HomeMy WebLinkAboutCC 1995-03-09 MinutesOF MEETING HELD ON MARCH 9, 1995
REGULAR
PREPARE® BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
ITEM SUBJECT
NO.
INDEX
MINUTES OF REGULAR MEETING
March 9, 1995
LEGISLATION PAGE
NO.
1.
PRESENTATIONS, PROCLAMATIONS &
DISCUSSION 1-2
SPECIAL ITEMS.
3/9/95
2.
ANNOUNCEMENT OF IMPENDING
DISCUSSION 2
MARRIAGE OF MS. VENINA CARR,
3/9/95
ADMINISTRATIVE ASSISTANT,
NUISANCE ABATEMENT BOARD.
3.
COMMISSION EXPRESSES ITS INTENT
R 95-155 2-3
TO SUPPORT AND ENCOURAGE ALL
3/9/95
EFFORTS RELATED TO ACQUISITION OF
A CANADIAN FOOTBALL LEAGUE
EXPANSION FRANCHISE TO BE LOCATED
IN THE CITY OF MIAMI - INSTRUCT
CITY MANAGER TO INFORM MESA
CHAIRMAN OF A SUGGESTIVE DATE TO
HOST A JOINT RECEPTION FOR
CANADIAN FOOTBALL LEAGUE
OFFICIAL.
4.
EXPRESS SYMPATHY AND CONDOLENCES
R 95-156 3-4
TO FAMILY AND FRIENDS OF GEORGE
3/9/95
ADAMS, WHO HAD SERVED THE CITY OF
MIAMI WITH DISTINCTION AS A
MEMBER OF THE POLICE DEPARTMENT
FOR 27 YEARS, AND AS A MEMBER OF
THE CIVIL SERVICE BOARD.
5.
RECOGNIZE REPRESENTATIVE OF RICOH
DISCUSSION 5
CORPORATION, HIRO INOUYE FOR
3/9/95
CONTRIBUTION IN CONNECTION WITH
MAINTAINING AND UPKEEPING THE
JAPANESE GARDEN ON WATSON ISLAND.
6.
EXPRESS TO THE FLORIDA DELEGATION
R 95-157 6-7
IN WASHINGTON, D.C., COMMISSION'S
3/9/95
STRONG OPPOSITION TO THE
REDUCTION OF FEDERAL FUNDING TO
THE SUMMER YOUTH EMPLOYMENT
PROGRAM.
7. (A) DISCUSS AND TABLE (UNTIL 10
M 95-158
A.M.) CONSIDERATION OF PROPOSED
3/9/95
RESOLUTION TO AUTHORIZE SUBMITTAL
OF CITY OF MIAMI'S FY 1995-1996
PROPOSED CONSOLIDATED PLAN,
INCLUDING FY 1995 PLAN WITH
PROJECTED USES OF FUNDS FOR THE
CITY'S COMMUNITY DEVELOPMENT
BLOCK GRANT, HOME INVESTMENT
PARTNERSHIPS, EMERGENCY SHELTER
GRANT AND HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS PROGRAMS TO
THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT. (See
label 21)
(B) DISCUSS AND TABLE (UNTIL 10
A.M.) CONSIDERATION OF PROPOSED
FIRST READING ORDINANCE TO
ESTABLISH FOUR NEW SPECIAL
REVENUE FUNDS: (1) COMMUNITY
DEVELOPMENT BLOCK GRANT (21ST
YEAR) - APPROPRIATE $13,709,000;
(2) HOME INVESTMENT PARTNERSHIP -
APPROPRIATE $4,038,000; (3)
EMERGENCY SHELTER GRANT -
APPROPRIATE $494,000; AND (4)
HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS -- APPROPRIATE
$7,906,000. (See label 22)
(C) APPOINT COMMISSIONER DAWKINS
AND FRANK CASTANEDA, DIRECTOR OF
COMMUNITY DEVELOPMENT DEPARTMENT,
TO MEET WITH U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
(HUD) OFFICIALS TO HAVE THEM
EXPLAIN HUD'S PROCEDURE FOR
SUBMITTAL OF A SINGLE GRANT
APPLICATION FOR THE ABOVE CITED
FOUR FORMULA PROGRAMS IS A
REQUIREMENT FOR FUNDING OF THE
CITY'S PROPOSED FY 1995-1996
CONSOLIDATED PLAN.
8. CONSENT AGENDA.
DISCUSSION
3/9/95
7-17
18-21
8.1
AWARD CONTRACT: RESPECT OF
R 95-159 22
FLORIDA (UNDER FLORIDA
3/9/95
ADMINISTRATIVE CODE, SECTION 60E-
1.005 [FORMERLY 13G-1.005)) --
FOR CUSTODIAL MAINTENANCE
SERVICES AT MANUEL ARTIME
COMMUNITY CENTER -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION & SOLID WASTE --
ALLOCATE $34,800 -- EXTEND
CONTRACT, SUBJECT TO AVAILABILITY
OF FUNDS.
8.2
ACCEPT BIDS: (1) MIAMI SPRINGS
R 95-160 22
CYCLERY -- FOR FURNISHING BICYCLE
3/9/95
ACCESSORIES ($8,940.48), AND (2)
BIKE TECH -- FOR FURNISHING 10
POLICE BICYCLES ($14,190.48) --
FOR POLICE DEPARTMENT.
8.3
ACCEPT BID: D. M. & E. OF LAS
R 95-161 23
VEGAS, INC. -- FOR FURNISHING AN
3/9/95
OIL FILTER CRUSHER -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION & SOLID WASTE,
FLEET MANAGEMENT DIVISION --
ALLOCATE $4,975.
8.4
ACCEPT BID: LEADEX
R 95-162 23
CORPORATION -- FOR FURNISHING /
3/9/95
INSTALLATION OF PLAYGROUND
EQUIPMENT AT EATON PARK -- FOR
DEPARTMENT OF PARKS &
RECREATION -- ALLOCATE $33,300
(CIP PROJECT 331361).
8.5
ACCEPT BID: TRADEWINDS POWER
R 95-163 24
CORPORATION -- FOR FURNISHING 16
3/9/95
ENGINES -- FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION &
SOLID WASTE -- ALLOCATE $74,832
(CIP PROJECT 353010).
8.6
ACCEPT BID: CENTRAL PUBLIC
R 95-164 24
SAFETY EQUIPMENT -- FOR
3/9/95
FURNISHING 150 RIOT SHIELDS --
FOR POLICE DEPARTMENT -- ALLOCATE
$6,808.50.
8.7
AUTHORIZE PURCHASE OF GAS
R 95-165
24-25
REFRIGERANT (UTILIZING DADE
3/9/95
COUNTY CONTRACT 1046-7/93-1) --
FROM REFRON, INC. -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION & SOLID WASTE --
ALLOCATE $7,654.26.
8.8
AUTHORIZE FUNDING FOR THE CHARLES
R 95-166
25
BELL YOUTH DEVELOPMENT FUND,
3/9/95
SPONSORED BY THE URBAN LEAGUE OF
MIAMI, INC. -- ALLOCATE $17,000
FROM LAW ENFORCEMENT TRUST FUND
(LETF).
8.9
APPROVE APPLICATION FOR TWO-DAY
R 95-167
25
STATE LIQUOR PERMIT -- BY FLORIDA
3/9/95
INTERNATIONAL RESTAURANT & HOTEL
EXPO, INC. -- FOR DISPLAY BY
MANUFACTURERS / DISTRIBUTORS OF
PRODUCTS LICENSED UNDER THE STATE
BEVERAGE LAW, AND FOR CONSUMPTION
OF SUCH BEVERAGES ON THE PREMISES
OF THE COCONUT GROVE CONVENTION
CENTER (JULY 22-23, 1995).
8.10
ACCEPT TWO DEEDS OF DEDICATION
R 95-168
26
FOR HIGHWAY PURPOSES.
3/9/95
8.11
ACCEPT BIDS: (1) OMNI BUSINESS
R 95-169
26
SYSTEMS ($5,748) -- FOR PURCHASE
3/9/95
OF ONE RICOH MV-715 MODEL
TELECOPIER, AND (2) SAXON
BUSINESS SYSTEMS ($5,088) -- FOR
TWO PANASONIC 755E MODEL
TELECOPIERS -- FOR LAW
DEPARTMENT.
9.
APPOINT INDIVIDUALS TO SERVE AS
R 95-170
26-27
MEMBERS OF THE MIAMI WATERFRONT
3/9/95
ADVISORY BOARD TO FILL REMAINDER
OF UNEXPIRED TERMS. (Appointed
were: Luis De Rosa & Stuart
Sorg.)
10.
ESTABLISH / APPOINT MEMBERS TO
M 95-171 28
SELECTION COMMITTEE TO REVIEW /
3/9/95
EVALUATE / PROPOSALS FOR
PREPARATION OF CENTRAL SERVICES
COST ALLOCATION PLANS.
(Appointed were: Gabriel
Bustamante, Elena Carpenter &
Mirta Guerra -Aguirre. Pending
still are two appointments to be
made. See label 15,
incorporating Commissioner Gort's
appointment.)
11.
APPOINT DAVID CABARROCAS TO SERVE
R 95-172 29
AS A MEMBER OF THE LATIN QUARTER
3/9/95
REVIEW BOARD TO FILL REMAINDER OF
UNEXPIRED TERM.
12.
APPOINT JANET GAVARRETE TO SERVE
R 95-173 30
AS A MEMBER OF THE MIAMI RIVER
3/9/95
COORDINATING COMMITTEE.
13.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 31
OF PROPOSED RESOLUTION TO APPOINT
3/9/95
AN INDIVIDUAL AS A REGULAR MEMBER
OF THE PLANNING ADVISORY BOARD.
14.
(A) APPOINT HUMBERTO HERNANDEZ TO
R 95-174 31-35
SERVE AS A REGULAR MEMBER OF THE
3/9/95
ZONING BOARD. [Pending still are
two appointments to be made.]
(B) DISCUSS POSSIBLE CONFLICT
CONCERNING RESIGN TO RUN LAW /
DUAL OFFICE HOLDING.
15.
(Continued Discussion) APPOINT
R 95-175 35-36
MIRTA GUERRA-AGUIRRE TO THE
3/9/95
SELECTION COMMITTEE TO REVIEW AND
EVALUATE PROPOSALS FOR
PREPARATION OF CENTRAL SERVICES
COST ALLOCATION PLANS. (See
label 10)
16.
DISCUSSION CONCERNING "SUMMIT OF
DISCUSSION 36-37
THE AMERICAS" RELATED COSTS AT
3/9/95
BAYFRONT PARK -- REQUEST
REIMBURSEMENT.
17. (A) NAME POOL AT CHARLES HADLEY R 95-176 37-40
PARK IN HONOR OF COMMISSIONER 3/9/95
MILLER J. DAWKINS.
(B) COMMISSIONER DAWKINS REQUEST
OF COMMISSION TO INQUIRE OF THE
ADMINISTRATION WHY THERE HAVE
BEEN NO OPERABLE LIGHTS AND
TELEPHONES IN HADLEY PARK.
18. DISCUSSION CONCERNING THE
"COCONUT GROVE WALK OF FAME
PROJECT" LIST OF NOMINEES
SUBMITTED BY THE COCONUT GROVE
CHAMBER OF COMMERCE TO BE HONORED
WITH INSTALLATION OF PLAQUES IN
SIDEWALK OF COCONUT GROVE
BUSINESS AREA -- REFER TO
MANAGER.
19. ACCEPT CITY MANAGER'S
RECOMMENDATION TO ALLOW THE
FOLLOWING BOARDS TO CONTINUE IN
EXISTENCE FOR ANOTHER YEAR: (1)
AFFIRMATIVE ACTION ADVISORY
BOARD; (2) BAYFRONT PARK
MANAGEMENT TRUST; (3) CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY
BOARD; (4) CIVIL SERVICE BOARD;
(5) CODE ENFORCEMENT BOARD; (6)
DOWNTOWN DEVELOPMENT AUTHORITY,
AND (7) OVERTOWN ADVISORY BOARD.
20. ACCEPT I CERTIFY RESULTS FROM
SPECIAL NEIGHBORHOOD ELECTION
HELD ON FEBRUARY 26, 1995,
WHEREIN PROPERTY OWNERS IN CORAL
GATE, DAVIS CITRUS FARM AND OTHER
AFFECTED SUBDIVISION AREAS
OVERWHELMINGLY VOTED IN FAVOR OF
INSTALLING PERMANENT BARRICADES
IN PLACE OF PRESENT TEMPORARY
BARRICADES -- STIPULATE THAT
PUBLIC WORKS DEPARTMENT SELECT
TYPE OF PERMANENT BARRICADE TO BE
ERECTED, AND SUBMIT SAME TO THE
COMMISSION FOR APPROVAL --
STIPULATE THAT AFFECTED
SUBDIVISION AREAS PAY FOR THE
BARRICADES.
DISCUSSION
3/9/95
M 95-177
3/9/95
R 95-178
3/9/95
40-42
42-43
43-52
21. (Continued) AUTHORIZE SUBMITTAL
OF CITY OF MIAMI'S FY 1995-1996
PROPOSED CONSOLIDATED PLAN,
INCLUDING FY 1995 PLAN WITH
PROJECTED USES OF FUNDS FOR THE
CITY'S COMMUNITY DEVELOPMENT
BLOCK GRANT, HOME INVESTMENT
PARTNERSHIPS, EMERGENCY SHELTER
GRANT AND HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS PROGRAMS TO
THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT -- EXECUTE
NECESSARY IMPLEMENTING
AGREEMENTS. (See label 7A)
22. (A) (Continued) FIRST READING
ORDINANCE: ESTABLISH FOUR NEW
SPECIAL REVENUE FUNDS: (1)
COMMUNITY DEVELOPMENT BLOCK GRANT
(21ST YEAR) - APPROPRIATE
$13,709,000; (2) HOME INVESTMENT
PARTNERSHIP - APPROPRIATE
$4,038,000; (3) EMERGENCY SHELTER
GRANT - APPROPRIATE $494,000; AND
(4) HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS -- APPROPRIATE
$7,906,000 -- APPROPRIATE
$2,700,000 FROM 20TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM INCOME (AS
APPROVED BY DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD]) --
TOTAL APPROPRIATION: $16,409,000.
(See label 7B)
(B) DISCUSSION CONCERNING
ABSENCES FROM MEMBERS OF THE
CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD MEETINGS.
23. DISCUSSION CONCERNING OPERATION
OF MIAMARINA.
24. RATIFY MANAGER'S FINDING OF SOLE
SOURCE -- WAIVE REQUIREMENT FOR
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF A UNITEL 850
DIGITAL SPREAD SPECTRUM UNITIZED
INTELLIGENCE SYSTEM FROM AUDIO
INTELLIGENCE DEVICES, INC. FOR
POLICE DEPARTMENT.
R 95-179
3/9/95
ORDINANCE
FIRST
READING
3/9/95
DISCUSSION
3/9/95
R 95-180
3/9/95
52-53
54-62
62-67
25. GRANT REQUEST BY REPRESENTATIVE R 95-181 68-70
OF JEFATURA MILITAR CONJUNTA 3/9/95
(BRIGADA 2506) FOR CONTINUED USE
OF OFFICE SPACE AT MANUEL ARTIME
COMMUNITY CENTER (ON A MONTH -TO -
MONTH BASIS) -- DIRECT
ADMINISTRATION TO NOTIFY TENANTS
THAT RENTAL TERMS ARE SUBJECT TO
CHANGE.
26. GRANT REQUEST BY NATIONAL R 95-182 70-71
JOURNALIST ASSOCIATION OF CUBA IN 3/9/95
EXILE, INC. FOR CONTINUED USE OF
OFFICE SPACE AT MANUEL ARTIME
COMMUNITY CENTER (ON A MONTH -TO -
MONTH BASIS) -- DIRECT
ADMINISTRATION TO NOTIFY TENANTS
THAT RENTAL TERMS ARE SUBJECT TO
CHANGE.
27. GRANT REQUEST BY D.E. GIDI AND R 95-183 72-74
ASSOCIATES, CORP. FOR ADDITIONAL 3/9/95
FUNDING OF $16,403 TO COVER PRICE
INCREASES IN CONNECTION WITH
CURTIS PARK REDEVELOPMENT
RESTROOM BUILDING PROJECT 2-B-
2983.
28. GRANT REQUEST BY REPRESENTATIVE R 95-184 75-77
OF THE COCONUT GROVE BED RACE FOR 3/9/95
NEUROMUSCULAR DISEASES FOR A ONE -
DAY PERMIT TO SELL BEER IN THE
EVENT AREA (MAY 21, 1995).
29. GRANT REQUEST BY REPRESENTATIVES R 95-185 77-81
OF PATRIARCH, INC. FOR A PERMIT 3/9/95
TO DISTRIBUTE DRUG ABUSE AND AIDS
PREVENTION LITERATURE IN THE CITY
OF MIAMI.
30. REFER TO CITY MANAGER REQUEST BY M 95-186 81-86
MANAGEMENT CORP. FOR USAGE OF 3/9/95
OUTER GROUNDS AND/OR PARKING LOTS
OF THE ORANGE BOWL FOR THE
CREATION OF AN OUTDOOR BAZAAR --
REQUEST MANAGER TO COME BACK WITH
A PLAN FOR ENHANCEMENT OF THE
AREA.
31.
SECOND READING ORDINANCE:
ORDINANCE 87-88
ESTABLISH SPECIAL REVENUE FUND:
11230
SOLID WASTE REDUCTION: RECYCLING
3/9/95
AND EDUCATION (FY'95) -- ACCEPT
GRANT OF $456,779 FROM STATE OF
FLORIDA DEPARTMENT OF
ENVIRONMENTAL REGULATIONS --
EXECUTE NECESSARY DOCUMENTS.
32.
SECOND READING ORDINANCE: AMEND
ORDINANCE 88-91
ORDINANCE 11205 (CAPITAL
11231
IMPROVEMENTS PROJECTS
3/9/95
APPROPRIATIONS) -- ESTABLISH NEW
CAPITAL PROJECT NO. 313825: SOUTH
FLORIDA URBAN SEARCH AND RESCUE
TASK FORCE EQUIPMENT ACQUISITION
PROGRAM -- ACCEPT GRANT OF
$495,000 FROM THE HURRICANE
ANDREW RECOVERY AND REBUILDING
TRUST FUND (AS ADMINISTERED BY
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS) -- EXECUTE NECESSARY
DOCUMENTS.
33.
DISCUSSION CONCERNING
DISCUSSION 91-92
RESCHEDULING OF MARCH 23RD
3/9/95
COMMISSION MEETING TO MARCH 27TH.
(See label 60)
34.
(A) SECOND READING ORDINANCE:
ORDINANCE 92-97
AMEND CODE SECTION 40-239 --
11232
PROVIDE INCENTIVE RETIREMENT
3/9/95
PROGRAM TO MEMBERS OF THE CITY OF
MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT
TRUST WHO ARE REPRESENTED BY THE
LABORERS' INTERNATIONAL UNION OF
NORTH AMERICA, AFL-CIO, LOCAL
800 -- PROVIDE THREE YEARS
SERVICE CREDIT TO MEMBERS
ELIGIBLE TO RETIRE UNDER RULE OF
70 AND TO NON -ELIGIBLE MEMBERS
WHO, WITH THE ADDITIONAL THREE
YEARS SERVICE CREDIT, WOULD
QUALIFY UNDER RULE OF 70 --
PROVIDE FOR HEALTH INSURANCE
COVERAGE.
(B) COMMISSIONER DAWKINS
COMPLAINS HE IS NOT GIVEN
SUFFICIENT INFORMATION ON CERTAIN
ITEMS.
35. APPROVE (FOR PURPOSES OF SECTION
147(F) OF INTERNAL REVENUE CODE,
1986) A TAX-EXEMPT LEASE AMONG
CITY OF MIAMI: (1) HEALTH
FACILITIES AUTHORITY; (2) GENERAL
ELECTRIC CAPITAL CORPORATION; AND
(3) PAN AMERICAN HOSPITAL
CORP. -- PROVIDE FOR LEASE /
SUBLEASE OF CERTAIN CAPITAL
EQUIPMENT WITH PRINCIPAL
COMPONENTS OF LEASE PAYMENTS OF
UP TO $1,300,000 -- APPROVE
MINUTES OF PUBLIC HEARING HELD BY
THE AUTHORITY.
36. SECOND READING ORDINANCE: AMEND
CODE SECTION 22-12 (a) (GARBAGE
AND TRASH / ARTICLE 1 / WASTE
FEES) -- REFLECT PURPOSE FOR
WASTE FEES AND PROVIDE FOR
INCREASES, WHEN NECESSARY, OF
SAID FEES.
37. APPROVE LOCAL HOUSING ASSISTANCE
PLAN PURSUANT TO IMPLEMENTATION
OF STATE OF FLORIDA'S STATE
HOUSING INITIATIVES PARTNERSHIP
(SHIP) PROGRAM IN CITY OF MIAMI
(FISCAL YEARS 1995-1998) --
AUTHORIZE MANAGER TO EXECUTE
APPROPRIATE CERTIFICATIONS I
DOCUMENTS TO CARRY OUT TERMS /
CONDITIONS OF SHIP PROGRAM --
SUBMIT CITY'S LOCAL HOUSING
ASSISTANCE PLAN FOR REVIEW /
APPROVAL BY FLORIDA HOUSING
FINANCE AGENCY -- APPROVE MAXIMUM
AWARD SCHEDULE AND EFFECTIVE
DATE.
R 95-187
3/9/95
ORDINANCE
11233
3/9/95
R 95-188
3/9/95
97-99
99-100
100-103
38. (A) FIRST READING ORDINANCE:
ESTABLISH CITY OF MIAMI'S LOCAL
HOUSING ASSISTANCE PROGRAM
PURSUANT TO STATE HOUSING
INITIATIVES PARTNERSHIP ACT (SHIP
PROGRAM) -- DESIGNATE
RESPONSIBILITY FOR IMPLEMENTATION
/ ADMINISTRATION OF THE CITY'S
LOCAL HOUSING ASSISTANCE
PROGRAM -- CREATE CITY OF MIAMI'S
LOCAL HOUSING ASSISTANCE TRUST
FUND -- CREATE CITY OF MIAMI'S
LOCAL HOUSING PARTNERSHIP --
ESTABLISH CITY OF MIAMI'S
AFFORDABLE HOUSING ADVISORY
COMMITTEE (AS REQUIRED BY SECTION
420.9076, FLORIDA STATUTES) --
ADOPT AFFORDABLE HOUSING
INCENTIVE PLAN.
(B) DISCUSS PROCEDURE TO
DETERMINE WHO WILL GET HOUSES AT
ST. HUGH OAKS.
39. AUTHORIZE CITY MANAGER TO EXECUTE
AMENDMENT NO. 3 TO EXISTING
AGREEMENT WITH THE YWCA OF
GREATER MIAMI, INC., CONCERNING
REHABILITATION OF OVERTOWN /
CULMER CHILD DAY CARE CENTER
FACILITY PROJECT (1009 N.W. 5
AVENUE): (1) ACCEPT ADDITIONAL
$250,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS, FROM
METROPOLITAN DADE COUNTY, TO BE
COMBINED WITH CITY FUNDS, FOR
TOTAL PROJECT AMOUNT OF $575,000,
FOR REHABILITATION OF THE CENTER;
AND (2) STIPULATE THAT THE CITY
WILL OVERSEE IMPLEMENTATION OF
SAID PROJECT AND MONITOR BUDGET
EXPENDITURES, IN COMPLIANCE WITH
DAVIS-BACON DIRECTIVES -- EXECUTE
AGREEMENT WITH METROPOLITAN DADE
COUNTY, ACCEPTING SAID GRANT
FUNDS AND ADMINISTERING SAME FOR
REHABILITATION OF CENTER.
ORDINANCE
FIRST
READING
3/9/95
R 95-189
3/9/95
104-108
109-110
40. FIRST READING ORDINANCE:
ESTABLISH NEW SPECIAL REVENUE
FUND: YWCA OVERTOWN / CULMER
CHILD DAY CARE FACILITY
REHABILITATION -- APPROPRIATE
$250,000 FROM METROPOLITAN DADE
COUNTY GRANT -- GRANT FUNDS TO BE
COMBINED WITH CITY FUNDS, IN THE
AMOUNT OF $325,000, FOR CITY TO
ADMINISTER / COMPLETE
REHABILITATION OF SAID FACILITY.
41. AUTHORIZE CITY MANAGER TO SELECT
A CONSULTANT AND ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT,
TO PROVIDE EXPERT PLANNING AND
ECONOMIC ANALYSIS SERVICES FOR
FORMULATION OF THE U.S. NAVAL
RESERVE CENTER - TIGERTAIL
REDEVELOPMENT PLAN -- ALLOCATE
$50,000 -- AUTHORIZE MANAGER TO
SUBMIT GRANT APPLICATION TO
DEPARTMENT OF DEFENSE, OFFICE OF
ECONOMIC ADJUSTMENT, TO OBTAIN
REIMBURSEMENT OF SAID FUNDS.
42. DISCUSS AND DEFER CONSIDERATION
OF PROPOSED RESOLUTION TO APPOINT
MEMBERS TO A REVIEW COMMITTEE AND
SELECT A CERTIFIED PUBLIC
ACCOUNTING FIRM -- TO EVALUATE
PROPOSALS RECEIVED IN CONNECTION
WITH A REQUEST FOR PROPOSALS
(RFP) FOR THE UNIFIED DEVELOPMENT
OF:
(A) THE MIAMI MARINE STADIUM AND
RELATED FACILITIES (ISSUED ON
FEBRUARY 28, 1995).
(B) A CAMPGROUND AND RELATED
FACILITIES ON VIRGINIA KEY
(ISSUED ON MARCH 7, 1995).
(C) A MEGA YACHT MARINA ON WATSON
ISLAND (ISSUED ON FEBRUARY 21,
1995)
ORDINANCE
FIRST
READING
3/9/95
R 95-190
3/9/95
M 95-191
3/9/95
113-122
43. AUTHORIZE ADMINISTRATION TO WORK R 95-192 123-130
IN CONCERT WITH BONDHOLDERS OF 3/9/95
ARENA SQUARE APARTMENTS TO
EVALUATE ALTERNATIVES REGARDING
DISPOSITION / REHABILITATION OF
12 BUILDINGS ON SEVEN NON-
CONTIGUOUS PARCELS IN THE
OVERTOWN DEVELOPMENT TARGET
AREA -- BY STRUCTURING FINANCIAL
INCENTIVES TO ATTRACT NEW PRIVATE
SECTOR INVESTMENT, WITH SPECIFIC
PURPOSE OF EFFECTING: (1)
CONVERSION OF 162 UNITS (AT 268
N.W. 11 STREET & 275 N.W. 10
STREET) FROM RENTAL TO HOME-
OWNERSHIP UNITS; AND (2)
REHABILITATION AND RE -OCCUPANCY
OF 397 OF REMAINING UNITS --
DIRECT MANAGER TO IDENTIFY /
PROVIDE TO BONDHOLDERS LIST OF
PROSPECTIVE FOR -PROFIT AND NOT -
FOR -PROFIT HOUSING DEVELOPERS
EXPRESSING INTEREST IN
ACQUISITION / REHABILITATION OF
SUBJECT PROPERTIES -- DIRECT
MANAGER TO OBTAIN FINAL APPROVAL
TO EFFECTUATE CITY PARTICIPATION
IN THIS MATTER AT APRIL 13, 1995
COMMISSION MEETING.
44. ACCEPT BID: CEDARVILLE R 95-193 130-131
MANUFACTURING -- FOR FURNISHING 3/9/95
TWENTY 1 CUBIC YARD BUCKETS --
FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION & SOLID
WASTE -- ALLOCATE $123,500 FROM
CIP PROJECT 353010.
45. ACCEPT BID: KILPATRICK TURF R 95-194 131-132
EQUIPMENT -- FOR FURNISHING THREE 3/9/95
SEVEN GANG MOWERS -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION & SOLID WASTE,
FLEET MANAGEMENT DIVISION --
ALLOCATE $124,794.
46. AUTHORIZE LEASE / PURCHASE OF 100 R 95-195 132-134
1995 CHEVROLET CAVALIERS -- FROM 3/9/95
MAROONE CHEVROLET, TO BE ACQUIRED
THROUGH 36-MONTH LEASE / PURCHASE
PLAN OFFERED BY A FINANCIAL
INSTITUTION -- FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION &
SOLID WASTE -- ALLOCATE
$1,109,500.
47. ESTABLISH LIST OF LAW FIRMS R 95-196 134-135
QUALIFIED TO PROVIDE BOND COUNSEL 3/9/95
SERVICES: (1) ADORNO & ZEDER,
P.A.; (2) ECKERT, SEAMANS,
CHERNIN & MALLOTT; (3) GREENBERG,
TRAURIG, HOFFMAN, LIPOFF, ROSEN &
QUENTEL, P.A.; (4) HALEY, SINAGRA
& PEREZ, P.A. (AS MINORITY FIRM
TO BE PAIRED WITH SENIOR BOND
COUNSEL); (5) HOLLAND & KNIGHT;
(6) MCCRARY & MOSLEY (AS MINORITY
FIRM TO BE PAIRED WITH SENIOR
BOND COUNSEL); (7) MERSHON,
SAWYER, JOHNSTON, DUNWODY & COLE;
(8) MITRANI, RYNOR & GALLEGOS,
P.A. / NIXON, HARGRAVE, DEVANS &
DOYLE, MIAMI JOINT VENTURE; (9)
RUDEN, BARNETT, McCLOSKY, SMITH,
SCHUSTER & RUSSELL, P.A.; (10)
SQUARE, SANDERS & DEMPSEY; AND
(11) WHITE & CASE.
48. AUTHORIZE PURCHASE OF R 95-197 136-139
MICROCOMPUTERS, PRINTERS, BOARDS 3/9/95
AND PERIPHERAL EQUIPMENT AND
SOFTWARE FROM VARIOUS VENDORS --
UTILIZE: (1) STATE OF FLORIDA
CONTRACT NO. 250-040/93-1; AND
(2) DADE COUNTY CONTRACTS NUMBERS
1059-10/93-OTR-CW AND 1941-2-96-
OTR-CW -- FOR DEPARTMENT OF
MANAGEMENT OF BUDGET -- ALLOCATE
$300,000 FROM VARIOUS CITY
DEPARTMENTS, AT TIME OF NEED.
49. RESCIND 94-736 (WHEREBY R 95-198
RESURFACING OF FIVE TENNIS AND 3/9/95
BASKETBALL COURTS IN GIBSON PARK
BY AGILE COURTS CONSTRUCTION
COMPANY, INC. WAS AUTHORIZED) --
AUTHORIZE RESURFACING OF FIVE
TENNIS AND BASKETBALL COURTS IN
GIBSON PARK -- FOR DEPARTMENT OF
PARKS & RECREATION (UNDER
EXISTING DADE COUNTY CONTRACT
1153-0/95) -- BY AAA COURTS,
INC. -- ALLOCATE $15,805 FROM CIP
331341.
50. RESCIND 94-735 (WHEREBY R 95-199
RESURFACING OF BASKETBALL COURT 3/9/95
IN EATON PARK BY AGILE COURTS
CONSTRUCTION COMPANY, INC. WAS
AUTHORIZED) -- APPROVE
RESURFACING OF BASKETBALL COURT
IN EATON PARK -- FOR DEPARTMENT
OF PARKS & RECREATION (UNDER
EXISTING DADE COUNTY CONTRACT
1153-0/95) -- BY AAA COURTS,
INC. -- ALLOCATE $11,311 FROM CIP
331361.
51. AUTHORIZE RESURFACING / R 95-200
INSTALLATION OF BASKETBALL AND 3/9/95
TENNIS COURTS AT HENDERSON
PARK -- BY AAA COURTS, INC. --
FOR DEPARTMENT OF PARKS &
RECREATION (UTILIZING DADE COUNTY
CONTRACT 1153-0/95) -- ALLOCATE
$23,625.46 FROM CIP 331356.
52. AUTHORIZE CONTINUED FINANCING OF R 95-201
PROTRACTED, COMPLEX 3/9/95
INVESTIGATIONS -- ALLOCATE
$350,000 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
53. ACCEPT BID: MIRI CONSTRUCTION, R 95-202
INC. -- FOR LOCAL DRAINAGE 3/9/95
PROJECT E-71 B-5612 -- ALLOCATE
FUNDS FROM CIP 352231 ($362,420
TO COVER CONTRACT COST AND
$59,274 TO COVER ESTIMATED
EXPENSES, FOR ESTIMATED TOTAL
COST OF $421,694) -- EXECUTE
CONTRACT.
139-140
141
142
143-144
144-145
xls-
54. ACCEPT BID: ROYAL ENGINEERING R 95-203 145-146
CONSTRUCTIONS, INC. -- FOR 3/9/95
CITYWIDE SIDEWALK REPLACEMENT
PROJECT - PHASE 9 (SECOND
BIDDING) B-4571 -- ALLOCATE FUNDS
FROM CIP 341175 ($339,750 TO
COVER CONTRACT COST AND $39,424
TO COVER ESTIMATED EXPENSES, FOR
ESTIMATED TOTAL COST OF
$379,174) -- EXECUTE CONTRACT.
55. ACCEPT BID: P.N.M. R 95-204 146-148
CORPORATION -- FOR N.E. 2 AVENUE 3/9/95
BEAUTIFICATION PROJECT B-4573 --
ALLOCATE FUNDS FROM 19TH YEAR
CDBG PROJECT 704402 ($90,791 TO
COVER CONTRACT COST AND
$15,077.82 TO COVER ESTIMATED
EXPENSES, FOR ESTIMATED TOTAL
COST OF $105,869.32) -- EXECUTE
CONTRACT.
56. ACCEPT BID: VILA & SON R 95-205 148-150
LANDSCAPING CORP. -- FOR BISCAYNE 3/9/95
BOULEVARD MASTER LANDSCAPING PLAN
(SECOND BIDDING) B-4549 --
ALLOCATE FUNDS FROM 19TH YEAR
CDBG PROJECT 701204 ($56,919.80
TO COVER CONTRACT COST AND
$16,564 TO COVER ESTIMATED
EXPENSES, FOR ESTIMATED TOTAL OF
$73,483.80) -- EXECUTE CONTRACT.
57. ACCEPT BID: RONLO, INC. -- FOR R 95-206 150-151
PROJECT: HEAVY EQUIPMENT FACILITY 3/9/95
PARKING LOT - PHASE I (SECOND
BIDDING) B-4580 -- ALLOCATE FUNDS
FROM CIP PROJECT 311018
($69,086.10) AND PROJECT 311030
($122,819.72) ($163,196.50 TO
COVER CONTRACT COST AND
$28,709.32 TO COVER ESTIMATED
EXPENSES, FOR ESTIMATED TOTAL OF
$191,905.82) -- EXECUTE CONTRACT.
58. GRANT SPECIAL EXCEPTION TO ALLOW R 95-207 151-153
INSTALLATION OF DRIVE-IN 3/9/95
FACILITIES AT A FINANCIAL
INSTITUTION AT 102 N.W. 37
AVENUE, WITH CONDITIONS, AND
SUBJECT TO REVIEW AFTER ONE YEAR.
(Applicant: S.E.S. Investment,
Inc.)
f
59. GRANT SPECIAL EXCEPTION TO ALLOW R 95-208 154-155
A DRIVE -THROUGH FINANCIAL 3/9/95
INSTITUTION WITH A REDUCTION OF
RESERVOIR SPACES, AT 102 N.W. 37
AVENUE, SUBJECT TO REVIEW AFTER
ONE YEAR. (Applicant: S.E.S.
Investment, Inc.)
60. (Continued) RESCHEDULE MARCH 23RD R 95-209 155-156
COMMISSION MEETING TO TAKE PLACE 3/9/95
ON MARCH 27TH, COMMENCING AT 2:30
P.M. (See label 33)
61. VICE MAYOR PLUMMER INSTRUCTS DISCUSSION 156-157
MANAGER TO DEMAND GARCES COLLEGE 3/9/95
TO IMMEDIATELY PAY $160,000 LOAN
BACK TO THE CITY (REPAYMENT IS 16
MONTHS LATE).
62. VICE MAYOR PLUMMER REQUESTS DISCUSSION 157
ANGELA BELLAMY TO ASK FOR 3/9/95
REBUTTAL TIME ON TV CHANNEL 10,
TO CORRECT EDITORIAL THAT THE
CITY IS NOT WORKING TO HAVE A
CENTENNIAL CELEBRATION.
63. AUTHORIZE ADMINISTRATION TO SELL M 95-210 158-159
TO CARLOS GARCIA, RETIRING 3/9/95
DIRECTOR OF FINANCE DEPARTMENT,
THE DESK USED BY HIM DURING HIS
TENURE WITH THE CITY, FOR $50.00
64. VICE MAYOR PLUMMER REQUESTS DISCUSSION 159
MANAGER TO PROVIDE COMMISSIONER 3/9/95
DAWKINS WITH FULL DETAILS
CONCERNING UNION CONTRACTS TO BE
CONSIDERED AT THE NEXT COMMISSION
MEETING.
65. ALLOCATE $46,000 FROM CDBG FUNDS R 95-211
TOWARD REHABILITATION OF 33 3/9/95
BUSINESSES IN DOWNTOWN AND
ALLAPATTAH AREAS, UNDER THE
COMPREHENSIVE CITYWIDE COMMERCIAL
REHABILITATION ASSISTANCE FACADE
TREATMENT PROGRAM -- AUTHORIZE
MANAGER TO ENTER INTO AGREEMENT
WITH DOWNTOWN MIAMI PARTNERSHIP
AND ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, INC.
66. VICE MAYOR PLUMMER INQUIRES ABOUT DISCUSSION
SIGNAGE PROGRAM FOR DOWNTOWN 3/9/95
MIAMI.
160-161
162
0
67. INSTRUCT ADMINISTRATION TO DISCUSSION 163--165
PROCEED TO FULLY ACTIVATE THE 3/9/95
PRESENTLY EXISTING CITY OF MIAMI
CRA (COMMUNITY REDEVELOPMENT
AGENCY) FOR THE SOUTHEAST
OVERTOWN/PARK WEST AREA --
REQUEST CITY ATTORNEY TO RESEARCH
SAID ISSUE AND COME BACK BEFORE
THE CITY COMMISSION TO FULLY
EXPLAIN CRA'S AUTHORITY --
DESIGNATE COMMISSIONER MILLER
DAWKINS AS THE CITY COMMISSION'S
LIAISON TO MONITOR SAID ISSUE.
68. MOCK ARREST OF MAYOR STEPHEN P. DISCUSSION 166
CLARK, COMMISSIONER VICTOR DE 3/9/95
YURRE, AND FORMER COMMISSIONER
ROSARIO KENNEDY, IN CONNECTION
WITH THE MUSCULAR DYSTROPHY
BENEFIT.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of March, 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 9:05 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
ALSO PRESENT:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
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 Reverend Dr. Luis Palau, after which, Mayor Clark led
those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: BY MEMO FROM CITY MANAGER
E AR ODIO,ITEMS -5, CA-6, CA-12, CA-13, 19, 30, 51 AND
52 WERE WITHDRAWN.
------------------------------------------- --------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
----------------------------------------------------------------------------------------------------------------
1. Proclamation: Rev. Dr. Luis Palau -- for his commitment to family values, and
contributions to the spiritual and secular well-being of our community.
2. Commendation: Willard Delancy -- for his dedication to the well-being of children,
and for having, as City of Miami Police Department Identification Technician I,
brought honor and prestige to our City, in Nassau, Bahamas.
3.
Certificate of Appreciation: Bill Taber, Al Dotson, Keith Tribble, Sam Verdeja, Ira
Marc Katz, Clark Cook, Ross Roadman, Raul Concepcion, Bill Cullom, Wayne
Story, -and Chief Donald H.- Warshaw'-- for their participation and contribution to the
_success of the 1995 Boys'-GMAC High School Basketball Champi6hship.
1 _ March -9, 1.995
NOTE FOR THE RECORD: At this point, Mr. Donald Benjamin
requested that his item concerning the Camboulay Carribbean
Festival Event be scheduled for March 23, 1995.
---------------------- -----------------------------------------------------------------------------------------
2. ANNOUNCEMENT OF IMPENDING MARRIAGE OF MS. VENINA CARR,
ADMINISTRATIVE ASSISTANT, NUISANCE ABATEMENT BOARD.
Commissioner Dawkins: Mr. Mayor, I'd like to pass a resolution... OK. Ms. Carr, would you
come up, please?
Mayor Clark: All right. Folks, let's have your attention over there.
Commissioner Dawkins: We have Ms. Carr, who was working with us with the Nuisance
Abatement Board, and she has decided to go and abate some place else. So if the Mayor would
present that, we would appreciate it.
Mayor Clark: All right.
Commissioner Dawkins: She's going to get married.
Mayor Clark: God bless her. Where's Van?
Commissioner Gort: He ran out.
Mayor Clark: OK.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
3. COMMISSION EXPRESSES ITS INTENT TO SUPPORT AND ENCOURAGE
ALL EFFORTS RELATED TO ACQUISITION OF A CANADIAN
FOOTBALL LEAGUE EXPANSION FRANCHISE TO BE LOCATED IN THE
CITY OF MIAMI - INSTRUCT CITY MANAGER TO INFORM MESA
CHAIRMAN OF A SUGGESTIVE DATE TO HOST A JOINT RECEPTION
FOR CANADIAN FOOTBALL LEAGUE OFFICIAL.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, I'd like to pass this to my Commissioners, and see if we
can get some closure on this. Mr. Gort. Mr. Manager. It says:
"A resolution of the Miami City Commission expressing its interest to support
and encourage all efforts related to the acquisition of a Canadian football league
expansion franchise to be located in the City of Miami."
The Mayor has already gone on record stating that we will do all in our power to do this, but I
thought that it would be good if we passed a resolution to do so, and I so move.
2 March 9, 1995
Mayor Clark: Sure, it is.
Commissioner Gort: Second.
Vice Mayor Plummer: And also, for the record, the Manager has asked through me, as the
Chairman of the MSEA (Miami Sports and Exhibition Authority), to get the funds to join with
the City in hosting a reception for him. And Mr. Manager, as soon as you get some kind of a
date, if you'll let me know, then I will go back to the board and get what we need.
Commissioner Dawkins: Get a date for him, and a budget, Mr. Manager. A date is no good
without a budget.
Mayor Clark: All right. Call the roll, Madam Clerk.
Vice Mayor Plummer: Yes, a budget. I want a Miller Dawkins' budget.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-155
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS INTENT
TO SUPPORT AND ENCOURAGE ALL EFFORTS RELATED TO THE
ACQUISITION OF A CANADIAN FOOTBALL LEAGUE ("CFL") EXPANSION
FRANCHISE TO BE LOCATED IN 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 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.
----------------------------------------------------------------------------------------------------------------
4. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS
OF GEORGE ADAMS, WHO HAD SERVED THE CITY OF MIAMI WITH
DISTINCTION AS A MEMBER OF THE POLICE DEPARTMENT FOR 27
YEARS, AND AS A MEMBER OF THE CIVIL SERVICE BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: I also have a resolution that I would like to read.
"A resolution expressing deepest sympathy and sincere condolence of the City of
Miami Commission, on behalf of the City of Miami and its citizens to the family
and friends of George Adams, upon his untimely death."
3 March 9, 1995
And that's a resolution. I so move.
Commissioner Gort: Second.
Vice Mayor Plummer: Second.
Mayor Clark: No exception...
Vice Mayor Plummer: Mr. Dawkins, please express my condolences to the family. I will be out
of town on a commitment, and not be able to be in attendance at the funeral, but my thoughts and ,
prayers will be with them during that period of time.
Commissioner Dawkins: Thank you.
Mayor Clark: With no exception, Madam Clerk, cast a unanimous ballot on that.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-156
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF GEORGE
ADAMS, UPON HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
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5. RECOGNIZE REPRESENTATIVE OF RICOH CORPORATION, HIRO
INOUYE FOR CONTRIBUTION IN CONNECTION WITH MAINTAINING
AND UPKEEPING THE JAPANESE GARDEN ON WATSON ISLAND.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: At this time, I'd like to recognize an individual that represents the Ricoh
Corporation, Hiro Inouye, who's given the money to maintain and keep up, to upkeep the
Japanese Garden at Watson Island.
Mayor Clark: Is he present?
Vice Mayor Plummer: Who?
Commissioner Gort: I understand he was present here a little while ago.
Mayor Clark: Right here. He's right here.
Vice Mayor Plummer: Oh, here, here.
Commissioner Gort: On behalf of the City we'd like to thank you for the contribution for
maintaining the Japanese Garden. It's a beautiful place.
Mr. Hiro Inouye: Thank you.
Commissioner Gort: Thank you, sir.
Mayor Clark: Appreciate that, sir. Thank you, Mr. Gort.
END OF DISCUSSION -- NO ACTION TAKEN
5 March 9, 1995
----------------------------------------------------------------------------------------------------------------
6. EXPRESS TO THE FLORIDA DELEGATION IN WASHINGTON, D.C.,
COMMISSION'S STRONG OPPOSITION TO THE REDUCTION OF
FEDERAL FUNDING TO THE SUMMER YOUTH EMPLOYMENT
PROGRAM.
Vice Mayor Plummer: Mr. Mayor, if I may.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: This was proposed and passed yesterday by the Metro Commission, and I
think it probably affects the City of Miami more than it does them, and I would like to move a
motion at this time, as a resolution expressing total opposition to the proposed reduction in
funding for the Summer Youth Employment and Training Programs that are being possibly cut
by Washington, and I would urge that this resolution of this City Commission be sent to Connie
Mack and Bob Graham in Washington, very, very strongly with our opposition to any cuts in
those programs. I so move.
Commissioner Dawkins: Second.
Mayor Clark: No exception. Cast a unanimous ballot, Madam Clerk.
Vice Mayor Plummer: Thank you, Mr. Mayor.
Mayor Clark: Make sure they send a copy up there, J.L.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-157
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
6 March 9, 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.
----------------------------------------------------------------------------------------------------------------
7. (A) DISCUSS AND TABLE (UNTIL 10 A.M.) CONSIDERATION OF
PROPOSED RESOLUTION TO AUTHORIZE SUBMITTAL OF CITY
OF MIAMI'S FY 1995-1996 PROPOSED CONSOLIDATED PLAN,
INCLUDING FY 1995 PLAN WITH PROJECTED USES OF FUNDS
FOR THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT,
HOME INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER
GRANT AND HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS PROGRAMS TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT. (See label 21)
(B) DISCUSS AND TABLE (UNTIL 10 A.M.) CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE TO ESTABLISH FOUR
NEW SPECIAL REVENUE FUNDS: (1) COMMUNITY
DEVELOPMENT BLOCK GRANT (21ST YEAR) - APPROPRIATE
$13,709,000; (2) HOME INVESTMENT PARTNERSHIP -
APPROPRIATE $4,038,000; (3) EMERGENCY SHELTER GRANT -
APPROPRIATE $494,000; AND (4) HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS -- APPROPRIATE $7,906,000. (See label 22)
(C) APPOINT COMMISSIONER DAWKINS AND FRANK CASTANEDA,
DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT, TO
MEET WITH U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) OFFICIALS TO HAVE THEM EXPLAIN
HUD'S PROCEDURE FOR SUBMITTAL OF A SINGLE GRANT
APPLICATION FOR THE ABOVE CITED FOUR FORMULA
PROGRAMS IS A REQUIREMENT FOR FUNDING OF THE CITY'S
PROPOSED FY 1995-1996 CONSOLIDATED PLAN.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Now, ladies and gentlemen, today, we have the CBGD or CGBD
(CDBG--Community Development Block Grant) position before the Commission. Mr.
Manager, I want you to express to these wonderful people what is going to take place.
Mr. Cesar Odio (City Manager): Yes, sir. On CDBG funding, I would recommend that we do
not do any allocations today to any of the agencies; that we wait to see that the cuts in
Washington are finalized. I received a call yesterday from a member of the HUD (Housing and
Urban Development) staff to warn me of the fact that there would be more cuts, and that they
have... they are already on the way. They have now cut it about $290,000,000,000 (two hundred
and ninety billion dollars). They are going to cut more. And I think it would be irresponsible to
7 March 9, 1995
allocate any monies today, not knowing what we really are going to have for next year. And you
should pass it on first reading, and then allocate on the second reading when we have better, you
know, more control of the numbers.
Mayor Clark: Just a minute, Willy. Ladies and gentlemen, you must know that we are allotted
this year, up to this time, before Congress had started to act on the "Contract with America" or
somebody else - I don't know who the contract is with. It doesn't sound like it's us -
$12,300,000 (twelve million three hundred thousand dollars) in total CDBG account. We have
requests in this year for $43,000,000 (forty-three million dollars). We don't know what the
overnment's going to do. They may cut that $12,000,000 (twelve million dollars) back to
6,000,000 (six million dollars). We have no idea what's going to take place. So that's the
reason. We can't say, yes, you get $500, and have to take $250 of it back. That's not playing
fair with the people. Mr. Gort.
Commissioner Gort: I just want to state, as I recall, last year, we did the same thing. We moved
on the accepting of the grant, and then in the second reading is when we made the allocations.
Vice Mayor Plummer: Well...
Mayor Clark: So when it comes to that, you'll understand. I hope you'll understand. Mr.
Dawkins.
Commissioner Dawkins: I yield to J.L., and then I'll...
Vice Mayor Plummer: My only comments, Mr. Mayor, is that, you know, a lot of organizations
will tell you, to move on first reading is fine, and I understand the reasoning. My concern
happens to be that there are many of these organizations, if they took more than a ten percent cut,
which could happen, that they will not be able to exist. And then, we've already gone ahead and
said, OK, this is on first reading, and we've got to go back and have another first reading. I
think... Well, you would if you... If they can't exist, and you have to reallocate the funds to
another organization, then you've got to have another first reading.
Mr. Odio: Well, but you're not allocating any funds today to any organization. That's what I'm
recommending.
Vice Mayor Plummer: Excuse me. I understand that. In first reading, what are you doing if
you're not allocating?
Mayor Clark: By law, you have to have two hearings. The first hearing is to get it legitimately
on the books.
Vice Mayor Plummer: Mr. Mayor, I understand that. If, in fact... What is our motion today, if
it's not allocating funds? Is it just to accept the funds?
Mr. Odio: No. Establishing the...
Vice Mayor Plummer: Establishing the fund without allocation.
A. Quinn Jones, III, Esq. (City Attorney): That's correct.
Mayor Clark: Mr. Dawkins.
Vice Mayor Plummer: Mr. Mayor, let me just make one other point, please. Mr. Manager, I
think it behooves you, sir, immediately, to put every organization on notice that this is a potential
8 March 9, 1995
and a reality, so that they can be totally aware that they're not going to come in here at the last
minute and scream at us because we didn't have the funds and we didn't notify them.
Mr. Odio: No. I think they should be told now, whatever they...
Vice Mayor Plummer: But... No, no, sir. I...
Mr. Odio: What they're getting is going to be less.
Vice Mayor Plummer: Mr. Manager, I would appreciate, on behalf of this Commission, that you
notify them in writing, putting them on notice that this is a potential...
Mr. Odio: Will do.
Vice Mayor Plummer: ... and that they should, if they wish, raise "holy hell" with Washington.
,And, you know, the big wheel... the thing that squeaks gets the grease, but at least put them on
notice.
Commissioner Dawkins: Mr. Mayor. Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: The Manager was in my office when he received that call, and I was
privileged to hear what was said. But that was after I had made up in my mind that I don't
understand... Is this what we're discussing?
Mayor Clark: Yes, sir.
Commissioner Dawkins: You know, you can pass it on first reading, second reading, or last
reading...
Vice Mayor Plummer: That's my point.
Commissioner Dawkins: ... but my problem is, there is little or no money in here for Overtown,
and that's a target area.
Mayor Clark: Yes, it is.
Commissioner Dawkins: There is little or no money in here for Liberty City. That's a target
area.
Vice Mayor Plummer: None for downtown.
Commissioner Dawkins: And you can just go down through this whole allocation list here, and
it's just utterly ridiculous for... to see the areas in that... I mean, the organizations in that area
with zero.
Vice Mayor Plummer: Well, this delay, Mr. Dawkins, might give the staff the opportunity to
come around and talk with us, who vote on it, and we'll give them our ideas in a very strong
fashion.
Mayor Clark: That's the best we can do.
Commissioner Dawkins: See?
9 March 9, 1995
Vice Mayor Plummer: Mr. Mayor, if I may?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Mr. Manager, I am told that there was a great dissension with the CD
(Community Development) Advisory Board; that, in effect, they did not make recommendations,
because half of them got up and walked out of a meeting. Is that a true statement?
Commissioner Gort: Right.
Vice Mayor Plummer: Then I think we need to consider right now replacing that Board. Now,
I'm just saying that was their purpose, not only to be heard and hearing these things, but to make
recommendations. And if they didn't make recommendations, and they got in a... whatever
reason, got up and walked out of a meeting, then I think we need to, in this interim time, to name
new people to that Board, so that they will make recommendations, which I think is required.
Am I right, Mr. Manager?
Mr. Frank Castaneda: No.
Vice Mayor Plummer: That the Board must make recommend...
Mr. Castaneda: No. There has to be a citizen participation process, and we've had a significant
amount of citizen participation process. We go beyond the Federal regulations in our process,
Commissioner.
Vice Mayor Plummer: Well, here again, I will only speak for J.L.
Mr. Castaneda: Yeah.
Vice Mayor Plummer: I think it's important that we have a Board that is receptive to the people.
This Board, obviously, is not, and I don't even know who is on that Board, and I don't want to
know. What I'm saying is, I think that Board needs to be replaced. How many people are on
that board?
Mr. Castaneda: Eighteen.
Vice Mayor Plummer: Eighteen. We name all 18?
Mr. Castaneda: Two were made by each Commissioner, and eight were elected.
Vice Mayor Plummer: Well, then, I think each Commissioner... I don't know how my
colleagues feel. Huh?
Mayor Clark: Well, who attended and who did not?
Vice Mayor Plummer: Not, it's not that sir, it's not "attended." It's who walked out of the
meeting and made it to the point where there were no recommendations.
Mr. Castaneda: Well, Commissioner, let me explain. The social service issue became a very
divisionary type of issue...
Vice Mayor Plummer: Excuse me. Frank, I don't want to go into that. OK? I'm just saying, for
me, I'd like to know who my two appointees... and if my two appointees walked out of the
meeting, then I'd like to replace them. Now, I can't speak for...
10 March 9, 1995
Commissioner Dawkins: I'll only replace them if they tell me why. If they had a legitimate
reason for walking out, I will not replace them.
Vice Mayor Plummer: Well, OK. Hey, maybe there is, maybe there isn't.
Commissioner Dawkins: And that's me. I mean, I don't know why they walked out. But Mr.
Manager, why are we consolidating our request for four different pots of money? Why are we
consolidating? Mr. Manager. Mr. Manager. Not Mr. Castaneda, but Mr. Manager.
Mr. Odio: Well, I don't understand the question, Commissioner.
Commissioner Dawkins: OK, Mr. Manager. I'll read to you.
"It is recommended that the City Commission approve the attached resolution and
ordinance for the City of Miami Consolidated Plan, which includes a Fiscal Year
1995 action plan, with funding recommendations for the Community
Development Block Grant, $13,000,000 (thirteen million dollars); home
investment partnership for $4,000,000 (forty million dollars); emergency shelter
grant for half a million dollars; and Housing Opportunities for Persons with AIDS
for $7,000,000 (seven million dollars)."
That's four different programs that are... attached, four different problems in our area. But all of
a sudden, we have decided that we are going to combine our application for these four, which
means there is no way to separate the money, once the money gets in the pot. The pot goes
where whomever is in charge of the pot decides it. But if the money is earmarked for - and I'm
just going to use it - Housing for the AIDS, it remains in that pot, Housing for the AIDS. But if
we consolidate them and put it someplace, we have no control over it.
Mr. Odio: Yes, sir.
Commissioner Dawkins: The other thing I need to know from you is, you want to accept and
execute program income of $2,700,000 received from Housing, Economic Development, and
Building Demolition. That $2,000,000 (two million dollars) should be set aside and reserved for
housing. It should not go back into this consolidated plan.
Mr. Odio: And it will. Let me explain. The submission of a consolidated plan, Commissioner,
is a prerequisite for...
Commissioner Dawkins: No, it's not a prerequisite.
Mr. Odio: ... for receipt of funds from... for the four HUD...
Commissioner Dawkins: No, you do not have to con... No, Mr. Manager, you do not have to
consolidate them.
Mr. Odio: Yes, sir.
Commissioner Dawkins: You can send each... individual plans, Mr. Manager.
Mr. Odio: You consolidate, and then you prepare individual plans, Commissioner.
Commissioner Dawkins: Beg your pardon?
Mr. Odio: For HUD... HUD requests that we have a consolidated plan, we apply for the monies,
and then you can... you will allocate the monies to the different plans afterwards.
11 March 9, 1995
Commissioner Dawkins: Hold it, Well, then, if HUD wants you to apply with a consolidated
plan, why would they identify what they want you to apply it to before you apply?
Mr. Odio: It's just a... It's a bureaucracy position in Washington. They complicate everything.
Commissioner Dawkins: OK. I'll tell you what...
Mr. Odio: They don't make things simple.
Commissioner Dawkins: Mr. Manager, Mr. Mayor, and fellow Commissioners, I move that
Miller Dawkins be allowed to go with Frank Castaneda to Washington, D.C., to HUD, and let
HUD explain to Miller Dawkins that it is the procedure, and that they have agreed to this
consolidation, and then I will come back and explain it to the Commissioners, that this is correct.
Mayor Clark: Fair enough. Now, ladies and gentlemen, this is... That's OK, Miller. You can
go ahead and do that. Let me explain it this way, now. This is so important, to be sandwiched in
with a regular Commission meeting, that when we have the second hearing on this, which is the
final hearing where there will be disbursement of funds, we will have a special Commission
meeting that day for that purpose, and nothing else. So don't think you'll be slighted. Every one
will have a chance, and we will be here all day, if necessary, to make sure that everybody has a
chance to have their say before this Commission, and understand exactly what we're doing up
here.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-158
A MOTION APPOINTING MIAMI COMMISSIONER MILLER J. DAWKINS AS
THE CITY'S REPRESENTATIVE, ALONG WITH THE CITY OF MIAMI
DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT FRANK
CASTANEDA, FOR THE PURPOSE OF MEETING WITH THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (H.U.D.) OFFICIALS AND HAVING
THEM EXPLAIN WHETHER THE CRITERIA USED FOR SUBMITTAL OF THE
CITY'S PROPOSED FY 1995-1996 CONSOLIDATED PLAN, WHICH
AUTHORIZES THE CITY MANAGER TO SUBMIT A SINGLE GRANT
APPLICATION FOR ITS FORMULA PROGRAMS (NAMELY COMMUNITY
DEVELOPMENT BLOCK GRANT HOME INVESTMENT PARTNERSHIPS
[HOME], EMERGENCY SHELTER GRANT [ESG], AND HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS [HOPWA] IS REQUIRED;
FURTHER REQUESTING COMMISSIONER DAWKINS TO REPORT BACK TO
THE COMMISSION ON SAID ISSUE.
12 March 9, 1995
N
Upon being seconded by Commissioner Gort, 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.
Vice Mayor Plummer: Mr. Mayor, do we have any idea as to approximately when we'll have an
answer of some kind?
Mr. Odio: As soon as Mr. Gingrich finishes the "Contract against America"... I mean the
contract...
Vice Mayor Plummer: But, I mean, are we looking...
Commissioner Dawkins: Very well put.
Vice Mayor Plummer: There goes the Republican Party down the drain.
Mr. Odio: I hope I did.
Vice Mayor Plummer: Listen. Mr. Manager, the point is, these fundings that are presently there
are finished when?
Mr. Odio: June.
Mr. Castaneda: The fiscal year for most of the agencies starts July 1st.
Mr. Odio: July 1st. The last month...
Vice Mayor Plummer: July the 1st. All right.
Mr. Odio: Wait. The last month is June...
Vice Mayor Plummer: So we've got, then, plenty of time between now and then, but they still
need planning time.
Mayor Clark: We will be in the latter part of June. I'm sure they should have some idea by that
time.
Vice Mayor Plummer: OK.
Mr. Castaneda: No, but Commissioners, the problem is that under the new regulations that
they've passed of the consolidated plan, they want time to review the plan, so we need to make a
decision by next month.
13 March 9, 1995
Mr. Odio: Yeah, yeah, yeah, but we're not...
Commissioner Dawkins: OK. This consolidated plan...
Mayor Clark: Wait a minute. Just a moment.
Commissioner Dawkins: ... is for how many years, Frank?
Mr. Castaneda: One year.
Mr. Odio: It's one year at a time.
Mayor Clark: He's going to find out about the consolidated plan and come back. We'll have it...
Call it any time, but they're going to be set aside, one day, that day for those people to... that
want to appear before this Commission, have their say and their day in court.
Commissioner Dawkins: We'll take this with us to Washington.
Mayor Clark: All right.
Mr. Odio: Yeah. From the number they gave me yesterday, it could be as much of a cut as eight
percent or worse. So you should start planning your budget for at least eight percent less, and
when the contract is finished with you and me, it will be probably 15 percent. So you have to
start planning that.
Vice Mayor Plummer: Fifteen, whew!
Mr. Odio: It would help to get letters sent to Washington, to your Congress people and...
Commissioner Dawkins: Mr. Manager, it will help to face reality, and know that the American
public - and this is Miller Dawkins' opinion - voted for a bunch of idiots who are up there and
gone crazy, and that's it. You can write all you want, you can send all the faxes that you want.
They feel that they are in tune with America, and we are... and me, I'm out of tune with
America. So, now, what you have to do is, try to find out when their election is up and get
somebody else elected.
Mr. Odio: Yeah, because we're going to have problems this summer. They are going to
eliminate all the youth programs.
Vice Mayor Plummer: I just passed...
Mr. Odio: And they're gone.
Commissioner Dawkins: Well, go ahead. Well, no, see, but what he's doing, J.L., you passed a
resolution, but he, as the Manager, is elaborating on...
Mayor Clark: ... what's happening.
Commissioner Dawkins: ... what effect it will have on...
Mr. Odio: I think we're going to have a lot of policework this summer, if we...
Vice Mayor Plummer: Eight thousand youths in this community will be affected by that
program.
14 March 9, 1995
Commissioner Dawkins: You will not... Wait a minute, hold it, hold it. I resent that. You
aren't going to have a hell of a lot of policework, because then, you're saying that the children
are going out and raise hell.
Mr. Odio: There will be more...
Commissioner Dawkins: No, no, no, now. Let's do not put that out in the community. OK?
Vice Mayor Plummer: Bad statement.
Mayor Clark: All right.
Commissioner Dawkins: Just say that we will have... The City of Miami will have an extra job
of creating structured recreational activities to keep kids busy.
Mayor Clark: Now, you all may stay around until this is up for the first reading. I see no reason
that we can't take it up at the present time and let you go on your way today, and take care of
your business. What item is it?
Mr. Odio: What is the item?
Mr. Castaneda: Thirteen.
Vice Mayor Plummer: Thirteen is just creating the fund, right?
Commissioner Gort: Thirteen is creating the funds.
Mr. Odio: Fourteen.
Mayor Clark: All right. Would you read that.
Mr. Odio: Item 14.
Vice Mayor Plummer: Item 14. 1 had one other problem there, Mr. Manager.
Mayor Clark: What is it?
Vice Mayor Plummer: The $7,900,000 (seven million nine hundred thousand dollars) for
Housing Opportunities for Persons with AIDS.
Mr. Odio: Yeah.
Vice Mayor Plummer: Is that money that will be coming through the grant funds?
Commissioner Gort: We got that last year.
Mr. Odio: Through the City. Through the City, yes.
Vice Mayor Plummer: OK. And are we going to administer that...
Mr. Castaneda: Yes.
Vice Mayor Plummer: ... or is the County?
15 March 9, 1995
Mr. Castaneda: Yes, we are.
Mr. Odio: We do.
Vice Mayor Plummer: We're going to administer it. OK. That's all. That was my question.
Mr. Odio: By the way, I don't know yet whether the housing monies are also a target.
Mr. Castaneda: Included.
Vice Mayor Plummer: Incorporated in here.
Mr. Odio: But they are also a target for cuts, so we don't know yet how much.
Commissioner Dawkins: But housing money, I want to make it clear up here, must go back to
housing.
Mr. Odio: That's correct.
Mayor Clark: That's right.
Commissioner Dawkins: OK? That's why I have a problem with this consolidation, unless you
spell out in your consolidation that every dollar that's earmarked for housing will go to housing.
Mr. Odio: I agree, Commissioner.
Commissioner Dawkins: Every dollar that's earmarked for Economic Development will go to
Economic Development.
Mr. Odio: I agree.
Commissioner Dawkins: And then the consolidation is OK with me.
Mayor Clark: Well, you're going to Washington to make sure.
Commissioner Dawkins: We're going to Washington to make sure that's how we can do it.
OK?
Vice Mayor Plummer: Are we, Mr. Mayor... Are we looking, Mr. Manager, at an across the
board cut, regardless of the percentage?
Mr. Odio: In the Community Development Block Grant, yes.
Mayor Clark: J.L., we never know.
Vice Mayor Plummer: No, no. I'm talking about in the housing. Is that...
Mr. Odio: I don't know how...
Vice Mayor Plummer: When you say a ten, let's say a ten percent cut, is that across the board of
all four issues?
Mr. Odio: No. I don't know how housing is going to be cut.
16 March 9, 1995
U
Vice Mayor Plummer: OK.
Commissioner Dawkins: We will know. We will know.
Mayor Clark: Please, now, please. One at a time, please.
Vice Mayor Plummer: OK. Thank you.
Mayor Clark: All right. Now...
Vice Mayor Plummer: I'll move item 14 with the understanding, please, that no one at this
particular time has a vested interest or right until the final hearing.
Mr. Jones: Mr. Mayor, items 13 and 14 are advertised for... not to be heard until ten o'clock.
Mr. Odio: Technically, ten o'clock.
Vice Mayor Plummer: OK. I'll wait.
Mr. Odio: Ten o'clock.
Commissioner Dawkins: OK. Well, so...
Mayor Clark: Why did you set them for ten o'clock? Why didn't you set it for...
Mr. Jones: I didn't set it.
Mr. Odio: No, I... We did. All public hearings start at ten, and we have a lot of items before
this, so.
Mayor Clark: Oh, I didn't realize that.
NOTE FOR THE RECORD: Agenda items 13 and 14 were tabled
unti 10:00 a.m.
Commissioner Dawkins: All right. Well, we... All right. Well, hold that till ten o'clock. You
got some people sitting out here. I don't know what they're out there for, Mr. Mayor. We need
to see if we can get...
Mayor Clark: Well, we'll go through the consent... Please, please.
Commissioner Dawkins: OK. That's right. I'm sorry.
17 March 9, 1995
----------------------------------------------------------------------------------------------------------------
S. CONSENT AGENDA.
Mayor Clark: The consent agenda. Are there any corrections, deletions of the consent agenda?
Mr. Cesar Odio (City Manager): Following the distribution, CA-5, CA-13 have been withdrawn.
Commissioner Dawkins: And I had to put CA-7 back, because the... Mr. Williams said he
needed 7, so I no longer pull 7. Let it go, Mr. Mayor.
Mayor Clark: All right. It shows it withdrawn. CA-7 shows to be withdrawn.
Mr. Odio: No, sir, no.
Commissioner Dawkins: But I sent a memo and asked to put it back, Mr. Mayor, because Mr.
Williams said they needed that and couldn't do without it.
Mayor Clark: OK.
Commissioner Dawkins: So I asked that it be put back.
Mayor Clark: Any other corrections?
Commissioner Dawkins: Thank you, sir.
Mayor Clark: Yes, sir. Mr. Plummer.
Vice Mayor Plummer: No, sir. I have... The only question I had was about the... We had a
letter from the People of Coconut Grove, about a liquor license, but this is for the auditorium.
That doesn't refer to the other one. OK, fine. Then I really have nothing, Mr. Mayor, to ...
Mayor Clark: Mr. Gort. No,1 don't have anything.
Mayor Clark: All right. Mr. De Yurre.
Commissioner De Yurre: Nothing.
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: I pulled 5 and 2.
Mayor Clark: All right. Manuel.
Mr. Manuel Gonzalez-Goenaga: Yes. I have a... just a slight comment on CA-2, S, and 15.
Mayor Clark: All right. Go ahead.
Mr. Gonzalez-Goenaga: CA-2 is regarding the purchasing of bicycles.
Mayor Clark: Yes, sir, for the Police Department.
18 March 9, 1995
0
Mr. Gonzalez-Goenaga: I am in full accord with that because they, the police, from the records
that I have, they don't perform too well driving cars, and we are, in this community, safer if the
police ride on bicycles, and better off if they are on the street.
Mayor Clark: OK.
Mr. Gonzalez-Goenaga: And then, in number 8, riot shields are... What happened to the
previous ones? I think... Where do they go? I would love to have a lot of them when they
discard them, and you buy the new ones, because the way this is going, the citizens are the ones
who are going to need the riot shields, not the police. And then, on number 15, with due respect
to the Law Department, with all this money that you are getting in computers, it's about time we
started winning lawsuits, and not using outside counsel. Thank you very much.
Mayor Clark: Thank you. All right. Any other discussion on...
Commissioner Gort: Mr. Mayor...
Vice Mayor Plummer: Mr. Mayor... Go ahead, Willy.
Commissioner Gort: I have a question. Withdrawn, my understanding, was 5, 13?
Mr. Odio: CA-5 and CA-13.
Commissioner Gort: All right.
Vice Mayor Plummer: Mr. Manager...
Commissioner Dawkins: I pulled 5 and 13.
Mayor Clark: No, they been pulled, yeah.
Vice Mayor Plummer: Mr. Manager, Mr. Manager, are you telling me that on riot shields, there
is only one company that sells them? I mean, it says sole source.
Mr. Odio: I guess they are the only ones that's selling it. I went...
Commissioner Dawkins: Didn't I pull 5 and 13?
Mr. Odio: No. Where does it say that?
Vice Mayor Plummer: Does it say sole source?
Mr. Odio: No.
Vice Mayor Plummer: Oh, OK. All right. I stand corrected. Thank you.
Mayor Clark: Any further discussion on these items?
Mr. Albio Castillo: May I have three minutes of your time, sir?
Mayor Clark: No, sir, not now. Not now.
Commissioner Dawkins: So move.
19 March 9, 1995
Mayor Clark. Are you speaking on these items? Are you speaking on the consent agenda?
Commissioner Dawkins: Are you speaking on the consent agenda?
Mr. Castillo: Well, I don't know if it is, but I'll say it. It'll only take me three minutes, sir. I
have...
Mayor Clark: What is your name?
Mr. Castillo: My name is Albio L. Castillo. I live at 2386 Southwest 5th Street. I have a '
concern that has been bothering me. Why does it take from June until October, when the Solid
Waste has a hole big enough, and it took Public Works to fill it up to a subcontractor?
Mayor Clark: A hole dug like...
Mr. Odio: Ask the question again, please.
Mr. Castillo: Why does it take from June until October for Solid Waste... I have a hole when
the crane comes in, and I have gone for two Commissioners. Solid Waste...
Mr. Odio: Did you call somebody?
Mr. Castillo: Yes, sir. It took me until June, from June to October. It's already been filled, by
the way.
Mr. Odio: Oh, OK. I'm sorry.
Mr. Castillo. But why does it take so long?
Mr. Odio: It should not. It should not. It should not. What I suggest the next time, go to your
NET (Neighborhood Enhancement Team) office.
Mr. Castillo: I went three times to the NET office. Nothing got done.
Mr. Odio: Then we have a problem in the NET office over there. OK.
Mayor Clark: All right. Thank you for the information.
Mr. Castillo: Then I have another one, and I'll be done, sir. The problem in 8th Street, when it's
a festival on March the 12th, the festival organizers had music from twelve o'clock at night until
two -thirty in the morning (2:30 a.m.), which is a violation of noise ordinance. Also, closing of
Beacon Boulevard is a hazard when you have a police station, a fire station, and Eastern
Ambulance, which create a hazard in the outside neighbors.
Commissioner Gort: OK.
Mr. Odio: Could you tell us over here, so I can...
Mr. Castillo: And also, there's beer bottles left. You do an excellent job on cleaning in 8th
Street, but the surrounding neighbors, there's beer bottles. And a young man throw a beer bottle
on my street.
Mr. Odio: OK.
20 March 9, 1995
Mr. Castillo: Which is a violation of an open container law.
Mayor Clark: All right.
Mr. Castillo: Thank you.
Mayor Clark. Thank you. All right. Any other discussion on the consent agenda?
Commissioner Dawkins: Move it.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Second.
Mayor Clark: On the consent agenda, with the exception of those items, cast a... Call the roll.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WASTERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER DAWKINS AND SECONDED BY
VICE MAYOR PLUMMER, 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.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
21 March 9, 1995
0
8.1 AWARD CONTRACT: RESPECT OF FLORIDA (UNDER FLORIDA
ADMINISTRATIVE CODE, SECTION 60E-1.005 [FORMERLY 13G-1.005]) -- FOR
CUSTODIAL MAINTENANCE SERVICES AT MANUEL ARTIME COMMUNITY
CENTER -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION &
SOLID WASTE -- ALLOCATE $34,800 -- EXTEND CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
RESOLUTION NO, 95-159
A RESOLUTION AUTHORIZING THE AWARD OF CONTRACT TO
RESPECT OF FLORIDA, UNDER THE FLORIDA ADMINISTRATIVE
CODE, SECTION 60E-1.005 (FORMERLY 13G-1.005), FOR THE
PROVISION OF CUSTODIAL MAINTENANCE SERVICES TO THE
MANUEL ARTIME COMMUNITY CENTER ON A CONTRACT
BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
AN ADDITIONAL YEAR AT A TOTAL ANNUAL AMOUNT OF
$34,800.00 FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE; ALLOCATING FUNDS
THEREFOR FROM THE PROPERTY MAINTENANCE DIVISION
ACCOUNT NO. 421001-340; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE AND THEREAFTER TO
EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR
PERIOD, AT THE SAME PRICE, TERMS, AND CONDITIONS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here fellows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8.2 ACCEPT BIDS: (1) MIAMI SPRINGS CYCLERY -- FOR FURNISHING BICYCLE
ACCESSORIES ($8,940.48), AND (2) BIKE TECH -- FOR FURNISHING 10 POLICE
BICYCLES ($14,190.48) -- FOR POLICE DEPARTMENT.
RESOLUTION NO.95-160
A RESOLUTION ACCEPTING THE BIDS OF MIAMI SPRINGS
CYCLERY FOR THE FURNISHING OF BICYCLE ACCESSORIES, IN
A PROPOSED AMOUNT OF $8,940.48, AND BIKE TECH FOR THE
FURNISHING OF TEN (10) POLICE BICYCLES, IN A PROPOSED
AMOUNT OF $5,250.00, FOR A TOTAL PROPOSED AMOUNT OF
$14,190.48, FOR THE DEPARTMENT OF POLICE; ALLOCATING
FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S
GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 290201-
722; 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.)
22 March 9, 1995
8.3 ACCEPT BID: D. M. & E. OF LAS VEGAS, INC. -- FOR FURNISHING AN OIL
FILTER CRUSHER -- FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION & SOLID WASTE, FLEET MANAGEMENT DIVISION --
ALLOCATE $4,975.
RESOLUTION NO. 95-161
A RESOLUTION ACCEPTING THE BID OF D. M. & E. OF LAS
VEGAS, INC. FOR THE FURNISHING OF AN OIL FILTER
CRUSHER FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE, FLEET MANAGEMENT
DIVISION, AT A TOTAL PROPOSED COST OF $4,975.00;
ALLOCATING FUNDS THEREFOR FROM FY'94-95, ACCOUNT
CODE NO. 421601-720-502003; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS UNIT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8.4 ACCEPT BID: LEADEX CORPORATION -- FOR FURNISHING / INSTALLATION
OF PLAYGROUND EQUIPMENT AT EATON PARK -- FOR DEPARTMENT OF
PARKS & RECREATION -- ALLOCATE $33,300 (CIP PROJECT 331361).
RESOLUTION NO. 95-162
A RESOLUTION ACCEPTING THE BID OF LEADER
CORPORATION FOR THE FURNISHING AND INSTALLATION OF
PLAYGROUND EQUIPMENT AT EATON PARK FOR THE
DEPARTMENT OF PARKS AND RECREATION AT A TOTAL
PROPOSED COST OF $33,300.00; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 331361, INDEX ACCOUNT CODE NO. 589301-860;
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.)
23 March 9, 1995
8.5 ACCEPT BID: TRADEWINDS POWER CORPORATION -- FOR FURNISHING .16
ENGINES -- FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION &
SOLID WASTE -- ALLOCATE $74,832 (CIP PROJECT 353010).
RESOLUTION NO. 95-163
A RESOLUTION ACCEPTING THE BID OF TRADEWINDS POWER
CORPORATION FOR THE FURNISHING OF SIXTEEN (16)
ENGINES AT A TOTAL PROPOSED AMOUNT OF $74,832.00 FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
AND SOLID WASTE, ALLOCATING FUNDS THEREFOR FROM
THE C.I.P., ACCOUNT CODE NO. 429402-850, PROJECT NO.
353010; 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.)
8.6 ACCEPT BID: CENTRAL PUBLIC SAFETY EQUIPMENT -- FOR FURNISHING
150 RIOT SHIELDS -- FOR POLICE DEPARTMENT -- ALLOCATE $6,808.50.
RESOLUTION NO. 95-164
A RESOLUTION ACCEPTING THE BID OF CENTRAL PUBLIC
SAFETY EQUIPMENT FOR THE FURNISHING OF 150 RIOT
SHIELDS FOR THE DEPARTMENT OF POLICE, AT A TOTAL
PROPOSED COST OF $6,808.50; ALLOCATING FUNDS THEREFOR
FROM THE POLICE DEPARTMENT'S GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 290201-719; 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.)
8.7 AUTHORIZE PURCHASE OF GAS REFRIGERANT (UTILIZING DADE COUNTY
CONTRACT 1046-7/93-1.) -- FROM REFRON, INC. -- FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION & SOLID WASTE -- ALLOCATE
$7,654.26.
RESOLUTION NO. 95-165
A RESOLUTION AUTHORIZING THE PURCHASE OF GAS
REFRIGERANT, UTILIZING DADE COUNTY CONTRACT NO. 1046-
7/93-1, FROM REFRON, INC. AT A PROPOSED COST OF $7,654.26
FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE; ALLOCATING FUNDS
THEREFOR FROM THE MOTOR POOL DIVISION, ACCOUNT
CODE NO. 421701-720-503000; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
24 March 9, 1995
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8.8 AUTHORIZE FUNDING FOR THE CHARLES BELL YOUTH DEVELOPMENT
FUND, SPONSORED BY THE URBAN LEAGUE OF MIAMI, INC. -- ALLOCATE
$17,000 FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 95-166
A RESOLUTION AUTHORIZING FUNDING FOR THE CHARLES
BELL YOUTH DEVELOPMENT FUND, SPONSORED BY THE
URBAN LEAGUE OF MIAMI, INC., AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $17,000, 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.)
8.9 APPROVE APPLICATION FOR TWO-DAY STATE LIQUOR PERMIT -- BY
FLORIDA INTERNATIONAL RESTAURANT & HOTEL EXPO, INC. -- FOR
DISPLAY BY MANUFACTURERS / DISTRIBUTORS OF PRODUCTS LICENSED
UNDER THE STATE BEVERAGE LAW, AND FOR CONSUMPTION OF SUCH
BEVERAGES ON THE PREMISES OF THE COCONUT GROVE CONVENTION
CENTER (JULY 22-23, 1995).
RESOLUTION NO. 95-167
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
APPROVAL OF THE APPLICATION FOR A TWO-DAY STATE
LIQUOR PERMIT BY FLORIDA INTERNATIONAL RESTAURANT
& HOTEL EXPO, 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 JULY 22-23, 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.)
25 March 9, 1995
8.10 ACCEPT TWO DEEDS OF DEDICATION FOR HIGHWAY PURPOSES.
RESOLUTION NO. 95-168
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT TWO (2)
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.)
8.11 ACCEPT BIDS: (1) OMNI BUSINESS SYSTEMS ($5,748) -- FOR PURCHASE OF
ONE RICOH MV-715 MODEL TELECOPIER, AND (2) SAXON BUSINESS
SYSTEMS ($5,088) -- FOR TWO PANASONIC 755E MODEL TELECOPIERS -- FOR
LAW DEPARTMENT.
RESOLUTION NO. 95-169
A RESOLUTION ACCEPTING THE BIDS OF OMNI BUSINESS
SYSTEMS, IN THE AMOUNT OF $5,748.00, FOR THE PURCHASE
OF ONE RICOH MV-715 MODEL TELECOPIER AND OF SAXON
BUSINESS SYSTEMS, IN THE AMOUNT OF $5,088.00 FOR THE
PURCHASE OF TWO PANASONIC 755E MODEL TELECOPIERS,
AT A TOTAL PROPOSED AMOUNT OF $10,836.00 FOR THE LAW
DEPARTMENT; ALLOCATING FUNDS THEREFOR FROM THE
LAW DEPARTMENT'S GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 230101-840; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR SAID EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
----------------------------------------------------------------------------------------------------------------
9. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE MIAMI
WATERFRONT ADVISORY BOARD TO FILL REMAINDER OF
UNEXPIRED TERMS. (Appointed were: Luis De Rosa & Stuart Sorg.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number one on the regular agenda.
Vice Mayor Plummer: Item 2, Mr. Mayor.
Mayor Clark: Two. I'm sorry. Thank you, J.L. Item number 2.
Vice Mayor Plummer: Mr. Gort and Mr. De Yurre.
Commissioner Dawkins: You got some people that are supportive.
26 March 9, 1995
Vice Mayor Plummer: For Waterfront Advisory.
Commissioner De Yurre: Mr. Mayor, I appoint Stuart Sorg.
Mayor Clark: Are there appointments? I don't have any appointments.
Vice Mayor Plummer: Willy.
Commissioner Dawkins: That's... What is it, 2?
Mayor Clark: Yes. Willy Gort and Mr. De Yurre have.
Commissioner Gort: Jose Luis De La Rosas. De I.a Rosas.
Mayor Clark: All right. All those in favor of the motion, signify by saying "aye;" opposed, like
sign. So ordered.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-170
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI WATERFRONT ADVISORY BOARD TO FILL THE
REMAINDER OF UNEXPIRED TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
27 March 9, 1995
----------------------------------------------------------------------------------------------------------------
10. ESTABLISH / APPOINT MEMBERS TO SELECTION COMMITTEE TO REVIEW /
EVALUATE / PROPOSALS FOR PREPARATION OF CENTRAL SERVICES COST
ALLOCATION PLANS. (Appointed were: Gabriel Bustamante, Elena Carpenter & Mirta
Guerra -Aguirre. Pending still are two appointments to be made. See label 15, incorporating
Commissioner Gort's appointment.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 3. Gabriel Bustamante.
Vice Mayor Plummer: I'll have to delay mine until the next meeting.
Mayor Clark: Mr. Gort.
Commissioner Gort: 1 left my paper in the office. I'll bring it back.
Mayor Clark: I appoint Gabriel Bustamante. Mr. Dawkins?
Commissioner Dawkins: I got somebody?
Mayor Clark: Number 3.
Commissioner Dawkins: Number 3? I'll give it to you in writing by this afternoon, Mr. Mayor.
Mayor Clark: All right, sir. Thank you. Mr. De Yurre.
Commissioner De Yurre: Yes. I'm going to appoint Elena Carpenter.
Mayor Clark: Motion and a second on those items. Madam Clerk, with no exception, cast a unanimous
ballot.
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO.95-171
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO EVALUATE REQUEST
FOR PROPOSALS (RFP's) FOR THE PREPARATION OF CENTRAL SERVICES COST
ALLOCATION PLANS:
1) GABRIEL BUSTMANTE (nominated by Mayor Clark)
2) ELENA CARPENTER (nominated by Commissioner De Yurre)
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.
28 March 9, 1995
I
------------------------------------ ---------------------------------------------------------------------------
11. APPOINT DAVID CABARROCAS TO SERVE AS A MEMBER OF THE
LATIN QUARTER REVIEW BOARD TO FILL REMAINDER OF
UNEXPIRED TERM.
Mayor Clark: Now we go to item 4.
Vice Mayor Plummer: The next one is yours. Latin Quarter, Willy Gort.
Commissioner Gort: Latin Quarter is David Cabarrocas.
Mayor Clark: Sir?
Commissioner Gort: David Cabarrocas.
Mayor Clark: I don't have any appointments there. Mr. Plummer?
Vice Mayor Plummer: That's the only one.
Mayor Clark: All right. Motion and a second. Cast a unanimous ballot, with no exception,
Madam Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-172
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE LATIN QUARTER REVIEW BOARD TO FILL THE REMAINDER OF AN
UNEXPIRED TERM.
(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.
29 March 9, 1995
-------------- --------------- -----------------------------------------------------------------------------------
12. APPOINT JANET GAVARRETE TO SERVE AS A MEMBER. OF THE
MIAMI RIVER COORDINATING COMMITTEE.
---------------------------------- -----------------------------------------------------------------------------
Vice Mayor Plummer: Number 5, I nominate Janet Gavarrete.
Commissioner Gort: Second.
Mayor Clark: Are there other appointments? That's the only one?
Vice Mayor Plummer: That's the only one, Mr. Mayor.
Mayor Clark: Motion and a second. Cast a unanimous ballot with, no exception, Madam Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-173
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE MIAMI RIVER COORDINATING COMMITTEE FOR A TERM OF OFFICE AS
HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
30 March 9, 1995
O
------------------------------------------ ---------------------------------------------------------------------
13. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO APPOINT AN INDIVIDUAL AS A REGULAR MEMBER OF THE
PLANNING ADVISORY BOARD.
Mayor Clark: Item number 6.
Vice Mayor Plummer: That's Willy Gort's. Planning.
Mayor Clark: Yes, sir.
Commissioner Gort: I'll defer it.
Mayor Clark: Show that for... carry it over.
[AT THIS POINT, ITEM 6 WAS DEFERRED.]
----------------------------------------------------------------------------------------------------------------
14. (A) APPOINT HUMBERTO HERNANDEZ TO SERVE AS A REGULAR
MEMBER OF THE ZONING BOARD. [Pending still are two
appointments to be made.]
(B) DISCUSS POSSIBLE CONFLICT CONCERNING RESIGN TO RUN
LAW AND APPOINTED OFFICIALS FOR ELECTED AND DUAL
OFFICE HOLDING.
Mayor Clark: Item number 7.
Vice Mayor Plummer: I'll put mine over till the next meeting.
Mayor Clark: All right.
Commissioner Gort: Carry it over.
Commissioner Dawkins: I appoint Humberto Hernandez.
Mayor Clark: Humberto?
Commissioner Dawkins: For number 7.
Mayor Clark: All right.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, let me just...
Vice Mayor Plummer: Well, wait a minute. You have him on another board, Mr. Dawkins.
Commissioner Dawkins: He's resigning as of this afternoon.
Mr. Jones: OK. Let me also point one thing out to you. If he qualifies, my understanding is
he's intending to run for City Commission.
31 March 9, 1995
Commissioner Dawkins: He is.
Mr. Jones: And if he... At the point that he qualifies, lie has to resign.
Commissioner Dawkins: He has to get off the Board, yes.
Mr. Jones: That's correct.
Commissioner Dawkins: Thank you. I appreciate that. I'm aware of that.
Vice Mayor Plummer: Wait a minute. May I clarify that? Is it that...
Mr. Jones: He's qualified already?
Vice Mayor Plummer: He has to resign or give a letter of resignation?
Mr. Jones: No. If he's already qualified, it means that you can't appoint him.
Commissioner Dawkins: He did not qualify. He opened a depository to raise money.
Mr. Jones: OK, OK.
Commissioner Dawkins: That is not qualification.
Mr. Jones: Yes, sir.
Commissioner Dawkins: Ask the Clerk.
Vice Mayor Plummer: Well, can I ask in general...
Commissioner Dawkins: Wait a minute. Wait, J.L. Wait, J.L. Let me get this squared away,
please.
Vice Mayor Plummer: I'm sorry. I thought you were finished.
Commissioner Dawkins: Madam City Clerk,
Ms. Matty Hirai (City Clerk): Yes, Commissioner.
Commissioner Dawkins: The election process is, if an individual is desirous of running for the
City Commission, that individual comes in and gets a package.
Ms. Hirai: Yes, sir.
Commissioner Dawkins: And then that individual can open a depository. Is that a correct
statement?
Ms. Hirai: Designation of main depository and campaign treasurer, yes, sir.
Commissioner Dawkins: And then when the person decides to run, that person comes in and
pays a filing fee, and that person is then an official candidate. Is that a correct statement?
Ms. Hirai: The moment he files the designation of main depository and...
32 March 9, 1995
Commissioner Dawkins: Beg your pardon?
Ms. Hirai: The moment that he files that form, he's not officially, but he's already decided
he's...
Commissioner Dawkins: No, no, ma'am. Don't tell me about what's unofficial. Tell me what's
official.
Mayor Clark: Easy, easy, easy.
Ms. Hirai: May I... That would allow him to move monies about, and do campaign raisers, et
cetera, so he is...
Commissioner Dawkins: That's right, but he is not an official candidate until he comes in and
signs the paper saying, "I'm a candidate for that slot."
Ms. Hirai: That's officially qualified, yes.
Commissioner Dawkins: Thank you. That's all.
Ms. Hirai: But he is a candidate.
Commissioner Dawkins: That's all.
Mayor Clark: All right. Anything further?
Vice Mayor Plummer: Now, can I ask a question for clarification?
Mayor Clark: Yes, sir, please do.
Vice Mayor Plummer: Under the resign to run law - OK? - is that only to elected officials?
Because it is my understanding that you have to surrender a letter effective... resignation
effective the day the office you would assume. So...
Mr. Jones: It also applies to appointed officials, and he would definitely be an appointed official
under the resign to run law.
Vice Mayor Plummer: But does he resign... not... and I don't want to speak to him, I want to
speak to it in general. Do they have to resign effective the day they qualify, or a letter
resignating (sic) the day that they would take office?
Mr. Jones: First of all, it says that before you can qualify, you have to resign from any office
you're already holding. OK? The resignation would then... The resignation would then take
place the earlier of... the date that he would take office as Commissioner, or the date his
successor is required to take office.
Vice Mayor Plummer: OK. Thank you.
Mr. Manuel Gonzalez-Goenaga: May I be recognized for a clarification?
Mayor Clark: No, sir. No, sir, no. Please, we have a...
Mr. Gonzalez-Goenaga: Well, I am a candidate, also, for office.
33 March 9, 1995
Mayor Clark: Oh, that's right.
Mr. Gonzalez-Goenaga: Right? And I wonder...
Mayor Clark: Gosh! I forgot.
Mr. Gonzalez-Goenaga: ... when can I switch from group... from the left to the right? When is
the deadline? Because I don't have any trouble being named in this...
Mayor Clark: Well, listen, find out. Find out.
Commissioner Dawkins: From the Clerk. Get with the Clerk.
Ms. Hirai: Forty-five days prior to election is the deadline for qualifying. As of that...
Mr. Gonzalez-Goenaga: Three months prior to election.
Ms. Hirai: Forty-five days prior to election.
Vice Mayor Plummer: Forty-five days.
Mr. Gonzalez-Goenaga: Forty-five days. Well, thank you very much, and I really appreciate
that. I don't have any convict of interest here today.
Mayor Clark: Excellent, excellent. See, that was a fast move. "Hasta luego, Manolo."
Mayor Clark: All right. Do you have any further questions, J.L.?
Vice Mayor Plummer: No, sir.
Mayor Clark: All right. Now, that's item number 7. There's a motion and a second. Madam
Clerk, you can cast a unanimous ballot, with no exception.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-174
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS REGULAR
MEMBERS OF THE ZONING 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.)
34
March 9, 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.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
15. (Continued Discussion) APPOINT MIRTA GUERRA-AGUIRRE TO THE
SELECTION COMMITTEE TO REVIEW AND EVALUATE PROPOSALS
FOR PREPARATION OF CENTRAL SERVICES COST ALLOCATION
PLANS. (See label 10)
Commissioner Gort: Mr. Mayor, I'd like to go back to the appointment for the centralized...
Mayor Clark: Which item?
Commissioner Gort: What was that, 4 or 3? Three?
Vice Mayor Plummer: No... Yeah, 3.
Commissioner Gort: Three, yes.
Mayor Clark: Allright, sir. What is it?
Commissioner Gort: Mirta Guerra -Aguirre.
Mayor Clark: Did you get that, Madam Clerk? Second. There's no exception. Cast a
unanimous ballot.
35 March 9, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-1.75
A RESOLUTION ESTABLISHING AND APPOINTING MEMBERS TO A
SELECTION COMMITTEE TO REVIEW AND EVALUATE PROPOSALS FOR THE
PREPARATION OF CENTRAL SERVICES COST ALLOCATION PLANS.
(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.
----------------------------- ------------- ----------------------------------------------------------------------
16. DISCUSSION CONCERNING "SUMMIT OF THE AMERICAS" RELATED
COSTS AT BAYFRONT PARK -- REQUEST REIMBURSEMENT.
Mayor Clark: Now we're at number 8.
Commissioner Dawkins: On number 8, you have some people at the podium, Mr. Mayor.
Mayor Clark: All right. On this item?
Commissioner Dawkins: No, I don't know what they're on.
Mayor Clark: Well...
Mr. Cesar Odio (City Manager): Number 8?
Mayor Clark: Number 8.
Commissioner Dawkins: Number 8.
Mr. Odio: We have requested refunding from the Summit Committee, and from the State
Department and everybody else. We have not gotten any reply from anyone yet. We will have...
We have that listed as part of the reimbursements, Commissioner.
Commissioner Dawkins: OK. So our expenditures are lumped in with the rest of them.
36 March 9, 1995
Mr. Odio: Yes, sir. We have submitted that to them.
Commissioner Dawkins: And what... Now, because it creates, fellow Commissioners, it creates
a cash flow problem, in that, you know, we had a budget, we came in and said what we needed
to run the Bayfront Park Trust. Then, we had to use some of those funds for the Summit. So
somewhere, we have a shortage, and we're going to have to try to make it up someplace. OK.
Thank you, Mr. Mayor.
Mayor Clark: All right.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------
17. (A) NAME POOL AT CHARLES HADLEY PARK IN HONOR OF
COMMISSIONER MILLER J. DAWKINS.
(B) COMMISSIONER DAWKINS REQUEST OF COMMISSION TO
INQUIRE OF THE ADMINISTRATION WHY THERE HAVE BEEN
NO OPERABLE LIGHTS AND TELEPHONES IN HADLEY PARK.
Mayor Clark: Mr. Johnakin, what is it you have?
Mr. Thelbert Johnakin: Mr. Mayor, I really appreciate it if you... if the Board would hear me just
for a few minutes this morning, reference to letters that I have personally hand -delivered to the
Board of Commissioners, and plus, that. you, Mr. Mayor, also receive letters from a group of
people, about nine groups of people in the Model City area. This is in reference to the pool that
is being built in Hadley Park. We had, as a group of people, or nine of us, we had requests that
this pool be named after Commissioner Dawkins.
Vice Mayor Plummer: Huh? Commissioner who?
Mr. Johnakin: Commissioner Dawkins.
Mr. Odio: Doesn't he have to die first?
Vice Mayor Plummer: We're going to name what after him?
Mr. Odio: I thought you had to die before...
Vice Mayor Plummer: I thought we were only doing that for dead people. Are you trying to tell
him something about a premature...
Mr. Johnakin: Well, what we find is...
Vice Mayor Plummer: Is that the top three feet or the bottom three feet?
Mayor Clark: Wait a minute. We can handle this. I don't think this is the right time to do it,
Mr. Johnakin. We accept your presentation. I think it's a good presentation, in proper order, and
we will do that. I think it would be nice to name it right after it's finished.
Vice Mayor Plummer: I don't agree. I think that's horrible.
37 March 9, 1995
Mr. Johnakin: Well, Mr. Mayor, are you saying that you would like for us to come back? Due
to the fact of...
Mayor Clark: How long is it going to take to finish this?
Mr. Johnakin: Just seconds. It's up to you all, how long it will take you all.
Commissioner Dawkins: In July. We can do it before we go out.
Mr. Johnakin: As far as I'm concerned, all you have to do is give me an OK, and I'd sit down.
Commissioner Dawkins: We can go out... Tell him when it's completed, we'll go out and do it.
Vice Mayor Plummer: No, no, no. Come back three days after the funeral.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Please, now. J.L., we're trying to straighten this thing out.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Your candor is appreciated. Mr. Gort.
Commissioner Gort: It's my understanding that we can go ahead and make a decision today.
Also, my understanding is that previous to me... you and I being here, Commissioner Dawkins
has worked very hard in getting this pool getting built there. I wouldn't have any problem
making a motion.
Vice Mayor Plummer: Whew!
Mayor Clark: You'll make the motion?
Commissioner Gort: Yes, sir.
Vice Mayor Plummer: Can I invoke the rule?
Mayor Clark: No. You don't invoke no rule.
Vice Mayor Plummer: Five-year rule.
Mayor Clark: I'll second the motion, Mr. Johnakin.
Vice Mayor Plummer: There's a motion on the floor that we... That we do what?
Mayor Clark: We name the pool after...
Vice Mayor Plummer: We name the pool after Commissioner M.J. Can we do it M.J., so
nobody will really know who it is? Is the motion understood? Call the roll. Show Mr. M.J.
absent of mind.
38 March 9, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-176
A RESOLUTION NAMING THE SWIMMING POOL AT CHARLES HADLEY PARK
IN HONOR OF COMMISSIONER MILLER J. DAWKINS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
ABSTAINED: Commissioner Miller J. Dawkins
Mr. Johnakin: Mr. Mayor, just one more second. Also, we would like for the Board of
Commissioners to take a look into that pool, which the pool was supposed to sit 250 people for
meetings. It's only sitting 60 people. And we would like for the board of this Commissioners to
take a look at that. As you know, at the ARP (American Association of Retired Persons)
meeting, we have people sitting all out on the sidewalks, in the rainy weather and cold weather.
So if this Board of Commissioners...
Commissioner Dawkins: Mr. Mayor, the Manager has set up a meeting with Mr.... I mean, I'm
sorry. The Manager has asked Mr. Bailey to set up a meeting with the contractor, the architect,
and with... send the people out there for the 22nd. They do need someplace to go. And while
we're at this, Mr. Mayor... I hate to do this, but I must go ahead and do it while we're here.
They have over 285 seniors who work, meet out there each month, and they've outgrown the
building, and we've been working to get them a larger building. But my main concern, Mr.
Mayor and Manager, is for eight days, there's no lights at Hadley Park. And these same senior
citizens had an aerobics class the other day. One of the ladies passed out from heat exhaustion,
and there was no phone to call 911. So I would like for somebody to tell me why is it that at
Hadley Park, the lights have been out ten days, and the City of Miami, knowing the high crime
area, knowing people could go through there and get hurt, et cetera, and no emergency has been
declared to get some emergency work in there and get the lighting system going. Now, why
haven't... You declare everything else an emergency...
Mayor Clark: Well, wait. Let's find out now, please. Mr. Manager, can you handle this right
away?
Mr. Odio: Well, some of the lights have been restored already
Commissioner Dawkins: None of them.
Mr. Odio: Some of them.
39 March 9, 1995
Commissioner Dawkins: Well, they weren't on last night. Now, I live across the street. Now, I
live right across the street. Not one of them was on.
Mayor Clark: Please, now, please now. This is not going to be a circus here, now, folks. Please.
Commissioner Dawkins: OK. Thank you, Mr. Mayor. I'm sorry.
Mayor Clark: We'll take care of it right away. Thank you, Mr. Johnakin.
Mr. Johnakin: I would like to thank the Board of Commissioners and Mr. Mayor. Thank you.
Mayor Clark: Thank you, Mr. Johnakin. Thank you, gentlemen, ladies.
----------------------------------------------------------------------------------------------------------------
18. DISCUSSION CONCERNING THE "COCONUT GROVE WALK OF FAME
PROJECT" LIST OF NOMINEES SUBMITTED BY THE COCONUT GROVE
CHAMBER OF COMMERCE TO BE HONORED WITH INSTALLATION OF
PLAQUES IN SIDEWALK OF COCONUT GROVE BUSINESS AREA --
REFER TO MANAGER.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 9, plaques installed by the Grove Chamber of Commerce.
Vice Mayor Plummer: Mr. Mayor, this is, I think, basically, the same thing that we had when
we had it on 8th Street, and I think we learned our lesson on 8th Street. I would say that we
approve this, subject to some following conditions. Number one, this Commission at all times
must have 120 days in advance, the name of anyone that will be proffered, and we would have
the right of veto. Number two, that building permits, in conjunction with Public Works must be
secured. And the other question that always came up, Mr. City Attorney, as to whether or not
liability should be a concern, and if so...
Mayor Clark: ... who pays for it.
Vice Mayor Plummer: ... who pays for it, and how is the City indemnified, so that we don't have
the problems of more lawsuits for sidewalks. But if those were to be adhered to, then I think it's
a great idea, personally, and I'm ready to vote for it.
Mr. James Kay (Deputy Director, Public Works): Mr. Commissioner, I might add, we do have
an agreement with the Coconut Grove Chamber of Commerce already for this installation of
plaques. Some of those conditions were mentioned, and others, of course, that you didn't
mention are also in that agreement. The problem they do have is with insurance. They cannot
get insurance, because insurance, in this case, is normally attached to an adjacent property, and
these plaques are up and down Main Highway and Commodore Plaza.
Vice Mayor Plummer: Well, I don't agree with that, sir, because, very simply, the outdoor cafes
are not on a contiguous property. They're on public rights -of -way, and there is insurance issued
for those.
Mr. Kay: They are... The sidewalk cafes are issued contingent upon their being an adjacent
restaurant facility, and the City is added on as an additional insured. And this, you don't have
that in this case.
40 March 9, 1995
Vice Mayor Plummer: Well, how are you going to protect us?
Mayor Clark: Well, they're going to have to have insurance. We can't do it without insurance.
Vice Mayor Plummer: How are you going to protect the City?
Ms. Amy Simons: These plaques will be built and installed according to City specifications.
Vice Mayor Plummer: That's not the point.
Mr. Cesar Odio (City Manager): Somebody trips on a plaque, and we pay.
Vice Mayor Plummer: That's it.
Mr. Odio: And we cannot pay.
Mayor Clark: That's right.
Vice Mayor Plummer: The City's got to be indemnified.
Mayor Clark: You're going to have to check and get some insurance company to cover the
insurance on it, liability.
Vice Mayor Plummer: Basically, what you're looking for is a liability policy. I would move
that this matter be sent to the Manager, and that whatever can be worked out with the... Well,
excuse me. Why can't the City, under its own City insurance plan charge them a premium to
cover them?
Mayor Clark: J.L., let the Manager... Let's not try to cut it up here. Let the Manager work it
out, and look at that, and give us any options.
Vice Mayor Plummer: Possibility.
Commissioner Dawkins: And Mr. Manager, when you work it out, please remember the number
of cases we have outstanding, and the amount of money the City of Miami already owes for...
Mayor Clark: He will.
Commissioner Dawkins: OK?
Mr. Odio: That's why...
Commissioner Dawkins: OK. I know why you said no, but I just want to put it on the record.
OK?
Vice Mayor Plummer: I got two on my desk right now for 24,000 and 18.
Commissioner Dawkins: But see... But see, this Commission refuses to bite the bullet. We just
pass stuff to the Manager, pass it to the Manager...
Mayor Clark: He's going to bring it back.
41 March 9, 1995
Commissioner Dawkins: And the Manager don't have sense enough to tell you, "I ain't going to
do that," because he's scared of his job, you know. But some things, we have to do. It's not the
Manager's responsibility, Mr. Mayor, to do some things.
Mayor Clark: Well, he's going to have to give us an idea of how we can do it, how we can
accomplish it. That's what we're looking for.
Commissioner Dawkins: There you are. That's right.
Mayor Clark: Item number 10. Thank you, ladies.
Vice Mayor Plummer: Mr. Dawkins, I always want the Manager scared for his job.
Mr. Odio: Well, I don't know why. I haven't been scared for a while.
Mayor Clark: Let's move forward.
[ITEM 9 WAS REFERRED TO THE CITY MANAGER.]
----------------------------------------------------------------------------------------------------------------
19. ACCEPT CITY MANAGER'S RECOMMENDATION TO ALLOW THE
FOLLOWING BOARDS TO CONTINUE IN EXISTENCE FOR ANOTHER
YEAR: (1) AFFIRMATIVE ACTION ADVISORY BOARD; (2) BAYFRONT
PARK MANAGEMENT TRUST; (3) CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD; (4) CIVIL SERVICE BOARD; (5)
CODE ENFORCEMENT BOARD; (6) DOWNTOWN DEVELOPMENT
AUTHORITY, AND (7) OVERTOWN ADVISORY BOARD.
Mayor Clark: Item number 10.
Mr. Cesar Odio (City Manager): I recommend that we allow these boards to continue another
year.
Mayor Clark: All right. Motion to continue for another year. Is there a motion?
Vice Mayor Plummer: Move it. Second it.
Mayor Clark: Moved and seconded. Cast a unanimous ballot.
Vice Mayor Plummer: I don't know what it means, but...
42 March 9, 1995
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-177
A MOTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PURSUANT TO SECTION 2-436 OF THE CITY CODE REGARDING DISCUSSION
CONCERNING SUNSET REVIEW OF BOARDS (NAMELY AFFIRMATIVE
ACTION ADVISORY BOARD; BAYFRONT PARK MANAGEMENT TRUST;
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD; CIVIL
SERVICE BOARD; CODE ENFORCEMENT BOARD; DOWNTOWN
DEVELOPMENT AUTHORITY, AND OVERTOWN ADVISORY BOARD) TO
ALLOW SAID BOARDS TO CONTINUE IN EXISTENCE FOR ANOTHER YEAR.
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.
----------------------------------------------------------------------------------------------------------------
20. ACCEPT / CERTIFY RESULTS FROM SPECIAL NEIGHBORHOOD
ELECTION HELD ON FEBRUARY 26, 1995, WHEREIN PROPERTY
OWNERS IN CORAL GATE, DAVIS CITRUS FARM AND OTHER
AFFECTED SUBDIVISION AREAS OVERWHELMINGLY VOTED IN
FAVOR OF INSTALLING PERMANENT BARRICADES IN PLACE OF
PRESENT TEMPORARY BARRICADES -- STIPULATE THAT PUBLIC
WORKS DEPARTMENT SELECT TYPE OF PERMANENT BARRICADE TO
BE ERECTED, AND SUBMIT SAME TO THE COMMISSION FOR
APPROVAL -- STIPULATE THAT AFFECTED SUBDIVISION AREAS PAY
FOR THE BARRICADES.
Mayor Clark: Item number 11.
Mr. Cesar Odio (City Manager): I recommend on 11 that the... The people of Coral Gates have
spoken. The majority of the people in Coral Gate voted for the barricades, and that we support
the results of a free election.
Commissioner Dawkins: That's your recommendation.
Mr.Odio: Yes.
Commissioner Dawkins: I move the Manager's recommendation.
43 March 9, 1995
49.1
Mayor Clark: Is there a second?
Ms. Mercedes Busto: Mr. Mayor.
Mayor Clark: Just a moment. All right, now you can speak.
Vice Mayor Plummer: Under discussion, Mr. Mayor.
Mayor Clark: The lady speaks first.
Commissioner Dawkins: There's discussion... There's no second yet, J.L.
Vice Mayor Plummer: Oh, yeah, Willy...
Commissioner Gort: Let me second.
Vice Mayor Plummer: Willy seconded.
Mayor Clark: He seconded it.
Commissioner Dawkins: OK. I'm sorry. Go right ahead.
Mayor Clark: Yes, ma'am. Give us your name.
Ms. Busto: Yes, sir. Mercedes Busto. My office is... I'm an attorney, 999 Ponce de Leon
Boulevard, and I have registered this morning with the Clerk. The vote that you are talking
about today is invalid, and the reason is that last time that this matter was before the
Commission, on February the 9th, the requirement was one vote per household. And the only
proof that any resident had to give was a proof of residency...
Mayor Clark: I think it was one vote for ownership; is that right, Mr. Clerk?
Commissioner Dawkins: That's right, Mr. Mayor.
Ms. Busto: One vote... It was one vote per household, sir, and it was proof of the utility...
Mayor Clark: It was one vote per ownership, not household. The house couldn't vote.
Ms. Busto: Well, sir, I... because I have watched the tape. After the matter was closed, several
hours later, the proponents of the barricades came over to you, and without the... in the absence
of those who had... who would be affected, proposed that you require an affidavit from the
owner.
Vice Mayor Plummer: That's not true. No, that's not correct.
Ms. Busto: A signed affidavit from the owner.
Vice Mayor Plummer: What they came here for...
Mr. Odio: Excuse me.
Commissioner Dawkins: No, that's not... That's incorrect.
Mayor Clark: You may have witnessed... Please, hold on fellows. Hold on, gentlemen.
44 March 9, 1995
Ms. Busto: I have watched the tape.
Commissioner Dawkins: OK. Go ahead, Mr. Mayor.
Mayor Clark: You may have witnessed the tape. We're going to tell you what happened. You
were not here. You were not here on February...
Ms. Busto: I was not, sir. I watched the tape.
Mayor Clark: OK, fine.
Vice Mayor Plummer: Mr. Mayor.
Mayor Clark: J.L.
Commissioner Dawkins: Go ahead, Mr. Mayor. Let the Mayor tell it.
Vice Mayor Plummer: The people that came here for clarification only, they asked - they did not
recommend - -they asked for clarification. And this Commission told them the intent. They did
not propose anything in any way, shape or form to my...
Mayor Clark: No changes at all.
Vice Mayor Plummer: All they asked was, "Tell us what was the intent," and that's what we did.
Ms. Busto: However, had we been here at that time, we would have asked for more time,
because definitely, less than two weeks, I think, two and -a -half weeks to obtain signed affidavits
from owners who may be in South America, for all you know...
Vice Mayor Plummer: Excuse me, excuse me.
Ms. Busto: ... or in other states.
Mr. Odio: How many elections do you want to have? There was one election, and the
barricades won.
Ms. Busto: Well...
Mr. Odio: We said, "Well, maybe it wasn't done right." We had a second election. Now,
you're saying... How many elections you going to have?
Ms. Busto: One.
Mr. Odio: The majority...
Ms. Busto: We just need one meaningful election.
Mr. Odio: The majority spoke.
Ms. Busto: Just one. And it hasn't been done yet, and that is our beef, that really is our beef.
Mayor Clark: Ma'am, in our best judgment, we did exactly what we were requested to do, to
give the opportunity to the people living in that area, the homeowners, a chance to vote. Now, if
45 March 9, 1995
they're absentee homeowners, apparently, they're not... They're not concerned about Coral
Gate, or they wouldn't be absentee homeowners.
Ms. Busto: The residents are still entitled, sir. The residents are entitled to have their voice...
Mayor Clark: Well, you figure a better way, then... We're not trying to reinvent the vote. The
vote was, I think, 250 to 166, right?
Ms. Busto: Yes. There were many people who showed up to vote, and they were turned back.
There were others who did not go to vote, because they found out about this requirement, and
they did not have time to obtain a signed affidavit from, you know, the owners. And that is...
Mayor Clark: I don't know what we can do now.
Commissioner Dawkins: You know, I have to take issue with what you are saying. Let me tell
you why I must take issue with you. Mr. Manager, how long has this been going on,
approximately?
Mr. Odio: For years now.
Commissioner Dawkins: OK? And for you to stand here and tell me that there were people who
were not aware, that did not know about this, and therefore, they did not participate, I take issue
to that. Everybody was aware of what was going on.
Ms. Busto: The residents are aware.
Commissioner Dawkins: OK. Thank you.
Ms. Busto: The owners... If you put a requirement to obtain a signed affidavit from somebody
who may be out of the country, and you give them two and -a -half weeks to do that, in order to be
able to vote in a significant election, that is not... that is not proper.
Mayor Clark: Do you know how many absentee owners there are?
Ms. Busto: Excuse me, sir?
Mayor Clark: How many absentee owners are there in the whole subdivision?
Ms. Busto: I don't know. I don't know.
Vice Mayor Plummer: Well, Mr. Mayor, I think it's important that the record be furnished with
the fact that the Clerk, it was my understanding, sent certified mail to every registered
homeowner, as well as put it on everyone's door.
Ms. Matty Hirai (City Clerk): Yes, sir.
Vice Mayor Plummer: Is that correct?
Ms. Hirai: That is correct, sir.
Ms. Busto: And it was...
Unidentified Speaker: That's not correct.
46 March 9, 1995
Ms. Busto: And it was...
Commissioner Dawkins: And Mr. Mayor...
Vice Mayor Plummer: Excuse me. I am only going by what I'm told. If you have a different
story, we'll listen to it, but I'm telling you what I was told.
Ms. Busto: And it was done...
Ms. Hirai: My office requested from the Tax Assessor's Office from Dade County all the
property owners, and the mailout did go out. The Department of Public Works physically placed
on each door, in a little plastic bag, this same notice, accompanied by the map that had been
previously approved by the City Commission. We went to an extent that we have never gone out
before. It was like a mini total election, and it went very smoothly, whether you are pleased with
the results or not.
Vice Mayor Plummer: Thank you.
Ms. Busto: Well, my understanding was...
Mayor Clark: Well, the ones that voted "no" will never agree with you, and the ones that voted
yes think you're a real disciple. So that's where it stands today.
Vice Mayor Plummer: Mr. Mayor, my only problem, Mr. Mayor, if I may, my only problem is
that this item is scheduled here today, irrespective of what I thought that I said as a public
hearing. It is here today as a discussion item. Now, we assured certain people that there would
be a definite public hearing. Why it was not scheduled that way, or after six o'clock this
evening, as was requested, I can't answer that. And I would like to know what happened.
Ms. Hirai: The answer is, there was no motion, sir. You were talking to some people and said
there would be one. Nobody did call a public hearing. And you did say that the results would be
binding, so we felt that the discussion would deal with the issue of who would foot the cost for
the election...
Vice Mayor Plummer: OK. All right. Hey.
Ms. Hirai: This is the reason why.
Vice Mayor Plummer: Then, if, in fact... The motion is, as I understand it, is to approve the
barricades; is that correct?
Commissioner Dawkins: That's correct.
Ms. Busto: May I...
Ms. Hirai: It was approved, by the results.
Commissioner Dawkins: I move the Manager's recommendation.
Vice Mayor Plummer: And he moved to approve the barricades.
Commissioner Dawkins: Right.
Ms. Busto: May I...
47 March 9, 1995
Vice Mayor Plummer: That's the motion on the floor.
Commissioner Dawkins: Yes.
Mayor Clark: That's it.
Vice Mayor Plummer: Now, my next concern has to be, from my professionals - I know they
have their ideas, those who are proffering for the barricades - the concern about the barricade,
itself, landscaping, or gates, or what, and I think this Commission has got to make that decision
as to what kind. We know that already, that the people are going to have to pay for it. That, we
know. Now, it's important, because I'm going to tell you that when I sat here and voted on
Aviation Avenue barricades, that, in fact, they could be driven over, that for... emergency
vehicles could drive over them. I defy an emergency vehicle, unless it's a bulldozer, to knock
down some of those coconut trees that are in the middle of those barricades. So I want to make
sure, because I got to tell you, I was affected by the man who supposedly - I'm not saying that
it's a true statement - but had a problem because of rescue not being able to get there. I got a
problem with that. So I want to make sure that, in fact, that we address and have a comfort in
knowing that those barricades are either going to be able to run over, or go to the gate.
Mayor Clark: OK. I think he was first.
Commissioner Dawkins: No, I yield, Mr. Gort. Go ahead, Mr. Gort. I yield to Gort.
Vice Mayor Plummer: I'm finished.
Mayor Clark: Willy.
Commissioner Gort: Mr. Mayor, my understanding, whatever action we take here today, the
Dade County, it's my understanding - correct me, Public Works, if I'm wrong - they have the
last say-so on how you close a street.
Vice Mayor Plummer: No, that's not true.
Mayor Clark: Yeah, Dade County does.
Commissioner Gort: Now, let me explain this so everyone will understand. One of the reasons
we build arterial streets is for people to go from neighborhoods to neighborhoods, or from zones
to zones. That's why you have the major arterial streets. Now, when traffic gets that bad that
people start going into the neighborhood, that affects a lot of the neighborhoods. And... because
people don't want to wait. They don't want to be in the arterial streets, and they don't want to
wait two or three lights. They want to cut through traffic, through the neighborhood, and that
affects everybody. Now, my understanding is, what Coral Gate would like to see is people not
using their neighborhood as a neighborhood... traffic through street, or as an arterial street, so
they have the right to do that. Now, my understanding is, Public Works from the City, Public
Works from the County, plus the Fire Department will try to work out a system where people
will not be able to use Coral Gate as a thoroughfare, but people that live there will be able to get
in and get out. And that's my understanding, and that's the reason why I second this motion.
Vice Mayor Plummer: I think with one correction. I don't think that Public Works of Dade
County is the final word. I think it will be with the County Commission.
Commissioner Gort: Or the County Commission.
48 March 9, 1995
Mayor Clark: Whatever.
Commissioner Gort: Whatever.
Ms. Busto: May I...
Commissioner Dawkins: Mr. Mayor.
Ms. Busto: Mr. Mayor.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir. Yes.
Commissioner Dawkins: We started this, and we have to live with it. If we had not approved
the first barricade, we would not have to approve any more. So therefore, I don't care what any
member of this Commission says about safety, non -safety, unless you have standards that you
apply to every homeowner group that has barricades, you cannot impose the other safeties on
nobody else.
Vice Mayor Plummer: Oh, that's true.
Ms. Busto: Mr. Mayor.
Mayor Clark: Any further discussion?
Ms. Busto: Yes. I would like to make some comments, please.
Mayor Clark: Just a moment, because we have a motion on the floor.
Ms. Busto: I would like to address the Commission regarding some things from the Public
Works, Fire Department, the Police Department, the DOT (Department of Transportation), the
surrounding businesses, and homeowners in the area, if I may.
Mayor Clark: As long as you're not going to take all day to do it.
Ms. Busto: No, sir. There's increased traffic on 16th Terrace and 17th Street. There have been
traffic accidents there. The residents are affected, and the property values in that area are down,
because of the increased traffic that benefits the people in the Coral Gate Drive area, but it
affects adversely the residents of 16th Terrace and 17th Street. The Fire Department is against
the barricades, because there is an increased response time.
Vice Mayor Plummer: They always are.
Ms. Busto: It has been proven, increased response time. There was a death already. There is
inability to turn around at every dead-end street. The vehicles cannot turn around, and therefore,
they have to back for long distances, and that increases the response time. There is... The access
to the fire hydrants are adversely affected, because it takes much longer to get to the fire
hydrants. The Police Department, in a memo dated December 21, 1994, said:
"Our recommendation remains in opposition to the placement of any barricades in
this area. The placement of barricades in any area in the City of Miami reduces
the accessibility to emergency vehicles, restricted access, even hampers the
effectiveness of routine patrol. When emergency situations arise, we prefer to
have the most unobstructed access to a location as possible. Increasing arrival
49 March 9, 1995 -
time on a critical incident, even if by only a few minutes could be the difference
in bringing a situation to a successful conclusion."
In addition, the Florida DOT has expressed its concern about this situation. Mr. Hernandez,
from Dade County Public Works Department has also stated that the traffic, if it is affected in the
area, in the surrounding areas, that the modifications to the traffic patterns and the needed
geometric improvements or signal modifications will have to be done by the City of Miami at the
expense of the City of Miami. The surrounding businesses have been affected, on Coral Way,
on 32nd Avenue, and on 37th Avenue. We have letters which have been sent to the
Commissioners. Caballero Funeral Home, the Amoco Station, Mobil Station, Coral Gate
Cleaners, Farmacia Luis, Virginia's Print Shop, Norris Market, and many others that have
written to you have been affected, and they have experienced a loss of business because of the
inability of the people to get in and out of their enclaves. The residents within the Coral Gate
neighborhood also have been affected, because of the ingress and egress, to and from their
homes, and they cannot... They have to go around a long way. The Miami City Code provisions
require that for closing the streets, there be a certain procedure followed, which has not been
followed. The Platting Committee has not made any findings regarding the impact on
emergency services, and on benefits accruing to the residents in the area. The proposed
barricades also violate the restrictions on the creation of dead-end streets. There must be a T-
type turnaround, or at least, I understand, 84-diameter turnaround at the end of the dead-end
streets. That does not exist. There has been no provision to do that. And also, the dead-end
streets must not be longer than 600 feet. And in this situation, there's a few of them that exceed
that by a lot.
Mayor Clark: All right.
Ms. Busto: And we have a notebook that we would like to leave with the Commission with all
our exhibits, including these. If you will accept it, I will give it to the Clerk.
Mayor Clark: You can leave that with the Clerk, yes, ma'am.
Ms. Busto: Yes, sir.
Mayor Clark: All right. Thank you, ma'am. We'll let one more person speak, then we'll call a
vote. If you want to speak... You were down here speaking before. I know that you're against
them. You stated that many, many, many times. I'll give you an opportunity, give you a
moment or two to express your opinion, and that will be it.
Ms. Olga Campos: My name is Olga Campos. I live at 1851 Southwest 36th Avenue, and I am
against the barricades. The streets in question are not owned only by the people whose
properties abut the streets that are being questioned. They're owned by all Dade County
residents, and all Dade County residents pay taxes for these roads, and should have access to
them, just like we should have access to all other Dade County roads.
Mayor Clark: No, because Dade County residents don't pay taxes for those roads. Those are in
the City of Miami. Arterial roads are another thing.
Ms. Campos: The arterial roads are the ones that are being most adversely affected.
Mayor Clark: Those are City roads. Those are
Ms. Campos: What?
Those roads now belong to the City of Miami.
Mayor Clark: They belong to the City of Miami. They've been dedicated.
50 March 9, 1995
Ms. Campos: So City of Miami residents are still paying taxes.
Mayor Clark: I think you said the County residents, Dade County.
Ms. Campos: OK. City of Miami...
Mayor Clark: All right. Thank you, ma'am.
Ms. Campos: ... taxpayers are paying.
Mayor Clark: Thank you. All right. Call the roll, Madam Clerk, on the motion.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-178
A RESOLUTION, WITH ATTACHMENT, MAKING FINDINGS, AND DIRECTING
THE PERMANENT PROHIBITION OF VEHICULAR ACCESS TO CERTAIN
STREETS, SUBJECT TO THE APPROVAL OF THE METROPOLITAN DADE
COUNTY TRAFFIC DIRECTOR, IN THE CORAL GATE NEIGHBORHOOD IN THE
CITY OF MIAMI, FLORIDA, IN ACCORDANCE WITH PLAN "A", ATTACHED
HERETO AND MADE A PART HEREOF, SUBJECT TO CONDITIONS AS SET
FORTH HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: The motion, as I understand it, is to approve.
Ms. Matty Hirai (City Clerk): Yes, sir.
Vice Mayor Plummer: I would want with that motion understood that Public Works and this
Commission will approve the type of barricade. I vote...
Mr. Odio: And that they pay for the barricades, right?
Vice Mayor Plummer: And, of course, they pay for the... They've got to raise the money, as all
the others have. I vote yes.
51 March 9, 1995
Mayor Clark: I vote yes, with those same conditions that Mr. Plummer stated. Thank you, folks,
for coming down.
(APPLAUSE)
-------------------------------------------------------- -------------------------------------------------------
21. (Continued) AUTHORIZE SUBMITTAL OF CITY OF MIAMI'S FY 1995-1996
PROPOSED CONSOLIDATED PLAN, INCLUDING FY 1995 PLAN WITH
PROJECTED USES OF FUNDS FOR THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS,
EMERGENCY SHELTER GRANT AND HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS PROGRAMS TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT -- EXECUTE NECESSARY
IMPLEMENTING AGREEMENTS. (See label 7A)
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Mr. Mayor, why don't you go over again the CDBG (Community
Development Block Grant), because there's a lot of people here for the CDBG.
Mayor Clark: We're going to take it at 10 o'clock. Item...
Vice Mayor Plummer: I'll move item 13.
Mayor Clark: When you leave, folks, please leave quietly. We are on item 13. Read item 13
into the record, Mr. Attorney.
Vice Mayor Plummer: Thirteen, read 13.
Mr. Cesar Odio (City Manager): No, you don't have to read it. It's a resolution.
Vice Mayor Plummer: It's a resolution.
Mayor Clark: Well, read it into the record anyway.
AT THIS POINT, RESOLUTION NO. 95-179 WAS READ INTO
THE PUBLIC RECORD,
Mayor Clark: Motion by...
Vice Mayor Plummer: Plummer.
Mayor Clark: ... Mr. Plummer. Seconded by Mr. Gort. Call the roll, Madam Clerk.
Mr.Odio: Wait.
Vice Mayor Plummer: We'll go back to it. What's the problem?
Mayor Clark: Call the roll.
52 March 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-179
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE SUBMITTAL OF
THE CITY OF MIAMI'S FY 1995-1996 PROPOSED CONSOLIDATED PLAN,
INCLUDING A FY 1995 PLAN WITH PROJECTED USES OF FUNDS FOR THE
CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT
PARTNERSHIPS, EMERGENCY SHELTER GRANT AND HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS TO THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD);
FURTHER AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID
PLAN AND GRANTS BY USHUD, TO ACCEPT THE SAME AND EXECUTE THE
NECESSARY IMPLEMENTING AGREEMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND SUBJECT TO APPLICABLE CITY CODE
PROVISIONS.
(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.
53 March 9, 1995
----------------------------------------------------------------------------------------------------------------
22. (A) (Continued) FIRST READING ORDINANCE: ESTABLISH FOUR
NEW SPECIAL REVENUE FUNDS: (1) COMMUNITY
DEVELOPMENT BLOCK GRANT (21ST YEAR) - APPROPRIATE
$13,709,000; (2) HOME INVESTMENT PARTNERSHIP -
APPROPRIATE $4,038,000; (3) EMERGENCY SHELTER GRANT -
APPROPRIATE $494,000; AND (4) HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS -- APPROPRIATE $7,906,000 --
APPROPRIATE $2,700,000 FROM 20TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME
(AS APPROVED BY DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT [HUD]) -- TOTAL APPROPRIATION: $16,409,000.
(See label 713)
(B) SEND WRITTEN NOTICE TO EACH OF THE AFFECTED
AGENCIES SCHEDULING A FUTURE SPECIAL PUBLIC
HEARING CONCERNING 20TH YEAR CDBG PROGRAM INCOME
DISBURSEMENT FOR EACH OF THE ABOVE CITED NEW
SPECIAL REVENUE FUNDS, PENDING RECEIPT OF
INFORMATION FROM HUD AS TO POSSIBLE FUNDING CUTS
TO OUR REQUESTED CDBG ALLOCATION.
Vice Mayor Plummer: Father might not have been here, Mr. Mayor.
Mayor Clark: I think he was here earlier.
Rev. John White: I was here, Mr. Mayor.
Vice Mayor Plummer: Oh.
Rev. White: And I just want to raise a question.
Mayor Clark: Yes.
Rev. White: In order to help all of us in this process, it would be helpful if you all could help
establish a date, a date when the hearing would be so...
Vice Mayor Plummer: We don't know.
Mayor Clark: If we could, we would.
Vice Mayor Plummer: We don't know when Washington...
Mayor Clark: We got to wait for this thing to kind of germinate through...
Rev. White: OK. You're going to wait for the cuts...
Mayor Clark: Yes. Yes.
Rev. White: ... and get the final amount, and then you can decide. Thank you.
Mayor Clark: Thank you, Father.
54 March 9, 1995
!0,
Vice Mayor Plummer: Mr. Mayor, I think a legitimate question... Mr. Castaneda, I am still
concerned about - and as I look. at this board here, and I'm going to furnish my colleagues a
copy - of the people of that board, of the CD (Community Development) Board, I would like to
see that, that board, whether it's constituted... And I've got one of my appointees, who was very
bad in attendance, and some of the others, I won't speak to others, but I would like to see that
board be constituted again, and have a meeting, and do what that board is supposed to do.
Now...
Commissioner Dawkins: I second the motion.
Mr. Frank Castaneda: But Commissioner, the problem is, it's unfair to bring new people in after
these people were working five months on it.
Vice Mayor Plummer: Well, it's unfair for them not to come out with a recommendation.
Mayor Clark: Look, Frank, we've got to go start over again. We don't know what we're going
to even have to start with.
Vice Mayor Plummer: That's...
Mayor Clark: This is a new ball game.
Vice Mayor Plummer: Now, Mr. City Attorney.
Mr. Rafael O. Diaz (Assistant City Attorney): Yes, sir.
Vice Mayor Plummer: Can I just remove somebody? One of my attendees has missed five out
of six meetings, and I would like to remove that person, who, obviously, has not got the interest
that I thought that that person would have. Can I just remove them, or do I have to go through
an action to remove them?
Mr. Diaz: I think generally, you can remove if there is... remove such a person. There is a
generic ordinance that was adopted last year allowing you to remove...
Vice Mayor Plummer: All right. Tell me how I do it so that I can make a new appointment of
someone who will attend the meetings.
Mr. Diaz: You simply have to write a letter to the City Clerk, asking that that person be
removed.
Ms. Matty Hirai (City Clerk): You can so state on the record also, Mr. Vice Mayor.
Vice Mayor Plummer: That's fine. I will do such, and I will be removing...
Mayor Clark: Ladies and gentlemen, please be quiet. We're not having a session up here for
everyone who's talking at the same time. Please be quiet. If you have to speak, go outside in the
foyer.
Vice Mayor Plummer: I will be removing Marta Rodriguez, who has not attended any of these
meetings, and I will be appointing someone new to that board, who I feel would have more
interest in the activities, so that we could get a recommendation. And I was going to get copies
for all of you there.
55 March 9, 1995
Mayor Clark: Well, OK.
Unidentified Speaker: Mr. Mayor, could I comment on that, please? May I?
Mayor Clark: Please, just a moment.
Unidentified Speaker: OK.
Vice Mayor Plummer: Oh, you made copies? Good. I don't have to. OK. Give me mine back.
Thank you.
Commissioner Gort: Both of mine have been going.
Vice Mayor Plummer: Hey, if your people have been attending, the only other question, I guess,
is, Frank, I would appreciate for my - and I don't know if my colleagues are interested - I'd like
to know the members that walked out of the meeting, who did not stay and make a
recommendation. I don't want it on the record. You can give it to my office, but if one of my
people were there, I'm going to ask one of my people, "Why did you walk out?" I want to know.
OK?
Mr. Castaneda: Sure, Commissioner.
Vice Mayor Plummer: Thank you.
Mayor Clark: Well, I had one to miss four meetings out of six. We'll have to just move him
down the line.
Vice Mayor Plummer: Mr. Mayor, if you're ready for a motion...
Mr. Odio: Fourteen. You need to read the ordinance.
Vice Mayor Plummer: ... on 14, I'm ready to make the motion.
Mayor Clark: All right. On item 14. Folks, this all concerns CDBG, so listen up.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.]
Commissioner Dawkins: Question.
Mayor Clark: Yes, sir.
Commissioner Dawkins: The housing funds remain and go back into housing; is that right?
Mr. Castaneda: Yes, they do, Commissioner.
Commissioner Dawkins: All right. How do I know they're locked into housing?
Mr. Castaneda: They're locked into housing. All the allocations are locked into what they are,
unless they're changed by the City Commission.
Vice Mayor Plummer: Because you're up here and vote on it. That's how you know it.
Mayor Clark: And I don't...
56 March 9, 1995
Commissioner Dawkins: OK.
Mayor Clark: All right.
Commissioner Dawkins: OK. All right.
Mayor Clark: On first reading.
Commissioner Dawkins: Add to the motion that all housing funds must come back to the City
Commission to be voted on before expended.
Vice Mayor Plummer: Absolutely.
Commissioner Dawkins: OK. Thank you.
Vice Mayor Plummer: Absolutely.
Mr. Odio: I agree.
Commissioner Dawkins: Call the roll, Mr. Mayor.
Mayor Clark: Is that a line on first reading, Madam Clerk? Yes, ma'am.
Ms. Marion Crawford Kiley: My name is Marion Crawford Kiley, and I have been present at all
of the Community Development Advisory Board meetings. As you consider replacing board
members, I would like to add a point of information. The board members will have to...
whatever new board members may come on will need to have a process or a time frame in which
to hear the community citizens' input, which all these board members have, and to review the
grants. The current board members, while I'm not going to comment on their value or no value,
have, in fact, been present to hear the community. They've been through at least three hearings,
and they have reviewed all the individual grants.
Vice Mayor Plummer: Well, excuse me.
Ms. Kiley: So if you do replace - and I have no problem with replacing - please allow for that
process to be built in. Thank you.
Vice Mayor Plummer: Ma'am, in the last one, which was, I assume, the final one...
Ms. Kiley: I was there.
Vice Mayor Plummer: ... which we show as February the 8th...
Ms. Kiley: I was there the entire time.
Vice Mayor Plummer: ... there was one, two, three, four, five, six, seven of those members that
didn't even attend, much less vote or not vote.
Ms. Kiley: That's correct.
Vice Mayor Plummer: OK? So that's the point.
Ms. Kiley: And people walked out. I was there the entire time.
57 March 9, 1995
Vice Mayor Plummer: And if they were not there to hear, or to get the recommendations, or see
it, then I think that Community Development can easily hold a seminar, and give the new
members the minutes, and they can refer to them that way.
Commissioner De Yurre: Well, Mr. Mayor, if I may.
Ms. Kiley: I don't disagree.
Commissioner De Yurre: Excuse me a second.
Mayor Clark: Mr. De Yurre.
Commissioner De Yurre: If we had seven people who were absent, to begin with, out of 18, and
some people walked out, who was there to make sure that there was a quorum for the vote?
Vice Mayor Plummer: There wasn't. There was three left.
Mr. Castaneda: There was no quorum at the end, Commissioner.
Commissioner De Yurre: So this is not...
Mr. Castaneda: That's why we said that there was no recommendation.
Commissioner De Yuâ–ºre: So there's no recommendation.
Mr. Castaneda: That's correct.
Commissioner De Yurre: And so what's the purpose of having this board, if there isn't the
wherewithal to at least...
Vice Mayor Plummer: Well, that's why I'm going to replace them. Excuse me.
Mr. Castaneda: That's exactly what we're arguing.
Commissioner De Yurre: Who were the three that were left, just out of curiosity?
Mr. Mariano Cruz: Seven people.
Commissioner De Yurre: Were left?
Mr. Cruz: Stayed.
Commissioner De Yurre: Stayed?
Mr. Cruz: Stayed, right, seven people.
Vice Mayor Plummer: Wait, wait, wait.
Mr. Cruz: Ramos, Cortada, me, McKnight, Cordon, Percy and Valria Screen.
Vice Mayor Plummer: Who walked out? Wait a minute, excuse me. I was told that the
majority of those present walked out. Now, if seven out of 18, that leaves 11. OK? Who was
there at the very end? I was told there were three, three members.
S8 March 9, 1995
Mr. Cruz: Seven.
Vice Mayor Plummer: There were seven?
Mr. Cruz: Seven people.
Vice Mayor Plummer: OK, sir. So you didn't even have a majority, or a quorum.
Mr. Castaneda: That's right.
Vice Mayor Plummer: OK.
Commissioner De Yurre: So then the only thing that we have to go by is the Administration's
recommendation.
Mr. Castaneda: Right. And obviously, you're going to have a lot of public comment on that.
Vice Mayor Plummer: Oh, you're going to hear a lot of discussion.
Commissioner De Yurre: No, no, but I'm saying as far as recommendation, officially, only the
Administration this year.
Mr. Castaneda: For the public services. They did make recommendations in the other areas.
Vice Mayor Plummer: OK. Victor, are you finished?
Commissioner De Yurre: Yeah.
Mr. Castaneda: They did... I'm sorry.
Vice Mayor Plummer: The only thing, there are people here who were not here before. I want
each and every one who will be notified by mail by the Administration to understand there is no
allocation of funds today. The reason...
Mayor Clark: I'll explain it all, 3.L., in just a few minutes.
Vice Mayor Plummer: Oh, you're going to do it again?
Mayor Clark: Yes. I'll do it again.
Vice Mayor Plummer: OK, fine. All right.
Mayor Clark: Because of the problems we have with Washington, and the "Contract with
America," and this program being in a state of flux, just up in the air, many other programs...
And this is one that's going to be hit hard. We don't know how bad or how light it's going to be
hit. Maybe eight to ten percent. The Manager has been notified of that information from the
HUD Department. So this is going to be passed on first reading today, but no funds are going to
be disseminated or passed out today. You don't know what you're going to get, because we
don't know what we're going to get. If that fund... We have an allocation in of $12,300,000.
We have requests for $43,000,000, so you know that doesn't go together to start with. So we
don't know how much of that $12,000,000 is going to be left. If it's left, we're going to do the
best we can to share it equally, as we always have in the past. But on that day, it will be set that
day, after the information comes back from Washington. We're going to have a special
59 March 9, 1995
Commission meeting for this item and this item only, nothing else. No barricades, no this, no
battles back and forth, so we can concentrate on this and make sure that we give this our level
best for the position of the City and the position of the fine people that are represented here
today. So the vote today means it's first reading. We wait for the second reading, but you will
be notified, as Commissioner Plummer said. You'll all be notified by mail as to when that
second meeting is, and give you time to be down here. OK?
Vice Mayor Plummer: Now, wait a minute, Mr. Mayor. I think there's one other thing that I
would like to include. The Manager has said, each and every one of you understand, that you
will be cut at least eight percent, and most likely, it will be towards 15 percent. But be aware, as
it stands now, with the information we have, your program will be cut no less than 18, and it will
be closer to 15. So understand that now.
Commissioner Dawkins: You said 18.
Vice Mayor Plummer: I said... Eight and 15. OK.
Mayor Clark: Now, you just "opened up a Pandora's box" here. We don't know what it's going
to be cut, if it's going to be cut.
Vice Mayor Plummer: No, no, excuse me.
Mayor Clark: Don't start this. We're in the middle of a roll call. This happens all the time.
Vice Mayor Plummer: Did you not make that statement, Mr. Manager?
Mayor Clark: Yeah. Go ahead.
Vice Mayor Plummer: Eight and 15.
Mr. Emilio Lopez: J.L.
Vice Mayor Plummer: Yes.
Mr. Lopez: I would like to make a point of clari... I assisted through all these meetings.
Mayor Clark: Yes.
Mr. Lopez: If I recall, Mr. Castaneda...
Commissioner Gort: Name and address, sir. Name and address.
Mr. Lopez: Huh?
Commissioner Gort: Name and address.
Mr. Lopez: Emilio Lopez. I represent Borinquen Health Care Center in 5700 Northeast 4th
Court. If I understand this, they walken out when they came to the area of social services; not
for the rest of the allocations.
Mr. Castaneda: That's correct.
Mr. Lopez: And what I would like you to clarify is that eight percent... This young lady had a
question over here, and I think that you should clarify that again, and specify that you're talking
60 March 9, 1995
about the social service programs that are being helped is the eight percent, or it's going to
include all...
Commissioner Gort: All across is my understanding. All across.
Vice Mayor Plummer: Across.
Mr. Lopez: Well, that's for social services, right? Because actually...
Vice Mayor Plummer: All across.
Mr. Castaneda: What HUD (Housing and Urban Development) is suggesting is that the
allocation for Miami will be reduced by $866,000...
Mayor Clark: OK.
Mr. Castaneda: ... which represents that kind of money.
Mr. Odio: Or more.
Mr. Castaneda: Or more.
Vice Mayor Plummer: And I would hope that each and every one of you would take advantage
of writing a letter to your congressmen.
Mr. Lopez: OK. Can I...
Vice Mayor Plummer: You've got to scream and holler.
Commissioner Gort: Another motion that we did, Commissioner Dawkins is going to go up to
Washington, and he's going to sit down with HUD...
Mr. Lopez: Yeah, right, I heard that.
Commissioner Gort: ... to get you specifics when he comes down.
Mayor Clark: OK, Emilio.
Mr. Lopez: One other request. What I would like to request from the Community Development
people, to send a letter to all the people who apply, when the next meeting is going to be, so
they'd be present.
Mayor Clark: We're going to do that.
Mr. Lopez: Because we haven't received... No.
Mayor Clark: Up to now, you haven't, but you will this time.
Mr. Lopez: Mayor, sometimes they haven't received... Everybody has not received letters of
this meeting or other meetings. Not all the time.
Vice Mayor Plummer: Watch Channel 9.
Mayor Clark: Well, we're going to do this officially. This is the first reading of the ordinance.
Call the roll.
61 March 9, 1995
Vice Mayor Plummer: Watch Channel 9.
Mayor Clark: Yes, sir.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING FOUR (4) NEW SPECIAL REVENUE
FUNDS UNDER THE FOUR TITLES LISTED BELOW AND APPROPRIATING
FUNDS FOR THE OPERATION OF EACH OF THE FOUR (4) NEW SPECIAL
REVENUE FUNDS IN THE AMOUNTS SPECIFIED AS FOLLOWS: COMMUNITY
DEVELOPMENT BLOCK GRANT (TWENTY-FIRST YEAR) - $13,709,000; HOME
INVESTMENT PARTNERSHIP (HOME) - $4,038,000; EMERGENCY SHELTER
GRANT (ESG) - $494,000; AND HOUSING OPPORTUNITIES FOR PERSON WITH
AIDS (HOPWA) - $7,906,000; FURTHER APPROPRIATING THE SUM OF
$2,700,000 FROM TWENTIETH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM INCOME AS APPROVED BY THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR A TOTAL CDBG
APPROPRIATION OF $16,409,000; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
was introduced by Vice Mayor Plummer, seconded by Commissioner Dawkins, and was
passed on first reading, by title only, 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.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Clark: You will properly be notified by mail, and we'll give you plenty of time. We
won't get the letter one day and the meeting's the next day. We'll give you some time in
between there. As soon as we get information, we'll pass it on to you. Thank you all for
attending.
------------------------------------------------------ ---------------------------------------------------------
23. DISCUSSION CONCERNING OPERATION OF MIAMARINA.
----------------------------------------------- ----------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, we need to go back to item 12, and I move it.
Mr. Cesar Odio (City Manager): No, 11-A. I'm sorry.
Mayor Clark: Eleven -A. I missed over that.
62 March 9, 1995
Mr. Odio: Yeah. Mr. Mayor, 11-A, the reason I placed this item on the agenda is that we are in
the process of redesigning the marina that was totally destroyed, and reviewing all the City
functions and all the facilities that we have, the way the contract for Bayside reads, we can never
make money on this marina. And I would like to get a feeling from you, or a policy decision on
whether we should just try not to build a marina again in that place, or if we do, if you do think
we should have a marina in that place, that we go out with an RFP (Request for Proposals), and
have somebody from the private sector come in and build it, and run it.
Mayor Clark: Let me ask you this. Do we have the money?
Vice Mayor Plummer: No.
Mr. Odio: We have monies set aside, which I'd rather not spend.
Vice Mayor Plummer: No. Excuse me. Mr. Mayor, let me answer it a different way. We have
an allocation to borrow the money. We do not have the money.
Mr. Odio: We have a million...
Vice Mayor Plummer: We have five million...
Mr. Odio: ... seven hundred thousand dollars from FEMA (Federal Emergency Management
Agency).
Vice Mayor Plummer: That's FEMA money.
Mr. Odio: Plus we had already an approval to borrow the balance.
Mayor Clark: What is your suggestion?
Mr. Odio: I... First, if we didn't have to have a marina, I would prefer not to have one. And if
we have to have one because of the contract with the Rouse Company, and that's something the
Law Department is reviewing at this time, that we just put out an RFP, and have somebody from
the private sector, maybe even the Rouse Company, to put some docks in there.
Mayor Clark: Come back to us with that, then.
Mr. Odio: Well, I need...
Mayor Clark: What do you want?
Mr. Odio: ... a policy decision, whether if you want... All I can do is...
Commissioner Dawkins: OK. The policy decision, Mr. Manager, is go and come back with that
which you think we ought to do.
Mr. Odio: OK.
Mayor Clark: All right?
Mr. Odio: That's fine. That's fine.
Commissioner Dawkins: Isn't that right? Is that correct, J.L.?
63 March 9, 1995
':LO..
e
Mayor Clark: That's it, that's it.
Vice Mayor Plummer: Fine with me. It's just the idea we can't afford it.
Commissioner Dawkins: No, we can't. Well, we can tell him we can't afford it after he gets
back.
Mr. Odio: But I'd like to put on the record, and that I would recommend that the City of Miami
does not invest in a marina in that location.
0
Vice Mayor Plummer: All right. Now...
Commissioner Dawkins: You have our blessings not to invest a penny till you get back to us,
and we will tell you. Is that right, J.L.?
Vice Mayor Plummer: All right. Now, excuse me. Mr. Manager...
Commissioner Dawkins: J.L.?
Mayor Clark: Yeah, that's it.
Vice Mayor Plummer: Yeah, that's fine. Mr. Manager, I need to know from you, because the
City is there holding that $5,000,000 (five million dollars) in allocation with the Florida League.
If you're not going to use it, the next meeting is going to be the last meeting. So...
Mr. Odio: No. We were going to... We had to do...
Vice Mayor Plummer: All I'm saying is, I got $5,000,000 (five million dollars) sitting aside,
aside from the $17,000,000 (seventeen million dollars) that I've got set aside.
Mayor Clark: That's a low interest?
Vice Mayor Plummer: Three percent.
Mr. Odio: We're going to use that, but for the Melreese Golf Course.
Vice Mayor Plummer: All right. I'm just... Let me know so that we can get it out for you.
Commissioner Dawkins: What?
Mayor Clark: Oh, no, that's been... That's a long time ago we got that...
Commissioner Dawkins: Say what, now? We're going to use $5,000,000 (five million dollars)
for the golf course.
Mr. Odio: Can I... No, no, not five.
Mayor Clark: No, $3,000,000 (three million dollars).
Commissioner Dawkins: We're going to bring it up to par finally. Finally.
Mr. Odio: We had some monies... It's complicated. Let me see if I can...
Commissioner Dawkins: No, no, no. Finally, we're going to do something in Melreese Golf
Course. Is that what you're telling me?
64 March 9, 1995
Mr. Odio: Yes, sir. We had some monies for Mel...
Commissioner Dawkins: Thank you, thank you, thank you.
Mr. Odio: OK.
Commissioner Dawkins: That's all I need to know.
Mr. Odio: I'll bring you a plan on what we can spend that money in.
Mayor Clark: All right.
Commissioner De Yurre: Mr. Mayor, I'd like to know, are we obligated to spend the FEMA
money at the... to rebuild?
Mr. Odio: Yes... Well, we don't have to take the money from FEMA, but what we could do is...
Commissioner De Yurre: Well, if you're going to say that we're going to put this out for a
private company or entity to come and build it and run it, do we put in the 1.7 as part of the
City's contribution toward that?
Mr. Odio: Let me... No, we cannot contribute. I think we have to do an arrangement that when
we build something with a million -seven, and then get a management contract for that.
Commissioner Gort: Where are we?
Vice Mayor Plummer: We're on 11-A, the Miamarina. We're talking what to do. And the
Manager has recommended that we definitely only go to a scenario in which somebody would
come in and build it at their own expense.
Commissioner De Yurre: Well, then, but I'm saying we would put in the 1.7 toward rebuilding
it, or building it anew.
Mr. Odio: Yeah. But I will go this far. I feel strong about this, that we should not have a
marina there, and if we have to run it, that I would rather not even accept the money from
FEMA.
Commissioner De Yurre: Well, I've heard people that have expressed interest in running a
marina there.
Mr. Odio: Right.
Commissioner De Yurre: So...
Mr. Odio: There are two... There are various ways. We could build part with a million -seven,
and then turn it over to the private sector. We have to find a way of accepting the FEMA
monies, and the only way is that we build it.
Frank Rollason (Fire Deputy Chien: We build it.
Mr. Odio: That we build it.
Mayor Clark: All right.
65 March 9, 1995
0
Commissioner De Yurre: Well, if we build, can we... Do we have to build with our money?
Mr. Odio: We can build with 1.7...
Commissioner De Yurre: Or can somebody win the award, the bid, and we say we put in...
We're building it, we're putting 1.7. If it cost $3,000,000 (three million dollars), you got to
come in with 1.3 and give it to the City?
Chief Rollason: No. How it works with the money from FEMA is that the project is ours. We
do the bidding through our process, not through a private vendor or somebody that has a
contract, and we can, once we complete the project, we can turn it over to somebody. But if we
turn it over to somebody to run or to develop their own facility...
Mayor Clark: Hold it, hold it, hold it, Chief. Close those doors, will you?
Mr. Odio: Close that door, please.
Mayor Clark: Any meetings taking place outside this Commission room will be taking place
outside the building, not in the halls or not in the Commission chambers. Close that door.
Chief Rollason: If we have a private vendor build a facility on their own, the City cannot
forward that FEMA money on to them for them to use to develop it.
Commissioner De Yurre: But can we do the following? We build it, and let's say it cost
$3,000,000 (three million dollars). We put in the 1.7 from FEMA, and whoever would get the
award, say you have to kick in 1.3 and give us the money, because we're going to build it.
Chief Rollason: Yes, we could do that.
Commissioner De Yurre: So we can do it that way.
Mr. Odio: That's what I mean. There may be a way but...
Vice Mayor Plummer: Well, wait a minute. Question. What about a waterfront lease on the
"Carollo Amendment"?
Commissioner De Yurre: Well, isn't this a management contract?
Mayor Clark: That's all been leased already. That's occupied, J.L. I don't think that would
even qualify.
Vice Mayor Plummer: Well, I'm just asking, Mr. Mayor.
Mr. Odio: This is a marina. I don't know if that qualifies.
Vice Mayor Plummer: I mean, you're entering in, I'm assuming, into a lease, and as such, how
do you do it...
Mr. Odio: Well, that's the point. And if we don't get three bids, we just don't have a marina
there.
Vice Mayor Plummer: OK. Then, I mean, but that would be understood.
66 March 9, 1995
Chief Rollason: You know, if we entered into a lease, if we put forward the FEMA money and
built the project, they, in the lease, put forward the other money to complete the project, you may
be able to do something of that sort.
Vice Mayor Plummer: But, Chief, it's still a lease, and under the...
Commissioner De Yurre: No, but I'm saying, aren't we talking about a management contract?
Vice Mayor Plummer: No.
Mayor Clark: It may be a management contract.
Commissioner De Yurre: OK. Well, we'll work it out.
Vice Mayor Plummer: Management contract is if we built it ourselves, in total.
A. Quinn Jones, III, Esq. (City Attorney): The requirements would still be the same.
Mr. Odio: I just wanted to know whether we wanted... from you, if we wanted a marina there for
us to run it, and if you don't, then I'll...
Vice Mayor Plummer: The problem is we have never made any money.
Commissioner De Yurre: Well, if it's not going to cost us money, and somebody will run it, and
it will generate money for the City, why not?
Mayor Clark: All right.
Vice Mayor Plummer: Well, just keep in the back of your mind guys that there is a portion of
that marina that is still owned by the State of Florida, and you have to negotiate with the cabinet,
as I did before, for that parcel of land, because they can stop you, and they will stop you if you
don't go to the cabinet first.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
24. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF A UNITEL 850 DIGITAL SPREAD SPECTRUM UNITIZED
INTELLIGENCE SYSTEM FROM AUDIO INTELLIGENCE DEVICES, INC.
FOR POLICE DEPARTMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. What item are we on, Mr. Manager?
Vice Mayor Plummer: We're now up to 12, and I move it, Mr. Mayor.
Mayor Clark: Moved by Mr.... Is there a second?
Commissioner Gort: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
67 March 9, 1995
,;qV �
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO, 95-180
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING
THE ACQUISITION OF A UNITEL 850 DIGITAL SPREAD SPECTRUM UNITIZED
INTELLIGENCE SYSTEM FROM AUDIO INTELLIGENCE DEVICES, INC., THE
SOLE SOURCE PROVIDER FOR THIS EQUIPMENT, AT A PROPOSED COST OF
$8,495.00, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS
THEREFOR FROM THE I-iAITIAN NARCOTICS GRANT, ACCOUNT CODE. NO.
290463-840, PROJECT NO. 110060; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SYSTEM.
(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: Thirteen.
Vice Mayor Plummer: Thirteen and 14 have been approved.
----------------------------------------------------------------------------------------------------------------
25. GRANT REQUEST BY REPRESENTATIVE OF JEFATURA MILITAR
CONJUNTA (BRIGADA 2506) FOR CONTINUED USE OF OFFICE SPACE
AT MANUEL ARTIME COMMUNITY CENTER (ON A MONTH -TO -
MONTH BASIS) -- DIRECT ADMINISTRATION TO NOTIFY TENANTS
THAT RENTAL TERMS ARE SUBJECT TO CHANGE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: We're now up to 15. Mr. Gort, your item 15.
Mayor Clark: Item 15. Personal appearance of...
Mr. Cesar Odio (City Manager): What... Is he asking for... I guess he's asking for free rent.
68 March 9, 1995
Commissioner Gort: My understanding, before coming here, this used to be taking place every
year without coming before the Commission.
Mr. Odic: Yes, sir. That's why...
Commissioner Gort: This is a...
Mr. Odio: ... I'm going to bring back to you a proposal that we turn this building over to a
private organization or a State organization of some kind. We have a deficit in that facility of
$700,000. However, I recommend you do this now.
Commissioner Gort: But let's make sure that we let the people know that this might change
within the next three or four months. OK?
Mr. Odio: Yes.
Vice Mayor Plummer: Well, what I would suggest you do, to be on the safe side, is do it on a
month -to -month basis.
Mr. Odio: You can do it... They... We don't have contracts with them. Just do one the one
year, and by... If we can get somebody to run that building by October 1st...
Vice Mayor Plummer: I would feel more comfortable with a 30-day renewal.
Mr. Odio: Because then I have to come back every month with this thing.
Vice Mayor Plummer: No. You can renew it.
Mr. Odio: OK.
Mayor Clark: OK. Move on this, Willy.
Commissioner Gort: Move it.
Vice Mayor Plummer: Second.
Mayor Clark: Cast a unanimous ballot.
69 March 9, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-181
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
TO JEFATURA MILITAR CONJUNTA, BRIGADE 2506, INC., FOR USE OF SPACE
AT THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900
SOUTHWEST 1ST STREET, ROOM 206, MIAMI, FLORIDA, SAID REVOCABLE
PERMIT TO BE: (1) FOR AN INITIAL ONE-YEAR PERIOD, WHICH TERM MAY
BE EXTENDED FOR ADDITIONAL ONE YEAR PERIODS UPON APPROVAL OF
THE CITY MANAGER OR HIS DESIGNEE; (2) AT A FEE OF $1.00 ANNUALLY;
AND (3) IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED
IN SAID REVOCABLE PERMIT.
(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.
----------------------------------------------------------------------------------------------------------------
26. GRANT REQUEST BY NATIONAL JOURNALIST ASSOCIATION OF CUBA
IN EXILE, INC. FOR CONTINUED USE OF OFFICE SPACE AT MANUEL
ARTIME COMMUNITY CENTER (ON A MONTH -TO -MONTH BASIS) --
DIRECT ADMINISTRATION TO NOTIFY TENANTS THAT RENTAL
TERMS ARE SUBJECT TO CHANGE.
----------------------------------------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): And 16 is the same, I guess.
Commissioner Gort: Sixteen is the same. The people that have been there...
Vice Mayor Plummer: Under the same terms and conditions.
Commissioner Gort: Yes. They've been there for how many years? Ten years, something like
that.
Mr. Odio: Yeah. But that's the problem with that building. We have a deficit of $700,000.
Commissioner Gort: Right.
70 March 9, 1995
Vice Mayor Plummer: That's right.
Mayor Clark: Cast a unanimous ballot on 16, Madam Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-182
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
TO NATIONAL JOURNALISTS ASSOCIATION OF CUBA IN EXILE, INC., FOR
USE OF SPACE AT THE MANUEL ARTIME COMMUNITY CENTER LOCATED
AT 900 SOUTHWEST 1ST STREET, ROOM 200, MIAMI, FLORIDA, SAID
REVOCABLE PERMIT TO: (1) BE FOR AN INITIAL ONE YEAR PERIOD
COMMENCING OCTOBER 1, 1994, WHICH TERM MAY BE EXTENDED FOR
ADDITIONAL ONE YEAR PERIOD, UPON APPROVAL OF THE CITY MANAGER
OR HIS DESIGNEE; (2) REQUIRE A FEE OF $1.00 ANNUALLY; AND (3) BE IN
ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID
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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
71 March 9, 1995
------------------------------------------------- •• --------------------------------------------------------------
27. GRANT REQUEST BY D.E. GIDI AND ASSOCIATES, CORP. FOR
ADDITIONAL FUNDING OF $16,403 TO COVER PRICE INCREASES IN
CONNECTION WITH CURTIS PARK REDEVELOPMENT RESTROOM
BUILDING PROJECT 2-B-2983.
Mayor Clark: Item 17. Seventeen.
Mr. Domingo Gidi: Yes. Mr. Mayor, Vice Mayor and Commissioners. You know, I'm here...
My name is Domingo Gidi. We own a small minority construction company, and we did a job
for the City Department of Public Works. And we requested an extra funding to compensate in
part some increases in prices of supplies to the subcontractors.
Mayor Clark: How much increase?
Mr. Gidi: Sixteen thousand dollars was the petition.
Mayor Clark: What's this for? For restrooms or what, Cesar?
Mr. Gidi: No, it was a restroom, bathroom number two.
Mayor Clark: Mr. Lee.
Mr. Wally Lee (Assistant City Manager): Yes. Mr. Mayor and Commissioners, this contract
was awarded to Mr. Gidi's firm just prior to the hurricane. After the hurricane, he was faced
with increases from all of his subs. Therefore, he came to us and requested an increase in his
contract, but I have no authority under the Code to approve.
Commissioner De Yurre: What's your recommendation?
Commissioner Dawkins: Hold it. Mr. Mayor, we had the same situation on the St. Hugh
property, where the hurricane, Commissioner, caused an upgrade in the price of construction.
Mayor Clark: Right.
Commissioner Dawkins: It's the same thing here, so what's our problem, Mr. Mayor?
Mayor Clark: Move it, move it. How much is it, $16,000 (sixteen thousand dollars)?
Mr. Gidi: Yes, yes, sir.
Mr. Lee: Sixteen thousand, one hundred and four dollars.
Vice Mayor Plummer: Why don't we cut it in half?
Mayor Clark: No, come on, now. It's not a...
Commissioner De Yurre: I move the...
Mayor Clark: It's not a cremation, don't forget.
72 March 9, 1995
A. Quinn Jones, I11, Esq. (City Attorney): Well, there... I think the first thing you look at...
Vice Mayor Plummer: Could be.
Mr. Jones: Excuse me. With all due respect, I think you've got to look and see whether the
original contract even contemplated, even, any amendments, as far as price is concerned,
because if you haven't, then you don't have any basis for giving the money, awarding any
further funds.
Mr. Lee: That's...
Commissioner Dawkins: OK. Well, how do we...
Mayor Clark: Please.
Commissioner Dawkins: I'm sorry, Mr. Mayor.
Mayor Clark: How much was the original contract?
Mr. Lee: The original contract was $76,800 (seventy-six thousand eight hundred dollars).
Mayor Clark: And what is this extra four?
Mr. Lee: This extra four is for various items. I'll read them off for you. Increases in the
electrical, and the lighting fixtures, plumbing, water coolers, toilet accessories, exhaust fans,
toilet partitions, and on, and on, sir. Basically, all the...
Mayor Clark: They were not part of the contract to start with.
Mr. Lee: Sir, they were part of the contract, but his subcontractors raised the price to him after
the hurricane. His actual prices that he used at bid time were increased by the subs.
Vice Mayor Plummer: How do you defend the credibility of the bidding procedure when you
say, "OK, forget it"?
Commissioner De Yurre: All you got to do is make an exception for hurricanes.
Mayor Clark: This could happen and it... A lot of people tried to gouge people after that
hurricane. You know how many people went south with a bad record?
Vice Mayor Plummer: A lot.
Commissioner Gort: Mr. Mayor.
Vice Mayor Plummer: Not enough.
Mayor Clark: Now, this poor man can't get cut with all of that, $16,000. Is there a motion to
pay him the 16?
Commissioner De Yurre: I would move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
73 March -9, 1995
1
Mayor Clark: Any discussion? Call the roll.
Commissioner Dawkins: What's the motion?
Vice Mayor Plummer: To pay him the $16,000.
Mr. Gidi: Thank you.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption: '
RESOLUTION NO. 95-183
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT BETWEEN
THE CITY OF MIAMI AND D.E. GIDI & ASSOC., CORP. IN AN AMOUNT NOT TO
EXCEED $16,104.00, THEREBY INCREASING SAID CONTRACT FROM $76,800
TO $92,904, FOR CURTIS PARK REDEVELOPMENT-RESTROOM BUILDING NO.
2, B-2983 J; ALLOCATING FUNDS THEREFOR FROM FY 1991-92 CAPITAL
IMPROVEMENT PROJECT NO. 331353, AS APPROPRIATED BY CAPITAL
IMPROVEMENT ORDINANCE NO. 10938.
(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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: My understanding, a lot of the contracts that I've seen in the past, in
performance, there's always a clause that says "except with an act of God," and I think the
hurricane, unfortunately, damaged a lot of those projects. For that reason, I vote yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Clark: Thank you. Thank you, sir. It's been approved.
74 March 9, 1995
----------------------------------------------------------------------------------------------------------------
28. GRANT REQUEST BY REPRESENTATIVE OF THE COCONUT GROVE
BED RACE FOR NEUROMUSCULAR DISEASES FOR A ONE -DAY
PERMIT TO SELL BEER IN THE EVENT AREA (MAY 21, 1995).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 18.
Mr. Cesar Odio (City Manager): Mr. Mayor, I recommend against the request of selling liquor.
This event has been very successful without the sale of liquor. This is the first year they're
coming to ask for this, and I don't see why we should do this.
Mayor Clark: Are you making this request, ladies?
Ms. Patty Regenbogen: Yes, we are.
Mayor Clark: Give us your name.
Ms. Regenbogen: My name is Patty Regenbogen.
Mayor Clark: Pull the mike down.
Ms. Regenbogen: My name is Patty Regenbogen.
Ms. Denise Bernhard: And I'm Denise Bernhard.
Ms. Regenbogen: We're here from the Muscular Dystrophy Association, and we are asking
that... We are requesting that during the Coconut Grove Bed Race for Neuromuscular Diseases,
that you authorize a one -day permit for the sale of alcoholic beverages in the event area on May
21, 1995.
Vice Mayor Plummer: Mr. Mayor, we're in receipt of the Village Council letter asking that that
not be approved, based on some history - I don't know what it was - of the past, where there
were some incidences that were not pleasant.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Plummer: Yeah. Well, very definitely, no liquor sales. I would never vote... I
mean, if they want to have beer, I would consider it, but liquor...
Mayor Clark: They want wine and beer.
Ms. Regenbogen: Excuse me. Mayor Clark, we have had alcoholic beverages for sale on the
street at least the last four years running, and we have not had any police report, any disturbances
associated with the alcoholic beverage use. It is a pretty well disciplined area. We have people
inside the bars that are familiar with when to cut someone off, when not to continue issue, we
I.D. We follow all the processes necessary to make it safe. Like I said, we don't have any police
explaining to us that we've had incidences associated with the alcoholic beverages. And as I
said, it is something that we have done in the past. And fortunately, for us, that particular area
brings us a lot of extra revenue for that particular charity, through sponsorships from the
companies and the like.
75 March 9, 1995
Vice Mayor Plummer: Yeah, but that's what the merchants are down there wanting to do.
Mayor Clark: Can't they go back in the bars around there and buy a drink, anyway?
Vice Mayor Plummer: That's the problem.
Ms. Regenbogen: Yes, sir, they can. Right up the street at Cocowalk, and a few of the other
bars in the area. They can purchase alcoholic beverages anywhere, and we would just prefer to
see them make that sale and benefit people with neuromuscular diseases.
Vice Mayor Plummer: Yeah, but you know, that's why the merchants of Coconut Grove want
the festivals. They serve alcoholic beverages, and they serve food, and they serve all of that, and
that's what they depend upon, because when you have your festival, people can't get otherwise.
Mr. Mayor, I would move for beer only. Other than that, I cannot vote for it.
Ms. Regenbogen: Excuse me.
Commissioner De Yurre: All right. Is there a second? Is there a second? Second.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-184
A RESOLUTION RELATED TO THE COCONUT GROVE BED RACE TO BE
CONDUCTED MAY 19, 1995 BY THE MUSCULAR DYSTROPHY ASSOCIATION;
AUTHORIZING THE ISSUANCE OF A ONE -DAY PERMIT FOR THE SALE OF
BEER AND WINE DURING SAID EVENT IN THE AREA OF McFARLANE ROAD,
FROM GRAND AVENUE TO SOUTH BAYSHORE DROVE, AND SOUTH
BAYSHORE DRIVE FROM McFARLANE ROAD TO SOUTHWEST TWENTY-
SEVENTH AVENUE IN COCONUT GROVE, MIAMI, FLORIDA; SUBJECT TOT
HE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; CONDITIONING ALL
APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF 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.)
76 March 9, 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
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: Agenda item 19 was withdrawn.
29. GRANT REQUEST BY REPRESENTATIVES OF PATRIARCH, INC. FOR A
PERMIT TO DISTRIBUTE DRUG ABUSE AND AIDS PREVENTION
LITERATURE IN THE CITY OF MIAMI.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 20.
Vice Mayor Plummer: Nineteen is withdrawn?
Mayor Clark: That's what it says.
Vice Mayor Plummer: Oh. OK.
Mayor Clark: Twenty.
Mr. Michael Perez: Good morning.
Commissioner Dawkins: Morning, sir.
Mr. Perez: My name is Michael Perez. I'm with the Patriarch.
Mr. Antonio Laurence: My name is Antonio Laurence.
Vice Mayor Plummer: Has this been before the Manager?
Mayor Clark: Have you been to the Manager's office with this item?
Mr. Wally Lee (Assistant City Manager): Yes. Mr. Mayor and Commissioners, they sent us a
letter requesting a permit to distribute drug abuse and AIDS (Acquired Immune Deficiency
Syndrome) prevention literature within the City. And under 54-8 of the Code, they have to come
to the Commission for permission.
77 March 9, 19.95
Vice Mayor Plummer: Are they going to raise money doing this?
Mr. Laurence: No, sir.
Mr. Perez: No, that's not our primary...
Vice Mayor Plummer: Do you ask for donations when you pass something out?
Mr. Perez: No. That's not our primary objective.
Vice Mayor Plummer: I didn't say "primary." When you give a piece of literature, do you ask
people for a donation?
Mr. Perez: No, that's not, no.
Vice Mayor Plummer: Huh?
Mr. Perez: No.
Mr. Laurence: No, sir.
Vice Mayor Plummer: No way you solicit money?
Mr. Cesar Odio (City Manager): I would recommend that we...
Vice Mayor Plummer: Well, wait a minute. I want an answer on the record, Mr. Manager. In
no way, shape or form do you solicit money?
Mayor Clark: They've said that, no.
Mr. Perez: Well, obviously, I mean, if we're able to get a donation, it's, you know, I mean,
we're going to be doing that. But I mean, that's not our primary objective.
Vice Mayor Plummer: Sir, again, you...
Commissioner Gort: Excuse me, Mr. Mayor. We need name and address.
Vice Mayor Plummer: We had it.
Mayor Clark: Did you give your name and address?
Mr. Laurence: Northwest 28th Street.
Mr. Perez: It's Michael Perez, 1725 Northwest 28th Street.
Vice Mayor Plummer: OK. If, in fact, you are solicitation for funds, I would be opposed. If just
to pass out materials, who can be opposed to drug abuse and AIDS material being furnished to
the public? But if it's being done for a profit, or for solicitation, then I'm not going to sit here
and approve it. Now, it's just that simple.
Mayor Clark: Well, let's get to the root of it.
Vice Mayor Plummer: I'm asking again, is there any solicitation of monies?
78 March 9, 1995
Mr. Perez: No, we won't be doing that.
Vice Mayor Plummer: All right, sir. How long has Patriarch, Incorporated, been in existence?
Mr. Perez: In America, since '86.
Vice Mayor Plummer: No, sir, since in Miami. How long have you been here? I assume you're
chartered in the State of Florida?
Mr. Perez: Excuse me?
Vice Mayor Plummer: Are you chartered in the State of Florida?
Mr. Perez: Yes, we are.
Vice Mayor Plummer: Are you a 501-C?
Mr. Perez: Yes, we are.
Vice Mayor Plummer: OK. Thank you. And you have a local office?
Mr. Perez: That's right.
Vice Mayor Plummer: OK.
Mr. Odio: I'm just glad they are here asking for permits. People do this all the time without
even coming here.
Vice Mayor Plummer: Well, I'm happy also. OK.
Mayor Clark: Now you have passed the legal opinion of the Supreme Court, Plummer's court.
Vice Mayor Plummer: That's it.
Mayor Clark: Now, let's get back to the motion.
Vice Mayor Plummer: Don't ever forget it.
Commissioner Gort: Move it.
Vice Mayor Plummer: Second.
Commissioner Dawkins: Under discussion.
Mayor Clark: Yes, sir.
Commissioner Dawkins: I'm voting with the motion, but Mr. Manager, I, for one, would hope
that... I, for one, don't understand, what's the prohibition from passing out literature, when I see
people passing it out in the streets...
Mr. Odio: That's what I mean.
Commissioner Dawkins: ... putting it in automobiles, giving it out everywhere. I do not
understand the necessity of coming to this Commission to get the blessing to pass out a piece of
literature.
79 March 9, 1995
0
Mayor Clark: That's right.
Mr. Odio: Because they were nice enough to come in and ask for a permit. Most people don't.
Vice Mayor Plummer: Well, I think it goes a little further, Mr. Dawkins, because the Hare
Krishnas, if that's the pronunciation, they solicit, but they do it under the pretense of a higher
authority. OK? These people don't come under that higher authority, and for them to go out, in
my concern, solicitation, well, they do it all the time, don't make it right. OK?
Commissioner Dawkins: But they said they aren't going to solicit.
Mayor Clark: Check with Ron Williams. He'll get it done for you. Right, Ron?
Vice Mayor Plummer: Don't make... Mr. Manager, I also want to ask a little later, the...
Mayor Clark: Call the roll. Cast a unanimous ballot. Thank you, gentlemen.
The following motion was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-185
A RESOLUTION GRANTING REPRESENTATIVES OF PATRIARCH, INC.
PERMISSION TO DISTRIBUTE DRUG ABUSE AND AIDS (ACQUIRED IMMUNE
DEFICIENCY SYNDROME) PREVENTION LITERATURE IN THE CITY OF
MIAMI, SAID PERMISSION CONTINGENT UPON (1) THAT THERE SHALL BE
NO SOLICITATIONS FOR MONEY; AND (2) PATRIARCH, INC. OBTAIN ALL
REQUIRED PERMIT(S).
(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.
80 March 9, 1995
Vice Mayor Plummer: In front of Cocowalk, who is selling T-shirts out of Rubbermaid
containers? Why?
Mayor Clark: God, where do you get the time to find all of this?
Commissioner Dawkins: Go ahead.
Vice Mayor Plummer: I want to know.
Mr. Perez: Thank you very much.
Mr. Odio: We need to get more bodies into the funeral home.
Vice Mayor Plummer: No, no, no. Why?
Mr. Lee: Why, Commissioner? Because...
Vice Mayor Plummer: Send me a memo.
Mr. Lee: Yes, sir. I will.
Vice Mayor Plummer: Here we go to extremes to get carts in Coconut Grove, and they're
selling out Rubbermaid containers.
Mayor Clark: All right. Item number 22, sale of caskets on the sidewalk.
Vice Mayor Plummer: Good. Good. I... 21 or 22? Selling caskets on the sidewalk.
----------------------------------------------------------------------------------------------------------------
30. REFER TO CITY MANAGER REQUEST BY MANAGEMENT CORP. FOR
USAGE OF OUTER GROUNDS AND/OR PARKING LOTS OF THE
ORANGE BOWL FOR THE CREATION OF AN OUTDOOR BAZAAR --
REQUEST MANAGER TO COME BACK WITH A PLAN FOR
ENHANCEMENT OF THE AREA.
----------------------------------------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): This is establishing a fund to receive grants on the recycling
program.
Vice Mayor Plummer: No. What about 21?
Mayor Clark: Twenty-one, yeah.
Vice Mayor Plummer: Who's here on 21? Nobody's here on 21?
Mayor Clark: Yeah, Albo.
Vice Mayor Plummer: I'll defer it to the next meeting.
Commissioner Dawkins: No, here he is.
Vice Mayor Plummer: Oh, they're here. All right. Twenty-one.
81 March 9, 1995
Mr. Odio: Mr. Mayor, before you listen to this item, we have at the moment, in the drawing
stages, with architects, to get a campus like atmosphere in those parking lots. We also are, as
Commissioner Dawkins passed this resolution this morning, dealing with the CF, Canadian
Football League. On behalf of the Orange Bowl, the University of Miami, and the
Administration, we encourage you to just tell them to go away, that we cannot have this in the
Orange Bowl.
Vice Mayor Plummer: I would be opposed to that, Mr. Manager. Let me tell you why. I would
be opposed to them having this there on any weekend that we have any activity, and they would
be so instructed, at least whatever days in advance.
Mr. Odio: No, no. I oppose it at any...
Mayor Clark: Listen, 3.L., just a moment. Don't... You're not running this meeting. I'm
running this meeting. I'm going to tell you, you give your opinion here every day, and you think
that everybody is going to fall in line.
Vice Mayor Plummer: No, sir.
Mayor Clark: The Manager says that he totally opposes it. Now, if you oppose it, fine. If you
let them in...
Vice Mayor Plummer: Can I tell you why?
Mayor Clark: Yeah. If you let them in one time, you can't kick them out later on.
Vice Mayor Plummer: OK.
Mayor Clark: Go ahead, now, proceed with that.
Vice Mayor Plummer: When I spoke with the people - and I don't know if this is the group I
spoke with or not - it was the potential, Mr. Mayor, of $100,000 revenue a year.
Mr. Odio: It's not worth it, Commissioner.
Vice Mayor Plummer: The Manager is crying that we have to cut, cut, cut. A hundred thousand
dollars in the coffers of this City is two policemen. That's all I got to say.
Commissioner De Yurre: What is your argument, again, against this?
Mr. Odio: This is a flea market. It's going to be... They're going to destroy the gardens that
we're going to create there, Commissioner.
Commissioner De Yurre: The gardens?
Mr. Odio: We're going... We are creating a campus like atmosphere, gardens around the
Orange Bowl, and also, we have a baseball field in there on the other side. So we want to
encourage the use of this park. A flea market...
Commissioner De Yurre: No. But we're talking about... I'm looking at Lot 2 and 3 on the
north.
Mr. Odio: I know which lot you're looking at. That... We plan to put a fence around the whole
Orange Bowl area- -it's in the drawings right now - and close that street in between Northwest
82 March 9, 1995
15th Avenue, and create, I hope, a beautiful park around the Orange Bowl, to encourage people
to come in, and walk around, and so forth.
Commissioner De Yurre: Where is the money going to come from for that?
Mr. Odio: We have to find... And the Orange Bowl renovations, we are working on right now.
I have to find out first how much it costs.
Mayor Clark: Comes out of that every year, a million and -a -half every year. That's what we
get, a million and -a -half every year on the bed tax.
Vice Mayor Plummer: Oh, forget it. A hundred thousand dollars is nothing. Don't worry about
it.
Mr. Odio: Sometimes $100,000 can be destructive, Commissioner.
Vice Mayor Plummer: Yeah, I hear you.
Commissioner Gort: Mr. Mayor, why don't we hear from the individuals?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: What's this?
Mayor Clark: Is this a free... Give us your name and address, please.
Mr. Moises Eshrenazi: My name is Mr. Moises Eshrenazi. I'm representing the Management
Corp., and we have a suggestion before the Board to allow us to run a bazaar, an outdoor bazaar
on weekends. Of course, when there are any events at the Orange Bowl that cannot
accommodate the bazaar, we would gladly stop the date or the dates that we won't be able to run
the bazaar.
Mayor Clark: All right, sir.
Mr. Eshrenazi: The area of the Orange Bowl that we're talking about is the area that is shown on
the map, which is the outer grounds of the Orange Bowl, facing 7th Street. So what I would like
the Commission... What we're requesting is the permission of the Commission to create kind of
an outdoor bazaar. Of course, it will be beneficiary for the City, because it will bring revenues
badly needed to the City. And, of course, we will have all kinds of permits and necessary things
to cover our exposure at the weekends.
Mayor Clark: All right. Mr. Gort, do you have any comments on this?
Commissioner Gort: My question is... My understanding is you have met with different staff,
and there's a commitment, "X" amount, a minimum amount of money that can be made by the
Orange Bowl.
Mr. Eshrenazi: Yes. We are proposing 20 percent gross sales of the amounts collected from the
vendors, or a minimum of between $1,200 (twelve hundred) to $1,500 (fifteen hundred) a day,
which will bring $3,000 (three thousand) every weekend, and that's what we're currently
proposing.
Mayor Clark: Mr. Cruz.
83 March 9, 1995
Mr. Max Cruz: Mr. Mayor and Commission, Max Cruz from the Orange Bowl Stadium. The 20
percent of gross that he is contemplating, we have to also consider that the Orange Bowl has
somewhere around 28 major events on weekends every year, and so he made the figures based
on the 52 weekends a year. So as we get major events at the Orange Bowl, the amount of money
that will be coming in will be - from the flea market - will be less and less. So, you know, it's
very difficult to sit down and say, well, you're going to be making $100,000 or $150,000,
because first, we do not know how many booths he is going to sell, and how long would it take
him to sell the booth.
Vice Mayor Plummer: We get 20 percent.
Mr. Cruz: We have not sat down and found out an estimation of exactly what he's going to
make, because he first needed permission from the Commission to have the flea market, and
second, he needed a zoning ordinance or a zoning change on the Orange Bowl. So I... We told
him that until we get all that accomplished, there was no need to discuss a contract, unless he got
the zoning requirements done, permission from the neighborhood, and also, the City
Commission's blessing, as far as what he wants to do there. And then, you know, that would be
the Administration. The Manager would have to...
Commissioner Gort: Let me ask you a question, then. What you're saying is, his figures were
concerning 52 weekends. How many...
Vice Mayor Plummer: No.
Commissioner Gort: How many weekends, realistically, do you think there will be able to be for
use? Because this is a good point. If it doesn't make sense for you, it doesn't make sense for
anyone.
Mr. Odio: It would be 14 weekends that he may have. Maybe.
Commissioner Gort: It's not worth it.
Mr. Cruz: Right. We have the possibility of the CF, the Canadian, the Canadian franchise
coming in. That would take away about 14 weekends. Then we have the University of Miami,
with six or seven, sometimes seven weekends, and other universities that play from time... you
know, almost an additional game every year. We have the tractor pull. We have other long-term
contracts, such as Carnaval Night, and we have the Orange Bowl Classic.
Commissioner Gort: In other words, you're saying maybe he might be able to use ten to 14
weekends.
Vice Mayor Plummer: Well, can I ask... Mathematically, you said that it's used 28 weekends,
and I thought there were 52 weekends.
Mr. Cruz: No.
Mayor Clark: Well, he said you use 28 out of 52.
Vice Mayor Plummer: OK. So that leaves, then 34.
Mr. Cruz: We added 12 more, Commissioner.
Vice Mayor Plummer: Excuse me?
84 March 9, 1995
Mr. Cruz: We will be adding 12 more.
Mayor Clark: That's 40.
Commissioner De Yurre: For what?
Vice Mayor Plummer: Well, that was the reason I said what I did, about 30 days notice in
advance.
Mayor Clark: In addition to that, I think Ms. Dougherty puts out a... This would have to go out
with an RFP (Request for Proposals). It's got to be a competitive bid. Now, you ,just can't get a
contract with one person.
Commissioner De Yurre: Well, then, Mr. Mayor, that wouldn't be the first time, because we've
got some activity right now at Bayfront Park that didn't go out to bids, that they have every
weekend out there.
Mayor Clark: Well, what kind of activity is it?
Commissioner De Yurre: Same kind of situation.
Vice Mayor Plummer: No, that's...
Mr. Cruz: That's no longer there.
Vice Mayor Plummer: No, no, no.
Commissioner De Yurre: Huh?
Vice Mayor Plummer: Victor, unfortunately, that folded.
Commissioner De Yurre: But that was without a bid.
Vice Mayor Plummer: It went out without a bid by virtue of the Trust, not by the Commission.
Commissioner Gort: Let me tell you what I think we should do. Let us defer this item. Let the
Manager come up with his plans for the enhancement of the area, and if this affects the future of
the Orange Bowl and the enhancement, I think we have to take into consideration...
Vice Mayor Plummer: Of course.
Commissioner Gort: ... if it's worth our while, and for him is worthwhile.
Mayor Clark: All right.
Commissioner Gort: Because if we're only talking about 14 weekends, it might not be worth it
for anyone to go in there.
Mr. Odio: We're talking about 28, maybe $30,000 (thirty thousand dollars).
Commissioner Gort: And if we're not going to make any money, I don't think it's worth the
City to look at it. So I'd like to defer this and let us go back and research it.
85 March 9, 1995
Mayor Clark: I would like to, Mr. Manager, have you present all the members of the
Commission a copy of my memo to you, or your memo to me, improving the Orange Bowl
Stadium.
Commissioner Gort: Also, new things that have been taking place, please make us aware, and
make the people that have been interested, shown interest in utilizing this aware of what's going
to happen.
Mayor Clark: Can I get a copy of this?
Vice Mayor Plummer: So what do you want to do, send it back to the Manager? That's fine.
Mr. Eshrenazi: Thank you.
Vice Mayor Plummer: One of the other things that you want to consider, Mr. Manager, that I
know that they do at the others, as you do here, sell parking, because they can park on the south
side of the Orange Bowl, and you can put at least a thousand cars over there, at $3 a car. That's
in addition.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 95-186
A MOTION REFERRING TO THE CITY MANAGER A REQUEST BY
MANAGEMENT CORP. FOR USAGE OF OUTER GROUNDS AND/OR PARKING
LOTS OF THE ORANGE BOWL FOR CREATING AN OUTDOOR BAZAAR;
FURTHER DIRECTING THE MANAGER TO COME BACK WITH A PLAN FOR
ENHANCEMENT OF THE AREA FOR FURTHER CONSIDERATION BY THE
CITY COMMISSION.
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.
86 March 9, 1995
- ---- - - -------- -- •• ----------------- - - - - ------ --- ----- - - - - - - - - -- - --- - --- --- -- -- - - -- ------ ---- - - ---- --- --- ---- - - - -
31. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE
FUND: SOLID WASTE REDUCTION: RECYCLING AND EDUCATION
(FY'95) -- ACCEPT GRANT OF $456,779 FROM STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATIONS -- EXECUTE
NECESSARY DOCUMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 22, recycling appropriation ordinance. Mr. Manager.
Vice Mayor Plummer: Move it.
Mr. Cesar Odio (City Manager): This is establishing an ordinance to receive...
Mayor Clark: OK. Moved and seconded. Any discussion?
Vice Mayor Plummer: It's an ordinance.
Mayor Clark: Call the roll, please.
Ms. Matty Hirai: Mr. Mayor, may I please have a motion?
Vice Mayor Plummer: I made it.
Mayor Clark: Made by Mr. Plummer, seconded by Mr. Gort.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY'95)" AND
APPROPRIATING RESOURCES FOR SAID FUND; AUTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $456,779.00, FROM
THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION
AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT FOR A RECYCLING
PROGRAM IN THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
87 March 9, 1995
passed on its first reading, by title, at the meeting of February 9, 1995, 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 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11230.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
NOTE FOR THE RECORD; At this point, Commissioner Gort
recognizes Ira Moldenado, who had a heart transplant and looks
very well.
32. SECOND READING ORDINANCE: AMEND ORDINANCE 11205
(CAPITAL IMPROVEMENTS PROJECTS APPROPRIATIONS) --
ESTABLISH NEW CAPITAL PROJECT NO. 313825: SOUTH FLORIDA
URBAN SEARCH AND RESCUE TASK FORCE EQUIPMENT
ACQUISITION PROGRAM -- ACCEPT GRANT OF $495,000 FROM THE
HURRICANE ANDREW RECOVERY AND REBUILDING TRUST FUND
(AS ADMINISTERED BY FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS) -- EXECUTE NECESSARY DOCUMENTS.
Vice Mayor Plummer: I'm going to move item 23 with the following stipulations.
Mayor Clark: All right.
Vice Mayor Plummer: Mr. Mayor, I am very concerned about long-term liability that could be
incurred by any of our people that would be sent out of our City to, in fact, administer. I have
an agreement with the Fire Chief that if we accept this grant now, the area that is not clear today
in reference to two-thirds liability, as to whether the Federal government would cover it, that
until such time as that is determined, that none of this group or this team will be sent out of the
City of Miami. We will accept the grant, but they will only be in the City of Miami, for their
use, until this matter is resolved as to the liability, the long-term liability of two-thirds. And
under those circumstances, I move it, Mr. Mayor.
Mayor Clark: Tough bargainer, isn't he?
88 March 9, 1995
Carlos Gimenez (Fire Chien: Yes.
Mayor Clark: Tough. Is there a second? You want to speak?
Commissioner Dawkins: Second. Under discussion.
Mayor Clark: Yes.
Commissioner Dawkins: The Fire Department is accepting funds from the Federal
government...
Chief Gimenez: From the State.
Commissioner Dawkins: ...which spells out what we can do, are expected, and you are saying to
Commissioner Plummer that by accepting these funds, if the Federal government or the State
government tells you to go to Orlando to assist with an emergency, you're not going?
Chief Gimenez: Until we get the issue of the two-thirds liability for long-term disability, the...
This is a State grant. The part of the FEMA (Federal Emergency Management Agency) Team...
We can say no to a FEMA activation. That's up to the individual teams.
Commissioner Dawkins: You can say no.
Vice Mayor Plummer: Yes.
Chief Gimenez: We can say no, right.
Mayor Clark: All right.
Vice Mayor Plummer: Mr. Dawkins, my concern, again, that if one of our people went to
Nicaragua, or wherever they asked that they go, and they were to be hurt on a permanent basis,
that the City would have to pick up the two-thirds, 1 think, is wrong. Now, they're willing to
pick up the salaries, and the perks, and I think they need to have the obligation to pick up the
two-thirds disability.
Mayor Clark: Very good. Call the roll.
Commissioner Dawkins: No, no, I'm at a loss. OK?
Mayor Clark: All right.
Commissioner Dawkins: It says South Florida Urban Search and Rescue Task Force equipment
acquisition.
Mayor Clark: Yes.
Commissioner Dawkins: It did not say anything about serving a disaster in Honduras...
Vice Mayor Plummer: It could.
Commissioner Dawkins: ... Argentina. It doesn't... It says U.S.A. of America. Now, how are
we getting all the way down in South America?
Chief Gimenez: We haven't. Not...
89 March 9, 1995
Commissioner Dawkins: You see?
Chief Gimenez: No, we haven't. No, we're talking about...
Commissioner Dawkins: You see, J.L. Plummer is saying, he's talking in terms of if you have to
go to South America...
Vice Mayor Plummer: It's possible, yeah.
Commissioner Dawkins: ... and you don't have to go to South America.
Chief Gimenez: No, we're not talking about South America. We're talking about a disaster in
the United States.
Commissioner Dawkins: Throw that out of the motion.
Vice Mayor Plummer: Mr. De Yurre says...
Commissioner Dawkins: Throw that out of the motion.
Vice Mayor Plummer: ... the way you do it is by plane.
Commissioner Gort: Move it.
Mayor Clark: It's been moved and seconded. All right. Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11205, ADOPTED
NOVEMBER 17, 1994, THE CAPITAL IMPROVEMENTS PROJECTS
APPROPRIATIONS ORDINANCE, THEREBY ESTABLISHING NEW CAPITAL
PROJECT NO. 313825, ENTITLED: "SOUTH FLORIDA URBAN SEARCH AND
RESCUE TASK FORCE EQUIPMENT ACQUISITION PROGRAM" AND
APPROPRIATING RESOURCES FOR SAID PROJECT; AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT, IN THE AMOUNT OF
$495,000, FROM THE HURRICANE ANDREW RECOVERY AND REBUILDING
TRUST FUND, AS ADMINISTERED BY THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, AND TO EXECUTE THE NECESSARY DOCUMENTS,.
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID
GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
90 March 9, 1995
I
passed on its first reading by title at the meeting of February 9, 1995, was taken up for its
second and final reading by title and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Dawkins, 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, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11231.
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.
----------------------------------------------------------------------------------------------------------------
33. DISCUSSION CONCERNING RESCHEDULING OF MARCH 23RD
COMMISSION MEETING TO MARCH 27TH. (See label 60)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: When are you going to Argentina?
Mayor Clark: It's going to be... Yeah, the 28th.
Vice Mayor Plummer: I was trying to move the meeting of the 23rd.
Mayor Clark: No, it's... The 23rd is all right.
Vice Mayor Plummer: No, I need to move it, if it could be, the 23rd. Is there any other date that
would be acceptable?
Mayor Clark: I won't leave until the 28th, I don't think.
Commissioner Gort: You burying somebody? You want to move it up to the 21st?
Vice Mayor Plummer: No, you can't move it up. You can move it back. Could we do it on the
27th? Could you all check your calendars?
Mayor Clark: I think I can do it on the 27th.
Vice Mayor Plummer: All right.
Commissioner Gort: I'll buy that.
Vice Mayor Plummer: All right. I would ask that you check your calendars, and late this
afternoon, we can do it. Thank you, sir.
91 March 9, 1995
Mayor Clark: Yes, sir.
[END OF DISCUSSION -- ITEM TABLED AT THIS POINT. See label 60.1
------------------------------------------- --------------------------------------------- ------------------------
34. (A) SECOND READING ORDINANCE: AMEND CODE SECTION 40-
239 -- PROVIDE INCENTIVE RETIREMENT PROGRAM TO
MEMBERS OF THE CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST WHO
ARE REPRESENTED BY THE LABORERS' INTERNATIONAL
UNION OF NORTH AMERICA, AFL-CIO, LOCAL 800 -- PROVIDE
THREE YEARS SERVICE CREDIT TO MEMBERS ELIGIBLE TO
RETIRE UNDER RULE OF 70 AND TO NON -ELIGIBLE MEMBERS
WHO, WITH THE ADDITIONAL THREE YEARS SERVICE
CREDIT, WOULD QUALIFY UNDER RULE OF 70 -- PROVIDE
FOR HEALTH INSURANCE COVERAGE.
(B) COMMISSIONER DAWKINS COMPLAINS HE IS NOT GIVEN
SUFFICIENT INFORMATION ON CERTAIN ITEMS.
Vice Mayor Plummer: We're on item 24. I move it, Mr. Mayor.
Mayor Clark: Second reading.
Commissioner Dawkins: Under discussion. Oh, I... Who seconded it?
Vice Mayor Plummer: You did.
Commissioner Dawkins: OK, second. Under discussion.
Mayor Clark: Say it, say it.
Commissioner Dawkins: Who, up here on this Commission can tell me what section 40-239 is?
Who can tell me what that is on the Commission?
Mayor Clark: Benefits?
Commissioner Dawkins: No, sir. Whatever... It says...
Vice Mayor Plummer: It relates to pension.
Commissioner Dawkins: ... retirement as provided in Section 40-239. 1 was wondering what
that is. Who can... on the Commission...
Mayor Clark: Service retirement.
Vice Mayor Plummer: Service retirement, where it has now changed, where they can add to the
three years for early retirement.
Commissioner Dawkins: That's the whole 40... OK. Well, I said... No, no. Forty...
92 March 9, 1995
Vice Mayor Plummer: No, 40-239 is what presently is...
Commissioner Dawkins: ... period. The whole, the whole ordinance, that's what I'm talking
about.
Vice Mayor Plummer: ... is to amend.
Commissioner Dawkins: That's what I'm talking about, yeah, the whole ordinance. What's that
talking about?
Vice Mayor Plummer: Pension.
Commissioner Dawkins: The pension.
Vice Mayor Plummer: Yes.
Commissioner Dawkins: Yeah, but... OK. Now, in Section 3, I want deleted, if we're going to
pass this, OK?
Vice Mayor Plummer: Section 3.
Commissioner Dawkins: Section 3 says:
"All ordinances or part of ordinances insofar as they are inconsistent or in conflict
with the provisions of this ordinance are hereby repealed."
Which means that you're wiping out the total 40-239 Ordinance, and I just don't see how we can
do that.
A. Quinn Jones, III, Esq. (City Attorney): No. No, that's not true, Commissioner.
Vice Mayor Plummer: No.
Mayor Clark: No, that's not right.
Commissioner Dawkins: Well, what is it, what is it? What does it say, then?
Mr. Jones: Well, this is standard language we put in all ordinances, to the extent that there's a
law that may come...
Commissioner Dawkins: All right. What's the difference in that reading, and if I were to insert,
"All ordinance or part of ordinances not specifically amended by the provision of this ordinance
shall remain in full force and effect"? Why...
Mr. Jones: Because the difference being is that if for any reason there's a court ruling or
whatever that comes down subsequent to this to make... be in conflict with this, that's what that
provision is in there for.
Mayor Clark: Wait a minute.
Commissioner Dawkins: Say what, now?
Mayor Clark: We got to vote on this thing.
Vice Mayor Plummer: I've already moved it.
93 March 9, 1995
N
Commissioner Dawkins: Say what now?
Mayor Clark: I know.
Commissioner Dawkins: You got the vote. I'll be the only one voting against it. Go ahead, you
got three votes. Go ahead.
Mayor Clark: You're going to vote against this?
Commissioner Dawkins: Sure, 1 mean...
Mr. Jones: What this basically...
Commissioner Dawkins: I just don't... that... See, the City Attorney has not explained to me
why that ordinance is any different than what I just read.
Mr. Jones: What I'm saying to you, Commissioner, if there's any ordinance that presently
exists...
Commissioner Dawkins: Yes.
Mr. Jones: ... or should you, as a Commission, pass any future ordinances that may conflict with
what you're about to pass, that's what it's saying, that that's repealed.
Mayor Clark: Clears that up.
Mr. Jones: But... to the extent that it's in conflict with what you're passing here today.
Commissioner Dawkins: Yeah, but those are already... On the books, you're telling me that if
it's in conflict, you'll repeal. "Repeal" means to remove.
Mr. Jones: If there is something there now. What you're doing, you're amending...
Commissioner Dawkins: You know, why are you going to tell me that there may be something
there that I have to remove?
Mr. Jones: What I'm tell...
Commissioner Dawkins: You see, this is... It's something here not right,
Mr. Jones: Commissioner, all I'm saying to you is this. What you have now is that you're
amending...
Commissioner Dawkins: OK. I'll vote no. I seconded for the purpose of discussion. I'm voting
no.
Mr. Jones: I understand that. What I'm saying, what you...
Commissioner Dawkins: Call the roll. Call the roll, Mr. Mayor.
Mr. Jones: What I'm saying, what you're doing is amending what the present provision is now.
So to the extent that you would pass any other ordinance, other than what you're getting ready to
pass, and to the extent that it's in conflict with what you're about to pass, then it would be
repealed. That's all it's saying.
94 March 9, 1995
f
Mayor Clark: All right. Call the roll. Miller... Plummer votes yes.
Mr. Jones: Well, I've got to read the ordinance, sir.
Mayor Clark: I... Did you read it?
Mr. Jones: No.
Mayor Clark: Go ahead. All right. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 40-239 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING AN INCENTIVE
RETIREMENT PROGRAM TO THOSE MEMBERS OF THE CITY OF MIAMI
GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT
TRUST WHO ARE REPRESENTED BY THE LABORERS' INTERNATIONAL
UNION OF NORTH AMERICA, AFL-CIO, LOCAL 500, THEREBY PROVIDING
THREE (3) YEARS SERVICE CREDIT TO THOSE MEMBERS ELIGIBLE TO
RETIRE UNDER SERVICE RETIREMENT OR RULE OF 70 RETIREMENT AND
TO THOSE NON -ELIGIBLE MEMBERS WHO, WITH THE ADDITIONAL THREE
(3) YEARS SERVICE CREDIT, WOULD QUALIFY UNDER SERVICE
RETIREMENT, OR RULE OF 70 RETIREMENT AND PROVIDING FOR HEALTH
INSURANCE COVERAGE; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of February 9, 1995, was taken up for
its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Dawkins, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11232.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Clark: He voted yes before he left, Plummer.
Commissioner Dawkins: Mr. Mayor, I want to make it clear here. When these other three...
whatever this is comes before this Commission, Mr. City Attorney, I am not allowed to abstain,
but I may have to abstain and go before the Ethics Committee to see if I can get an explanation
to what I don't know. See? Now, I sit up here...
Vice Mayor Plummer: Wait a minute, wait a minute. What's the problem?
95 March 9, 1995
Commissioner Dawkins: I want the Clerk and the City Attorney to understand that I constantly
do not understand, and I'm constantly outvoted, which is a right up here when you lose, but if I
have to abstain in order to get me a hearing before the Ethics Committee to find out why I can
never get an explanation, I will have to do that. OK? Thank you.
Vice Mayor Plummer: Wait, wait, wait. This bothers me. Why can't he get an explanation?
I'm only using... Mr. Dawkins, I'm sorry that I was out of the room. Would you tell me what
you're trying to get an explanation and you can't?
Commissioner Dawkins: I don't care what it is up here...
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: ... OK? And I have no problem saying it. When it's four votes, Miller
Dawkins is not to be considered, don't worry about him, we don't need his vote, we got three
votes, we got four votes, steam -roll it on through. OK? And I've had it. OK?
Vice Mayor Plummer: Well...
Commissioner Dawkins: No, no, no.
Vice Mayor Plummer: No, no, no. It bothers me because...
Commissioner Dawkins: OK. It bothers me, too, J.L. It has been bothering me for the last two
years. OK?
Vice Mayor Plummer: What bothers me is, is that I have consistently voted for deferments when
you needed more time. Now, if, in fact, there is an area that you have a concern about, then I
would like to know it, because I have always, whether it's you or any other one of my colleagues
who is not prepared with information to vote, I go along with the deferment.
Commissioner Dawkins: You have...
Vice Mayor Plummer: And you've done it for me.
Commissioner Dawkins: We do it for each other.
Vice Mayor Plummer: OK? Now, if there is an area that you have not enough information, you
tell it to me, because I'm going to vote with you, and any other one of my colleagues, I would
vote with.
Commissioner Dawkins: OK. Well, when the next three come up, J.L., when the next three
come up, they got three more times to do this. OK? And I got questions about it, and I'd like
for...
Vice Mayor Plummer: Are there questions on item 24, the item before us?
Commissioner Dawkins: No. I explained to the Manager yesterday that it could go through, I
have no problems with it.
Vice Mayor Plummer: OK. Fine,
Commissioner Dawkins: OK? But I got problems with the other three.
96 March 9, 1995
Mayor Clark: Which ones are they?
Vice Mayor Plummer: Then you tell me what you got problems with.
Commissioner Dawkins: Whatever... The firemen, police or whatever, Mr. Mayor.
Vice Mayor Plummer: All right. Have we voted, Mr. Mayor, on 24?
Mayor Clark: Yes, sir.
Commissioner Dawkins: Yes. You been...
Vice Mayor Plummer: Did you show me voting affirmative, since I made the motion?
Commissioner Dawkins: Yeah.
Ms. Matty Hirai (City Clerk). Yes, sir.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Twenty-five.
Vice Mayor Plummer: Thank you. I move 25.
---------------------------------------- --------------------------------------
35. APPROVE (FOR PURPOSES OF SECTION 147(F) OF INTERNAL REVENUE
CODE, 1986) A TAX-EXEMPT LEASE AMONG CITY OF MIAMI- (1)
HEALTH FACILITIES AUTHORITY; (2) GENERAL ELECTRIC CAPITAL
CORPORATION; AND (3) PAN AMERICAN HOSPITAL CORP. -- PROVIDE
FOR LEASE / SUBLEASE OF CERTAIN CAPITAL EQUIPMENT WITH
PRINCIPAL COMPONENTS OF LEASE PAYMENTS OF UP TO
$1,300,000 -- APPROVE MINUTES OF PUBLIC HEARING HELD BY THE
AUTHORITY.
Mayor Clark: Kenny, where's your item?
Mr. Kenneth Myers: Thirty-six.
Commissioner Dawkins: Item... What's your item, Kenny?
Mayor Clark: What?
Mr. Myers: Thirty-six.
Mayor Clark: We ain't got no 36.
Vice Mayor Plummer: No, that's next year.
0
Commissioner Dawkins: Mr. Mayor, I move that we hear Mr. Myers out of order, because he
i
has to go to court today. He's got another court appearance.
97 March 9, 1995
Vice Mayor Plummer: Deter him for 30 days.
Mayor Clark: All right. Come up, Kenny.
Commissioner Gort: Item 36.
Vice Mayor Plummer: I will defer him for one meeting, that's it.
Mayor Clark: What is item 36? It's leasing equipment. Go ahead. Go ahead, Kenny. ,
Mr. Myers: Mr. Mayor and members of the Commission, this is a perfunctory routine procedure
that you do all the time. This is a financing by the...
Vice Mayor Plummer: Well, why are... You know, this shouldn't have to come before us,
really.
Mr. Myers: Well, the Federal tax law requires...
Vice Mayor Plummer: This is the Hospital Advisory Board. I move 36.
Mayor Clark: Please, please, now, one at a time.
Vice Mayor Plummer: I move 36.
Commissioner Dawkins: Second.
Vice Mayor Plummer: This is a waste of our time.
A. Quinn Jones, III, Esq. (City Attorney): It's required by the Code that...
Vice Mayor Plummer: All right, required by the Code. Change the Code.
Mr. Myers: Thank you.
Mayor Clark: Call the roll.
98 March 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-187
A RESOLUTION, WITH ATTACHMENTS, APPROVING FOR PURPOSES OF
SECTION 147(t) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, A
TAX-EXEMPT LEASE AMONG THE CITY OF MIAMI, FLORIDA HEALTH
FACILITIES AUTHORITY, GENERAL ELECTRIC CAPITAL CORPORATION AND
PAN AMERICAN HOSPITAL CORP., PROVIDING FOR THE LEASE AND
SUBLEASE OF CERTAIN CAPITAL EQUIPMENT WITH PRINCIPAL
COMPONENTS OF LEASE PAYMENTS OF UP TO $1,300,000; APPROVING THE
MINUTES OF THE PUBLIC HEARING HELD BY THE AUTHORITY PURSUANT
TO SAID SECTION 147(t) OF THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
36. SECOND READING ORDINANCE: AMEND CODE SECTION 22-12 (a)
(GARBAGE AND TRASH / ARTICLE 1 / WASTE FEES) -- REFLECT
PURPOSE FOR WASTE FEES AND PROVIDE FOR INCREASES, WHEN
NECESSARY, OF SAID FEES.
Vice Mayor Plummer: I moved item 25, Mr. Mayor.
Mayor Clark: Twenty-five has been moved by Mr. Plummer. Is there a second?
Commissioner Dawkins: Second... No, no.
Commissioner Gort: Twenty-five, let me get there. Wait, wait, hold it. Second.
Mayor Clark: All right. Read the ordinance. Call the roll, Madam Clerk.
99 March 9, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 22-12(a) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND
TRASH/ARTICLE 1/WASTE FEES", THEREBY REFLECTING THE PURPOSE FOR
WASTE FEES AND PROVIDING FOR INCREASES, WHEN NECESSARY, OF
SAID FEES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading, by title, at the meeting of February 9, 1995, 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 was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11233.
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.
----------------------------------------------------------------------------------------------------------------
37. APPROVE LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO
IMPLEMENTATION OF STATE OF FLORIDA'S STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM IN CITY OF MIAMI
(FISCAL YEARS 1995-1998) -- AUTHORIZE MANAGER TO EXECUTE
APPROPRIATE CERTIFICATIONS / DOCUMENTS TO CARRY OUT
TERMS / CONDITIONS OF SHIP PROGRAM -- SUBMIT CITY'S LOCAL
HOUSING ASSISTANCE PLAN FOR REVIEW / APPROVAL BY FLORIDA
HOUSING FINANCE AGENCY -- APPROVE MAXIMUM AWARD
SCHEDULE AND EFFECTIVE DATE.
Mayor Clark: All right. Item number 26.
Mr. Cesar Odio (City Manager): This is to approve the City of Miami Local Housing Assistance
Plan, as required, to implement and administer the State of Florida State Housing initiative
partnership program...
Commissioner Gort: Move it.
Vice Mayor Plummer: Second.
Mr. Odio: ... in the City of Miami during, during the years '95 through '98.
100 March 9, 1995
Mayor Clark: Any discussion?
Vice Mayor Plummer: Twenty-six and 27 are the same.
Mayor Clark: Call the roll.
Commissioner Dawkins: Who's going to manage... Where will these funds be housed?
Mr. Jeff Hepburn (Assistant Director, Development & Housing Conservation Department):
They will be administered by the Housing Department.
Commissioner Dawkins: And who tells the Housing Authority what to OK and what not to OK?
Commissioner Gort: We do.
Commissioner Dawkins: Beg your pardon?
Mr. Hepburn: Well, applications will be received, and we'll process them, based on eligibility.
Commissioner Dawkins: I'll rephrase my... Is it... OK, let me say it like I'm trying to say it.
Where does the City Commission come into determining how these housing funds should be
disbursed?
Mr. Hepburn: There are three aspects to the program. One of the programs involves building
single-family homes. We'll have to go out to bid, and those bids will come before you for
approval.
Commissioner Dawkins: All right, that's one of them. Now, what's the...
Mr. Hepburn: The second part of the process basically is internal, in terms of processing and
qualifying buyers to purchase those homes or other homes that are located within the City.
Vice Mayor Plummer: That, I got a problem with.
Mr. Hepburn: Now, if there is a City employee, no. We have to bring that to you for a waiver of
conflict.
Commissioner Dawkins: No, but that... That is...
Vice Mayor Plummer: No, I got a problem internal... Go ahead.
Commissioner Dawkins: No, no. My problem, Mr. Hepburn, is - and I don't mind saying it -
you have people - not you, I'm sorry - the City of Miami has got people over there who are
determining what the criteria is for loaning money. And that division has set up criteria that's
worse than the bank. And if a person could qualify at the bank, they wouldn't be to us. So some
kind of a way, you got to find a way to release these qualifications that you've got, if you're
supposed to be helping the individuals that we're supposed to help. Go ahead, Mr. Bailey. Go
ahead, Mr. Bailey.
Mr. Herb Bailey (Assistant City Manager): Commissioner, I think what you're referring to is a
recommendation on a set of procedures that have not been implemented yet, but they're in the
process of being reviewed. When we go through a process of... And that's for the multifamily
CDBG (Community Development Block Grant) monies. This SHIP (State Housing Initiatives
Partnership) money, which we intend to use for second mortgages, which would enable low-
101 March 9, 1995
income people to be able to quality for a first mortgage, falls into a different category. The
procedures that have been requested to be put together to determine qualifications for the other
lending has not been implemented yet. We're just in the writing stage.
Commissioner Dawkins: OK. Mr. Manager, pass down to your staff that we are supposed to
help people obtain housing. We're not to put obstacles in the way to stop them from getting
housing. And have them understand that if the people who are coming to them could qualify at
banks, they wouldn't come to us. Thank you, sir.
Mayor Clark: All right.
Vice Mayor Plummer: Well, I... Let me tell you something. Ever since the time that I brought
to this table about somebody in South Grove getting a $40,000 grant to fix their house, I got a
problem, because I want to see those standards.
Mr. Bailey: South Grove?
Vice Mayor Plummer: Yeah. Yeah.
Mr. Bailey: We don't have anybody in the South Grove getting a $40,000 grant. It's not from
US.
Vice Mayor Plummer: I don't know what program it is, but let me tell you, we're here to help
the needy, not the greedy. I want to see, and I want to vote on the standards that are set. OK?
Mr. Bailey: When they're finished, they will go to the Manager.
Vice Mayor Plummer: I want this Commission to vote on these standards.
Mr. Bailey: Well, they'll come to the Manager, and he'll give them to you.
Vice Mayor Plummer: No, no, no. Schedule them for the agenda.
Mr. Bailey: They're not ready yet.
Vice Mayor Plummer: When you get them ready, don't allocate any dollars whatsoever until
standards are set by this Commission.
Mr. Bailey: OK.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: In making the motion - and staff, please correct me if I'm wrong - my
understanding is this is a brand new program from the State that we're working on, and you got
to come back to us with the criteria and guidelines.
Vice Mayor Plummer: We're going to make sure of that.
Mayor Clark: All right.
Mr. Hepburn: I didn't hear the question, Commissioner.
102 March 9, 1995
Commissioner Gort: That's why I made the motion. Right? OK.
Mayor Clark: A motion and a second?
Vice Mayer Plummer: Yeah.
Mayor Clark: Call the roll.
Vice Mayor Plummer: No, it's a resolution.
Mayor Clark: Well, call the roll anyway.
Mr. Odio. It's a resolution and then an ordinance.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-188
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE LOCAL HOUSING
ASSISTANCE PLAN PURSUANT TO THE IMPLEMENTATION OF THE STATE
OF FLORIDA'S STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM IN THE CITY OF MIAMI FOR THE PERIOD COVERING FISCAL
YEARS 1995 THROUGH 1998; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE APPROPRIATE CERTIFICATIONS, IN ADDITION TO ALL
OTHER DOCUMENTS NECESSARY AND PROPER, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO CARRY OUT THE TERMS AND CONDITIONS OF
THE SHIP PROGRAM, AND TO SUBMIT THE CITY'S LOCAL HOUSING
ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA
HOUSING FINANCE AGENCY; FURTHER APPROVING A MAXIMUM AWARD
SCHEDULE AND APPROVING THE EFFECTIVE DATE.
(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.
103 March 9, 1995
----------------------------------------------------------------------------------------------------------------
38. (A) FIRST READING ORDINANCE: ESTABLISH CITY OF MIAMI'S
LOCAL HOUSING ASSISTANCE PROGRAM PURSUANT TO
STATE HOUSING INITIATIVES PARTNERSHIP ACT (SHIP
PROGRAM) -- DESIGNATE RESPONSIBILITY FOR
IMPLEMENTATION J ADMINISTRATION OF THE CITY'S LOCAL
HOUSING ASSISTANCE PROGRAM -- CREATE CITY OF
MIAMI'S LOCAL HOUSING ASSISTANCE TRUST FUND --
CREATE CITY OF MIAMI'S LOCAL HOUSING PARTNERSHIP --
ESTABLISH CITY OF MIAMI'S AFFORDABLE HOUSING
ADVISORY COMMITTEE (AS REQUIRED BY SECTION 420.9076, '
FLORIDA STATUTES) -- ADOPT AFFORDABLE HOUSING
INCENTIVE PLAN.
(B) DISCUSS PROCEDURE TO DETERMINE WHO WILL GET
HOUSES AT ST. HUGH OAKS.
Mayor Clark: Number 27.
Vice Mayor Plummer: It's the same, to make the ordinance. I say yes...
Commissioner Gort: Move it.
Vice Mayor Plummer: ... with the provisions that I said before.
Mayor Clark: Moved and seconded?
Vice Mayor Plummer: Second.
Mayor Clark: Call the roll.
104 March 9, 1995
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS, PERTAINING TO AFFORDABLE
HOUSING IN THE CITY OF MIAMI, FLORIDA, ESTABLISHING THE CITY OF
MIAMI'S LOCAL HOUSING ASSISTANCE PROGRAM PURSUANT TO THE
STATE HOUSING INITIATIVES PARTNERSHIP ACT (SHIP PROGRAM);
DESIGNATING THE RESPONSIBILITY FOR THE IMPLEMENTATION AND
ADMINISTRATION OF THE CITY OF MIAMI'S LOCAL HOUSING ASSISTANCE
PROGRAM; CREATING THE CITY OF MIAMI'S LOCAL HOUSING ASSISTANCE
TRUST FUND; FURTHER CREATING THE CITY OF MIAMI'S LOCAL HOUSING
PARTNERSHIP; ESTABLISHING THE CITY OF MIAMI'S AFFORDABLE
HOUSING ADVISORY COMMITTEE AS REQUIRED BY SECTION 420.9076,
FLORIDA STATUTES; AND ADOPTING THE AFFORDABLE HOUSING
INCENTIVE PLAN; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, 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.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Clark: Next item.
Vice Mayor Plummer: Mr. Mayor, if I may. Mr. Bailey, St. Hugh Oaks, what is the deadline for
people to be qualified?
Mr. Bailey: We extended it another 30 days. I think it's at the end of this month.
Mr. Hepburn: That's right.
Mr. Bailey: End of this month. We had...
Vice Mayor Plummer: The end of March, that's the 31st of March.
Mr. Bailey: Yes.
Vice Mayor Plummer: Can you tell me how many people have qualified so far?
Mr. Bailey: Nineteen.
Vice Mayor Plummer: Nineteen.
Mr. Bailey: Yes.
105 March 9, 1995
Vice Mayor Plummer: And you have continued advertising for people who are interested.
Mr. Bailey: Yes.
Vice Mayor Plummer: OK. And no selection, nor any designation has been given at this point.
Mr. Bailey: In terms of a house?
Vice Mayor Plummer: Yes.
Mr. Bailey: No, we have not.
Vice Mayor Plummer: It is definitely a lottery, will be on... pulled from a lottery on what date?
Mr. Bailey: Well, the lottery will take place, Commissioner, if we get more than 23. We have
23 houses, and we got 19 applicants, so we just have 19...
Vice Mayor Plummer: All right. The question is, how... Let's assume we get 23.
Mr. Bailey: Right.
Vice Mayor Plummer: How will it be designated who gets what house?
Mr. Bailey: Then that's when the lottery will be in place. If we have two people wanting the
same house, then we'd have to draw.
Vice Mayor Plummer: All right. Because there are rumors going around, sir, that people are
getting designated a given house at this particular time.
Mr. Bailey: That's not true.
Vice Mayor Plummer: That's what I want to put on the record...
Mr. Bailey: That's not true.
Vice Mayor Plummer: ... that you're saying it's not true, that there will be a definite lottery for
who gets what.
Mr. Bailey: What house.
Vice Mayor Plummer: And you have not yet, at this time, determined the date of that lottery.
Mr. Bailey: No, we have not.
Vice Mayor Plummer: Thank you.
Mr. Odio: If you want, then, we can have it right here.
Mayor Clark: Please. Mr. Gort has the floor.
Commissioner Gort: Mr. Mayor, my understanding is Commissioner Dawkins and myself were
assigned to be the officers of this corporation. Would you listen, J.L.?
106 March 9, 1995
Vice Mayor Plummer: What? Go ahead.
Commissioner Gort: Please?
Vice Mayor Plummer: Yes.
Commissioner Gort: OK. We visited... I personally visited by myself, and I think
Commissioner Dawkins did also, and they told us what the procedure is going to be, and we are
very much satisfied with it. This town runs in rumors. We can't believe all the rumors.
Vice Mayor Plummer: Well, the only thing I wanted to follow up on, Mr. City Attorney, have
you filed a suit against the party who has filed against us for damages?
A. Quinn Jones, III, Esq. (City Attorney): No. It wasn't necessary for us to file. What we did
is, we responded. What they did is, they asked for injunctive relief to stop the process from
going forward.
Vice Mayor Plummer: Right.
Mr. Jones: Well, the Court denied that, and gave them an opportunity to basically revise their
complaint and file it again. Just recently, they've refiled something in the form of... it wasn't an
injunctive relief, but to be honest with you, I can almost assure you that whatever they filed is
not with merit.
Vice Mayor Plummer: Mr. City Attorney, I would defend their right to have their day in court.
Mr. Jones: Yes.
Vice Mayor Plummer: But if it's going to be that they lose, and, in fact, it costs this City money,
then I think the City has the right to recoup any loss they might suffer.
Mr. Jones: Oh, yeah, I agree.
Vice Mayor Plummer: That's all.
Commissioner Dawkins: Commissioner Plummer.
Vice Mayor Plummer: Sir.
Commissioner Dawkins: What Commissioner Gort was saying to you in a nice way, I'm going
to say to you in plain English.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Check all rumors that you have with the two of us, who are in charge
at St. Oaks, who you put over there, please.
Vice Mayor Plummer: The two rumors.
Commissioner Dawkins: Thank you.
Vice Mayor Plummer: Thank you.
Mayor Clark: All right. Item number 28. Is there a motion?
107 March 9, 1995
Mr. David Alexander: Mr. Mayor, if I might, sir, on that same subject. David Alexander,
Coconut Grove Local Development Corporation. Mr. Mayor and Mr. Commissioners, we have a
problem. That same individual that you just discussed has written a letter to the Attorney
General of the State of Florida, and is in the process, apparently, of filing suit against Coconut
Grove Local Development Corporation. Apparently, he has accused the Board of self -dealing,
that the CDC (Community Development Corporation) is in the process of making its board
members rich, that we are taking the Federal funds and using them for purposes...
Vice Mayor Plummer: Would you like to add that to the rumor mill?
Mr. Alexander: We have been contacted by the Attorney General's Office. Needless to say,
gentlemen, we have a board of directors that is reflective of some of the finest individuals in the
City of Miami and Dade County, Florida. I spent 13 years in this corporation, trying to help
Coconut Grove change itself for the better. Along the same lines, I might add that the
signatories to that document to the Attorney General were also Mrs. Frankie Rolle and Denise
Wallace, another attorney in Coconut Grove. On January the 9th, the Coconut Grove CAACD
(Community Action Agency for Community Development) Advisory Board made a
recommendation to this Commission to fund the Coconut Grove LDC (Local Development
Corporation) an amount of $1.1 million for next year, including some money for housing,
economic development, and commercial facade.
Vice Mayor Plummer: Whoal Wait, wait, excuse me. Speaking to the issue, it's not an agenda
item. If you have something, bring it back and ask for a discussion item on the next agenda.
OK?
Mr. Alexander: Same issue. It's the same issue, though, J.L. It's the same issue. Now, we're in
the position of...
Commissioner Dawkins: No, it's not the issue. It's not the issue. We're not in it. We're not in
it.
Vice Mayor Plummer: I understand. I only ask for informational purposes, not for discussion.
OK? It's not an agenda item.
Mr. Alexander: Is there a way that we could ask the City to assist us in the process of entering
into... a legal way of protecting our rights, as a CDC?
Commissioner Dawkins: No.
Vice Mayor Plummer: Talk to the City Attorney.
Commissioner Dawkins: No, because they're going against the CDC, not the City of Miami.
Mr. Alexander: But they're talking about your funds, Commissioner.
Commissioner Dawkins: Oh, I'm sorry. You talk with the City Attorney. Talk with the City
Attorney.
Vice Mayor Plummer: Talk with the City Attorney. That's what you got to do.
Mayor Clark: All right.
Mr. Alexander: Thank you.
108 March 9, 1995
----------------------------------------------------------------------------------------------------------------
39. AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO
EXISTING AGREEMENT WITH THE YWCA OF GREATER MIAMI, INC.,
CONCERNING REHABILITATION OF OVERTOWN / CULMER CHILD
DAY CARE CENTER FACILITY PROJECT (1009 N.W. 5 AVENUE): (1)
ACCEPT ADDITIONAL $250,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS, FROM METROPOLITAN DADE
COUNTY, TO BE COMBINED WITH CITY FUNDS, FOR TOTAL PROJECT
AMOUNT OF $575,000, FOR REHABILITATION OF THE CENTER; AND (2)
STIPULATE THAT THE CITY WILL OVERSEE IMPLEMENTATION OF
SAID PROJECT AND MONITOR BUDGET EXPENDITURES, IN
COMPLIANCE WITH DAVIS-BACON DIRECTIVES -- EXECUTE
AGREEMENT WITH METROPOLITAN DADE COUNTY, ACCEPTING
SAID GRANT FUNDS AND ADMINISTERING SAME FOR
REHABILITATION OF CENTER.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I move item 28.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-189
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE AMENDMENT NO. 3, IN SUBSTANTIALLY THE ATTACHED
FORM, TO THE EXISTING AGREEMENT WITH THE YWCA OF GREATER
MIAMI, INC. CONCERNING THE REHABILITATION OF THE
OVERTOWN/CULMER CHILD DAY CARE CENTER FACILITY (THE "CENTER')
PROJECT, LOCATED AT 1009 NORTHWEST 5TH AVENUE, MIAMI, FLORIDA,
THEREBY: 1) ACCEPTING AN ADDITIONAL $250,000 OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FROM METROPOLITAN DADE
COUNTY TO BE COMBINED WITH CITY FUNDS, FOR A TOTAL PROJECT
AMOUNT OF $575,000 FOR THE REHABILITATION OF THE CENTER, 2)
STIPULATING THAT THE CITY WILL OVERSEE THE IMPLEMENTATION OF
SAID PROJECT AND MONITOR BUDGET EXPENDITURES IN COMPLIANCE
WITH DAVIS-BACON DIRECTIVES; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH METROPOLITAN DADE COUNTY, ACCEPTING SAID
GRANT FUNDS AND ADMINISTERING SAME FOR THE REHABILITATION OF
THE CENTER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
109 March 9, 1995
0
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.
E
---------------- ------------------------------------------------------------- -----------------------------------
40. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: YWCA OVERTOWN / CULMER CHILD DAY CARE FACILITY
REHABILITATION -- APPROPRIATE $250,000 FROM METROPOLITAN
DADE COUNTY GRANT -- GRANT FUNDS TO BE COMBINED WITH
CITY FUNDS, IN THE AMOUNT OF $325,000, FOR CITY TO ADMINISTER
/ COMPLETE REHABILITATION OF SAID FACILITY.
Mayor Clark: Item 29.
Vice Mayor Plummer: I move it on first reading of the ordinance.
Mayor Clark: Read the ordinance.
Vice Mayor Plummer: Call the roll.
110 March 9, 1995
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED "YWCA OVERTOWN/CULMER CHILD DAY CARE FACILITY
REHABILITATION", AND APPROPRIATING FUNDS THEREFOR FROM
METROPOLITAN DADE COUNTY GRANT, IN THE AMOUNT OF $250,000; SAID
GRANT FUNDS TO BE COMBINED WITH CITY FUNDS, IN THE AMOUNT OF
$325,000 FOR THE CITY TO ADMINISTER AND COMPLETE THE
REHABILITATION OF THE OVERTOWN/CULMER CHILD DAY CARE
FACILITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, 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.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
--------------------------------------------- ------------------------------------------------------------------
41. AUTHORIZE CITY MANAGER TO SELECT A CONSULTANT AND ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT, TO PROVIDE EXPERT
PLANNING AND ECONOMIC ANALYSIS SERVICES FOR FORMULATION
OF THE U.S. NAVAL RESERVE CENTER - TIGERTAIL
REDEVELOPMENT PLAN -- ALLOCATE $50,000 -- AUTHORIZE
MANAGER TO SUBMIT GRANT APPLICATION TO DEPARTMENT OF
DEFENSE, OFFICE OF ECONOMIC ADJUSTMENT, TO OBTAIN
REIMBURSEMENT OF SAID FUNDS.
Vice Mayor Plummer: I move item 31, and wish the Manager well.
Mr. Cesar Odio (City Manager): What is that?
Vice Mayor Plummer: On a consultant for the Naval Reserve, across the street.
Mr. Odio: Well, I...
Vice Mayor Plummer: Mr. Mayor, I move item 31.
Commissioner De Yurre: Second.
Commissioner Dawkins: Thirty-one? Wait. I may want to pull it.
111 March 9, 1995
Vice Mayor Plummer: No, that's for the Naval Reserve.
Commissioner Dawkins: OK.
Mayor Clark: All right. It's been seconded. Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-190
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO SELECT A CONSULTANT AND ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH SAID CONSULTANT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO PROVIDE EXPERT PLANNING AND ECONOMIC
ANALYSIS SERVICES FOR THE FORMULATION OF THE U.S. NAVAL
RESERVE CENTER-TIGERTAIL REDEVELOPMENT PLAN ("PLAN"),
ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $50,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, FURTHER AUTHORIZING THE
CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE DEPARTMENT
OF DEFENSE, OFFICE OF ECONOMIC ADJUSTMENT, TO OBTAIN
REIMBURSEMENT OF SAID FUNDS.
(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.
112 March 9, 1995
------------------------------------------------------------ ---------------------------------------------------
42, DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO APPOINT MEMBERS TO A REVIEW COMMITTEE AND
SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM -- TO
EVALUATE PROPOSALS RECEIVED IN CONNECTION WITH A
REQUEST FOR PROPOSALS (RFP) FOR THE UNIFIED
DEVELOPMENT OF:
(A) THE MIAMI MARINE STADIUM AND RELATED FACILITIES
(ISSUED ON FEBRUARY 28, 1995).
(B) A CAMPGROUND AND RELATED FACILITIES ON VIRGINIA
KEY (ISSUED ON MARCH 7, 1995).
(C) A MEGA YACHT MARINA ON WATSON ISLAND (ISSUED ON
FEBRUARY 21, 1995)
Vice Mayor Plummer: Are you recommending, Mr. Manager, on 32, 33, and 34? The only
thing that I had was...
Mr. Cesar Odio (City Manager): I was on 31. Which one?
Commissioner Dawkins: It passed. Thirty-one passed.
Vice Mayor Plummer: Thirty-two, 33, and 34, do we have a list of more than three names?
Ms. Diane Johnson (Development Coordinator, Department of Development): For the CPA
(Certified Public Accountant) firms?
Vice Mayor Plummer: Yes.
Ms. Johnson: Yes.
Mayor Clark: On 32, I appoint Tad Templeton. Got that?
Ms. Johnson: That was for 32, Mayor?
Mayor Clark: Yes, ma'am.
Ms. Johnson: There is a list included in your...
Commissioner Gort: Thirty-two.
Ms. Johnson: There's a list of recommended individuals in your...
Mr. Odio: I can say members of the public that was recommended now is Eladio Candela,
Richard Bishop, Joseph Corral and Teresa Benach.
Commissioner De Yurre: I appoint Joseph Corral.
Vice Mayor Plummer: To... This is on 32?
113 March 9, 1995
r
Commissioner Dawkins: Wait a minute. No, wait, give me the list, because I don't think I like
any of those.
Vice Mayor Plummer: I'll nominate Terry Benach.
Commissioner Dawkins: Where is the list?
Mr. Odio: It's in the back of your... on item... on the item, the last page.
Mayor Clark: Tad Templeton. You got that, Clerk? '
Commissioner Dawkins: Thirty-one.
Mayor Clark: Tad Templeton.
Ms. Johnson: Did you find it?
Mayor Clark: Yes. Thirty-two.
Ms. Johnson: Item 32.
Commissioner Dawkins: Thirty-one. Wait a minute. now.
Ms. Johnson: It's on Page 3 of the resolution.
Commissioner Dawkins: Thirty-one, I don't see no... I don't have any names on 31.
Mr. Odio: And the reason... Let me explain. The reason I wanted to recommend Eladio
Candela, he was one of the original architects, designers for that building so...
Commissioner Gort: You want to punish him or what?
Vice Mayor Plummer: How many people are you appointing to that?
Mr. Odio: It's seven.
Vice Mayor Plummer: How many from the private sector?
Mr. Odio: Four.
Vice Mayor Plummer: And three from the City.
Mr. Odio: Yes.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Where is 31?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Dawkins: Yeah, but where are the names?
Mr. Odio: On the City side, I'd like to change Ana Sardina to Diane Johnson.
114 March 9, 1995
Vice Mayor Plummer: That's on 32.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Thirty-two, what, now?
Mr. Odio: On the City employees, I'd like to change Ana Sardina for Diane Johnson.
Commissioner Dawkins: Wait a minute. One, two, three... One, two, three, four.
Ms. Johnson: There have to be more members of the public than staff.
Vice Mayor Plummer: There's four and three.
Mr. Odio: There's four public and three staff.
Vice Mayor Plummer: OK. Who is the firm you're recommending on 33?
Mayor Clark: Charlie Cox.
Vice Mayor Plummer: CPA firm.
Ms. Johnson: The CPA firm we're recommending is...
Mayor Clark: Charles Cox.
Vice Mayor Plummer: Who?
Mr. Odio: Who?
Ms. Johnson: No. The CPA firm for the Marine Stadium, the top ranked firm was...
Commissioner Dawkins: What are we on, 31 or 32?
Vice Mayor Plummer: Thirty-three.
Mr. Odio: Wait, I'm confused. I thought we were on 32.
Commissioner Dawkins: When did we finish with 31?
Vice Mayor Plummer: We finished 32.
Mr. Odio: No. You didn't vote on 32.
Mayor Clark: We passed that. It was a consultant right here.
Ms. Johnson: Thirty-one...
A. Quinn Jones, III, Esq. (City Attorney): There were two... Thirty-two, you had two names.
Commissioner Dawkins: Oh, that's the naval base.
Mayor Clark: Yeah.
115 March 9, 1995
I
Commissioner Dawkins: The naval base. OK. All right. Now, on 32, what are we doing now?
Mr. Jones: You're appointing members to the selection committee, and also appointing a CPA
firm.
Vice Mayor Plummer: The Mayor recommended the CPA.
Ms. Johnson: Correct.
Mr. Odio: The recommended CPA firm is Ernst and Young.
Vice Mayor Plummer: No. The Mayor recommended. Who did you recommend, Mr. Mayor?
Mayor Clark: Which one is it?
Vice Mayor Plummer: For 32.
Commissioner Dawkins: For 32, a firm.
Mayor Clark: John Kiskinis. Is that right?
Ms. Johnson: This is for the Marine Stadium, item...
Mr. Odio: The number one firm...
Mayor Clark: Tad Templeton.
Ms. Johnson: Sam Templeton?
Mayor Clark: Tad.
Vice Mayor Plummer: For the CPA firm. OK.
Ms. Johnson: We went through a competitive selection process. There were firms that
submitted proposals and were ranked by a selection committee.
Vice Mayor Plummer: Yeah, well, let me... Diane, excuse me. Unless you're going to defer
this out completely...
Ms. Johnson: Certainly.
Vice Mayor Plummer: What bothers me is, at the last meeting, all three of these items was the
same CPA firm.
Commissioner Dawkins: That's right.
Vice Mayor Plummer: And that's wrong. That is wrong.
Mr. Odio: Go ahead and recommend. Get number one from here, and them go to number two
on the next one. I don't care.
Ms. Johnson: There were a total of five...
Commissioner Dawkins: You know what? You know what?
116 March 9, 1995
Ms. Johnson: ... proposals submitted to each... We would recommend... Perhaps this would be
a way of doing it. On Marine Stadium, the second ranked firm was Arthur Andersen.
Commissioner Dawkins: No. You see, throw all this out and bring it back. OK? I mean, I will
defer this. I get tired of you people... No, no, no. Listen to me. I want all of my fellow
Commissioners to listen to me. I continue to tell you people that there are small struggling CPA
firms out there who need jobs to keep the lights on, and to keep the water running.
Ms. Johnson: The Charter provides that they must have experience. And Arthur Andersen has a
minority partner.
Commissioner Dawkins: And every time we have one of these, you guys come with DeLoitte
and Touche, you come with Arthur Andersen, you come with all of the big eights. I mean...
Mayor Clark: Where are the little guys?
Commissioner Dawkins: ... where are the little guys?
Mr. Herb Bailey: What happened, Commissioner, is that when we go out and solicit proposals,
and we have to evaluate those...
Commissioner Dawkins: All right. Throw these out, and we'll evaluate and we'll solicit more.
Mr. Bailey: But they come in every time, and they qualify, because of their...
Mayor Clark: You got a motion, Commissioner?
Vice Mayor Plummer: What's the motion?
Mr. Bailey: What's the motion?
Commissioner Dawkins: Throw them out, and let's... and go back out again and see if...
Vice Mayor Plummer: Well, you got plenty of time, so that's no problem.
Commissioner Dawkins: Go back out and come back in.
Vice Mayor Plummer: I second. That's on 32, 33, and 34?
Commissioner Dawkins: And 34, yes, sir.
Vice Mayor Plummer: I second the motion.
Commissioner Dawkins: And pretty soon, you guys are going to learn, if they don't respond, go
find them.
Commissioner De Yurre: Mr. Mayor, if I may for a second.
Commissioner Dawkins: Go right ahead.
Mayor Clark: You may.
Commissioner De Yurre: This situation with the CPA firms, and it happens time and time again,
when we have the audit review, and all these big ticket jobs, that we see that it's the Big Six that
117 March 9, 1995
gets it, and then we see a minority, a black CPA, or a Hispanic CPA, you know, hanging onto
that Big Six to get a piece of the action. A lot of times, they don't get the ability to learn the
process, because the Big Sixes don't want them to really learn it, because they want to continue
with these big jobs. But certainly, on these jobs, which are not of the same scale, could we set a
policy, that we would say that we don't want any Big Sixes to be involved in this type of work,
that we can go directly to local small firms in our community?
Mr. Bailey: But they have to be of big eight experience.
Commissioner De Yurre: Is there any problem with that, Mr. City Attorney?
Commissioner Dawkins: Let's hear from...
Mr. Jones: What it's...
Commissioner Dawkins: Let's hear from Mr. Gort.
Mr. Jones: I mean, what you're doing is, I mean, it's a set- aside. I guess it would be consistent
with, if you can justify, and you'd have to justify that minority CPA firms have not gotten a fair
shake. But you'd have to have the data, if you were challenged, to show that there was a reason
for you making a set- aside like that.
Commissioner De Yurre: Well, I would like... I would move that we do whatever it takes to
prepare the set -aside, so that our local minority firms can get these kinds of jobs, which they're
more than capable of performing.
Commissioner Dawkins: Let's hear from Mr. Gort, who does this work every day.
Commissioner De Yurre: Well, he can't get a piece of the action on that.
Commissioner Gort: I want to make sure that whatever firm that we get, that they are qualified,
and they comply with all the requirements that the City has. And I agree with you. I think this is
something that we need to do. You know, in the business that I'm in, a lot of times when I go to
other cities, and I try to compete in other cities, if I'm on business location there, I'm not
allowed to bid at all. And people are being very protective in their own cities, and their own
states. I think we need to start doing the same thing here in Miami.
Mayor Clark: Blame it on Lotto.
Commissioner De Yurre: Well, am I in order, Mr. Mayor, then to make that motion, that we
proceed getting non -Big Sixes to do these jobs?
Mr. Odio: If you would... What we could do is get this firm, and I will make sure that before we
send a contract with them, they have added two minority firms.
Commissioner De Yurre: No, no, I want to get away from that. Cesar, we need to get away
from that concept, because time and time again, the complaint of the small firms is that they do
not get the ability...
Mr.Odio: Fine.
Commissioner De Yurre: They don't get the opportunity to learn, because the bigger firms don't
want them to learn.
118 March 9, 1995
Vice Mayor Plummer: They get a bone.
Mr. Odio: Then can we do this? Then can we do this? Can we just go ahead and give it to a
small firm right now?
Ms. Johnson: They haven't submitted. I just... For the record, there is a minority firm that has
partnered with Ernst and Young on all three proposals.
Commissioner Dawkins: You know, that's the problem. OK? Jesse McCrary has been a partner
on every major bond issue that we have had. OK? With... Who was it, J.L., who is he with?
Holland and Knight. OK? And he has not...
Vice Mayor Plummer: He's not with Holland and Knight.
Commissioner Dawkins: And that's been five years, and Jesse McCrary still is not listed in the
Red Book as a bond counsel.
Commissioner De Yurre: Who is this minority firm that you're talking about?
Ms. Johnson: Watson and Company.
Commissioner De Yurre: Which one is it?
Ms. Johnson: Watson and Company. It's a female -owned. It's Watson and Company.
Vice Mayor Plummer: I thought the motion was to defer.
Commissioner Dawkins: It is.
Vice Mayor Plummer: Then what are we discussing? Are we discussing the deferment?
Commissioner Dawkins: Yes... No, sir.
Ms. Johnson: May I... If I may.
Commissioner Gort: We're only three months away. No, no.
Ms. Johnson: If I may. Could we have at least the selection committees appointed?
Mr. Odio: Well, we'll do this. We'll bring back CPA firms.
Commissioner Gort: Mr. Mayor...
Mr. Odio: And let's appoint the selection committees, at least...
Mayor Clark: All right.
Commissioner De Yurre: Well, that's fine.
Mr. Odio: ... so we can begin to review the proposals.
Commissioner Gort: Mr. Mayor, my understanding is the selection committee is to have a fair
representation of the City. And I've always backed the Administration, but my understanding is
they're coming up with three employees from the City, and people that the Administration
119 March 9, 1995
recommended. I thought we were going to be able to make the decision who to put in the
selection committee.
Mr. Odio: Sure, you can appoint whoever you want.
Ms. Johnson: These are recommendations.
Mr. Odio: We were recommending. We brought to you some names, but you don't have to
appoint them.
Commissioner Gort: OK.
Commissioner Dawkins: Yeah, but you did not give me but one name. Had you been bringing
me a selection, you would have given me ten or 12 names and said, "Here, you got"...
Vice Mayor Plummer: He's talking about CPA firms.
Commissioner Gort: You brought me... How many... We're supposed to have four City...
Mr. Odio: No. Three from the City, and four from the members of the public.
Commissioner Dawkins: And you gave me four members only from the public for me to choose
from.
Mr. Odio: Yeah, but that's our suggestion.
Commissioner Dawkins: Now, if that's not dictating to me what to do, I don't know what is.
Mayor Clark: All right.
Ms. Johnson: Your...
Mr. Odio: No, you don't have to.
Ms. Johnson: At your discretion, we'll take whatever names that you would like to put forward.
Vice Mayor Plummer: You "bet your bippy."
Ms. Johnson: These are names that we selected that... people who are familiar with the projects,
they have experience in the type of development activities being undertaken. They are
recommendations.
Vice Mayor Plummer: Mr. Manager, may I recommend to you, sir, that you have five members,
so that each member of this Commission can appoint one. OK?
Mr. Odio: OK. Put another one.
Ms. Johnson: We're willing to...
Vice Mayor Plummer: And that way, we'll be prepared at the time this matter comes back to
pick the CPA firm, and each one of us will have a member for a selection committee.
Mr. Odio: But we don't have... We need the selection committees in place so we can start
evaluating these proposals. We can delay the CPAs, but I would...
120 March 9, 1995
Vice Mayor Plummer: Excuse me. The master plan I have in my office for the Marine Stadium,
that RFP has already gone out. What is there to evaluate?
Mr. Odio: When they come back...
Vice Mayor Plummer: That's June the 9th.
Ms. Johnson: We need to have the committee in place so that we can...
Vice Mayor Plummer: Before June the 9th?
Ms. Johnson: But they...
Mr. Odio: Don't argue, don't argue. Just... Fine.
Mayor Clark: All right.
Mr. Jones: Mr. Mayor, do you want to vote on the names that have already been proposed?
There were three names that you proposed today. Do you want...
Mayor Clark: No, no. Hold those up. Defer everything.
Mr. Jones: OK.
Mayor Clark: Motion to defer. Cast a unanimous ballot, Madam Clerk.
Commissioner De Yurre: So we're deferring 33, also, and 34?
Vice Mayor Plummer: That's 32, 33, and 34. Right?
Mayor Clark: Now we're on 35.
Commissioner Gort: Mr. Mayor, I apologize for asking so many questions, but I need to ask.
My understanding is, these are to come back on June the 9th.
Mayor Clark: Yeah.
Commissioner Gort: In other words, if we put... It we were to... And I want staff to explain this
to me. If we were to put the committee today, what would you do with the committee?
Ms. Johnson: We would be sending them a copy of the proposal at this time, so they'd become
familiar with the terms of the...
Commissioner Gort: Right.
Ms. Johnson:... and conditions of the UDP (Unified Development Plan) process...
Commissioner Gort: Right.
Ms. Johnson: ... and the development proposals, so that they have time to adequately prepare
themselves.
Commissioner Gort: Supposedly, we're appointing sharp individuals, that they don't need three
months to read this. Is there anything else, any other reason why we need three months?
121 March 9, 1995
Ms. Johnson: Well, we do need to have them set aside the time available, because it will require
probably a week's worth of their time once the proposals come back in. So it is a matter of...
Vice Mayor Plummer: Schedule it for the next meeting.
Ms. Johnson: ... of, of scheduling and familiarity. But it is...
Commissioner Gort: So those are the reasons. OK. Thank you.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-191
A MOTION TO DEFER TO THE NEXT MEETING CONSIDERATION OF
PROPOSED RESOLUTIONS APPOINTING MEMBERS TO REVIEW
COMMITTEES AND SELECTING CERTIFIED PUBLIC ACCOUNTING (CPA)
FIRMS TO EVALUATE PROPOSALS RECEIVED IN CONNECTION WITH: (AG
32) THE MIAMI MARINE STADIUM, (AG 33) CAMPGROUND FACILITIES ON
VIRGINIA KEY, AND (AG 34) MEGA YACHT MARINA ON WATSON ISLAND;
FURTHER INSTRUCTING THE ADMINISTRATION TO REJECT PROPOSALS
RECEIVED FROM MAJOR CPA FIRMS AND BRING BACK PROPOSALS FROM
QUALIFIED, LOCAL, SMALL CPA FIRMS; FURTHER INSTRUCTING THE
ADMINISTRATION TO INSTITUTE A SET -ASIDE POLICY GIVING
PREFERENCE TO QUALIFIED, LOCAL, SMALL, MINORITY (NON-BIG-6) CPA
FIRMS.
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.
122 March 9, 1995
----------------------------------------------------------------------------------------------------------------
43. AUTHORIZE ADMINISTRATION TO WORK IN CONCERT WITH
BONDHOLDERS OF ARENA SQUARE APARTMENTS TO EVALUATE
ALTERNATIVES REGARDING DISPOSITION / REHABILITATION OF 12
BUILDINGS ON SEVEN NON-CONTIGUOUS PARCELS IN THE
OVERTOWN DEVELOPMENT TARGET AREA -- BY STRUCTURING
FINANCIAL INCENTIVES TO ATTRACT NEW PRIVATE SECTOR
INVESTMENT, WITH SPECIFIC PURPOSE OF EFFECTING: (1)
CONVERSION OF 162 UNITS (AT 268 N.W. 11 STREET & 275 N.W. 10
STREET) FROM RENTAL TO HOME -OWNERSHIP UNITS; AND (2)
REHABILITATION AND RE -OCCUPANCY OF 397 OF REMAINING
UNITS -- DIRECT MANAGER TO IDENTIFY / PROVIDE TO
BONDHOLDERS LIST OF PROSPECTIVE FOR -PROFIT AND NOT -FOR -
PROFIT HOUSING DEVELOPERS EXPRESSING INTEREST IN
ACQUISITION / REHABILITATION OF SUBJECT PROPERTIES -- DIRECT
MANAGER TO OBTAIN FINAL APPROVAL TO EFFECTUATE CITY
PARTICIPATION IN THIS MATTER AT APRIL 13, 1995 COMMISSION
MEETING.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 35, is there a motion? Resolution authorizing the Administration to work...
Vice Mayor Plummer: Second.
Ms. Vicky Leiva: Excuse me, Mr....
Mayor Clark: Moved and seconded.
Ms. Leiva: If I may.
Vice Mayor Plummer: Oh. Well, excuse me. I thought...
Ms. Leiva: I need to speak to this issue.
Mr. Cesar Odio (City Manager): What issue?
Mayor Clark: Is that a second?
Vice Mayor Plummer: Hold on. Wait a minute. Somebody wants to speak on it.
Mayor Clark: Arena Square Apartments.
Ms. Leiva: If I may, Mr. Mayor.
Mayor Clark: Yes, ma'am.
Ms. Leiva: We have been working... My name is Vicky Leiva, for the record, and I represent
Colonial Assets, who is currently the bondholders on Arena Square Apartments. You had
authorized the... or had asked the staff to review the possibilities of purchasing these apartments
by the City, and to come back to you with a report. You have before you a resolution that staff
prepared that basically asks for your permission for them to work with us. But I think before you
make any decisions regarding this matter, there are some facts that I need to put on the public
123 March 9, 1995
record. First of all, there is a major concern with these apartments. We are talking about 559
low-income and moderate -income rental apartments in Overtown. My clients had to foreclose
on this property. My clients are a bond fund, and therefore, not in the real estate or development
market. My clients need to sell this property, because of their duties, fiduciary duties to the
members of the fund. If my clients sell this in the general market, there is no assurances or
commitment that the 559 units will continue to be used for low and moderate -income rental
housing in Overtown, which means that 320 families that are now living in these apartments
could be displaced.
Mayor Clark: What do you suggest?
Ms. Leiva: Well, my thought, Mr. Mayor, is that the City needs to become the principal player
in this transaction. In order to assure any subsequent buyer that... or get a commitment from any
subsequent buyer, that they will continue to use these apartments for moderate -income housing.
If we just... If my clients just sell this to the general... to the general... you know, in the open
market, those people who buy have no commitment and are under no duty to continue that type
of housing.
Mr. Odio: What do you mean by "principal player"?
Ms. Leiva: The purchaser.
Mr. Odio: No, we don't want to... I would recommend strongly against purchasing these
buildings. We cannot do this.
Mayor Clark: What about you, Mr....
Mr. Odio: And Herb can expand on that.
Mr. Herb Bailey (Assistant City Manager): Yeah. We... I explained to Ms. Leiva and her
principals in the bond holds. We've been talking about this for two years. And I must say that
when I first talked with them, I thought it would be a good idea. But in further review of our
finances, we can't afford to buy the properties, we can't afford to take it off the tax roll, even
though they made an overture to give us payment in lieu of taxes for a couple of years. What we
have committed to was to be involved with them to solicit buyers for the properties, and there are
people who would buy them, and because of our ability to give financing for rehabbing to do
certain other things with the properties, we think we will be able to help them find a buyer that
would satisfy their needs. We can't buy the properties. We do have some concern about them,
because they are in Overtown, and we are willing to work with them 100 percent, to make sure
something happens. But as a principal buyer, I would not recommend that we do that now. In
fact, I couldn't even tell you where we would get the money to buy them.
Commissioner Dawkins: Where would you get the money from to rehab them? I mean...
Mr. Bailey: From our Home Program. In fact...
Commissioner Dawkins: You know... That's another one of these Gusman Hall deals, where
you're going to give $65,000 for one unit?
Mr. Bailey: No, no. It's not the case.
Commissioner Dawkins: OK. I just want...
Mr. Bailey: It's not the case, Commissioner. See, we have a dilemma. We cannot afford to
have 559 units in Overtown go slum and blighted. We have met with the bondholders, and we
124 March 9, 1995
have met with some of the potential buyers, and we're putting together a package. We're going
to recommend that at least 162 of those units be converted to low-income homeownership, and
they are those on 3rd Avenue between loth and 11th Street, which represents a good candidate
for homeownership. Yes, Commissioner.
Commissioner Dawkins: OK. I hear you, but by the same token, Ms. Leiva cannot suggest to
her clients that they go in and invest money, and lose money.
Mr. Bailey: They're not... We're not asking them to invest any more money. And I feel some
sympathy for her clients. They've gotten a real bad deal. But, you know, that's not our fault.
However, it is our concern, though, where the properties are located, and we're willing to go 100
percent to try to make it work, but we just absolutely cannot buy the properties. We have opted
to put together with her clients a package, and we have five prospective buyers who have already
contacted us, to see if they can move this as quickly as possible, but the private sector will have
to buy them. We will assist in the rehab and any other monies that we can find for them to do
this.
Commissioner Dawkins: But they have to purchase them.
Mr. Bailey: They have ...it has to be purchased by the private sector, yes.
Commissioner Dawkins: OK. OK. Go ahead.
Ms. Leiva: If I may. Number one, the time period that they will be off the tax roll, and in
particular, part of those properties are within the tax increment roll, we have agreed to go ahead
and give the City the monies that they would be actually losing, from removing during the
rehabilitation period, those units from the tax roll. But the greater concern is that there is some
real time constraints to do this. And as a bond fund, my clients have to... They cannot continue
to carry the property with the impositions that are placed by the courts, which add additional
cost. And what Herb is speaking of, the individuals that we thought were interested, in the
private sector, have basically said to us, "All right, tell me what the City is giving us if we agree
to purchase." And this resolution you have before you has no definitive amounts or numbers that
the investors can multiply into their purchase price. So these are open-ended promises from the
City without any type of commitment. So basically, the investors are saying, you know, "That's
wonderful that the City wants to help, but, you know, without a firm commitment from the City
in terms of dollar amount, we can't even consider this issue."
Mayor Clark: Well, he'll tell you, we don't have the money.
Mr. Bailey: May I just say this. I have to respect the fact that she has to be very true to her
clients, but, you know, I work for the City.
Mayor Clark: No money.
Mr. Bailey: And unfortunately, you know...
Mayor Clark: Funds are low.
Mr. Bailey: ... that's a problem that they have, and it's a problem that we're willing to help them
out with, but it's not our problem.
Vice Mayor Plummer: Well, let me ask a question, please.
Mr. Bailey: Yes.
125 March 9, 1995
Vice Mayor Plummet: What is... You say you have five prospective buyers.
Mr. Bailey: We have people who have called and who have an interest...
Vice Mayor Plummer: OK. They've got property that they've got to sell because of foreclosure.
Mr. Bailey: Yes.
Vice Mayor Plummer: Why don't those five prospective buyers, you turn over to them to buy
the property?
Mr. Bailey: They know who they are. We all know who the buyers are. And those buyers are
familiar with our programs, and those buyers... The problem here, really, is that we're making a
better offer. We had made overtures for a better offer, and when we got people from the private
sector who said that it's unfair for the City of Miami to compete with the private sector, and I
agree with that. So we've come together and said, we will do this as a package, and those
private dealers who want to buy this property, we will make it aware to them that we will
provide whatever funds we have for rental assistance or rehab assistance in that neighborhood.
What we need from them, and what we haven't gotten yet is their package, so that we can
complete this process. But in terms of the City becoming the owners of that property, we don't
have the capacity to manage 559 units, in the first place. First, we don't have the dollars. We're
willing to work with them, but their time frame, unfortunately, is their time frame, and I
sympathize with that, and I don't know what we can do about it.
Ms. Leiva: I agree with Mr. Bailey that in terms of the sale price of the property, that is our
problem. But I think that selling it to any one, any one of those five individuals that he has
mentioned, if we do a straight sale to them, those individuals have absolutely no duty to maintain
low or moderate -income housing, and that displaces 300 people in this community, or 300
families, and that is the problem of this community, not of my clients, and that's what I want the
Commission to be very aware of, of that down side.
Mayor Clark: All right. Thank you.
Vice Mayor Plummer: Where are we? I mean...
Mayor Clark: Between 18th and 19th on Chestnut.
Vice Mayor Plummer: I mean, what are we doing? Where are we?
Mr. Bailey: We're recommending, Commissioner, that we just get approval on this resolution to
be an active participant and a partner with them in disposing of this property.
Vice Mayor Plummer: Does that do you any good?
Ms. Leiva: We need to know numbers so that we can tell...
Mr. Bailey: We can't give them numbers.
Ms. Leiva:... so that we can tell.
Mr. Bailey: We can't give them numbers. No numbers.
Vice Mayor Plummer: You mean, you're asking for numbers as to how many units you'll
participate with? Is that what you...
126 March 9, 1995
Ms. Leiva: Up to a certain amount that the City will give in the loans to the rehab people, when
they come in and ask the City. They need to know. The people who are interested need to know
how much rehab money is going to be there, up to a certain amount. They don't need to know
an exact figure.
Vice Mayor Plummer: Well, excuse me. You should know how much money you have
available for rehab.
Mr. Bailey: No, Commissioner, we don't know that, because each buyer will have a different
kind of projection as to what they're going to do.
Vice Mayor Plummer: No, no, no. Excuse me. How much is the pool that is totally available
for rehab? Is it $100,000? $200,000?
Mr. Bailey: No. We have about a million and -a -half.
Vice Mayor Plummer: OK. I think that's the answer that she should understand.
Mr. Bailey: But we've already assured her that we have rehab money available, but each
package will be different, depending on who the successful buyer is. We don't know who that
person is. I can't put a set of numbers together that will satisfy five different people.
Ms. Leiva: No...
Vice Mayor Plummer: But, Vicky, can't you go to your buyers or go to these potential people
and say to them, "Hey, the City has a million plus dollars for rehab, it will be determined on a
case basis"? I don't know how else you can do it.
Ms. Leiva: If that is part of this resolution, that would be very positive, Commissioner, but
that's not part of this resolution.
Mr. Bailey: It doesn't have to be a part of the resolution. That is a program that has already
been passed by this Commission, and it's available.
Vice Mayor Plummer: Yeah, but she wants... Is any... Herb, is there any harm in saying it?
Mr. Bailey: Yes, because, Commissioner, before the buyers get here, I might have three more
people who get here before them.
Vice Mayor Plummer: I didn't say that it's allocated and restricted for her buyers. We have
$1,000,000 of rehabilitation money available.
Mr. Odio: That they can apply for, like anybody else.
Vice Mayor Plummer: That's right.
Mr. Bailey: Anybody else. First come, first serve.
Mr. Odio: If you put it that way, I...
Vice Mayor Plummer: That's right.
Mr. Odio: ... that they can apply for, like anyone else.
127 March 9, 1995
Vice Mayor Plummer: Exactly.
Commissioner Dawkins: We're not reserving it for nobody.
Mr.Odio: Exactly.
Commissioner Dawkins: First come, first serve.
Mr. Bailey: Absolutely. First come, first serve.
Mr.Odio: Exactly.
Vice Mayor Plummer: All I'm saying is, there's a pool...
Commissioner Dawkins: Well, then, no. What we're saying is, first come, first serve.
Vice Mayor Plummer: I have no problem with that.
Commissioner Dawkins: That's all we're saying.
Ms. Leiva: But that's always been the program, and then this resolution doesn't apply anything.
Mr. Odio: That's why you don't need to put it in the resolution.
Mayor Clark: Wait a minute. Just relax a minute.
Vice Mayor Plummer: I'm trying.
Mayor Clark: Somebody move this motion. We're going to cooperate to the tune of a million
dollars up front?
Vice Mayor Plummer: No, no. That's not the motion.
Commissioner Gort: No, no, no.
Vice Mayor Plummer: No. The motion is, is that we cooperate and let it be known that on a
first come, first serve basis, that there is at least a million dollars plus for rehabilitation.
Mayor Clark: OK.
Vice Mayor Plummer: That's the motion I offer. I don't know how else...
Commissioner Dawkins: But it's not... There's not a million dollars for one unit.
Mayor Clark: No.
Vice Mayor Plummer: I didn't say that. There's available.
Commissioner Dawkins: OK. But, you see... But I've been here long enough to know you have
to spell out what you say.
Vice Mayor Plummer: I spelled it out.
128 March 9, 1995
Mayor Clark: Call the roll.
Commissioner Dawkins: OK. All right, then. I'm aware of that. OK. See, I don't want her to
leave here and go tell her tenants she's got a million dollars, because that's what she hears.
Vice Mayor Plummer: She didn't get it.
Commissioner Dawkins: But it's not a million dollars for one unit.
Mayor Clark: OK.
Vice Mayor Plummer: She didn't get it.
Commissioner Dawkins: Call the roll.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-192
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
ADMINISTRATION TO WORK IN CONCERT WITH THE BONDHOLDERS OF
ARENA SQUARE APARTMENTS TO EVALUATE ALTERNATIVES REGARDING
THE DISPOSITION AND/OR REHABILITATION, IN WHOLE OR PART, OF
TWELVES (12) BUILDINGS ON SEVEN (7) NON-CONTIGUOUS PARCELS IN
THE OVERTOWN DEVELOPMENT TARGET AREA (MORE PARTICULARLY
IDENTIFIED IN ATTACHED EXHIBIT "A"), BY STRUCTURING FINANCIAL
INCENTIVES TO ATTRACT NEW PRIVATE SECTOR INVESTMENT WITH THE
SPECIFIC PURPOSE OF EFFECTING THE CONVERSION OF ONE -HUNDRED
AND SIXTY-TWO (162) UNITS (LOCATED AT 268 N.W. 11TH STREET AND 275
N.W. 10TH STREET) FROM RENTAL TO HOME -OWNERSHIP UNITS AND THE
REHABILITATION AND RE -OCCUPANCY OF AS MANY AS THREE -HUNDRED
AND NINETY-SEVEN (397) OF THE REMAINING UNITS; DIRECTING THE CITY
MANAGER TO IDENTIFY AND PROVIDE TO THE BONDHOLDERS A LIST OF
PROSPECTIVE FOR -PROFIT AND NOT -FOR -PROFIT HOUSING DEVELOPERS
EXPRESSING INTEREST IN THE ACQUISITION AND/OR REHABILITATION OF
THE SUBJECT PROPERTIES, FURTHER DIRECTING THE CITY MANAGER TO
OBTAIN FINAL APPROVAL TO EFFECTUATE CITY PARTICIPATION IN THIS
MATTER AT THE APRIL 13, 1995 COMMISSION MEETING.
129 March 9, 1995
N
(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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Commissioner Victor De Yurre
Vice Mayor Plummer: Excuse me. I have to ask Mrs. Leiva, by the Manager's question, would
you like to sell the property for $875,000?
Ms. Leiva: No, sir.
Vice Mayor Plummer: The answer is no. Thank you, Ms. Leiva.
----------------------------------------------------------------------------------------------------------------
44. ACCEPT BID: CEDARVILLE MANUFACTURING -- FOR FURNISHING
TWENTY 1 CUBIC YARD BUCKETS -- FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION & SOLID WASTE -- ALLOCATE $123,500
FROM CIP PROJECT 353010.
Vice Mayor Plummer: I move 37.
Mayor Clark: Thirty-seven.
Commissioner Dawkins: Are we... I second it. I...
Vice Mayor Plummer: I moved item 37.
Commissioner Dawkins: I seconded it, and under discussion. Are we going to pay for this with
the money you got for selling the scrap equipment the other day?
Mr. Ron Williams (Assistant City Manager): Turn it... Yeah. Yes, we can pay for that.
Commissioner Dawkins: All right. Then this money goes back in the CIP (Capital
Improvements Project).
Mr. Cesar Odio (City Manager): OK. No problem.
Commissioner Dawkins: No further questions.
Mr. Williams: It is available though.
130
March 9, 1995
Mayor Clark: Thirty-eight... Motion and a second. Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-193
A RESOLUTION ACCEPTING THE BID OF CEDARVILLE MANUFACTURING
FOR THE FURNISHING OF TWENTY (20) 1 CUBIC YARD BUCKETS AT A
TOTAL PROPOSED AMOUNT OF $123,500.00 FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, ALLOCATING
FUNDS THEREFOR FROM THE C.I.P., ACCOUNT CODE NO. 49402-850,
PROJECT NO. 353010; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
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.
----------------------------------------------------------------------------------------------------------------
45. ACCEPT BID: KILPATRICK TURF EQUIPMENT -- FOR FURNISHING
THREE SEVEN GANG MOWERS -- FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION & SOLID WASTE, FLEET MANAGEMENT
DIVISION -- ALLOCATE $124,794.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty-eight.
Vice Mayor Plummer: I'll move it. It's an expensive lawn mower, but I'll move it.
Commissioner Dawkins: It's three of them, too. Very expensive.
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Sixty thousand dollars for a lawn mower.
Vice Mayor Plummer: No, $40,000.
Mr. Cesar Odio (City Manager): We... Yeah, we need this.
131 March 9, 1995
Commissioner Dawkins: OK. Second.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-194
A RESOLUTION ACCEPTING THE BID OF KILPATRICK TURF EQUIPMENT
FOR THE FURNISHING OF THREE (3) SEVEN GANG MOWERS AT A TOTAL
PROPOSED AMOUNT OF $124,794.00 FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE/FLEET MANAGEMENT
DIVISION; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
429901-850-331370; 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 Dawkins, 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
----------------------------------------------------------------------------------------------------------------
46. AUTHORIZE LEASE / PURCHASE OF 100 1995 CHEVROLET
CAVALIERS -- FROM MAROONE CHEVROLET, TO BE ACQUIRED
THROUGH 36-MONTH LEASE / PURCHASE PLAN OFFERED BY A
FINANCIAL INSTITUTION -- FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION & SOLID WASTE -- ALLOCATE $1,109,500.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty-nine.
Vice Mayor Plummer: On 39, I'm going to move it, but, Mr. Mayor, I still wonder why all of
the cars that we confiscate under the Police Department, why we're not using those cars for
these...
Mr. Cesar Odio (City Manager): We're using the ones that we can. This is the general fleet that
has been now eight... How many years, Mr. Williams? Ten years, at least.
Mr. Ron Williams (Assistant City Manager): Ten years.
Mayor Clark: Terrible.
132 March 9, 1995
Mr. Odio: The general fleet has not been replaced in ten years.
Vice Mayor Plummer: And these are all compacts.
Commissioner Gort: This is for general employees?
Mr. Odio: Yes, sir, for inspectors...
Commissioner Dawkins: All right. Now, what is the methodology for expediting this? Because
I don't want to come here June the 30th...
Mr. Odio: They'll be here.
Commissioner Dawkins: No, no, no. Give me the timetable when I can drive the first one.
Mr. Williams: April 1st.
Commissioner Dawkins: OK. April 1st, bring one out here so the Commissioners can see it.
Mr. Odio: Oh, that's...
Mr. Williams: That will probably be just one for you, Commissioner. The rest of them won't be
until early June, but we'll start getting them, we're certain, the 1st of April.
Commissioner Dawkins: See what I'm talking... See why I have to go to the Ethics Committee,
Mr. Mayor?
Mr. Odio: Be careful. April 1st is Fool's Day, so...
Commissioner Dawkins: Well, let's try to expedite this, please.
Mr. Odio: Yeah, we want to.
Mr. Williams: We certainly will.
Commissioner Dawkins: OK. Thank you.
Mayor Clark: Motion and a second. Cast a unanimous ballot, Madam Clerk.
133 March 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-195
A RESOLUTION AUTHORIZING THE LEASE/PURCHASE OF ONE HUNDRED
(100) 1995 CHEVROLET CAVALIERS FROM MAROONE CHEVROLET AT A
PROPOSED AMOUNT OF $1,109,500.00, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION/SOLID WASTE; SAID VEHICLES TO BE
ACQUIRED THROUGH A 36-MONTH LEASE/PURCHASE PLAN OFFERED BY A
FINANCIAL INSTITUTION; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE
OPERATING BUDGET, ACCOUNT CODE NO. 420902-880-509000;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE
VEHICLES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
------------------------------------------ --------------------------------------------------------------------
47. ESTABLISH LIST OF LAW FIRMS QUALIFIED TO PROVIDE BOND
COUNSEL SERVICES: (1) ADORNO & ZEDER, P.A.; (2) ECKERT,
SEAMANS, CHERNIN & MALLOTT; (3) GREENBERG, TRAURIG,
HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A.; (4) HALEY, SINAGRA &
PEREZ, P.A. (AS MINORITY FIRM TO BE PAIRED WITH SENIOR BOND
COUNSEL); (5) HOLLAND & KNIGHT; (6) McCRARY & MOSLEY (AS
MINORITY FIRM TO BE PAIRED WITH SENIOR BOND COUNSEL); (7)
MERSHON, SAWYER, JOHNSTON, DUNWODY & COLE; (8) MITRANI,
RYNOR & GALLEGOS, P.A. / NIXON, HARGRAVE, DEVANS & DOYLE,
MIAMI JOINT VENTURE; (9) RUDEN, BARNETT, McCLOSKY, SMITH,
SCHUSTER & RUSSELL, P.A.; (10) SQUARE, SANDERS & DEMPSEY;
AND (11) WHITE & CASE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 40.
Vice Mayor Plummer: Mr. Mayor, I'll move the recommendations of the Manager, or whoever,
the law firms. Here we have four firms listed, correct?
134 March 9, 1995
A. Quinn Jones, III, Esq. (City Attorney): It was only... It was only... There were... There are a
total of 11 firms. There was only one firm that responded that was deemed nonresponsive.
You've got two minority firms here who asked to be included, and didn't feel comfortable being
major... handling major deals, but they wanted to be a part of this as secondary.
Commissioner Dawkins: Who are they? Who are they?
Mr. Jones: The minority firms would be McCrary and Mosley.
Commissioner Dawkins: Cancel him out and don't put him on nothing. If he don't have enough
faith in himself to go now, and he's been there five years, let him... Don't put him on nothing.
Mr. Jones: And Haley... Haley, Sinagra and Perez.
Vice Mayor Plummer: All right. I'll... How many are we supposed to name out of the 11?
Mr. Jones: No. What you're doing here is, you're approving the list.
Mayor Clark: That's the list.
Mr. Jones: So what happens, when we have future bond issuances, and if they're interested in
bidding on the work, they'll bid on the work.
Vice Mayor Plummer: I move the 11 firms that's listed.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-196
A RESOLUTION ESTABLISHING A LIST OF LAW FIRMS QUALIFIED TO
PROVIDE BOND COUNSEL SERVICES TO 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 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.
135 March 9, 1995
----------------------------------------------------------------------------------------------------------------
48. AUTHORIZE PURCHASE OF MICROCOMPUTERS, PRINTERS, BOARDS
AND PERIPHERAL EQUIPMENT AND SOFTWARE FROM VARIOUS
VENDORS -- UTILIZE: (1) STATE OF FLORIDA CONTRACT NO. 250-
040/93-1; AND (2) DADE COUNTY CONTRACTS NUMBERS 1059-10/93-
OTR-CW AND 1941-2-96-OTR-CW -- FOR DEPARTMENT OF
MANAGEMENT OF BUDGET -- ALLOCATE $300,000 FROM VARIOUS
CITY DEPARTMENTS, AT TIME OF NEED.
Mayor Clark: Item 41. Moved by Mr....
Vice Mayor Plummer: No, wait a minute, hold on. They want to make another request.
Commissioner Dawkins: Second.
Mr. Marto Surana: Mayor, I'd like to increase that amount to $300,000.
Mr. Cesar Odio (City Manager): We are computerizing the City as much as we can.
Mr. Surana: Finance and Police.
Commissioner Dawkins: Hold it, hold it, hold it. Please, Mr. Mayor, may I, please?
Mayor Clark: Yes, sir.
Commissioner Dawkins: You told me that you are purchasing the Florida Power & Light
Building.
Mr. Odio: Right.
Commissioner Dawkins: You also told me that there was no need for computers or anything in
the Florida Power & Light Building.
Mr. Odio: No. This has got nothing to do with...
A. Quinn Jones, III, Esq. (City Attorney): The wiring. It's got to do with the wiring.
Commissioner Dawkins: And now, all of a sudden, today, you're going to spend another
$100,000 in computers, which you say you do not need to go into the Florida Power & Light
Building.
Vice Mayor Plummer: Three hundred thousand.
Commissioner Dawkins: Come on.
Mr. Surana: Commissioner, you need the computers, no matter where you go, and these are the
computers which are broken down. We had to replace them. We cannot do our job.
Vice Mayor Plummer: Did you go see Commissioner Dawkins before the meeting? Then you
deserve to be deferred. I move that this item be...
136 March 9, 1995
l
Mr. Odio: Wait, wait, wait a minute, Commissioner, before you do that.
Mr. Surana: I did. I did. We got a question... FP and... OK. FP&L is not going to give us a
computer.
Commissioner Dawkins: It doesn't matter, J.L. I'm sorry, Mr. Mayor. If we pass this today, on
June the 12th, they'll have another $500,000 in computers, and where they're putting them, I
don't know.
Vice Mayor Plummer: Excuse me. This is being asked for $300,000.
Mr. Surana: No, I'm not...
Mr. Odio: Commissioner, let me explain something. Please, Commissioner, let me explain.
Mr. Surana: I'm not coming back. I'm not coming back. It's only...
Mayor Clark: What's that...
Mr. Odio: Wait, wait a minute, Mano. What I said about the Florida Power & Light Building is
that we do not have to put wiring.
Vice Mayor Plummer: That's only an "O.J."
Mr. Jones: The wiring is already in place.
Mr. Surana: Wiring. We save a lot of money in there.
Mr. Odio: What we're saving in the FP&L building is the wiring that is in place.
Mr. Jones: Which is much more expensive than the hardware.
Mr. Odio: It's much more expensive than what we're buying here.
Commissioner Dawkins: OK. You brought it up.
Vice Mayor Plummer: We ain't bought the FP&L Building yet.
Commissioner Dawkins: You brought it up, I didn't. Didn't you say that you were going to
privatize the Computer Department?
Mr. Odio: We are looking at that.
Commissioner Dawkins: So what are you going to buy computers for?
Mr. Surana: But we still need a computer in...
Mr. Odio: Because this is for the employees.
i
Mr. Surana: ... Budget, Finance
Commissioner Dawkins: No, but... Call the roll, Mr. Mayor, because this... I
137 March 9, 1995
Vice Mayor Plummer: Now, wait a minute, now.
Mr. Surana: OK.
Vice Mayor Plummer: Call the roll on what? The 120 that's here, or the 300 they're asking tor?
Mr. Surana: We need 300.
Vice Mayor Plummer: They're asking for 300.
Mr. Odio: We need the $300,000, to be able to... everybody in the City can become
computerized.
Mr. Surana: Implement accounting system.
Mayor Clark: Motion for 300,000 on this item.
Commissioner Dawkins: Second.
Mayor Clark: Call the roll.
Vice Mayor Plummer: Well, what... Excuse me. What is the motion?
Mayor Clark: Three hundred thousand.
Vice Mayor Plummer: OK.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-197
A RESOLUTION AUTHORIZING THE PURCHASE OF MICROCOMPUTERS,
PRINTERS, BOARDS AND PERIPHERAL EQUIPMENT AND SOFTWARE FROM
VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT NO. 250-040-
93-1 AND METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-10/93-OTR-
CW AND 1941-2/96-OTR-CW, FOR THE DEPARTMENT OF MANAGEMENT AND
BUDGET, IN THE AMOUNT OF $300,000; ALLOCATING FUNDS THEREFOR
FROM THE BUDGETS OF THE VARIOUS CITY DEPARTMENTS THAT WILL
ACQUIRE THE NEW EQUIPMENT; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID
ACQUISITION.
138 March 9, 1995
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: What a way to run an airline!
Mr. Odio: The computers you have in your office can save $200,000.
------------------------- ------------------------------------------------------------------ ---------------------
49. RESCIND 94-736 (WHEREBY RESURFACING OF FIVE TENNIS AND
BASKETBALL COURTS IN GIBSON PARK BY AGILE COURTS
CONSTRUCTION COMPANY, INC. WAS AUTHORIZED) -- AUTHORIZE
RESURFACING OF FIVE TENNIS AND BASKETBALL COURTS IN
GIBSON PARK -- FOR DEPARTMENT OF PARKS & RECREATION
(UNDER EXISTING DADE COUNTY CONTRACT 1153-0/95) -- BY AAA
COURTS, INC. -- ALLOCATE $15,805 FROM CIP 331341.
Mayor Clark: Item 42.
Vice Mayor Plummer: Move it.
Commissioner De Yurre: Second.
Commissioner Dawkins: What is 42?
Mayor Clark: Five courts at Gibson Park, repave it.
Vice Mayor Plummer: I move 43.
Mayor Clark: Cast a unanimous ballot on 42, Madam Clerk.
139 March 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-198
A RESOLUTION RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 94-736,
ADOPTED OCTOBER 27, 1994, WHEREBY THE RESURFACING OF FIVE TENNIS
AND BASKETBALL COURTS IN GIBSON PARK BY AGILE COURTS
CONSTRUCTION COMPANY, INC. WAS AUTHORIZED; APPROVING THE
RESURFACING OF FIVE TENNIS AND BASKETBALL COURTS IN GIBSON
PARK FOR THE DEPARTMENT OF PARKS AND RECREATION, UNDER
EXISTING DADE COUNTY CONTRACT NO. 1153-0/95, BY AAA COURTS, INC.,
AT A TOTAL PROPOSED AMOUNT OF $15,805.00; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 331341, ACCOUNT
CODE NO. 589301-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
140 March 9, 1995
-----------------------'-----------------------------------------------------------------------------------------
50. RESCIND 94-735 (WHEREBY RESURFACING OF BASKETBALL COURT
IN EATON PARK BY AGILE COURTS CONSTRUCTION COMPANY, INC.
WAS AUTHORIZED) -- APPROVE RESURFACING OF BASKETBALL
COURT IN EATON PARK -- FOR DEPARTMENT OF PARKS &
RECREATION (UNDER EXISTING DADE COUNTY CONTRACT 1153-
0/95) -- BY AAA COURTS, INC. -- ALLOCATE $11,311 FROM CIP 331361.
Mayor Clark: Forty-three.
Commissioner De Yurre: Second.
Vice Mayor Plummer: I moved it.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-199
A RESOLUTION RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 94-735,
ADOPTED OCTOBER 27, 1994, WHEREBY THE RESURFACING OF A
BASKETBALL COURT IN EATON PARK BY AGILE COURTS CONSTRUCTION
COMPANY, INC. WAS AUTHORIZED; APPROVING THE RESURFACING OF A
BASKETBALL COURT IN EATON PARK FOR THE DEPARTMENT OF PARKS
AND RECREATION, UNDER EXISTING DADE COUNTY CONTRACT NO. 1153-
0/95, BY AAA COURTS, INC., AT A TOTAL PROPOSED AMOUNT OF $11,311.00;
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NO. 331361, ACCOUNT CODE NO. 589301-860; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
141 March 9, 1995
----------------------------------------------------------------------------------------------------------------
51. AUTHORIZE RESURFACING / INSTALLATION OF BASKETBALL AND
TENNIS COURTS AT HENDERSON PARK -- BY AAA COURTS, INC. --
FOR DEPARTMENT OF PARKS & RECREATION (UTILIZING DADE
COUNTY CONTRACT 1153-0/95) -- ALLOCATE $23,625.46 FROM CIP
331356.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I move 44.
Mayor Clark: Forty-four. Unanimous ballot on 44.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-200
A RESOLUTION AUTHORIZING THE RESURFACING AND INSTALLATION OF
THE BASKETBALL AND TENNIS COURTS AT HENDERSON PARK BY AAA
COURTS, INC., FOR THE DEPARTMENT OF PARKS AND RECREATION AT A
TOTAL PROPOSED AMOUNT OF $23,625.46 UTILIZING DADE COUNTY
CONTRACT NO. (1153-0-95); ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROJECT NO. 331356, ACCOUNT CODE NO. 589301-
830; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A 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 De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
142 March 9, 1995
----------------------------------------------------------------------------------------------------------------
52. AUTHORIZE CONTINUED FINANCING OF PROTRACTED, COMPLEX
INVESTIGATIONS -- ALLOCATE $350,000 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
Vice Mayor Plummer: Mr. Mayor, on 45, I will move it for the Police Department, but after the
investigations are closed, they must give us a full accounting of how that money was spent. I
move it under those circumstances.
Mayor Clark: Did you hear that?
Commissioner Dawkins: OK. Tell me... Tell... OK. Under discussion.
Lt. Joseph Longueira: Yes, sir.
Commissioner Dawkins: What is this?
Lt. Longueira: Commissioner, when we get complex undercover investigations, these funds
allow us to conduct that investigation, from buying special equipment, to renting equipment, to
using "buy money" for informants, and at this time, we have multiple investigations that are very
lengthy and very...
Mayor Clark: Sensitive.
Lt. Longueira: ... complex. OK? That's why it's called complex protracted investigations.
OK? And that's what this money is for. It's for undercover type investigations.
Commissioner Dawkins: Thank you.
Vice Mayor Plummer: With the proviso that once the investigations are completed, you must
give us a full detail of how the money was spent.
Lt. Longueira: Yes.
Vice Mayor Plummer: I move it.
Mayor Clark: Cast a unanimous ballot, Madam Clerk, of those present.
143 March 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-201
A RESOLUTION AUTHORIZING THE CONTINUED FINANCING OF
PROTRACTED, COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO
EXCEED $350,000, AND ALLOCATING FUNDS THEREFOR, FROM THE CITY OF
MIAMI 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.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
-- -------------------------------------------------------------------------------------------------------------
53. ACCEPT BID: MIRI CONSTRUCTION, INC. -- FOR LOCAL DRAINAGE
PROJECT E-71 B-5612 -- ALLOCATE FUNDS FROM CIP 352231 ($362,420
TO COVER CONTRACT COST AND $59,274 TO COVER ESTIMATED
EXPENSES, FOR ESTIMATED TOTAL COST OF $421,694) -- EXECUTE
CONTRACT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I move, I assume, 46.
Commissioner De Yurre: Second.
Mayor Clark: Item 46. Moved by Mr. Plummer, seconded by Mr. De Yurre. All in favor of the
motion, signify by saying "aye;" opposed, like sign. So ordered.
144 March 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-202
A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION, INC. IN THE
PROPOSED AMOUNT OF $362,420.00, TOTAL BID OF THE PROPOSAL, FOR
"LOCAL DRAINAGE PROJECT E-71 B-5612"; ALLOCATING FUNDS THEREFOR
FROM PROJECT NO. 352231 AS APPROPRIATED BY THE 1994-1995 CAPITAL
IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, IN THE AMOUNT OF
$362,420.00 TO COVER THE CONTRACT COST AND $59,274.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $421,694.00;
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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
----------------------------------------------------------------------------------------------------------------
54. ACCEPT BID: ROYAL ENGINEERING CONSTRUCTIONS, INC. -- FOR
CITYWIDE SIDEWALK REPLACEMENT PROJECT - PHASE 9 (SECOND
BIDDING) B-4571 -- ALLOCATE FUNDS FROM CIP 341175 ($339,750 TO
COVER CONTRACT COST AND $39,424 TO COVER ESTIMATED
EXPENSES, FOR ESTIMATED TOTAL COST OF $379,174) -- EXECUTE
CONTRACT.
Mayor Clark: Item 47.
Vice Mayor Plummer: Move 47.
Commissioner De Yurre: Second.
Mayor Clark: OK contract. Is that a second?
Commissioner De Yurre: Second.
Mayor Clark: With no exception, cast a unanimous ballot.
145 March 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-203
A RESOLUTION ACCEPTING THE BID OF ROYAL ENGINEERING
CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $339,750.00 TOTAL BID
OF THE PROPOSAL, FOR "CITYWIDE SIDEWALK REPLACEMENT PROJECT -
PHASE 9 (SECOND BIDDING) B-457111; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 341175 AS APPROPRIATED BY THE FISCAL YEAR 1994-95
CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, IN THE
AMOUNT OF $339,750.00 TO COVER THE CONTRACT COST AND $39,424.00 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$379,174.00; 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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
----------------------------------------------------------------------------------------------------------------
55. ACCEPT BID: P.N.M. CORPORATION -- FOR N.E. 2 AVENUE
BEAUTIFICATION PROJECT B-4573 -- ALLOCATE FUNDS FROM 19TH
YEAR CDBG PROJECT 704402 ($90,791 TO COVER CONTRACT COST
AND $15,077.82 TO COVER ESTIMATED EXPENSES, FOR ESTIMATED
TOTAL COST OF $105,869.32) -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 48.
Vice Mayor Plummer: I'll move 48, but I wonder if there's any other firm in this town that gets
as much work as they do out of this City.
Commissioner Dawkins: No way. They sure don't... There isn't.
Vice Mayor Plummer: They get more... You know, someday, we're going to have to look into
that.
Commissioner De Yurre: Second.
146 March 9, 1995
Vice Mayor Plummer: OK.
Mr. Cesar Odio (City Manager): We sent out 250 invitations.
Commissioner Dawkins: It does not matter, Mr. Mayor. If the contract does not go to P.N.M., it
goes to Vidal.
Vice Mayor Plummer: That's it.
Mr. Odio: No, no, and you forget another one, Miri.
Commissioner Dawkins: Who?
Mr. Odio: Miri.
Commissioner Gort: Where are we at?
Vice Mayor Plummer: We're on 48.
Mr. Odio: It seems that they do.
Commissioner De Yurre: We have a motion and a second, Mr. Mayor.
Vice Mayor Plummer: I've already moved 48.
Mayor Clark: Cast a unanimous ballot on that.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-204
A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN THE
PROPOSED AMOUNT OF $90,791.50 TOTAL BID OF THE PROPOSAL, FOR "N.E.
2 AVENUE BEAUTIFICATION PROJECT B-4573"; ALLOCATING FUNDS
THEREFOR FROM THE 19TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, PROJECT NO. 704402 IN THE AMOUNT OF $90,791.50 TO
COVER THE CONTRACT COST AND $15,077.82 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $105,FJ9.32; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRA C- , IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
147 March 9, 1995
(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.
----------------------------------------------------------------------------------------------------------------
56. ACCEPT BID: VILA & SON LANDSCAPING CORP. -- FOR BISCAYNE
BOULEVARD MASTER LANDSCAPING PLAN (SECOND BIDDING) 13-
4549 -- ALLOCATE FUNDS FROM 19TH YEAR CDBG PROJECT 701204
($56,919.80 TO COVER CONTRACT COST AND $16,564 TO COVER
ESTIMATED EXPENSES, FOR ESTIMATED TOTAL OF $73,483.80) --
EXECUTE CONTRACT.
Vice Mayor Plummer: I move 49.
Commissioner De Yurre: Second.
Commissioner Dawkins: Here's one now here, Vila and Sons. Vila gets $56,000. I mean,
these...
Vice Mayor Plummer: Yep, every time you turn around.
Commissioner Dawkins: These are the only three names that show up on these contracts.
Mayor Clark: OK.
148 March 9, 1995
r.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-205
A RESOLUTION ACCEPTING THE BID OF VILA & SON LANDSCAPING CORP. IN THE
PROPOSED AMOUNT OF $56,919.80, TOTAL BID OF THE PROPOSAL, FOR "BISCAYNE
BOULEVARD MASTER LANDSCAPING PLAN (SECOND BIDDING) B-45491t;
ALLOCATING FUNDS THEREFOR FROM THE 19TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, PROJECT NO. 701204 IN THE AMOUNT OF $56,919.80 TO COVER
THE CONTRACT COST AND $16,564.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $73,483.80; 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.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Number 50.
Vice Mayor Plummer: It's the way that the bid is written, I bet you.
Mr. Cesar Odio (City Manager): OK. Wait. Let me say something for the record. P.N.M....
A. Quinn Jones, III, Esq. (City Attorney): We're on 49.
Mr. Odio: P.N.M. was third place, and because of the ten percent City... being in the City business, he got
it. So...
Vice Mayor Plummer: I have no problem with that, but Mr. Man...
Mr. Odio: You have to change that, then.
Vice Mayor Plummer: Mr. Manager, what I've got a problem with, this town is full of contractors.
Commissioner Dawkins: OK. Well, if they are doing all this work all year long, they are no longer small,
and what have you.
Mr. Odio: No, no. It's City preference, Commissioner. City preference, because they are...
Commissioner Dawkins: OK. No problem, no problem.
Vice Mayor Plummer: I want them to have a City preference, but there's a lot of other contractors in the
City.
149 March 9, 1995
Mayor Clark: Please.
--------------------------- --------------------------------- ----------------------------------------------------
57. ACCEPT BID: RONLO, INC. -- FOR PROJECT: HEAVY EQUIPMENT FACILITY
PARKING LOT - PHASE I (SECOND BIDDING) B-4580 -- ALLOCATE FUNDS FROM
CIP PROJECT 311018 ($69,086.10) AND PROJECT 311030 ($122,819.72) ($163,196.50
TO COVER CONTRACT COST AND $28,709.32 TO COVER ESTIMATED EXPENSES,
FOR ESTIMATED TOTAL OF $191,905.82) -- EXECUTE CONTRACT.
Commissioner Dawkins: OK, 50.
Mayor Clark: Item 50.
Vice Mayor Plummer: I move 50.
Commissioner De Yurre: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-206
A RESOLUTION ACCEPTING THE BID OF RONLO, INC. IN THE PROPOSED AMOUNT OF
$163,196.50, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "HEAVY
EQUIPMENT FACILITY PARKING LOT - PHASE I (SECOND BIDDING) B-4580";
ALLOCATING FUNDS THEREFOR FROM PROJECT NOS. 311018 ($69,086.10) AND 311030
($122,819.72), AS APPROPRIATED BY THE FISCAL YEAR 1994-95 CAPITAL
IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED IN THE AMOUNT OF $163,196.50
TO COVER THE CONTRACT COST AND $28,709.32 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $191,905.82; 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.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
150 March 9, 1995
I
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of March, 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 11:53 a.m. by Mayor Stephen P. Clark with the following
members of the Commission found to be present:
ALSO PRESENT:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
----------------------------------------------------------------------------------------------------------------
58. GRANT SPECIAL EXCEPTION TO ALLOW INSTALLATION OF DRIVE-IN
FACILITIES AT A FINANCIAL INSTITUTION AT 102 N.W. 37 AVENUE, WITH
CONDITIONS, AND SUBJECT TO REVIEW AFTER ONE YEAR. (Applicant: S.E.S.
Investment, Inc.)
Commissioner De Yurre: PZ-1.
Vice Mayor Plummer: We're now on PZ-1. Mr. Mayor, I asked that to be withdrawn at the last meeting.
Commissioner Dawkins: Second. Let's go. Second. Go to item PZ-2.
Vice Mayor Plummer: I move PZ-1 with the following proviso: That we have a one-year review.
Commissioner Dawkins: You said you withdraw it.
Mayor Clark: What?
Commissioner Dawkins: He said "withdrawn."
151 March 9, 1995
4
Commissioner De Yurre: Second.
Mayor Clark: No, these are PZs.
Mr. Cesar Odio (City Manager): I can't believe it.
Vice Mayor Plummer: PZ-1. I move it, and PZ-2, with a one-year review.
Commissioner De Yurre: Second.
Mayor Clark: All right.
Commissioner Dawkins: What... Who touched you?
Vice Mayor Plummer: What? I did.
Commissioner Dawkins: OK. No problem.
A. Quinn Jones, III, Esq. (City Attorney): Madam Clerk, we ought to have a separate roll call on
them.
Mayor Clark: All right. Call the roll, Madam Clerk.
Mr. Jones: PZ-1.
Mayor Clark: PZ-1.
Ms. Matty Hirai (City Clerk): PZ-1.
Mayor Clark: Call the roll.
152 March 9, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-207
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO
GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000 AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED
COMMERCIAL, PERMITTED PRINCIPAL USES, TO ALLOW THE
INSTALLATION OF DRIVE-IN FACILITIES AT A FINANCIAL INSTITUTION,
LOCATED AT 102 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), PER PLANS ON FILE, ZONED C-1
RESTRICTED COMMERCIAL, SUBJECT TO THE CONDITIONS OF THE
PLANNING DIVISION OF THE PLANNING, BUILDING AND ZONING
DEPARTMENT AS SET FORTH HEREIN, AND SUBJECT TO A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED, AND FURTHER SUBJECT TO A REVIEW BY THE CITY
COMMISSION ONE YEAR FROM THE DATE OF THE ISSUANCE OF THE
CERTIFICATE OF OCCUPANCY FOR THE DRIVE-IN FACILITIES.
(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.
153 March 9, 1995
i1a,
----------------------------------------------------------------------------------------------------------------
59. GRANT SPECIAL EXCEPTION TO ALLOW A DRIVE -THROUGH
FINANCIAL INSTITUTION WITH A REDUCTION OF RESERVOIR
SPACES, AT 102 N.W. 37 AVENUE, SUBJECT TO REVIEW AFTER ONE
YEAR. (Applicant: S.E.S. Investment, Inc.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 2.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-208
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO
GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9,
SECTION 931, DRIVE -THROUGH AND DRIVE-IN ESTABLISHMENTS; CAR
WASHES, SUBSECTION 931.2 REQUIREMENTS FOR RESERVOIR SPACES,
APPLYING GENERALLY, TO ALLOW A DRIVE THROUGH FINANCIAL
INSTITUTION WITH A REDUCTION OF THE RESERVOIR SPACES AS
FOLLOWS: (A) REQUIRED (FIRST SERVICE WINDOW): TEN (10) SPACES
BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW,
AND ONE (1) SPACE AFTER THE SERVICE WINDOW; PROPOSED: THREE (3)
SPACES BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE
WINDOW, AND ONE (1) SPACE AFTER THE SERVICE WINDOW; AND (B)
REQUIRED (SECOND SERVICE WINDOW): EIGHT (8) SPACES BEFORE THE
SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW, AND ONE (1)
SPACE AFTER THE SERVICE WINDOW; PROPOSED: FOUR (4) SPACES
BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW,
AND ONE SPACE AFTER THE SERVICE WINDOW, FOR THE PROPERTY
LOCATED AT 102 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN); ZONED C-1 RESTRICTED
COMMERCIAL; PER PLANS ON FILE; SUBJECT TO A TIME LIMITATION OF
TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED,
AND SUBJECT TO A REVIEW BY THE CITY COMMISSION ONE YEAR FROM
THE DATE OF ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR THE
DRIVE-IN FACILITIES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
154 March 9, 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
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
(NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF ITEMS FROM THE PLANNING AND
ZONING PORTION OF THE AGENDA TO CONSIDER NON -
AGENDA ITEMS,]
----------------------------------------------------------------------------------------------------------------
60. (Continued) RESCHEDULE MARCH 23RD COMMISSION MEETING TO
TAKE PLACE ON MARCH 27TH, COMMENCING AT 2:30 P.M. (See label
33)
Vice Mayor Plummer: I'd like to make a motion, Mr. Mayor, that the meeting of the 23rd be
moved to the 27th. I think everybody has had the opportunity.
Mr. Cesar Odio (City Manager): At 2:30 p.m.
Vice Mayor Plummer: Two -thirty is fine with me. That's even better.
Commissioner Gort: Is that on a Thursday?
Mayor Clark: I hope I can be there. I think I can.
Vice Mayor Plummer: That's a Monday.
Commissioner Gort: Monday?
Vice Mayor Plummer: Yeah.
Commissioner Gort: OK.
Vice Mayor Plummer: I so moved, Mr. Mayor.
Mr.Odio: Now... OK.
Vice Mayor Plummer: Is there a roll call?
155 March 9, 1995
Mr.Odio: Two -thirty.
Vice Mayor Plummer: Yeah.
Mayor Clark: All in favor of the motion, signify by saying "aye."
All Commissioners: Aye.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-209
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING IN MARCH TO TAKE PLACE MARCH 27, 1995 COMMENCING AT
2:30 P.M.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
61. VICE MAYOR PLUMMER INSTRUCTS MANAGER TO DEMAND GARCES
COLLEGE TO IMMEDIATELY PAY $160,000 LOAN BACK TO THE CITY
(REPAYMENT IS 16 MONTHS LATE).
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Mr. Mayor, I got... I have an Information... Go ahead.
Vice Mayor Plummer: I have two other items.
Commissioner Gort: I got a pocket item. I want to go ahead of J.L.
Mayor Clark: Wait a minute, please. Mr. Plummer has the floor first.
Vice Mayor Plummer: Mr. Mayor, the other things that are just informational purposes. Mr.
Manager, I want to tell you, 16 months ago, I told you about Garces College. I want to have...
Where is the Manager? Mr. Manager?
Mr. Cesar Odio (City Manager): Yes.
156 March 9, 1995
Vice .Mayor Plummer: I told you 16 months ago that you made a mistake with Garces College.
Mr. Odio: No, no, no, I don't vote in this Commission.
Vice Mayor Plummer: OK.
Mr. Odio: I don't vote here.
Vice Mayor Plummer: All right.
Mr. Odio: You want me to get who voted?
Vice Mayor Plummer: All I'm saying to you is, I want to make sure that the $160,000 that that
company owes this City - they have not made a payment in 16 months - that you go after every
penny of that money.
Mr. Odio: I agree.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
62. VICE MAYOR PLUMMER REQUESTS ANGELA BELLAMY TO ASK FOR
REBUTTAL TIME ON TV CHANNEL 10, TO CORRECT EDITORIAL THAT
THE CITY IS NOT WORKING TO HAVE A CENTENNIAL CELEBRATION.
Vice Mayor Plummer: Next, Mr. Manager... To Angela, this morning, on Channel 10, the
editorial said that this City is not doing a damn thing about the Centennial Celebration.
Mr. Cesar Odio (City Manager): We have a great committee.
Mayor Clark: Who said that? Today?
Vice Mayor Plummer: Ms. Angela Bellamy, would you please call the editorial man on Channel
10 and ask for rebuttal time on the Centennial, and tell him where he is wrong. Thank you, Mr.
Mayor.
Mayor Clark: Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
63. AUTHORIZE ADMINISTRATION TO SELL TO CARLOS GARCIA,
RETIRING DIRECTOR OF FINANCE DEPARTMENT, THE DESK USED BY
HIM DURING HIS TENURE WITH THE CITY, FOR $50.00
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right, Willy.
Commissioner Gort: I got a pocket item. As you all are aware, we had a luncheon for Carlos
Garcia, Director of Finance for the City of Miami for a long time. Carlos Garcia, and his staff
had a request, that there was some furniture that when he first took over his office, he took out of '
the basement, and he fixed it, and he put it in... his desk, and he would like to have that with him,
and I'd like to move that we sell that for $50.
Commissioner Dawkins: Second.
Mayor Clark: All right.
Commissioner De Yurre: Well, we need to get an appraisal first on that.
Commissioner Gort: Well, I already did that. I had three of them.
Vice Mayor Plummer: All right. Wait a minute, wait a minute. Mr. Mayor, so that I don't have
to...
Commissioner Gort: Can we vote on it, please, sir?
Vice Mayor Plummer: I'm sorry.
Commissioner Gort: Thank you.
Vice Mayor Plummer: What is the motion, please?
Commissioner Dawkins: That we give away a desk.
Commissioner Gort: No. We're charging $50 for a desk for Mr. Garcia.
Mayor Clark: Motion and a second.
Ms. Matty Hirai (City Clerk): Carlos Garcia.
Vice Mayor Plummer: Of course.
Mayor Clark: If no objection, cast a unanimous ballot.
A. Quinn Jones, III, Esq. (City Attorney): We charge $50.
158 March 9, 1995
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 95-210
A MOTION AUTHORIZING THE ADMINISTRATION TO SELL TO CARLOS
GARCIA, RETIRING DIRECTOR OF THE FINANCE DEPARTMENT, THE DESK
USED BY HIM DURING HIS TENURE WITH THE CITY OF MIAMI, FOR $50.
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.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
64. VICE MAYOR PLUMMER REQUESTS MANAGER TO PROVIDE
COMMISSIONER DAWKINS WITH FULL DETAILS CONCERNING UNION
CONTRACTS TO BE CONSIDERED AT THE NEXT COMMISSION
MEETING.
Vice Mayor Plummer: All right. Mr. Mayor, if I may, so that we don't have a problem, a major
problem. I have said to my colleague, Mr. Dawkins, that I have always backed him up when
there was a problem, and I will always do that. I am saying that in the three issues that the
Manager is vitally concerned about, the three union contracts, that I want to make sure that
between now and the next meeting, if that's when you're bringing them back here, that Mr.
Dawkins has had all of the opportunity that he wants to understand, and all the facts will be
furnished to him. I don't want the Manager to tell me that if I move to defer, that it's going to be
a million dollars a month. So I'm saying, Mr. Manager, I will hope that you will go to Mr.
Dawkins and you will make certain that any and all information he requests is, in fact, provided
to him.
Commissioner Dawkins: Thank you.
159 March 9, 1995
----------------------------------------------------------------------------------------------------------------
65. ALLOCATE $46,000 FROM CDBG FUNDS TOWARD REHABILITATION
OF 33 BUSINESSES IN DOWNTOWN AND ALLAPATTAH AREAS,
UNDER THE COMPREHENSIVE CITYWIDE COMMERCIAL
REHABILITATION ASSISTANCE FACADE TREATMENT PROGRAM --
AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH
DOWNTOWN MIAMI PARTNERSHIP AND ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, INC.
---------------------------------------------------------- -----------------------------------------------------
Commissioner Dawkins: Mr. Mayor, may I? My pocket item.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Mayor Clark...
Commissioner Gort: Sorry, sorry. I'm sorry, I had one more.
Commissioner Dawkins: Go right ahead, sir.
Commissioner Gort: Sorry sir. This is the facade treatment program that we had, to allocate
$46,200 to the commercial facade for 33 businesses within the downtown area and Allapattah
area.
Commissioner Dawkins: Second.
Vice Mayor Plummer: What is that?
Commissioner Gort: Facade treatment. Commercial facade.
Commissioner Dawkins: And I'll be back for some more.
Vice Mayor Plummer: I don't know... I'm sorry. You're going faster than I can keep up here.
What is this?
Commissioner Dawkins: Well, sit down. If you'd sit down...
Commissioner Gort: But, you know, you have to keep up with it.
Vice Mayor Plummer: Hey, hey.
Commissioner Gort: Come on, get with it. Get with the program.
Commissioner Dawkins: Sit down. If you'd sit down, you can keep up.
Vice Mayor Plummer: I'll get with the program. I'll invoke the rule now.
Commissioner Dawkins: Well, invoke it.
Mr. Cesar Odio (City Manager): To allocate monies for a commercial facade improvement.
160 March 9, 1995
Vice Mayor Plummer: Oh, that's fine. That's fine.
Commissioner Dawkins: OK. All right.
Vice Mayor Plummer: May I ask a question?
Commissioner Dawkins: Wait a minute. No.
Commissioner Gort: Let's vote on it.
Mayor Clark: Please, please, everybody. Cast a unanimous ballot on that item that Willy
brought up.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-211
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE ALLOCATION OF
$46,000 FROM COMMUNITY DEVELOPMENT GRANT FUNDS TOWARDS THE
REHABILITATION OF 33 BUSINESSES LOCATED IN THE DOWNTOWN AND
ALLAPATTAH AREAS UNDER THE COMPREHENSIVE CITYWIDE
COMMERCIAL REHABILITATION ASSISTANCE FACADE TREATMENT
PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH DOWNTOWN MIAMI PARTNERSHIP AND
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR THE PURPOSE OF
DISBURSING THE FUNDS AND IMPLEMENTING THE PROGRAM WITH
REGARDS TO THE BUSINESSES LOCATED WITHIN THEIR RESPECTIVE
AREAS.
(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.
161 March 9, 1995
&.,
----------------------------------------------------------------------------------------------------------------
66. VICE MAYOR PLUMMER INQUIRES ABOUT SIGNAGE PROGRAM FOR
DOWNTOWN MIAMI.
Mayor Clark: Now, you got one question and...
Vice Mayor Plummer: No, go ahead. I'll wait.
Mayor Clark: Well, he's got a lengthy statement.
Commissioner Dawkins: Yeah, go ahead. I got a lengthy statement to make.
Vice Mayor Plummer: My question is, Willy, I saw in the paper today about a signage program
for downtown Miami.
Commissioner Gort: Right.
Vice Mayor Plummer: Why isn't... Why aren't we discussing that today?
Mayor Clark: The signage program is asking for half a million dollars.
Vice Mayor Plummer: OK.
Commissioner Dawkins: And we don't have it.
Mayor Clark: CDBG (Community Development Block Grant).
Vice Mayor Plummer: They might not get it, but I think...
Commissioner Gort: They're asking for CDBG...
Vice Mayor Plummer: When is it coming up?
Mr. Cesar Odio (City Manager): When we can approve CDBG allocations.
Vice Mayor Plummer: OK. Thank you. Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
162 March 9, 1995
0
67. INSTRUCT ADMINISTRATION TO PROCEED TO FULLY ACTIVATE THE
PRESENTLY EXISTING CITY OF MIAMI CRA (COMMUNITY
REDEVELOPMENT AGENCY) FOR THE SOUTHEAST OVERTOWN/PARK
WEST AREA -- REQUEST CITY ATTORNEY TO RESEARCH SAID ISSUE
AND COME BACK BEFORE THE CITY COMMISSION TO FULLY
EXPLAIN CRA'S AUTHORITY -- DESIGNATE COMMISSIONER MILLER
DAWKINS AS THE CITY COMMISSION'S LIAISON TO MONITOR SAID
ISSUE.
Commissioner Dawkins: OK. I'd like for you to listen. I have a statement here to read. Mayor
Clark, I was instructed by this Commission...
Mayor Clark: Please, folks.
Commissioner Dawkins: Mayor Clark, I was instructed by this Commission to carry out the
process of determining whether or not the City and the County could participate jointly in an
Independent Redevelopment Authority. In my opinion, I have completed most of the tasks
assigned to me by this Commission. On several occasions, I have forwarded memoranda
outlining various positions that were taken by me during my meetings with the County, the City
Manager, and the citizens of Overtown. However, as of today's date, I have received only one
written response, which was from Commissioner Gort, dated March 1, 1995. Commissioner
Gort's response indicated that he is in agreement, that we must sit in as the Redevelopment
Authority, CRA (Community Redevelopment Agency), which will, in accordance with my
memo, devote undivided attention in carrying out the redevelopment processes in the Southeast
Overtown area. The Mayor's aide has also informed me that the Mayor was in agreement with
the opinions expressed in previous memoranda, and that a written response will be provided
soon. It is disturbing to me that the City Manager continues to direct staff to carry out a process
regarding this matter for which there has been no directions from a majority of this Commission
to begin an implementation process on a Redevelopment Authority. He continues to send staff
people to the County with directions that were not received from a majority of this Commission.
Never has he asked me any questions about the opinions expressed by me, although staff
received eight pages of questions concerning Options 1 and 2. To my knowledge, it has not been
determined as of this date, whether or not the Authority will be run through a private sector
board, or will continue to have the City Commission sit as a CRA Board, and carry out the
functions of the Redevelopment District, as we have done in the past. I do not understand where
the City Manager got his directions to give instructions to staff that we are to commence setting
up an Independent Redevelopment Authority. It is my opinion that the Manager should not be
making policy decisions. I would like for this Commission to instruct the Manager to wait for
directions from this Commission that is voted and passed by three votes of this Commission. I
have to add to this that the Mayor just informed me that the Mayor instructed the City Manager
to go about doing the CRA. So, so be it.
Mayor Clark: That's right.
Mr. Cesar Odio (City Manager): That's right. Let me just say this. I prepared two memos.
When I got the... When I receive a proposal... When I received the interlocal agreement from
the County, I went about to... What he's referring to, I wrote two memos with questions, and
I'm glad I did, because I wasn't about to recommend an interlocal agreement that we didn't get
answers to the questions that we had, and I will continue to do so. That's what you pay me to
do. Now, as far as representation in the County Commission, the Mayor had told me in a phone
163 March 9, 1995
call that I should send someone to listen in to the discussion of that... that was being proposed to
have had at the County level on this agency. As far as the CRA is concerned, I have talked to
my staff, because I feel strongly that the City is responsible for Overtown/Park West, and that we
do not need the County to help us out on anything, they haven't done it in any other way, and
that we should proceed to create our... not to create... to enforce what we have, which is our
Community Redevelopment Agency, and I would assign one of my top staff, an ACM (Assistant
City Manager), to lead that, to move into Overtown and set up office there, and just dedicate all
his energies to that.
Mayor Clark: Mr. Manager, what should happen first is we create a CRA, the same as...
Vice Mayor Plummer: You have it.
Mayor Clark: ... we got the Downtown Development Authority, if we're going to get this thing
done, and not keep pussy -footing around, like we have other agencies, like the Sports Authority.
Vice Mayor Plummer: But aren't we at the mercy of the County?
Mr. Odio: Correct.
Mayor Clark: And I want to see Mr. Miller Dawkins be in charge of that, because that's the only
way we're going to get it done. He's going to be the watchdog, as a separate entity outside of
what we have at the present.
Mr. Odio: Is that the consensus of the Commission, that we proceed just to activate fully the
CRA that we already have?
Mayor Clark: Absolutely.
Mr. Odio: We don't have to create anything.
Vice Mayor Plummer: Well, then I have to ask a question. What was the statement that was
made that, in reference to that, that the County has some control or approval?
Mr. Odio: They would have to have approval of the budget, of the monies that are going to the
Tax Increment District.
Vice Mayor Plummer: Well, OK. That's the point I'm trying to make. Are we kidding
ourselves, that if we say no, and make it an absolute, they hold the veto over our budget, they're
just going to continue to veto our budget?
Commissioner Dawkins: No, no.
Mr. Odio: They have never done that.
Vice Mayor Plummer: I'm asking a question. I don't know.
Mr. Odio: They have never done that.
Commissioner Dawkins: We... The CRA...
Vice Mayor Plummer: Well, they never asked to join them, either.
164 March 9, 1995
Commissioner Dawkins: The CRA has been established. We are an entity within our own. The
County Commission cannot do anything to the CRA, and I ask the City Attorney to research this
and come back to us, because it has given us the authority to operate as an Independent CRA.
Vice Mayor Plummer: Well, I just want, for the record... That's what you're establishing, and I
want to do the same.
Mayor Clark: Absolutely.
Vice Mayor Plummer: I responded to you at the very first time you asked for it by telling you, in
my opinion, that there was an "A," and there was a "B," and I didn't accept either one, that I
thought there was a "C." I will continue to tell you that in my opinion, those who negotiated did
not negotiate what I felt was in my best interest, and that other negotiations could commence,
and that, possibly, we could come out a winner, if, in fact, it was negotiated out properly, i.e., the
very reason saying that, if, in fact, it was in 20 years that everything reverted back to the City. It
could be ten years, or it could be eight years. OK? All of those things, as far as I was
concerned, was negotiable. That's all I've said.
Commissioner Dawkins: That's the beauty of this Commission. The same thing that...
Mayor Clark: That's a "fait accompli" now.
Commissioner Dawkins: The same thing that you are saying now about this is what I say about
the Sports Authority. And yet, and still, four votes up here did the Sports Authority, and four
votes up here will go ahead and do the CRA.
Vice Mayor Plummer: Hey, all I'm saying is, fine, you'll get the fifth vote. You'll get the fifth
vote.
Mr. Odio: Commissioner Plummer, let me say this.
Vice Mayor Plummer: Yes, sir.
Mayor Clark: We're adjourned at twelve-o-nine.
Mr. Odio: If the County really wants to contribute to this...
Commissioner Dawkins: Hey, that's the end. What time we're coming back, Mr. Mayor?
Mr. Odio: We don't.
Mayor Clark: We don't come back.
Vice Mayor Plummer: We're coming back on the 27th.
END OF DISCUSSION -- NO ACTION TAKEN
165 March 9, 1995
----------------------------------------------------------------------------------------------------------------
68. MOCK ARREST OF MAYOR STEPHEN P. CLARK, COMMISSIONER
VICTOR DE YURRE, AND FORMER COMMISSIONER ROSARIO
KENNEDY, IN CONNECTION WITH THE MUSCULAR DYSTROPHY
BENEFIT.
Lt. Joseph Longueira: Excuse me. I got to read it. Excuse me, Mayor. Honorable Mayor and
Commission, it is with deep regret that I come to the microphone today. I have here a warrant
for the arrest of Mayor Stephen P. Clark, Commissioner Victor De Yurre, and former
Commissioner Rosario Kennedy. You are charged with the following crimes: Having an
oversized heart, burning weenies on a grill, drinking non-lite beer, screening your phone calls, all
in all, being a nuisance and menace to society. In order to be released, you must raise $1,000 for
the Muscular Dystrophy Association, Now, if you'll please come with me, I must lock you up.
Commissioner Dawkins: All right. We're now on TV. Please, we're on...
Commissioner Gort: Can you imagine the rumors in this town now? Can you imagine the
rumors now?
Commissioner Dawkins: We're on TV, Please don't send in any money to bail them out.
Please do not send in any money to bail them out.
Vice Mayor Plummer: I'll get my Mayor out, The hell with the rest of them.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 12:10 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
166 March 9, 1995