HomeMy WebLinkAboutCC 1995-04-27 MinutesPREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
ITEM
NO.
Z:
INDEX
MINUTES OF REGULAR MEETING
April 27, 1995 continued to May 1, 1995
SUBJECT
LEGISLATION PAGE
NO.
1.
DISCUSSION CONCERNING BUDGET CUTS
DISCUSSION
2-17
AND RECENT LAYOFFS IN THE CITY OF
4/27/95
MIAMI, WITH PARTICULAR REFERENCE
TO THE EFFECT ON AFRICAN-
AMERICANS.
2.
GRANT REQUEST BY SALAD (SPANISH
R 95-254
18-20
AMERICAN LEAGUE AGAINST
4/27/95
DISCRIMINATION) FOR CONTINUED USE
OF OFFICE SPACE AT MANUEL ARTIME
COMMUNITY CENTER, AT $1.00 PER
YEAR.
3.
CONSENT AGENDA.
DISCUSSION
21-22
4/27/95
3.1.
AUTHORIZE FUNDING OF "PUSH OUT
R 95-255
22
THE PUSHER" (P.O.P.) PROGRAM --
4/27/95
ALLOCATE $12,720 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
3.2.
ACCEPT BIDS: (1) CAPT. DAN
R 95-256
23
MARINE TOWING & SALVAGE, AND (2)
4/27/95
DOCK & MARINE CONSTRUCTION, INC.
(UNDER EXISTING DADE COUNTY BID
NO. 2550-2/96-1) -- FOR REMOVAL
AND DISPOSAL OF DERELICT
VESSELS -- ALLOCATE $28,057 FROM
SPECIAL REVENUE FUND: DERELICT
VESSEL REMOVAL GRANT PROGRAM.
3.3.
ACCEPT BID: ANR MEDICAL SUPPLY,
R 95-257
23
INC. -- FOR FURNISHING MEDICAL
4/27/95
EXAMINATION GLOVES AT PROPOSED
ANNUAL COST OF $15,200 -- FOR
FIRE -RESCUE DEPARTMENT -- EXTEND
CONTRACT SUBJECT TO AVAILABILITY
OF FUNDS.
3.4.
ACCEPT BID: EMERGENCY MEDICAL
R 95-258
24
INTERNATIONAL -- FOR FURNISHING
4/27/95
HEAD IMMOBILIZERS -- FOR FIRE -
RESCUE DEPARTMENT -- ALLOCATE
$9,312.50.
3.5.
ACCEPT BID: ROBBIE'S FEED
R 95-259
SUPPLY -- FOR FURNISHING HORSE
4/27/95
FEED AND SUPPLEMENTS -- FOR
POLICE DEPARTMENT'S MOUNTED
PATROL UNIT -- ALLOCATE
$19,688 -- EXTEND CONTRACT,
SUBJECT TO AVAILABILITY OF FUNDS.
3.6.
ACCEPT BID: VENECON, INC. (TOTAL
R 95-260
BID) -- FOR PROJECT: AFRICAN
4/27/95
SQUARE PARK RESTROOM BUILDING
RENOVATION, B-6234 -- ALLOCATE
$25,200, PLUS $4,183 ESTIMATED
EXPENSES, TOTALING $29,383 (CIP
331053) -- EXECUTE CONTRACT.
3.7.
ACCEPT BID: SOLO PRINTING,
R 95-261
INC. -- FOR PRINTING POLICE
4/27/95
DEPARTMENT'S ANNUAL REPORTS --
FOR DEPARTMENT OF GSA / SOLID
WASTE -- ALLOCATE $10,200.
3.8.
RATIFY / APPROVE ENGAGEMENT OF
R 95-262
LAW FIRM OF EPSTEIN BECKER &
4/27/95
GREEN, P.C. -- TO SERVE AS
COUNSEL BEFORE U.S. BANKRUPTCY
COURT, CENTRAL DISTRICT OF
CALIFORNIA -- FOR PROCEEDINGS
CONCERNING BANKRUPTCY PETITION
FILED BY SPECIALTY RESTAURANTS
CORP. (OWNER OF THE RUSTY PELICAN
RESTAURANT, ON VIRGINIA KEY),
UNDER CHAPTER 11
(REORGANIZATION) -- AT A FEE NOT
TO EXCEED $15,000.
3.9.
WAIVE POLICE AND FIRE -RESCUE FEES
R 95-263
(NOT TO EXCEED $28,000)
4/27/95
CONCERNING EIGHTH ANNUAL
AMERICA'S BIRTHDAY BASH TO BE
CONDUCTED BY BAYFRONT PARK
MANAGEMENT TRUST AT BICENTENNIAL
AND MILDRED AND CLAUDE PEPPER
BAYFRONT PARKS (JULY 4, 1995).
3.10.
ACCEPT GRANT ($3,600) FROM
R 95-264
METROPOLITAN DADE COUNTY, UNDER
4/27/95
ITS TOURIST DEVELOPMENT ROOM TAX
PLAN -- TO BE USED BY DEPARTMENT
OF PARKS & RECREATION TO HOST
13TH ANNUAL YOUTH BASEBALL WORLD
SERIES (JULY 27 - AUGUST 2,
1995) -- EXECUTE NECESSARY
DOCUMENTS.
24
25
25
M
26
27
3.11. ACCEPT DONATION OF A XEROX MODEL R 95-265
5009 COPIER FROM LAW OFFICES OF 4/27/95
BEST AND PALOMINO, P.A. -- FOR
POLICE DEPARTMENT.
3.12. ACCEPT DONATION FROM NIKE, INC.
R 95-266
OF 1,123 T-SHIRTS AND SPORTS
4/27/95
EQUIPMENT (VALUED AT $1,924) --
FOR DEPARTMENT OF PARKS &
RECREATION.
3.13. AUTHORIZE ENGAGEMENT OF LAW FIRM
R 95-267
OF MICHAEL BRODSKY TO SERVE AS
4/27/95
COUNSEL FOR CASE OF EUGENE
KOWALSKI VS. CITY OF MIAMI AND
KENNETH SAUVEY [DADE COUNTY
CIRCUIT COURT CASE NO. 95-04857
CA (05)] -- ALLOCATE FUNDS, NOT
TO EXCEED $20,000, PLUS COSTS NOT
TO EXCEED $5,000.
4. (A) FIRST READING ORDINANCE:
ORDINANCE
AMEND CODE, BY ADDING NEW
FIRST
CHAPTER: SOUTHEAST OVERTOWN /
READING
PARK WEST REDEVELOPMENT DISTRICT
4/27/95
AND COMMUNITY REDEVELOPMENT
AGENCY (SEOPW/CRA) -- INCLUDE
SECTIONS: (a) DEFINITIONS; (b)
BOUNDARIES DESIGNATED; (c)
DISPOSAL OF PROPERTY IN COMMUNITY
REDEVELOPMENT DISTRICT; (d)
PROPERTY EXEMPT FROM TAXES AND
FROM LEVY AND SALE BY VIRTUE OF
AN EXECUTION; (e) SOUTHEAST
OVERTOWN / PARK WEST COMMUNITY
REDEVELOPMENT AGENCY CREATED; (f)
GOVERNING BODY AS THE BOARD OF
DIRECTORS OF THE COMMUNITY
REDEVELOPMENT AGENCY; (g)
MEETINGS, RULES AND REGULATIONS;
(h) POWERS AND DUTIES; (i)
EMPLOYEES GENERALLY; (j) ANNUAL
BUDGET; (k) SOURCE OF FUNDS; (1)
AGENCY SOLELY LIABLE FOR
OBLIGATION; AND (m) ANNUAL REPORT
AND AUDIT. [Note: This was
later modified to an emergency
ordinance -- see label 34.]
(B) MR. HERBERT J. BAILEY NAMED
EXECUTIVE DIRECTOR OF SEOPW/CRA.
27
27
W
28-31
5. DIRECT CITY MANAGER AND CITY R 95-268
ATTORNEY TO TAKE STEPS NECESSARY 4/27/95
TO EFFECTUATE TRANSFER OF ALL
ASSETS OF THE CITY OF MIAMI
LOCATED IN THE SOUTHEAST OVERTOWN
/ PARK WEST COMMUNITY
REDEVELOPMENT DISTRICT TO THE
SOUTHEAST OVERTOWN / PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
(CRA) -- EXECUTE AGREEMENT WITH
THE CRA PROVIDING STAFF AND
FINANCIAL SUPPORT, SUBJECT TO
CERTAIN TERMS AND CONDITIONS.
6. WAIVE ALL WAIVABLE USER FEES IN R 95-269
CONNECTION WITH STAGING A 4/27/95
CANADIAN FOOTBALL LEAGUE
EXHIBITION GAME IN THE ORANGE
BOWL STADIUM (JUNE 24, 1995).
7. SELECT 22 APPLICANTS FOR ST. HUGH DISCUSSION
OAKS VILLAGE UNITS THROUGH 4/27/95
LOTTERY PROCESS -- INSTRUCT
ADMINISTRATION TO MAKE AVAILABLE
REMAINING ST. HUGH OAKS VILLAGE
UNIT TO NEXT INDIVIDUAL TO
QUALIFY.
8. VICE MAYOR PLUMMER STATES THAT DISCUSSION
THE MATTER ON WHICH MR. NELSON 4/27/95
DIAZ, GENERAL CONTRACTOR OF THE
ST. HUGH OAKS VILLAGE CONDOMINIUM
PROJECT (ASSOCIATES CONSTRUCTION
CORP.), WAS TO ADDRESS THE
COMMISSION HAS BEEN RESOLVED.
8.1 INSTRUCT ADMINISTRATION TO MAKE M 95-270
AVAILABLE REMAINING ST. HUGH OAKS 4/27/95
VILLAGE UNIT TO NEXT INDIVIDUAL
TO QUALIFY.
9. DISCUSS AND DEFER CONSIDERATION M 95-271
OF PROPOSED CLOSING OF MARLER 4/27/95
AVENUE (BEHIND ST. HUGH OAKS
VILLAGE) IN ORDER TO GIVE NEW
HOMEOWNERS AT ST. HUGH OAKS AN
OPPORTUNITY TO BE HEARD ON THE
PROPOSAL.
32-33
34-37
38-41
42
42-43
44-50
10.
DIRECT CITY MANAGER TO MEET WITH
M 95-272
50-53
REPRESENTATIVES OF SENIOR'S PLAZA
4/27/95
AT HADLEY PARK AND COME UP WITH
FUNDING POLICY FOR PROPOSED
BUILDING SPACE AT HADLEY PARK --
DESIGNATE ELBERT WATERS AS
CONTACT PERSON IN CHARGE OF
PROJECT.
11.
RENAME ALLAPATTAH COMMUNITY
R 95-273
53-55
CENTER AS: THE ORLANDO URRA
4/27/95
COMMUNITY CENTER. [Note: R-93-
468 had already named the
Allapattah Community Center as
the Orlando Urra Community
Center.]
12.
INSTRUCT CITY MANAGER TO NOTIFY
M 95-274
56-57
MIAMI MOTORSPORTS, INC. THAT THE
4/27/95
PORT OF MIAMI PLANS TO EXPAND
INTO THE FEC PROPERTY AND
BICENTENNIAL PARK, THEREBY MAKING
IT IMPOSSIBLE TO HOLD ANY FURTHER
GRAND PRIX RACES IN DOWNTOWN
AREA.
13.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION
57-58
OF PROPOSED RESOLUTION TO APPOINT
4/27/95
INDIVIDUALS TO SERVE AS MEMBERS
OF THE AFFIRMATIVE ACTION
ADVISORY BOARD. (See label 75)
14.
APPOINT EMILIO LOPEZ AS MEMBER
R 95-275
58-59
OF THE CITYWIDE COMMUNITY
4/27/95
DEVELOPMENT ADVISORY BOARD.
(Pending still is one appointment
to be made to represent Overtown
Target Area.)
15.
APPOINT T. WILLARD FAIR TO FILL
R 95-276
59-60
UNEXPIRED VACANCY ON CIVIL
4/27/95
SERVICE BOARD.
16.
APPOINT ROSE CANSELA TO SERVE AS
R 95-277
60-61
MEMBER OF THE CODE ENFORCEMENT
4/27/95
BOARD. (Pending still are two
appointments to be made.)
17.
DISCUSS AND DEFER PROPOSED
DISCUSSION
61-62
APPOINTMENT TO THE PLANNING
4/27/95
ADVISORY BOARD.
18.
DISCUSS AND DEFER PROPOSED
DISCUSSION
62
APPOINTMENTS TO THE ZONING BOARD.
4/27/95
19. RATIFY MANAGER'S FINDING OF SOLE
SOURCE -- WAIVE REQUIREMENT FOR
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF CINEQUIP MARK
200 EDU SYSTEM 3 UPGRADE FROM
CINEQUIP, INC. FOR POLICE
DEPARTMENT -- ALLOCATE $8,000.
20. RATIFY MANAGER'S FINDING OF SOLE
SOURCE -- WAIVE REQUIREMENT FOR
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF FIBER OPTIC
CABLE AND LIGHTGATE/SMART PATH
SERVICES FROM SOUTHERN BELL FOR
POLICE DEPARTMENT -- ALLOCATE
$193,580.
21. (A) RESCIND REQUEST FOR PROPOSALS
(RFP) FOR THE MEGA YACHT MARINA
ISSUED ON FEBRUARY 21, 1995 (R-
95-81) -- AUTHORIZE ISSUANCE OF
RFP ON MAY 1, 1995, FOR UNIFIED
DEVELOPMENT PROJECT (UDP),
CONSISTING OF DEVELOPMENT OF THE
MEGA YACHT MARINA AND RELATED
USES ON APPROX. 29 ACRES OF CITY -
OWNED WATERFRONT PROPERTY AT
WATSON ISLAND.
(B) DEFER SELECTION OF A
CERTIFIED PUBLIC ACCOUNTING
FIRM -- APPOINT MATTHEW CICERO TO
THE REVIEW COMMITTEE -- DEFER
REMAINING APPOINTMENTS.
22. (A) RESCIND REQUEST FOR PROPOSALS
(RFP) FOR THE MIAMI MARINE
STADIUM ISSUED ON FEBRUARY 28,
1995 (R-95-82) -- AUTHORIZE
ISSUANCE OF RFP ON MAY 3, 1995,
FOR UNIFIED DEVELOPMENT PROJECT
(UDP), CONSISTING OF DEVELOPMENT
OF THE MIAMI MARINE STADIUM AND
ANCILLARY MARINE RELATED
RECREATIONAL / RETAIL FACILITIES
ON APPROX. 18 ACRES OF CITY -OWNED
WATERFRONT PROPERTY AT 3601
RICKENBACKER CAUSEWAY, VIRGINIA
KEY.
(B) DEFER SELECTION OF CERTIFIED
PUBLIC ACCOUNTING FIRM AND REVIEW
COMMITTEE.
R 95-278
4/27/95
R 95-279
4/27/95
R 95-280
4/27/95
R 95-281
4/27/95
62-63
64-65
66-72
73-74
23. (A) RESCIND REQUEST FOR PROPOSALS
(RFP) FOR THE VIRGINIA KEY
CAMPGROUND ISSUED ON MARCH 7,
1995 (R-95-83) -- AUTHORIZE
ISSUANCE OF AN RFP ON MAY 5,
1995, FOR A UNIFIED DEVELOPMENT
PROJECT (UDP) CONSISTING OF
DEVELOPMENT OF THE VIRGINIA KEY
CAMPGROUND AND ANCILLARY
RECREATIONAL FACILITIES ON
APPROX. 155 ACRES OF CITY -OWNED
WATERFRONT PROPERTY AT VIRGINIA
KEY BEACH. (See label 25)
(B) DEFER SELECTION OF CERTIFIED
PUBLIC ACCOUNTING FIRM AND REVIEW
COMMITTEE.
24. (Continued discussion) RESCIND
PRIOR VOTE ON AGENDA ITEM 1
(FIRST READING ORDINANCE) --
MODIFY TO EMERGENCY ORDINANCE TO
AMEND CODE, BY ADDING NEW
CHAPTER: SOUTHEAST OVERTOWN /
PARK WEST REDEVELOPMENT DISTRICT
AND COMMUNITY REDEVELOPMENT
AGENCY -- INCLUDE SECTIONS: (a)
DEFINITIONS; (b) BOUNDARIES
DESIGNATED; (c) DISPOSAL OF
PROPERTY IN COMMUNITY
REDEVELOPMENT DISTRICT; (d)
PROPERTY EXEMPT FROM TAXES AND
FROM LEVY AND SALE BY VIRTUE OF
AN EXECUTION; (e) SOUTHEAST
OVERTOWN / PARK WEST COMMUNITY
REDEVELOPMENT AGENCY CREATED; (f)
GOVERNING BODY AS THE BOARD OF
DIRECTORS OF THE COMMUNITY
REDEVELOPMENT AGENCY; (g)
MEETINGS, RULES AND REGULATIONS;
(h) POWERS AND DUTIES; (i)
EMPLOYEES GENERALLY; (j) ANNUAL
BUDGET; (k) SOURCE OF FUNDS; (1)
AGENCY SOLELY LIABLE FOR
OBLIGATION; AND (m) ANNUAL REPORT
AND AUDIT. (See label 4)
25. (Continued Discussion) FURTHER
COMMENTS REGARDING VIRGINIA KEY
CAMPGROUND RFP -- ECOLOGICALLY
SENSITIVE AREA (Hammocks
Lagoon) -- BID MAY BE SPLIT
BETWEEN RECREATIONAL VEHICLE
PORTION AND WATER PARK PORTION.
(See label 23)
R 95-282
4/27/95
ORDINANCE
11248
R 95-283
4/27/95
DISCUSSION
4/27/95
74-76
26.
PERSONAL APPEARANCE: MR. TOM
DISCUSSION 83-85
CHEESBOROUGH CONCERNING ROLLER
4/27/95
BLADE HOCKEY IN COCONUT GROVE
EXHIBITION CENTER.
27.
APPROVE PAYMENT OF ATTORNEY FEES
R 95-284 85-88
TO ROBERT KLAUSNER, ESQ. -- FOR
4/27/95
REPRESENTING OFFICER FRANCISCO
TORRES -- VICE MAYOR PLUMMER
REITERATES THAT PRIOR APPROVAL BY
THE COMMISSION MUST BE OBTAINED
PRIOR TO HIRING OF OUTSIDE
COUNSEL.
28.
GRANT REQUEST BY REPRESENTATIVES
R 95-285 88-90
OF CALLE OCHO CELEBRITY WALK OF
4/27/95
FAME FOR USE OF SIDEWALKS ON 8TH
STREET (BETWEEN S.W. 12 AND 37
AVENUES) TO ENGRAVE STARS
HONORING CELEBRITIES, WITH
PROVISOS.
29.
GRANT REQUEST BY REPRESENTATIVES
R 95-286 91-92
FROM SUNSTREET FESTIVAL
4/27/95
COMMITTEE, INC. TO CHANGE DATE OF
SUNSTREET FESTIVAL IN LIBERTY
CITY FROM DECEMBER 3, 1994 TO MAY
27, 1995.
30.
GRANT REQUEST BY REPRESENTATIVES
R 95-287 92-96
FROM ROOTS AND CULTURE
4/27/95
FOUNDATION, INC. CONCERNING THEIR
SCHEDULED EVENT ON MAY 21, 1995:
(a) WAIVE FEES ($1,344.65), AND
(b) PERMIT SALE OF BEER AND WINE.
31.
PERSONAL APPEARANCE: RICHARD
R 95-288 97-107
MARKOWITZ AND DAVID ELLISON FROM
4/27/95
INTERNATIONAL AMBASSADORS'
FOREIGN EMBASSY TOUR REGARDING
AMENDMENT TO R-94-49 (WHICH
WAIVED RENTAL FEES IN COCONUT
GROVE CONVENTION CENTER FOR THEIR
EVENT ON JANUARY 23-25, 1995) --
STIPULATE THAT: (a) $20,000 CASH
OR BOND TO BE PLACED IN ESCROW;
(b) IF AT LEAST 30 AMBASSADORS DO
NOT ATTEND, THE CITY OF MIAMI
KEEPS THE MONEY, AND (c) IF A
PROFIT IS REALIZED, THE CITY IS
TO BE REIMBURSED -- INSTRUCT CITY
MANAGER TO CONTACT STATE
DEPARTMENT TO VERIFY THAT THIS IS
ONE OF ITS OFFICIAL FUNCTIONS.
32.
APPOINT WALTER FOEMAN AS CITY
R 95-289
CLERK EFFECTIVE MAY 27, 1995.
4/27/95
33.
EMERGENCY ORDINANCE: AMEND CODE,
ORDINANCE
CHAPTER 39, ARTICLE II, BY
11249
CHANGING DATES RELATIVE TO
4/27/95
INITIATION OF INAUGURAL FRANCHISE
PERIOD FOR DOWNTOWN MIAMI SPECIAL
VENDING DISTRICT TO JULY 1,
1995 -- REDUCE REQUIRED PUBLIC
NOTICE OF VENDING FRANCHISE
OPPORTUNITIES TO 60 DAYS.
34.
DECLARE MOST ADVANTAGEOUS METHOD
R 95-290
TO DEVELOP CERTAIN IMPROVEMENTS
4/27/95
ON CITY -OWNED WATERFRONT LAND IS
BY UNIFIED DEVELOPMENT PROJECT
(UDP) -- AUTHORIZE MANAGER TO
PREPARE DRAFT REQUEST FOR
PROPOSALS (RFP) FOR DEVELOPMENT
OF A BOATYARD AND ANCILLARY
MARINE RELATED RETAIL AND
RECREATIONAL FACILITIES AT 3501
RICKENBACKER CAUSEWAY, VIRGINIA
KEY -- SET PUBLIC HEARING FOR MAY
11, 1995, AT 10:00 A.M. (See
label 53)
35.
SCHEDULE CONSIDERATION OF
R 95-291
ALLOCATION OF COMMUNITY
4/27/95
DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS FOR MAY 25, 1995 COMMISSION
MEETING (AT 9:00 A.M.)
36.
APPROVE INTERNATIONAL TRADE BOARD
R 95-292
(ITB) ALLOCATION ($50,000) TO
4/27/95
SOUTH FLORIDA SOCCER ORGANIZING
COMMITTEE FOR 1996, INC. -- FOR
INTERNATIONAL PROMOTION OF 11
OLYMPIC SOCCER GAMES TO BE PLAYED
AT ORANGE BOWL STADIUM (JULY 20-
28, 1996) AS PART OF THE XXVI
OLYMPIAD.
107-109
109-11.2
113
114
115
37. CONTINUE ALL REGULAR ITEMS NOT M 95-293
TAKEN UP ON THIS DATE TO MAY 1, 4/27/95
1995, COMMENCING AT 2:30 P.M.
38. SCHEDULE CLOSED DOOR ATTORNEY / R 95-294
CLIENT SESSION OF THE CITY 4/27/95
COMMISSION (MAY 11, 1995, 8:00
A.M.) CONCERNING PENDING
LITIGATION IN POTTINGER VS. CITY
OF MIAMI (U.S. DISTRICT COURT
CASE NO. 88-2406 CIV-ATKINS).
39.
CONTINUE ENTIRE PLANNING AND
M 95-295
ZONING AGENDA OF TODAY`S DATE TO
4/27/95
MAY 1, 1995, COMMENCING AT 4:30
P.M.
40.
(A) PERMIT SALE OF BEER, WINE AND
R 95-296
TROPICAL DRINKS IN CONNECTION
M 95-297
WITH COCONUT GROVE BED RACE TO
5/1/95
BENEFIT MUSCULAR DYSTROPHY
ASSOCIATION (MAY 21, 1995) --
POLICE TO CLOSE BOOTHS SELLING
ALCOHOL IF PROBLEMS ARISE.
(B) CITY MANAGER TO REQUIRE
PROMOTERS OF ALL FUTURE FESTIVALS
INVOLVING CLOSURE OF MAIN HIGHWAY
(FROM CHARLES AVENUE TO McFARLANE
ROAD OR GRAND AVENUE, COCONUT
GROVE) TO PROVIDE A POLICE
OFFICER AT INTERSECTIONS: (1)
CHARLES AND HIBISCUS, AND (2)
GRAND AND HIBISCUS.
41.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
10021, WHICH ESTABLISHED INITIAL
11250
RESOURCES / APPROPRIATIONS FOR
5/1/95
LAW ENFORCEMENT TRUST FUND (LETF)
RECEIVED / DEPOSITED (PURSUANT TO
9257) -- PROVIDE FOR INCREASE
($650,000) DUE TO SUCCESSFUL
FORFEITURE ACTIONS.
42.
ACCEPT GRANT ($350,750) FROM
R 95-298
STATE OF FLORIDA, DEPARTMENT OF
5/1/95
HEALTH AND REHABILITATIVE
SERVICES (HRS) -- TO FUND
PROGRAMS FOR DEVELOPMENTALLY
DISABLED (JULY 1, 1995 - JUNE 30,
1996).
116
117
118-120
120-126
127-129
129-130
43. EMERGENCY ORDINANCE: CREATE NEW
SPECIAL REVENUE FUND: PROGRAMS
FOR THE DEVELOPMENTALLY
DISABLED - 1995-96 -- APPROPRIATE
FUNDS ($494,594), CONSISTING OF:
(1) ESTIMATED $350,750 GRANT FROM
STATE OF FLORIDA, DEPARTMENT OF
HEALTH AND REHABILITATIVE
SERVICES (HRS); (2) $43,844 FROM
GENERAL FUNDS FOR REQUIRED LOCAL
MATCH, AND (3) $100,000 IN CARRY-
OVER FUND BALANCE FROM SPECIAL
REVENUE FUND: RECREATION PROGRAMS
FOR THE DEVELOPMENTALLY
DISABLED - FY '95.
44. SECOND READING ORDINANCE:
ESTABLISH FOUR NEW SPECIAL
REVENUE FUNDS: (1) COMMUNITY
DEVELOPMENT BLOCK GRANT (TWENTY-
FIRST YEAR) - $13,709,000; (2)
HOME INVESTMENT PARTNERSHIP
(HOME) - $4,038,000; (3)
EMERGENCY SHELTER GRANT (ESG) -
$494,000, AND (4) HOUSING
OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) - $7,906,000 -- FROM
20TH YEAR CDBG PROGRAM INCOME, AS
APPROVED BY DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) --
TOTAL CDBG APPROPRIATION:
$16,409,000.
45. SECOND 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 CITY'S LOCAL
HOUSING ASSISTANCE PROGRAM --
CREATE CITY'S LOCAL HOUSING
ASSISTANCE TRUST FUND -- CREATE
CITY'S LOCAL HOUSING
PARTNERSHIP -- ESTABLISH CITY'S
AFFORDABLE HOUSING ADVISORY
COMMITTEE (AS REQUIRED BY SECTION
420.9076, F.S.) -- ADOPT
AFFORDABLE HOUSING INCENTIVE
PLAN.
ORDINANCE
11251
5/1/95
ORDINANCE
11252
5/1/95
ORDINANCE
11253
5/1/95
130-131
132-136
137-138
46.
SECOND READING ORDINANCE:
ORDINANCE
138-140
ESTABLISH NEW SPECIAL REVENUE
11254
FUND: YWCA OVERTOWN / CULMER
5/1/95
CHILD DAY CARE FACILITY
REHABILITATION -- APPROPRIATE
FUNDS FROM METROPOLITAN DADE
COUNTY GRANT ($250,000) --
COMBINE GRANT FUNDS WITH CITY
FUNDS ($325,000) FOR CITY TO
ADMINISTER / COMPLETE
REHABILITATION OF THE OVERTOWN /
CULMER CHILD DAY CARE FACILITY.
47.
FIRST READING ORDINANCE: AMEND
ORDINANCE
140-142
CODE, SECTION 54-105 (TEMPORARY
FIRST
ENCROACHMENTS) -- PERMIT
READING
TEMPORARY FENCE / WALL / HEDGE
5/1/95
ENCROACHMENTS WITHIN DEDICATED
RIGHTS -OF -WAY.
48.
FIRST READING ORDINANCE: AMEND
ORDINANCE
143
CODE, SECTION 53-161(4) (SCHEDULE
FIRST
OF FEES) -- ESTABLISH REVISED
READING
PARKING RATES AT JAMES L. KNIGHT
5/1/95
INTERNATIONAL CENTER PUBLIC
PARKING FACILITY.
49.
AUTHORIZE CITY MANAGER TO ENTER
R 95-299
144-148
INTO SETTLEMENT AGREEMENT WITH
5/1/95
DADE HELICOPTER SERVICES, INC.
AND/OR DADE HELICOPTER JET
SERVICES, INC. -- PROVIDE FOR
CONSENT JUDGMENT TO BE ENTERED
AGAINST DADE HELICOPTER
($33,000) -- AWARD CITY
POSSESSION OF PROPERTY PRESENTLY
OCCUPIED BY DADE HELICOPTER AT
WATSON ISLAND -- PROVIDE FOR
STIPULATION BETWEEN PARTIES
SETTING FORTH CERTAIN CONDITIONS
PERTAINING TO EXECUTION OF
JUDGMENT.
50. AUTHORIZE DIRECTOR OF FINANCE TO R 95-300 149-150
PAY GRANITE MANAGEMENT AND 5/1/95
DISPOSITION, INC. (SUCCESSOR -IN -
INTEREST TO FIRST NATIONWIDE
BANK) $300,000, IN EXCHANGE FOR
FULL AND COMPLETE ASSIGNMENT OF
ALL ITS RIGHT / TITLE / INTEREST
IN REAL / PERSONAL PROPERTY AT
1000 SOUTH MIAMI AVENUE (F/K/A
FIRE STATION NO. 4), INCLUDING
(1) LEASE AGREEMENT BETWEEN THE
CITY AND LADDER COMPANY NO. 4,
LTD., (2) THE NOTE AND MORTGAGE
DOCUMENTS EXECUTED BY THE LADDER
COMPANY NO. 4, LTD., AND (3) THE
SUBORDINATION AGREEMENT EXECUTED
BY THE CITY, SUBJECT TO
CONDITIONS -- ALLOCATE FUNDS.
51. AUTHORIZE CITY MANAGER TO EXECUTE R 95-301 150-151
AGREEMENT WITH COMMONWEALTH LAND 5/1/95
TITLE INSURANCE COMPANY -- TO
PROVIDE PROFESSIONAL SERVICES OF
ON-LINE COMPUTER REAL ESTATE
PROPERTY SEARCHES -- FOR LAW
DEPARTMENT -- FOR APPROX. $75.00
PER PROPERTY SEARCH (NOT TO
EXCEED $25,000, TOTAL) --
ALLOCATE FUNDS.
52. APPROVE, IN PRINCIPLE, R 95-302 151-154
DESIGNATION OF HABITAT FOR 5/1/95
HUMANITY OF GREATER MIAMI AS
SPONSOR TO UNDERTAKE DEVELOPMENT
OF FIVE NEW SINGLE FAMILY HOMES
AFFORDABLE TO FAMILIES /
INDIVIDUALS OF LOW / MODERATE
INCOME ON CITY -OWNED VACANT
PARCELS IN MODEL CITY
NEIGHBORHOOD, SUBJECT TO
PROVISOS.
53. (Continued Discussion) DISCUSS
AND REAFFIRM THAT MOST
ADVANTAGEOUS METHOD TO DEVELOP
CERTAIN IMPROVEMENTS ON CITY -
OWNED WATERFRONT LAND IS BY
UNIFIED DEVELOPMENT PROJECT
(UDP) -- AUTHORIZE MANAGER TO
PREPARE DRAFT REQUEST FOR
PROPOSALS (RFP) FOR DEVELOPMENT
OF A BOATYARD AND ANCILLARY
MARINE RELATED RETAIL AND
RECREATIONAL FACILITIES AT 3501
RICKENBACKER CAUSEWAY, VIRGINIA
KEY -- SET PUBLIC HEARING FOR MAY
11, 1995, AT 10:00 A.M. (See
label 34)
54. DISCUSS AND DEFER CONSIDERATION
OF PROPOSED RESOLUTION TO EXECUTE
CONFIRMATION OF SUBORDINATION
AGREEMENT BETWEEN CITY OF MIAMI,
CODEC, INC. AND BARNETT BANK OF
SOUTH FLORIDA, N.A. IN CONNECTION
WITH FINANCING OF 150-UNIT
MELROSE TOWNHOME PROJECT IN
ALLAPATTAH.
DISCUSSION
5/1/95
DISCUSSION
5/l/95
155-156
156-157
55.
(A) AUTHORIZE CITY MANAGER TO
ALLOCATE FUNDING FROM CITY'S FY
1994 HOME INVESTMENT PARTNERSHIP
PROGRAM (HOME PROGRAM) -- TO
PROVIDE PROJECT PREDEVELOPMENT
SUPPORT AND CONSTRUCTION
FINANCING TO EACH NEIGHBORHOOD
BASED COMMUNITY HOUSING
DEVELOPMENT CORPORATION (CHDO)
RELATING TO DEVELOPMENT OF
APPROX. 102 UNITS OF AFFORDABLE
HOUSING IN COCONUT GROVE, LITTLE
HAVANA AND OVERTOWN BY: (1)
COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION, (2) EAST LITTLE
HAVANA COMMUNITY DEVELOPMENT
CORPORATION, (3) FLORIDA HOUSING
COOPERATIVE, INC., AND (4) BAME
DEVELOPMENT OF SOUTH FLORIDA,
INC. (See label 105)
(B) AUTHORIZE CITY MANAGER TO
ALLOCATE $1,200,000 FOR TWO
AFFORDABLE HOUSING PROJECTS TO BE
DEVELOPED BY EAST LITTLE HAVANA
COMMUNITY DEVELOPMENT CORPORATION
(SCATTERED SITE TOWNHOUSES
PROJECT AND 12-UNIT CONDOMINIUM
COMPLEX) FOR HOME OWNERSHIP FOR
LOW / VERY LOW INCOME FAMILIES.
(C) AUTHORIZE CITY MANAGER TO
ALLOCATE $90,000 FOR 18-UNIT
CONDOMINIUM _APARTMENT COMPLEX
PROJECT TO - BE" DEVELOPED -BY
FLORIDA HOUSING.COOPERATIVE, INC.-
(D) AUTHORIZE -CITY MANAGER TO
ALLOCATE FUNDING .FOR- AFFORDABLE
HOUSING TO BE DEVELOPED BY
COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION AT: (1) 3618 CHARLES
AVENUE, (2) 3792 FROW AVENUE, AND
(3) 3416 FROW AVENUE. (See label
105)
R 95-303
M 95-303.1
M 95-303.2
M 95-303.3
5/1/95
158-173
56. AUTHORIZE CITY MANAGER TO MAKE
PURCHASE OFFERS AND EXECUTE
AGREEMENTS WITH OWNERS OF 11
VACANT PARCELS OF LAND WITHIN
CITY'S COMMUNITY DEVELOPMENT
TARGET AREAS (TOTAL PURCHASE
PRICE $106,900) -- FOR
DEVELOPMENT OF AFFORDABLE HOUSING
FOR LOW I MODERATE INCOME
FAMILIES IN CONNECTION WITH
SCATTERED SITE AFFORDABLE
HOMEOWNERSHIP DEVELOPMENT
PROGRAM -- ALLOCATE FUNDS FROM
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM -- AUTHORIZE CITY
ATTORNEY TO CLOSE ON SUBJECT
PARCELS AFTER EXAMINATION OF
ABSTRACTS AND CONFIRMATION OF
TITLE.
57. APPOINT NINE INDIVIDUALS TO CITY
OF MIAMI AFFORDABLE HOUSING
ADVISORY COMMITTEE -- DEFINE
AFFORDABLE HOUSING PURSUANT TO
STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM. (Appointed
were: Taylor Kurau, Rafael
Cabezas & Joseph Alonso. Pending
still are six appointments to be
made.)
58. AUTHORIZE THE NEGOTIATION OF LOAN
IN AGGREGATE AMOUNT NOT TO EXCEED
$3,500,000 FROM THE SUNSHINE
STATE GOVERNMENTAL FINANCING
COMMISSION -- APPROVE EXECUTION /
DELIVERY OF LOAN AGREEMENT, WITH
PROVISOS.
59. ACCEPT PROPOSAL OF LAW
ENFORCEMENT PSYCHOLOGICAL &
COUNSELING ASSOCIATES, INC. TO
PROVIDE PSYCHOLOGICAL PRE-
EMPLOYMENT SCREENING / COUNSELING
SERVICES -- FOR POLICE
DEPARTMENT -- ALLOCATE
$133,500 -- EXECUTE CONTRACT FOR
ONE YEAR WITH OPTION TO RENEW FOR
TWO ADDITIONAL ONE-YEAR PERIODS,
SUBJECT TO AVAILABILITY OF FUNDS.
R 95-304
5/1/95
R 95-305
5/1/95
R 95-306
5/1/95
R 95-307
5/1/95
174-175
175-178
178-181
181-183
60.
CLASSIFY 15 CITITES: SURPLUS
R 95-308
184-188
SANITATION TRUCKS AND 10 SURPLUS
5/1/95
CARS AS CATEGORY "A" SURPLUS
STOCK (SHOULD SUCH VEHICLES
BECOME AVAILABLE) -- DONATE SAME
TO SISTER CITIES MANAGUA,
NICARAGUA, PORT-QU-PRINCE, HAITI
AND SAN JOSE, COSTA RICA. --
EXECUTE APPROPRIATE RELEASE
DOCUMENTS -- STIPULATE THAT
TRANSPORTATION / PACKING /
SHIPPING COSTS WILL BE SOLE
RESPONSIBILITY OF MANAGUA.
61.
ACCEPT BID: ROYAL RENT -A -CAR --
M 95-309
188-193
FOR FURNISHING AUTOMOBILE RENTAL
M 95-310
SERVICE FOR POLICE DEPARTMENT --
R 95-311
ALLOCATE FUNDS ($602,880) --
5/1/95
EXTEND CONTRACT FOR ONE YEAR, AT
SAME PRICE / TERMS / CONDITIONS,
SUBJECT TO AVAILABILITY OF FUNDS.
62.
AUTHORIZE PURCHASE OF FIVE K-9
R 95-312
194-195
POLICE DOGS FROM METRO-DADE K-9
5/1/95
SERVICES (UNDER EXISTING CITY OF
MIAMI BEACH BID NO. 3-94/95) --
FOR POLICE DEPARTMENT -- ALLOCATE
$20,000.
63.
ACCEPT BID: BLAKE CHEVROLET,
R 95-313
195-196
BUICK & GEO, INC. -- FOR
5/1/95
FURNISHING A CHEVROLET
SUBURBAN -- FOR PUBLIC WORKS
DEPARTMENT -- ALLOCATE $23,177.
64.
ACCEPT BID: METRO TECH.
R 95 -314
196-197
EQUIPMENT CORP. -- FOR FURNISHING
5/1/95
AN ASPHALT PATCH TRUCK -- FOR
PUBLIC WORKS DEPARTMENT
(OPERATIONS) -- ALLOCATE
$104,532.
65.
ACCEPT BID (TOTAL BID OF
R 95-315
197-198
PROPOSAL): GLORIA & OLGA
5/1/95
ENTERPRISES, INC. -- FOR REEVES
PARK BUILDING RENOVATION B-6232
(SECOND BIDDING) -- ALLOCATE
FUNDS ($105,363) FROM CIP 331344
& 331389 -- EXECUTE CONTRACT.
66.
ACCEPT BID (TOTAL BID): VENECON,
R 95-316 198-200
INC. -- FOR PROJECT: CHEERLEADERS
5/1/95
RESTROOM AND LOCKER ROOM II AT
ORANGE BOWL, B-6236 (SECOND
BIDDING) -- ALLOCATE FUNDS
($69,000 - CONTRACT COST, PLUS
$14,416 - ESTIMATED EXPENSES,
TOTALING $83,416) -- EXECUTE
CONTRACT.
67.
ACCEPT BID (TOTAL BID): LEADEX
R 95-317 200-201
CORPORATION -- FOR MOORE PARK
5/1/95
TRACK RENOVATION PROJECT B-6237
(SECOND BIDDING) -- ALLOCATE
FUNDS ($197,860 - CONTRACT COST,
PLUS $16,493 - ESTIMATED
EXPENSES, TOTALING $214,353) FROM
CIP 331380 -- EXECUTE CONTRACT.
68.
AUTHORIZE INCREASE ($10,000) IN
R 95-318 202
CONTRACT WITH DESIGN AWNING AND
5/1/95
STRUCTURES, INC. -- FOR PROJECT:
BAYFRONT PARK AMPHITHEATER -
CANOPY REPLACEMENT -- ALLOCATE
FUNDS (CIP 332060).
69.
RESCIND R-90-651 (WHEREBY
R 95-319 203-204
CONSTRUCTION CONTRACT WAS AWARDED
5/1/95
TO AND SUBSEQUENTLY DEFAULTED
UPON BY JORGE LARRAURI, G.C., FOR
PROJECT: MORNINGSIDE PARK -
IRRIGATION SYSTEM [SECOND
BIDDING]) -- ACCEPT BID (TOTAL
BID) OF JAFFER ASSOCIATES LTD. --
FOR MORNINGSIDE PARK IRRIGATION
SYSTEM REPAIRS AND COMPLETION OF
THE EXISTING IRRIGATION SYSTEM --
ALLOCATE FUNDS ($55,578 -
CONTRACT COST, PLUS $10,112 -
ESTIMATED EXPENSES, TOTALING
$65,690) FROM CIP 331338
(CITYWIDE IRRIGATION PROJECTS).
70. APPROVE SELECTION BY COMPETITIVE
SELECTION COMMITTEE OF MOST
QUALIFIED FIRMS TO PROVIDE
PROFESSIONAL ARCHITECTURAL
SERVICES FOR CITY OF MIAMI
PROJECTS 1995-96 -- AUTHORIZE
CITY MANAGER TO NEGOTIATE
PROFESSIONAL SERVICE AGREEMENTS
WITH: (1) THE FIVE TOP RATED
PROFESSIONAL ARCHITECTURE FIRMS,
AND (2) THE THREE TOP RATED
LANDSCAPE ARCHITECTURE FIRMS --
TO PROVIDE PROFESSIONAL AND
TECHNICAL SERVICES -- DIRECT
MANAGER TO PRESENT NEGOTIATED
AGREEMENTS TO COMMISSION FOR
APPROVAL PRIOR TO EXECUTION.
71. AUTHORIZE CITY MANAGER TO EXECUTE
SIX AGREEMENTS WITH: (1)
WOLFBERG/ALVAREZ AND PARTNERS,
(2) METRIC ENGINEERING, INC., (3)
B.A. CARMONA AND ASSOCIATES, (4)
ELEANOR CARNEY ENGINEERING
ASSOCIATES, INC. (5) A.D.A.
ENGINEERING, INC., AND (6) C.A.P.
ENGINEERING CONSULTANTS, INC. --
TO PROVIDE PROFESSIONAL GENERAL
ENGINEERING SERVICES FOR 1995-96
IN CONJUNCTION WITH CITY OF MIAMI
PROJECTS -- AUTHORIZE MANAGER TO
EXECUTE FOUR AGREEMENTS WITH: (1)
CAMP DRESSER & MCKEE, INC., (2)
CH2M HILL, INC., (3) METRIC
ENGINEERING INC., AND (4) ELEANOR
CARNEY ENGINEERING ASSOCIATES,
INC. -- TO PROVIDE PROFESSIONAL
ENVIRONMENTAL ENGINEERING
SERVICES FOR 1995-96 IN
CONJUNCTION WITH CITY OF MIAMI
PROJECTS -- ALLOCATE FUNDS.
R 95-320
5/1/95
R 95-321
5/1/95
72. DISCUSSION CONCERNING CODE DISCUSSION
ENFORCEMENT VIOLATION FINES 5/1/95
(VICENTE MARRERO).
73. RATIFY CITY MANAGER'S FINDING R 95-322
THAT A VALID EMERGENCY EXISTS -- 5/1/95
WAIVE COMPETITIVE SEALED BIDS
CONCERNING REPLACEMENT OF
SHENANDOAH PARK POOL BUILDING
ROOF -- ALLOCATE FUNDS ($50,000)
FROM CIP 331360 (SHENANDOAH PARK
IMPROVEMENTS).
204-205
206-207
207-210
210-211
74.
RECOGNIZE CANBOULEY `95, A
R 95-323 211-212
CARIBBEAN STYLE CARNIVAL
5/1/95
FESTIVAL, AS AN OFFICIAL EVENT IN
THE CITY OF MIAMI, TO BE
CONDUCTED BY CARIBBEAN CANBOULAY
OF MIAMI, INC. AND COSPONSORED BY
CITY OF MIAMI, WITH PROVISOS.
75.
(Continued Discussion) APPOINT
R 95-324 212-213
LAURA PEREZ TO THE AFFIRMATIVE
5/l/95
ACTION ADVISORY BOARD. (Pending
still is one appointment to be
made.) (See label 13)
76.
GRANT REQUEST BY CHRIST EPISCOPAL
R 95-325 213-215
CHURCH FOR WAIVER OF FEES FOR USE
5/1/95
OF COCONUT GROVE CONVENTION
CENTER IN CONNECTION WITH A DANCE
TO BENEFIT SCHOLARSHIP PROGRAM
(MAY 26, 1995).
77.
CLASSIFY THREE INOPERABLE SURPLUS
R 95-326 215-216
POLICE DEPARTMENT MOTORCYCLES AS
5/1/95
CATEGORY "A" STOCK FOR DONATION
TO COSTA RICA (EFFECTIVE APRIL
27, 1995 - APRIL 26, 1996) --
EXECUTE APPROPRIATE RELEASE
DOCUMENTS -- TRANSPORTATION /
PACKING / SHIPPING COSTS TO BE
SOLE RESPONSIBILITY OF COSTA
RICA.
78.
AUTHORIZE CITY MANAGER TO EXECUTE
R 95-327 216-217
TEMPORARY EASEMENT AGREEMENT WITH
5/1/95
STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION (F.D.O.T.) -- IN
ORDER TO HARMONIZE / MATCH GRADE
OF F.D.O.T. RAMP ON STATE ROAD A-
1-A TO BICENTENNIAL PARK.
79.
AMEND R-95-232 -- FOR 100 VISUAL
R 95-328 217-218
LIGHT SYSTEMS AND ACCESSORIES
5/1/95
(UNDER EXISTING CITY OF ST.
PETERSBURG BID NO. 4151) -- FROM
MORAN EQUIPMENT CORPORATION AT
PROPOSED AMENDED COST OF
$156,699.70 -- ALLOCATE FUNDS
FROM SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION TAX EXEMPT
COMMERCIAL PAPER REVENUE NOTES.
80. ACCEPT BID: DIAMOND NEON
SUPPLY -- FOR FURNISHING GERBER
EDGE THERMAL PRINTER COLOR
SCANNER PERIPHERAL COMPUTER
EQUIPMENT AND SITE TRAINING --
FOR DEPARTMENT OF GSA -- ALLOCATE
FUNDS ($20,008.45).
81. AUTHORIZE USE OF COMMITTEE OF THE
WHOLE (C.O.W.) ROOM BY THE AD HOC
COMMITTEE FAMILY REUNIFICATION
PROGRAM, INC., OPERATION ANGEL
PROJECT, A PUBLIC / PRIVATE
PARTNERSHIP CREATED TO HELP
RELOCATE CUBAN AND HAITIAN
REFUGEES ARRIVING FROM U.S. NAVAL
BASE, GUANTANAMO, CUBA -- EXECUTE
NECESSARY DOCUMENTS.
R 95-329
5/1/95
R 95-330
5/1/95
218-219
220-221
82.
DISCUSSION CONCERNING RENTAL OF A
DISCUSSION 221-223
FORKLIFT AT MIAMI MARINE STADIUM
5/l/95
($34,000). (See label 107)
83.
DISCUSS AND DEFERCONSIDERATION OF
M 95-331 223-229
PROPOSED RESOLUTION TO ENDORSE
5/1/95
METROPOLITAN DADE COUNTY'S
CREATION OF AN ENTERPRISE ZONE
ADVISORY COUNCIL -- REQUEST
COUNTY TO PROVIDE AT LEAST 2
MEMBERS ON COUNCIL REPRESENTING
THE CITY OF MIAMI. (See label 86)
84.
VICE MAYOR PLUMMER REQUESTS
DISCUSSION 230-231
ADMINISTRATION TO ASSIST REV.
5/l/95
MADDEN, FROM GESU CHURCH,
DOWNTOWN, IN HIS EFFORTS TO
OBTAIN HISTORICAL INFORMATION
CONCERNING THE CHURCH -- AIR NON-
RELIGIOUS PUBLIC ANNOUNCEMENTS ON
CABLE CHANNEL 91 IN ORDER TO
OBTAIN INFORMATION WHICH COULD BE
USED IN CONNECTION WITH THE
CITY'S CENTENNIAL CELEBRATION.
85.
APPOINT EDDY SILVA TO THE
R 95-332 231
OCCUPATIONAL LICENSE EQUITY
5/1/95
STUDY.
86.
(Continued Discussion) ENDORSE
R 95-333 232-236
METROPOLITAN DADE COUNTY'S
5/1/95
CREATION OF THE ENTERPRISE ZONE
ADVISORY COUNCIL, SUBJECT TO
MIAMI CITY COMMISSION HAVING THE
RIGHT TO APPOINT THREE MEMBERS.
(Appointed were: Roger Barreto,
Sr., Rev. Ralph M. Ross &
Commissioner Victor De Yurre.)
(See label 83)
87.
DENY SPECIAL EXCEPTION FROM
R 95-334 237-254
ORDINANCE 11000 (ARTICLE 9,
5/1/95
SECTION 934, COMMUNITY BASED
RESIDENTIAL FACILITIES,
SUBSECTION 934.3, CERTIFICATE OF
USE NOT TRANSFERABLE), TO ALLOW
CHANGE OF OWNERSHIP (CERTIFICATE
OF USE NO. 105341) AT 250 N.W.
SOUTH RIVER DRIVE (ZONED R-4
MULTI -FAMILY HIGH DENSITY
RESIDENTIAL). [Applicant: The
Salvation Army (Owner) /
Northwest Dade Center, Inc.
(Buyer).]
88.
DISCUSS AND CONTINUE
M 95-335 255-268
CONSIDERATION OF APPEAL OF
5/1/95
SPECIAL EXCEPTION FOR A
TRANSMISSION TOWER IN CONNECTION
WITH A PROPOSED CELLULAR
COMMUNICATION SITE AT 749 N.W. 5
AVENUE - INSTRUCT CITY MANAGER TO
MEET WITH APPLICANT AND DONALD
BENJAMIN, CHAIRMAN, OVERTOWN
ADVISORY BOARD, IN AN EFFORT TO
FIND ALTERNATE SITE, AND MAKE
RECOMMENDATION TO COMMISSION
WITHIN 90 DAYS. (Applicant:
Robert F. Oden. Appellant:
Overtown Advisory Board.)
89.
DISCUSSION CONCERNING
DISCUSSION 268-278
APPOINTMENTS TO THE BOARD OF
5/l/95
TRUSTEES OF THE CITY OF MIAMI
GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST.
90. GRANT VARIANCES FROM ZONING
ORDINANCE 11000, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-1 SINGLE FAMILY
RESIDENTIAL, PERMITTED PRINCIPAL
USES -- TO PERMIT: (1) A NORTH
SIDE YARD SETBACK OF 0'2" FOR
EXISTING ALUMINUM CARPORT; ( 2 ) A
NORTH SIDE YARD SETBACK OF 3'0111
AND (3) A WEST REAR YARD SETBACK
OF 2'0" -- TO PERMIT AN EXISTING
ALUMINUM SHED -- AT 820 N.W. 35
COURT, WITH PROVISOS. (Applicant
/ Appellant: Amor Esther Erice,
Owner.)
91. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 ATLAS --
CHANGE DESIGNATION AT 2728 S.W.
12 STREET FROM R-2 TWO-FAMILY
RESIDENTIAL TO 0 OFFICE.
(Applicant: Francisco T. Valdes,
Owner.)
92. FIRST READING ORDINANCE: AMEND
MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN (MCNP ORDINANCE 10544)
FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 5600-5664
W. FLAGLER STREET FROM RESTRICTED
COMMERCIAL TO GENERAL COMMERCIAL.
(Applicant: Joseph & Karen
Lawrence, Owners.)
93. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 ATLAS --
CHANGE DESIGNATION AT 5600-5664
W. FLAGLER STREET FROM C-1
RESTRICTED COMMERCIAL TO C-2
LIBERAL COMMERCIAL. (Applicant:
Joseph & Karen Lawrence, Owners.)
94. DENY PROPOSED FIRST READING
ORDINANCE TO AMEND MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN
(MCNP ORDINANCE 10544) FUTURE
LAND USE MAP, TO CHANGE
DESIGNATION AT 615 N.E. 62 STREET
AND 620 N.E. 63 STREET FROM
MEDIUM DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL.
(Applicant: James Yeong Yuh Shen
& Yu -Ching Fu Shen, Owners.)
R 95-336
5/1/95
ORDINANCE
FIRST
READING
5/1/95
ORDINANCE
FIRST
READING
5/1/95
ORDINANCE
FIRST
READING
5/1/95
M 95-337
5/1/95
278-292
292-293
294-304
304-305
305-315
95. DENY PROPOSED FIRST READING
ORDINANCE TO AMEND ZONING
ORDINANCE 11000 ATLAS, TO CHANGE
DESIGNATION AT 615 N.E. 62 STREET
AND 620 N.E. 63 STREET FROM R-3
MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL AND SD-9 BISCAYNE
BOULEVARD NORTH OVERLAY DISTRICT.
(Applicant: James Yeong Yuh Shen
& Yu -Ching Fu Shen, Owners.)
96. DISCUSS AND CONTINUE (TO MAY 25TH
MEETING, OR NO LATER THAN JUNE
22ND MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO APPEAL
SPECIAL EXCEPTION (AS LISTED IN
ZONING ORDINANCE 11000, ARTICLE
4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, R-2 TWO-
FAMILY RESIDENTIAL, CONDITIONAL
PRINCIPAL USES, FOR LOTS WITH
MORE THAN 5,000 SQUARE FEET) --
TO ALLOW ONE ADDITIONAL DWELLING
UNIT FOR EACH ADDITIONAL 2,500
SQUARE FEET OF LOT AREA, FOR TWO
LOTS WITH NET AREA OF 22,960
SQUARE FEET; ETC. -- AT 3060
ORANGE STREET. (Applicant: Luis
Dominguez & Ken Rampone, for
Central Grove Prop., Inc.
Appellant: Gerald C. Marston &
Carlos Rodriguez.)
97. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS -- PROHIBIT PLACEMENT
OF DONATION COLLECTION BINS
WITHIN ALL ZONING DISTRICTS.
(Applicant: Planning, Building &
Zoning Dept.)
M 95-338
5/1/95
M 95-339
5/1/95
ORDINANCE
11255
5/1/95
315-317
317-326
326-327
98. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-1 SINGLE FAMILY
AND R-2 TWO FAMILY RESIDENTIAL
DISTRICTS -- ALLOW CHILD DAYCARE
CENTERS WITH A CAPACITY OF MORE
THAN 20 CHILDREN BY SPECIAL
EXCEPTION ONLY -- AMEND SECTION
936 BY MODIFYING CERTAIN GENERAL
CHILD DAYCARE CENTER
REQUIREMENTS. (Applicant:
Planning, Building & Zoning
Dept.)
99. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, G/I GOVERNMENT AND
INSTITUTIONAL ZONING DISTRICT --
MODIFY SIGN REGULATIONS.
(Applicant: Planning, Building &
Zoning Dept.)
100. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT,
SECTION 609, SD-9 BISCAYNE
BOULEVARD NORTH OVERLAY
DISTRICT -- MODIFY REGULATIONS
PERTAINING TO DEMOLITION PERMITS,
LINK FENCES AND SIGNAGE, AND
PROHIBITING HEALTH CLINICS, POOL
HALLS, BILLIARD PARLORS AND GAME
ROOMS. (Applicant: Planning,
Building & Zoning Dept.)
101. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT,
SECTION 401 -- ALLOW "CONTAINER
YARDS" AS A CONDITIONAL PRINCIPAL
USE IN I -INDUSTRIAL ZONING
DISTRICT BY SPECIAL EXCEPTION
PERMIT ONLY -- ADD NEW SECTION
942: CONTAINER YARDS, TO IDENTIFY
/ SPECIFY LIMITATIONS AND
CONCERNS ASSOCIATED WITH THE
USE -- AMEND SECTION 2502 TO
DEFINE CONTAINER YARDS.
(Applicant: Planning, Building &
Zoning Dept.)
ORDINANCE
11256
5/1/95
ORDINANCE
11257
5/1/95
ORDINANCE
11258
5/1/95
ORDINANCE
FIRST
READING
5/1/95
328-331
331-332
332-335
336-337
102.
FIRST READING ORDINANCE: AMEND
ORDINANCE
ZONING ORDINANCE 11000 TEXT,
FIRST
SECTION 608, SD-8 DESIGN PLAZA
READING
COMMERCIAL RESIDENTIAL
5/l/95
DISTRICT -- ALLOW "OUTDOOR
PHOTOGRAPHIC STAGE SETS" AS A
CONDITIONAL PRINCIPAL USE BY
CLASS II SPECIAL PERMIT -- AMEND
SECTION 2502 TO DEFINE OUTDOOR
PHOTOGRAPHIC STAGE SETS.
(Applicant: Planning, Building &
Zoning Dept.)
103.
FIRST READING ORDINANCE: AMEND
ORDINANCE
ZONING ORDINANCE 11000 TEXT,
FIRST
SECTION 401 -- CLARIFY LIST OF
READING
PERMISSIBLE USES WITHIN THE C-2
5/1/95
LIBERAL COMMERCIAL ZONING
DISTRICT -- AMEND: (1) SECTION
906 TO ADD LANGUAGE REGARDING
ALLOWABLE SIZES OF ACCESSORY
STRUCTURES; (2) SECTION 915 TO
LIMIT OVERALL HEIGHTS OF
BUILDINGS WITHIN R-1 AND R-2
ZONING DISTRICTS; (3) SECTION 917
TO ADD LANGUAGE REGARDING
ALLOWABLE PARKING MANEUVERS
WITHIN RESIDENTIAL DISTRICTS; AND
(4) SECTION 2502 TO PROVIDE A
DEFINITION AND METHOD OF
CALCULATION FOR BUILDING HEIGHT.
(Applicant: Planning, Building &
Zoning Dept.)
104.
DISCUSS AND REFER TO THE MIAMI
M 95-340
STREET CODESIGNATION REVIEW
5/l/95
COMMITTEE PROPOSAL TO CODESIGNATE
A CITY STREET IN HONOR OF JOHN B.
MOBLEY.
105.
(Continued Discussion)
M 95-341
RECONSIDER PRIOR VOTE (95-303.3)
M 95-341.1
WHICH HAD DELETED 3917 WASHINGTON
5/l/95
AVENUE FROM THE COCONUT GROVE
LOCAL DEVELOPMENT CORPORATION
(CGLDC) PROPOSAL -- GRANT REQUEST
FROM CGLDC TO FUND THREE PROPOSED
SITES -- DIRECT MANAGER TO
PURCHASE 3917 WASHINGTON AVENUE.
(See label 55)
337-339
339-340
340-341
341-342
106. APPOINT COMMISSIONERS AS
R 95-342
CHAIRPERSONS OF CERTAIN BOARDS
5/1/95
(EFFECTIVE JUNE 1, 1995): (1)
VICE MAYOR PLUMMER - BAYFRONT
PARK MANAGEMENT TRUST; (2)
COMMISSIONER DE YURRE - MIAMI
SPORTS AND EXHIBITION AUTHORITY;
(3) COMMISSIONER GORT - DOWNTOWN
DEVELOPMENT AUTHORITY; AND (4)
MAYOR CLARK AND COMMISSIONER
DAWKINS - SOUTHEAST OVERTOWN /
PARK WEST COMMUNITY REDEVELOPMENT
AGENCY.
107. (Continued Discussion) AUTHORIZE
R 95-343
RENTAL OF A FORKLIFT AT MARINE
5/l/95
STADIUM MARINA -- ALLOCATE
$34,000. (See label 02)
343-344
344-346
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of April, 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 9:04 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Miller J. Dawkins
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
ABSENT:
Commissioner Victor De Yurre
Commissioner Wifredo Gort
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: By memorandum from the City
Manager, agenda items -7, CA-9, CA-11, 21, 29, 44, 45 and 53
were withdrawn.
1 _ April 27, 1995
NOTE FOR THE RECORD: At this point, Vice Mayor Plummer
requests t e ommission and citizens of Miami to remember in
their thoughts and prayers the people of Oklahoma City who have
suffered an unbelievable tragedy in the recent bombing of the
Federal Building.
NOTE FOR THE RECORD: There were no presentations made,
as none of the interested parties were present.
i
NOTE FOR THE RECORD: Vice Mayor Plummer states that the
Sanitation workers wou We to sppeak to the issue of the Pension
Board, and requests that the item be scheduled after 5:00 p.m.
-- -------------------------------------------------------------------------------------------------------------
1. DISCUSSION CONCERNING BUDGET CUTS AND RECENT LAYOFFS IN
THE CITY OF MIAMI, WITH PARTICULAR REFERENCE TO THE EFFECT
ON AFRICAN-AMERICANS OF THE DISBANDING OF THE OFFICE OF
PROFESSIONAL COMPLIANCE AND EQUAL
OPPORTUNITY/AFFIRMATIVE ACTION DEPARTMENT.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: A group of citizens wish to be heard, and they're not on the agenda. I
request that we hear them, please.
Mayor Clark: We'll hear them right now.
Commissioner Dawkins: OK. Madam.
Ms. Adora Obi Nweze: Good morning, Mr. Mayor, members of the Commission. My name is
Adora Obi Nweze. I'm president of the Miami -Dade Branch of the NAACP (National
Association for the Advancement of Colored People), and I'm here representing the branch. I'm
here to speak to you for a few moments this morning about what we consider to be a contract on
black America. The City Manager has developed a plan to reduce the budget, to have recisions.
We are well aware of that plan. The plan...
Mayor Clark: Excuse me. Just a moment, please.
Ms. Nweze: Yes.
2 April 27, 1995
Mayor Clark: At this session, we will not cast any aspersions on any person, any person's name,
whether it be the Manager, the Commission, or you fine people.
Ms. Nweze: Mm-hmm.
Mayor Clark: So continue.
Ms. Nweze: The plan that has been developed is a plan to have a contract on black Miami. It
certainly is reflective of what Congress is doing right now. It is definitely against our people.
As we look at the budget, we look at what is being done to blacks who are working in the City of
Miami, as it relates to - not percentages and numbers - but as it relates to specific departments
and how it impacts our people as a whole. As we look, for example, at the Office of Affirmative
Action, we know that, that office should not be combined and put under another office. It
certainly should not be put under the office who is responsible for seeing that the things are
carried out in the consent decree and the contracts that, that office is responsible for overseeing.
We are here to recommend that, that office be placed either under the Commission or under the
City Attorney. We definitely are very, very concerned at the way in which offices are being
folded under. We're concerned about the budget, because as we look at how the budget is being
looked at in terms of cutting it down, we see that the monies that are used on people's salaries is
being used on those who make lower salaries, not people who are making higher salaries. We
look at those persons who are making between sixty and over a hundred thousand dollars. They
have not hurt one bit. We also feel that you should look, as a Commission, at the fat that's in the
budget, the perks that are being given to employees, and all the things that are happening to
those who have not been impacted. But the budget is being cut on the backs of those who don't
have. We, in black Miami, cannot tolerate any more. When we are played with about the
numbers game, we understand that game. We are the last one hired and the first one fired. One
black American being fired in the City of Miami means that it looks like the picture will be in
the next five years, none of us will be here. The few, as you call it in numbers, that have been let
go, signify to us that it's a signal that the percentages will gradually decrease. Blacks who are
left here in Miami had ... in the City of Miami being hired - had better beware, because their
numbers are coming up next. We understand the game. It's being played here in America, it's
being played here in Miami. Our numbers are against us, because we are gradually decreasing as
a race of people in the City of Miami, and throughout Miami/Dade County. We are suffering.
We are asking you to do three things. Number one, we're asking that you take a closer look at
your budget and the way it is being presented to you. Do not allow anyone to recommend to you
a budget that impacts so severely and negatively a group of people today and tomorrow. We're
asking that you take that budget and make sure everybody comes to the table, and has a decrease,
and shares in the pain. Do not put it on the backs of a few. Number two, we're asking that you
look at the offices that have been either put under somebody else, or have been decimated by the
numbers that you've taken out of there of black Americans. Be sure that those offices report
either to you directly, or they report to the City Attorney, anybody who is independent of any
interest. The third is, we're asking that you look at the fat in your own budget. You, as a
Commission, are responsible for this budget and what has happened to the City of Miami. We're
concerned. What has been happening within the nine and a half years that we have been faced
with this kind of action? We should not, at this point, be facing a bankrupt City, if money had
been managed appropriately. We feel that the money has not been managed appropriately. We
feel that as elected officials, you have an obligation to the persons that you represent to at least
give them an opportunity to, number one, be a part of the process; number two, explain to them
what happened; number three, you need to have an audit of what has happened to the money
within the City of Miami, the amount of loans that have been made. What has been going on?
How is it being spent, and is it being done effectively for all the people in this City? There is
something wrong, Commissioners, and Mayor and Commissioners, you are responsible. We are
very, very concerned. We are prepared to do whatever is necessary to make sure that the citizens
of the City of Miami have an equal opportunity to see what is happening to their money, what's
3 April 27, 1995
happening to their jobs, and what's happening to their lives. You know that as elected officials,
you have an obligation to answer to the people.
NOTE FOR THE RECORD: Commissioners Gort and De Yurre
enter the Commission chamber at 9:08 a.m.
Mayor Clark: Thank you, ma'am. Now, someone representing PULSE (People United to Lead
the Struggle for Equality).
(APPLAUSE)
Mayor Clark: Give us your name and...
Mr. Charles Gray: My name is Charles Gray. I live at 14000 Munroe Street, Miami, Florida,
33176. I'm speaking for an organization, PULSE, People United to Lead the Struggle for
Equality. And there is a tremendous need on the part of our elected officials to join with PULSE
to see... And it is your responsibility, as was stated by the previous speaker, it is your
responsibility. That's why I work so hard, and the people work hard to support you on your
campaigns, that you promised that I or we would get a fair share, you would treat us all the same.
It is not being done. I cannot see how five highly qualified professionals could sit by for nine
years and see this City go from $30,000,000 in the black to $30,000,000 in the red, and not know
it, and not step in somewhere along the line, and not allow... One individual, regardless of the
qualifications, cannot run a City like this. This is why you have that office. You are supposed to
run the City. You should be checking on it. And I... We're going to demand that an audit be
made. You should want to know what happened to this money. If you already know it and
didn't do anything about it, something is wrong with you. It's just that simple. And it's not...
We're not here to ... We're not here to criticize you as a man, but criticize you for what you
have done and what you have not done. Our job... We're not trying to... If we can't help, we
don't want to hurt. We are here to try to help improve the conditions in this community. And
we need... We need your support. And I don't understand why... I won't repeat the things that
the previous speaker said, but I am... I'm just appalled at you people, the Commissioners, to sit
by for nine years and see this thing going down the hill, and not jumping out there putting a
block, or throwing a stumbling block somewhere to stop it. Wait until it's too late, then you say
you want to pick on the poor people, people who can't afford it. These people who are losing
their jobs and getting cuts in pay have got homes to pay for, they got children to educate, and the
people who are making these hundreds and hundred and fifty thousand dollars probably don't
have any children. They're just sitting on their laurels. We are... We are demanding that you
step in here and do something about it. It's just that simple.
Mayor Clark: All right. Thank you, Mr. Gray. All right. Someone representing...
(APPLAUSE)
Mayor Clark: ... someone representing SCLC (Southern Christian Leadership Conference).
Mr. Ray Fauntroy: Good morning, gentlemen. Good morning, citizens. I don't want to reiterate
what's already been said, but to say to you that this is a very serious situation. It's a very serious
issue. My name is Ray Fauntroy. I'm president of the Southern Christian Leadership
Conference, 5660 Northwest 7th Avenue, in Miami. This is a very serious issue. It should not
be taken lightly. We are serious. We intend to correct the condition that exists here, not only for
our community, but for the total community. We must all live together here in peace. We must
4 April 27, 1995
all live together here, regardless of what it takes. We're going to... We're going to share this
City. Our blood, sweat and tears are in this soil. We do not intend to be run out by politics,
"politricks," or any other method that might be contrived by those who simply want to have one
group of people own everything. It's not going to happen. We are here to stay. We're going to
assert ourselves by whatever means necessary. We will assert ourselves as human beings, and as
people in this City, in this County, and in this State, and in this country. Thank you.
Mayor Clark: Thank you, Mr. Fauntroy.
(APPLAUSE)
Mayor Clark: Representing the New Miami Group. Is someone present? You signed an awful
lot of affidavits here. Mrs. Range, are you present? Mrs. Athalie Range, Commissioner. All
right. Reverend Arthur Jackson. Reverend Jackson, are you present?
Reverend Arthur Jackson: Yes, sir.
Mayor Clark: Please come forward.
Reverend Jackson: Good morning, Mr. Mayor, Commissioners and my fellow citizens.
Commissioner Dawkins: Your name and address, please, Reverend.
Reverend Jackson: My name is Pastor Arthur Jackson. I'm the pastor of New Shiloh Baptist
Church. I'm the moderator of the Florida East Coast Baptist Association. My district starts in
Homestead and goes north to Daytona Beach. I have 125 churches in my district. I represent the
largest black religious group in the State of Florida, the third largest one in the convention. My
concern, Mr. Mayor and Commissioners, is those that have been stated by the previous speaker,
that you take a good look at the system and how we are representing our people. My concern is,
if it's not right, let's make it right. And you, Commissioners and Mayor, you have the power,
you have the mechanism to do it with. We are concerned at this point, and we leave today,
whether you take a hard look at the matter that is at hand, and if you would do that for us, then
we would be pleased.
Mayor Clark: Thank you.
Reverend Jackson: Thank you.
Mayor Clark: Thank you, Reverend Jackson.
(APPLAUSE)
Mayor Clark: Mrs. Range. Someone representing the New Miami Group? We've got a little
more time here. If someone just wants to come up and tell us what's on their heart, why that's
all right. Give us your name and address.
Mr. Nathaniel Wilcox: My name is Nathaniel Wilcox, and my address, 3111 Northwest 135th
Street. I'd also like to share in the concerns that many of the other speakers have embraced, and
one of the concerns is the elimination of key departments, or cutting back, scaling back of key
departments that worked for the best interest of the African -American community. And two of
those departments are the departments that deal with affirmative action, and also the Office of
Professional Compliance. And we feel that all the hard work, and the sweat and toil that has
gone into helping to keep this community calm and helping to make this community prosper,
some way, it's being shuffled and relegated to insignificance. And we feel that the Department
5 April 27, 1995
of Professional Compliance has played a very effective and major role in receiving citizens'
complaints concerning police brutality. We know the '80s was a decade of rocking and rolling,
with violence, and crime, and police brutality, and the community was all in an uproar. And we
feel that to relegate the Office of Professional Compliance to the back burner, to put it in an
insignificant role would have a very devastating effect in the calmness on our community. We
feel that affirmative action, as it deals with us, minorities, African -Americans is very important.
We know that there have been those individuals seemingly unseen hands at work, to do away
with the consent decree, to do away with those things, those laws that have been put in place to
help us make it up the ladder.. And we're not going to sit back and allow it to happen. We're not
going to go away. I don't know if there are those who have other plans for us, in thinking that,
well, we're not going to do anything, we're not going to say anything, but it's a new day now.
We have all the major African -American community organizations, NAACP, PULSE, SCLC,
we're working together on this thing, and we're not going to lay down, and we're not going to
just roll over, and we're not going to play "Fetchit," and we feel that a lot of the monies that
could have been collected and dealt with is just not happening. A lot of perks that City workers
have that drive around in jeeps and have all type of take home cars, and going all up to Broward
County, driving City cars, burning City gas, taking these cars somewhere else, well, I can see if
these offices were here in the City of Miami, but what effect... How is the City of Miami going
to profit from our cars going somewhere else? All types of ways we feel could have been taken
advantage of to trim the fat back, instead of throwing out workers who need their jobs. And we
feel that this Commission... We're holding this Commission responsible to have somebody in
there that's going to take an objective look, and really deal with the situation, and not come up
with excuses. All we hear is a bunch of excuses. So we're not going to sit back and just allow
excuses to be thrown our way, and accept that. And we feel that the Office of Professional
Compliance, if you want to combine two offices, Office of Professional Compliance, and also,
the department that deals with affirmative action, put them together, and put someone over it
that's strong, somebody that knows what's going on, someone that's going to effectively protect
the interest of our community. Because we are here, we're watching, we're observing, and
we're not blind, and we're not crazy, and we're not stupid. So we don't want to be treated as
such. So we're holding this Commission responsible for the livelihood and the best interest of
the African -American community.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Mr. Manuel Gonzalez-Goenaga: Good morning, citizens of Miami.
Mayor Clark: Sir, speak to the Commission, will you, please?
Mr. Gonzalez-Goenaga: Good morning, Commissioners. For me...
Mayor Clark: Give us your name and...
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. I am a resident of the City of
Miami. I reside on 2469 Southwest 14th Street, and yesterday, at the Dade County Jail, for the
eighth time. Fellow Commissioners, the day of reckoning is today. "Despasito no se llega." I
have been trying to go "despasito" for the last three years, and nothing has happened. I don't
think I am speaking to the proper forum for one particular reason. I have seen and I have come
here, I have spoken about police brutality, I have spoken about the abuses, harassment in the
black community, in the Puerto Rican community, and nothing has been done. This is not my
proper forum, and I urge you Commissioners, with few exceptions, to put your pants on.
Otherwise, we will take them off. Thank you very much.
6 April 27, 1995
Mayor Clark: All right. Thank you.
(APPLAUSE)
Reverend Jean -France Bruno: My name is Jean -France Bruno, and I'm a member of Miami
National Association of Life Underwriters, which I'm an insurance agent for the Insurance
Department.
Mayor Clark: What is your address?
Mr. Bruno: My address is 80 Northwest 45 Street, City of Miami, Dade County. And also, I'm
a reverend of the Church of God, located at 5946 Northwest 12th Avenue. And also, I have a
few words to add over what my previous fellow has been done. Mayor and Commissioners, and
also, the people have a power in the Dade County. I have to add a few words, according to what
is going on in the City of Miami. Myself, I have been victimized from police brutalities, and
also, from the way I have been treated since I've been living in Dade County for 14 years. In the
past when... I remember when I first came down here, whenever something happened, we
stepped forward for it. We used to have, you know, a result, as quick as possible time. And so
far, I've been looking around the City of Miami. We have been mistreated, as black people in
that City. Our community is the one stay dirty, because we never had it cleaned, as we want it.
When... I've been looking around, because I've been sitting on the street almost 16 hours a day,
because my job is to be going day to day basis to see my customers. And also, I can see so many
children in the street, really need some help, which they never have a chance to get it, either by
the school, either by the living, either by the way they have been treated. Also, for us to have a
job, we can't be going somewhere which we know they have a need for people, and then when
they be looking over at us, we been turned down for whatsoever reason. We never have a
chance to get any employment, or if we do have it, we have it on the basic salary, not at the
highest class, according to our qualification. What we are asking, especially on my behalf, in the
Haitian community, we do need the City of Miami Mayor and the Commissioners are looking
over to our community, and see what is going on, and when we ask for something, when we cry,
as a baby, that's when we need to get feed. We don't cry because we have overfeeding. That's
being... I would like to see when we are paying our taxes, our money be going somewhere which
we can have it back, and what we need, because I believe everybody is here paying their taxes,
and they see, or they are looking forward where their money will be going, and they don't pay
their money to be putting it one side, and the other side will be happy with it, and the other side
will be suffering from what they have been paying. I thank you very much.
Mayor Clark: All right. Thank you, sir.
(APPLAUSE)
Mayor Clark: Yes, sir.
Reverend Willie Starkes: Mr. Mayor, Mr. Commissioners, the City Manager, my name is Willie
Starkes. I reside at 501 Northwest 19th Street. I presently serve a capacity in the City as the
Chairman of the Overtown Crime Prevention Sub -Council. I stand today to speak about the
down -sizing of the City of Miami Government. You know, too often in history, we'll
acknowledge that African -Americans in any municipality are the last ones hired and the first
ones fired. I understand the City Manager had a meeting with him last week. He explained his
program. But I am concerned about throwing out the "baby with the bath water," and when you
try to correct a mistake, at the price of those who need it the most, then I have a problem with
that. The elimination of the Affirmative Action Committee, the elimination of the Office of
Professional Compliance, to me, is reverting back to pre -civil rights days. There's no way you
7 April 27, 1995
can put the "fox over the hen house" and expect to save the chickens. I believe that we need to
reconsider what has been planned, to make sure that we don't lose any ground. Let's not put our
head in the sand as the ostrich and say, well, things are well, and things will remain well. We
know the history of this country. We know the history of our people. We know what we have
gone through, and we know that the mentality is back.
Unidentified Speaker: That's right.
Reverend Starkes: From Washington to Miami, that mentality is back. We need to make sure
that we are not concerned about numbers and dollars than we are about human beings and human
lives. Remember, history and the junkyard of history is littered with governments who had fell
by the way, because they forgot one thing - the God who brought them over. Let's not forget
that God is still in this thing. Let's not forget that God ordained government, and you who are in
power have the responsibility to God and to the citizens to make sure that all the citizens are
treated equally and fairly. Let's not, as I close, let's not, for the benefit of helping our peers, or
being part of the status quo, decide that we want to revert back to pre -civil right days. It's not
going to happen, we won't stand for it, we shall not stand for it. And if you think - and this is
not a threat, this is from God above - if you think that folks are going to stand by and go back to
the 1940s, '50s, and '60s, please, don't kid yourself. It will not happen. You've come to me
during the disturbances before. I risked my life in the community to try to quell things. I will
not do it behind this type of government.
Unidentified Speaker: That's right.
Reverend Starkes: Thank you.
(APPLAUSE)
Mr. Edwin Lyons: Commissioners, Mr. Manager, my name is Edwin Lyons. I live at 3720
Northwest 170th Street, Miami, Florida, Dade County. I am a City of Miami firefighter. I've
been with the department for 15, 16 years. I came on the job because of affirmative action
programs. I want to remind you of the fact that in 1977, there was a consent decree in the City
of Miami which spelled out and reminded you to... in fact, demanded that you create programs,
you make opportunities for blacks, Hispanics, for women, and that decree was enforced to some
extent, since 1977. It has been opposed, as you know, by different groups and different
organizations, and vigorously opposed by the International Association of Firefighters,
particularly Local 587. You know that there have been countless appeals to that consent decree.
You know that here recently in... two or three months ago, that Judge Kehoe and the Federal
Courts have said to the City of Miami, again, you have not done what you were supposed to have
done with respect to affirmative action, with respect to hiring, with respect to promotions of
minorities, particularly in the Fire Department. It said to you that there will be a new consent
decree - and you all know that, I don't need to remind you of that - and that it it must be
vigorously enforced. And it said that, forthwith, it shall be a new process in which minorities
need to be tested for the Fire Department, because the test that you're currently using is
discriminatory. And the City Manager said recently that we're doing away with departments
that are not essential. He says that we're doing away with departments that, you know, that we
can shuffle under other departments. But I say to you that affirmative action is something that
brought me, and probably about 95 percent... In fact, 99 percent of every black firefighter on the
City of Miami Fire Department is there because of affirmative action. When I came on the job
in 1979, there were three blacks who were on the department that was not there because of
affirmative action. And in nineteen hundred and ninety-five, we have some 110 black
firefighters. And the Court has said you have not done enough. The Courts have said,
gentlemen, you have not done your jobs. But the Manager says we must do away -with non-
essential departments. -Well, the Federal Courts have said you haven't done enough. _- -
8 April 27, 1995
Unidentified Speaker: That's right.
Mr. Lyons: I plead with you, I beg you, as one who was born and raised in the streets of the City
of Miami, as one who believes that I have a stake in this City, one who believes that every little
black child out there, like me, has got a stake in this City, who lives in the City boundaries, I ask
you to please reconsider these recent cutbacks, please consider restoring the enforcement power
to Affirmative Action Office. Please reconsider what you have done with the Department of
Professional Compliance. Please reconsider what you've done to Community Development, so
that those entry level jobs and training for our people, for those that are most disadvantaged,
would have an opportunity to share in the wealth and the opportunities that this City provides all
of its citizens. Thank you.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Mayor Clark: We want you to know that your words have not fallen upon deaf ears, and this has
been tried pretty extensively in the radio stations. I've heard it myself. There were some pretty
defaming remarks about this Commission, and our Manager, and everyone else. That's not the
way to settle anything. I have a firm guarantee from our Manager that he said he won't meet
with anybody... Ile says here today he will meet with anybody at any time concerning this right -
sizing of our government, which is happening not only in this City. It will happen in the County
and other cities throughout. And I'd like to inform the gentleman that got up and said for nine
and a half years, Mr. Gray, I wasn't here nine and a half years ago. I've only been here about a
year and a half, and my colleague, Willy. So nine and a half years, don't throw everything...
Don't throw us out with the bath water, too. We just got here. We're trying our best to bring
this back and let everybody be served properly, evenly and respectively, according to their
position. Now, Reverend Ferguson, you want to say a word? Then we're going to wind this up.
Reverend Dr. Thomas Ferguson: Yes, sir, yes, sir, yes, sir.
Mayor Clark: But let me remind you, now, the Manager is ready, willing and able to meet with
any of you for reconsideration any time you want to, so let no one go out of here saying that they
have not had the opportunity to speak to the Manager. This Commission doesn't have the
ability, legally, to hire or to discharge any employee, and if we did, we'd violate our own
position. The Manager will tell you... The Attorney will tell you that, and we cannot do that.
That's not our position.
Unidentified Speaker: You don't hire the Manager?
Mayor Clark: Ma'am?
Unidentified Speaker: You don't hire the Manager?
Mayor Clark: I didn't say the Manager. I said other people. The only two people that we hire
or discharge is the Manager and the City Attorney.
Vice Mayor Plummer: And the City Clerk.
Mayor Clark: And the City Clerk. Yes, sir.
Reverend Dr. Thomas Ferguson: To the Mayor and the Commissioners and members of this
body, distinguished guests in this community.
9 April 27, 1995
Commissioner Dawkins: Give us your address, Reverend, please, name and address.
Reverend Ferguson: I am the Reverend Dr. Thomas Ferguson, associate pastor, Canaan
Missionary Baptist Church, where all of you have been elected, and I'm here to tell you today
that we are sensitive to the needs of those who support us as it relates to equal employment
opportunities. Right now, we have not been a part of this American dream, or this dream that
you have here. We're blaming the County Manager. Specifically, we're blaming the County
Manager.
Vice Mayor Plummer: The City Manager.
Reverend Ferguson: The City Manager, and those who support him. The cuts that are being
made now, and the decisions that are being made, we're not a part of it. This community is not a
part of what you're doing as it relates to equal employment opportunities. And what we're
saying now is that, give us the same opportunities that you're giving to others. We're not asking
for no more, yet we're not going to ask for less. And what we're saying is that if we have to take
to the streets to demonstrate our concerns as it relates to equal employment opportunities, we
will. We have put our faith in you. We have supported you. We have went out and campaigned
for you. And one of the things, Mayor Steve Clark, that I did when you first was elected, we
prayed for you, that God would bestow upon you the sensitive needs of not Afro-Americans, but
all concerned. And that's why we're here today, to let you know we are not going to tolerate
taking a back seat no longer. We're going to let our cry be heard all over the world, if need be.
Get together and make sure that when there are cuts, it is cuts across the board, and not just with
Afro-Americans, because we are not going to tolerate it. We will go to the streets, and we will
go to jail for justice, the same kind of justice we did in Vietnam, and in Korea. We will go to jail
for justice and equal employment opportunities. Thank you very much, sir.
Mayor Clark: Thank you very much.
(APPLAUSE)
Mayor Clark: Ladies and gentlemen, for reconsideration of any motion that you have, the
Manager is open to your suggestions, and if you set a meeting up right now with him, he'll be
happy to accept it, but not here at this meeting, because we have a long agenda today. If you
want to meet with the Manager, you just... he'd be happy to. Right, Mr. Manager? Any time.
All right?
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: If I may, for a second. You know, we talk about nine and a half years.
I've been here - what? - seven plus. And in seven plus years, I am proud of a lot of things that
have happened here, a lot of things. Because I have seen, for example, our City Attorney go
from one position to another, I've seen Lucia Dougherty sit there, I've seen Jorge Fernandez sit
there, and now I see A. Quinn Jones sitting there, and I'm proud to see that, that position has
been held because of what the individual offers, not by what he looks like. Over here, I've seen
Matty Hirai. She's been here for eons, but she's going to move on, and I expect to see Walter
Foeman, who is the Assistant City Clerk, sitting in that seat in about a month from now, because
he has the qualities to be sitting in that seat. And I certainly hope that my fellow Commissioners
feel that way, also, because I think it's the right thing to do. We have seen a lot of things that
have gone on in the City. Some could be better, yes. But one thing that we must always have is
lines of communication open. When this issue came up, I know that Mark Coats, my assistant,
-10 April 27, 19.95
has been working diligently with all of you. Adora and I have had telephone conversations in
trying to deal with this issue, and I think what is most important is that we remain open to
understanding each other's needs and concerns. If you were not here today, I would not respect
you. I believe that you must stand up for what you believe, and many times, you must do it in a
militant fashion. You have to be forceful in what you believe in, but always seeking fairness for
all, which is what it's all about. Like the Reverend said, he doesn't want more nor less. He
wants fairness. And that is why we must continue working together. If there's a concern about
what the City Manager is doing, I want to hear those concerns, like I have been hearing them,
and I want to share in coming up with a solution to those concerns to where we can all feel
comfortable with what we're doing and where we live. So again, we're here to work together.
Like the City Manager's door is open, mine is open also, and we can meet tomorrow. I think it's
important that I understand, further, what needs you have, and how we can alleviate those
concerns. So my doors are open, as I am sure my fellow Commissioners' doors are open to deal
with this, so that we can continue to work together in the right way. Thank you, Mr. Mayor.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: To all of the citizens out there, even those on TV, there is a budget
crunch, as has... As was stated by one of the speakers, the budget crunch did not happen
overnight. Therefore, you have a right to demand that we, your elected officials, provide you
with any and all information that you want to know...
Mayor Clark: That's so true.
Commissioner Dawkins: ... about the budget, the budget crunches, and why it's short. That's
number one. Number two, I want everybody to know, as was stated, this is serious. This is no...
We're not... These people are not playing, and I'm one of them. This is real serious business.
We have allowed - and I say "we," because I am one of us - we've allowed the City of Miami to
disrespect us by saying they can go outside the City of Miami and hire people because they...
And you can find it in the minutes, and any place you want to find it. They've insulted us by
saying they cannot find qualified blacks who reside in the City of Miami to work for the City of
Miami. A large majority of the employees of the City of Miami do not reside in the City of
Miami. They do not pay taxes in the City of Miami, and my taxes support them to live where
they want to live. And this Commission has insulted you, also, because we have allowed them to
say they don't have to find qualified blacks in the City of Miami. You know, there is trouble
here in this City. The fireman who came down here, I take my hat off to him. He's going to be
harassed. He's going to be picked out to be picked on, but he'd better let me know, and this
Commission, that he's being abused and what have you. Don't kid yourself. Affirmative action,
we, as a people, made a mistake. We allowed the Federal government to coin the phrase,
"minority," and that eliminated black Americans, because then, everybody became
knowledgeable and aware. So then, instead of... Black Americans, who were supposed to be the
affected class, got pushed down the ladder. Minorities became women. And I'm not being
derogatory, I'm being truthful. How can women be a minority, when they make up 53 percent of
the total population in the United States of America? But, yet, we allowed them to do that to us.
Newt Gingrich is going to wipe us all out with his "Contract Against Americans." 1 want you to
know, and I want everybody listening to me on TV, the Republican party is very disturbed with
Carrie Meek, because she's vocal. The Republican party has said they are prepared to provide a
black Republican with anywhere from $250,000 to $500,000 to run against Carrie Meek. But
money does not vote.
Unidentified Speaker: That's right.
11 April 27, 1995
Commissioner Dawkins: We vote, and Carrie Meek lives in my district, and they could put a
million and a half dollars against her, I will still vote for Carrie Meek.
Unidentified Speaker: That's right.
(APPLAUSE)
Commissioner Dawkins: And not only me. Carrie Meek is well respected by Cubans, other
Latinos, white people and blacks. She wasn't elected by black people, and she doesn't represent
black people. She represents her district. Now, affirmative action is being fought. You got a
right wing Supreme Court, and they are going to do all that they can. But I want everybody to
know, this City of Miami, these five Commissioners, and those of us who have been here before
them, we have abided by the law of the land. The Fire Union has fought to overturn the consent
decree, and I admire them for that. That's the right way in America, go to court. But when they
came back, whatever the decision was, Shorty can tell you, we lived with it, but we continued to
fight it. Right, Shorty? I mean, it wasn't no animosity. It's just that this is the law, and you go
to court to try to change it. If you can't change it, you live with it. Eventually, it's going to be
changed, if that right wing Supreme Court stays there, but you don't have to worry about
nothing, because we abide by the law. And if anybody wants to sue anything, sue the law,
because this City of Miami abided by a consent decree that was passed down by the law. Please,
continue to stand up, be vigilant, and let us know that we're not doing what you expect us to do,
and some changes will be made.
Mayor Clark: Thank you. All right.
(APPLAUSE)
Vice Mayor Plummer: Mr. Mayor, the only comment that I have is that my door has always
been open for people that want to come in to speak, and no one has ever been turned away. I
would invite anyone that wishes to come and discuss this matter with me in a very reasonable
way. I'm there, I'm willing and I'm able. Thank you.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Clark: Well, just a minute, Mr. Gray, please, just a moment, please. We'll let you have
it.
Commissioner Gort: You know, I've been a citizen in Miami for 41 years, and the reason, as
you can see, I'm not a young guy, I wanted to get involved in politics because I love this City,
and I want to do the right thing for this City. I'm not responsible for what happened nine years
ago, or what happened in the past, and everything that my office has done is worked with each
one of the neighborhoods. I think we should have certain standards for our neighborhoods, and
we've got to bring all our neighborhoods to those standards. Some of the neighborhoods need
more help than the other ones. The neighborhood where I live, where I've been for 32 years,
Allapattah, we've got a lot of problems. We got a lot of problems in the northwest. My
commitment is... And I think everybody here knows, my door is always open to everybody.
And I'm ready to work. I've always been working.
Mayor Clark: Thank you, Willy.
Commissioner Gort: And by the way, there's something that I'd like to say. When people came
to us, and special licenses were required to do the specific jobs, and when it was voted for the
residents requirements, we're not only talking about African -Americans. We're talking about all
the citizens in the City of Miami. We're talking about Hispanics, and we're talking about Anglo,
too. Thank you.
12 April 27, 1995
019,
Mayor Clark: Thank you. Yes, sir, Mr. Gray, and then we'll wind it up.
Mr. Gray: Each of you keep saying...
Commissioner Dawkins: Go to the mike, Mr. Gray, please.
Mr. Gray: You keep saying, "Come to me, come to me." When you sit in your cozy places and
do your planning, I would like for you... When I say "I," I'm talking about the community. Why
can't, before you make drastic decisions, feel the community out? Come to me and ask me,
"What do you think about this? We're going to do... How do you think this will affect us? How
do you think this will affect the entire community?" Rather than us come running to you. We
don't know what you're doing. I could come to you and have a meeting with you. What are you
doing, what are your plans? You need to let the community know what your plans are that's
going to affect them, one way or the other, then call them in or come to them, they who elected
you, come to them and find out if you think this will work.
Mayor Clark: Thank you, Mr. Gray.
(APPLAUSE)
Mayor Clark: Ms. Range, you were called on earlier, but I know you were a little late, so if you
want to say a word...
Vice Mayor Plummer: Mr. Mayor, may I comment, please? Mr. Gray, I would appreciate, sir,
that you make yourself available so that others can. Most of the plans that will be implemented
in the coming year will be contained in the budget book. That budget book will come out around
the first of August. I have to tell you that in the years that I have served, one of the
disappointing things that happened around here is that we haven't had, I don't believe, more than
three or four people who would come and avail themselves of spending the time to make this
Commission known as to what they want to do. Mariano Cruz is the one who is here year after
year after year. But I can't remember a budget hearing - and by law, we hold two - in which
more than three or four people came here and spoke what they felt about the budget. I would
hope and invite you this year to make yourself available to a budget book which we have, our
public record, read that book as we do, and come down here and make your thoughts known,
because it's that book that will determine what we will do in the coming year.
Commissioner Dawkins: Mr. Mayor, may I... No, may I? I piggyback on what J.L. Plummer
says, but I don't understand the budget book, and I've been reading it 13 years.
Mayor Clark: OK.
Commissioner Dawkins: All right. Now...
Vice Mayor Plummer: I do.
Commissioner Dawkins: So therefore, those of you who are desirous of attempting to
understand the budget book, I will take money from my budget and hire a CPA (certified public
accountant) to sit with you to help you understand that budget.
Vice Mayor Plummer: That's fine.
Mayor Clark: All right. Ms. Range. And we will wind up with Ms. Range.
13 April 27, 1995
Ms. Athalie Range: Thank you very much, Mr. Mayor, for allowing me at this late moment to
come. My name is Athalie Range, and I reside at 5727 Northwest 17th Avenue. I would not
dare reiterate everything that has been said here this morning. I would only have you know that
I am in complete agreement with those who have spoken, who have come to plead with you
about the circumstances in which we find ourselves. We realize that we are not experts, and as
Commissioner Miller [Dawkins] has just said, if we read the budget over and over and over, the
great majority of us would not understand the budget. I said to some of the persons who came to
me seeking some advice, just because of the greatness of my years, not because of anything else.
But I said to them, I think the City of Miami needs to hire an ombudsman for this community,
who probably is not as informed as it should be, to keep us informed of what goes on here, and
not have us come at a time in a crunch like this, in fear of losing whatever grounds we have
accomplished thus far, so that we can remain as a total community. Circumstances of this kind
only tend to tear our community apart. And certainly, we know, black, white, Spanish, and
otherwise, we simply cannot afford this, and somehow, we must bring this community together
so that we can live in peace and harmony. And that is all I have to say, and thank you for letting
me come.
Mayor Clark: Thank you very much, Ms. Range.
(APPLAUSE)
Mayor Clark: Thank you, ladies and gentlemen. We have... Mr. Cox.
Mr. Charlie Cox: Yes. My name is Charlie Cox, and I represent 1,100 general employees. I
would appreciate it if all of these fine people, ten years ago, eleven years ago, would have came
down here, when we were laying off $20,000 a year employees. And if they're saying that it
starts at the back end, as a union president, I represent 93 percent minorities. And what were
going out the door now, is all the senior employees. I have begged City of Miami employees,
and I will tell all of you to your faces, I wish every one of us lived in the City of Miami, because
we could control these elections. OK? But those opportunities have been opened, we have
asked to apply, there is a job hotline 24 hours a day, and when we're here to protect a few people
that make seventy, and eighty, and ninety thousand dollars a year, when I represent the average
salary, that's $38,000, and nobody comes down here crying, when my people go out the door,
and now, all of a sudden, we're here to represent a few, I will tell you, there is a budget crunch.
I will also tell you, if we don't reach the numbers we're supposed to in the retirement, there may
be some more big shots gone. And I will tell you, I will be the first one on the Manager's door
telling them to dump them. I am sorry, but I have went from over 2,000 employees, after this
retirement, I will go down to 800 employees, and you know what? I'm tired, as a union leader,
getting killed, out there asking my employees to do more with less, and we passed the buck to
the Manager and told him to make his employees do more with less, and now, it's time that I've
got to face the heat. I've been facing it for months, and nobody was down here helping me. But
because a few people that make a lot of dollars are crying now and wanted special deals three
months before that and couldn't get them, now everybody's down here in an uproar? Well, I'm
sorry. There's something wrong with our systems, and our taxpayers need to know that. The
employees for this City of Miami have been busting their butts for years, the eight years that I've
been the union president, because every year at contract time, I keep coming here, and I keep
getting told, "You got to do more with less, Charlie. You got to do more with less, or you're
going to be out on the streets, just like Eastern Airlines." I keep telling the employees that I
represent, "Guys, please, go back and do more with less." But yet, you know what? This is the
first time that 06s and 21s executives have been got hit, executives and unclassifieds, and I hope
to hell he hits more. I'm sorry, but we can't sit here and protect people without protecting
everybody, and that's what you're asking. Well, I'm asking you to protect everybody, and that's
the guys that make $38,000 or $20,000 a year, too, OK? But we're willing to do it as employees.
That contract was ratified. We're helping some people go out the door. The executives could
14 April 27, 1995
belong to our pension plan, or they could have belonged to the executive pension plan. They
chose what they wanted. They're getting the same benefits as the employees that I represent
going out the door, the same benefits that Shorty represents, and the same benefits that A]
represents, if they go out the door, and that's a more decent way than doing it by layoff. Just
look around you. Eastern Airlines closed, you got Coral Gables Federal that's going out the
door, you got IBM, you got everywhere. And where are they doing it? They're doing it to the
little guy. And we're down here screaming for a couple big guys. Well, I'm sorry. Maybe some
more big guys ought to go, and maybe some more... more higher salaried and executives.
Maybe they ought to combine some more departments to cut some budgets.
Mayor Clark: All right.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: I will have to say that we have, in my opinion, the best, if not one of
the best fire departments in this United States. That still does not argument [sic] the fact that we
have problems. We have the best, if not one of the best fire - police departments in the United
States of America. We still have problems. You know, it's amazing for Charlie to get up now
and be the savior of all people. He's right. When I came here in 1981, Howard Gary let 280
people from his department leave, and keep policemen. Nobody was down here. The next year,
they let the garbage men go. The Garbage Department has been taking the brunt of this for
years, and nobody came down here. So don't... I don't want Charlie to get up here and say that
he wants... I'm like him. The more people that leave, the less my taxes will be for those who
don't live in the City. I do live in the City. I pay taxes in the City. So when he's talking about
"the taxpayer," he's talking about me. He's not talking about him. He doesn't live in the City.
Mr. Cox: Correct. I live in Broward County. Correct.
Commissioner Dawkins: OK? So therefore, don't get carried away with his "holier than thou"
statement that he's going to save everybody and he's concerned. If he was that concerned, he'd
move in the City of Miami and pay taxes to help people keep a job.
(APPLAUSE)
Mayor Clark: All right. A few moments, and then we're going to come to an end.
Ms. Annie Mae Hobes: I just have a few things that I want to say.
Mayor Clark: Give us your name, please.
Ms. Hobes: My name is... To the Mayor and to the Commissioners, my name is Annie Mae
Hobes. I live at 6225...
Commissioner Dawkins: Pull the mike close to you, please, ma'am
Ms. Hobes: To the Mayor and to the Commissioners, my name is Annie Mae Hobes. I live
6225 Northwest 4th Avenue. I have something that I would like to say, because it affects my
people. Under the statute provisions, we pay the same tax, but we don't get the same rights.
And I'm looking to the Commissioners to do whatever they can to rectify this statute that our
people will be represented with the tax dollars as it was was supposed to provide jobs, houses,
clothes, necessities to make a start, and I'm looking for that onus to apply to blacks, as well as
other people; and I don't feel like we should be left out on1hat,.since we paid the same share of
tax. I -think we should. be recognized. Thank you.
.15 _ April 27, 1995
Mayor Clark: Thank you, ma'am. Thank you, ladies and gentlemen.
(APPLAUSE)
Mayor Clark: The Manager has stated, again, don't let anyone say on the radio that they can't
meet with the Manager. You're welcome at all times. All of our doors are open. In fact, I don't
even have any doors to my office. You know where I'm at. We want to thank you for coming
down and giving us your information, to vent the frustrations, I'm sure, that you have. We feel
as if we all are more educated to this situation at this time than we were before, but don't forget
the promise by Commissioner Dawkins about the budget, Mr. Gray. Yes, sir.
Mr. J.A. Alex: Yes, sir. I have a few comments I just wanted to make regarding...
Mayor Clark: Now, this is the last gentleman that will speak. Your name?
Mr. Alex: My name is J.A. Alex. I am a concerned citizen. And the reason why I'm concerned
right now is, is because it seems like Liberty City, in the City of Miami, as well as other areas
where the black community predominantly resides is getting the brunt of all the economic
setbacks that the City of Miami has constantly sustained. We have several concerns centered
around the affirmative action initiative that the City of Miami has recently put forth, which
seems like the black workers and black interests are going to be compromised. In addition to
that, I'm concerned about the fact that even the monies that were sent in by the Model City
Program, the CDB... block grants are going the other way. And that program was originally
created for the black communities, and the poor communities about several, ten or 15 years ago.
And now, we see other communities getting that money. And we are, in our community, the
proportionate amount of the money, based upon the poverty level of the people in Liberty City
and Overtown, and areas like that, the money is not reaching us, and the City is using that money
for other programs, like painting the art deco districts, and other programs that have nothing to
do with really alleviating the poverty in the community that the Model City program was
originally set up for. All the affirmative action... All I'm saying here right now is, all of the
affirmative action programs that were put in place many years ago are now being compromised,
and the poor and the children are going to be the one to suffer. And I'm just very much afraid
that this thing is going to explode in our face, because I think the lines have been stretched to a
point that they cannot be stretched anymore. And if the children don't have programs this
summer, like they don't have in our community, we are going to be suffering a serious, and a
precarious, and a tenuous balance between trying to make this community secure and safe for
our children and for the people who live in Liberty City.
Mayor Clark: All right.
Mr. Alex: And I would like to just ask the County... the City Commission here, whether or not,
while they're cutting back... And I know for a fact, because I sat on the CDBG (Community
Development Block Grant) meetings that there was all kinds of programs for the little people
that were not even addressed. And I would like to ask, is the City of Miami doing anything to
cut the salaries of these... of all of these high-priced elected officials and department heads and...
Vice Mayor Plummer: Elected?
Mr. Alex: ... and all of these other people, are they cutting the salaries? Did you all cut your
salary any?
Mayor Clark: We don't have any salary.
16 April 27, 1995
Mr. Alex: I'm just saying... I'm just asking.
Commissioner Dawkins: OK.
Vice Mayor Plummer: All $5,000 of it.
Commissioner Dawkins: You know, all of us get $5,000 a year for being your Commissioner.
Now, how much do you want me to cut off of that?
Mr. Alex: Well, you can actually, probably, with your money, cut it all out.
Commissioner Dawkins: Ha -ha-ha!
(APPLAUSE)
Mayor Clark: All right. Thank you, sir.
Commissioner Dawkins: No, no don't say it like that.
Mr. Alex: But all I'm saying, we have to find...
Commissioner Dawkins: Say it like that, with my... No, wait now.
Mr. Alex: Just like when you all run for office, you all raise two and three hundred thousand
dollars, and five hundred thousand dollars, you can... I'm saying that we've got to find the
money for these kids and for these poverty level programs that have to go on in the community,
in order to keep a secure... The police can't do their job if we don't do the job up here...
Mayor Clark: All right.
Mr. Alex: ... of giving something that would franchise and help this community to deal with the
many problems. These kids are roaming the streets by the thousands, with nothing to do, no
summer job programs, and I feel that this City should address some of these concerns in a more
positive manner. They should have a town meeting in Liberty City and Overtown, and I would
like to invite all of you all to come in at a town meeting and hear the concerns of the citizens and
the grass root organization leaders who are trying to deal with these problems with nothing.
Mayor Clark: All right. Thank you, sir.
Mr. Alex: And I'd appreciate it if, you know, if this is given some concern before another big
situation breaks out, which happens much too often, and is the only way we can get people to
respond.
Mayor Clark: All right. We thank you for your comments.
(APPLAUSE)
Mayor Clark: Thank you, ladies and gentlemen. This Commission is in recess for ten minutes.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 10:08 A.M. AND RECONVENED AT 10:23 A.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT, EXCEPT COMMISSIONER DE YURRE.
17 April 27, 1995
----------------------------------------------------------------------------------------------------------------
2. GRANT REQUEST BY SALAD (SPANISH AMERICAN LEAGUE AGAINST
DISCRIMINATION) FOR CONTINUED USE OF OFFICE SPACE AT
MANUEL ARTIME COMMUNITY CENTER, AT $1.00 PER YEAR.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Let's have your attention. We're going to our regular agenda now. Before we get
to the consent agenda, we're going to item 27. Mr. Soto.
Unidentified Speaker: Mayor, it's not consent agenda. It's normal item 27.
Commissioner Plummer: That's what we're on.
Mr. Cesar Odio (City Manager): Twenty-seven.
Mayor Clark: Item 27 of the regular agenda.
Vice Mayor Plummer: That's what he just called.
Mayor Clark: All right.
Mr. Osvaldo Soto: Mr. Mayor, Mr. Commissioners, my name is Osvaldo Soto. I have offices at
1535... 2151 LeJeune Road, Suite 310, Capital Bank Building. I'm the chairman of the Spanish-
American League Against Discrimination, better known as SALAD. Here with me is Mr.
Eugenio Sanson, who is the treasurer of SALAD. Here is the vice chairman of SALAD, Luisa
Garcia Toledo, and Oscar Balsman, who is here, who is a vice chairman also of SALAD. Mr.
Mayor and Mr. Commissioners, we request that what has been taking place for many years, that
SALAD is afforded the possibility of paying $1 a year salary to the City of Miami for some
small offices which we have at the Manuel Artime will continue. SALAD does not have money.
We do not get any money from any city, any county. The City knows that we have never come
here to ask for any contribution. That's not the way we act. And on top of that, I would like to
say that SALAD has worked with all of you in the past. The City Manager knows that. He
appointed the chairman of SALAD around seven years ago to investigate and mediate the
problems of the City of Miami Police Department, and we worked together, and this is
important, because Adora knows this...
Commissioner Dawkins: Mr. Mayor, can I bring this to closure?
Mayor Clark: Yes, sir.
Commissioner Dawkins: I would vote with you, but when the man said I had a lot of money,
you laughed, so I can't vote with you. But, Mr. Mayor, they have worked hard.
Mayor Clark: Are you broke?
Commissioner Dawkins: They have worked hard in this community. They have worked along
with the NAACP (National Association for the Advancement of Colored People). They have
done... They have struggled for equality for everybody, so I think that we would be doing an
injustice if we didn't grant their request, and I so move.
Mayor Clark: Is there a second?
18 April 27, 1995
Vice Mayor Plummer: Second.
Mayor Clark: Any exceptions? Hearing none, cast a unanimous ballot, Madam Clerk. Thank
you.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-254
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE
REVOCABLE PERMIT DATED NOVEMBER 15, 1990, WITH THE SPANISH
AMERICAN LEAGUE AGAINST DISCRIMINATION (SALAD), FOR ITS USE OF
SPACE AT THE MANUEL ARTIME COMMUNITY CENTER, LOCATED AT 900
SOUTHWEST 1 STREET ROOM 201, MIAMI, FLORIDA, THEREBY AMENDING
THE ANNUAL USE FEE OF $1,008 TO $1.00 TO BE EFFECTIVE AND
RETROACTIVE TO JULY 1, 1993.
(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
Mr. Soto: I want to thank all of you, and I want to say that we understand, and Adora knows it.
At that time, Commissioner Dawkins, you will remember there was a question as to who should
be the Chief of Police, and SALAD said we supported a black Chief of Police, because we
believe in equality. And the City Manager supported me at that point, and I had one
commissioner who was very difficult to understand that, couldn't understand why I was
supporting a black.
Commissioner Dawkins: He was sitting here.
Mr. Soto: No.
Commissioner Dawkins: He was sitting here.
Mr. Soto: Oh, OK. But the fact is that we kept the Chief of Police black. And she knows that
we went to the Fire Department, and there were two Hispanic fire fighters who asked me, "Why
are you getting involved?" Because Hispanic fire fighters do not have the problems that the
black fire fighters had. We told them at that point, and you will remember, discrimination is
discrimination. We don't care if it's Hispanic or black, and we had the support of the City
Manager at that time, which I appreciated, City Manager. Thanks very much for what you have
done today. Thank you.
19 April 27, 1995
Mayor Clark: All right. Thank you, sir. Thank you, Mr. Soto.
Mr. Odio: Mr. Mayor.
Commissioner Dawkins: Madam City...
Mr. Odio: We need to clarify, Commissioner, the space at the Artime Center. Osvaldo, you
need to listen. We are trying to... Artime has a huge deficit, and we are trying to eliminate all
the facilities that have deficits. We are now in talks with a community development
organization to take over the building, so all the arrangements we're making is until we or the
Commission decides to turn over this building, so we eliminate $700,000 a year of deficits.
Mr. Soto. OK, I understand that.
Mr. Odio: OK.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Madam City Attorney, would you let the records reflect that when I
said about the residency, I said I voted against the residency, I must correct the record to say that
J.L. Plummer, too, voted... J.L. Plummer and Miller Dawkins voted to require that citizens
reside in the City of Miami. That was a three/two vote.
Mayor Clark: OK. Thank you.
Commissioner Dawkins: Let the records reflect that. Thank you.
Mayor Clark: Let's get the minutes approved, item B.
Commissioner Dawkins: So moved.
Vice Mayor Plummer: Second.
Mayor Clark: Cast a unanimous ballot.
NOTE FOR THE RECORD: The minutes of the Special
Commission Meeting of January 30, 1995; the Special
Commission Meeting of February 2, 1995; the regular Commission
Meeting of February 9, 1995, and the Planning and Zoning
Commission Meeting of February 23, 1995 were approved by the
City Commission.
20 April 27, 1995
----------------------------------------------------------------------------------------------------------------
3. CONSENT AGENDA.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: On the consent agenda, we have, so far, to withdraw CA-7, CA-9, CA-11.
Vice Mayor Plummer: I would like to pull 17.
Commissioner Dawkins: Seventeen?
Mayor Clark: Seventeen.
Vice Mayor Plummer: I just want to read it. I haven't had the time to read it. It's a lawsuit
settlement.
Commissioner Dawkins: OK.
Vice Mayor Plummer: It's a lawsuit settlement.
Mayor Clark: What else do we have for withdrawing of those items?
Mr. Cesar Odio (City Manager): Excuse me. I see, Mr. Mayor, that 1 through 4 was supposed
to be before the consent.
Vice Mayor Plummer: That is correct. But you can still take the consent.
Mayor Clark: One through what?
Mr. Odio: You can... Well, that's fine. Once... get the consent, it's OK.
Commissioner Dawkins: Go ahead, we'll do the consent and then we'll go to one.
Mayor Clark: Yeah.
Mr. Odio: CA-17.
Mayor Clark: CA-17. Seven, 9, 11, and 17. Motion to withdraw those. Second. Cast a
unanimous ballot, Madam Clerk. Now we go to item number...
Commissioner Dawkins: No, we move the consent agenda.
Vice Mayor Plummer: Second.
Mayor Clark: All right move the consent agenda. Anyone want to speak on the consent agenda?
Seeing none present, moved by Mr. Dawkins.
Vice Mayor Plummer: Second.
Mayor Clark: Seconded by Mr. Plummer. With no exceptions, Madam Clerk, cast a unanimous
ballot.
21 April 27, 1995
I
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT `TERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER DAWKINS AND SECONDED BY
VICE MAYOR PLUMMER, THE CONSENT AGENDA
ITEMS WERE PASSED 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
3.1. AUTHORIZE FUNDING OF "PUSH OUT THE PUSHER" (P.O.P.) PROGRAM --
ALLOCATE $12,720 FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 95-255
A RESOLUTION AUTHORIZING THE FUNDING OF THE "PUSH
OUT THE PUSHER" (P.O.P.) PROGRAM AND ALLOCATING
FUNDS THEREFOR, IN THE AMOUNT OF $12,720, FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, INDEX
CODE 029002-247, SUCH EXPENDITURES HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
22 April 27, 1995
3.2. ACCEPT BIDS: (1) CAPT. DAN MARINE TOWING & SALVAGE, AND (2) DOCK
& MARINE CONSTRUCTION, INC. (UNDER EXISTING DADE COUNTY BID NO.
2550-2/96-1) -- FOR REMOVAL AND DISPOSAL OF DERELICT VESSELS --
ALLOCATE $28,057 FROM SPECIAL REVENUE FUND: DERELICT VESSEL
REMOVAL GRANT PROGRAM.
RESOLUTION NO. 95-256
A RESOLUTION ACCEPTING THE BIDS OF CAPT. DAN MARINE
TOWING & SALVAGE AND DOCK & MARINE CONSTRUCTION,
INC., UNDER EXISTING DADE COUNTY BID NO. 2550-2/96-1, FOR
REMOVAL AND DISPOSAL OF DERELICT VESSELS, AT A
PROPOSED AMOUNT NOT TO EXCEED $28,057.00; ALLOCATING
FUNDS THEREFOR FROM THE SPECIAL REVENUE FUND
ENTITLED "DERELICT VESSEL REMOVAL GRANT PROGRAM";
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.3. ACCEPT BID: ANR MEDICAL SUPPLY, INC. -- FOR FURNISHING MEDICAL
EXAMINATION GLOVES AT PROPOSED ANNUAL COST OF $15,200 -- FOR
FIRE -RESCUE DEPARTMENT -- EXTEND CONTRACT SUBJECT TO
AVAILABILITY OF FUNDS.
RESOLUTION NO. 95-257
A RESOLUTION ACCEPTING THE BID OF ANR MEDICAL
SUPPLY, INC. FOR THE FURNISHING OF MEDICAL
EXAMINATION GLOVES ON A CONTRACT BASIS FOR A ONE (1)
YEAR PERIOD WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE �)YEAR PERIOD, AT A TOTAL PROPOSED
ANNUAL COST OF15,200.00 FOR THE DEPARTMENT OF FIRE -
RESCUE; ALLOCATING FUNDS THEREFOR FROM SAID
DEPARTMENT'S ACCOUNT CODE NO. 280501-714;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THESE ITEMS, AND THEREAFTER TO EXTEND THIS CONTRACT
FOR ONE (1) YEAR, AT THE SAME PRICE, TERMS, AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
23 April 27, 1995
3.4. ACCEPT BID: EMERGENCY MEDICAL INTERNATIONAL -- FOR FURNISHING
HEAD IMMOBILIZERS -- FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE
$9,312.50.
RESOLUTION NO. 95-258
A RESOLUTION ACCEPTING THE BID OF EMERGENCY
MEDICAL INTERNATIONAL FOR THE FURNISHING OF HEAD
IMMOBILIZERS FOR THE DEPARTMENT OF FIRE -RESCUE AT A
TOTAL PROPOSED COST OF $9,312.50; ALLOCATING FUNDS
THEREFOR FROM THE FIRE -RESCUE DEPARTMENT'S ACCOUNT
CODE NO 105000-280502-714; 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.)
3.5. ACCEPT BID: ROBBIE'S FEED SUPPLY -- FOR FURNISHING HORSE FEED AND
SUPPLEMENTS -- FOR POLICE DEPARTMENT'S MOUNTED PATROL UNIT --
ALLOCATE $19,688 -- EXTEND CONTRACT, SUBJECT TO AVAILABILITY OF
FUNDS.
RESOLUTION NO. 95-259
A RESOLUTION ACCEPTING THE BID OF ROBBIE'S FEED
SUPPLY FOR THE FURNISHING OF HORSE FEED AND
SUPPLEMENTS, AT A TOTAL PROPOSED ANNUAL COST OF
$19,688.00 FOR THE POLICE DEPARTMENT'S MOUNTED PATROL
UNIT FOR A ONE (1) YEAR PERIOD WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD;
ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT'S GENERAL OPERATING, INDEX CODE NO.
290201-710; 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 ONE (1) ADDITIONAL YEAR AT THE
SAME PRICE, TERMS, AND CONDITIONS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
24 April 27, 1995
3.6. ACCEPT BID: VENECON, INC. (TOTAL BID) -- FOR PROJECT: AFRICAN
SQUARE PARK RESTROOM BUILDING RENOVATION, B-6234 -- ALLOCATE
$25,200, PLUS $4,183 ESTIMATED EXPENSES, TOTALING $29,383 (CIP 331053) --
EXECUTE CONTRACT.
RESOLUTION NO. 95-260
A RESOLUTION ACCEPTING THE BID OF VENECON, INC. IN THE
PROPOSED AMOUNT OF $25,200.00, TOTAL BID OF THE
PROPOSAL, FOR THE PROJECT ENTITLED "AFRICAN SQUARE
PARK RESTROOM BUILDING RENOVATION, B-6234";
ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR 1994-95
CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED,
PROJECT NO. 331053 IN THE AMOUNT OF $4,183.00 TO COVER
THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL
PROJECT COST OF $29,383.00; AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM FOR
THIS PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.7. ACCEPT BID: SOLO PRINTING, INC. -- FOR PRINTING POLICE
DEPARTMENT'S ANNUAL REPORTS -- FOR DEPARTMENT OF GSA / SOLID
WASTE -- ALLOCATE $10,200.
RESOLUTION NO. 95-261
A RESOLUTION ACCEPTING THE BID OF SOLO PRINTING INC.,
FOR THE PRINTING OF THE POLICE DEPARTMENT'S ANNUAL
REPORT, AT A TOTAL PROPOSED COST OF $10,200.00 FOR THE
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/SOLID WASTE; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 290201-680;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
25 April 27, 1995
3.8. RATIFY / APPROVE ENGAGEMENT OF LAW FIRM OF EPSTEIN BECKER &
GREEN, P.C. -- TO SERVE AS COUNSEL BEFORE U.S. BANKRUPTCY COURT,
CENTRAL DISTRICT OF CALIFORNIA -- FOR PROCEEDINGS CONCERNING
BANKRUPTCY PETITION FILED BY SPECIALTY RESTAURANTS CORP.
(OWNER OF THE RUSTY PELICAN RESTAURANT, ON VIRGINIA KEY), UNDER
CHAPTER 11(REORGANIZATION) -- AT A FEE NOT TO EXCEED $15,000.
RESOLUTION NO. 95-262
A RESOLUTION RATIFYING AND APPROVING THE
ENGAGEMENT OF THE LAW FIRM OF EPSTEIN BECKER &
GREEN, P.C., TO SERVE AS COUNSEL BEFORE THE UNITED
STATES BANKRUPTCY COURT, CENTRAL DISTRICT OF
CALIFORNIA, FOR BANKRUPTCY PROCEEDINGS IN
CONNECTION WITH THE BANKRUPTCY PETITION FILED BY
SPECIALTY RESTAURANTS CORP. (OWNER OF THE RUSTY
PELICAN RESTAURANT LOCATED ON VIRGINIA KEY), UNDER
CHAPTER 11 (REORGANIZATION), AT A FEE NOT TO EXCEED
$15,000 FOR SAID SERVICES; ALLOCATING FUNDS THEREFOR
FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE NO. 676001-661.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.9. WAIVE POLICE AND FIRE -RESCUE FEES (NOT TO EXCEED $28,000)
CONCERNING EIGHTH ANNUAL AMERICA'S BIRTHDAY BASH TO BE
CONDUCTED BY BAYFRONT PARK MANAGEMENT TRUST AT
BICENTENNIAL AND MILDRED AND CLAUDE PEPPER BAYFRONT PARKS
(JULY 4, 1995).
RESOLUTION NO. 95-263
A RESOLUTION RELATED TO THE EIGHTH ANNUAL
AMERICA'S BIRTHDAY BASH TO BE CONDUCTED BY THE
BAYFRONT PARK MANAGEMENT TRUST ON JULY 4, 1995 AT
BICENTENNIAL AND MILDRED AND CLAUDE PEPPER
BAYFRONT PARKS; WAIVING CITY OF MIAMI POLICE AND FIRE
RESCUE FEES IN AN AMOUNT NOT TO EXCEED $28,000; SAID
WAIVER CONDITIONED UPON SUCH CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE AND THE BAYFRONT PARK
MANAGEMENT TRUST.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
26 April 27, 1995
3.10. ACCEPT GRANT ($3,600) FROM METROPOLITAN DADE COUNTY, UNDER ITS
TOURIST DEVELOPMENT ROOM TAX PLAN -- TO BE USED BY DEPARTMENT
OF PARKS & RECREATION TO HOST 13TH ANNUAL YOUTH BASEBALL
WORLD SERIES (JULY 27 - AUGUST 2, 1995) -- EXECUTE NECESSARY
DOCUMENTS.
RESOLUTION NO. 95-264
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING A GRANT,
IN THE AMOUNT OF $3,600 FROM METROPOLITAN DADE
COUNTY UNDER ITS TOURIST DEVELOPMENT ROOM TAX
PLAN TO BE USED BY THE DEPARTMENT OF PARKS AND
RECREATION TO HOST THE THIRTEENTH ANNUAL YOUTH
BASEBALL WORLD SERIES, JULY 27TH THROUGH AUGUST
2ND, 1995; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENT(S), IN SUBSTANTIALLY THE
ATTACHED FORM, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.11. ACCEPT DONATION OF A XEROX MODEL 5009 COPIER FROM LAW OFFICES
OF BEST AND PALOMINO, P.A. -- FOR POLICE DEPARTMENT.
RESOLUTION NO. 95-265
A RESOLUTION ACCEPTING THE DONATION OF A XEROX
MODEL 5009 COPIER FROM THE LAW OFFICES OF BEST AND
PALOMINO, P.A. FOR USE BY THE MIAMI POLICE
DEPARTMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.12. ACCEPT DONATION FROM NIKE, INC. OF 1,123 T-SHIRTS AND SPORTS
EQUIPMENT (VALUED AT $1,924) -- FOR DEPARTMENT OF PARKS &
RECREATION.
RESOLUTION NO. 95-266
A RESOLUTION ACCEPTING THE DONATION FROM NIKE, INC.
OF 1,123 T-SHIRTS AND SPORTS EQUIPMENT, VALUED AT
$1,924.00, FOR USE BY THE DEPARTMENT OF PARKS AND
RECREATION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
27 April 27, 1995
3.13. AUTHORIZE ENGAGEMENT OF LAW FIRM OF MICHAEL BRODSKY TO
SERVE AS COUNSEL FOR CASE OF EUGENE KOWALSKI VS. CITY OF MIAMI
AND KENNETH SAUVEY [DADE COUNTY CIRCUIT COURT CASE NO. 95-04857
CA (05)] -- ALLOCATE FUNDS, NOT TO EXCEED $20,000, PLUS COSTS NOT TO
EXCEED $5,000.
RESOLUTION NO. 95-267
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF THE
LAW FIRM OF MICHAEL BRODSKY TO SERVE AS COUNSEL FOR
THE CASE OF EUGENE KOWALSKI V. CITY OF MIAMI AND
KENNETH SAUVEY, DADE COUNTY CIRCUIT COURT CASE NO.
95-04857 CA (05); ALLOCATING FUNDS THEREFOR FROM THE
CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND FOR SAID SERVICES, IN AN AMOUNT NOT TO EXCEED
$20,000, PLUS COSTS IN AN AMOUNT NOT TO EXCEED $5,000,
INDEX CODE NO. 676001-652.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
----------------------------------------------------------------------------------------------------------------
4. (A) FIRST READING ORDINANCE: AMEND CODE, BY ADDING NEW
CHAPTER: SOUTHEAST OVERTOWN / PARK WEST
REDEVELOPMENT DISTRICT AND COMMUNITY
REDEVELOPMENT AGENCY SEOPW/CRA -- INCLUDE SECTIONS:
(a) DEFINITIONS; (b) BOUNDARIES DESIGNATED; (c) DISPOSAL
OF PROPERTY IN COMMUNITY REDEVELOPMENT DISTRICT; (d)
PROPERTY EXEMPT FROM TAXES AND FROM LEVY AND SALE
BY VIRTUE OF AN EXECUTION; (e) SOUTHEAST OVERTOWN /
PARK WEST COMMUNITY REDEVELOPMENT AGENCY
CREATED; (f) GOVERNING BODY AS THE BOARD OF
DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY;
(g) MEETINGS, RULES AND REGULATIONS; (h) POWERS AND
DUTIES; (i) EMPLOYEES GENERALLY; 0) ANNUAL BUDGET; (k)
SOURCE OF FUNDS; (1) AGENCY SOLELY LIABLE FOR
OBLIGATION; AND (m) ANNUAL REPORT AND AUDIT. [Note:
This was later modified to an emergency ordinance -- see label 24.]
(B) HERB BAILY NAMED EXECUTIVE DIRECTOR OF SEOPW/CRA.
Mayor Clark: Now we move to...
Vice Mayor Plummer: Item 1.
Mayor Clark: ... item 1. Item 1, this is the Overtown/Park West Redevelopment District
Community Redevelopment Agency. We are not expecting opposition from the... at the
Commission. Mr. Dawkins, on this item?
Commissioner Dawkins: Mr. Mayor, I passed all of us a...
28 April 27, 1995
Mayor Clark: Yes, you did.
Commissioner Dawkins: ... outline, and if anyone has any questions, I'd like, with your
permission, to have the City Attorney respond to it. If we have none, I would move item 1.
Vice Mayor Plummer: Second.
Mayor Clark: Any exceptions? Hearing none, cast a unanimous ballot.
Vice Mayor Plummer: It's an ordinance, Mr. Mayor.
Mayor Clark: Ordinance. Read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.)
Vice Mayor Plummer: When, Mr. Mayor, if I may ask, when will this board be appointed?
Ms. Linda Kearson (Assistant City Attorney): Well, Mr. Plummer, you are the board already.
The City Commission was...
Vice Mayor Plummer: I... Go ahead.
Ms. Kearson: That is, the CRA (Community Redevelopment Agency) several years ago. What
we have not done is to actually implement your powers as the CRA.
Mayor Clark: That's exactly right.
Ms. Kearson: What this ordinance does, in effect, is to effectuate that which you have been
authorized to do for several years.
Vice Mayor Plummer: Are you indicating to me that there will be no one... involvement of the
community in which this... it will be taking place?
Mr. Herb Bailey (Assistant City Manager):
Commissioner?
Ms. Kearson: No one involvement...
No one involvement in what respect,
Vice Mayor Plummer: Well, I mean, as a member of a board, that there's no one from the
Overtown... We have an Overtown Advisory Board.
Ms. Kearson: That's correct.
Vice Mayor Plummer: OK. That's separate and aside.
Mr. Bailey: Yes.
Vice Mayor Plummer: What about direct involvement in this process, by these people, who will
be affected by...
Commissioner Dawkins: They will have to come to the board, come to the CRA Board.
Vice Mayor Plummer: Well, but the CRA Board is us...
29 April 27, 1995
Commissioner Dawkins: That's right.
Vice Mayor Plummer: ... according to what we're hearing.
Ms. Kearson: That's correct.
Commissioner Dawkins: Yeah, but we would be sitting as the CRA Board, and not the
Commission.
Vice Mayor Plummer: And I understand that, but I guess I also remember what happened to us
in Wynwood when we did that.
Commissioner Dawkins: No, what...
Ms. Kearson: I don't... I don't...
Mr. Bailey: It's a different situation, Commissioner.
Vice Mayor Plummer: OK.
Commissioner Dawkins: That's why we have all of this...
Vice Mayor Plummer: OK, all right, all right. I'll get my answers before the next meeting.
Commissioner Dawkins: OK.
Mr. Cesar Odio (City Manager): I'm pleased to say that if you do approve this today that Herb
Bailey will be the executive director. He has all the... He's been trying for years to get this plan
off and running, and that we are...
Mayor Clark: And Commissioner Dawkins will be the...
Mr. Odio: And Commissioner Dawkins will be serving.
Mayor Clark: That will be his portfolio right there.
Mr. Odio: And in talking to Commissioner Dawkins and Herb, we feel - I hope we do - that to
find office space in the district, and have a physical presence in the district...
Mayor Clark: At all times.
Mr. Odio: ... at all times.
Mayor Clark: All right. Now, we've read the ordinance. Now, call the roll, Madam Clerk.
30 April 27, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY ADDING A NEW CHAPTER ENTITLED:
"SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND
COMMUNITY REDEVELOPMENT AGENCY" INCLUDING THEREIN SECTIONS
ENTITLED: "DEFINITIONS," "BOUNDARIES DESIGNATED," "DISPOSAL OF
PROPERTY IN COMMUNITY REDEVELOPMENT DISTRICT," "PROPERTY
EXEMPT FROM TAXES AND FROM LEVY AND SALE BY VIRTURE OF AN
EXECUTION," "SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY CREATED," "GOVERNING BODY AS THE BOARD
OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY,"
"MEETINGS, RULES AND REGULATIONS," "POWERS AND DUTIES,"
"EMPLOYEES GENERALLY," "ANNUAL BUDGET;" "SOURCE OF FUNDS,"
"AGENCY SOLELY LIABLE FOR OBLIGATION," AND "ANNUAL REPORT AND
AUDIT;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
INCLUSION IN THE CODE.
was introduced by Commissioner Dawkins, seconded by Vice Mayor Plummer, and was
passed on first reading, by title only, 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
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: Commission De Yurre entered the
Commission Chamber at 10:30 a.m.
31 April 27, 1995
----------------------------------------------------------------------------------------------------------------
5. DIRECT CITY MANAGER AND CITY ATTORNEY TO TAKE STEPS
NECESSARY TO EFFECTUATE TRANSFER OF ALL ASSETS OF THE
CITY OF MIAMI LOCATED IN THE SOUTHEAST OVERTOWN / PARK
WEST COMMUNITY REDEVELOPMENT DISTRICT TO THE
SOUTHEAST OVERTOWN ! PARK WEST COMMUNITY
REDEVELOPMENT AGENCY (CRA) -- EXECUTE AGREEMENT WITH
THE CRA PROVIDING STAFF AND FINANCIAL SUPPORT, SUBJECT TO
CERTAIN TERMS AND CONDITIONS.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: I move 2.
Vice Mayor Plummer: I second. Do we yet have an inventory of what is the total assets being
transferred?
Mr. Herb Bailey (Assistant City Manager): Yes. It's attached to the item, Commissioner.
Vice Mayor Plummer: OK. I'll read it before the second.
Mr. Bailey: All right. Now, this is a resolution which will be passed today.
Vice Mayor Plummer: OK.
Mayor Clark: Let's read the resolution into the record, Madam Attorney.
Vice Mayor Plummer: (INAUDIBLE COMMENT).
Mayor Clark: We don't need to, but let's, for the edification of everyone here.
Commissioner Dawkins: Number 2.
Ms. Linda Kearson (Assistant City Attorney): This resolution directs the City Manager and the
City Attorney to take whatever steps are necessary to effectuate the transfer of the assets that are
presently in the City of Miami's name to the Community Redevelopment Agency. Secondly, the
resolution authorizes the City Manager to execute a contract with the CRA (Community
Redevelopment Agency) whereby City staff will be the employees of the CRA, but will, in fact,
report directly to the City Commission.
Mr. Bailey: CRA Board.
Commissioner Dawkins: CRA Board.
Ms. Kearson: The CRA Board, that's correct. But you have to bear in mind, sirs, that the CRA
Board is separate and distinct from the City Commission.
Mayor Clark: Yes, ma'am, we understand that.
Commissioner Dawkins: Yeah, mm-hmm.
Mayor Clark: All right. Motion on the item?
32 April 27, 1995
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Clark: Any discussion? Hearing none, call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-268
A RESOLUTION, WITH ATTACHMENTS, DIRECTING THE CITY MANAGER
AND CITY ATTORNEY TO TAKE WHATEVER STEPS ARE NECESSARY TO
EFFECTUATE THE TRANSFER OF ALL ASSETS OF THE CITY OF MIAMI,
FLORIDA (AS IDENTIFIED ON ATTACHMENT A) LOCATED IN THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
DISTRICT TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY ("CRA"); FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE CRA, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING STAFF AND FINANCIAL
SUPPORT FOR THE CRA, SUBJECT TO CERTAIN TERMS AND CONDITIONS.
(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.
Commissioner Dawkins: Mr. Mayor, I would like to say that, to all of us, this is the result of
meeting with the community and members in the community. We have come up with the CRA,
and this CRA is just what it says, Community Redevelopment Authority. We know what's
needed in Overtown. There are many supportive services that this Commission intends to see
that the CRA Board or agency provides that area with. But it's this... The reason this
Commission exercised the authority in it is, other individuals came before us and did not tell
everybody the facts; number one, that they wanted all of the assets; and number two, a CRA is
not a mini HRS (Health and Rehabilitative Services), but the CRA can assist in getting the
supportive services in unemployment for that area, health care for that area, and educational
opportunities. So that will be the main thrust of this CRA Board, that as we develop the
infrastructure, that we also improve the quality of life for the residents. Thank you, Mr. Mayor.
Mayor Clark: Thank you, Mr. Dawkins.
33 April 27, 1995
----------------------------------------------------------------------------------------------------------------
6. WAIVE ALL WAIVABLE USER FEES IN CONNECTION WITH STAGING
A CANADIAN FOOTBALL LEAGUE EXHIBITION GAME IN THE
ORANGE BOWL STADIUM (JUNE 24, 1995). [KW: soccer]
Mayor Clark: All right, item number...
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: If I may interject here a second before we move on to the next item. I
have here Bill Perry of Miami Sports and Exhibition Authority with Mr. Bruce Frey, who is
going to be acquiring a Canadian Football League team that will be playing in the Orange Bowl
starting in 1996, the Miami Manatees, and they're here with a request that the Manager is in
accord with. If I could just bring Bill Perry up a second, and introduce Mr. Frey to the
Commission.
Commissioner Dawkins: Why would you supersede J.L. Plummer? Because he's the
chairperson. You don't think he's got the kind of... thing to do that?
Commissioner De Yurre: With that yellow shirt that he's wearing, I don't... He needs to stay in
the background as much as possible.
Commissioner Dawkins: Oh. OK. Thank you. Go in the background.
Vice Mayor Plummer: Yeah, this is going to be interesting, because of what took place at the
meeting the other day, so I'm interested to hear what's going to happen.
Mayor Clark: All right, Bill.
Vice Mayor Plummer: Because we haven't approved this, what I think that they're asking for,
but we'll find out.
Mr. Bill Perry: Now, what you... What's being requested here is for the Orange Bowl Stadium
use on June 24th.
Mr. Odio: No, I'm just surprised it came about, the Sports... We met the other day and we
agreed that...
Commissioner De Yurre: This is not a Sports Authority item. This is a City Commission item.
Mr. Odio: No, no, no. That's why...
Vice Mayor Plummer: No, that's what I'm wondering, why it's a Sports Authority item.
Mr. Odio: It is not.
Vice Mayor Plummer: Because it hasn't been brought to my attention as chairman, so that's
why I was asking.
34 April 27, 1995
Mr. Odio: It is not, but we expect the Sports Authority to work with us, because...
Mayor Clark: They're making a contribution.
Mr. Odio: This is important for the City to bring in a franchise like the Canadian Football
League would bring to Miami, the jobs that it entails. You only think of the players, but to move
an office into the Miami area creates an enormous amount of jobs, in support stores, and so forth.
Bruce, I think that you submit Mr. Frey...
Commissioner Dawkins: So you're bringing Mr. Perry to the mike, not Commissioner De Yurre.
Vice Mayor Plummer: Well...
Mr. Odio: No, no. Whoever... We need the... We need to... I'm asking, I guess to... They had
planned an exhibition game at the Orange Bowl so that the people in Miami can taste the
Canadian Football League.
Mayor Clark: For June the 24th.
Commissioner Dawkins: When? When are you going to do this?
Mr. Odio: June 24th.
Commissioner Dawkins: So you need approval?
Mr. Odio: We need...
Commissioner Dawkins: So moved.
Mr. Odio: ... to let them play there for free and... so that...
Commissioner Dawkins: The exhibition game or the whole season?
Mr. Odio: It's an exhibition game.
Mayor Clark: No, no, no.
Commissioner De Yurre: No, no, the...
Vice Mayor Plummer: We're speaking of the rental.
Commissioner Dawkins: Play the exhibition game free. So move.
Mr. Odio: Exhibition game only, at the stadium.
Commissioner De Yurre: OK, and I'll read the resolution waiving all applicable City fees in
connection with the staging of a Canadian Football League exhibition game in the Orange Bowl
Stadium on June 24, 1995.
Mayor Clark: All right. Moved and seconded.
Vice Mayor Plummer: Can I have a copy of that, Victor? Has anybody passed that out? I've
not seen that prior.
35 April 27, 1995
Commissioner De Yurre: I have them right here. I could just slide them down, slide them down.
No, nothing for you.
Vice Mayor Plummer: All right. Just for the record...
Mayor Clark: Here, J.L.
Vice Mayor Plummer: I have it now, Mr. Mayor, finally. They've never been accused of
moving fast. Mr. Manager, for your edification, at the Sports Authority, it was brought to us
there on Tuesday that there is a request of the Sports Authority for a grant of fifty thousand
dollars ($50,000). The consensus was that we will be approving it. The problem was, we did
not have a quorum. Our general counsel has given us many reasons that we have to take into
consideration for the vote on that grant of money, but it is our feeling, and I think I speak for the
board, that we are going to proceed. And Mr. Perry is trying to call a meeting together when we
can get seven members to approve, once they have complied with that which they have to by the
rules and bylaws.
Mr. Odio: And then the Sports Authority will refund the City for the exhibition game. Great.
Vice Mayor Plummer: No, that's not what I said, sir. Matter of fact, just so that there's no...
Mayor Clark: All right, now, let's not... let's not play around now. Let's get down to facts. We
got to move this meeting.
Vice Mayor Plummer: Right.
Mayor Clark: There's a motion and a second on the floor. Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-269
A RESOLUTION WAIVING ALL WAIVABLE USER FEES AS PERMITTED BY
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN
CONNECTION WITH THE STAGING OF A CANADIAN FOOTBALL LEAGUE
EXHIBITION GAME TO BE HELD IN THE ORANGE BOWL STADIUM ON JUNE
24, 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.
36 April 27, 1995
Mayor Clark: Item number 3.
Commissioner De Yurre: Thank you, Mr. Frey, for being so eloquent.
Mr. Bruce Frey: I just want to thank Mr. Mayor and the Commissioners for supporting the
Canadian Football League. We hope to bring a franchise here in 1996. We look forward to the
prospect of playing in Miami, bringing back a professional sport to Miami and in the Orange
Bowl, and I thank you all for your support.
Vice Mayor Plummer: Let me say to you, sir, in this particular community, you could not have
picked a better name for your team than the Manatees.
Mr. Frey: Thank you very much.
Commissioner Dawkins: I'd like to say that, here on record, Commissioner De Yurre and I will
have a problem. We have two sons who would like to be ball boys, so we want you to know that
it's not a conflict of interest. We will not get any money out of it.
Mr. Frey: Thank you, sir.
Vice Mayor Plummer: Mr. Frey, don't worry. I just have two girls.
Commissioner Gort: Mr. Mayor.
Mayor Clark: All right. Let's...
Commissioner Gort: I'd like to make a little statement, Mr. Mayor. The City of Miami has been
very good to all of the franchises that have come to the City of Miami. Unfortunately, as they
become good franchises, they have left the City of Miami. So I hope in your contract with us,
you make a commitment to stay with the City of Miami, because we've been damn good to a lot
of people, and then after they have made us, they have left us.
Unidentified Speaker: That's right.
Mr. Frey: Commissioner, we plan to stay in Miami.
Commissioner Gort: Great. Thank you.
Mr. Frey: It's going to be our home. It's going to be Miami's team. Thank you.
Mr. Odio: Well, we'll make sure of that through the contract, too.
Vice Mayor Plummer: Yes.
37 April 27, 1995
----------------------------------------------------------------------------------------------------------------
7. SELECT 22 APPLICANTS FOR ST. HUGH OAKS VILLAGE UNITS
THROUGH LOTTERY PROCESS.
Mayor Clark: Item number 3, selection of applicants for the St. Hugh Oaks Village units
through a lottery process.
Vice Mayor Plummer: Mr. Mayor, I asked that be put on. I'd like to be informed how many
people have actually qualified. I'd like to know when this process is going to be, the selection is
going to be made. I'm still, Mr. Bailey, questioning that I have not seen - I have not seen what I
consider to be a lot of advertising for that scenario.
Mr. Herb Bailey (Assistant City Manager): Oh, we've advertised two or three times in every...
Vice Mayor Plummer: OK. We have 23 units; is that correct?
Mr. Bailey: We have 23 units.
Vice Mayor Plummer: OK. And how many people have qualified?
Commissioner Dawkins: Twenty-three.
Mr. Bailey: We have 22 today. One person withdrew.
Vice Mayor Plummer: OK. Now, on the lottery, it is my understanding how this will work is
that house number one has been designated, and that will be the house that is chosen?
Commissioner Dawkins: No, no.
Vice Mayor Plummer: OK. That's what I want to know.
Commissioner Dawkins: The way it's going to work, Mr. Plummer, is we... I will draw one,
Willy Gort will draw one.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Number one will be able to go out to the 23 units...
Vice Mayor Plummer: And choose?
Commissioner Dawkins: ... pick the unit that number one wants.
Vice Mayor Plummer: That's fine.
Commissioner Dawkins: Number two will be able to pick number two, and we will go down till
we get to 22, and then 22 will be the one that has to take what's left.
Vice Mayor Plummer: OK. Let me ask one other question. Mr. City Manager, as you know,
without casting any aspersions, and before this lottery is done, I have been told that there is no
way that the City can be protected for this to be on spec; in other words, somebody buying this
and selling it for a profit within a year or so to make money on this deal.
38 April 27, 1995
Mr. Odio: I learned a new word yesterday. It's called "alienation." We are told that once you
choose a person and they go ahead and obtain, buy the property, that under the constitution, they
have the right to do whatever they want with it.
Vice Mayor Plummer: OK. I was just concerned and that I have been aware that in some other
cases, people have gone in, bought at this very low, reasonable price, within a year, turned
around and sold it, and made a nice profit, and that's the only thing they ever intended to do in
the first place.
Mr. Odio: Now, what I don't know, Commissioner, and maybe Linda can clarify, if those people
living in that, in St. Hugh Oaks create a condominium association, then there are some...
Commissioner De Yurre: Homeowners, homeowners' association.
Vice Mayor Plummer: Homeowner.
Mr. Odio: Then if they are not, they cannot have restrictions.
Commissioner Dawkins: You can't.
Ms. Linda Kearson (Assistant City Attorney): If I may clarify this for a second, please. You
will, in fact, have a condominium association.
Commissioner De Yurre: A homeowners'... Is it a homeowners' or a condominium? That's
not...
Ms, Kearson: It's a condominium association. We have the documents in Tallahassee now
being approved for a condominium association. Included in the declaration is that it will require
75 percent of the owners of the condominiums to vote on the sale of any units. But... But to
clarify again, the City Commission has no authority, once we have sold the units to the
individual purchasers, we have no authority to dictate the reselling of those units.
Commissioner Dawkins: And that's the Florida...
Ms. Kearson: And that is called unreasonable restraint or alienation. That is...
Commissioner Dawkins: That's Florida law.
Ms. Kearson: That's the United States Constitution. You cannot do that.
Vice Mayor Plummer: Let the record reflect I tried.
Commissioner Gort: Can I ask a question?
Mayor Clark: Mr. Gort.
Commissioner Gort: Before the sale is made, where it's still owned by us, in the sale, can we
provide a covenant where they cannot... where we can put the restriction?
Ms. Kearson: What you have to keep in mind, Commissioner, is that we have advertised these
units for a specific price.
Commissioner Gort: Right.
39 April 27, 1995
Ms. Kearson: You have 22 individuals who have prequalified, based upon that sales price.
Commissioner Gort: Right.
Ms. Kearson: So, no, you cannot.
Commissioner Gort: You cannot put that up.
Mayor Clark: Let's move on.
Commissioner De Yurre: And Mr. Mayor, with this process of the lottery, there... We have two
models. We have "A" and "B," correct?
Mr. Bailey: Correct.
Commissioner De Yurre: Now, the way you're proposing the lottery is... Are you giving any
distinction to preference, if people really want an "A" as opposed to a "B"?
Mr. Bailey: No. They will select whatever unit that they would like to select, if they become
number one, number two, or number three.
Commissioner De Yurre: So whoever gets the number one, they have the choice, and they go
right on down the line.
Mr. Bailey: They have the choice of either... They have their choice of whatever house that they
have already qualified for.
Commissioner De Yurre: OK.
Mayor Clark: Folks, let me tell you something. It's getting late in the morning. We got a
tremendous agenda. Can we hold that till a little later? Do we have to do it now?
Mr. Bailey: Well, it will only take five minutes, Mr. Mayor.
Mayor Clark: All right, let's do it.
Vice Mayor Plummer: Yeah, let's do it on TV, so that there's no question on anybody's mind
about fairness.
Commissioner De Yurre: Do we have Arthur Andersen here and the CPA's and all that, like the
Lotto?
Commissioner Dawkins: Number one is...
Vice Mayor Plummer: Here, you want to pass them here, and I'll mark them with a number.
Commissioner Dawkins: OK, go ahead.
Vice Mayor Plummer: The first one on St. Hugh Oaks is... Why are they so... OK, here.
Ronald Uritus and Dorothy McManus is number one.
Commissioner Dawkins: OK. Then you go to number two.
40 April 27, 1995
Vice Mayor Plummer: Number two... Give it to me the right side up, and let me put my glasses
on. Emmett Saunders is number two. Number three is Alan Edward Davis. Number four is
Brenda Joyce Rivers and Edward Wayne Rivers. Number five...
Mayor Clark: Bill Perry.
Vice Mayor Plummer: That's in Melbourne, Florida. Salvadore Volpe and Doloras C. Volpe
are number five. Number six is Manuel Rodriguez. Number seven is Millicent Bain and Andrea
Bain. Number eight, Auguste Nicoleau and Dianne Nicoleau. Number nine is Clevan
Ainsworth Ramsay and Dorothy (sic) Hall Ramsay. Number 10 is Thomas J. McPartland.
Number 11 is Julio Webel and Jacqueline Webel. Number 12. Whoops. Number 12 is Kwon
Lee and Wyung H. Lee. Number 13 is Willard J. - I'm sorry - Willard S. Radecliffe. Fourteen,
Pierre Rutledge.
Mr. Odio: He works for the City.
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Sure, it's legal. He lives in the City.
Vice Mayor Plummer: Yeah.
Mr. Odio: That's the Nuisance Abatement.
Mayor Clark: He will now.
Vice Mayor Plummer: Number 15, Roberto Rene
Maricel Cobits. Number 17, Laurence E. Arrington
Rosalee McCurdy.
Commissioner Dawkins: Where are the others?
Denis. Number 16, Thomas A. Cobitz and
. Eighteen, William John Bahser. Nineteen,
Vice Mayor Plummer: In the bucket there. Number 20 is Robert A. Young and Veronica C.
Williams. Twenty-one, Virginia Elizabeth Golden. Twenty-two, and the final pick is Alejandro
B-E-N-E-D-I and Gladys Dunnell. Mr. Mayor, that concludes... And there's one still to be
allocated at a later time; is that correct?
Mayor Clark: All right. Here's your jar.
Vice Mayor Plummer: I'll initial all of these.
Mayor Clark: Thank you.
41
April 27, 1995
----------------------------------------------------------------------------------------------------------------
8. VICE MAYOR PLUMMER STATES THAT THE MATTER ON WHICH MR.
NELSON DIAZ, GENERAL CONTRACTOR OF THE ST. HUGH OAKS
VILLAGE CONDOMINIUM PROJECT (ASSOCIATES CONSTRUCTION
CORP.), WAS TO ADDRESS THE COMMISSION HAS BEEN RESOLVED.
Mayor Clark: On item number 4, Mr. Nelson Diaz, is he present?
Vice Mayor Plummer: Mr. Mayor, my question of Mr. Diaz has been resolved by virtue of the
lotto.
Mayor Clark: Thank you. All right. Item number 5.
----------------------------------------------------------------------------------------------------------------
8.1 INSTRUCT ADMINISTRATION TO MAKE AVAILABLE REMAINING ST.
HUGH OAKS VILLAGE UNIT TO NEXT INDIVIDUAL TO QUALIFY.
----------------------------------------------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor, can we just do that whoever next qualifies, he
automatically gets the last home? And that's it.
Vice Mayor Plummer: I have no problem with that.
Commissioner De Yurre: So that...
Commissioner Dawkins: What?
Commissioner De Yurre: There's only one home left, so whoever is next to qualify for that
home, that he gets it automatically.
Commissioner Dawkins: Make the motion.
Mayor Clark: That's very good.
Commissioner De Yurre: I so move.
Commissioner Dawkins: Second.
Mayor Clark: Very good. On the consent agenda, we've adopted the consent agenda.
Mr. Odio: It should go to a police officer.
Vice Mayor Plummer: Yeah. Victor?
Commissioner De Yurre: Yeah.
Vice Mayor Plummer: That's a good idea. The Manager just said that we ought to have, if you
want, to try to get a police officer in there, to live in there.
42 April 27, 1995
Mr. Odio: I would like to offer it at the Police Department, and if there's more than one, then...
Commissioner De Yurre: If it's legal, I have no problem with that.
Mr. Odio: I don't know. Can we do that?
A. Quinn Jones, III, Esq. (City Attorney): Do what, I'm sorry?
Mr. Odio: To give the last one as an option to the police, a police officer. No, the last one left.
Mayor Clark: All right. Mr. Plummer...
Mr. Jones: I don't think you can do it to the exclusion of anybody else who is qualified.
Commissioner De Yurre: He better hurry up. Let's put it that way.
Commissioner Dawkins: Whoever comes in first gets it.
Mr. Odio: OK.
Commissioner Dawkins: Policeman, fireman, sanitation worker, whomever.
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO. 95-270
A MOTION INSTRUCTING THE ADMINISTRATION TO MAKE AVAILABLE
THE LAST REMAINING HOME CURRENTLY FOR SALE AT ST. HUGH OAKS
VILLAGE TO WHOMEVER IS THE NEXT INDIVIDUAL TO QUALIFY FOR
SAME.
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.
43 April 27, 1995
1
--------- '-------------------------------------------------------------------------------------------------------
9. DISCUSS AND DEFER CONSIDERATION OF PROPOSED CLOSING OF
MARLER AVENUE (BEHIND ST. HUGH OAKS VILLAGE) IN ORDER TO
GIVE NEW HOMEOWNERS AT ST. HUGH OAKS AN OPPORTUNITY TO
BE HEARD ON THE PROPOSAL.
Mayor Clark: All right.
On 13, Mr. Plummer.
Commissioner Dawkins:
Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins:
Plummer, you got 13?
Mayor Clark: Yeah.
Vice Mayor Plummer: What's 13?
Commissioner Dawkins:
I don't know.
Mayor Clark: A discussion on Marler Avenue.
Commissioner Dawkins:
Can I have a...
Vice Mayor Plummer: Oh.
Commissioner Dawkins:
Could we have... OK, go ahead.
Vice Mayor Plummer:
Mr. Mayor, these are the people that have been here before about the
closing. Are they here...
Yes, they're here. They've asked...
Commissioner Dawkins:
OK. Mr. Mayor...
Vice Mayor Plummer: They've asked to be heard, once again, in their... What their request is, is
now a very heated affair about closing that alley which is right behind St. Oaks - St. Hugh Oaks -
and the City has had objections. They will make their case known before the City, and possibly,
yes or no, something will be done. They can present their case and the City can present theirs.
Mayor Clark: All right. Proceed.
Commissioner Dawkins: OK. Mr. Mayor, please.
Mayor Clark: Hold it.
Commissioner Dawkins: Mr. Plummer.
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: I would ask that this be postponed. Commissioner Gort and I are
chairpersons of the condominium of St. Hugh Oaks. Those people are now homeowners. Those
44 April 27, 1995
people should have a right to speak about what should happen to that piece of property. These
people now are not the only ones affected now, so therefore, I would like to wait until we could
meet with the new homeowners and get their feelings on how this should be done.
Ms. Bonnie Pickard: I have one comment to make on that.
Commissioner Gort: Commissioner.
Mayor Clark: Please, please. Just a moment. Mr. Gort.
Commissioner Gort: My understanding, and I've met with the individuals, and I've told them
how the way...
Vice Mayor Plummer: Where's Herb Bailey?
Commissioner Gort: In the past, my experience has always been that when you're closing an
alley, both property owners would have the right to half of the... And I explained that to them. I
also explained to them, with the new property owners coming in that they should choose the
right, if they do want it, go ahead and... My understanding is a fence has already been built up, a
very expensive fence, that the person who wanted the extension of the land, they would have to
knock that down and bring it back up. I agree with Commissioner Plummer. I think we have to,
with the new property owners in that area, we got to sit down with them and see if they're
willing to accept that option, Commissioner Dawkins.
Commissioner Dawkins: Yeah, because the new homeowner...
Commissioner Gort: And if they don't, then you can have...
Ms. Pickard: May I have permission... one thing.
Commissioner Dawkins: The new homeowners may decide that they want to open the street up
so that they can have access to their property. They may not want to... They may a not want to
close it.
Mayor Clark: Please, sir, please have a seat.
Commissioner Dawkins: That's all. That's all.
Ms. Pickard: Wait, wait. I... But there was a promise made by the City Commissioners.
Commissioner Dawkins: No, there was no... By whom? What...
Ms. Pickard: By... By Mayor Suarez, by Mr. Plummer, Mr. De Yurre, in meetings before St.
Hugh Oaks was built.
Commissioner Dawkins: What... did anybody up here vote on that?
Ms. Pickard: Yes, sir.
Commissioner Dawkins: Who voted on it?
Ms. Pickard: May I?
Commissioner Dawkins: I mean, where are the... Get the...
45 April 27, 1995
Ms. Pickard: May I speak?
Commissioner Dawkins: No, ma'am. Get the minutes and show me where we voted on that,
where we voted to give them Marler Street.
Ms. Pickard: No. Mr. Dawkins...
Commissioner Dawkins: Wait a minute, now, hold it. No, no, no. You made a statement...
Ms. Pickard: I haven't said anything yet, Mr. Dawkins.
Commissioner Dawkins: Yes, ma'am. You said that this Commission voted to close Marler
Street.
Ms. Pickard: No, I didn't, Mr. Dawkins.
Commissioner Dawkins: OK. Well, you...
Ms. Pickard: I said that there were several meetings before St. Hugh Oaks was built when the
City of Miami officials requested the neighborhood approval to build these houses, and in
requesting the approval to build the proposed St. Hugh Oaks, there were many community
meetings. And in these community meetings, the Commissioners did compromise, negotiated
compromises for 23 units...
Vice Mayor Plummer: Cesar, where are you buying lunch?
Ms. Pickard: Excuse me.
Commissioner Dawkins: I'm waiting.
Ms. Pickard: For 23 units, rather than 18 units. There were several compromises made, and one
of them was very clear that Marler Avenue would be continued, undisputed use by the Loquat
residents. And in that, the buildings were built with the property lines down the side of Marler
Avenue, the fences were erected with that in mind, and the gates were erected with that in mind.
Now you're asking we, who are subsidizing these houses also... also, we who are paying a lot
more taxes, to now give up the land.
Commissioner Dawkins: You don't own the land to give it up.
Ms. Pickard: No, I understand that.
Commissioner Dawkins: OK. Mr. Mayor... May 1, Mr. Mayor?
Ms. Pickard: But that was negotiated.
Commissioner Dawkins: May I, Mr. Mayor? Mr. Bailey - I mean Mr. Manager, through you to
Mr. Bailey, please.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Mr. Bailey, the problem is, we've been here too long, OK? Now, the
part that she left out is, that community never wanted those units. When we first started to build
those units, how many units were we trying to put in, Mr. Bailey?
46 April 27, 1995
a
Unidentified Speaker: Thirty.
Mr. Herb Bailey (Assistant City Manager): In the beginning, it was 40 the first time.
Commissioner Dawkins: All right, 40. All right?
Ms. Pickard: Twenty-eight.
Mr. Bailey: Then it began to scale down.
Commissioner Dawkins: And why didn't... Why didn't we do 40?
Mr. Bailey: Because the community felt that that was too much density, and we had some other
problems in regards to the land use.
Commissioner Dawkins: All right. Then we went down to what, Mr. Bailey?
Mr. Bailey: Well, we went down to 33, and they complained about that.
Commissioner Dawkins: All right. Then the community did what, Mr. Bailey?
Mr. Bailey: And they complained again in regards to that being too many units.
Commissioner Dawkins: Then we went down to what?
Mr. Bailey: To what we have today, 23.
Commissioner Dawkins: All to satisfy the community. Now, any time during that negotiations
and the satisfying the concerns of the community, was it ever said that we would close Marler
Street for any concessions made by the homeowners?
Mr. Bailey: I don't remember that being said.
Commissioner Dawkins: I don't either. Thank you.
Ms. Pickard: Mr. Dawkins, it was said, and there are transcripts. Even the architects said that
they built the property...
Mayor Clark: Ma'am, please, please. That may have all happened. There's a request by
Commissioner Dawkins and Commissioner Gort to defer this item until the people can be
consulted. You disagree...
Ms. Pickard: But the people don't even live there, sir. We do.
Mayor Clark: Wait, now. Please, ma'am.
Commissioner Dawkins: They do live there. They just houses.
Commissioner Gort: They've already been selected. We just selected them today.
Mr. Art Smith: We've been saying that for...
Ms. Pickard: Well, you've promised us something, and now the City is reneging on this.
47 April 27, 1995
Mr. Smith: (Inaudible.)
Mayor Clark: Sir, you're out of order. You're out of order.
Commissioner Dawkins: And the reason you're coming here, you want to force this on people.
Ms. Pickard: No, no, sir. No, sir. You're forcing it on us.
Mr. Smith: I beg your pardon. That is not true.
Commissioner Dawkins: OK. OK.
Mr. Smith: I'm not forcing this. We've asked for this since October, since September...
Mayor Clark: Sir, we don't even know who you are. Please be seated.
Mr. Smith: ... and we've been postponed every time.
Mayor Clark: Sir, we...
Commissioner Dawkins: And it's going to be still postponed.
Mayor Clark: There's a motion.
Mr. Smith: You have that power, sir.
Ms. Pickard: You have the power to renege on us, as promises made...
Commissioner Dawkins: I've never promised you I was going to do anything different than
what I'm doing. See, you see... Let the records reflect that Miller Dawkins never promised her I
was going to close Marler Street, and I don't want anybody in the audience or watching on TV to
go along with her saying I reneged on a promise I made to her. I did not promise her to close
Marler Street.
Mr. Smith: This Commission did.
Mayor Clark: Sir, sir....
Ms. Pickard: This Commission...
Mayor Clark: Sir, just a moment. That may have happened.
Ms. Pickard: Yes, sir.
Mayor Clark: There's a motion in order right now to defer the item until Mr. Dawkins and Mr.
Gort can get together with these people. Call the roll, Madam Clerk.
Ms. Pickard: We're now negotiating...
Mayor Clark: Please, ma'am.
48 April 27, 1995
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-271
A MOTION TO DEFER AGENDA ITEM 13 (DISCUSSION REGARDING THE
PROPOSED CLOSING OF MARLER AVENUE BEHIND ST. HUGH OAKS
VILLAGE) IN ORDER TO GIVE THE NEW HOMEOWNERS AT ST. HUGH OAKS
AN OPPORTUNITY TO BE HEARD ON THIS PROPOSAL.
(Note: Commissioner Dawkins is the president of the St. Hugh Oaks Village
Condominium Project Association; Commissioner Gort is the secretary of said
Association.)
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.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: Before I vote, Mr. Mayor, I just want to make sure that we can remedy
this quickly, and I have no problem entertaining the closure, but let's get it over and done with
quickly, and maybe at the next... at the May meeting, so we can resolve this situation.
Commissioner Dawkins: Well, either... Wait a minute. But I'm in favor of that, if you say
closure or remain open.
Commissioner De Yurre: No, whatever. I'm saying...
Commissioner Dawkins: I don't want it to say here that we...
Mayor Clark: Please, now. You've got a motion on the floor. You made the motion.
Commissioner Dawkins: OK, thank you. But I have to clear it so that we don't have nobody
else saying we made them a promise we didn't make, Mr. Mayor.
Ms. Pickard: Excuse me.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, if I might. Mr. Mayor, please, there's
something you need to know.
Mayor Clark: All right.
Mr. Jones: You cannot just give this property to these people. You have to go through a whole
process of replatting, go before the Street and Plat Committee, and that's where the approval has
to come in. It can't be just a matter of you saying they can use "X" amount of feet or whatever.
They've got to go through the whole process.
49 April 27, 1995
Commissioner Dawkins: Thank you.
Ms. Pickard: Mr. Jones, these people have been on that land for 30 years.
Mr. Jones: It doesn't matter whether they've been there for a hundred years. I'm telling you
what our Zoning Code requires, and I'm not going to advise the Commission to go against what
the Zoning Code provides, because it would be subject to challenge.
Mayor Clark: This item is up for deferral. No more conversation. Call the roll, Madam Clerk.
Vice Mayor Plummer: I have to respect my colleague's request for a deferral, and I do such.
----------------------------------------------------------------------------------------------------------------
10. DIRECT CITY MANAGER TO MEET WITH REPRESENTATIVES OF
SENIOR'S PLAZA AT HADLEY PARK AND COME UP WITH FUNDING
POLICY FOR PROPOSED BUILDING SPACE AT HADLEY PARK --
DESIGNATE ELBERT WATERS AS CONTACT PERSON IN CHARGE OF
PROJECT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: When's the next meeting?
Commissioner Dawkins: Mr. Mayor, can we hear 15-A? We have some residents who want to
be heard on 15-A and leave. Fifteen -A.
Commissioner De Yurre: When's the next meeting?
Vice Mayor Plummer: Which one?
Commissioner Dawkins: Fifteen -A.
Mayor Clark: Fifteen -A.
Vice Mayor Plummer: Fifteen... Oh.
Commissioner Dawkins: Go right ahead, Mr. Stanley and Mr. Johnakin.
Mr. George Stanley: My name is George Stanley. I live at 4930 Northwest 15th Avenue, the
chairperson of the Hadley Park Homeowners and Residents Association. We are here this
morning to discuss an unfinished promise to the citizens of Hadley Park Community. We are
asking for a consideration to design and build a center at Hadley Park for the senior citizens and
others of the community. This present building is now being used for the AARP (American
Association of Retired Persons) meetings, the retired postal workers, Hadley Park Homeowners
and Residents Association, and use activity. This current building is too small to house these
community groups. The purpose...
Mayor Clark: What does he need?
Mr. Stanley: The proposed building...
Commissioner Dawkins: OK. Hold it. Let me help, let me help you, Mr. Stanley. Mrs.
Dawkins, what groups will use this facility? Mr. Bailey?
50 April 27, 1995
Vice Mayor Plummer: He just named them.
Commissioner Dawkins: OK. Somebody tell us, because we could cut through this if you'd just
tell us.
Mr. Stanley: OK. The group that would use this would be the Liberty City Optimist Club...
Commissioner Dawkins: No, no, no. I mean the City of Miami agencies, like... 1 think you told
me we were going to put a NET (Neighborhood Enhancement Team) office in there.
Mr. Stanley: Yeah. We haven't got to that.
Commissioner Dawkins: OK. All right. Tell me what we're going to do in there.
Ms. Erla Allen: We're going to house... My name is Erla Allen. You...
Mr. Stanley: Wait a minute, Ms. Allen. May I finish?
Ms. Allen: OK. I'll wait.
Mr. Stanley: The proposed building will house the above organizations, and will also meet the
needs of the art... the children's programs for children with special needs, and especially the
NET program. This will not be a place for senior citizens only, but for all citizens. Honorable
Mayor Clark and the Commission, we ask you if you would assign someone to keep us advised
on this project.
Mayor Clark: All right. Mr. Gort.
Ms. Allen: May I interrupt?
Mayor Clark: Just a moment, please. Willy.
Commissioner Gort: I think we can cut through the red tape in here. We're working very
closely with the school system, and we've established some programs, and we're trying to...
believe that the parks and the schools should be the basis to all the neighborhoods again. And I
think what these individuals needed, what this neighborhood needs is a facility that can be
utilized by all the people that utilize the park. You've got a lot of... I was there at the Optimists.
It's got an excellent program for the youth, and we, with the problems that we're having with
Washington, we need to have programs in our parks and...
Mayor Clark: What do you need? A resolution?
Commissioner Gort: I think what they want is a resolution that we're going to work with them
to try to get a...
Commissioner Dawkins: The Manager has...
Commissioner Gort: ... a building that will be able to be used by everyone there in that park, and
that the park will be used by everyone.
Commissioner Dawkins: That's right, it will be. Go right ahead, Mr. Manager.
Mr. Cesar Odio (City Manager): Commissioner, I've been asking the NET people that we need
to design a prototype NET office, which eventually, someday we could have 13 equal buildings.
51 April 27, 1995
Commissioner Gort: A community building.
Mr. Odio: And maybe this would be the first one in which you could have the NET office and...
Commissioner Dawkins: OK, all right. I move that...
Mr. Odio: ... and a meeting room big enough for the community.
Commissioner Dawkins: OK. I move that we direct the Manager to meet with the group and
come up with a funding policy, and what have you. Go ahead, I'm sorry, Mr. Gort.
Commissioner Gort: And also in the design consideration, all the people that use the park should
be involved, too, because of the needs. Like when you have a lot of kids playing out there,
there's a lot of need for restrooms and other facilities, and so on.
Commissioner Dawkins: Well, Mr. Johnston is there now, because they have changed the
meeting rooms to classrooms so that they can have tutoring and what have you, and try to do
something for the youth. So I move that we... Go ahead...
Mayor Clark: Mr. Manager...
Mrs. Nancy Dawkins: Before you move on it, we would like to have a contact person...
Commissioner Dawkins: We're going to get...
Mrs. Dawkins: ... because when you direct the Manager, we can't always find the Manager, so
we'll be...
Mayor Clark: Get Miller Dawkins.
Mrs. Dawkins: We want another contact person.
Vice Mayor Plummer: Don't feel bad. We can't find him sometimes, either.
Commissioner Gort: We'll get you one you can see every day.
Commissioner Dawkins: OK. I move that the Manager be instructed to assign...
Mayor Clark: Miller Dawkins.
Mr. Odio: Bert Waters will lead with Herb Bailey...
Commissioner Dawkins: And me, and me.
Mr. Odio: And you.
Commissioner Dawkins: Because the Manager said "Miller Dawkins." And I'll report back to
the committee. All right? All right.
Mr. Odio: But Bert Waters... Bert is the NET...
Mayor Clark: All right, all right. Is there a second?
52 April 27, 1995
. ,",N
Commissioner Dawkins: At your next meeting, Mrs. Dawkins, we will have something in
writing with the amount of money and what... and where we will find the money to do this.
Mayor Clark: All right. Is there a second to the motion?
Vice Mayor Plummer: Second the motion.
Mayor Clark: Cast a unanimous ballot, with no exception. Thank you all. Thank you.
Commissioner Dawkins: All right. Thank you, Mr. Mayor.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO.95-272
A MOTION DIRECTING THE CITY MANAGER TO MEET WITH
REPRESENTATIVES OF SENIOR'S PLAZA AT HADLEY PARK AND COME UP
WITH A FUNDING POLICY FOR PROPOSED BUILDING SPACE AT CHARLES
HADLEY PARK FOR USE BY THE RESIDENTS OF THAT AREA; FURTHER
INSTRUCTING THE CITY MANAGER TO DESIGNATE MODEL CITY SERVICE
CENTER NEIGHBORHOOD ENHANCEMENT TEAM (NET) ADMINISTRATOR
ELBERT WATERS AS THE CONTACT PERSON FOR THIS PROJECT; FURTHER
DESIGNATING COMMISSIONER DAWKINS AS THE COMMISSION DESIGNEE
TO WORK WITH MR. WATERS ON THIS ISSUE AND TO REPORT BACK. TO
THE COMMISSION REGARDING SAME.
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.
----------------------------------------------------------------------------------------------------------------
11. RENAME ALLAPATTAH COMMUNITY CENTER AS: THE ORLANDO
URRA COMMUNITY CENTER. (Note: R-93-468 had already named the
Allapattah Community Center as the Orlando Urra Community Center.]
Mayor Clark: All right, Mr. De Yurre. Mr. De Yurre would like to rename the community
center in Allapattah in honor of Orlando Urra, which I think is an excellent idea.
Commissioner Dawkins: Second the motion. Go ahead, sir.
(APPLAUSE)
53 April 27, 1995
Vice Mayor Plummer: Mrs. Urra is present.
Commissioner De Yurre: Well, Mr. Mayor, certainly, that's something. Orlando was
instrumental for many improvements in that area, and certainly, he was the heart and soul of
Allapattah, the community center there. And to begin with, I'm very glad to see that his wife,
Miriam, is following in his footsteps, and is going to remain there, along with the family, her son
and daughters, and the staff that is there. But certainly, to make it official, because whenever
you speak of the center, you're saying "El Centro de Urra," so it's always been known as Urra's
Center, but officially, I think that it would be great for him, and his honor, and his family, that
we officially name that Orlando Urra Center.
Mayor Clark: And on the center, his name printed above.
Commissioner De Yurre: That's right.
Commissioner Gort: I'll second the motion. And I'd like to state, Mr....
Vice Mayor Plummer: Second... third the motion.
Commissioner Gort: I made a mistake when I said this election was my first election in my life.
It was not true. My first election was back in 1972, when Urra and I ran for president and vice
president of the Allapattah Community Development, and that's... It would be a great honor for
me to second this motion.
Commissioner De Yurre: OK.
Mayor Clark: All right.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, just so you know that you... that this
Commission adopted a previous resolution authorizing to rename back in 1993, so you...
Commissioner De Yurre: Well, it was never implemented, so we're implementing it now.
Commissioner Dawkins: All right. Well, anything that was legislated, we're un-legislating it
now.
Vice Mayor Plummer: And re -legislating.
Commissioner Dawkins: And re -legislating. Is that permissible, Mr. City Attorney?
Mr. Jones: I'm sorry? Sorry?
Commissioner Dawkins: Anything that we legislated before, we're going to un-legislate it with
this vote, and re -legislate it by renaming it.
Mr. Jones: Well, just... you can reiterate it. I wouldn't un-legislate it.
Vice Mayor Plummer: Reinventing the wheel.
Commissioner De Yurre: You know what we want. Just do it, that's all.
Mayor Clark: Call the roll.
54 April 27, 1995
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-273
A RESOLUTION RECONFIRMING RESOLUTION NO. 93-468, ADOPTED JULY 8,
1995, WHEREBY THE ALLAPATTAH COMMUNITY CENTER WAS RENAMED
AS THE "ORLANDO URRA ALLAPATTAH COMMUNITY CENTER".
(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: Mrs. Urra?
Orlando Urra, Jr.: On behalf of my mother, Miriam, and...
Mayor Clark: She's right behind you.
Mr. Urra: She's right here. Mayor Clark and Commissioners, I'd like to thank you all for this
gracious act of renaming the center under my father's name. It's an honor to us, and we will try
as hard as possible to follow in my father's footsteps. I will, and I know my mother will. And
this is a very nice act from the City, and I and my mother thank you.
Mayor Clark: Thank you. Mrs. Urra, you want to say something?
Commissioner Dawkins: All right. And you and your mother must force...
(APPLAUSE)
Commissioner Dawkins: You and your mother must ride herd on this Commission, just as your
father did, to force us to do the things that we might overlook. OK?
Mayor Clark: Very good. Thank you, Mrs. Urra.
Mrs. Miriam Urra: Thank you.
Mayor Clark: Thank you so much.
Mrs. Urra: Thank you all.
Mayor Clark: Thank you.
55 April 27, 1995
----------------------------------------------------------------------------------------------------------------
12. INSTRUCT CITY MANAGER TO NOTIFY MIAMI MOTORSPORTS, INC.
THAT THE PORT OF MIAMI PLANS TO EXPAND INTO THE FEC
PROPERTY AND BICENTENNIAL PARK, THEREBY MAKING IT
IMPOSSIBLE TO HOLD ANY FURTHER GRAND PRIX RACES IN
DOWNTOWN AREA.
Mayor Clark: OK. Item number 15.
Vice Mayor Plummer: On the Bicentennial Park, 15.
Mr. Cesar Odio (City Manager): I think it's important that we brought this item to you today...
Mayor Clark: Santana.
Mr. Odio: ... because, Mr. Mayor and Commissioners, Carmen Lunetta has authorized me to use
his name, I guess, and to inform you that - and Commissioner De Yurre has been leading this
effort with my staff - that we need to notify the Motorsports that all intentions are to start the
port project in December. And so therefore, we needed to notify on the record the Miami
Motorsports, Incorporated, so they understand that they have to plan accordingly. In other
words, according to Carmen Luneta, Commissioner, I... you didn't hear me. He told me that I
could use his name to say that he wants to start this project, of course, subject to you finalizing
the agreement, in December, because he saves about half a million dollars in interest monies.
So...
Commissioner De Yurre: Yeah. We're down to seven issues.
Mr. Odio: So I think it's important that Miami Motorsports, Incorporated be notified of the fact
that if we start in December, he has to plan accordingly.
Mayor Clark: OK. How do you do that.
Vice Mayor Plummer: You want an official action?
Mr. Odio: I think you should.
Vice Mayor Plummer: All right. Mr. Mayor, as you know, I've been very, very closely related
to the Grand Prix for all of the years that it's been here. There's no question that the move is
imminent, and it will take place. It's with a great, deep sorrow that I have to make such a motion
that puts them on notice that the port expansion will probably start prior to what is the scheduled
next race which is in March, and as such, in the provisions of the contract, put them on notice at
this time that there will not be any other of the races in the downtown area.
Mayor Clark: Do you so move?
Vice Mayor Plummer: I hate to do it, but I so move.
Mayor Clark: Is there a second?
Commissioner De Yurre: Second.
56 April 27, 1995
Mayor Clark: Call the roll, Madam Clerk.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-274
A MOTION INSTRUCTING THE CITY MANAGER TO NOTIFY MIAMI
MOTORSPORTS, INC. THAT THE PORT OF MIAMI PLANS TO EXPAND INTO
THE FLORIDA EAST COAST (FEC) PROPERTY AND BICENTENNIAL PARK,
THEREBY MAKING IT IMPOSSIBLE TO HOLD ANY FURTHER GRAND PRIX
RACES IN THE DOWNTOWN AREA.
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
NOTE FOR THE RECORD: At this point, the City Commission
directed the City ME nager, when drafting the agenda, not to
schedule regular items until after the Consent Agenda.
----------------------------------------------------------------------------------------------------------------
13. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
AFFIRMATIVE ACTION ADVISORY BOARD. (See label 75)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Good God, I don't know where we're at now. Where are we at?
Ms. Matty Hirai (City Clerk): Regular item 6 on page 14.
Vice Mayor Plummer: Yeah, we jumped out of line. Where the devil is 7? Oh, OK.
Mayor Clark: Item 6.
Vice Mayor Plummer: All right. That's the appointments.
Mayor Clark: All right. What board is this? I have two appointments.
Vice Mayor Plummer: First one is the affirmative action board. According to this, Dawkins and
Gort have appointments.
57 April 27, 1995
Mr. Cesar Odio (City Manager): This is the Affirmative Action Board, Commissioner.
Mayor Clark: All right. You got an appointment, Willy?
Commissioner Gort: This afternoon.
Mayor Clark: Well, your appointment this afternoon, Miller?
Commissioner Dawkins: Yes, sir. I'll move that I submit mine in writing, and it's accepted...
Mayor Clark: OK.
----------------------------------------------------------------------------------------------------------------
14. APPOINT EMILIO LOPEZ AS MEMBER OF THE CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD. (Pending still is one
appointment to be made to represent Overtown Target Area.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: OK. Let's go with number 7.
Vice Mayor Plummer: My appointment to that Advisory Board is Emilio Lopez.
Mayor Clark: OK.
Vice Mayor Plummer: Now, who has the second one? Is that mine also?
Mayor Clark: Yeah.
Vice Mayor Plummer: I was told that it was. The second one? There is a second appointment?
Mr. Frank Castaneda: Right.
Vice Mayor Plummer: I nominate Ruby Feria. She has asked to be served on there. She is a
community specialist.
Mr. Castaneda: Commissioner, the issue is that the Overtown representative that was elected
never participated in the meetings.
Commissioner Gort: You have to be reelected again for Overtown. There has to be an election
Overtown.
Vice Mayor Plummer: Excuse me. I was not informed of that. You're telling me that Emilia
Lopez cannot serve?
Mr. Castaneda: No, no, no, sir. I'm telling you, for the next appointment, what I'm saying is,
that's why it doesn't have a Commissioner appointed.
Vice Mayor Plummer: Oh.
Mr. Castaneda: That position was elected, and the person never served.
Mr. Cesar Odio (City Manager): No, it should be the Overtown Advisory Board recommending
a name or...
58 April 27, 1995
Mayor Clark: All right. Let's wait for them to recommend a name.
Vice Mayor Plummer: Somebody should have told me that. All right.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-275
A RESOLUTION APPOINTING TWO INDIVIDUALS AS MEMBERS OF THE
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD TO FILL
UNEXPIRED VACANCIES EXPIRING MAY 5, 1996.
(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.
---------------------------------------------------------------------------------------------------------------
15. APPOINT T. WILLARD FAIR TO FILL UNEXPIRED VACANCY ON CIVIL
SERVICE BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next, Civil Service Board. How about T. Willard Fair?
Commissioner Dawkins: I second.
Mayor Clark: T. Willard Fair.
Vice Mayor Plummer: Fine.
Mr. Odio: For what board?
Mayor Clark: Call the roll, for the Civil Service.
A. Quinn Jones, III, Esq. (City Attorney): He's also on the Pension Board.
Mayor Clark: Call the roll.
Mr. Jones: Wait a minute.
59 April 27, 1995
>rJiS�'C
Vice Mayor Plummer: He'll re...
Mr. Jones: No, you can't...
Vice Mayor Plummer: He's going to resign.
Mr. Jones: Huh? He's going to resign?
Vice Mayor Plummer: He's going to resign the Pension Board.
Commissioner Dawkins: He'll resign, mm-hmm.
Mayor Clark: Call the roll.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 95-276
A RESOLUTION APPOINTING AN INDIVIDUAL TO FILL AN UNEXPIRED
VACANCY ON THE CIVIL SERVICE BOARD OF THE CITY OF MIAMI FOR A
TERM OF OFFICE EXPIRING JANUARY 11, 1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner 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. APPOINT ROSE CANSELA TO SERVE AS MEMBER OF THE CODE
ENFORCEMENT BOARD. (Pending still are two appointments to be made.)
Mayor Clark: Code Enforcement Board.
Vice Mayor Plummer: Mr. Mayor, my appointment will be Rose Consela.
Mayor Clark: You've got two appointments there...
Vice Mayor Plummer: No, I have one. Miller has two.
Mayor Clark: I'm sorry. Miller has two.
60 April 27, 1995
Commissioner Dawkins: Miller's got two?
Mayor Clark: Yeah.
Commissioner Dawkins: OK. I'll put that in writing with the others.
Mayor Clark: All right, sir. Fine.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-277
A RESOLUTION APPOINTING THREE INDIVIDUALS TO SERVE AS MEMBERS
OF THE CODE ENFORCEMENT BOARD FOR TERMS 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 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.
NOTE FOR THE RECORD: The Commission allowed the sale of
beer and wine as part o esolution 95-287, City of Miami Code
Section 38-49.1 authorizes the City Manager to permit the
dispensing of wine or beer in soft containers in any City park.
Therefore, said portion of the Commission's directive was omitted
from Resolution 95-287.
-- -------------------------------------------------------------------------------------------------------------
17. DISCUSS AND DEFER PROPOSED APPOINTMENT TO THE PLANNING
ADVISORY BOARD.
Mayor Clark: Item number 10.
Vice Mayor Plummer: What is this one?
Commissioner Gort: I don't have any appointment yet.
61 April 27, 1995
Vice Mayor Plummer: That's Gort.
Commissioner Gort: I don't have any appointment yet. Next meeting.
[ITEM DEFERRED]
----------------------------------------------------------------------------------------------------------------
18. DISCUSS AND DEFER PROPOSED APPOINTMENTS TO THE ZONING
BOARD.
Mayor Clark: All right. What about item number 11?
Vice Mayor Plummer: I'll go to the next meeting on mine.
Mayor Clark: All right.
Commissioner Gort: Same here.
Mayor Clark: Number 12.
[ITEM DEFERRED]
NOTE FOR THE RECORD: At this point, agenda item 12
appointing an in ivi ua as member of the Board of the General
Employees' and Sanitation Employees' Retirement Trust) was
deferred to 5:00 p.m. However, it was not taken up later, due to
power failure forcing continuance of meeting.
----------------------------------------------------------------------------------------------------------------
19. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF CINEQUIP MARK 200 EDU SYSTEM 3 UPGRADE FROM
CINEQUIP, INC. FOR POLICE DEPARTMENT -- ALLOCATE $8,000.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 16? Sixteen.
Vice Mayor Plummer: Now... Where are we? Sixteen, 16.
Mayor Clark: Boy, this is a real...
Vice Mayor Plummer: I moved it already.
Mayor Clark: This is a real hopscotch agenda.
Vice Mayor Plummer: That's what I said. It's confusing.
Mayor Clark: You moved 16?
62 April 27, 1995
Vice Mayor Plummer: I moved 16.
Mayor Clark: Can I get a second?
Commissioner Dawkins: Second.
Mayor Clark: Second. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-278
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 CINEQUIP MARK 200 EDU SYSTEM 3 UPGRADE FROM
CINEQUIP, INC., THE SOLE SOURCE PROVIDER FOR THIS EQUIPMENT, AT A
PROPOSED COST OF $8,000.00 FOR THE DEPARTMENT OF POLICE;
ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S
GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 290201-850;
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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
63 April 27, 1995
----------------------------------------------------------------------------------------------------------------
20. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF FIBER OPTIC CABLE AND LIGHTGATE/SMART PATH
SERVICES FROM SOUTHERN BELL FOR POLICE DEPARTMENT --
ALLOCATE $193,580.
Mayor Clark: Item 17.
Vice Mayor Plummer: What is this, Mr. Manager?
Commissioner Gort: Yeah.
Vice Mayor Plummer: I mean, it's a lot of money.
Lt. Joseph Longueira: Commissioner...
Mayor Clark: Fiber optics is expensive.
Vice Mayor Plummer: I understand, but what does it hope to accomplish?
Mr. Cesar Odio (City Manager): This is part of the E-911 system, Commissioner, and it comes
out of E-911 monies. This is to upgrade and to improve the reliability of the E-911 system.
Vice Mayor Plummer: But Southern Bell does, in fact, collect money for 911 as a tax.
Mr. Odio: Yeah, but we're switching from the network to a fiber optic system, which is the
thing to do, and we've been told that we have to upgrade...
Vice Mayor Plummer: May I ask a question? Is this mandatory? I mean, we're talking about
short dollars. I'm asking, is this absolutely mandatory that this has to be done?
Lt. Longueira: All right. Commissioner, what we're doing is, it's putting us on fiber optic
service at the main building, and at the fire college. At the fire college, it's particularly
important, because fiber optic can be run underground, and in a storm, it can get wet. All the
other services above ground, it's going to get blown away.
Vice Mayor Plummer: Storm, it goes down. I'll move it, Mr. Mayor.
Mayor Clark: Second. Call the roll.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, excuse me. With one modification.
Where it reads "light gate," it should read "light gate/smart path."
Mayor Clark: All right. Call the roll.
Vice Mayor Plummer: Accepted, for whatever it's worth.
64 April 27, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-279
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING THE CITY MANAGER'S FINDINGS OF SOLE SOURCE;
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVING THE ACQUISITION OF FIBER OPTIC CABLE AND
LIGHTGATE/SMART PATH SERVICES FROM SOUTHERN BELL, THE SOLE
SOURCE PROVIDER FOR SAID ACQUISITION, AT A PROPOSED TOTAL COST
OF $193,580.00, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS
THEREFOR FROM THE E911 OPERATING BUDGET, ACCOUNT CODE NO.
290460-510, PROJECT NO. 196002, IN THE AMOUNT OF $183,312.00, FOR THE
RECURRING MONTHLY CHARGES AND ACCOUNT CODE NO. 290460-340,
PROJECT NO. 196002, IN THE AMOUNT OF $10,268.00, FOR THE
NONRECURRING INSTALLATION CHARGE; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gott, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gott
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
65 April 27, 1995
----------------------------------------------------------------------------------------------------------------
21. (A) RESCIND REQUEST FOR PROPOSALS (RFP) FOR THE MEGA
YACHT MARINA ISSUED ON FEBRUARY 21, 1995 (R-95-81) --
AUTHORIZE ISSUANCE OF RFP ON MAY 1, 1995, FOR UNIFIED
DEVELOPMENT PROJECT (UDP), CONSISTING OF
DEVELOPMENT OF THE MEGA YACHT MARINA AND
RELATED USES ON APPROX. 29 ACRES OF CITY -OWNED
WATERFRONT PROPERTY AT WATSON ISLAND.
(B) DEFER SELECTION OF A CERTIFIED PUBLIC ACCOUNTING
FIRM -- APPOINT MATTHEW CICERO TO THE REVIEW
COMMITTEE -- DEFER REMAINING APPOINTMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 18.
Vice Mayor Plummer: I think we have the same problem with 18, 19, and 20, don't we?
Mayor Clark: We've got to handle them individually.
Mr. Cesar Odio (City Manager): It's the same problem.
Ms. Diane Johnson: Very similar.
Vice Mayor Plummer: I under... But is it the same problem?
Ms. Johnson: Yes, it is, essentially. What we... After the initial RFP (Request for Proposals)
was issued, certain factors came to light as a result of the prebid conference. One of the primary
problems being that the City had asked for a letter of credit or a bid bond in the full amount of
the proposed development cost. We were later advised that that was an undue expectation of the
City of Miami. We consulted with bond companies and other banking institutions, and it was
recommended that we modify that to require, instead, an irrevocable letter of credit in a figure of
one hundred thousand dollars to five hundred thousand dollars ($100,000 to $500,000),
depending on the project, As part of the submittal requirement. Of course, obviously, during the
negotiations and prior to a lease, additional credit, where the... evidence would be required.
Mayor Clark: Have you changed the proposals?
Ms. Johnson: We have changed the proposals to that effect. We've made some other minor
modifications at the direction of the Law Department, and at the direction of the Law
Department, it was requested that these constituted substantive changes, and as such, it would be
best if we rescinded the issuance and issued a new RFP in each case.
Mayor Clark: All right. Let's move on 18.
Vice Mayor Plummer: Mr. Manager... Mr. Mayor, let me express on the record what's been
said to me. There is a reluctance right now - and you better understand this, because it hits
home - on people to bid on these projects, and the reluctance that is being expressed to me is
simply because that there is a provision which is now State law, that if these things are going to
be taxed, they're going to have to pay ad valorem taxation. OK? Now, they can't, in any way,
start to begin to figure into their bid the amount of money that will be returned to them, to the
City, or to anyone without knowing approximately what that ad valorem taxation might cost
66 April 27, 1995
them. For example, it has been estimated by one, whether it's right or wrong, that the marina in
Virginia Key could be ad valorem taxes on a yearly basis of near seven hundred thousand dollars
($700,000).
Unidentified Speaker: That sounds high.
Vice Mayor Plummer: Hey, maybe it's high, but one bidder who called me and said to me, how
can you bid on that, when first, you don't know exactly how much it is, or even estimate it? And
number two, there is no way that anybody can bid to make a profit and give back to the City a
return. You've got to develop...
Mayor Clark: J.L., J.L., wait a minute.
Vice Mayor Plummer: Yeah.
Mayor Clark: Did the legislature pass this?
Vice Mayor Plummer: Yes, sir. The test case, Mr. Mayor, was a test case in Orlando, and what
it basically says, that any government land that is leased out to a profit -making organization shall
be taxed ad valorem.
Mr. Odio: Commissioner, may I... Maybe I can clarify this.
Vice Mayor Plummer: OK. Well, I'm just saying you better... When you talk about putting out
a new RFP, you better address that problem. OK?
Mayor Clark: All right, Mr. Manager.
Vice Mayor Plummer: Because it is, and you're not going to get any bidders, predicated on
knowing that these factors are an unknown factor.
Mr. Odio: Well, I think maybe we can clarify. Jack, explain to them what you explained to me,
and maybe this would clarify.
Mr. Luft: We have an appraiser that comes up with a base estimate of market value of the land,
and our Charter requires that. So that number is in the appraisals which all proposers can see.
It's up to the proposer to determine, according to his proposal, how much money he's going to
spend on improvements. We have no way of knowing the full cost of what he wants to build,
because that's a variable that he's in control of. But that cost, presumably, becomes translated
into an assessment. It is possible to calculate in rough terms, based on our assumed land value,
and his assumed cost of improvements, a property tax. Our appraiser has already done that.
They know that that marina is going to cost roughly ten million dollars ($10,000,000), and on
our rate of return for these proposals, our minimum based guaranteed rent, there is built in on all
of these projects an assumption that property taxes will be paid. So...
Vice Mayor Plummer: Jack, that's not the problem.
Mr. Luft: Well...
Vice Mayor Plummer: The problem existing is, first of all, you do not have the appraisals in the
RFP.
Mr. Luft: The appraisals are, as said in the RFP, are available at the City for review.
67 April 27, 1995
Vice Mayor Plummer: But are you specify... Look...
Mr. Luft: And we specify what the appraised value is in the RFP.
Vice Mayor Plummer: OK. All right.
Mr. Luft: That's a number in there.
Vice Mayor Plummer: All I'm saying to you...
Mr. Luft: Yes.
Vice Mayor Plummer: ... is I want it made clear to proposers...
Mr. Luft: Right.
Vice Mayor Plummer: ... to the people who might be watching this on television or thinking
about it that, hey, you got "X" number of ad valorem dollars that you are definitely going to be
hit with, and you better figure that in.
Mr. Luft: Mm-hmm.
Vice Mayor Plummer: I talked to, Mr. Mayor, our friend from the Parrot Jungle, and he said to
me, "How do I know how to bid, if I don't know how much I'm going to get hit with in taxes?"
Mr. Luft: That's where the land appraisal is crucial. We must determine beforehand what kind
of improvements are going to be made, and what kind of income stream the project can generate.
Vice Mayor Plummer: OK.
Mr. Luft: That income evaluation determines the value of the land, which then becomes the
basis for taxes.
Vice Mayor Plummer: Then I think, Jack, my personal opinion, and I can't speak for others, you
should put into that RFP the known factor.
Mr. Luft: Yes.
Vice Mayor Plummer: The known factor is the appraisal for that is "X," and as such, based on
today's property ad valorem taxation, you will be a minimum of this amount of taxation, plus
taxes on any improvements that you make. Then you're playing fair. Other than... You don't
do that, I don't know how anybody can bid, and that's why I think there's been a...
Mr. Luft: It is in the document, sir. What we can't control is the rate of taxation, because the
County can pass a bond, the School Board...
Vice Mayor Plummer: Do you have in there...
Mr. Luft: That can go up.
Vice Mayor Plummer: ... the assessment is "X," and predicated on that...
Mr. Luft: Absolutely.
68 April 27, 1995
Vice Mayor Plummer: ... ad valorem taxation will be "X"7
Mr. Luft: Absolutely. The taxation on the millage rate we control will be this.
Vice Mayor Plummer: No, no, no.
Mr. Luft: And what other millage rates are in there, I can't control.
Vice Mayor Plummer: No, no. What will their total... You see, you're playing games with
"what we control." We know right now that based on the normal assessment and the millage
applied...
Mr. Luft: Right.
Vice Mayor Plummer: ... of today - today, not next year...
Mr. Luft: Yes.
Vice Mayor Plummer: ... that the ad valorem taxes by all three agencies...
Mr. Luft: OK.
Vice Mayor Plummer: ... having the right to tax, at a maximum of ten mills will be ' X."
Mr. Luft: We will put that in, sir.
Vice Mayor Plummer: I think you should.
Mr. Luft: We will do that.
Vice Mayor Plummer: You have to.
Commissioner Gort: You have to.
Mayor Clark: All right.
Vice Mayor Plummer: Plus whatever improvements you make will be subject to the same.
Mayor Clark: All right. Now, now that we've muddied the water a little, let's go back to 18.
Vice Mayor Plummer: No, sir, I'm trying to clear the water.
Mayor Clark: I know you did. Item 18, is there a motion on 18 to rescind the request.
Vice Mayor Plummer: Move it as it is amended by virtue of the wording.
Commissioner Gort: Second.
Vice Mayor Plummer: And Mr. Mayor, I want to make it clear. My problem with this particular
item is a five -story building. I have no problem with putting a hotel over there, but I have a
problem with a five -story building, more so because I think the day in this community... that
casino gambling is going to pass, and it's going to be a minimum of a thousand -room hotel that
could spring up, not a five.
69 April 27, 1995
Mr. Odio: Well, let's put it up now.
Vice Mayor Plummer: No. I'm not doing that.
Mr. Odio: Don't limit this to... Commissioner, I'm asking that, let's not limit it up front. Let's
see what we get, because you may get very good developers...
Vice Mayor Plummer: I'm moving the motion. OK?
Ms. Linda Kearson (Assistant City Attorney): Right.
Mr. Odio: OK.
Mayor Clark: Is there a second?
Vice Mayor Plummer: I got a problem with it, though. I'm putting that on the record.
Commissioner Gort: Second the motion.
Mayor Clark: If there's no exception...
Ms. Kearson: Mr. Mayor, Mr. Mayor, if I might. If we can go back a second to the inclusion of
tax, Commissioner, in the RFP. Let's make sure that we clearly state that as of this date, taxes
are, period.
Vice Mayor Plummer: I said that.
Ms. Johnson: Right.
Mr. Odio: OK.
Ms. Kearson: I don't want them to rely upon that number, it's in the proposals, and they are
increased, that we are held responsible for that.
Ms. Johnson: Correct.
Mayor Clark: As of this date.
Ms. Kearson: Let's make it perfectly clear.
Vice Mayor Plummer: Absolutely.
Ms. Johnson: As of issuance.
Ms. Kearson: As of... Exactly.
Commissioner Gort: Good point.
Vice Mayor Plummer: Absolutely. I said as of today, as we know it. That's what I said.
Ms. Johnson: As of issuance.
_ Mayor -Clark: All right. Cast a unanimous ballof.
70 : April 27, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-280
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Item 19, same thing.
Vice Mayor Plummer: Move it.
Commissioner De Yurre: Mr. Mayor, do we have to appoint members to the committee?
Mayor Clark: No.
Ms. Diane Johnson: Yes, that is included in the package.
Commissioner De Yurre: Yes.
Vice Mayor Plummer: Today?
Ms. Johnson: Yes.
Mayor Clark: What committee?
71 April 27, 1995
Ms. Johnson: These are the review committees.
Mayor Clark: Who was the review committee before?
Commissioner De Yurre: A certified... Selecting a certified public accounting firm, and
appointing members to a review committee to evaluate proposals and report their findings.
Mayor Clark: How many members are there total?
Vice Mayor Plummer: Can we put that off until the next meeting?
Ms. Johnson: We have...
Mr. Odio: The selection committee...
Vice Mayor Plummer: And the auditing firm, we can put off until the next meeting.
Mr.Odio: Yes.
Vice Mayor Plummer: I would appreciate that.
Commissioner De Yurre: I just... Just for the record, I'm naming Matthew Cicero, so that takes
care of mine.
Vice Mayor Plummer: Did I understand correctly that any member that we appointed is going to
be subject to 40 to 60 hours in review?
Ms. Johnson: That may be somewhat excessive. We do anticipate that there will be an
introductory meeting, which could be a half a day. There could be a second meeting with the
CPA firm...
Commissioner Gort: Yeah. You do it on your own. You do the meeting on your own.
Vice Mayor Plummer: OK.
Ms. Johnson: ... and there will be, you know, at least two or three days in review.
Vice Mayor Plummer: OK.
Mayor Clark: All right. The nominations, if you don't want to reappoint the person you
appointed before, will be held at the next meeting.
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Yeah.
Mayor Clark: OK.
Vice Mayor Plummer: And the CPA firms.
72 April 27, 1995
----------------------------------------------------------------------------------------------------------------
22. (A) RESCIND REQUEST FOR PROPOSALS (RFP) FOR THE MIAMI
MARINE STADIUM ISSUED ON FEBRUARY 28, 1995 (R-95-82) --
AUTHORIZE ISSUANCE OF RFP ON MAY 3, 1995, FOR UNIFIED
DEVELOPMENT PROJECT (UDP), CONSISTING OF
DEVELOPMENT OF THE MIAMI MARINE STADIUM AND
ANCILLARY MARINE RELATED RECREATIONAL / RETAIL
FACILITIES ON APPROX. 18 ACRES OF CITY -OWNED
WATERFRONT PROPERTY AT 3601 RICKENBACKER
CAUSEWAY, VIRGINIA KEY.
(B) DEFER SELECTION OF CERTIFIED PUBLIC ACCOUNTING FIRM
AND REVIEW COMMITTEE.
Mayor Clark: Yeah. Call item 19. Motion on 19.
Vice Mayor Plummer: I moved it.
Commissioner Gort: Second.
Mayor Clark: Second. Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-281
A RESOLUTION WITH ATTACHMENT, RESCINDING THE REQUEST FOR
PROPOSALS ("RFP") FOR THE MIAMI MARINE STADIUM, ISSUED ON
FEBRUARY 28, 1995, PURSUANT TO RESOLUTION NO. 95-82, ADOPTED
FEBRUARY 9, 1995; AUTHORIZING THE ISSUANCE OF AN RFP ON MAY 3,
1995, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED
DEVELOPMENT PROJECT ("UDP") CONSISTING OF THE DEVELOPMENT OF
THE MIAMI MARINE STADIUM AND ANCILLARY MARINE RELATED
RECREATIONAL AND RETAIL FACILITIES ON APPROXIMATELY 18 ACRES
OF CITY -OWNED WATERFRONT PROPERTY LOCATED AT 3601
RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI, FLORIDA, AS
REQUIRED BY CITY CHARTER, SECTION 29A(c) AND CODE SECTION 18-52.9.
73 May 1, 1995
(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.
-------------------------------------------------- --------- --------------- ------------------------------- -------
23. (A) RESCIND REQUEST FOR PROPOSALS (RFP) FOR THE VIRGINIA
KEY CAMPGROUND ISSUED ON MARCH 7, 1995 (R-95-83) --
AUTHORIZE ISSUANCE OF AN RFP ON MAY 5, 1995, FOR A
UNIFIED DEVELOPMENT PROJECT (UDP) CONSISTING OF
DEVELOPMENT OF THE VIRGINIA KEY CAMPGROUND AND
ANCILLARY RECREATIONAL FACILITIES ON APPROX. 155
ACRES OF CITY -OWNED WATERFRONT PROPERTY AT
VIRGINIA KEY BEACH. (See label 25)
(B) DEFER SELECTION OF CERTIFIED PUBLIC ACCOUNTING FIRM
AND REVIEW COMMITTEE.
Mayor Clark: Item 20.
Vice Mayor Plummer: I move it.
Mayor Clark: Same, with the same caveats, right?
Commissioner Gort: Second.
Vice Mayor Plummer: I moved it.
Mayor Clark: Second. Cast a unanimous ballot.
.74 April 27, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-282
A RESOLUTION, WITH ATTACHMENT, RESCINDING THE REQUEST FOR
PROPOSALS ("RFP") FOR THE VIRGINIA KEY CAMPGROUND ISSUED ON
MARCH 7, 1995, PURSUANT TO RESOLUTION NO. 95-83, ADOPTED
FEBRUARY 9, 1995; AUTHORIZING THE ISSUANCE OF AN RFP ON MAY 5,
1995, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED
DEVELOPMENT PROJECT ("UDP") CONSISTING OF THE DEVELOPMENT OF
THE VIRGINIA KEY CAMPGROUND AND ANCILLARY RECREATIONAL
FACILITIES ON APPROXIMATELY 155 ACRES OF CITY -OWNED
WATERFRONT PROPERTY LOCATED AT VIRGINIA KEY BEACH, MIAMI,
FLORIDA, AS REQUIRED BY CITY CHARTER, SECTION 29A(C) AND CODE
SECTION 18-52.9.
(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: Item number...
Vice Mayor Plummer: Wait, wait. Mr. Mayor, excuse me. Where is the RFP for what we call
the Tropical Garden?
Ms. Diane Johnson: That will be coming to you.
Mr. Jack Luft: We anticipate bringing that in June. We're trying...
Vice Mayor Plummer: So in other words...
Mr. Luft: We're trying to get a definitive boundary, a legal description defined that will work,
and an appraisal that will be fair.
Vice Mayor Plummer: OK.
Mr. Luft: And when we get the appraisal and the boundary, we'll come back to you.
Vice Mayor Plummer: You know what you're doing, huh?
Ms. Johnson: Yes, we do.
75 April 27, 1995
Vice Mayor Plummer: Because what you're, in effect, doing, is that this will not be acted on,
because it will not make the November ballot. There's no way it can.
Mr. Luft: We're working with...
Vice Mayor Plummer: It's got to be going to... It's got to go to a ballot.
Mr. Luft: I have told Mr. Levine what we needed in January. We're still waiting.
Mayor Clark: All right.
Vice Mayor Plummer: OK.
----------------------------------------------------------------------------------------------------------------
24. (Continued discussion) RESCIND PRIOR VOTE ON AGENDA ITEM 1
(FIRST READING ORDINANCE) --MODIFY TO EMERGENCY
ORDINANCE TO AMEND CODE, BY ADDING NEW CHAPTER:
SOUTHEAST OVERTOWN / PARK WEST REDEVELOPMENT DISTRICT
AND COMMUNITY REDEVELOPMENT AGENCY -- INCLUDE SECTIONS:
(a) DEFINITIONS; (b) BOUNDARIES DESIGNATED; (c) DISPOSAL OF
PROPERTY IN COMMUNITY REDEVELOPMENT DISTRICT; (d)
PROPERTY EXEMPT FROM TAXES AND FROM LEVY AND SALE BY
VIRTUE OF AN EXECUTION; (e) SOUTHEAST OVERTOWN / PARK WEST
COMMUNITY REDEVELOPMENT AGENCY CREATED; (f) GOVERNING
BODY AS THE BOARD OF DIRECTORS OF THE COMMUNITY
REDEVELOPMENT AGENCY; (g) MEETINGS, RULES AND
REGULATIONS; (h) POWERS AND DUTIES; (i) EMPLOYEES
GENERALLY; 0) ANNUAL BUDGET; (k) SOURCE OF FUNDS; (1)
AGENCY SOLELY LIABLE FOR OBLIGATION; AND (m) ANNUAL
REPORT AND AUDIT. (See label 4)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Let's go back to the CRA (Community Redevelopment Agency). We had a
motion this morning. We got two written accounts so we can have an emergency ordinance, and
the Manager suggests that we get this thing moving today.
Mr. Cesar Odio (City Manager): I'd appreciate, on item 1, on the Community Redevelopment
Agency in Overtown, if we could pass it as an emergency ordinance, so we can proceed to make
a lot of changes we have to make in staff both here...
Mayor Clark: Madam Clerk, we've had one vote on this. Do you vote again and classify it as an
emergency?
Vice Mayor Plummer: Can you do that? It wasn't advertised.
Commissioner Dawkins: If we... The emergency, Mr. Mayor, is, as the Manager said...
Vice Mayor Plummer: It wasn't advertised.
Commissioner Dawkins: ... we will be in recess in August, and we need to get as much of this
done as we can before we go anywhere.
76 April 27, 1995
Mayor Clark: Go, right now.
Mr. Odio: He wants to reread the ordinance.
Commissioner Dawkins: OK.
A. Quinn Jones, III, Esq. (City Attorney): It's not that I want to. I have to.
Commissioner Dawkins: Second... I mean I move it.
Mayor Clark: I'll second. Call the roll.
Vice Mayor Plummer: Yeah. Why not?
Mr. Jones: You need to rescind the first one.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW CHAPTER
ENTITLED: "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT
DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY" INCLUDING
THEREIN SECTIONS ENTITLED: "DEFINITIONS," "BOUNDARIES
DESIGNATED," "DISPOSAL OF PROPERTY IN COMMUNITY
REDEVELOPMENT DISTRICT," "PROPERTY EXEMPT FROM TAXES AND
FROM LEVY AND SALE BY VIRTURE OF AN EXECUTION," "SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
CREATED," "GOVERNING BODY AS THE BOARD OF DIRECTORS OF THE
COMMUNITY REDEVELOPMENT AGENCY," "MEETINGS, RULES AND
REGULATIONS," "POWERS AND DUTIES," "EMPLOYEES GENERALLY,"
"ANNUAL BUDGET;" "SOURCE OF FUNDS," "AGENCY SOLELY LIABLE
FOR OBLIGATION," AND "ANNUAL REPORT AND AUDIT;" CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE
CODE.
was introduced by Commissioner Dawkins and seconded by Vice Mayor Plummer, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
--77- April 27, 1995
Whereupon the Commission on motion of Commissioner Dawkins and seconded by Vice
Mayor Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11248.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mr. Jones: And Mr. Mayor, would you please do a... We have to do an ordinance... a resolution
rescinding the ordinance... Is that right, Madam Clerk?
Ms. Matty Hirai (City Clerk): Just a motion rescinding the prior vote.
Mr. Jones: A motion to rescind the previous ordinance that you read.
Commissioner Dawkins: So move.
Vice Mayor Plummer: Second.
Mayor Clark: Second. Cast a unanimous ballot.
78 April 27, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-283
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor 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.
Mr. Odio: And I don't know, Commissioner Dawkins. I have a question that we forgot the part
of the attorneys. We have a budget, but who would be the attorneys dealing with the CRA? Is
the City Attorney supposed to give you that, or how are we going to do that?
Commissioner Dawkins: I think... I don't... That's something that I think the CRA Board
would have to sit down and come up with how the CRA Board wants it done.
Mr. Odio: OK.
Vice Mayor Plummer: Well, by virtue of saving money, I would assume they've done it in the
past, they would do it in the future.
Mayor Clark: Mabel, would you take the microphone, please.
Commissioner Dawkins: Do we have to do a second reading, a second one, number two, Mr.
Mayor?
Mr. Jones: It's an emergency. You had two roll calls.
79 April 27, 1995
Vice Mayor Plummer: You already done it.
Commissioner Dawkins: OK. The second one...
Mr. Jones: Yeah. You had two roll calls on the second one, on the emergency ordinance.
Commissioner Dawkins: OK. And the first one.
Mr. Jones: It's taken care of, Commissioner.
----------------------------------------------------------------------------------------------------------------
25. (Continued Discussion) FURTHER COMMENTS REGARDING VIRGINIA
KEY CAMPGROUND RFP -- ECOLOGICALLY SENSITIVE AREA
(Hammocks Lagoon) -- BID MAY BE SPLIT BETWEEN RECREATIONAL
VEHICLE PORTION AND WATER PARK PORTION. (See label 23)
Mayor Clark: Mabel, was it you that was quoted in the Key Biscayne Newspaper that said that
Steve Clark goes to Jimbo's to guzzle beer?
Ms. Mabel Miller: Absolutely not.
Mr. Cesar Odio (City Manager): Well, I go there.
Mayor Clark: Well, I just wanted to let you know and everybody...
Ms. Miller: But do you? I haven't seen you there. I go there a lot.
Mayor Clark: ... every person know that I don't, and never do drink beer.
Mr. Odio: Well, I go rowing there, and I do drink beer.
Vice Mayor Plummer: Well, I drink beer, but the only reason I go there is to get the smoked
fish.
Ms. Miller: Right.
Mayor Clark: Thank you, Mabel. You here on something else?
Ms. Miller: Yes, item 20, Virginia Key Campground.
Mayor Clark: Item 20 has been withdrawn.
Vice Mayor Plummer: No, no.
Mayor Clark: Rescinded.
Vice Mayor Plummer: No.
Ms. Miller: I wanted to make a point about your RFP (Request for Proposals).
80 April 27, 1995
1i
Vice Mayor Plummer: We just approved it.
Mayor Clark: All right.
Ms. Miller: May I?
Mayor Clark: Oh, sure.
Ms. Miller: Yes. You are... Referring to that area, the Manatee Lagoon. You are promising
developers the possibility of putting up a floating marina or dock.
Mayor Clark: In the lagoon?
Ms. Miller: Yes. Now, I understand your Planning people are to have a biological survey made
of various areas. We are asking, Friends of Virginia Key are asking that you be sure they have a
biological survey made of that lagoon. They're not only endangering manatees, but the
likelihood that there are two other species that are... might preclude their putting those docks in
there.
Mayor Clark: They shouldn't put anything in that lagoon.
Ms. Miller: Right.
Mayor Clark: That's the most beautiful lagoon.
Vice Mayor Plummer: Well, they're already there. The shrimpers are all there.
Mayor Clark: Well, that's...
Ms. Miller: Well, any, additional things, you see.
Mayor Clark: Yeah.
Vice Mayor Plummer: All of them are there.
Ms. Miller: Yeah. Now, in addition, you have a series of hammock areas which were impacted
by Andrew. Some areas in those hammock sites have been cleared. Your Planning people then
anticipate to put camp sites there. We ask that the hammock areas be restored. You have some
funds for that, and this can be a community project; that there be no camping within the... either
what they call high quality hammocks, or the other types, because these can all be restored.
Mayor Clark: All right.
Ms. Miller: And we ask that you see to that, too.
Mayor Clark: Thank you, ma'am.
Vice Mayor Plummer: Mr. Mayor, if I may, on item 20, I want to go back and make sure of one
thing; that this was a separation in this RFP where a person could bid on the RV (recreational
vehicle) park alone, or could, in fact, bid on the rest of the property that's contained in the RFP.
Now, I want to make sure of that, because, let me tell you something. You know, staff went out
beyond what I ever brought into this Commission, and the only thing ever to be was an RFP, RV
park, and staff was the one who opened it up into the areas other than that. Now, we had an
understanding, Jack.
81 April 27, 1995
Mr. Jack Luft: Yes, sir.
Vice Mayor Plummer: And I want to make damn sure that you can vote on the RV Park and the
water park both, or individually.
Mr. Luft: You can exclude the water park and not bid on that, or you can include it, if you wish.
It's an option.
Vice Mayor Plummer: So it's definitely and clearly understood...
Mr. Luft: Yes, the water park...
Vice Mayor Plummer: ... that it is an "A" and a "B."
Mr. Luft: Yes, it is.
Vice Mayor Plummer: You can do "A" without "B" or "B" without "A."
Mr. Luft: That's right.
Vice Mayor Plummer: Or do both.
Mr. Luft: That's right.
Vice Mayor Plummer: Now, I want to make sure, now.
Mayor Clark: You go it. He said yes.
Vice Mayor Plummer: OK.
Mayor Clark: Item 21. Is Mr. Penelas present? No.
Vice Mayor Plummer: That was withdrawn.
Mayor Clark: What about this, Cesar, or Alex's appearance?
Mr. Odio: Yes, sir, that's correct.
Mayor Clark: About the...
Mr. Odio: Yes, sir, he's... Yes, he's coming.
Mayor Clark: ... the interlocal agreement.
Mr. Odio: That's coming back. He asked me to withdraw it, and...
Mayor Clark: Come back the 11th.
Vice Mayor Plummer: They had some legal problems, I think.
82 April 27, 1995
V)
26. PERSONAL APPEARANCE: MR. TOM CHEESBOROUGH CONCERNING
ROLLER BLADE HOCKEY IN COCONUT GROVE EXHIBITION CENTER.
Mayor Clark: All right. Item 22.
Mr. Cesar Odio (City Manager): Let me... I don't want to take their...
Mayor Clark: This looks like Plummer's agenda today, anyway.
Mr. Odio: Let me inform you on this one, Commissioner, if they let me for a minute. This is
roller blade hockey.
Mayor Clark: Yeah.
Mr. Odio: Here is Mr. Secessionist himself here. No, seriously, we have obtained the key to the
Naval Reserve Center, and we have agreed that that would be the logical site that we can asphalt,
and have the roller blade there, for now.
Vice Mayor Plummer: Excuse me, Mr. Manager. They are already playing over there. They've
gone over there, they've got railings up.
Mr. Odio: Right, but what I mean is, we need to improve the property.
Vice Mayor Plummer: I saw them there yesterday.
Mr. Odio: We've going to improve the property so that they can...
Mayor Clark: All right. Let's move forward. Item 23. Item 23.
Vice Mayor Plummer: Where's Klausner?
Mayor Clark: Robert Klausner present?
Vice Mayor Plummer: Al is here. Al?
Mr. Ronald Cohen: I'm Ronald Cohen, of Klausner and Cohen.
Vice Mayor Plummer: OK.
Commissioner De Yurre: Here's here on 22, Mr. Mayor.
Mayor Clark: He's on 22?
Commissioner De Yurre: Yeah.
Mayor Clark: What do you say on 22, J.L.?
Vice Mayor Plummer: Well, Tom, he took care of it.
83 April 27, 1995
Mr. Tom Cheesborough: Commissioner, yesterday, according to what you told me... Let me
state my name. My name is Thomas Cheesborough I live at 3422 Franklin Avenue, Stirrup
Grove, in Coconut Grove. I've wanted to... According to the request that we made through Vice
Mayor Plummer's Office, myself and Jack McCutchen were to address the Commission
regarding the roller blade hockey in the Coconut Grove Exhibition Center. I met with my group,
and Mr. David Gelber (sic), who is president of the Coconut Grove Crime Prevention Council in
January, and the fact was brought up that the Convention Center had been closed to the roller
blade hockey group that was sponsored by Officer Tom Braga. And so we are questioning why
it was closed. We are, number two, questioning where it will be moved to.
Mr. Odio: I just said it.
Mr. Cheesborough: And the Vice Mayor advised me that he thought it had been moved to the
Naval Center. OK. When is this going to be returned and put back into service? That would be
a question.
Vice Mayor Plummer: It's already been done.
Mr. Odio: It's already back. I thought we were... I was told they played there last night.
Vice Mayor Plummer: Afternoon, afternoon.
Mr. Odio: The one place they will not come back, sir, under my recommendation, is to the
Coconut Grove Exhibition Center. That will never come back there.
Mr. Cheesborough: OK.
Mr. Odio: Is that your question?
Mr. Cheesborough: City Manager, why was it taken away from the Coconut Grove...
Mr. Odio: Because they were destroying the building.
Vice Mayor Plummer: And liability.
Mr. Odio: And the liability involved with it. Besides that, the cost involved with it of turning
off those huge air conditioning systems so that they could play there, and besides that, we have
many, many week... This place is rented every week. So it wasn't feasible to play there. That
place was not meant for roller blade hockey games, and we just did it as a favor to our NRO
(Neighborhood Resource Officer) Officer, Tom Braga, to bring the kids off the streets. We
have... We support the program, but they should play over her.
Mr. Cheesborough: All right. Would you recognize Mr. David Gelber (sic)?
Mr. Odio: I just...
Mr. David Gell: Thank you. My name is David Gell. I'm president of the Coconut Grove
Crime Prevention Council. I'm also on the Village Council. And really, what Tom is doing,
Tom Braga is doing with roller hockey, we all know is great. Very quickly, I think the issue, the
most important issue, the conflict of dates does not allow for the roller hockey to be there every
single day when they need to be. The Naval Reserve Center is acceptable.
Mayor Clark: Cesar?
84 April 27, 1995
Mr. Gell: However, the purp...
Mayor Clark: Tell them to be quiet back there.
Mr. Gell: We do need to see a resurfacing so that the children don't get hurt and so that there
can be a rink there where the league can play their league games. I think this is a good
compromise. Mr. Cheesborough and Mr. McCutchen have been very interested in supporting
Tom, and I think that's why they're here today. There are a lot of issues that came up, for a
simple little program, but I think we are solving those issues, and I thank you very much.
Vice Mayor Plummer: So be it.
Mayor Clark: All right. Thank you, sir.
Mr. Gell: All right. Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
27. APPROVE PAYMENT OF ATTORNEY FEES TO ROBERT KLAUSNER,
ESQ. -- FOR REPRESENTING OFFICER FRANCISCO TORRES -- VICE
MAYOR PLUMMER REITERATES THAT PRIOR APPROVAL BY THE
COMMISSION MUST BE OBTAINED PRIOR TO HIRING OF OUTSIDE
COUNSEL.
Mayor Clark: Item number 23.
Vice Mayor Plummer: I have a simple question. Was this done before the implementation of
approval by this board? Has the City Attorney gone through this bill, and is it justified, and what
is your recommendation, Mr. City Attorney?
A. Quinn Jones, III, Esq. (City Attorney): Well, let me just say this. I know no more than just a
letter that I received, copy of a letter that I received from the Mayor back in November. I only
note that the services rendered were some almost...
Vice Mayor Plummer: I'll move that this matter be...
Mr. Jones: ... over four years old, four years ago. So it's up to you whether you want me...
Vice Mayor Plummer: I'll move that this matter be deferred to the City Attorney so he can come
back to this Commission and make a recommendation.
Commissioner Dawkins: Second.
Mayor Clark: Al, you want to say something?
Mr. Al Cotera: Yes. Al Cotera, president, Fraternal Order of Police. To answer your question,
Commissioner Plummer, yes, this is prior to your implementation. As a matter of fact, you will
shortly be receiving a letter on the newest cases, so that... for your information and the Mayor's
information. It's my understanding that the City Attorney has reviewed the bill. There's
approximately...
85 April 27, 1995
Mr. Jones: No, what... Al, I don't mean to cut you off. You know, this... I received a copy of
this bill, and that was it. OK? This case happened four years ago. Now, if the Commission
wants to pay it consistent with the others they've paid, fine. I just find it a little bit ironic that
you would submit a bill that's four years old now, since the Commission is in the mode of
paying bills.
Mr.. Cotera: No, sir. Excuse me. I hate to cut you off, but it's not that I submit a four year old
bill.
Mr. Jones: Sixty-three thousand dollars ($63,000).
Mr. Cotera: It's that under the criteria which we agreed to, Quinn, the person has to come back
to full duty, has to be back to full duty, there's no administrative charges pending against them,
there's no criminal charges pending against them, and as you well know, in some of these cases,
it does take four years, or five, or whatever. And we wanted to make sure that we did not bring
something before this Commission before it had cleared all the hurdles, and that, that officer is
black to full duty.
Mr. Jones: Well, the last time that Mr. Klausner was before here, and I made it perfectly clear
when I met with you, when we came up with the new criteria, I was assured at that time that
there were... I think there were two, two cases that were remaining that you were going to seek
reimbursement for. The Commission dealt with those back in November or December. And
when I got this, like I said, I was very much surprised that the bill was four years old. Here it is,
you know, coming up out of the blue. But it's this Commission's prerogative to pay it if they
want to pay it.
Mayor Clark: How much is the bill?
Vice Mayor Plummer: The question, Mr. Mayor, that I'm only asking is that it's only logical to
let the City Attorney review, to make sure that the charges are in line.
Mayor Clark: OK.
Vice Mayor Plummer: We'll bring it back here on the 11th day of May.
Mr. Jones: I don't have any problems with the charges, Commissioner. I don't have any
problems with the charges. I just wanted to bring to your attention what was brought to my
attention, that there were no more that they were seeking reimbursement for. But I have no
problems with the... with the amount of the bill. The time seems reasonable, and if you want to
approve it, you can approve it.
Mr. Cotera: I think that answers your question, Commissioner Plummer.
Vice Mayor Plummer: If you're saying to me that you recommend that this is in line and to be
prepared to pay...
Mr. Jones: Commissioner, what I recommend to you is what I've recommended to you before.
It's your prerogative to pay the bill. That's all I'm required to recommend to you. It's a
reasonable bill.
Vice Mayor Plummer: I move... No, no, no. I withdraw my motion. I move to approve the bill.
Let's get it over.
86 April 27, 1995
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll.
Vice Mayor Plummer: And I want, on the record, Mr. Mayor, that it be understood, once again,
before any City employee goes out and hires private counsel that they must get the approval of
this Commission first.
Mayor Clark: You've said that before. That's the law.
Vice Mayor Plummer: If they do not, under no circumstances will we foot the bill. That's not
only police, any City employee that goes out under the new policy and gets a lawyer better come
here first, because if we don't approve it, it's your tab.
Mayor Clark: Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-284
A RESOLUTION, AUTHORIZING THE DIRECTOR OF THE FINANCE
DEPARTMENT TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF
THE LAW FIRM OF KLAUSNER AND COHEN, P.A., IN THE AMOUNT OF
$64,600.00 FOR ATTORNEYS' FEES AND COSTS INCURRED BY THE
FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, FOR THE
REPRESENTATION OF FRANCISCO TORRES, POLICE OFFICER, IN THE CASE
OF STATE OF FLORIDA VS. FRANCISCO TORRES, DADE COUNTY CIRCUIT
COURT CASE NO.: 91-120313; ALLOCATING FUNDS THEREFOR, IN THE
AMOUNT OF $64,600.00, FROM THE CITY OF MIAMI'S SELF-INSURANCE AND
INSURANCE TRUST FUND.
(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.
87 April 27, 1995
Commissioner Dawkins: I want to know if this Commission...
Mr. Cotera: Thank you.
Commissioner Dawkins: ... is going to accept any other bills that are five and six years old,
where people are... that their legal bills are in limbo, are they at liberty to come here and get
them paid, also?
Vice Mayor Plummer: If it's legitimate, why not?
Commissioner Dawkins: OK, no problem. No problem.
Mayor Clark: All right, let's go.
----------------------------------------------------------------------------------------------------------------
28. GRANT REQUEST BY REPRESENTATIVES OF CALLE OCHO
CELEBRITY WALK OF FAME FOR USE OF SIDEWALKS ON 8TH STREET
(BETWEEN S.W. 12 AND 37 AVENUES) TO ENGRAVE STARS
HONORING CELEBRITIES, WITH PROVISOS.
Mayor Clark: OK. Guido Rodriguez. Guido Rodriguez?
Mr. Guido Rodriguez: We're here.
Mayor Clark: Yes, sir.
Mr. Rodriguez: Mayor, Commissioners, my name is Guido Rodriguez from Century Production.
I live at 6494 Coral Way. This is my associate, Alex Franco.
Mayor Clark: Yes.
Mr. Alex Franco: I reside at 2352 Southwest 3rd Street. I'm a resident of Little Havana. Mr.
Rodriguez and I come here today to request permission from the City Commission to be able to
reestablish the Stars of Calle Ocho. Our intention is to reestablish this project with no funds
from the City. In fact, we do not intend to ask for any public monies from any level of
government. We wish to establish stars honoring entertainment celebrities from 12th Avenue to
37th Avenue. We will rename the project, "Stars of Calle Ocho," as opposed to "Latin Stars,"
because we wish to include everyone, including African -American entertainers, which have been
excluded in the past. We want to emphasize entertainers who have residences here in South
Florida, and we have met with various people in the City government in the City Attorney's
Office, the Department of Risk Management, and in Public Works regarding this project and
their concerns. We understand that this project was given to another group many years ago, and
that they violated your trust. There are three primary concerns that have been expressed by the
members of the City government. I'd like to address them very quickly. Number one, we
commit to the City government to present the name of the celebrity that we choose to honor. By
the way, the celebrities will be selected by a selection committee that consists of civic and
community leaders, and people in the entertainment industry. We commit to present the name to
the City government at least 90 days before the presentation date to allow a final veto power, or
have the City determine whether the designated celebrity is acceptable. Number two, we plan to
provide complete indemnification for the City. We have met with members of the Risk
88 April 27, 1995
Management Department, and we will obtain a general liability insurance, as well as a special
events liability insurance from the City. And number three, we will comply with City requests to
establish a not -for -profit organization to administer this program. We will allow the City, City
auditors, as well as State auditors to come at any time they please to audit us, and we will be
happy to provide financial statements. We think this is a very important project for the City. It
would help establish us as the Hollywood of the East, and I know it's a project that's near and
dear to the heart of, particularly, Commissioner Gort, and I'd like to take this time to compliment
him on his beautiful and very appropriate tie.
Mayor Clark: Let me see that tie.
Mr. Franco: Well, it's got plenty of stars on it.
Vice Mayor Plummer: If I buried him in that tie, he'd wake up the dead.
Mr. Franco: Well, it's very apropos for our project.
Mayor Clark: All right. Mr. Manager, what's your recommendation?
Vice Mayor Plummer: Mr. Mayor, I have some provisos that I'd like to add to it. I met with
these people. First and foremost, for the record, they must understand that they would have to go
through all of the normal processing permits and have to pay the fees. Number three (sic), that
the City would have some control or veto power over any profits that are declared, as to how
they will be spent. You spoke of the audit. That's fine. I think the City should be involved in
the design of what's going there. Somewhat... what is... what it's going to look like. I think we
should have an approval, before the first one goes in, that this is the design that you're going to
use. And one that I didn't hit you with before, I think that the City should have the right, say,
with every third or fourth one that you do, that the City Commission have the right to designate
an individual that you will put in at your cost.
Mr. Cesar Odio (City Manager): Would you save one star with J.L. Plummer on it?
Vice Mayor Plummer: No, no, no. I grew up on Calle Ocho, long before you were here, Mr.
Manager.
Mr. Odio: I know.
Mr. Franco: He does an excellent imitation of Christopher Columbus, though.
Vice Mayor Plummer: Yes.
Mayor Clark: All right. Now this... You're going to have to work out this contract, now.
Vice Mayor Plummer: Yeah.
Mayor Clark: Can't work it out here right today.
Vice Mayor Plummer: Yes, sir.
Mr. Odio: I recommend it.
Vice Mayor Plummer: I move, Mr. Mayor, under those circumstances, acceptable. I'll move it.
RA A --! I 1%^l 4 f UX--
Commissioner Gort: Second. And in seconding it, Mr. Mayor, I'd like to state that if we can
follow the same standard that has been established already, so we can maintain the uniformality,
I would like to see that.
Mayor Clark: All right. Cast a unanimous ballot, Madam Clerk. Thank you, gentlemen.
Mr. Franco: Thank you.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-285
A RESOLUTION, APPROVING, IN PRINCIPLE, THE REQUEST BY
REPRESENTATIVES OF CALLE OCHO CELEBRITY WALK OF FAME FOR THE
USE OF THE SIDEWALKS ON SOUTHWEST 8TH STREET BETWEEN
SOUTHWEST 12TH AVENUE AND SOUTHWEST 37TH AVENUE, MIAMI,
FLORIDA, FOR THE INSTALLATION OF MARBLE STARS HONORING
ENTERTAINMENT CELEBRITIES RESIDING IN SOUTH FLORIDA; FURTHER,
INSTRUCTING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH
SAID ORGANIZATION INCORPORATING THE CONDITIONS SET FORTH
HEREIN AND TO BRING SAID AGREEMENT TO THE CITY COMMISSION FOR
FINAL REVIEW AND APPROVAL.
(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.
90 April 27, 1995
-----------------------------------------------------------------------------------------------------------------
29. GRANT REQUEST BY REPRESENTATIVES FROM SUNSTREET
FESTIVAL COMMITTEE, INC. TO CHANGE DATE OF SUNSTREET
FESTIVAL IN LIBERTY CITY FROM DECEMBER 3, 1994 TO MAY 27,
1995.
Mayor Clark: Item 25.
Vice Mayor Plummer: It's a change of date. I move it.
Commissioner Dawkins: Second.
Mr. Cesar Odio (City Manager): They also have said that they have received a ten thousand
dollar ($10,000) from the County. They wanted you to know that.
Vice Mayor Plummer: Well, fine. I move the change of date.
Commissioner Dawkins: Second.
Mayor Clark: And the change... and the money? And the money, J.L.?
Vice Mayor Plummer: Yes, sir. Well...
Mayor Clark: All right.
Mr. Odio: No, that's fine.
Vice Mayor Plummer: The money's from the County, right?
Mr. Frank Castaneda: Yeah. They're just requesting the change in date.
Vice Mayor Plummer: Yeah, that's all they're asking for.
Mayor Clark: Cast a unanimous ballot. It's been seconded.
91 April 27, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-286
A RESOLUTION RELATED TO THE SUNSTREET FESTIVAL, BY AMENDING
RESOLUTION NOS. 94-826 AND 94-829, ADOPTED NOVEMBER 17, 1994, TO
CHANGE THE DATE OF SAID EVENT FROM DECEMBER 3, 1994 TO MAY 27,
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 Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Unidentified Speaker: Thank you very much.
----------------------------------------------------------------------------------------------------------
30. GRANT REQUEST BY REPRESENTATIVES FROM ROOTS AND
CULTURE FOUNDATION, INC. CONCERNING THEIR SCHEDULED
EVENT ON MAY 21, 1995: (a) WAIVE FEES ($1,344.65), AND (b) PERMIT
SALE OF BEER AND WINE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Twenty-six, a motion for...
Mr. Cesar Odio (City Manager): The issue here is that they are requesting permission to sell
alcoholic beverages. And, I mean, this is tough... other than beer and wine.
Vice Mayor Plummer: Well, let me tell you, because it's going to come up in Coconut Grove
again. My personal opinion is, serving beer and wine is fine. I think serving, as they do in
Goombay, a fruit punch, is fine. But to take and just sell alcoholic beverages, liquor, I think, is
wrong. Now, that's just my personal opinion. You can make a lot of profit, which they're trying
to do, off of beer and wine. And Thelma Gibson makes a lot of money off of the "Nassuvian"
fruit punch that she serves at... Sometimes I question whether it really has any rum in it or not.
Mayor Clark: Give me a motion, give me a motion, will you?
Vice Mayor Plummer: Well...
Mr. Odio: Excuse me.
92 April 27, 1995
Vice Mayor Plummer: Yeah.
Rulx J.J. Damas: I'd like to say something.
Vice Mayor Plummer: They're asking to waive all of the... Where is this to be held?
Mr. Damas: Well, if you can give me five minutes of your time. My name...
Commissioner Gort: Name and address.
Mr. Damas: Excuse me?
Commissioner Gort: Name and address.
Mayor Clark: Give us your name and address.
Mr. Damas: My name is Rulx J.J. Damas. I'm the executive director for Roots and Culture
Foundation.
Mayor Clark: Where's your address?
Mr. Damas: And the address is 6301 Biscayne Boulevard. Now, the purpose of this
organization. We're a nonprofit organization, as you know. There's over 50 events scheduled in
Miami on a yearly basis. Now, the reason why this organization was put together is basically to
promote the heritage of the multi -ethnic group right here in Miami, especially... The Haitian
community, as you know, does not have a special annual event, per se, in Little Haiti, to promote
the heritage, the culture, and on a positive note, to promote the community.
Vice Mayor Plummer: That's what TDC (Tourist Development Council) is for.
Mr. Damas: Now, our survey, before we put the organization together, shows that the Little
Haiti area, businesses are in economical crisis, as far as all the businesses are concerned. So
with this event, not only will it bring money into the community, promote the heritage of the
Haitian people, also what we're willing to do is to work, as far as the City is concerned, to show
the world that Miami is truly a multicultural community, because, as you know, we do not
have...
Mayor Clark: Sir, how much are the fees you want to waive. Cesar?
Mr. Damas: All the fees combined with the police officers and so forth comes to close to... a
little... nine thousand dollars ($9,000)
Vice Mayor Plummer: Oh, you try to get the policemen to work for nothing. I've tried for a
long time.
Mr. Damas: Well, I'm not saying...
Vice Mayor Plummer: They want to get paid. This is your first year?
Commissioner Gort: Yes.
Mr. Damas: Yes, it's the first year we're trying to do...
93 April 27, 1995
Vice Mayor Plummer: OK. Have you applied to the TDC? Because that's where, really...
That's the only funds that are really available for this kind of an activity. The City has no more
funds available. Now, we can waive a fee on a street closure, or something like that, but other
than that, you heard us criticized here this morning, but we've stopped that. We just don't have
the money.
Mr. Damas: Well, we have had the support of the media, like Hot 105 is a sponsor, and we have
the private sector and the community at large. What we are asking is, you know, for the
committee...
Mayor Clark: What do the fees amount to? I asked you, what do the fees amount to? Do you
know?
Commissioner Gort: Nine thousand dollars ($9,000).
Vice Mayor Plummer: How much?
Mr. Damas: It's close to...
Mr. Odio: It's thirteen hundred and forty-four dollars ($1,344), but I...
Mr. Damas: That's just basically surcharges and...
Mr. Odio: But we cannot recommend that because it's the precedent... One more time, we're
trying to cut all these fundings to everyone...
Vice Mayor Plummer: There's no way that fee is what it is.
Mr. Damas: I understand that, sir, but what we're trying to do, it would be...
Vice Mayor Plummer: Do you serve alcoholic beverages? You serve alcoholic beverages, I'll
guarantee you, your police bill will be more than that.
Mr. Frank Castaneda: No. These are fees, not staff cost.
Vice Mayor Plummer: Oh, oh.
Mr. Damas: Those are just fees.
Vice Mayor Plummer: Do you have a budget?
Mr. Damas: Yes, we do have a budget.
Vice Mayor Plummer: When do you propose this to take place?
Commissioner Gort: In two months.
Mr. Damas: This is scheduled to take place on May the 21st, next month.
Mr. Odio: He said you need to give him the...
Mr. Damas: But that weekend is also the - I want to add that on there - is also the Haitian Flag
Day, which is going to be that weekend, we're also going to celebrate.
94 April 27, 1995
Mr. Odio: Look, I would recommend we give him... I will eat the thirteen hundred and forty-
four dollars ($1,344) in the fees that we were going to collect, but all the manpower needed
there, they will have to pay.
Vice Mayor Plummer: I'll so move.
Mayor Clark: Second?
Commissioner Dawkins: OK. Under discussion.
Mayor Clark: Yeah.
Commissioner Dawkins: You're going to allow them to sell all alcoholic beverages?
Mr.Odio: No.
Mayor Clark: Beer and wine.
Vice Mayor Plummer: No, no, no.
Mr. Odio: Beer and wine.
Vice Mayor Plummer: No, no. We've just voting on waiving of the fees.
Commissioner Dawkins: Well, here, it says all, and you didn't specify... I mean the maker of the
motion.
Mayor Clark: He is now, he is now.
Commissioner Dawkins: OK. Specify, J.L.
Vice Mayor Plummer: This is for the fees, which the Manager recommended.
Commissioner Dawkins: But what about...
Mayor Clark: And for the beer and wine, only.
Vice Mayor Plummer: The beer and wine is where I'm at, yes.
Commissioner Dawkins: OK. Well, include... Well, make one motion.
Vice Mayor Plummer: All right. I say that we do what the Manager recommended on the fees
and the waiving. And as far as the alcoholic beverages, beer and wine.
Commissioner Dawkins: OK. Is it seconded?
Mayor Clark: Yes.
Commissioner Dawkins: All right. Call the roll.
Mayor Clark: Cast a unanimous ballot.
Commissioner Dawkins: That's right.
95 April 27, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-287
A RESOLUTION RELATED TO THE ROOTS & CULTURE FESTIVAL '95
CONDUCTED BY THE ROOTS & CULTURE FOUNDATION, INC. ON MAY 21,
1995; WAIVING ALL WAIVABLE USER FEES AS PERMITTED BY THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, SAID AUTHORIZATION BEING
SUBJECT TO THE ORGANIZERS PAYING FOR ALL OTHER NECESSARY
COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT AND OBTAINING ALL NECESSARY PERMITS AND INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: All right. You got it?
Mr. Odio: Got it.
Mayor Clark: Item 27, we've done that.
96 April 27, 1995
'W
------------------------------------------------------------------------------
31. PERSONAL APPEARANCE: RICHARD MARKOWITZ AND DAVID
ELLISON FROM INTERNATIONAL AMBASSADORS' FOREIGN
EMBASSY TOUR REGARDING AMENDMENT TO R-94-49 (WHICH
WAIVED RENTAL FEES IN COCONUT GROVE CONVENTION CENTER
FOR THEIR EVENT ON JANUARY 23-25, 1995) -- STIPULATE THAT: (a)
$20,000 CASH OR BOND TO BE PLACED IN ESCROW; (b) IF AT LEAST 30
AMBASSADORS DO NOT ATTEND, THE CITY OF MIAMI KEEPS THE
MONEY, AND (c) IF A PROFIT IS REALIZED, THE CITY IS TO BE
REIMBURSED -- INSTRUCT CITY MANAGER TO CONTACT STATE
DEPARTMENT TO VERIFY THAT THIS IS ONE OF ITS OFFICIAL
FUNCTIONS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Twenty-eight. Plummer, here you are again.
Vice Mayor Plummer: Twenty-eight. Oh, this was an outfit that was here before.
Commissioner Gort: Watch it, watch it.
Vice Mayor Plummer: They're asking for a change in the fees for the rental... Is he all right?
Unidentified Speaker: All right come over. Let's go. You're done, you're done.
Vice Mayor Plummer: Is he all right?
Mr. Ellison: Yeah. He's just a little nervous, that's all.
Vice Mayor Plummer: OK. That's to be expected.
Mayor Clark: Yeah.
Vice Mayor Plummer: All right. As far as I'm concerned, this is just merely a change of dates,
and whatever obligations had been made before. There was a question as to the amount of
participation... I'm sorry?
Mr. Cesar Odio (City Manager): We got the insurance coverage.
Vice Mayor Plummer: And we got the insurance coverage that was done, so it's just a matter of
changing it to make their event...
Mr. Richard Markowitz: And the 141 delegates that are coming from Washington, D.C. are
listed on that piece of paper, as well.
Vice Mayor Plummer: Right. We asked them also to verify...
Mayor Clark: Please, just a moment, just a moment. What is your name, sir?
Mr. Markowitz: Richard Markowitz, 10500 Southwest 146th Avenue, Miami.
Mayor Clark: And your name.
97 April 27, 1995
Mr. Ellison: My name is David Lee Ellison, 350 West Flagler, Miami, Florida.
Mayor Clark: Are you on the same page?
Mr. Markowitz: Yes, sir.
Mr. Ellison: Yes, sir.
Mayor Clark: All right, J.L., it's your...
Vice Mayor Plummer: All right. Mr. Manager, you've gone over this? I will move this subject
to the Manager's approval, and, of course, City Attorney.
Mr. Odio: Wait, wait. To do what? I'm sorry.
Vice Mayor Plummer: To do what is being requested here.
Mr. Ellison: All we want to do is amend the date.
Mr. Odio: The waiver of the fees of the Convention Center, I will not recommend. I
recommended against it then, and now. We don't want to waive the fees at the Coconut Grove
Exhibition Center.
Vice Mayor Plummer: All right. Let me ask you a question. Did we waive them before?
Mr. Odio: I think you did.
Mr. Ellison: Yes, yes. Here is the record here.
Mr. Odio: But I don't agree. I didn't agree with it now...
Vice Mayor Plummer: And... Excuse me. How much are the fees?
Mr. Odio: It's a lot of money.
Mayor Clark: Forty thousand dollars ($40,000).
Mr. Odio: It's a lot of money.
Vice Mayor Plummer: Huh?
Mr. Odio: How many days? It's twenty thousand dollars ($20,000). And if... I think they are
charging fees to these people to...
Mr. Ellison: No. It is free to the public, and there's 12,000 children have registered to meet 36
ambassadors.
Vice Mayor Plummer: All right, hold on. This is when?
Mayor Clark: Are you charging?
Vice Mayor Plummer: When is this scheduled for?
Mr. Ellison: No, sir, it's free to the public.
98 April 27, 1995
Vice Mayor Plummer: When is this scheduled for?
Mr. Ellison: May loth, 11th and 12th, 141 delegates from Washington, D.C., 36 ambassadors
are coming from Washington, D.C. to meet with 12,000 children, your students. They raised
eighty thousand dollars ($80,000) to bring those buses. If those fees are not waived, the
ambassadors and the delegates will come to Miami, and all the press will be here, and those
ambassadors, 36 from around the world, will be sequestered into a hotel. We, at your
recommendation, cancelled these dates because of the Summit of the Americas. We got with
City government, and City government said, "David, we want you to postpone your dates,
because we are caught up with the Summit." And everything was fine, and everything is fine.
Vice Mayor Plummer: That's not... That's not...
Mr. Ellison: There are 33 billboards, Mr. Plummer, on the streets of Miami saying "free to the
public." It cost us forty thousand dollars ($40,000) to put up these billboards on the honor of this
resolution, Mr. Mayor.
Mayor Clark: Let me ask you this. Do you...
Vice Mayor Plummer: All right. That...
Mayor Clark: Wait, hold it, J.L. Did you advertise something at the Biltmore?
Mr. Ellison: Sir?
Mayor Clark: Did you advertise something at the Biltmore?
Mr. Ellison: Yes. There is an ambassadorial ball at the Biltmore Hotel, but not on the signs.
Mayor Clark: All right. I checked that out. I checked that out, and there's no record of it.
Mr. Ellison: That's not true, Mr. Mayor. We have paid our fees. You can call right now.
That's not a reality. We have paid the fees at the Biltmore, and we are fine.
Commissioner Dawkins: How much did you pay the Biltmore?
Mr. Ellison: Seven thousand dollars ($7,000), and we will give them another five thousand
dollars ($5,000) tomorrow.
Commissioner Dawkins: So you're going to pay them twelve thousand dollars ($12,000) to have
a...
Mr. Ellison: That is the ambassadorial dinner, sir. They paid for that. We just remitted the
dollars.
Mr. Odio: I would suggest, Mr. Mayor and Commissioners, that I can check with the State
Department. We deal with them all the time, with the protocol office, and see where this is all
coming from.
Vice Mayor Plummer: Well, Mr. Manager, if, in fact, you can verify that 36 countries...
ambassadors...
Mr. Ellison: Ambassadors, 141 delegates, which their names are there.
99 April 27, 1995
Vice Mayor Plummer: ... 36 ambassadors are going to be coming to this community, I don't
think twenty thousand dollars ($20,000) is a lot of money to spend for that kind of, hopefully...
Mr. Odio: Let the State Department do that. We are not in the business of ambassadors.
Mr. Ellison: No.
Vice Mayor Plummer: We weren't in the business of doing the Summit, either, but we did it,
and we got very positive activity.
Mr. Odio: Well... But I think...
Commissioner Dawkins: But we haven't collected for doing the Summit.
Vice Mayor Plummer: No. I agree with that.
Commissioner Dawkins: OK. Thank you.
Commissioner Gort: I have a question. I have a question.
Vice Mayor Plummer: Wait a minute. Is this for a profit -making organization?
Mr. Ellison: There is... There is a nonprofit issue, and a profit issue. There's two different...
Vice Mayor Plummer: No, then I...
Mr. Ellison: There's two different issues. It is free to the public, and your 12,000 children, by
the way, have already raised their money for the buses. You have 1,000 teachers and 12,000
children that have physically registered to come and meet these ambassadors. When you say no,
there are 12,000 children and 1,000 teachers that can't meet them.
Mayor Clark: Let me say this. If they don't show up, we're going to be looking for you.
Mr. Ellison: They have their plane tickets in their pockets, Mr. Mayor.
Vice Mayor Plummer: Well, wait.
Mayor Clark: I know, yeah. Who paid for those?
Mr. Ellison: I did.
Vice Mayor Plummer: Let me tell you how you do this.
Mr. Ellison: I paid for those plane tickets.
Mayor Clark: Wait a minute. Just be quiet for a minute.
Commissioner Dawkins: J.L.... Mr. Mayor.
Mayor Clark: Yeah.
Commissioner Dawkins: You have stated that this is an event for 12,000 school children.
100 April 27, 1995
NOTE FOR THE RECORD: A momentary electrical power outage
occurred at City HaWat 11.54 a.m.
Commissioner Dawkins: Why haven't you said to us, the Commission, that you split half of the
cost and the School Board split half? Because the School Board... Wait a minute, now, hold it.
The School Board isn't doing nothing. The kids raised the money. The School Board isn't
doing anything for this wonderful event, for my school children to meet with these ambassadors.
What is the School Board donating in dollars?
Mr. Ellison: Zero.
Commissioner Dawkins: OK. That's all I need to know.
Vice Mayor Plummer: Mr. Mayor, I'll tell you how I'll handle this. There's only one way I can
do it, because the question that came up before is whether or not, in fact, these ambassadors are
going to be coming here. I would move, Mr. Mayor, that they put up twenty thousand dollars
($20,000) in escrow. If, in fact, the 36 ambassadors that they claim come to this event, then their
monies be returned, if, in fact, they lose money. If they make money, they will give back to the
City on a proportionate share. OK?
Mr. Ellison: How will we make any money, Mr. Plummer? It's free to the public.
Vice Mayor Plummer: Sir, you have a profit -making facility in there. If that profit -making...
makes a profit, the City is entitled to its money back.
Mr. Ellison: All right.
Vice Mayor Plummer: Now, Mr. Manager, do you understand what I'm saying? They put up
twenty thousand dollars ($20,000).
Mr. Ellison: Can it be a bond, J.L.?
Mr. Odio: A what?
Vice Mayor Plummer: If... A bond is great, if the bond is cashable. I don't care how.
Mr. Ellison: Thank you.
Vice Mayor Plummer: OK? And if 36 ambassadors, as they have promised, show up for that...
Mr. Ellison: All right. Can it be 26?
Vice Mayor Plummer: Let me finish.
Mr. Odio: Oh, wait, wait. It's down to 26 now.
Mr. Ellison: Now, wait a minute. There's 141 delegates, and these people are on a very serious
agenda, and we don't want...
Vice Mayor Plummer: I heard you clearly about 36 ambassadors..
April 27, 1995
Mr. Odio: I would recommend...
Mr. Ellison: Here's the list of the people...
Mayor Clark: Wait a minute, just a moment. Wait a minute. I want to tell you something.
Mr. Ellison: A hundred and 41 delegates, J.L.
Mayor Clark: Sir, I want to tell you a fact. Will you listen for a moment?
Mr. Ellison: Yes, sir.
Mayor Clark: I had a call from the Russian ambassador, calling me to see if this was really a
legitimate affair.
Mr. Ellison: Yes, sir.
Mayor Clark: Now, when you're coming in like that, God knows what's going to happen.
Vice Mayor Plummer: These are ambassadors from Washington.
Mr. Odio: But why...
Mr. Ellison: Yes, they are. There's 141 delegates.
Mr. Odio: Excuse me. When that happens, protocol indicates that they will notify the Mayor's
office through the State Department Protocol Office that this is going to happen. This is just not
done this way. Those ambassadors just don't move that way. They have to have permission
from the State Department.
Mr. Ellison: They have it. Walter Deering (phonetic) is in contact.
Mr. Odio: Wait, wait. I'm not talking to you, please, sir. I again recommend that we don't give
them one penny.
Mr. Ellison: Then the 12,000 children will not go down there, Mr. Manager. I want to see it on
TV. I want the public... I want the City of Miami to know it.
Mr. Odio: Pay the rent.
Mr. Ellison: That the children, it's for them.
Vice Mayor Plummer: I'm still willing to make my motion. OK?
Mr. Ellison: It's for the babies. It's not...
Mr. Odio: I'll say one more thing.
Vice Mayor Plummer: I make, again, my motion.
Mayor Clark: All right. Let's have your motion.
Vice Mayor Plummer: That, if, in fact, they, first of all, put up the equivalent of a twenty
thousand dollar ($20,000) non-cashable bond, or in cash, that if, in fact, that they have said, the
36 ambass...
102 April 27, 1995
T
Mr. Ellison: One hundred and forty-one delegates.
Mayor Clark: Please.
Vice Mayor Plummer: Please, may I make my motion?
Mr. Ellison: Yes, sir.
Vice Mayor Plummer: That if, in fact, their statement is true that there are 36 ambassadors, of
which there will be a total of 141 delegates that do attend, that, that grant is forthwith to them
with the proviso that, if, in fact, this event, through the audit, makes money, that the City will get
its money back prior to any disbursements of profits. That's my motion. Now, that does not
include, by the way, any of the other... That's the rental of the facility. The others, as far as the
parking and all of that, is still a thing that has to be dealt with by the Administration. That's my
motion.
Mr. Ellison: Will you allow the tables and the chairs for the children to eat their lunch?
Vice Mayor Plummer: You'll have to pay for that.
Mr. Ellison: I'll ask the teachers to get the money. OK.
Vice Mayor Plummer: You'll have to pay for that. OK? But that's my motion.
Mr. Ellison: The teachers will have to pay for it.
Commissioner Gort: Second.
Mr. Markowitz: Mr. Plummer, when you refer to a profit, do we take that against the four
hundred thousand ($400,000) that we have spent to bring the ambassadors here?
Vice Mayor Plummer: Sir, in an audit, it will show profit or nonprofit.
Mr. Ellison: All right. I'd like...
Vice Mayor Plummer: If there is a profit made, it would go against a profit.
Mr. Markowitz: Very good.
Vice Mayor Plummer: Whether it is on the nonprofit side or the profit side, the audit will prevail
and no funds can be disbursed of a profit until the audit is done by the City.
Mr. Ellison: All right. I agree to that, and that's no problem, but one thing I would like to say.
In your documents on your desk, those are the men and women that are coming here. You have
them. They have their plane tickets in their hands. We will provide Mr. Odio a phone number
of every human being on those documents. There's 141.
Mr. Odio: I don't want their phone numbers. All I want from you is to pay the rent.
Mr. Ellison: You're the one that waived the fees. Remember that the City of Miami...
Mr. Odio: I recommended against you, sir.
103 April 27, 1995
Mr. Ellison: All right. Right here it says...
Mayor Clark: Do you want this resolution to be...
Mr. Ellison: Let me read this to you. A resolution... It says...
Vice Mayor Plummer: Well, I would feel much more comfortable, Mr.... Mr. Manager...
Mr. Ellison: All right. To promote the City, the City of Miami...
Mr. Odio: The air conditioner blew.
Mayor Clark: Sir, you won't give up, and you're going to lose everything. Will you be quiet?
Vice Mayor Plummer: Mr. Manager, I would appreciate, and get a little comfort to this
Commission that you do check with the State Department.
Mr. Odio: I'm going to do that.
Vice Mayor Plummer: This is an official functioned affair, and that they do anticipate that this
will be taking place under what has been stated, and if you find that not to be the case, sir, I
would hope you could come back before eight o'clock tonight and so tell us.
Mr. Ellison: All right. There are documents... You've made a motion for 37 ambassadors. I
would like to have your motion amended to reflect to the delegates on the documents here, and
there are about...
Mayor Clark: Please.
Vice Mayor Plummer: Sir, sir, my motion is clear.
Mr. Ellison: All right. Well, Richard, what is the exact number of... Because we lost two
yesterday, and we don't want any issue of technicality. Is there like... I think there might be 29
to 30, because the politicians...
Mr. Markowitz: We would need to read through this document.
Mr. Ellison: Just yesterday, the ambassador of the Philippines called our office and said, "David,
we have an emergency in the country." I mean, this is Washington. People move.
Vice Mayor Plummer: I'll tell you what. I'll accept 30.
Mr. Ellison: Will you accept 26?
Vice Mayor Plummer: No.
Mr. Ellison: Why not?
Vice Mayor Plummer: Because...
Mr. Ellison: There are 26 ambassadors of the world and 12,000...
Vice Mayor Plummer: Thirty. Thirty.
104 April 27, 1995
Mr. Ellison: There are 60 nations.
Mayor Clark: Listen, now, you're making a fool out of yourself.
Mr. Ellison: No, sir, I'm not.
Mayor Clark: Well, just be quiet, will you?
Vice Mayor Plummer: And the final proviso, Mr. Mayor, is that this has to be an official
function of the State Department.
Mayor Clark: That's right.
Vice Mayor Plummer: That they are involved.
Mr. Markowitz: The State Department has informed us that they, in no way, can tell the
embassies what they will and won't do.
Vice Mayor Plummer: But they can tell whether or not that they are involved or not involved.
Mr. Ellison: Right. Walter Deering can do that here in the City.
Vice Mayor Plummer: So be it.
Mr. Ellison: All you have to do is call Walter.
Vice Mayor Plummer: So be it.
Mr. Ellison: But I... What I'm asking here to tell you, I'm telling you before the public...
Vice Mayor Plummer: A point of order.
Mr. Ellison: ... that there are maybe not going to be 30 ambassadors. There might be 29.
Vice Mayor Plummer: Then you're out twenty thousand dollars ($20,000), sir.
Mr. Ellison: Mr. Plummer, what if there's 29?
Vice Mayor Plummer: Understand it. If there are not 30 ambassadors, you have lost twenty
thousand dollars ($20,000).
Mr. Odio: You might need to know that...
Vice Mayor Plummer: You can't make it any clearer than that.
Mr. Odio: ... that the air conditioner is gone.
Vice Mayor Plummer: Now, I don't want to get this as a heated discussion.
Mayor Clark: We'll have to...
Vice Mayor Plummer: You are going to put up a bond or a cash amount equivalent to twenty
thousand dollars ($20,000). You have stated on the record what's going to be here. If what you
stated doesn't occur, sir, we want you to know how much we're going to appreciate your twenty
thousand dollars ($20,000).
105 April 27, 1995
Mr. Ellison: So if an ambassador cancels because of an affair of State, we're going to be
charged the $20,000.
Vice Mayor Plummer: Sir, you stated 36. I'm giving you six that don't have to show.
Mr. Ellison: All right. I'm asking you, before the public, and I'll just cancel it right now in front
of you, and let it be your... let it be your decision.
Mayor Clark: No, now, you brought this up. We're not...
Mr. Ellison: All right. But you are pushing me and saying, "If you don't have this specific
number"... All right. "You don't have this specific number." You're saying to the other 26
ambassadors of the world and to the world that 26 is not powerful enough.
Mr. Odio: I would recommend that you cancel. Is that what you want to hear? I would
recommend that you cancel the event, because I don't think it's fair to ask the taxpayers of the
City of Miami to pay for something like this. That's what you're asking.
Mr. Ellison: It's free to the public and free to the children. It's for your children.
Vice Mayor Plummer: Call the roll.
Mr. Odio: The children live in all of Dade County.
Mayor Clark: On the motion.
Mr. Odio: This is City of Miami.
Mayor Clark: Please, please, Mr. Manager. On the roll... Call the roll.
106 April 27, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-288
A RESOLUTION AMENDING RESOLUTION NO. 94-49, ADOPTED JANUARY 27,
1994, RELATED TO THE WAIVER OF RENTAL FEES FOR USE OF AN
EXHIBITION HALL IN THE COCONUT GROVE EXHIBITION CENTER FOR THE
INTERNATIONAL AMBASSADOR'S FOREIGN EMBASSY TOUR 95 BY
CHANGING THE DATE OF SAID EVENT TO MAY 10 - 12, 1995; BY
CONDITIONING SAID WAIVER UPON (1) THE EVENT BEING SANCTIONED BY
THE STATE DEPARTMENT (2) THE ORGANIZERS DEPOSITING IN ESCROW
WITH THE CITY THE AMOUNT OF $20,000 IN CASH OR IN THE FORM OF A
BOND; (3) AT LEAST 30 AMBASSADORS ATTENDING THE EVENT; AND (4)
THE CITY BEING REIMBURSED PRIOR TO THE DISBURSEMENT OF ANY
PROFITS WHICH MAY BE GENERATED BY SAID EVENT.
(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.
-----------------------------------------------------------------------------------------------------------
32. APPOINT WALTER FOEMAN AS CITY CLERK EFFECTIVE MAY 27, 1995.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes.
Commissioner De Yurre: Before we break for lunch...
Vice Mayor Plummer: Break for... What time are we coming back?
Commissioner De Yurre: Two -thirty.
Mayor Clark: Two thirty.
Commissioner De Yurre: I was just talking to Matty Hirai. You know, she retires next month,
and, in fact, she only has one meeting left. And I would like to give some formality to what's
going to happen after that, and I think there's a consensus in this Commission that Walter
Foeman should be our next City Clerk.
107 April 27, 1995
Mayor Clark: Second the motion.
Commissioner De Yurre: And if that's the consensus, I would so move at this point.
Mayor Clark: Second the motion.
Vice Mayor Plummer: I...
Mr. Odio: I recommend it.
Vice Mayor Plummer: I definitely... It was my pleasure to appoint him or to make the motion
for him in the previous to be the assistant. He has done a fantastic job, and as far as I'm
concerned, the number two man should always be in a position to become the number one man.
It would be my pleasure to vote for Walter Foeman to be on that affair.
Mayor Clark: All in favor, signify by saying "aye."
The Commission Collectively: "Aye."
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-289
A RESOLUTION ELECTING AND APPOINTING WALTER J. FOEMAN AS CITY
CLERK OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE 12:01 A.M. ON
SATURDAY, MAY 27, 1995, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY
CHARTER, AND FIXING SALARY AND BENEFITS FOR SAID APPOINTEE.
(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.
(APPLAUSE)
Commissioner De Yurre: I would... He makes seventy-eight thousand ($78,000); that he get a
ten percent pay raise with the position. Ten percent pay raise from what he's making now.
Mr. Odio: Wait, wait a minute. How much?
Vice Mayor Plummer: Ten percent.
108 April 27, 1995
Mr. Odio: OK.
Commissioner Gort: You're still saving ten thousand dollars ($10,000).
Commissioner De Yurre: Thank you. Congratulations, Walter.
Mayor Clark: We're at recess till 2:30.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:03 P.M. AND RECONVENED AT 2:39 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT, EXCEPT COMMISSIONER DE YURRE.
Mayor Clark: This meeting is going to be carried over until Monday at 2:30 in the afternoon.
We need a motion on that, Mr....
Mr. Cesar Odio (City Manager): Before you do that, Mr. Mayor, may I ask you...
Commissioner Dawkins: No, wait a minute. Let's get... Can we get a motion on that, Mr. City
Attorney?
A. Quinn Jones, III, Esq. (City Attorney): What? To continue?
Ms. Matty Hirai (City Clerk): To continue the meeting, sir.
Mr. Jones: To continue the meeting to a time certain on Monday?
----------------------------------------------------------------------------------------------------------------
33. EMERGENCY ORDINANCE: AMEND CODE, CHAPTER 39, ARTICLE II,
BY CHANGING DATES RELATIVE TO INITIATION OF INAUGURAL
FRANCHISE PERIOD FOR DOWNTOWN MIAMI SPECIAL VENDING
DISTRICT TO JULY 1, 1995 -- REDUCE REQUIRED PUBLIC NOTICE OF
VENDING FRANCHISE OPPORTUNITIES TO 60 DAYS.
Vice Mayor Plummer: Hold on. Mr. Mayor, before you make that motion, you have to take this
item before you continue.
Mayor Clark: All right.
Vice Mayor Plummer: Mr. Mayor, this is a... So that the vendors' ordinance does not become
effective on Monday. An emergency ordinance relating to street vending, amending the Code of
the City of Miami, Florida, as amended, Chapter 39, Article 2, by changing dates relative to
initiation of the inaugural franchise period for the Downtown Miami Special Vending District to
June the 1st, 1995, containing a repealer provision, and a severability clause, and providing for
an effective date. It just delays the implementation for 30 days, gives them the right to meet with
the DDA (Downtown Development Authority), Mr. Gort, and other parties involved. I so move.
Mayor Clark: Is there a second?
109 April 27, 1995
Commissioner Dawkins: Under discussion. I've had complaints that the information was not
put out in languages where everybody could understand it. Has anybody else had that
complaint?
Vice Mayor Plummer: No, sir.
Commissioner Gort: Yes.
Mayor Clark: Willy?
Commissioner Gort: Commissioner Dawkins, I had a whole speech prepared for this one,
because I think this is something very important.
Commissioner Dawkins: Go right ahead.
Commissioner Gort: A lot of people have been working on it. And first of all, I want to thank
the DDA (Downtown Development Authority) staff, our staff, and DMP (Downtown Miami
Partnerships), and all the business people in the area that have worked together on this. The
problem we had on this, and the reason we did not want to implement it on May the 1st is
because there was a lot of doubts about... For example, one of... loopholes. One of them was,
they were under the impression that each one had to have a one million dollar ($1,000,000)
policy. My understanding is, if they join under a group, they can get an umbrella policy to cover
all of them, and that makes it a lot more feasible. And that was one of the problems that they
had. The other thing was the language. A lot of the people did not understand. A lot of these
vendors are of Latin origin. They've been there for over ten years. They did not understand,
they couldn't read it. So for that reason, we instructed DDA to go ahead and do it in Spanish and
Creole, to give an opportunity to anyone that would want to apply for it to go ahead and do it.
The DDA passed a resolution requesting that this be deferred, but to maintain the ordinance. We
do not want to change the ordinance. We just want to give an opportunity to work out all the
loopholes.
Vice Mayor Plummer: The implementation date.
Commissioner Gort: The implementation date.
Vice Mayor Plummer: Which is what this motion does.
Mayor Clark: Do you second it, Willy?
Commissioner Gort: Excuse me. Mr. Mayor...
Mayor Clark: Do you second it?
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor, the motion now on the floor is only until
June the 1st. We would need more time...
Vice Mayor Plummer: That's right.
Commissioner Gort: Right. My understanding is there was a new ordinance that was...
Mr. Maxwell: Yeah. We had it until July 1st.
Commissioner Gort: July 1st.
110 April 27, 1995
bv,:,411
Mr. Maxwell: July 1st, which would give us more time to... After you negotiate with the group,
then you have to implement the lottery process.
Vice Mayor Plummer: I agree to 30 days. We can always extend it afterwards.
Commissioner Gort: OK.
Vice Mayor Plummer: We can extend it another time, if you need it, but I don't want this thing
to drag on, and on, and on, and on. OK?
Mayor Clark: All right. Let's move. Call the roll.
Commissioner Dawkins: What's the roll call now? What is it?
Vice Mayor Plummer: It's an emergency...
Commissioner Dawkins: August 1? Huh?
Mr. Maxwell: See, here's what I need you to understand, Mr. Mayor.
Vice Mayor Plummer: June 1.
Mr. Maxwell: You need to understand that the date we're giving her needs a little lead time in it,
because you have to notice...
Commissioner Gort: That's why July 1st... You don't have to delay it at all.
Mr. Maxwell: You have to notice and set up the lottery procedure again. That's why the July
1st...
Vice Mayor Plummer: You want to make it the 4th of July.
Mr. Maxwell: July 1st was the date.
Vice Mayor Plummer: July 1st, OK, I'll go along with that.
Commissioner Gort: OK.
Commissioner Dawkins: The Manager is trying to say something, Mr. Mayor.
Mr. Cesar Odio (City Manager): No, that's OK. Go ahead.
Mr. Maxwell: There was a provision that we instruct, because of the June 1st... If you'll read it
this way, Commissioner Plummer, it will do what you just said.
ill April 27, 1995
An Ordinance entitled -
AN EMERGENCY ORDINANCE RELATING TO STREET VENDING;
AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
CHAPTER 39, ARTICLE II, BY CHANGING DATES RELATIVE TO
INITIATION OF THE INAUGURAL FRANCHISE PERIOD FOR THE
DOWNTOWN MIAMI SPECIAL VENDING DISTRICT TO JULY 1, 1995;
REDUCING REQUIRED PUBLIC NOTICE OF VENDING FRANCHISE
OPPORTUNITIES FOR SAID DISTRICT TO SIXTY (60) DAYS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Whereupon the Commission on motion of Vice Mayor Plummer and seconded by
Commissioner Gort, adopted said ordinance 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
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11249.
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 2:44 p.m., the was a complete
electric power failure.
112 April 27, 1995
34. DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON CITY -OWNED WATERFRONT LAND IS BY
UNIFIED DEVELOPMENT PROJECT (UDP) -- AUTHORIZE MANAGER TO
PREPARE DRAFT REQUEST FOR PROPOSALS (RFP) FOR
DEVELOPMENT OF A BOATYARD AND ANCILLARY MARINE
RELATED RETAIL AND RECREATIONAL FACILITIES AT 3501
RICKENBACKER CAUSEWAY, VIRGINIA KEY -- SET PUBLIC HEARING
FOR MAY 11, 1995, AT 10:00 A.M. (See label 53)
----------------------------------------------------------------------------------------------------------------
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-290
A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD
TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED WATERFRONT
LAND IS BY UNIFIED DEVELOPMENT PROJECT (UDP); AUTHORIZING THE
CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS (RFP)
FOR A UDP, AND CONFIRMING THE SETTING OF A PUBLIC HEARING FOR
MAY 11, 1995 AT 10:00 A.M. TO TAKE TESTIMONY REGARDING SAID RFP
FOR THE DEVELOPMENT OF A BOATYARD AND ANCILLARY MARINE
RELATED RETAIL AND RECREATIONAL FACILITIES ON CITY -OWNED
WATERFRONT PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY,
VIRGINIA KEY, MIAMI, FLORIDA, AS REQUIRED BY THE CITY CHARTER,
SECTION 29-A(C), CODE SECTION 18.52.9.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
113 April 27, 1995
----------------------------------------------------------------------------------------------------------------
35. SCHEDULE CONSIDERATION OF ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR MAY 25, 1995
COMMISSION MEETING (AT 9:00 A.M.)
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 95-291
A RESOLUTION SCHEDULING A PUBLIC HEARING FOR MAY 25, 1995 AT 9:00
A.M. TO DISCUSS THE CITY OF MIAMI'S FY 1995-96 PROPOSED
CONSOLIDATED PLAN FOR THE FOLLOWING PROGRAMS: COMMUNITY
DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS,
EMERGENCY SHELTER GRANT AND HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
114 April 27, 1995
----------------------------------------------------------------------------------------------------------------
36. APPROVE INTERNATIONAL TRADE BOARD (ITB) ALLOCATION
($50,000) TO SOUTH FLORIDA SOCCER ORGANIZING COMMITTEE FOR
1996, INC. -- FOR INTERNATIONAL PROMOTION OF 11 OLYMPIC
SOCCER GAMES TO BE PLAYED AT ORANGE BOWL STADIUM (JULY
20-28, 1996) AS PART OF THE XXVI OLYMPIAD.
----------------------------------------------------------------------------------------------------------------
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 95-292
A RESOLUTION APPROVING THE INTERNATIONAL TRADE BOARD
ALLOCATION OF $50,000 TO THE SOUTH FLORIDA SOCCER ORGANIZING
COMMITTEE FOR 1996, INC., A NOT -FOR -PROFIT ORGANIZATION, FOR THE
INTERNATIONAL PROMOTION OF ELEVEN OLYMPIC SOCCER GAMES TO BE
PLAYED AT THE ORANGE BOWL STADIUM, JULY 20 - JULY 28, 1996 AS PART
OF THE GAMES OF THE XXVI OLYMPIAD; ALLOCATION FUNDS THEREFOR
FROM THE INTERNATIONAL TRADE BOARD 1994-1995 OPERATING BUDGET.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
115 April 27, 1995
----------------------------------------------------------------------------------------------------------------
37. CONTINUE ALL REGULAR ITEMS NOT TAKEN UP ON THIS DATE TO
MAY 1, 1995, COMMENCING AT 2:30 P.M.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-293
A MOTION CONTINUING ALL REGULAR ITEMS NOT TAKEN UP ON THIS
SAME DATE TO MAY 1, 1995 AT 2:30 P.M.
(Note: The City Commission continued this meeting to Monday, May 1st, beginning at
2 p.m. The Commission had previously stated 2:30 p.m. Upon polling three members of
the City Commission, they later agreed that the meeting would begin at 2:30 p.m.)
Upon being seconded by Commissioner Gort, the motion 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
116 April 27, 1995
Im
-----------------'-----------------------------------------------------------------------------------------------
38. SCHEDULE CLOSED DOOR ATTORNEY / CLIENT SESSION OF THE
CITY COMMISSION (MAY 11, 1995, 8:00 A.M.) CONCERNING PENDING
LITIGATION IN POTTINGER VS. CITY OF MIAMI (U.S. DISTRICT COURT
CASE NO.88-2406 CIV-ATKINS).
----------------------------------------------------------------------------------------------------------------
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-294
A RESOLUTION SCHEDULING AN ATTORNEY -CLIENT SESSION, CLOSED TO
THE PUBLIC (PURSUANT TO SEC. 286.011(8) (1993), F.S.S.), TO BE HELD ON
MAY 11, 1995 AT 8:00 A.M., IN THE CITY MANAGER'S CONFERENCE ROOM
FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION IN POTTINGER V.
CITY OF MIAMI, UNITED STATES DISTRICT COURT CASE NO. 88-2406 CIV-
ATKINS, APPEALS PENDING, UNITED STATES COURT OF APPEALS FOR THE
ELEVENTH CIRCUIT CASE NO. 91-5316 AND 92-5145.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
NOTE FOR THE RECORD: Commissioner De Yurre enters the
Commission ChambFr at 2:46 p.m.
117 April 27, 1995
----------------------------------------------------------------------------------------------------------------
39. CONTINUE ENTIRE PLANNING AND ZONING AGENDA OF TODAY'S
DATE TO MAY 1, 1995, COMMENCING AT 4:30 P.M.
----------------------------------------------------------------------------------------------------------------
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-295
A MOTION CONTINUING THE ENTIRE PLANNING AND ZONING AGENDA OF
TODAY TO MAY 1, 1995 BEGINNING AT 4:30 P.M.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: Due to an electrical power outage at
City Hall, the proceedings were adjourned at 2:46 p.m. until
Monday, May 1, 1995, at 2:30 p.m.
118 April 27, 1995