A FUTURE TIME.
(See label 20)
57. EXPRESS SYMPATHY AND CONDOLENCES
R 95-63 170-171
TO FAMILY AND FRIENDS OF ALEX
1/12/95
GORDON.
58. MAYOR CLARK ANNOUNCES FIRST
DISCUSSION 171
PUBLIC MASS BY NEWLY -APPOINTED
1/12/95
ARCHBISHOP JOHN C. FAVALORA TO BE
HELD AT CONVENTION CENTER, ON
JANUARY 13TH.
59. DISCUSS AND DEFER (TO FEBRUARY 9, M 95-64 172-202
1995) CONSIDERATION OF PROPOSED M 95-65
RESOLUTION TO AUTHORIZE ISSUANCE 1/12/95
OF REQUEST FOR PROPOSALS (RFP)
FOR UNIFIED DEVELOPMENT PROJECT
(UDP) FOR:
(A) DEVELOPMENT OF THE VIRGINIA
KEY CAMPGROUND AND ANCILLARY
RECREATIONAL FACILITIES ON CITY -
OWNED WATERFRONT PROPERTY AT
VIRGINIA KEY BEACH. (See label
25)
(B) DEVELOPMENT OF THE MEGA YACHT
MARINA AND RELATED USES ON CITY -
OWNED -WATERFRONT PROPERTY AT
WATSON ISLAND. (See label 25)
(C) DEVELOPMENT OF THE MIAMI
MARINE STADIUM AND RELATED MARINE
AND RECREATIONAL USES ON CITY -
OWNED WATERFRONT PROPERTY AT 3601
RICKENBACKER CAUSEWAY. (See label
25)
(D) DISCUSS AND DEFER (TO
FEBRUARY 9, 1995, TO BE TAKEN
TOGETHER WITH AGENDA ITEMS 18, 19
& 20) CONSIDERATION OF PROPOSED
RESOLUTION DECLARING MOST
ADVANTAGEOUS METHOD TO DEVELOP
CERTAIN IMPROVEMENTS ON CITY -
OWNED WATERFRONT LAND IS BY
UNIFIED DEVELOPMENT PROJECT
(UDP) -- AUTHORIZE MANAGER TO
PREPARE DRAFT REQUEST FOR
PROPOSALS (RFP) FOR UDP -- FOR
DEVELOPMENT OF A SPECIALTY
BOTANICAL GARDEN ATTRACTION ON
CITY -OWNED WATERFRONT PROPERTY IN
THE VICINITY OF THE JAPANESE
GARDEN AND MIAMI YACHT CLUB ON
WATSON ISLAND.
60.
SECOND READING ORDINANCE: AMEND
ORDINANCE 202-223
CODE, CHAPTER 39, ARTICLE II, BY
11212
ESTABLISHING THE DOWNTOWN MIAMI
1/12/95
SPECIAL VENDING DISTRICT --
REPEAL SECTION 39-17 (LIMITATIONS
WITHIN VENDING DISTRICTS) AND
SUBSTITUTE NEW SECTION 39-17
(LIMITATIONS WITHIN DOWNTOWN
MIAMI SPECIAL VENDING
DISTRICT) -- ESTABLISH DISTRICT
BOUNDARIES / DIVISIONS -- PROVIDE
FOR EXCLUSIVE VENDING FRANCHISE
OPPORTUNITIES / LOCATIONS --
PROVIDE CRITERIA -- PROVIDE FOR
FRANCHISE LOCATION, FRANCHISEE
SELECTION AND FRANCHISE FEES --
ESTABLISH PUSHCART DESIGN AND
ACCESSORY CRITERIA AND REVIEW --
PROVIDE FOR OPERATING REGULATIONS
/ LIMITATIONS -- PROVIDE FOR
ENFORCEMENT / REVOCATION /
APPEALS -- REQUIRE HOLD HARMLESS
AGREEMENTS / INSURANCE / TAX
CERTIFICATES / COMPLIANCE WITH
APPLICABLE LOCAL / STATE
REGULATIONS.
61.
CONTINUED DISCUSSION CONCERNING
DISCUSSION 223-248
INTERLOCAL AGREEMENT FOR OVERTOWN
1/12/95
/ PARK WEST REDEVELOPMENT
AUTHORITY. (See labels 7 & 18)
62.
ANNOUNCEMENT MADE BY CITY MANAGER
DISCUSSION 248-249
OF THE ARREST OF ONE OF THE
1/12/95
RECENTLY ESCAPED CONVICTS FROM
THE GLADES CORRECTIONAL FACILITY.
63.
(Continued discussion) DEFER (TO
DISCUSSION 249-250
FEBRUARY 9TH MEETING) PROPOSED
1/12/95
RESOLUTION TO AUTHORIZE LAW
OFFICE OF HANZMAN AND CRIKEN,
P.A. TO ACT AS CO -COUNSEL WITH
CHRISTOPHER G. KORGE OF ZACK,
PONCE, TUCKER, KORGE & GILLESPIE,
P.A. (FORMERLY ZACK, HANZMAN,
PONCE, TUCKER, KORGE & GILLESPIE,
P.A.) REGARDING LEGAL
REPRESENTATION OF THE CITY. (See
label 4B)
64. URGE MIAMI CAPITAL DEVELOPMENT, R 95-66
INC. (MCDI) TO LEND AN EXTRA 1/12/95
$200,000 (OVER AND ABOVE
ORIGINALLY APPROVED $300,000) TO
UNITED FOODS CORPORATION FOR
PURCHASE OF PROPERTY AT 1701 N.W.
7 AVENUE -- FOR ESTABLISHMENT OF
A FURTHER CHICKEN PROCESSING
PLANT -- URGE MCDI TO EXECUTE
NECESSARY DOCUMENTS -- AUTHORIZE
MANAGER, IN THE EVENT THAT MCDI
IS UNABLE TO PROVIDE SUCH LOAN,
TO TAKE ALL STEPS NECESSARY TO
PROVIDE A FULLY COLLATERALIZED
LOAN, FOR UNITED FOODS CORP. AT A
REASONABLE INTEREST RATE.
65. DISCUSSION CONCERNING SOLID WASTE DISCUSSION
EMPLOYEES' PROBLEMS. 1/12/95
66. PERSONAL APPEARANCE: FATHER JOSE R 95-67
LUIS MENENDEZ, PASTOR OF CORPUS 1/12/95
CHRISTI CATHOLIC CHURCH -- GRANT
REQUEST BY FATHER MENENDEZ --
URGE METROPOLITAN DADE COUNTY:
(1) NOT TO EXPAND CARGO
CONTAINERS IN BUENA VISTA YARDS
OF FEC; AND (2) INSTRUCT DIRECTOR
OF PORT OF MIAMI TO CLEAN UP
AREA, AND REPORT TO THE CITIZENRY
(WITHIN 30 DAYS) CONCERNING HIS
PLANS FOR LANDSCAPING, FENCING
AND ELMINATING THE DUST BOWL
PRESENTLY EXISTING -- DIRECT CITY
ATTORNEY TO INVESTIGATE POSSIBLE
IMPOSITION OF MORATORIUM ON
ESTABLISHMENT OF ANY ADDITIONAL
DRUG REHABILITATION CENTERS IN
WYNWOOD / EDGEWATER, AND REPORT
TO COMMISSION AT FEBRUARY 9TH
MEETING.
250-254
254-258
259-270
67. PERSONAL APPEARANCE: MR. ERNESTO DISCUSSION 271-278
CAPOTE FROM TEATRO MARTI TO 1/12/95
REQUEST FINANCIAL ASSISTANCE.
(See label 71)
68. GRANT REQUEST BY MIAMI BEACH CITY R 95-68
MANAGER, ROGER CARLTON, FOR USE 1/12/95
OF WATSON ISLAND AS OVERFLOW
PARKING SITE IN CONNECTION WITH
LUCIANO PAVAROTTI CONCERT TO BE
HELD ON SOUTH BEACH (JANUARY 22,
1995).
69. GRANT FUNDING REQUEST BY R 95-69
MUNICIPALITIES IN EXILE ($53,000) 1/12/95
FOR COMPLETION OF ITS BUILDING AT
2400 N.W. 14 STREET, SUBJECT TO:
(1) MANAGER IDENTIFYING
APPROPRIATE FUNDING SOURCE, AND
(2) TENDERING BY SAID
ORGANIZATION OF INVOICES PRIOR TO
ANY DISBURSEMENTS BY THE CITY FOR
PAYMENT OF SAME.
70. URGE FLORIDA LEGISLATURE TO ENACT R 95-70
THE OFFICER EVELYN GORT CAREER 1/12/95
CRIMINAL ACT DURING THE 1995
LEGISLATIVE SESSION.
71. (Continued discussion) FURTHER DISCUSSION
CLARIFYING COMMENTS CONCERNING 1/12/95
MR. ERNESTO CAPOTE'S FUNDING
REQUEST FOR TEATRO MARTI -- REFER
TO MANAGER -- REQUEST
ADMINISTRATION CHECK OUT ALLEGED
BUILDING APPRAISED VALUE. (See
label 67)
278-279
279-282
282-284
284
72. DISCUSSION CONCERNING REQUEST DISCUSSION 285-286
THAT ADMINISTRATION CHECK OUT 1/12/95
ATTORNEYS TO PURSUE COLLECTION OF
CODE ENFORCEMENT FEES, ON A
CONTINGENCY BASIS.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of January, 1995, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 9:08 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: PRIOR TO THE BEGINNING OF
THE MEETING, RATION HAD WITHDRAWN THE
FOLLOWING AGENDA ITEMS: CA-8, CA-22, CA-23, CA-24, CA-
28, CA-29, CA-30, 27, 30, 31, 40, 43, 45, and 48.
-- -------------------------------------------------------------------------------------------------------------
1. (A) PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
(B) COMMISSIONER GORT INTRODUCES AKIRA NARUO FROM
CITY HALL, KAGOSHIMA, JAPAN.
----------------------------------------------------------------------------------------------------------------
i
1 Presentation: Charles Drew Elementary School -- for their participation in
the Summit of the Americas by hosting the First Lady.
2 Proclamation: Dr. Angelo Perry Thrower Day -- in recognition of his
success as an outstanding physician, dermatologist as well as numerous
endeavors toward the well-being of minorities.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Before we start, I'd like to announce that we have an intern from
Kagoshima, Japan, working here with us, and I'd like to introduce him at this time.
Mayor Clark: All right. Akira Naruo, are you present?
Commissioner Gort: Yeah. He's going to be working with us as an intern from Kagoshima,
Japan. He's going to be working with us as an intern from Kagoshima, Japan. He's going to be
spending some time here. He works at City Hall over there.
Mayor Clark: Very good. Just don't attend too many Commission meetings. Thank you for
being here.
Vice Mayor Plummer: And if you want to know how not to do things, come into my office, and
you'll get all kinds of experience.
----------------------------------------------------------------------------------------------------------------
2. (A) MAYOR CLARK ANNOUNCES THAT THE CITY OF MIAMI WILL
BE HOSTING U.S. CONFERENCE OF MAYORS IN JUNE,1995.
(B) INSTRUCT MANAGER TO PREPARE AGENDA FOR JANUARY
26TH MEETING, FURTHER ANNOUNCING THAT ON THAT DATE
THE COMMISSION WOULD CONTINUE THE COMPLETE
AGENDA TO THE REGULAR COMMISSION MEETING
SCHEDULED FOR FEBRUARY 9, 1995.
Mayor Clark: Now, let me make an announcement. Members of the Commission... Where's
Victor?
Vice Mayor Plummer: Victor's over here, sir.
Mayor Clark: All right. Where is Miller? Miller?
Vice Mayor Plummer: I don't know where Miller is.
Commissioner Gort: He went down to show the doctor something.
2 January 12, 1995
Mayor Clark: As a result... We are hosting the United States Conference of Mayors in the
month of June here in the City of Miami, the first time it's ever happened. It's going to be a big,
big show, I can tell you that. And we must attend a very private session in Washington, the
Manager, and myself, and others, on the 25th, and 26th, and 27th. So we're moving the schedule
of the meeting date of January the 26th to a combined meeting on February the 9th at nine a.m.
Vice Mayor Plummer: Wait, wait a minute.
Mayor Clark: I'll make that motion. Is there a second?
Vice Mayor Plummer: Say again, Mr. Mayor.
Mayor Clark: From February... From January the 26th to February the 9th at nine a.m.
Vice Mayor Plummer: Can't do it, Mr. Mayor, I'm sorry.
Mayor Clark: Why not?
Vice Mayor Plummer: Because you have to have, by Charter, you have to have two meetings in
every month.
Mayor Clark: We didn't in the month of November or didn't in the month of October.
Vice Mayor Plummer: No, you can have one meeting this morning and one this afternoon, if its
advertised. Excuse me. Why am I saying this?
A. Quinn Jones, III, Esq. (City Attorney): You didn't ask me.
Vice Mayor Plummer: Well, OK.
Mr. Jones: You're absolutely right that the Charter calls for two meetings, but there's a past
precedent where you've only had one meeting during a given month.
Vice Mayor Plummer: Well, hey, if it's legal, that's fine with me. I have no problem, Mr.
Mayor.
Mayor Clark: Well, the Manager must be with me, and I don't want to miss a meeting, and the
Manager doesn't want to miss a meeting.
Vice Mayor Plummer: I concur.
Mayor Clark: How can we do it, Mr. Attorney?
Mr. Jones: How do you do it? You want to have the combined meeting, so just schedule it as
you said. You want the meeting moved from the 26th, and have a combined meeting on
February 9th. Is that what you indicated?
Mayor. Clark: Well, I could meet on the 31st, but I don't want to bring them down here on the
31st of January.
Vice Mayor Plummer: No, no, no.
Commissioner Gort: What's the story on the 26th, Mr. Mayor?
3 January 12, 1995
I
Mayor Clark: No. I think... We've got to be in Washington.
Vice Mayor Plummer: All right. What do you want, Mr. Mayor? What day? Have it combined
on the 9th of February?
Mayor Clark: 9th of February.
Mr. Jones: What you do is have the P&Z (Planning and Zoning) meeting for the afternoon.
Mayor Clark: That's all right.
Mr. Jones: Yeah.
Mayor Clark: All right.
Vice Mayor Plummer: So moved.
Commissioner De Yurre: We're supposed to have two meetings in one month.
Mayor Clark: We're just checking that out, Victor.
Commissioner Dawkins: You know...
Commissioner De Yurre: Mr. Mayor, what about the fact that we're supposed to have two
meetings in a given month?
Vice Mayor Plummer: Well, that's the question that I asked.
Mr. Jones: That's what we just discussed, Commissioner. You're absolutely right, the Charter
does require two meetings. It doesn't say they have to be on two separate days.
Commissioner De Yurre: OK. But they do have to be in the same month.
Mr. Jones: Yes, two meetings a month.
Commissioner De Yurre: So right now, we're just looking at one meeting, which is today,
because we could never break this into two, because it hasn't been announced. So we're stuck
with having to have, by Charter, another meeting sometime in January.
Mr. Jones: Yeah.
Vice Mayor Plummer: Well, you know, let me tell you, I think the way to do it, Mr. Mayor...
Mayor Clark: Yes, sir.
Vice Mayor Plummer: ... is that we have no agenda for the meeting of September the 26th...
January the 26th, we come, we meet, we adjourn until February the 9th. Then, we're in
compliance with the Charter, and, you know, we know what we're doing, but at least we've
complied, and I would suggest that's what we do. It doesn't have to be the 26th of January. It
could be any, any day you want.
Mayor Clark: Yes. Well, the case is that we must both be out of town, and I don't want to miss
a meeting, and the Manager doesn't want to miss, but we've got to be there. This is a big show
for us here, the United States Conference of Mayors. They're coming from everywhere in June.
4 January 12, 1995
Commissioner Dawkins: What about the...
Vice Mayor Plummer: My condolences, having to go to Washington that time of the year.
Mayor Clark: Yes. I don't enjoy it. We froze up...
Vice Mayor Plummer: Well, Mr. Mayor, if it's within accord of your thinking, I would make a
motion at this time that the City Manager be instructed to prepare an agenda for the January
meeting of minus one item, and that all other items will be continued over to February the 9th
meeting, and I would so move.
Mayor Clark: All right. Second? Mr. Dawkins, you have the floor.
Commissioner Dawkins: What about all the people - that's a Zoning meeting - all the people
who have prepared, and who have lawyers and all. What are you going to do about that?
Mayor Clark: We have enough time to notify them.
Vice Mayor Plummer: We're going to see them on February the 9th.
Commissioner Dawkins: We've got time to... You're going to notify them?
Mayor Clark: Yes, sir. Where is Sergio?
Vice Mayor Plummer: Yeah.
Commissioner Gort: They have to.
Commissioner Dawkins: OK, long as you notify them.
Mayor Clark: Oh, yeah. We wouldn't do this if it wasn't... They called the meeting, so we
didn't have...
Commissioner Dawkins: What kind of meeting are you all going to?
Mayor Clark: This is pre...
Commissioner Dawkins: What kind of meeting are we going to? Because I'm going with you
all.
Mayor Clark: All right. Fine. This is the United States Conference of Mayors.
Commissioner Dawkins: Oh, no, I'm not going to that.
Mayor Clark: All right.
Vice Mayor Plummer: That's not a violation of Sunshine. That's moonshine.
Commissioner Dawkins: No, I'm not going to that. It's too cold, Mr. Mayor.
Mayor Clark: I know, it's very cold.
Commissioner Dawkins: OK.
5 January 12, 1995
Mayor Clark: All right.
Vice Mayor Plummer: Can I... Mr. Mayor...
Mayor Clark: That being the case, call the roll on the change.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO.95-1
A MOTION INSTRUCTING THE ADMINISTRATION TO PREPARE THE
AGENDA FOR THE JANUARY 26, 1995 CITY COMMISSION MEETING WITH
THE INTENT TO CONTINUE AT THAT TIME ALL THE ITEMS ON THE
AGENDA TO THE MEETING OF FEBRUARY 9, 1995.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: Be sure the record states why we have the change, that it's an
emergency, the meeting was called, and we had to cancel it.
----------------------------------------------------------------------------------------------------------------
3. COMMISSIONER PLUMMER RECOMMENDS THAT ADMINISTRATION
MODIFY ANNOUNCEMENTS APPEARING CABLE ON CHANNEL 9 SO
THAT THE ADS PROVIDE MORE IN-DEPTH INFORMATION ON
COMMISSION AGENDA ITEMS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, I would strongly recommend to the people in charge of
Channel 9, yesterday, in watching the channel, they talked about all of the items. Mr. Manager,
they did not show that all of the grants that are proposed on today's agenda were coming from
the Law Enforcement Trust Fund, which would give the impression to the watcher of the TV
that, in fact, it's coming from the general fund. These are monies that are confiscated monies
that were approved by the Police Department, but it does not so state that on the Channel 9, and I
think it would be more beneficial that if, in fact, it was known that there were monies
confiscated. I would also suggest, sir, that you might want, because you're trying to fill up time
on that channel, that you might, on each item, give a little bit more in-depth than what is there
now, other than just what is the item. Just for thought. Thank you, Mr. Mayor.
6 January 12, 1995
Mayor Clark: Thank you, sir.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
4. (A) CONSENT AGENDA.
(B) DISCUSS AND DEFER CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE LAW OFFICE OF HANZMAN AND
CRIKEN, P.A. TO ACT AS CO -COUNSEL WITH CHRISTOPHER G.
KORGE OF ZACK, PONCE, TUCKER, KORGE & GILLESPIE, P.A.
(FORMERLY ZACK, HANZMAN, PONCE, TUCKER, KORGE &
GILLESPIE, P.A.) REGARDING LEGAL REPRESENTATION OF THE
CITY IN CONNECTION WITH WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORPORATION vs. THE CITY -- SET
SPECIAL ATTORNEY -CLIENT, CLOSED DOOR MEETING
CONCERNING ONGOING LITIGATION BETWEEN THE CITY AND
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION.
(C) CHANGE STARTING TIME OF FEBRUARY 9, 1995 MEETING TO
8:00 A.M. -- STIPULATE REGULAR MEETING WOULD RESUME
UPON CONCLUSION OF THE SPECIAL ATTORNEY -CLIENT
CLOSED DOOR MEETING.
(D) COMMISSIONER DE YURRE CONGRATULATES MIAMI
EXHIBITION AND SPORTS AUTHORITY FOR RECEIVING
AWARD.
(E) VICE MAYOR PLUMMER RESTATES COMMISSION POLICY
THAT NO MONIES SHALL BE DISBURSED BY THE CITY TO ANY
INDIVIDUAL AND/OR GROUP EXCEPT UPON PRESENTATION OF
INVOICES / BILLS TO BE APPROVED BY CITY MANAGER.
(F) BRIEF COMMENTS BY MANAGER CONCERNING PROPOSED
RESOLUTION TO AUTHORIZE EXECUTION OF REVOCABLE
PERMIT WITH HI -TIDE WATER SPORTS, INC. d/b/a TONY'S JET
SKI RENTALS -- FOR USE OF VACANT AREA AT MARINE
STADIUM MARINA (f/k/a VIRGINIA KEY MARINA) -- TO ALLOW
FOR CONTINUED OPERATION OF THE JET SKI RENTAL / SALES
OPERATION WITH HI -TIDE WATER SPORTS, INC. -- STIPULATE
PRESENT RATE WILL CONTINUE UNTIL COMMISSION DECIDES
OTHERWISE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: On the consent agenda.
Vice Mayor Plummer: I would wish to pull item 15, 18 and 33.
Mayor Clark: Can you hold it just a minute, Commissioner Plummer?
Vice Mayor Plummer: I'm sorry.
Mayor Clark: These are items withdrawn prior to the distribution of the agenda: Item 8, item
40... That's the regular agenda.
7 January 12, 1995
Vice Mayor Plummer: Correct.
Mayor Clark: Forty-three, 45, 48. And from the consent agenda, items 22, 23, 24, 28, 29, 30 of
the consent agenda; 30 of the regular agenda, and 31 on the regular agenda.
Vice Mayor Plummer: You missed 27, Mr. Mayor.
Mayor Clark: What's that?
Vice Mayor Plummer: Twenty-seven, also.
Mayor Clark: On the consent agenda?
Vice Mayor Plummer: No, regular.
Mayor Clark: Regular, all right. Twenty-seven, 30, and 31.
Vice Mayor Plummer: I will ask at a later time the justification of withdrawing 30 and 31.
Mayor Clark: They are on the... to withdraw them?
Vice Mayor Plummer: No. I want to know why they were withdrawn, but I'll wait for my
answer.
Mayor Clark: They were just on the list here from the Manager's office.
Vice Mayor Plummer: Yeah.
Mayor Clark: All right. You have additions to this, Mr. Plummer?
Vice Mayor Plummer: I'm sorry, sir?
Mayor Clark: Do you have any additions to the consent agenda?
Vice Mayor Plummer: Additions or withdrawals?
Mayor Clark: I mean withdrawals.
Vice Mayor Plummer: Number 15, 18 and 33, sir, please.
Mayor Clark: Fifteen, 18 and 33. Mr. Gort?
Commissioner Gort: I don't have any. You all pulled all of them. I'd like to know later on why
they were pulled.
Mayor Clark: All right. Mr. Dawkins.
Commissioner Dawkins: I sent a memo with mine, sir.
Commissioner Gort: Fifteen, 18.
Mayor Clark: Do you have the number on it?
Vice Mayor Plummer: Fifteen, 18, 33.
8 January 12, 1995
Commissioner Dawkins: No, I don't, sir.
Mayor Clark: Which ones did Mr. Dawkins wish to be removed?
Vice Mayor Plummer: It's been removed.
Mr. Cesar Odio (City Manager): They were removed.
Commissioner Dawkins: Yes, sir. I sent a memo.
Mayor Clark: OK.
j Commissioner Dawkins: I don't know which ones they were but...
Mayor Clark: Mr. De Yurre.
Commissioner Gort: Twenty-two, 23, 24.
Mr. Odio: Twenty-two, 23...
Commissioner Gort: Twenty-eight, 29, and 30.
Mr. Odio: They were withdrawn prior to issuing the agendas.
Commissioner De Yurre: Mr. Mayor, I want to know if 33 is going to be discussed at all today,
because I do need to bring up a couple of points in reference to that item.
Mayor Clark: Which item?
Commissioner De Yurre: Thirty-three, the one that J.L. pulled.
Commissioner Dawkins: Yeah. Hold it. Let me get a list of what I did pull, Mr. Mayor.
Mayor Clark: All right.
Vice Mayor Plummer: No, it's for discussion for me.
Commissioner De Yurre: Oh, OK.
Vice Mayor Plummer: Yeah. No, no, no, I'm not wanting to pull it. I just want to discuss the
item.
Mr. Odio: We have to change the resolution to read "Republic National Bank of Miami."
Vice Mayor Plummer: Well, I have some other ideas on that, Mr. Manager.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, if I might, in conjunction with CA-18,
which Commissioner Plummer asked be pulled, I should advise you that there has been a
9 January 12, 1995
settlement reached in this particular case. You have the option... You have two options,
basically, because you're going to have to vote on the settlement as a Commission. You can
either go into a closed session between myself and you wherein you can vote on it. It would be
closed to the public, the only thing being that you'd have to announce a date and time certain
that you would hear this. Or you can do as you done in the past, have a vote on it in open session
at the meeting. But you should know that the public records law does have a new provision
which allows you to have a closed session with the attorney, City Attorney, the only requirement
being that there be a court reporter present, and once the litigation is concluded, then, of course,
the transcript of that session has to be made public.
Vice Mayor Plummer: I would move that that meeting be scheduled for eight a.m. on February
the 9th.
Mayor Clark: At that morning.
Mr. Odio: Eight a.m.?
Vice Mayor Plummer: Eight a.m., yes.
Mr. Odio: OK. Back here?
Vice Mayor Plummer: Wherever the City Attorney wants it. I think it's best in your conference
room.
Mr. Jones: Yeah. We'll use it even...
Vice Mayor Plummer: It's up to him.
Mr. Jones: It's up to you. Either the... you know... OK. But I think we need to, you know, send
out the notice, we'll have to state where it's going to be.
Mayor Clark: All right. Fine. February, that's February the 9th on item 18.
Vice Mayor Plummer: Right.
10 January 12, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-1.1
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner De Yurre: Mr. Mayor, while we're waiting for Commissioner Dawkins, I'd like
to take the opportunity to congratulate the Miami Sports and Exhibition Authority for being
named the foremost sports commission for 1994 by the International Sports Summit, up in New
York. And it's an award that was given last year to L.A. (Los Angeles), and this year, Miami
gets it for the work that the Authority has been doing over the years, particularly in landing the
1996 Soccer Olympic Games that we're going to be having here at the Orange Bowl. So
congratulations to the members of the board, and Bill Perry, and J.L., who is the Chairman at this
point in time, and former Chairman, and, of course, myself, who started this whole thing years
ago.
Mayor Clark: All right. Congratulations.
11 January 12, 1995
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: Mr. Mayor, I pulled CA-22, 23, 24, 28, 29, and 30.
Mayor Clark: That's what I have stated.
Vice Mayor Plummer: Mr. Mayor, if I may, before we take a vote.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: I want to make sure that in all of these items, Mr. Manager, that the new
policy of this Commission will be adhered to, that we will not be, even from the Law
Enforcement Trust Funds, be giving out a pot full of money; that all money will be disbursed on
the presentation of bills, which will be approved by Internal Audit. So in other words, we're
saying that it shall not exceed "X" amount of money, if there's not legitimate bills put in for,
there will not be any further disbursements. But everyone must surrender bills approved by
whoever you designate, and upon that, will be paid not to the individual, but to the bills.
Mayor Clark: All right. Is there anyone present who wants to speak on any items that we've
named in the consent agenda? Hearing none...
Vice Mayor Plummer: I'll move it. I'm sorry. You have a question?
Commissioner Gort: I'd like to ask you a question. Are these items being pulled because we
want to hear it in the regular meeting? Is that why they're being pulled?
Mayor Clark: Apparently.
Vice Mayor Plummer: Which item?
Commissioner Gort: All of those items in the consent agenda.
Vice Mayor Plummer: They're carried automatically over to the next agenda unless some
Commissioner wants to bring it up later.
Commissioner Gort: Because that was my understanding. When we pull any of these items, it's
to come back next meeting.
Mayor Clark: Yeah.
Commissioner Dawkins: Yeah, come back, come back for discussion.
Mayor Clark: Public hearing.
Commissioner De Yurre: I need to talk about 33 today.
Commissioner Dawkins: CA-33?
12 January 12, 1995
Commissioner De Yurre: Yeah.
Mr. Odio: On CA-15...
Commissioner Dawkins: Well, I don't know who... Well...
Mr. Odio: Mr. Mayor, on CA-15, this is a contract. We took over the boatyard in Dinner Key,
and we are entering direct contact with the jet skis that are there to pay us.
Vice Mayor Plummer: Mr. Manager, would you talk with your Property Manager, please. I had
a discussion with him this morning, and we are in concurrence to pull this item. Sir, it will
contin... Sir, it will continue at the present rate until it comes back before this Commission. I
didn't overstep your bounds.
Mr. Odio: No, no, no. It's that...
Vice Mayor Plummer: I'm going to get you a better deal, sir, is what I'm hoping for.
Mayor Clark: Anything further? It's been moved by Mr. Plummer.
Commissioner Gort: I'll second.
Mayor Clark: All right. Call the roll, Madam Clerk.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT TERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY VICE
MAYOR PLUMMER AND SECONDED BY
COMMISSIONER GORT, THE CONSENT AGENDA
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
13 January 12, 1995
4.1. AUTHORIZE PAYMENT OF PARKING FEES, FOR STORAGE OF SEIZED
VEHICLES, IN GOVERNMENT CENTER PARKING GARAGE #5 -- ALLOCATE
$15,000 FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 95-2
A RESOLUTION AUTHORIZING THE PAYMENT OF PARKING
FEES, FOR THE STORAGE OF SEIZED VEHICLES, IN THE
GOVERNMENT CENTER PARKING GARAGE #5, AT A COST NOT
TO EXCEED $15,000, AND ALLOCATING FUNDING THEREFOR
FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURE HAVING BEEN APPROVED 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.)
4.2 AUTHORIZE FUNDING FOR THE AFRICAN-AMERICAN COUNCIL OF
CHRISTIAN CLERGY, INC. -- ALLOCATE $18,000 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
RESOLUTION NO.95-3
A RESOLUTION AUTHORIZING FUNDING FOR THE AFRICAN-
AMERICAN COUNCIL OF CHRISTIAN CLERGY, INC., AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $18,000, FROM THE LAW ENFORCEMENT TRUST FUND,
SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF
OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE,
CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.3. AUTHORIZE FUNDING OF ASPIRA OF FLORIDA, INC. -- ALLOCATE $15,000
FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO.95-4
A RESOLUTION AUTHORIZING THE FUNDING OF ASPIRA OF
FLORIDA, INC., AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $15,000, 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.)
14 January 12, 1995
4.4. AUTHORIZE FUNDING OF THE "SEVENTH PERIOD", A PRODUCTION SERIES
BY GUSMAN CENTER FOR THE PERFORMING ARTS -- ALLOCATE $17,000
FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 95-5
A RESOLUTION AUTHORIZING THE FUNDING OF THE
"SEVENTH PERIOD," A PRODUCTION SERIES BY THE GUSMAN
CENTER FOR THE PERFORMING ARTS, AND ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $17,000,
FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTE,
CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.5. AUTHORIZE FUNDING OF A PRODUCTION, IN CONJUNCTION WITH
COCONUT GROVE PLAYHOUSE, OF A DOMESTIC VIOLENCE AND ANTI -
CRIME RELATED PLAY ENTITLED "BREAKING THE CYCLE" -- ALLOCATE
$100,000 FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 95-6
A RESOLUTION AUTHORIZING THE FUNDING OF A
PRODUCTION, IN CONJUNCTION WITH THE COCONUT GROVE
PLAYHOUSE, OF A DOMESTIC VIOLENCE AND ANTI -CRIME
RELATED PLAY ENTITLED "BREAKING THE CYCLE" AND
ALLOCATING FUNDING, THEREFOR, IN AN AMOUNT NOT TO
EXCEED $100,000, FROM THE LAW ENFORCEMENT TRUST
FUND, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE
CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE
STATUTES, CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.6. AUTHORIZE FUNDING FOR COCONUT GROVE FAMILY AND YOUTH
INTERVENTION CENTER -- ALLOCATE $13,200 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
RESOLUTION NO. 95-7
A RESOLUTION AUTHORIZING FUNDING FOR THE COCONUT
GROVE FAMILY AND YOUTH INTERVENTION CENTER, AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $13,200, FROM THE LAW ENFORCEMENT TRUST FUND,
SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF
OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE,
CHAPTER 932.7055, AS AMENDED.
15 January 12, 1995
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.7. AUTHORIZE PURCHASE OF 1,500 LAW ENFORCEMENT HANDBOOKS FROM
METRO DADE COUNTY POLICE DEPARTMENT -- ALLOCATE $13,350.
RESOLUTION NO. 95-8
A RESOLUTION AUTHORIZING THE PURCHASE OF 1,500 LAW
ENFORCEMENT HANDBOOKS FROM METRO DADE COUNTY
POLICE DEPARTMENT AT A TOTAL PROPOSED AMOUNT OF
$13,350.00 FOR THE DEPARTMENT OF POLICE; ALLOCATING
FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S
GENERAL OPERATING BUDGET, ACCOUNT NO. 290201-760;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.8. ACCEPT BID: LOU'S GUN SHOP -- FOR FURNISHING 17 TACTICAL BALLISTIC
VESTS -- FOR POLICE DEPARTMENT -- ALLOCATE $10,982.
RESOLUTION NO.95-9
A RESOLUTION ACCEPTING THE BID OF LOU'S GUN SHOP FOR
THE FURNISHING OF SEVENTEEN (17) TACTICAL BALLISTIC
VESTS AT A TOTAL PROPOSED AMOUNT OF $10,982.00 FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR
FROM THE POLICE DEPARTMENT'S GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 290201-075; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.9. ACCEPT BID: SPACE MASTER INTERNATIONAL, INC. -- FOR FURNISHING A
MOBILE OFFICE TRAILER -- FOR POLICE DEPARTMENT -- ALLOCATE
$15,996.
RESOLUTION NO. 95-10
A RESOLUTION ACCEPTING THE BID OF SPACE MASTER
INTERNATIONAL, INC. FOR THE FURNISHING OF A MOBILE
OFFICE TRAILER AT A TOTAL PROPOSED AMOUNT OF
$15,996.00 FOR THE DEPARTMENT OF POLICE; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO. 299401-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS ACQUISITION.
16 January 12, 1995
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.10. ACCEPT BID: NATIONAL COMPUTER SYSTEMS -- FOR FURNISHING AN
OPTICAL MARK SCANNER -- FOR POLICE DEPARTMENT -- ALLOCATE
$16,482.40.
RESOLUTION NO.95-11
A RESOLUTION ACCEPTING THE BID OF NATIONAL COMPUTER
SYSTEMS FOR THE FURNISHING OF AN OPTICAL MARK
SCANNER FOR A TOTAL PROPOSED AMOUNT OF $16,482.40 FOR
THE DEPARTMENT OF POLICE; ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND,
ACCOUNT CODE NO. 290904-996, PROJECT NO. 690001, SUCH
EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE
STATUTE 932.7055, AS AMENDED; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.11. ACCEPT BID: FLORIDA LEVEL & TRANSIT COMPANY, INC. -- FOR
FURNISHING A SURVEY TOTAL STATION, ELECTRONIC FIELD BOOK AND
ACCESSORIES -- FOR PUBLIC WORKS DEPARTMENT -- ALLOCATE $12,905.
RESOLUTION NO. 95-12
A RESOLUTION ACCEPTING THE BID OF FLORIDA LEVEL &
TRANSIT COMPANY, INC. FOR THE FURNISHING OF A SURVEY
TOTAL STATION, ELECTRONIC FIELD BOOK AND
ACCESSORIES AT A TOTAL PROPOSED AMOUNT OF $12,905.00
FOR THE DEPARTMENT OF PUBLIC WORKS; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO. 310301-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
17 January 12, 1995
4.12. RATIFY MANAGER'S EMERGENCY ACTION IN ESTABLISHING SPECIAL
CHARGES / TERMS / CONDITIONS FOR USE OF PORTION OF ORANGE BOWL
STADIUM BY CONCACAP -- FOR PRESENTATION OF "LA COPA"
INTERNATIONAL SOCCER FINALS -- EXECUTE AGREEMENT.
RESOLUTION NO. 95-13
A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S EMERGENCY
ACTION IN ESTABLISHING SPECIAL CHARGES, TERMS AND
CONDITIONS FOR THE USE OF A PORTION OF THE ORANGE
BOWL STADIUM BY CONCACAF, A NON-PROFIT
ORGANIZATION, ON DECEMBER 2ND AND 4TH, 1994, FOR THE
PRESENTATION OF "LA COPA" INTERNATIONAL SOCCER
FINALS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND CONCACAF FOR THIS
PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.13. EXECUTE AGREEMENT WITH JUAN M. DIAZ -- FOR PROFESSIONAL
GEOGRAPHIC DATABASE SERVICES IN CONNECTION WITH THE CITY'S
GEOGRAPHIC INFORMATION SYSTEM (GIS) ADVANCEMENT -- ALLOCATE
$26,000 (FOR THE PERIOD JANUARY 1, - DECEMBER 30, 1995).
RESOLUTION NO.95-14
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH JUAN M. DIAZ, FOR
PROFESSIONAL GEOGRAPHIC DATABASE SERVICES IN
CONNECTION WITH THE CITY'S GEOGRAPHIC INFORMATION
SYSTEM (GIS) ADVANCEMENT, IN THE AMOUNT OF $26,000
FOR THE PERIOD JANUARY 1, 1995 TO DECEMBER 30, 1995;
ALLOCATING FUNDS THEREFOR FROM THE 1994/95
OPERATING BUDGETS OF THE DEPARTMENTS OF POLICE
ACCOUNT, CODE NO. 290201, AND PLANNING, BUILDING AND
ZONING, ACCOUNT CODE NO.560701.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
18 January 12, 1995
4.14. CLAIM SETTLEMENT: MERT & CAROLYN PAUL ($53,750).
RESOLUTION NO.95-15
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY MERT PAUL & CAROLYN PAUL, HIS WIFE, THE SUM OF
$53,750.00, 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. 93-12943 CA
(30); ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.15. ENGAGE LAW FIRM OF MERSHON, SAWYER, JOHNSTON, DUNWOODY &
COLE TO SERVE AS COUNSEL FOR THE CITY SPECIFICALLY FOR
PREPARATION OF DOCUMENTATION RELATED TO HEALTH INSURANCE
ISSUES -- ALLOCATE $40,000.
RESOLUTION NO. 95-16
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF THE
LAW FIRM OF MERSHON, SAWYER, JOHNSTON, DUNWODY &
COLE ("MERSHON SAWYER") TO SERVE AS COUNSEL FOR THE
CITY OF MIAMI SPECIFICALLY FOR THE PREPARATION OF
DOCUMENTATION RELATED TO HEALTH INSURANCE ISSUES;
FURTHER ALLOCATING FUNDS THEREFOR, IN AN AMOUNT
NOT TO EXCEED $40000, FROM ACCOUNT NO. 672001-400501-270
FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.16. DESIGNATE AGADIR, MOROCCO, AS A SISTER CITY.
RESOLUTION NO. 95-17
A RESOLUTION DESIGNATING THE CITY OF AGADIR,
MOROCCO, AS A "SISTER CITY' OF THE CITY OF MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
19 January 12, 1995
4.17. DESIGNATE COCHABAMBA, BOLIVIA, AS A SISTER CITY.
RESOLUTION NO.95-18
A RESOLUTION DESIGNATING THE CITY OF COCHABAMBA,
BOLIVIA, AS A "SISTER CITY" OF THE CITY OF MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.18. AUTHORIZE SUBSCRIPTION TO
NETWORK (FETN) -- FOR FIRE
PROGRAMS -- ALLOCATE $5,621.76.
THE FIRE EMERGENCY TELEVISION
AND RESCUE INSERVICE TRAINING
RESOLUTION NO.95-19
A RESOLUTION AUTHORIZING SUBSCRIPTION TO THE FIRE
EMERGENCY TELEVISION NETWORK (FETN) FOR FIRE AND
RESCUE INSERVICE TRAINING PROGRAMS AT A TOTAL
ANNUAL COST OF $5,621.76; ALLOCATING FUNDS THEREFOR
FROM THE CITY OF MIAMI FIRE -RESCUE DEPARTMENT
GENERAL OPERATING BUDGET, INDEX CODE NO. 280201-870;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.19. AUTHORIZE, MANAGER TO ISSUE REQUEST FOR PROPOSALS (RFP) FROM
MINORITY AND WOMEN -OWNED BANKS -- FOR ESTABLISHMENT OF
SPECIAL CITY OF MIAMI BANK ACCOUNTS -- FOR 2-YEAR PERIOD, ONE
EACH WITH AN HISPANIC, BLACK AND WOMEN -OWNED BANK.
RESOLUTION NO. 95-20
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"),
IN SUBSTANTIALLY THE ATTACHED FORM, FROM MINORITY
AND WOMEN -OWNED BANKS FOR THE ESTABLISHMENT OF
SPECIAL BANK ACCOUNTS FOR A TWO-YEAR PERIOD, ONE
EACH WITH AN HISPANIC, BLACK AND WOMEN -OWNED BANK;
ESTABLISHING AND APPOINTING MEMBERS TO A SELECTION
COMMITTEE TO REVIEW SAID RFPS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
20 January 12, 1995
4.20. EXECUTE / DELIVER TO JOSEPH A. & NANCY L. BADIA A DISCLAIMER FOR
TWO EXISTING 6-FOOT WIDE UTILITY EASEMENTS OF TRACT 1, OF E. & J.
SUBDIVISION.
RESOLUTION NO. 95-21
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO EXECUTE AND DELIVER
TO JOSEPH A. BADIA AND NANCY L. BADIA, HIS WIFE, A
DISCLAIMER FOR TWO EXISTING SIX-FOOT WIDE UTILITY
EASEMENTS OF TRACT 1, OF E. & J. SUBD., ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 85, AT PAGE 92
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.21. ACCEPT SIX DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND
APPROVE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE
COUNTY.
RESOLUTION NO. 95-22
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE
CITY OF MIAMI TO ACCEPT SIX (6) DEEDS OF DEDICATION FOR
HIGHWAY PURPOSES AND APPROVING THE RECORDING OF
SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.22. EXECUTE AGREEMENT WITH BOSWORTH AERIAL SURVEYS, INC. -- TO
PROVIDE AERIAL TOPOGRAPHIC SURVEY OF MELREESE GOLF COURSE --
ALLOCATE $10,000 FROM CIP 416048 (RENOVATION OF GOLF COURSES).
RESOLUTION NO.95-23
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH BOSWORTH AERIAL SURVEYS, INC., TO
PROVIDE AN AERIAL TOPOGRAPHIC SURVEY OF MELREESE
GOLF COURSE, AT A COST NOT TO EXCEED $10,000.00;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 416048, ENTITLED "RENOVATION
OF GOLF COURSES," AS PREVIOUSLY APPROPRIATED BY
ORDINANCE NO. 11205, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
21 January 12, 1995
4.23. AUTHORIZE USE OF ALL BUT 100 SPACES OF THE MARINE STADIUM
PARKING LOT TO SATISFY PARKING NEEDS OF VOLUNTEER WORKERS FOR
THE ROYAL CARIBBEAN GOLF CLASSIC TOURNMENT EVENT (JANUARY
31- FEBRUARY 6, 1995).
RESOLUTION NO. 95-24
A RESOLUTION RELATED TO THE ROYAL CARIBBEAN GOLF
CLASSIC TOURNAMENT TO BE HELD ON JANUARY 31ST
THROUGH FEBRUARY 6TH, 1995; AUTHORIZING THE USE OF
ALL BUT 100 SPACES OF THE MARINE STADIUM PARKING LOT
TO SATISFY THE PARKING NEEDS OF THE VOLUNTEER
WORKERS FOR SAID EVENT; SAID AUTHORIZATION
CONDITIONED UPON THE ORGANIZERS PAYING FOR THE
COSTS OF ALL NECESSARY CITY SERVICES AND APPLICABLE
FEES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.24. APPROVE APPLICATION FOR 3-DAY STATE LIQUOR PERMIT BY BLENHEIM
TRADE SHOWS, INC. -- FOR DISPLAY BY MANUFACTURORS / DISTRIBUTORS
OF PRODUCTS LICENSED UNDER STATE BEVERAGE LAW, AND FOR
CONSUMPTION ON THE PREMISES OF COCONUT GROVE CONVENTION
CENTER (JANUARY 18-20,1995).
RESOLUTION NO. 95-25
A RESOLUTION OF THE CITY OF MIAMI CITY COMMISSION
EXPRESSING APPROVAL OF THE APPLICATIONS FOR A THREE-
DAY STATE LIQUOR PERMIT BY BLENHEIM TRADE SHOWS,
INC., FOR THE DISPLAY BY MANUFACTURERS OR
DISTRIBUTORS OF PRODUCTS LICENSED UNDER THE STATE
BEVERAGE LAW, AND ALSO FOR CONSUMPTION OF SUCH
BEVERAGES ON THE PREMISES OF THE COCONUT GROVE
CONVENTION CENTER, MIAMI, FLORIDA, DURING THE PERIOD
OF JANUARY 18-20, 1995, SUCH APPROVAL BEING A
STATUTORY REQUISITE PRIOR TO THE STATE'S ISSUANCE OF
SAID PERMIT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
22 January 12, 1995
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5. (A) BRIEF COMMENTS BY MANAGER CONCERNING PROPOSED
RESOLUTION TO AUTHORIZE EXECUTION OF REVOCABLE
PERMIT WITH HI -TIDE WATER SPORTS, INC. d/b/a TONY'S JET
SKI RENTALS -- FOR USE OF VACANT AREA AT MARINE
STADIUM MARINA (f/k/a VIRGINIA KEY MARINA) -- TO ALLOW
FOR CONTINUED OPERATION OF THE JET SKI RENTAL / SALES
OPERATION (ON A MONTH -TO -MONTH BASIS).
(B) DISCUSSION CONCERNING ST. HUGH OAKS LAWSUIT.
(C) BRIEF COMMENTS CONCERNING HABITAT FOR HUMANITY
AND THE NEED FOR EVALUATION OF HOUSING.
Vice Mayor Plummer: Mr. Mayor, may I inquire, if I may, of the City Attorney?
Mayor Clark: Surely.
Vice Mayor Plummer: Mr. City Attorney, I am concerned, as I drive by every day, St. Hugh
Oaks, as it sits there deteriorating, because of what's going on. Am I of the impression, sir, that
those who have filed a lawsuit stopping any action, which I don't think we instructed to do, that
they are going... If we prevail, which I feel we will in the lawsuit, that they are aware that any
expenses incurred by their delay of this thing is going to be collected from them?
A. Quinn Jones, III, Esq. (City Attorney): Well, I don't think, at this point, the nature of the
action, we have not filed the counterclaim seeking any damages. If the lawsuit was in the nature
of injunctive relief, basically to enjoin the City from going forth. You should know, and I did
advise you that the Court did deny the writ, the injunctive relief; however, that is on appeal now.
But to answer your question, if you're instructing me to somehow file a claim seeking delay
damages or whatever, certainly, we can do that.
Vice Mayor Plummer: Well, you know, I'm sure that there is a cost factor for the delay.
Mr. Cesar Odio (City Manger): No, no, no, there's no delay.
Mr. Herb Bailey (Assistant City Manager): It's not being delayed because of the lawsuit. We
don't have a CO (certificate of occupancy) yet. The contractor hasn't finished. We have to put
water meters in. The contractor has not released the property to us. It is not finished.
Vice Mayor Plummer: All right. So in other words...
Commissioner Dawkins: But we instructed the Administration - and if I'm in error, I want
somebody on this Commission to correct me - we instructed the Administration to go ahead and
do whatever you had to do to start acquiring people's applications who wanted to purchase the
property. Are we doing that?
Mr. Bailey: We have done that, Commissioner, but we're waiting for the property to be turned
over to us. As soon as we get... the contractor gets a CO, we can proceed.
Vice Mayor Plummer: How many app... Oh, I'm sorry.
Mr. Bailey: Applications have been taken. We have them on file, and we're interviewing
people. That is not the reason it's sitting there.
23 January 12, 1995
Commissioner Dawkins: That's what I was asking.
Vice Mayor Plummer: How many applications do you have?
Mr. Bailey: Quite a few, Commissioner. I don't know the exact number.
Vice Mayor Plummer: Is that two hundred? Four thousand? Eight? How many,
approximately? Three dozen?
Mr. Bailey: Approximately about fifty.
Vice Mayor Plummer: Five -zero.
Mr. Bailey: Five -zero.
Vice Mayor Plummer: OK. And this thing has been fully advertised.
Mr. Bailey: We have advertised, and we have people coming in. We're interviewing. We've
done a lot of work.
Vice Mayor Plummer: Is there a reason why I have not seen it advertised on Channel 9, which is
free?
Mr. Bailey: Because we put it in the Miami Times, and you don't read the Miami Times.
Vice Mayor Plummer: Well, but I'm thinking is, if we put it on the Channel 9, is there a reason
why it hasn't been...
Mr. Bailey: There is no reason for not putting it on Channel 9. We just didn't do it.
Vice Mayor Plummer: OK. All right. Very well.
Commissioner De Yurre: Mr. Mayor, if I may. Herb, why aren't the water meters installed yet?
Mr. Bailey: It's just a matter... the process of finishing the construction.
Commissioner De Yurre: What stage is it in?
Mr. Bailey: We are at the point of just putting in the meters, that's all we have to do, and get a
Co.
cvCommissioner De Yurre: OK. How long do you expect it to take?
Mr. Bailey: It has to be finally inspected. We hope to have it very soon.
Commissioner De Yurre: Well, no. By when do you expect to have the meters put in?
Mr. Bailey: I don't know exactly, Commissioner, but I could find out today for you from the
contractor.
Commissioner De Yurre: Well, I think, you know, I think that we should know that kind of
thing. I mean, like, if we were in the private sector, we'd have lost our shirt months ago. You
know, there's no reason why... The only reason you don't got a CO is because the water meter is
24 January 12, 1995
not put in. And people play games. They don't put the water meters because people don't want
CO's.
Mr. Bailey: Well we...
Commissioner De Yurre: You know, it works both ways.
Mr. Bailey: Well, what is happening here, we have refused to pay the final balance on the
contract until we get a CO, until everything is completed.
Commissioner De Yurre: OK.
Mr. Bailey: It's just a matter of construction.
Commissioner De Yurre: Well, maybe that's why they're not putting the water meter in,
because they're not, you know, they want...
Mr. Bailey: No, no. We're not going to pay them until they finish.
Vice Mayor Plummer: You know, this...
Commissioner De Yurre: I know that, but I want it finished.
Mayor Clark: Wait a minute. Don't talk so fast. They can't transcribe this stuff. Just relax.
Take it easy.
Commissioner De Yurre: They can put it on thirty-three.
Vice Mayor Plummer: And a third.
Commissioner De Yurre: I'd like to know, Mr. Manager, by this afternoon when we reconvene,
exactly when they expect to have the water meters put in place. Thank you.
Vice Mayor Plummer: Well, Mr. Mayor, you're going to hear some things here. I've got some
information from the Habitat for Humanity, and I want to tell you something. If what... the
statements that were made to these people are anywhere near correct, I'm going to ask, sir, that
we need to have an evaluation of the Housing Department. I'm telling you, these people came to
me over at... Did they come to anybody else yet?
Commissioner Dawkins: No, they didn't come to me, because I pulled the items so that it could
be discussed at the next Commission meeting, so I told them I wouldn't have anything...
Vice Mayor Plummer: No, they're not on this agenda, sir. They're on agenda, I think, in April.
Commissioner Dawkins: No, it was on this agenda.
Vice Mayor Plummer: OK. I'll bring it up later.
Commissioner Dawkins: It was on this agenda.
Vice Mayor Plummer: OK.
Mayor Clark: All right. Are we finished?
25 January 12, 1995
Vice Mayor Plummer: No, not... Not the one they're telling me...
Mayor Clark: Go ahead.
Vice Mayor Plummer: I only have one other question, which we'll wait for pocket items, is fine.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
6. (A) BRIEF COMMENTS ON REPUBLIC NATIONAL BANK OF MIAMI'S
MOVE TO THE OVERTOWN SHOPPING CENTER.
(B) DIRECT MANAGER TO BEGIN NEGOTIATIONS WITH
REPRESENTATIVES OF Z-MART IN CONNECTION WITH ITS
PROPOSED MOVE TO THE SPACE HERETOFORE OCCUPIED BY
THE OVERTOWN NEIGHBORHOOD ENHANCEMENT TEAM
(NET) OFFICE IN THE OVERTOWN SHOPPING CENTER.
Mayor Clark: All right. Let's move forward to number 2.
Commissioner De Yurre: Well, can we visit 33?
Mayor Clark: Thirty-three has been deferred, hasn't it?
Commissioner De Yurre: No, but I need to discuss it.
Vice Mayor Plummer: Yeah, we voted on the consent. Yeah.
Commissioner De Yurre: Mr. Mayor, and it's not really related directly to 33, but it's
peripherally related. It has to do with the Overtown Shopping Center. My understanding is that
Republic National Bank of Miami, one of its conditions for moving into the space is that the
facade program has to be implemented and completed for them to move in there, and it's my
understanding that the Administration, in order to comply with that requirement of the contract,
needs to expedite this on an emergency basis to get it done.
Mr. Cesar Odio (City Manager): I won't do it on an emergency basis. I want it to be voted here
today.
Commissioner De Yurre: Well, to vote it here today, to do it on an emergency basis.
Mr. Odio: Well, OK.
Vice Mayor Plummer: Now, Victor, hold up. Excuse me, now. I was the one that pulled this. I
pulled it for a reason, and let me give you my reason. I had asked the people of the staff who
were working on it to provide me with a list of what we're doing for $200,000. That's an awful
lot of money. I just received that this morning. I would like the opportunity to go over this
thing, and look it over, and justify, in my mind, that money is being well spent. Now, when I
have the time to do that... I hope I can do it before this afternoon, but I think that it behooves
me, for my vote, to know what that money is being spent for, because $200,000 is a lot of
shekels.
Mayor Clark: Let's see if we can find out right now, J.L.
26 January 12, 1995
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Mr. Odio: I understand you voted on that in September, that that money was allocated in
September.
Vice Mayor Plummer: Sir, I asked for a breakdown. I mean, doesn't a Commissioner have the
right to ask questions, how our dollars are being spent?
Mr. Odio: Yes. But can... We'll wait...
Commissioner De Yurre: Well, J.L., if you can help in the process to bring it back this
afternoon.
Vice Mayor Plummer: I'll try at lunchtime to go over this list.
Commissioner De Yurre: OK.
Vice Mayor Plummer: I just got... When did I ask for it? Two days ago? And you had a
problem getting it. That's all I'm saying. Give me time to go over it.
Commissioner De Yurre: OK. And secondly, Mr. Mayor, in conjunction with this, Z-Mart is...
wants to move into the space that's being vacated by the NET (Neighborhood Enhancement
Team) Office.
Vice Mayor Plummer: And I think that's great.
Commissioner De Yurre: And if we could move... They need to move like within the next two
or three weeks. So if we could expedite that process to get them in there, I think it's important
for that area to have that kind of business, retail business there.
Vice Mayor Plummer: They're not going where the NET Office was, are they?
Mr. Odio: You need to vote here today, authorizing...
Commissioner De Yurre: And I would so move that you start negotiating with Z-Mart to get
them in there.
Mr. Odio: All right.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Oh, yeah, yeah. They're going to pay rent. As long as it's understood
that they're not coming back asking for any waivers, and they're paying rent, God bless them. I
hope they need more space in the future.
Commissioner De Yurre: OK.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
27 January 12, 1995
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO.95-26
A MOTION DIRECTING THE CITY MANAGER TO BEGIN NEGOTIATIONS
WITH REPRESENTATIVES OF Z-MART IN CONNECTION WITH ITS PROPOSED
MOVE TO THE SPACE HERETOFORE OCCUPIED BY THE NEIGHBORHOOD
ENHANCEMENT TEAM (NET) OFFICE IN THE OVERTOWN SHOPPING
CENTER.
Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: All right. Move ahead.
Commissioner De Yurre: OK. Thank you, Mr. Mayor.
----------------------------------------------------------------------------------------------------------
7. DISCUSS AND TABLE (UNTIL 4:00 P.M.) CONSIDERATION OF THE
INTERLOCAL AGREEMENT FOR PROPOSED CREATION OF THE
OVERTOWN / PARK WEST REDEVELOPMENT AUTHORITY. (See label
18 & 61)
Mayor Clark: Item number 2.
Commissioner Gort: It will be back later this afternoon.
Mayor Clark: Wait a minute. Incidentally, Commissioner Teele called, and he would like to
hear item 11, concerning the Overtown/Park West Development operation at four o'clock. Is
that all right with you, Miller? He has an MPO (Metropolitan Planning Organization) meeting
and...
Commissioner Dawkins: Yeah, but what input does he have to put with this, when this is
something that's supposed to be agreed upon... I ask that my fellow Commissioners tell me
which way to go with this. I don't see where... I don't personally see where Mr. Teele has any
input into telling this Commission what we should or should not do. Now, once we complete it
and give it to Mr. Teele, I could understand Mr. Teele coming to explain it, but I just don't see
what input he would have.
Mayor Clark: I'm putting forward his request. You don't agree with it, right?
28 January 12, 1995
Commissioner Dawkins: No, sir, I don't.
Mayor Clark: OK. Notify him that it's going to be taken care of here. All right. I just, as a
request, I said, I'll pass it on to Miller.
Commissioner Dawkins: OK.
[END OF DISCUSSION -- ITEM RECONSIDERED LATER]
----------------------------------------------------------------------------------------------------------------
8. DEFER APPOINTMENT OF INDIVIDUAL TO SERVE ON PROPERTY &
ASSET REVIEW COMMITTEE.
Mayor Clark: Item number 2, is there a motion?
Commissioner Dawkins: We've got to appoint someone, Mr. Manager.
Vice Mayor Plummer: Appoint?
Mr. Cesar Odio (City Manager): Yes. Commissioner Dawkins' approval... appointment.
Vice Mayor Plummer: Property and Review.
Commissioner Dawkins: Did I appoint someone, Mr. Manager?
Mr. Odio: You have to appoint someone.
Commissioner Dawkins: Did I? Did I already?
Mayor Clark: Not yet.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Who did I appoint, Mr. Manager?
Mr. Odio: You had appointed Mr. Hall, and he was removed for...
Commissioner Dawkins: For non-attendance.
Mr. Odio: ... for non-attendance.
Vice Mayor Plummer: Don't send him a check.
Mayor Clark: You want to pass on it today, Miller?
Commissioner Dawkins: Yes, sir, please, sir, Mr. Mayor.
AT THIS POINT, AGENDA ITEM 2 WAS DEFERRED.
29 January 12, 1995
------------------------------------------- --------------------------------------------- ------------------------
9. CONFIRM APPOINTMENT OF MICHAEL GOLDSTEIN AND TUCKER
GIBBS TO SERVE ON COCONUT GROVE PARKING ADVISORY
i
COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 3. You have any appointments, J.L.
Commissioner Dawkins: Whose appointment is that?
Vice Mayor Plummer: Huh? Who... Is that mine?
Mayor Clark: I'm going to recommend Michael Goldstein.
Mr. Odio: Michael Samuels and Cynthia Selley have said they do not have...
Vice Mayor Plummer: Whose appointments are they?
Mr. Odio: Let me look.
Commissioner Gort: They're recommending we affirm. That's my understanding.
Vice Mayor Plummer: But whose appointment are they?
Mr. Jones: Village Council's.
Mr. Odio: They are the Village Council's appointments.
Mayor Clark: I recommend Michael Goldstein.
Vice Mayor Plummer: Hold on, Mr. Mayor.
Mr. Odio: The council has recommended Michael Goldstein and Tucker Gibbs.
Commissioner Gort: I'll go ahead and recommend Tucker Gibbs. The Mayor recommends one,
I recommend the other one.
Mayor Clark: All right. Is there a second?
Commissioner Dawkins: Second, Mr. Mayor.
Mayor Clark: With no objection, cast a unanimous ballot, Madam Clerk.
30 January 12, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-27
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE 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 Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
10. APPOINT WILLARD HART TO SERVE AS AN ALTERNATE MEMBER ON
THE CODE ENFORCEMENT BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 4.
Commissioner Dawkins: Number 4, that's Miller Dawkins.
Mayor Clark: Code Enforcement Board. One by you, Mr. Dawkins.
Commissioner Dawkins: I reappoint Mr. Hart, Willard Hart.
Mayor Clark: All right. Second the motion. Cast a unanimous ballot.
Vice Mayor Plummer: That's on 4?
Commissioner Dawkins: Yes, sir.
Mayor Clark: Yes, sir.
31 January 12, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-28
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS AN ALTERNATE
MEMBER ON THE CODE ENFORCEMENT BOARD OF THE CITY OF MIAMI,
FLORIDA, 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 Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: On item 5.
Vice Mayor Plummer: Wait a minute, excuse me. On 4, may I inquire? Mr. Manager, I had an
appointment there that's an alternate. Does that alternate now become automatic member? I
thought that was our process, and I'm asking the question.
Mr. Cesar Odio (City Manager): Commissioner Dawkins lost his appointment, so I think he's
entitled to put someone on that board.
That way, you would end up with two.
Vice Mayor Plummer: Well, excuse me. I'm merely asking for the record. I'm not trying to
get...
Mr. Odio: Well, if you're asking me, I think it's Commissioner Dawkins' appointment.
Vice Mayor Plummer: OK. So in other words, the alternate that I appointed stays as an alternate
until the next go...
Mr. Odio: Yes. Until your vacancy goes away.
Vice Mayor Plummer: Thank you, sir. That's all I wanted to know, was the answer.
32 January 12, 1995
'A
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11. CONFIRM APPOINTMENT OF ANNETTE EISENBERG AND JACK
PEEPLES TO THE BOARD OF DIRECTORS OF DOWNTOWN
DEVELOPMENT AUTHORITY. (See label 16)
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Mr. Mayor, on number 5, I'd like to get approval for this board of the
recommendation of Annette Eisenberg and Jack Peeples, to the DDA (Downtown Development
Authority) Board.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-29
A RESOLUTION CONFIRMING THE APPOINTMENT OF ANNETTE EISENBERG
AND JACK PEEPLES TO THE BOARD OF DIRECTORS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, 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 Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
33 January 12, 1995
-- ---------------------------------------------------------------------------------------------------------
12. (A) APPOINT THERESA KINNEY AND JULIO ALVAREZ TO SERVE
ON OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION.
(Note: Pending still are 3 appointments to be made.)
(B) WAIVE RESIDENCY REQUIREMENT FOR LUISA MURAI, TO
ALLOW HER TO SERVE AS A MEMBER OF HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item. Number 6.
Mr. Cesar Odio (City Manager): This is one appointment for each member of the Commission.
Mayor Clark: You got an appointment, J.L.?
Vice Mayor Plummer: Hold on. Let me look at my...
Commissioner Dawkins: I don't have anybody for 6.
Mayor Clark: How are you, Mr. Gort?
Commissioner Dawkins: I'll get back with you.
Commissioner Gort: I don't have any appointments today.
Mayor Clark: My appointment is Teresa King Kinney.
Vice Mayor Plummer: My appointment is Mr. Julio Alvarez, president of Wolfberg, Alvarez
Engineers.
Mayor Clark: Oh, that's a big outfit. I've got to get a waiver... You got one for this one?
Commissioner Dawkins: Yes, we can move... I move that we waive it.
Mayor Clark: She's on the HEP (Historic and Environmental Preservation) Board right now,
Luisa Murai. Is there a second to that?
Commissioner Dawkins: I second it, that we waive the residency requirement.
Mayor Clark: Cast a unanimous ballot on that.
34 January 12, 1995
The following resolutions were introduced by Mayor Clark, who moved their adoption:
RESOLUTION NO.95-30
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION
FOR TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
RESOLUTION NO.95-30.1
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolutions were passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
------------------------------------- --------------------------------------------------------------------------
13. APPOINT DORIS SCHEER, BRIAN GEENTY & DOREEN LoCICERO TO
SERVE AS REGULAR MEMBERS OF THE PLANNING ADVISORY
BOARD. (Note: Pending still is one appointment to be made.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: You have any appointment on this board, Mr....
Commissioner Dawkins: Which one are we on, the Zoning or Planning?
Mayor Clark: No. This is on the...
Mr. Cesar Odio (City Manager): This is the Planning Advisory Board. There are four vacancies.
35 January 12, 1995
I
i
Vice Mayor Plummer: My appointments are...
Commissioner Dawkins: Four or three?
Vice Mayor Plummer: I have two.
Mayor Clark: One by Gort and two by Plummer.
Commissioner Dawkins: Oh, Plummer has two. That's three.
Vice Mayor Plummer: And both of mine are reappointments. They've done a good job. Mrs.
Doris Scheer of Coral Gate, and Mr. Brian Geenty of Northeast Miami.
Mr. Odio: Then there's one appointment by Commissioner De Yurre, and one by Commissioner
Gort.
Mayor Clark: One by you, Willy.
Commissioner Dawkins: For Planning.
Commissioner Gort: I don't have any one.
Mayor Clark: Mr. De Yurre?
Commissioner De Yurre: I'm reappointing Doreen LoCicero.
Mayor Clark: Who is my appointment there, Mr....
Vice Mayor Plummer: On the Planning Advisory?
Mayor Clark: Yeah.
Vice Mayor Plummer: Oh, I don't know.
Mayor Clark: I don't have any...
Vice Mayor Plummer: Probably none right now. You're lucky.
Mayor Clark: Am I entitled to any?
Vice Mayor Plummer: Under the new scenario, yes. Whoever Xavier appointed will be, at the
end of his term.
�I
Ms. Matty Hirai (City Clerk): Mr. Manager, Mr. Manager.
Mayor Clark: That's all right. That's OK. Let's go to the next one.
Ms. Hirai: There is a page there with the appointments.
Mayor Clark: Occupational License is Teresa King Kinney.
Vice Mayor Plummer: Wait a minute, wait a minute, hold on.
Commissioner Dawkins: We got Zoning Board.
36 January 12, 1995
Vice Mayor Plummer: No, I'm. Let's see. On Planning Board, who... Where is the full list?
We don't have the full list.
A. Quinn Jones, III, Esq. (City Attorney): You have three applications.
Vice Mayor Plummer: No, it's not that. The Mayor is asking the question, who are his
appointments to the Planning Board? I would assume Elba Morales is his.
Commissioner Dawkins: No.
Mayor Clark: No.
Commissioner Dawkins: That was Willy Gort's. I mean, that was Miriam Alonso.
Mr. Odio: Miriam had...
Vice Mayor Plummer: Well, who's on there now? Willy has two.
Mr. Odio: Eladio Ernesto, III.
Vice Mayor Plummer: I had two, I have two. Victor, who are your two?
Commissioner Dawkins: Will the Clerk provide us with a list of appointments to these...
Ms. Hirai: We did. We did, Mr. Commissioner.
Commissioner Dawkins: Ma'am?
Ms. Hirai: We did.
Ms. Teresita Fernandez: Mr. Mayor, you have two persons in the Planning Advisory Board,
Ofelia Tavares Fernandez and Tucker Gibbs.
Commissioner Dawkins: Tucker Gibbs.
Mayor Clark: Tucker Gibbs? OK.
Vice Mayor Plummer: Well, now, wait a minute. He's just been appointed to...
Commissioner Dawkins: When do their terms expire? That's what the Mayor is trying to get to.
Ms. Fernandez: I have to look it up.
Commissioner Dawkins: OK. Here we are right here.
37 January 12, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-31
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS REGULAR
MEMBERS OF THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI,
FLORIDA, TO SERVE 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 Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
14. DEFER APPOINTMENTS TO ZONING BOARD -- INSTRUCT
ADMINISTRATION TO READVERTISE.
Mayor Clark: OK. The next item.
Vice Mayor Plummer: The next item is item 7.
Mr. Cesar Odio (City Manager): Two appointments at large by the City Commission.
Vice Mayor Plummer: One of them is mine, as I remember, and I will defer mine until the next
meeting.
Commissioner Dawkins: What is this? Are we on Planning or Zoning?
Vice Mayor Plummer: Zoning.
Commissioner Dawkins: All right. I'm deferring mine until the next meeting.
Mayor Clark: How about you, Willy?
Vice Mayor Plummer: Willy, Zoning, you're deferring also?
Mayor Clark: Yeah.
Vice Mayor Plummer: All right. All of them are deferred.
38 January 12, 1995
Commissioner Dawkins: Readvertise, Madam Clerk.
END OF DISCUSSION -- NO ACTION TAKEN
-- -------------------------------------------------------------------------------------------------------------
15. APPOINT MICHAELLE VINCENT AND MARIE ROSY TOUSSAINT TO
SERVE ON COMMISSION ON THE STATUS OF WOMEN.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 8.
Mayor Clark: On the Status of Women?
Mr. Cesar Odio (City Manager): These are at large selections.
Commissioner Dawkins: That was withdrawn, wasn't it?
Mr. Odio: You need two of them.
Mayor Clark: Not 8.
Vice Mayor Plummer: Huh?
Commissioner Dawkins: Eight was withdrawn?
Mr. Odio: No.
Vice Mayor Plummer: No, 8, all three Commissioners have deferred.
Mayor Clark: All right.
Commissioner De Yurre: I would nominate Ruby Feria.
Mayor Clark: Where at?
Commissioner De Yurre: For one of the positions.
Mayor Clark: I've got two appointments on there, Madam Clerk?
Commissioner Gort: Mr. Mayor.
Ms. Matty Hirai (City Clerk): Are we on item 8, Mr. Mayor? I am sorry.
Mayor Clark: On the Status of Women.
Ms. Hirai: On the Status of Women. We're going to bring you now a list of all members, if you
give me just one second.
Mayor Clark: I have a recommendation. Yes.
Betty Kaynor: I have a list of all members here. I'm the coordinator, Mayor Clark, and we sent
you a letter, and I have a copy of it.
39 January 12, 1995
Commissioner Gort: Name and address.
Mayor Clark: I've got a copy.
Vice Mayor Plummer: Well, excuse me. Do I recall that we agreed to just appoint all of the
people that they had recommended?
Ms. Hirai: Yes, yes, that's correct.
Ms. Kaynor: Yes, but there are two of the at large that have resigned.
Vice Mayor Plummer: Well, Victor wants to put one.
Mayor Clark: I have this copy in my file.
Commissioner Dawkins: No, I did not agree to appoint everybody. I did not agree to appoint
everybody they recommended. I did not agree to that. OK?
Mayor Clark: Here you are. I have a copy of this letter.
Commissioner Dawkins: I didn't agree to that.
Mayor Clark: I would like to appoint Michaelle Vincent...
Mr. Odio: Which is this board?
Vice Mayor Plummer: Status of Women.
Mayor Clark: ... these are two Haitian ladies. Coordinator of the Haitian Affairs of Dade
County, and Marie Rosy Toussaint, a doctor, a medical doctor.
Commissioner Dawkins: OK.
Commissioner Gort: Second.
Mayor Clark: That's to the Status of Women.
Commissioner De Yurre: For one of these.
Mayor Clark: For the Status of Women.
Commissioner De Yurre: How many openings do we have?
Mayor Clark: I got two, they tell me, so.
Ms. Kaynor: Yes, there are two at large that are there.
Commissioner De Yurre: Are there two for everyone here, at large?
Commissioner Dawkins: Two for everybody, and two at large.
Commissioner De Yurre: No, no.
40 January 12, 1995
Ms. Kaynor: No. Two for the entire...
Commissioner Dawkins: No, no, that's not the way it goes. Every Commissioner has an
appointee.
Commissioner De Yurre: I think there are two vacancies right now.
A. Quinn Jones, III, Esq. (City Attorney): The vacancies are at large, at large vacancies.
Mr. Odio: You have two vacancies, Commissioner.
Commissioner Dawkins: No, no, no. Let's get to the bottom of it. OK? How do we... How do
we put people on the Commission on the Status of Women? How?
Ms. Kaynor: According to your fact sheet, the City Commission nominate via nominations from
the Commission on the Status of Women.
Commissioner Dawkins: No, no, no. OK. Yeah, via... from your nominations. But we do not
have to accept your nominations.
Mayor Clark: That's true.
Commissioner Dawkins: OK. That's right. OK.
Vice Mayor Plummer: Well, if you want to go technically, you've got to reject, and they
renominate other names.
Commissioner Dawkins: OK. Well, that's fine. But I...
Vice Mayor Plummer: That's the same with the DDA (Downtown Development Authority).
Commissioner Dawkins: I do not have any problems with that, as long as I am able to send them
some names, and if they keep sending me names that do not include the names that I send, I keep
sending it back. I don't have a problem with that, as long as we understand the game rules.
Mayor Clark: That's right.
Commissioner Dawkins: That's all.
Vice Mayor Plummer: All right. Well, what are we doing? Are we deferring this item?
Commissioner Dawkins: Yes.
Commissioner Gort: No. The Mayor made the nomination and I seconded it.
Commissioner Dawkins: No.
Ms. Kaynor: You have a nom...
Commissioner Dawkins: I agree with the Mayor, and I think every Commissioner up here will
agree with the Mayor. The Commission on the Status of Women deals with women's issues.
Vice Mayor Plummer: I would hope.
41 January 12, 1995
Commissioner Dawkins: We have a large Haitian population. There are no Haitian women on
that Commission on the Status of Women.
Mayor Clark: There should.
Commissioner Dawkins: So the Mayor says to this Commission, "Let's put two." So I don't
have a problem with it. But I have a problem with them dictating to me who my appointees
should be. Now, the at large, that's fine. It's about time we incorporate these people into the
decision -making processes and what have you. So I second the Mayor's motion, or it's been
seconded, and we can vote on it.
Mayor Clark: All right.
Commissioner De Yurre: Well, before we do that, I need to reconfirm that Ruby Feria is already
a member.
Ms. Kaynor: Yes, she is already on the Commission.
Commissioner De Yurre: OK. Then that's fine.
Mayor Clark: All right. If there's no exception, cast a unanimous ballot, Madam Clerk, on those
two ladies.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 95-32
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN OF THE CITY
OF MIAMI, FLORIDA, TO FILL THE REMAINDER OF UNEXPECTED 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 Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
42 January 12, 1995
- --------------------------------------------------------------------------------------------------------------
16. (Continued discussion) CLARIFYING COMMENTS BY VICE MAYOR
PLUMMER CONCERNING APPOINTMENTS PREVIOUSLY MADE TO
DOWNTOWN DEVELOPMENT AUTHORITY. (See label 11)
Vice Mayor Plummer: Just to make everything legal, can we assume, Mr. Gort, that the two
names proffered from DDA (Downtown Development Authority) were names offered by the
board?
Commissioner Gort: Yes.
Vice Mayor Plummer: Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
17. DEFER APPOINTMENT TO MIAMI WATERFRONT ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Let's go to item number 9.
Mr. Cesar Odio (City Manager): It's Commissioner Gort's appointment.
Vice Mayor Plummer: The Waterfront Advisory?
Mr. Odio: The Waterfront Board.
Commissioner Gort: I'm not making any appointments today.
Mayor Clark: Pass it up.
43 January 12, 1995
Mayor Clark: Item number 10.
i
A. Quinn Jones, III, Esq. (City Attorney): What did he say for number 9?
Mayor Clark: No appointments. I don't have any.
Vice Mayor Plummer: I'll... Mine is... I'll put it over.
Mayor Clark: OK.
Vice Mayor Plummer: That's on 10?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: I'll defer it till the next meeting.
Mayor Clark: All right. Let's move forward.
END OF DISCUSSION -- ITEMS 9 AND 10 WERE DEFERRED.
----------------------------------------------------------------------------------------------------------------
18. CALL SPECIAL MEETING FOR FEBRUARY 2, 1995 AT BOOKER T.
WASHINGTON MIDDLE SCHOOL IN CONNECTION WITH A PROPOSED
AGENCY TO BE CALLED THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT AGENCY -- CITY COMMISSION TO SIT IN ITS
i CAPACITY AS THE AREA COMMUNITY REDEVELOPMENT AGENCY
(CRA) -- MEETING TO BE HELD TO ALLOW CITY AND COUNTY
OFFICIALS AN OPPORTUNITY TO EXPLAIN SAID PROJECT TO AREA
RESIDENTS -- DIRECT MANAGER TO BRIEF COMMISSIONERS --
DIRECT CLERK TO ADVERTISE (See Labels 7 and 61)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 11. That's on the one that Mr. Teele requested a personal appearance on.
It's not going to be granted this time. Do you want to take it up, Miller?
Vice Mayor Plummer: Miller, Miller.
Commissioner Dawkins: Yes, sir.
Mayor Clark: Item 11.
Vice Mayor Plummer: He's speaking about item 11.
Commissioner Dawkins: What item are we on?
Mayor Clark: This is item 11.
Vice Mayor Plummer: Eleven.
I
Mr. Cesar Odio (City Manager): Eleven?
44 _ January 12, 1995 _
Mayor Clark: Southeast Overtown...
Mr. Odio: What happened to the Zoning Board?
Commissioner Dawkins: That's the one that we were going to discuss...
Mayor Clark: Let's pay attention here.
Commissioner Dawkins: Mr. Manager, Mr. Manager, we agreed that we were going to have an
independent advisory board. That's what we agreed.
Mr. Odio: Overtown.
Commissioner Dawkins: Yes, sir, Overtown Advisory.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Then we sat down and had staff draw up...
Mayor Clark: Two options.
Commissioner Dawkins: ... two options. I submitted them to the Commission, but because of
the Sunshine Law, Mr. Mayor, it's impossible for us to get together to discuss which of the two
we want.
Mayor Clark: Sure, that's right.
Commissioner Dawkins: So this morning, I was hoping that this Commission would tell the
Administration...
Mayor Clark: Which option.
Commissioner Dawkins: ... which of the two options they want them to work on, and then we
would go with that, and then we would submit that to anybody else. Yes, sir, Mr. Gort.
Commissioner Gort: We're talking about the Redevelopment Agency...
Commissioner Dawkins: Yes, sir.
Commissioner Gort: ... or are we talking about the board that we approved last meeting?
Commissioner Dawkins: No, no, we're talking about the...
Commissioner Gort: We're talking about the interlocal...
Commissioner Dawkins: We're talking about the Redevelopment Authority.
Commissioner Gort: Redevelopment. OK.
Commissioner Dawkins: OK? See, so if you would tell me the... tell us... If we, this morning,
would tell the Manager which of the two options we want. Now, the Manager has already
designated Mr. Bailey, and the City Attorney would have to designate Ms. Kearson as the person
working with their Law Department. Yes, sir, Mr. Mayor.
45 January 12, 1995
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: Yes, sir.
Mayor Clark: It appears to me that you would, with your expertise, have selected number one.
Is that right?
Commissioner Dawkins: Which one did I have, ma'am? One or two?
Ms. Linda Kearson (Assistant City Attorney): It's option number two, sir.
Commissioner Dawkins: All right. No, two is what I went with, Mr. Mayor.
Vice Mayor Plummer: Well, Mr. Mayor...
Commissioner Dawkins: Would you tell them why I need two?
Vice Mayor Plummer: Can I ask, just briefly?
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: Mr. Dawkins, what is the difference, briefly, between one and two?
Commissioner Dawkins: Madam City... Mr. Manager... Well, let the City Attorney tell it. Let
the City Attorney tell it.
Ms. Kearson: In option number one, the City of Miami, as the Community Redevelopment
Agency, would delegate its responsibilities to an independent corporation. We would only
delegate those powers that were granted to us by the County Commission. The County
Commission, several years ago, did not grant the City of Miami full redevelopment powers. For
example, we do not have the power of eminent domain, as presently... Community
Redevelopment Agency. Therefore, we can only delegate to a third entity what we have, which
would mean that... It would mean that this third group would not be as independent as the intent
of the City Commission dictates. I want to clarify something as well. We use the term,
"Independent Authority," but under the State statute, the Authority will not be completely
independent, because there are certain requirements that will still have to be met, and still have
to be carried out by Dade County. But we can, in fact, maximize the independence of a third
individual or third group. That's why the Commissioner and the group we've been working with
have proposed option number two.
Vice Mayor Plummer: Which does what?
Ms. Kearson: Which, in fact, will allow us to convey all of our authority to a third party, as well
as Dade County agreeing to give up more of its redevelopment responsibilities. That way, the
not -for -profit corporation would be more autonomous, would not have to follow all of the
governmental requirements and the bureaucracies that accompany those things, and carry the
redevelopment effort. So we felt that this would provide them with more flexibility by doing it
under option number two.
Commissioner Dawkins: Mr. Manager has something to add, please.
Mr. Odio: As I met with Herb Bailey after he came back from meeting with the County, and
asked him if he had met with Commissioner Dawkins, I have concerns about option two. And
you need to know what they are, and we can list them, but maybe Mr. Bailey can put them on the
46 January 12, 1995
record, because the moment you enter into option two, you create that agency. We have to give
up our properties within that area.
Commissioner Dawkins: You're going to give it away in option one. You don't give our
property away in option one?
Mr. Odio: We do not.
Commissioner Dawkins: Tell me how you don't, Mr. Manager.
Mr. Odio: No, we don't. No, you don't. You don't have the County saying what to do with that
property. We keep them with the...
Commissioner Dawkins: Wait, no. Wait a minute. No, no. You made a statement. You said
that only in two we give away the property. You're saying we don't give the property away in
one.
Mr. Odio: Yeah.
Commissioner Dawkins: And I say we do.
Mr. Odio: And there are areas there that are properties that we...
Commissioner Dawkins: No, no, not the area now; the property, Mr. Manager.
Mr. Odio: I mean properties that we own that would have to be clarified. Once you go into that
option two, you have to turn them over to that agency.
Commissioner Dawkins: Yes, but if you don't turn them over to the agency, you got to turn
them over to Dade County, anyway. You got to turn them over one way or the other, Mr.
Manager.
Mr. Odio: No, sir.
Commissioner Dawkins: OK. Well, explain it to me.
Vice Mayor Plummer: Are you saying, for example, the Towers?
Mr. Odio: I'm saying, for example, everything that is in the area has to be turned over.
Vice Mayor Plummer: The arena?
Commissioner Dawkins: Yes.
Mr. Odio: Maybe. No, there's a legal question there of who owns the arena. But if the land...
we own the land, the land would go to that agency.
Vice Mayor Plummer: Yeah, the land, we get three hundred thousand dollars a year for.
Mr. Odio: And that's three hundred thousand a year. So there are...
Vice Mayor Plummer: Well, would the City... Let me ask this question. Would the City be
reimbursed for the taking of the land?
47 January 12, 1995
Mr. Odio: No, sir.
{ Commissioner Dawkins: From the County, either.
I
Mr. Odio: No, sir. That's why I'm telling you this is not that simple.
Mr. Herb Bailey (Assistant City Manager): May I try to explain it?
Mayor Clark: All right.
Mr. Bailey: May I try to explain it?
Commissioner Dawkins: If the Manager wants you to.
j Mr. Bailey: The idea is to have the authority to be able to carry out all of the activities that the
City CRA (Community Redevelopment Agency) can carry out today. We currently have a
considerable amount of real estate. We have a considerable number of leases, and we have a
considerable amount of debt. In order to have an independent authority that can function as
flexible as the governmental entities, they have to have all of the resources that we currently
have to do that. We will not transfer anything other than what we already have under our
jurisdiction. That would be the leases under the arena, that would be the leases for Biscayne
View, that would be the leases for Arena Towers, and the leases on the Poinciana Village, and all
of the other properties that have not been developed, for which we do not have leases.
Vice Mayor Plummer: But did you ask the County, Mr. Bailey, whether or not they were willing
to reimburse the City for the taking of the property?
I
Mr. Bailey: The County is not taking anything. The independent... There would be no
County...
Vice Mayor Plummer: The independent authority, would they have the right to, in fact,
compensate the City for monies that have been spent?
Mr. Bailey: The County is not receiving anything. But...
Vice Mayor Plummer: Again. Whoever is going to be the recipient of our assets, would they be
in the position to reimburse us?
Mr. Odio: No. N-O.
Vice Mayor Plummer: Has that question been asked?
Mr. Bailey: There is no reimbursement, Commissioner Plummer, because there is no need or
cause for the reimbursement. The way we are working on the...
Vice Mayor Plummer: Do they assume our liabilities?
Mr. Bailey: They assume everything that we currently have that we're using in the
redevelopment area.
Ms. Kearson: Well...
Mr. Odio: There is a question on the bonds, and I... That's another question I have, on the
bonds. Who assumes for the responsibility to back those bonds? With what credit?
48 January 12, 1995
Vice Mayor Plummer: Mr. Manager, I've sat here for all of these years, and I have seen - and
this is not personally with Mr. Bailey - nothing happen in Overtown/Park West. OK?
Mr. Odio: I disagree with you.
Vice Mayor Plummer: Well, you disagree, but let me tell you something. If you walk the
property down there, you will see utter destruction. I don't see the need to sit here and talk about
if we have the opportunity to do something better. Now, as proposed to me, it was the idea that
if we went into a joint venture, whether it's the independent authority, bringing in the State of
Florida, bringing in the County, and bringing in the City, that funds could be gotten that are not
being able to be available today, and then something can proceed. Now, you know, all of this
was a great, grandiose plan by HUD (Housing and Urban Development), who came down and
said, you get the property and we'll give you the money to build. Well, we got the property, and
we tore down some damn fine units, and when we went back for money to get, it wasn't there,
the cupboard was bare. Now, you know, I don't think we have a whole hell of a lot to show. We
have two Towers that are not doing well.
Mr. Odio: And the Village.
Vice Mayor Plummer: And the Village is doing... it's about the only thing.
Mr. Odio: The Arena, the land... (inaudible)... we've done a lot.
Vice Mayor Plummer: Well, we've done a lot, but we haven't done what we need to do. And
I'm just saying if that opportunity is there through this, that's why I'm... the only reason I was
looking at it.
Commissioner Dawkins: Mr. Mayor, I've been here since 1981. In 1981, this Commission
forced everybody to develop one project east of the railroad track for every project you
developed west of the railroad track. This Commission never forced any development in
Overtown. We sat here idly, and we watched. As everything went up around it, we found
excuses. Now, we built the Arena Towers, we built the Arena, and we have yet to put anything
east of the railroad track that looks like that. OK? And all I ever hear is that we have not done
anything in Overtown. OK? I will bring you the listings of the amount of money that was spent
in Overtown, and yet, we have not done what we should have done. OK? By the same token...
And the Mayor was the Mayor of Dade County. For twenty years, while we were waiting,
they've been... the County has been there. The County has never done anything to enhance the
rebuilding of Overtown. But now, all of a sudden, the County wants to come in, take my
resources, take my land, take my money, and tell me that they're going to do in two months what
this Commission has not been able to do since 1981, you know. And I don't see how the
Manager can tell me that option one does not give away my land, Mr. Plummer. Option one or
two gives away our assets.
Mr. Odio: With one difference, Commissioner.
Commissioner Dawkins: No, no. See, semantics, I don't need. Either I own it, or I don't. It's
just that simple. See, the semantics is, you own it as long as you pay the taxes. That's fine. But
I do not own it if you give it away under option one, we do not own it if you give it away under
option two, but neither does the County own it under option two. OK? So, but there again now,
it's time for this Commission in Overtown to fish or cut bait. We can no longer pretend that
Overtown is going to go away. We own the land, Mr. Plummer. We're constantly giving away
our assets. We're constantly selling property for less than the value of it, and now, because
somebody has a grandiose idea that the County can come in and... I'll give you an example, Mr.
Plummer. Mr. Manager, how much money did the County spend on that pedestrian mall?
49 --January 1-2, 19.95
Mr. Bailey: About two million.
Commissioner Dawkins: OK, two million. Mr. Manager, how much money has the City given
to - now, don't worry about what we've spent in Overtown - how much money have we given to
the Black Archives for the development of the Dorsey House, the Lyric Theater, and other things
in that area, Mr. Manager?
Mr. Bailey: The Black Archives?
Commissioner Dawkins: Yeah, mm-hmm, approximately how much?
Mr. Bailey: I think we've given them... It's about one point... a little over a million dollars.
Commissioner Dawkins: OK. Now, that... But then we also built our pedestrian mall on top of
that, right?
Mr. Odio: Yes, yes.
Mr. Bailey: Right. It's been four million dollars worth of malls.
Commissioner Dawkins: See. But yet and still, everybody's saying, Mr. Plummer, that we
haven't done anything Overtown.
Mr. Bailey: Four million dollars all together.
Vice Mayor Plummer: Can I ask a question?
Mr. Odio: It adds up, Commissioner, to four million dollars.
Vice Mayor Plummer: Let me ask a question. Miller...
Commissioner Dawkins: Thank you, Mr. Manager.
Vice Mayor Plummer: .. has any consideration been given to a new Authority, not an
independent, but, for example, three members of this Commission, with three members of the
County Commission, and the Chairman being from the State? You know what I'm saying? Has
any thought been... There's no question that if the City and the County were to join hands that
more funding possibly could become available, and especially if you draw in the State, and that's
what I understand that they were trying to accomplish. Now, this idea of giving away without
compensation is, ha! That's a key issue. Now, all I'm saying is, is there some way that you
could come up with an Authority that would be members from the City, members equal from the
County and...
Commissioner Dawkins: But who would have final say on what you're going to do?
Vice Mayor Plummer: That Authority.
Commissioner Dawkins: That Authority?
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: All right. Well, I would be in favor of that Authority if the extra
person, since we're going to have equal people from each side...
50 January 12, 1995
EL
Vice Mayor Plummer: Right.
Mayor Clark: ... comes from the Federal Government.
Vice Mayor Plummer: Well, I thought...
Commissioner Dawkins: I would not be in favor of them coming from the State, because if I
need a favor and he needs a favor, hey, I can trade it off. No, no, Mr. Plummer.
Vice Mayor Plummer: Well, I think it's worth consideration. I don't know if you could get a
Federal person to serve.
NOTE FOR THE RECORD: MAYOR CLARK LEFT THE
MEETING AT 9:57 A.M.
Commissioner Gort: Why not?
Vice Mayor Plummer: Mr. Gort.
Commissioner De Yurre: J.L....
Commissioner Dawkins: Well, all that money that HUD has put in over there, we could get
{ somebody from HUD like this.
Vice Mayor Plummer: Mr. Gort.
Commissioner Gort: I have several questions. One of the first things I did when I got in office, I
went to Orlando and visited some of the... And I saw the Redevelopment Agency they created in
Orlando, which did a lot of work there. Now, although it was an independent agency, the City
had some say-so. And I agree with J.L. I think somehow, we have to be involved, somehow, in
the process. The other thing that I remember, in reading all the documents that I read, my
understanding is, in every one of them, the... all the property was to come back to the City within
forty years, thirty years, twenty-five years.
Mr. Bailey: If, at the dissolution of the Authority... And I would just like to make one
correction. We're not giving the property away. We're transferring it to the Authority so they
can do the development. If, at any time that the Authority is to be dissolved, or for some reason
or other, it no longer exists, all of the assets that the City has transferred to the Authority comes
back to the City. It does not go anywhere else.
Vice Mayor Plummer: Mr. Gort, are you finished?
Commissioner Gort: Yes, sir.
Vice Mayor Plummer: Mr. De Yurre, you got a question?
Commissioner De Yurre: I got a couple of questions.
Vice Mayor Plummer: All right, sir.
--January 1.2, 1995
-
Commissioner De Yurre: To begin with, you know, here we are analyzing two options, one or
two. And to tell you the truth, as far as I'm concerned, neither one is very appealing to me. I
would need to know, to begin with, why we would have to make this move. What is the benefit
in creating an independent agency, and transferring our millions of dollars in assets to that
agency? That's number one. Number two, what control do we have that, if, after "X" number of
years, they haven't done any better, that we can get our property back, even if they continue
existing? And number three, if the message is that we have no advantage, really, over giving it
up, however, that they can do a better job, then we need to look at firing the people that work for
the City and cleaning up our act, because I think that if all... given all facts as they are, that we
can do the job if we set down to it. And if we can't do it, it's because it can't be done. And
unless somebody is coming in with a new idea, somebody won the Lotto or something else,
having to... want to pump in "X" millions of dollars that we can't get on our own, then that's a
different story. But before I can ever vote on this, I need to know what the advantage is for us
giving up what we have.
Vice Mayor Plummer: Mr. Dawkins.
Commissioner Dawkins: I agree with Commissioner De Yurre and with Commissioner Gort. I
don't see why, if we are elected to do what we're talking about should be done, we have not
done it, we're not doing it, and we have not done it. I don't understand that. OK? That's
number one. But I can't understand... I need for Commissioner De Yurre to explain to me, why
is it... Does he feel that if you can't give it to the independent agency, does he feel that giving it
to the County is going to do better than keeping it like we have it?
Commissioner De Yurre: No. I don't want to give it to anybody, you know. That's my feeling,
you know.
Commissioner Dawkins: I agree.
Commissioner De Yurre: And additionally, there's an answer that the Finance Department
needs to answer. Does giving up these millions of dollars in assets, does that affect our bond
rating in any way, fashion or form?
Mr. Odio: Well, no. The fact is, the bond holders would have to agree to this. You have to go
and ask the bond holders if they would agree to this Redevelopment Agency. It's not that
simple.
Commissioner De Yurre: No, but even... But I'm going beyond that. I'm saying our own bond
rating, is it affected?
Mr. Odio: That's a question that I have been...
Mr. Bailey: On the financing...
Vice Mayor Plummer: Mr. Dawkins.
Commissioner Dawkins: This would be interesting if we had not sold bonds, went over and used
the financial status of the residents, gave tax credits and all, and got money to develop that area,
and used that money in every place else in Miami. That would be fine. OK? Because had we
taken all of the bond money that was raised, had we taken all of the tax increments money and
developed Overtown, we wouldn't be sitting here like we are now. OK? What's that building,
Mr. Manager, that we... that we sold the bonds and financed it for, called One Center... What is
it? Next to the courthouse?
52 January 12, 1995
Mr. Odio: You're talking about the Courthouse Center.
Commissioner Dawkins: Yeah, Courthouse Center.
Mr. Odio: That's a County building.
Commissioner Dawkins: It is not a County building. OK?
Mr. Odio: No. I mean, it was on the tax roll.
Commissioner Dawkins: It was on the tax... We sold the bonds, did we not, Mr. Manager?
Vice Mayor Plummer: No.
Mr. Odio: No. What happened there is this, Commissioner.
Commissioner Dawkins: Go ahead.
Mr. Odio: It was in the tax rolls. The County...
Commissioner Dawkins: OK. No, no, no. Let's get it on the tax rolls first. How did we get it
on the tax rolls?
Vice Mayor Plummer: It's private.
Mr. Odio: OK. It was there. A private developer...
Commissioner Dawkins: No, no. We...
Mr. Odio: A private developer built the building.
Commissioner Dawkins: And we gave the private developer what to develop it?
Mr. Odio: No, nothing.
Vice Mayor Plummer: Nothing.
Commissioner Dawkins: We didn't... No tax increments, no nothing.
Vice Mayor Plummer: Nothing.
Mr. Odio: Nothing, nothing.
Commissioner Dawkins: All right. Go ahead.
Mr. Odio: The County came in and bought the building.
Commissioner Dawkins: Right.
Mr. Odio: When the County did that, he took the building off the tax roll.
Commissioner Dawkins: All right.
Mr. Odio: And we lost about $2,000,000. Is that correct...
53 January 12, 1995
Commissioner Gort: Two hundred and fifty thousand dollars.
Mr. Odio: Two hundred and fifty thousand dollars.
Commissioner Dawkins: So therefore... Now, the County wants to go in Overtown, now, and
help me in Overtown, but they just took $250,000?
Mr. Odio: A year.
Commissioner Dawkins: They just took $250,000 a year off my tax roll, but they're so
benevolent and want to look out for me in Overtown. But they're destroying the tax base that
I'm using to develop Overtown.
Vice Mayor Plummer: In all fairness, Mr. Manager, the County did - and I'm not defending the
County...
Mr. Odio: They gave us a...
Vice Mayor Plummer: They did give us a sum of money in lieu of the taxes...
Commissioner Dawkins: OK, but they didn't give it to me annually, that I need it annually, to
help my budget.
Vice Mayor Plummer: I can't... I don't...
Commissioner Dawkins: No, no, I'm telling you. OK?
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Thank you.
Vice Mayor Plummer: Well, OK. Where are we? Mr. Gort.
Mr. Bailey: Well, Commissioner De Yurre asked three questions.
Vice Mayor Plummer: Mr. Gort has the floor.
Commissioner Gort: Mr. Mayor - I mean Mr. Vice Mayor.
Vice Mayor Plummer: Whatever.
Commissioner Gort: I believe that we need the Federal Government in there, the State, the
County, and all of us working together, if we're going to do it. We can't do it by ourselves. I
think we need to start working as a team. Anything that happens in any of our neighborhoods in
Dade County will affect the City, and everyone else. Somehow, I think we should structure it
where we give the participation to everybody. And I they should be independent, but we should
have some kind of responsibility. I got questions. What happens if they're not doing the job?
Are they coming back to us? And I imagine that will be done in the contract, when you draw up
your contract on the redevelopment. I don't have a problem with the... with two, if we have
everyone participating in it. Now, the questions that we have about the finance and so on, we
can take care of those questions by putting the contract together.
Commissioner De Yurre: My point is, also...
54 January 12, 1995
Vice Mayor Plummer: Mr. De Yurre.
Commissioner De Yurre: ... you know, if what I'm looking at is that this agency can only have
as much power as we can give them, we're only transferring what we have, as far as power, why
are they supposed to be a better deal than we are?
Mr. Odio: What they're supposed to do is the County is supposed to contribute monies into the
area that we do not have.
Vice Mayor Plummer: And the 108 bonding.
Mr. Odio: In other words, it's a question of resources.
Commissioner De Yurre: Yeah, but what is the County willing to put in that we cannot put in
ourselves?
Mr. Odio: Explain it to them.
Mr. Bailey: All right. The County has indicated in their discussion with you here...
Commissioner De Yurre: Uh-huh.
Mr. Bailey: ... and with the document they submitted that they would be willing to put in an
additional $10,000,000.
Commissioner De Yurre: OK.
Mr. Bailey: However, they have requested that we also consider a like amount, and that's a
matter of another discussion, when we get to what the economics of the deal is. To get back to
what the.. If you want me to answer all three of your questions, I will.
Commissioner De Yurre: Yes.
Mr. Bailey: If you just want me to stop now, I will.
Commissioner De Yurre: No, no. You go right ahead.
Mr. Bailey: The first question you asked, if I can recall, is, "Why are we discussing this? And
we're discussing it because Chairman Arthur Teele from the County came to this Commission.
He also wrote letters to the Manager and to members of this Commission suggesting that we
consider putting together an independent redevelopment authority, for a variety of reasons,
which I could go through. However, two of them that he mentioned, and I think it was some
concern about how this Commission, acting as a CRA, in his opinion - not mine, in his opinion -
had not acted properly as a CRA. The other one was is that we feel - and when I say "we," it's a
professional opinion - that these kinds of activities, when it's done by private, independent
authority, without being involved in the bureaucracy, and without being involved in the politics,
will have a much better chance of relating to the private investment community which we're
trying to attract to do the job. We will never be able to use enough government money to do
what we're trying to do. And one of the things that has been missing to date is a lack of interest
in participation on the private sector. Chairman Teele, in his discussion with us, indicated... and
we went to Washington, and Commissioner Dawkins was there, and saw an example on how,
when you have an independent agency that is removed from bureaucracy and government, and
can deal with the private sector, you have a much better chance of success. That is why it was
55 January 12, 1995
introduced. You asked a third question, which I don't remember, and if you can remember it,
I'll try to answer it.
Commissioner De Yurre: Well, you know, what the benefits are to the City.
Mr. Bailey: The benefits are to the City... For instance... Let me just say, in this tax increment
district, for the next 20 years, and I think we have about 16 or 17, maybe 19 years to go,
somewhere along in there, all of the money coming in, as a matter of taxes that are over and
above the 1982 tax base goes to a separate trust fund, and the City doesn't get it, anyway.
However, there are provisions whereby we can participate with the City on paying for certain
services. We have outstanding debt of eleven and a half million dollars, which is a combination
of borrowing from bonds and Federal Government, and we have a lot of other obligations. We
are just saying that we need to package this in a professional way, so that we can involve
ourselves in the private sector, so we can get something going. His opinion - and I can concur -
that the reason that we haven't moved as fast as we should be able to move is that we have not
been able to get the private sector to participate, and they won't participate because of the
politics and the bureaucracy.
Vice Mayor Plummer: Is it a true statement that the 108 funding cannot be without their
approval?
Mr. Bailey: No. We have 108 funding, that's 108 loans that we... We already have about 7.3
million dollars worth of loans in the project to date. 108, as it relates to our entitlement, is a
decision that this Commission makes. That 108 money... And I'm not at all certain that the
County would do that - maybe they would - because the way the agreements are being
structured, it is structured for a full participation equally from the City and the County. In
regards to the management, in regards to the board, it is being structured so that the City will
select four people, and the County will have three. By law, we can have no more than seven.
And it would be your decision to determine who serves on that board. However, it has been
suggested by the County and in all of our discussions, that no elected officials would be on the
board.
Vice Mayor Plummer: All right. Is there any further discussion now?
Commissioner De Yurre: Yeah. Well, what kind of people...
Vice Mayor Plummer: Because we are going to defer this over to four o'clock. Whatever you
want...
Commissioner De Yurre: Yeah, but what kind of people get appointed to these boards? Are you
talking about professionals? Are you talking about people that live in the area and, you know,
you look for expertise? I mean, like what kind of body are we going to have?
Mr. Bailey: It has been suggested that at least one person from Miami -Dade Community
College be on the board, and one person from the School Board, and that the other nominees
who would be appointed would be appointed by the Commission. It was suggested that the
criteria should be someone that has expertise in the financial community, from maybe a lending
institution; some developer, who has some experience in development; and someone that has
some experience in development law. However, they are suggestions, they are not mandatory,
you may select whomever you desire.
Vice Mayor Plummer: We're going to negotiate. Mr. Dawkins.
56 January 12, 1995
Commissioner Dawkins: OK. I have a feeling that this... There's not a majority among this
Commission for an independent agency. Now, if that's a true statement, then there's no point in
hearing this at four o'clock.
Commissioner De Yurre: No, that's not quite...
Commissioner Dawkins: Beg your pardon?
Commissioner De Yurre: At least in my case.
Commissioner Dawkins: OK. Wait a minute. Hold it.
Commissioner De Yurre: I may want it, but at this point in time, I don't have enough
information, nor am I convinced that that is the way to go, at this point in time.
Vice Mayor Plummer: Out of common courtesy, it is my understanding that Chairman Teele is
bringing a group of people for whatever purpose, and I think out of courtesy, we should allow
him to speak.
Commissioner Dawkins: Well, out of courtesy, I ask the Mayor... the Manager, since it was my
item, to call and tell him not to come.
Vice Mayor Plummer: Oh.
Commissioner Dawkins: And we will reschedule it when he can come and discuss it. But I did
not...
Vice Mayor Plummer: Did that occur? I don't know if it occurred or not.
Commissioner Dawkins: I did not feel that he should be bringing a bunch of people down here
to try to influence this decision until we had discussed it, and that's my personal opinion.
Vice Mayor Plummer: Did anyone, Mr. Manager, contact him?
Commissioner Dawkins: Yes, the Mayor's office did..
Vice Mayor Plummer: Do we know if the Mayor's office was successful in agreeing that they
would...
Commissioner Dawkins: He told me he was. He told me he was.
Vice Mayor Plummer: He will not be here at four o'clock, or he will be?
Commissioner Dawkins: The Manager... The Mayor...
Vice Mayor Plummer: All right. Would you let us know before we break for lunch, so we can
make that kind of a decision.
Mr. Bailey: Mr. Vice Mayor, may I make one statement, please?
Vice Mayor Plummer: Surely, sir.
Mr. Bailey: Commissioner, may I make a statement?
57 January 12, 1995
Commissioner Dawkins: You have the chair.
Mr. Bailey: Well, I cut you off, and I'm sorry.
Commissioner Dawkins: That's all right. No problem.
Mr. Bailey: It was my understanding, as we prepared for this discussion, that the decision that
we expected from you Commissioners today was whether or not we would pursue option one or
option two.
Commissioner Dawkins: That's all.
Mr. Bailey: We were requested, the staff was requested by the Manager and by Commissioner
Dawkins, who you have appointed to chair this process, to submit to him the staff
recommendation. We have recommended option two for a list of reasons that we could give you
that would take quite a while to explain. And we have been... We have proceeded, along with
the County, and the County staff, the County Attorney, and with Holland and Knight, who
represents us as the redevelopment attorneys, to process the necessary documents to bring back
to you for discussion so you could understand a lot of the questions that you're asking today.
We have also been requested by the County almost, now on a daily and hourly basis, to give
them a copy of the agreement that we are working on when it's completed. We did not give it to
them, mainly because it's not finished yet. It should be finished today. And we also want to
request from you, if... The County's meeting is on January the 17th, and they're going to take
action on a resolution modifying their previous resolution to comply with the things that the
Administration had discussed with them in regards to what we want to do today. So we're just
saying, all we need to have from you, if you decide to have the independent authority, is to give
j us permission to proceed with the recommendation on option two. There will be many more
meetings and a lot of more things to discuss.
Vice Mayor Plummer: Mr. Gort.
Commissioner Gort: Mr. Mayor, I think what we have to look at here is the difference between
one and two. My understanding from the interpretation of what I've read and what has been
discussed here today is that number one, the... We would not have any jurisdiction at all. Metro
will have some. That's my understanding.
Mr. Bailey: They will always have that because the State law gives them... They're the enabling
legislative body to permit this action to take, and that will always have to be there.
Commissioner Gort: I understand that. But option two, my understanding is that it's the same
thing, but the difference is that no one really will have that, that it will be completely
independent.
Mr. Bailey: Completely independent. Now, item two is the most independent agency you will
ever get under this statute.
Commissioner Gort: That's my understanding of the difference in the two. Now, a lot of the
questions that we have about who's going to be the board, what's going to be the financing
component, and when it's coming back to the City, how can we remove this if they're not doing
the job, will come in the documents when you put it together. Is that my understanding?
Mr. Bailey: We will have the documents ready within a day or two.
Commissioner Gort: That final document will have to be approved by us, and we will have
some input in how to put the document.
58 January 12, 1995
0
Vice Mayor Plummer: Of course it will.
Commissioner Gort: So I don't have any problem in moving forward at this time. I don't know
what you all want to do, but I don't have any problem.
Vice Mayor Plummer: Commissioner Dawkins.
Commissioner Dawkins: OK. Mr. Gort and fellow Commissioners, this is a very important
issue.
Vice Mayor Plummer: It sure is.
Commissioner Dawkins: I agree that Commissioner... I mean Chairman Teele should be able to
marshal as much support as he can. I agree that I should be able to marshal as much support as I
could. I would move at this time that the Mayor call a special meeting at Booker T. Washington
Middle School in Overtown, and we have a hearing where Commissioner Teele and I can
explain this with professionals from the County, and our professionals, and at that meeting, some
agreement be made as to what is what. And in the meantime, while we are waiting for that
meeting, that the Manager direct staff to meet with any Commissioner who wants... Like,
whatever Commissioner Gort needs for that meeting, he should be provided with it,
Commissioner De Yurre, the Mayor, and anybody should be provided with any information that
you have that would help understand what we're discussing at that meeting, because the people
in the public, I mean out there in the community, they don't know what we're talking about.
And I don't think... I don't feel, Mr. Vice Mayor, that we should make this decision without
having it in that community where those people can have some input.
Vice Mayor Plummer: Is that a motion, sir?
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: All right. Is there a second? Is there a second?
Commissioner Gort: It was a long motion.
Vice Mayor Plummer: Is there a...
Commissioner Gort: I'd like to hear the motion again.
Vice Mayor Plummer: The motion is to have, as I understand it, to have a joint meeting between
the City and the County, and staff, with the professionals, without a date... What date wasn't
specified.
Commissioner Gort: We'll set up the date.
Vice Mayor Plummer: Set up a date, and have a full blown meeting in the community which
would be vitally affected, and which everybody would have their opportunity to speak their
piece. That was... Is that the motion?
Commissioner De Yurre: That, I would...
Commissioner Gort: I don't have no problem with that. I'll second that motion.
Vice Mayor Plummer: There is a second. Now it's on the floor.
59 January 12, 1995
Commissioner De Yurre: Now, for discussion.
Vice Mayor Plummer: For discussion, Mr. De Yurre.
Commissioner De Yurre: I like the idea. What I would not want to see is that we are... that we
have to vote yea or nay at that point in time, because if we're talking about being informed, I
want to absorb what's going to be said to me there.
Vice Mayor Plummer: Sure.
Commissioner De Yurre: And I may have a whole bunch of questions that I want to ask coming
out of that meeting. So I don't want to be put in a position that I have to say yea or nay at that
point in time, because what's going to happen is, when you get information, usually, you have
additional questions that arise out of what is being told to you. So I have no problem going
through that process. I think it's important that we participate, and that the community
participates in that. But however, that subsequent to that, maybe a couple weeks later, we
actually have a meeting where we can vote one way or another.
Vice Mayor Plummer: Mr. Gort.
Commissioner Gort: The last thing I'd like to do is, we got to work this together. We got to
bring this community together, and we got to bring our administration together. I think our
Administration, our different departments should get together, and if they have disagreements,
they should work it out, and they should come in as a joint effort. And if there's disagreement
between the Law Department and the Administration, bring somebody else in here that can
bring it together, because I don't want to hear different opinions from different departments.
Mr. Bailey: Commissioner, may I make one statement?
Vice Mayor Plummer: Surely, sir, because I want to get on.
Mr. Bailey: We have met with the County's staff, our Law Department, and our staff. We are
not in disagreement on option number two. We are now together, and we think... And our only
professional recommendation is that we proceed...
Commissioner Dawkins: The Manager is in disagreement with one.
Mr. Bailey: Oh.
Mr. Odio: I am the one that asked...
Commissioner Dawkins: Or two.
Mr. Odio: I'm the one that asked... When they brought the finished package, I had questions.
Vice Mayor Plummer: Yeah. And I think, for the record, so am I.
Mr. Odio: I had questions, and I still do.
Vice Mayor Plummer: But I'm not sure. All right.
Commissioner Gort: That's what I'm saying. Those questions have got to be answered. We
can't have one department saying yes and the other saying no.
60 January 12, 1995
Mr. Odio: I agree, Commissioner.
Vice Mayor Plummer: Is any other Commissioner, before I turn it over to Brother Ben? Brother
Ben, very briefly, please.
Mr. Donald Benjamin: Oh, definitely.
Vice Mayor Plummer: For the record, your name.
Mr. Benjamin: Donald F. Benjamin, Chairman of the Overtown Advisory Board, 417 Northwest
6th Street, Miami. I'm very much encouraged by the discussion here this morning, Mr. Mayor,
and Commissioners. My only concern is, are you going to set up a time limit as to when that
decision will be made regarding all of this?
Vice Mayor Plummer: That's the question that I was going to ask. I remember, Mr. Manager,
when Chairman Teele was here, that there was a time frame about something being renewed or
something.
Mr. Odio: He is concerned...
Vice Mayor Plummer: I don't remember exactly what that was.
Mr. Odio: I think what he's concerned about is that there is a new ruling out of Washington that
after June, the County could not commit CDBG (Community Development Block Grant)
funding.
Mr. Bailey: Well, that's just his opinion.
Mr. Odio: That's his opinion. It hasn't been done.
Mr. Bailey: That's not a valid... I think what was said is that they need to have a response from
us by January 17th, before they go back to the Commission, and that's very soon.
Commissioner De Yurre: Well, they're not going to have that, so forget about that.
Vice Mayor Plummer: Was there a reason given why they had to do it?
Mr. Bailey: Well, when they passed the original resolution, the time certain for a response was
in that resolution. And they are waiting for us to submit to them a draft copy of the interlocal
agreement as they directed... as they requested here, and as you directed us to do, by January
17th, and that's why we've been working that way.
Vice Mayor Plummer: All right. Now, Brother Ben, Brother Dawkins, I think we should try to
establish a date so that everybody will be on the same wavelength. Mr. Manager, may I inquire
of you, sir, what do you contemplate the February 9th agenda would look like?
Mr. Odio: Heavy-duty.
Vice Mayor Plummer: Heavy-duty.
Mr. Odio: We have two meetings that day, Planning and Zoning...
Vice Mayor Plummer: All right. So then, what we're looking at, then, is most likely a special
meeting.
61 January 12, 1995
Commissioner Dawkins: That's right.
Vice Mayor Plummer: All right. I would prefer that we wait until the Mayor comes this
afternoon.
Mr. Odio: I tell you what, it may be too late, Commissioner.
Vice Mayor Plummer: What's that?
Mr. Odio: The second meeting should be only Planning and Zoning. If you want to do it at
Booker T. Washington in the morning...
Commissioner Dawkins: No, no, no. I'd prefer, Mr. Mayor and fellow Commissioners, an open
meeting in the community; not no Commission meeting, an opening meeting where people in
that community have all the time they want to ask about this. One after... Start it at six -thirty
one afternoon, or whatever, and what have you.
Vice Mayor Plummer: Well, OK. I'm just trying, you know, we... Mr. Manager, would I be
safe in trying... Would I be safe, sir, in trying to have the February 9th meeting here, and then
adjourn - because we've been finishing by six - and then have the meeting down there?
Mr. Odio: No, you won't. You have Planning and Zoning and regular Commission meeting that
day. You cannot. You don't have time.
Vice Mayor Plummer: OK. So that's out. All right.
Commissioner Dawkins: Look. Have a special meeting, Mr. Plummer, for the people in that
community.
Vice Mayor Plummer: Name a date, sir.
Commissioner Dawkins: February 14th, Valentine's Day.
Vice Mayor Plummer: February 14th. For some reason, I've got a problem on that date.
Commissioner Gort: I got a problem. I got...
Commissioner Dawkins: OK. Well, all right, then.
Vice Mayor Plummer: I think my brother is out of town.
Commissioner Dawkins: All right. Well, no problem. Hey, look, let's... All right. Mr.... Mr.
Benjamin, will you come to the mike, please? Would you say that a Monday, or Wednesday, or
a Tuesday would be a better day to try to get the community together, or a Saturday afternoon, or
what would you say, sir?
Mr. Benjamin: Mr. Dawkins, this matter is so important, any day would be suitable for us.
Commissioner Dawkins: Yeah, but, see, that's fine, but we got people who work, and we got
people wouldn't be able to make it.
Mr. Benjamin: As long as it's in the evening. Any...
62 January 12, 1995
Commissioner Dawkins: All right. That's what I'm saying. Wednesday, or Wednesday
afternoon?
Mr. Benjamin: Whatever day you say, sir.
Commissioner Dawkins: All right. Let's say Wednesday, the 16th of February.
Vice Mayor Plummer: Uh-uh, uh-uh, that's my...
Commissioner Dawkins: All right. Well, let's say the 22nd of February.
Mr. Bailey: Oh, no.
Vice Mayor Plummer: How about January the 19th?
Mr. Bailey: Yes.
Commissioner Gort: No.
Vice Mayor Plummer: No.
Commissioner Dawkins: All right. What about January 31st?
Vice Mayor Plummer: No.
Mr. Manuel Gonzalez-Goenaga: February the 30th.
Vice Mayor Plummer: I'm just thinking. How about February 2?
Commissioner Dawkins: Wonderful. Like he said, it's... The earlier we get this done...
Vice Mayor Plummer: The off Thursday is what I'm thinking of.
Commissioner Dawkins: OK. If... That's fine, if that's agreeable with you?
Vice Mayor Plummer: All right. What time of the day would you like to start the meeting?
Commissioner Dawkins: Six -thirty.
Mr. Benjamin: Six -thirty is fine.
Vice Mayor Plummer: Six -thirty?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: There's no football game, no Super Bowl, no nothing on that particular
day.
Commissioner Dawkins: No. Only Overtown coming alive.
Mr. Benjamin: Overtown is alive, is alive, is alive.
Vice Mayor Plummer: Mr. Manager.
63 January 12, 1995
Mr. Odio: We need to check with the County, if they don't have a Commission meeting that
day.
Vice Mayor Plummer: That's on a Thursday, sir. That's why I took the off Thursday.
Commissioner Dawkins: They meet Tuesdays.
Mr. Odio: They don't have meetings on Thurs... OK.
Vice Mayor Plummer: Well, they have Zoning, but at a...
Mr. Bailey: Only on Tuesday.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Say what, Mr. Bailey?
Mr. Bailey: No, I'm just...
Vice Mayor Plummer: All right. Tentatively, right now, the meeting is going to be a - and that
is, of course, if the County can make it - would be February the 2nd at six -thirty in the evening
at...
Commissioner Dawkins: Booker T. Washington Middle School.
Vice Mayor Plummer: ... Booker T. Washington Middle School.
Commissioner Dawkins: And would the Clerk so...
Vice Mayor Plummer: Commissioner Dawkins will provide all of the entertainment, and food
and beverage.
Commissioner Dawkins: Soft beverages.
Vice Mayor Plummer: All right. Is there any objection from any member of the Commission, if
any of them are around? Due to the lack of interest, today has been cancelled. OK?
Commissioner Dawkins: OK. Madam Clerk, would you so note...
Vice Mayor Plummer: Without them we'll set it. If they don't like it, they're stuck with it.
Thank you. We'll see you at four o'clock, Mr. Bailey.
Mr. Bailey: Six -thirty.
Commissioner Dawkins: All right. Madam Clerk, please note it in the newspaper and other
media that this is a meeting, and on Channel 9. Thank you.
Vice Mayor Plummer: Excuse me. For the record, you have notified, and Chairman Teele has
understood there will be no appearance by him at four o'clock.
Mr. Odio: Chairman Teele is not coming. I've been told he's not coming.
Vice Mayor Plummer: All right. If that changes, let me know.
64 January 12, 1995
Mr. Odio: He is not coming.
Vice Mayor Plummer: Thank you, sir. Next item. Discussion...
Ms. Kearson: You need to vote.
Vice Mayor Plummer: We need a motion...
Ms. Kearson: A motion.
Mr. Jones: It was made and seconded, but you never voted on it.
Vice Mayor Plummer: Which motion?
Commissioner Dawkins: To hold a meeting, have a special meeting.
Vice Mayor Plummer: Oh, OK. Yeah. There was a motion made by Commissioner Dawkins,
seconded by De Yurre, to have this Commission meeting, a special meeting on February the 2nd
at Booker T. Washington, starting at six -thirty in the evening.
Commissioner De Yurre: It's not a Commission meeting. It's a meeting.
Commissioner Dawkins: A regular meeting.
Vice Mayor Plummer: Well, it's a special Commission meeting.
Commissioner De Yurre: No, no. It's an open meeting.
Commissioner Dawkins: A special community meeting. A special community meeting.
Commissioner De Yurre: Community meeting, not a Commission meeting.
Commissioner Dawkins: No.
Vice Mayor Plummer: What's the difference?
Mr. Bailey: It's a meeting of the CRA. It is a meeting of the CRA, because this Commission is
the official CRA., and that meeting on February the 2nd at six -thirty will be a meeting of the
CRA.
Commissioner Dawkins: Thank you.
Vice Mayor Plummer: Fine, sir. Fine. It's a resolution. All in favor say "aye."
Commissioner Dawkins: Aye.
Vice Mayor Plummer: Any opposition? So ordered.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.95-33
A MOTION CALLING FOR A SPECIAL MEETING, TO BE HELD AT BOOKER T.
WASHINGTON MIDDLE SCHOOL, IN THE OVERTOWN AREA, ON FEBRUARY
2, 1995, BEGINNING AT 7:30 P.M.*, IN CONNECTION WITH A PROPOSED
AGENCY TO BE CALLED THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT AGENCY; FURTHER STATING THAT THE MIAMI CITY
COMMISSION WILL CONVENE SAID MEETING IN ITS CAPACITY AS THE
EXECUTIVE BOARD OF THE COMMUNITY REDEVELOPMENT AGENCY
(CRA) FOR THAT AREA, SAID MEETING TO BE HELD IN ORDER TO (a)
ALLOW CITY AND METRO-DADE COUNTY OFFICIALS AN OPPORTUNITY TO
FURTHER EXPLAIN AND PROVIDE INFORMATION TO CITY RESIDENTS
ABOUT SAID PROPOSED AGENCY, AND (b) TO OBTAIN INPUT FROM AREA
RESIDENTS CONCERNING SAID SUBJECT; FURTHER DIRECTING THE CITY
MANAGER TO FULLY BRIEF COMMISSIONERS ON SAID ISSUE AND
DIRECTING THE CLERK TO PLACE ADVERTISEMENTS IN ALL APPROPRIATE
MEDIA, INCLUDING THE CITY'S CABLE CHANNEL 9.
(*Note: Originally the herein meeting was set to begin at 6:30 p.m. However, later in
the meeting, the City Commission rescheduled said meeting to begin at 7:30 p.m.)
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Mayor Stephen P. Clark
-- -------------------------------------------------------------------------------------------------------------
19. APPROVE INSTALLATION OF FENCE AROUND CHARLES HADLEY
PARK WITHIN 90 DAYS -- WORK TO BE COMPLETED WITHIN 90 DAYS.
Vice Mayor Plummer: All right. Item 12. Commissioner Dawkins, on the installation of a
fence around Hadley Park. Commissioner Dawkins.
Commissioner Dawkins: OK. Go right ahead. Well, we'll hear from Mr....
Mr. Thelbert Johnakin: My name is Thelbert Johnakin, 1345 Northwest 51 Street. Mr. Vice
Mayor, both the Commissioners, Mr. Manager, and staff, good morning. We have requested a
fence be put around Hadley Park a few years ago, but now, it's in the process of being put
around there. What we're asking for is for a four -foot fence to be put around Hadley Park.
Vice Mayor Plummer: Mr. Johnakin... Mr. Manager, is there any reason why we can't do this?
66 January 12, 1995
Mr. Odio: Yes, no. We'll do it.
Vice Mayor Plummer: Who makes the motion?
Commissioner Dawkins: So moved.
Vice Mayor Plummer: Is there a second? There's a second. Is there any further discussion?
Give us a date about when it will be completed. How long does it take to complete? Sixty days?
Mr. Odio: We have to go out on bids.
Mr. Albert Ruder: We have to go out on bid. If there's no problems...
Vice Mayor Plummer: How long will it take to complete? Tell me.
Mr. Ruder: Hopefully, sixty days. If there's any delays, we'll let you know.
Vice Mayor Plummer: Sixty days.
Commissioner Dawkins: All right. Ninety days, we'll say ninety days.
Vice Mayor Plummer: Ninety days. Mr. Johnakin, if it's not done in ninety days, you come
back here, sir. We'll fire a whole bunch of people.
Commissioner Dawkins: But before you leave, now, before you leave...
Vice Mayor Plummer: Next item.
Commissioner Dawkins: Now, before they leave, I want to tell them something. On the pool,
we put out a bid, on Hadley Pool, to do a senior daycare center. OK? The bid came back, and
Mr. Luft did not put in to do anything to that clubhouse. Therefore, the bid was $250,000 we
had appropriated for that, that was not needed. OK? Now, in 39, the Manager has to take that
money to do something else with. But when you bring your group down here to ask that this
be... you be given what we promised you, we will find... We have $60,000 left in this. We will
find the other money to do it with when you come down here. OK?
Mr. Johnakin: Thank you, Commissioner Dawkins.
Vice Mayor Plummer: Quit while you're ahead. You're going to talk yourself out of money.
Mr. Johnakin: Good day.
Vice Mayor Plummer: Thank you, sir.
67 January 12, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-34
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
20. TABLE DISCUSSION ON CITY'S RESIDENCY REQUIREMENT IN
FILLING VACANT POSITIONS UNTIL AFTERNOON SESSION. (See label
56)
Vice Mayor Plummer: Item 13.
Mr. Cesar Odio (City Manager): I'd like to defer that to, until... wait...
Commissioner Dawkins: Second.
Vice Mayor Plummer: Defer item 13.
Mr. Odio: ... until the Mayor is here. I think you should have a full Commission on this.
68 January 12, 1995
Commissioner Dawkins: Wait a minute.
Vice Mayor Plummer: Whatever... Sir, you don't have the right to even request.
Mr. Odio: I don't?
Vice Mayor Plummer: No.
Mr. Odio: OK.
Vice Mayor Plummer: But Commissioner Dawkins does, and he asked, and it will be done.
Item 14, concerning the Dinner RFP (Request for Proposals) Review Committee...
Mr. Odio: We need... We...
Commissioner Dawkins: Wait a minute, wait a minute. You don't think you have the four
votes? If you got the four votes, what difference does it make?
Mr. Odio: I don't think so.
Commissioner Dawkins: I think so.
Vice Mayor Plummer: I don't.
Mr. Odio: You want to hear it...
Vice Mayor Plummer: It's deferred, sir.
Commissioner Dawkins: OK.
NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEM 13
WAS DEFERRED.
----------------------------------------------------------------------------------------------------------------
21. APPOINT INDIVIDUALS TO SERVE ON DINNER KEY RFP REVIEW
COMMITTEE. (Appointed were: Lynn Lewis, Joe Corral, Raymond Rasco &
Eugene Hancock. Pending still is one appointment to be made.)
Vice Mayor Plummer: Item 14, Dinner Key RFP (Request for Proposals) Review Committee.
Mr. Cesar Odio (City Manager): We need an appointment from each one of you...
Vice Mayor Plummer: All right.
Mr. Odio: ... to work with us in the development of that RFP.
Vice Mayor Plummer: All right. Now, we're going to appoint five people. How many people
are going to be on a committee?
69 January 12, 1995
Mr. Odio: We have... I think once you have the five, I'll have my staff, and about another five
other people.
Vice Mayor Plummer: All right. As you know, I have said I want it balanced with the private
sector.
Mr. Odio: That's why I'm going to have five of your appointments...
Vice Mayor Plummer: Five and five.
Mr. Odio: ... and I'll have five appointments from the Coconut Grove area.
Commissioner Gort: Who does those appointments?
Mr. Odio: No, you do five.
Vice Mayor Plummer: Yeah, OIL.
Mr. Odio: And I'll select the other five.
Commissioner Gort: You, personally?
Mr. Odio: Me, personally.
Vice Mayor Plummer: From... In other words, the committee will be a total of ten people.
Mr. Odio: From people that have worked through the whole charrette process, so that nobody is
left out.
Vice Mayor Plummer: Are we talking about a committee of ten people?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Thank you.
Commissioner De Yurre: But is it a balanced mentality, those five that you're going to put in?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: We didn't say a word about that, Victor. Now, that could be difficult.
Unidentified Speaker: We'll make every effort.
Vice Mayor Plummer: All right. Commissioner Gort, do you have your appointment?
Commissioner Gort: Lynn Lewis.
Vice Mayor Plummer: Lynn Lewis. Commissioner Dawkins, do...
Commissioner Dawkins: No, I do not have mine.
Vice Mayor Plummer: Commissioner Gort?
70 January 12, 1995
Commissioner Gort: I just did.
Vice Mayor Plummer: I'm sorry. Commissioner De Yurre.
Commissioner De Yurre: Joe Corral.
Vice Mayor Plummer: Joe Moral.
Commissioner De Yurre: Corral, Corral.
Vice Mayor Plummer: Doral?
Commissioner De Yurre: Corral.
Vice Mayor Plummer: Corral, with a "C." The Mayor's appointment is Raymond Rosasco.
Commissioner De Yurre: Rasco.
Vice Mayor Plummer: Rasco. My appointment is Mr. Eugene Hancock. OK.
Unidentified Speaker: Thank you.
Vice Mayor Plummer: Mr. Gene Hancock, Eugene.
Unidentified Speaker: Thank you.
Vice Mayor Plummer: Yes, sir, I want him for sure. Let me tell you something. He's been
around a long time, and he's damn well protective of this community. Mr. Dawkins, I assume
we'll allow Mr. Dawkins without the Commission having to do anything on it, so...
Commissioner Dawkins: Yeah. And if I don't have one by the next meeting, I'll appoint Miller
Dawkins.
Vice Mayor Plummer: Well, no, no, sir. Sir, what we're saying is, you give your name to the
Clerk...
Commissioner Dawkins: I said if I don't find you one by then, it will be me.
Vice Mayor Plummer: All right.
Commissioner Dawkins: OK.
Vice Mayor Plummer: I'm not sure we want that.
Commissioner Dawkins: All right.
Vice Mayor Plummer: OK.
71 January 12, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-35
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
22. DISCUSSION CONCERNING OPTIONS REGARDING PROPOSED
RENOVATION OF TOWER THEATER CINEMA (1508 S.W. 8 STREET) --
AUTHORIZE ADMINISTRATION TO PURSUE PROPOSALS FOR
MANAGEMENT OF SAID THEATER AND ISSUE RFP -- DESIGNATE
COMMISSIONER GORT TO WORK WITH JACK LUFT IN DEVELOPMENT
OF RFP.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: The discussion on the renovation of the Tower Theater Cinema located
on Southwest 8th Street. Mr. Manager, is this your item?
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Plummer: One more boondoggle.
72 January 12, 1995
Mr. Odio: We have the money. The question here is, Commissioner, and I've been trying to
make it clear to staff, we have received the monies to redo the theater. My only condition to
staff has been that we, the City, are not responsible for any deficits of the operations of that
theater. So he's got to present to you the offices that we have, so that we are isolated - insulated,
I should say - from any deficits, so that we don't have to... We're covered for...
Commissioner Dawkins: You're recommending it with these provisos.
Mr. Odio: Yes, sir.
Commissioner Dawkins: OK.
Mr. Odio: That if we choose someone, they would have to insulate the City from any deficits,
that they operate it, and if they do have some profits, that we share into that part.
Vice Mayor Plummer: You know, I'm not going to go into it again. I don't know how you can
do that.
Mr. Odio: Very simple. We have options.
Vice Mayor Plummer: Mr. Manager, in my opinion, there is no way that anybody can operate
that and make a profit.
Mr. Odio: Can I present the options and then...
Vice Mayor Plummer: And I say to you... I will let you do it as soon as I finish. ... that you
cannot operate a theater, under any circumstances, without parking. There is no parking, none
whatsoever. And you're talking about they assume all the obligations, but if they make a few
dollars, we want a part of that? Well, let me tell you, I'm all in favor, but I don't think it's going
to happen.
Mr. Odio: Well, we're going to try it.
Vice Mayor Plummer: OK. Hey...
Mr. Odio: I didn't want to buy the theater. We got it, so...
Vice Mayor Plummer: You've already wasted a million dollars. It was a political maneuver.
We know it was a political maneuver, but that party is no longer around. Mr. Gort.
Commissioner Gort: Mr. Vice Mayor, I've been in that corner, I think it's been thirty -some
years. I've seen the Tower Theater being a very successful theater, when there was no parking at
the time. At the same time, I've seen the importance of that corner being utilized for the rest of
the business economic development of that area. I believe that it should be renovated, they
should landscape it, and it would help the 8th Street merchants in Little Havana quite a bit. And
we have proven that if you give the right things, people will come. We have a restaurant in the
middle of the block there. While one of the restaurants closed, one right next door there is a very
successful restaurant, because the manager of it and the owners have done some real good
things, and have brought people from all over. I think the trick to this is to make sure that we
have the right operators. I don't think the City is capable to operate that, and I think we should
have a Request for Proposals on that, and give it to the private enterprise, and do a joint venture.
Vice Mayor Plummer: OK. Mr. Gort, just let me clarify my remarks, sir. It's a reality, it's
done, the money is spent, but I question that you're going to get anybody in there who's going to
73 January 12, 1995
make money. So take it from there. If you have, God bless you. But let me tell you, I'll be
around a year from now, or two years, when you come here crying. Anybody else wish any
discussion? What do you wish for this Commission to do?
Mr. Jack Luft: We're asking you to authorize us to seek proposals for management of the
theater, from a professional, for profit management firm.
Vice Mayor Plummer: OK. All right. That's fine, sir. And you'll bring it back to this
Commission on February the 9th for us to approve that proposal or not.
Mr. Luft: That's correct.
Vice Mayor Plummer: Go ahead and get it together. As far as this Commission is concerned,
there's no objection. Mr. Gort.
Commissioner Gort: Mr. Vice Mayor, I have a question.
Vice Mayor Plummer: Yes, sir.
Commissioner Gort: When is this going to go into construction? When are you going to finally
start?
Mr. Luft: We will authorize construction bids to be issued. The bids probably will come back
sometime after we're able to select an operator, I would guess, probably April or... March or
April.
Commissioner Gort: No for the construction.
Vice Mayor Plummer: He's talking construction.
Commissioner Gort: I'm talking about construction.
Mr. Luft: Yeah. We are... We have the construction documents in hand. We need to authorize
bids.
Commissioner Gort: Right.
Mr. Luft: Request for bids from contractors.
Commissioner Gort: When we put the proposal out, do we have to give them 90 days to come
back, or can we expedite that?
Mr. Luft: I think the construction bids can come back... Agustin? In 30 days.
Commissioner Gort: In 30 days.
Mr. Luft: Yes.
Commissioner Gort: Good. OK.
Vice Mayor Plummer: OK.
Commissioner Gort: Thank you, sir.
74 January 12, 1995
Vice Mayor Plummer: The Chair will appoint Commissioner Gort to work with you in
developing those proposals.
Mr. Odio: One thing we need to be concerned on the construction, Jack, is that if we get a
private operator, they might want to have some things done...
Vice Mayor Plummer: Oh, sure.
Mr. Odio: ... to fit their needs. So...
Commissioner Gort: That will be to their expense.
Vice Mayor Plummer: Yeah. OK.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------
23. RATIFY MANAGER'S EMERGENCY ACTION IN WAIVING
REQUIREMENT FOR COMPETITIVE SEALED BIDS FOR FURNISHING OF
NEW CAB FLOOR FOR INSIDE ELEVATOR AT ORANGE BOWL
STADIUM -- FROM CENTRELLEX ELEVATOR SERVICE -- FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS & PUBLIC
FACILITIES -- ALLOCATE $8,860.
Vice Mayor Plummer: Next item.
Mr. Cesar Odio (City Manager): I just want to say for the record that the two emergency items
you are seeing here were prior to my commitment not to have any. This...
Vice Mayor Plummer: Ha -ha-ha.
Mr. Odio: We had to have the Orange Bowl ready for the Orange Bowl game. This was done
way back and...
Vice Mayor Plummer: OK. Item 16 is ratifying and confirming and the City Manager's...
Commissioner Gort: My understanding is...
Vice Mayor Plummer: ...emergency action requiring a four -fifths vote for the elevator in the
Orange Bowl. Is there a motion?
Commissioner Gort: There's three different bids and it...
Commissioner Dawkins: It's been done. I move. It's been done already. So move.
Commissioner Gort: Second. There's three bids and it's the lowest bid and so on.
Mr. Odio: Yes, sir. They were a competitive bid.
Vice Mayor Plummer: You know, a four -fifths vote, I can't vote against it, but I'll just put on
the record my longstanding, that I don't think that the emergency items are emergencies when
it's not life or death.
75 January 12, 1995
Mr. Odio: This elevator had a rotten floor.
Vice Mayor Plummer: There is a motion on the floor by Gort, seconded by Dawkins. Is there
any further discussion? Any member of the public wishing to discuss item 16? If not, call the
roll on the first vote.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-36
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 EMERGENCY ACTION IN WAIVING THE REQUIREMENT FOR
COMPETITIVE SEALED BIDS FOR THE FURNISHING OF A NEW CAB AND
FLOOR FOR THE INSIDE ELEVATOR AT THE ORANGE BOWL STADIUM FROM
CENTRELLEX ELEVATOR SERVICE IN A TOTAL PROPOSED AMOUNT OF
$8,860.00 FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND
PUBLIC FACILITIES; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 350503-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
Vice Mayor Plummer: On the second vote... Does it take a second vote?
Ms. Matty Hirai (City Clerk): No, no. It's just four -fifths.
Vice Mayor Plummer: OK.
76 January 12, 1995
----------------------------------------------------------------------------------------------------------------
24. RATIFY MANAGER'S EMERGENCY ACTION IN WAIVING
REQUIREMENT FOR COMPETITIVE SEALED BIDS FOR REPAIR OF
ROOF ON POLICE DEPARTMENT HEADQUARTERS BUILDING -- BY
CONSTRUCT RESTORE, INC. -- ALLOCATE $94,415.
Vice Mayor Plummer: Item 17. One more emergency item.
Mr. Cesar Odio (City Manager): Again, the Miami... The roof of the Police Department was
leaking seriously.
Vice Mayor Plummer: Yeah, the roof in the Police Department.
Commissioner Dawkins: I move it, and I want to discuss it.
Vice Mayor Plummer: OK. Moved. Is there a second?
Commissioner Gort: Second.
Vice Mayor Plummer: Seconded by Gort. Commissioner Dawkins.
Commissioner Dawkins: Now, I have to agree with Plummer. You can't tell me, Mr. Manager,
that this building was leaking all this time, and we never went out for bids to replace the roof,
and we let the roof leak to the point where it was falling in on us, and then it had to be an
emergency to get it done. I mean, we need to operate better than this.
Vice Mayor Plummer: Well, my standing is the same, and I'll just briefly say it, because it holds
true throughout. You'll never know whether you've got the best price unless you go out and
have a bidding procedure.
Mr. Odio: We did go out on bids.
Vice Mayor Plummer: OK. You did not go out on a bid here for the regular bid.
Mr. Odio: Yes. We got competitive bids.
Vice Mayor Plummer: You went on telephone bids,
Mr. Odio: We got sealed bids on this process.
Vice Mayor Plummer: You did?
Mr. Odio: Sealed bids.
Vice Mayor Plummer: I didn't see them.
Mr. Odio: It's that we had to award...
Vice Mayor Plummer: OK.
77 January 12, 1995
Mr. Odio: ... to correct the roof prior to coming to you.
Vice Mayor Plummer: Is Restore, Inc. a City of Miami Vendor?
Mr. Jim Kay: No, sir.
Vice Mayor Plummer: I'm sorry?
Mr. Kay: Dade County.
Vice Mayor Plummer: Dade County. OK. We got... Dawkins, you got to be here to vote.
Commissioner Gort: Mr. Vice Mayor.
Vice Mayor Plummer: No, you can't do... Well, hold on, wait a minute. We're on this item
now. Hold on.
Commissioner Gort: No, I got a question on this item.
Vice Mayor Plummer: All right, sir, on item 17, Commissioner Gort.
Commissioner Gort: On item 17, Mr. Manager, what I would like, when your staff comes in on
an emergency, explain the emergencies. We understand it because we've got the documentation,
we read it through, but the public does not have an understanding. So put on the record the
process you used and why it is an emergency. Thank you.
Mr. Kay: This is an emergency. There were severe leaks on the police station roof. In the
beginning, the leaks were not quite so bad. They got worse with time.
Mr. Odio: If I may... If I may...
Commissioner Dawkins: It's been done. I move it.
Vice Mayor Plummer: OK.
Mr. Odio: If I may, to put on the record, Commissioner.
Commissioner Dawkins: It's been done. We move it.
Vice Mayor Plummer: We got it.
Mr. Odio: Whereas water...
Commissioner Gort: We want to put it on the record.
Vice Mayor Plummer: Well, they're justifying the emergency.
Mr. Odio: Where it got to be an emergency, water was leaking into the division of computers,
which posed a serious threat to the $7,000,000 of computer hardware housed in that area.
Commissioner Gort: You had sealed bids for it.
Commissioner Gort: You had sealed bids also.
78 January 12, 1995
Mr. Odio: At that point, we had sealed competitive bids done, and we had to award, prior to
coming here, so that we could repair the roof. That's the... But we did not cut the bid process.
Vice Mayor Plummer: Call the roll on item 17, please.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-37
f A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
EMERGENCY ACTION IN WAIVING THE REQUIREMENT FOR COMPETITIVE
SEALED BIDS FOR THE REPAIR OF THE ROOF ON THE POLICE DEPARTMENT
HEADQUARTERS BUILDING BY CONSTRUCT RESTORE, INC., IN THE
AMOUNT OF $94,415.00; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, INDEX CODE NO. 299301-830, PROJECT
312015; 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 Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
j Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
79 January 12, 1995
----------------------------------------------------------------------------------------------------------------
25. DISCUSS AND TABLE (TO AFTERNOON SESSION)
CONSIDERATION OF AGENDA ITEMS 18, 19, AND 20, NAMELY:
(A) PROPOSED RESOLUTION TO ISSUE REQUEST FOR PROPOSALS
(RFP) FOR UNIFIED DEVELOPMENT PROJECT (UDP) FOR
DEVELOPMENT OF THE VIRGINIA KEY CAMPGROUND AND
ANCILLARY RECREATIONAL FACILITIES ON 165 ACRES OF
CITY -OWNED LAND AT VIRGINIA KEY BEACH, ETC. (See label
59)
(B) ISSUE RFP FOR A UDP FOR DEVELOPMENT OF A MEGA
YACHT MARINA AND RELATED USES ON 26 ACRES OF CITY -
OWNED LAND AT WATSON ISLAND, ETC. (See label 59)
(C) ISSUE RFP FOR UDP FOR DEVELOPMENT OF THE MIAMI
MARINE STADIUM AND RELATED MARINE AND
RECREATIONAL USES ON 18 ACRES OF CITY -OWNED LAND
AT 3601 RICKENBACKER CAUSEWAY, ETC. (See label 59)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 18. You got people here. A lot of people here on 18.
Commissioner Dawkins: OK. Well, I want to tell all of you, I would like to continue 18, 19 and
20. My reason for wanting to continue them is, I received these documents, and when I first
received them in my office, it said "draft." Then I received what was called the finished product.
There's no way, my fellow Commissioners, for me to go through here and digest this, and come
up with questions of staff that could satisfy me. Mr. Manager, these are some of the questions
that I have. That's why I would like to have it deferred, so that I could hear them.
Vice Mayor Plummer: Well, Mr. Dawkins, may I suggest, if that's the feeling of the other
Commissioners, that rather than discuss it, just go ahead and defer it.
Commissioner Dawkins: Yeah, but I need to... OK. But I'd like... I would like the Manager to
know what I want him to answer.
Vice Mayor Plummer: All right, sir. Go ahead.
Commissioner Dawkins: OK? Mr. Manager, are you saying that the proposed redevelopment
scenario, as spelled out in this RFP (Request for Proposals) will maximize the use of this site? If
so, tell me why. OK?
Vice Mayor Plummer: Are you referring to 18, 19, or 20? Which one?
Commissioner Dawkins: All three of them.
Vice Mayor Plummer: All three. OK.
Commissioner Dawkins: What are the alternative development plans considered by and rejected
by your staff for each site? Only when I know the alternatives will I be able to determine that
the City will benefit from the development. The City Commission is issuing three RFPs. How
will the development proposed for each site enhance the other two? Make it more difficult to
develop the other two, or what? "A," has the City attempted to develop any of these parcels with
the same RFP or a similar RFP? Has the City issued RFPs for these parcels before? If so, how
80 January 12, 1995
many? Who responded? What was the reason for so many or so few responses? "C," is it the
intent of an RFP to solicit responses from as many people as possible, particularly in view of
Charter Provision 29-B, which requires a referendum, if the City receives less than three
proposals? If this is the intent, isn't it reasonable to conclude that all the development programs
should be modified to attract more proposals, especially the one from Virginia Key? If we go to
the citizens with a referendum, what would it cost? "D," if the City is operating and managing
Virginia Boatyard now, and we're making money, what is the need to seek an RFP, unless you
intend to maximize the amount of money that we're making?
Vice Mayor Plummer: That's a good question.
Commissioner Dawkins: Then why not issue an RFP to develop the whole parcel, instead of
one? Now, those are the questions that I need answered before I can consider this.
Vice Mayor Plummer: OK.
Ms. Mabel F. Miller: Mr. Mayor...
Vice Mayor Plummer: Excuse me.
Ms. Miller: Yes.
Vice Mayor Plummer: Is your motion to defer?
Commissioner Gort: Mr. Vice Mayor, before...
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: Wait a minute, now. Hold on. He made a motion to defer. Is there a
second to the motion on the floor? Is there a second to the motion...
Commissioner De Yurre: Well, I'll second for discussion.
Vice Mayor Plummer: For discussion, it's now seconded.
Commissioner De Yurre: Now...
Vice Mayor Plummer: Commissioner Gort.
Commissioner Gort: For discussion, my understanding is the Mayor said he would like to be
present, even when we make the motion for deferral. I guess he might have some questions,
some things he would like to add to it. So for that reason, at the same time...
Vice Mayor Plummer: Well, he didn't give me those instructions, but I don't have a problem.
Commissioner Dawkins: OK. I withdraw my... Mr. Vice Mayor, I withdraw my motion, and
table 18, 19 and 20 until the Mayor is here. In fact, I think with the audience that we have, and
everybody desiring to be heard, I think we should schedule it, Mr. Vice Mayor, as the first item
after lunch.
Vice Mayor Plummer: That will be three o'clock.
Commissioner Dawkins: Three o'clock, so that they will know, and they won't sit here, and
then the Mayor comes back in here five minutes to twelve, and we break for lunch, and they're
still sitting here.
81 January 12, 1995
Vice Mayor Plummer: OK. This matter will be deferred until... 18, 19...
Commissioner Dawkins: Continued.
Vice Mayor Plummer: ... continued. Eighteen, 19 and 20 will be continued until three o'clock
this afternoon.
Commissioner De Yurre: OK. I'd like to ask a question, though. I was looking...
Vice Mayor Plummer: Yes, sir.
Commissioner De Yurre: Mr. City Manager, I was looking at the packet. I did not see any
report from the Asset Review Committee on these recommendations. Where are they?
Mr. Odio: They did not... We did not go to the Asset Review Committee.
Vice Mayor Plummer: OK.
Commissioner De Yurre: Well, why not?
Vice Mayor Plummer: Then that's another reason.
Commissioner De Yurre: Well, why didn't it go... Isn't it supposed to go there? I mean, like,
what's the purpose of the asset...
Mr. Odio: After you agree to issue, then we'll go to them. If you don't author...
Mr. Kay: Mr....
Mr. Odio: Excuse me. If you don't authorize us to proceed, what's the sense of going to them?
Commissioner De Yurre: Well, then, maybe they'll bring us their recommendations as to what's
being presented here.
Mr. Odio: They have access to the documents, if they wish.
Commissioner De Yurre: Well, but doesn't the Asset Review Committee meet regularly to
review things of this nature?
Mr. Odio: Not... It's a new process to me. So...
Commissioner De Yurre: Well, I would say that I would like them to review it before I get it...
Mr. Odio: We've been working on these RFPs now for months in here.
Vice Mayor Plummer: Well, excuse me. I mean, it's matter of supplying them with a copy.
They can do what they want with it. They can talk about it, they can recommend about it, or
they can forget about it.
Mr. Odio: But I need a clarification here, because we're putting...
Vice Mayor Plummer: Excuse me. There's no clarification needed. They have no authority
other than that of recommendation. That's it.
82 January 12, 1995
Mr. Odio: Correct. Only on leases. This is... And this is an RFP. I didn't know we had to take
RFPs to them. We already...
Vice Mayor Plummer: You don't have to, Mr....
Mr. Odio: We already go through the Waterfront Board to review RFPs that are dealing with the
Waterfront Board. They deal with leases, and we're not dealing here with leases.
Commissioner De Yurre: Well, I'd like to get their input, you know, just...
Mr. Odio: Oh, fine. They can read the document.
Vice Mayor Plummer: I would say in the future that any of these things be sent to them, they
can do what they want. If they want to make a recommendation, fine.
Mr. Ruben Oliva: And we would like to...
Vice Mayor Plummer: Fine, fine.
Mr. Oliva: Mr. Vice Mayor, if I may be recognized. Ruben Oliva, of the Property and Asset
Review Committee. We have never been provided these RFPs, although we have repeatedly
requested that they be provided to our committee. We...
Vice Mayor Plummer: Now, that's a different story.
Mr. Oliva: We asked that Mr. Bailey... We asked that Mr. Bailey come before our committee.
He did not.
Vice Mayor Plummer: Sir, the next time you ask for a document and are not provided with that,
you contact any one of these Commissioners, and we'll find out some reason why.
Mr. Oliva: And we would have, except that we found out in our meeting this week, these RFPs
were being presented to the Commission this week.
Vice Mayor Plummer: See, because when they do that, sir, under normal circumstances, it's not
a matter that they're going to get fired. They might go to jail, because public records documents,
they have the right... You have the right to have those documents.
Mr. Oliva: Well, I don't know if it was an intent not to provide these things.
Mr. Odio: Let's be careful with language...
Mr. Oliva: Rather, what... I just want to clarify something.
Vice Mayor Plummer: All right. We're going to move on.
Mr. Odio: Let's be careful with language here.
Vice Mayor Plummer: We'll discuss this at three o'clock, sir.
Mr. Oliva: Thank you, Commissioner.
Vice Mayor Plummer: You're welcome to come back.
83 January 12, 1995
Ms. Miller: Mr. Mayor.
Vice Mayor Plummer: Yes, ma'am.
Ms. Miller: Would you do me the courtesy, please...
Vice Mayor Plummer: Yes, ma'am.
Ms. Miller: ... to suggest to you that if you can possibly consider 18. Many of us have read the
three RFPs. We have scores of high school students here who are on a field trip. They must get
back to their school. They wish to make testimony on item 18. Could you reconsider and allow
them?
Vice Mayor Plummer: Ma'am, I would... I have no problem. The Mayor has asked, and I will
honor the Mayor's request that this matter be deferred until his return, and he will return at three
o'clock, ma'am.
Ms. Miller: All right. They're going to be tardy for school, but...
Vice Mayor Plummer: Then I'm sorry...
Ms. Miller: ... we'll see if we can get them to wait.
Vice Mayor Plummer: ... but I am not going to stab my Mayor. OK?
Ms. Miller: We'll try to be here. Thank you.
Vice Mayor Plummer: We'll be happy to have you at three o'clock, and we'll have time for
input, because our next item is not until four.
[AT THIS POINT, AGENDA ITEMS 18, 19 AND 20 WERE
DEFERRED UNTIL 3:00 P.M.]
Vice Mayor Plummer: I have a message here now with my colleagues that Arthur Teele does
wish to be here at four o'clock, and he will be here to discuss this item, Mr. Manager. Anyone
who, of staff, that needs to be here, so inform them that Commissioner... Chairman Teele will be
here at four o'clock. OK? Item 21.
Commissioner Dawkins: What is the nature of his coming?
Vice Mayor Plummer: Sir, you read between those lines. All I can tell you is Teele is on the
time and does want to come back at four p.m.
Commissioner Dawkins: OK. No problem. OK.
Vice Mayor Plummer: OK?
Mr. Manuel Gonzalez-Goenaga: Could I have the courtesy to address the Commission for a
comment?
84 January 12, 1995
Vice Mayor Plummer: Sir, if it's a public comment, quickly.
Mr. Gonzalez-Goenaga: Yes. Students, you are learning the hard way how this circus works.
Vice Mayor Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: You are learning from the early age.
Vice Mayor Plummer: Item 21.
Mr. Gonzalez-Goenaga: I have aged a lot here in Miami. Twenty-one?
Vice Mayor Plummer: Which... Wait, wait a minute. Hold it. Excuse me, ma'am. Mr.
Manager, this lady is inquiring why she was told that this item was going to be at five o'clock.
Mr. Odin: No one said it would be at five o'clock.
Vice Mayor Plummer: And... Who told you that, ma'am?
Mr. Odio: No one said it would be at five.
Vice Mayor Plummer: Who told you that?
Mr. Odio: This agenda has been published for five days.
Vice Mayor Plummer: Would you go... Well, excuse me. All right, wait, wait, wait. Would
you go over to the Clerk, who is responsible for publishing all of these records and find out from
her, ma'am. I can't answer that. They're saying that there was an advertisement that scheduled
this for five...
(INAUDIBLE COMMENT NOT ENTERED IN THE PUBLIC RECORD.)
Vice Mayor Plummer: Publicly announced where? By a Commissioner? A single
Commissioner? Ma'am, no single Commissioner has the right. It takes three votes up here. I
don't know who that Commissioner was, and I don't want to know. OK? I'm sorry. All I can
tell you is three votes is what it takes to vote anything here.
Unidentified Speaker: Three o'clock?
Vice Mayor Plummer: Three o'clock, yes, ma'am.
Unidentified Speaker: We'll be here.
Vice Mayor Plummer: Yes, ma'am.
Mr. Martin S. Tritt: Could I ask you one question, Mr. Mayor. Just about...
Vice Mayor Plummer: On this item, sir?
Mr. Tritt: No, sir, on 38, also pertains to this, and I would not like to hang around until... I think
it should be...
Vice Mayor Plummer: Well, sir, we're a tong way from 38.
85 January 12, 1995
Mr. Tritt: I know, but it should be discussed at the same time. It's the Watson Island, on the
other side.
Vice Mayor Plummer: Well, sir, if somebody here requests that it be done, we can move it over
till that time. Yes, sir.
Mr. Tritt: OK.
----------------------------------------------------------------------------------------------------------------
26. AUTHORIZE INCREASE (NOT TO EXCEED $14,700) IN CONTRACT WITH
TECINA INTERNATIONAL, INC., THEREBY INCREASING CONTRACT
TO $120,069.46 (CIP 331359, PEACOCK PARK REDEVELOPMENT
PROJECT B-6205).
Vice Mayor Plummer: Item 21. Improvements to Peacock Park.
Mr. Wally Lee (Assistant City Manager): Yes, Commissioner. This was a request...
Commissioner Dawkins: Move it.
Vice Mayor Plummer: Is there a second?
Commissioner Gort: Second.
Vice Mayor Plummer: Second. Anyone wishing to discuss item 21? Hearing none, call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-38
A RESOLUTION AUTHORIZING AN INCREASE IN AN AMOUNT NOT TO
EXCEED $14,700.00 IN THE CONTRACT, DATED APRIL 14, 1994, BETWEEN
THE CITY OF MIAMI, FLORIDA AND TECINA INTERNATIONAL, INC.,
THEREBY INCREASING SAID CONTRACT FROM 4105,39.46 TO $120,069.46 FOR
CAPITAL IMPROVEMENT PROJECT NO. 331359, ENTITLED "PEACOCK PARK
REDEVELOPMENT PROJECT B-6205"; ALLOCATING FUNDS THEREFOR FROM
FUNDS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENT
ORDINANCE NO. 11205, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
86 January 12, 1995
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
-------------------- --------------- -----------------------------------------------------------------------------
27. DENY PROPOSED RESOLUTION TO RATIFY MANAGER'S EMERGENCY
ACTION IN WAIVING REQUIREMENT FOR COMPETITIVE SEALED BIDS
FOR PURCHASE OF 400 HUBCAPS FOR 1991, 1992 AND 1993 POLICE
DEPARTMENT PATROL VEHICLES FROM MAROONE CHEVROLET.
(Note: This motion was later reconsidered and adopted as R-95-42.) (See label
29)
Vice Mayor Plummer: Item 22, another one of those emergency items.
Commissioner Dawkins: No. No. No.
Vice Mayor Plummer: Motion to deny.
Commissioner Dawkins: Yes. And the reason I'm denying is nobody can explain to me how
hubcaps is an emergency that you just... you can't put out for a bid and wait for a bid here.
Vice Mayor Plummer: Is there a motion... a second to the motion?
Mr. Ron Williams (Assistant City Manager): If I may, Mr. Vice Mayor.
Vice Mayor Plummer: Excuse me. Is there a second to the motion to deny?
Commissioner Gort: For discussion purposes, second.
Vice Mayor Plummer: Some discussion by... Commissioner Gort seconds the motion. Now,
Commissioner Dawkins.
Commissioner Dawkins: Go right ahead, Mr. Williams.
Mr. Williams: Thank you. Thank you, Commissioner Dawkins. In fact, this was an emergency
situation, Commissioner Dawkins, and quite frankly, it was certainly before the Manager's
commitment not to bring any emergencies. We had an initial problem with the 91/92/93 police
vehicles, of the hubcaps falling off. We got with Chevrolet on that. We fought with them. We
did get them to replace those, those hubcaps. They provided us with a hubcap that was a little
better, but quite frankly, it didn't do the job.
Commissioner Dawkins: Right.
87 January 12, 1995
Mr. Williams: As we began to prepare our fleet, prior to the Summit of Americas, motorcycles,
police cars going into full force situation, we wanted those vehicles to look good, look proper, be
on display, and we thought that without those hubcaps, we would not, certainly, represent where
you, in this City, wanted us to be. We asked the Manager for emergency authorization, and
proceeded with that. I must also add that because those hubcaps specifically fit our fleet, they
had to come from Chevrolet, and that also has a lot to do with the lack of competitiveness.
Commissioner Dawkins: And for a whole year, or a year and a half, hubcaps were falling off of
an automobile...
Mr. Williams: And we were replacing them.
Commissioner Dawkins: ... and you did not decide to get them until somebody says the Summit
is coming, and we have to have all these beautiful automobiles to show the people that we don't
drive automobiles around without hubcaps.
Mr. Williams: On the contrary, Commissioner Dawkins. We were working on this and
replacing them in an ongoing basis. We just found ourselves in the situation as we reviewed the
fleet, that we still had a bunch of them missing, and thought it appropriate, that we would grab
those and make sure that the right type of hubcaps would be on those vehicles.
Vice Mayor Plummer: Any further discussion?
Mr. Manuel Gonzalez-Goenaga: Yes. A public hearing. I am...
Vice Mayor Plummer: Yes, sir, you have thirty seconds or more.
Mr. Gonzalez-Goenaga: I understand two minutes minimum.
Vice Mayor Plummer: Two minutes.
Mr. Gonzalez-Goenaga: Well, I am urging that any one of those empty seats are filled, because I
might run against either side. Well, the point is...
Vice Mayor Plummer: Wait a minute. You want me to go back over where I belong?
Mr. Gonzalez-Goenaga: Because I am tempted to move to that seat now, Mr. Plummer, and
leave De Yurre alone. Time will tell. Anyway, my friends, Commissioners, citizens of Miami,
hubcaps, hubcaps... to a cosmetic. It's not the problem of cosmetics that we are interested here.
If you read the newspaper, it's the problem of the persons, the human beings. We don't want
cosmetics. I'd rather ride a mule, and be an honest, and truthful, and a good policeman than
have bad policemen in a Cadillac. So let's start and stop playing games. And. Mr. Bailey, I have
to congratulate you, because for the first time, I have heard a public employee say that the
politics and bureaucracy is not efficient. I congratulate for your honest statement. And let's
change this ball game, babies.
Vice Mayor Plummer: Call the roll. Call the roll.
88 January 12, 1995
i
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.95-39
A MOTION TO DENY AGENDA ITEM 22 (PROPOSED RESOLUTION SEEKING
RATIFICATION, APPROVAL AND CONFIRMATION OF CITY MANAGER'S
EMERGENCY ACTION IN WAIVING COMPETITIVE SEALED BIDS FOR
PURCHASE OF FOUR HUNDRED HUBCAPS FOR 1991, 1992 AND 1993 POLICE
DEPARTMENT PATROL VEHICLES FROM MAROONE CHEVROLET AT A
TOTAL PROPOSED AMOUNT OF $67,000). (Note: This motion was later
reconsidered by M-95-41.)
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: Commissioner Wifredo Gort
ABSENT: Mayor Stephen P. Clark
Commissioner Dawkins: He voted no? Well, we got to have four -fifths.
Vice Mayor Plummer: Huh?
Ms. Matty Hirai (City Clerk): No, no, it doesn't. It doesn't need to.
Commissioner Gort: Your motion was to deny.
Vice Mayor Plummer: Your motion was to deny.
Ms. Hirai: Yes.
Vice Mayor Plummer: That was a negative.
Commissioner Dawkins: OK. Negative.
Vice Mayor Plummer: OK.
Commissioner Dawkins: All right. I just voted... I just put it on there. I'll vote for it.
Ms. Hirai: No...
Vice Mayor Plummer: Well, wait a second. Can I ask a stupid question.
89 January 12, 1995
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: That's... Is it only four -fifths to approve or does it take four -fifths to
deny?
Ms. Hirai: No. It needs four -fifths to...
Mr. Joel Maxwell (Assistant City Attorney): Four -fifths to approve.
Ms. Hirai: ... to approve.
Vice Mayor Plummer: Well, what about if it's... The motion was to deny. Does that take four -
fifths also?
Mr. Williams: That's a different motion, Mr. Mayor.
A. Quinn Jones, III, Esq. (City Attorney): No. That's a different motion. You had a motion to
deny, and that didn't require four -fifths.
Vice Mayor Plummer: So then the motion to deny passes?
Ms. Hirai: Yes, sir.
Mr. Jones: Yes, sir.
Vice Mayor Plummer: Three to one.
Mr. Jones: Yes, sir.
Vice Mayor Plummer: That's right. Thank you, sir.
Commissioner De Yurre: I think, J.L., that...
Mr. Williams: Mr. Mayor, before you pro...
Commissioner De Yurre: Hold it. Hold it a second.
----------------------------------------------------------------------------------------------------------------
28. AUTHORIZE ADDITIONAL $10,000 REWARD ($20,000 TOTAL), FOR 90-
DAY PERIOD, FOR INFORMATION LEADING TO APPREHENSION OF
TWO ESCAPED CONVICTS STILL AT LARGE FROM GLADES
CORRECTIONAL INSTITUTION.
Commissioner De Yurre: Now we're talking about the Police Department, that we should
congratulate Officer Lozano for the job that he did last night in apprehending the third of the five
escapees. And, you know, as we watch this thing unfold, you know, we see the great job that the
police, in general, is doing towards remedying this situation.
Vice Mayor Plummer: Victor, let me tell you something. You're absolutely right. You know,
it's amazing in this town how when something goes wrong, so many are quick to criticize, but
90 January 12, 1995
yet, when something well happens in our favor, they all disappear. I want to tell you, as one
person, and I'm not going to mention the TV station that I was watching, that instead of
congratulating Officer Lozano for a job that he did was damn well done, without incident,
without any shots being fired or anything,
Commissioner Dawkins: If you're not going to name the TV station, don't bring that up.
Vice Mayor Plummer: Well, no, no.
Commissioner Dawkins: Go ahead, tell us who it was.
Vice Mayor Plummer: They went in and discussed about a riot that took place, about other
things in there, and how they stretched that story out. But to do that, in my estimation, was the
worst kind of journalism I think they could do.
Commissioner Dawkins: Worse than the Miami...
Vice Mayor Plummer: This man should be commended for what he did. I'll tell you something,
it's incredible that that should have happened the way that it did.
Commissioner Dawkins: You know, and not only should he be commended, he didn't do it
alone. It was a team effort. The minute he realized what he had, and he called for backup, other
professional policemen went to the area immediately, and took charge, and settled the problem.
So you... So there again, it just comes back to show you the dedicated professionals that we
have out there without... But there again, like you said, if that officer had raped a woman, or
had been a part of that strangling, it would have been all over all the news media, all of the
newspapers. But because it was a negative - it wasn't a negative - we don't get the publicity. So
I think we should... In fact, I'd like to see us write - somebody up here, because I don't write to
them - but somebody up here needs to write that gentleman who comes on Channel 10 with his
editorial and say, we invite contrasting points of view. Somebody should go up there and tell
him that we disagree with what they did, and that we think that they should be commended.
Now, that would be my suggestion.
Vice Mayor Plummer: Commissioner De Yurre.
Commissioner De Yurre: Well, does Officer Lozano get the ten thousand dollars now?
Mr. Cesar Odio (City Manager): That's a good question.
Commissioner De Yurre: He should.
Mr. Odio: There is a reward out on these people.
Vice Mayor Plummer: Well, I think law enforcement officers are, in fact...
Commissioner Dawkins: If he doesn't get it, they should give it to a private charity in his honor.
Commissioner Gort: Donate it to a pri... yeah.
Mr. Odio: I think Al Cotera would say that he gets paid to do what he did last night.
Vice Mayor Plummer: No, well, you know...
Commissioner Gort: Yeah, but donate it to a private charity.
91 January 12, 1995
Vice Mayor Plummer: Can I make a motion? I'd like to make a motion at this time. Let's see
whether we want to fish or cut bait. I'd like to make a motion at this time that this Commission
allocate the sum of twenty thousand dollars - ten thousand dollars on each of the remaining
heads that have not been captured.
Mr. Odio: Why us?
Vice Mayor Plummer: Why us? Because it's in our community where they're supposed to be.
Commissioner Dawkins: Hold it, hold it. Let's hear the motion. Go ahead.
Vice Mayor Plummer: All right? And that, in fact, for a ninety -day period, we establish and
double that fund. If that money opens up mouths, and talks, and brings in the apprehension of
these people off of our streets, to me, it's money well spent. I'll offer that and let's see.
Commissioner Dawkins: All right. I'll second the motion, and under discussion. If you will
amend your motion to say thirty thousand dollars, with ten thousand dollars going to the
gentleman who has already demonstrated and captured one person, then I will vote for it. But
now, you're going...
Vice Mayor Plummer: I have no problem with that.
Commissioner Dawkins: OK, all right.
Vice Mayor Plummer: But tell me how you do it. That's... I don't know how you do it.
Commissioner Dawkins: Well, find a way. I mean...
Commissioner De Yurre: Well, what are we saying now?
Vice Mayor Plummer: All right. Here's my motion.
Commissioner De Yurre: If they're found in the City of Miami, is that it?
Vice Mayor Plummer: Yes, sir.
Commissioner De Yurre: If they're found somewhere else, that doesn't apply.
Vice Mayor Plummer: Well, I don't know how you would do that, Victor. Look, I think the
important thing that I'm trying to say to this community is, is the fact they're possibly on our
streets, as we saw yesterday, and we want them off of the streets, and if money opens up mouths
for people to talk, to bring the capture of those two back in, I'm willing to put up those dollars.
Now, how Commission...
Commissioner De Yurre: But is it going to come out of your campaign account, or how is it
going to work?
Vice Mayor Plummer: I don't have a campaign account, sir.
Commissioner Dawkins: OK. But there, again, are you saying that we are proud of the
gentleman, and the work of the policemen, and the work that he did, so therefore, since there is
ten thousand dollars available, and he can't collect it because he was doing his job.
92 January 12, 1995
Vice Mayor Plummer: All right.
Commissioner Dawkins: But, yet, now, you're going to say that in the event that somebody else
catches one or kills one, it don't make any difference now, as long as he's captured, OK?
Vice Mayor Plummer: He's off the street.
Commissioner Dawkins: That's right, as long as he's off the street, now. That's all we're
interested in.
Commissioner De Yurre: Well, I'll tell you, J.L., you know, what I would do, you know, I'd go
as far as this, you know. What Lozano did last night, I think it's very, very significant. You
don't know what could have happened.
Vice Mayor Plummer: Very much so, absolutely.
Commissioner De Yurre: And I think as a token of our appreciation as a community, because I
know he cannot take that ten thousand dollars...
Vice Mayor Plummer: That's correct.
Commissioner De Yurre: I think this Commission should give him ten thousand dollars. OK?
You know...
Vice Mayor Plummer: You can't do that, Victor.
j Commissioner De Yurre: Why not?
Vice Mayor Plummer: He can't accept it.
Mr. Odio: We have...
Vice Mayor Plummer: All right, look. May I suggest this, Mr. Manager.
Mr. Odio: We have labor contracts.
Vice Mayor Plummer: What?
Mr. Odio: We have labor contracts.
Vice Mayor Plummer: Sir, what I'm...
Commissioner Dawkins: What do labor contracts have to do with it?
Vice Mayor Plummer: But, what I'm going to recommend, that if it's legal, that you bring it
back this afternoon, and if it's legal, then we can discuss it, if it's legal. If it's not, then we won't
discuss it.
Commissioner Dawkins: Wait a minute. But what does... I need to know from the Manager,
what does rewarding a worker for a job well done have to do with a labor negotiated contract?
Explain that to me.
Vice Mayor Plummer: I can't ... Mr. Manager.
93 January 12, 1995
Commissioner Dawkins: No, no, now, you're not the Manager. Now, you're not the Manager.
Mr. Odio: We have 66,000 arrests a year. They're police officers...
Commissioner Dawkins: No, no, no. We're saying... No, no. We're rewarding for one arrest,
not ten thousand, not eighty thousand. We are segregating out one arrest, and we decide, this
Commission, that this was something that was ordinarily not done, and that the individual, we
should show how much we appreciate it, and acted... offer incentives for others, maybe, to do
that. And you're going to tell me that the labor... the labor law says you can't do it.
Vice Mayor Plummer: OK. Where are we? There's a motion made and...
Commissioner Gort: Let me...
Vice Mayor Plummer: Commissioner Gort.
Commissioner Gort: Mr. Plummer, let me tell you how I feel about it. I think there's a lot of
officers. I think that it's commendable what he did last night, and I think it was great. But I
think this is the job that we pay him, and they're trained to do that. If we're going to do it with
this one officer, then we got to do it with all the other arrests. Then how are you going to... You
set out a precedent, that you shouldn't. There's a lot of police officers that's making arrests over
there, risking their lives, and many other things, and they're not being rewarded for it. If you
start a precedent, I'll be against this, to tell you the truth.
Commissioner Dawkins: Well, OK. I could agree...
Vice Mayor Plummer: Well, I got a motion...
Commissioner Dawkins: I could agree with you...
Vice Mayor Plummer: Commissioner Dawkins.
Commissioner Dawkins: Let's say it like this, Commissioner Gort, that where there is the
availability of a monetary compensation, and that the officer who made the arrest is not entitled
to the monetary consideration, because that individual is a policeman and was doing his job, that
in those instances, the City can make it available. But if there was nothing available, then you
don't make it available. What's wrong with that?
Vice Mayor Plummer: Mr. Manager, he asked the question of you, sir.
Commissioner De Yurre: Well, J.L., why don't we just leave it for future consideration. I think
that something should be done in the future, and then we'll take it from there.
Vice Mayor Plummer: Well, that item, you can, because it's done and over with. I am
concerned about the two that are still remaining out there on the street. That was the thrust of
my motion. Now, if you all don't want to vote on that, that's up to you. That was my feelings,
it's still my feelings. If you all feel differently or you don't want to support it, that's fine. I did
what I thought was right, and that's the way it goes. Al, Mr. Cotera, on behalf of the FOP
(Fraternal Order of Police.)
Mr. Al Cotera: Yes. Al Cotera, president, Fraternal Order of Police. Mr. Plummer, I appreciate
what you're trying to do. There is a problem in that, number one is, I think that you would find a
conflict with the current departmental orders, as far as gratuities are concerned; number two is,
he was doing his job. If you set a bad precedent, because if tomorrow... In other words, I'd have
94 January 12, 1995
every policeman on the street - hopefully, it wouldn't happen - but they'd be looking for the next
two guys in the expectation of receiving an award.
Commissioner De Yurre: And we'd give them the money gratefully.
Mr. Cotera: And I don't think that that's appropriate. I think that...
Commissioner De Yurre: No, but, Al, if they can find the two other guys...
Mr. Cotera: I think that that's their job. I think that several of us have caught murderers, not
necessarily escaped ones, but we have caught murderers, and we do on a day-to-day basis. And
again, I thank you. I think that it's well intentioned. My suggestion would be that in his name, if
that's what the City desires, that some funds be donated to POAT (Police Officers Assistance
Trust) in his name, or another charity, but not to the individual. I don't think that he, himself
would accept it.
Vice Mayor Plummer: All right.
Mr. Cotera: Thank you.
Vice Mayor Plummer: Commissioner Dawkins, you made that as an amendment to my motion,
and do you wish to still second my motion?
Commissioner Dawkins: No.
Vice Mayor Plummer: My motion was simply to put ten thousand additional on each one of
their heads, to try to get them off the street for a period of ninety days.
Commissioner Dawkins: If they collect...
Vice Mayor Plummer: It worked before.
Commissioner Dawkins: If they are apprehended within the City boundaries.
Vice Mayor Plummer: To get it on the vote, I'll even go along with that. I would like to get
them anyway, OK? Anyway.
Commissioner Dawkins: Yeah, but if they're caught in Miami Beach, Miami Beach ought to put
up the $10,000.
Vice Mayor Plummer: Well, sir, you know, these people, as I understand it, all five of these
people came from this City.
Commissioner Dawkins: They came from Dade County.
Vice Mayor Plummer: No. I heard from this City.
Commissioner Dawkins: They came from Dade County.
Mr. Odio: One of them was in Key West.
Vice Mayor Plummer: OK. All right. Hey, then the motion is, presently, if, in fact, they are
caught within the City limits of Miami, OK?
95 January 12, 1995
Commissioner Dawkins: Miami.
i
Vice Mayor Plummer: Miami. Call the roll. Damn tourists.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
I
RESOLUTION NO.95-40
A RESOLUTION (Pending the Law Department.)
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
96 January 12, 1995
----------------------------------------------------------------------------------------------------------------
29. (A) (Continued discussion) RECONSIDER PRIOR VOTE WHICH DENIED
PROPOSED RESOLUTION TO RATIFY MANAGER'S EMERGENCY
ACTION IN WAIVING REQUIREMENT FOR COMPETITIVE SEALED
BIDS FOR PURCHASE OF 400 HUBCAPS FOR 1991, 1992 AND 1993
POLICE DEPARTMENT PATROL VEHICLES FROM MAROONE
CHEVROLET. (See label 27)
(B) RATIFY MANAGER'S EMERGENCY ACTION IN WAIVING
REQUIREMENT FOR COMPETITIVE SEALED BIDS FOR PURCHASE
OF 400 HUBCAPS FOR 1991, 1992 AND 1993 POLICE DEPARTMENT
PATROL VEHICLES FROM MAROONE CHEVROLET -- ALLOCATE
$6,780. (See label 27)
----------------------------------------------------------------------------------------------------------------
Mr. Ron Williams: Mr. Vice Mayor, if I may. On item 22, may I respectfully request
Commissioner Dawkins reconsider the disapproval...
Vice Mayor Plummer: I only suggest you get with Commissioner Dawkins at lunchtime.
Commissioner Dawkins: No, I'll reconsider. I move to reconsider. They're paid for.
Vice Mayor Plummer: Move to reconsider item 22 on hubcaps. Let me ask a question. Are you
suing the motor company? Obviously, the ones we had were defective.
Mr. Williams: We're not suing them.
Vice Mayor Plummer: Why not?
Mr. Williams: We're making them replace them, Mr. Vice Mayor.
Vice Mayor Plummer: Well, then, why are we paying sixty-seven hundred dollars?
Mr. Williams: They have replaced them. We could not get them in in a timely fashion. We
ordered them, and we will continue to fight with them over the original hubcaps that we had
problems with.
Vice Mayor Plummer: Excuse me. I feel that you should file a lawsuit, that they have given us
defective equipment.
Mr. Williams: Then, Mr. Vice Mayor, I would...
Vice Mayor Plummer: Mr. City Attorney?
A. Quinn Jones, III, Esq. (City Attorney): Under the warrant, normally, you have to avail
yourself of making them correct it, first. If that fails, then...
Mr. Williams: I would certainly work with the City Attorney's Office on that.
Vice Mayor Plummer: Well, let me tell you something. I don't think they want the City of
Miami suing them. It's something they gave us that you're saying is defective equipment; is that
correct?
97 January 12, 1995
*;-
Mr. Williams: They would easily fall off, yes, sir.
Vice Mayor Plummer: Well, sir, I would like to know, if you don't file a lawsuit, I'd like you to
write me an eighty-seven page reason why you didn't.
Mr. Williams: I will consult with the City Attorney, Mr. Mayor.
Vice Mayor Plummer: Thank you. There is a motion to reconsider 22. Is there any opposition?
Ms. Matty Hirai (City Clerk): I need a second on the motion to reconsider, Mr. Vice Mayor.
Vice Mayor Plummer: I'm sorry?
Ms. Hirai: I need a second.
Vice Mayor Plummer: There is a motion by Commissioner Dawkins.
Ms. Hirai: Yes, I have the motion.
Vice Mayor Plummer: Seconded by De Yurre. Is there any objection? It's now reconsidered.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-41
A MOTION TO RECONSIDER PRIOR VOTE ON MOTION 95-39, WHICH HAD
DENIED AGENDA ITEM NUMBER 22 (PROPOSED RESOLUTION TO RATIFY,
APPROVE AND CONFIRM THE CITY MANAGER'S EMERGENCY ACTION IN
WAIVING COMPETITIVE SEALED BIDS FOR THE PURCHASE OF FOUR
HUNDRED [400] HUBCAPS FOR 1991, 1992 AND 1993 POLICE DEPARTMENT
PATROL VEHICLES FROM MAROONE CHEVROLET, AT A TOTAL PROPOSED
AMOUNT OF $6,780). (Note: Item 22 was immediately thereafter passed and adopted
as Resolution 95-42.)
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
98 January 12, 1995
Vice Mayor Plummer: Is there a motion to approve?
Commissioner Dawkins: I move to approve.
Vice Mayor Plummer: There's a motion to approve. Is there a second? Seconded by
Commissioner Gort. Is there any further discussion? It is a resolution. Is there any opposition?
Show a unanimous vote.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-42
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 EMERGENCY ACTION IN WAIVING THE REQUIREMENT FOR
COMPETITIVE SEALED BIDS FOR THE PURCHASE OF FOUR HUNDRED (400)
HUBCAPS FOR 1991, 1992 AND 1993 POLICE DEPARTMENT PATROL
VEHICLES FROM MAROONE CHEVROLET, AT A TOTAL PROPOSED AMOUNT
OF $6,780.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 421701-702-503001;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
99 January 12, 1995
----------------------------------------------------------------------------------------------------------------
30. RATIFY MANAGER'S WRITTEN FINDINGS THAT EMERGENCY NEED
EXISTS FOR WAIVING REQUIREMENT FOR COMPETITIVE SEALED
BIDS FOR PURCHASE FROM CAPITAL BANK OF EQUIPMENT,
INCLUDING STEEL RACKS, FLOATING DOCKS, FORKLIFT, AND
OTHER ITEMS NECESSARY FOR CONTINUED OPERATION OF THE
MARINA AT 3501 RICKENBACKER CAUSEWAY -- ALLOCATE $112,500.
Vice Mayor Plummer: Item 23, another one of the Manager's emergencies.
Commissioner Dawkins: Move it.
Mr. Cesar Odio (City Manager): No, no, let me... Let me explain this one. This is not an
emer...
Vice Mayor Plummer: Justify the emergency, that's what you have to do on the record.
Mr. Odio: This is not an emergency. I have not done this. I came here for you to agree with
me. The bank, when we took over the boatyard, the racks in question, the forklift, the big one
that is out... The forklift alone is worth two hundred and fifty thousand dollars, are in the
possession of... are owned by the bank. They had first rights to it. They are willing to settle, and
so we can keep this...
Commissioner Dawkins: Move it.
Mr. Odio: ... for this...
Vice Mayor Plummer: There's a motion made by Commissioner Dawkins, seconded by...
Commissioner Gort: Second.
Vice Mayor Plummer: ... by Commissioner Gort. Is there any further discussion? I think you
should have got a better price. I think you could have got a better price, but that's the best you
can do. I'll vote for it.
Mr. Odio: I'll put on the record that the forklift alone is two hundred and fifty thousand dollars.
If it were...
Vice Mayor Plummer: Yeah, but they've got no use for it. OK. It's a resolution. All in favor,
say "aye."
All Commissioners: Aye.
Vice Mayor Plummer: Any opposition? Show a unanimous vote.
100 January 12, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-43
A RESOLUTION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A
DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND
CONFIRMING THE CITY MANAGER'S WRITTEN FINDINGS THAT AN
EMERGENCY NEED EXISTS FOR WAIVING THE REQUIREMENT FOR
COMPETITIVE SEALED BIDS FOR THE PURCHASE FROM CAPITAL BANK OF
EQUIPMENT, INCLUDING STEEL RACKS, FLOATING DOCKS AND A
FORKLIFT, AND OTHER ITEMS NECESSARY FOR THE CONTINUED
OPERATION OF THE MARINA AT 3501 RICKENBACKER CAUSEWAY, MIAMI,
FLORIDA, AT A COST NOT TO EXCEED $122,500.00; ALLOCATING FUNDS
THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS; AUTHORIZING THE
CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, 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 Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
--------------------------------- --------------- ----------------------------------------------------------------
31. GRANT REQUEST BY MR. ALFONSO ALBERTI, PRESIDENT OF
NATIONAL ASSOCIATION FOR CRIME PREVENTION, FOR RENEWAL
OF RENTAL FEE WAIVER FOR USE OF OFFICE SPACE AT MANUEL
ARTIME COMMUNITY CENTER.
Vice Mayor Plummer: Mr. Patate? Where is Mr. Patate?
Mr. Cesar Odio (City Manager): I recommend this organization. I think they should get the fee
waiver. We give it to everybody else in that building.
Vice Mayor Plummer: OK. Is there a motion on 24 to waive the fees for Patate?
Commissioner Gort: Move it.
Vice Mayor Plummer: There is a motion, there is a second. Well, you can't second it. Mr. De
Yurre, do you second it? OK. Anyone wishing to discuss this item? Not you. Sit down. All in
favor, say "aye." Hello? Hello?
101 January 12, 1995
All Commissioners: Aye.
Vice Mayor Plummer: Mr. De Yurre? Aye. Show a unanimous vote.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-44
A RESOLUTION WAIVING THE USE FEE IN THE AMOUNT OF $841.00 FOR THE
NATIONAL ASSOCIATION FOR CRIME PREVENTION, INC., FOR ITS USE OF
SPACE AT THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900
SOUTHWEST 1ST STREET, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
32. GRANT REQUEST BY MARCH OF DIMES BIRTH DEFECTS
FOUNDATION FOR FEE WAIVERS FOR USE OF PEACOCK AND MERRIE
CHRISTMAS PARKS CONCERNING 25TH ANNUAL WALKAMERICA
EVENT (APRIL 1, 1995).
Vice Mayor Plummer: Item 25, March of Dimes.
Mr. Cesar Odio (City Manager): We recommend it. This is a great... an event that happens
every year.
Vice Mayor Plummer: How much is it?
Mr. Odio: Four hundred and ninety dollars.
Vice Mayor Plummer: How much?
Mr. Odio: Four -ninety, four hundred and ninety dollars.
Vice Mayor Plummer: Well, let it be known that they're not the ones that are donating. We also
are donating, because without our money, they wouldn't have any to donate. All right. Motion
made by Commissioner Gort, seconded by Commissioner De Yurre. All in favor say "aye." All
opposed. Show a unanimous ballot.
102 January 12, 1995
The following motion was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-45
A RESOLUTION RELATED TO THE 1995 MARCH OF DIMES WALK AMERICA
EVENT TO BE CONDUCTED BY THE MARCH OF DIMES BIRTH DEFECTS
FOUNDATION ON APRIL 1, 1995; AUTHORIZING THE WAIVER OF ALL
WAIVABLE USER FEES AND CERTAIN WAIVABLE EQUIPMENT FEES FROM
THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO
EXCEED $490.00; AUTHORIZING THE PROVISION OF AN ON -DUTY RESCUE
UNIT FOR SAID EVENT; SAID AUTHORIZATIONS CONDITIONED UPON THE
ORGANIZERS PAYING FOR ALL OTHER NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING ALL NECESSARY PERMITS AND INSURANCE TO PROTECT THE
CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
----------------------------------------------------- ----------------------------------------------------------
33. GRANT REQUEST BY HERITAGE OF MIAMI II FOR WAIVER OF
DOCKAGE FEES ON THE OUTER SEAWALL AT MIAMARINA
(DECEMBER 20, 1994 - MARCH 20, 1995).
Vice Mayor Plummer: Twenty-six.
Mr. Cesar Odio (City Manager): I do not recommend it.
Vice Mayor Plummer: Dockage fees for the seawall at the outer banks of Miamarina.
Mr. Odio: I think they should pay.
Vice Mayor Plummer: They should pay.
Mr. Odio: I am not recommending this.
Vice Mayor Plummer: Well, did I not read somewhere what they were doing was taking kids
from this community? Wasn't... I mean, this is not a profit -making thing, is it? Didn't...
Excuse me. Are you representing them?
103 January 12, 1995
Mr. John Thomas: Yes, I am.
Vice Mayor Plummer: Did I not read that the people that you're taking on this cruise are inner
city kids and things of that nature?
Mr. Thomas: Mr. Vice Mayor and Commissioners, my name is John Thomas. I'm here
representing the schooner, Heritage of Miami, Inc., who is the liaison with this ship. I have with
me Captain Dan Quinn, who is the operator of this vessel. It is a nonprofit foundation, and it
does do cruises for children at risk and children at inner city purposes. It is here for maintenance
purposes.
Vice Mayor Plummer: Mr. Manager, are you listening? Because it's... This is not for profit.
This is for inner city kids, kids at risk, and all we're waiving is allowing them to tie up to a
bulkhead. I think...
Mr. Odio: Fine. I was not aware that they were not for profit.
Commissioner Gort: My understanding is they're paying for electricity and all the other uses
they would have.
Mr. Odio: Fine. Then...
Vice Mayor Plummer: Yeah. You're not charging for this.
Mr. Odio: Are you sure?
Mr. Thomas: That's correct. We are, in fact, inviting the local school kids to come visit.
Vice Mayor Plummer: There's no charge.
Mr. Thomas: No charge. You can verify that...
Mr. Odio: If there's no charge, then I'll agree, then I'll recommend it.
Vice Mayor Plummer: OK. Mr. Gort moves, Commissioner Dawkins seconds. Is there any
further discussion? Hearing none, show a unanimous ballot.
Mr. Thomas: Thank you.
104 January 12, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-46
A RESOLUTION AUTHORIZING THE WAIVER OF DOCKAGE FEES FOR THE
USE OF DOCKAGE SPACE AT MIAMARINA FOR THE "TOLE MOUR", A SAIL
TRAINING SHIP FROM HAWAII, FOR THE PERIOD FROM DECEMBER 20, 1994
TO MARCH 20, 1995, SAID AUTHORIZATION CONDITIONED UPON THE SHIP
OWNER PAYING ALL OTHER APPLICABLE COSTS OF CITY SERVICES AND
FEES ASSOCIATED WITH SAID USE AND OBTAINING INSURANCE TO
PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
_\mm
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
Vice Mayor Plummer: The Native American has been withdrawn for whatever reason at this
time.
----------------------------------------------------------------------------------------------------------------
34. GRANT REQUEST BY BILINGUAL PRIVATE SCHOOLS ASSOCIATION
FOR FEE WAIVERS AND IN -KIND SERVICES CONCERNING XXII
SCHOOL'S PARADE HONORING 142ND ANNIVERSARY OF JOSE
MARTI'S BIRTH.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: The next item is 27, Demetrio Perez' school.
Mr. Cesar Odio (City Manager): I'll agree. I recommend it.
Commissioner De Yurre: Move it.
Vice Mayor Plummer: All right. There's one... Victor, the Police Department raises only this
question, Mr. Manager, in reference to this being the day before Super Bowl, the availability of
personnel. I think that's legitimate. Mr. Longueira? Former lieutenant. Might be a captain,
might be a sergeant.
Lieutenant Joseph Longueira: What's the record?
105 January 12, 1995
Vice Mayor Plummer: On the record, the question you raised with me about the parade for Jose
Marti the day before Super Bowl.
Lt. Longueira: Yeah. The only question is, we've got a lot of events going on that we're
committing police personnel to.
Mr. Odio: Oh, see, there's...
Lt. Longueira: The day before the Super Bowl.
Mr. Odio: The other events are important, and this one, too.
Lt. Longueira: All right.
Vice Mayor Plummer: All right, sir. So, Mr. Manager, you have no problem?
Mr. Odio: No, sir. We have to do it.
Vice Mayor Plummer: How much does the waiver amount to?
Mr. Odio: We're going to provide in -kind services.
Vice Mayor Plummer: How much does it amount to, sir?
Commissioner Dawkins: Less than $4500.
Mr. Odio: Three hundred and fifty dollars for the rental of the barricades.
Vice Mayor Plummer: OK.
Mr. Odio: And printing, and so forth.
Vice Mayor Plummer: Less than $4500?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Why is it here?
Mr. Odio: Because...
Vice Mayor Plummer: Motion made by Gort, seconded by De Yurre, No, I'm sorry, made by
De Yurre, seconded by Gort. Is there any further discussion? All in favor, say "aye." Show a
unanimous ballot.
106 January 12, 1995
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-47
A RESOLUTION RELATED TO THE XX JOSE MARTI PARADE TO BE
CONDUCTED BY THE BILINGUAL PRIVATE SCHOOLS ASSOCIATION
(BIPRISA) ON JANUARY 27, 1995; AUTHORIZING THE WAIVER OF ALL
WAIVABLE FEES AND THE PROVISION OF IN -KIND SERVICES FROM THE
DEPARTMENTS OF POLICE, FIRE -RESCUE, GENERAL SERVICES
ADMINISTRATION/SOLID WASTE, PARKS AND RECREATION AND PUBLIC
WORKS, SAID AUTHORIZATIONS CONDITIONED UPON THE ORGANIZERS
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE AND COMPLIANCE
WITH ANY OTHER CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
35. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: DADE COUNTY EMS GRANT AWARD (FY'95) -- APPROPRIATE
$254,880, CONSISTING OF A $168,286 GRANT APPORTIONED BY
METROPOLITAN DADE COUNTY FROM STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES UNDER
THE FLORIDA EMERGENCY MEDICAL SERVICES GRANT PROGRAM
FOR COUNTIES, $86,594 IN CARRY-OVER FUND BALANCE FROM
PREVIOUS EMS GRANT AWARDS; ETC.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 28.
Mr. Cesar Odio (City Manager): The item is being presented to you as an emergency on the
grounds of time limitations for the grant award, for the continued implementation of the
children's safety program in accident prevention and first aid treatment.
Vice Mayor Plummer: Emergency ordinance. Is there a motion?
107 January 12, 1995
Commissioner Gort: This is to receive funds.
Vice Mayor Plummer: Yeah. Moved by Gort, seconded by Dawkins. It takes a four -fifths vote.
Anybody wishing to discuss item 28?
Ms. Matty Hirai (City Clerk): We need to read the ordinance, Mr. Vice Mayor.
Vice Mayor Plummer: I'm sorry?
Ms. Hirai: We need to read the ordinance.
Vice Mayor Plummer: Read the ordinance, Mr. City Attorney. Any further discussion? Call the
roll on item 28.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "DADE COUNTY EMS GRANT AWARD (FY'95)",
APPROPRIATING FUNDS FOR ITS OPERATION IN THE TOTAL AMOUNT
OF $254,880, CONSISTING OF A $168,286 GRANT APPORTIONED BY
METROPOLITAN DADE COUNTY FROM THE STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES UNDER
THE "FLORIDA EMERGENCY MEDICAL SERVICES GRANT PROGRAM
FOR COUNTIES", $86,594 IN CARRY-OVER FUND BALANCE FROM
PREVIOUS EMS GRANT AWARDS; AUTHORIZING THE CITY MANAGER
TO ACCEPT SAID GRANT AND TO ENTER INTO A LETTER OF
UNDERSTANDING WITH THE FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES AND/OR METROPOLITAN DADE COUNTY,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND SUBJECT TO
APPLICABLE CITY CODE PROVISIONS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Gort and seconded by Commissioner Dawkins, for
adoption as an emergency measure and dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
108 January 12, 1995
Whereupon the Commission on motion of Commissioner Gort and seconded by
Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11210.
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.
-----------------------------------------------------------------------------------------------------------
36. (A) TABLE (PENDING MAYOR CLARK'S ARRIVAL AT 3:00 P.M.)
CONSIDERATION OF PROPOSED SECOND READING
ORDINANCE RELATING TO STREET VENDING.
(B) WITHDRAW PROPOSED SECOND READING ORDINANCE
RELATING TO CODE ENFORCEMENT, BY AMENDING CODE
CHAPTER 2, ARTICLE X, SECTIONS 2-393, 2-403 THROUGH 2-
409, TO PROVIDE ENFORCEMENT PROCEDURES AND CIVIL
PENALTIES FOR CODE ENFORCEMENT VIOLATIONS.
(C) BRIEF COMMENTS CONCERNING PREVIOUSLY WITHDRAWN
AGENDA ITEM 31 (PROPOSED SECOND READING ORDINANCE
RELATING TO CODE ENFORCEMENT, BY AMENDING CODE
CHAPTER 2, ARTICLE X, SECTION 2-397, THEREBY PROVIDING
A FEE SCHEDULE FOR MITIGATION OF ACCUMULATED FINES
IMPOSED BY CODE ENFORCEMENT BOARD).
Vice Mayor Plummer: Item 29 is going to be held until the Mayor returns at three o'clock. Item
30 has been withdrawn, and 31. I want to know why.
Mr. Cesar Odio (City Manager): The reason we withdrew them is that we had some minor
changes to make, Commissioner, to make sure we got the results that we wanted. We'll bring
them back in the meeting of February.
Mr. Carlos Smith (Assistant City Manager): First meeting of February.
Vice Mayor Plummer: No, no, no. That doesn't... Let me tell you something. This City needs
revenue. I am tired of a hundred million in liens, and this will correct it. Now, you know,
you're losing money every day.
Mr. Smith: I understand, Commissioner. If I may, the...
Vice Mayor Plummer: Can I take it out of your budget, the money we're losing because you're
not doing this?
109 January 12, 1995
Mr. Smith: I don't have enough money in our budget for that. The Code Enforcement Board
had suggested some minor changes, and we met with them yesterday. Not knowing whether we
were going to get an agreement or not, I opted to withdraw it until the meeting in February.
Vice Mayor Plummer: Boy, I'll tell you something. If it was out of your pocket, this thing
would have been here ready today, and be voted upon. OK? I don't want to hear the Manager
crying poor mouth at the end of the year. 30 and 31 have both been withdrawn by the... don't
ask.
-------------------------- ---------------------------------------------------------------------------------
37. SECOND READING ORDINANCE: AMEND CODE -- CREATE /
ESTABLISH THE OVERTOWN ADVISORY BOARD -- SET FORTH
PROCEDURES FOR ELECTING BOARD MEMBERS -- PROVIDE FOR
OFFICE TERMS / VACANCIES / REMOVAL OF MEMBERS; ETC. --
RESCIND RESOLUTIONS 82-645 AND 85-399.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 32. Creating and establishing the Overtown Advisory Board. Mr.
Dawkins, is that part of 11?
Mr. Cesar Odio (City Manager): No. It has nothing to do with the other.
Vice Mayor Plummer: OK. This was moved prior to Dawkins and seconded by Gort. This is
the second reading.
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Vice Mayor Plummer: You wish to discuss this item, sir?
Mr. Robert McKinney: Yes, sir. My name is Robert McKinney. My address is 901 Northwest
49th Street. My business is at 1611 Northwest 14th Avenue. I am a member of the Overtown
Advisory Board. I come before you at this time to ask you to withdraw this matter. The reason I
ask you to withdraw it is because this ordinance was not properly approved by the Overtown
Advisory Board.
Mr. Odio: Whoa, whoa. Wait, just, please...
Vice Mayor Plummer: Sir, Iet him finish.
Mr. Odio: No, because...
Vice Mayor Plummer: Go ahead, finish, sir.
Mr. McKinney: OK. Proper approval requires a meeting, a quorum, and a vote. This never
occurred. The best information that I've gotten is there are two dates here. One is November
7th, and one is November 17th. On November 7th, the ordinance in question, J9992, was
actually typed, and presented at an executive board meeting or an executive committee meeting,
not in Overtown, but at the Miami -Dade Community College Wolfson Campus. The next time
this item came before the Commission was on November 17th. I would assume... Well, I'm not
going to assume anything. On November 17th, it came before this board for the first reading. It
had not gone before the Overtown Advisory Board at that time. The Overtown Advisory Board
110 January 12, 1995
met on November 17th, which is the third Thursday, and would have met after the proceedings
had took place. Therefore, it would not... It's never been before the body. The Overtown
Advisory Board, I'll have you understand, is an incorporated nonprofit organization under the
laws of the State of Florida, and presently in good standing in the Secretary of State's office.
Therefore, there are requirements, not only State of Florida requirements, there are also
Overtown Advisory Board bylaws that specifically state that an action of the executive
committee is not an action of the board, and must come before the board. I have... I raised this
issue on Monday, the 9th, in the executive meeting of the Overtown Advisory Board, and I did
not receive at that time, nor have I ever received any information to show that there was a
meeting, a quorum, and a vote. There was some action taken at Miami -Dade with the executive
board meeting and that... and I hope you understand...
Vice Mayor Plummer: All right, all right, hold up, sir. Mr. Manager, you've heard this
gentleman's alleged improprieties that he feels that took place. Do you have something to the
contrary, sir?
Mr. Odio: No. I... We can only deal with the board... the executive board that comes to us. If
they have internal problems...
Vice Mayor Plummer: OK.
Mr. Odio: ... we didn't know about it. What I would suggest is that if you approve this today...
Vice Mayor Plummer: All right. Well, look, this man has never lied to me, and he's not going
to start now.
Mr. Odio: ... you have 30 days before it goes into effect.
Vice Mayor Plummer: Brother Ben, you've heard the accusations or the alleged improprieties,
sir. Was there a problem as to scheduling of times?
Mr. Donald Benjamin: Not at all. I am amazed, Mr. Chair, Mr. Mayor, at what I just heard. It's
entirely fiction, as far as I am concerned.
Vice Mayor Plummer: All right. Well, excuse me. Let's don't get into any hassle over washing
laundry...
Mr. McKinney: But I...
Vice Mayor Plummer: Excuse me, excuse me, sir.
Mr. Benjamin: Well, no. I'd like...
Vice Mayor Plummer: What I'm going to recommend to this Commission is that we proceed
with this item, that it is in order...
Mr. Benjamin: Yes, it is.
Vice Mayor Plummer: ... that if it is not in order, and this gentleman can prove his allegations,
that this Commission would reconsider the matter at such time as those allegations are presented
to us.
Commissioner Dawkins: Where are the minutes of the meeting that he said did not occur?
111 January 12, 1995
Vice Mayor Plummer: Well, that would...
Commissioner Dawkins: OK? Let's... You know... See, if this gentleman is correct, then there
are minutes to substantiate these meetings that were held. If there are not any minutes, then it
stands to reason that he's correct, there was no meeting.
Vice Mayor Plummer: Well, Mr. Dawkins, what I was going to do...
Mr. Benjamin: Well, that's...
Commissioner Dawkins: OK, go ahead.
Vice Mayor Plummer: ... I was going to ask the Administration to designate someone to look
into this matter, which would be those minutes and other documents that would be made
available.
Mr. McKinney: But Mr. Plummer, Mr. Plummer, I think...
Vice Mayor Plummer: Sir, I can't... Excuse me. You want to stand here today and discuss the
issue. We're not prepared to do that.
Mr. McKinney: I'm not discussing the...
Vice Mayor Plummer: You're asking us to defer.
Mr. McKinney: No, I'm not. I'm not going to the merits at all. Everything that I'm talking
about is procedure, and the appropriate action at this time is abatement until... that is, abatement
is pulling this from the agenda until such time as there is a determination whether or not this was
approved, that... whether there was a meeting, there was a quorum, and a vote. An abatement is
for you to...
Vice Mayor Plummer: Sir, excuse me. This is second reading. It does not become Iaw for 30
days after today, and during that period of time, we will ask the Manager to designate someone
in staff to sit with you, take what you have, and go and find out, yes or no. If, in fact, you are
correct, then we will reconsider the matter back at this table.
Mr. Odio: Right here.
Vice Mayor Plummer: OK? Now, hearing that, let's proceed. You understand what I've said,
sir?
Mr. McKinney: Yes, I have.
Vice Mayor Plummer: I would ask you, please, to get in touch with whoever the Manager
designates, and that person will sit with you and provide you with all the information, and you
provide her, and then if there is a discrepancy, sir, we'll hear it back here in 30 days.
Mr. McKinney: Most respectfully, Commissioner Plummer, I would ask also that the City
Attorney participate in this action, since, when the Mayor instructed what this... The genesis of
this is the Mayor instructed the City Attorney to prepare legislation with the input of the
Overtown Advisory Board in reference to the review committee that dealt with all the boards
and...
Vice Mayor Plummer: The City Attorney's Office have a problem with that?
112 January 12, 1995
Commissioner Dawkins: No. Here it is right here.
Vice Mayor Plummer: They have no problem.
Ms. Linda Kearson (Assistant City Attorney): The City Attorney and I would state for the record
that this ordinance was read line by line before a body of Overtown Advisory Board...
Vice Mayor Plummer: I don't want to go into that now, please. That's why I'm giving you the
opportunity to meet with him.
Ms. Kearson: Absolutely. I have no problem with doing that.
Vice Mayor Plummer: And if there's any discrepancy, you will come back to this Commission
and tell us so, and we would reconsider at that time.
Ms. Kearson: Absolutely. No problem.
Mr. McKinney: I think... With the minutes, I mean, that's how you determine...
Mr. Benjamin: Why are you letting him so much and we can't say anything?
Mr. McKinney: The best evidence of this is the minutes of the meeting.
Vice Mayor Plummer: Look, look...
Commissioner Dawkins: Because you're winning. Now, if you want to lose, go ahead and talk.
Vice Mayor Plummer: Do we have a motion on the floor?
Ms. Matty Hirai (City Clerk): Yes, Mr. Vice Mayor.
Vice Mayor Plummer: OK. Do we have a second on the floor?
Ms. Hirai: Yes, sir.
Vice Mayor Plummer: Is there any further discussion? Call the roll.
Ms. Hirai: We need to read the ordinance, sir.
Vice Mayor Plummer: Mr. City Attorney, call... Read the ordinance on item 32, Madam City
Attorney. Call the roll on item 32, please.
113 January 12, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED THEREBY, INTER ALIA: (1) CREATING AND ESTABLISHING
THE OVERTOWN ADVISORY BOARD ("BOARD"); (2) SETTING FORTH
PROCEDURES FOR ELECTING MEMBERS TO THE BOARD; (3) PROVIDING
FOR TERMS OF OFFICE, VACANCIES, AND REMOVAL OF MEMBERS; (4)
PROVIDING FOR STAFF SUPPORT AND REIMBURSEMENT OF BOARD
EXPENSES; (5) REQUIRING FINANCIAL DISCLOSURE; (6) ESTABLISHING THE
BOARD'S POWERS, DUTIES AND AUTHORITY; (7) SETTING FORTH BOARD
PROCEEDINGS; AND (8) RESCINDING, IN THEIR ENTIRETY, RESOLUTION
NO. 82-645 AND RESOLUTION NO. 85-399; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR INCLUSION IN THE CITY CODE.
passed on its first reading by title at the meeting of November 17, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Dawkins,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11211.
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.
---------------------------------------------------------------------------------------------------------------
38. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: DERELICT VESSEL REMOVAL GRANT PROGRAM --
APPROPRIATE $28,057 FROM GRANT MONIES (FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION) -- ACCEPT GRANT AWARD AND
EXECUTE NECESSARY DOCUMENTS.
Vice Mayor Plummer: Item 33, Derelict Removal Grant Program.
Mr. Cesar Odio (City Manager): Accepting a grant.
Vice Mayor Plummer: Where does the grant come from?
Mr. Odio: Accepting a grant, coming from the Department of Environmental Protection.
Commissioner Dawkins: Move it.
114 January 12, 1995
Vice Mayor Plummer: Moved by Dawkins, seconded by De Yurre. Anybody wishing to speak
on item 33? Read item 33, please. Any further discussion on 33? If not, call the roll.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "DERELICT VESSEL REMOVAL GRANT PROGRAM," AND
APPROPRIATING FUNDS IN THE AMOUNT OF $28,057.00 FOR SAID FUND
FROM MONIES RECEIVED BY A GRANT FROM THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION; FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED
GRANT AWARD AND EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID
GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Dawkins and seconded by Commissioner De Yurre and
was passed on first reading, by title only, by the following vote:
AYES:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Dawkins: You need somebody else, because I'm voting no on 34, and you don't
have but two other people.
Vice Mayor Plummer: Item 34 is withdrawn as of right now. You lose. It's withdrawn. You
can reschedule it after you talk with Dawkins.
NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEM 34
WTS WITHDRAWN.
115 January 12, 1995
----------------------------------------------------------------------------------------------------------------
39. FIRST READING ORDINANCE: AMEND ORDINANCE 11180 (ANNUAL
APPROPRIATIONS ORDINANCE) -- ESTABLISH NEW ENTERPRISE
FUND: MARINE STADIUM MARINA.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Thirty-five. The annual appropriations ordinance for '94, fiscal year
ending '95 for the purpose of establishing a new enterprise fund entitled "Marine Stadium
Marina." What does that mean?
Mr. Cesar Odio (City Manager): This is the boat... That's the boatyard. The boatyard we got
there, that we have to do this...
Vice Mayor Plummer: So you're opening up a bank account?
Mr. Odio: We have to open the bank account.
Vice Mayor Plummer: OK. Moved by Dawkins, seconded by De Yurre. It's an ordinance.
Read it please. Any further discussion? Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO.
11180, THE ANNUAL APPROPRIATIONS ORDINANCE, ADOPTED
SEPTEMBER 22, 1994, FOR FISCAL YEAR ENDING SEPTEMBER 30, 1995, FOR
THE PURPOSE OF ESTABLISHING A NEW ENTERPRISE FUND ENTITLED
"MARINE STADIUM MARINA"; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
was introduced by Commissioner Dawkins and seconded by Commissioner De Yurre and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Mayor Plummer: Mr. Manager, I would like, and I think Commissioner Dawkins hit on it
this morning, I would like to see, now that you've been there for a couple of days and a couple of
weeks, to give us what your projections are of the City's operation of that thing.
Mr. Odio: Give me some time because...
Vice Mayor Plummer: OK, I will.
116 January 12, 1995
Mr. Odio: We had to clean up the mess that we found with the billing of the owners of boats and
so we need... we got...
Vice Mayor Plummer: OK.
----------------------------------------------------------------------------------------------------------------
40. DISCUSS AND DEFER (TO FEBRUARY 9TH MEETING) CONSIDERATION
OF PROPOSED FIRST READING ORDINANCE TO AMEND CODE,
SECTION 54-105 (TEMPORARY ENCROACHMENTS) TO PERMIT
TEMPORARY FENCE, WALL AND HEDGE ENCROACHMENTS WITHIN
DEDICATED RIGHTS -OF -WAY.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 36, temporary encroachments to permit temporary fences, walls,
hedges, encroachments within dedicated right-of-way.
Commissioner Dawkins: What is this, Mr. Manager?
Vice Mayor Plummer: Mr. Manager?
Mr. Wally Lee (Assistant City Manager): Commissioner, after the hurricane, we found that we
got a lot of applications to rebuild fences and so on, and at that time, we discovered that some of
these fences dated 34 years ago, and they were built on the dedicated right-of-way. Under our
present ordinances, we would have to require to knock these fences down. We feel that they've
been in the right-of-way for so long that we would like to preserve them. We have
approximately two dozen cases like this.
Commissioner Dawkins: How much land are you talking about that will be added to the footage
or to the overall acreage?
Mr. Lee: I don't have that figure, Commissioner, but we also still preserve our right, whereby if
we widen the road or install sidewalks, it will be a requirement that they... that we knock down
the fence and allow to do so.
Commissioner Dawkins: Why would we knock it down? Since you let them be there at your
expense, why couldn't you let them knock it down and charge them to have them move it out of
your right-of-way, since you're giving them the privilege of putting something on land that does
not belong to them?
Mr. Lee: We can do that, Commissioner. Again, these fences were built prior to there being an
ordinance to this effect.
Vice Mayor Plummer: Let me ask this question.
Mr. Lee: Yes, sir.
Vice Mayor Plummer: If we approve this, and they are using public dedicated right-of-way, do
they go for more money on the tax rolls?
Mr. Lee: No, sir.
117 January 12, 1995
Vice Mayor Plummer: Why not? I mean, they're using property that doesn't belong to them.
Mr. Lee: Well, but what they're giving us is a covenant where we allow them to use this
property.
Commissioner Dawkins: How are they going to give me something for something that belongs
to me, Mr. Lee? How are they going to give me a covenant for my land?
Vice Mayor Plummer: Wally, hey...
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, the main problem is or the main
concern we saw is the liability, since it is a public right-of-way.
Vice Mayor Plummer: That's right.
Mr. Jones: OK. So what this ordinance requires them to do is it requires them to get insurance
in an amount not to exceed... I think it's a million...
Mr. Lee: Not less than a million dollars.
Mr. Jones: Not less than a million dollars. So that if anyone gets injured in that particular right-
of-way, the City will be absolved of any liability. It would be the property owner's
responsibility.
Vice Mayor Plummer: I don't understand.
Mr. Jones: The big thing will be that Public Works will have to monitor to make sure that they
do have proper insurance, that it hasn't lapsed or hasn't expired, if you were to pass this.
Vice Mayor Plummer: All right. Commissioner Dawkins.
Commissioner Dawkins: The problem I have with this, Mr. Manager, when... for the lack of a
better word, people who cannot afford legal counsel or people who cannot afford to argue, when
they have done things like this, we automatically deny them the right to continue to use the land,
even if they built a carport. We don't care how long they've built it, tear it down. There have
been cases before us at the Zoning Board where individuals purchased homes that had illegal
structures on them, and we... but because those individuals were poor people who could not
afford legal counsel and all, and were in an affluent neighborhood, we make them tear it down.
But now, you're going to tell me that just because this fence was put up in 1934, illegal, on land
that did not belong to them, and they have not paid any rent, any taxes, or anything, and I'm
going to add to the beauty of their property. I just can't... I don't...
Vice Mayor Plummer: I think we ought to defer this at this time, and you work with
Commissioner Dawkins, and come back at the next Commission meeting.
Mr. Lee: Yes, sir.
Vice Mayor Plummer: Sir, were you here to speak on this issue?
Unidentified Speaker: I was to speak in favor for a homeowner, but in light of the
determination...
Vice Mayor Plummer: All right, sir. I think that there is expressed concerns here that have to be
resolved, and I'd ask you to come back, sir, on February the 9th, so this matter at this time will
stand as deferred.
118 January 12, 1995
NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEM 36
WAS DEFERRED.
----------------------------------------------------------------------------------------------------------------
41. DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND (2640 S.
BAYSHORE DRIVE) IS BY UNIFIED DEVELOPMENT PROJECT (UDP) --
PREPARE DRAFT REQUEST FOR PROPOSALS (RFP) FOR UDP FOR
DEVELOPMENT OF FULL -SERVICE BOAT YARD / MARINA FACILITY
AND ANCILLARY RETAIL USES, INCLUDING OPTIONAL
DEVELOPMENT OF A PUBLIC MARKET FACILITY AND/OR A HISTORIC
INTERPRETIVE FACILITY -- SET PUBLIC HEARING FOR MAY 11, 1995
AT 10:00 A.M.
Vice Mayor Plummer: Item 37. I'm sorry?
Commissioner Gort: I understand you needed to come back to item 34.
Vice Mayor Plummer: You want to come back to 34 on the self-insurance?
Commissioner Gort: It's my understanding that...
Vice Mayor Plummer: No, sir. It is to be deferred until the next meeting. OK? Item 37 is
Unified Development Proposals.
Mr. Cesar Odio (City Manager): This is so we can set the hearing for May 11th. This is on this
property here, on the Dinner Key, Merrill Stevens.
Vice Mayor Plummer: All right. Do you want to do that, or do you want to hold that with 18,
19, and 20?
Commissioner Dawkins: I move it. I move it.
Mr. Odio: No, no, no. This is only to set a public hearing on May 11th.
Vice Mayor Plummer: OK. On when?
Mr. Odio: May 11, 1995.
Vice Mayor Plummer: May 11th. OK. Have we seen the proposal?
Mr. Odio: No.
Mr. Jack Luft: This will authorize us to draft it.
Vice Mayor Plummer: OK.
119 January 12, 1995
Mr. Odio: You just authorize a committee, that we have to meet, and then draft the RFP
(Request for Proposals), and bring it back to you.
Vice Mayor Plummer: I would ask Commissioner Dawkins, if he would, to serve with that
committee on drawing up the proposal representing the Commission. Commissioner Dawkins
will be invited to all of those meetings. All right.
Commissioner Dawkins: No, wait a minute. You know... No, I decline. Let me tell you why I
decline, OK?
Vice Mayor Plummer: All right.
Commissioner Dawkins: You appointed me as the person to work with the development of the
interlocal agreement. OK? I sit down with staff, I work, I come up with an interlocal agreement,
I make a recommendation, and you don't hear it. So I spent all my time working with the staff,
with the Law Department to come up with something that nobody adheres to. So, now, I'd
rather you appoint somebody else, so that if...
Vice Mayor Plummer: OK.
Commissioner Dawkins:... if it comes up, you will accept it.
Vice Mayor Plummer: And Commissioner De Yurre is also obligated. I'll appoint myself to
work with the committee. OK?
Mr. Luft: Fine.
Commissioner Dawkins: You need three votes. I vote against you.
Vice Mayor Plummer: All right, fine, vote against me.
Ms. Linda Kearson (Assistant City Attorney): Mr. Mayor.
Vice Mayor Plummer: Yes, ma'am.
Ms. Kearson: In preparing that RFP, you need to disclose that this property is subject to
litigation. We are on appeal. We need to make public disclosure that
Vice Mayor Plummer: Oh, that's fine. And I'm assuming you're going to be, also, the City
Attorney's Office will be working with the Committee to put it together.
Ms. Kearson: Absolutely. That is correct.
Vice Mayor Plummer: Very definitely. All right. All in favor say "aye."
Ms. Matty Hirai (City Clerk): You need a second that motion.
Vice Mayor Plummer: Opposed? Show it unanimous.
Ms. Hirai: Mr. Vice Mayor.
Vice Mayor Plummer: Yes.
Ms. Hirai: Mr. Vice Mayor, excuse me. Commissioner Dawkins moved it. I need a second on
this motion.
120 January 12, 1995
Vice Mayor Plummer: Who seconded the motion? Gort made the motion. Dawkins seconded.
Ms. Hirai: Commissioner Dawkins moved it. Do you second, Commissioner?
Vice Mayor Plummer: He made it, he seconded it.
Ms. Hirai: Thank you.
Vice Mayor Plummer: Victor "thirded" it and I "fourded" it.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-48
A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD
TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED WATERFRONT
LAND IS BY A UNIFIED DEVELOPMENT PROJECT ("UDP"); FURTHER
AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR
PROPOSALS ("RFP") FOR A UDP, AND CONFIRMING THE SCHEDULING OF A
PUBLIC HEARING FOR MAY 11, 1995 AT 10:00 A.M., TO TAKE TESTIMONY
REGARDING SAID RFP FOR THE DEVELOPMENT OF A FULL -SERVICE BOAT
YARD/MARINA FACILITY AND ANCILLARY RETAIL USES, INCLUDING THE
OPTIONAL DEVELOPMENT OF A PUBLIC MARKET FACILITY AND/OR AN
HISTORIC INTERPRETIVE FACILITY ON CITY -OWNED WATERFRONT
PROPERTY LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Vice Mayor Plummer: Thirty-eight.
Mr. Odio: It's the same thing, setting the... again, for May 11th, on the...
Vice Mayor Plummer: Well, for which island?
Mr. Luft: For Watson Island.
Mr. Odio: For Watson Island.
Mr. Luft: For a botanical garden.
121 January 12, 1995
Vice Mayor Plummer: Well, let's hold that up. That's 18, 19, and 20. Hold that up.
[AT THIS POINT, ITEM 38 WAS TABLED.)
NOTE FOR THE RECORD: At this point, the Commission
announced that agenda item 38 was being tabled and would be
taken up during consideration of agenda items 18, 19 & 20.
----------------------------------------------------------------------------------------------------------------
42. REALLOCATE $250,000 FROM SUPPLEMENTAL DISASTER RELIEF
FUND: (1) $130,000 FOR CIP 331391 - HADLEY PARK RECREATION
BUILDING RENOVATION AND CONSTRUCTION OF WATER MAIN
ALONG PORTION OF N.W. 50 STREET ADJACENT TO CHARLES
HADLEY PARK OLYMPIC POOL COMPLEX; AND (2) $120,000 FOR CIP
341201- JEFFERSON REAVES HEALTH CLINIC.
Vice Mayor Plummer: OK. Item 39. Authorizing the Manager to reallocate $250,000 from
the... Wow!
Commissioner Dawkins: What item?
Vice Mayor Plummer: ... from the $130,000 from the disaster relief fund. A hundred and thirty
for capital improvements for Hadley Park recreation renovation and a water main on Northwest
50th Street.
Commissioner Dawkins: All right. OK.
Vice Mayor Plummer: And to Charles Hadley Park Pool for $120,000.
Commissioner Dawkins: OK. OK. When we put out the bid for the Hadley Pool, we did not
have enough money. The Manager found $250,000 to add to the construction cost, but we did
not add the senior citizen request to the bid. So when the bid came in, the fund established by
the Manager for the construction of Hadley Park had in excess of $250,000. At that time, the
people for the... What is it, Mr. Manager, the health center Overtown?
Mr. Cesar Odio (City Manager): Jefferson Reaves.
Commissioner Dawkins: Jefferson Reaves Health Center.
Vice Mayor Plummer: You made the motion.
Commissioner Dawkins: Yeah, but I just want you to know that I... It's $60,000 still left in
there, that's all.
Vice Mayor Plummer: There's a motion made by Commissioner Dawkins, seconded by
Commissioner De Yurre. Anybody wishing to speak on item 39? Show a unanimous ballot.
122 January 12, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-49
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REALLOCATE
$250,000 FROM THE SUPPLEMENTAL DISASTER RELIEF FUND AS FOLLOWS:
$130,000 FOR CAPITAL IMPROVEMENT PROJECT NO. 331391-HADLEY PARK
RECREATION BUILDING RENOVATION AND THE CONSTRUCTION OF A
WATER MAIN ALONG A PORTION OF NORTHWEST 50TH STREET ADJACENT
TO CHARLES HADLEY PARK OLYMPIC POOL COMPLEX; AND $120,000 FOR
CAPITAL IMPROVEMENT PROJECT NO. 341201-JEFFERSON REAVES HEALTH
CLINIC.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Vice Mayor Plummer: Item 40.
Commissioner Gort: Withdrawn.
Vice Mayor Plummer: I'm sorry? Forty, the membership...
Ms. Matty Hirai (City Clerk): It's been withdrawn.
Vice Mayor Plummer: I don't understand this. I'm a member of... What?
Commissioner Gort: It's withdrawn.
Vice Mayor Plummer: Item 41 is withdrawn or 40?
Ms. Hirai: No, 40.
Commissioner Dawkins: Forty.
Vice Mayor Plummer: Forty is withdrawn.
Ms. Hirai: Yes, sir.
Vice Mayor Plummer: OK.
123 January 12, 1995
[ITEM 40 WAS WITHDRAWN.]
----------------------------------------------------------------------------------------------------------------
43. APPROVE ADMISSION OF MEMBERSHIP OF CITY OF MIAMI BEACH TO
THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION.
Vice Mayor Plummer: Now, 41, I don't understand. Explain that to me. Explain to me why
you didn't come to me, because I'm Chairman of the other board.
Mr. Carlos Garcia: Yes, sir. There are nine jurisdictions in the Sunshine State Financing
Commission, including Miami, Coral Gables, Dade County, and so forth.
Vice Mayor Plummer: Why do we have to approve the Beach becoming a member?
Mr. Garcia: We have to let them in. All nine municipalities must approve Miami Beach to come
into the Committee.
Vice Mayor Plummer: OK. There's a motion made to move by Willy Gort, seconded by
Dawkins. Any further discussion? Show a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-50
A RESOLUTION APPROVING THE ADMISSION OF MEMBERSHIP OF THE CITY
OF MIAMI BEACH TO THE SUNSHINE STATE GOVERNMENTAL FINANCING
COMMISSION.
(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 Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
124 January 12, 1995
----------------------------------------------------------------------------------------------------------------
44. ISSUE REQUEST FOR PROPOSALS (RFP) TO SOLICIT PROFESSIONAL
SERVICES FIRM FOR PREPARATION OF CENTRAL SERVICES COST
ALLOCATION PLANS (ON 3-YEAR CONTRACT BASIS WITH OPTION TO
RENEW FOR 2 YEARS) -- DEFER PORTION DEALING WITH ESTABLISHMENT /
APPOINTMENT OF MEMBERS TO A SELECTION COMMITTEE TO REVIEW /
EVALUATE PROPOSALS TO FEBRUARY 9TH MEETING.
Mayor Clark: Forty-two. City Manager requests proposals to solicit professional services firm
for central services cost allocation plan.
Commissioner Dawkins: What is all of that?
Mr. Carlos Garcia: This is the indirect cost allocation plan that we use to charge CDBG
(Community Development Block Grant) and other Federal grants indirect cost. And we received
close to over a million dollars last year. We received over a million dollars in revenues from
such a report.
Vice Mayor Plummer: This is how the City Manager steals money to keep the office going.
Commissioner Dawkins: How did you receive over a million dollars from such a grant?
Mr. Garcia: Because we had a... what is called an indirect cost allocation plan which the Federal
Government will allow you to charge a certain amount of indirect cost charges to those grants.
Mr. Cesar Odio (City Manager): If they approve it, Commissioner, up front, then we're entitled
to those monies.
Commissioner Dawkins: If they approve what, now, Mr. Manager?
Mr. Odio: Sir?
Commissioner Dawkins: If they approve...
Mr. Odio: Let's say you receive a grant, or we receive a lot of grants from HUD (Housing and
Urban Development). If they approve our plan, prepared by a consultant, then they will say,
OK, you go ahead and charge that, and you can draw one million...
Commissioner Dawkins: OK. But if we get no grants approved that they submitted, then they
don't get a penny.
Mr. Odio: That's correct.
Vice Mayor Plummer: You don't hire them.
Commissioner Dawkins: Hmm?
Vice Mayor Plummer: You don't hire them.
Mr. Garcia: We have grants every year, including Community Development grants.
Commissioner Dawkins: But we also have grant writers. We have people on staff who write
grants.
125 January 12, 1995
Mr. Odio: Yeah, that's correct.
Commissioner Dawkins: So therefore, I need to know the grant that got funded was produced by
them, for them to qualify. But if it was written by our staff, and our staff got it funded, they
don't... they should not... They cannot count that as grant money they received... they produced.
Mr. Odio: We can prepare a report for you, if you want, in detail, so you know what...
Vice Mayor Plummer: Yeah. This is a different ball game.
Commissioner Dawkins: No, no, no. Prepare a report for them saying they don't get any
money. No, no, don't tell me. Tell them.
Mr. Odio: OK, OK, that's fine, sir. But this is important to us as far as revenues.
Commissioner Dawkins: OK. But prepare... Whatever you prepare for them, you explain to
them their fee hinges on production.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Thank you.
Vice Mayor Plummer: So be it. Moved by Dawkins, seconded by Gort. Any further discussion
on 42? Show a unanimous ballot.
Ms. Matty Hirai (City Clerk): Mr. Vice Mayor.
Vice Mayor Plummer: Yes, ma'am.
Ms. Hirai: Part of the resolution calls for the naming of five appointees to a selection committee.
Is that going to be done now?
Vice Mayor Plummer: On which one?
Ms. Hirai: Forty-two.
Vice Mayor Plummer: A committee?
Ms. Hirai: Yes, sir.
Commissioner Dawkins: Selection committee to review and evaluate said...
Ms. Hirai: For the establishment and appointing members to.
Mr. Garcia: That is for... There is a need for the City Commission to appoint the selection
committee. You don't have to do that at this time, but you can provide the information to the
City Clerk.
Vice Mayor Plummer: How many members do you want?
Ms. Hirai: Then it shouldn't have been in the resolution, because the resolution says that you're
appointing them at this point.
126 January 12, 1995
Vice Mayor Plummer: All right. We defer the naming of the committee until a later date. OK?
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-51
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO ISSUE A REQUEST FOR PROPOSALS (RFP), IN SUBSTANTIALLY THE
ATTACHED FORM, TO SOLICIT A PROFESSIONAL SERVICES FIRM FOR THE
PREPARATION OF CENTRAL SERVICES COST ALLOCATION PLANS ON A
CONTRACT BASIS FOR A PERIOD OF THREE (3) YEARS WITH THE OPTION TO
RENEW SAID CONTRACT FOR AN ADDITIONAL TWO (2) YEAR PERIOD;
FURTHER ESTABLISHING AND APPOINTING MEMBERS TO A SELECTION
COMMITTEE TO REVIEW AND EVALUATE SAID PROPOSALS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
------------------------- ---------------------------------------------------------------------------------
45. EXECUTE AGREEMENT WITH KIMMINS RECYCLING CORPORATION
FOR ACCEPTANCE / DISPOSAL OF PROCESSABLE WASTE FROM CITY
OF MIAMI FOR ONE YEAR -- ALLOCATE $3,255,000.
Vice Mayor Plummer: Forty-three. Authorizing the City Manager to execute an agreement...
Commissioner Dawkins: No, 44.
Mr. Cesar Odio (City Manager): Forty-three.
Vice Mayor Plummer: ... with Kimmins Recycling...
Ms. Matty Hirai (City Clerk): Forty-three is withdrawn.
Commissioner Dawkins: He means 44, Mr. Manager.
Mr.Odio: Commissioner...
Vice Mayor Plummer: Forty-three has been withdrawn.
127 January 12, 1995
Ms. Hirai: Yes, sir.
Mr. Odio: Forty-four.
Vice Mayor Plummer: Did I say 43?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: I'm sorry.
Mr. Odio: Forty-four is very important. This is where we're really taking away from the
County's dumping sites and into Kimmins...
Vice Mayor Plummer: Why do you...
Commissioner Dawkins: Don't say it like that, Mr. Manager.
Vice Mayor Plummer: Why do you say that?
Commissioner Dawkins: Don't say it like that. We're not taking anything.
Vice Mayor Plummer: You know they're sitting right there watching us.
Commissioner Dawkins: No, we're not taking...
Mr. Odio: We are doing that.
Commissioner Dawkins: Yeah, but we're not taking anything away from them, Mr. Manager.
Mr. Odio: No, we're not taking it away.
Commissioner Dawkins: You have found a less expensive way to do this.
Mr. Odio: Correct, sir.
Commissioner Dawkins: Less expensive than the County is charging.
Mr. Odio: Yes.
Vice Mayor Plummer: Vote it in a hurry.
j Commissioner Dawkins: So therefore, you decided we should go with the lesser cost.
i
Mr. Odio: Yes, sir. And I'll put it on the record. We would be paying the County $68 a ton.
We're paying $45.
Mr. Ron Williams (Assistant City Manager): Forty-five. In fact, Mr. Vice Mayor, I need to
clarify for the record, there was...
Commissioner Dawkins: Move it. Move it.
Vice Mayor Plummer: Moved by Dawkins. Seconded by Gort. Please.
j Mr. Williams: Please, Mr. Vice Mayor, I just need to clarify on the record that the actual amount
is $45. I believe your original documentation said $44.
128 January 12, 1995
Mr. Odio: Yeah, that's right, $44.
Mr. Williams: So I wanted to make it very clear that it's actually $45.
Commissioner Dawkins: So for $1...
Vice Mayor Plummer: OK.
Mr. Manuel Gonzalez-Goenaga: May I have a comment?
Vice Mayor Plummer: A comment, yes.
Mr. Gonzalez-Goenaga: I strongly suggest that we use more diplomacy with Dade County.
Vice Mayor Plummer: All right. In what way? In what way?
Mr. Gonzalez-Goenaga: Because we have so many relations. And I attend both meetings, here
and there, and, of course, there, we have 13 comedians, and we here only have five. So, I mean,
between comedians, try to get along better. Thank you very much.
Mr. Odio: Let me put on the record that I would be willing to pay the County $45 a ton.
Vice Mayor Plummer: If we got...
Mr. Gonzalez-Goenaga: And we have... And let me tell you, I could go deeper than that,
regarding the City Manager.
Vice Mayor Plummer: OK.
Commissioner Gort: Mr. Vice -Mayor, let me tell you something. I think we spend a lot of
time...
Vice Mayor Plummer: That obviously excluded me, so that's all right. Mr. Gort.
Commissioner Gort: We spend a lot of time in here, a lot of research, and put a lot of work in
here to be called a comedian, so I don't like to be called a comedian. I think I do a hell of a job
in here. I do not agree to be called a comedian.
Mr. Gonzalez-Goenaga: Well, could I... I may be able to prove otherwise at the proper time.
Commissioner Dawkins: You resent... You take issue, you take issue. That's all right, no
problem.
Commissioner Gort: Sir, I don't have to prove anything to you. I have to prove it to the people
who voted to put me here. You did not do any of that.
Vice Mayor Plummer: OK. All right. Item 44 is before us, and everyone here disavows being a
comedian. Is there any further discussion on item 44? If not, all in favor say aye.
Commissioner Dawkins: Aye.
Vice Mayor Plummer: All opposed? Show it unanimous.
129 January 12, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-52
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH KIMMINS RECYCLING CORPORATION (KIMMINS),
FOR THE ACCEPTANCE AND DISPOSAL OF PROCESSABLE WASTE FROM
THE CITY OF MIAMI, FOR A PERIOD OF ONE YEAR AT AN ESTIMATED
AMOUNT OF $3,255,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO.421301-531, PROJECT NO.422001.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
46. DISCUSS AND DEFER TO NEXT MEETING CONSIDERATION OF
PROPOSED RESOLUTION TO ACCEPT BID OF LAW ENFORCEMENT
SUPPLY CO., INC. FOR FURNISHING 400 PRISONER TRANSPORT
SEATS, FOR POLICE DEPARTMENT. (See label 55)
Vice Mayor Plummer: Item 46. Prisoner transport seats. What is a prisoner transport seat for
this amount of money?
Commissioner Dawkins: According to your backup, it's a seat that they can sit in, and they
would be secured, and they would not hurt themselves bodily...
Vice Mayor Plummer: Is that the same...
Commissioner Dawkins:... it would not kick out the window...
Vice Mayor Plummer: Is that a seat...
Commissioner Dawkins: And if there are any body eliminations, they automatically disappear.
Vice Mayor Plummer: Mr. Manager, is that true?
Mr. Cesar Odio (City Manager): According to the seat, you have a belt, you fasten them in, and
that way, they cannot hurt themselves or somebody else. I questioned the same thing and...
130 January 12, 1995
Mr. Manuel Gonzalez-Goenaga: I have been through it.
Vice Mayor Plummer: Sir, you have not been recognized.
Mr. Gonzalez-Goenaga: Oh, I'm sorry.
Mr. Odio: So they are made of heavy materials, and they are supposed to be safety seats for
prisoners to be transported.
Vice Mayor Plummer: And do other agencies use them?
Mr. Odio: I tell you what, I'd like to...
Vice Mayor Plummer: Or is this somebody's pipe dream?
Mr. Odio: You know what I'd like to do? I'd like to withdraw this item, because I don't see
anybody here from the Police Department to answer this technical question.
Commissioner Dawkins: Well, you did not submit... I mean, you did not submit this to the... to
them, for them to approve or disapprove? We just decided we were going to do this for them,
and had no input from them?
Mr. Odio: Sir, I'd like to withdraw... defer this item until the next meeting.
Vice Mayor Plummer: All right. You got it. I would sure like to know more about it myself
personally. OK?
Major George Manresa: Commissioner, if I may say something.
Vice Mayor Plummer: You can, off the record, between now and the next meeting, sir. I hope
that you will avail yourself through Mr. Longueira, former Lieutenant Longueira, to come to my
office.
END OF DISCUSSION -- AT THIS POINT THIS ITEM WAS DEFERRED. IT WAS LATER
PASSED AS R-95-62. SEE LABLE 55.
----------------------------------------------------------------------------------------------------------------
47. ACCEPT BID: F & L CONSTRUCTION, INC. ($359,533.50 TOTAL BID) --
FOR PROJECT: COCONUT GROVE SIDEWALK REBUILDING (IMPACT
FEE PROJECT) B-4577 -- ALLOCATE FUNDS FROM CIP 341121 --
EXECUTE CONTRACT.
Vice Mayor Plummer: The bid of F&L Construction for the proposed amount of, wow,
$359,533.50...
Mr. Cesar Odio (City Manager): This is the Coconut Grove...
Vice Mayor Plummer: ... for the Coconut Grove Sidewalk Rebuilding Impact Fee Project. Is
there anybody wishing to discuss that big amount of money?
131 January 12, 1995
Mr. Odio: This is to do all the sidewalks in Coconut Grove.
Vice Mayor Plummer: Is there a motion?
Commissioner Gort: So moved.
Vice Mayor Plummer: Is there a second?
Commissioner Gort: I'd like to show that it is 87% of the total cost estimate.
Vice Mayor Plummer: Say what, sir?
Commissioner Gort: I'd like to put in the record, it's 87 percent of the costs estimated.
Vice Mayor Plummer: OK. Any further discussion on item 47? All in favor, say "aye."
Opposed? Show a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-53
A RESOLUTION ACCEPTING THE BID OF F&L CONSTRUCTION, INC. IN THE
PROPOSED AMOUNT OF $359,533.50, TOTAL BID OF THE PROPOSAL, FOR THE
PROJECT ENTITLED COCONUT GROVE SIDEWALK REBUILDING (IMPACT
FEE PROJECT) B-4577; ALLOCATING FUNDS THEREFOR FROM PROJECT NO.
341121, AS APPROPRIATED BY FISCAL YEAR 1994-1995 CAPITAL
IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, IN THE AMOUNT OF
$359,533.50 TO COVER THE CONTRACT COST AND $67,276.69 TO COVER THE
ESTIMATED EXPENSES FOR AN ESTIMATED TOTAL COST OF $426,810.19;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Vice Mayor Plummer: Forty-eight is withdrawn.
132 January 12, 1995
----------------------------------------------------------------------------------------------------------------
48. ACCEPT BID: VENECON, INC. ($41,000 TOTAL BID) -- FOR PROJECT:
ROBERTO CLEMENTE PARK REHABILITATION - RACKETBALL COURT
AND SITE AMENITIES PROJECT B-2995-F -- ALLOCATE FUNDS FROM
18TH YEAR CDBG -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Forty-nine. Amount of $41,000 for the project, Robert Clemente Park,
$41,000 to cover the contract and $7600 into the City Manager's slush fund.
Mr. Cesar Odio (City Manager): No.
Vice Mayor Plummer: Is there any discussion on item 49? Is there a... Motion by Dawkins,
seconded by De Yurre. No further discussion. Show a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-54
A RESOLUTION ACCEPTING THE BID OF VENECON, INC., IN THE PROPOSED
AMOUNT OF $41,000.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT
ENTITLED "ROBERTO CLEMENTE PARK REHABILITATION - RACKETBALL
COURT AND SITE AMENITIES PROJECT B-2995-1711; ALLOCATING FUNDS
THEREFOR FROM THE 18TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, PROJECT CODE NO. 704401, IN THE AMOUNT OF $41,000.00
TO COVER THE CONTRACT COST AND $7,636.00 TO COVER THE ESTIMATED
EXPENSES FOR AN ESTIMATED TOTAL COST OF $48,636.00; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
133 January 12, 1995
----------------------------------------------------------------------------------------------------------------
49. PINO FONTICIELLA CONSTRUCTION CORP. ($511,949 TOTAL BID) --
FOR ALLAPATTAH-COMSTOCK RECREATION BUILDING B-3248 --
ALLOCATE FUNDS FROM CIP 331309 -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 50. Bid of Pino Fonticiella Construction for $511,949 for
Allapattah-Comstock Recreation Building. Mr. Gort.
Commissioner Gort: I'll move it, but I'll wiat for the second for discussion.
Vice Mayor Plummer: There's a motion. Is there a second?
Commissioner Dawkins: Second.
Vice Mayor Plummer: Seconded by Dawkins. Under discussion. Mr. Gort.
Commissioner Gort: For discussion, Mr. Vice Mayor. What I'd like to see in this project —we
were in a meeting about, I'd say a year ago with the Allapattah-Comstock... the community
development decided to accept the existing plans that were used in other parks in order to
expedite this, and it's taken a year. I'd like to have for the Administration, if possible, to see
how we can expedite some of those projects and get them done sooner.
Mr. Cesar Odio (City Manager): That's true. Mariano Cruz' project, we were delayed. Finally,
we got it here and...
Vice Mayor Plummer: Should we make him the supervisor and the foreman? It will drive you
nuts. OK. Any further discussion on item 50? Made by... Who? Who did I...
Commissioner Gort: I made the motion.
Vice Mayor Plummer: You made the motion, Gort. Seconded by Dawkins, or De Yurre, or
both. No one wishing to further discussion. Show a unanimous ballot.
134 January 12, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-55
A RESOLUTION ACCEPTING THE BID OF PINO FONTICIELLA
CONSTRUCTION CORP., IN THE PROPOSED AMOUNT OF $511,949.00 TOTAL
BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "ALLAPATTAH-
COMSTOCK RECREATION BUILDING B-324811; ALLOCATING THE FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NOS. 331309
($416,479.00) AND 331390 ($145,470.00), AS APPROPRIATED BY FISCAL YEAR
1994-1995 CAPITAL IMPROVEMENT PROJECTS ORDINANCE NO. 11205, AS
AMENDED, IN THE AMOUNT OF $511,949.00 TO COVER THE CONTRACT
COST AND $50,000.00 TO COVER THE ESTIMATED EXPENSES FOR AN
ESTIMATED TOTAL COST OF $561,949.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
0: ,646
None.
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
50. ACCEPT BID: VILA & SON LANDSCAPING CORP. ($64,522 TOTAL
BID) -- FOR BISCAYNE BOULEVARD WEST BEAUTIFICATION PROJECT
B-4579 -- ALLOCATE FUNDS FROM 10TH YEAR CDBG -- EXECUTE
CONTRACT.
Vice Mayor Plummer: The 51, for the bid of Vila and Son Landscaping, for the amount of
$64,000 to cover the contract, and $10,000 for the Manager, for Biscayne Boulevard West
Production. Is there anyone wishing to discuss item 51? Is there a motion by...
Commissioner Gort: So moved.
Vice Mayor Plummer: ... by Commissioner Gort. Seconded by Commissioner De Yurre.
Anyone...
Commissioner Dawkins: Under discussion.
135 January 12, 1995
Vice Mayor Plummer: Under discussion, Commissioner Dawkins.
Commissioner Dawkins: Is this a part of the beautification that was done for the Summit, or is
this something we did on our own?
Mr. Cesar Odio (City Manager): This is our own project.
Mr. Jim Kay: It's our own project.
Commissioner Dawkins: Thank you. No further discussion.
Vice Mayor Plummer: OK. All in favor say "aye." Note no opposition. Show a unanimous
ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-56
A RESOLUTION ACCEPTING THE BID OF VILA & SON LANDSCAPING CORP.,
IN THE PROPOSED AMOUNT OF $64,522.00, TOTAL BID OF THE PROPOSAL,
FOR THE PROJECT ENTITLED "BISCAYNE BOULEVARD WEST
BEAUTIFICATION PROJECT B-4579"; ALLOCATING FUNDS THEREFOR FROM
10TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT
CODE NO. 701205, IN THE AMOUNT OF $64,522.00 TO COVER THE ESTIMATED
CONTRACT COST AND $10,478.00 TO COVER THE ESTIMATED EXPENSES,
FOR AN ESTIMATED TOTAL COST OF $75,000.00; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
136 January 12, 1995
--------------------------------- -------------------------------------------------------------------------------
51. APPROVE SELECTION BY COMPETITIVE SELECTION COMMITTEE OF
MOST QUALIFIED FIRMS TO PROVIDE ENGINEERING SERVICES FOR
CITY OF MIAMI PROJECTS 1995-96 -- AUTHORIZE MANAGER TO
NEGOTIATE PROFESSIONAL SERVICE AGREEMENTS WITH THE SIX
TOP -RATED GENERAL ENGINEERING FIRMS AND THE FOUR TOP -
RATED ENVIRONMENTAL ENGINEERING FIRMS -- DIRECT MANAGER
TO PRESENT NEGOTIATED AGREEMENTS TO COMMISSION FOR
APPROVAL PRIOR TO EXECUTION.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 52, approving the selection by the competitive selection committee
of the most qualified firms for engineering services for the City of Miami Projects 1995/96.
Who is the... Who are they selecting?
Mr. Jim Kay: Commissioner, we have actually six firms that we're selecting for...
Vice Mayor Plummer: Are they all local, City of Miami firms?
Mr. Kay: No, sir, not all of them are.
Vice Mayor Plummer: Why not?
Commissioner Gort: Mr. Vice Mayor...
Vice Mayor Plummer: Mr. Gort.
Commissioner Gort: I requested in the past, for the information... we have publuc persons here
and we have watching this in television, that whenever we have something like this, where a
committee has taken action and has gone through a process, and that process be explained to us.
Who were the members of the committees, and how they came out to their decision.
Vice Mayor Plummer: Would you so comply with Commissioner Gort's request, sir.
Mr. Kay: Yes, sir. We had a...
Vice Mayor Plummer: Wait, wait a minute. Let me go one step further. I never see our
Commission meetings. Is it a fact that when this is being televised, that when we're discussing
an issue, that that goes on the bottom of the screen, what the issue is that we're discussing?
Because going through here, as quickly as I'm trying to go through this, people sitting at home
hear item 51, they don't know what it is.
Mr. Odio: I have to look.
Vice Mayor Plummer: Well, I think we need to talk to Felipe to make sure that when we're
going through this agenda, that underneath, like... The County does it, I know that. OK. Fine.
All right. Joe.
Mr. Kay: We had two committees. There was a certification committee, which consisted of in-
house staff. I was on that staff. Mr. Carl Thompson, the structural engineer, was on our staff,
and Mr. Juan Ordonez was on that staff... was on that committee, as well. Also, we had Ann
137 January 12, 1995
Whittaker, who sat in on that committee, as well. The selection committee consisted of eight
individuals; four from the City of Miami, and four from the outside, from private firms. I don't
have all the names of each individual. I could tell you the firms that they represented, but I don't
remember all the names, other than to say we had one... We had... The four from the private
sector, we had one from the firm of Spillis Candella; we had one from Poole and Kent Company.
These are all registered engineers. We had... I'm trying to think of the... Another private
structural engineer, I just can't recall his name or the name of his firm at this time. And then we
had... I just can't remember all the names...
Commissioner Gort: That's what I need. We just request this today. From now on I would like
to have that information, if possible, please.
Mr. Kay: Yeah. I can get that information to you, though, very quickly.
Commissioner Gort: No problem. I don't need it right now. I just wanted people to be aware of
the procedure that we utilize in doing the selection, and what your recommendation is and what
the committee recommendation is so we can vote on it.
Mr. Odio: What this will do, by the way, Commissioner, and this is important, you know, we
were delayed on this Allapattah-Comstock so long. This will expedite projects within the City,
because we can call a firm and say, "Design this project," and we don't have to have people on
staff to do it. That's the advantage that we have in doing this.
Vice Mayor Plummer: OK. Any further discussion on the item 52?
Commissioner Gort: My understanding... I'm ready to move this committee's recommendation.
My understanding is we're doing this to expedite some of the projects that we have, and at the
same time we are saving money in the long run. For those reasons, I've made the motion.
Vice Mayor Plummer: Commissioner De Yurre, do you second the motion? Seconded the
motion. Any further discussion on item 52? Hearing none, show a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-57
A RESOLUTION APPROVING THE SELECTION BY THE COMPETITIVE
SELECTION COMMITTEE OF THE MOST QUALIFIED FIRMS TO PROVIDE
ENGINEERING SERVICES FOR CITY OF MIAMI PROJECTS 1995-96;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE PROFESSIONAL
SERVICE AGREEMENTS WITH THE SIX TOP RATED GENERAL ENGINEERING
FIRMS AND THE FOUR TOP RATED ENVIRONMENTAL ENGINEERING FIRMS,
TO PROVIDE ENGINEERING SERVICES; DIRECTING THE CITY MANAGER TO
PRESENT NEGOTIATED AGREEMENTS TO THE CITY COMMISSION FOR
APPROVAL PRIOR TO EXECUTION THEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
138 January 12, 1995
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
NAYS: None
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
52. AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 1 TO
EXISTING AGREEMENTS WITH: (1) MANUEL G. VERA & ASSOCIATES,
INC., (2) CAMPANILE AND ASSOCIATES, INC., (3) FERNANDO Z.
GATELL P.L.S., INC., (4) METRIC ENGINEERING, INC., AND (5)
BISCAYNE ENGINEERING COMPANY, INC. -- EXTEND EACH
AGREEMENT FOR ONE YEAR (JANUARY 2, 1996 - JANUARY 1, 1997) --
FOR LAND SURVEYING SERVICES IN CONJUNCTION WITH CITY
CONTRACTED CONSTRUCTION PROJECTS.
Vice Mayor Plummer: Item 53. This is existing agreements and amendment number one for
land surveying for, I guess, the next couple of years. Are these all local companies?
Mr. Jim Kay: No, sir, they're not all local.
Vice Mayor Plummer: You know, I... You know, we've got a lot of land...
Mr. Kay: We asked firms to submit... These are firms that are presently on board who are
asking for another extension of a year.
Vice Mayor Plummer: Give me the comfort of knowing that at least local companies had an up
front chance.
Mr. Kay: Local companies were granted points, additional points in the selection process.
Mr. Cesar Odio (City Manager): They get priority.
Mr. Kay: They get priority points.
Vice Mayor Plummer: OK. I just, you know...
Commissioner Gort: Move it.
Vice Mayor Plummer: Moved by Gort, seconded by De Yurre. Anyone wishing to discuss item
53 further? If not, show a unanimous ballot.
139 January 12, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-58
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 1 TO EXISTING AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
AND MANUEL G. VERA & ASSOCIATES, INC., CAMPANILE AND ASSOCIATES,
INC., FERNANDO Z. GATELL P.L.S., INC., METRIC ENGINEERING, INC., AND
BISCAYNE ENGINEERING COMPANY, INC., THEREBY EXTENDING EACH
AGREEMENT FOR ONE ADDITIONAL YEAR, FROM JANUARY 2, 1996 TO
JANUARY 1, 1997, FOR LAND SURVEYING SERVICES IN CONJUNCTION WITH
CITY CONTRACTED CONSTRUCTION PROJECTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
53. (A) AUTHORIZE EXECUTION OF SUBORDINATION AGREEMENT IN
CONNECTION WITH LEASE AGREEMENT WITH OLYMPIA
BUILDING PARTNERS, LTD. [Note: Commissioner Dawkins was
granted 5 working days to exercise veto power, which he ultimately did,
5 days later -- item automatically deferred.]
(B) AUTHORIZE EXECUTION OF LOAN AGREEMENT WITH
OLYMPIA BUILDING PARTNERS, LTD. ($600,000) -- LOAN TO
BE USED IN REDEVELOPMENT OF OLYMPIA BUILDING (174 E.
FLAGLER STREET) -- ALLOCATE FUNDS FROM CDBG-
ASSISTED MULTI -FAMILY REHABILITATION LOAN PROGRAM.
[Note: Commissioner Dawkins was granted 5 working days to exercise
veto power, which he ultimately did, 5 days later -- item automatically
deferred.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 54. The lease with the City of Miami and the Olympia Building
Partners, Limited. Mr. Cook, I see you in the audience. You want to come up and briefly tell us
what you're doing, and then answer any questions that any Commissioner might have.
Mr. Clark Cook: Thank you, Mr. Mayor. The contractor, Cornerstone Group, is in the process
of getting ready to begin construction on the building.
140 January 12, 1995
Vice Mayor Plummer: Excuse me. Just for the record, there's a 54-A and there's a 54-13, so I'm
assuming you'll be speaking to both.
Mr. Cook: The City... The contractor has provided us... I shouldn't say the contractor.
Cornerstone Group has provided us with a $300,000 check. They have provided us their final
plans. They're in the process of getting the permit. We have been informed by the Permit
Department they should have the permit by February 1st. We anticipate, by their construction
schedule, they will begin January the - excuse me - February the 15th. These two items in front
of you today, one item is to approve the CDBG (Community Development Block Grant) loan of
$600,000. The other one is to subordinate the private loan of $400,000. I'll be glad to answer
any questions.
Vice Mayor Plummer: Mr. Dawkins.
Commissioner Dawkins: Who owns the building, Mr. Cook?
Mr. Cook: The City of Miami.
Commissioner Dawkins: The City of Miami owns the building.
Mr. Cook: That's correct, sir.
Commissioner Dawkins: OK. How much money has the City given to the developer already,
outside of what you're proposing... outside...
Mr. Cook: The City Commission gave a grant of 1.5... a home loan of 1.5...
Commissioner Dawkins: One point five.
Mr. Cook: ... approximately a year ago.
Commissioner Dawkins: All right. And now, you want to give how much more?
Mr. Cook: I see Mr. Bailey over there, but $600,000 is what is...
Commissioner Dawkins: All right. Another...
Mr. Cook: CDBG.
Commissioner Dawkins: Another $600,000.
Mr. Cook: Yes.
Commissioner Dawkins: So that's gives us 2.1. OK? Then you're going to subordinate or do
what, now? Our first position?
Mr. Cook: It would subordinate our first position of $400,000.
Commissioner Dawkins: Why?
Mr. Cook: Because that's the only way you...
Commissioner Dawkins: Wait a minute, wait a minute. How much, $400,000?
141 January 12, 1995
Mr. Cook: Four hundred thousand, yes, sir.
Commissioner Dawkins: Four hundred thousand.
Mr. Cook: That's the only way that you can put into the project private funds. You also,
Commissioner...
Commissioner Dawkins: Wait a minute, now. Why is that the only way you can get private
funds?
Mr. Cook: Because the banking industry requires - and my friend over there is a greater expert
on it than I am - but require that we subordinate.
Commissioner Dawkins: I told you the other day, Mr. Bailey don't vote on this, so you better
explain...
Mr. Cook: Oh, yes, I remember that, sir.
Commissioner Dawkins: You explain it to me. Mr. Bailey does not have a vote up here, see?
That's the coach, and he runs with the play.
Mr. Cook: The banks require that if they put up funds, that they be subordinated in front of the
City. The $400,000, the debt service on that is about $30,000 to $40,000. That can be covered
by commercial rents, if our provider disappeared, for some reason. I might also add that the
provider acquired $2.6 million worth of tax financing, tax credits, which are applied to the
building.
Commissioner Dawkins: Two what, now?
Mr. Cook: He also is provided $2.6 million of tax credits, which you got from the State of
Florida, which he sells to various corporations.
Commissioner Dawkins: So 2.6...
Mr. Cook: Six. Plus four.
Commissioner Dawkins: And 2.5. We're talking about $6.1 million in this building.
Mr. Cook: I think the figure is 1.5, plus another million, so that's 2.5 plus... I think it's around
two... five point...
Unidentified Speaker: Five point one.
Mr. Cook: ... 5.1, I think, is what the numbers come up to.
Commissioner Dawkins: OK. All right. Now, what is Off -Street Parking contributing to this
event... I mean this transaction?
Mr. Cook: My hard work and blood, and... blood and guts that...
Commissioner Dawkins: OK. All right. How much...
Mr. Cook: And we get nothing from it.
142 January 12, 1995
Commissioner Dawkins: How much can you go to Sun Bank with your hard work and come
back with dollars? How many dollars can you bring back by going to Southeast Bank and telling
them that you're contributing hard work?
Mr. Cook: I wouldn't get much from Southeast, but even from Sun...
Commissioner Dawkins: No, I said Sun Bank.
Mr. Cook: I don't think I'd get much from Sun.
Commissioner Dawkins: I did not say... I did not say Southeast. I said Sun Bank.
Mr. Cook: I'm sorry. I thought you said Southeast. I could not get it.
Commissioner Dawkins: Now, when you go to Sun Bank and tell them that you are contributing
your hard work, how many dollars are you going to bring back?
Mr. Cook: Nothing, zero.
Commissioner Dawkins: Zero. So therefore, you're putting in zero.
Mr. Cook: Yes, sir.
Commissioner Dawkins: OK. Go ahead. Now, so, Off -Street Parking, with all the revenue you
have coming in...
Mr. Cook: Yes, sir.
Commissioner Dawkins: ... you want the City of Miami to underwrite this, and you aren't going
to contribute nothing.
Mr. Cook: Commissioner Dawkins, I can't contribute anything because of our Charter and our
bonds. Our bonds require that all our funds go to parking. The building belongs to the City, and
we simply manage it for the City.
Commissioner Dawkins: OK. All right. The City has tried numerous times to sell its building,
but the City cannot sell its building.
Commissioner Gort: Nobody wants to buy it.
Commissioner Dawkins: Wait a minute, wait a minute. So why can't the City sell its building,
if the building belongs to the City?
Mr. Cook: Basically because of the way it was given to the City a long time ago, Commissioner.
Commissioner Dawkins: How was it given to the City?
Mr. Cook: It was given to the City by Mr. Gusman, with the stipulation that the Department of
Off -Street Parking manage it.
Commissioner Dawkins: Wait, now. Off -Street Parking does what?
Mr. Cook: Manage it.
i
143 January 12, 1995
Commissioner Dawkins: Go ahead.
Mr. Cook: And that's as far as I know. I don't think I have anything else to say.
Commissioner Dawkins: So therefore, Off -Street Parking has not managed it in a profitable
manner, and now that Off -Street Parking has got it in a hole, Off -Street Parking wants the City
of Miami to bail it out.
Mr. Cook: Commissioner, I don't think that's a true reflection.
Commissioner Dawkins: Well, put it your way, then.
Mr. Cook: I think, if you look at the building and look at the condition of the building, the City
removed its employees from there about a year before I came. Without that rental base... We
attempted to rent it. This City Commission made a decision to put no fee tenants in there, art
groups. I think Off -Street Parking has done a respectable job of managing it. It's just not a
product that... The product today that we have is not a profit -making product.
Commissioner Dawkins: OK.
Mr. Cook: What we would like to do is put people downtown. We came up with this idea. We
have gone through the proper channels to select a contractor, and we have selected one. We're
now ready to go forward. I really believe this is a step in the right direction. I think the method
of financing that we suggested is reasonable, and I understand your feeling about Miami Parking
System putting money in, but it's just no way that we can do that.
Commissioner Dawkins: OK.
Mr. Cook: I promise you, I put a lot of blood and tears in it, but that's it.
Commissioner Dawkins: OK. I don't need that. I need money. But now, let me ask you a
question.
Mr. Cook: Yes.
Commissioner Dawkins: What... Two more questions, and I'll be finished. Number one, you
are in Parking, you are the director of Off -Street Parking.
Mr. Cook: Yes, sir.
Commissioner Dawkins: The people who reside in this building, where will they park?
Mr. Cook: They will park in buildings... probably our garages. We've offered a special rate on
that. We also...
Commissioner Dawkins: No, no. Offered a special rate?
Mr. Cook: Yes, sir.
Commissioner Dawkins: Like what?
Mr. Cook: Well, I think we gave a reduced fee, if my memory is correct, it's $20 to park in the
garage, and we gave some time on the meters that they could park for free.
144 January 12, 1995
Commissioner Dawkins: Twenty dollars a day? Twenty dollars a month?
Mr. Cook: Twenty dollars a month for the resident...
Commissioner Dawkins: Twenty dollars a month?
Mr. Cook: For the residential area, yes, sir.
Commissioner Dawkins: So $20 a month.
Mr. Cook: Yeah. Commissioner Dawkins, we did some survey with another building that put in
some tenants down there, and out of the 20 something tenants they put in, only one had a car. I
might add...
Commissioner Dawkins: Well, you have no way of assuring me that that's going to happen in
this building.
Mr. Cook: No. I certainly have no way of knowing that.
Commissioner Dawkins: All right. Let me say...
Mr. Cook: And... But we also have plenty of parking at night. We don't have a lot of people
parking at night.
Commissioner Dawkins: Mr. Manager, I'd like to say to you and Mr. Bailey that you and Mr.
Bailey are doing the same thing with this money, housing money, that you and Mr. Castaneda
were doing with the parking garage. You and Mr. Bailey are taking money that's supposed to be
for low-income housing or low housing, and putting it into a facility that Mr. Clark has just said
belongs to the City. So therefore... And the City, Mr. Manager, I have no problems with it if the
City was getting a return. But we aren't going to get anything out of this. We're just going to
supp...
Mr. Cesar Odio (City Manager): Yes, we are.
Commissioner Dawkins: And we're going to give up our rights to the property. I...
Mr. Odio: I understand we get...
Mr. Cook: Commissioner Dawkins...
Mr. Odio: Let me see if I'm right. Don't we get a check for $300,000 up front?
Mr. Cook: We already have a check for $300,000.
Mr. Odio: And then we get the rent.
Commissioner Dawkins: Where? From where?
Mr. Cook: Huh?
Commissioner Dawkins: What rent?
Mr. Cook: We have a check for $300,000 from the developer.
145 January 12, 1995
Commissioner Dawkins: Rent from where?
Mr. Cook: From the developer, to have the right to develop. He has to give us $300,000.
Commissioner Dawkins: Then it's not rent.
Mr. Odio: Then we get the profits...
Mr. Cook: Then we get 32 percent of gross.
Commissioner Dawkins: OK. What is gross? What is gross projected to be?
Mr. Cook: Well, we get 32 percent of gross, or $150,000 a year, once he completes the project.
Commissioner Dawkins: Well, why are the Off -Street Parking getting this on my property? It's
the City of Miami's property. Why are we going back to Off -Street Parking? It should be
coming to the Manager's budget. No, no, no, you can't... Let him explain this to me.
Vice Mayor Plummer: Yeah. What he's saying, Mr. Manager, and I'm not trying to interpret
for him, is, yes, we own the property, yes, they are mandated as Manager, but it's our... We get
the money, right?
Mr. Cook: Yeah.
Commissioner Dawkins: No. No.
Mr. Cook: The money goes into G&O (Gusman and Olympia) fund. It's a City of Miami fund.
It goes right to his fund.
Mr. Odio: Yeah. It's my fund.
Commissioner Gort: It doesn't go to Off -Street Parking.
Mr. Odio: It does not.
Mr. Cook: I do not get the money. I deposited the $300,000 in his fund.
Mr. Odio: Commissioner, Commissioner, you may have... Let me say this. The only way we're
going to get off paying deficits to the Off -Street Parking is to put something in there that makes
sense. I think that we need to try this, people living back into downtown, and that they will
spend monies in the businesses in downtown, they will open Flagler Street, hopefully, at night.
It's part of the redevelopment of Flagler Street and downtown.
Vice Mayor Plummer: Yeah. Mr. Manager, if I may, just for a moment. You know, my
problem is long-standing. You know, even with this, which is a very nice project, we're still
going to have to subsidize the theater. OK? There's no question.
Mr. Odio: Well...
Vice Mayor Plummer: And nobody makes any bones about it. We still will have to subsidize
somewhere between $100,000 and $300,000 a year.
Mr. Odio: That is correct. That is correct.
146 January 12, 1995
Vice Mayor Plummer: OK. Now, my story still remains the same, and nobody has proven me
wrong yet, that if we give it back to the family, which is our only option, or negotiate, which
we've never done with the family, to allow someone like this gentleman to come in and buy it,
and put it back on the tax rolls.
Mr. Odio: I have no problem with that.
Vice Mayor Plummer: OK?
Mr. Odio: But it's not...
Vice Mayor Plummer: What I'm saying to you is the fact that, number one, we're not paying
any more subsidy; number two, we're getting money in above break-even, when the thing is
back on the tax rolls. Now...
A. Quinn Jones, III (City Attorney): Commissioner ... excuse me...
Mr. Cook: Commissioner Plummer, it may be back...
Vice Mayor Plummer: That's my long-standing problem.
Mr. Cook: It may be back on the tax roll under this development plan. The County has to make
the decision. You can still give the theater back. You would then have the building generating
the dollars to you, which is, as I explained. This is the only project that we've seen that would
feed us with a constant sum of dollars to the City's G&O fund.
Commissioner Dawkins: I move that...
Vice Mayor Plummer: All right. You know my long-standing problem in this community. We
are "over-facilitized," and with the exception of Dinner Key, which I now stand corrected, and
Miami Arena, every one of them requires huge sums of tax dollars.
Commissioner Dawkins: Even Hyatt Hotel.
Vice Mayor Plummer: Hey, listen, you know, that's where we're getting killed. These are
dollars that are not producing. These are dollars to cover losses.
Mr. Jones: Commissioner Plummer, I need to remind you, because every time the subject comes
up, it's... You talk about giving the property back. You can't give it back.
Commissioner Dawkins: Why not?
Mr. Jones: The City property, if you're going to... It has to be disposed of as any other piece of
City property.
Vice Mayor Plummer: Well, OK. My understanding was that the only provision that we could
do, if we didn't... can't maintain the ownership was to give it back to the family.
Mr. Jones: You can not give it back.
Commissioner Dawkins: OK. I move that this be deferred, and let the City Attorney provide us
with written documentation telling us why you can't give it back. OK? And tell me... No, no,
give it to me in writing. Spell it out, in the State statute, or in the deed, that it was given to me,
spelling out why you cannot give it back to them, or why we can't sell it.
147 January 12, 1995
Mr. Jones: Commissioner, I'd be happy to... It's right here in your Code. Any City property has
to be disposed of in accordance with the City Code. It's City property. It was a gift to you,
which you accepted.
j Mr. Odio: We sell it...
Mr. Jones: When you accepted it, it became City property.
Mr. Odio: Then let's...
i Mr. Jones: You can sell it, you can lease it, you can do whatever you want to do with it.
Vice Mayor Plummer: Well, wait a minute. What about the stipulation of the reverter clause in
the giving of the property?
Mr. Odio: Let's sell it and see if they come in...
Commissioner Dawkins: No, no, no...
Vice Mayor Plummer: Excuse me, excuse me. Was there not a provision, Mr. City Attorney...
Mr. Jones: There was not a reverter in there.
Mr. Odio: Let's sell it.
Vice Mayor Plummer: There was not?
Mr. Jones: No, there was no reverter.
Vice Mayor Plummer: So we can...
Mr. Cook: I stand corrected, then.
Mr. Jones: It is outright City property.
Commissioner Dawkins: So we can sell it. So we can sell.
Mr. Jones: The only thing you can do with it, if you decide to sell it, lease it, whatever, it has to
be done in accordance with your City Code, which prescribes what the procedure is for disposing
of City property.
Vice Mayor Plummer: I have one more question. Mr. Clark... Mr. Cook, if we don't act today,
does that in any way... Because I don't want to lose what we've got if we can maybe do better,
but I don't want to lose what we got.
Commissioner Dawkins: There he goes, zoom, zoom, zoom.
Vice Mayor Plummer: Does that preclude any time frame?
Mr. Cook: It just causes... Commissioner Plummer, may I say that it just costs us money. The
developer has already given us the $300,000.
Vice Mayor Plummer: Mr. Cook, I don't want you to editorialize, sir.
148 January 12, 1995
Mr. Cook: No, all right.
Vice Mayor Plummer: If this deferment occurs...
Mr. Cook: If the City chose to select this financial plan at the next Commission meeting, it
would not hurt us.
Vice Mayor Plummer: Thank you, sir.
Mr. Cook: If you do not, it will hurt us.
Vice Mayor Plummer: Thank you, sir, OK? Then Commissioner Dawkins' problems or... can
be resolved, or he'll at least have answers.
Mr. Cook: May I... The developer...
Vice Mayor Plummer: Mr. Cook...
Mr. Cook: It will hurt... Could I make one comment? And I promise only one, and then I'll be
quick.
Vice Mayor Plummer: Yes, sir.
Mr. Cook: The developer informed me that waiting a month would be extremely costly to him.
Vice Mayor Plummer: OK. Well, it could be... Excuse me. The developer has to make his
decision of taking his chances of being a little bit more in expenses, or losing completely today.
Commissioner Dawkins: All right. I want... Like you said, bring it back, and I will get with the
Manager and Mr. Bailey, and I want to see all the money that Off -Street Parking gets for my
land Overtown, what they're doing with it, all of the... whatever they're getting, and then show
me by graphs, because, see, I can't grasp anything if it's not in writing, and let me see what Off -
Street Parking is really doing, because... How much money you get from the parking in
Overtown that you're contributing to the City of Miami's general fund?
Mr. Cook: If you're talking about the lots around the Arena?
Commissioner Dawkins: Yes, sir.
Mr. Cook: We, the City, get... And I don't remember, it's 80 percent of the money that we get
after we get our expenses out, and I think we get the 20 percent, or it's 85/15.
Commissioner Dawkins: Mm-hmm.
Mr. Cook: And the rest of it goes to the G... they go... it goes to the City.
Commissioner Dawkins: But that's money that's supposed to go back into Overtown, because
the land, the parking garages are Over... The parking lots are Overtown.
Mr. Cook: Yeah.
Commissioner Dawkins: See, and these are the kind of things I'm talking about
149 January 12, 1995
Vice Mayor Plummer: Mr. Cook, I think that... Mr. Gort.
Commissioner Gort: I'd like to make a statement that I think what... We should have discussed
all this before we decided to have an RFP (Request for Proposals).
Mr. Cook: I totally agree.
Commissioner Gort: I think if we did issue an RFP we should comply with it. How are we
going to get private enterprise to work with us if we do this type if thing? We decide to go with
an RFP, we go through the process, people bid for it, people want to bid and they start working,
and then we are going to say, "No, we don't want to do it now." I think that we should have
been done before. It shouldn't be done now.
Commissioner Dawkins: I totally agree.
Commissioner Gort: We should not have taken that decision before. We should have voted for
the RFP, and we should not have approved the decision being made by the Committee. And I
feel pretty bad about this, because how are you going to get a private enterprise to come and bid?
If we have three kids coming out pretty soon hopefully and we want to get some major players to
come to the City of Miami and invest in the City of Miami, how can we get them to invest in us
if they see this type of thing? That we issue an RFP and then we go back on our word?
Vice Mayor Plummer: Commissionder Daw... I'm sorry.
Commissioner Gort: I can understand the Commissioner could have problems with it, but that
should have been discussed before we went out with an RFP.
Vice Mayor Plummer: Commissioner Dawkins.
Commissioner Dawkins: I have no problems with anything other than the City receiving fair
value. That's my only concern. Now, once... That has nothing to do with the RFP, and I agree
with you in total. You are voicing the same sentiments that I voice here all the time. We should
not have anybody develop an RFP, and to spend money, and then we don't accept it. That's one
of the reasons I asked that the three RFPs that you have this morning be deferred until I can look
at it, and then I can say up front, yes, this should be in the RFP, or this shouldn't be in the RFP.
But all I'm saying to all of us here is the City of Miami keeps selling property, you keep giving
away property, you keep telling me we don't have any money, you keep telling me you got to
raise taxes, and yet you do not come up with a plan where the City will benefit financially. It's
always, let's give it to somebody so they can take it off our hands, and they'll make money.
Commissioner De Yurre: J.L.
Vice Mayor Plummer: Mr. Gort. I'm sorry.
Commissioner Gort: My understanding, and somebody correct me if I'm wrong... My
understanding is that in all the studies that we're done on downtown Miami, that we have
always, for the last 15 years, want to bring night -life into downtown Miami, that we have
always, for the last 15 years, wnat to bring night -life into downtown Miami, to recouperate it and
bring it back. Right now bringing people to live in downtown Miami is one of the major goals in
order to live in downtown at night. My understanding is we will do away with the deficit that we
have in the building right now. We'll be receiving some revenues and we'll also be bringing
people...
Mr. Clark: Absolutely.
150 January 12, 1995
Commissioner Gort: ... to live in downtown Miami, which is one of the goals that we have. My
understanding is, when people in the private sector, that I received calls, they're looking to see
what this project is like. We got a lot of empty buildings within downtown Miami that they
would like to turn around and convert to residential. So this project is very important, not only
for downtown, but for the whole City of Miami, because whatever happens to downtown,
happens to the rest of the neighborhoods. And 1 think it's very important for people to
understand, we've got to support our neighborhoods, but we've also got to support our
downtown. One of the reasons the neighborhoods do not pay the taxes that they pay is because
they are being subsidized by downtown. I know the places we've got to work with. That's
about all I want to say.
Vice Mayor Plummer: Commissioner De Yurre.
Commissioner De Yurre: About three years ago, when I was chairman of the DDA (Downtown
Development Authority), one of our main objectives was to bring downtown, life to downtown
Miami. And the only way you can really do it is by having residents living down there. If not,
there's no reason to be downtown. And, J.L., after I left, you took over, and you followed along
those lines, and now Willy's doing that. You know, I understand the concept of trying to get as
much money as we can, but, you know, by looking at what's going on right here, and, you know,
this is the argument that people have for having an independent agency, you know, because we
have this going on, and we don't get, you know, all for the eight ball, behind the eight ball, we
got to move out, we got to move on. Now, if we're not getting any money out of this, whatever
money Off -Street Parking makes, it's that much less money that we have to subsidize, because
we have to pay the shortage, and they always end up short on money. How much money did we
give them last year?
Mr. Cook: Over $300,000.
Mr. Odio: It was close to $350,000.
Commissioner De Yurre: Three hundred thousand. So if they make $10,000 this year off of
this, that's only three -forty we got to give them. So we are making money. If they were to give
us the $10,000, we would have to give it back to them, because they would need the three -fifty
anyway then. So we are making money indirectly by not having to subsidize them to that extent,
and they're going to end up making some money out of this thing if they do. So I don't see what
the story is. We got to move on with this. Let's do it.
Vice Mayor Plummer: Mr. Clark Cook for the last, to close.
Mr. Cook: All right. Commissioner... Mayor Plummer, I stand here and ask you not to do this to
this developer, who has put up $300,000, who has come through and attempted to make this
thing work. The question that you ask about, and Commissioner Dawkins asked about selling
the property, whatever we can do, we can do with the theater. The theater is causing the
problem. If you choose to close the theater, you can close the theater. This Commission has the
ability to do that. It was my understanding there was a reverter clause in there. I'll have to go
back and read my notes again to be sure.
Vice Mayor Plummer: That's what I understood.
Mr. Cook: But no matter if there is or isn't a reverter clause, we need to go forward with this
developer. We're averaging ten calls a week about people wanting residential. This is
affordable housing. This is good for downtown. You're putting the developer in a very difficult
space. He's not only invested $300,000 in this project, he's working very hard. I will commit to
151 January 12, 1995
you personally to answer Commissioner Dawkins' questions, and sit with him in the office, and
go over every dime there, but I ask this Commission to consider passing this financial package.
It's important.
Vice Mayor Plummer: Can I make a suggestion? Are you finished?
Mr. Cook: Yes, sir.
Vice Mayor Plummer: Can I make a suggestion to the developer, to you, to the Administration?
To try to accommodate my comrade in crime up here, my blue brother, that we pass this motion
today subject to seven days of him having the right to sit with you, and if he has no objection in
seven days, it's approved. If, in seven days, he's not satisfied, it would be rescheduled for the...
j Mr. Cook: I totally agree.
Vice Mayor Plummer: Huh?
Mr. Cook: Yes, sir.
Vice Mayor Plummer: Does that sound like a compromise that would work, Mr. Bailey? You
are going to be involved in this.
Mr. Bailey: Is that for "A"... We don't vote.
Vice Mayor Plummer: I know you don't vote.
Mr. Bailey: But I just want to ask a question.
Vice Mayor Plummer: God forbid you should!
Mr. Bailey: Yeah. Is that for "A" and "B"?
Vice Mayor Plummer: Yes, sir, it would be, of course.
Mr. Cook: "A" and "B."
Mr. Bailey: That will be fine.
Commissioner Dawkins: OK. I will accept what you... I mean, I will move it with this
provision: That I sit down...
Vice Mayor Plummer: Did you hear what I said? We approve it. In seven days, he sits with
him. If he doesn't have any problems, it's approved; if not, it's rescheduled.
Commissioner Dawkins: I will move it with the provision that I sit down with Mr. Bailey, the
developer and Deedco, and after the developer, Deedco and Mr. Bailey explain it to me, then I'd
like to meet with Mr. Bailey, Deedco, the developer and Mr. Cook.
Vice Mayor Plummer: Can you do that within seven days? I'm only...
Commissioner Dawkins: I can do... Well, no, I can't do it Monday. That's my birthday, Martin
Luther King. I'll do it any day but Monday.
Vice Mayor Plummer: Well, all right. Since it's you, that's why I'm asking. What's your time
frame?
152 January 12, 1995
Commissioner Dawkins: Any Tuesday...
Vice Mayor Plummer: How about ten days?
j Commissioner Dawkins: No, no. Look, five working days is fine. It doesn't take that long.
Vice Mayor Plummer: OK. All right.
Mr. Bailey: We can do it tomorrow if you like.
Vice Mayor Plummer: Would somebody like to make a motion?
Commissioner Dawkins: I just made the motion...
Vice Mayor Plummer: You made the motion. Has anybody seconded the motion? Seconded by
De Yurre. Is there any further discussion? The only thing I would like under discuss...
Commissioner Gort: I'd like to have the motion explained again.
Vice Mayor Plummer: OK. The motion is that it is approved, subject to these people outlined
by Commissioner Dawkins sitting with him and answering all of his questions, and that if within
five working days, he has no objections, the matter is finalized. If he has objections, then it
would be reverted back to a Commission meeting on February the 9th, which is our next
meeting.
Commissioner Gort: OK.
Vice Mayor Plummer: OK? Mr. Clark, may I ask this question? And maybe, also, I'm asking
of my colleagues. I'm not in favor of shutting down Gusman, but is there any way that we could
legitimately... And I'd ask my colleagues if they feel the same way - try to put out feelers to see
if there would be an interest by somebody to buy it?
Mr. Odio: Do what we're doing in Tower Theater. Put out an RFP (Request for Proposals) and
see if the COBB theaters or Wometco or somebody comes in.
Vice Mayor Plummer: Well, I'm saying, would you all have objections to that? I mean, we still
would reserve the right.
Mr. Odio: Make it into a movie theater, whatever.
Mr. Cook: Commissioner I will personally come see you. You and I can sit down, and if that's
the wish of this Commission, I will certainly do it.
Vice Mayor Plummer: Clark, if I can save another $300,000, I can pay Jack Luft's salary.
Mr. Cook: Yes, sir.
Vice Mayor Plummer: No. OK. The motion on 54-A, is it understood?
Mr. Cook: Yes.
Vice Mayor Plummer: All in favor, say "aye." Hearing no objection, 54-A is approved.
- -153 _ - Janury 12, 1995 -
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-59
A MOTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO
EXECUTE A SUBORDINATION AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, IN CONNECTION WITH THE LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI AND OLYMPIA BUILDING PARTNERS, LTD.
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Vice Mayor Plummer: Fifty-four-B, the same parties make the same motions and seconded. Is
there any discussion on 54-13? Hearing none, show it as unanimous, under the terms and
conditions that this matter was passed.
Commissioner Dawkins: Which one is the one you're subordinating?
Mr. Luft: "A," I believe, sir.
Commissioner Dawkins: "A" and "B"?
Mr. Luft: Yes, "A."
Mr. Jones: It's the subordination agreement.
154 Janury 12, 1995
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 94-60
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
OLYMPIA BUILDING PARTNERS, LTD., IN AN AMOUNT NOT TO EXCEED
$600,000, SAID LOAN TO BE USED IN THE REDEVELOPMENT OF THE
OLYMPIA BUILDING LOCATED AT 174 EAST FLAGLER STREET, MIAMI,
FLORIDA; ALLOCATING FUNDS THEREFOR FROM THE CDBG-ASSISTED
MULTI -FAMILY REHABILITATION LOAN PROGRAM.
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Vice Mayor Plummer: All right. The Mayor has asked that item 55 be deferred until he gets
here.
Commissioner Dawkins: It is twelve -fifteen. All of them are deferred until...
Vice Mayor Plummer: OK. Well, I'm just trying for the record, sir.
Commissioner Dawkins: OK. It's lunchtime.
Vice Mayor Plummer: Item 55 is deferred until the Mayor. Item 56 is scheduled for six o'clock.
Item 18, 19 and 20 is scheduled for three o'clock. Item 11 is scheduled for four o'clock. And a
surprise visit from the sanitation workers will be here at five -thirty.
Commissioner Dawkins: Hold on. We have Chairman Teele at four o'clock.
Vice Mayor Plummer: You have Chairman Teele at four o'clock. You're going to have all of
that, and possible reconsideration on item forty-six in the afternoon agenda. The only other
one... What was the one for Overtown?
Unidentified Speaker: Thirteen was...
155 Janury 12, 1995
Vice Mayor Plummer:
Thirteen is the Over...
Unidentified Speaker:
No.
Vice Mayor Plummer:
What's 13?
Angela Bellamy (Assistant City Manager): Residency.
Vice Mayor Plummer:
Residency, 13. OK. And Overtown was what number?
Mr.Odio: Eleven.
Vice Mayor Plummer:
That was 11? No, no, the Overtown Shopping Center.
Unidentified Speaker:
Oh, CA-33.
Vice Mayor Plummer: CA-33. That's for reconsideration. This Commission stands in
adjournment until three o'clock this afternoon.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:20 P.M. AND RECONVENED AT 3:11 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPT COMMISSIONER DE YURRE, FOUND TO BE
PRESENT.
----------------------------------------------------------------------------------------------------------------
54. (A) AUTHORIZE EXECUTION OF REVOCABLE PERMIT WITH
REPUBLIC NATIONAL BANK OF MIAMI -- FOR USE OF
APPROXIMATELY 2,000 SQUARE FEET OF SPACE IN
OVERTOWN SHOPPING CENTER (1490 N.W. 3 AVENUE) -- TO
ALLOW PERMITTEE TO PROVIDE BANKING SERVICES IN THE
OVERTOWN COMMUNITY ON A MONTH -TO -MONTH BASIS,
WITH PERMITTEE CONTRIBUTING $60,000 IN CAPITAL
IMPROVEMENTS TO A 4,400 SQUARE FOOT AREA OF THE
OVERTOWN SHOPPING CENTER; ETC.
(B) DIRECT ADMINISTRATION TO SEEK COMPETITIVE BIDS FOR
OVERTOWN SHOPPING CENTER FACADE IMPROVEMENT
PROJECT.
------------------------------ ---------------------------------------------------------------------------------
Mayor Clark: Madam Clerk, show us back in session at three -eleven.
Vice Mayor Plummer: Mr. Mayor, I was the one this morning on Consent Agenda 33, in
reference to the Overtown Shopping Center... I have now had the opportunity to go over the
budget, and I was the only one at that time in opposition. So at this time, I'd like to be the one,
sir, to move it, its approval, Consent Agenda item 33.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Any discussion? Hearing none, cast a unanimous ballot of those present, Madam
Clerk.
156 Janury 12, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-61
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH REPUBLIC NATIONAL BANK OF MIAMI ("PERMITTEE"), FOR THE USE
OF APPROXIMATELY 2,000 SQUARE FEET OF SPACE IN THE OVERTOWN
SHOPPING CENTER, LOCATED AT 1490 NORTHWEST 3RD AVENUE, MIAMI,
FLORID& TO ALLOW PERMITTEE TO PROVIDE BANKING SERVICES IN THE
OVERTOWN COMMUNITY ON A MONTH -TO -MONTH BASIS, WITH
PERMITTEE CONTRIBUTING $60,000.00 IN CAPITAL IMPROVEMENTS TO A
4,400 SQUARE FOOT AREA OF THE OVERTOWN SHOPPING CENTER AND
WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN
THE REVOCABLE PERMIT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
NOTE FOR THE RECORD: Commissioner De Yurre entered the
Commission chamber at 3:12 p.m.
Mayor Clark: All right.
Vice Mayor Plummer: You might also, Mr. Mayor, want to take up the item, I think it was 46.
Mr. Cesar Odio (City Manager): May I finish on CA-33, please?
Vice Mayor Plummer: I'm sorry. Yes, sir.
Mr. Odio: We need to... You are giving us...
Ms. Ana Sardina: You need to approve the revocable permit for the bank, and then the
emergency waiving... the waiving of the formal bids for the facade improvement.
Mr. Odio: For the facade improvement.
Mayor Clark: Is there a motion on that item?
157 Janury 12, 1995
Mr. Odio: The bank cannot improve... The bank will not move in until we approve the facade.
Vice Mayor Plummer: I don't mind the revocable permit. You justify right on the record, what
is the emergency?
Mr. Odio: I'm not going to... I don't declare an emergency.
Ms. Sardina: The bank would like to know when the facade improvements are going to be
complete, because they're concerned about security.
Vice Mayor Plummer: OK. I think that's logical. They should know when it's going to be
done, but why an emergency?
Mayor Clark: They want to do it yesterday, that's the reason.
Mr. Odio: Because they want to move in and...
Ms. Sardina: They want to sign a contract.
Vice Mayor Plummer: You'll pay through the nose to do it yesterday, Mr. Mayor. You know
that.
Mr. Odio: And we're not waiving the bids. What we're saying is to go out on competitive bids.
Vice Mayor Plummer: All right. I tell you what I'm going to do. I'm going to go along with
you. OK? I'm going to go along with you. But if I find one company that will do it cheaper
than what you're doing it for in this thing here, I'm going to come back to this table, and I'm
going to let you know, in no uncertain terms, of how you cheated the taxpayers.
Mayor Clark: Move the item. Is there a second?
Vice Mayor Plummer: I'll move it, Mr. Mayor.
Mayor Clark: Is there a second?
Commissioner De Yurre: Second.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot of those present.
158 Janury 12, 1995
1
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO.95-61.1
A MOTION DIRECTING THE ADMINISTRATION TO GO OUT AND SEEK
COMPETITIVE BIDS IN CONNECTION WITH THE OVERTOWN SHOPPING
CENTER FACADE IMPROVEMENT PROJECT.
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------- ------------------------------------------------------------------------------ -----------------------
55. (A)RECONSIDER PRIOR VOTE FOR DEFERRAL OF AGENDA ITEM 46.
(B)(Continued discussion) ACCEPT BID: LAW ENFORCEMENT SUPPLY
CO., INC. -- FOR FURNISHING 400 PRISONER TRANSPORT SEATS TO
POLICE DEPARTMENT -- ALLOCATE $103,200. (See label 46)
Mayor Clark: What's the next item?
Vice Mayor Plummer: Mr. Mayor, there was an item 46, I believe, a police item that... Whether
I like spending $104,000 for back seats in the police car or not, I am told... I am told that it is
mandatory by OSHA (Occupational Safety and Health Administration) that we must have those
things, or we will have a lawsuit. Item 46, is it, Joe?
Lt. Jospeh Longueria: Yes, sir.
Mayor Clark: Do you move it?
159 Janury 12, 1995
Vice Mayor Plummer: Mr. Mayor, if I'm told that I have to do it, I'm mandated to comply, I
have no choice...
Mayor Clark: All right. Thank you.
Vice Mayor Plummer: ... I'll move it. But I sure don't find any other police car in this town
complying. And I'm going to go and turn them in.
Mayor Clark: Is there a second?
Vice Mayor Plummer: You have no choice.
Mayor Clark: Call the roll.
Mr. Manuel Gonzalez-Goenaga: Excuse me. I was ready to speak on that particular item when
it was deferred, and just a little comment. I have been a prisoner seven times, and I am for the
prisoners, and I wish that the U.S. Government does the same thing for the Cubans in
Guantanamo. And let's stop this hanky-panky this of backup committees, and let's solve the
problems of the people who are... who have not committed crimes in Guantanamo, and yet, the
real criminals and the murderers are treated very well here in Miami. Thank you very much.
Mayor Clark: All right. Thank you, sir. Motion and a second. Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-62
A RESOLUTION ACCEPTING THE BID OF LAW ENFORCEMENT SUPPLY CO.,
INC., FOR THE FURNISHING OF FOUR HUNDRED (400) PRISONER
TRANSPORT SEATS AT A TOTAL PROPOSED AMOUNT OF $103,200.00 FOR
THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT CODE
NO. 290201-770; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
160 Janury 12, 1995
----------------------------------------------------------------------------------------------------------------
56. DISCUSSION CONCERNING IMPEDIMENTS CREATED BY THE CITY'S
RESIDENCY REQUIREMENT IN FILLING VACANT POSITIONS --
COMMISSION AGREES TO REVISIT ISSUE AT A FUTURE TIME. (See
label 20)
Vice Mayor Plummer: I think the next item was the vendors. I don't remember what item.
Mr. Cesar Odio (City Manager): No, we have the residency, number 13, I believe is the next
item.
Mayor Clark: What is item 13? Let's look at that.
Mr. Odio: Thirteen?
Mayor Clark: Yes, sir.
Mr. Odio: Yes, item 13.
Ms. Angela Bellamy (Assistant City Manager): Yes. Mr. Mayor and members of the City
Commission.
Mayor Clark: Yes, ma'am.
Ms. Bellamy: Item 13 deals with the residency policy, which has been in effect since January of
1993.
Mayor Clark: Yes.
Ms. Bellamy: What we'd like to do is tell you that we have had the results of recruitment, and
our failure to fill vacancies within the City departments because of the residency requirement.
We found that, for example, in the Planning, Building and Zoning Department, we have a forty-
three percent vacancy rate, where positions that have taken as much as two years, it's taken as
long as two years to fill one position in the inspector series. In areas like public service aide, we
have been reduced by seventy-five percent of the number of applicants for the position. In... For
police officers, we now have... We have a problem losing black males for that position, and we
desperately are now... We're requesting that we be allowed to vacate the residency requirement,
and that we be allowed to recruit outside of the City of Miami boundaries, that we be allowed to
hire non -City residents, and that we be able to give preference in hiring to City of Miami
residents.
Mayor Clark: That's basically what the resolution calls for. All right. What's the pleasure of
the Commission?
Vice Mayor Plummer: How strange a world we live in. Six months ago, we were talking about
making every employee live in the City. You know, they require me, to be a Commissioner, to
live in the City. There is absolutely no question that the people who live in the City have greater
pride in their City and will look after it even better. I don't see a thing wrong with applying the
same principle to the employees. They have to live in the City. I have calls every day - and I
don't know why they come to me - of men who want to be policemen, and men who want to be
161 Janury 12, 1995
firemen, and they can't even get any information out of Personnel. And, you know, it's the idea
that we're talking about PSAs (public service aides). Today, it cost us $8200 to process a PSA,
who may or may not get in to get a job. I think, as I've said before, and this is no criticism of
one individual, we need to totally revamp our system of personnel. What we're doing is not
working, it is expensive, and we're not getting the results that we want. My personal feeling is, I
think that City residents make better City employees, and that's my vote.
Mayor Clark: All right, fine. Any other discussions?
Mr. Manuel Gonzalez-Goenaga: Yes. I was urged to move to the City of Miami just to be able
to speak before the citizens.
Mayor Clark: No, you were urged...
Mr. Gonzalez-Goenaga: And I think under the same vein, let me tell you, I know a lot of good
people in Miami who are unemployed, including me, with more qualifications than the City
Manager, that I can guarantee you, any time, any day.
Mayor Clark: All right, now. No personalities. Come on, let's get with it.
Mr. Gonzalez-Goenaga: OK. And I think that the whole procedure should follow, no
exceptions, and maybe after we review the budget, I am afraid that the City of Miami has too
many employees, in comparison to the service that it gives their citizens.
Mayor Clark: All right. Thank you, sir.
Mr. Gonzalez-Goenaga: Thank you very much.
Mayor Clark: Thank you, sir.
Mr. Gonzalez-Goenaga: Let's hold the whole... Let's put on... You know when we restructure
many corporations, and we must restructure from here. Not your salaries.
Mayor Clark: No.
Mr. Gonzalez-Goenaga: Not your salaries.
Mayor Clark: All right. Thank you.
Mr. Gonzalez-Goenaga: But from the top down, from the City Manager.
Mayor Clark: Bon apetit.
Vice Mayor Plummer: Five thousand dollars.
Mayor Clark: Yes, sir.
Mr. Al Cotera: Can I urge you to move out of the City so I don't have to listen to you anymore?
Good afternoon. Al Cotera, president, Fraternal Order of Police. I would like to express my
concerns, as far as the residency is concerned. We have tried, and it isn't working. We're
having a very difficult time in hiring minorities. The pool is just too small. The housing in
Miami is expensive for the person that is beginning to move in. We've worked together with
Housing in trying to develop a program that once we have them on board, to try to get them to
move in, and the City is helping them. And we are pushing for it. We have tried very hard. But
162 Janury 12, 1995
when you have to try to process - and we process every City resident first, the last time, and we
were unable to come up with a class. We are averaging twenty-seven people for every
policeman that gets hired. Now, as to the comments about how expensive it is and how tedious
it is, I expect that, and I hope that everyone on the dais expects the highest quality personnel
available. That costs money to do. It costs money to do a complete background, a complete
history, a psychological, because as we all know, it only takes one bad individual to get on
board, and then you really pay for it. That is more expensive, that one individual. This year
alone we paid - what? - $7,000,000 for one individual? Now, think about how many people we
could have hired and we could have processed with that money. We have tried our best. The
union is pushing and will continue to push to hire City residents, to push for preference in City
residency, to urge our people to move back into the City. But when, you know... I find it
difficult to believe that you're saying that eighty percent of this police department doesn't take
pride in where it works, and I find that hard to believe.
Vice Mayor Plummer: No, that's not what I said, Al. I said the person who...
Mr. Cotera: They don't take any less pride in this City than the person that lives there.
Vice Mayor Plummer: No...
Mr. Cotera: That's our feeling.
Mayor Clark: All right. Thank you, Mr. Cotera.
Mr. Cotera: Thank you, Mr. Mayor.
Mayor Clark: Any further discussion on the dais? All right, I'm ready for...
Commissioner Gort: I got questions. My understanding is the procedure that we have, that I
inherited, was that if staff was not able to get enough qualified individuals to come in front of us,
prove it to us, and we could go ahead and hire, give them permission to hire outside of the City.
Mr. Odio: No, sir.
Commissioner Gort: Because if we have problems, and we interview people, and we continue to
interview people, and we can't get people to fill the jobs, we need to fill the jobs.
Mayor Clark: Well, I believe Angela has done a great job here, and she gives you the works.
Commissioner Gort: Well, I'd like for her to go further in detail, what have we done and just all
the time that I've been here, certain things were going to be done, and J.L. has got a complaint,
and I've got some complaints that I've heard, also, that it's very difficult for people to get the
PSA (Public Service Aide). I'd like to see what the criteria are for the PSA.
Ms. Bellamy: You'd like to see what, Commissioner?
Commissioner Gort: The criteria to become a PSA. What are the requirements?
Ms. Bellamy: We have the job announcement here. In fact, we're currently recruiting for public
service aide.
Vice Mayor Plummer: Yeah, but you see, Angela... And I didn't want to get into this, OK?
And the Manager and I spoke about this at lunchtime. You have a misnomer that exists with the
PSA, as we knew it five years ago, and what we need in a PSA today. What we need is report
163 Janury 12, 1995
writers. PSAs naturally assume that they are a bull pen to become police officers. We need
people to go relieve the policemen to do policework, and a cadre of people that do nothing but
write reports so the policemen don't have to do that.
Mr. Odio: They still... And I have asked...
Vice Mayor Plummer: We have 150 positions in the budget. We have less than a hundred. All
I'm saying to you, as you sit here and listen to a police radio, and a man is sent to go to a burglar
alarm has to be cancelled, because there's no backup, which it should be, the reason there's no
backup is, is because he's out having to write a report. That's where I say one of the things that
we need to revamp is personnel. You get... the PSA cadre right now is $17,000 with no benefits;
is that correct, roughly?
Major R. Martinez: That's correct.
Vice Mayor Plummer: OK. So basically, what you're talking about, for every police officer,
you get three PSAs.
Mayor Clark: Let me ask a question. The position is that first preference in all positions goes to
the City resident, and if you can't find them there, you can search elsewhere. Is that basically
the resolution?
Ms. Bellamy: What we're saying...
Mr. Odio: Today, yes.
Ms. Bellamy: Yes. We're saying, yes, we be allowed to recruit... We be allowed to hire outside
of the City. If, in the selection process, we have two candidates that are equally qualified, the
City resident automatically gets the job.
Mayor Clark: Well, I think it's very simple. Let's get a motion.
Commissioner Gort: Before we go into the motion and vote on it, I want to know what system
you're going to utilize, to see that we maximize, we use all our efforts to try to recruit within the
City of Miami.
Vice Mayor Plummer: Same thing they used when we had the system that one person will act as
God, and who is demonstratively superior.
Ms. Bellamy: Commissioner, if I can answer your question. For example, for public service
aide, we recruit with the job announcements. We send them to community organizations. We
send copies to the NET (Neighborhood Enhancement Team) offices. We go to all of the high
schools within the City of Miami. We have now sent job announcements. We have it on NET 9,
and we've done a lot of additional recruitment within the community, in addition to what we did
previously. Each of the candidates take an examination, and based on the results of the
examination, then they are referred, in accordance with the civil service rules, to the Police
Department. The Police Department then starts their process of orientation, and they go through
the background process in the Police Department. Once that concludes, and they go through all
of those processes, then they go through a medical exam, and then they can be hired.
Mayor Clark: Does the Fire Department feel the same as the Police Department does?
Vice Mayor Plummer: Yeah.
164 Janury 12, 1995
Commissioner Gort: My understanding is we do have job development in all of the NETS. All
the NET offices have job development.
Mr. Odio: Yes.
Commissioner Gort: OK. I'd like to get copies of all the openings that we have, and all the
requirements in my office, because I've got a lot of people calling me for jobs...
Mr. Odio: Yes.
Ms. Bellamy: We can do that, Commissioner.
Vice Mayor Plummer: Yeah.
Commissioner Gort: ...here in the City of Miami.
Ms. Bellamy: In fact, I thought you received them But I'll make sure that you get a...
Commissioner Gort: And I'm going to be sending you a lot of clients and a lot of customers,
that's for sure.
Ms. Bellamy: Yes, of course.
Mr. Odio: Let me explain we had in the police class, and I've been following this because I'm
concerned, we had twenty-five black individuals come to an orientation class for policemen.
When they were told, we will hire you if you don't live in the City, but one month after you
become a police officer, you have to move into the City, of the twenty-five, only two remained.
We lost twenty-three good candidates. So we have tried. In fact, I will say this on the record. I
didn't mind the residency requirement, because I didn't want to hire people.
Vice Mayor Plummer: Mr. Manager...
Mr. Odio: So that was a damn good excuse to say, look, I'm sorry, you don't live in the City.
Vice Mayor Plummer: I had a candidate...
Mr. Odio: But there are some positions that are highly qualified, and inspector areas especially,
that if we don't fill it, we'll be in violation of State law.
Vice Mayor Plummer: I got a case the other day of a Latin young man, prime of his life, wanted
to become a fireman. He went down to City Personnel, asked about an application. They said,
"We won't give you an application. We'll only take your name, and we'll let you know when an
application is going to be ready." Now, this man is supposedly to sit back and do nothing until
the City puts it out. He couldn't even take out an application.
Mr. Odio: We don't have... Because we have classes.
Vice Mayor Plummer: But, wait a minute. You're telling me you can't get people.
Ms. Bellamy: No, we're not.
Mr. Odio: Yes, we can.
Ms. Bellamy: What we're saying is, Commissioner, we do take a... We do take their
information. We inform them as soon as we're recruiting, yes, and then they can come in and
165 Janury 12, 1995
fill an application. They may have more information to provide by the time we're recruiting.
We recruit every two years, and that's in accordance with the civil service rules.
Mayor Clark: All right.
Vice Mayor Plummer: One of these days...
Mayor Clark: Any further discussion from the Commission?
Commissioner De Yurre: Yes, Mr. Mayor.
Mayor Clark: All right.
Commissioner De Yurre: You know, we're trying to blame the problems of personnel just to
residency. And all I've been hearing for months, if not for well over a year, is there are a lot of
other problems that need to be dealt with. And, Angela, we spoke about it this morning. There's
a big problem with this body that has to go and approve people, and screening people, and this
and that, which delays it by months, the hiring of an individual. And that's something that...
Mr. Odio: Let me explain that. What you're talking about is promotions.
Commissioner De Yurre: Well, the promotions and everything else.
Mr. Odio: What we have done, that's separate from residency altogether...
Commissioner De Yurre: I know.
Mr. Odio: ... nobody can come in from the outside to a higher position the first... On promotion
areas, the first crack at a promotion is to City employees that are here in the work force. And
that is...
Commissioner Gort: I have no problem with that.
Mr. Odio: Yeah, it's drawn out, because we have to give an opportunity for City employees to
get promoted first. Then the people coming from the outside, which is where the residency...
come in at entry level.
Commissioner De Yurre: I have no problem with the requirements. My problem is with the
time factor. It takes forever to get somebody in. You talk to the... Quinn Jones has told me time
and time again that he's got problems hiring people because... It takes him a year to get a
secretary. A year to get a secretary. Mr. Jones, can you tell us what your situation is?
A. Quinn Jones, Esq. (City Attorney): Well, yeah. You know, one of the things that I, you
know, I kept saying is that, you know, legal secretary is a very special commodity and a special
need. And one of the biggest problems, notwithstanding the fact that there was the twenty-five
percent reduction some years ago, but the fact remains that by the time you recruit, and you're
limiting it to City of Miami residents, you can't find anybody, first of all, who's going to come
in at that salary; and secondly, who's a City of Miami resident. It took us approximately a year
to get two secretaries, and then we had to start the whole process all over again, because I had
two other vacancies. So effectively, it's taken us over two years to get four legal secretaries.
Mayor Clark: Let me make a suggestion.
Mr. Jones: And it's no... And I want to say this. I mean, Angela's department worked very,
very well with us, and she did everything she could to expedite the process, but it is a long,
166 Janury 12, 1995
drawn out process. You've got to go through the interviews, you've got to develop questions for
the interview and all, and it's, you know, it's no way to run a business, it really isn't.
Commissioner De Yurre: So I have no problem with the concept of working with residency and
limiting its effect on our hiring process, but I will do it when I see that other things that need to
be addressed are done at the same time. Residency is one of the problems. There are many
other problems, and let's deal with all of them together, and not just with residency.
Vice Mayor Plummer: Can I ask a question, Mr. Manager? Do we still use eighteen sworn
officers for background checks?
Mr. Odio: I don't know. I don't think so. I doubt it.
Major Martinez: Excuse me. I didn't hear the question.
Ms. Bellamy: How many officers do you have for background checks?
Vice Mayor Plummer: Do we still use eighteen sworn officers for background checks?
Major Martinez: We have twelve officers.
Vice Mayor Plummer: You're down to twelve.
Major Martinez: Yes, sir.
Vice Mayor Plummer: We're the only... We are the only municipality that uses police officers
for background checks. Dade County...
Mr. Odio: This office...
Vice Mayor Plummer: Excuse me. When I'm finished, I'll listen to you.
Mr. Odio: OK.
Vice Mayor Plummer: Dade County uses personnel, not sworn officers. They... To my
knowledge, of all of the ones that I've checked... And I don't think that would be lowering the
standards at all. We pay policemen to enforce the law, and I think that that, as I've said before...
And I'm glad to hear that they're down from eighteen to twelve, OK? And I hope the next time I
ask, they're down to six. But let me tell you something. You're talking about a lot of money.
You're talking about almost $800,000 worth of policemen.
Mayor Clark: All right.
Mr. Odio: Mr. Mayor, just to clarify the record, please, sir.
Vice Mayor Plummer: Please.
Mr. Odio: It sounds good. They have... They are police officers. They cannot perform regular
police officer's duty. They are light duty people. They're people that have been hurt, therefore,
they cannot go outside and perform police officer's duties, so we use them in background
checks.
Vice Mayor Plummer: That's why you have, you know... You want... Mr. Mayor, I'm not
going to take up your time today. Any time he wants to debate the issue, I'll debate it with the
167 Janury 12, 1995
public, who call pretty regularly, that they're unhappy at this particular point. You know, let's...
I don't want to go into that today.
Mayor Clark: Well, let's try something here.
Vice Mayor Plummer: Yeah, go ahead.
Mayor Clark: Let's see if we can't do this for a year and check it, then come back.
Vice Mayor Plummer: That's fine.
Mayor Clark: I'd like to move that the residency law be lifted for one year, and then it has to be
addressed by this Commission again in a year's time to see exactly what the outcome has been.
And insofar as talking about us living in the City of Miami, I can remember when Ferre was
here, hell, he lived on Key Biscayne for a year and a half.
Vice Mayor Plummer: And it wound up being a lawsuit.
Mayor Clark: Well, he didn't get thrown out of office for that. All right, I move it for a year and
a half. You got the floor, J.L. You got the podium.
Vice Mayor Plummer: All right, Mr. Mayor. That's your motion. Is there a second?
Commissioner Gort: I'll second.
Vice Mayor Plummer: Is there... May I ask sir, you're talking that it be instigated for a year and
a half, but that still City residents be given the first priority; is that correct?
Mayor Clark: Absolutely, without question.
Vice Mayor Plummer: OK. You didn't say that, so I'm just asking.
Mayor Clark: Without question. I did.
Vice Mayor Plummer: Is there any further discussion?
Commissioner Gort: Personnel department will prove that they will go the high schools and all
of the... Try to get the classes to get the people qualified for it.
Vice Mayor Plummer: OK.
Commissioner Gort: We got to help the people in the City of Miami.
Mayor Clark: First preference, City of Miami residents.
168 Janury 12, 1995
4�
Vice Mayor Plummer: Any further discussion? Hearing none, call the roll.
THEREUPON, ON MOTION DULY MADE BY MAYOR CLARK
AND SECONDED BY COMMISSIONER GORT, ITEM 13 FAILED
BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
ABSENT: None.
Mayor Clark: Next item. It failed.
Ms. Matty Hirai (City Clerk): It dies.
Commissioner De Yurre: I'd like to make a motion, Mr. Mayor.
Mayor Clark: Sir?
Commissioner De Yurre: Mr. Mayor, I'd like to make a motion, if I may.
Mayor Clark: Just before you do, I'd like to introduce someone that's a good friend of ours, is
doing an excellent job, defends us every day in Tallahassee, our newly appointed and now doing
a great job, Joe Garcia, who is the Public Service Commissioner. Joe, happy to have you down
here.
Vice Mayor Plummer: Oh, yeah.
Mayor Clark: Doing a great job.
Vice Mayor Plummer: Mr. Mayor, may I, if I may just...
Mayor Clark: No, Victor's got the floor. What is it, Victor?
Commissioner De Yurre: Well, I'd just like to make a motion to see, to help this process, is to
give them sixty days to come back with a package of improvements, including residency, if they
wish to revisit the issue.
Mr.Odio: Commissioner...
Vice Mayor Plummer: Oh, that's fine.
Mr. Odio: I cannot do that, because I would be telling you a lie. The labor management process
came up with a fair system of promotions to protect City employees from bringing turkeys from
the outside and getting ahead of them after they've been waiting for years to get a promotion. It
is very fair, it was approved by labor and management to make it into a very fair promotional
system. I don't want to give that up. I do not recommend that. So if we can only... That's fine.
We'll just have to do with what we have.
169 Janury 12, 1995
NOTE FOR THE RECORD: At this point, the City Commission
recognizes and compliments Joe Garcia, Public Service
Commissioner, Tallahassee, on his recent appointment.
----------------------------------------------------------------------------------------------------------------
57. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS
OF ALEX GORDON.
Vice Mayor Plummer: Mr. Mayor, I would like to make a motion before this Commission that
we express our condolences to the wife - excuse me - the husband of.. Ex -Commissioner Rose
Gordon's husband, Alex, passed away.
Mayor Clark: Yes.
Vice Mayor Plummer: I think it was yesterday, and unfortunately, none of us could attend the
funeral because it was at ten -thirty this morning. And I offer in a form of the normal resolution
to our very dear friend, Rose Gordon, the condolences of this Commission and of our City, on
behalf of the loss of her great husband, Alex.
Commissioner Dawkins: Second...
Mayor Clark: Seconded by every one. Unanimous vote.
Vice Mayor Plummer: And Madam Clerk, if you would, please, to have that ready, that this
Commission can make that presentation to her. Thank you, Mr. Mayor.
Mayor Clark: Thank you, sir.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-63
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO FORMER CITY OF MIAMI COMMISSIONER
ROSE GORDON AND OTHER MEMBERS OF THE FAMILY AND FRIENDS OF
ALEX GORDON UPON HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
.170 Janury 1-2, 1995
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: All right. What item now? We're going to 18, 19 or... Which one does he have
next, J.L?
Vice Mayor Plummer: Eighteen, 19 and 20, I think, are next, Mr. Mayor.
Mayor Clark: All right, 18...
Commissioner Dawkins: Eighteen, 19 and 20, Mr. Mayor, you weren't here.
Mayor Clark: No, sir.
Commissioner Dawkins: I think I asked that...
------------------------------------------------------ ---------------------------------------------------------
58. MAYOR CLARK ANNOUNCES FIRST PUBLIC MASS BY NEWLY -
APPOINTED ARCHBISHOP JOHN C. FAVALORA TO BE HELD AT
CONVENTION CENTER, ON JANUARY 13TH.
Mayor Clark: Someone asked the question, why did I have to leave the Commission meeting for
a couple of hours this morning. So that everyone, including the Miami Herald will know, again,
for the second time, tomorrow at seven o'clock, Archbishop Favalora is going to give the first
public mass over at the Convention Center where about twenty-five thousand people will attend.
They were asking questions, whether the parking lot down here, if it's not going to be used, can
they bring a bus up and bus people to the convention center. I was with them for about an hour.
And then I explained my absence. Thank you for inquiring.
Commissioner Gort: You were also asking for prayers in our behalf, right?
Mayor Clark: He said he'd pray for us tomorrow.
171 January 12, 1995
----------------------------------------------------
59.
----------- -------------------------------------------------
DISCUSS AND DEFER (TO FEBRUARY 9, 1995) CONSIDERATION
OF PROPOSED RESOLUTION TO AUTHORIZE ISSUANCE OF
REQUEST FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT
PROJECT (UDP) FOR:
(A)
DEVELOPMENT OF THE VIRGINIA KEY CAMPGROUND AND
ANCILLARY RECREATIONAL FACILITIES ON CITY -OWNED
WATERFRONT PROPERTY AT VIRGINIA KEY BEACH. (See label
25)
(B)
DEVELOPMENT OF THE MEGA YACHT MARINA AND
RELATED USES ON CITY -OWNED WATERFRONT PROPERTY
AT WATSON ISLAND. (See label 25)
(C)
DEVELOPMENT OF THE MIAMI MARINE STADIUM AND
RELATED MARINE AND RECREATIONAL USES ON CITY -
OWNED WATERFRONT PROPERTY AT 3601 RICKENBACKER
CAUSEWAY. (See label 25)
(D)
DISCUSS AND DEFER (TO FEBRUARY 9, 1995, TO BE TAKEN
TOGETHER WITH AGENDA ITEMS 18, 19 & 20)
CONSIDERATION OF PROPOSED RESOLUTION DECLARING
MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS BY
UNIFIED DEVELOPMENT PROJECT (UDP) -- AUTHORIZE
MANAGER TO PREPARE DRAFT REQUEST FOR PROPOSALS
(RFP) FOR UDP -- FOR DEVELOPMENT OF A SPECIALTY
BOTANICAL GARDEN ATTRACTION ON CITY -OWNED
WATERFRONT PROPERTY IN THE VICINITY OF THE JAPANESE
GARDEN AND MIAMI YACHT CLUB ON WATSON ISLAND.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, you weren't here, but I was given the RFPs on a short
notice, and I explained this morning, I had not had time to go through them. I had a lot of
questions. And in order to be fair to the Manager, I gave them to the Manager and asked him if
they could answer those at the next Commission meeting, and I ask that these three items be
deferred until the meeting in February, and then during that interim, I will get with the
Administration, to get all the answers to all the questions that I have. And since you weren't
here, we deferred, to wait till you...
Mayor Clark: Well, that's a fair request, if that's... And you're asking for a motion to defer until
that time.
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: No. Mr. Mayor, there was a motion to defer on the floor. I asked, as the
presiding chair, that we wait until you got here, to see if you had any input. We would then...
The motion to defer would be acted upon by this Commission.
Mayor Clark: Well, I believe it...
Vice Mayor Plummer: Let me, also, let me state for the record, Mr. Mayor, there, obviously,
somewhere, was a goof up in the advertising of the time for these matters. I've asked the Clerk
to look into it, and I asked these people. Some were told that this matter was supposed to be
heard at ten o'clock. They said they had a general announcement. Some said that this thing was
supposed to be handled at three o'clock. Some said an agenda at five o'clock. So I would like to
172 January 12, 1995
find out, you know, from the Clerk - not you, Mabel - that, where this matter was resolved, and
we will answer that when we come back after the item has been deferred, if that is the action of
this Commission today.
Mayor Clark: Well, we're not going to get any more discussion today.
Vice Mayor Plummer: I just wanted to inform you, Mr. Mayor.
Mayor Clark: We're going... There's a motion on the floor to defer.
Ms. Mabel Miller: Would you do...
Commissioner Gort: Mr. Mayor...
Ms. Miller: Would you do me the courtesy, please. We felt... We have young people from high
schools that have been here since nine o'clock this morning. They have facts to discuss with you
about Virginia Key. Would you do them the courtesy of hearing what they have to say?
They've studied the RFP. They may not be able to come back again.
Mayor Clark: Well, let me say this. If they can't be at the same hearing, I don't want to
entertain that information now to carry it over to another day. I think it would be... hurt them
and hurt the Commission, for their edification.
Ms. Miller: Well, we can edify the Commission now. We are prepared and...
Mayor Clark: If you do that, maybe we're going to have to do it for all three of them. Our
colleague has asked this to be deferred till he has a chance to study it, and out of deference to my
colleague, we have to go in that direction.
Ms. Miller: Well, we feel that that is...
Commissioner Gort: Mr. Mayor...
Ms. Miller: ... an ill conceived approach, and resent that, for the stake of these young citizens,
sir.
Mayor Clark: Yes, ma'am. I have... You've been before me many times when I served as
Mayor of the County.
Mr. Miller: That's true.
Mr. Clark: I always treated you very fairly, and we think this is a very fair treatment you're
receiving today. We're not...
Ms. Miller: I think it's extremely unfair.
Mayor Clark: Well, I'm sorry. That's the reason we have differences of opinion. There's a
motion to defer on the floor.
Vice Mayor Plummer: Well, now, Mr. Mayor, are...
Dr. Michael Spiegel: Can I speak? Can I speak for a minute? I'm a taxpayer. I've never
spoken to you before.
173 January 12, 1995
Vice Mayor Plummer: Mr. Mayor, can I ask...
Dr. Spiegel: Can I speak?
Vice Mayor Plummer: May I ask a question, sir?
Dr. Spiegel: I'll only take twenty seconds.
Vice Mayor Plummer: Are we speaking of deferring item 18, 19 and 20?
Mayor Clark: He asked that question. He...
Vice Mayor Plummer: I'm just wondering for the record. Thank you.
Mayor Clark: Yes, sir. Give us your name, please.
Dr. Spiegel: I'm Dr. Michael Spiegel. I'm a native, native born South Florida citizen, born here
in 1943. I've never spoken to you before. There's a lot of people here that are very concerned
about this. I know that you're going to not vote on it today, but you could certainly take a little
bit of testimony from the public as to what their concerns are, and keep it in mind, and then
when it comes up again, you'd have more food for thought. I think by denying this, you're
making it look as though you don't care about what a number of people have spent their time and
their effort to come down here and do. If you choose to do that, that's why I'm going to leave.
Mayor Clark: All right, fine. Thank you. Mr. Dawkins, it's up to you. And sir, I've been here
since 1923, OK? '43, I was in the second war in 1943, so don't tell me how long you've been
here.
Vice Mayor Plummer: I didn't get in this world until...
Ms. Lisa Chauveron: Excuse me, sir. Before you decide on the movement, I'd like you to know
what I think. As a voter, I have to tell you, I am appalled that there could even be a thought at
not hearing the voice of the citizens whom you represent. I think...
Vice Mayor Plummer: Your name and address for the record, please.
Ms. Chauveron: My name is Lisa Chauveron.
Mayor Clark: Where you live?
Vice Mayor Plummer: And your address?
Ms. Chauveron: I'm a resident of Miami.
Vice Mayor Plummer: Your address. By law, you have to to give it, ma'am.
Ms. Chauveron: 2380 Northeast 195 Street.
Vice Mayor Plummer: You do not live in the City of Miami. You are not a taxpayer in the City
of Miami. You...
Ms. Chauveron: Does that mean that my opinion is...
174 January 12, 1995
I
Vice Mayor Plummer: Ma'am, you have no right to tell us, the citizens of this City, how to run
our City.
Ms. Chauveron: But I can tell you, as a voter of this State.
Vice Mayor Plummer: Sure, you can tell me, and I'll listen, and I may or may not agree with
you. That's what I'm here for.
Ms. Chauveron: I think that you're going into this biasedly, and I think it's just terrible.
Mayor Clark: Thank you.
Ms. Chauveron: I think that... I think that... Fine, there's nothing wrong, and, in fact, I have to
tell you, I respect your decision immensely, for instead of making a quick judgment decision, for
wanting to take the time to go into things...
Vice Mayor Plummer: That's what we're doing.
Ms. Chauveron: ... to see all the sides of it. I think that's really incredible, and I have to tell
you, I think that's a good decision. But I have to let you know, especially the fact that you have
this preconceived notion that because I'm a youngster, and you roll your eyes at me and ignore
me.
Vice Mayor Plummer: Nobody has ever said that.
Commissioner Dawkins: You're being unfair to us.
G
Mayor Clark: Just a moment, please.
Commissioner Dawkins: You've being very unfair to us.
Mayor Clark: Mabel, I don't appreciate you...
Ms. Chauveron: No, I'm speaking exact...
Mayor Clark: Mabel...
Ms. Chauveron: I'm speaking to Mr. Plummer.
Mayor Clark: Please, please.
Ms. Chauveron: And I have to tell you.
Mayor Clark: Please, ma'am, please. Mabel, I don't appreciate you trying to storm these people
to get up and speak.
Commissioner Dawkins: Wait a minute. You know what?
Mayor Clark: Because we'll cancel this meeting right now.
Ms. Miller: You always say something like that, Mayor.
Ms. Chauveron: You know what?
175 January 12, 1995
i
Commissioner Dawkins. Mr. Mayor, Mr. Mayor, Mr. Mayor...
Ms. Miller: You always say something like that, and these people have their own youth
leadership, and you need to listen to them, and listen to them now.
Mayor Clark: I just saw you go over, trying to taunt them to come up and speak.
Commissioner Dawkins: OK. Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Look, young lady...
Ms. Chauveron: I'm not finished.
Commissioner Dawkins: You are finished.
Ms. Chauveron: I am not finished.
Commissioner Dawkins: Yes, you are.
Ms. Chauveron: Allow me to continue.
Commissioner Dawkins: No, ma'am. You... I listened to you.
Ms. Chauveron: Oh, I'd like to let you know...
Mayor Clark: Please, please.
Commissioner Dawkins: Cut the mike off.
Ms. Chauveron: There are many members of this community that are upset.
Vice Mayor Plummer: Cut it off.
Ms. Chauveron: (Speaking off mike.) And I think that you... That's OK, I don't need a mike. I
think that you should, as the Mayor, listen to what they have to say.
Mayor Clark: I'm not worried about you talking. This gentleman here wants to tell you
something, and you won't listen to him.
Ms. Chauveron: (Speaking off mike) I want to finish my sentence before he decides...
Mayor Clark: I think you're finished.
Vice Mayor Plummer: You're finished.
Mayor Clark: I think you're finished.
Ms. Miller: Ah! The police are here now. Keep going. Keep going.
Mayor Clark: Please. Mr. Dawkins.
Commissioner Dawkins: No. Let her talk. She is the one advising them. You go ahead. You
speak.
176 January 12, 1995
-1)
Ms. Chauveron: (Speaking off mike) She's not advising me. I speak with my own free will.
Commissioner Dawkins: You speak. You speak.
Ms. Miller: No. They have their youth adviser.
Commissioner Dawkins: You speak. You know...
Ms. Miller: I'll be glad to speak, after a while.
Commissioner Dawkins: I'll tell you what, Mr. Mayor. When we sit up here and we attempt to
serve the public - OK? - and we attempt to do what we figure we are elected to do...
Ms. Miller: Give us the time.
Commissioner Dawkins: ... then we get...
Ms. Miller: Give us the time.
Mayor Clark: Please, ma'am.
Ms. Miller: Give us the time, sir, that's all we're asking.
Commissioner Dawkins: You're out of order. You're out of order. OK? Number one. So
since they are determined that they are going to show us how to run this, I withdraw my request
to deny, defer these three RFPs, and I move here and now that the RFP be put out now for
consideration. I withdraw my request to defer the items, Mr. Mayor.
Mayor Clark: .All right. See what happens when you just play with fun... All right. We'll have
a vote on the three RFPs.
Commissioner Dawkins: All three of them. Put them out.
Mayor Clark: They've been advertised and heard this morning. Right?
Commissioner Dawkins: Yeah. We can have a public hearing now. Now, they can speak, but
we're going to put them out. We're going to put the RFPs out for development.
Mayor Clark: All right.
Commissioner Dawkins: They can speak.
Mayor Clark: All right. You want to speak?
Vice Mayor Plummer: Are you speaking... to what, now? Let's speak to 18. Which is 18?
Mayor Clark: You're leading them, ma'am? Why don't you have a seat, please, until we call
upon you.
Vice Mayor Plummer: Which is 18?
Commissioner Gort: Why don't we hear the vendors first, before we hear this item.
177 January 12, 1995
Mayor Clark: What's that?
Commissioner Gort: The vendors, let's get that out of the way.
Mayor Clark: All right.
Vice Mayor Plummer: Which one are we speaking to? Are we speaking to 18 first? Which is
18?
Ms. Miller: That's right, 18.
Vice Mayor Plummer: Virginia Key? I second the motion.
Mayor Clark: All right. It's a public hearing. People who want to speak on item 18, please
come up.
Commissioner Dawkins: Anybody want to speak on 18, come forward.
Vice Mayor Plummer: Sure, anybody who wants to speak can speak.
Mayor Clark: Two minutes. You get two minutes, each person.
Vice Mayor Plummer: As long as they're not repetitious.
Mayor Clark: Two minutes, and we'll hold...
Mr. Michael Wendschuh: My name is Michael Wendschuh.
Mayor Clark: Give us your address.
Mr. Wendschuh: Address,10700 Southwest 98 Court.
Mayor Clark: Yes, sir.
Mr. Wendschuh: What we have here today is a bunch of concerned citizens. I guess you can see
by the outburst that just happened that these citizens are extremely concerned about what's
happening. Whether or not they all reside in the City district of Miami is... may not... may or
may not be the truth. Every citizen that is here, however, is going to be affected by the decisions
that are going to be passed today by issuing this RFP, whether or not they live in the City of
Miami, so their views are valid, in my opinion.
Mayor Clark: All right. All right, sir. Thank you.
Mr. Wendschuh: OK. And the next thing I'd like to say, since my two minutes isn't up, is that
we, as the Friends of Virginia Key, have been working as hard as we can with these people, with
suggest... coming up with suggestions for this RFP. And now, as it comes to... comes time to be
voted on, we find that it's still lacking in a lot of areas, and that's what we've come here to
discuss. These are concerned students. We'd appreciate you spending your time to hear them.
Thank you.
Mayor Clark: Thank you. Give us your full address and your name.
Mr. Jordan Leonard: Yes. My name is Jordan Leonard. I live at 7430 Gary Avenue, Miami
Beach, Florida. I'm not a citizen of the City of Miami, but it does affect me. I do spend time on
178 January 12, 1995
Virginia Key. I've been active in the cause for about a year now. I'd like to say, first of all, I
know we're all upset now, but just put aside that... Look at what we have here. We have an
opportunity, a large piece of land that it's open, it's a place where people can go. It's an
innocence, in a way, it really is. And I'm sure that everyone here has good intentions for this
piece of land. I know I do, and I know Mr. Plummer does, I know Mr. Dawkins does, and I bet
you do, too, Mr. Mayor. But we have to look at that, if we develop on this land, that there will
come a time that we just won't have the land anymore. It won't be free, and it won't be natural.
We're going to turn it into a theme park of a type at Disney Land, and what it's going to turn out
to be is that we're not going to... I'm not going to show my children, and I'm not going to get to
take them out and show them the type of area that you lived in, in those times. It's... We're
becoming a modernization that it's not right. We have to have some place to go, to show our
kids, to say, this is why we fight for our country, this is why we pay our taxes, to have this refuge
to go on the weekends. And if you bring in the RVs (recreational vehicles), and you modernize,
and you bring in the restaurants, we won't have it anymore. That's merely all I have to say.
Mayor Clark: Thank you, sir.
Mr. Leonard: Thank you.
Mayor Clark: Next person.
Commissioner De Yurre: Mr. Mayor, if I could ask a question.
Mayor Clark: Yes.
Commissioner De Yurre: From the group. Do you have like a president or something that
speaks on behalf of all of you, so I can just ask him a couple of questions?
Unidentified Speaker: No, we wanted...
Commissioner De Yurre: Each one. OK. Then let me ask as a whole. How often do you guys
go to Virginia Key?
The Audience: Very often. Every day.
Commissioner De Yurre: Well, tell me.
Vice Mayor Plummer: They go to school over there.
The Audience: Every day.
Commissioner De Yurre: Every day you go.
Mr. Forrest Simon-Darias: We go five days a week.
Mayor Clark: All right. Mr. Dawkins. Please, just a minute. Mr. Dawkins.
Vice Mayor Plummer: I think most of them go to school over there, Victor.
Commissioner Dawkins: Wait. Commissioner De Yurre isn't finished.
Mayor Clark: All right. Are you finished?
Commissioner De Yurre: How many students go there? How many? Just give me a...
179 January 12, 1995
Mr. Simon-Darias: Four hundred and forty students.
Commissioner De Yurre: How much?
Mr. Simon-Darias: Four hundred and forty.
Commissioner De Yurre: OK. And this is the first time you've come to the City Hall to talk
about Virginia Key.
Vice Mayor Plummer: That's right.
Mr. Simon-Darias: Yes, sir.
Commissioner De Yurre: Hello? Right? You've never been here before to talk about... telling
us you're friends of Virginia Key. You've never come here before.
Vice Mayor Plummer: That's right.
Mayor Clark: What part of Virginia Key do you go to?
Vice Mayor Plummer: They go to the MAST (Maritime and Science Technology High School)
Academy.
Mayor Clark: MAST Academy?
Vice Mayor Plummer: That's it. The rest of it's locked, Mr. Mayor.
Mr. Leonard: No, no, that's not true. No. There are certain portions that...
Mayor Clark: What part of Virginia Key do you patronize?
Vice Mayor Plummer: The school.
Mr. Leonard: The beach area. The area that's in question.
Mayor Clark: All along Rickenbacker Causeway?
Mr. Leonard: No, no, no. Virginia Key, the area on the park area. When you go in on... If you
want, I'll show you a map.
Mayor Clark: I know very well.
Vice Mayor Plummer: Mr. Mayor.
Mr. Leonard: OK. Well, when you go in...
Mayor Clark: Do you pay $2 to go in there?
Mr. Simon-Darias: Across from the Seaquarium.
Mr. Leonard: Yeah, exactly.
180 January 12, 1995
Vice Mayor Plummer: The problem is, that he's not bringing out, is that that is locked every
day, and it is used primarily for survival city... of the training of the Miami Police Department.
It is behind locked gates. They can't go there every day, because if they do, they're trespassing.
Mayor Clark: I know it. That's right. Mr. Dawkins.
Commissioner Dawkins: Mr. Mayor...
Mr. Leonard: No, no, that's a parking lot.
Commissioner Dawkins: First, I'd like to say...
�I Vice Mayor Plummer: Isn't that locked every day?
Commissioner Dawkins: ... to the young people...
Vice Mayor Plummer: Yeah, it's supposed to be.
Commissioner Dawkins: ... I'm happy to see you here. I'm happy to see you involved, but I'm a
little disturbed at the people who are guiding you.
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Very disturbed.
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: OK? Now, there is a right way and a wrong way to do everything.
Those of you who came to see me, I explained to you, when I was elected in 1981, I was elected
with the theme, not to build anything on Watson Island. I have held to that conviction. Why? I
want your children and your grandchildren to know what open space looks like. The only way
we're going to have open space is maintain it. Now, I do not know what's in the RFP. I don't
know how much open space they're going to preserve, if any. I asked that this be deferred, and
come back at the next meeting. Now, you said, according to you, you have reviewed this RFP,
you understand it, you're ready to defeat it. But that just gives you another month to go back
and study it some more. But rather than do that, your advisor advised you to get up here and try
to browbeat, and force the Commission to do something that you wanted to do, instead of saying
collectively, let's sit down, and you show me, Commissioner, what you have, and we'll show
each Commissioner. You can come to see each Commissioner, and discuss this with them, and
then vent your emotions. The little lady stands up here and says that we have preconceived what
she is. Nobody... We don't even know her. How can we preconceive anything about this young
lady? But yet and still, she says that to us in a fit of anger, or because somebody, her advisors,
told her to say it, or why ever she said it. OK?
Ms. Chauveron: No, wait, wait.
Commissioner Dawkins: Now, wait a minute, I'm going to let you talk. OK? So therefore, you
forced me to vote for something I don't want. Why? Because you refuse to give me the
courtesy of allowing that courtesy that's extended to me by my four Commissioners. They did
not have to let me defer this, to go back and study it to be sure I know what's in it. They could
have said, no, Miller, we're going to vote on it. My Commissioners extended a courtesy to me
that you don't want to give to me. But, yet, you want me to vote for what you want, because you
think it's right. Let's learn how the system works, and let's work within the system. OK? You
are our future. OK? You are the ones who are going to have to preserve what little resources we
181 January 12, 1995
got left. But do it orderly, and do it in a manner where it's constructive. And I think by working
constructively, you can get it done. And I'll listen to anybody. Thank you, Mr. Mayor.
Mr. Paul Chase: I only have really one thing to say. I've been at school all day fighting with a
principal.
Mayor Clark: Sir, give us your name and your address.
Mr. Chase: My name is Paul Chase, 8961 Southwest 197th Terrace.
Mayor Clark: All right.
Mr. Chase: And I go to school at the MAST Academy.
Mayor Clark: Yeah.
Mr. Chase: And today, I spent all day at school fighting for these kids to stay down here to voice
their opinion. It's not going to happen again.
Commissioner Dawkins: All right. If I were to tell you... Wait a minute. If I were to tell you
that this Commission will call Visiedo and tell the Superintendent... The Mayor would take it
upon himself and tell him the situation, and tell him that the School Board - see, this is why I say
if we work together, we don't have a problem - must declare a day... a field trip and give you
youngsters an excuse from your classes, and provide a bus to bring you down here, because this
is a learning experience, the Superintendent wouldn't dare say no to the Mayor. But we're not
trying to work together. We're coming out here trying to push each other around. Go ahead.
I'm sorry. I won't cut you off again, sir.
Commissioner Gort: Mr. Mayor, let...
Mr. Chase: We're not representing the school, though. We're as individuals.
Commissioner Gort: Excuse me, sir. Sir...
Mr. Chase: Yes.
Commissioner Gort: Sir, let me explain something, which is very important to understand.
Mr. Chase: Yes.
Commissioner Gort: You can speak here today, and that's great. But you know what happens?
If you're not here next time, what you have said here could have been forgotten by then. You'd
make a better impression the day we're going to make the vote on it. That's when you make the
impression. That's when you want to make your statement. The date that we vote on it...
Mr. Chase: But if we can't come the other day, then we can't make any kind of impression at
all.
Commissioner Gort: Hey, hey, hey, you're going to speak now, hey, I don't have any problem.
You're going to speak now, and we're going to vote on it, but I just want you to know how your
system works. You're not being efficient now. You'd be efficient if you'd be here the day
we're going to vote on it. That's all.
Mr. Chase: It's better to be here now and voice our opinion of what we have...
182 January 12, 1995
Mayor Clark: All right. You have the chance.
Mr. Chase: ... than not to be here the next time.
Mayor Clark: Go ahead. You've made your statement.
Vice Mayor Plummer: There's a motion on the floor, and a second.
Mayor Clark: Thank you, sir.
Commissioner Dawkins: But you're going to see a...
Mayor Clark: Relax, relax, relax.
Commissioner Dawkins: You're going to see it pass after you make your presentation.
Mayor Clark: Relax. Could somebody tell me what is the criteria to get in the MAST
Academy?
Unidentified Speaker: Excuse me?
Vice Mayor Plummer: It's a lottery system.
Unidentified Speaker: The disclaimer.
Mr. Wendschuh: Mike Wendschuh again. Listen, this has to be said now. This is extremely
important. The students who are here today are not here with the permission of our school. We
are here against the permission of our school. We are not here to cause trouble.
Mayor Clark: Sir, I didn't ask you that question. I asked you, sir, what is the criteria for a
student to be admitted to the MAST Academy?
Mr. Wendschuh: I don't see how that's relevant.
Mayor Clark: For my own edification...
Unidentified Speaker: What is this?
Mayor Clark: What? Are you ashamed of your position or what? Should be proud of what
you're doing there at MAST Academy. How do you get in?
Unidentified Speaker: You have to apply.
Mayor Clark: Have to apply. Do you have to have certain grades or something like that?
Mr. Wendschuh: Yes, that's right.
Mayor Clark: All right. That's fine. Now you've told me something.
Vice Mayor Plummer: And it's a lottery system.
Commissioner Dawkins: May I ask you... I hate to cut you off. May I ask you a question?
183 January 12, 1995
Mr. Wendschuh: OK, yeah.
Commissioner Dawkins: Why would your school - and I'm asking for information, because I
plan to follow it up - why would your school not be in favor of you, as young Americans,
coming down, exercising that right which is rightfully yours to state your position on the issue?
Why would the school be against that?
Unidentified Speaker: You need to ask them.
Mr. Wendschuh: What I'm saying to you is the reason the school is against it is because we did
not have the proper time to fill out the proper forms in the allotted amount of time. Therefore,
we had to leave the school on our own account, without having a proper field trip approved,
since it was not given enough time. We heard that the time of this meeting was changed until
five o'clock, when Mr. Luft spoke at the MAST Academy on Monday night. After that, we
decided that we didn't need to get a field trip, so we withdrew our field trip form. After we
discovered that that actually was not true, and we had to be here at ten o'clock today, we rushed
like crazy to get a field trip for these students to come out here and say what was intelligent to
prevent the issuance of this RFP with these conditions.
Mayor Clark: All right.
Mr. Wendschuh: Now we are here, but our school did not want us here, because we did the
improper thing.
Mayor Clark: All right. Let's hear from the audience. Thank you, sir, for that information.
Vice Mayor Plummer: Mr. Luft, were you the one that told them five o'clock?
Mr. Jack Luft: I told them that Mabel Miller had asked for this item to be scheduled at five
o'clock.
Vice Mayor Plummer: Yes, sir... Yes, sir...
Mr. Luft: I told them that I thought it might be, but I couldn't confirm it. Now, let me finish.
Let me finish.
Vice Mayor Plummer: OK. Well, OK. You know. Now we're finding... We're finding out
where the problem... I just wanted to know.
Mayor Clark: All right. Now you're...
Mr. Luft: It was Mabel Miller's decision to have it at ten o'clock.
Vice Mayor Plummer: Well, I just...
Commissioner Dawkins: Defer the whole thing, Steve. See if you can defer it.
Mayor Clark: What?
Commissioner Dawkins: See if you can defer it.
Mayor Clark: I'm trying.
Vice Mayor Plummer: Excuse me. Just for the record, I want it to be shown, I have been
furnished by the Clerk's office the advertisements as they appeared in the Miami Herald.
184 January 12, 1995
Mr. Luft: Yes.
Vice Mayor Plummer: Here's copies of the Miami Herald where they appeared, that this was
scheduled for ten o'clock.
Mr. Luft: Yes.
Vice Mayor Plummer: It was only deferred at ten o'clock as a courtesy to the Mayor. At no
time was there ever any discussion in front of this governing body to say five o'clock. So
whoever made that statement, that person has to apologize, not this Commission. Thank you.
Mayor Clark: All right.
Mr. Luft: Mr. Mayor.
Mayor Clark: Let's hear from some more. We're not getting anywhere doing this. You want to
say something special that you want us to remember?
Mr. Pedro Jimenez: Pedro Jimenez, 934 Southwest 8th Court. I just don't... First, I have a
question. I don't understand your procedure. So you can still defer this or no, or now you can't
at all?
Mayor Clark: No. We're listening to you now.
Mr. Jimenez: OK, because I just... I'm honestly distressed that our Commissioner, he just gets
frustrated, and turns... Even though he knows he has no idea what's on... what he's going to talk
about, what's going to be discussed, he still all of a sudden turns his decision because he gets
frustrated, and it disturbs me.
Mayor Clark: Who is that?
Mr. Jimenez: Our Commissioner, Mr. Dawkins.
Commissioner Dawkins: Say what now?
Mayor Clark: He didn't become frustrated.
Mr. Jimenez: First, you said... First, you wanted to defer it, but then you brought it out.
Commissioner Dawkins: Yes, uh-huh.
Mr. Jimenez: OK. But why was it that you did that?
Commissioner Dawkins: Because I wanted time to hear it, and study it.
Mr. Jimenez: Right. But why did you change your decision?
Commissioner Dawkins: Because you...
Mayor Clark: Because you're trying to...
Commissioner Dawkins: Because you decided you were going to force me to do what you
wanted to do.
185 January 12, 1995
,.:.,:1N
Mr. Jimenez: No. We just wanted to express our opinions on something else.
Commissioner Dawkins: But I was telling you we were going to delay it and express it at the
next meeting. And then the lady got... Well, hey, nothing. I don't know.
Mr. Jimemez: But no, man, that's not their problem.
Mayor Clark: All right, fine, sir.
Commissioner Dawkins: Fine. OK.
Mr. Cesar Odio (City Manager): Mr. Mayor, Mr. Mayor.
Mr. Jimenez: OK. And my second point is that, we're not here... I just want to clear up that
we're not here as a group or anything like that. We're here as a group on one side, but not as a
group as we share the same ideas.
Mayor Clark: All right.
Mr. Jimenez: We're all individuals. We don't follow anybody. Nobody tells us what to do. We
don't come up here and talk because somebody tells us, come up here and say this. We come up
here because we feel something, and we all are here to discuss something.
Mayor Clark: That's very justifiable. We appreciate your being here.
Mr. Jimenez: And we just want you to hear us out, and that's all.
Mayor Clark: Thank you.
Mr. Odio: Mr. Mayor, Mr. Mayor, may I, sir? Maybe we can satisfy a lot of questions, if you'd
let us put on the record in a summarized way what is included in the RFP, because I heard
"theme park" mentioned. There is no theme park.
Vice Mayor Plummer: There's no theme park at all.
Mr. Odio: So maybe if we say... Wait a minute, guys. Let me put on the record what is in here,
and then judge it by that, and not by what somebody said or may not have said.
Mayor Clark: Well, you know where it's coming from.
Commissioner Dawkins: Well, you see, Mr. Manager... Mr. Manager, that's why I asked...
Vice Mayor Plummer: That it be deferred.
Commissioner Dawkins: ... that it be deferred until all of us have had an opportunity to review
the RFP...
Mr. Odio: I have no problem with that, but...
Commissioner Dawkins: ... because it's a thick document, and you know yourself, Mr. Manager,
revisions have been made daily, trying to bring it up so that we would not have any legal
problems. So nobody has had a chance to review this entire document.
186 January 12, 1995
Vice Mayor Plummer: And for the record, Mr. Mayor, I had many changes that I wanted to
make to the RFP myself.
Commissioner Dawkins: Of course. But it's never been.
Vice Mayor Plummer: I'm not happy with what is there.
Commissioner Dawkins: None of us are.
Vice Mayor Plummer: Let me tell you, this project started out as a very simple RV (recreational
vehicle) park in the eighty acres. Now, how, as I asked Mr. Luft yesterday, it suddenly
blossomed out to a hundred and sixty acres, with this kind of a thing and that kind of a thing, is
not what this Commissioner had in mind from the inception. The inception was, there was
eighty-eight acres on Virginia Key that was not being used in any way, except for a police
teaching facility; that that could be bringing in revenue; it could accommodate people who
wanted to have a place to be, and that's all that it was. And that's what I want to vote on when
this matter comes today, next month, or the month after; not all of these other frills that
somebody thinks that maybe would be a great idea.
Mayor Clark: Or maybe somebody trying...
Vice Mayor Plummer: And I just want to say one thing in collusion... in conclusion.
Commissioner Dawkins: In conclusion.
Vice Mayor Plummer: My Polydent is slipping. I want to just remind all of the young people
from the MAST Academy, where your school is today, had this Commission not given that piece
of property...
Mayor Clark: That's right.
Vice Mayor Plummer: ... to the School System...
Mayor Clark: You wouldn't be there.
Vice Mayor Plummer: ... you would not be in that facility on Rickenbacker, because that
property was given by the City of Miami so that you all could have a school to go to on that
property, and that's what I want you to know.
Mayor Clark: All right.
Mr. Javier Sardinas: Sir, my name is Javier Sardinas. My address is 151 Crandon Boulevard.
That is on Key Biscayne. OK. I'd like to say first of all that we're not representing MAST
Academy. A lot of us do go to MAST Academy, and that is why we've become informed of
the... such things that are happening on Virginia Key. First of all, I'd like to say, Commissioner
Dawkins, I think it's a very good idea that you were going to read up on the issues before you
make a decision without knowing all the facts. My point was to come here and say a few facts,
just in case, so you can keep in consideration, and so you can know... so you can know that it is
very important for a lot of us. And I just wanted to express that it's very important for me,
because I see that there is a lot of overdevelopment in Miami, and I'd like to keep it was a
reservation area, just so that people can go there, and it's public access to people, instead of
making it an overdeveloped... overdeveloping it, just like many other places have been.
Mayor Clark: Thank you, sir.
187 January 12, 1995
Mr. Sardinas: Is my two minutes up? Because I'd like to say...
Mayor Clark: Yes, it is.
Mr. Sardinas: It is?
Mayor Clark: There's a lot of people behind you. Let these other people...
Mr. Sardinas: Was that two minutes? Because I didn't...
Mayor Clark: I think you've expressed yourself very well, and what you're going to say now,
we might forget by the next meeting, so give yourself a chance. Talk to Miller. Let this
gentleman. He's been standing up here chomping at the bit. Right here, this gentleman. Well,
go ahead. Well, are you afraid or what?
Mr. Scott Kegley: No.
Mayor Clark: Give us your name and address.
Mr. Kegley: My name is Scott Kegley. I live at 7700 Southwest 50th Court, and I just, you
know, I want to thank you for at least listening to us. I wanted to state that, you know, I'm not
going to tell you what, you know, you're going to find out by reading and whatever, but the next
meeting, I want you to just remember that I go to MAST Academy, and we use that land, you
know, sometimes, you know, for marine biology classes, and we look at it as a natural resource.
It's been there for many, many years, and I would like to see it there for many more years.
Mayor Clark: All right.
Mr. Kegley: If you see, like if we decide to put a camp site there, that's fine. I mean, they'll
probably keep it nice. But, I mean, would you like to go to a natural resource where you find out
that there's been a big camp site put there? Even though they might have not have torn out a lot
of the things, I personally don't like that. And I find that I would like to leave stuff that's a
natural resource, such a beautiful area like that, just left alone. I mean, it... Why do we have to...
Why do we have to go and commercialize everything? I mean, we've got such little land now.
Mayor Clark: All right, sir. Thank you for your comment. This gentleman right behind you.
Yes, sir.
Mr. Forrest Simon-Darias: My name is Forrest Simon-Darias. My address is 10806 Southwest
69th Terrace. It's been brought to my attention that sixteen acres of the land that's proposed is...
has been declared, and I quote, "quality hammocks." According to DERM (Department of
Environmental Resource Management), the whole island contains hammocks, which include
Australian pine hammocks, which were not recognized by the RFP. Some of the hammocks
which were not recognized by RFP have much greater environmental importance than others
there.
Mayor Clark: Now, wait a minute. We got a meeting going on here, fellows. It's over here.
It's with this gentleman.
Mr. Simon-Darias: For this reason, I ask you what... There aren't definite plans of which
campgrounds will go where. I ask you, how am I going to know that the campgrounds won't be
placed on special hammocks?
188 January 12, 1995
Mayor Clark: What will happen, the day of the meeting, it will all be explained by this side.
You will know all the information that we will know at that time, and that's going to be
explained to you, and to us, also. OK?
Mr. Simon-Darias: And... I'm not done. This gentleman over here asked, or somebody
mentioned that the water parks, we just... it's rumor, that's not true. On page twenty-three of the
RFP, number one, it says: "Proposals may include as an optional auxiliary use fresh water
recreational pools and/or water park, which shall not exceed ten acres in size."
Mayor Clark: Sir, that's only a presentation by them. That's not going to be accepted by the
Commission.
Vice Mayor Plummer: I said before, and I'll say again...
Mayor Clark: Yes.
Vice Mayor Plummer: ... I will not vote for that. That was never, ever in the idea that I had.
Mayor Clark: Sometimes the planners get a lot of dreams that never come true.
Vice Mayor Plummer: So I won't vote for that, just so you know.
Mr. Simon-Darias: I was just bringing to your attention that you said we just got it, and it says it
here.
Vice Mayor Plummer: Hey.
Commissioner Dawkins: I haven't had the time even to read that far.
Mr. Simon-Darias: Oh, I understand.
Vice Mayor Plummer: That's why you're jumping the gun.
Commissioner Dawkins: See, and that's my concern, see. See, you... I can't discuss that with
you, because I haven't read it. Now, I'm like you. I'm not for that. I wouldn't vote for that,
see? But I have to vote for it now, because we're going to pass the... We're going to put it out.
Mr. Simon-Darias: Right. I was just making my point, that it was listed.
Commissioner Dawkins: Well, good. I mean it's wonderful. OK?
Mayor Clark: You made it.
Mr. Simon-Darias: Thank you.
Mayor Clark: Thank you, sir. Yes, ma'am.
Ms. Roxana Gonzalez: Yes. My name is Roxana Gonzalez. I live at 13071 Southwest 80th
Street. I do not live in Miami. I live in Unincorporated Dade.
Commissioner Dawkins: That's quite all right.
Ms. Gonzalez: But I do not attend MAST Academy, but I have seen the issue, and I know what
is being stated, and I want to, as an individual here, I want to say what I want to say. Nowhere in
189 January 12, 1995
the RFP does it state exact and explicit details of where the trailer parks, the water theme park or
any areas will be built on the key. Because of this, there has not been an assessment of the
environmental impact on the key which will be brought about by this construction. If the RFP
plan is to be issued and the citizens are to be informed, there must be a more detailed
environmental study about the effects of each type of camp site, and a map must be drawn to be
sent to developers in the RFP plan. Since a representative of DERM, the Environmental
Resources Management could not be here, they sent a letter to convey the facts of why this plan
should be revoked. Point one, the endangered species issue. The Norris Cut area and the area
immediately west of Virginia Key is an extremely important habitat for the endangered West
Indian manatee, and large portions are designated as no entry zone. As such, it is not
recommended for any marine construction or construction of any vessel docking or launching
facilities in this area or at locations that could cause additional vessel traffic through these areas.
Sandy beach areas along northern eastern Virginia Key are nesting habitat for endangered sea
turtles. Any construction will cause damage of that area. And point two, as you are aware,
Virginia Key contains one of the last remaining maritime hammocks on the sandy Barrier Island
of Dade County. That is a rare natural resource that we, as Miami, have, and we are going to
lose that if this plan comes into effect. Further, we believe that camp site or water theme park
development in the hammock areas directly conflict with the proposed State -funded hammock
restoration project that will be initiated early this year. And that's all I have to say. I think that...
Mayor Clark: Thank you very much.
Ms. Gonzalez: Thank you.
Vice Mayor Plummer: Ma'am, just... Mr. Mayor, I gave her... I gave the gentleman a copy of
the map, which will show her, and answer the questions that she has.
Mayor Clark: All right. Your name and address.
Ms. Kristy Phillips: Kristy Phillips, 18991 Southwest 248th Street. I'm not a resident of Miami.
Hey, if Virginia Key... I have some questions that I'd like to ask you first. If Virginia Key was
industrialized, what would happen to the environment? What would happen to the birds that
flock there to escape the human world? Would they be turned into human pets, begging for food
and not living their normal lives? What about the plants that inhabit Virginia Key? And while
you're at it, think about the ocean. I know, I live in Homestead. I have seen what has happened.
They are building the race car track down there, as you all know, and while doing this, they built
it right on the edge of the Everglades. There are so many birds leaving. I have been down there.
I volunteer at Biscayne National Park, and I have seen the difference in the changes of animals.
There are hardly any species of anything left. They have all flocked to different refuges, and
there's not much refuge left for any of our animals anymore, or plants, or anything, because
we're causing everything to go extinct. Taking a piece of Virginia Key would be like blowing
up twenty major cities in the United States at once without any warning. It would create a big
gap in the great circle of life, you know. It would lead to more suffering from mother nature.
The earth is in pretty bad shape right now, and as I see it, we have preserved the sanctuary for a
while now, and I think we should continue preserving it, because we want our children to be able
to come back and see a place that has not been yet disturbed by man.
Mayor Clark: All right.
Ms. Phillips: Thank you.
Mayor Clark: Thank you, ma'am. Yes.
Ms. Wendy Teas: Hi. My name is Wendy Teas. I live at 210 Southwest 11th Street. I am a
citizen of the City of Miami, and I am employed on Virginia Key as a marine turtle researcher. I
190 January 12, 1995
am opposed to development as proposed on Virginia Key. This area is more valuable to the
citizens of the City of Miami as a unique natural resource, to be utilized and enjoyed by all of the
citizens, as opposed to being developed and destroyed for the monetary benefit of a few private
developers. I encourage you to look beyond the short-term monetary gains on this issue, and to
preserve this unique waterfront resource in its undeveloped state for the citizens of Miami.
Thank you.
Mayor Clark: Thank you, ma'am. Yes, sir.
Mr. Titus Woodham: Mayor Clark, you've been speaking of another meeting, and you said it
hasn't been deferred and another meeting hasn't been published yet, so...
Vice Mayor Plummer: Your name and address for the record, please.
Mr. Woodham: My name is Titus Woodham. My address is 17021 Southwest 87th Court. I'm
a citizen of Miami, Florida. You deferred it earlier. I mean... All right. The meeting, you
said...
Mayor Clark: Who is the lady behind you? Does she want to speak with you?
Ms. Melissa Baum: I have a quick question, actually.
Mayor Clark: What is your name and address?
Ms. Baum: Melissa Baum. My address is 5451 Southwest 62nd Avenue.
Mayor Clark: Yes.
Ms. Baum: I understand that Commissioner Dawkins has not read the RFP. Has any other...
Mayor Clark: You just now found that out?
Ms. Baum: No. We understand that. We know this.
Mayor Clark: Well, I hope so. My God!
Ms. Baum: We would like to know if any other of you, the Commission...
Mayor Clark: I don't think any of us have read it yet.
Ms. Baum: None of you have read it.
Mayor Clark: No.
Vice Mayor Plummer: Whoa, whoa, whoa! I have read the RFP, Mr. Mayor.
Mayor Clark: You didn't read this one.
Vice Mayor Plummer: I read the one that I had before me, and that's why I said and made the
statements I have about what points in there that I am opposed to already. I met with staff
yesterday on the R... Was it yesterday, Jack?
Mr. Luft: Day before yesterday.
191 January 12, 1995
Vice Mayor Plummer: Or day before yesterday. I met with staff and spent time with them going
over the RFP, so, yes, I did.
Mayor Clark: All right. Now, what else do you want to know?
Commissioner Gort: Mr. Mayor, to answer, I think it's very important for them to understand,
also, we do do our homework. We... I went through these three. I also got some outside
attorney, a friend of mine, pro bono, to go through it, and I got other questions to it.
Ms. Baum: OK.
Commissioner Gort: So you will know, we do our homework.
Mayor Clark: What else do you have?
Mr. Woodham: Well, we do have something valid to say about Virginia Key, but if you haven't
read the RFPs...
Mayor Clark: Well, if you want to, if you want to say it now, you say it now. But next time,
you'll be reserved from that.
Mr. Woodham: I don't understand. What is...
Commissioner Dawkins: Pull the mike to you, sir.
Mr. Woodham: When is the next time?
Mayor Clark: It will be on February... What is the next date?
Commissioner Plummer: February 9th.
Mayor Clark: February the 9th.
Mr. Woodham: And when was this declared, that there will be a next meeting concerning this
RFP?
Mayor Clark: We declared it today. We declared the next meeting would be on February the
9th. That's our business, and it will be heard at the next hearing, and that...
Mr. Woodham: Was that a result of you deferring it earlier?
Mayor Clark: Sir?
Mr. Woodham: Was that a result...
Mayor Clark: We don't have a meeting before that, no. All right, please. Let... One at a time.
Commissioner Gort: Look, let me give you a little advice. I don't know who advises you all,
but one of the things you have to learn, just like you do in school, you have to learn what the
procedures are. See, this is not a final decision here. And the reason it was deferred is to give
the courtesy to one of the Commissioners that wanted to have more questions answered, and
have more input before he makes a decision. When we make a decision to go ahead and have an
RFP, it doesn't have to mean it's going to be accepted that way. We can change it to whatever
{ we think it should be changed. At the same time, when the request comes back... Are you going
to let her listen, or are you going to talk her?
192 January 12, 1995
Ms. Baum: No, I'm listening to you.
Commissioner Gort: No, no, but...
Mayor Clark: All right. Please.
Commissioner Gort: Never mine. Forget it.
Vice Mayor Dawkins: What we are saying is... What we are saying to you is, if this RFP is put
out, and the people respond to the RFP, and then I feel like you, that there should not be a theme
park, OK, I'm at a disadvantage, because I allowed the RFP to go out with that request in it for
the theme park. And the individual who spent money to prepare a response to the RFP is acting
on the RFP that was put out. So three members of this Commission are going to tell me, well,
Miller, you should have spoken up prior to our putting the RFP out.
Mayor Clark: And he has.
Vice Mayor Dawkins: So that the individual would have known not to bid... that you were not
going to vote on a theme park at all in that area. But nobody would allow me the time to look at
it, as J.L. Plummer has looked at it. See, he's an undertaker. He has all the time in the world he
needs to stay and study these things. OK? So he has read it, see. So he knows, but I have not
read it.
Mayor Clark: Now, let me tell you what you are doing here, now. You are just taking a lot of
time with a lot of people here, and they are going to take it out on somebody sometime. I
suggest that we have given you enough information, that you've expressed enough views. The
gentleman behind has spoken four times already. We'd like to get on with the rest of our
meeting, so can we get on with the rest of our meeting?
Ms. Baum: Yes.
Vice Mayor Dawkins: And I would like, Mr. Mayor...
Commissioner Plummer: Are we going to defer this or not, because...
Mayor Clark: Well, I was...
Vice Mayor Dawkins: I would like, Mr. Mayor...
Commissioner Plummer: The motion on the floor now is to approve.
Vice Mayor Dawkins: Mm-hmm. Well, I would like to have the names of each of these
individuals, and either you or me take it upon ourselves to write to the Superintendent, and have
the Superintendent declare them the courtesy of coming here and watching us in the procedure of
doing this, and see how it is done, and let that be a learning experience for them in their schools.
And they can take it back and know if that's agreeable.
Mayor Clark: How many... how many more people want to speak here? Two more people, two
more. Wait a minute.
Mr. Woodham: Can I... Can I say something over here?
Mayor Clark: Oh. You've spoken... You... let these...
193 January 12, 1995
Mr. Woodham: I'm not from the MAST Academy, but I'd like to say something.
Mayor Clark: Let the gentleman, let the...
Commissioner Plummer: Barbara hasn't spoken. My god, don't let Barbara speak. We'll be
here all day.
Mayor Clark: All right, you want to speak?
Ms. Barbara Lange: Yes.
Mayor Clark: Quickly.
Ms. Lange: My name is Barbara Lange. I live at 3495 Main Highway, in Coconut Grove.
Vice Mayor Dawkins: Pull the mike to you, Miss, please. Thank you.
Ms. Lange: I'm here representing Friends of the Everglades today. And I'm looking at the
zoning map, and I remember in Ordinance 9500, Mr. Luft, that most of this was zoned
conservation. You've changed... You've got out on Virginia Key commercial now, and that was
park, and the rest of it was conservation. And you've increased Dade County Water and Sewers,
government institutional by probably threefold. Now, what caused you to change an area that
was conservation, zoned conservation, meant for not people, but mainly for animals and
preservation area into a park and commercial?
Mr. Jack Luft: Where is this? We haven't done that. Where are you talking about?
Ms. Lange: In 9500 it was a conservation area. I have this one. I don't have the 9500 one with
me, but this was conservation area.
Mr. Luft: Which one?
Commissioner Plummer: We never had a zoning application of conservation. We had PR,
public recreation.
Mayor Clark: Part of that, we didn't even own.
Vice Mayor Plummer: We had government use, GU.
Mr. Luft: This is 9500 and this is...
Ms. Lange: Eleven thousand. This is 11000.
Mayor Clark: Listen. Please, Mr. Luft, can you get with the lady over to the side and explain
that, and let the other people speak here? Jack, sit over to the side with the lady and show her,
answer her questions, will you?
Ms. Lange: I have one more question.
Mayor Clark: All right. What is it?
Ms. Lange: Dade County Water and Sewers is mitigating for the land that they dug, the seagrass
that they dug up. They're mitigating a wetland area here. And I remember speaking to DERM
194 January 12, 1995
about this, and they were very happy. Now, how are you going to put a campground in a
wetland area that's being designed out there? Where is the wetland area?
Vice Mayor Plummer: That's not over the wetland.
Mayor Clark: It's not over the wetland.
Mr. Luft: The wetland area is shown in the RFP.
Ms. Lange: And now it's going to...
Mr. Luft: And that was defined by DERM.
Mayor Clark: All right. Thank you, ma'am.
Mr. Luft: That's off limits to development, as shown by DERM.
Mayor Clark: You'll have your second bite at the apple.
Mr. Luft: In fact, DERM drew the map.
Ms. Lange: I'd just like to make one more point. This is, this was, and is a conservation area.
When you start putting roads in and people in, the sea turtles get run over, the eggs get dug up,
and you're not going to have a conservation area.
Mr. Luft: Madam, I wrote the conservation zone. I wrote the master plan for Virginia Key. The
conservation zone you see on that map is exactly where the conservation zone was called for in
the plan that I wrote in 1987, and it hasn't changed since, and this project does not change it.
Mayor Clark: All right. That's your answer.
Vice Mayor Plummer: You know what's funny to me? Mr. Mayor, of the eighty-eight acres,
about eighty percent of that is already in concrete and asphalt as parking lots. And where is all
of this now coming from, that the turtles are going to... You know...
Mr. Luft: They're talking principally about Norris Cut, which is not part of this RFP.
Vice Mayor Plummer: They've got a setback, they've got the coastal zone of setback of what,
fifty feet?
Mayor Clark: All right. Let this gentleman speak here.
Mr. Luft: J.L., they're talking about the area by Fisher Island. It's not part of this.
Vice Mayor Plummer: And it's all... It's all parking lot.
Mayor Clark: Yes, all parking. Would you give your name and address.
Mr. Zachary Messa: Hello. My name is Zachary Messa. My address is 8465 Southwest 143
Street. I'm not a member of Miami, however, I'd like to urge the Commission and the Mayor,
himself, to, rather than just look over this RFP, to actually go down to the site on a weekend and
see how busy it really is. It's something just... that instead of just taking the words of these
pieces of paper, you have to experience for yourself, if you have not already been there. Thank
you.
195 January 12, 1995
Mayor Clark: All right. Thank you, sir. Yes.
Mr. John Burhani: My name is John Burhani. I live at 2630 Lincoln Avenue, here in Coconut
Grove. I'd just like to say that I think, you know, Virginia Key is sitting there, and it's this great
piece of land, but it's already been serving a great purpose. It's not like you have a nice, open
piece of land, and you ought to automatically do something with it. It's serving its purpose as a
park. And I think, you know, I think what the... not to offend you guys, but I think what you
guys would like to do is build some big hotels there and make a lot of money off of it.
Vice Mayor Plummer: Not at all.
Mr. Burhani: But it's a... It's a public park, and it is serving its purpose as a public park right
now. So...
Vice Mayor Plummer: Where is all this coming from?
Commissioner Gort: Why don't you guys read the RFP before...
Mr. Burhani: You know, I'm just speculating. I'm just speculating. OK? So, you know, I think
the last ditch effort is to build this... to make some money off of it is to build this campground
there. Well, it's serving as a public park right now. Now, if you build a campground there...
Vice Mayor Plummer: It's not. It's not. Where do you... Sir, you see... Let me tell you
something. And I'm sorry, all right? A little bit of knowledge is dangerous. This is not a
campground, it is not a playground.
Mr. Burhani: I'm saying you want to make it into a campground.
Vice Mayor Plummer: Excuse me, sir. It is not being used at this time for anything other than
police training. It's locked during the day. And if anyone is inside of there - if I'm wrong,
correct me - they're trespassing. That is locked. The gates are locked. It is not being used.
There is an area out on the far east, which is the beach, which this has nothing to do with, will
not be affected by this RFP. It is not, in any way, shape or form... Somebody has been giving
you bad, bad information. You're talking about a theme park. I don't know who told you that.
It's not in this...
Mr. Burhani: Well, I think... It's all in that RFP, so...
Vice Mayor Plummer: But you see, Mr. Dawkins tried to explain to you that the word was on
there called "draft." "Draft" means that that's something for us to work with. Now, I told you
where my vote's coming from, and that's going to not be the draft.
Mr. Burhani: OK.
Vice Mayor Plummer: And you all were trying to force the issue.
Mayor Clark: All right. Thank you, sir. Thank you very much.
Mr. Burhani: What I... The point I was trying to make there was that, you know, if you make
this campground, the campground isn't going to be used by people from Miami. It's going to be
used by people from outside Miami.
Mayor Clark: OK.
196 January 12, 1995
Mr. Burhani: Right now, that land is being used by Miami people.
Mayor Clark: All right.
Mr. Burhani: If you build a campground... You know, they say people from Miami are going to
go camping. They're not going to go camp ten minutes from their house. It's going to be used
by people from outside Miami.
Mayor Clark: All right.
Mr. Burhani: So if you want to keep it for people from Miami, it's serving its purpose right now.
Mayor Clark: Thank you very much. Yes, sir.
Mr. Bruce Reep: My name is Bruce Reep, and I do appreciate Mr. Dawkins'... Commissioner
Dawkins' and the whole Commission's patience with everybody here, and that you will revisit
this issue again. And the only thing I did want to bring up is that the only one thought in your
future, at the time when you think about this property, as all of the property, a good part of the
property over on Virginia Key was a conservation area. There are habitat areas right nearby,
north of Miami Marine Stadium, and nearby. And so all I want you to think about, when you do
think about putting an RV park in here, is think about Flamingo, down in... Flamingo area, south
of the Everglades, and that this area could turn into... In your questionings, as you read to the
RFP, what limitations will these foreigners from up north be living there, and do they get three
months, five months, do they get the whole winter? My dad has an RV, and my main concern...
Mayor Clark: Please, give us time. Give us...
Mr. Reep: My main concern is that this place does not turn into a place where people come in,
and they move in, and they stay for a long period of time.
Vice Mayor Plummer: Hey, that was one of my arguments yesterday. A maximum of ninety
days.
Mayor Clark: All right. Let's... let's move forward.
Commissioner Dawkins: OK.
Vice Mayor Plummer: They must move out for thirty before they can come back.
Mayor Clark: We haven't done anything yet.
Commissioner Dawkins: Mr. Mayor, I have one last statement.
Mayor Clark: Yes, sir.
Commissioner Dawkins: I'd like to say to the young people and your advisor, I wish you would
listen to me, now.
Mayor Clark: Their advisor... Mabel, listen to this, will you?
Commissioner Dawkins: Yeah.
Mayor Clark: You're advisor.
197 January 12, 1995
Commissioner Dawkins: Mabel, you need to listen, also. This has to come back for a
referendum. OK? Yes, yes, it's waterfront property, yes.
Vice Mayor Plummer: No, no, no.
Commissioner Dawkins: Well, that's why... That's why I need to see the RFP, so I can put that
in there. You see, you people are pushing me into doing something that I don't want to do, see?
Vice Mayor Plummer: I'll never vote for that.
Commissioner Dawkins: I'm going to put in there that it has to go out for a referendum. That's
going to be in the RFP. I'm going to put it... I'm going to put it in there. And if you want to be
advocates, and you have nothing to do on Saturdays and Sundays, you go knock on door to door
in the City of Miami, and explain the position, and tell people to vote against the referendum.
Then you're doing something. You're proactive, you're getting involved, and you're able to talk
to people. But, now, if it's not in the RFP, you put it in, that the voters... that the last
referendum... said waterfront property must go for referendum. Now, that's what the voters
said.
Mayor Clark: All right. I'm not going to cut anybody off, but I'm going to stop this hearing
right now, entertain...
Mr. Reep: Thank you. Thank you for your time.
Mayor Clark: Please. Entertain the motion by Mr. Dawkins to defer it until February the 9th.
There's a second. Call the roll, Madam Clerk. No more talking.
Vice Mayor Plummer: That's not the motion on the floor.
Commissioner Dawkins: Yeah, I... Well, that's the motion. I put the motion back on the floor.
Defer this until the 9th.
Vice Mayor Plummer: OK. That's fine, then. I'll second it. But wait a minute. Mr. Mayor...
Unidentified Speaker: I just wanted to...
Mayor Clark: Please, ma'am, please. We've had...
Unidentified Speaker: I just wanted to say thank you.
Mayor Clark: Please, ma'am.
Commissioner Dawkins: You're winning. You're winning, Miss. Miss, why don't you leave it
alone?
Unidentified Speaker: Oh, I know. I just wanted to say...
Commissioner Dawkins: You're winning. You're going to lose. Why don't you leave it alone?
Mayor Clark: Now, please, let's don't start this again.
Unidentified Speaker: She's not saying anything to... She just wanted to say thank you.
198 January 12, 1995
Mayor Clark: No. Please, ma'am, we've got a motion on the floor. Call the roll.
Unidentified Speaker: OK.
Vice Mayor Plummer: Mr. Mayor, if I may.
Mayor Clark: Yes.
Vice Mayor Plummer: As Commissioner Dawkins had the opportunity this morning to proffer
on the record the questions that he had asked of the Administration to come back with answers
for, I want to put on the record right now where my vote is. My vote is strictly for the eighty-
eight acres. I think it's eighty... It's either eighty or eighty-eight, whatever that is, which is
commonly referred to as "Survival City," and that is for an RV park, under the terms and
conditions that we spoke of. I am not in favor of anything else, as I explained to you the other
day. That's where my vote is. That's what I'll vote favorably for.
Mayor Clark: Call the roll on the deferment.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-64
A MOTION TO DEFER CONSIDERATION OF: (A) AGENDA ITEM 18
(RESOLUTION SEEKING AUTHORIZATION TO ISSUE AN RFP (REQUEST FOR
PROPOSALS) FOR A UDP (UNIFIED DEVELOPMENT PROJECT) CONSISTING
OF DEVELOPMENT OF THE VIRGINIA KEY CAMPGROUND AND ANCILLARY
RECREATIONAL FACILITIES ON CITY -OWNED WATERFRONT PROPERTY
(ON 165 ACRES) LOCATED ON VIRGINIA KEY BEACH, MIAMI, FLORIDA); (B)
AGENDA ITEM 19 (RESOLUTION SEEKING AUTHORIZATION TO ISSUE AN
RFP (REQUEST FOR PROPOSALS) FOR A UDP (UNIFIED DEVELOPMENT
PROJECT) FOR DEVELOPMENT OF A MEGA YACHT MARINA AND RELATED
USES ON CITY -OWNED WATERFRONT PROPERTY (26 ACRES) AT WATSON
ISLAND; AND (C) AGENDA ITEM 20 (RESOLUTION SEEKING
AUTHORIZATION TO ISSUE RFP (REQUEST FOR PROPOSALS) FOR A UDP
(UNIFIED DEVELOPMENT PROJECT) CONCERNING DEVELOPMENT OF THE
MIAMI MARINE STADIUM AND RELATED MARINE AND RECREATIONAL
USES ON CITY -OWNED WATERFRONT PROPERTY (18 ACRES) LOCATED AT
3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA); RESCHEDULING SAID
THREE ISSUES TO BE CONSIDERED AT THE MEETING OF FEBRUARY 9, 1995.
Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
- _-199_ _ --January 12, 1995
KE
Commissioner Gort: This is for 18, 19 and 20?
Vice Mayor Plummer: No, it's just for 18.
Commissioner Dawkins: No, 18, 19 and 20, all three.
Vice Mayor Plummer: Oh.
COMMENTS MADE AFTER ROLL CALL:
Ms. Miller: Excuse me, Mayor. Could I apologize for my outburst, and... however, not for my
enthusiasm. And thank you, and we'll be back.
Commissioner Dawkins: You must never apologize for being right.
Ms. Miller: Thank you, sir.
Commissioner Dawkins: All right.
Mayor Clark: For being nice, she said.
(APPLAUSE)
Mayor Clark: Thank you. What's the item, Willy? What number is it?
Mr. Manuel Gonzalez-Goenaga: May I be recognized for a short closing statement?
Mayor Clark: Good-bye. Thank you for being here today. Thank you, Manuel. "Hasta luego."
That's what you wanted...
Mr. Gonzalez-Goenaga: The meeting is adjourned, right?
Mayor Clark: Thank you.
Mr. Gonzalez-Goenaga: The meeting is adjourned now?
Mayor Clark: Not yet, no. Not yet. Come back on the next item. What's this now, the vendor?
Vice Mayor Plummer: I've never heard such a great closing statement. Good-bye.
Mayor Clark: He's my pal, right? What is the item, Willy?
Mr. Odio: You have 11, item 11. Chairman Teele was going to be here.
Vice Mayor Plummer: Excuse me. Chairman Teele called and indicated to me that he definitely
was coming. He was in a meeting, and I so informed the Mayor of that phone call. If he's not
here, I can't explain why.
Mayor Clark: Go ahead, the vendors. Item...
Vice Mayor Plummer: Excuse me, Mr. Mayor. I did inform Chairman Teele at the time of the
scheduling by this Commission of a joint meeting on February the 2nd at six -thirty in the
evening, at Booker T. Middle School, of both Commissions and all interested parties. I informed
him that that was the action taken by this Commission this morning.
200 January 12, 1995
Mr. Gonzalez-Goenaga: For the record, I wart to say that I did not bring this crowd to the
meeting. Just in case you think that I brought these people to the meeting, I did not.
Mayor Clark: Oh, that's all right.
Vice Mayor Plummer: That's what I understand.
Mr. Gonzalez-Goenaga: They came on their own.
Mayor Clark: What is the item on the...
Commissioner Dawkins: What's the item?
Mayor Clark: Item 29.
Commissioner Dawkins: Twenty-nine?
Mayor Clark: All right.
Mr. Luft: It wasn't taken up this morning.
Vice Mayor Plummer: Mr. Mayor, excuse me. Mr. Mayor, Mr. Mayor.
Mayor Clark: I'm listening.
Vice Mayor Plummer: Item 38 was a part and parcel of 18, 19, and 20. The question being
asked by staff, was 38 also deferred, or do we intend to take that up and act on it? It is a part of
the botanical gardens of Watson Island. It was my understanding that it was also to be deferred,
but they're asking for a clarification.
Commissioner Dawkins: All right. I move that 38 be deferred also, with 18, 19...
Vice Mayor Plummer: Second the motion.
Mayor Clark: Cast a unanimous ballot.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-65
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM NUMBER 38
(PROPOSED RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS
METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED
WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT (UDP);
FURTHER AUTHORIZING THE CITY MANAGER TO DRAFT A REQUEST FOR
PROPOSALS FOR A UDP, AND CONFIRMING THE SCHEDULING OF A PUBLIC
HEARING TO BE HELD MAY 11, 1995, AT 10:00 A.M.) RESCHEDULING SAID
ISSUE TO BE CONSIDERED AT THE MEETING OF FEBRUARY 9, 1995.
201 January 12, 1995
Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
60. SECOND READING ORDINANCE: AMEND CODE, CHAPTER 39,
ARTICLE II, BY ESTABLISHING THE DOWNTOWN MIAMI
SPECIAL VENDING DISTRICT -- REPEAL SECTION 39-17
(LIMITATIONS WITHIN VENDING DISTRICTS) AND SUBSTITUTE
NEW SECTION 39-17 (LIMITATIONS WITHIN DOWNTOWN
MIAMI SPECIAL VENDING DISTRICT) -- ESTABLISH DISTRICT
BOUNDARIES / DIVISIONS -- PROVIDE FOR EXCLUSIVE
VENDING FRANCHISE OPPORTUNITIES / LOCATIONS --
PROVIDE CRITERIA -- PROVIDE FOR FRANCHISE LOCATION,
FRANCHISEE SELECTION AND FRANCHISE FEES -- ESTABLISH
PUSHCART DESIGN AND ACCESSORY CRITERIA AND
REVIEW -- PROVIDE FOR OPERATING REGULATIONS /
LIMITATIONS -- PROVIDE FOR ENFORCEMENT / REVOCATION /
APPEALS -- REQUIRE HOLD HARMLESS AGREEMENTS /
INSURANCE / TAX CERTIFICATES / COMPLIANCE WITH
APPLICABLE LOCAL / STATE REGULATIONS.
Mayor Clark: Item 29, is it?
Commissioner Gort: Twenty-nine.
Mayor Clark: All right, let's hear it.
Vice Mayor Plummer: I would like to hear first, Mr. Mayor, out of all courtesies to our
Chairman of the DDA (Downtown Development Authority), who was the one that originally
brought this item to the Commission table, and I'd like to know the thoughts of the DDA.
Commissioner Gort: Well, this is an effort... one of the things I wanted to... everybody to
understand, the DDA drafted an ordinance a long time ago to comply with the street vendors,
and we put all the different reasons why they could be utilized. The problem that we had in the
past is nobody really enforced the ordinance that was entitled. So we drafted a new ordinance,
and my understanding is that we talked to the vendors, and we have been meeting with them, and
we have an ordinance that everybody is in agreement, the property owners of downtown, and it
serves the purpose that we want. And I understand the parties have gotten together, the property
owners, the attorneys, and the different representatives... that we have an ordinance now that
everybody is in agreement with.
Vice Mayor Plummer: That's everybody but me. Now...
202 January 12, 1995
Commissioner Gort: Well, I said...
Vice Mayor Plummer: I might be in agreement if somebody can explain to me, one of the things
that we tried to come about was an equity position of fairness to all people concerned. That is
still my concern. I don't think anybody has the right to expect a lot on City -owned property.
We went to this thing that is now going to go for one year, where there'll be a rotation in one
year. There'll be... how many locations, Willy?
Commissioner Gort: Locations will be determined by the criteria...
Vice Mayor Plummer: How many in numbers? I thought there was a maximum number.
Commissioner Gort: No, there is not.
Vice Mayor Plummer: There is no maximum number?
Mr. George Knox: Mister...
Ms. Arleen Weintraub: There is a maximum number on first reading. What I'd like to do, if I
could, is put on the record what the City Administration and the other parties have agreed to that
will answer that question. There is not a maximum now.
Vice Mayor Plummer: So I'm getting very closed to invoking the rule then. I mean because we
don't have it in front of us that which has been compromised out. How many... how many...
Ms. Weintraub: Well...
Vice Mayor Plummer: How many positions are going to be up for grabs?
Ms. Weintraub: What we are recommending... I am Arleen Weintraub, the Downtown NET
(Neighborhood Enhancement Team) Administrator, for the record. We are recommending that
the map included in your proposed ordinance, on second reading, be adopted that indicates areas
"A," "B," and "C." The detailed map shown on pages two through eight be removed and allow
the City Administration to sit down and apply the technical criteria that is in the ordinance, and
locate or remove some of those locations that are shown. This technical distance requirements
includes an eight foot minimum from entrances to buildings, five foot from crosswalks, etcetera.
Vice Mayor Plummer: How many... please answer my question, and then we could go over the
rest of it. How many locations would be allowed for vendors in the downtown area under this
ordinance?
Ms. Weintraub: We do not have a maximum ceiling number.
Vice Mayor Plummer: So there could be 200, there could be... excuse me, if there is no number,
and there is no maximum, it could be 200, it could 300, it could be 20. Am I correct?
Ms. Weintraub: That's correct.
Vice Mayor Plummer: OK. Then absolutely no way I can vote for this ordinance.
Commissioner Gort: Arleen. Excuse me a minute. My understanding is that when you apply
the criteria that you had set up, there would not be more than what we have presently.
203 January 12, 1995
Vice Mayor Plummer: But that is not in the ordinance, Willy.
Ms. Weintraub: Well, yeah.
Vice Mayor Plummer: They are not saying that.
Mayor Clark: Well, amend the ordinance and put it in.
Vice Mayor Plummer: That's what I'm saying, I can't vote...
Ms. Weintraub: Or we could put a maximum number.
Vice Mayor Plummer: ...for this as we are talking about it.
Ms. Weintraub: A maximum number.
Mr. Joel Maxwell (Deputy City Attorney): May I, Mr. Mayor, Commissioners? Arleen, if I
may?
Vice Mayor Plummer: No, there's another thing here that I got... and it is more important than
how many locations.
Ms. Weintraub: OK.
Vice Mayor Plummer: OK? I don't think anybody has a God-given right to a location, I think
that everybody here has a right to go down and apply for a permit to be a vendor. Everyone in
this City. OK.
Ms. Weintraub: Agreed. Agreed.
Vice Mayor Plummer: Not the 83 that are there. Yes, they are there. Yes, they want to stay
there, but on public property, everybody should have that right to do the same as what they are
doing there. And the only way, the only way, that I know that you could do that, is that once an
application is received, and they are qualified under the rules and regulations, that you go to a
lottery drawing. That's the only way you can do it. Other than that, you are not going to be fair.
Now, all I am saying to you is that everybody should have the same right. Now, I'll bring up
another point. You are talking about charging, you are dropping down from $200 to $125, I
don't understand that. Why then would you have not charged the people in Coconut Grove
$125? L. you see, I've always been told, as a legislator, when I make a rule up here it applies
Citywide. Now, why would you charge any less in the downtown - George, put your arm down,
you'll get your time to rebut. You do that all the time - I don't understand why you would allow
them to work at a cheaper price than that of the City, of the Coconut Grove people. But I've got
to tell you something, that in the interest of fairness, that to me there has got to be some sort of a
lottery system that you have "X" number of locations, and once a year you pull out, and number
83, that goes to that location, this one goes to that location. Other than that, in my estimation,
there's going to be favoritism, and, at best, there is going to be a perception of unfairness. I
don't know any other way. You talked about, this morning, that you were going to come up on
the first application in, as the first one to get this site, and the second application to the second
site. That's hogwash. You set a deadline for applications to come in, you put all the numbers in
the hopper, and you pull them out. I quit, that's where my vote is, I think to do it any other way
is less than fair. I think the perception that you are going to create is absolutely a horrible
scenario that people are going to cast stones. Thank you, Mr. Mayor.
Mayor Clark: All right. Let's hear... Thank you. Mr. Knox, have you recovered since...
204 January 12, 1995
Mr. George Knox: I'll tell you what, Mr. Mayor, I think that if...
Commissioner Gort: Excuse me, Mr. Mayor, before we hear from Mr. Knox, can we hear from
staff what the ordinance is, all the conditions and criteria with the ordinance?
Mayor Clark: Well, what is it?
Mr. Knox: I will certainly defer to Ms. Weintraub to make the presentation about the ordinance,
and the conversations that took place between the parties.
Vice Mayor Plummer: I'll vote for what is in front of me.
Mayor Clark: All right.
Ms. Weintraub: Thank you. We were asked that first reading to come back by second reading
with an agreed -to version, and that's what we have done, and that's what I'm here to report on.
The agreement as to amending, we are requesting to amend the ordinance on second reading as
reached by agreement between the Downtown Development Authority, the City Administration,
the downtown vendors, and the Downtown Miami Partnership, all the interested parties. The
requested amendments are as follows: Establishment of a minimum 50 foot distance
requirement between any two vendors. Establishment of a franchise fee for area "A" of $125 per
month, area "B" at $75 per month, and area "C" at $25 per month. Establishment of a fair
system to select and assign vendors to specific zones as follows: pre -qualification of vendors to
determine eligibility to participate in the process including a review and approval of cart design,
evidence of required insurance, licenses and permits, and the ability to pay their franchise fee
required. Those qualified and certified vendors would then move on to the second phase of the
process which would be conducted within area "A," "B," and "C" at a specified number of zones
to be made available on a first -come first -served annual basis to be repeated every October. A
detailed official zoning map indicating all specific vending locations to be kept on file at the City
Clerk's Office and the Downtown NET Office. To remove the attached detailed map that
appears on today's ordinance to allow the City's technical staff to locate properly the exact
locations. To establish a public process of review to certify vendors and locations to include the
City, the Downtown Development Authority, the Downtown Miami Partnership, and the vendors
in such a process. Enforcement of all vending code regulations by the City of Miami,
specifically the Downtown NET Office and the Police Department. An agreement to review the
ordinance and its workings in approximately a ten month period, and report back to this
Commission with any recommendations for suggested revisions, including a possible system for
renewal of franchised locations. And those provisions of the ordinance regarding design of carts,
and the specific locations of vendors to go into effect 90 days after the effective date of this
ordinance. Thank you.
Vice Mayor Plummer: May I, Mr. Attorney?
Mayor Clark: All right.
Vice Mayor Plummer: Mr. City Attorney, do you consider that to be a major change than what
is before us?
Mr. Maxwell: As a matter of fact, they are major changes, Commissioner.
Vice Mayor Plummer: That is what I thought, sir.
Mayor Clark: So -what -does that proof?
205 _ January.12, 1995 -
Vice Mayor Plummer: That means that they can't vote on it.
Commissioner Gort: Would you let him finish?
Vice Mayor Plummer: I'm sorry.
Commissioner Gort: He didn't finish.
Mr. Maxwell: That is a question of whether or not the changes that would prohibit your voting
on it, and I believe that the notice that was provided is sufficient to the point where you probably
could adopt these changes at this time.
Mayor Clark: Very good.
Mr. Maxwell: Because what happens is these changes are actually are less restrictive than the
changes that were proposed before.
Commissioner Gort: Thank you.
Mayor Clark: All right. Mr. Knox.
Mr. Knox: Thank you very much, Mr. Mayor, and members of this Commission.
Mayor Clark: Happy to see you today.
Mr. Knox: Good to see you, sir. My name is George Knox, I'm an attorney with offices at 2601
S. Bayshore Drive, Suite 1600, and I represent the vendors. We participated in an extensive
dialogue with the City staff along with representatives of the DDA, and the Downtown Business
Partnership, if that's the name of the organization, and we have reached, essentially, a condition
which allays all the concerns that have been expressed on behalf of the vendors. And the
vendors have directed me to indicate that if you agree to amend the ordinance as reflected in the
report by Ms. Weintraub, and have those provisions be incorporated into the ordinance prior to
its effective date, then there will be no objection to it. And, of course, there will be no
controversy about its implementation.
Mayor Clark: Thank you, Mr. Knox. Mr. Gort. Yes, ma'am.
Ms. Vicky Leiva: Good afternoon, Mayor, and members of the Commission. My name is Vicky
Leiva, with law offices at 701 Brickell Avenue, here representing Downtown Miami Partnership.
I concur with Mr. Knox, we've had representatives of our group at the meeting, and the
representations made by Ms. Weintraub are acceptable to my clients. There is one small
addition that during the selection process we have a member of the...
Commissioner Gort: They already...
Ms. Leiva: ...OK... of the DMP (Downtown Miami Partnership) present. Other than that, what
we do urge you, and what is essential to my clients, and the Downtown Miami Partnership is that
this matter come to a closure today. We appreciate your support in that effort.
Mayor Clark: Thank you, Ms. Leiva.
Vice Mayor Plummer: I would hope that we come to a closure on that which was before us on
first... on second reading. Again, I would ask, very briefly, tell me how you propose that this is
to be done outside of the lottery system? Because I don't understand it.
206 January 12, 1995
Ms. Weintraub: Yeah, in a sense, we see it as a lottery system, and we feel very strongly,
everyone, that it needs to be fair, objective and open to everyone. This is... there is no restriction
to anyone out there today being limited to participate in the process. It is open to everyone. And
the way we envision it is, a public notice is given, an advertisement is placed that says on such
and such a date, at a certain location, the City staff and so forth will be accepting interest...
letters of interest, or what have you, to participate in getting a spot in area "A," "B," and "C"
with its correlating maps that show specific spots in areas "A," "B," and "C." The people come
in ahead of time and must pre -qualify to even get to that point. Pre -qualifying would mean as a
group we sit down and review the card...
Vice Mayor Plummer: OK. They are pre -qualified. How...
Ms. Weintraub: OK.
Vice Mayor Plummer: ...do you select who goes in "C," "B," and "A"? How do you select those
that have put in there names and qualified? How would you do that?
Mr. Maxwell: If I may, for the record, Joel Maxwell, Deputy City Attorney. Commissioner,
what would happen is this, once the number of locations are determined for a particular zone,
and based on what was said before, to say hypothetically, it is determined that there will be 25
spots in zone "A"...
Vice Mayor Plummer: OK.
Mr. Maxwell: We will notice, Ms. Weintraub didn't point it out, but we will notice 60 days
ahead of time that there will be that number of opportunities, vending opportunities in that zone,
an additional number of opportunities in zone "B," and additional number of opportunities on
zone "C"...
Vice Mayor Plummer: How will you select zone "A"?
Mr. Maxwell: What would happen is this, a person would come in on the designated date of the
award, presumably they will determine what is necessary, the notice would also indicate what is
necessary. On that date, we would award the designated number of 20, 25, whatever it is spots.
We would say that you have a certificate to vend in that district. We wouldn't give you a
specific spot. We would say, "You have the right to vend in that district." We would only award
the number of certificates that that spot allows. Now, the vendors would be able to, on a first -
come first -served basis each morning, vend according to their certification, they are permitted to
vend in zone "A." So they could go to those spots in zone "A" and...
Vice Mayor Plummer: Will... will not work. You are going to have fights among vendors, you
are going to have vendors who are not going to comply. You can't do it and be fair. You have
got to say, "Ricky, you have spot 23 for one year. Sam, you got spot 21 for one year." This
business of who comes there first in the morning, and who leaves last at night, you are kidding
yourself. It does... where the hell have we been around here when we've had all of the trouble
when Ricky came here and finally Ricky was the one who worked out an agreement at the
Arena? And it was based on that kind of a concept.
Mr. Maxwell: But...
Vice Mayor Plummer: Now, why are we going away from a concept that works?
Mr. Maxwell: I'm glad you pointed that out, Commissioner, because in a sense that is exactly
what we've done. What we've done is adopt... what we are proposing is a hybrid of the Arena
207 January 12, 1995
ordinance. Because what you did over there was to say that you can have... you are permitted to
have 12, I think was the number, of vending sites at the Arena, 12 sites. And instead of saying
that each vendor would be in a specific place at the Arena, there are only 12 sites and the
vendors who would be in those spots... out among themselves...
Vice Mayor Plummer: Joel, Joel, all 12 sites where in the same place.
Commissioner De Yurre: J.L., J.L., the difference there was that those 12 sites are right next to
each other.
Vice Mayor Plummer: They are all together. They are bunched up.
Commissioner De Yurre: It is not three blocks away, or two blocks away. They are...
Vice Mayor Plummer: You can throw a rock at each other... throw a hot dog at each other.
Commissioner De Yurre: ... right...
Mr. Maxwell: What you have before you is a compromise. If it does not work...
Mayor Clark: It does not work.
Mr. Maxwell: ...it is a legislation that this Commission can revoke at any time.
Vice Mayor Plummer: Well, I would assume that what is going to pass here today without my
vote is going to take effect in 90 days from now, is that correct? 'There will be the first selection
committee.
Mr. Maxwell: Well, what we are proposing is that 90 days from now after the notice and so
forth, that would occur that the...
Vice Mayor Plummer: Well, the notices will go out immediately within 30 days, am I correct?
Mr. Maxwell: ...ninety... excuse me?
Mayor Clark: All right. Let's move forward.
Vice Mayor Plummer: Within 30 days.
Mr. Maxwell: The ordinance will take effect in 30 days.
Vice Mayor Plummer: I want to tell you something, the first person who comes to my office and
tells me that they have been locked out, and they qualify, I want to tell you something...
Mayor Clark: Go to war.
Vice Mayor Plummer: ...I'm going to help them file a lawsuit against you. OK.
Mayor Clark: All right. Let's move forward.
Vice Mayor Plummer: Because it's going to happen.
Commissioner De Yurre: Mayor, I want to hear again the process, what is it again?
208 January 12, 1995
Vice Mayor Plummer: It won't work. It can't work.
Mr. Maxwell: OK. What will happen is, we will place a notice in the newspaper, if this
ordinance is adopted today, we will immediately place a notice in the newspaper saying 90 days
from now these franchise opportunities will be available and will be awarded, and people should
govern accordingly. Ninety days from now we will have the locations established. On that date
people will come in and, on a first -come first -served basis, the designated number of franchise
opportunities will be awarded, no more. If there are 20 spots for zone "A," then there will be...
20 vendors will be given those spots.
Commissioner De Yurre: You are saying the first 20...
Mr. Maxwell: The first 20, the first 20 to meet all of the qualifications.
Commissioner Gort: The only difference...
Mr. Maxwell: That's for zone "A." Zone "B" would operate the same, zone "C" would operate
the same.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Gort: My understanding is that you are saying that every morning they'll have a
chance to go to different corners.
Mr. Maxwell: Yes.
Commissioner Gort: What I would like to see is once you have selected 20 individuals, I think
that you should assign specific corners to avoid the problems of fighting. Yes...
Vice Mayor Plummer: Excuse me, may I ask a question? I had asked at the last Commission
meeting, and I put it on top of the table, Mr. Manager, that there had been innuendos of selling
locations.
Mayor Clark: Yes, I remember.
Vice Mayor Plummer: I asked at that time that an investigation be done by the proper
authorities, and I'm asking now, Mr. Manager, the results of that investigation. Hello, am I
calling collect?
Mr. Cesar Odio (City Manager): No. I'm trying to... I have not been informed that the
investigation has been concluded.
Vice Mayor Plummer: Then I would ask at this time that this matter be deferred because the
innuendos are still prevailing.
Mayor Clark: They are selling corners.
Commissioner De Yurre: Well, if we set a system, it is not going to matter.
Vice Mayor Plummer: Wait, wait. I will pull that back. Mr. Mayor, Mr. Manager, if you would
assure me, sir, that an investigation will be done...
209 January 12, 1995
Commissioner Gort: It will.
Vice Mayor Plummer: ...because let me tell you, I'm still getting phone calls that people are
paying for locations. There might not be any truth to it at all, but I think the matter has got to be
cleared up.
Commissioner Gort: I agree with you.
Vice Mayor Plummer: I do know that there are witnesses in this audience who are ready to
testify that there have been violent fist fights among vendors for locations. That's a fact. That is
a fact. OK. So all I am saying is that I want your assurance, Mr. Manager, that an investigation
of these vendors will be done to try and determine if there is any truth to the allegations of
money -bribery payoff for given locations one over another. Mr. Gort, I would ask you in behalf
of the people of Gesu Catholic Church that they prohibit any vendors in the immediate entrance
of Gesu Church. Let me tell you the reason why, as a Funeral Director, I try to carry a funeral in
there, and a lady refused to move the fruit vending cart because only one place that you can park
a hearse and she did not want to move until one of the motorcycle escorts made her move. I
think that she can move that cart to some other place other than Gesu Church to have her fruit
sales across the street or somewhere...
Mayor Clark: All right.
Vice Mayor Plummer: ...but I would ask that that location definitely be stricken, the corner...
what I would tell you is the southeast corner of 1st Avenue and 2nd Street in front of Gesu
Church.
Mr. Maxwell: Mr. Mayor...
Mayor Clark: All right.
Mr. Maxwell: ...could I propose that, in order to make that more legally acceptable, that you
make that a prohibition across the board for any churches for the very reasons that...
Vice Mayor Plummer: That is fine, sir. I think in front of a church should have easy access...
Mayor Clark: All right. Willy, you got a motion now?
Vice Mayor Plummer: ...unfortunately, Gesu has just had to put up bars on the front of the
church because of the problems incurred.
Mayor Clark: We got a motion now, Willy?
Commissioner Gort: Yeah, I'm ready with the... to move the second reading with the
amendments that have been brought forward.
Commissioner De Yurre: I have a problem with this process.
Vice Mayor Plummer: L.
Commissioner De Yurre: ...you know, what we are talking about people lining up at whatever
hour of the night it is to get the first 20 slots, they may be there days ahead of time. I am not... I
can't vote for this on that matter. If you talk about a lottery, give people a certain amount of
time to go in, and there is no problem, you get 20 people for the lottery, they get the 20 spots, if
there are 30, that's it.
210 January 12, 1995
Vice Mayor Plummer: That's it. They know for a year where they are.
Commissioner De Yurre: But I don't want to force... I don't want to create that situation.
Mayor Clark: Well, what are we going to do here, just defer it again?
Vice Mayor Plummer: No, I don't want to defer it. I want to vote on what is before us, and
that...
Commissioner Gort: I don't think we are deferring.
Mayor Clark: Well, move... make a motion.
Ms. Leiva: May I?
Commissioner Gort: Let's hear from Mr. Knox.
Ms. Leiva: May I make a suggestion, please...
Vice Mayor Plummer: Yeah.
Ms. Leiva: ...that may be helpful? Why don't we go ahead and adopt what you have before you
now. That will not go into effect for 30 days. During that time we can...
Commissioner Gort: Ninety days.
Ms. Leiva: ...take these issues that are still questionable, iron them out, and come back with an
amendment, and then all it will take is one vote.
Vice Mayor Plummer: All right, that we have in front of us today is a full lottery, is that correct?
Ms. Weintraub: That's correct.
Mr. Maxwell: Yes.
Vice Mayor Plummer: I will vote today for that which is before us on second reading. I will be
open... George...
Mayor Clark: Let him talk.
Vice Mayor Plummer: ...my door has never been locked to you. If you want to come and you
want to talk about making some changes over what we vote on for second reading today, my
door is open. But I am telling you that I am only doing in what I think is the interest of fairness.
Mayor Clark: All right, Mr. Knox, you have the floor.
Mr. Knox: Thank you very much, and I appreciate what your position is, Mr. Plummer, but I
have to indicate to you that the position of the vendors would change drastically if the lottery
process as described in the proposed ordinance is adopted by the Commission, and I'll tell you
why. Because as your staff indicated it is a compromise position, and there was a concerned
expressed on behalf...
Vice Mayor Plummer: It is still a fair position.
211 January 12, 1995
Mr. Knox: ...of the vendors. It is a very difficult question to get to this fairness issue, but I want
to try to describe the process in a way that I hope you'll find to be responsive to your questions.
And it is in the nature of the following, if you purchase a ticket to an event in the Knight Center,
there are categories of purchase price, you can sit in the orchestra, you can sit in the mezzanine,
or you can sit in the balcony. Now, the difference is that it is in the nature of general admission,
in other words, you pay the price for the category of seat that you desire, and you take the first
seat available within that category.
Vice Mayor Plummer: Let me stop you. I have no problem with section "C," the upper deck,
section "B" in the grandstand, or section "A" a box -seat, I have no problem with that and the
qualifications and the lotto.
Mr. Knox: All right.
Vice Mayor Plummer: I have no problem with that at all.
Mayor Clark: Let him finish.
Vice Mayor Plummer: And that should be the determination of the fee that they pay...
Mr. Knox: That's the way it's...
Vice Mayor Plummer: ...a 100, 150, and 200...
Mr. Knox: That's right.
Vice Mayor Plummer: ...I think that's the way that it should be...
Mr. Knox: All right.
Vice Mayor Plummer: ...OK. But as far as the interest of fairness, it's what I'm talking about,
that you ought to have... and I would hope, Willy, that you would come up with like 25 in
section "A," 25 in section "B," and 25 in section "C." God knows 75 vendors is enough vendors
in downtown Miami.
Mr. Knox: All right, now, and we haven't differed, yet. According to what has been agreed to
we are saying the same thing now. The only difference is by your scenario you would take an
individual and place that individual in a spot, and all we are saying is take 25 individuals and
allow them to participate in a zone, and the spot is either decided by market factors, or between
the vendors themselves. And I'll tell you one more thing, based upon the number of spots that
we know will become made available, and the number of persons who will do all of the
qualifications, including receiving a DDA certification, you are going to have more opportunities
than you have vendors in the first place. And your concern is not going to even come into
fruition. If that is not the case then of course you have all kinds of options and enforcement
provisions in the ordinance itself.
Vice Mayor Plummer: Why would you want to be less than fair? I don't understand.
Mr. Knox: But we... we... all we...
Commissioner De Yurre: George, George, why don't we do the following then, if we have three
categories, "A," "B," and "C" then we can say that an individual...
212 January 12, 1995
Vice Mayor Plummer: They ought to cap a number. How many in this one, on the original one?
Commissioner De Yurre: ...can apply for one of the three.
Mr. Knox: That's correct.
Commissioner De Yurre: They can apply for all three, they can apply for two of the three, but
they can have their choice of where they want to go into the lottery.
Vice Mayor Plummer: That's it, "A," "B," or "C."
Commissioner De Yurre: And that's it. They jump into one. And they...
Vice Mayor Plummer: What is... may I ask what is this present ordinance, does it cap in our
ordinance as it is before us now?
Mr. Maxwell: The ordinance before you does have a specific number of vendor locations.
Vice Mayor Plummer: And how many is that?
Mr. Maxwell: In vendor...
Ms. Weintraub: Sixty.
Mr. Maxwell: ...in zone "A" there are 59, in zone "B" there...
Vice Mayor Plummer: Fifty-nine in "A"?
Mr. Maxwell: Yes.
Ms. Weintraub: No, I don't think so.
Vice Mayor Plummer: She is saying a total of 60 in downtown.
Ms. Weintraub: There are a total of 60 on the three zones.
Mr. Maxwell: Yeah, in the three zones.
Vice Mayor Plummer: Uh?
Mr. Maxwell: In the three zones.
Ms. Weintraub: In three zones, yeah.
Vice Mayor Plummer: How many total positions are there on vendors now?
Ms. Weintraub: Sixty.
Vice Mayor Plummer: Sixty. I would be willing to go for more, I think that they were willing to
go... the downtown people, as I recall were willing to go for something like 83, I think I heard a
number. And I'll go to 80 right now, OK. But it's got to be fair. You know there are people
down there who are vendors today who under a system, even the system that is proposed, maybe
won't be there tomorrow. They can be there tomorrow if there's a fairness to the system.
213 January 12, 1995
Mayor Clark: You know, this is not fair to hold all these people up. Let's do something.
Vice Mayor Plummer: Mr. Mayor, I move that the ordinance before us as presented as a second
reading be adopted. I move that.
Commissioner Gort: Without the amendments?
Vice Mayor Plummer: Without the amendments which can be worked on in the next 30 days,
the next 60 days.
Mayor Clark: Is that right?
Commissioner Gort: I'll second it.
Mr. Ricardo de la Hoz: May I say something, please?
Vice Mayor Plummer: Sure.
Mr. de la Hoz: OK. Mr. Plummer, my name is Ricardo de la Hoz, 1048 S.W. 10th Avenue, for
the record. Mr. Plummer, when we met with you, all the vendors, originally, and we were given
all these new changes...
Vice Mayor Plummer: Yes.
Mr. de la Hoz: ...which is all these papers, we have... there has been no compromise at all as in
right now. The two main issues that you were concerned were the insurance, number one...
Vice Mayor Plummer: That's taken care of.
Mr. de la Hoz: ...costing us $300.
Vice Mayor Plummer: Well, sir, anybody in business has to have insurance.
Mr. de la Hoz: ...I understand, but those were your two main concerns, the insurance...
Vice Mayor Plummer: My insurance for my business is $8,800, sir.
Mr. de la Hoz: That's very... no, I'm saying that we have been compromising all the things that
you have requested us to do. You wanted the insurance... but the two main issues that you
requested were the insurance and that we pay something.
Vice Mayor Plummer: Yes, sir, exactly.
Mr. de la Hoz: Those were the two main issues.
Vice Mayor Plummer: Yes, sir.
Mayor Clark: All right, let's go.
Vice Mayor Plummer: Fairness was already taken care of, but the lottery...
Mr. de la Hoz: We did those two issues. Now, in order for us to be able to pay insurance, to be
able to pay rent, we need... in order to do that, we need to make revenue.
214 January 12, 1995
ME
Vice Mayor Plummer: Sure.
Mr. de la Hoz: In order to do the revenue, we need to have the stability that is right now in
downtown. When you mentioned that we brought you the map of 83 locations, which is there
right now, and you told us go ahead and find out how many vendors are actually there. We went
through all the locations, what is actually right now as we are talking right now, there are about
70 vendors in downtown. So there were actually 13 locations that were empty. So if there are
13 people that are willing to purchase the City license, the Dade County license, and the State
license, right now, being fair that you say it should be open to everybody, right now, for the past
ten years, whoever wanted, people from New York, people from Hialeah that wanted to operate,
the door has been open.
Vice Mayor Plummer: No, you are wrong, Ricky, and let me tell you.
Mr. de la Hoz: Why?
Vice Mayor Plummer: Well, I'll tell you why you are wrong.
Mr. de la Hoz: Yes, sir.
Vice Mayor Plummer: The reason they don't want one of those 13 locations, they are out where
nobody is to go in. You have the better locations, you are paying the fees, and what they want is
your location, that's what they want.
Mr. de la Hoz: OK. Commissioner...
Vice Mayor Plummer: They'll be more than willing to pay those fees.
Mr. de la Hoz: Commissioner, I will agree to that statement with one thing, with one thing,
where are those vendors? Where are those vendors that are willing to come in?
Vice Mayor Plummer: They are felt left out of the door at this time.
Mayor Clark: Wait a minute. Wait a minute. Just a moment, J.L. Listen, we've got a motion...
Mr. de la Hoz: Commissioner, we've been paying... we've been paying...
Mayor Clark: Please!
Mr. de la Hoz: Yes, sir.
Mayor Clark: We got a motion and a second on the floor for the ordinance. I'm going to call the
roll on this thing.
Vice Mayor Plummer: All right. That's what I said.
Mr. de la Hoz: This will completely destroy us.
Mayor Clark: One minute. Please.
Mr. de la Hoz: I'm sorry, Mr. Dawkins, you are the one that listened to us also.
Commissioner Gort: There is a motion and a second.
215 January 12, 1995
Mr. de la Hoz: I went.,. this exact ordinance was passed in Coconut Grove, exactly the same
ordinance. I went to the NET Office and I talked to the Administrator there which is a very nice
lady. I told her, "Listen, ma'am, my name is Ricardo de la Hoz, I came to ask you how has this
ordinance affected Coconut Grove?" She told me, "Ricky, this is what has happened. From ten
vendors, we have four vendors." OK. There were six vendors gone...
Mayor Clark: OK. That's fine. OK. Mr. Dawkins, you have the...
Mr. de la Hoz: ...now, we are selling..,
Mayor Clark: Please, please, sir.
Commissioner Dawkins: Mr. Knox.
Mr. Knox: Yes, sir.
Commissioner Dawkins: The 13 sites that he named, where are they located?
Mr. Knox: In the center of downtown. In the center...
Commissioner Dawkins: In... OK. In the center of downtown. OK
Mr. Knox: Yes.
Commissioner Dawkins: Give me a street coordinate and a corner.
Mr. Knox: OK.
Vice Mayor Plummer: Yeah, that it didn't have three others on the three corners.
Commissioner Dawkins: No. OK. Give me...
Mr. de la Hoz: I could tell you one, sir.
Commissioner Dawkins: No, no, no. Give me the 13. See, you told me 13, I don't need one, I
need 13.
Mr. de la Hoz: Yes, I will tell you.
Commissioner Dawkins: OK. Tell me. But you go to the mike and you tell me.
Mr. de la Hoz: OK.
Mayor Clark: Jesus Christ.
Mr. de la Hoz: If my mind serves me well, there is one Flagler and 3rd Avenue.
Commissioner Dawkins: Flagler and 3rd Avenue.
Mr. de la Hoz: In the corner of Perfumania.
Vice Mayor Plummer: Yeah. Oh, excuse me, now. Understand when you are hearing this that
there is construction there that has been going on for over a year and nobody...
216 January 12, 1995
Mr. de la Hoz: No, not in that site.
Commissioner Dawkins: OK. All right, where is the second one?
Mr. de la Hoz: OK, on Flagler and 1st Street, I meant in Flagler and Biscayne Boulevard there is
a location there that nobody goes to.
Commissioner Dawkins: OK. How many other vendors are at Flagler and Biscayne Boulevard,
how many you got there already?
Mr. de la Hoz: None. There is nobody there. Whoever wants to go...
Commissioner Dawkins: Nobody?
Mr. de la Hoz: Nobody. You mean in Flagler and Biscayne Boulevard?
Commissioner Dawkins: I mean wherever you are telling me.
Mr. de la Hoz: Go ahead, ask me the question, Commissioner Dawkins.
Vice Mayor Plummer: I'll do it. I change my motion. I'll make a motion that we adopt a
resolution with the lottery system.
Commissioner Gort: With the amendments that have been brought up today.
Vice Mayor Plummer: Yeah, with the amendments that are brought up today with a lottery
system. Wait a minute. Wait a minute. Willy, what about the number? I've got a problem with
the number.
Commissioner Gort: The number, put 83.
Vice Mayor Plummer: How about 25 per... how about 25 per section, "A," "B," and "C," is that
fair?
Mayor Clark: That is 75.
Vice Mayor Plummer: You want 20... 30 per section?
Mr. de la Hoz: Commissioner.
Mayor Clark: Please, please, sir.
Commissioner Gort: Seventy-five.
Vice Mayor Plummer: All right, we'll take 75. Twenty-five, 25, and 25, for "A," "B," and "C."
Commissioner Dawkins: All right, what now... all right, I'm going to go with your motion, J.L...
Vice Mayor Plummer: OK.
Commissioner Dawkins: But what is "A," what is "B," and what is "C"?
Vice Mayor Plummer: I will leave that to the...
217 January 12, 1995
Commissioner Dawkins: No, no, no. Somebody has to tell me now.
Ms. Weintraub: I can answer that right now.
Vice Mayor Plummer: OK. I was going to leave it to them to say "A" is the prime location, the
box seats, "B" is the grandstand...
Commissioner Dawkins: Yeah.
Vice Mayor Plummer: ...and "C" is the upper deck.
Commissioner Dawkins: OK. All right, is...
Vice Mayor Plummer: Now, they can... I don't know how many hot dogs Ricky sells or arepas...
Commissioner Gort: "A" is Flagler Street, "B" is the first streets, and "C" is the rest of the
streets.
Ms. Weintraub: Yeah...
Commissioner Dawkins: OK. Then is "D" and "C"...
Vice Mayor Plummer: There is no "D."
Commissioner Dawkins: ...on the corner of Northeast 2nd Avenue and 2nd Street by Miami
Dade Community College, what site would that be?
Commissioner Gort: "C."
Ms. Weintraub: Area "C."
Commissioner Dawkins: That would be a "C" site?
Commissioner Gort: Right.
Vice Mayor Plummer: "C."
Ms. Weintraub: Yes.
Commissioner Dawkins: All right, and an "A" site will be in front of the Courthouse.
Commissioner Gort: Flagler.
Commissioner Dawkins: On Flagler Street.
Ms. Weintraub: Correct, it's on Flagler Street.
Mayor Clark: OK.
Commissioner Dawkins: And now you are going to throw them all open to a lottery?
Commissioner Gort: No. There will be people... people...
Commissioner Dawkins: Well, what are you saying... how are you going... well, what are you
saying then? You just said the lottery, now you are saying, no lottery.
218 January 12, 1995
Commissioner Gort: No, what I am saying is, anybody who wants to pay the fee for "A" will go
for "A."
Vice Mayor Plummer: That's right.
Commissioner Gort: Anybody that wants to pay for "B" will pay for "B," and anybody who
wants to pay for "C," will pay for "C."
Commissioner Dawkins: OK. But see, I know some people...
Commissioner Gort: Then the selection of the individuals within that will have to be by a
lottery.
i
Commissioner Dawkins: I know some people who want to sell hot dogs, cannot sell hot dogs.
OK. So now you are telling me that if these people, and all of you know who they are, come up
with the fee and then they are entitled to go in front of the Courthouse and sell hot dogs.
Vice Mayor Plummer: No.
Commissioner Dawkins: Well, why? Why not? Why not?
Vice Mayor Plummer: They would be entitled... let me answer that as I understand it. They
would be entitled to be qualified in section "A" for the 25 lottery drawings.
Commissioner Dawkins: That is what I'm saying.
Vice Mayor Plummer: Yeah. But not automatically can go in front and start selling.
Commissioner Dawkins: Beg your pardon?
Vice Mayor Plummer: They would be qualified... there could be 40 people qualified in section
"All...
Commissioner Dawkins: Yes.
Vice Mayor Plummer: ...there would be 25 names drawn in section "A" and those are the 25...
Commissioner Dawkins: Yeah, but...
Vice Mayor Plummer: ...that would be on section "A."
Commissioner Dawkins: Yeah, but that 25, and those who do... who qualify and do not get a
site, get their money back.
Vice Mayor Plummer: I would say yes.
Commissioner Dawkins: See, you got to have some way to say that...
Vice Mayor Plummer: Sure, I would say, yeah.
Commissioner Dawkins: OK. OK.
Mayor Clark: All right. All over a hot dog. Let's move.
219 January 12, 1995
4
Commissioner Dawkins: OK. But I just want it understood that anybody who would want to
sell hot dogs in section "A" can pay the fee and get in the lottery.
Ms. Weintraub: And participate in the lottery process.
Commissioner Dawkins: All right, OK.
Mayor Clark: Don't talk about it more. Forget about it.
Mr. Maxwell: Mr. Mayor, that's exactly what is in front of you now.
Mr. de la Hoz: I'm sorry, Mr. Mayor.
Mr. Maxwell: That is what is in front of you...
Mayor Clark: Please, move over, let Manolo talk, he wants to say a word.
Mr. Manuel Gonzalez-Goenaga: I'm going to clarify all of this.
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: Following the words of our ex -president, Harry S. Truman, who once
said, "If you cannot convince them, confuse them." And I am going to try to... I want... I don't
want to sell hot dogs, I moved to the City of Miami to be able to be a peanut vendor...
Mayor Clark: OK.
Mr. Gonzalez-Goenaga: ...or an apple vendor...
Mayor Clark: Thank you, Manolo.
Mr. Gonzalez-Goenaga: ...the way this thing is going on.
Mayor Clark: Thank you, Manolo.
Mr. Gonzalez-Goenaga: And I thank God the high school boys left...
Mayor Clark: Thank you. Thank you.
Mr. Gonzalez-Goenaga: Because this is better than a comedy.
Mayor Clark: Yeah. Let me ask this question, Madam Clerk, do you have the... Listen, please,
Willy. Does she have the ordinance the way you want it now?
Vice Mayor Plummer: Yes.
Commissioner Dawkins: Read the ordinance, Madam Clerk, I mean Mr. City Attorney, read the
ordinance.
Mr. Maxwell: Yeah, just for clarification purposes so we understand exactly what the changes
are here, the ordinance would remain as it is written right now except for certain... well, it would
keep the lottery in it, as I understand the Commissioner wants. I'm trying to determine what the
amendments are.
220 January 12, 1995
Vice Mayor Plummer: OK. Let me try... let me try to simplify it for you.
Mayor Clark: Well, let him do it, J.L., he has to read it. What is it?
Vice Mayor Plummer: Oh, OK. Well, he was asking for clarification, Mr. Mayor.
Mayor Clark: You don't understand the ordinance?
Vice Mayor Plummer: I was the maker of the motion.
Mr. Maxwell: No, that's what we need to clarify. We need the motion to be remade, please, Mr.
Mayor.
Mayor Clark: All right. Somebody get on...
Vice Mayor Plummer: There shall be, for vending purposes within the so designated area that
shall be known as section "A," section "B," and section "C." Each section shall have a maximum
of 25 vendors who will apply, and if qualified, will pay a fee to be selected from a lottery for a
period of one year in a given location in the section which they so desire to be represented.
Those who are qualified and paid a fee, who are not given that opportunity that particular year,
fee will be returned to them. That is the motion which I made.
Mayor Clark: And it was seconded by Mr. Gort.
Vice Mayor Plummer: That is correct.
Mayor Clark: Call the roll, Madam Clerk.
Mr. Maxwell: I have to read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO
THE PUBLIC RECORD, BY TITLE ONLY.]
Vice Mayor Plummer: Only question that has been raised...
Mayor Clark: Call the roll, that very question...
Vice Mayor Plummer: No, Mr. Mayor, you got to... you got to clarify one other point. When
will this thing be started, and will it be on a fiscal year of October to October, I think that's fair, I
think that's what they wanted, was October to October.
Mr. Maxwell: The ordinance now requires October to October with notice in there. One thing
that was discussed was if we establish it now there is a short period, so the initial period would
be for this date to October of 96, and then one year from that point on.
Ms. Weintraub: Since we are so far into the year.
Vice Mayor Plummer: In other words, you would be more than a year.
Ms. Weintraub: For the very first year.
Mr. Maxwell: The initial year will be...
221 January 12, 1995
Vice Mayor Plummer: OK. OK. So in other words...
Ms. Weintraub: Like a 15 month year.
Vice Mayor Plummer: ...it would be done within 90 days.
Ms. Weintraub: Correct.
Vice Mayor Plummer: That's fine.
Mayor Clark: Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS, RELATING TO STREET VENDING;
AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
CHAPTER 39, ARTICLE 11, BY ESTABLISHING THE "DOWNTOWN MIAMI
SPECIAL VENDING DISTRICT"; REPEALING SECTION 39-17 ENTITLED
"LIMITATIONS WITHIN RESTRICTED VENDING DISTRICTS" IN ITS ENTIRETY
AND SUBSTITUTING A NEW SECTION 39-17 ENTITLED "LIMITATIONS
WITHIN DOWNTOWN MIAMI SPECIAL VENDING DISTRICT"; PROVIDING
FOR INTENT; PROVIDING DEFINITIONS; ESTABLISHING DISTRICT
BOUNDARIES AND DIVISIONS; PROVIDING FOR EXCLUSIVE VENDING
FRANCHISE OPPORTUNITIES AND LOCATIONS; PROVIDING CRITERIA;
PROVIDING FOR FRANCHISE LOCATION, FRANCHISE SELECTION AND
FRANCHISE FEES; ESTABLISHING PUSHCART DESIGN AND ACCESSORY
CRITERIA AND REVIEW; PROVIDING OPERATING REGULATIONS AND
LIMITATIONS; PROVIDING FOR ENFORCEMENT, REVOCATION AND
APPEALS; REQUIRING HOLD HARMLESS AGREEMENTS, INSURANCE, TAX
CERTIFICATES AND COMPLIANCE WITH APPLICABLE LOCAL AND STATE
REGULATIONS; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of November 17, 1994 was taken up for
its second and final reading by title and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11212,
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.
222 January 12, 1995
Mayor Clark: All right, thank you, all. Thank you, George.
Mr. Knox: Thank you, Mr. Mayor.
Mayor Clark: Thank you, sir.
----------------------------------------------------------------------------------------------------------------
61. (Continued discussion) DISCUSSION CONCERNING PROPOSED
INTERLOCAL AGREEMENT FOR OVERTOWN / PARK WEST
REDEVELOPMENT AUTHORITY. (See labels 7 & 18)
----------------------------------------------------------- ----------------------------------------------------
Mayor Clark: All right. On item... What is it, 11?
Commissioner Dawkins: Eleven.
Vice Mayor Plummer: Mr. Mayor, we only deferred this for Chairman Teele's appearance.
Commissioner Dawkins: He's here, he's here.
Vice Mayor Plummer: Is he here?
Commissioner Dawkins: Yeah. Chairman Teele is here.
Mayor Clark: He's been here for an hour.
Vice Mayor Plummer: Oh, I didn't see him. I'm sorry.
Mayor Clark: OK.
Vice Mayor Plummer: The other soul brother.
Commissioner Dawkins: OK.
Mayor Clark: Item 11. All right.
Commissioner Dawkins: Mr. Mayor, may I speak?
Mayor Clark: Mr. Dawkins, you have the floor.
Vice Mayor Plummer: Can you wait a minute?
Commissioner Dawkins: Chairman Teele and Miller Dawkins decided that there should be an
independent agency for the redevelopment of Overtown. At that time, Chairman Teele
developed a plan, and I developed a plan. Then we decided that... Chairman Teele had an
ordinance passed by his body that I disagreed with. I asked the Commission to let us develop an
alternate plan to compare. I also asked this Commission to have staff develop what they figured
would be a profitable plan for the redevelopment of Overtown. The only hang-up that Chairman
Teele and I have run into has been in defining what an independent agency consists of. That's
the only hang-up. So in order to make sure that everyone was on the same page, I asked the
Manager to have staff develop a plan to be submitted to the public, which the public could react
223 January 12, 1995
to, vote on, bring it back to this Commission, and this Commission vote on it, and take it to the
City... the County Commission and have the County Commission vote on it. That plan was
presented this morning to this City Commission. Chairman Teele, I apologize, because that plan
was not presented to you, and it was not presented to you, as you requested, simply because this
Commission had not acted on it, and it was not official until, in my opinion, until this committee
acted on it. Once this committee acted on it, then it was proper to present it to you for your
review. At the meeting this morning, this Commission also said that there would be a public
work shop, public hearing, or whatever you call it, at Booker T. Washington High School...
Vice Mayor Plummer: Middle School.
Commissioner Dawkins: ... Middle School, for citizens in that area to look at option one, which
we have; option two, or a third option for the Redevelopment Authority. You would also
understand how much money the City of Miami has put in Overtown, and we would know just
what we were working with, by the one that the County... was passed by the City Commission
this morning, and we chose option two, I request permission from this Commission to go before
the County Commission, just as Chairman Teele is here, and present option two to them, and see
how they react to option two.
Vice Mayor Plummer: Excuse me, Mr. Dawkins.
Commissioner Dawkins: Yes.
Vice Mayor Plummer: Excuse me for interrupting. To my knowledge, sir, and I'll stand
corrected, we did not make a choosing of either at that particular time. It was to be deferred for a
decision to be made at that meeting on February the 2nd. OK. Then after you make the decision
on the 2nd, then I request permission to go to the County Commission. OK?
Commissioner De Yurre: No. To correct it even further, we were going to have the meeting of
the 2nd...
Vice Mayor Plummer: Yeah.
Commissioner De Yurre: ... then that was for informational purposes. It was not a Commission
meeting. It was a meeting of the community. Then we would reconvene eventually at a
Commission meeting here right after that, a few days later, whenever, and then we would deal
with the issue for a vote.
Vice Mayor Plummer: Well, and I think, for the record, that everybody understands, the reason
we're not delaying that any further than necessary, but the next meeting of this Commission will
not take place until the 9th, so we decided to have it on the 2nd, because the Mayor will be out of
town with the Manager for a great deal of time in the interim, and that's why we changed our
Commission meeting.
Commissioner Dawkins: So I would just ask one question, and I will be finished. Of all the
people in the audience, how many of you have seen option one or two? Keep your hand up.
OK? See, only one person here is familiar with option one or two. So therefore, until the
meeting is held on the 2nd... And Chairman Teele has another one. This is not written in stone.
This has to be done as a unit, and for the benefit of all. But until the citizens in that area know
what we have and what we're doing, I don't intend to vote up here, you just heard the rest of
them say. Thank you, Mr. Mayor.
Mayor Clark: Thank you. Mr. Teele.
224 January 12, 1995
County Commissioner Arthur Teele: Mr. Mayor, how long? How long? How long must people
wait before the decision is rendered regarding Overtown? Let me review very briefly, Mr.
Mayor and members of the Commission. On July 7th, I believe, the Board of County
Commission reluctantly - and I'm very clear, it's a reluctant vote - agreed that the City of
Miami's Overtown/Park West Tax Increment District had been and probably will continue to be
adversely impacted by the continued development and expansion by governmental bodies into
what is now known as the Overtown/Park West area. As you will recall, the most recent action
mandated by the Circuit Court decision, in a need for more courtroom space, forced the County
Administrators to acquire from the RTC (Resolution Trust Corporation) a piece of property
known then as the Courthouse Square, and to make that property government property. That
particular building was a very valuable and viable generator to the Tax Increment District known
as the Overtown/Park West Tax Increment District. This occurred approximately six months
ago, or September of this past year. There was a lot of discussion by both County Staff, the
County Manager, who objected, to the loss of those tax increment dollars. That's important for
this reason. This Tax Increment District has been set up for over ten years. It is flat, it means
that the property values has not increased. In military language, it's dead in the water. It's not
going anywhere. It has actually gone, in financial terms, negative. And even before the County
procured the building for the court, for the court system, the Tax Increment District was very
flat. As you know, Mr. Mayor and members of the Commission, a Tax Increment District only
gains revenue when property values are increased. And as this Commission well knows, and
particularly the DDA (Downtown Development Authority) - and I'm pleased that Commissioner
Gort is serving as the Chairman of the DDA - that, in fact, Miami property values in many
portions of our community have actually been reduced. What this means is that the well thought
out, well timed, and quite frankly, enthusiastic support for the Redevelopment of Overtown has
been stalled. It hasn't been stalled because someone didn't care, lack of proper attention. It
just... It stalled for the same reason that most of inner city America is having a problem, money.
You can cut it up any way you'd like. You can talk about District 1, District 2, District 3,
District 4. If you're not talking about money, you're playing a game. And it's time that we just
put it all on the table. I cannot assure you, as a member of the Board of County Commission,
nor can anyone else, that Metro -Dade, the Federal Government, Miami -Dade Community
College are not going to continue to inch into what is known as the Tax Increment District. It's
inevitable. It's the only place for Miami -Dade to grow, it's the only place for the court system to
grow, it's the only place for Dade County to grow. I've recommended many times to my
colleagues that we build a transportation building, for example, that would house our public
transit and transportation components. If that building were to be built, it would probably have
to be sited somewhere in the Tax Increment District. It would have to be sited, quite frankly, to
get Federal funds, along the Overtown Station, which would further cut and erode the Tax
Increment District. Suffice it to say that we've been through this time and time and time again.
We have a community that was once a historic and vibrant community that has great citizens,
that has great history, great tradition, even more importantly, has historic... history. And as we
look at what has happened throughout America, we look at what's happened in Miami, and
Miami Beach, in particular, South Beach, the magic that has created South Beach is not so much
the ocean and the sun and the sand. It's those historic buildings, what we now call Art Deco. If
you look at the more stabilized portions of our community in the northeast, the area that you
would refer to as Morningside, the areas that.., where property values continue to increase, the
thing that has really stabilized Morningside in many ways is the historic nature of those homes,
and the historic value of the property. And Overtown has that, too. It has the historic folk life
village, it has the Lyric Theater, it has those homes and those buildings that have been sought to
be preserved, but have very little public support, both from the State, the City, and the County.
And so we come at a cross roads, and the question is, what are we going to do? Are we going to
continue to talk about it, define it? Are we going to play bureaucratic turf? Are we going to talk
about is it City, or is it County, or is it $20,000,000 that the City put up, or $40,000,000 that the
City put up, or $30,000,000 that the County put up, which really doesn't matter, because the
essence of what we have proposed from the County is what, quite frankly, has never been done
225 January 12, 1995
ypTi:
in Dade County, and probably will not be done again, if it's not done here. And that is that we
would recognize, for once and for all, from the County, that we do have a commitment to
Overtown, because we are, in fact, a part of Overtown. Downtown Metro -Dade Building, the
Stephen Clark Building, is literally one half of a block from the Overtown/Park West Tax
Increment District, the Courthouse Square Building being less than a half a block away. We are
a part of, and it is a part of our sphere of influence. And yet, we do not have an obligation, a
financial or governmental obligation to assist any of the 27 cities and municipalities in this
County, in what is, essentially, a municipal function. It was with, perhaps, strong objection from
the Management, and I'm pleased that the Assistant Manager, Dr. David Morris is here, who has
been assigned this responsibility, and I can tell you, if I can speak candidly, Dr. Morris, it was
not a warm, friendly, fuzzy discussion that we had. Dr. Morris and I, when we talked about it,
we agreed to give the $1,000,000 or so to the Tax Increment... $2,000,000 to the Tax Increment
District, because we were taking that property out. But I recognized then, as I recognize now,
that we have a commitment to ensure that Overtown doesn't just fall on its face. Now, I don't
know about these differences that Commissioner Dawkins has said that we have. I don't
disagree with Commissioner Dawkins, to my knowledge, on the point that there should be a
redevelopment entity, that there should be an independent entity, however you want to define
"independent." I'm willing to agree to that. What I think we've got to get to, Mr. Mayor and
members of the Commission, we've got to do something. I was in the Army, and the first thing
that the drill sergeant used to teach me, as a second lieutenant, as the men were marching, and
you'd try to figure out which hand is right and left, to call column right and column left, he'd
say, "Do something, lieutenant, even if it's wrong." And what I'm here today to say, Mr. Mayor
and members of the Commission, we've got to do something in Overtown. We've got to do
something positive. It's time that Overtown had a shot. Now, what we're offering, and what,
quite frankly, has gone back and forth, is very simple. The County has a resolution which I
authored and supported. As you know, a lot has happened. There is a new revolution going on
in Washington, D.C. I predict there will be rollbacks and not only budget freezes, I would
predict that the whole issue of CDBG (Community Development Block Grant) funding is going
to be up on the budget blocks as the Washington, D.C. process moves on. There's going to be
tremendous competition for what is known as discretionary funding. And I think that we really
have reached a point, Mr. Mayor, where if we wait until February or March, this may very well,
by our timing...
Mayor Clark: Arthur, you're talking about a week and a half.
County Commissioner Teele: This may very well, Mr. Mayor, wind up being off the table. The
County has no obligation, but the County has recognized the significance and... the significance,
the history, and the proximity, most of all, that the County has in its physical structures to
Overtown, and has offered and proffered to match the City with a $10,000,000, for a total of a
$20,000,000 pot, to simply jump start the Overtown redevelopment. At the end of the
redevelopment period, all of the redevelopment improvements - not half, but all - would accrue
back to the City and the City Government. And I think that's fair. And so we come here again
today, Mr. Mayor, after being... discussing this item ad infinitum, time and time again, very
explicit instructions. You pointed your finger, Mr. Mayor, instructed the Manager there was an
agreement that we'd have this out. We decided here and now, on January 12th, we would have...
And the words, I don't need to quote them. I mean, they're there on your record, that the
Manager would, in fact, present an interlocal agreement. And the question, simply, Mr. Mayor,
is, where do we go from here?
Mayor Clark: Well, I think Mr. Dawkins made it very clear when he stated that he wants the
people of Overtown - am I right or wrong?
Commissioner Dawkins: You're right, Mr. Mayor.
226 January 12, 1995
Mayor Clark: - to have some say in this, which they have not, up to the present time. And if
we've got these two and your resolution that we'll discuss there on February the 2nd, let them
make the decision. We'll abide by their decision, whether pro or con. That's what I believe, this
progress has taken place.
Vice Mayor Plummer: Can I be heard, Mr. Mayor?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Mr. Teele, what I think I heard today, which has not been broached on
here this afternoon, and I express the same concern, is the fact that the City has gone into a great
deal of expenses in certain projects that are presently there. The City has gone, a great deal of
dollars, into acquiring assets that are there. There was a lot of discrepancy in the discussion this
morning that were not answers that were given to us here at this table. For example, would the
Miami Arena, would that belong to the Independent Authority? The City owns the property or
did. We're selling it to the Arena. The money that we get back to pay the City $300,000 a year
for 20 years, does that go to the City, or does that go to the Authority? Would the Towers that
are there, would the Independent Authority assume the debt, the obligation? We had no answers
for that. I proffered this morning that maybe, there might be an alternative, and what I thought
maybe might want to be discussed, maybe, would be item "C," is the fact, any given number you
want - I said three; it could be five - that this City Commission appoint five members, the
County appoint five members, I said the State would be the chairman or the sixth, the middle
mean. Commissioner Dawkins felt it should be somebody from the Feds, who may be from
HUD (Housing and Urban Development) or somewhat like that. You know, you and I, in
discussing, thought that if we could get the City together, and the County together, and the State
together, our ability to get funds would be greater. I don't disagree that if we could get
somebody from the Feds involved, but I'm thinking, maybe, you know, as my old friend says,
the art of politics is a compromise. Is there an area that can be compromised? This
Commission, by the way, has not been involved in any of the negotiations. Mr. Bailey was over
there, and we did not have - we, the Commission... We. the Commission, did not have...
Mr. Herb Bailey (Assistant City Manager): You appointed a Commissioner for us to deal with,
and we have...
Mr. Cesar Odio (City Manager): Like you do with other projects.
Mr. Bailey: Yes.
Vice Mayor Plummer: Did you go to any meetings?
Mr. Odio: Commissioner Dawkins...
Commissioner Dawkins: I sent staff, Mr. Plummer.
Vice Mayor Plummer: Well, OK, but what I'm saying is, we the Commission... Let me speak
for J.L. OK? The only information I got is what I got here at this table today. That's basically
what I got.
Commissioner Dawkins: Wait. No, no, no. Now, I've sent you more than what you got here at
the table.
Vice Mayor Plummer: Excuse me. Your memo, I got, "A" and "B."
Commissioner Dawkins: OK. All my memos. OK. Don't say that you haven't been informed,
Mr. Plummer.
227 January 12, 1995
Vice Mayor Plummer: So I'm just wondering, as the Mayor just said, Arthur, that if we have
this meeting on February the 2nd, could we make a guarantee that we would have a decision on
our meeting of February the 9th? And I think that's the... As I see this, and somebody tell me if
I'm wrong, the County doesn't have to get involved. They really don't benefit at all by being
involved. Where does the County come out a winner by being involved, other than the fact that
they're going to contribute money? I don't see the positive for them. Now, the problem, as I
said this morning, and I caught hell for it, you know, the City has done some things in there, but
overall, it's not been something that we're all proud of. And the real reason, you hit right on the
head, is money, money, and money. When we spoke this morning about the 108 funding, the
bonds, that the County joining with the City, and possibly another agency, could go out for more,
and bigger, and better bonding. Maybe the time of 30 years is too long. I don't know. Maybe
20 years is what we should be. I'm just saying that I think that you need to get participation of
negotiations from the people who are voting, and that's the way I feel.
County Commissioner Teele: Commissioner Plummer, may I respond? Look, you know, I
respect what you're saying, but if you believe that we're going to have a meeting at Booker T.
Washington, and we're going to decide what's in and what's out, if we're going to decide any of
those issues that ultimately are going to come back to the City Commission, I mean, so
whether... Whether we meet at Booker T. or not, and I have no objections at all. Commissioner
Dawkins and I have both had town hall meetings on this issue. There are a number of people
from Overtown that have been in those meetings, I mean, you know, but this isn't the time, I
guess, to debate that. I mean, obviously, this is another delay, and obviously, there is some
resistance to this. And that's fine, Commissioner Plummer, but let me just say this. The County
has no vested interest in this. The only thing that we get out of this is the stability in the
neighborhood in which we have a physical presence. And if you want to hear some horror
stories, you talk to the people over there at the Arena about the number of times vehicles have
been burglarized, or the kinds of activities that have gone on. We've got to stabilize these
communities, and we can't just lock up people to stabilize communities. We've got to create the
kind of environment for economic development, for business development, so that the children
in Overtown have the same kind of opportunities that the children in other communities have.
There are no real businesses there.
Mayor Clark: All right. Mr. Dawkins.
Commissioner Dawkins: I take issue with what Commissioner Plummer said, in that since 1981,
there was supposed to be a joint effort to develop Overtown and Park West. Every time a
building was put east of the railroad track, one was supposed to be put west of the railroad track.
Now, for some reason, this Commission has not committed itself to the redevelopment of
Overtown. We have failed to redevelop Overtown, and we can... And I don't care how often we
meet. I don't care where we meet, but unless you give the people in that area something of
materialistic value, you're wasting your time. Even when the Lord had the 12 disciples and they
were following him, each afternoon, he took a rock and turned it into bread. That was substance.
We don't have... What do we have of substance that we're promising the people in Overtown?
Even when the Lord had all these people and he had to feed them, the Lord took five loaves of
bread and two fish. Substance. Fed everybody and had something left over.
Vice Mayor Plummer: Forget about the bread. What about the wine?
Commissioner Dawkins: Well, see, the wine he took... They brought the water, he turned the
water into wine. OK? But it was something of substance. I don't hear us telling the people in
Overtown that you're going to end up with nothing materialistic. All we're saying to you is, you
let us plan for you, you let us come up with a plan, and the County is not responsible. Hogwash!
If you look on your tax receipt, those of us who live in the City of Miami, you will see a charge
228 January 12, 1995
that says "County tax." The County taxes me, because I live in the City. So don't tell me they
aren't responsible, they're not supposed to do nothing for me. They are supposed to do
something for us. But all I'm saying to all of you is, don't let Commissioner Teele,
Commissioner Dawkins, or no five Commissioners up here give you anything that's not of
substance. You don't need no plan. We got enough plans. We need to know how you're going
to get some money to provide some jobs where people can buy decent homes, and people can go
to the grocery store. Now, that's when you are helping the people in Overtown. All this other,
about a redevelopment area, and we can't wait, and we got five minutes to wait, nothing.
Mayor Clark: OK.
Vice Mayor Plummer: Mr. Bailey.
Mr. Bailey: Yes.
Vice Mayor Plummer: How much money do we have in the Overtown/Park West Development
Fund?
Mr. Bailey: How much do we have?
Vice Mayor Plummer: What's the balance?
Mr. Bailey: In the trust fund?
Vice Mayor Plummer: In the trust fund. What's the balance? Roughly. I'm not asking to the
penny.
Mr. Bailey: Well, we probably have around $2,000,000 currently in the fund.
Vice Mayor Plummer: About $2,000,000.
Mr. Bailey: However, I have to say to you, Commissioner, we collect a considerable amount
each year, and along with that we have, we are able to pay our debt. And just for your
edification, that through what we project as collection, based on what we have already on hand,
we can probably satisfy our obligation for the next seven to nine years.
Vice Mayor Plummer: My point, very simply, is that if you have $2,000,000, and you have such
a tremendous area, what kind of an impact can we expect if we do it alone with $2,000,000?
Mr. Odio: You can't touch those $2,000,000. We have to have that reserved.
Vice Mayor Plummer: Oh, OK. Where is the money going to come from to make a difference
in Overtown/Park West?
County Commissioner Teele: Commissioner Plummer, let me just make you clear on one point.
You have $2,000,000...
Vice Mayor Plummer: Sir, when you work for me, I'll listen to you.
County Commissioner Teele: All right. But let me just...
Vice Mayor Plummer: Let him talk, and then I'll listen to you.
County Commissioner Teele: May I just clarify one point?
229 January 12, 1995
Vice Mayor Plummer: Go ahead.
County Commissioner Teele: You have $2,000,000 because we wrote you a check for
$2,000,000.
Mr. Odio: That's correct.
Mr. Bailey: I don't think...
Vice Mayor Plummer: OK, that's a good point. Now, my point is, if we continue to go it alone,
as we have for ten years, where are we going to get the funds to ever develop Overtown?
Mr. Bailey: Commissioner, may I give you...
Commissioner Dawkins: Wait. Let me ask J.L. Plummer one question.
Vice Mayor Plummer: All right, sir.
Commissioner Dawkins: Where is the County going to get the money from to develop
Overtown?
Vice Mayor Plummer: Sir...
Commissioner Dawkins: Now, you're talking about the City. Where will... Now, you're talking
about if we go it alone. Where will the County get the money from to match whatever you need?
Vice Mayor Plummer: Sir, that is their problem. I was...
Commissioner Dawkins: No, it's not their problem.
Vice Mayor Plummer: Excuse me. It is their problem.
Commissioner Dawkins: It is not.
Vice Mayor Plummer: I will accept their commitment of $10,000,000. Now, if they can't live
up to their commitment, don't come down here making promises you can't keep.
Commissioner Dawkins: Yeah, but you just...
Vice Mayor Plummer: Now, did you... Is not the County offering...
Commissioner Dawkins: All right. OK, well then let me ask you a question.
County Commissioner Teele: The resolution is...
Commissioner Dawkins: Wait a minute, Mr. Chairman. You asked about what impact, what we
have will make in Overtown. What impact will $10,000,000 have on Overtown, Mr. Plummer?
Vice Mayor Plummer: My answer to that, sir, is $10,000,000 more than what we've got today.
Commissioner Dawkins: But, you see, that's what I'm trying to tell these people out here. What
of substance are you going to give them with the $10,000,000?
230 January 12, 1995
Vice Mayor Plummer: I'm going to try...
Commissioner Dawkins: Just don't sit here and tell them that we're going to make a beautiful
$10,000,000 available, and we aren't going to produce anything with it.
Vice Mayor Plummer: Mr. Dawkins, I'll answer you this way, sir. You're my dear friend, and
you're going to continue to be until the day comes...
Commissioner Dawkins: And I couldn't care less, as long as you don't handle me
professionally.
Vice Mayor Plummer: Ha! A freebie. I don't bury freebies. Until the day comes, we are not
going to give them any bread in their hands, as you spoke to. That's not what they're here for, as
I understand it. You know, the old story- -if you want to be a preacher, then it's my turn to be a
preacher - give a man a fish, and he eats today. Teach him how to fish, and he eats the rest of his
life. Now, what I'm saying to you is that Overtown is never going to be what we want, and what
they think it should be until it's developed. Once you develop, you're going to have housing.
Once you develop, you're going to have jobs. Once you develop, you're going to have
recreation, you're going to have parks. But you're not going to do it without money. We have
no money. They were willing to come up... Now, again, Mr. Teele, did I understand correctly
that the County... that you have committed $10,000,000?
County Commissioner Teele: Dr. Morris, was that resolution passed in July of... when? And did
it specify $10,000,000? This, again, on July 12th of this past year, the County passed a
resolution indicating that the County would place $12.5 million over a ten-year period, a sum not
less than $12,000,000.
Commissioner Dawkins: Over 12... That's $2,000,000 a year, not ten.
County Commissioner Teele: It's ten... It's $10,000,000... The way this was calculated was
$10,000,000, plus $2.5 million over the ten-year period in in -kind services, under the
agreement...
Vice Mayor Plummer: Of course.
County Commissioner Teele: ... with the agreement that the City would provide a like amount
of money.
Vice Mayor Plummer: Of course. Now, Mr. Manager, or if Mr. Carlos Garcia is here, whoever
can speak, it is my understanding that if we go for the 108 bonds, for the 108 funding...
Mr. Odio: Loan.
Vice Mayor Plummer: OK? That if we make a joint application of the City and the County, and
if the State or the Feds, whoever is the other party involved, if there is another party, then our
chances would be much greater, and we could endeavor more money in a combined effort than
we could going it alone. Is that a correct statement?
Mr. Odio: In the 108, what you're doing is pledging your CDBG future funding.
Vice Mayor Plummer: But they can do the same as we can for the backup, and more money
could be gotten.
Mr. Odio: You cannot get more than... I believe we have $14,000,000 a year. I believe the rule
is...
231 January 12, 1995
Vice Mayor Plummer: Please, don't speak to the dollar amount. Mr. Manager, what I was
asking...
Mr. Odio: But it's to be paid back.
Vice Mayor Plummer: ... as a joint venture of the City and the County together, could there not
be application for bigger and better amounts than if we went individually, alone?
Mr. Odio: I don't know the answer to that, because they would have to pledge your CDBG
funding to be paid... You know, we have to pay those back. So I don't know if combined, you
get more.
County Commissioner Teele: I think... Commissioner Plummer, if I may. Combined, I don't
think we get any more dollars. I think combined, we have greater assurance that Washington
will see this as a joint effort, and would be more responsive to trying to provide discretionary
grants.
Vice Mayor Plummer: I think also, the State of Florida would be.
County Commissioner Teele: And again, it's no magic. The County was proposing to do a 108,
as well. I mean, so that was where we were getting the money from, as well.
i Vice Mayor Plummer: Where does the time limit of 30 years come in? Was that an arbitrary
number, or is that the amount of time to pay off the bonds? Could it be less than 30 years that
this thing is put together? Can it be for 20 years? I'm trying to find an area of compromise.
Commissioner Dawkins: I'll tell you an area of compromise.
Mr. Bailey: I would like to respond.
Vice Mayor Plummer: I'm listening.
Commissioner Dawkins: Redevelopment, replacement, all means the same thing - moving us
out of the area. And when I say something of substance, I'm saying that we retain ownership,
you got me. The homes that you're going to build, or the apartment buildings, or what go to us.
You're going to redevelop Overtown, and nobody in Overtown is going to be there. There's no
jobs. They can't afford to stay there. So who are we fooling? You know, are we sincere, or are
we... You know, if you're talking about redevelopment of Overtown for Overtown residents...
Vice Mayor Plummer: If we do it alone...
Commissioner Dawkins: ... then tell us what you're going to give them of substance. How are
you going to give them...
Vice Mayor Plummer: Well, tell...
Commissioner Dawkins: What homes are you going to provide for them? The jobs for them to
pay for those homes, what... so that they can buy food, then you're talking about redevelopment.
If you're talking about replacement, then that's a different thing. Then you can come up with
$10,000,000, you can come up with $5,000,000, and you can... You can move this house, and
move 40 more people out from Overtown. You can go to this block, condemn that, and move 60
more people from out of town, and the people in Overtown will no long... will be no better off
than they are now.
232 January 12, 1995
Vice Mayor Plummer: What, Mr. Dawkins, would be the difference, whether we retained the
ownership of the property or an Authority owns it? If they can't afford it, they can't afford it.
Mr. Bailey: Commissioner...
Commissioner Dawkins: It was not my idea of a Redevelopment Authority. OK? That's
something that was brought here and we accepted.
Mr. Bailey: May I...
Commissioner Dawkins: I've been saying from day one, it's time that you get people back in
Overtown to own property in Overtown. I've said from day one... How many million dollars
you say you got, Mr. Bailey?
Mr. Odio: Two million.
Commissioner Dawkins: I mean... Two million?
Mr. Bailey: That is not for redevelopment, Commissioner.
Commissioner Dawkins: OK.
Mr. Bailey: I would like to...
Commissioner Dawkins: OK. How much money do we have available for redevelopment?
Mr. Bailey: I would like to...
County Commissioner Teele: Not a dollar.
Commissioner Dawkins: No, no, no. Just answer my question. How much money do we have
available for redevelopment?
Mr. Bailey: Commissioner, to answer that question, I have to make a statement. I cannot give
you a blanket dollar amount answer, because I want to get into the points that Commissioner
Plummer made, and the ones that you're making about the dollars, because it's not about money.
We're off on the wrong track.
Commissioner Dawkins: OK. Go right ahead.
Mr. Bailey: And I would like to make a statement.
Commissioner Dawkins: Go right ahead, sir. I want to hear your statement.
Mr. Bailey: OK. The reason we feel that an Independent Redevelopment Authority is
necessary, and would perhaps get much better results in Overtown is that, as I said this morning,
it will remove itself from the bureaucracy and the politics. We have today, on the record, $51.7
million in assets. We have, in that $51.7 million in assets, $34,000,000 in property. And within
that $34,000,000 in property, we have several, at least five vacant lots, City blocks now, that
need to be developed. And the problem with getting those blocks developed and getting the
private sector in there to make the investment, to generate more taxes, to put more money in the
trust fund so that we can borrow more money, to put more money into Overtown, is that we have
to have the flexibility to deal with the private sector at par with the private sector mentality. And
233 January 12, 1995
I've said for many years, even before this came up, and I have submitted it to this Commission in
writing that the best way for us to function is to be outside of government. It has come about
again that we have now, at this point, begun to have a serious discussion about what the results
will be if we remove this process and put it outside of government. I'm not that concerned about
how much money we have. I'm concerned about, what can we do, once we get the flexibility to
do it. We have spent to date... to date, out of the City's coffers, $52,000,000. Before I came
here... And I did an analysis of the all of the CD (Community Development) money, the NDP
(Neighborhood Development Program) money, and the Community Development money that
went into Overtown was $100,000,000, and you saw no difference. So I think when we start
talking about money, it's like going into business, and you're a bad manager, and you keep
money in there, the business doesn't get more successful. This is a whole different process that
we're trying to get government to understand. The reason we went to Washington and we talked
about the Pennsylvania Avenue Development Authority, and the one thing that was most
prevalent in that Authority was that they had the independence to get the job done. They had the
ability to deal with the private sector. They had the ability to leverage their assets, to make more
money come into place, and had the ability to make deals. I'm saying making deals, saying that
the City of Miami does not seem to be too popular, but that's what it's about. We can take what
we have... And we've just borrowed another $7.3 million. In fact, just last week, we closed on
two and a half million dollars to build the citadel. It's not that we have a lack of dollars. We are
now asking, at least what is being proposed here... And I'm not saying me, but I'm giving you a
professional opinion, based on the experience I've had over the years, on how these kinds of
things function. To do this properly, and to get the benefits that the City needs to have, to get the
tax base back up, to get Overtown to be something other than what it is, we have to do it in a
way in which we can invite private sector dollars. If we do not get private sector dollars, I don't
care how much money you get from Washington, or from anywhere else, it will never make a
difference. If the private sector doesn't buy into it, forget it. That is the only thing that I
understand this is trying to do. We're trying to get this done in such a way that we can function -
we, the City and the County - can function in an independent manner and get the kinds of money
we need.
Vice Mayor Plummer: Yeah, but, Mr. Bailey, please...
Mr. Bailey: I'd like to make one more point, Mr. Commissioner.
Vice Mayor Plummer: All right. Then, I'll wait.
Mr. Bailey: You directed us to go back and do an interlocal agreement. I have to make one
apology. Because of the complexity of that agreement, we did not get the final draft of it today
with all of the proper components within it to ensure that this City Commission and the City
would be protected until this afternoon about two, three o'clock. We do have it, and we will
have it finalized tomorrow. And it's not a matter of not wanting to do it. It's a matter that it's a
very complex document, and we worked on it with our law... our City Attorney's Office,
Holland and Knight, and our staff, and we worked around the clock on it. We have put
everything into that document that would give you the assurances that what you have asked us to
do for an Independent Redevelopment Authority, it is there. The City is protected, the County
commitment is in there. If something does not come about because of our involvement or the
County commitment, then there is no deal. But everything that you need to have as an assurance
has been put into this document, and it will be available to you tomorrow.
Vice Mayor Plummer: Let me tell you, Mr. Bailey, where I very much disagree with you.
Money will make a difference, and it will make a difference this way. Because if you have
money, you can entice the private sector, such as... Remember the Omni? How did we get
Omni? This City put up a half a million dollars to do the underground work, the sewer work,
and whatever else was necessary. If you've got those kind of dollars that you can afford to give
_ - - 234 _ --January 1-2, 1995
to the private developers, you can entice them to come. It takes that. Remember MC... What is
it? - MCI?
Mr. Bailey: We have already done that, though.
Vice Mayor Plummer: But I'm saying... No, we haven't done it, obviously...
Mr. Bailey: We've spent $52,000,000 for enticement already.
Vice Mayor Plummer: Mr. Bailey, we have obviously not done it enough. We have a man here,
Mr. Mayor, that we will be hearing today. This man is coming here today to ask us to put in a
chicken factory or whatever it is in Overtown to create jobs. Now, he's asking for enticements,
and I think this Commission is going to bend over backwards to accommodate this individual to
go into that area, where everybody else is scared to go, and he's going to create, as he tells me,
40 jobs. That's 40 people today who can be working that are not working yesterday. But what
I'm saying is, if you have money, it takes money to make money. You get enticements for the
private sector, you offer them goodies to come in there and to develop. You offer them tax
abatement. You offer them many, many things that, if you have the money, you can do...
Mr. Odio: You are right, and he is right.
Vice Mayor Plummer: ... and if you don't, you can't.
Mr. Odio: Everybody is right.
Mr. Bailey: We cannot do that as efficiently within government as we can without.
Vice Mayor Plummer: Oh, I didn't say that you could or you could not.
Mr. Bailey: And everything you said is correct.
Vice Mayor Plummer: I was disputing your statement, which was that money is not important.
Mayor Clark: Hold it, hold it, now, wait a minute. You've had enough at this. Willy has
something.
Mr. Bailey: It's not the most important issue here.
Vice Mayor Plummer: Sure.
Commissioner Gort: Mr. Mayor, correct me if I am wrong. I might be confused, but my
understanding is that we all agree in the redevelopment to be done. We all agree that staff
should go and draft a document, all of us working together, and that document would come back
to us. And a lot of the doubts and questions that we have should be answered in that document.
Am I correct in that understanding? I think we're all saying...
Mr. Bailey: We have all of the answers that you... questions that you have, that I have heard this
morning, we have those answers.
Commissioner Gort: OK. So what I'm hearing is, we're all agreeing to the same thing. There
might be some little differences, and the Commissioner would like to present this to the public
and to the residents of Overtown. I don't have any problem with that. I think a decision can be
made, if we get those documents as soon as possible. We can make a decision on the 9th. Am I
incorrect in assuming that?
235 January 12, 1995
14
IE
Vice Mayor Plummer: That's what I suggested, we have the meeting on the 2nd and...
Commissioner Dawkins: Say what, now? Say what?
Commissioner Gort: My understanding is, we're going to have a public hearing on February the
2nd.
Commissioner Dawkins: Mm-hmm.
Commissioner Gort: The document that is being drafted...
Mr. Bailey: It's finished.
Commissioner Gort: ... by our staff is finished, and we're going to get it tomorrow...
Mr. Bailey: We got it this afternoon and we...
Commissioner Gort: Everybody should be getting it by this afternoon.
Commissioner Dawkins: Let's just say tomorrow.
Commissioner Gort: ON, let's say tomorrow.
Commissioner Dawkins: Yes.
Commissioner Gort: My understanding is this document should be in our hands by tomorrow.
Mr. Bailey: Yes. We will tell the attorneys to do the final draft, to do the final document.
Commissioner Dawkins: All right. Go ahead. Go ahead, Commissioner Gort.
Commissioner Gort: With this document, or whatever new ideas we have, we're going to have
the public hearing on the 2nd.
Commissioner Dawkins: Right.
Commissioner Gort: All these documents, all these plans will be presented on the 2nd.
Commissioner Dawkins: Yes.
Commissioner Gort: We'll hear from them, and I think we can sit down on the 9th and make a
decision. Elm I correct in that?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: Can I suggest to you, Mr. Gort, that under the so-called mutual
admiration society, we give them copies of the documents so that they can...
Commissioner Gort: To everyone.
Vice Mayor Plummer: ... they'll be prepared to speak to the same issues on the 2nd.
Commissioner Gort: Right.
236 January 12, 1995
Mr. Bailey: Yes. We are... in fact, that's one of the permissions we want to ask today. Is it
permissible to provide the County with the finished document?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: Sure.
Commissioner Dawkins: Of course.
Mr. Bailey: You have not seen it, but we would like to give it to them.
Commissioner Dawkins: It's a public information. It's public information.
Mr. Bailey: It will be public tomorrow.
Commissioner Gort: I mean, we're going to be... If we're going to get married, let's not keep
any secrets.
Mayor Clark: That's for the people of Overtown, too.
Commissioner Dawkins: Yeah, the people of Overtown. Put it in every church in Overtown.
Put it in everywhere over there, so people can have a chance to... See, this is what I'm saying,
put it over there so people can know what you're talking about. Don't go there with a bunch of
rhetoric, and most of the people don't know what we're talking about. So put ten or 12 in each
church in Overtown, and let the ministers distribute it to the people in Overtown, so that when
we meet, we know what we're talking about.
Commissioner Gort: I have an additional question. Mr. Bailey.
Mr. Bailey: Yes, Commissioner.
Commissioner Gort: On this document that we're putting together, are we also putting the scope
of services, of goals that are going to be done by this Redevelopment Agency?
Mr. Bailey: Yeah. May I explain the document just summarily?
Commissioner Gort: Yes, sir.
Mr. Bailey: This document, which is the interlocal agreement, which you told us to put together,
is simply the agreement that the County and the City will adhere to in putting, having the
Redevelopment Agency put together. It explains the liabilities, it explains the commitment, it
explains the responsibility of the County and the City, and what they will transfer to the
Redevelopment Authority.
Mr. Odio: Herb, if I may. What you want, Commissioner, I think that the Empowerment Zone
application, and the goals and objectives that were set for Overtown should be adhered to, and I
think we... the County will agree to that, that should...
Commissioner Dawkins: But you don't have to vote up here. You can recommend, OK?
Mr. Odio: No, but I... That's what I recommend.
Commissioner Dawkins: OK, you recommend.
237 January 12, 1995
Commissioner Gort: Let him finish his...
Mr. Bailey: We think, and we feel very strong that what we have put together, which has taken
us quite some time, with a lot of reviews, and a lot of rewriting, and we think we have some of
the best legal minds to do it for us, is what this Commission, and what has been suggested that
the County Commission involve itself with this Commission to do.
Mayor Clark: Arthur...
Commissioner Dawkins: And provide each County Commissioner with a copy of what you're
going to provide us with in the morning.
Mr. Bailey: We will give them copies, and we will give you copies, and we will distribute...
Commissioner Dawkins: And send it through the Mayor's office. This is for your information.
Mayor Clark: Yes. That's what we'll do, Arthur.
Mr. Bailey: Now, this is the interlocal agreement, which is merely an agreement between the
County and the City to do something.
Mayor Clark: I know. OK. You may seem frustrated, but I think we're moving properly.
Commissioner Gort: OK.
Mayor Clark: Give us until tomorrow to get this document. You'll have a copy of it as soon as I
get it.
County Commissioner Teele: Mr. Mayor, there were a number of other persons who wanted to
speak. I want to express my apology to those persons that have come, but obviously, I guess
we'd be better off...
Mayor Clark: Save it for that...
County Commissioner Teele: ... speaking at the public hearing or at the...
Mayor Clark: That's right, or over at the February 2nd meeting.
County Commissioner Teele: ... at the February 2nd meeting.
Mayor Clark: Be fresher. What time do you want to have it, accommodate it?
Vice Mayor Plummer: Six -thirty is what they were talking about.
Mayor Clark: What time?
Vice Mayor Plummer: On February 2nd? It was six -thirty, they said.
Mayor Clark: Six -thirty?
Mr. Bailey: Actually seven.
Commissioner Gort: Seven o'clock.
238 January 12, 1995
Commissioner Dawkins: Seven o'clock.
Vice Mayor Plummer: Seven o'clock, fine.
Mayor Clark: February the 2nd, seven o'clock.
Vice Mayor Plummer: May I strongly suggest, Mr. Mayor, since this document, I'm told is
nine...
Mr. Bailey: Seven pages.
Vice Mayor Plummer: ... seven pages, that it immediately be put on Channel 9.
Mayor Clark: All right, excellent.
Commissioner De Yurre: Mr. Mayor.
Mr. Bailey: Sure, sure.
Vice Mayor Plummer: Put it on Channel 9. That's free advertising.
Mr. Bailey: Sure, OK. All right.
Commissioner De Yurre: Mr. Mayor, if I may, just a couple of comments. You know, my
concern, and Miller expressed it to some degree, is that when we talk of redevelopment, what
we've seen so far in Overtown is displacement. Because I would like to ask, how many people
that lived in the area where the Arena is live now in the Towers right there? Probably not too
many, or none at all. So I don't want to mislead people and I don't want to be misled into
thinking that the people that live there, if we're going to raise four, five or six City blocks, that...
to tell those people that they're going to be living there in better units, and they're going to have
a job, because that is not what has happened in the past.
Mr. Bailey: Commissioner, just to respond to that, there is a part of the redevelopment plan that
talks about last resort housing. It is not envisioned that everything will be demolished right
away. We're currently looking at 500 units that we feel can be appropriately put into home
ownership within the district. It is not... And I know people call me the demolition ball, but
there are certain things you have to tear down, and there are certain things you can save. It is not
the intention to tear everything down. And we do hope that when this is completed that we
would have done it in such a way that we will not disenfranchise those people who live in
Overtown, who can, through some way of changing their economic means, can live in Overtown.
Commissioner De Yurre: Because, you know, what's going to happen is, the first time they start
to demolish an area, we're going to have the people that live in those properties coming to us to
help them keep their property, because they know they're going to be gone. OK?
County Chairman Teele: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: And that's a problem...
County Chairman Teele: You know, this issue...
Rah
Commissioner De Yurre: Mr. Mayor, am I talking?
Mayor Clark: Go ahead.
Commissioner De Yurre: You know, Art, please. Hey. I want to know what's going to... what
examples we're going to have to make a decision. Because I can see an instrument, and as
attorneys, we can read them just as well as anybody else. I want to know examples of how this
Authority would be better than us doing it ourselves. I want to know where they're going to get
additional funding that we cannot get by ourselves. I want to see where people are going to be
better off by this agency than by us doing it by ourselves. And unless i get that kind of
understanding, I can't be in favor of it. Just so we understand where we're at, I want to know...
I have to protect the people, because right here, nobody has seen any document, yet they were
here to support a concept, but they have no idea what they were supporting, because they
haven't seen the instrument, you know?
Vice Mayor Plummer: I'm sorry.
Commissioner De Yurre: So we need to make sure that everybody knows what we're talking
about, that they understand the ramifications of it.
Vice Mayor Plummer: Well, I understand one thing, Victor.
Mayor Clark: Hold it, hold it, hold it.
Commissioner Dawkins: Mr. Teele wants to speak.
Vice Mayor Plummer: I'm sorry.
Mayor Clark: Arthur.
County Commissioner Teele: Mr. Mayor, I won't presume to insult any of the people that are
here, and I'm sure that no elected official would intentionally insult people that are here. Most
of the people that are here have sat through public hearings in Overtown. What was that, in
April? April. We had 150 people in April, and subsequently, in May. We've had neighborhood
meetings on this. Most of the people are here to do exactly what, and protect themselves exactly
against what has happened in the past. Let's be very clear. We don't need to go over this too
many times. There is a Redevelopment Authority today. And all of the horrors that
Commissioner De Yurre has just explained, with all due respect to you, Commissioner Gort, and
you, Mayor Clark, who were not here, all the horrors of people being displaced, and the kinds of
descriptions that Commissioner De Yurre has correctly pointed out, there's only one Authority
that you can blame, and that is the Board of City Commission for the City of Miami, because
you are the Redevelopment Authority. And if you want to ensure that there will be protection
against that, which is what most Redevelopment Authorities have, which is to have
neighborhood participation by having three or four people appointed by the City, one or two
appointed by the County. The State law limits... The State law limits the number of people on a
Redevelopment Authority to seven. It's to ensure that redevelopment is, in fact, the last resort.
One of the things that we would hope... The term "redevelopment" is really a bad term in the
context of what's happened in many communities like Overtown in the past. I would prefer that
the term be "revitalization," but the State law speaks to Redevelopment Authority, and that's
what we're talking about. But the notion of revitalizing, which I'm sure Mrs. Fields and other
persons... I see Mrs. Shoe, with the Historic Society, and many other persons would just as soon
lay down before a wrecking ball and let it hit them, before they would let you... see the
Commission of the City, or the County, or any other Authority destroy historic and valuable
property. So I think what we're talking about is not just a Redevelopment Authority. We have a
240 January 12, 1995
Redevelopment Authority. We're talking about a Redevelopment Authority that, by the terms of
the agreement from... that has been proffered may include elected officials from the City, but
would involve persons - say again? - but would involve persons from the community that would
try to balance the need for redevelopment with revitalization, and at the same time, would be in a
position to attract dollars. Now, let me just say this, Mr. Mayor, with all due respect, I don't
think, even if I supported it, that the County Commission of Dade County would write a check to
$10,000,000 to the City of Miami for the purpose of redevelopment. I just don't think that's the
way governments really work. What the County has said that they would be willing to do is to
provide a transfer of $10,000,000 for an independent Authority that includes representation,
elected representation, if you so choose, from the City, but primarily would involve community
and experts from the redevelopment community, hopefully the historic community...
Mayor Clark: That's understandable. That's understandable.
County Commissioner Teele: ... in a joint effort to ensure that this vital community is revitalized
and redeveloped.
Mayor Clark: All right.
County Commissioner Teele: But I would certainly like to be on record in defense of those
persons that are here, that are here primarily in support of the creation of a joint Redevelopment
Authority between the City and the County, with a funding of a minimum of $20,000,000 in cash
for the purpose of jump-starting, jump-starting and maintaining the momentum for some of the
redevelopment and revitalization, particularly historic revitalization of Overtown.
Mayor Clark: All right.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: May I have permission to have the City Attorney, or if the Manager
wants, Mr. Bailey respond to statements just made by Mr. Teele?
Mr. Bailey: When I came here in 1982 and we began to talk about disenfranchising, and moving
people out of Overtown, taking property from people in Overtown, we did a survey. Ninety-five
percent of the people in Overtown are renters. The first 1300 people we moved from the six
blocks that we bought, all of the property, with the exception of one property owner... two
property owners lived somewhere else. The problem we had in Overtown was not that the
people in Overtown were causing the problems. It was that we had slum landlords for which
Code enforcement was not being enforced, and a great indiscretion was being placed. Overtown
had already been divided by the time we got here in 1982, and we've heard the story over and
over again. I-95, the Metrorail and all of that, that displacement had taken place. What we have
tried to do here... And it is not this Commission's fault. I don't know of any horror stories that I
can recall that did not... that was placed upon people and made them disadvantaged. In fact,
every person that we moved - I think we had one of the most successful relocation programs that
I have seen in a long time - every person that we moved from the property that we tore down,
most of them got a new house, or moved into a place much better than where they were. We
have built new properties in Overtown since we have been in operation, St. John, with 35 new
units, and we have two more blocks where they're going to build other units. I would just like to
say that redevelopment is what it is. Redevelopment does not address itself to the improvement
of the quality of life of people. It talks about improvement of the environment. The statutes talk
about removing slum and blight. In fact, in order to become a Redevelopment Agency; you have.
to"prove there is slum and blight; and you have to produce: a plan that tells how you're going to
241 _ January 1-2, 1995
i
eliminate the slum and blight. Unfortunately, some things that are blighted, you have to remove,
and unfortunately, some people who live in blighted facilities that shouldn't be there, but we
permit them to be there, will have to be moved, and we do pay for their relocation. We have not
caused, in my opinion, any hardship on any person in Overtown that we have had to move
because we are going to take a process of redevelopment. We pay $4800 per family, up to
$4800 per family when we have to move them, and we have to, by law, find them some place
that is as good or better than where they are. It is a process by which some decisions have to be
made that are not always pleasant, but we do the best we can. I will not blame this Commission,
even though we have had some differences in terms of how we proceed for the problems we
have in Overtown. But I will say that the process that we're undertaking and the one that we
hope to take will begin to improve Overtown, and we hope that those who are there, through
some way, will improve their quality of life, and that they will come back to Overtown. And we
do have people who have moved back to Overtown. They live in Poinciana Village.
Mayor Clark: All right. Now, let me finalize it like this, Mr. Teele.
County Commissioner Teele: Mr. Mayor, you have two elected officials, out of courtesy...
Mayor CIark: All right. I didn't see Ms. Range. Ms. Range.
County Commissioner Teele: Ms. Range is here, and so is Senator Daryl Jones.
Mayor Clark: All right. If they want to say something, please. Ms. Range, you sat here for
many years. You know what it is.
Ms. Athalie Range: Thank you very much, Mr. Mayor, members of the Commission. My name
is Athalie Range, and I reside at 5727 Northwest 17th Avenue. I honor your feelings of having
the meeting held on February 2nd, and I hope I will be able to attend. However, I stand here
rather frustrated this evening. Someone said that some of us see things as they are and say, why?
And some of us see things as they ought to be, and say, why not? And I say, why not? I can
remember some 30 years ago, and perhaps many of you do not go back that far, when the exodus
of black people began in Overtown, and the promises were made of what a wonderful place it
was going to be, as soon as certain accomplishments were made, and we'd all be able to move
back, and have our Overtown as we once had it. And I've heard those promises now for some 30
years. Without being critical of the City Commission, or the County Commission, or any other
bodies, I might say that I cannot help but feel that there must be some feeling of not caring or not
being able to find a way to improve a certain area of this beautiful City of Miami. I heard it
mentioned here this evening that the Arena might be considered as a part of Overtown. I believe
I speak for those in the audience and those who will be at the meeting on the 2nd of February
who would not understand that Overtown at one time did not go beyond the railroad tracks on
the east, and beyond Sth Street on the south, and beyond 21st Street on the north, and beyond 7th
Avenue on the west. And I think that is where our hearts lie. To see how that area has been
devastated, how people have been moved out, how we've been scattered like birds in the air, and
how there, apparently, as days go on, from day to day, there is little or no hope for ever having
the Overtown we once had. And you might say, well, that's progress. But why? I can't see
why, for the life of me, that when Miami began to grow and progress, and when we saw the need
for improvement, how somehow, somewhere, from some source, monies came. And I don't
claim to know how it's done, but monies came from somewhere to build Bayside, and monies
came from somewhere to improve other sections of this beautiful City of Miami. And yet, we sit
right in the middle... And I've often made this analogy, that Miami is just like a beautiful, red
apple sitting on someone's dining room table, all beautiful and shiny. South Bayshore Drive on
the south, beautiful with the bay; Biscayne Bay on the east; beautiful northeast section out in the
northeast; and the other far west section, now called Miami Lakes and whatever you have. But
in the middle, right in the middle, there is a growing fester that we call the inner city. And so
242 January 12, 1995
little, no matter how much you say has been done there, there is so much more that could have
been done, that we're not begging for, that we're deserving of, and I say it's just like the big red
apple sitting on the table. It began as a little worm, just eating at the core. And now, as all of
these sections close in on it, you're going to find, when you get so much closer in, that it's just
that red skin out there, and the core is nothing but a greedy monster, sitting inside, waiting to
devour us all, because that's what Overtown is all about. That's why we have so many problems
there, because there's nothing, nothing, and I'm just waiting to see. I don't know where
Chairman Teele gets his $10,000,000 that he says is going to come from the County, but I know
that one day, if the money isn't used, it isn't going to be there any longer, it's going to be used
for something else. And I don't know what's going to happen with Mr. Bailey's $51,000,000
that he says is somewhere, but somehow, it's going to be used. And one day we're going to
come, and that $51,000,000 isn't going to be there. And one day, Overtown is just going to be a
worst little spot than it is now, in the beautiful City of Miami. I hope you will pardon me for
being so... I hope you'll pardon me for being so... I don't know whether I was rude or not. But
I just hope you'll pardon me for being so frank, but this is the way I feel. I'll be at the meeting
on the 2nd, but truthfully speaking, I don't expect a thing to happen, not a thing.
(APPLAUSE)
Mayor Clark: Senator Jones, if you follow that, you've got to be a real magician.
Senator Daryl Jones: Pardon me?
Mayor Clark: You follow Ms. Range, you got to be a real magician.
Senator Jones: I tell you, she's always tough to follow. She's been a mentor for a lot of us here
who have been involved in politics throughout Dade County, and probably beyond. But as I take
a look at it...
Commissioner Dawkins: Give your name first, Senator, and address.
Senator Jones: Daryl Jones.
Commissioner Dawkins: Address.
Senator Jones: 9300 South Dadeland Boulevard, Suite 401, State Senator, Senate District 40.
Thank you, Mr. Mayor. As I take a look at this particular situation, there are a few things that
I'd like to bring to light. First of all, it was brought up, "What is the County's incentive?" I
think that community -wide, there are tremendous incentives to redeveloping Overtown, or
revitalizing Overtown, whichever way you want to look at it. First of all, we're going to
improve the ambience and beauty of our City. There will be a corresponding reduction in crime
that should result in an increase in tourism. That means more money in everybody's tax coffers.
So there will be an economic incentive, as well. But, you know, a lot of us who have been in
politics over a period of time, have a tendency to get hardened, and look only for what's in it for
someone, which generally translates into the economic incentive, the money. But there are some
of us in politics, and I hope that that includes everyone that's sitting at this dais, as well as
myself, and I believe, Commissioner Teele, who just want to do what they consider to be the
right thing. Some of us come into politics with some bit of idealism, some desire to just serve
our fellow man, our community, our constituents, and to just, heck, do a good job, to have some
kind of a legacy behind us, and I think that that's important. And as a person who represents the
entire part of Overtown that's being discussed here today, I, for one, would just like to see us
move forward and just make a difference in our community, and the lives of the people that we
represent, and all of us do. But there is a process that we have to go through. The County has
made an offer, and generally, if you're involved in any negotiation, you never take the first offer.
243 January 12, 1995
You always come back with a counteroffer. And so there's a process that is as old as time
immemorial, absolutely. Even Abraham and Moses did some negotiating, if you recall that. So I
guess that we're going to do some negotiating here, too, or compromising, or however you want
to talk about it. But I guess what I want to ask you to do is to think about this and to try to focus
in on it so that we can move expeditiously for us not to raise the hopes of the people of our
community, only to dash them against the rocks because of the politics that potentially could be
involved, to set aside our egos, as I've said once before, and to move forward, and make it
happen for the people that we represent. I think that Commissioner Dawkins raised an excellent
point about an underlying agenda, because when we've built other things in that community, we
really moved the people out. And I don't know if we have any numbers on it. Perhaps we
didn't move them to similar situations that didn't do anything to improve their quality of life,
people who were formerly residents of Overtown. I think that's an excellent point, and it's
something that should be addressed as we go forward. I know, certainly, the County has thought
about that. And certainly, you've brought forward the point that redevelopment deals with
environment, and not necessarily with the people, but it doesn't have to be that way. You know
what it comes down to? We have reached so much in terms of agreement for what we want to
accomplish here between the County and the City that there really aren't, on paper - now maybe
otherwise - but on paper, a whole lot of differences in what we seek to accomplish, as
Commissioner Gort's already brought forward. But what it really comes down to, in my mind,
is, who gets appointed to that Authority, and whether or not their agenda is one that best serves
the people in the City of Overtown, and of the City of Miami, as well as Dade County. That's
what it's going to come down to, when this is all said and done. You appoint the wrong people
there, nothing's going to happen that's going to help the quality of life for the people who are
there now. Maybe it will help a whole lot of other people, but not these people. So I urge you to
move forward, to make the Authority happen, because on paper, we really don't have a whole lot
of differences, I don't think.
Mayor Clark: All right.
Vice Mayor Plummer: Senator, can I put you on the spot?
Senator Jones: Put me on the spot. That's what I get paid for, the big bucks.
Vice Mayor Plummer: Your district runs through Overtown. You're starting your session in
March. Can we expect some kind of help out of the State of Florida, if this thing is put together?
Senator Jones: You give me an opportunity to participate, and I'll do what I can.
Commissioner Dawkins: Let me help, Senator. There has never been a time when I have gone
to Tallahassee lobbying for City of Miami and Dade County when Daryl Jones didn't walk the
halls with me to ensure that we got what we were seeking.
Vice Mayor Plummer: So be it.
Mayor Clark: All right. Thank you, Senator.
Senator Jones: All right. Thank you.
(APPLAUSE)
Mayor Clark: Now, I know you want to say a couple of words, so just...
Mr. Irby McKnight: Thank you very much, Mr. Mayor. My name is Irby McKnight. I live at
224 Northwest 12th Street, and I know that you know we all are shocked, but I can live with that.
244 January 12, 1995
What I can't live with is this. The people of Overtown, who are working and can afford to buy a
home can't buy one in Overtown, because there are none there for sale, and there are many
people there who are employed and want to own a home. As far as a public hearing is
concerned, in the past twenty years, I have attended two hundred and twenty community
development meetings in Overtown, eleven a year. Last year, in April, State Representative
James Bush and State Senator Daryl Jones held a public hearing in Overtown, where more than
three hundred people attended, asking for help. Three weeks later, Commissioner Dawkins and
Chairman Teele held a public meeting in Overtown, and I knocked until my knuckles swole to
make certain that the community came out. And this Development Authority was discussed with
all of us in the community at that meeting. We know all about it. There are people here in this
audience who were in the meeting. I have the sign -in sheets from those meetings where we
discussed this, if you need to see them. If it's necessary for me to have the people who attended
personally contact you, before I go to sleep tonight, I'll call every one of them. And
Commissioner Dawkins, on your story of Jesus turning stone into bread, you're going to have to
turn something into something to get us to come back to Booker T. on the 2nd, on this same
issue. What was said to me following the meeting the next day was, "Mr. McKnight, did
Commissioner Dawkins and Chairman Teele come out here to fool us, or are they going to put
this Authority in place?" Commissioner Dawkins, I'm sure you remember a Dade County
schoolteacher in the front row that lives on 17th Street and 5th Avenue that told you she made a
payment to the City to buy a house, and five years had passed, and she finally got her money
back, but no house. And please correct me if I'm wrong, but you said to her, "I'll have Mr.
McKnight get in touch with you, and we'll get you a house in Overtown." I got in touch with her
the next day, and this is what she said to me: "Mr. McKnight, they just came out here to make us
think they're going to do something. They're not going to do anything." Commissioner
Dawkins, is that lady right?
Commissioner Dawkins: You know, you and I have been working in Overtown for the
betterment of Overtown ever since I've been here. And it's amazing how you take certain issue
and grandstand on them, and the others, you leave alone. OK?
Mr. McKnight: I'm not going to leave anything unturned here today...
Commissioner Dawkins: OK, listen. Wait, now. Wait.
Mr. McKnight: ... if permitted.
Commissioner Dawkins: OK. I'll wait until you finish, Mr. McKnight.
Mr. McKnight: OK. But I wanted to know whether or not that lady was right, because I told her
that you would not have asked me to do that if you didn't mean it.
Commissioner Dawkins: OK.
Mr. McKnight: That's what I told her. So I want to know, did... Was she right? The next thing,
about whether or not we, the residents of Overtown, know about this. Can you assure me that
we, the residents - I'm talking about the ones of us who will duck bullets there tonight - do you...
Do you really believe we don't know about this? Do you know that all day, up and down 3rd
Avenue, throughout the Culmer Neighborhood Service Center, where these meetings were held,
this was a topic of discussion? The bank coming to Overtown is street talk in Overtown. People
actually believe that things are going to get better, because we told them they would. You,
Commissioner Dawkins, along with Chairman Teele, Representative James Bush, and State
Senator Daryl Jones, assured us that it would. We believed you then. We're going to believe
you now. And if this means the end of us, so be it, it ends. But we will not accept this lying
down. We don't have the ability to turn bread... We don't have the ability to turn rocks into
245 January 12, 1995
bread, but we got drug dealers turning rocks into cash money all day long, while you're sitting
up here about bread. Give our children a break from that.
(APPLAUSE)
Mayor Clark: Please, please, Mr. McKnight. You've spit all the venom I think you can tonight.
Just relax, and let's wait for the 2nd and the 9th, all right?
Commissioner Dawkins: No, but Mr. McKnight is correct, in that we promised that lady a
house.
Mr. McKnight: We did. I'm there.
Mayor Clark: Well, wait a minute. Wait. Go ahead, Miller.
Commissioner Dawkins: Mr. Bailey, how many vacant parcels of land are there in Overtown
that we have on which to build single-family homes?
Mr. Bailey: Well, Commissioner, we have... I have a page and a half here.
Commissioner Dawkins: How many? Just a rough number.
Mr. Bailey: Oh, twenty or thirty.
Commissioner Dawkins: Thirty. All right, let's say thirty. Did not I instruct you to have your
staff get with the preachers and find people who could qualify so that we could build on those
units single-family housing?
Mr. Bailey: Well, we do have the single-family housing program in Overtown, and you did
instruct us from the Commission that we will focus on home ownership in the future, and that's
what we're doing.
Commissioner Dawkins: OK. All right. But, now, as Mr. McKnight said, this is a promise that
was made. How do we get in touch with this lady and fast -track this, and show the...
Mr. Bailey: Commissioner...
Commissioner Dawkins: No, no. You see, it can be done, Mr. Bailey.
Mr. Bailey: I haven't... I'm waiting on you to finish. I haven't said a thing. Go ahead and
finish.
Commissioner Dawkins: OK. So how do we get in touch with this lady? Because she's still
there, she still works for the School Board, she still has her credit rating. How do we get with
her, fast -track her, and then get... let the people see that we are, can, and will build single-family
homes in Overtown and start to do some more? How do we... how can we fast -track that?
Mr. Bailey: Well, first of all, Commissioner, we can't build a house overnight, and we will build
a house...
Commissioner Dawkins: But you can get somebody... you can get it started overnight.
Mr. Bailey: Yeah. And if she wants a house, we will find a single-family lot, we will take her to
it, and see if that is a location that she would like to have a single-family house built on. We'll
build her one. We do it all the...
246 January 12, 1995
Commissioner Dawkins: OK. How long will... What is the time frame we're talking about, Mr.
Bailey?
Mr. Bailey: Well, we have to... Here we go with the City again. I have to get the contractor,
and I have to bid it out, and I have to come back and go through the due process. It takes us
anywhere from nine to twelve months, even after we start to build a house.
Commissioner Dawkins: And we can't... And there's no such thing as fast -tracking a house,
and avoiding some of this, in order to keep a promise that we made.
Mr. Bailey: We'll keep the promise, but the City regulations, and ordinances, and codes are
what they are. We have to go by them. We cannot do something illegal.
Mayor Clark: You're not breaking a promise. You didn't tell them when.
Commissioner Dawkins: OK, OK. All right. OK. Well, then, I will get in touch with the lady
myself, and we will start the process, and take her to the lot, and, like you said, one year from the
time that she goes, we will guarantee her she will be in a house. Is that a fair statement, Mr....
Mr. Bailey: We can do that. We would like to talk with her. Actually, we would like to talk
with her, Commissioner.
Commissioner Dawkins: I said I'm bringing her to you.
Mayor Clark: Is it reasonable to do that?
Mr. Bailey: Yes.
Mayor Clark: OK.
Commissioner Dawkins: I said I'm bring her to you...
Mr. Bailey: Yes, yes. We will talk with her.
Commissioner Dawkins: ... for us to talk to her.
Mayor Clark: All right.
Mr. Bailey: Let's see what she wants. Yeah.
Mayor Clark: All right. Thank you, Mr. McKnight.
Mr. McKnight: Thank you.
Mayor Clark: Thank you, ladies and gentlemen. February the 2nd at the... What school?
Commissioner Dawkins: Yes, sir.
Mayor Clark: What school? Tuesday?
Commissioner Dawkins: February the 2nd, Booker T. Washington Middle School.
Mayor Clark: Yeah.
247 January 12, 1995
+ Commissioner Dawkins: For those who want to come. Those who don't...
Mayor Clark: Seven -thirty at night.
[END OF DISCUSSION]
------------------------------------------------ --------------------------------------------------------------
62. ANNOUNCEMENT MADE BY CITY MANAGER OF THE ARREST OF ONE
OF THE RECENTLY ESCAPED CONVICTS FROM THE GLADES
CORRECTIONAL FACILITY.
Mr. Cesar Odio (City Manager): Mr. Mayor, Mr. Mayor, can I... Mr. Plummer. Commissioner
Plummer.
Commissioner Dawkins: Yes, sir.
Mr. Odio: I'd just like to announce that the Miami Police just arrested the fourth criminal.
Commissioner Dawkins: All right!
Mr. Odio: On 8th...
Commissioner Dawkins: Thank you, Mr.... Where, where?
Mr. Odio: On Little Havana.
Commissioner Dawkins: In Little Havana?
Mr. Odio: Yeah.
(APPLAUSE)
Commissioner Dawkins: Thank you, sir.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Mr. Mayor.
Vice Mayor Plummer: There's one other ten thousand out there.
END OF DISCUSSION -- NO ACTION TAKEN
248 January 12, 1994
Commissioner Dawkins: Mr. Mayor, we said at five o'clock, if Mr. Norman Charles showed up,
we would give him ten minutes.
Mr. Odio: He's here.
Commissioner Dawkins: And he's here. Can we hear... Can I hear from Mr. Charles, please?
Mr. Norman Charles: Standing right here, Commissioner.
Mayor Clark: All right. Mr. Charles, you got the microphone. Mr. Dawkins, here he is. All
right.
Commissioner Dawkins: Come on, Mr. Charles.
Mayor Clark: Wait a minute. You got to get the people inside yet.
Vice Mayor Plummer: Well, Norman... Mr. Mayor, why don't you do it after this next item is
taken care of, and then we'll get the house cleaned out.
----------------------------------------------------------------------------------------------------------------
63. (Continued discussion) DEFER (TO FEBRUARY 9TH MEETING) PROPOSED
RESOLUTION TO AUTHORIZE LAW OFFICE OF HANZMAN AND
CRIKEN, P.A. TO ACT AS CO -COUNSEL WITH CHRISTOPHER G. KORGE
OF ZACK, PONCE, TUCKER, KORGE & GILLESPIE, P.A. (FORMERLY
ZACK, HANZMAN, PONCE, TUCKER, KORGE & GILLESPIE, P.A.)
REGARDING LEGAL REPRESENTATION OF THE CITY. (See label 4B)
---------------------------------- -----------------------------------------------------------------------------
Mayor Clark: CA-18.
Commissioner Dawkins: CA-18?
Mayor Clark: Yes. It's got to be...
Vice Mayor Plummer: CA-18?
Mayor Clark: Yes.
Vice Mayor Plummer: What is it?
Mayor Clark: It's attorney's fees for the Hanzman and Criken private matter.
Vice Mayor Plummer: No. That was supposed to be... I pulled that, Mr. Mayor.
Mr. Cesar Odio (City Manager): What? What, sir?
Vice Mayor Plummer: Eighteen, C-A. Because there was a possible settlement.
Mr. Odio: No, the chicken. No, you...
Mayor Clark: Why do you want to defer it? Why do you want to defer it?
249 January 12, 1994
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Plummer: All right. Well, but we have not engaged a second firm as of yet.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Plummer: Well, but the second firm has not been engaged as of yet, and I asked
that to be pulled until we meet on February the 9th at 8 a.m., and we'll approve it then, if
necessary.
Mayor Clark: All right, fine. That's the only other thing we haven't done. All right.
Vice Mayor Plummer: That's correct, sir.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
64. URGE MIAMI CAPITAL DEVELOPMENT, INC. (MCDI) TO LEND AN
EXTRA $200,000 (OVER AND ABOVE ORIGINALLY APPROVED
$300,000) TO UNITED FOODS CORPORATION FOR PURCHASE OF
PROPERTY AT 1701 N.W. 7 AVENUE -- FOR ESTABLISHMENT OF A
FURTHER CHICKEN PROCESSING PLANT -- URGE MCDI TO EXECUTE
NECESSARY DOCUMENTS -- AUTHORIZE MANAGER, IN THE EVENT
THAT MCDI IS UNABLE TO PROVIDE SUCH LOAN, TO TAKE ALL
STEPS NECESSARY TO PROVIDE A FULLY COLLATERALIZED LOAN,
FOR UNITED FOODS CORP. AT A REASONABLE INTEREST RATE.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Fifty-five. We got 55?
Vice Mayor Plummer: Fifty-five, we got the chicken factory.
Mayor Clark: All right.
Commissioner Dawkins: OK, 55.
Mayor Clark: Somebody got a motion? Sit down.
Vice Mayor Plummer: Well, we got Father, we got Charles, and we got the chicken factory.
Anybody got any bagels?
Mayor Clark: What about the chicken factory?
Mr. Manny Gonzalez: Fifty-five. Fifty-five.
Mayor Clark: What are you... What is the International Trade Board doing with a chicken
factory?
Mr. Gonzalez: Item 55.
Mayor Clark: What are they doing with a chicken factory?
Vice Mayor Plummer: They want money.
250 January 12, 1994
Mr. Gonzalez: Honorable Mayor and Commissioners, what we are requesting of the City of
Miami Commission is to review the resolution as presented by Commissioner Plummer.
Commissioner De Yurre: Mr. Mayor, the ITB (International Trade Board), we've been working
in this project for a few months now, and Manny, who's one of our senior advisors, he'll explain
exactly what the parameters are, and what we need from the Commission.
Mayor Clark: You need money from the Commission. He wants a loan.
Mr. Gonzalez: Yes, sir.
Vice Mayor Plummer: No. They got it from Miami Capital. Now, they want the Commission
money.
Mayor Clark: What?
Commissioner De Yurre: Well, we need an extra couple hundred thousand for pocket change.
Vice Mayor Plummer: Just a couple hundred thousand.
Mayor Clark: He wants some money to go in business. We met in my office. He's a fine man,
he's got a good product, and if you can get... You got how much from the Miami Capital so far?
Mr. Gonzalez: Yes, sir.
Commissioner De Yurre: We've got three hundred thousand from Miami Capital. Right?
Mr. Frank Castaneda: Yeah. Commissioners, they have a commitment from Miami Capital for
three hundred thousand dollars. What they want is to increase that commitment from three
hundred to half a million dollars, and they would like the Commission...
Mayor Clark: ... to get a resolution of encouragement to have them go up to six hundred
thousand.
Commissioner De Yurre: To five.
Mr. Castaneda: To half a million, to five hundred.
Commissioner De Yurre: Now, this extra two hundred thousand would be towards the
acquisition of the property, of the real estate. So it's not for...
Mayor Clark: We're there to encourage the board to grant them the extra two hundred thousand.
Make the motion.
Commissioner De Yurre: For that purpose. So moved.
Vice Mayor Plummer: Well, wait a minute. Hold on, now. I've just been handed something
here. Let me see what this writing is.
Commissioner De Yurre: Yeah, get your glasses on.
Vice Mayor Plummer: Yeah. It says here, "Please change resolution to read: Requested by
borrower in order to meet the financial requirements, and that is suitable site within the City
target areas. Add that to the resolution."
251 January 12, 1994
Commissioner De Yurre: Well, we're looking at a site on 17th and 7th.
Vice Mayor Plummer: Number two...
Mr. Pablo Perez -Cisneros: Yeah. They have that in the resolution, but they would like to add, in
case the owner of the property doesn't want to sell, in case the price is to big or anything like
that, to a similar site. The other change that they requested...
Vice Mayor Plummer: City target area. Yeah. Number two, instead of "fully collateralize,"
change the wording to say "Collateralized by a first mortgage."
Mr. Perez -Cisneros: Yes. That's done because they may need more money, additional money to
borrow in order for them to...
Vice Mayor Plummer: Reason, the borrower may have to obtain a second mortgage in order to
raise additional working capital. Number three, to provide six-month moratorium, or
moratorium until CO (certificate of occupancy) is obtained. A moratorium on what?
Commissioner De Yurre: On payments, because they're not going to start...
Mr. Perez -Cisneros: On the payments, Commissioner.
i Vice Mayor Plummer: But he's going to pay the interest.
Mr. Perez -Cisneros: Oh, yes.
Vice Mayor Plummer: And at what rate interest?
Mr. Perez -Cisneros: Well, he's asking for a reasonable interest rate.
Vice Mayor Plummer: Well, I heard the other day eight percent. Is that what is now proffered?
Mr. Castaneda: Let Miami Capital negotiate...
Vice Mayor Plummer: No, no, no. This table is going to negotiate it.
Mr. Perez -Cisneros: Well, prime rate, I believe, is eight...
Vice Mayor Plummer: I was told eight percent. Is that a correct number?
Mr. Perez -Cisneros: Prime rate is eight percent at this time.
Vice Mayor Plummer: Then that's what this is, applied. That's fine, as long as we all
understand the name of the game.
Mayor Clark: OK. Motion is made and seconded.
Vice Mayor Plummer: Yes, sir.
Mayor Clark: Call the roll.
Vice Mayor Plummer: On behalf of the kosher chicken parts, I make the...
252 January 12, 1994
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-66
A RESOLUTION URGING MIAMI CAPITAL DEVELOPMENT INC. (MCDI) TO
LEND $200,000 TO UNITED FOODS CORPORATION FOR THE PURCHASE OF
THE PROPERTY LOCATED AT 1701 NORTHWEST 7TH AVENUE, MIAMI,
FLORIDA, OR OF ANY OTHER SUITABLE SITE WITHIN THE CITY'S TARGET
AREAS FOR THE ESTABLISHMENT OF A CHICKEN FURTHER PROCESSING
PLANT, SAID LOAN TO BE IN ADDITION TO THE $300,000 PREVIOUSLY
APPROVED BY MCDI FOR SAID PURPOSE AND WITH THE PROVISO THAT
THERE SHALL BE A MORATORIUM ON THE PAYMENT OF THE PRINCIPAL
FOR THE INITIAL SIX MONTH PERIOD OR UNTIL A CERTIFICATE OF
OCCUPANCY IS ISSUED FOR THE PROPERTY, WHICHEVER OCCURS FIRST;
URGING MCDI TO EXECUTE ANY DOCUMENTS NECESSARY FOR SAID
PURPOSE; AUTHORIZING THE CITY MANAGER, IN THE EVENT THAT MCDI
IS UNABLE TO PROVIDE SUCH A LOAN, TO TAKE ALL STEPS NECESSARY
TO PROVIDE A LOAN, FULLY COLLATERALIZED BY A FIRST MORTGAGE,
AT AN INTEREST RATE OF EIGHT PERCENT (8%) PER ANNUM, IN THE
AMOUNT OF $200,000, FOR UNITED FOODS CORPORATION, AND TO
EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO IMPLEMENT SAID LOAN; FURTHER PROVIDING
THAT IN THE EVENT SAID LOAN IS NOT UTILIZED IN ITS ENTIRETY FOR
THE PURCHASE OF THE PROPERTY, ALL REMAINING FUNDS SHALL BE
UTILIZED BY UNITED FOODS CORPORATION AS WORKING CAPITAL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Don't invite me to the opening. I can't stand the smell. Yes.
Mayor Clark: Of what, the chicken or you?
Commissioner Gort: My understanding is this is going to be providing about forty jobs in a
much needed area. Yes.
Commissioner De Yurre: Forty, and possibly up to a hundred in time, as it grows.
253 January 12, 1994
Commissioner Gort: Yes, by all means.
Commissioner De Yurre: Now we can have chicken hotdogs.
65. DISCUSSION CONCERNING SOLID WASTE EMPLOYEES' PROBLEMS.
Mayor Clark: All right. Norman Charles, please.
Mr. Perez -Cisneros: I just wanted to say thank you.
Mr. Cesar Odio (City Manager): He said thank you.
Mayor Clark: Just a minute, just a moment. Father Menendez, just a moment. We'll be with
you in just a second. All right, Mr. Charles.
Mr. Norman Charles: Mr. Mayor...
Mayor Clark: Get close to the mike.
Mr. Charles: Mr. Mayor, Mr. Vice Mayor, Honorable gentlemen of the City Commission, Mr.
City Manager, it is with great respect that we come here this afternoon from Solid Waste
Department, because our job is now on the line. We have done everything that the City Manager
has asked us to do. We are worried sick of people, because we do not know whether we're
coming or whether we're going. We do not know what is going to happen tomorrow in Solid
Waste. We have a family, and we have kids that we have to take care of. We intend to work
with the City Manager the best way that we know how, to secure and protect our jobs. This is
our reason for being here today. I would like to ask the City Manager what is his intention
towards Solid Waste, as far as we're concerned, because we are worried, and we are here to ask
you to help us, because we intend and we want to work with you.
Mr. Odio: Mr. Charles and Commissioners, if I may. I had a meeting yesterday with the union,
their attorney, and the members of the Solid Waste Department that are part of the negotiating
team. I made them an offer. I told them and I... Can I talk? Am I not breaking any rules or...
OK. We talked to them, and what I basically told them is the RFP or bid package for
privatization of Solid Waste went out three days ago. We will know then in sixty days what the
cost of doing business to the City will be. I told them, though, however, that if within a certain
framework, you, the Department, can compete with them, that I would be willing, then, to come
here and to tell the Commissioners the Department is willing to do it for a certain amount of
dollars, and I think you should say with the Department. That's what we discussed yesterday.
We gave them a figure. They said... which I think they can work with, and that I think that I can
recommend to the Commission.
Mr. Charles: Mr. Manager, I think we are very happy with your suggestion. However, we have
been a people that has been unstable over a period of time, and we have been unstable because, I
remember, about fifteen months ago, you stated that you would not negotiate a contract with Bill
Smith, you would not deal with him, and because of that...
Mayor Clark: Bill Smith.
254 January 12, 1994
Vice Mayor Plummer: Of the SEA (Sanitation Employees Association).
Mr. Charles: ... we had to go overboard and find a union, and bring them in. We do not have
any intentions of working with a union. What we intend to do, and what we are asking this
Commission and the City Manager to do is to give us time to regroup and get ourselves together,
because we, as a force, can contribute more to the City than a union can contribute to us.
Mr. Odio: I need to say this. Mr. Charles... And I see a lot of people here, and I haven't had
time to go there at five in the morning to say this, because I didn't want also to... for my words to
be misunderstood. The City has a financial situation that has to find a solution long-term. In
other words, we cannot continue business as usual, no one can. So... And we want to maintain
the Department. I have always had that intention. I think we need to maintain control of the
Solid Waste Department. But we have to reduce the cost. We have... I want to tell you this.
What you have done in the last few years, especially this past year in reducing costs is
incredible. The Department that, ten years ago, when I became Manager, had 650 people, plus a
hundred and some... ninety -nine's... you call them ninety -nine's.. It's down to 307 as of
yesterday. And you are doing more, you are picking up more tonnage than you were ten years
ago.
Mr. Charles: We do appreciate that compliment, Mr. Manager.
Mr. Odio: And it is a compliment. However, the circumstances, the world that we live in forces
us to compete, forces you and me to compete. We have to be better. We have to do more with
less, and I think... And we have a plan that we presented to your representatives yesterday that
makes sense, and protects the jobs, and at the same time, it puts you in a... finally, I think, gives
you the stability that you want, to be able to stay in business. But you cannot continue
competing with the private sector the way we had in the past.
Mr. Charles: Mr. Manager, I do...
Vice Mayor Plummer: Mr. Charles, if I may.
Mr. Odio: It's as simple as that.
Vice Mayor Plummer: And L. you stop me if I get out of bounds. But I want to remind you
what was said at this table. The idea of going out with an RFP (Request for Proposals) was not
an absolute certainty that this Commission was inferring that we were going to go privatization.
Mr. Charles: Thank you.
Vice Mayor Plummer: It did give us the opportunity to explore...
Mayor Clark:... what costs were.
Vice Mayor Plummer: ... what could or could not be. I think we must remember that
Commissioner Dawkins made a proposal, or thought his ideas out loud at this table, which I
thought were excellent, to protect our employees. The Manager indicated at that time that about
a third or a hundred could be assimilated into the City.
Mr. Odio: There's...
Vice Mayor Plummer: ... and that number could change, and that we could split the City up into
a third, and go private with a third so that no employees would lose their jobs. That is still upper
and foremost in my mind, and I think most of the members of this Commission. But as the
255 January 12, 1994
Manager says, we have got to understand that changing in rationale bring about change all the
way through. But I didn't want anybody to go home tonight thinking that tomorrow morning,
we're going privatization. We might, but what we did do was to find out what could or could
not be out there in the field.
Mr. Odio: Yeah. The replies are due...
Mayor Clark: Wait a minute. Mr. Dawkins has the floor.
Commissioner Dawkins: Somehow, Mr. Manager, I need to know the bottom line. There is no
contract; is that a fair statement?
Mr. Odio: We're negotiating a new contract.
Commissioner Dawkins: No, no, ,no.
Mr. Odio: We don't have a...
Commissioner Dawkins: Is there a contract?
Mr. Odio: No.
Commissioner Dawkins: OK? So in the event that that entity that says it represents the Solid
Waste workers does not come up with a signed... and I... a signed whatever, that they represent
the majority of the people, do you have to negotiate with them?
Mr. Odio: Yes, sir.
Commissioner Dawkins: You have to nego... Even though they don't represent the majority of
the people.
Mr. Odio: We cannot get involved, and that's why I keep asking...
Commissioner Dawkins: No, no, no. I'm asking a question.
Mr. Odio: Yes. They are the recognized bargaining agent.
Vice Mayor Plummer: Excuse me.
Mr. Odio: In the State.
Vice Mayor Plummer: Excuse me. I am no expert on legal law, but that entity has to take any
agreement back to the members for ratification.
Mr. Odio: Of course, but that's not what he's asking.
Vice Mayor Plummer: And if the members do not ratify...
Mr. Odio: But that's not what he asked me.
Vice Mayor Plummer: Oh, I'm sorry.
Mr. Odio: What he asked me, the answer to what he asked me is, we have to... no choice.
256 January 12, 1994
Vice Mayor Plummer: Excuse me.
Commissioner Dawkins: Wait a minute. Wait a minute. Go ahead.
Vice Mayor Plummer: I understood...
Commissioner Dawkins: No, I understood. You understood what I said. Go ahead, go ahead,
Mr. Manager.
Mayor Clark: One at a time.
Mr. Odio: We have to negotiate with that bargaining unit.
Commissioner Dawkins: But you do not have to accept what they bring back to you.
Mr. Odio: No.
Commissioner Dawkins: That's what I'm saying. You don't have to ratify it.
Mr. Odio: They have to ratify it. The membership has...
Commissioner Dawkins: OK. But even if they ratify it, you have... You have things that you
must... If they accept what you want...
Mr. Odio: If they accept what we offered yesterday...
Commissioner Dawkins: Uh-huh.
Mr. Odio: ... and the members ratify it, then we have an agreement.
Vice Mayor Plummer: Whoa, whoa. Before us.
Mr. Odio: But it has to come to you. It has to come to you.
Mayor Clark: Well, sure, it's got to come here.
Commissioner Gort: The buck stops here.
Mr. Odio: The buck... Of course.
Mayor Clark: He knows that.
Mr. Odio: Of course. I know that.
Commissioner Dawkins: OK. No problem.
Vice Mayor Plummer: That's not what he said.
Mayor Clark: All right. Thank you, Mr. Charles.
Mr. Charles: Thank you very much, Mr. Mayor.
Commissioner Dawkins: And now you can go away and know that we will work with you to
save your jobs. We don't know how, but we will work with you.
257 January 12, 1994
Mayor Clark: I think he knows that from way back.
Mr. Charles: Thank you very much.
Mayor Clark: You're welcome. Thank you all for coming down.
Commissioner Dawkins: Thank all of you for coming.
Mayor Clark: All right. Please leave quietly, folks. We've got other matters we have to discuss.
END OF DISCUSSION -- NO ACTION TAKEN
Mr. Odio: By the way, the criminal was picked up by the bicycle patrol.
Mayor Clark: What?
Mr. Odio: Rabasa, Officer Rabasa and Alayon were the two that picked him up.
Mayor Clark: Where did you catch him?
Vice Mayor Plummer: It was our police without an informant?
Mr. Odio: Our police without an informant.
Vice Mayor Plummer: So we saved ten thousand there.
Mr. Odio: I think so, yeah.
Vice Mayor Plummer: OK. Well, hey, we're going to put ten thousand on the head of the other
one.
Mayor Clark: Please, please.
258 January 12, 1994
K
----------------------------------------------------------------------------------------------------------------
66. PERSONAL APPEARANCE: FATHER JOSE LUIS MENENDEZ, PASTOR
OF CORPUS CHRISTI CATHOLIC CHURCH -- GRANT REQUEST BY
FATHER MENENDEZ -- URGE METROPOLITAN DADE COUNTY: (1) NOT
TO EXPAND CARGO CONTAINERS IN BUENA VISTA YARDS OF FEC;
AND (2) INSTRUCT DIRECTOR OF PORT OF MIAMI TO CLEAN UP
AREA, AND REPORT TO THE CITIZENRY (WITHIN 30 DAYS)
CONCERNING HIS PLANS FOR LANDSCAPING, FENCING AND
ELMINATING THE DUST BOWL PRESENTLY EXISTING -- DIRECT CITY
ATTORNEY TO INVESTIGATE POSSIBLE IMPOSITION OF
MORATORIUM ON ESTABLISHMENT OF ANY ADDITIONAL DRUG
REHABILITATION CENTERS IN WYNWOOD / EDGEWATER, AND
REPORT TO COMMISSION AT FEBRUARY 9TH MEETING.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Father Menendez. Give it to Father Menendez' church.
Vice Mayor Plummer: Take your choice.
Father Jose Luis Menendez: Exactly. You have ten thousand, we will be very happy to have
you, to receive it in your name. OK.
Mayor Clark: Let's pay attention over here, folks. We got a meeting going on.
Father Menendez: I would like to introduce my people, the people who come with me. I come
in the name of the communities of Wynwood and Edgewater. I would like them to stand up.
"Por favor, los representantes de Wynwood y Edgewater," all the representatives of PACT
(People Acting for Community Together), please come.
(APPLAUSE)
Father Menendez: OK. We come in a peace mood, you know, and I think that in a joyful mood.
And I think that what we are going to ask you, in the name of our communities, is three things.
We're going to present to you first the signatures. We have collected more than four thousand
signatures of the members of the City and the County... Please, would you put it up in the front?
Bring it to the front. Put it in the front. All those signatures, four thousand signatures are not for
you, are for the Dade County Commissioners. We come in front of you to ask your support for
those signatures that we're going to present to Mr. Teele, as president of the County
Commissioners.
Mayor Clark: Father, I think we can get right to the roots of this. Are you talking about 29th
Street South?
Father Menendez: Yes, exactly.
Mayor Clark: That is... I was called by Mr. Lunetta's office today, and that is off the books,
completely, never be touched.
Father Menendez: Yes, Mr. Mayor. Wait, wait, wait. Yes, Mr. Mayor. And I know that Mr.
Lunetta is a wonderful person. He has told us that very intelligent, but we want to bury, put a
cross, and be sure that he cannot resurrect it.
259 January 12, 1995
W
Mayor Clark: OK.
Father Menendez: This is not Jerusalem.
(APPLAUSE)
Father Menendez: For that reason, we are...
Vice Mayor Plummer: Father, Father, if I may, if I may.
Father Menendez: Yeah.
Vice Mayor Plummer: Mr. Lunetta just called me. OK? It's my understanding what you're
trying to stop is any further expansion of what presently exists.
Father Menendez: Exactly.
Vice Mayor Plummer: Mr. Lu...
Mayor Clark: And to clean up what they have.
Vice Mayor Plummer: OK.
Father Menendez: Yes, the third point.
Vice Mayor Plummer: Mr. Lunetta said that he would like the opportunity to come down here at
our next meeting and explain to this body of people that are here - he could not make it here this
evening - what he intends to do in landscaping, what he intends to do to stop any of the dirt that
is being created by the dust, and everything else that is necessary to try and make this...
Commissioner Dawkins: Father, why can't Mr. Lunetta go to them?
Vice Mayor Plummer: Oh, that's fine.
Commissioner Dawkins: Why must they come back down here for Mr. Lunetta to come down
here?
Vice Mayor Plummer: I will suggest that to him, Mr. Dawkins.
Father Menendez: Yeah. Let me explain something. We want to be sure that it's going not to
be extended, because we, as the City of Miami, are going to lose, you know, a lot of money in
taxes. We are going to have a problem with the City talking about streets. We are talking about
the problems. OK. First, we want to be sure that that is dead, that is sepulchered...
Mayor Clark: That is dead.
Father Menendez:... and you support that idea.
Mayor Clark: Absolutely.
Vice Mayor Plummer: We already have.
Father Menendez: OK. And... OK. But I would like, you know, something official that I can
take with me...
260 January 12, 1995
Mayor Clark: All right.
Father Menendez: ... to the County Commissioners and say, they are opposed to the expansion
of the containers.
Mayor Clark: Commissioner Plummer.
Vice Mayor Plummer: I make a motion at this time...
Father Menendez: And be sure...
Vice Mayor Plummer: ... that this City Commission urge...
Father Menendez: Be sure...
Mayor Clark: Well, let him finish it, Father.
Father Menendez: Commissioner Plummer, one moment. We are not opposed to the Port of
Miami. I think it's an asset for the City and the County. We are opposed to the container part,
because if they are willing to put the offices there...
Mayor Clark: That's what he's trying to do. That's what he's trying to do.
Father Menendez: If they put offices, wonderful.
Vice Mayor Plummer: I would make a motion at this time that the City of Miami Commission
urges Metropolitan Dade County, at the request of the people who reside in that community...
Mayor Clark: Wynwood and Edgewater.
Vice Mayor Plummer: ... that no further expansion of cargo containers be put into what is
commonly referred to as the Buena Vista yards of FEC (Florida East Coast); further states that
the City Commission requests of Metropolitan Dade County, through them to the director of the
port, that he should go and clean up the area and report to the citizenry within thirty days of what
he intends to do in that area in the way of landscaping, fencing, and creating... eliminating a dust
bowl that exists there today. I'll make that in the form of a motion.
Commissioner Gort: Second.
Mayor Clark: Seconded by Willy Gort. Passed by this Commission unanimously, Madam
Clerk.
(APPLAUSE)
261 January 12, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOI.,UTION NO. 95-67
A RESOLUTION URGING METORPOLITAN DADE COUNT TO: (1) TAKE ALL
STEPS NECESSARY TO PROHIBIT EXPANSION OF CARGO CONTAINER
YARDS IN THE AREA KNOWN AS "THE BUENA VISTA YARDS OF THE
FLORIDA EAST COAST (FEC)"; AND (2) REQUIRE THE DIRECTOR OF THE
PORT OF MIAMI CLEAN-UP SAID AREA AND ADVISE THE CITIZENRY OF
THE WYNWOOD AND EDGEWATER NEIGHBORHOODS, WITHIN THIRTY
DAYS, AS TO WHAT LANDSCAPING AND IMPROVEMENTS ARE PLANNED
FOR THE AREA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Father Menendez: Second point. Second point that I would as to the Commissioners, We don't
have in the City of Miami any ordinance talking to the problem of the containers, because we
don't have in the past, at least, container parts.
Mayor Clark: Father, the property is zoned industrial.
Vice Mayor Plummer: That's right.
Mayor Clark: You understand?
Father Menendez: No, no, no. It don't say now what is the extension.
Mayor Clark: No.
Father Menendez: What I'm talking about, the container... Some kind of law who knows... not
only for us, for the rest of the City, the future. What is going to happen if somebody wants to put
a container facility in part of our City, in the inner city of Miami or another part of Miami?
262 January 12, 1995
Vice Mayor Plummer: Well, that's what he was telling you, Father. It has to be an industrial
zoning or they cannot do it. There is very limited industrial zoning in this City; much in the
County, very little in the City.
Father Menendez: OK. Second point. In addition, is what you have put also, because we were
asking not only to stop, but whatever, and the grandfather clause allowed them to do whatever
they wanted as a commercial facility, but we would like from them to put fences, to secure, to
stop the...
Commissioner Gort: That's part of the motion.
Father Menendez: Yeah, yeah.
Vice Mayor Plummer: He spoke of fences.
Father Menendez: That's the... to stop the dust, lighting, signs...
Commissioner Gort: That's part of the motion.
Father Menendez: ... and I would like him not... You know, we work, we have to be working in
other places. I would suggest that they take what Mr. Dawkins has said, go to our community...
Mayor Clark: Father, have you spoken to Mr. Lunetta?
Father Menendez: ... present the beautification of..
Vice Mayor Plummer: Father...
Mayor Clark: Have you spoken to Mr. Lunetta?
Father Menendez: We have talked last time...
Mayor Clark: Personally?
Father Menendez: Yes. Last time, while he was in the meeting in the City, in the Wynwood
area.
Commissioner Gort: I'd like to work with them. I'd like to get together with him...
Vice Mayor Plummer: Can I suggest...
Father Menendez: He's a nice person.
Mayor Clark: Let Willy Gort... Let Commissioner Gort and yourself...
Father Menendez: OK, but I would...
Mayor Clark:... get Carmen Lunetta down and take him to the people. That's the best...
Father Menendez: But I would like to study, Mayor, also, Mr. Mayor, the problem that we have,
because it's a sublease of the Port of Miami of some facilities of FEC that he sub -rented, OK, to
other five companies who are private companies, with no... You know, I would like them to
study that situation, because I think something is fishy there.
263 January 12, 1995
:)
Mayor Clark: All right.
Commissioner Gort: Father, let me tell you what is being done. Our Code Enforcement already
moved in there and gave some citations because of those problems.
Father Menendez: OK.
Commissioner Gort: But they'll have to comply with them.
Vice Mayor Plummer: Well, may I suggest to Father...
Father Menendez: Mr. Commissioner, one of the things that we have is that we have been
asking this for a year, and this is not being done.
Vice Mayor Plummer: I said thirty days.
Father Menendez: What?
Vice Mayor Plummer: I said thirty days.
Father Menendez: No, no. You say now thirty days, but we have been working with Mr.
Lunetta for one year.
Commissioner Gort: I understand.
Father Menendez: Nothing has been accomplished.
Vice Mayor Plummer: Father, may I strongly suggest to you to supply Mr. Gort with a list of the
items that you feel that should be addressed with Mr. Lunetta, so that when he comes to your
meetings, he will know what your thoughts are, what your desires are, and hopefully, he will
come there and put a rubber stamp and say, "Fine, we'll do it within thirty days." I just talked to
the man. He was most wanting to cooperate.
Commissioner Gort: He finally got the message.
Vice Mayor Plummer: He got the message.
Father Menendez: OK. I hope. Third point. OK. The community would also like the
Commissioners' support in stopping the growth of rehabilitation centers in the
Wynwood/Edgewater area, although the rest of Dade County carries its appropriate share. As an
example, at present, Census Tract 27.01 is on Biscayne Boulevard, from 14th Street to 36th
Street, has approximately eight percent of its population as personal rehabilitation homes. The
City of Miami ordinance established a maximum of two percent of the total census tract
population in these type of homes.
Vice Mayor Plummer: No. We have a more stringent policy than that. Our policy is that we
will not allow any more until the rest of this County has picked up their fair share, which they
have not. Do not sit here and tell me that kids in Coral Gables don't have drug problems. Don't
tell me people in Miami Shores don't have kids that have drug problems or alcohol problems,
because, let me tell you, when those kids have problems, they send them to centers in the City of
Miami. We, last year, took a very strong position. There shall be no more in this community
until the other municipalities pick up their fair share of the load, because they helped create the
problem. We should not have the burden. This is the same theory I've used with homeless, but I
haven't been successful.
264 January 12, 1995
Commissioner Gort: J.L., they do have a problem. We can take care of the ones that have to
come and ask for a special permit. But right now, I think the City... There's certain facilities
that can be allocated with the present zoning without coming in front of us.
Vice Mayor Plummer: Then let's change it.
Commissioner Gort: I think what he wants, if it's possible, if it's legally done, if we can declare
a moratorium in that area.
Mayor Clark: Then don't allow them to have permits. You don't have to get a moratorium.
Vice Mayor Plummer: All right. We'll make a motion.
Father Menendez: OK. The problem is this... The problem that we have also is that, you know
that you buy a house, and then, the next day, you buy the next house, and then the next one, and
then at the end, you own a block. And I don't know if they can do that in the same... with the
same permits.
Mr. Odio: I need to check the zoning law and see.
Vice Mayor Plummer: Father, do you happen to know one of the biggest businesses and the
wealthiest businesses in this community? It is called foster homes.
Father Menendez: Mm-hmm.
Vice Mayor Plummer: The HRS (Department of Housing and Rehabilitative Services) pays a
foster home $15,000 a year per kid. OK? The Charlie homes. You hit it right on the head. And
all they got to do, they can go right into a single-family residence, they can buy a house, they can
establish it as a foster home, and there's very little that you can do about it. State statute says
they have the right to do it.
Father Menendez: OK.
Vice Mayor Plummer: We had one here on Bayshore Drive. We tried to stop it, in violation to
his wife.
Father Menendez: You know, we have five homeless shelters, and the City of Miami approved
to put a new one in the 15th Street. And we are trying to revitalize the community. We don't
need that in fifteen days or fifteen weeks from now, we can hear that anything else coming to our
neighborhood, and we come to say, OK, again, we are going to fight again something. We're
going to fight in favor of something, not against something, and not from our official elected
members of the community. I would like you to make it an official, no more.
Vice Mayor Plummer: Father, we're going to have to change the ordinance.
Commissioner Gort: I'll make the motion to... I'll make the motion that the Planning
Department look at the... that the legal department work together to make sure that something is
passed so that will not take place.
Vice Mayor Plummer: No, not to look at it. To do it.
Commissioner Gort: To do it. That's what I'm saying.
265 January 12, 1995
Vice Mayor Plummer: Put a moratorium.
Commissioner Gort: Can we legally put a moratorium?
Vice Mayor Plummer: Sure we can.
Father Menendez: In how many days?
Commissioner Gort: OK. I move that a moratorium be placed there...
Father Menendez: Today.
Commissioner Gort: ... till we remove it.
Vice Mayor Plummer: Well, no, you put...
Father Menendez: In how many days?
Vice Mayor Plummer: Excuse me. Father, you put a moratorium until a hearing can be heard in
the regular process of zoning applications. OK? That's what we're doing. A moratorium means
that nobody can take out a permit between now and when it finally down the road comes before
this Commission, which will probably be six months. I mean, that's the normal process. But a
moratorium, in effect... Am I correct? Am I calling collect? Would somebody answer my
question? Hello?
Mr. Sergio Rodriguez (Assistant City Manager): I think that you should ask that from the Law
Department because it's a legal issue.
Vice Mayor Plummer: And the Law Department says that I should ask you.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, in the past, what you've done when
you...
Vice Mayor Plummer: Can I call the Pope? Hello?
Mr. Jones: Commissioner, in the past, when you've imposed moratoriums, or wanted to, I think
the law, the state of the law, as I recall, is that you've got to have some sort of written findings or
whatever that would justify a moratorium. You cannot just arbitrarily declare a moratorium for
the sake of declaring a moratorium.
Mr. Rodriguez: The finding could be the concentration that we have in one area creating an
impact, and so on, and we have the...
Commissioner Gort: Show him the map. We've got a map in here that can tell you the
concentration we have in the City of Miami. Show him.
Mr. Rodriguez: If that's what you need, we can provide that.
Vice Mayor Plummer: Mr. City Attorney, give us a finding.
Commissioner Gort: We've been working on this for quite a bit. We have put a map together
with all the facilities within the City of Miami.
Mr. Rodriguez: Right.
266 January 12, 1995
Mr. Jones: I tell you what would be proper.
Vice Mayor Plummer: I'm listening.
Mr. Jones: Why don't you let us put together... work with them and put together a list of
findings, and take it up on February the 9th, or whatever...
Vice Mayor Plummer: You got it.
Mr. Jones: That would give us the time to give you the justification that has to be read in the
record.
Vice Mayor Plummer: All right. All right.
Commissioner Gort: OK.
Mayor Clark: All right, Father. What else? Is that it?
Commissioner Gort: That's it.
Father Menendez: OK. We'd like to clarify, because you know what you're talking, but we
don't know so much about law. What is the final decision at this point?
Vice Mayor Plummer: The final decision is that he's going to try to find a legal way for us to
impose a moratorium to come about, a finding of no more of these here, unless other people do
their fair share.
Father Menendez: How much we have to wait, Mr. Commissioner?
Mayor Clark: February the 9th.
Vice Mayor Plummer: Well, February the 9th for the moratorium.
Father Menendez: OK. But how much is the deadline for him to look for...
Vice Mayor Plummer: February the 9th.
Father Menendez: February 9, OK.
Vice Mayor Plummer: Yeah. Now, assuming he comes back with proper findings, if he comes
back with proper findings, we vote yes, then the moratorium is in effect.
Mr. Armando Rodriguez: Another problem is sometimes, people that have a license in a house
buy the next door property, and they extend the license to the next door property, and they have
three or four houses. Then they become...
Mayor Clark: That's a zoning problem. Sergio, you hear that?
Vice Mayor Plummer: That's what we're going to address.
Mayor Clark: Get a licence from one house and move it to the next house, and the next house.
They can't do that.
267 January 12, 1995
Father Menendez: Can we have something that...
Commissioner Gort: In other words, the existing facility that wants to expand, they will have to
come in front of us. Am I correct?
Mr. Rodriguez: Presently, the law that we have is, if they want to expand any facility, they need
to have a special exception. What is happening, though, is there are certain facilities which are
not... that there is a State law the preempts the City.
Vice Mayor Plummer: That's right.
Mr. Rodriguez: And when we have facilities of fourteen people or less, they go and they just get
a permit, building permit, without any zoning. They have... We are preempted, and they can go
and open a place. And that's what we have throughout the City, which is a problem that we
cannot control unless we change...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Clark: Wait a minute. Find out.
Vice Mayor Plummer: They can't.
Mr. Rodriguez: Unless we change the State law, and we tried to make a... get an amendment last
year to change the State law so that we could get them to comply with local regulations, and it
was not successful.
Vice Mayor Plummer: Just for your information, they can go in Coral Gables, they can go in
Miami Shores, as far as the Charlie house is concerned. That's a foster care home. The State
law totally takes it out of our hands and allows them to do it. Why have they done it in the City
of Miami and Wynwood?
Mr. Rodriguez: Cheaper.
Vice Mayor Plummer: Because they could buy houses cheaper.
Mayor Clark: But that's not a drug house though. That's not a drug house.
Mr. Rodriguez: No, it's not a drug house.
Vice Mayor Plummer: No. It's a Charlie house.
Mayor Clark: He's talking about drug houses right now.
Mr. Rodriguez: Well, the ones that's over by HRS are the ACLF, adult congregate living
facilities.
Mayor Clark: Well, that's adult congregate living facilities.
Mr. Rodriguez: But you have sometimes in...
Mayor Clark: He's talking about drug rehabilitation centers; is that right, sir?
Vice Mayor Plummer: No. He's talking about it all.
268 January 12, 1995
Mr. Rodriguez: Well, the information... I'm sorry. The information that was shown to me
included a bunch of other facilities. That's what I was addressing.
Mayor Clark: We think with this moratorium, we can stop that completely. We believe so.
Mr. Rodriguez: We can prepare that and see, you know, with the Law Department.
Vice Mayor Plummer: Yeah. It's foster homes we can't stop.
Mayor Clark: Yeah. Father, what else?
Commissioner Gort: That's it.
Father Menendez: You want more?
Mayor Clark: No.
Commissioner Gort: Quit while you're ahead. No, no.
Father Menendez: We have several.
Commissioner Gort: Quit while you're ahead.
Father Menendez: I think that's more than enough.
Mayor Clark: We thank you for coming down.
Father Menendez: Thank you very much.
Mayor Clark: And thank you all for being here, folks.
(APPLAUSE)
Commissioner De Yurre: Mr. Mayor, if I may. I have Mr. Capote from Teatro Marti, that he
would like to address the Commission for a moment.
Mr. Jesus Roiz: Mr. Mayor. Mr. Mayor, did you close this issue? Could I address the issue that
you were just discussing?
Mayor Clark: Yes, sir, did I what?
Mr. Roiz: Did you close that issue, or could I still talk about it?
Mayor Clark: Well, what do you want to say? Go ahead.
Mr. Roiz: If I could have some attention here by the...
Mayor Clark: Well, you got mine.
Mr. Roiz: If I could have some attention. I was here on April 27, 1989, and we had a similar
discussion. The issue of the moratorium was addressed at the time, and nothing happened,
because the City does not have the power to do it. It does sound to me like this one month extra
time to look into the moratorium is just lip service. It's buying time, but it will not accomplish
anything. It is clear to some of us...
269 January 12, 1995
Mayor Clark: Well, sir, if you're a lawyer, or something else like that, a legal mind, and you
have a different way to do it, you tell us, will you? We're trying to do this. Now, you're coming
down, shooting us out of the ground and we haven't even surfaced yet.
Mr. Roiz: Well, I have been looking at this law since before 1989. I know the State legislation.
I know that it is above your power, that you do not have the power, that HRS doesn't even have
to get your permission to get most of these homes in here. They even...
Mayor Clark: HRS doesn't run drug houses. They run ACLF houses, which is adult congregate
living. It has nothing to do with the drug problem.
Mr. Roiz: I'm sorry. Adult congregate living facilities include rehabilitation homes. I have the
documentation with me.
Mayor Clark: Well, not for drugs. Not for drugs.
Mr. Roiz: Rehabilitation, alcohol and drug rehabilitation homes.
Mayor Clark: No.
Mr. Roiz: I have the documentation with me. I'll be happy to show it to you. Now they...
Mayor Clark: Give it to the Attorney, then.
Mr. Roiz: OK. I would like to go into something that would definitely have some effect. We do
need to get that amendment passed in the State law. We need to build some attrition into the
existing accumulation of homes in the City. I have some proposals that I would like to see, if
your lobby people can lead us, I mean, lead the way in this fight, and I'll just give you four
points that I need...
Mayor Clark: Well, don't give us those points yet. Bring it to us in writing, will you?
Mr. Roiz: OK.
Mayor Clark: Will you bring it to us in writing?
Mr. Roiz: All right.
Mayor Clark: Give it to the Attorney. He'll give me a copy. We'll talk to our lobbyist.
Mr. Roiz: All right.
Mayor Clark: We'll try to lead the way for you.
Mr. Roiz: Thank you.
Mayor Clark: Thank you, sir.
270 January 12, 1995
-------------------- -------------------------------------------------------------------------------------------
67. PERSONAL APPEARANCE: MR. ERNESTO CAPOTE FROM TEATRO
MARTI TO REQUEST FINANCIAL ASSISTANCE -- REFER TO CITY
MANAGER. (See label 71)
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT,
ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING
TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE
MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY MR.
CESAR ODIJ, CITY MANAGER.)
Mayor Clark: Yes, sir, now.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: He needs Mr. Odio to interpret for him. Mr. Capote from Teatro
Marti.
Mr. Odio: HABLA DESPASIO, POR FAVOR, QUE...
Mr. Capote: CORRECTO. MUY BUENAS TARDES. SENOR ALCALDE, SENORES
COMISIONADOS, Y USTED, EL ASSISTANT MANAGER DE LA CIUDAD. ES UN
HONOR PARA MI ESTAR AQUI...
Translation: Correct. Good afternoon, Mr. Mayor, Commissioners...
Mr. Odio: I can't hear you.
Mayor Clark: Walk over here. Use this microphone.
Mr. Odio: ES QUE NO PUEDO OIRLO PORQUE... No, I have to see his...
Mr. Ruben Avila: TIENE QUE HABLAR MAS ALTO.
Mr. Capote: CORRECTO. ES UN HONOR PARA MI ESTAR ANTE ESTA COMISION.
TENGO MIS MOTIVOS. TENGO UN NEGOCIO, COMO TODOS USTES SABEN, HACE
27 ANOS EN UN BARRIO DE MUCHOS PROBLEMAS, COMO TODOS SABEN.
NECESITO LA COLABORACION DE TODOS USTEDES. YO, POR CARTAS, SE LOS
COMUNIQUE A TODOS USTEDES, TAMBIEN COMO SE LO HICE EXACTAMENTE
IGUAL A LOS COMISIONADOS DE DADE COUNTY Y AL ADMINISTRADOR,
TAMBIEN. POR FAVOR, LLEVO 27 ANOS, COMO LES DECIA, CON ESTA CARGA
ENCIMA, Y NECESITO DE LA AYUDA DE USTEDES. COMO USTEDES VEN, AQUI
ESTA LA MAQUETA DE MI SUENO, DE LO QUE YO QUIERO HACER EN AQUEL
BARRIO, HUBIERA SIDO MUY FACIL TAL VEZ PARA MI... EL MISMO ESFUERZO
QUE HICE EN ESTE BARRIO HABERLO HECHO EN CORAL GABLES Y TAL VEZ
ESTARIA LLENO DE DINERO, PERO POR MANTENERME EN LA CULTURA
NUESTRA, NUESTRAS RAICES, HE LUCHADO MUCHO EN ESTE BARRIO, COMO
271 January 12, 1995
TODO EL MUNDO SABE. YO TRABAJO LOS SIETE DIAS DE LA SEMANA, DESDE
LAS NUEVE DE LA MANANA HASTA LAS DIEZ O LAS ONCE DE LA NOCHE, TODOS
LOS DIAS. PARA MANTENER ESTO SE NECESITA HACER MUCHO ESFUERZO,
TRABAJAR MUCHO. YO SOY, EN MI NEGOCIO, SOY EL ESCENOGRAFO, HAGO
TODA LA ESCENOGRAFIA DE MIS OBRAS Y SON CINCO TEATROS. TAMBIEN SOY
EL LUMINO-TECNICO, YA QUE ESA ERA MI LABOR EN CUBA, EN TROPICANA.
COMO YA LES DIJE ANTERIORMENTE, LES PIDO QUE ME AYUDEN. NO QUIERO
SER MUY... CON USTEDES, DEMORARLES MUCHO, HAN TRABAJADO MUCHO ESTA
TARDE, PORQUE YO ESTUVE AQUI POR LA MANANA A LAS NUEVE, Y ESTAN
AQUI TODAVIA. ENTONCES, ESTOY EN UNA SITUACION QUE SE QUE ESTA
NOCHE ESTOY ABIERTO, PERO NO SE QUE VA A PASAR MANANA O PASADO. Y
YO LES PIDO DE FAVOR QUE EL ESFUERZO QUE YO HE HECHO A TRAVES DE 27
ANOS NO LO DEJEN QUE SE DESBARATE EN UN DIA. YO TENGO ALLI CINCO
TEATROS, UN RESTAURANT, DIEZ OFICINAS, UN ESTUDIO DE TELEVISION. LA
MAYORIA DE TODAS ESTAS COSAS ESTAN VIRGEN PARA TRABAJAR Y PARA
INVENTAR. YO ME REUNI CON PADRON, DE MIAMI-DADE COMMUNITY COLLEGE,
Y LE DIJE QUE MIS TEATROS NO TRABAJAN DE LUNES A VIERNES NUNCA, QUE
ALLI PUDIERAMOS HACER MUCHAS COSAS PARA SACAR A LA JUVENTUD DE LA
CALLE, Y TENERLA EN UN LUGAR APRENDIENDO OFICIOS Y APRENDIENDO UNA
COSA BONITA PARA LA COMUNIDAD. POR FAVOR, NO QUIERO SER MAS
EXTENSO, Y LES PIDO QUE ME DEN LA OPORTUNIDAD DE DORMIR ESTA NOCHE
TRANQUILO. ESO ES TODO.
Translation: It's an honor for him to be here today in front of the City Commission. He has his
motives. He has a business, like all of you know, for 27 years, in a neighborhood that has a lot
of problems. He needs the help of all of you, and he has written you to tell you about it, like he
did to all the Commissioners of Dade County, and the Manager. Please, he's been there 27 years
with this load on top of him. He needs your help. As you see, that's the rendering of a dream
that he has to do there in that project. It would have been easy for him, maybe, to do the same
effort that he did in that neighborhood, to have done it in Coral Gables, and that he would be
probably very rich. But his culture, his roots, he has fought it a lot in this neighborhood, as all of
you know. He works seven days a week, from nine in the morning to ten or eleven o'clock at
night, to keep... He needs a lot of efforts to maintain this business, work a lot. He is the... In his
business, he is the scenographer. He does all the work and the scenes for all his plays. He is
also the technician, the light technician. That's what he did in Cuba, in Tropicana. As I told you
before, I am asking you... He doesn't want to be too... He says he doesn't want to take much of
your time, because you have worked a lot today. He's been here since early. He's in a situation
that if... He knows that tonight he is open, but he doesn't know what's going to happen
tomorrow. And what he's asking for, as a favor, that the effort that he has done through the 27
years, don't let it go down the drain. He has five theaters, one restaurant, ten offices, and a
television studio. The majority of those things are wide open, to be able to produce. He met
with Padron at Miami -Dade Community College, and he knows that his theaters don't work
from Monday through Friday, that he could do some... a lot of things there to get the youth out of
the streets, and to have them in a place where they could learn a trade, and to learn something
that would be pretty nice, too. Please, he doesn't want to extend himself anymore, take your
time. I'm asking for the opportunity to be able to sleep tonight. That's all.
Mayor Clark: Well, you got... He wants $200,000. He owes $300,000.
Mr. Odio: He wants $200,000.
Mayor Clark: You got money? You got money, Castaneda?
Commissioner De Yurre: Well, ask him how much he needs? Well, what's he asking for?
Translation: CUANTO DINERO USTED NECESITA?
272 January 12, 1995
Mr. Capote: DIGA?
Mr. Odio: CUANTO DINERO USTED NECESITA?
Mr. Capote: YO NECESITO LO QUE USTEDES ME PUEDAN DAR.
Translation: He needs whatever you can give him.
Vice Mayor Plummer: Well, let me ask this question, because we have in front of us that which
is the loans that are outstanding. The question here - I don't know who wrote it up - how many...
How much back taxes are due and unpaid at this particular time? I'm speaking of ad valorem
taxes, sales tax, and any other tax that is applicable.
Mr. Pablo Perez -Cisneros: I just heard from Tony Crapp, the executive director, that under the
search that they do on the loans, that they also find out that there are some taxes that are due. I
imagine that... I don't know the amount.
Vice Mayor Plummer: How much?
Mr. Perez -Cisneros: He doesn't know the amount yet.
Mr. Avila: Commissioner Plummer, he said it's about $7,000 worth of back taxes.
Vice Mayor Plummer: Is that ad valorem, sales tax? What kind of tax? Because I've got to
believe that the ad valorem is much more than $10,000.
Mayor Clark: "Sin" tax. "Sin" tax, he says.
Mr. Avila: Sales tax.
Vice Mayor Plummer: Huh?
Mr. Avila: Sales tax.
Vice Mayor Plummer: OK. But what about property taxes?
Mr. Avila: No property tax.
Mayor Clark: You don't have to... no property tax. You don't pay property taxes.
Mr. Perez -Cisneros: 1994 taxes have been paid?
Vice Mayor Plummer: Have the '94 taxes been... Well, he's not... they're not delinquent yet.
Mr. Perez -Cisneros: No.
Vice Mayor Plummer: OK? The question is, what can he provide in the way of additional
collateral? I heard him say that he owned other offices, a restaurant.
Mr. Odio: In the building. In the same building.
Vice Mayor Plummer: Oh, it's in the building?
Mr. Odio: Yeah.
273 January 12, 1995
Mr. Perez -Cisneros: Commissioners, let me put to you the situation.
Vice Mayor Plummer: What is the bottom line right now? What is the total with everything?
The loan, the first mortgage and the second mortgage, how much is the total that he owes?
Mr. Perez -Cisneros: Two hundred fifty, three hundred... approximately $400,000.
Vice Mayor Plummer: And what is the value of the property right there now? What is that?
Mr. Perez -Cisneros: I don't have the assessed value with me, but it's close to $600,000.
Vice Mayor Plummer: Six hundred?
Mr. Perez -Cisneros: Yes, sir.
Mayor Clark: You need a wraparound.
Mr. Perez -Cisneros: The thing is, there is a foreclosure proceeding going on on this.
Vice Mayor Plummer: Whoa, whoa, whoa. What?
Mr. Perez -Cisneros: There is a foreclosure proceeding going on in the second mortgage, and
that's why we're here for Miami Capital.
Mr. Avila: Commissioner Plummer.
Vice Mayor Plummer: Hey, speak to the Commission. I'm just trying to get some facts on the
table.
Mr. Avila: He said the property value he has, somebody can verify that in here, it's close to
$1,200,000.
Vice Mayor Plummer: Well, you know, is he paying tax... How much is his ad valorem tax?
I'll tell you very quick. How much is he paying in ad valorem taxes?
Mr. Odio: CUANTO PAGA EN IMPUESTOS SOBRE LA PROPIEDAD?
Vice Mayor Plummer: Approximately.
Mr. Capote: MIRA, YO ESTUVE CONSULTANDO CON UN REALTOR PARA VER SI SE
PODIA VENDER LA PROPIEDAD, Y YO LO TENGO AHI EN LA MALETA. ELLOS ME
HICIERON UNOS ESTIMADOS DE UN MILLION, CIEN MIL DOLARES.
Translation: He's been consulting some real estate people and asked about if he could sell the
property.
Vice Mayor Plummer: Excuse me.
Mr. Odio: Wait, let...
Vice Mayor Plummer: I'd like to get an answer to my question. My question was, how much
does he pay ad valorem taxes?
274 January 12, 1995
Mr. Odio: CUANTO PAGA USTED DE IMPUESTOS SOBRE LA PROPIEDAD?
Mr. Avila: He doesn't know. He doesn't know, Commissioner.
Vice Mayor Plummer: He doesn't know?
Mr. Avila: No.
Mr. Odio: He doesn't know.
Mayor Clark: It's in the... The check is in the mail.
Vice Mayor Plummer: Well, I mean, is he paying...
Mr. Capote: NO LO SE PORQUE... NO, NO SE. YO PUEDO DECIRSELO MANANA,
PERO HOY NO LO TRAJE.
Mr. Avila: He said he can bring it up to the Commission tomorrow...
Vice Mayor Plummer: But I mean, is it $40,000 a year, $50,000 a year? That's an awful lot of
money that you don't know.
Mr. Odio: CUANTO PAGA DE IMPUESTOS AL ANO?
Mr. Capote: AL ANO? CUANTO SE PAGA? NO... ME PERDONA, PERO... DEBT HABER
TRAIDO TODO ESO, PERO NO ME LO PREPARO MI CONTADOR, Y NO LO TENGO.
PERO EN ESO, YO NO DEBO MUCHO...
Translation: Forgive me, but he should have brought all of those documents to show that, but he
didn't. But his accountant did not prepare that. But he doesn't...
Mr. Odio: No, it's not what you owe. NO ES LO QUE DEBE, SINO CUANTO PAGA EN UN
ANO?
Mr. Capote: NO SE EXACTAMENTE YO DECIRSELO, SENOR, YO AHORA...
Translation: He doesn't know exactly what he's paying on it.
Mr. Capote: ... NO LO SE... DE VERDAD ES QUE NO...
Translation: He doesn't know.
Vice Mayor Plummer: Yeah, but the foreclosure is what's really bad news.
Mayor Clark: Yeah, terrible.
Commissioner De Yurre: The thing is, if there's a foreclosure, where does that put us with our
money?
Vice Mayor Plummer: Yeah. That's... more money.
Mr. Perez -Cisneros: That's the reason...
Commissioner De Yurre: Huh?
Mayor Clark: You'd be the fifth mortgage holder.
275 January 12, 1995
Commissioner De Yurre: Do we become the... Are we put in the position that we've got to buy
out the first, so we can just keep the whole property?
Mr. Perez -Cisneros: Commissioner, we are in... Miami Capital is in third position in this loan.
Commissioner De Yurre: In what?
Mr. Perez -Cisneros: In third position.
Commissioner De Yurre: OK.
Mr. Perez -Cisneros: They're the third mortgage holder. The second mortgage holder, which is
the American General Finance, is owed $52,076, and they want that money or foreclosure is in.
They don't want more payments or anything like this.
Commissioner De Yurre: Yeah, but there's also the first mortgage, also.
Mr. Perez -Cisneros: The first mortgage is $144,982.45, which is American Bank, and they are
behind in the payments, also.
Mr. Odio: I think that if the second one forecloses, the third position is wiped out, which is
where we are.
Commissioner De Yurre: No. The second wants to be paid off. They both want to be paid off.
Mr. Perez -Cisneros: Yes, sir, first and second want to be paid off.
Commissioner De Yurre: So that's why they're going through a foreclosure proceeding. So
basically, what we're looking at is, either we invest 200 and buy out the first two mortgages and
keep the property; or we give him $200,000, so he can keep it going; or we lose $200,000.
Mr. Perez -Cisneros: Correct.
Vice Mayor Plummer: That's what I pay you for. Mr. Manager, your recommendation, sir.
Mr. Odio: I don't have any money to give him at this time. We have no dollars in the general
fund that we can give at this time.
Vice Mayor Plummer: Well, look, let me put it this way. If his... If, in fact, his contention here
this evening is anywhere near right, I would consider the loan. If that facility is worth a
million... What did he say?
Mr. Avila: A million, two hundred thousand.
Mayor Clark: A million -two.
Vice Mayor Plummer: A million -four?
Commissioner De Yurre: I can't see that property being worth...
Vice Mayor Plummer: Shut up.
Mr. Odio: We don't have the money to lend out.
276 January 12, 1995
Mr. Avila: One million, one hundred thousand.
Vice Mayor Plummer: OK. If that facility is anywhere near a million -one, I would consider a
loan.
Mr. Odio: With what money, sir?
Vice Mayor Plummer: We'll find...
Mr. Odio: Yeah? I don't have the money, Commissioner.
Vice Mayor Plummer: Boy, you never know when to keep your mouth shut. I still will repeat
my premise.
Mayor Clark: That's the old Moose Hall.
Commissioner Gort: Mr. Mayor, can we use... Mr. Mayor? Mr. Mayor, may I ask...
Mayor Clark: Where's Herb Bailey?
Commissioner Gort: Mr. Mayor?
Mayor Clark: Yes, sir.
Commissioner Gort: My understanding, if this property was to be... If we were to foreclose on
this property, we could build houses in there. Do we use that money... Mr. Bailey, you walked
in at the right time!
Vice Mayor Plummer: They're all going to foreclose. They're all going to foreclose. He ain't
going to sell if he thinks it's a million -one.
Mr. Herb Bailey (Assistant City Manager): I don't understand the question. I didn't hear the
question.
Commissioner Gort: Mr. Bailey, there's a property of this gentleman here. We, Miami Capital,
gave him a loan, I think, of $300,000. He's got two mortgages that are ready to foreclose on the
property. One is for $152,000, the other one is for $52,000, a total of two hundred and some
thousand dollars. We're trying to help, but at the same time, if we can't help, we want to make
sure that if a foreclosure is to take place, and this gentleman is to fail, that we can take over the
property and utilize it for housing, therefore, being able to use funds from the housing. Just a
question.
Mr. Bailey: We can't use housing funds for a commercial project up front.
Commissioner Gort: OK. Thank you.
Vice Mayor Plummer: Again, Mr. Mayor, I say that if he can show and demonstrate that his
property is worth a million -one, then I think it's worth further talk. If he cannot demonstrate
that, then I think all bets are off.
Mr. Odio: USTED PUEDE DEMOSTRAR QUE... CAPOTE, USTED PUEDE DEMOSTRAR
QUE SU PROPIEDAD VALE UN MILLON DE DOLARES?
Vice Mayor Plummer: No, no, no, not a letter from an appraiser. Not... No, no. I'm talking
about six... They say that the appraisal, for tax purposes, is 68 percent of value. OK?
277 January 12, 1995
Mayor Clark: See what the assessed value is. You can find that out.
Vice Mayor Plummer: Let him present that to the Manager.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
68. GRANT REQUEST BY MIAMI BEACH CITY MANAGER, ROGER
CARLTON, FOR USE OF WATSON ISLAND AS OVERFLOW PARKING
SITE IN CONNECTION WITH LUCIANO PAVAROTTI CONCERT TO BE
HELD ON SOUTH BEACH (JANUARY 22, 1995).
Vice Mayor Plummer: I got another... I got... You got a pocket item? Oh, no, no pocket items.
Mayor Clark: All right, Willy, what have you got? What is it? He wants to get Watson Park.
Commissioner De Yurre: Are you going to move that Miami Beach Pavarotti thing?
Mayor Clark: Yeah, that's all right. You see that, Cesar?
Mr. Cesar Odio (City Manager): We recommend that, Commissioner.
Commissioner De Yurre: OK.
Mr. Odio: Based on the letter that Miami Beach sent.
Vice Mayor Plummer: Move it.
Commissioner De Yurre: I'll second the motion.
Mayor Clark: Cast a unanimous ballot. What's the other one?
Commissioner De Yurre: I'll give you the letter. And they have our tickets, right, for Pavarotti?
278 January 12, 1995
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.95-68
A RESOLUTION RELATED TO THE PAVAROTTI "ON THE BEACH" CONCERT
TO BE CONDUCTED BY THE CONCERT ASSOCIATION OF FLORIDA,
SPONSORED BY THE CITY OF MIAMI BEACH, ON JANUARY 22, 1995;
AUTHORIZING THE USE OF WATSON ISLAND FOR PARKING PURPOSES TO
PROVIDE THE PUBLIC WITH A PARK -AND -RIDE SERVICE FROM WATSON
ISLAND TO SOUTH BEACH FOR SAID EVENT; SAID AUTHORIZATION
CONDITIONED UPON THE ORGANIZERS PAYING FOR ALL NECESSARY
COSTS OF CITY SERVICES AND FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING ALL NECESSARY PERMITS AND INSURANCE TO PROTECT THE
CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
69. GRANT FUNDING REQUEST BY MUNICIPALITIES IN EXILE ($53,000)
FOR COMPLETION OF ITS BUILDING AT 2400 N.W. 14 STREET,
SUBJECT TO: (1) MANAGER IDENTIFYING APPROPRIATE FUNDING
SOURCE, AND (2) TENDERING BY SAID ORGANIZATION OF INVOICES
PRIOR TO ANY DISBURSEMENTS BY THE CITY FOR PAYMENT OF
SAME.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: And the other, the resolution concerning Mr. Gort, yes.
Commissioner Gort: Mr. Mayor, the other one is from the Miguel Tudela, president of
Municipalities in Exile. As you all know, the previous Commission gave some land to this
individual to build a house for the Municipality. My understanding is that the money that was
given to them was not sufficient, because of the different problems, the hurricanes, and the cost
going up, and they need an additional $53,000 to finish the Municipality House.
279 January 12, 1995
Mayor Clark: Get Herb Bailey.
Commissioner De Yurre: The Municipios need another fifty-three thousand to finish their
house.
Vice Mayor Plummer: Who?
Commissioner De Yurre: The Municipios.
Commissioner Dawkins: Fifty-three thousand?
Mr. Cesar Odio (City Manager): Yes. I recommend that. We have a lot of money invested into
that place, and we have to help him finish that... On our land...
Mayor Clark: Oh, you gave him the land, didn't you?
Mr. Odio: That's what I mean. We have a lot of money invested there.
Commissioner De Yurre: I second the motion.
Commissioner Gort: OK.
Vice Mayor Plummer: Excuse me. Is that a loan?
Mayor Clark: No, that's a grant.
Commissioner Gort: That's a grant.
Mr. Odio: But not funded...
Vice Mayor Plummer: I don't think you can give it as a grant. It's got to be a loan.
Commissioner De Yurre: Well, in the same fashion that we've given the other monies.
Commissioner Gort: The same as was done before.
Vice Mayor Plummer: Can we do it as a grant? I don't think so. Legally, I don't think we can
do it, so don't...
Mayor Clark: Frank can do it. Frank can do it. He does everything else.
Vice Mayor Plummer: If we can, fine, but let's don't do something illegal.
Mr. Odio: Let me find a way of doing it. Then if you approve it subject to...
Vice Mayor Plummer: OK. But here again...
Commissioner Gort: You all have a copy of the letter. I gave it to you all.
Mayor Clark: Yeah.
Vice Mayor Plummer: OK. But here again, Willy...
Commissioner Gort: It addresses the different funding from the County and the other... and the
State.
280 January 12, 1995
Vice Mayor Plummer: Willy.
Commissioner Gort: Yes.
Vice Mayor Plummer: That is, they're surrendering bills, and the Manager will approve the bills
and pay for the bills.
Commissioner Gort: No problem.
Vice Mayor Plummer: No grants, anything.
Mr. Odio: We can do it. I have to explain it to them, because if we do Community
Development...
Vice Mayor Plummer: They got to surrender bills to you.
Mr. Odio: ... with Community Development grants, the Davis -Bacon applies.
Mr. Frank Castaneda: Yeah. The problem with Federal funds is that it went through Davis
Bacon, and that is a half constructed building. So it's a technical problem.
Mayor Clark: OK. Is that it?
Commissioner Dawkins: You know, I get tired of hearing you guys complain about Bacon -
Davis. We have people in Little Havana, Liberty City, and everywhere, unemployed. All that
the Davis -Bacon Act said, you must pay prevailing wages. Why is it you always come up here
with...
Mr. Odio: No, we don't.
Commissioner Dawkins: We're giving money, and you're always telling me we can't give it,
because they got to pay prevailing wages.
Mr. Odio: No, no, I'm not. It's that we have to warn them that they have to.
Commissioner Dawkins: Oh. I'm sorry. Thank you. I beg your pardon.
Mr. Odio: We have to wam them that they have to do it.
281 January 12, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-69
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $53,000.00
FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN SUPPORT OF
MUNICIPALITIES TRUST FUND CORP., FOR THE COMPLETION OF PHASE I OF
THE BUILDING LOCATED AT 2400 NORTHWEST 14TH STREET, MIAMI,
FLORIDA, SAID BUILDING TO BE USED TO PROVIDE ASSISTANCE TO
REFUGEES FROM CUBA AND OTHER COUNTRIES; FURTHER, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH MUNICIPALITIES TRUST
FUND CORP. 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 De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
70. URGE FLORIDA LEGISLATURE TO ENACT THE OFFICER EVELYN
GORT CAREER CRIMINAL ACT DURING THE 1995 LEGISLATIVE
SESSION.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Any further... No more pockets?
Commissioner Gort: Lastly, I got one more, Mr....
Mayor Clark: Hey, that's finished. You're going to see the Manager. You got to get that back
to us. What is that there?
Commissioner Gort: Mr. Mayor.
282 January 12, 1995
Mayor Clark: Manager. He's got a...
Vice Mayor Plummer: What?
Commissioner Gort: The last item that I have.
Mayor Clark: Only two pockets.
Vice Mayor Plummer: Yeah. How many pockets you got?
Commissioner Gort: This is my last one.
Vice Mayor Plummer: Thank God.
Commissioner Gort: This is the... You all got a copy of this. I received this from the Police
Department, which is... I would like to bring up this pocket item. City Commission Meeting...
resolution urging the Florida Legislature to enact Officer Evelyn Gort Career Criminal Act in the
1965 Legislature.
Commissioner Dawkins: So move.
Vice Mayor Plummer: Yes, sir.
Mayor Clark: Seconded. Cast a unanimous ballot.
Vice Mayor Plummer: Yes, sir.
Commissioner Gort: Thank you.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-70
A RESOLUTION URGING THE FLORIDA LEGISLATION TO ENACT THE
OFFICER EVELYN GORT CAREER CRIMINAL ACT DURING THE 1995
LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THE HEREIN RESOLUTION TO THOSE OFFICIALS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
283 January 12, 1995
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
71. (Continued discussion) FURTHER CLARIFYING COMMENTS
CONCERNING MR. ERNESTO CAPOTE'S FUNDING REQUEST FOR
TEATRO MARTI -- REFER TO MANAGER -- REQUEST
ADMINISTRATION CHECK OUT ALLEGED BUILDING APPRAISED
VALUE. (See label 67)
Commissioner De Yurre: Mr. Mayor, what's the direction...
Vice Mayor Plummer: What?
Commissioner De Yurre: What's the direction on Mr. Capote? To talk to the Administration, or
what?
Vice Mayor Plummer: Well, let me just say what's... Victor, what he's given to me is an
appraisal done by a licensed realtor, which shows a million -one, and it's been scratched over
here. I don't know what this was.
Mayor Clark: It's a block of land, a half a block, two... a half a block of land, I know that.
Vice Mayor Plummer: This was in September of '94, as a proposed sale, I would assume.
Mayor Clark: What company?
Vice Mayor Plummer: And according to this, it was just for the stage, lighting and sound
equipment.
Mayor Clark: Leapfrog equipment.
Vice Mayor Plummer: But I would still... What I would suggest is to send it to the Manager, to
demonstrate that this thing is of value in excess of a million -one, or... a million -one or more, and
then we can talk.
Mayor Clark: And also check the appraised value by the County.
Vice Mayor Plummer: Oh, yeah. That's what I was... That was... basic.
END OF DISCUSSION -- NO ACTION TAKEN
284 January 12, 1995
----------------------------------------------------------------------------------------------------------------
72. DISCUSSION CONCERNING REQUEST THAT ADMINISTRATION CHECK
OUT ATTORNEYS TO PURSUE COLLECTION OF CODE ENFORCEMENT
FEES, ON A CONTINGENCY BASIS.
Vice Mayor Plummer: Mr. Manager, Mr. Manager. Mr. Mayor... Does anybody else have a
pocket item?
Commissioner Dawkins: Yeah, but I'll save mine.
Vice Mayor Plummer: Well, very simply, I would like to give permission at this time to the
Administration to proceed to engage legal lawyers - legal lawyers - to engage lawyers to pursue
the collection of Code Enforcement fees on a contingency basis.
Mayor Clark: Good idea. I thought he had that authority a couple weeks ago.
Vice Mayor Plummer: Well, there seems to be some reluctance of that hundred million dollars
laying out there.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner Plummer, I informed the Commission
when you brought this up before that I had hired a collection attorney, and a foreclosure attorney,
who are working very closely at going after these properties. In fact, they've started. The
Department of Finance identified the properties, and it's just a matter... Now we have the system
in place, and we're starting to go after them. It will be much cheaper for us to do it this way, and
I think you'll see...
Vice Mayor Plummer: I don't understand how it would be cheaper. On a contingency fee, that
if they collect, they collect; if they don't collect, they don't get anything.
Mr. Jones: Well...
Vice Mayor Plummer: It's a matter of you setting what is the percentage they would get. The
Manager is talking that there's a hundred million dollars out there.
Mr. Jones: Commissioner, that... That's not the case. I mean, that's the biggest fiction...
Vice Mayor Plummer: Excuse me. That's what I am told. That is not my figure.
Mr. Jones: That's the biggest fiction. I've discussed with Finance, and if we can... We've come
up with a realistic figure. If we can collect a million dollars, we'll be lucky.
Vice Mayor Plummer: Well, then, that's a million more than we've got,
Mr. Jones: Like I said, we pretty much... We got the process ongoing now. There are going to
be properties that we're going to foreclose on, and I have someone who is experienced, who is
in the private sector, who knows all about this.
Vice Mayor Plummer: No, no, no. But that's the point. I don't want one lawyer. I would like
to open up and solicit lawyers and law firms to come in and take a piece of the action on a
contingency basis.
285 January 12, 1995
Commissioner Dawkins: Why don't we wait six months and let the City Attorney's plan... see if
it works. He is the City Attorney. And if it doesn't work in six months, let's try something else.
Mr. Ruben Avila: Commissioner Plummer.
Vice Mayor Plummer: Because in six months, we're going to lose more money.
Mr. Avila: Commissioner Plummer, I'd like to have the floor for a minute.
Mr. Cesar Odio (City Manager): Could I ask a question, please, Ruben? Can we also think of an
amnesty plan, where people are offered that if they pay so much, they will clean up the...
Commissioner Dawkins: Well, what's the need of fining them then, if they're going to...
Mr. Avila: Commissioner Plummer.
Vice Mayor Plummer: Hey, you know, I...
Commissioner Dawkins: Goodnight.
Vice Mayor Plummer: OK. Well, you all don't want to give them that... Are you saying we
gave that authorization already to the Manager?
Commissioner Dawkins: No, I didn't.
Mr. Avila: Commissioner Plummer, I'd like to have the floor, please.
Vice Mayor Plummer: Well, there's not any votes here, so forget it.
Commissioner Dawkins: That's right. Thank you.
Vice Mayor Plummer: It's only a million dollars. It's nothing important.
Mr. Jones: We're going to get the money, I'm telling you, I guarantee you.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:22 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
286 January 12, 1995