HomeMy WebLinkAboutCC 1995-05-11 MinutesOF t E,ETING HELD ON
MAY 11, 1995
REGULAR
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY FALL
WALTER J. FOEMAN
CITY CLERK
INDEX
MINUTES OF REGULAR MEETING
May 11, 1995
ITEM
SUBJECT
LEGISLATION
PAGE
I NO.
II
NO.
I
j 1.
EXPRESS SYMPATHY AND CONDOLENCES
R 95-344
2
TO FAMILY AND FRIENDS OF ARTHUR
5/11/95
HILL.
2.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION
3
SPECIAL ITEMS.
5/11/95
3.
CONSENT AGENDA -- DISCUSSION
DISCUSSION
3-7
CONCERNING MODIFICATIONS OF CA-
5/11/95
10, CA-12 AND CA-16 --
COMMISSIONER DAWKINS DIRECTS
ADMINISTRATION, IN FUTURE, TO
DEFER CONSENT AGENDA ITEMS WHICH
REQUIRE MODIFICATION -- ALL
AMENDMENTS TO BE PREPARED PRIOR
TO DISTRIBUTION OF AGENDA.
3.1.
AUTHORIZE FUNDING OF YOUTH OF
R 95-345
7
AMERICA, INC. -- ALLOCATE FUNDS
5/11/95
($37,959) FROM LAW ENFORCEMENT
TRUST FUND (LETF).
3.2.
ACCEPT BID: ACME GROUP, INC. --
R 95-346
7
FOR HAULING 50 LOADS OF RUBBLE
5/I1/95
FROM PUBLIC WORKS DEPARTMENT'S
SOUTH FORK STORAGE YARD TO A
LEGITIMATE / LEGAL DUMP SITE --
ALLOCATE FUNDS ($12,132).
3.3.
ACCEPT BID: LEADEX CORP. -- FOR
R 95-347
8
FURNISHING / INSTALLATION OF
5/11/95
PLAYGROUND EQUIPMENT AT EATON
PARK -- FOR DEPARTMENT OF PARKS &
RECREATION -- ALLOCATE FUNDS
($10,740) FROM CIP.
r
3.4. AUTHORIZE CITY MANAGER TO
NEGOTIATE / ESTABLISH / APPLY
SPECIAL CHARGES / TERMS /
CONDITIONS, ON AN INDIVIDUAL
BASIS, RELATED TO CURTIS PARK
SPORTS COMPLEX -- RESCIND ALL
PREVIOUSLY ESTABLISHED CHARGES /
TERMS / CONDITIONS -- ISSUE PARK
PERMITS) FOR USE OF SAID
FACILITY.
3.5. (1) RESCIND RESOLUTION 94-727,
WHEREBY A CONTRACT FOR FURNISHING
/ INSTALLING A COUNTER AT DINNER
KEY MARINA, FOR DEPARTMENT OF
CONFERENCES, CONVENTIONS AND
PUBLIC FACILITIES, WAS AWARDED TO
AND SUBSEQUENTLY DEFAULTED UPON
BY SOVEREIGN CONSTRUCTION --
NULLIFY CONTRACT; (2) ACCEPT
BID: ADOLFO HERNANDEZ (SECOND
LOWEST BIDDER) FOR THIS
PROJECT -- ALLOCATE FUNDS
($7,800).
3.6. RATIFY CITY MANAGER'S EMERGENCY
ACTION IN WAIVING COMPETITIVE
SEALED BIDS -- FOR PURCHASE OF
LIGHT POLES AND RELATED
ELECTRICAL EQUIPMENT -- FROM
VARIOUS VENDORS -- FOR PAN
AMERICAN DRIVE MEDIAN IMPROVEMENT
PROJECT -- ALLOCATE FUNDS
($13,043.57) FROM CIP 415002.
3.7. RATIFY CITY MANAGER'S EMERGENCY
ACTION IN WAIVING COMPETITIVE
SEALED BIDS -- FOR REPAIRS TO
BAYFRONT PARK ELECTRICAL
SERVICE -- BY EDD HELMS
ELECTRICAL CONTRACTING --
ALLOCATE FUNDS ($7,695.32) FROM
CIP 331305.
R 95-348
5/11/95
R 95-349
5/11/95
R 95-350
5/11/95
R 95-351
5/11/95
C
oj
I
10
3.8. AUTHORIZE CITY MANAGER TO EXECUTE
MEMORANDUM OF AGREEMENT WITH THE
FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA), ON BEHALF OF THE
SOUTH FLORIDA URBAN SEARCH AND
RESCUE TASK FORCE AND CEDARS
MEDICAL CENTER -- FOR THE PURPOSE
OF CEDARS MEDICAL CENTER
MAINTAINING / PROVIDING AN
EXPENDABLE MEDICAL CACHE OF
SPECIFIC DRUGS / SUPPLIES FOR
DISASTER RESPONSE, CONTINGENT
UPON FUNDING FOR SAID SUPPLIES
USED, DURING AN ACTIVATION BEING
100% REIMBURSABLE FROM STATE OF
FLORIDA OR FEDERAL SOURCES.
3.9. AUTHORIZE CITY MANAGER TO
ALLOCATE $50,000 IN COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS FROM 18TH YEAR CDBG LITTLE
HAITI RESERVE -- TO PROVIDE FUNDS
TO ASSIST THE CENTER FOR HAITIAN
STUDIES, INC. WITH RENOVATION OF
THE CENTER FOR HAITIAN STUDIES
BUILDING -- EXECUTE AGREEMENT.
3.10. ACCEPT TWO GRANTS ($45,000 EACH)
FROM STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
UNDER THE SPECIAL WATERWAY
PROJECTS PROGRAM FOR: (1) DOCK
RENOVATIONS AT LEGION PARK, AND
(2) DOCK FACILITY AT MORNINGSIDE
PARK -- EXECUTE NECESSARY
DOCUMENTS.
3.11. AUTHORIZE CITY MANAGER TO ACCEPT
$79,000 GRANT FROM MILDRED AND
CLAUDE PEPPER FOUNDATION -- TO BE
USED FOR REPAIRS / IMPROVEMENTS
TO THE MILDRED AND CLAUDE PEPPER
FOUNTAIN IN BAYFRONT PARK --
EXECUTE NECESSARY DOCUMENTS.
3.12. CLAIM SETTLEMENT: FELIPE &
ALICIA RODRIGUEZ ($50,000).
R 95-352
5/11/95
R 95-353
5/11/95
R 95-354
5/11/95
R 95-355
5/11/95
R 95-356
5/11/95
10
11
11
12
3.13. CLAIM SETTLEMENT: COLUMBUS R 95-357 12-13
KENNEY ($37,500). 5/11/95
3.14.
RESCIND RESOLUTION 94-431,
R 95-358 13
WHEREBY ORANGE BOWL COMMITTEE WAS
5/11/95
URGED TO KEEP THE ORANGE BOWL
CLASSIC FOOTBALL GAME AT THE
ORANGE BOWL STADIUM, AND WAS
PROHIBITED TO USE ANY CITY FUNDS
IN SUPPORT OF SAID GAME OR ORANGE
BOWL COMMITTEE FESTIVITIES IF
SAID GAME WAS MOVED TO ANOTHER
SITE -- STIPULATE THAT ORANGE
BOWL COMMITTEE PAY EXPENSES OF
ORANGE BOWL PARADE IF SAID GAME
IS PLAYED AT A SITE OTHER THAN
ORANGE BOWL STADIUM.
3.15.
ACCEPT PLAT: GRAVES SUBDIVISION.
R 95-359 13-14
5/11/95
4.
APPOINT BIJAN NAKHJAVAN TO SERVE
R 95-360 14-15
AS A MEMBER OF THE MIAMI RIVER
5/11/95
COORDINATING COMMITTEE.
5.
DEFER APPOINTMENTS OF INDIVIDUALS
DISCUSSION 15-16
TO SERVE AS MEMBERS OF: (A) LATIN
5/11/95
QUARTER REVIEW BOARD; (B)
COMMISSION ON THE STATUS OF
WOMEN; (C) PLANNING ADVISORY
BOARD, AND (D) ZONING BOARD.
6.
URGE NOMINATING COMMITTEE OF THE
M 95-361 16-18
PERFORMING ARTS CENTER TRUST
5/11/95
(P.A.C.T.) TO INCLUDE
COMMISSIONERS WIFREDO "WILLY"
GORT AND VICTOR DE YURRE IN
PROPOSED SLATE OF NOMINEES FROM
WHICH APPOINTEES TO P.A.C.T. WILL
ULTIMATELY BE CHOSEN.
7. BRIEF COMMENTS BY CITY ATTORNEY DISCUSSION 19
CONCERNING PLANNING AND ZONING 5/11/95
ITEMS BEING TAKEN UP BEFORE 5:00
P.M.
8. DISCUSS AND TEMPORARILY TABLE DISCUSSION 19-23
CONSIDERATION OF PROPOSAL TO 5/11/95
EXTEND TO CITY CLERK TERMS OF
RETIREMENT INCENTIVE PROGRAM FOR
GENERAL EMPLOYEES. (See label
61).
9. CREATE TASK FORCE (COMPRISED OF
M 95-362 23-30
MEMBERS FROM CITY OF MIAMI,
5/11/95
METRO-DADE COUNTY AND STATE OF
FLORIDA) TO ADDRESS CERTAIN
STREET -RELATED ISSUES AROUND 2900
N.W. 36 STREET (BILL SEIDLE'S
NISSAN) -- DESIGNATE COMMISSIONER
GORT TO COORDINATE SAID TASK
FORCE AND MAKE RECOMMENDATIONS AT
NEXT COMMISSION MEETING --
STIPULATE THAT COMMISSIONER
DAWKINS AND FRANK CASTANEDA
(DIRECTOR, NEIGHBORHOOD
ENHANCEMENT TEAMS [NET]) CONTACT
REPRESENTATIVES OF ECONOMIC
DEVELOPMENT AGENCIES TO IDENTIFY
GRANT MONIES.
10. (A) RESCIND RESOLUTIONS 88-888
R 95-363 30-66
AND 94-833 -- AUTHORIZE THE
R 95-1
COMMUNITY REDEVELOPMENT AGENCY
R 95-2
FOR THE OMNI REDEVELOPMENT
5/11/95
DISTRICT (CRA) TO EXECUTE
INTERLOCAL COOPERATION AGREEMENT
WITH METROPOLITAN DADE COUNTY --
TO ESTABLISH RESPONSIBILITIES
RELATIVE TO PROPOSED HOMELESS
HOUSING COMPONENT.
(B) DESIGNATE COMMISSIONER
DAWKINS AS CHAIRMAN AND MAYOR
CLARK AS VICE CHAIRMAN OF THE
COMMUNITY REDEVELOPMENT AGENCY
FOR THE OMNI REDEVELOPMENT
DISTRICT (CRA) -- AUTHORIZE
COMMISSIONER DAWKINS TO EXECUTE
ALL DOCUMENTS ON BEHALF OF CRA.
(C) SCHEDULE TWO PUBLIC HEARINGS
(WITHIN NEXT 60 DAYS) CONCERNING
PROPOSAL TO AMEND OMNI AREA
REDEVELOPMENT PLAN RELATIVE TO
PROPOSED HOMELESS HOUSING
COMPONENT AND THE PERFORMING ARTS
CENTER -- ONE PUBLIC HEARING TO
BE HELD IN AFFECTED DISTRICT AND
ONE IN CITY HALL COMMISSION
CHAMBERS.
11. DISCUSS AND DEFER CONSIDERATION
DISCUSSION 66-70
OF PROPOSED RESOLUTION TO EXECUTE
5/11/95
AGREEMENT WITH MONTE CARLO CASINO
CRUISES FOR DOCK SPACE AT CITY -
OWNED MIAMARINA TO VERIFY
LEGALITY.
12. RATIFY MANAGER'S FINDING OF SOLE R 95-366
SOURCE -- WAIVE REQUIREMENT FOR 5/11/95
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF SATELLITE
SCREEN FROM RAY PACE WASTE
EQUIPMENT COMPANY FOR DEPARTMENT
OF CENTRAL SERVICES AND SOLID
WASTE -- ALLOCATE FUNDS ($7,860)
FROM THE RECYCLING AND EDUCATION
GRANT FUND.
13. RATIFY MANAGER'S FINDING OF SOLE R 95-367
SOURCE -- WAIVE REQUIREMENT FOR 5/11/95
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF DRAEGER
BREATHING APPARATUS AND
ACCESSORIES FROM NATIONAL
DRAEGER, INC. FOR FIRE -RESCUE
DEPARTMENT -- ALLOCATE FUNDS
($27,000) FROM CIP 313825.
14. RATIFY MANAGER'S FINDING OF SOLE R 95-368
SOURCE -- WAIVE REQUIREMENT FOR 5/11/95
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF A LIFE
DETECTION VICTIM LOCATOR SYSTEM
FROM DELSAR, INC. FOR FIRE -RESCUE
DEPARTMENT -- ALLOCATE FUNDS
($12,000) FROM CIP 313825.
15. APPOINT VICE MAYOR PLUMMER AS
R 95-369
CHAIRPERSON OF THE INTERNATIONAL
5/11/95
TRADE BOARD (ITB) (JUNE 1 -
SEPTEMBER 30, 1995).
16. RATIFY MANAGER'S FINDING OF SOLE
R 95-370
SOURCE -- WAIVE REQUIREMENT FOR
5/11/95
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF AIR BAGS AND
US & R RESCUE EQUIPMENT FROM TEAM
EQUIPMENT, INC. FOR FIRE -RESCUE
DEPARTMENT -- ALLOCATE FUNDS
($34,500) FROM CIP 313825.
17. RATIFY MANAGER'S FINDING OF SOLE
R 95-371
SOURCE -- WAIVE REQUIREMENT FOR
5/11/95
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF A COMPUTER
VOICE STRESS ANALYZER FROM
NATIONAL INSTITUTE FOR TRUTH
VERIFICATION FOR POLICE
DEPARTMENT -- ALLOCATE FUNDS
($8,700) FROM LAW ENFORCEMENT
TRUST FUND (LETF).
71-72
72-73
73-76
76-85
1__
18. RATIFY MANAGER'S FINDING OF SOLE
SOURCE -- WAIVE REQUIREMENT FOR
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF ADDITIONAL
MODULES, MAINTENANCE AND SUPPORT
TO EXPAND THE AUTOMATED
PURCHASING SYSTEM FROM ADVANCED
PROCUREMENT SYSTEMS FOR FINANCE
DEPARTMENT -- ALLOCATE FUNDS
($37,306).
19. RATIFY MANAGER'S FINDING OF SOLE
SOURCE -- WAIVE REQUIREMENT FOR
COMPETITIVE SEALED BIDS --
APPROVE PURCHASE OF AN EXPANDED
COMMODITY CODE FROM THE NATIONAL
INSTITUTE OF GOVERNMENTAL
PURCHASING, INC. FOR FINANCE
DEPARTMENT -- ALLOCATE FUNDS
($8,200).
20. WAIVE PROHIBITION CONTAINED IN
CITY CODE SECTIONS 2-301 - 2-304
AS IT APPLIES TO JUAN H. KOURI,
WHO SERVES ON THE CITY OF MIAMI
HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) ADVISORY BOARD
(EMPLOYER: THE HIV / AIDS
PLANNING AND MANAGEMENT
ORGANIZATION), BEING THE
SUCCESSFUL PROPOSER FOR PROVISION
OF SERVICES IN CONNECTION WITH
THE CITY'S 1994 HOPWA PROGRAM
ALLOCATION FROM U.S. HUD.
R 95-372
5/11/95
R 95-373
5/11/95
R 95-374
5/11/95
90-91
k.,
21. WAIVE PROHIBITION CONTAINED IN
CITY CODE SECTIONS 2-301 - 2-304
AS IT APPLIES TO THE FOLLOWING
INDIVIDUALS WHO SERVE ON THE CITY
OF MIAMI HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA)
ADVISORY BOARD, AND BEING THE
SUCCESSFUL PROPOSERS FOR
PROVISION OF SERVICES IN
CONNECTION WITH THE CITY'S 1994
HOPWA PROGRAM ALLOCATION FROM
U.S. HUD: (1) FRANKIE SWAIN
(EMPLOYER.: ECONOMIC OPPORTUNITY
FAMILY HEALTH CENTER); (2)
LAVERNE TAYLOR (EMPLOYER:
METROPOLITAN DADE COUNTY'S
DEPARTMENT OF HUMAN RESOURCES /
OFFICE OF COMMUNITY SERVICES);
AND (3) MARY FRANCES WELDON
(EMPLOYER: CHRISTIAN COMMUNITY
SERVICE AGENCY).
22.
23.
BRIEFLY DISCUSS AND WITHDRAW
PROPOSED RESOLUTION TO AUTHORIZE
ISSUANCE OF RFP ON MAY 30, 1995,
FOR UDP CONSISTING OF DEVELOPMENT
OF A BOATYARD FACILITY, AND
OPTIONAL.ANCILLARY MARINE -RELATED.
RETAIL / RECREATIONAL USES ON
CITY -OWNED WATERFRONT -PROPERTY AT
3501 RICKENBACKER CAUSEWAY,
VIRGINIA KEY.
POSTPONE - - PUBLIC - HEARING-
_ (SCHEDULED FOR - MAY 11, 1995) TO
DATE DETERMINED - BY -CITY
MANAGER -- SAID PUBLIC HEARING TO
TAKE TESTIMONY REGARDING DRAFT
RFP FOR UDP CONSISTING OF
DEVELOPMENT OF A BOATYARD
FACILITY, AND OPTIONAL ANCILLARY
MARINE -RELATED RETAIL /
RECREATIONAL USES ON CITY -OWNED
WATERFRONT PROPERTY AT 3501
RICKENBACKER CAUSEWAY, VIRGINIA
KEY.
24. GRANT REQUEST BY REPRESENTATIVES
OF MORNINGSIDE CIVIC ASSOCIATION
TO ADOPT CITY COMMISSION POLICY
THAT CERTAIN BARRICADES IN
MORNINGSIDE NEIGHBORHOOD BE
DESIGNATED NON -EMERGENCY TYPE
ACCESS BARRICADES.
R 95-375
R 95-376
R 95-377
5/11/95
DISCUSSION
5/11/95
R 95-378-
5/11/95 -
M 95-379
5/11/95
92-94
94-96
96--97 .
97-100
I
25.
APPROVE FUNDING OF EIGHT
R 95-380 100-103
ORGANIZATIONS TO PROVIDE
5/11/95
ASSISTANCE TO PERSONS WITH HIV /
AIDS OR RELATED DISEASES --
ALLOCATE FUNDS FROM 1994 HOUSING
OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) PROGRAM GRANT --
EXECUTE INDIVIDUAL AGREEMENTS
WITH: (1) ECONOMIC OPPORTUNITY
FAMILY HEALTH CENTER; (2) DADE
COUNTY DEPARTMENT OF SPECIAL
HOUSING PROGRAMS; (3) CHRISTIAN
COMMUNITY SERVICE AGENCY; (4)
CENTER FOR HAITIAN STUDIES; (5)
DADE COUNTY DEPARTMENT OF HUMAN
RESOURCES (OFFICE OF COMMUNITY
SERVICES); (6) HIV / AIDS
PLANNING & MANAGEMENT
ORGANIZATION; (7) LOCK TOWNS
COMMUNITY MENTAL HEALTH CENTER,
AND (8) SMALL BUSINESS
OPPORTUNITY CENTER.
26.
PERSONAL APPEARANCE: MR. PERCY
DISCUSSION 103-106
A. BROWN, PRESIDENT, BONDS
5/11/95
ALLIANCE ENTERPRISES, INC.
CONCERNING DENIAL OF LOAN
APPLICATION BY MIAMI CAPITAL
DEVELOPMENT, INC. -- DISCUSSION
DEFERRED FOR WRITTEN REQUEST.
27.
PERSONAL APPEARANCE: MR. MANNY
DISCUSSION 106-109
GONZALEZ CONCERNING COMPREHENSIVE
5/11/95
CAMPAIGN FINANCE REFORM FOR CITY
ELECTIONS.
28.
GRANT REQUEST BY FLORIDA
R 95-381 109-110
FEDERATION OF GARDEN CLUBS, INC.
5/11/95
FOR USER FEE WAIVER IN CONNECTION
WITH FLOREXPO '96 TO BE HELD IN
COCONUT GROVE CONVENTION CENTER
(NOVEMBER 1-5, 1996).
29.
EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE 111-112
NEW SPECIAL REVENUE FUND: SUMMER
11259
FOOD SERVICE PROGRAM FOR CHILDREN
5/11/95
1995 -- APPROPRIATE FUNDS
($337,413), CONSISTING OF GRANT
FROM U.S. DEPARTMENT OF
AGRICULTURE (USDA) THROUGH
FLORIDA DEPARTMENT OF
EDUCATION -- AUTHORIZE MANAGER TO
ACCEPT GRANT -- EXECUTE NECESSARY
DOCUMENT(S).
k-.
30. AUTHORIZE METROPOLITAN DADE
COUNTY (ON BEHALF OF CITY OF
MIAMI) TO ACCEPT BIDS) OF
VENDOR(S) TO PROVIDE U.S.
DEPARTMENT OF AGRICULTURE (USDA)
APPROVED MEALS TO ELIGIBLE
CHILDREN FOR THE CITY'S SUMMER
FOOD SERVICE PROGRAM - 1995 --
AUTHORIZE: (1) METROPOLITAN DADE
COUNTY TO ENTER INTO NECESSARY
CONTRACT(S), AND (2) CITY MANAGER
TO DIRECT CHIEF PROCUREMENT
OFFICER TO ISSUE NECESSARY
PURCHASE ORDER(S), CONDITIONED
UPON CITY'S ACCEPTANCE OF GRANT
($337,413) FROM USDA THROUGH
FLORIDA DEPARTMENT OF EDUCATION.
31. EMERGENCY ORDINANCE: ESTABLISH
NEW SPECIAL REVENUE FUND: STREET
TREE INVENTORY -- APPROPRIATE
FUNDS ($25,000), CONSISTING OF
GRANT FROM FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER
SERVICES, FORESTRY DIVISION.
32. AUTHORIZE CITY MANAGER TO EXECUTE
AGREEMENT WITH FOREST RESOURCES
MANAGEMENT, INC. -- FOR
PROFESSIONAL SERVICES CONCERNING
PREPARATION OF A STREET TREE
INVENTORY PROGRAM (MAY 11 -
SEPTEMBER 30, 1995) -- ALLOCATE
FUNDS ($21,500) FROM SPECIAL
REVENUE FUND: STREET TREE
INVENTORY.
33. EMERGENCY ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND: GEOGRAPHIC
TARGETING PROGRAM -- APPROPRIATE
FUNDS ($40,000) -- ACCEPT GRANT
($40,000) FROM MONROE COUNTY
SHERIFF'S DEPARTMENT -- EXECUTE
NECESSARY DOCUMENTS.
34. EMERGENCY ORDINANCE: ESTABLISH
INITIAL RESOURCES /
APPROPRIATIONS FOR SPECIAL
REVENUE FUND: HIDTA ASSET
FORFEITURE RESEARCH -- ACCEPT
GRANT ($25,000) FROM MONROE
COUNTY SHERIFF'S DEPARTMENT --
EXECUTE NECESSARY DOCUMENTS.
R 95-382
5/11/95
ORDINANCE
11260
5/11/95
R 95-383
5/11/95
ORDINANCE
11261
5/11/95
ORDINANCE
11262
5/11/95
112-113
113-117
117-118
118-119
120-121
1�
35. EMERGENCY ORDINANCE: AMEND
ORDINANCE 11127, WHICH
ESTABLISHED INITIAL RESOURCES /
APPROPRIATIONS FOR SPECIAL
REVENUE FUND: HAITIAN NARCOTICS
ENFORCEMENT -- ACCEPT GRANT
($75,000) FROM U.S. DEPARTMENT OF
JUSTICE, OFFICE OF JUSTICE
PROGRAMS -- EXECUTE NECESSARY
DOCUMENTS -- DIRECT
ADMINISTRATION TO PROVIDE MONTHLY
EXPENDITURE REPORTS ON THE
HAITIAN NARCOTICS ENFORCEMENT
FUND.
36. EMERGENCY ORDINANCE: ESTABLISH
INITIAL RESOURCES /
APPROPRIATIONS FOR SPECIAL
REVENUE FUND: VIOLENT CRIME /
SEXUAL BATTERY -- ACCEPT GRANT
($20,268) FROM FLORIDA DEPARTMENT
OF LAW ENFORCEMENT -- EXECUTE
NECESSARY DOCUMENTS -- DIRECT
ADMINISTRATION TO PROVIDE MONTHLY
EXPENDITURE REPORTS ON THE
VIOLENT CRIME / SEXUAL BATTERY
FUND.
37. FIRST READING ORDINANCE: AMEND
CODE CHAPTER 30, ARTICLE II (CITY
DAY CARE PROGRAM), SECTION 30-26
(FEE SCHEDULE) -- INCREASE FEES
CHARGED FOR USE OF CITY DAY CARE
FACILITIES -- ADD NEW SECTION 30-
27 (PRE-SCHOOL FEE SCHEDULE) --
ESTABLISH FEES FOR USE OF CITY
PRE-SCHOOL FACILITIES -- PROVIDE
FOR ANNUAL REVIEW / ADJUSTMENT OF
SAID FEES BY CITY MANAGER --
DIRECT ADMINISTRATION TO PROVIDE
LIST OF HOME ADDRESSES FOR EACH
PARTICIPANT IN THE DAY CARE
PROGRAM.
ORDINANCE
11263
5/11/95
ORDINANCE
11264
5/11/95
ORDINANCE
FIRST
READING
5/11/95
121-123
124-125
125-128
k'_
38.
(A) FIRST READING ORDINANCE:
M 95-383.1 129-131
AMEND CODE SECTION 38-9 (PARK
ORDINANCE
FEES FOR USE OF VIRGINIA KEY
FIRST
PARK) -- REVISE FEE SCHEDULES FOR
READING
VIRGINIA KEY PARK -- ADD SECTION
5/11/95
38-10 (FUTURE PARK FEES FOR USE
OF VIRGINIA KEY PARK) --
AUTHORIZE CITY MANAGER TO
ESTABLISH FEE SCHEDULES ANNUALLY
(BEGINNING APRIL 1, 1996).
(B) INSTRUCT CITY MANAGER TO
ADJUST VIRGINIA PARK FEES IN
ORDER TO BREAK EVEN ON COST OF
RUNNING SAID PARK, FAILING WHICH,
TO CLOSE PARK.
39.
FIRST READING ORDINANCE: AMEND
ORDINANCE 131-132
CODE, ARTICLE VI, CHAPTER 54
FIRST
(SIDEWALK CAFES), SECTIONS 54-111
READING
& 54-117 -- PROVIDE FOR QUARTERLY
5/11/95
PAYMENT OF PERMIT FEES, WITH
PROVISOS.
40.
FIRST READING ORDINANCE: AMEND
ORDINANCE 133-134
CODE, SECTION 18-80 (AUTHORITY TO
FIRST
SELL), CHAPTER 18 (ARTICLE V.
READING
SALE OF REALTY) -- EXTEND TO
5/11/95
GOVERNMENTAL ENTITIES IN GENERAL
PREFERRED PURCHASE OPPORTUNITIES
TO ACQUIRE SURPLUS REALTY,
SUBJECT TO SUCH PURCHASING ENTITY
AGREEING TO MAKE CONTRIBUTIONS TO
THE CITY'S PAYMENT -IN -LIEU OF
TAXES (P.I.L.O.T.) PROGRAM AS A
PROPERTY SPECIFIC CONDITION
PRECEDENT TO ACQUIRING A REALTY
PARCEL ON A PREFERENTIAL BASIS.
41.
ACCEPT $60,000 FROM DADE COUNTY
R 95-384 135-136
SCHOOL BOARD AS CONTRIBUTION FOR
5/11/95
REOPENING / CONSTRUCTION OF
JEFFERSON STREET BETWEEN
WASHINGTON AVENUE AND CHARLES
AVENUE -- AUTHORIZE CITY MANAGER
TO ENTER INTO AGREEMENT WITH DADE
COUNTY SCHOOL BOARD, WHEREBY CITY
SHALL ASSUME RESPONSIBILITY FOR
CONSTRUCTION OF ROADWAY, AND
ALLOW SCHOOL BOARD TO AUDIT
PROJECT ACCOUNTING RECORDS --
INCLUDE PAVING OF BOOKER STREET.
i,r
42.
FIRST READING ORDINANCE: AMEND
ORDINANCE
11205 (CAPITAL IMPROVEMENT
FIRST
APPROPRIATIONS ORDINANCE) --
READING
ESTABLISH NEW CAPITAL IMPROVEMENT
5/11/95
PROJECT: JEFFERSON STREET PAVING
PROJECT PHASE II ($60,000) --
INCLUDE PAVING OF BOOKER STREET.
43.
URGE PERFORMING ARTS CENTER TRUST
R 95-385
(P.A.C.T.) TO FULLY INTEGRATE
5/11/95
ADAPTIVE REUSE OF HISTORIC SEARS
BUILDING INTO METRO-DADE
PERFORMING ARTS CENTER DESIGN
SELECTION.
44.
AMEND RESOLUTION 94-409, WHEREBY
R 95-386
$70,000 FROM CAPITAL IMPROVEMENT
5/11/95
PROGRAM FOR SEMI PERMANENT
FENCING FOR SOUTH END OF BAYFRONT
PARK WAS AUTHORIZED --
EXPENDITURE TO BE USED INSTEAD
FOR: (1) INSTALLATION OF SOUTH
END IRRIGATION SYSTEM; (2)
PURCHASE OF SOUTH END SOUND AND
LIGHT SYSTEM; AND (3) REPLACEMENT
LASER TUBE FOR LASER TOWER.
45.
DISCUSS AND DEFER (TO NEXT
DISCUSSION
MEETING) CONSIDERATION OF
5/11/95
PROPOSED RESOLUTION TO AUTHORIZE
CITY MANAGER 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 THE 150-UNIT
MELROSE TOWNHOME PROJECT IN
ALLAPATTAH.
136-137
137-138
139-140
140-141
k�
46. (A) REJECT ALL PROPOSALS RECEIVED
FROM CERTIFIED PUBLIC ACCOUNTING
(CPA) FIRMS IN CONNECTION WITH
UNIFIED DEVELOPMENT OF: (1) MIAMI
MARINE STADIUM AND RELATED
FACILITIES ON VIRGINIA KEY; (2)
MEGA YACHT MARINA AND RELATED
FACILITIES ON WATSON ISLAND, AND
(3) CAMPGROUND AND RELATED
FACILITIES ON VIRGINIA KEY --
INSTRUCT ADMINISTRATION TO ISSUE
REQUEST FOR NEW PROPOSALS.
(B) APPOINT INDIVIDUALS TO
SELECTION REVIEW COMMITTEES: (1)
MIAMI MARINE STADIUM: TERESA
BENACH; (2) MEGA YACHT MARINA:
CAPTAIN BOB LEWIS, AND (3)
VIRGINIA KEY CAMPGROUND: GENE
HANCOCK. (See label 60)
47. POSTPONE PUBLIC HEARINGS (MAY 11,
1995) TO DATE TO BE DETERMINED BY
CITY MANAGER CONCERNING RFP FOR
UDP CONSISTING OF DEVELOPMENT OF:
(1) A SPECIALTY BOTANICAL GARDEN
ATTRACTION ON CITY -OWNED
WATERFRONT PROPERTY ON N.E. SIDE
OF WATSON ISLAND, AND (2) A FULL -
SERVICE BOAT YARD / MARINA
FACILITY AND ANCILLARY RETAIL
USES, INCLUDING A PUBLIC MARKET
FACILITY AND/OR AN HISTORIC
INTERPRETIVE FACILITY ON CITY -
OWNED WATERFRONT PROPERTY AT 2640
SOUTH BAYSHORE DRIVE.
48. ACCEPT RECOMMENDATION OF AUDIT
ADVISORY COMMITTEE FOR MOST
QUALIFIED TEAM OF CERTIFIED
PUBLIC ACCOUNTING (CAP) FIRMS
PROPOSING SERVICES TO PROVIDE
EXTERNAL AUDITING AND ADDITIONAL
SERVICES -- AUTHORIZE CITY
MANAGER TO NEGOTIATE CONTRACT
WITH RECOMMENDED TEAM: (1)
DELOITTE & TOUCHE, LLP; (2)
SHARPTON, BRUNSON & COMPANY, (3)
SANSON, KLINE, JACOMINO &
COMPANY, AND (4) WATSON &
COMPANY -- ALLOCATE FUNDS
($331,200).
M 95-387
5/11/95
R 95-388
R 95-389
5/11/95
R 95-390
5/11/95
142-147
147-150
150-154
49. INSTRUCT ADMINISTRATION TO REJECT M 95-391
ALL PROPOSALS RECEIVED CONCERNING 5/11/95
UNDERWRITING TEAMS FOR
FORTHCOMING CITY OF MIAMI'S
NEGOTIATED TAX-EXEMPT AND TAXABLE
NOTE / BOND FINANCINGS --
INSTRUCT ADMINISTRATION TO
REQUEST NEW PROPOSALS, WHICH ARE
RESTRICTED TO LOCAL VENDORS AND
MINORITIES. (See label 53)
[Note: This was later
reconsidered and passed as R 95-
395.]
154-164
50. DISCUSS AND DEFER CONSIDERATION DISCUSSION 164-166
OF PROPOSED RESOLUTION TO ACCEPT 5/11/95
BID OF RICHLAND UNIFORM FOR
FURNISHING 180 EMS SURVEILLANCE
VESTS FOR FIRE -RESCUE DEPARTMENT.
51. DISCUSS AND DEFER CONSIDERATION M 95-392 166-171
OF PROPOSED RESOLUTION TO ACCEPT 5/11/95
BID OF SOUTHERN AMBULANCE FOR
PURCHASE OF 10 NEW RESCUE
VEHICLES (UTILIZING EXISTING CITY
OF JACKSONVILLE BID NO. SC-0540-
93) FOR FIRE -RESCUE DEPARTMENT
($1,000,000) -- DIRECT
ADMINISTRATION TO RESCHEDULE FOR
NEXT MEETING, PROVIDING CHARTS /
GRAPHIC ILLUSTRATIONS SHOWING:
(1) LOCATION OF CURRENT /
PROPOSED 10 NEW CITY RESCUE
UNITS; (2) FIRE STATIONS
PROPOSING TO SELL VEHICLES AND
CONSEQUENT EFFECT ON RESPONSE
TEAMS, AND (3) TYPE OF EQUIPMENT
NEEDED IN EACH FIRE STATION --
DIRECT ADMINISTRATION TO EVALUATE
/ INCREASE CITY FEES FOR
EMERGENCY SERVICES TO ENSURE THEY
ARE SAME AS PRIVATE SECTOR.
52. AUTHORIZE CITY MANAGER TO ISSUE R 95-393 171-175
REQUEST FOR PROPOSALS (RFP) -- TO 5/11/95
PROVIDE SERVICES CONCERNING ALL
PHASES OF RISK MANAGEMENT FOR THE
CITY -- ESTABLISH REVIEW
COMMITTEE.
53.
(Continued Discussion)
M 95-394
RECONSIDER PRIOR MOTION TO REJECT
R 95-395
ALL PROPOSALS RECEIVED -- SELECT
5/11/95
/ APPOINT TWO UNDERWRITING TEAMS
FOR FORTHCOMING CITY OF MIAMI'S
NEGOTIATED TAX-EXEMPT AND TAXABLE
NOTE AND BOND FINANCING -- REBID
FOR LOCAL VENDORS AND MINORITIES
(See label 49)
54.
AUTHORIZE CITY MANAGER TO EXECUTE
R 95-396
AGREEMENT WITH BROWNING-FERRIS
5/11/95
INDUSTRIES OF FLORIDA, INC.
(BFI) -- FOR PROCESSING
COMMINGLED RECYCLABLE MATERIALS
FROM RESIDENTIAL CURBSIDE
RECYCLING PROGRAM AT BFI'S
MATERIALS RECOVERY FACILITY (2380
COLLEGE AVENUE, DAVIE).
55.
CLAIM SETTLEMENT: BISHOP WALLACE
R 95-397
($85,000).
5/11/95
56.
DISCUSSION CONCERNING PROBLEMS OF
DISCUSSION
TOWING COMPANIES (NOLAN AND
5/11/95
MIDTOWN).
57.
ACCEPT BID (TOTAL BID): HALMAC
R 95-398
DEVELOPMENT, INC. -- FOR PROJECT:
5/11/95
LITTLE LEAGUE BASEBALL FIELD AT
ORANGE BOWL GROUNDS (SECOND
BIDDING), B-6242 -- ALLOCATE
FUNDS ($63,000 - CONTRACT COST,
PLUS $5,080 - ESTIMATED EXPENSES,
TOTALING $68,080) -- EXECUTE
CONTRACT.
58.
ACCEPT BID (TOTAL BID): MET
R 95-399
CONSTRUCTION, INC. -- FOR
5/11/95
PROJECT: ORANGE BOWL
MODERNIZATION, PHASE III,
F.I.F.A. FIELD MODIFICATIONS, B-
3251 -- ALLOCATE FUNDS
($320,000 - CONTRACT COST, PLUS
$40,800 - ESTIMATED EXPENSES,
TOTALING $360,800) -- EXECUTE
CONTRACT.
175-182
182-183
183-184
It*=�:I 3
189-191
191-195 `
59.
DISPENSE WITH PROCEDURES FOR
R 95-400 195-197
PROCUREMENT OF PROFESSIONAL
5/11/95
SERVICES FOR DESIGN OF
ALTERATIONS TO EXISTING CITY OF
MIAMI HEAVY EQUIPMENT FACILITY TO
ACCOMMODATE A MOTOR POOL
MAINTENANCE SHOP -- RATIFY CITY
MANAGER'S FINDING THAT VALID
PUBLIC EMERGENCY EXISTS,
JUSTIFYING WAIVER OF SAID
PROCEDURES -- RECOGNIZE POST,
BUCKLEY, SCHUH, AND JERNIGAN,
INC. AS MOST QUALIFIED TO PROVIDE
ARCHITECTURAL / ENGINEERING
SERVICES -- AUTHORIZE CITY
MANAGER TO NEGOTIATE / EXECUTE
PROFESSIONAL SERVICES
AGREEMENT -- ALLOCATE FUNDS
($46,600) FROM CIP 311018.
60.
(Continued Discussion) APPOINT
M 95-401 198-201
INDIVIDUALS TO SELECTION REVIEW
M 95-402
COMMITTEES TO EVALUATE PROPOSALS
5/11/95
FOR: (1) MIAMI MARINE STADIUM:
JOSEPH CORRAL & ALEX ALFONSO*
(*later withdrawn and replaced by
REV. JOHN F. WHITE); (2) MEGA
YACHT MARINA: MATTHEW CICERO &
MARK SMITH, AND (3) VIRGINIA KEY
CAMPGROUND: ROLANDO DELGADO &
REV. JOHN F. WHITE* (*later
replaced by BETTY SIME). (See
label 46)
61.
(Continued Discussion) PROVIDE
R 95-403 201-207
CITY OF MIAMI'S 1995 RETIREMENT
5/11/95
INCENTIVE PROGRAM FOR GENERAL
EMPLOYEES TO CITY CLERK. (See
label 8).
62.
AUTHORIZE CITY MANAGER TO MAKE
R 95-404 207-208
APPLICATION TO THE FLORIDA INLAND
5/11/95
NAVIGATION DISTRICT (WATERWAYS
ASSISTANCE PROGRAM) FOR $75,590
GRANT FUNDING FOR THE BAYWOOD
PARK SHORELINE ENHANCEMENT
PROJECT -- EXECUTE NECESSARY
DOCUMENTS AND PROVIDE REQUIRED
CERTIFICATIONS.
63.
APPOINT DARRYL SHARPTON AS A
R 95-405 208-209
MEMBER OF THE OCCUPATIONAL
5/11/95
LICENSE EQUITY STUDY COMMISSION.
64.
BRIEF COMMENTS BY VICE MAYOR
DISCUSSION
209-210
PLUMMER CONCERNING POLICY OF NO
5/11/95
CAR ACCIDENT REPORTS.
65.
ACCEPT BID: GAMMA ELECTRONIC --
R 95-406
210-211
FOR FURNISHING 62 HAND-HELD
5/11/95
j
RADIOS AND ACCESSORIES -- FOR
!
FIRE -RESCUE DEPARTMENT ON BEHALF
OF SOUTH FLORIDA URBAN SEARCH AND
RESCUE TASK FORCE -- ALLOCATE
FUNDS ($49,829) FROM CIP 313825.
66.
RESCHEDULE BOTH JUNE COMMISSION
R 95-407
211-214
MEETINGS TO TAKE PLACE ON JUNE 1,
5/11/95
1995.
67.
BRIEF COMMENTS CONCERNING
DISCUSSION
214-215
SCHEDULING OF COMMUNITY
5/11/95
DEVELOPMENT BLOCK GRANT (CDBG)
DISBURSEMENTS ON MAY 25TH AGENDA
t
AT 9:00 A.M.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 11th day of May, 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 9:11 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: An Attorney -Client session, closed to
the public, in connection with pending litigation in Pottinger v. City
of Miami, United States District Court Case Number 88-2406 CIV-
ATKINS, Appeals Pending, United States Court of Appeals for the
Eleventh Circuit, Case Numbers 91-5316 and 92-5145, was held
in the City Manager's Conference Room.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
Administration had withdrawn the following agenda items: CA-15,
8, 22A, 24, 26, 31, 46 & 64.
1 May 11, 1995
----------------------------------------------------------------------------------------------------------------
1. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS
OF ARTHUR HILL.
------------------------------------------------------ ---------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor, if I may.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: I think all of us were absolutely shocked at picking up this morning's
paper. Each and every one of us on last week had the opportunity to be with Mr. Arthur Hill.
He looked great at that time, when he was participating, as he always did, with this City, and this
particular endeavor was the Canadian Football Team, trying to bring it here to this community.
There is no question of the shock, but there's also no question of the great loss to this
community. He was a man of moderation. He was a man that was involved, and I would like to
pass a motion at this time that the condolences of the City be sent to his family in an appropriate
manner. I so move.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-344
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF ARTHUR J.
HILL, UPON HIS UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
2 May 11, 1995
----------------------------------------------------------------------------------------------------------------
2. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
(A) Plaque and Commendation: Jay Eitneir -- 1994 City of Miami Employee
of the Year (uniformed).
(B) Plaque and Commendation: Kathy Daegling -- 1994 City of Miami
Employee of the Year (non -uniformed).
(C) Special Recognition (by National Community Development Association):
Miami Capital Development, winners of the Audrey Nelson Community
Development Achievement Award for 1995. Award represents
culmination of national competition to identify / recognize exemplary use
of Community Development Block Grant (CDBG) Funds, addressing
needs of low / moderate income neighborhoods.
(D) Presentation to City Commissioners: Rosario Kennedy, on behalf of the
Miami Film Society -- 1995 Film Festival posters.
(E) Certification of Appreciation: Volunteers (12) -- for their contribution /
effort on behalf of Earth Day.
(VOTE FOR THE RECORD: Commissioner Plummer recognizes
Mrs. enne y s ecoming a grandmother.
---------------------------------------------------------------------------------------------------------------
3. CONSENT AGENDA -- DISCUSSION CONCERNING MODIFICATIONS OF
CA-10, CA-12 AND CA-16 -- COMMISSIONER DAWKINS DIRECTS
ADMINISTRATION, IN FUTURE, TO DEFER CONSENT AGENDA ITEMS
WHICH REQUIRE MODIFICATION -- ALL AMENDMENTS TO BE
PREPARED PRIOR TO DISTRIBUTION OF AGENDA.
------------------------------------ ---------------------------------------------------------------------------
Mayor Clark: Prior to the distribution of this agenda, CA-15, 8 and 46...
Commissioner Dawkins: And CA-2. CA-2 pulled for discussion at the next meeting, please.
Mayor Clark: Two, 15, 8, and 46.
Commissioner Dawkins: Now, I was given something, Mr. Manager, and I don't know, Mr.
Mayor, how to handle this. It's CA-12, and it says the Manager needs to modify on the floor
CA-12. I don't know what that means.
A. Quinn Jones, III, Esq. (City Attorney): Yeah. Commissioner, what this... You needed to...
The previous resolution, or the one that was distributed in your package has been modified such
that it will read, "Authorizing the acceptance of the grant, and further authorizing the Manager to
execute the necessary documents." That's the only change.
Mayor Clark: Is that acceptable?
3 May 11, 1995
k1-
Commissioner Dawkins: Yes, sir.
Mayor Clark: All right. Any other changes in the consent agenda?
Mr. Jones: On CA-10, Mr. Mayor, which also has been modified, just for the record, which has
been modified to include an allocation, and further authorizing the Manager to execute an
agreement in a form acceptable to the City Attorney.
Commissioner Dawkins: OK. We accept this, but from now on, when they're like this, pull
them from the agenda. Don't amend them up here, not CA.
Mayor Clark: Other discussions on the agenda? Any person in this audience...
Vice Mayor Plummer: CA-16. Clark Cook thought he was going to get by without it.
Mayor Clark: All right. What is this?
Vice Mayor Plummer: Mr. Mayor, what I would like to do is discuss it. I know the normal
policy is put it over to the next meeting, but if I could, I'd like to discuss it, instead of, if... that's
with your permission.
Commissioner Dawkins: OK. That's one of your pocket items.
Vice Mayor Plummer: Mr. Mayor, my concern, of course, happens to be... and the reason that
that matter is on our books presently is because of the fact that this Commission felt that we were
being slighted, or whatever you wish to call it, of the Orange Bowl Classic Bowl Game being
moved to another facility in this community. The thing that I want to make sure, and I want the
Orange Bowl Committee, if Leslie or if Clark is empowered to give that authorization that,
number one, that the parade in the downtown area, in particular to this year, since the classic will
remain in the Orange Bowl, is that they will pay any and all expenses related to the parade.
Number two, I think Mr. Clark Cook wants to make a proffer, which I was happy to hear, and as
the incoming president of the Orange Bowl Committee, that he would fight very hard to keep the
official administrative offices of the Orange Bowl in the City of Miami. And those were my two
areas of concern. We can deal at a later time, if they want to move the parade or things of that
nature, but I think at this point, what they're talking about is rescinding the motion that we had
previously made to abolish or to remove, or whatever. So those would be my two conditions
that must be agreed to on the record, before I could vote.
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: Is that for the '96 game, '97 and '98 game, for the parade, or is that
just for the '96 parade?
Vice Mayor Plummer: Commissioner Dawkins, my intent would be that it would be forever.
Commissioner Dawkins: OK. See, your intent... You...
Vice Mayor Plummer: Excuse me. Unless they decided that Robbie was...
Commissioner Dawkins: You do not vote with the Orange Bowl Committee. You vote with the
City Commission.
Vice Mayor Plummer: That's correct, sir.
4 May 11, 1995
Commissioner Dawkins: So therefore, we need to have the Orange Bowl Committee tell us what
their intentions are, and then J.L. Plummer can convince me to vote with him.
Vice Mayor Plummer: Well, excuse me. That's why I asked if Mr. Cook, the incoming
president, was empowered to speak on their behalf, and the answer was yes. Let me clarify the
intent. My intent would be that as long as they are not bringing revenue through the Orange
Bowl to this community that they would pay any and all expenses at any time they have a parade
in the City limits of Miami. When the day comes that they realize that they made a mistake, and
come back to the Orange Bowl, we can renegotiate.
Mayor Clark: Mr. Cook.
Mr. Clark Cook: Commissioner, I... As we discussed the other day, that is totally my
understanding, that is the commitment that we've made. We have talked to the City Manager.
As long as the game is at the Orange Bowl, we'll go forward like we have been. When the game
leaves the Orange Bowl, we would be responsible for paying the expenses for that parade. The
parade is very important to us. I can tell you, standing in front of you today, I will make a
personal commitment to you, I will do everything in my power, and I have two other.... The
other two officers of the Orange Bowl are sitting right here with me, Leslie and Al. The Orange
Bowl Parade is going to stay in the City of Miami as long as we possibly can keep it there.
Vice Mayor Plummer: Very good.
Commissioner Dawkins: Well, see, as long as you possibly can keep it there doesn't mean
anything, Mr. Cook, because you were going to keep the Orange Bowl Game in the Orange
Bowl, and you did keep it there as long as you possibly could. See, this has nothing to do with
you or them. It's a decision to be made by the board. So if you tell me that as long as the board
votes to have it there, you will have it there, I don't have a problem with that. OK?
Mr. Cook: I can assure you that...
Commissioner Dawkins: But when you tell me, "I personally will do all that I can," I mean...
Mr. Cook: Commissioner Dawkins, I think the commitment of the Orange Bowl Committee to
keep the parade in Miami is extremely strong, and I do not see it ever moving. And I think all of
you know us, and you can reach out and touch us. You have a commitment.
Commissioner Dawkins: You know why you don't see it moving? You know why you don't
see it moving? You cannot have the Orange Bowl Parade down 183rd Street and 27th Avenue.
That's not the Orange Bowl Parade. You got to have it on Flagler.
Mr. Cook: That's what we...
Commissioner Dawkins: Thank you.
Mr. Cook: Thank you.
Commissioner Dawkins: Let's go.
Mayor Clark: All right. Anything further on the consent agenda?
Vice Mayor Plummer: Sir, as amended, that's the only thing I have, sir.
May 11, 1995
Mayor Clark: And that's rescinding that resolution?
Vice Mayor Plummer: It would be incorporated and amending item CA-16 with a provision so
stipulated and agreed upon by the commitment of Mr. Clark Cook and the other two gentlemen
with him.
Mayor Clark: Other discussion from any person?
Vice Mayor Plummer: I won't mention them on the record.
Commissioner Dawkins: I don't know why. Put it in the record. The other two gentlemen are
Al Dotson and Leslie Pantin. Those are the other two gentlemen.
Vice Mayor Plummer: I didn't want them to be on the record and be on the hook.
Mayor Clark: I'll put them on the hook any time. All right. Any other discussion on the
consent agenda? Is there a motion?
Vice Mayor Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: Call the roll. Call the roll, Madam Clerk.
Vice Mayor Plummer: Removed was CA-2.
Ms. Matty Hirai (City Clerk): Vice Mayor Plummer.
Vice Mayor Plummer: Excuse me. Just so Commissioner Gort has it, CA-2 and CA-15 were
removed from the consent.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
6 May 11, 1995
THEREUPON MOTION DULY MADE BY VICE MAYOR
PLUMMER AND SECONDED BY COMMISSIONER
DAWKINS, THE CONSENT AGENDA ITEMS WERE
PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
3.1. AUTHORIZE FUNDING OF YOUTH OF AMERICA, INC. -- ALLOCATE FUNDS
($37,959) FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 95-345
A RESOLUTION AUTHORIZING THE FUNDING OF YOUTH OF
AMERICA, INC. AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $37,959, FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING
BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING
WITH FLORIDA STATE STATUTE, CHAPTER 932.7055, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.2. ACCEPT BID: ACME GROUP, INC. -- FOR HAULING 50 LOADS OF RUBBLE
FROM PUBLIC WORKS DEPARTMENT'S SOUTH FORK STORAGE YARD TO A
LEGITIMATE / LEGAL DUMP SITE -- ALLOCATE FUNDS ($12,132).
RESOLUTION NO. 95-346
A RESOLUTION ACCEPTING THE BID OF ACME GROUP, INC.
FOR THE HAULING OF FIFTY (50) LOADS OF RUBBLE FROM THE
DEPARTMENT OF PUBLIC WORKS' SOUTH FORK STORAGE
YARD TO A LEGITIMATE, LEGAL DUMP SITE, FOR THE
DEPARTMENT OF PUBLIC WORKS AT THE UNIT COST OF
$242.64 PER LOAD FOR A TOTAL COST OF $12,132.00;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
PUBLIC WORKS CONTRACT SERVICES, ACCOUNT CODE NO.
310501-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
7 May 11, 1995
3.3. ACCEPT BID; LEADEX CORP. -- FOR FURNISHING / INSTALLATION OF
PLAYGROUND EQUIPMENT AT EATON PARK -- FOR DEPARTMENT OF
PARKS & RECREATION -- ALLOCATE FUNDS ($10,740) FROM CIP.
RESOLUTION NO.95-347
A RESOLUTION ACCEPTING THE BID OF LEADEX CORP. FOR
THE FURNISHING AND INSTALLATION OF PLAYGROUND
EQUIPMENT AT EATON PARK FOR THE DEPARTMENT OF
PARKS AND RECREATION, AT A TOTAL PROPOSED COST OF
$10,740.00; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, INDEX CODE 701402-
451877; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.4. AUTHORIZE CITY MANAGER TO NEGOTIATE / ESTABLISH / APPLY SPECIAL
CHARGES / TERMS / CONDITIONS, ON AN INDIVIDUAL BASIS, RELATED TO
CURTIS PARK SPORTS COMPLEX -- RESCIND ALL PREVIOUSLY
ESTABLISHED CHARGES / TERMS / CONDITIONS -- ISSUE PARK PERMIT(S)
FOR USE OF SAID FACILITY.
RESOLUTION NO. 95-348
A RESOLUTION RELATED TO THE CURTIS PARK SPORTS
COMPLEX; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE, ESTABLISH AND APPLY SPECIAL CHARGES,
TERMS AND CONDITIONS ON AN INDIVIDUAL BASIS;
RESCINDING ALL PREVIOUSLY ESTABLISHED CHARGES,
TERMS AND CONDITIONS FOR USE OF SAID COMPLEX;
FURTHER AUTHORIZING THE CITY MANAGER TO ISSUE PARK
PERMIT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THE USE OF SAID FACILITY.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8 May 11, 1995
3.5. (1) RESCIND RESOLUTION 94-727, WHEREBY A CONTRACT FOR FURNISHING
/ INSTALLING A COUNTER AT DINNER KEY MARINA, FOR DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, WAS AWARDED
TO AND SUBSEQUENTLY DEFAULTED UPON BY SOVEREIGN
CONSTRUCTION -•- NULLIFY CONTRACT; (2) ACCEPT BID: ADOLFO
HERNANDEZ (SECOND LOWEST BIDDER) FOR THIS PROJECT -- ALLOCATE
FUNDS ($7,800).
RESOLUTION NO.95-349
A RESOLUTION RESCINDING RESOLUTION NO. 94-727,
ADOPTED OCTOBER 27, 1994, WHEREBY A CONTRACT FOR
FURNISHING AND INSTALLING A COUNTER AT DINNER KEY
MARINA FOR THE DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES, WAS AWARDED TO
AND SUBSEQUENTLY DEFAULTED UPON BY SOVEREIGN
CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO
NULLIFY SAID CONTRACT BETWEEN THE CITY OF MIAMI AND
SOVEREIGN CONSTRUCTION; FURTHER ACCEPTING THE BID
OF ADOLFO HERNANDEZ, IN THE PROPOSED AMOUNT OF
$7,800, THE SECOND LOWEST RESPONSIBLE AND RESPONSIVE
BIDDER FOR THIS PROJECT; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 350506-840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.6. RATIFY CITY MANAGER'S EMERGENCY ACTION IN WAIVING COMPETITIVE
SEALED BIDS -- FOR PURCHASE OF LIGHT POLES AND RELATED
ELECTRICAL EQUIPMENT -- FROM VARIOUS VENDORS -- FOR PAN
AMERICAN DRIVE MEDIAN IMPROVEMENT PROJECT -- ALLOCATE FUNDS
($13,043.57) FROM CIP 415002.
RESOLUTION NO. 95-350
A RESOLUTION, RATIFYING, APPROVING AND CONFIRMING,
THE CITY MANAGER'S EMERGENCY ACTION IN WAIVING THE
REQUIREMENT FOR COMPETITIVE SEALED BIDS FOR THE
PURCHASE OF LIGHT POLES AND RELATED ELECTRICAL
EQUIPMENT FROM VARIOUS VENDORS FOR THE PAN
AMERICAN DRIVE MEDIAN IMPROVEMENT PROJECT, IN AN
AMOUNT NOT TO EXCEED $13,043.57; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO.
415002; AS APPROPRIATED BY ORDINANCE NO. 11205;
FURTHER RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ISSUANCE OF EMERGENCY PURCHASE
ORDERS FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
9 May 11, 1995
3.7. RATIFY CITY MANAGER'S EMERGENCY ACTION IN WAIVING COMPETITIVE
SEALED BIDS -- FOR REPAIRS TO BAYFRONT PARK ELECTRICAL SERVICE --
BY EDD HELMS ELECTRICAL CONTRACTING -- ALLOCATE FUNDS ($7,695.32)
FROM CIP 331305.
RESOLUTION NO. 95-351
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S ACTION IN WAIVING THE
REQUIREMENT FOR COMPETITIVE SEALED BIDS FOR THE
EMERGENCY REPAIRS TO THE BAYFRONT PARK ELECTRICAL
SERVICE BY EDD HELMS ELECTRICAL CONTRACTING (NON-
MINORITY/NON-LOCAL VENDOR), IN THE AMOUNT OF
$7,695.32; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 331305, INDEX CODE NO. 3193011-
340, AS APPROPRIATED NY THE 1993-94 CAPITAL
IMPROVEMENT ORDINANCE; FURTHER RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THIS
PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.8. AUTHORIZE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENT
WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), ON
BEHALF OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE TASK
FORCE AND CEDARS MEDICAL CENTER -- FOR THE PURPOSE OF CEDARS
MEDICAL CENTER MAINTAINING / PROVIDING AN EXPENDABLE MEDICAL
CACHE OF SPECIFIC DRUGS / SUPPLIES FOR DISASTER RESPONSE,
CONTINGENT UPON FUNDING FOR SAID SUPPLIES USED DURING AN
ACTIVATION BEING 100% REIMBURSABLE FROM STATE OF FLORIDA OR
FEDERAL SOURCES.
RESOLUTION NO. 95-352
A RESOLUTION, WITH ATTACHMENT(S) AUTHORIZING THE
CITY MANAGER TO EXECUTE A MEMORANDUM OF
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI, ON BEHALF OF THE SOUTH
FLORIDA URBAN SEARCH AND RESCUE (US&R) TASK FORCE
AND CEDARS MEDICAL CENTER, FOR THE PURPOSE OF
CEDARS MEDICAL CENTER MAINTAINING AND PROVIDING AN
EXPENDABLE MEDICAL CACHE OF SPECIFIC DRUGS AND
SUPPLIES FOR DISASTER RESPONSE, CONTINGENT UPON
FUNDING FOR SAID SUPPLIES USED DURING AN ACTIVATION
BEING 100% REIMBURSABLE FROM STATE OF FLORIDA OR
FEDERAL SOURCES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
10 May 11, 1995
3.9. AUTHORIZE CITY MANAGER TO ALLOCATE $50,000 IN COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM 18TH YEAR CDBG
LITTLE HAITI RESERVE -- TO PROVIDE FUNDS TO ASSIST THE CENTER FOR
HAITIAN STUDIES, INC. WITH RENOVATION OF THE CENTER FOR HAITIAN
STUDIES BUILDING -- EXECUTE AGREEMENT.
RESOLUTION NO. 95-353
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ALLOCATE $50,000 IN COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FROM THE 18TH YEAR CDBG LITTLE
HAITI RESERVE FOR THE PURPOSE OF PROVIDING FUNDS TO
ASSIST THE CENTER FOR HAITIAN STUDIES, INC., (C.H.S.) WITH
THE RENOVATION OF THE CENTER FOR HAITIAN STUDIES
BUILDING, LOCATED IN THE CITY OF MIAMI, FLORIDA;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH C.H.S. FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.10. ACCEPT TWO GRANTS ($45,000 EACH) FROM STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, UNDER THE SPECIAL
WATERWAY PROJECTS PROGRAM FOR: (1) DOCK RENOVATIONS AT
LEGION PARK, AND (2) DOCK FACILITY AT MORNINGSIDE PARK --
EXECUTE NECESSARY DOCUMENTS.
RESOLUTION NO. 95-354
A RESOLUTION ACCEPTING TWO (2) GRANTS, IN THE
AMOUNTS OF $45,000 EACH, FROM THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION UNDER THE
SPECIAL WATERWAY PROJECTS PROGRAM FOR DOCK
RENOVATIONS AT LEGION PARK AND A DOCK FACILITY AT
MORNINGSIDE PARK; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE
GRANTS AND IMPLEMENT THE PROJECTS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
11 May 11, 1995
3.11. AUTHORIZE CITY MANAGER TO ACCEPT $79,000 GRANT FROM MILDRED
AND CLAUDE PEPPER FOUNDATION -- TO BE USED FOR REPAIRS /
IMPROVEMENTS TO THE MILDRED AND CLAUDE PEPPER FOUNTAIN IN
BAYFRONT PARK -- EXECUTE NECESSARY DOCUMENTS.
RESOLUTION NO. 95-355
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT A $79,000 GRANT FROM THE MILDRED AND CLAUDE
PEPPER FOUNDATION TO BE USED FOR REPAIRS AND
IMPROVEMENTS TO THE MILDRED AND CLAUDE PEPPER
FOUNTAIN IN BAYFRONT PARK AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCEPT SAID GRANT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.12. CLAIM SETTLEMENT: FELIPE & ALICIA RODRIGUEZ ($50,000).
RESOLUTION NO. 95-356
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY FELIPE RODRIGUEZ, LEGALLY INCOMPETENT PLAINTIFF,
AND ALICIA RODRIGUEZ, GUARDIAN OF PLAINTIFF, THE SUM
OF $50,000.00, WITHOUT ANY ADMISSION OF LIABILITY, IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI IN THE CIRCUIT
COURT OF DADE COUNTY, FLORIDA, CASE NO.91-45521 CA
(06); ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 620101-653.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.13. CLAIM SETTLEMENT: COLUMBUS KENNEY ($37,500).
RESOLUTION NO. 95-357
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY COLUMBUS KENNEY, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $37,500.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, IN UNITED STATES DISTRICT
COURT CASE NO. 94-0063-CIV-MORENO, UPON THE EXECUTION
OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI
FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING
FUNDS THEREFOR FROM THE INSURANCE AND SELF-
INSURANCE TRUST FUND, INDEX CODE NO. 620101-661.
12 May 11, 1995
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.14. RESCIND RESOLUTION 94-431, WHEREBY ORANGE BOWL COMMITTEE WAS
URGED TO KEEP THE ORANGE BOWL CLASSIC FOOTBALL GAME AT THE
ORANGE BOWL STADIUM, AND WAS PROHIBITED TO USE ANY CITY FUNDS
IN SUPPORT OF SAID GAME OR ORANGE BOWL COMMITTEE FESTIVITIES IF
SAID GAME WAS MOVED TO ANOTHER SITE -- STIPULATE THAT ORANGE
BOWL COMMITTEE PAY EXPENSES OF ORANGE BOWL PARADE IF SAID
GAME IS PLAYED AT A SITE OTHER THAN ORANGE BOWL STADIUM.
RESOLUTION NO. 95-358
A RESOLUTION OF THE MIAMI CITY COMMISSION,
RESCINDING IN ITS ENTIRETY RESOLUTION NO. 94-431,
ADOPTED JUNE 9, 1994, WHEREBY THE ORANGE BOWL
COMMITTEE WAS STRONGLY URGED TO KEEP THE ORANGE
BOWL CLASSIC FOOTBALL GAME AT THE ORANGE BOWL
STADIUM, AND PROHIBITED TO USE ANY CITY FUNDS IN
SUPPORT OF THE ORANGE BOWL CLASSIC OR ORANGE BOWL
COMMITTEE FESTIVITIES IF THE ORANGE BOWL CLASSIC WAS
TO BE HELD AT A SITE OTHER THAN THE ORANGE BOWL
STADIUM; DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE PRESIDENT OF THE ORANGE
BOWL COMMITTEE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3,15. ACCEPT PLAT: GRAVES SUBDIVISION.
RESOLUTION NO. 95-359
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED GRAVES SUBDIVISION, A SUBDIVISION IN THE CITY
OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Vice Mayor Plummer: Do we have any minutes to take care of?
Commissioner Gort: Yes.
Mayor Clark: Moved and seconded.
Vice Mayor Plummer: Yes, sir.
13 May 11, 1995
k.-
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
NOTE FOR THE RECORD: On a motion duly made by Vice
Mayor Plummer and seconded by Commissioner Dawkins, the
minutes of Commission meetings of March 9 and 27, 1995, were
approved by the Commission.
----------------------------------------------------------------------------------------------------------------
4. APPOINT BIJAN NAKHJAVAN TO SERVE AS A MEMBER OF THE MIAMI
RIVER COORDINATING COMMITTEE.
Mayor Clark: We have some appointments here now.
Vice Mayor Plummer: Mr. Mayor, I would like to proffer, on the Miami River, a man who has
served there previously, who does business on the river, Mr. Bijan.
Mayor Clark: OK.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-360
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE MIAMI RIVER COORDINATING COMMITTEE FOR A TERM OF OFFICE AS
HEREIN SPECIFIED.
14 May 11, 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.
----------------------------------------------------------------------------------------------------------------
5. DEFER APPOINTMENTS OF INDIVIDUALS TO SERVE AS MEMBERS OF:
(A) LATIN QUARTER REVIEW BOARD; (B) COMMISSION ON THE
STATUS OF WOMEN; (C) PLANNING ADVISORY BOARD, AND (D)
ZONING BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item, 4.
Vice Mayor Plummer: That's Commissioner De Yurre's nomination.
Mayor Clark: Pass that, Madam Clerk.
Mayor Clark: Number 5. Plummer, De Yurre have the...
Vice Mayor Plummer: I was asking the Status of Women to give me a recommendation, and I
have not received such. Do you have a recommendation?
Mayor Clark: All right. Do you have... Victor, do you have it?
Commissioner De Yurre: No.
Ms. Betty Kaynor: I'm sorry, Commissioner Plummer, at the moment, I don' have one to
proffer the Commission itself, but we will be very glad to present to you very shortly.
Vice Mayor Plummer: Well, I would then defer my nomination until...
Ms. Kaynor: All right. Thank you.
Vice Mayor Plummer: ... because whoever they want is fine with me.
Ms. Kaynor: We will be very glad to.
Vice Mayor Plummer: There were two ladies in my office the other day for an article...
15 May 11, 1995
+-.
Ms. Kaynor: That's right.
Vice Mayor Plummer: ... and I asked them to proffer.
Ms. Kaynor: All right.
Mayor Clark: Mr. De Yurre, what do you have?
Mayor Clark: Number 6.
Commissioner Gort: Pass.
Mayor Clark: Number 7.
Commissioner Gort: Pass.
Vice Mayor Plummer: Damn. Faster than I can keep up with.
Mayor Clark: Number 8 has been withdrawn.
---------------------------------------- -----------------------------------------------------------------
6. URGE NOMINATING COMMITTEE OF THE PERFORMING ARTS
CENTER TRUST (P.A.C.T.) TO INCLUDE COMMISSIONERS WIFREDO
"WILLY" GORT AND VICTOR DE YURRE IN PROPOSED SLATE OF
NOMINEES FROM WHICH APPOINTEES TO P.A.C.T. WILL ULTIMATELY
BE CHOSEN.
Mayor Clark: Number 9.
Commissioner Dawkins: Hold it. Number 9.
Mayor Clark: Yes, sir.
Commissioner Dawkins: It says, and it may be only semantics, it says, Mayor Clark and
Commissioner Dawkins are to serve as chairperson and co -chairperson, respectively.
"Respectively" means the first would be the chair, and the one second would be the co-chair.
That has to be reversed. OK, all right, no problem.
Mayor Clark: Any other discussion on 9?
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Second.
Mayor Clark: Call the roll, Madam Clerk.
Vice Mayor Plummer: It was a discussion item.
Commissioner Gort: Nine.
fi
i
16 May 1-1, 19.95
Vice Mayor Plummer: Yeah.
A. Quinn Jones, I1I, Esq. (City Attorney): Yeah. Remember, at the last meeting, Mayor Clark,
you passed a reso relative to the four. Let's see. DDA (Downtown Development Authority),
Bayfront Park, and Miami and Exhibition Sports Authority.
Mayor Clark: Yes, sir.
Mr. Jones: And then you now have, if you so wish, you have appointments to the - from
amongst the Commissioners - to the Coconut Grove Standing Festival Committee, Performing
Arts Trust, Tax Exempt Property Steering Committee, and the ITB (International Trade Board),
if that's still a viable entity.
Mayor Clark: That's another story. We have a discussion on that on that today. Relax. We'll
just hold the other ones up, right at the present time. Anything else on number 9?
Vice Mayor Plummer: I have nothing else.
Commissioner Gort: I think you had named me in the trust.
Mayor Clark: Names you?
Commissioner Gort: The Performing Arts Trust, yes, sir.
Mayor Clark: All right. Willy's to the trust.
Commissioner Dawkins: Which one?
Mayor Clark: Performing Arts Trust.
Commissioner Gort: Performing Arts Trust.
Mayor Clark: Cast a unanimous ballot.
Vice Mayor Plummer: Wait, wait, wait. What happens?
Mayor Clark: He's named to the Performing Arts Trust.
Vice Mayor Plummer: You're speaking about appointments?
Ms. Angela Bellamy (Assistant City Manager): Commissioner, on the...
Mr. Cesar Odio (City Manager): You have two appointments to that.
Ms. Bellamy: You have two appointments. We have called your offices. You've given us two
names, which are Commissioners Gort and De Yurre. Those have been sent to the PACT
(Performing Arts Center Trust). They now have to advertise, and they'll send it back. The
Manager has sent those names.
Vice Mayor Plummer: That's fine.
Mayor Clark: Very good. Thank you. Anything else on 9?
17 May 11, 1995
ti
The following motion was introduced by Mayor Clark, who moved its adoption:
MOTION NO. 95-361
A MOTION URGING THE NOMINATING COMMITTEE OF THE PERFORMING
ARTS CENTER TRUST (P.A.C.T.) TO INCLUDE THE NAMES OF
COMMISSIONERS WIFREDO "WILLY" GORT AND VICTOR DE YURRE, AS
PROFFERED BY THE MIAMI COMMISSION ON THIS SAME DATE, IN THEIR
PROPOSED SLATE OF NOMINEES FROM WHICH SAID COMMISSION WILL
I ULTIMATELY APPROVE ITS APPOINTEES TO THE P.A.C.T.
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.
Mayor Clark: That interlocal agreement is set for ten o'clock. Right, Cesar?
Mr. Odio: I'm sorry?
Mayor Clark: That interlocal agreement, item 10, is set for ten o'clock.
Mr. Odio: Yes, sir.
Mayor Clark: We don't have anything at this time so...
Mr. Odio: You have other items here. All the other public hearings are set for ten, sir.
Mayor Clark: Well, can we just tread water here for a while?
Vice Mayor Plummer: Mr. Mayor, there's other items that we can take. I see Mr. Seidle
(phonetic) in the audience, and it says here that item something can be taken at any time.
Mr. Odio: Yes, you can take this.
Vice Mayor Plummer: This is item. number 24.
Mr. Odio: You can start with 23. They're both personal appearances.
Commissioner Dawkins: Twenty-three? OIL.
18 May 11, 1995
----------------------------------------------------------------------------------------------------------------
7. BRIEF COMMENTS BY CITY ATTORNEY CONCERNING PLANNING
AND ZONING ITEMS BEING TAKEN UP BEFORE 5:00 P.M.
i
i
----------------------------------------------------------------------------------------------------------------
I Mr. Jones: Mr. Mayor.
;I
Mayor Clark: Yes, sir.
Mr. Jones: If I might. And this is something you may be happy to hear. I know you have, since
you've been Mayor, you've expressed some concern as to why we can't have P&Z hearings
before five.
Mayor Clark: We were told about that yesterday. I was.
Mr. Jones: OK. I just wanted to make sure. So we'll prepare the ordinance on the break for
you.
Mayor Clark: Thank you, sir. Good idea.
----------------------------------------------------------------------------------------------------------------
8. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSAL
TO EXTEND TO CITY CLERK TERMS OF RETIREMENT INCENTIVE
PROGRAM FOR GENERAL EMPLOYEES. (See label 61)
Vice Mayor Plummer: Mr. Mayor, if we may.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Let me bring this as... I'm not sure it's a pocket item. It's a clarification,
that under the early retirement, the City Attorney has stated for the record that he feels that the
City Clerk, the City Manager, and the City Attorney, when, in fact, are under our direct control,
that we have, as a matter of right, to set the policy for those three, separate and apart from the
union. It has been asked that we make a motion extending to the Clerk the incentive retirement
package. Now, Mr. City Attorney, would you speak on that.
Commissioner Dawkins: Hold it, one moment. Hold it, one minute.
Vice Mayor Plummer: All right.
Commissioner Dawkins: OK? You just said that the City Clerk, the City Manager and the City
Attorney work for the Commissioners.
Vice Mayor Plummer: Correct, sir.
Commissioner Dawkins: Therefore, anything dealing with the Clerk, the Manager and the City
Attorney must come from this Commission. Now, if the City Attorney is desirous of hiring the
City Clerk, he may do so. If the Manager is desirous of hiring the City Clerk...
19 May 11, 1995
k.
Vice Mayor Plummer: No, no, no.
Commissioner Dawkins: ... he may do so. But if it's anything dealing with their employment, it
has to come from this board.
Vice Mayor Plummer: You're right, and you're wrong.
Commissioner Dawkins: OK. Go ahead.
Vice Mayor Plummer: All right. Basically, this is to put it on the record and clear up. It has
nothing to do with who they will hire or not hire. It only goes to the retirement package that
others have been offered.
Mr. Cesar Odio (City Manager): May I?
Vice Mayor Plummer: Please.
Commissioner Dawkins: No. Wait till... Let me and J.L. finish. Go ahead. OK. So what are
you saying, then?
Vice Mayor Plummer: What I'm saying is, the City Attorney has said that it is not clear for the
three people that we directly hire, relating to incentive retirement package.
Commissioner Dawkins: Right.
Vice Mayor Plummer: And he would like a motion made to put it on the record, to be very clear
as to what, in fact, is the policy of this Commission.
Commissioner Dawkins: So therefore, you're saying that...
Mayor Clark: Let's let Cesar talk for a second.
Commissioner Dawkins: OK. The Manager is included by special vote. We included the
Manager, and we set up a special retirement parachute for the Manager. OK?
Mr. Odio: That's correct. But that's why...
Commissioner Dawkins: Wait, no, no. You wait till I finish. OK?
Mr. Odio: OK.
Commissioner Dawkins: So therefore, why is it you come here telling me now that I must vote
to set up a special parachute for the City Attorney or the City Clerk? You've already established
that.
Vice Mayor Plummer: No, we have not established it for other than the Manager. OK?
Mayor Clark: Wait a minute, just a minute. Let's get to the roots of this thing, now.
Commissioner Dawkins: Wait, Mr. Mayor. Let me say this, and then I'll let you get to the roots.
Why is it that we, in our infinite wisdom, did it for the Manager, and now you don't want to...
You don't want to take the heat and do it for nobody else. Why you want to ask somebody else
to tell us to do it?
20 May 11, 1.995
\✓'
Vice Mayor Plummer: No, sir, I... There's no heat involved. It's clarification. It's to... The
incentive package was offered to all City employees. They would like to have the availability of
the Clerk and the City Attorney to have the same availability. It's not clear on the record, but I
would like the Manager and the City Attorney to speak to the issue.
Mr. Odio: I need to clarify. First of all, I negotiated the contracts with the union. I would feel
very uncomfortable that I would get the same thing they got, because that would be wrong. And
please, don't even mention me in that level. We are talking about the City Clerk. She's retiring
on this incentive package, and what she would like to obtain, I believe, is the same thing that
everybody else got. But keep me out of that, and I don't believe the City... Because I negotiated
the contracts, I don't feel I should obtain the same thing that the unions got, because it would be
wrong.
Mayor Clark: All right. Madam Clerk.
Ms. Matty Hirai (City Clerk): The incentive package was extended to all City employees, and I
have filled out my paperwork. However, the Attorney feels that because we three are by
appointment, everything that is done for us should be in the form of a resolution, technically, to
keep it on the books, that it's under you.
Mayor Clark: Gotcha.
Commissioner Dawkins: OK. Now...
Mr. Hepburn: But it's the same that goes to everybody else.
Commissioner Dawkins: OK. No. OK. The... All right. What is the incentive package, Mr.
Manager, that you're talking about? Mr. Manager? Mr. Manager, what is the incentive package
that you're saying should be granted to the Clerk?
Mr. Odio: Since the AFSCME (American Federal, State, County, and Municipal Employees)
packet is...
Commissioner Dawkins: No, no, no. See...
Mr. Odio: It's ten percent retroactive.
Commissioner Dawkins: It's retroactive.
Mr. Odio: Yes, sir.
Commissioner Dawkins: Go ahead.
Mr. Odio: If you retire in this window, you would get a one year retroactive ten percent pay
increase. I'm going by memory here.
Commissioner Dawkins: OK. And that's what you're offering...
Mr. Odio: Plus that the combination of points would go from 70 points to 64 points.
Commissioner Dawkins: OK.
Mr. Odio: And that's it.
j 21 May 11, 1995
i
Commissioner Dawkins: And then she gets a lump sum and go out.
Mr. Odio: She would get a ten percent retroactive pay that is pension, and therefore, her pension
would go up accordingly.
Commissioner Dawkins: No, no, no.
Mr. Odio: Yes, sir, yes, sir.
Commissioner Dawkins: OK. The window opens.
Mr. Odio: And it closes by Monday.
Commissioner Dawkins: OK. And she has to get into the window.
Mr. Odio: Yes, sir.
Commissioner Dawkins: When she gets into the window, she's allowed to benefit from
whatever the buy-out plan is.
Mr. Odio: Yes, sir.
Commissioner Dawkins: And that is a ten percent increase that would take her through three
years, and then she goes out.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: No different than the others.
Mr. Odio: It's the same, yes, sir.
Commissioner Dawkins: No.
Mr. Odio: It's the same package that the AFSCME contract...
Commissioner Dawkins: I'm not interested... I don't want to know about the AFSCME. I want
to know about the City Clerk.
Mayor Clark: Wait a minute, now. Let's get this done. We're not going to argue this thing here
this morning.
Commissioner Dawkins: OK. Well, we have to, Mr. Mayor. I have to understand it.
Vice Mayor Plummer: We've got to, because Monday is the deadline, Mr. Mayor.
Mayor Clark: Well, all right. We can bring it up after lunch.
Commissioner Dawkins: Oh, OK. All I need to know is the incentive package that I've seen...
Mr. Odio: Yes, sir.
Commissioner Dawkins: ... says eighty-nine thousand dollars ($89,000) for one year, and she
stays here. That is not an incentive. That's a job. So if you're hiring her, you hire her.
22 May 11, 1995
kY-.
Mr. Hepburn: I'm not...
Vice Mayor Plummer: It has nothing to do with that.
Commissioner Dawkins: It does. It does have something to do with it.
Vice Mayor Plummer: No. She withdrew that. She withdrew even the thought of thinking
about an extended contract.
Commissioner Dawkins: Well, then, tell me what we're voting on, then
Vice Mayor Plummer: You're voting strict...
Mayor Clark: We're not voting on anything until after lunchtime.
Commissioner Dawkins: Thank you, Mr. Mayor. Go right ahead.
Mr. Odio: If you want, I can put the language of the packet on the record by the Labor Relations
Officer, so that you will know what you're voting on.
Vice Mayor Plummer: The Mayor would like to do it after lunch.
Mayor Clark: Put this down in writing after lunch. All right?
Vice Mayor Plummer: I'm sorry I brought it up, Mr. Mayor. I thought it would be a simple
matter.
Mayor Clark: Now, we're... Can't we start this...
----------------------------------------------------------------------------------------------------------------
9. CREATE TASK FORCE (COMPRISED OF MEMBERS FROM CITY OF
MIAMI, METRO-DADE COUNTY AND STATE OF FLORIDA) TO
ADDRESS CERTAIN STREET -RELATED ISSUES AROUND 2900 N.W. 36
STREET (BILL SEIDLE'S NISSAN) -- DESIGNATE COMMISSIONER GORT
TO COORDINATE SAID TASK FORCE AND MAKE RECOMMENDATIONS
AT NEXT COMMISSION MEETING -- STIPULATE THAT COMMISSIONER
DAWKINS AND FRANK CASTANEDA (DIRECTOR, NEIGHBORHOOD
ENHANCEMENT TEAMS [NET]) CONTACT REPRESENTATIVES OF
ECONOMIC DEVELOPMENT AGENCIES TO IDENTIFY GRANT MONIES.
Mayor Clark: Now we're... Can't we start this... What's this ten o'clock start? Is that
something new?
Vice Mayor Plummer: Well, we can take Mr. Seidle before ten.
Mayor Clark: What item is that?
Vice Mayor Plummer: Twenty-five.
Mayor Clark: I don't want to see him now. Where is... Item 23 on today's agenda?
23 May 11, 1995
A ;
Vice Mayor Plummer: Item 25 of today's agenda, under personal appearance. Mr. Seidle is
here, if you wish to start on that before the ten o'clock, which we can't do on the other items.
Mayor Clark: Mr. Seidle.
Mr. William D. Seidle: Good morning, Mr. Mayor, Commissioners, and guests in this
auditorium here.
Vice Mayor Plummer: For the record, your name and mailing address.
Mr. Seidle: My name is William D. Seidle. I live at 640 Sabal Palm Road, Miami, Florida, Bay
Point.
Vice Mayor Plummer: More, importantly, I think for the record is, you'll be speaking to a 36th
Street location, which is also your address that you should put on the record.
Mr. Seidle: The address of the 36th Street location is 2900 Northwest 36th Street, 2757
Northwest 36th Street, and several other addresses on 36th Street.
Mayor Clark: All right, sir. Proceed.
Mr. Seidle: What prompted me to come here this morning, Mr. Mayor, is your letter about
getting employment into the City of Miami. I have been a resident of Dade County for almost
70 years. I will be 70 years old June 21st of this year, and I've been a resident here that long.
I've seen Miami grow. I've lived in the City most of my adult life. Before that, I was in the
County. I don' want to dwell on what was. I'm here to talk about what is. We have a situation
on 36th Street, a street that is in front of my businesses that hasn't been touched in 50 years.
That's a long time for cosmetics to be done. You talked in your letter about bringing our people
to work in the City of Miami, yet we just lost a very important company on 36th Street and 30th
Avenue, on 31st Avenue to 32nd Avenue, which is Miami Honda. I employ about 200 people.
Not one of my people get minimum wage. All of my people are above minimum wage. We
don't even hire at minimum wage. Honda is about the same as I am. They've got about 200
people down there, but Honda is moving to Miami Lakes only because of the cosmetic
conditions around there on 36th Street. If I call to get something done, and you walk out from
the sidewalk to the street, you're on the State. That's 27, State Road 27. If you walk on the
sidewalk, you're in the City of Miami, and walk 150 feet north or south from the sidewalks on
36th Street, you're in the County. So I not only have the State, the City and the County to
contend with, I've had the U.S. Government to contend with, because I understand they are part
of U.S. 27 on 36th Street. How do we contend with what's happening out there? You have a
trailer park that's right next door to me that's overpopulated. On Southwest 8th Street, they
moved the trailer park to make way for Mr. Sam's Store there, and all them trailers were
squeezed into the trailer park right next door to me. People should have affordable housing.
Believe me, I'm one to see people have decent housing, but I see police cars there all the time.
It's just a horror story. I have three franchises there. And again, I employ right at 200 people.
How long can I stay there without the franchisers making me move, like they just did Honda?
How can we cope with it? I have talked to everybody. Commissioner Plummer has tried to help
me, Commissioner Gort has tried to help me. I talk to Victor every time I see him about it. I
talk to Miller about every time I see him about it, but nothing is being done, not one thing. We
have a problem out there. I have two guards, 24 hours a day. Should I be required to pay for
two guards 24 hours a day? I have that because I don't have adequate police protection. I have
ten million dollars ($10,000,000) worth of cars on the ground. I have to have protection, so I
have my own guards. You know, the City of Miami was really something. A lot of big
companies started in the City of Miami. Ryder, Jim Ryder started right down the street from us.
24 May 11, 1995
k,
Alderman started right down the street. I can go on and on and on about the conditions of 36th
Street now. We had a beautiful City, but it's deteriorating, and nobody is doing anything about
it. No one. Again, I have three franchises. I employe almost 200 people there, and I'm going to
be forced to move, because the franchisees, that's Nissan, Mitsubishi, and Suzuki come out there
and look at the cosmetics of that street, the condition that we're in, and they say, "How can you
be here?" At a meeting, they were giving me the plaque, and they handed me the plaque and
they said, "I don't know how lie does it in the neighborhood he's in that he sells so many cars."
I'll tell you why I sell so many cars. Because I'm almost 70 years old, and I've been selling cars
in this neighborhood for 50 years, and people know me, and they still come to me. And I want
to stay there. Again, I'm not here to knock the City, the County, the municipalities. I'm here to
try and get something done to keep people working in the City of Miami. I live in the City. I
live in Bay Point. I pay more taxes than they do in Gables -by -the -Sea. 1 drive out there and look
at things I don't like to see. Everybody knows about Biscayne Boulevard, but I'm living there,
and I love it, and I'll probably die there. Not too much more time. You know, they said, you
know, our life span is what - 74 now? - So I'm looking at about four more years.
Commissioner Gort: You look pretty good though.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir, Mr. Dawkins.
Commissioner Dawkins: You know, as Bill said, we've been going through this, I know, me and
him, for ten years. And it's not getting any better, and yet, he stays there. He could have gone
anyplace. In fact, he's got enough money to sell out to franchisees and don't do nothing.
Mr. Seidle: No, I don't need any more money.
Commissioner Dawkins: See? But he just stays there, because he loves the place. But, yet, he
continually comes to us, and it's a feel good meeting. He leaves feeling good, because he told us
about it, and we feel good because he didn't ask us to do any more. So I'd like to know from the
Manager or somebody, or from this Commission, you know, what can we do to... Either start in
front of Bill's store, Mr. Mayor, and go to 27th Avenue and take a block at the time and increase
that block and then take another block, because, Bill, that's the only way we can do this.
Commissioner Gort: That's right.
Commissioner Dawkins: We can't talk in terms of going from 12th Avenue to 27th Avenue. It
won't work.
Commissioner Gort: That's right.
Commissioner Dawkins: We can't go from 17th to 22nd. We've got to take one block at a time
and figure out how to do it. Now, can the Manager tell us how we can... Go ahead, I'm sorry,
Mr. Gort.
Mayor Clark: Before the Manager, there's Mr. Gort.
Commissioner Gort: Mr. Mayor, let me tell you. We've talked to... The biggest problem that
we have in certain areas within the City of Miami is that you have different jurisdictions. You
have the County, the City and the State. What we have done on 8th Street, we had a meeting set
up with the Mayor from West Miami, the Commissioners from Dade County, and we put a task
force together, to work together as a unit. _ I think we need to-do the same thing with them,
because we send our NET (Neighborhood Enhancement Team).people over there to the park, or
25 May 11, 1995
o.�
the trailer park that belongs to the City of Miami, but unfortunately, a lot of the things take place,
like he stated, within the County and within the State. My suggestion is, let's do the same thing
that we did over on Southwest 8th Street. Get the task force component, the County, the State,
and the City of Miami, and have them work together. At the same time, we have have CDCs in
there that are beginning to work on 36th Street. Angel is here from the Allapattah CDC. My
understanding is that they're talking in certain areas to start doing what Commissioner Dawkins
has stated. But I think there is a need to bring the County and the State and work as a unit, just
like we did in the other place.
Mayor Clark: Let me ask something. Bill, is that trailer park on the north side of 36th Street?
Mr. Seidle: The trailer park is just like I am; part of it is in the City, part of it is in the County. It
is on... It would be west of 30th Avenue on the south side of the street, this particular trailer
park.
Mayor Clark: That's the City. That's the City.
Mr. Seidle: Yeah, it's half in the City, Mayor, and half in the County.
Mayor Clark: You, see, 37th... 36th Street... And I've been here as long as you have, and older
than you are, so I know a few things about this community. The reason the south side of 36th
Street is in the City...
Mr. Seidle: It was for Jai Alai, to take in Jai Alai, I know.
Mayor Clark: ... to get Jai Alai in the City limits. That's all.
Mr. Seidle: I remember that.
Mayor Clark: The north side is all the County; is it not?
Mr. Seidle: No, no. No, sir.
Vice Mayor Plummer: What's that, Jai Alai?
Mr. Seidle: From 150 feet north and south is in the City. A strip down there on the north side of
the street, and also on the south side of the street. It's 150 feet all the way through, all the way
through to...
Mayor Clark: And behind either one of them is all the County.
Mr. Seidle: A hundred and fifty feet is County on each side, yes, sir. That starts the County.
Vice Mayor Plummer: After 27th Avenue.
Commissioner Gort: Right, yeah.
Mr. Seidle: Right.
Vice Mayor Plummer: But Jai Alai is not in the City. The parking...
Mayor Clark: Yes, it is.
Vice Mayor Plummer: The parking lot is in the City. Jai Alai is in the County, the fronton.
26 May 11, 1995
Mayor Clark: If you look at it close, J.L., you'll find it's in the City.
Mr. Seidle: It's in the City.
Vice Mayor Plummer: I wish it was.
Mayor Clark: It is.
Mr. Carlos Smith: Mr. Mayor, could I make a couple of comments?
Mr. Seidle: I always thought it was. Before we go any further, I'd like to say one other thing.
They came through, and they gave us sewers, after almost 50 years being in that area without
sewers. They gave us sewers. Then they patched the street. They actually patched that street,
which looks like hell, and now, all the water comes into my parking lot. Somebody is going to
get killed there. I have begged, literally begged someone to come and fix that, and I still get no
satisfaction. Now, that is a hazard where someone is going to go through there, have no brakes,
and get killed. And I got pumps out there. Should I have to have pumps in the street? I've got
pumps in the street on 29th Avenue that pump water out every time it rains. That's the street.
It's part in the County and part in the City. The Public Works comes out, they look, and they
say, "Oh, this is in the County." City comes out, and they say, "Oh, this is..." Always the
opposite. I...
Commissioner Gort: That's why you need to...
Vice Mayor Plummer: Mr. Mayor, if I may. There's no...
Mayor Clark: Yes, sir.
Mr. Seidle: I'm frustrated, I mean really frustrated at what's going on...
Mayor Clark: I gotcha, I gotcha. Hold it, hold it, Bill.
Mr. Seidle: ...and I'll have to move.
Mayor Clark: Hold it, Bill, just a minute.
Vice Mayor Plummer: Mr. Mayor, there's no question that what Mr. Gort says is true. It's got
to be a task force. Let me tell you why. In the past, when I have asked through the City
Manager for NET to go out and try to do some enforcement, they do. They go across the street.
Then across the street calls the County, and they come back into the City. So it's that, you
know, squeeze the balloon theory. Now, I think there's got to be a task force of all people who
have jurisdictional boundaries involved, and I think that we need to start raising hell about
what's...
Mayor Clark: Department of Transportation.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Vice Mayor Plummer: No, the fronton is not.
Mayor Clark: Yes, it is.
Vice Mayor Plummer: The parking lot is. The fron...
27 May 11, 1995
Commissioner Dawkins: Let's forget about where the boundaries are. Let's get the task force.
Vice Mayor Plummer: OK. So I...
Commissioner Gort: Get the task force.
Vice Mayor Plummer: I simply agree with the fact that there's got to be a task force. If not,
we're going to lose another major employer. So it's got to be. And I think whatever that ask
force is has it got to report to this Commission...
Commissioner Dawkins: No, let's put a member of the Commission on the task force to report
back to the Commission.
Vice Mayor Plummer: That's fine. Willy wants to do it, I'll do it, it's immaterial.
Commissioner Dawkins: No, you do it. You do it. Willy's got Little Havana. Why you want to
put everything on Willy?
Commissioner Gort: See, that's... That's my neighborhood. I live there.
Commissioner Dawkins: That's OK.
Vice Mayor Plummer: Fine.
Commissioner Gort: I'll take it, yeah.
Vice Mayor Plummer: You got it.
Commissioner Gort: I'll take it.
Vice Mayor Plummer: You got it. Let's get it done. That's the important thing.
Commissioner Dawkins: OK. Now.. OK, Mr. Mayor, I make a motion that Mr. Gort be
commissioned by this committee to pull together a committee of...
Mayor Clark: Task force.
Commissioner Dawkins: A task force of six people and report back at the next Commission
meeting with Bill Seidle on what we are going to do to save that street. And I will take it upon
myself to get with Economic Development, with Frank and those, and see about finding grants
or other dollars. Because as... If we're talking about revitalizing the area, we got to put some
business in there, too, Mayor Clark.
Mayor Clark: Sure. OK.
Vice Mayor Plummer: Is there a reason for six people?
Commissioner Dawkins: Move it.
Vice Mayor Plummer: I mean, what was the reason for the number six?
Commissioner Dawkins: Or three. How many you want?
28 May 11, 1995
k--
Vice Mayor Plummer: No, no, I would say no less than six, just so you don't limit it.
Commissioner Dawkins: Well, see, I would say no more than six, because I don't need a whole
lot of people arguing.
Vice Mayor Plummer: I would much prefer to leave it to the discretion of Mr. Gort.
Commissioner Dawkins: OK.
Vice Mayor Plummer: Whatever is necessary.
Commissioner Dawkins: But we don't need 14 or 15.
Mayor Clark: Are you seconding the motion?
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: I second the motion.
Mayor Clark: Cast a unanimous ballot, Madam Clerk. Thank you, Bill.
Commissioner Dawkins: Thank you, Bill.
Mr. Seidle: Thank you. Thank you very much.
Mayor Clark: We'll get some action quick.
Mr. Seidle: Thank you.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO, 95-362
A MOTION OF THE CITY COMMISSION CREATING A TASK FORCE
COMPRISING THE CITY OF MIAMI, METRO-DADE COUNTY AND THE STATE
OF FLORIDA TO ADDRESS CERTAIN STREET RELATED ISSUES, NAMELY, IN
THE AREA OF 2900 N.W. 36 STREET (LOCATION OF BILL SEIDLE'S NISSAN);
FURTHER DESIGNATING COMMISSIONER WIFREDO GORT AS THE
REPRESENTATIVE OF THE MIAMI COMMISSION TO COORDINATE SAID
TASK FORCE AND COME BACK AT THE NEXT COMMISSION MEETING WITH
A RECOMMENDATION; FURTHER STIPULATING THAT COMMISSIONER
MILLER DAWKINS, TOGETHER WITH THE DIRECTOR OF CITY
NEIGHBORHOOD ENHANCEMENT TEAMS, FRANK CASTANEDA, WILL
CONTACT REPRESENTATIVES OF ECONOMIC DEVELOPMENT AGENCIES IN
ORDER TO IDENTIFY GRANT MONIES FOR THIS PURPOSE; FURTHER
DELEGATING TO COMMISSIONER GORT THE DECISION AS TO HOW MANY
MEMBERS SAID TASK FORCE SHOULD HAVE.
29 May 11, 1995
.A
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.
----------------------------------------------------------------------------------------------------------------
10. (A)
RESCIND RESOLUTIONS 88-888 AND 94-833 -- AUTHORIZE THE
COMMUNITY REDEVELOPMENT AGENCY FOR THE OMNI
REDEVELOPMENT DISTRICT (CRA) TO EXECUTE INTERLOCAL
COOPERATION AGREEMENT WITH METROPOLITAN DADE
COUNTY -- TO ESTABLISH RESPONSIBILITIES RELATIVE TO
PROPOSED HOMELESS HOUSING COMPONENT.
(B)
DESIGNATE COMMISSIONER DAWKINS AS CHAIRMAN AND
MAYOR CLARK AS VICE CHAIRMAN OF THE COMMUNITY
REDEVELOPMENT AGENCY FOR THE OMNI REDEVELOPMENT
DISTRICT (CRA) -- AUTHORIZE COMMISSIONER DAWKINS TO
EXECUTE ALL DOCUMENTS ON BEHALF OF CRA.
(C)
SCHEDULE TWO PUBLIC HEARINGS (WITHIN NEXT 60 DAYS)
CONCERNING PROPOSAL TO AMEND OMNI AREA
REDEVELOPMENT PLAN RELATIVE TO PROPOSED HOMELESS
HOUSING COMPONENT AND THE PERFORMING ARTS
CENTER -- ONE PUBLIC HEARING TO BE HELD IN AFFECTED
DISTRICT AND ONE IN CITY HALL COMMISSION CHAMBERS.
Commissioner Dawkins: Item 10.
Vice Mayor Plummer: Ten we can't take until ten o'clock.
Mayor Clark: Well, it's ten o'clock.
Commissioner Dawkins: It's four o'clock... four minutes.
Mayor Clark: A resolution authorizing the Manager to execute a supplemental interlocal
agreement. Are they present? Item 10.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Where is the City Attorney? Where is Ms. Kearson?
A. Quinn Jones, III, Esq. (City Attorney): She's probably in the back.
30 May 11, 1995
k,
Commissioner Dawkins: Sir?
Mr. Jones: She's probably in the back.
Commissioner Dawkins: Mr. Mayor, we need to have some housecleaning items where we can
clean up some of the things for the City, and then once that is done, I would move that this City
Commission recess and come into a meeting as a CRA (Community Redevelopment Agency)
Board and deal with item 10.
Mayor Clark: Well, where's Linda? You want to talk to Linda? Ms. Kearson?
Commissioner Dawkins: Mr. City Attorney... Madam, Ms. Kearson, there are some items that
we need, some house cleaning items.
Mr. Jones: Yeah, that's correct.
Commissioner Dawkins: Will you explain to the Commission what we should be doing, Ms.
City Attorney?
Ms. Linda Kearson (Assistant City Attorney): Yes, sir. Good morning. Back in 1987, the
County passed an ordinance which designated the City Commission as the Community
Redevelopment Agency for the Omni Redevelopment Area. In so doing, it empowered the City
Commission as the CRA, to undertake the redevelopment of that particular redevelopment
district. What we need to do is to separate, as is required by State law, the actions of the City
Commission acting as the City Commission of the City of Miami from the City Commission
acting as the Community Redevelopment Agency for the Omni Redevelopment District. Having
said that, we need to take certain actions this morning to undo something we have done in the
past. The first resolution would be a resolution of the City Commission rescinding two
previously approved resolutions, one of which was Resolution Number 88-888 and Resolution
Number 94-833. What those resolutions did, in effect, was to authorize the City Manager to
enter into the interlocal agreement with Metropolitan Dade County. So in order for us to take
action as the CRA, we need to rescind those resolutions of the City Commission, so they will no
longer be on the City Commission's records as City Commission actions. So these are... I think
you have them. And the title of the resolution reads:
"A resolution rescinding in their entirety Resolution Number 88-888, passed and
adopted on October 6, 1988, and Resolution Number 94-833, passed and adopted
on November 17, 1994; further acknowledging the Community Redevelopment
Agency for the Omni Redevelopment District as a legal entity, separate, distinct
and independent from the Commission of the City of Miami, Florida."
That's Reso Number 1.
Vice Mayor Plummer: Let's discuss that, then.
Ms. Kearson: OK.
Mayor Clark: Discuss it.
Vice Mayor Plummer: When you start talking about totally separate from the City, that means
that all of that property within that district becomes within the ownership of the CRA?
Ms. Kearson: That's correct, same as we've done with the Overtown/Park West Redevelopment
District.
31 May 11, 1995
k"
Mr. Cesar Odio (City Manager): But City -owned property.
Ms. Kearson: City -owned property.
Vice Mayor Plummer: OK.
Mr. Odio: We don't own anything.
Ms. Kearson: We don't own anything. I don't think we own anything in the Omni area at this
point.
Vice Mayor Plummer: All right. Does this... What control does this City Commission still hold
over that which exists within our boundaries?
Mr. Odio: The same way as the Overtown, you are the board, you are the CRA Board. You
have to approve the budget. You have to approve everything else that goes on there.
Ms. Kearson: Right.
Vice Mayor Plummer: Are they bound by all of the rules and regulations that we, as City, are?
Do they have to go out for any bidding? Do they have to go out...
Mr. Odio: No. That's the difference.
Ms. Kearson: That's the difference, and that's a significant difference. As the CRA, you can
establish your own procurement procedures, in terms of disposition to the property. The State of
Florida does, in fact, have some requirements that will be imposed upon you. They are not as
stringent as our City Charter provisions.
Vice Mayor Plummer: Well...
Ms. Kearson: As a matter of fact, if I may continue, under City Charter Provision 29-13, there is
already existing an exemption for any project developed pursuant to the Community
Redevelopment Act. So it is... Right now, we still have the authority to do things differently in
the Community Redevelopment areas.
Mr. Odio: Let me just point out, the importance of a CRA is that it has flexibility to act in
redevelopment areas that we do not have, and that's why... the importance of the CRA for the
Overtown area and this area, because they can act without some of the restrictions that we have.
Ms. Kearson: That's correct.
Commissioner Dawkins: But we still... But it still, J.L., reports back to the City Commission,
the CRA, for direction.
Ms. Kearson: That's correct.
Vice Mayor Plummer: Miller, my only problem, you know is the checks and balances, that's all.
Commissioner Dawkins: I just told you, it's checks and balance, because the City Commission...
The CRA must report back to the City Commission, which is the CRA.
Vice Mayor Plummer: Now, let me give you an example, and maybe I'm wrong, and if I am, so
correct me. It is my understanding, under this scenario, that they could go out and do something
without a bidding process.
32 May 11, 1995
Commissioner Dawkins: No.
Ms. Kearson: No.
Vice Mayor Plummer: Well, I'm asking that.
Commissioner Dawkins: No. I'm telling you no.
Ms. Kearson: That's not correct. That's not correct, Commissioner.
Commissioner Dawkins: That's not correct. Don't explain it no more. It's not correct. He said
tell him whether it was yes or no. No.
Vice Mayor Plummer: I hear you.
Ms. Kearson: The State Statute requires that there be a competitive process.
Vice Mayor Plummer: OK.
Mayor Clark: Any further discussion?
Commissioner Dawkins: Move it.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Second it.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-363
A RESOLUTION RESCINDING, IN THEIR ENTIRETY, RESOLUTION NO. 88-888,
ADOPTED OCTOBER 6, 1988, AND RESOLUTION NO. 94-833, ADOPTED
NOVEMBER 17, 1994; FURTHER ACKNOWLEDGING THE COMMUNITY
REDEVELOPMENT AGENCY FOR THE OMNI REDEVELOPMENT DISTRICT
("CRA") AS A LEGAL ENTITY, SEPARATE, DISTINCT, AND INDEPENDENT
FROM THE COMMISSION OF THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
33 May 11, 1995
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.
Ms. Kearson: Mayor Clark, now, what we have to do for the next resolution is to adjourn as the
City Commission.
Commissioner Dawkins: No, recess.
Ms. Kearson: Recess. I'm sorry. Recess as the City Commission and convene as the
Community Redevelopment Agency.
Commissioner Dawkins: I so move.
Mayor Clark: Show us in recess.
Vice Mayor Plummer: Second.
(VOTE FOR THE RECORD: AT THIS POINT, THE CITY
CONSIDERATION OF THE REGULAR
AGENDA TO CONDUCT A MEETING OF THE COMMUNITY
REDEVELOPMENT AGENCY.
Mr. Dawkins: What do we do now?
Ms. Linda Kearson (Assistant City Attorney): All right. The second resolution of the
Community Redevelopment agency is to designate a Chairperson and a Vice Chairperson for the
agency.
Mr. Dawkins: OK. Well...
Ms. Kearson: And also authorizing an individual to execute all documents on behalf of the
CRA.
Mr. Dawkins: All right. I am the Chairperson, the Mayor is the Co -Chair, and Mr. Herbert
Bailey is to be the Executive Director. Is that what you're saying, Madam?
Mr. Clark: That's right.
Ms. Kearson: Well, that's what I'm saying we have to do. This is what this resolution will do.
34 May 11, 1995
MA
Mr. Dawkins: All right. Where is the resolution, so we can have it?
Ms. Kearson: And the title would read:
"A resolution designating Commissioner Miller Dawkins as the Chairperson,
Chairman, and Mayor Steve Clark as the Vice Chairperson, respectively, of the
Community Redevelopment Agency; further authorizing Herbert Bailey to
execute all documents on behalf of the Community Redevelopment Agency."
Mr. Plummer: Why would that not be the Chairman?
Ms. Kearson: Well, this is what was proposed. I'm just...
Mr. Plummer: I would feel much more comfortable with the Chairman, who is directly
responsible to this Board to be in that capacity.
Mr. Dawkins: OK, no problem. OK. All right.
Mr. Plummer: So we'll change that, then, the authorization to Miller Dawkins.
Mr. Clark: Miller Dawkins, right.
Ms. ICearson: All right.
Mr. Clark: OK. I move that. Is there a second?
Mr. Plummer: Second.
Mr. Clark: Call the roll.
The following resolution was introduced by Mayor Clark, who moved its adoption:
OMNI/CRA RESOLUTION NO. 95-1
A RESOLUTION DESIGNATING MILLER J. DAWKINS AS THE CHAIRPERSON
AND STEPHEN P. CLARK AS THE VICE -CHAIRPERSON, RESPECTIVELY, OF
THE COMMUNITY REDEVELOPMENT DISTRICT ("CRA"); FURTHER
AUTHORIZING MILLER J. DAWKINS TO EXECUTE ALL DOCUMENTS ON
BEHALF OF THE CRA.
(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.
35 May 11, 1995
Note: The aforementioned Resolution was inadvertently given a number (R-95-
364) as normally assigned to legislation where City Commission action has
ensued. After concurrence with the City Attorney, it was agreed that the OMNI
Community Redevelopment Agency (CRA) should have its own numerical
sequence for any legislative action in instances where the Commission sits in the
capacity as the Board of Directors. Since the City Commission had reconvened
as the OMNI/CRA, the establishment of the aforementioned numerical sequence
is warranted, and said legislative action was given a beginning number of
OMNI/CRA R-95-1.
Chairperson Dawkins: All right. What else, Madam City Attorney?
Ms. Kearson: The third resolution, what you are asked to prepare, was to authorize the
execution of the interlocal agreement between the Community Redevelopment Agency and
Metropolitan Dade County. You have included in your packet a document that had been
prepared several months ago with regard to this interlocal agreement, which, of course, has to be
modified. It is my understanding that the County submitted another version of this agreement,
which was just brought to our attention recently, that, I guess, they would like to discuss.
Chairperson Dawkins: No, wait. Mr. Mayor and my fellow Commissioners, I... And as the
CRA Chairperson, take offense to the County preparing resolutions, sending them over here to
be...
Ms. Kearson: No, no.
Chairperson Dawkins: ... as if we do not know how to prepare resolutions.
Ms. Kearson: It wasn't a resolution. It was the agreement.
Chairperson Dawkins: I say "me." I didn't ask you. I'm telling you, "me." OK? Now, every
time something comes up, the County prepares a resolution and sends it over, Mr. Mayor, and
tells us to rubber stamp it. In this resolution that we have before us today, the CRA Board, when
it was started, said that the first one point five million dollars ($1.5 million), because of the
taxes, has dropped to one point one seven mills (1.17). That one point one seven mills (1.17),
Mr. Mayor, has the bonding capacity of eleven million dollars ($11,000,000).
Vice Chairperson Clark: Right.
Chairperson Dawkins: Now, the County wants us to go back on our word and tell... dictate to
the County that the one point one million dollars ($1.1 million) that we gave you - and we gave
it to the County - of which the County decided it would take one point - whatever the bonding
capacity was - for the Performing Arts Theater, and do that, which we agreed to, which we will
continue... We're going to give. We have to give. The County already has one point one seven
three million dollars ($1.173 million), which has a bonding capacity of eleven million dollars
($11,000,000). OK? So therefore, it is my recommendation to this Commission that we do not
amend anything. The County already has the one point one seven three million dollars ($1.173
million), they can...
Vice Chairperson Clark: If they want to separate it...
Chairperson Dawkins: If they want to separate it, that's right, Mr. Mayor. If they want to divide
it up, they divide it up. If they're not desirous of dividing it up, they don't divide it up. But if
you'll notice, ever since you have been here, Mr. Mayor, all of the discussions on homeless
money has been before this Commission. Now, where is somebody from the County?
36 May 11., 1995
.—
Mr. Odio: If I may.
Chairperson Dawkins: Where is somebody from the County?
Mr. Odio: If I may, Commissioner Penelas is upstairs. We're going to call him down.
Chairperson Dawkins: Why...
Mr. Plummer: Well, can I ask this question, Miller?
Chairperson Dawkins: Yes.
Mr. Plummer: What happens on this interlocal agreement, whether it's ours, which we want, or
those which they have proffered, if they don't agree to it?
Chairperson Dawkins: Well, they've already agreed to... The County has already agreed to the
one point one seven three million dollars ($1.173 million). They have agreed to that. That's
theirs.
Mr. Plummer: That's from the CRA money or from the Omni District money?
Chairperson Dawkins: That's the CRA money from the Omni District. That's the only money
in discussion, J.L.
Mr. Plummer: Well, no. We're going to be discussing more money this afternoon, and that's
why I'm trying to get...
Chairperson Dawkins: But that has nothing to do with the interlocal agreement.
Mr. Plummer: Oh, no, I... No, but it does the Omni District, which is contiguous to the CRA
District.
Chairperson Dawkins: What is?
Mr. Plummer: The Omni District...
Vice Chairperson Clark: Yeah, sure it is.
Mr. Plummer: ... is part and parcel of the CRA.
Chairperson Dawkins: Yes, that's right.
Mr. Plummer: And the CRA is part and parcel of the Omni.
Chairperson Dawkins: Right, mm-hmm.
Mr. Plummer: OK? Now, they're going to be coming this afternoon, or this morning, and
asking this Commission to allow five million dollars ($5,000,000) of the money from the Omni
District to be used for the homeless.
Chairperson Dawkins: No. That's what we're discussing now. That's what we're discussing
now.
37 May 11, 1995
k,
Mr. Plummer: I'm confused, I'm sorry.
Chairperson Dawkins: OK.
Vice Chairperson Clark: Alex, Alex, please.
Chairperson Dawkins: Good morning, Mr. Commissioner.
County Commissioner Alex Penelas: Good morning.
Chairperson Dawkins: We're discussing the interlocal agreement, where there is the wishes to
take the one point one seven three million dollars ($1.173 million) and the County bond eleven
million dollars ($11,000,000), and the County put five million ($5,000,000) of that to the
homeless, and five million dollars ($5,000,000) to the Performing Arts Theater. It's my
understanding since I've been here, when the fund was... the Omni Redevelopment Fund was
established, the one point five (1.5), which has been reduced because of the reduction in
assessment tax, it has gone down to one point one seven three (1.173) mills. The City
Commission and the County agreed that that first - don't leave, Mr. Bailey - that first one point
seven three (1.73) would go to the County. At that time, the County decided that that one point
one seven three (1.173) would be used to fund the development of the...
Vice Chairperson Clark: Performing Arts.
Chairperson Dawkins: ... Performing Arts Theater. And at the time, another resolution was sent
requesting that the City Commission amend that interlocal agreement, and that we, the City
Commission, demand that half of that money go to the housing, and half of that money go to the
Performing Arts Theater. I'd like to know from you, has this been... this request been to the
committees at the County? If so, what was the action? And if it left the committee and went to
the Commission for a vote, how did the Commission vote, and why is it the County will not take
the one point one three million dollars ($1.13 million) and divide it, itself? Why does it want the
City to be the one to divide the one point three (1.3)?
County Commissioner Penelas: Thank you, Commissioner Dawkins. Mr. Mayor, members of
the City Commission, good morning. Alex Penelas, for the record, 111 Northwest 1st Street,
Miami, member of the Board of County Commissioners. Let me give you a little bit of historical
background first. I think it may shed some light on the issue. In July of 1993 - so we're talking
about almost two years ago - the Board of County Commissioners took up the final financing
package for the development of the Performing Arts Center. As you know, there's three basic
pots of money. There is the convention tax, which will produce a hundred and twenty, a hundred
and thirty million dollars ($120,000,000 - $130,000,000), after it's bonded out. There is a
commitment from the Performing Arts Center Foundation, the private fund-raising arm, to raise
approximately forty million dollars ($40,000,000), private dollars, for the development of the
center. And then, there is this Omni Tax Increment District, which... And Ed Marquez is here
from the Finance Department. I would ask him to help me with this. But my understanding
right now, the amounts that we are projecting is one point four two million ($1.42 million) a
year - one point four three ($1.43 million) a year. That's what we're projecting, in terms of our...
That was all brought to the City Commission - the County Commission. As you know,
Commissioner Dawkins, and many - the Mayor and many of the City Commissioners - that
whole issue took on a life of itself. Whether we should even site it at the Omni District, there
were concerns about the ownership of the property, the Miami Herald's involvement. There
were concerns among many of my colleagues regarding the failure of the capital program to
address community needs, i.e. local community theaters that were totally left out of the process,
whether minority groups would have access to the Performing Arts Center, and how would they
have... All these issues kind of came together at the same time, and when we voted on the issue,
38 May 11, 1995
k-
there was a series of amendments that were made to the entire package, one of which was to
dedicate - and Michael, I don't remember what the amount was for local theaters - eight million
dollars ($8,000,000) for capital improvements to local community theaters, Artime here and...
Chairperson Dawkins: May I cut you off, sir? What does that have to do with the tax increment
funding from the Omni District? That's what I'm...
County Commissioner Penelas: I'm trying to give...
Chairperson Dawkins: No, no. That's what I'm trying to discuss. OK? I need to know from
you that... The City of Miami already has approved a one point... And I'm not going to argue
with the figures because you and I could, you know, we could put the figures together and see
where they are, whether it's one point four (1.4) or one point one (1.1). That money, the City
has given to the County. It's already in the County. So now, what is it the County wants... Why
can't the County take that and divide it the way it wants to divide it? Why must we be the bad
fellow, and have the Performing Arts say we took five hundred thousand ($500,000) from them?
County Commissioner Penelas: Because it requires an interlocal agreement.
Chairperson Dawkins: Well, but you already have an interlocal agreement. You have an... You
need an interlocal agreement to amend it.
County Commissioner Penelas: No. We... When we passed the financing package,
Commissioner Dawkins, in '93, which was what I was getting to, in addition to the other
amendments that were made, there was a five million dollar ($5,000,000) amendment, and it...
because I wanted to answer your question on the vote of the Commission, which was
unanimously approved by the Board of County Commissioners, 13 to zero. In other words, I
made a motion that I amend the entire... I amended the entire financing package to include five
million dollars ($5,000,000) to deal with the homeless issue in the district. That passes 13 to
zero. Subsequently, other amendments were made to the effect that, Michael Springs was
indicating, of local community projects, eight million dollars ($8,000,000). That passes, I
believe, also, by a unanimous vote. The entire financing package then passes, I believe, by a
nine to four vote, if I remember, Michael. So those items were dealt with by the Board of
County Commissioners. Then the question was, where would be the best place for that five
million dollars ($5,000,000) to come from on the homeless piece? Can't from the convention
tax. The language doesn't allow it. Can come from, "A," the Increment District, or "B," the
private monies. In order to put some strings on it, in order to make it... in order to make the case
work, the decision was made to pursue it from the Increment Tax District, because you had a
housing component within the enabling legislation. So an interlocal is drafted over the next few
months. It comes to this Board of City Commissioners about three months ago, and yes, you all
already did pass the interlocal, you're correct, but you excluded the five million dollar
($5,000,000) appropriation to deal with the Homeless Center. The reason we're back here is
because I think we have positively dealt with the concerns that were expressed by the
community at that time, and that was to you all, "We don't want the five million dollars
($5,000,000) to be used to build yet another homeless facility within the Omni Taxing District,"
because the way the language was set out is you could have used the monies for a variety of
homeless uses within the district. We went back, and have, in fact, now conceded on the point.
The five million dollars ($5,000,000) will not be used for another facility. It would be used for
the facility that you all already sited at the 1550 site, and that's why we're here today.
Chairperson Dawkins: All right. Three questions.
County Commissioner Penelas: Yes, sir.
39 May 11, 1995
V,
Chairperson Dawkins: Number one. You said the money can come from the Tax Increment
District. You said that.
County Commissioner Penelas: Yes, sir. Yes, sir, I did.
Chairperson Dawkins: We've already given you one point one million dollars ($1.1 million) in
the Tax Increment District. OK? And that's eleven million ($11,000,000). Now, why you not
want to take five million ($5,000,000) from that, I do not know. That's number one.
County Commissioner Penelas: Sir, that's a question you will have to ask the lawyers.
Chairperson Dawkins: I don't have to ask anybody. I'm telling you what we're not going to do.
OK? If that... We've already given you one point one million ($1.1 million), which will bond
eleven million ($11,000,000). You must go back to your Commission. You must convince your
Commission that they have to give you half of that.
County Commissioner Penelas: Commissioner Dawkins, that's already been done, sir, with all
due respect...
Chairperson Dawkins: Well, why are you here, then?
County Commissioner Penelas: Well, if you're correct in saying that we, the County
Commission has the authority to do this, we've already done it.
Chairperson Dawkins: No, no, no. I said the County Commission can or cannot. I don't know
what you have. We gave you... We didn't give you the...
County Commissioner Penelas: You all may want to answer this.
Chairperson Dawkins: Mr. Bailey, explain this, since he's got a professional. Mr. Bailey, Mr.
Bailey, give us, professionally, how this... where this is before I... then he can take it over.
Mr. Herb Bailey (Assistant City Manager): Yes, Commissioner. Well, there are a couple of
things, Mr. Chairman. The facility that they are talking about, the Homeless Housing Center,
was not part of the original redevelopment plan. The interlocal agreement simply says how we
will interface with the trust fund and do the financing for the entire area. It happens that before
the interlocal was sent back to us to sign or approved by the County, there was some concern
about the Performing Arts Theater, and we had no problem with that, because it is legitimate to
use tax increment money for infrastructure, and we were told that the money that was going to
the Performing Arts Theater was going to be used for infrastructure purposes only. So that was
fairly easy for us to do, and we have made some preparation to amend the plan, just to be on the
safe side, to include some consideration for the Performing Arts Center. However, when the
Homeless Housing Center came into being... And both of these are public facilities, and
inasmuch as the facility is almost finished, there is some concern as to the legitimacy of using
tax increment money for the Homeless Housing Center. Regardless of what you do here today,
this still has to go back for plan amendment, and several public hearings. The one point one
seven three ($1.173 million) - and that's based on the current contribution, not the contribution
that... when we set up the district. The assessments have gone down. - we have put into the
interlocal agreement how the County wishes to spend this money. And I think what they're
doing is just trying to make sure that we agree on the method of distribution. We may agree that
it can be done, but we still have some serious concerns as to the legality of doing it that
particular way. However, we will, depending on what you decide, make the necessary
amendments to the redevelopment plan, take it back to the HUD (Housing and Urban
Development) Advisory Board, the CD Advisory Board, and all of the public hearings, to see
40 May 11, 1995
what comes out of that. I have the understanding, which I didn't have when we did the first
amendment, that all of the tax increment money would be used for bonding purposes. I now
understand, as I read the document that was sent to the City, that it's a combination of bonding
and reimbursement. That causes us some other concerns. But it is appropriate to spell out the
financing strategy in the interlocal agreement, but that doesn't mean anything, other than that we
have to make some other adjustments. And it has to go through a public process that's going to
take three to four months.
Ms. Linda Kearson (Assistant City Attorney): And to add to that, Mr. Chairman, we have
consulted with bond counsel regarding the legality of using tax increment funds, as well as
issuing bonds for an existing facility. And we were advised that we were possibly subject to
legal challenge, because there is no authority for doing that. So while the intent may be to assist
them in the homeless shelter, we need to make sure that we can legally do that.
Mr. Plummer: Can I ask a couple of questions?
Chairperson Dawkins: Mr. Gort, and then you.
Mr. Plummer: I'm sorry, go ahead, Willy.
Mr. Gort: Since I'm fairly new at this, and I was not here for the original proposal, but my
understanding is when you put a CRA together, you have to put a plan, and that plan has got to
be approved by the people that pay the taxes. Ain I correct?
Mr. Bailey: There has to be a public hearing, yes.
Mr. Gort: In other words, my understanding is when this was first put together, there was a plan
that was presented to the individuals paying the taxes, and they voted on that plan.
Mr. Bailey: It was started without any consideration for either one of those public facilities.
Mr. Plummer: Well, that's not an answer to his question. His question was, I assume...
Chairperson Dawkins: Wait, let... You don't know whether... You don't know whether it
answers his question or not then.
Mr. Plummer: Well, then I'll ask it in a different way.
Chairperson Dawkins: But let Gort say it doesn't answer his question, and then you ask your
own. Go ahead, Commissioner Gort.
Mr. Plummer: Well, I think we're playing with semantics here.
Mr. Gort: OK. So what we're saying is, if we change the plan, we have to go back to the people
and let the people approve that.
Mr. Bailey: Yes.
Mr. Gort: OK. Thank you.
Chairperson Dawkins: OK. Go ahead.
Mr. Plummer: Excuse me. My question is, do the people who pay that have the right to say yes
or no?
41 May 11, 1995
k,
Mr. Bailey: They have a right to approve or not approve the plan. They don't have a right to
approve or not approve, but they have a right to have a public hearing and voice their concerns.
That's right.
Mr. Plummer: Well, you see, that's the semantics they're playing. Sure, you've got to give
them a public hearing. Who makes the decision? This Commission makes the decision.
Ms. Kearson: That's correct.
Mr. Plummer: They, the people of the area, do not make the decision. That's the point that I
was saying the semantics are being played.
Mr. Bailey: But I don't think he asked that question.
Mr. Plummer: Now, are you finished, Mr. Gort?
Mr. Gort: No.
Mr. Plummer: OK.
Mr. Bailey: He asked me did it have to go back.
Mr. Gort: Let me tell you why I'm not finished.
Mr. Plummer: Let's get it on the record, what's exactly clear.
Mr. Gort: I understand that, but right now, we're going through the process within the
downtown area where people have taxed themselves for a specific use, and before that money
can be used, it's got to be approved, and we make the final decision. But I think the people
paying for the taxes have got a lot to say also.
Mr. Plummer: I agree with that.
i
Mr. Gort: Especially in a special district.
Mr. Plummer: Now, are you finished?
Mr. Gort: Yes, sir.
Mr. Plummer: OK. The first question. Has there been a public hearing by the people of the
district to make their approval or disapproval of the plan?
Mr. Bailey: The original plan, yes.
Mr. Plummer: OK. Then there is a modified plan?
Mr. Bailey: No. They're asking for a modification.
Mr. Plummer: Who is "they"?
Mr. Bailey: The County.
Mr. Plummer: OK. Now, on that modified plan, has the meeting been held of the participants,
which I would call the taxpayers?
42 May 11, 1995
Mr. Bailey: No.
Mr. Plummer: OK. 5o according to all that's holy, I assume we are bound by, that those two
hearings must take place.
Mr. Bailey: Those hearings must take place, all public hearings.
Mr. Plummer: Before any action can be taken by this Commission.
Mr. Bailey: That is correct.
Mr. Plummer: All right. Now, from that point, is it my understanding that this tax increment
district will create approximately, call it for round numbers, a million dollars ($1,000,000) a
year, on today's known factors?
Mr. Bailey: We're currently collecting one point one seven three million ($1.173 million).
Vice Chairperson Clark: That's what they're collecting today.
Mr. Plummer: Per year.
Mr. Bailey: Per year.
Mr. Plummer: OK. It is also, then, my understanding that the Homeless Trust is asking of that,
monies, from whichever till it comes, five million dollars ($5,000,000).
Mr. Bailey: Correct.
Vice Chairperson Clark: Half of it, yes.
Mr. Plummer: OK. Now, is that per year? Is it for five years? Is it for a hundred years? How
many years is that five million ($5,000,000) to be for? Is it for one year only?
Mr. Bailey: They haven't made that very clear to us. We just have...
Mr. Plummer: Well, you damn well better believe they're going to.
Mr. Bailey: Well, let me just say that...
Vice Chairperson Clark: Wait a minute. J.L., first of all, the five million ($5,000,000), this is a
bond issue, now. It doesn't repeat itself.
Mr. Plummer: Well, Mr. Mayor...
Vice Chairperson Clark: You use the receipts and you pay off the issue. You can't get five
million ($5,000,000) a year out of it, no.
Mr. Plummer: Well, I hear you but...
County Commissioner Penelas: Mr. Mayor, may I clarify that point?
Mr. Plummer: Yeah.
43 May 11, 1995
County Commissioner Penelas: Commissioner Plummer, it is not the intent, as far as I
understand, to bond the five hundred thousand dollars ($500,000). A portion of the stream
would be...
Mr. Plummer: Five hundred thousand ($500,000) or five million ($5,000,000)?
Mr. Bailey: Well, five hundred thousand ($500,000).
County Commissioner Penelas: It would be five hundred ($500,000) for a period of ten years.
Mr. Plummer: Oh, oh, yeah. OK.
County Commissioner Penelas: So to answer your question, it's not five million ($5,000,000) a
year. It's a total of five million ($5,000,000), period. The way it's been set up in the documents
is it's a five... it's a stream of money, five hundred thousand ($500,000) a year of which would
go to this use. The other monies, then, could be bonded. So the question or the concern raised
by counsel would not apply as it relates to this part of the stream, which is an allocation of five
hundred thousand ($500,000).
Chairperson Dawkins: But if you have a bonding capacity of eleven million dollars
($11,000,000), you take the one point one seven three ($1.173 million), and you bond it out at
eleven million ($11,000,000), and you're only taking five hundred thousand dollars ($500,000)
from that, what do you do with the four point five million dollars ($4.5 million)?
Mr. Bailey: I think what he's saying, Commissioner, is that they intend, as I understand it as of
last night, reading the revised resolution that they sent over, interlocal that they sent over, they
intend to take five hundred thousand ($500,000) directly from the trust fund, without bonding it
out for a period of ten years, and leave the balance there, I guess, for bonding for the Performing
Arts. I was just made aware of that recently. We had always been under the impression... We
were always under the impression...
Chairperson Dawkins: Mr. Gort, and then Mr.... then the City Manager.
Vice Chairperson Clark: Just a moment, let him...
Mr. Plummer: Well, I thought I still had the floor, but I'll...
Chairperson Dawkins: Well, hold it, J.L. Mr. Gort has the floor.
Vice Chairperson Clark: Please, wait just a moment.
Mr. Bailey: I'm...
Chairperson Dawkins: Mr. Gort has the floor.
Mr. Gort: The way it works, the rule of thumb is, whatever revenue you can get a year, you
multiply by ten, and that's the amount of bonds that you can get out.
Vice Chairperson Clark: That's for the total amount.
Chairperson Dawkins: Go ahead, J.L.
Vice Chairperson Clark: Let me ask this question, J.L. Hold on.
44 May 11, 1995
or
Chairperson Dawkins: Go ahead, Mr. Mayor. The Mayor first.
Mr. Plummer: Go ahead, Mr. Mayor.
Vice Chairperson Clark: Alex, did the County realize that they've got to go back through these
two hearings?
County Commissioner Penelas: Not only to deal with the homeless issue, but to deal with the
Performing Arts Center. Your own Assistant City Manager will tell you that the redevelopment
plan does not mention the Performing Arts Center. So not only do we have to go back to amend
the plan for the center, the Homeless Center, if you want to use the money to build the
Performing Arts Center, you've got to amend it there, too. We understand that.
Chairperson Dawkins: Why?
County Commissioner Penelas: But you all need to start the mechanism. That's why I think
there's... this is not the final... This starts a process in place. This doesn't end the process. This
simply says that the County, assuming everything else goes into place, public hearings, et cetera,
that the County and the City agree on the use of eleven million dollars ($11,000,000). That's all
we were talking about.
Vice Chairperson Clark: I think what this Commission wants to hear from the public first, about
the... before they agree to the disposition, a half and half process. I think that's the reluctance
here.
Mr. Plummer: Well, I'd like to get some clarification, if I could, Mr. Mayor, please. It is my
understanding - or am I correct, Mr. Bailey? - that in an approximate one million dollars
($1,000,000) per year that this will generate, that there is a ten multiplier?
Mr. Bailey: Ten, yes.
Mr. Plummer: OK. So that means every year, that a million dollars ($1,000,000) generated, is
the capacity for another ten...
Mr. Bailey: No, it is not. The first time...
Mr. Plummer: Well, that's what I'm trying to ask.
Mr. Bailey: Yeah. That one point one seven million ($1.17 million) will pay for a bond issue of
20 to 30 years, and that money will be committed until that debt has been satisfied. Now, any
new money coming in over and above the debt service coverage that we have to have can be
used for additional bonding.
Mr. Plummer: OK.
Chairperson Dawkins: For the area, for the CRA area.
Mr. Bailey: Just for the area, yes.
Mr. Plummer: OK. So that bond that you're looking at is eleven million ($11,000,000).
Mr. Bailey: The first one is eleven million ($11,000,000). That's what, we were under the
impression, was going to be done.
45 May 11, 1995
k,
Mr. Plummer: Then my next question is, Mr. Bailey, what is proposed in whatever plan at this
time, for the monies that were not asked for by Mr. Penelas?
Chairperson Dawkins: It would be put by the CRA back into the redevelopment of the Omni
area.
Mr. Bailey: For the community.
Mr. Plummer: With the permission of the area residents; is that correct?
Mr. Bailey: No, that has already been approved. They have already approved the use of that
fund for that purpose. It's for the purpose of redevelop...
Mr. Plummer: Where is the money for the Performing Arts supposedly coming from?
Mr. Bailey: It's coming from that fund. Let me just explain.
Chairperson Dawkins: When the area... When the fund was created, J.L....
Mr. Plummer: Yeah.
Chairperson Dawkins: I mean, when the Tax Increment District was created...
Mr. Plummer: Correct.
Chairperson Dawkins: In that organization or creation, it was spelled out that the first... at that
time, it was the first one point five million ($1.5 million) but since there has been a devaluation
of property it is now the first one point one seven three million dollars ($1.173 million) would go
to the County into this fund.
Vice Chairperson Clark: Redeeming at bondage.
Chairperson Dawkins: Yeah, revolving... And anything over that remains in the fund to be used
for the redevelopment in the Omni area.
Mr. Plummer: And then my question, again, is it to be understood that from those leftover
funds, is where a donation would be given to or a fund given to the Performing Arts?
Chairperson Dawkins: No.
Vice Chairperson Clark: No.
Mr. Bailey: No.
Mr. Plummer: Where is that money coming from, if any?
Chairperson Dawkins: That's what I'm trying to get through here, and nobody don't seem to
under... That first one point one million dollars ($1.1 million), that's it. And that's to go to the
Performing Arts, for them to bond out eleven million ($11,000,000) that they will pay over the
years...
Mr. Plummer: To them.
Chairperson Dawkins: ... with that one million dollars ($1,000,000).
46 May 11, 1995
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Mr. Plummer: OK.
Chairperson Dawkins: And now, somebody wants to come in and tell me, take a half a million
dollars ($500,000) from that, or take half of it, and then... Then that's not what we agreed to.
Mr. Plummer: So what you're proposing, then, if I understand correctly, is to take the one
million dollars ($1,000,000) or the one million four ($1,400,000), whatever that is, bond it out,
which...
Chairperson Dawkins: No. Give it to the County.
Mr. Bailey: No... OK, give it to the County. We'll have to... The trust fund has its own
integrity, and I think that's another matter we need to discuss. The trust fund has its integrity in
terms of what it can do with those funds, in regards to future debt, and borrowing capacity.
Mr. Plummer: OK. If we give the money, Mr. Bailey, to the County, is it with the
understanding that this Commission would be looking for the County to say, "Hey, when you
bond this out, that five million dollars ($5,000,000) of that money is to go for this"?
Mr. Bailey: That's what they... That's the request, Commissioner. Actually...
Mr. Plummer: I understand it's a request, but if the County is the one who's doing the bond
issue...
Mr. Bailey: No, they're not the... no...
Mr. Plummer: ... don't they have more control than we do?
Mr. Bailey: That is another question that has to be solved by legal brains.
Mr. Plummer: Then how could we sit here this morning and make decisions?
Mr. Bailey: No. The CRA is the authority who is responsible for managing the trust fund. It is
not the County, it is not the City of Miami, it is the CRA. We had agreed that the County could
use money from the trust fund to bond out, providing certain conditions are met, and that's all
we're talking about. Now, if it's the County's desire to use it for purposes other than the
Performing Arts Trust, that's all right with us. However, it has to meet certain legal tests. And
as I'm told now, that it is intending not to bond out the five million dollars ($5,000,000) or the
money for the Homeless Housing Center, but to take it directly from the trust fund, on a cash as
received basis, that has some concerns with us, also.
Mr. Plummer: Then if I understand, if that were to be the case, if they were to take the money
directly from the fund, you would have no money left to bond.
Mr. Bailey: We'd have half of... We'd have six hundred... the City puts in six hundred and
sixty-eight thousand six hundred and forty-four dollars ($668,644). The County puts in five
hundred and five thousand ($505,000). Essentially, what they're asking for is to give theirs back
for ten years.
Mr. Plummer: Yeah, but it would...
Chairperson Dawkins: And then...
47 May 11, 1995
County Commissioner Penelas: Well, if I may, Mr. Plummer.
Chairperson Dawkins: I'm sorry.
County Commissioner Penelas: Commissioner Plummer, Mr....
Chairperson Dawkins: OK. And then that means then that... One moment, please, Mr.
Commissioner. Then that means that the City of Miami would be on the hook for the one point
seven (1.7) that we allowed the Performing Arts to bond out.
Mr. Bailey: No, we wouldn't be on the hook for anything. The money comes in the trust fund,
and according to the requests, that we disburse it, based on this modification, five million
($5,000,000) to the County over a period of time, which Commissioner has said, over a ten-year
period of time, and the rest of it will be bonded out for the Performing Arts Trust. We're not...
The CRA is a non -recourse type of financing agency. It's only based on the tax increment. And
that depends if we get that every year. There may be some years it may go down. It may go up.
We don't know. But what I am saying to you, in the worst case scenario, if nothing else happens
in the district, then there will be no money for the redevelopment other than for the Performing
Arts and the Homeless Housing Center.
County Commissioner Penelas: Thank you, Commissioner Dawkins. First of all, I don't think
it's fair to characterize what the County wants to do is simply give us back the five hundred
($500,000) we're putting into the pot. When this issue was taken up in 1993, the Board of
County Commissioners recognized the dire straits of the homeless situation, and felt, as a matter
of policy, Mr. Bailey, that we should deal with these issues hand in hand, not just build, you
know, a beautiful hundred and seventy-two million dollar ($172,000,000) cathedral on Biscayne
Boulevard, and forget about the people, who, on a daily basis, sleep on the streets. We felt that
those issues should be dealt with hand in hand. If you're going to use a hundred and seventy
million dollars ($170,000,000) to build this center on Biscayne Boulevard, you could use some
of this money to help with capital improvements and local community theaters. You could use
some of the money for the homeless. That was the idea. It wasn't that we wanted our money
back, number one. Number two, let me clarify the bonding issue. And again, Ed Marquez is
here, and please correct me if I'm wrong. The County is the issuer. We are the ones issuing the
money.
Mr. Plummer: Right.
County Commissioner Penelas: My understanding is that our projections are one four three
(143) a year. That's the capacity that we're going to use. The five hundred thousand ($500,000)
would go towards the specific use, Homeless Assistance Center, period. The other monies, the
remainder of the stream would be bonded, and our calculations are, is that it would produce
about eight million dollars ($8,000,000). The original number was eleven (11). By taking away
five hundred ($500,000) a year from the stream, the remainder leaves you a capacity for a... a
bonding capacity of about eight million dollars ($8,000,000) a year. That is going directly to the
Performing Arts Center, assuming that's what you all decide, because that's part of this
interlocal, and it's part of the issue dealing with the amendment of the plan. Any excess, my
understanding is that any excess over the committed stream of one point four (1.4) would then be
available back to the City, is my understanding, for your allocation, consistent with the
development plan. So you could then take... It doesn't have to be Performing Arts Center,
doesn't have to be the Homeless Assistance Center. It could be...
Chairperson Dawkins: It will not be.
County Commissioner Penelas: I'm sorry?
48 May 11, 1995
Chairperson Dawkins: It will not be.
County Commissioner Penelas: Right. It could be a sidewalk project. It could be whatever it is
that you all decide.
Vice Chairperson Clark: It's the Omni area.
County Commissioner Penelas: It's in... within the Omni area. That is correct.
Mr. Plummer: District, yeah.
Vice Chairperson Clark: Alex, I think we're all on the same page. Now, let me see if I got the
right feeling of my colleagues in this Commission. This possibly could work if it's legal; is that
right?
Mr. Bailey: Yes. We...
Vice Chairperson Clark: I don't think anybody up here is against the homeless issue. I'm not.
I've already proven myself in the past.
County Commissioner Penelas: Absolutely.
Vice Chairperson Clark: Now, to make sure this is all legal, there are certain steps that have to
be taken.
County Commissioner Penelas: And we recognize that.
Vice Chairperson Clark: Before :hose steps can be taken, we cannot sign this agreement. We
can't prejudge the thoughts of the people exercising their right to their own opinion.
County Commissioner Penelas: I think, Mayor, what we need to do now is have a discussion on
what that process is. I'm going to tell you what I think, what I understand the process to be.
Vice Chairperson Clark: Yeah.
County Commissioner Penelas: And my understanding is, is at first, you all and us, the City
Commission, and County Commission, have to agree on how the monies could be used. We've
got to have a plan. We've got to amend the redevelopment plan. We've got to execute an
interlocal. Then, it goes through the public hearing requirements, and the other type of...
Vice Chairperson Clark: Well, that's...
County Commissioner Penelas: That is my understanding of the project. Is that correct?
Vice Chairperson Clark: That's expo facto. You can't do that. How are you going to have any
input when you've already signed the agreement?
Mr. Bailey: I would like to ask one other question.
Chairperson Dawkins: Go ahead, Madam County Attorney.
Vice Chairperson Clark: Yes.
49 May 11, 1995
kr
Ms. Dianne S. Gaines (Assistant County Attorney): I'm Dianne Gaines, Assistant County
Attorney. Any interlocal agreement that you approve or sign would have to be subject to the
amendment of the plan. I mean, I agree with you. I mean, that... the plan must be amended. I
think what the County is basically asking for is that you proceed with amending the plan, in
conformance with the intent, as identified in the interlocal agreement. I mean, there are... there
are steps that... advertisements and public hearings. But your staff needs direction from you to
proceed with those so that the plan can be amended to include those two components.
Mr. Plummer: The point... I'm still confused. Are we talking as Miller Dawkins is talking?
Are we talking as Mr. Penelas? And let me say for, the record, what I understand the two
differences are. Mr. Dawkins is saying, take the one point four three (1.43), bond out, getting
approximately eleven million dollars ($11,000,000), from which five million ($5,000,000) of
that could go to the homeless, if approved.
Chairperson Dawkins: If the County approves.
Mr. Plummer: If the County approves. What Mr. Penelas is saying is that he wants, of the one
point four three (1.43) for his homeless scenario, five hundred thousand (500,000) a year for ten
years. Is that the basic differences of what we're looking at?
Chairperson Dawkins: No.
County Commissioner Penelas: No, I don't think so.
Mr. Plummer: OK. Tell me where I'm wrong.
County Commissioner Penelas: I think the basic difference is that the Commissioner is saying,
"We've already given you, the County, the authority to use this money. You decide." What I'm
saying is, my understanding is that there has to be an interlocal. In other words, the monies are
coming from City proceeds, and from County proceeds, and before we proceed collectively on
how to spend the money, there's something that Mr. Odio has to sign, and there's something that
Mr. Vidal has to sign. So it's not... Commissioner, if you were right, I'd rather not be here this
morning. But I'm being told that we've got to be here, have a meeting of the minds on the use of
the money, sign a document, and then go through the process, advertise, public hearings. Now,
what will happen is, as an example, if the homeless piece is not here, then when we go... then
you will send, you will transmit the interlocal to the County minus the homeless piece, only with
the Performing Arts Center piece, then we're going to have this same debate over there, and
we're going to go back and forth, and we're going to say, "That's not what we wanted. We
wanted five million ($5,000,000) for the homeless." So a series of Commissioners are going to
then say, "No, we don't want this interlocal, we reject it." And then, you don't have any money
for the Performing Arts Center. You don't have...
Chairperson Dawkins: Or the homeless.
County Commissioner Penelas: Of the eleven.
Chairperson Dawkins: Or the homeless.
County Commissioner Penelas: Or the homeless.
Chairperson Dawkins: Either one.
County Commissioner Penelas: Right, exactly.
50 May 11, 1995
Mr. Bailey: May I make a statement, please? May I make a statement? I think...
Chairperson Dawkins: After Mr. Bailey, we'll hear from these two citizens.
Mr. Bailey: Just to set the record straight...
Chairperson Dawkins: Anybody from the County wants to be heard? OK. Go ahead, sir.
Vice Chairperson Clark: Go ahead, Mr. Bailey.
Mr. Bailey: Just to make... set the record straight, the only reason we're probably dealing with
the interlocal is that when we completed the process for the first... for the Tax Increment District,
which did not include any of the County facilities, it was normal procedure to send it over to the
County to be approved.
Vice Chairperson Clark: That's right.
Mr. Bailey: It was held up for three or four years, and then the homeless issue got into... the
homeless issue and the Performing Arts issue became a part of the process. If this were done
correctly, we would not even be at the point of an interlocal. We would still be talking about
plan amendment and plan development. And what we should be, instead of dealing with an
interlocal agreement, which surely has little relevancy and meaning now, based on how they
want the plan amended, we should be talking about amending the plan, and the legality of what
should be included in the plan. Now, we need to know, before we can do anything, what are the
specific uses of the money, as it relates to the housing center. We already know the specific uses
of the money for the Performing Arts Theater. It's for infrastructure. But there are certain
prohibitions in the statutes that you cannot use the money for, and the homeless center contains
some of those prohibitions. So we need to know specifically what the homeless center will be
using the money for. We should be doing an amendment to the plan, not the interlocal
agreement.
County Commissioner Penelas: Mr. Bailey... if I may. Mr. Dawkins, to respond.
Chairperson Dawkins: Go right ahead, sir.
County Commissioner Penelas: I think this is a play on semantics, because what's happening
here is, the meeting of the minds could take place either in the form of an interlocal, or it could
take place in the form of an amended plan. What your resolution here should be directing the
Manager to do, if there's a meeting of the minds in the form of an interlocal, is addressing the
Manager to amend the development plan. So if you all want to take up the amendment of the
plan now, that's just as well. There's got to be a meeting of the minds, which hasn't taken place
yet.
Chairperson Dawkins: The Manager and then the City Attorney, and then Ms. Smith, if she
wants to say something.
Mr. Odio: Well, Commissioner, what I understand is we need to know what you are going to use
the five hundred thousand dollars ($500,000) specifically for.
County Commissioner Penelas: For operational purposes.
Mr. Odio: And as we talk, I would like... Before I...
Mr. Bailey: That is not an eligible use.
51 May 11, 1995
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Mr. Odio: Excuse me.
Mr. Bailey: Sorry.
Mr. Odio: Before I can recommend that we do that, we had a conversation, Alvah Chapman and
yourself with me. We have to come up with a plan on the Naval Reserve Center that we're
providing an alternative for the homeless center that was coming there. And I was told that we
could use the five hundred thousand dollars ($500,000) for an alternative plan, to comply with
the request of the Federal Government on the Naval Reserve Center.
Mr. Plummer: But not from the Omni money.
Mr. Odio: No... Yes, you can.
Mr. Plummer: From the Omni money, you're going to put it down here?
Mr. Odio: Commissioner, can I finish, please, sir?
Vice Chairperson Clark: Don't get it more encumbered than it is.
Mr. Odio: If they can come up with a plan of the Homeless Center, that they're going to provide
the services that were going to be provided here, it will then meet the requirements of the Federal
government, and we can proceed with whatever plan we come up with this property here. We
must comply with the Homeless Center that was going to be put here.
Chairperson Dawkins: OK. Mr. Mayor, I'd like to hear from the City Attorney and two people
over here. Then we'll let Mr. Penelas rebut it, and then we'll go.
Ms. Kearson: Mr. Chairman, what I would suggest we do is to... We can enter into an interlocal
agreement without being specific as to the Homeless Center and Performing Arts Center, and
proceed to amend the plan, because my concern is that the money cannot be used for operating
expenses. The State statute does not allow tax increment funds to be used for that purpose.
Vice Chairperson Clark: That's the whole problem.
Ms. Kearson: Well, that's what we need to find out. We need to be certain that what we're
doing is legal.
Mr. Plummer: Why didn't we do that before we got to this point?
Ms. Kearson: So we can enter into an interlocal agreement, and we can begin to amend the plan
and go through the process, and make those determinations. But to request that we do that today,
to approve what you're proposing, I think would be ill advised today to do that.
Vice Chairperson Clark: Mr. Bailey.
Mr. De Yurre: Miller, if I may.
Chairperson Dawkins: Yes, sir, go right ahead, Mr. De Yurre.
Mr. De Yurre: Just for the record, you know, when I met with Commissioner Penelas and a
group of people that came to see me, the understanding was that the five million dollars
($5,000,000) was going to be for capital improvement of our center, downtown, so that would
52 May 11, 1995
free up money to build the other centers throughout the County, so that we would not get the
burden of people coming from other areas of the County into downtown, which, for the record,
was one of the conditions that we had a year ago, that that would not be the case, but that's
something that we can discuss at another time. The five hundred thousand ($500,000) coming
up now to be used for operations, that's totally different from what I spoke about and what I
committed to. So just for the record, you know, I'm just going to sit back and start listening to
this, but whatever commitment I had was just for the five million dollars ($5,000,000) for the
capital improvement of the downtown homeless center.
Vice Chairperson Clark: I wouldn't mind voting for that, if it's legal. That's all we're talking
about. And our attorney is advising it's not legal.
County Commissioner Penelas: Commissioner. De Yurre, if I may.
Vice Chairperson Clark: That's the whole...
County Commissioner Penelas: Our attorney is telling us that it does not specify. It says it's a
reimbursement mechanism. It doesn't specify operating or capital, but for... But in any case,
whether it is for either one of them, the underlying purpose of freeing up money to be able to
move forward on the other projects remains. I mean, that still stays in place, irrespective of
whether you're using it for capital or for operating. But I'm being told now it's a reimbursement
mechanism.
Mr. De Yurre: I know, but understand this. It isn't like having a five million dollar
($5,000,0000) pot, that you can build something within a year. When I see five hundred
thousand ($500,000) trickling in every year for ten years, that says to me that by... If you tell me
by year ten, this has not been built out, then we're in serious trouble. So the five hundred
thousand ($500,000) should not be for capital improvement as the years go by. It should have
been built already, just like we're building this one downtown...
Mr. Plummer: I got a problem with that.
Mr. De Yurre: ... like we're looking at the one down in South Dade. The one in South Dade
should be built within two years.
County Commissioner Penelas: It will be built before then, Commissioner.
Mr. De Yurre: OK. So then, what is the need for the five hundred thousand ($500,000)? It's
not going to be for capital improvement, because it's already been built.
Vice Chairperson Clark: He said operating expenses.
Chairperson Dawkins: He said operating expenses.
Mr. Plummer: You can't...
Mr. De Yurre: Well, that's not what I, you know, what I spoke to.
Mr. Plummer: Yeah, but Victor, let me tell you where my problem comes with that, OK? In
effect, if we give them the right to take five million dollars ($5,000,000) for the downtown,
which frees up money to build somewhere else, in effect, we're building somewhere else.
Mr. Bailey: Right.
53 May 11, 1995
Im
b
Mr. Plummer: OK? Now, that's my problem. Because let me tell you something, whatever
proviso, there's going to be two, whatever I vote on. The first proviso is that any funds coming
from that Tax Increment District for the homeless will be only for that facility, and in no way,
shape, or form, diverted to another facility. Number two - and I'm cleared, Mr. Mayor, from the
City Attorney to make this comment - if this Commission is forced to designate safe areas that
any monies that we have control over would immediately go to the City's financing of those
areas. So those are the two provisos that I have. OK?
Vice Chairperson Clark: By Federal Court, you mean.
Chairperson Dawkins: OK, OK.
Vice Chairperson Clark: By Federal Court.
Mr. Plummer: Yeah, yeah.
Chairperson Dawkins: Mr. Bailey, let me Mr. Yaffa speak, and then you wrap it up, please, sir.
Mr. Phillip Yaffa: Thank you, Commissioner. A lot of new information has come out in the last
12 hours. We just learned now that part of the tax increment is going to be allocated over a ten-
year period of time to the homeless shelter. Going back to 1986, and I don't think we have to
educate this Commission, these funds are specific, identified taxpayer funds, taxpayers that live
within the Omni area. The purpose of the Tax Increment District is to help eliminate areas of
slum and blight. They, too, would be used for infrastructure improvements, for things like
Margaret Pace Park, for lighting, for streets, for land acquisition. If a developer came into this
City and said, "Listen, I'm interested in building a media center in the west Omni area, but
there's 250 property owners and I can't assemble the land. I'm looking for the City of Miami to
assemble the land and lease it to me, and I'll go ahead and build a media center there," you can
then look to the tax increment and say, "Hey, we've got a pot of money here to do this." So the
entire purpose of the Tax Increment District is being prostituted by taking the money away from
infrastructure and land development and being applied to the operational expenses of the
homeless shelter. That's objection number one. Objection number two is a more sensitive and
emotional objection. I don't have to remind this Commission that less than a year ago, the
community was really torn apart, especially those residents in the northeast section, and
specifically those residents in the Omni area. We all recall too vividly the passion and the
emotion that went forth in a marathon meeting that took place at the Knight Center that
ultimately resulted in this Commission granting the zoning variance that allowed the Homeless
Assistance Center to be sited in the Omni area. The Omni area will certainly have the brunt of
any projected problems if that facility goes on. To now ask specific taxpayers in the Omni not
only to have the burden of having the facility in the neighborhood, but now, to pay for the
operation of the facility is really disregarding your taxpayers' feelings. They were expressed to
you last July. Now, to take... These are not general fund monies. This tax increment comes
exclusively from the Grand Condominium and Hotel. That's where... It's the only increment
that has heard, which is why 1986 was the base year, because the Grand came on line on the tax
rolls in 1987. So I think that's really pouring salt in the wounds. We need that money to help
encourage development in the Omni area. That being said, and my opposition to the use of these
funds in other... in any manner other than infrastructure development being put on record, I spent
again a sleepless night last night trying to come up with a resolution of this issue. Commissioner
De Yurre, you're going to be a part of this, since you put a number of conditions on the siting of
the zoning last July. I would propose a compromise. We now know that from the one point four
three million dollars ($1.43 million) that was projected to be garnered, nine hundred thousand
dollars ($900,000) is going to be bonded by the CRA. Five hundred thousand dollars ($500,000)
for the next ten years is not going to be pledged to those bonds. It's cash money that's coming in
from the increment, that under the current plan, is saying, "Give it all to the Homeless Center."
54 May 11, 1995
k _-
The Performing Arts Center Trust has agreed to the reduction, because the five million dollars
($5,000,000) was initially pledged to the Performing Arts Center. Well, they sat down and did
their numbers and said, "You know what? We can give up five hundred thousand dollars
($500,000) worth of bonding capacity." So the Performing Arts Center gets something out of the
pot. The Homeless Assistance Center is asking for everything else, so they're taking something
out of our taxpayers' pot. The only people that aren't getting anything is the taxpayers, the real
specific tax dollars that I pay every year. So I propose this compromise. Let nine hundred
thousand dollars ($900,000) go as currently planned, as currently proposed to the Performing
Arts Center Trust. Take that existing five hundred thousand dollars ($500,000) that's left over
and allocate two hundred and fifty thousand dollars ($250,000) a year for the next ten years to
the Homeless Assistance Center, with the following two caveats. One, the two hundred and fifty
thousand dollars ($250,000) can only be spent on security. And when I say security, I'm not
talking about putting a homeless person in a T-shirt with the word "guard" on it. I'm talking
about eight additional police officers, or the number of police officers that are required. For your
information, Commissioner Plummer and Commissioner De Yurre, last July, former Police
Chief Calvin Ross stood before us and said that he thought you needed 67 officers to secure the
neighborhood. My understanding... I could be... I stand to be corrected. My understanding of
the most recent security plan is one squad car and four policemen, a far cry from the 67 that our
former Police Chief thought we needed. So let's take two hundred and fifty thousand dollars
($250,000), give it to them. One, make it only used for security, And two, Commissioner De
Yurre, you set a condition that every year, the Homeless Assistance Center has to come before
this body and we would review whether they're being the good neighbors we want them to be. If
they're not being good neighbors, your alternative is just to close the facility down, and that's a
relatively severe remedy. But by having an annual review of how the facility is functioning, and
whether they are keeping their word to this community, you now have a two hundred and fifty
thousand dollar ($250,000) hammer. The remaining two hundred and fifty thousand dollars
($250,000) should be allocated to infrastructure improvements for the next ten years, in the
Omni area. Currently, the interlocal agreement provides that the Omni/Venetian Action
Committee of the Chamber of Commerce will act as a citizens advisory group to the CRA. I
would propose that every year, after a series of neighborhood public hearings, that I will commit
the Omni Venetian... As chairman of the Omni Venetian Committee, I will commit that we will
have those meetings, that we meet with the Omni Area Council, the Downtown Development
Authority, that we have public neighborhood townhall meetings, and we say, we've got a pot of
two hundred fifty thousand dollars ($250,000) to allocate to area improvements. Those
improvements can go anywhere from fixing up Margaret Pace Park, additional lighting,
streeting, the implementation of the Burle Marx plan, from the northern boundaries of the district
to the Performing Arts Center, the improvements of 2nd Avenue, planting trees, maybe land
acquisition, if a developer comes in and says, "Listen, I want to build, and I need you to
condemn for me." We have two hundred and fifty thousand dollars ($250,000) being spent
immediately on direct neighborhood improvements that might help and assist us in overcoming
any detriment that the Homeless Assistance Center might cause. Now, how does this plan affect
everybody? The Performing Arts Center has sufficient money to build a facility. The Homeless
Assistance Center picks up an additional two hundred and fifty thousand dollars ($250,000) a
year, so they get a piece of the pie, and that money is being spent on a benefit that I perceive as
beneficial to the taxpayers of the area. And finally, the taxpayers get to invest, reinvest their
own dollars in their neighborhood, which was the whole purpose of the Tax Increment District,
to begin with. And although I would love to be able to walk away with the total piece of the pie,
in the spirit of compromise with our new neighbors, I'm willing to split that pie up three ways.
Thank you.
Vice Chairperson Clark: Thank you, sir.
Mr. Fred Joseph: Good morning. Fred Joseph, president of the Grand Condominium
Association, 1717 North Bayshore Drive. I realize in the past couple of days, you might have
55 May 11, 1995
received some faxes from the taxpaying district and the residents of that area. They are totally in
agreement with you not taking action on this, because, as you said, if you take action before you
hear from the taxpaying public, you're putting the cart before the horse. I think you've taken
action in regards to this homeless issue in the proper manner. We didn't like it. You did it. You
put certain check points in it. Now, the tax people don't want you passing something that's
going to say, you're now going to pay for something you didn't want through the operation of it,
and that's the language that's in it. When you go back to the State statute, it says that the funds
that were allocated in this Omni District, when you call it for housing, the housing that it called
for was for either temporary, which would be rental or permanent housing, not homeless shelter
housing. They're asking for these funds for operational funds, which means their clinics, their
shortfall, because they don't have the funds to do it with. We feel like that you put a burden on
our area. Now, don't make the burden worse by taking the money from our area, which was to
be for the improvement of the streets, the parks, the lighting, and development coming into the
area. The ironic part that Commissioner Dawkins brought up was the numbers depleted. It went
from one -seven down to one -one -seven. The reason was the area got so badly hurt before that
your tax base got hurt. Now, we're a hundred and eighty million dollar project that's viable,
that's selling units. If you want to stop it again from growing, then that's what these type of
agreements would do, stop more growth.
Vice Chairperson Clark: All right.
Mr. Joseph: Thank you.
Chairperson Dawkins: Thank you. Three...
Vice Chairperson Clark: Thank you, Mr. Joseph. Yes, ma'am.
Chairperson Dawkins: OK. Just a minute. Three minutes, sir.
Mr. Manuel Gonzalez-Goenaga: No, much less than that.
Chairperson Dawkins: OK, sir.
Mr. Gonzalez-Goenaga: Good morning, Commissioners. This proves, Mr. Chairman or the
Mayor, the rest of the Commission and the citizens, that the citizens are more creative than you
people. So from now on, make sure that you hear the citizens.
Mr. Gort: Name and address for the record.
Mr. Gonzalez-Goenaga: My hat, the American flag.
Mr. Gort: Name and address.
Mr. Gonzalez-Goenaga: Oh. My name is Manuel Gonzalez-Goenaga. I reside on 2469
Southwest 14th Street, a humble candidate in November.
Vice Chairperson Clark: All right. Thank you, Mr. Goenaga. Thank you, sir.
Mr. Gonzalez-Goenaga: And I don't need your help, Mr. Mayor, because you already...
Vice Chairperson Clark: I will help you...
Mr. Gort: You are already...
56 May 11, 1995
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Vice Chairperson Clark: I will help you out of here, if you want me to.
Mr. Gonzalez-Goenaga: You already gave five hundred dollars ($500) to Mr. De Yurre.
Vice Chairperson Clark: That's all right. That's outside, do your politicking outside.
Chairperson Dawkins: Mm-hmm. OK. Last... After this, we'll close the public hearing.
Ms. Sheila Anderson: All right. Thank you, Commissioner. My name is Sheila Anderson. I
have offices at 901 Northeast 2nd Avenue, and I am here speaking today on my own behalf, not
to lobby for another group. I'd like to bring up several points that I think you're all aware of, but
to remind you. Number one, with all due respect to Mr. Yaffa's good intentions, and his hard
work in this district, the Greater Miami Chamber of Commerce doesn't have legal authority to
represent any taxpayers in any neighborhood. If you're going to form a citizens group or add a
component of responsibility to the Tax Increment District oversight, it needs to be people who
pay taxes in the neighborhood, and who are accountable to each other in the neighborhood, not a
for -profit corporation that has nothing to do with a legal authority in the district. Another point
to remind you. When the permit for construction was issued, the issue of security came up, and
the Chief of Police stood here and gave you his estimate on cost, and concerns about security in
the area. We were told by the people representing the homeless shelter that they were
responsible, and had the money, and had a plan that would work. And basically, they're coming
back and saying to you today, or Mr. Yaffa is proposing that the community pay for the security
that this project is going to... or the security problems this project is going to create. Again, if
there is a need for security and the project is creating that need for security, I don't think it's fair
to ask the people who are impacted to pay for the problem. You need to go back to the people
who are causing the problem and let them handle the concern. The third thing is that no matter
what you do, if you give two pennies to this budget for operations, or management, or capital
improvements of this homeless shelter, which was supposed to be fully funded by the penny tax
that was adopted for homeless needs and from private contributions that were going to be raised,
you're going into taxpayer pockets to fund it, which I think is a breach of promise for the whole
community, which was told from the beginning this wouldn't happen. The other thing that
you're doing is you're setting a precedent that affects Overtown, it affects Brickell, it affects
every place there is a tax increment in place or that might be formed. Basically, you're saying
that the County can come in with special interest groups, and they can come before you, and they
can have meetings with you that none of the rest of us knew about or were invited to attend, and
they can convince you to divert Tax Increment District money for other uses, regardless of
whether or not the original voters in the Tax Increment [District] are fully informed and agree to
it. And I don't think you want to open up the City to that kind of effort. I think it's very
dangerous, and I think you're creating a situation where you're pitting taxpayer against taxpayer,
property owner against property owner, neighborhood against neighborhood. And you're not
helping build the City, you're not attracting business to the City, you're not building economic
development in the City, which is what the tax increment is meant to stimulate. You're solving
social problems that the County, and the Homeless Trust, and the Homeless Partnership told us
they were taking care of, so that we didn't have to use City money for it.
Chairperson Dawkins: Thank you. We've heard from everybody that was pro... I mean anti.
Mr. Chapman, would you have a few words to say to close it out, sir? You don't care to have
anything to say, Mr. Chapman? Alvah? Come on and say something, if it's wrong. Come on.
Mr. Alvah Chapman: I have nothing.
Chairperson Dawkins: OK.
County Commissioner Penelas: Commissioner Dawkins...
57 May 11, 1995
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Mr. Plummer: Can I ask one other question?
County Commissioner Penelas: May I... May I...
Chairperson Dawkins: Mr. Commissioner.
Mr. Plummer: Mr. Penelas...
Chairperson Dawkins: Let Commissioner...
Mr. Plummer: OK. I...
Chairperson Dawkins: He wants to...
Mr. Plummer: Well, he can answer this question later. It's... I would like to know and see a
total budget of operational year. In other words, what is it you hope to derive, with or without
this money that you're asking for here today, and what that money is going to be used for, and
I'd like to see it for at least a five-year projection.
Mr. Penelas: OK. Absolutely, Commissioner.
Vice Chairperson Clark: All right. You're the Chairman, now.
Mr. Penelas: Mr. Mayor and Commissioners, let me take a step back and try to put this in
perspective, because a lot of things have been said about there not being perhaps enough money
to fund the facility with current dollars. There's been talk about who's causing the problem
there. The reason we're here, and the reason why you probably only see three people objecting,
as opposed to the dozens you had here the last time the interlocal came up was because the main
concern of the community was that they did not want to spend, or have this money spent for
another facility, or for another homeless use in the district. That was the main concern. We
went back and we took the concerns of the community, the concerns that you all expressed as a
Board of City Commissioners, and we've amended the use of the money. We are complying
with your concerns of two or three months ago. It was not the original intent of the Board of
County Commissioners when the five million dollars ($5,000,000) was set aside to go towards
the Homeless Assistance Center, for one simple reason. There was no Homeless Assistance
Center two years ago. The plan was developed subsequently. So now, we've said, OK, we
agree that the Omni area is, obviously, putting in a lot to deal with this problem, and we will not
burden them with yet another facility or we will not fund another facility. That's why we're
trying to reach a compromise here and say that the money will be used to go into an existing
facility that you all have already sited. The other part of this, which I think, you know, now I'm
speaking to you as a fellow elected official, and as a matter of policy, that just doesn't make any
sense to me. I mean, the people from the Omni district are saying, you know, that's not what we
voted to spend the monies for, that it's not their problem, it's somebody else's problem. Mr.
Yaffa, who I respect and, you know, there's nothing more that I would like than to find an
amicable solution to this problem, is indicated that the only people who aren't getting anything
from this are the Omni residents. The Omni residents are getting the Performing Arts Center.
Let's not lose sight of that.
Chairperson Dawkins: No, they're not. Dade County is getting... I can't let you put that in the
record. Dade County is getting the Performing Arts Center, not the Omni people.
County Commissioner Penelas: You're correct, Commissioner Dawkins.
58 May 11, 1995
Chairperson Dawkins: OK. Say that, then, Mr. Penelas.
County Commissioner Penelas: But the Board of County Commissioners could have sited this
facility somewhere else.
Chairperson Dawkins: And it wouldn't have made me unhappy. OK?
County Commissioner Penelas: OK. And it would not have have made you unhappy.
Chairperson Dawkins: Thank you. OK, go ahead.
County Commissioner Penelas: So the point... The point being here is that if you're going to
look at who is specifically and directly going to benefit by increased property values, increased
economic opportunities, and so many other benefits that are going to be obtained by siting this in
this area, it's going to be the people in the Omni area. All of Dade County will benefit. You are
absolutely correct, Commissioner Dawkins. But as you well know, the property values in the
City of Hialeah are not going to increase by...
Chairperson Dawkins: No, because you aren't going... Yes, they will. You're not going to put a
Homeless Center in Hialeah. The properties are going to go way up.
County Commissioner Penelas: The City of Hialeah, I think, has dealt...
Chairperson Dawkins: No Homeless Center, no Homeless Center.
County Commissioner Penelas: ... very, very progressively with the issue of the homeless in the
past.
Chairperson Dawkins: But you're not... You're not putting a Homeless Center out there,
though. And you... And if I was living out there, I'd vote for you because of that.
Vice Chairperson Clark: All right. I'm not running this meeting. This is your meeting.
Chairperson Dawkins: OK. All right. I'm sorry, go right ahead, sir.
County Commissioner Penelas: If I may finish.
Chairperson Dawkins: Yes, sir, go right... Please continue, sir.
County Commissioner Penelas: OK. The point is, again, I just want to put in perspective,
Commissioner, why we're here. We're here because you all and the community did not want us
to spend this money for another facility in the district. We've given in on that issue. I would be
more than happy if you... Because there's two ways of proceeding with this. One is through the
interlocal, and one is through the plan. Both things need to occur. And I hope, Commissioner,
at this point, you're satisfied with that, because I think we've explained that. The reason why the
County can't simply use the money is because on the eleven million dollar ($11,000,000) piece,
you and I, the City and the County, have to agree. We have to agree on how to spend the money.
I would be satisfied either way. If you all would give your Manager instructions to proceed with
amending the plan - I'm not talking about the interlocal at this time - amending the plan, which
you have to do anyway, to put the Performing Arts Center there, because you can't spend this
money, and I'm being told by our staff that we've got to make an allocation of - what? - fifteen
million dollars ($15,000,000) in the next couple of weeks to deal with the... with the what? For
the what, I'm sorry?
59 May 11, 1995
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(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
County Commissioner Penelas: For the architectural plans. I mean, we've already got to make a
substantial commitment of money to deal with the plans, and we haven't concluded...
Chairperson Dawkins: Which plans?
County Commissioner Penelas: For the architectural plans.
Chairperson Dawkins: Architectural plans for what?
County Commissioner Penelas: For the Performing Arts Center.
Chairperson Dawkins: OK. Well, say...
County Commissioner Penelas: Yeah, for the Performing Arts Center. That... If the interlocal
isn't agreed to by then, that it may cause further delay. So I would be satisfied either way, Mr.
Mayor, if you all could give instructions to the Manager to start dealing with the plan, amend the
plan, let's include all the necessary language, and you start the process. We would be happy
with that.
Chairperson Dawkins: OK. All right. The City is no longer over this, it's the CRA. So the
CRA would have... I mean, I'm just telling you that it would be the CRA that would be dealing
with this, not the Manager. So don't spend time going to the Manager's Office. It's the CRA.
County Commissioner Penelas: OK. Well, can you... All right, let me ask you a question, then.
Chairperson Dawkins: Yes.
County Commissioner Penelas: Because I want this process to start. I don't want us to... Would
you all be the ones giving instructions to the CRA to amend the plan?
Chairperson Dawkins: Yes.
County Commissioner Penelas: OK. Would you...
Chairperson Dawkins: Or whatever. Go ahead, Mr. Bailey. And after Mr. Bailey, we're going
to bring this to closure. We've been on it an hour and a half.
Mr. Bailey: Well, I'm going to yield to Ms. Anderson. She's been...
Chairperson Dawkins: No, no, no. You will close this out. Ms. Anderson has talked. She can't
talk all morning. OK, let's go.
Mr. Bailey: We will do whatever this board determines that we should be doing. We have
already started the process some time ago on the amendment to the redevelopment plan. We
would need some participation from the County, because we have no idea at all what the
parameters of the Homeless Housing Center will be involved, and we have to have our legal
counsel determine whether or not those components they are suggesting that the money be used
for fit within the statutes. So back to Commissioner Penelas and directing, perhaps, the County
Staff, that they should designate someone to work with us from the program end, so we can
determine how we redesign or amend the redevelopment plan and take us through this plan
process.
60 May 11, 1995
Chairperson Dawkins: OK.
Mr. Plummer: Would it be not...
Chairperson Dawkins: Commissioner.
Mr. Plummer: Wouldn't it be somewhere along the line where people are telling me from this
ear over here that they cannot use it for operational, that that determination be made first?
Mr. Bailey: We'll make that determination when we do the amendment to the plan, because it's
very complicated and we need to have...
Mr. Plummer: Excuse me. Why do you go through spinning your wheels, if you find out that
that is not a possibility of going through amending the plan? First...
Mr. Bailey: There are some possibilities. There are some possibilities. The Performing Arts,
for infrastructure, I don't think we even have to amend the plan for the Performing Arts Theater,
because they have already indicated it's for infrastructure. That is an eligible activity. I do not
know what the activity is with the homeless center.
Mr. Plummer: All right. Let me... Mr. Mayor, may I? I'd like to make a motion... I'm sorry.
Chairperson Dawkins: That's all right. I don't mind. I don't mind.
Mr. Plummer: I was going to make a motion, as a member of the CRA Board, that we instruct
the board to commence hearings with the people of the district, within 60 days.
Mr. Bailey: Commissioner, now, the process is a little different. Once we do the planned
amendment, it has to go before the HUD (Housing and Urban Development) Advisory Board of
the County, and then from the County, it has to go to the Planning Advisory Board of the City,
and from there, it comes to the CRA...
Mr. Plummer: Whoa, whoa, whoal Mr. Bailey, you know, maybe you like this bureaucracy. I
don't.
Mr. Bailey: Well, that's the law.
Mr. Plummer: Excuse me. If we go through that process, that this Commission may deny after
public hearings, don't go through that process, sir. OK? What I'm saying to you, you have the
proposal of an amended plan. Start having the hearings with the CRA and the public. This
Commission will then make a determination as to whether we will modify, whether we will
amend, or we will do nothing.
Mr. Bailey: OK. I like that.
Mr. Plummer: Then, if, in fact, you run with it to the HRS (Housing and Rehabilitative
Services), and the HRT, and the ABC, and all the rest of it, but don't do it until this CRA Board
has acted.
Mr. Bailey: OK.
Chairperson Dawkins: What is your motion, Commissioner?
Mr. Plummer: My motion is that this CRA Board commence hearings with the public that are
directly involved with the Omni redistrict within 60 days.
61 May 11, 1995
Chairperson Dawkins: And report back.
Mr. Plummer: No. We have the... We are the CRA Board, and we'll have the hearings right
here, I assume.
Chairperson Dawkins: OK. Beautiful, wonderful. Is there a second to the motion?
Mr. Plummer: OK? We don't have to report back. We will be the report.
Chairperson Dawkins: All right. Is there a...
Mr. Gort: Second.
Chairperson Dawkins: Under discussion. Is there a proposed date of the maker of the motion,
by...
Mr. Plummer: Sir, I said within 60 days. I would assume the sooner, the better.
Chairperson Dawkins: OK. All right. Well, then...
Mr. Plummer: I would hope it could be.
Chairperson Dawkins: We will notice it in the newspaper and over the radio that the meeting is
there, so there will be a public notice.
Mr. Plummer: I would ask the Manager if he has within the next 60 days, either the meeting of
the 25th or the meeting of June the 22nd, if it's going to be a half a day meeting for zoning, that
we consider a morning item for either one of those days. The 21st would probably be too quick.
Chairperson Dawkins: OK. We'll hold one in the community first, J.L., and then bring the
second one back here.
Mr. Plummer: If that's what you want.
Chairperson Dawkins: All right. Mm-hmm. OK. Is there any further discussion on the motion?
County Commissioner Penelas: Commissioner Dawkins.
Chairperson Dawkins: Yes, sir.
County Commissioner Penelas: Could I please understand, just so I can take this back to my
board what the process is? Because I think that's what's delaying this whole thing. And I want
to understand what the...
Chairperson Dawkins: J.L., explain the motion.
Mr. Plummer: Alex, very simply, as we're told, we've got to have two public hearings of the
people, of the district.
County Commissioner Penelas: To amend the plan.
Mr. Plummer: To amend the plan.
62 May 11, 1995
County Commissioner Penelas: OK.
Mr. Plummer: OK? We will hear that from the public.
Chairperson Dawkins: Input, input from the public.
Mr. Plummer: They will either convince this Commission to take action to do either of the
following. One, amend the plan; if so, how it will be modified; or, if, in fact, they will deny any
modifications to the plan. But that would be... You're asking to don't let this thing drag out.
County Commissioner Penelas: Right.
Mr. Plummer: So I'm saying that hearing will take place within 60 days.
County Commissioner Penelas: OK.
Mr. Plummer: You've got to have a hearing... the first one. OK? And at that time, we will set
the hearing for the second one. You want it in 30 days? I don't care. I'm just trying to say,
listen, as you said, Commissioner, let's get this one more big item behind us.
Chairperson Dawkins: OK.
Mr. Plummer: OK?
Chairperson Dawkins: All right.
Mr. Plummer: My saying is no more than 60 days. It could be 30, it could be whatever.
Chairperson Dawkins: Call the roll, Madam Clerk. Is the motion understood?
County Commissioner Penelas: If I may, Commissioner.
Chairperson Dawkins: Yes, sir, Mr. Penelas.
County Commissioner Penelas: OK. I agree with the fact that the process should begin. I'm
just trying to make sure we know what we have to do. The County, via a 13/0 vote of the Board
of County Commissioners, in July of '93, have already indicated that five million dollars
($5,000,000) are being requested for homeless. I assume that's already in the record, and you all
are aware of that. Does the County then make a presentation at these hearings? Do we prepare
that in writing, ahead of time? For example, Mr. Yaffa has a series of amendments I'm sure
he'll be presenting to the plan.
Vice Chairperson Clark: I think that you must have your Law Department look into this. As our
Law Department has advised us at the present time, you can't do it for operating expenses. Now,
I'd have to have an answer back... You better have some ground to stand on there, Alex.
Chairperson Dawkins: I will notice...
County Commissioner Penelas: And the County...
Chairperson Dawkins: I will notice you of the meeting, and I would suggest that you bring
everybody there who could help convince us of your point.
County Commissioner Penelas: We would also be, then, the authority requesting that you amend
the plan to include the Performing Arts Center; is that correct?
63 May 11, 1995
Chairperson Dawkins: You've already done that, and I'm not going to...
County Commissioner Penelas: Is that...
Chairperson Dawkins: No, no, no. You've done that here. OK?
Mr. Plummer: Well, excuse me.
County Commissioner Penelas: No, I've done...
Mr. Plummer: My understanding is, the plan must be amended.
Chairperson Dawkins: Yeah.
County Commissioner Penelas: To include the Performing Arts Center.
Mr. Plummer: It's got to be... Just for the Performing Arts alone, it has to be amended.
County Commissioner Penelas: And what I'm... I'm just confirming that we would be the ones
coming forth and asking you to do that, as well, at this public hearing.
Mr. Plummer: It can be self -initiated.
Mr. Gort: Right, yeah.
County Commissioner Penelas: OK.
Vice Chairperson Clark: All right.
Chairperson Dawkins: OK? Call the roll.
The following motion was introduced by Mr. Plummer, who moved its adoption:
OMNI/CRA MOTION NO. 95-2
A MOTION OF THE CITY OF MIAMI COMMUNITY REDEVELOPMENT
AGENCY TO SCHEDULE TWO (2) PUBLIC HEARINGS TO BE HELD WITHIN
THE NEXT 60 DAYS IN CONNECTION WITH PROPOSAL TO AMEND THE
OMNI AREA REDEVELOPMENT PLAN RELATIVE TO THE PROPOSED
HOMELESS HOUSING COMPONENT AND THE PERFORMING ARTS CENTER,
ONE PUBLIC HEARING TO BE HELD IN THE AFFECTED DISTRICT, AND THE
SECOND PUBLIC HEARING TO BE HELD IN CITY HALL COMMISSION
CHAMBERS; FURTHER REQUESTING THE CHAIRMAN OF SAID AGENCY TO
AGREE WITH THE ADMINISTRATION AS TO ACCEPTABLE DATES FOR SAID
HEARINGS, AS WELL AS ENSURE THAT APPROPRIATE ADVERTISING OF
SAME IS PLACED IN LOCAL MEDIA SOURCES (INCLUDING NEWSPAPERS
AND RADIO.)
64 May 11, 1995
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Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Mr. Wifredo Gort
Mr. Victor De Yurre
Mr. J.L. Plummer, Jr.
Vice Chairperson Stephen P. Clark
Chairperson MillerJ. Dawkins
NAYS: None.
ABSENT: None.
Note: The aforementioned Motion was inadvertently given a number (M-95-365)
as normally assigned to legislation where City Commission action has ensued.
After concurrence with the City Attorney, it was agreed that the OMNI
Community Redevelopment Agency (CRA) should have its own numerical
sequence for any legislative action in instances where the Commission sits in the
capacity as the Board of Directors. Since the City Commission had reconvened
as the OMNI/CRA, the establishment of the aforementioned numerical sequence
is warranted, and said legislative action was given a beginning number of
OMNI/CRA M-95-2.
Mr. Plummer: I might make a suggestion to you, Mr. Penelas, since there's been a lot of things
that have been said that were not nice, in a way, shape or form, that you make public anything in
any meetings that you have regardless to this matter. I think the thing that was... Some of the
problems we've had is the so-called secret meetings that people of the area didn't know about. I
can tell you that I was accused of attending a meeting that I didn't even know about, nor did I
attend, and I think if we can try to keep down some rumors by saying, hey, if there are going to
be meetings, let's let it be known, let it all hang out, and let's try to do it from that point, that
standpoint, and I would ask my Administration to do the same.
County Commissioner Penelas: Commissioner, I think that's very well taken. I would only ask,
though, that you expand your comments to go beyond myself, and everybody that's been
involved in the issue, elected or otherwise, because...
Mr. Plummer: Absolutely.
County Commissioner Penelas: ... all of our hearings are required to be in the sunshine. We do
not conduct business outside of the sunshine.
Mr. Plummer: Well, we operate in the moonshine, but that's all right.
County Commissioner Penelas: Unlike private parties, who can meet in private.
Chairperson Dawkins: You know, and I have to agree with Commissioner Penelas. It's not the
County Commission, it's not meeting in the sunshine, it's not the City Commission. It's Mr.
Alvah Chapman's group, who, a Judge told him that he did not have to meet in the sunshine. So,
now, J.L. Plummer can yell and scream all he wants. There's just certain homeless meetings that
will not be in the open.
Vice Chairperson Clark: All right. Next case.
65 May 11, 1995
Chairperson Dawkins: And there's nothing we can do about it.
Vice Chairperson Clark: Next case. Next item. Thank you.
Chairperson Dawkins: First we have to go... I move that we adjourn the CRA meeting.
Mr. Gort: Second.
Chairperson Dawkins: All right. Now, we'll go back into the regular agenda.
Vice Chairperson Clark: Yes. All right. Thank you.
NOTE FOR THE RECORD: There being no further business to
come before the CRA Board, the meeting was adjourned at
approximately 11:20 a.m., after which the meeting of the City
Commission was resumed.
----------------------------------------------------------------------------------------------------------
11. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO EXECUTE AGREEMENT WITH MONTE CARLO CASINO CRUISES
FOR DOCK SPACE AT CITY -OWNED MIAMARINA TO VERIFY
LEGALITY.
Mayor Clark: Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: We have one of our colleagues who is very kind to us, Mr. Casden, from Miami
Beach, where is he?
Commissioner Gort: He's here.
Mayor Clark: On item number 56.
Mr. Odio: Commissioner... Mr. Mayor, on item 56, what I'd like to do...
Mayor Clark: Is withdraw it.
Mr. Odio: No, sir. I would like to ask you to authorize us to go out on an RFP (Request for
Proposals) for that particular site. I want you to put on the record that these people came to us,
they offered us an annual rent of a hundred and eighty thousand dollars ($180,000) guaranteed.
Vice Mayor Plummer: Which site, Mr. Mayor?
Mayor Clark: Without a doubt, it's...
Mr. Odio: Now, since then, we have had offers of more. What I'd like to do, when we bring
back the RFP, Mr. Mayor, is that we put all the commercial slips out for RFPs also, since...
66 May 11, 1995
Mayor Clark: Mr.... Before we ever do that? It's against the law, it's against the Charter.
Mr. Odio: To do the RFPs?
Mayor Clark: Yes, sir, because you can't even... The proposed agreement seems to be a flagrant
violation of Charter number 29-AD. Also, the Miami Charter cannot be disregarded by the
Commission, since its equivalent to the City Constitution, attended by... It's got to be amended
by referendum, if this ever goes in.
Mr. Odio: The R...
Mayor Clark: Yes, sir. It's not... Anything to do with gambling, it has to go before the... If you
have to...
Commissioner Dawkins:
Mayor Clark: Yes.
waterfront property.
Vice Mayor Plummer: Well, what... Wait a minute, wait a minute, wait a minute. Excuse me.
Are we talking, Mr. Mayor, about...
Mayor Clark: Authorizing the City...
Vice Mayor Plummer: ... leasing out property, or are we talking...
Mayor Clark: No, sir. This is authorizing the City to execute an agreement between the City
and Monte Carlo Casino Cruiselines.
Vice Mayor Plummer: No, no, no, excuse me.
Mr. Odio: This is a slip.
Vice Mayor Plummer: Are we talking about... That's what I'm asking. Are we talking about
leasing a piece of property...
Mr. Odio: No, sir.
Vice Mayor Plummer: ... or are we leasing out a space, which we do all the time?
Mr. Odio: A slip of.. A slip.
Vice Mayor Plummer: We're still the owners, and we...
Mayor Clark: You can't do it, though, J.L.
Commissioner Dawkins: That's right.
Mayor Clark: You can't do it.
Vice Mayor Plummer: Mr. City Attorney...
Commissioner Dawkins: I tell you what. I move that this be deferred until whoever explains
this to the Mayor, and me, and everybody else, that you can do it, because I'm with the Mayor.
It can't be done.
67 May 11, 1995
Mr. Odio: Well, that's why I was trying to... Since I know there are some people that are
interested in the same slip...
Commissioner Dawkins: No, no, no.
Mayor Clark: No.
Commissioner Dawkins: No, no, no.
Mr. Odio: Let me finish. This is a... We're talking about a boat tying up to one of our slips.
Commissioner Dawkins: But see...
Mayor Clark: That goes out beyond the three-mile limit, and has gambling on it.
Mr. Odio: Yes, sir, that's...
Mayor Clark: Yeah, that's right.
Commissioner Dawkins: No, no, you...
Mr. Odio: But we have many other boat...
Commissioner Dawkins: I move that this be deferred and brought back at the next Commission
meeting when I understand why the Mayor and...
Mayor Clark: And Mr. Attorney, you want to have an answer for the question I asked.
Commissioner Dawkins: That's right.
Mayor Clark: Whether it's legal or not legal.
Commissioner Dawkins: That's right. And also, explain to me why one gentleman has been
trying to get a slip for five years, and he can't get one, and the Monte Carlo got one overnight.
Explain that.
Mr. Odio- That's...
Commissioner Dawkins: No, no, no. Explain that at the next meeting.
Mayor Clark: OK.
Vice Mayor Plummer: Whew!
Mayor Clark: Thank you. All right. Let's go back to item number...
Vice Mayor Plummer: Well, OK. I just... At the next meeting, Mr. Manager, you know, I don't
want to be sneezing at two hundred thousand dollars ($200,000) a year, or more. So I would
hope that you would expedite the answer to the Mayor, and Commissioner Dawkins, right then
and there.
Commissioner Dawkins: You know, I don't mind sneezing at two hundred and fifty thousand
dollars ($250,000), if it's legal, honest, and equitable.
68 May 11, 1995
Vice Mayor Plummer: Absolutely.
Commissioner Dawkins: OK? But you can't just come in here... I don't know how much
money we missed over the years by not allowing the gentleman who wanted a boat in there for
five years. We could have missed two hundred and fifty thousand dollars ($250,000) a year
from him.
Vice Mayor Plummer: Excuse me.
Commissioner Dawkins: But you didn't...
Mr. Odio: No, sir.
Commissioner Dawkins: You could have. I'm saying you could have.
Vice Mayor Plummer: Excuse me. Mr. Dawkins - and I want it on the record clear - sir, I am
not, in any way, shape, or form inclined to vote with the gentleman, whoever he is here this
morning asking for this. I am so inclined to the Manager's recommendation that we go out for
an RFP and see what is the best thing we can do...
Mayor Clark: No...
Vice Mayor Plummer: ... we can stipulate what we will allow and what we won't. But we...
Commissioner Dawkins: All right. OK.
Mayor Clark: J.L., I want the City Attorney to come back and tell us that stipulation before we
ever go out with an RFP.
Vice Mayor Plummer: Absolutely, Mr. Mayor.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, let me understand your question. Is your
query whether it's legal for the City to lease...
Vice Mayor Plummer: Space.
Mr. Jones: ... space to be used for those particular purposes or...
Mayor Clark: Do we want... Do we want a dock full of casino boats in the port of the City of
Miami?
Mr. Tony Pajares: It's only one boat.
Commissioner Dawkins: The first thing...
Mayor Clark: One boat isn't bad. One sin is not a sin...
Commissioner Dawkins: OK.
Mayor Clark: ... but a million sins are a big sin.
Commissioner Dawkins: OK. What I'm hearing, and what I want, Mr. City Attorney, is...
69 May 11, 1995
Mayor Clark: Who's in line and who's...
Commissioner Dawkins: ... if you are leasing the pier as a piece of property, or you are leasing it
as you would for somebody who comes in with a boat, and lease, and they'll go and go out. I
need to know how you get around this guy who's next door to this, who has a little slip that he
sleeps on, has...
Mr. Jones: Has a dockage agreement.
Commissioner Dawkins: That's what we're trying to get to, Mr. Attorney.
Vice Mayor Plummer: Can I ask a question? As the proposer here today, where would that boat
be docked? Where was it anticipated that it would be docked?
Mr. Pajares: On the outside wall of Bayside.
Vice Mayor Plummer: On the outside wall.
Mr. Pajares: Yes.
Vice Mayor Plummer: Now, why do you even have to come here today, when you have the
right to lease space at Miamarina, and ask the Commission... the permission of this Commission
to do such?
Mr. Pajares: Because the City Attorney's Office advised us to do that, because there is an
exclusive, and we're getting, instead of six hundred dollars ($600) a month, whatever the
dockage agreement, we're getting two hundred and twenty-four thousand ($224,000).
Vice Mayor Plummer: In other words, when a man rents a dock space, he doesn't have an
exclusive to that space for the rental of what he's paying?
Mr. Pajares: No. For instance, a tour boat, there can be three other tour boats.
Vice Mayor Plummer: OK. Well, let me just...
Mr. Pajares: You know, fishermen, there could be, as long as there's an empty slip...
Vice Mayor Plummer: My concluding remarks are, Mr. Mayor...
Mayor Clark: No further comment. Let's move on with the agenda.
Commissioner Dawkins: All right.
Vice Mayor Plummer: Fine. I'll make my comments at the next meeting.
Mayor Clark: All right.
NOTE FOR THE RECORD: Agenda item 56 was deferred until
the City Commission eeting of May 25, 1995.
70 May 1.1, 1995
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------------------------------------------ ---------------------------------------------------------------------
12. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF SATELLITE SCREEN FROM RAY PACE WASTE
EQUIPMENT COMPANY FOR DEPARTMENT OF CENTRAL SERVICES
AND SOLID WASTE -- ALLOCATE FUNDS ($7,860) FROM THE
RECYCLING AND EDUCATION GRANT FUND.
1
Mayor Clark: Item number 13.
Vice Mayor Plummer: What did we do on 12?
Mayor Clark: Item 11, rather.
Vice Mayor Plummer: Eleven.
Mr. Cesar Odio (City Manager): These are the... And I apologize, because a few of the next
items are sole source, but we had no choice in this matter. This is recycling equipment that is
only sold by these people.
Mayor Clark: Well, don't apologize. Motion on 11?
Commissioner Dawkins: Move it.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Second.
Mayor Clark: Is this an ordinance?
Mr. Odio: No, sir, a resolution.
Mayor Clark: All in favor, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
71 May 11, 1995
k �-
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-366
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 SATELLITE SCREEN FROM RAY PACE WASTE
EQUIPMENT COMPANY FOR THE DEPARTMENT OF CENTRAL SERVICES
AND SOLID WASTE DIVISION AT A PROPOSED COST OF $7,860.00;
ALLOCATING FUNDS THEREFOR FROM THE RECYCLING AND EDUCATION
GRANT FUND, ACCOUNT CODE NO. 421304-840, PROJECT NO. 197006;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICE TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
-----------------------------------------------------------------------------------------------------------------
13. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF DRAEGER BREATHING APPARATUS AND
ACCESSORIES FROM NATIONAL DRAEGER, INC. FOR FIRE -RESCUE
DEPARTMENT -- ALLOCATE FUNDS ($27,000) FROM CIP 313825.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 12.
Commissioner Dawkins: Move it.
Vice Mayor Plummer: Second.
Mayor Clark: Cast a unanimous ballot, if there's no objection, Madam Clerk.
72 May 11, 1995
�-
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-367
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 DRAEGER BREATHING APPARATUS AND
ACCESSORIES FROM NATIONAL DRAEGER, INC. AT A TOTAL PROPOSED
COST OF $27,000 FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING
FUNDS THEREFOR FROM THE CIP PROJECT NO. 313825, ACCOUNT CODE NO.
802801-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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.
-----------------------------------------------------------------------------------------------------------------
14. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF A LIFE DETECTION VICTIM LOCATOR SYSTEM FROM
DELSAR, INC. FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE FUNDS
($12,000) FROM CIP 313825.
Mayor Clark: Item number 13.
Mr. Cesar Odio (City Manager): It's a life detection victim... It's the only company that
provides this equipment.
Commissioner Dawkins: Is this the one that comes from Germany?
Mr. Odio: I would have to find out, Commissioner. I don't... I'm not sure.
Mayor Clark: You want to hold up on it?
73 May 11, 1995
Mr. Odio: It's a life detector victim...
Vice Mayor Plummer: Well, OK... All right...
Mr. Odio: It's to determine if somebody is...
Commissioner Dawkins: OK, no problem. Move it.
Vice Mayor Plummer: No, it was... OK, second, under discussion. This is not for them. This is
Fire. OK? On 13, I want it fully understood, Mr. Manager, that this Commission - and I want it
right down to the very thing - I am concerned about my firemen, that none of this equipment
which we are presently purchasing through State grants, most of, will ever be used outside of the
City limits of Miami, unless there is a provision by the agency calling that if any of my firemen
are injured, and are entitled to two-thirds disability, that, that agency who is requesting will pick
up the tab and any and all expenses related to such call.
Commissioner Dawkins: You know, J.L., I'm with you, but sometimes, we're throwing the baby
out with the bath water. OK? Now, we were here, and the firemen said that they wanted to
join... What was the Rescue squad, team you were going to join, Chief?
Chief Carlos Gimenez: This is part of the...
Mr. Odio: Urban Search.
Chief Gimenez: Urban Search and Rescue, the FEMA (Federal Emergency Management
Agency).
Vice Mayor Plummer: Yeah, that's the same thing.
Commissioner Dawkins: All right. Now, we argued, and didn't allow them to participate. You
had the big catastrophe in Oklahoma, and Dade County sent members of their Fire team to
Oklahoma. We did not have anyone to go out there, to show them what a good job we can do,
because we, this Commission did not allow our Chief to participate in that.
Vice Mayor Plummer: That's not the...
Commissioner Dawkins: Now, here we go again, with a recommendation from our Chief that
this is what he needs to function, and we're putting restrictions on him, J.L.
Vice Mayor Plummer: Mr. Dawkins, first and foremost, this is one and the same scenario. That
equipment was not in place at the time. It had to be purchased, and that's what we're doing here
today.
Chief Gimenez: That's correct.
Vice Mayor Plummer: Mr. Dawkins, this City is presently paying out over a million dollars
($1,000,000) a year in two-thirds disability. OK? That's every year. I am only saying, for the
protection of my employees, that, in fact, if they were to be injured and be entitled to the two-
thirds disability, that if it's FEMA who calls them, then FEMA will pick up that tab.
Commissioner Dawkins: OK.
Vice Mayor Plummer: Whoever is the requesting agency will make sure that my employees are
covered under health and life, life insurance, workmen's comp., and two-thirds disability, which
they are entitled to as a City employee. That's all I'm saying.
74 May 11, 1995
k __
Commissioner Dawkins: Can we amend your motion to say that with the FEMA money, we
purchase a liability insurance that will cover our police and our firemen, who participate in these
kinds of incidents, and are hurt, and the insurance company pays them, rather than our City
being liable? You can take the FEMA money and do that.
Vice Mayor Plummer: Mr. Dawkins, I don't care where the money comes from.
Commissioner Dawkins: OK. Well, let's... All right. If you'll accept that amendment, I amend
it.
Vice Mayor Plummer: ... whether it's from an insurance policy or from where.
Commissioner Dawkins: I amend it to say that we take the FEMA money, purchase an
insurance that will cover our policemen and our firemen in instances where they may be hurt in
these kinds of operations.
Vice Mayor Plummer: That's... Sir, I have no problem.
Mayor Clark: Is that all right?
Vice Mayor Plummer: That's fine with me.
Chief Gimenez: Well, if I may interject, I don't think...
Vice Mayor Plummer: I'm not sure you can do that, but...
Chief Gimenez: I don't think we can do that. This money comes from a State grant, and it's for
purchasing the equipment. We're going to use this equipment to become a USAR (Urban Search
and Rescue) team. And we're one of 26 teams. We are not at this point deployable, because we
don't have the equipment. Prior to us being deployable, we will... We are resolving these issues
with FEMA about reimbursing the City for any problems that we might have with any of our fire
fighters getting injured on a FEMA site. If we don't get this thing resolved, then we can always
say no to FEMA when they try to deploy us.
Commissioner Dawkins: And I want you to buy insurance. The Federal government is going to
tell you, "You can sue all you want, you can't get a penny." Get some insurance.
Mayor Clark: On the motion itself.
Mr. Manuel Gonzalez-Goenaga: May I speak, public hearing?
Mayor Clark: Go ahead and speak.
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga. I reside in the City of. Miami,
2469 Southwest 14th Street. It's a shame that you are questioning anything for the benefit of the
citizens. You have here the best, considered, not locally, a national, one of the best, or if not the
best Fire Department in the whole nation. And these people have the courage to enter places
when the police rats leave the place. Thank you very much.
Mayor Clark: Thank you. All right. Call the roll.
75 May 11, 1995
k--
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-368
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING
THE ACQUISITION OF A LIFE DETECTION VICTIM LOCATOR SYSTEM FROM
DELSAR, INC. AT A PROPOSED COST OF $12,000.00; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF FIRE -RESCUE CIP PROJECT 313825,
ACCOUNT CODE NO. 802801-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: Furthermore, I'd like to say that just three years ago, we needed a lot of
help, and we had a lot of people from the outside come over here and help us. I think it's our
right to go ahead and help other people, too. Yes.
----------------------------------------------------------------------------------------------------------------
15. APPOINT VICE MAYOR PLUMMER AS CHAIRPERSON OF THE
INTERNATIONAL TRADE BOARD (ITB) (JUNE 1- SEPTEMBER 30, 1995).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: I'm going to bring up Manny Gonzalez here now, about the ITB (International
Trade Board). We got a half hour before lunch. And I want you people to go back to work, and
not just have to wait down here all afternoon. Where is Plummer?
Commissioner Dawkins: Where is the Manager?
Mr. Manuel Gonzalez-Goenaga: Well, I'm Manny, also.
Commissioner Dawkins: Where is the Manager.
76 May 11, 1995
k.,
Mayor Clark: You are Manuel.
Unidentified Speaker: He went to the restroom.
Commissioner Dawkins: OK.
Mayor Clark: Get the Manager in here and get Plummer in here. Are you the new Manager?
Carlos Smith: I'm standing in for him while he's out.
Mayor Clark: Get him in here. Get him in here. Manny, get up and wind up. You got 30
minutes till twelve o'clock.
Mr. Manny Gonzalez: Honorable Mayor and Commissioners, on behalf of the International
Trade Board, we requested a personal appearance, and the board has selected Board Member
Bob Rodriguez to make such presentation. So, Mr. Mayor, I yield my time to Board Member
Bob Rodriguez.
Mayor Clark: All right,
Mr. Bob Rodriguez: Good morning, Mr. Mayor and members of the Commission. My name is
Bob Rodriguez. I live at 1770 North Bayshore Drive.
Mayor Clark: Excuse me. Where is Plummer?
Commissioner Dawkins: J.L. Plummer, front and center.
Vice Mayor Plummer: What do you want?
Mayor Clark: Get in liere.
Commissioner Dawkins: This is your item.
Mayor Clark: This is item number 20... number 30. All right. Go ahead, Bob.
Mr. Rodriguez: ITB. I've been a board member of the ITB now for three years.
Vice Mayor Plummer: Excuse me. Let me apologize for doing something no one else could do
for me.
Mayor Clark: Go right ahead.
Mr. Rodriguez: And during my time there, I've seen the growth of the ITB, and lately, under the
tutelage of Commissioner De Yurre, I am here to tell you that, as a board member of the ITB, I
believe it is one of the most significant boards this community has. Today, we are working on a
new era of the ITB, with 15 board members, and I believe, in my heart of hearts, as well as do
my fellow board members that this board is a pioneering board, with respect to the future. If you
travel internationally, and you pull out a Beacon Council card, it means nothing. But more
importantly, what...
Vice Mayor Plummer: What item is this?
Mr. Rodriguez: ... what does it mean to the City of Miami? Last month, we had Mohamed
Hashidi (phonetic), who is the Mission d'Affairs of the Moroccan Palace, who agreed, not only
77 May 11, 1995
to open a trade center here in Miami, but also, we are hoping, a forthcoming order of in excess of
a hundred million dollars ($100,000,000) in homes. And we are looking at that, as well as the
pre -Summit conference that we had of the Health Ministers, which Mr. Mayor was a keynote
speaker, whereby we are aware right now that over a million dollars ($1,000,000) in business
was transacted with these Health Ministers of Latin America. We are continuing to push the
envelope to promote international trade, with the recipients being the City of Miami, the tax
base, et cetera. And I really believe, as well as my fellow board members, that that, along with
all of the other factors that we are doing... We recently completed a study whereby 60 percent of
Allapattah and the Wynwood area said that international trade is very significant for them. What
we are asking in our plan is, we understand the City, the severity of the budgets of the City.
We're simply asking to take the nine hundred and some odd thousand dollars and reduce it to
three hundred and forty-seven thousand ($347,000) the first year, reduce it in half by the second
year, and allow us to be self-sufficient by the third year. We will produce the jobs. The chicken
processing plant today will produce 34 jobs in the Allapattah area. We are talking about jobs. If
this one hundred million dollar ($100,000,000) order from the Moroccan government comes
through, they project it will increase 400 new jobs in the City of Miami, in addition to a business
that is looking to build their center here, and, hopefully, in five years, build it to a nine hundred
and fifty million dollar ($950,000,000) operation. Mathematically, that says that we could create
20,000 new jobs in the City. So the Board is the most recognizable board, as it travels with the
flag internationally. We need to take this board to the next level. We are asking and we are
pleading that this Commission please understand the significance of what we are trying to
contribute to this community. And hence, that is why the contract with the City has been
identified, to help the disadvantaged businesses, to help the African -American community, the
female employees, help them, teach them what international trade means to them. Despite, after
all, when we had our Summit of the Americas, we talked about international trade, we have to
concentrate that on the City of Miami. And I am asking on behalf of the board members that you
please reconsider the memorandum that was sent by the Manager with respect to totally
eliminating the funding. It would be a travesty to our community to see that happen. Let's do it
in an orderly fashion. Within three years, we promise to be self-sufficient, and generate more
jobs, more impacts, and more opportunities for our community. Thank you.
Mr. Cesar Odio (City Manager): Mr. Mayor, since I wrote the memo, I feel that the City of
Miami has to concentrate in providing basic services to the citizens. We have limited resources.
Our resources have to be pulled so that we can provide better police service, better fire service,
better park systems, better garbage pickup. International Trade is important to all of Dade
County. That's why Dade County created the Beacon Council, that's why we have the Greater
Miami Chamber of Commerce, and that's why I feel... And I met with John Anderson, the
president of the Beacon Council, and he says he's willing to provide the same services that you
are providing, and, in fact, he's willing to meet with you and combine into one, so that we don't
have duplication of services around here, because, sir, we cannot afford it.
Mr. Rodriguez: Mr. Manager, had that happened, the chicken processing plant might have been
located in Hialeah, Florida.
Mr. Odio: The chicken factory came through my office, sir.
Mr. Rodriguez: Mohad Rashidi might...
Mr. Odio: I don't want to get into an argument here. That happens to be Alfredo... What's his
name? Alice's... One of our ladies upstairs, cousin.
Mr. Rodriguez: Correct.
Mr. Odio: So don't, please, come on.
78 May 11, 1995
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A
Mr. Rodriguez: The Moroccan delegate...
Mr. Gonzalez: Mr. Manager...
Mr. Odio: Let's get to the big issue here, "Should we be or not be in the international business?"
And I think we should, in the Beacon Council.
Mr. Rodriguez: With all due respect, Mr. Manager, Mohamed Rashidi, who is the Missioner of
Affairs of the Moroccan operation, who has agreed to open an International Trade Center in
Miami came through the ITB. We are talking about creating hundreds and thousands of jobs,
and every... With all due respect to our... the police officers and the Fire Department, we are
talking about educating our community, our citizens about international trade. We are members
of the Internet. We are promoting all aspects of international trade. And again, with all due
respect to the Beacon Council, the Beacon Council does not have the equity called the City of
Miami, and when we travel internationally, as we have, the City of Miami is the beacon that they
look to, and we need to locate these jobs here in our City.
Mr. Odio: Well, the difference of the Beacon Council is that when they travel, the members pay
their own way. And if you want to travel, you should pay your own way, too. I have no problem
with that.
Mr. Rodriguez: And the board members do pay their own way, Mr. Manager.
Mr. Gonzalez: Some of them.
Mr. Rodriguez: And furthermore, the Beacon Council has done a great service to our
community. I am talking about our City. I am talking about the northeast section, the Allapattah
area, the Overtown area. And if we can relocate international companies... One company, the
Rashidi Trustee Global Trading, is projecting nine hundred and fifty million dollars
($950,000,000) in revenue in five years...
Mr. Odio: I'm not taking away...
Mr. Rodriguez: ... all out of the City of Miami. That would create over 20,000 jobs for our
community.
Mr. Odio: Look, I'm not...
Mayor Clark: Please, please.
Mr. Odio: Let's not...
Mayor Clark: Just a moment, please.
Mr. Odio: OK.
Mayor Clark: They're down here expressing a position about changing the system of the ITB.
That's all we're considering here, now. Let's don't argue on what they've done, what they
cannot do. We know it's got to go private enterprise. The position now is when, "ayer or
manana"? Today or tomorrow.
Mr. Odio: I think it should be October 1st, when the City of Miami is laying off executives, is
laying... is reducing its work force by close to 400 people. I have to say it, that we cannot afford
to have this outside interest.
79 May 11, 1995
Mayor Clark: I don't think anyone is against the concept of the ITB, as long as it's run by
private enterprise. I think you...
Commissioner De Yurre: Mr. Mayor, if I may.
Mayor Clark: Yes, sir.
Commissioner De Yurre: You know, you read the Herald when the story came out about the
International Trade Board. It said that we had a budget of nine hundred thousand dollars
($900,000), OK? Which is an exorbitant amount of money. But in reality, and we all know, the
bulk of that money is not ITB money. There's a number of monies there that are allocated for
other purposes.
Mr. Odio: And I plan to eradicate them all.
Commissioner De Yurre: OK. Well, you know, are you telling me that CAMACOL is not going
to get their hundred and seventy-five thousand dollars ($175,000)?
Mr. Odio: Not from the general fund, they're not.
Commissioner De Yurre: Where are they going to get it?
Mr. Odio: They would have to come in and qualify under CDBG (Community Development
Block Grant), like everybody else.
Commissioner De Yurre: OK. La Brigada 2506, they're not going to get their twenty-five
thousand dollars ($25,000)?
Mr. Odio: Not from that fund, sir.
Commissioner De Yurre: But they're going to get it.
Mr. Odio: I don't know. It's up to... It's up to you.
Commissioner De Yurre: You know, the thing is, I don't want it to look like the ITB spends
nine hundred thousand dollars ($900,000) a year, and that by doing away with the ITB, the nine
hundred thousand ($900,000) are going to be be available.
Mr. Odio: Well, Commissioner, you know, I didn't mean to put them in the defensive or in... I
respect all of them. I think they have done a great job. But I have to reduce the budget by thirty
million ($30,000,000), and we talked that I had to do away with that nine hundred thousand
dollars ($900,000), all of it.
Vice Mayor Plummer: Can I ask a question?
Commissioner De Yurre: Yeah.
Vice Mayor Plummer: Mr. Manager, if you're going to get the monies for CAMACOL and the
2506 from the Community Block Grant, why couldn't International Trade Board apply and be
granted from that allocation, also?
Mr. Odio: They can apply, if they... for economic... the economic development categories. They
could apply.
80 May 11, 1995
Vice Mayor Plummer: All right. I talked, as I have told the Mayor, I've talked to a number of
people. Victor, I don't know whether you want to stay there or not. I would volunteer to go
back as the Chairman of that event, only with the purpose of it becoming self-sustaining. It's got
to be. Now, what we're talking about, or what I was talking about, just so everybody would
know where I'm coming from, staff would be cut to the minimum. They would come out of the
Dupont. We're talking about buying a building. You would have a small office staff in the new
building, wherever it may be. Allocation of dollars from the City, which you could possibly get
from grants, or none, but to carry you over for the one year. I think what you have to do is to go
back to basics, which was where I took it over before, built it up, and you got to do it again.
You're going to have to go back to basics.
Commissioner Dawkins: You did not take it over. You took what I left. OK?
Vice Mayor Plummer: Well, I took some...
Commissioner Dawkins: All right, well, you know, don't pat yourself on the back, you know. I
was there first, and left it to you.
Mr. Odio: I took over...
Commissioner Dawkins: J.L. Plummer didn't reinvent the wheel.
Mr. Odio: I took over whatever you left.
Commissioner Dawkins: OK. All right. Thank you.
Vice Mayor Plummer: All right.
Commissioner De Yurre: Then I've had to straighten it out over the last two years, what you
two guys left.
Vice Mayor Plummer: Well, that's fine, you know, that's an accumulation. But I think it can be
done, and the one point that I have to agree with that they have made over and over, nobody will
tell our story like us.
Mr. Rodriguez: Exactly.
Vice Mayor Plummer: OK? And I'll tell you something. If you had one staff person and a
board, that's a beginning. And if we have to go to that level, then I think we should do it. But
for the City of Miami not to have an International Trade Board in some way, shape or form, I
think is wrong.
Commissioner Dawkins: Mr. Mayor.
Commissioner De Yurre: Mr. Mayor, if I may make a motion. I would move that J.L. be
appointed Chairman of the ITB, starting June 1st, and for him to restructure it, and to bring it
back to this Commission for approval.
Commissioner Gort: Second.
Commissioner Dawkins: OK. Under discussion. I can only vote for that if he said, "Bare bones,
that's J.L. Plummer, and one technician."
81 May 11, 1995
Vice Mayor Plummer: That's it.
Commissioner Dawkins: OK? Now, you know, here before...
Vice Mayor Plummer: Now excuse me. That's from City funding, Mr.... From City funding. If
we get private funding...
Commissioner Dawkins: Well, we pay you, anyway. You're City funded.
Vice Mayor Plummer: No, no, no.
Commissioner Dawkins: We pay you. The City pays you. Give us a break, J.L.
Mayor Clark: Please, please, now, let's get back to basics here.
Commissioner Dawkins: OK?
Mayor Clark: J.L....
Commissioner Dawkins: Now, let me say that this is repetitious. OK? Now, this is not the first
time the Manager has suggested this. The last time the Manager suggested this, everybody at
ITB was brought in as a consultant, and not an employee. Now, if you think I'm wrong, go
check the records.
Vice Mayor Plummer: No, sir. I did it.
Commissioner Dawkins: See? So therefore...
Vice Mayor Plummer: There was a reason for it.
Commissioner Dawkins: ... the Manager said, "I don't have the money." They said, "Well, fine,
let's don't show it up as salaries. Let's bring them in as consultants." OK? Fort -five thousand
($45,000) a year consultant, thirty-six, ($36,000), thirty-two, ($32,000), thirty (130,000), thirty
($30,000), seventeen ($17,000). OK? You're looking at a hundred and ninety thousand dollars
($190,000) in salaries. The Manager is laying off garbage men, laying off everybody, and now,
you're not talking about laying off anybody over there? It just can't be done.
Vice Mayor Plummer: Sir, I'm saying if I'm sent there, it's going to be the board, and one staff
person, to begin with.
Commissioner Dawkins: All right. OK. Mr.... Then you are sent there as of yesterday, May 9,
1995, the International Trade Board has a balance of a hundred and ninety-five thousand, five
hundred and ninety-three dollars ($195,593), as of today.
Vice Mayor Plummer: All right, sir.
Commissioner Dawkins: Now, if you were to keep the senior marketing consultant, the trade
development consultant, the economic and statistics consultant, the executive secretary...
Commissioner Gort: They're all going out.
Commissioner Dawkins: ... the grant specialist consultant...
Vice Mayor Plummer: You're not listening.
82 May 11, 1995
Commissioner Dawkins: ... and a receptionist, that comes... To keep them from now to the end
of the fiscal year, that's fifty-eight thousand, two hundred and ten dollars ($.58,210). You take
fifty-eight thousand, two hundred and ten thousand dollars ($58,210) from a hundred and ninety-
five thousand, five hundred and ninety-three, ($195,593), you've got a hundred and thirty-seven
thousand, three hundred and fifty-three dollars ($137,353). What do you plan to do with that as
a Chairperson?
Vice Mayor Plummer: Mr....
Commissioner De Yurre: Well, remember, I still have three weeks there.
Commissioner Dawkins: No, no, no. You're not the chairperson.
Mayor Clark: Please, he's got a question.
Commissioner De Yurre: I still have three weeks yet.
Vice Mayor Plummer: Mr. Dawkins, sir...
Commissioner De Yurre: I can do a lot with that money.
Vice Mayor Plummer: ... i would come back to this Commission in June, as requested by
Commissioner De Yurre, with a reorganizational plan, and I can tell you that it's either going to
come back here under bare bones, or it's not coming back. I mean, I'm only going over there to
try to keep it together, and to try to rebuild.
Mayor Clark: All right. Right now, J.L., I'll appoint you for the day of the 1st of June until
budget time. OK?
Vice Mayor Plummer: That's fine, sir.
Mayor Clark: OK, fellows. He'll be down there.
Commissioner De Yurre: You know, Mr. Mayor, I think, you know, ITB is quite important, and
I think with J.L. and the way that J.L. works, it will be cut down to the minimum, and everybody
will be at peace, and...
Mayor Clark: Not only that, the ITB can't be the State Department, either.
Vice Mayor Plummer: All right. Well, I would also like, if you would, Manny, to call a meeting
next week with staff and the board, and let's get to business. And I don't mean to...
Commissioner Dawkins: No, you can't do that. You're not... Victor is the chairperson.
Commissioner De Yurre: He can go ahead. He can go ahead.
Vice Mayor Plummer: Excuse me. If I got to come back on June the 1st with a plan, I've got to
have some way to do it.
Mayor Clark: No, he... He gives up on that, right?
Commissioner De Yurre: That's all right. That's fine.
83 May 11, 1995
k.-
Commissioner Gort: You ever heard of the coup?
Mr. Gonzalez: Thank you, Mr. Mayor, and Commissioners.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-369
A RESOLUTION APPOINTING VICE -MAYOR J.L. PLUMMER, JR., TO SERVE AS
CHAIRPERSON ON THE INTERNATIONAL TRADE BOARD FOR A TERM OF
OFFICE AS SPECIFIED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
May 11, 1995
---------------------------------------------------------------------------------------------------------------
1G. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF AIR BAGS AND US & R RESCUE EQUIPMENT FROM
TEAM EQUIPMENT, INC. FOR FIRE -RESCUE DEPARTMENT --
ALLOCATE FUNDS ($34,500) FROM CIP 313825.
-------------------------------------------------------------- -------------------------------------------------
Mayor Clark: OK. All right. We've got a couple minutes here, now, folks. Go back to item
number 14.
Commissioner Dawkins: Move it.
Commissioner Gort: Second.
Vice Mayor Plummer: This is with the same provisos as the others.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-370
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 AIR BAGS AND US&R RESCUE EQUIPMENT, FROM
TEAM EQUIPMENT, INC. AT A PROPOSED COST OF $34,500.00; FOR THE
DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS THEREFOR FROM CIP
PROJECT 313825 ACCOUNT CODE NO. 802801-840; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
85 May 11, 1995
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------
17. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF A COMPUTER VOICE STRESS ANALYZER FROM
NATIONAL INSTITUTE FOR TRUTH VERIFICATION FOR POLICE
DEPARTMENT -- ALLOCATE FUNDS ($8,700) FROM LAW
ENFORCEMENT TRUST FUND (LETF).
Mayor Clark: Item number 15.
Mr. Manuel Gonzalez-Goenaga: Yes.
Commissioner Gort: A resolution authorizing the waiver of requirements...
Mayor Clark: Is there a motion?
Commissioner Dawkins: It's an emergency. We have to call it twice, call the roll twice, Mr.
Mayor.
Commissioner Gort: Voice analyzer.
Mr. Gonzalez-Goenaga: May I speak on this item?
Commissioner Gort: Move it.
Mayor Clark: Go ahead.
Mr. Gonzalez-Goenaga: Well, I am in full accord with the purchasing of voice stress analyzer,
provided it's first given to Mr. Odio and the police themselves.
Mayor Clark: OK. Thank you, thank you.
Mr. Gonzalez-Goenaga: OK.
Mayor Clark: Call the roll. Motion and a second.
Commissioner Gort: I made the motion.
86 May 11, 1995
k.--
Vice Mayor Plummer: Second.
Commissioner Gort: Second, Plummer.
Mayor Clark: Call the roll.
Vice Mayor Plummer: It's a resolution.
Ms. Matty Hirai (City Clerk): It's a resolution.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-371
A RESOLUTION, BY A 415THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING
THE ACQUISITION OF A COMPUTER VOICE STRESS ANALYZER FROM HE
NATIONAL INSTITUTE FOR TRUTH VERIFICATION, THE SOLE SOURCE
PROVIDER FOR THIS ACQUISITION; AT A PROPOSED COST OF $8,700.00 FOR
THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE
LAW ENFORCEMENT TRUST FUND ACCOUNT CODE NO. 290904-996,
PROJECT NO. 6.90001, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE
CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE 932.7055,
AS AMENDED, AND SUBJECT TO APPLICABLE CITY CODE PROCUREMENT
PROVISIONS.
(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
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
87 May 11, 1995
k--
----------------------------------------------------------------------------------------------------------------
18. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF ADDITIONAL MODULES, MAINTENANCE AND
SUPPORT TO EXPAND THE AUTOMATED PURCHASING SYSTEM FROM
ADVANCED PROCUREMENT SYSTEMS FOR FINANCE DEPARTMENT --
ALLOCATE FUNDS ($37,306).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Move 16.
Mayor Clark: We don't need two roll calls on that.
Vice Mayor Plummer: No. It's not an emergency. It's a resolution.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot.
Vice Mayor Plummer: OK.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-372
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 ADDITIONAL MODULES, MAINTENANCE AND
SUPPORT TO EXPAND THE AUTOMATED PURCHASING SYSTEM FROM
ADVANCED PROCUREMENT SYSTEMS, THE SOLE SOURCE PROVIDER FOR
THIS ACQUISITION, AT A PROPOSED TOTAL COST OF $37,306.00, FOR THE
FINANCE DEPARTMENT, ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 400301-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS ACQUISITION.
88 May 11, 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
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------•------------------------------------------------------------------------------------
19. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
PURCHASE OF AN EXPANDED COMMODITY CODE FROM THE
NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING, INC. FOR
FINANCE DEPARTMENT -- ALLOCATE FUNDS ($8,200).
--------------------------- I-------------------------------------------------------------------------------------
Vice Mayor Plummer: We're now up to 17, right?
Mayor Clark: Right.
Vice Mayor Plummer: I move 17.
Commissioner Gort: Second.
Commissioner Dawkins: Seventeen?
Mayor Clark: If there's no objection, cast a unanimous ballot.
89 May 11, 1995
k --
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-373
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 AN EXPANDED COMMODITY CODE FROM THE
NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING, INC. AT A
PROPOSED COST OF $8,200.00 FOR THE DEPARTMENT OF FINANCE;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 400301-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
-------------------------------------------------------- -------------------------------------------------------
20. WAIVE PROHIBITION CONTAINED IN CITY CODE SECTIONS 2-301 - 2-
304 AS IT APPLIES TO JUAN H. KOURI, WHO SERVES ON THE CITY OF
MIAMI HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
ADVISORY BOARD (EMPLOYER: THE HIV / AIDS PLANNING AND
MANAGEMENT ORGANIZATION), BEING THE SUCCESSFUL PROPOSER
FOR PROVISION OF SERVICES IN CONNECTION WITH THE CITY'S 1994
HOPWA PROGRAM ALLOCATION FROM U.S. HUD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Eighteen.
Commissioner Gort: Eighteen, conflict of interest.
Vice Mayor Plummer: Eighteen.
Commissioner Dawkins: Eighteen, I need to get to 18.
Vice Mayor Plummer: I have no conflict of interest, and neither does he. I move it.
90 May 11, 1995
k- -
Commissioner Dawkins: OK. Where is 18? Let me see your 18.
Commissioner Gort: I'm talking about waiving the...
Mayor Clark: With no exception, cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-374
A RESOLUTION, WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTIONS 2-301
THROUGH 2-304, AS SUCH PROHIBITION APPLIES TO JUAN H. KOURI, WHO
SERVES ON 'IHE CITY OF MIAMI HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) ADVISORY BOARD, IN RELATION TO HIS
EMPLOYMENT WITH THE HIV/AIDS PLANNING AND MANAGEMENT
ORGANIZATION, A SUCCESSFUL PROPOSER FOR THE PROVISION OF
SERVICES IN CONNECTION WITH THE CITY'S 1994 HOPWA PROGRAM
FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
(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.
91 May 11, 1995
'I.l
----------------------------------------------------------------------------------------------------------------
21. WAIVE PROHIBITION CONTAINED IN CITY CODE SECTIONS 2-301 - 2-
304 AS IT APPLIES TO THE FOLLOWING INDIVIDUALS WHO SERVE ON
THE CITY OF MIAMI HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) ADVISORY BOARD, AND BEING THE SUCCESSFUL
PROPOSERS FOR PROVISION OF SERVICES IN CONNECTION WITH THE
CITY'S 1994 HOPWA PROGRAM ALLOCATION FROM U.S. HUD: (1)
FRANKIE SWAIN (EMPLOYER: ECONOMIC OPPORTUNITY FAMILY
HEALTH CI?NTER); (2) LAVERNE TAYLOR (EMPLOYER:
METROPOLITAN DADE COUNTY'S DEPARTMENT OF HUMAN
RESOURCES / OFFICE OF COMMUNITY SERVICES); AND (3) MARY
FRANCES WELDON (EMPLOYER: CHRISTIAN COMMUNITY SERVICE
AGENCY).
----------------------•----- I-------------------------------------------------------------------------------------
Mayor Clark: Item 19.
Commissioner Gort: Move it.
Vice Mayor Plummer: Well, 18, 19, 20 and 21 are all the same resolutions. I move all four at
one time.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot on all four of them, up through... 19 up to 21, right?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 95-375
A RESOLUTION, WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTIONS 2-301
THROUGH 2 04, AS SUCH PROHIBITION APPLIES TO FRANKIE SWAIN, WHO
SERVES ON i HE CITY OF MIAMI HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) ADVISORY BOARD, IN RELATION TO HER
EMPLOYMENT WITH THE ECONOMIC OPPORTUNITY FAMILY HEALTH
CENTER, A SUCCESSFUL PROPOSER FOR THE PROVISION OF SERVICES IN
CONNECTION WITH THE CITY'S 1994 HOPWA PROGRAM FUNDED BY THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
92 May 11, 1995
t„�
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.
The following resolution. was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-376
A RESOLUTION, WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTIONS 2-301
THROUGH 2-304, AS SUCH PROHIBITION APPLIES TO LAVERNE TAYLOR,
WHO SERVES ON THE CITY OF MIAMI HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDES (HOPWA) ADVISORY BOARD, IN RELATION TO HER
EMPLOYMENT WITH THE METROPOLITAN DADE COUNTY DEPARTMENT OF
HUMAN RESOURCES (OFFICE OF COMMUNITY SERVICES), A SUCCESSFUL
PROPOSER FOR THE PROVISION OF SERVICES IN CONNECTION WITH THE
CITY'S 1994 HOPWA PROGRAM FUNDED BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
(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.
93 May 11, 1995
V--
I
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-377
A RESOLUTION, WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, THE PROHIBITION CONTAINED IN CITY CODE SECTIONS 2-301
THROUGH 2-304, AS SUCH PROHIBITION APPLIES TO MARY FRANCES
WELDON, WHO SERVES ON THE CITY OF MIAMI HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA) ADVISORY BOARD, IN RELATION TO
HER EMPLOYMENT WITH THE CHRISTIAN COMMUNITY SERVICE AGENCY,
A SUCCESSFUL PROPOSER FOR THE PROVISION OF SERVICES IN
CONNECTION WITH THE CITY'S 1994 HOPWA PROGRAM FUNDED BY THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(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.
------------------------.----------------------------------------------------------------------------------------
22. BRIEFLY DISCUSS AND WITHDRAW PROPOSED RESOLUTION TO
AUTHORIZE ISSUANCE OF RFP ON MAY 30, 1995, FOR UDP
CONSISTING OF DEVELOPMENT OF A BOATYARD FACILITY, AND
OPTIONAL ANCILLARY MARINE -RELATED RETAIL / RECREATIONAL
USES ON CITY -OWNED WATERFRONT PROPERTY AT 3501
RICKENBACKER CAUSEWAY, VIRGINIA KEY.
-------------------------------------------- --------------------------------------------------------------------
Vice Mayor Plummer: We're on 22 now, which has been with... 22-A has been withdrawn.
Mr. Cesar Odio (City Manager): It's to postpone the public hearing, and then pass 22-13, setting
a public hearing.
Vice Mayor Plummer- Well, can I ask why it was pulled, Mr. Manager?
Mr. Odio: I'm sorry, I'm sorry. They are both...
Vice Mayor Plummer: Why was 22-A pulled off of the agenda?
94 May 11, 1995
Ms. Diane Johnson: It was because the appraisals had not come in prior to publication.
Vice Mayor Plummer: OK. I once again briefly want to say, and I want to make very clear...
Mayor Clark: He thinks he's the chief judge.
Vice Mayor Plummer: ... the RFP (Request for Proposal), that is for the marina only?
Ms. Johnson: It's for the boatyard.
Vice Mayor Plummer: I have nothing more to say. It's the other area that I am in question.
Mayor Clark: Is there a motion?
Vice Mayor Plummer: No. It's withdrawn, Mr. Mayor.
Commissioner Gort: It's withdrawn.
Ms. Johnson: We need a vote to reschedule.
A. Quinn Jones, III, Esq. (City Attorney): There's a vote on the reso to postpone it.
Ms. Johnson: Twenty-two-B.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot. Item 22-13.
Ms. Johnson: Thank you.
Vice Mayor Plummer: Well, excuse me. May I inquire as to when you think it's going to come?
I mean, we're losing dollars.
Ms. Johnson: Shall I?
Mr. Jack Luft: Next week.
i
Vice Mayor Plummer: OK. In other words, the appraisals will come back.
95 May 11, 1995
THEREUPON, ON MOTION DULY MADE BY VICE MAYOR
PLUMMER AND SECONDED BY COMMISSIONER
DAWKINS, ITEM 22-A WAS WITHDRAWN BY THE
FOLLOWING VOTE:
AYES: Commissioner Witredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------- --------------------- ------- -------------------------------------------------------
23. POSTPONE PUBLIC HEARING (SCHEDULED FOR MAY 11, 1995) TO
DATE DETERMINED BY CITY MANAGER -- SAID PUBLIC HEARING TO
TAKE TESTIMt7tiiY REGARDING DRAFT RFP FOR UDP CONSISTING OF
DEVELOPMENT OF A BOATYARD FACILITY, AND OPTIONAL
ANCILLARY MARINE -RELATED RETAIL / RECREATIONAL USES ON
CITY -OWNED WATERFRONT PROPERTY AT 3501 RICKENBACKER
' CAUSEWAY, VIRGINIA KEY.
Mayor Clark: Twenty-two-B, please.
Vice Mayor Plummer: No, that's... That's also withdrawn.
Commissioner Dawkins: Move it.
Mayor Clark: Is there a second?
Mayor Clark: Cast a unanimous ballot. Twenty-three.
Vice Mayor Plummer: Wait, wait, wait a minute. Mr. Mayor, what are you voting on in 22-B?
There's nothing to vote on.
A. Quinn Jones, II!, Esc. (City Attorney): No.
Ms. Diane Johnson: Twc;nty-two-B is to reschedule the hearing.
Mr. Jones: No, 22••B was a resolution postponing the public hearing. That's what you voted on.
Vice Mayor Plummer: Oh, OK. I don't understand that.
96 May 11, 1995
A1'.:: :4
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-378
A RESOLUTION POSTPONING A PUBLIC HEARING, ORIGINALLY
SCHEDULED FOR MAY 11, 1995, PURSUANT TO RESOLUTION NO. 95-290, TO
A DATE TO BE DETERMINED BY THE CITY MANAGER; SAID PUBLIC
HEARING TO TAKE TESTIMONY REGARDING A DRAFT REQUEST FOR
PROPOSALS ("RFP") FOR A UNIFIED DEVELOPMENT PROJECT ("UDP")
CONSISTING OF THE DEVELOPMENT OF A BOATYARD FACILITY, AND
OPTIONAL ANCILLARY MARINE RELATED RETAIL AND RECREATIONAL
USES ON APPROXIMATELY 6.632 ACRES OF CITY -OWNED WATERFRONT
PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY,
MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
--------------------- ------------------------------------------------------------------------------------------
24. GRANT REQUEST BY REPRESENTATIVES OF MORNINGSIDE CIVIC
ASSOCIATION TO ADOPT CITY COMMISSION POLICY THAT CERTAIN
BARRICADES IN MORNINGSIDE NEIGHBORHOOD BE DESIGNATED
NON -EMERGENCY TYPE ACCESS BARRICADES.
Mayor Clark: Item 23, Patrick McCoy.
Mr. Patrick McCoy: Yes. Good morning. My name is Patrick McCoy. I'm president of the...
Commissioner Dawkins: Pull the mike up, please.
Mr. McCoy: President of the...
Mayor Clark: We got ten minutes. We hope you can do it in ten minutes.
Vice Mayor Plummer: What item is this?
97 May 11, 1995
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Mr. McCoy: Absolutely. Patrick McCoy. I'm president of the Morningside Civic Association.
I live at 679 Northeast 58th Street, in Miami, and I'd like to yield my time to Mr. Jesse Diner,
who is the chairperson for the street closure committee for the association.
Mayor Clark: All right. Move it.
Mr. Jesse Diner: Good morning, Mr. Mayor and members of the Commission. My name is
Jesse Diner. I reside at 644 Northeast 57th Street in the Morningside area of Miami, and I'm
here as a result of a vote by the Morningside Civic Association, overwhelmingly requesting a
change in designation of the street closures from emergency access street closures to non -
vehicular access. This arose as a letter from Mr. Lee of the Public Works Department advising
us to get on the City agenda within 45 days or they would be basically coming out to our
neighborhood and cutting the foliage down in those areas of the street closures, or substantially
taking them out.
Vice Mayor Plummer: Sir, can I stop you for a minute?
Mr. Diner: Sure, Mr. Plummer.
Vice Mayor Plummer: Because I think you're not quite correct. This came about because of an
individual who came here, as I recall, and said that his father-in-law passed away because of a
problem with the access and non -access. Now, then I asked why, when the barricades were
initially put in, they were demanded to have access. Now, if the City Attorney will tell me that
we can make these barricades non -accessible, and that the City has no liability, 1 have no
problem. My problem stems from two things. Number one was the safety and accessibility for
the emergency vehicles to get in, and number two, the City's liability. Now, if the City
Attorney, or the Manager, or whoever is responsible can give this Commission assurance that
those two factors are resolved, sir, I'll make the motion to make your barricades not accessible.
Mr. Diner: Well, I can also tell you why it's not a problem, Mr. Plummer. The reason we're
here is because the letter came from Public Works. I am aware of the situation you're talking
about, but that particular situation did not arise from the fact that there was an improper response
time into our neighborhood. They made a mistake, and they went to the wrong side of the
boulevard. They never got into Morningside, and the person expired by that time. It had nothing
to do with response time and the barricades. So that particular incident you're talking about...
Vice Mayor Plummer: Well, that, we don't know.
Mr. Diner: Yes, we do. Yes, we do.
Mayor Clark: He doesn't know, is what he's saying.
Mr. Diner: I know. I'm just saying... I'm just telling you what the situation is. It's important to
understand historically what happened here. This Commission approved the street closures
temporarily in 1990, after a traffic study was done. It showed that undesirable vehicular traffic
had been reduced substantially, both on the closed and the unclosed streets. And in the fall of
1991, the closure took place. But what we're talking about is closure of eight east/west streets
out of 14. So roughly, about six out of 14 remain open. Now, there's a perception in the
neighborhood that the neighborhood is considerably safer, as a result of this closure. And quite
frankly, the police statistics bear this out. The statistics from 1989 through 1994 show that an
average of about two-thirds reduction in crime in the Morningside area.
Commissioner Gort: That's not speaking to the issue.
98 May 11, 1995
Mr. Diner: That's pretty good. And it shows you what's come about as a result of this. The
other thing to know, from a fire standpoint, is that Morningside is a low fire load area. And by
that, I mean that there are about 417 homes in Morningside, single-family residences. There are
no wood frame dwellings in Morningside, and not one single home...
Vice Mayor Plummer: Sir, let me stop you one more time. I'm being told by the Administration
that they have no problem with them becoming non -accessible.
Mr. Diner: Wonderful.
Vice Mayor Plummer: And that the Fire Department has no problem with them being non -
accessible, and as such, I would move at this time...
Mayor Clark: Let Willy move it.
Vice Mayor Plummer: ... that this Commission adopt a policy that those barricades in question
be non -accessible types of barricades. I so move.
Mr. Diner: Thank you very much.
Mayor Clark: If there's no exception, cast a unanimous ballot. Thank you all for coming down.
(APPLAUSE)
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-379
A MOTION GRANTING REQUEST MADE BY REPRESENTATIVES OF THE
MORNINGSIDE CIVIC ASSOCIATION TO ADOPT THE POLICY OF THE CITY
COMMISSION THAT CERTAIN BARRICADES IN THE MORNINGSIDE
NEIGHBORHOOD BE DESIGNATED AS NON -EMERGENCY VEHICULAR TYPE
ACCESS BARRICADES.
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.
Mr. Cesar Odio (City Manager): Mr. Mayor, 24 has been withdrawn.
Mayor Clark: You took Willy Gort's position. Willy brings them down here and you become
the hero.
Mr. Odio: Twenty-four has been withdrawn, Mr. Mayor.
99 May 11, 1995
Commissioner Gort: It's all right. He's the one who brought it.
Vice Mayor Plummer: Huh?
Mayor Clark: Emilio Lopez... What?
Mr.Odio: Withdrawn.
Mayor Clark: Twenty-five, that's been acted upon.
Vice Mayor Plummer: We took care of.
Mr. Odio: Twenty-seven is next.
Vice Mayor Plummer: Twenty-six has been withdrawn.
Mr.Odio: Yes.
Mayor Clark: Twenty-seven?
Mr.Odio: Yes.
----------------------------------------------------------------------------------------------------------------
25. APPROVE FUNDING OF EIGHT ORGANIZATIONS TO PROVIDE
ASSISTANCE TO PERSONS WITH HIV / AIDS OR RELATED DISEASES --
ALLOCATE FUNDS FROM 1994 HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM GRANT -- EXECUTE
INDIVIDUAL AGREEMENTS WITH: (1) ECONOMIC OPPORTUNITY
FAMILY HEALTH CENTER; (2) DADE COUNTY DEPARTMENT OF
SPECIAL HOUSING PROGRAMS; (3) CHRISTIAN COMMUNITY SERVICE
AGENCY; (4) CENTER FOR HAITIAN STUDIES; (5) DADE COUNTY
DEPARTMENT OF HUMAN RESOURCES (OFFICE OF COMMUNITY
SERVICES); (6) HIV / AIDS PLANNING & MANAGEMENT
ORGANIZATION; (7) LOCK TOWNS COMMUNITY MENTAL HEALTH
CENTER, AND (8) SMALL BUSINESS OPPORTUNITY CENTER.
Mayor Clark: What is this? Forty-nine must be taken up.
Mr. Percy Brown: Good morning.
Mayor Clark: Wait a minute.
Mr. Brown: Good morning, Commissioners.
Mayor Clark: Item 49.
Vice Mayor Plummer: Is that a bid?
Mayor Clark: I don't know what the hell it is.
A. Quinn Jones, III, Esq. (City Attorney): Forty-nine is a companion item to the HOPWA
(Housing Opportunities for Persons with AIDS) waivers that you granted in 18, 19, and 20.
100 May 11, 1995
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Commissioner Dawkins: Forty-nine?
Vice Mayor Plummer: Why has that got to be taken up now?
Mr. Cesar Odio (City Manager): You have to take it first, and then discussion. That's what I
understand.
Mayor Clark: The City Commission to adopt the attached resolution directing the City Manager
to disburse funding in the amount stated in Section 2 of the resolution. Hey, folks, please leave
quietly. Please leave quietly. Do you recommend this, Mr. Manager? Item... Jack, you
recommend this?
Mr. Odio: Yes, sir.
Mayor Clark: Item 49, is there a motion?
Commissioner Dawkins: A motion, I move it.
Vice Mayor Plummer: Wait, wait, wait, hold on. Wait a minute. I think I had a comment here
on this.
Vice Mayor Plummer: Yeah, but I think... Hold on.
Commissioner Gort: Second.
Mayor Clark: Motion and a second.
Commissioner Dawkins: OK. Under discussion.
i
Vice Mayor Plummer: This is 49?
Commissioner Dawkins: Yeah, uh-huh.
Commissioner Gort: Forty-nine, the allocation of funding for HOPWA.
Vice Mayor Plummer: Forty-nine.
Mayor Clark: You in favor of this?
i
Commissioner Dawkins: Yes.
Mr. Brown: I'm number 27.
Commissioner Dawkins: No, he's on another one. Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Dawkins: On 49...
Vice Mayor Plummer: Yeah, that's... OK.
Commissioner Dawkins: ... on page two of the backup, you have some long-term providers.
OK?
101 May 11, 1995
Mr. Odio: Yes, sir.
Commissioner Dawkins: But if you go over to page 7, there's another list of providers. Which
list are we going by?
Mr. Odio: I see what you mean.
Vice Mayor Plummer: You have any problem with that?
Commissioner Dawkins: Because Economic Opportunity Family Health Center is not on the
first, in the first group.
Mr. Odio: We were...
Commissioner Dawkins: So I move that the list that we are... being considered is the one on
Section 2, page 7. OK?
Mr. Odio: Yeah, OK.
Mayor Clark: That's seconded by Willy.
Vice Mayor Plummer: All right. I would also like to ask that forty thousand dollars ($40,000)
of the funding for the Fair Housing Council be made to the Small Business Opportunity Center
of CAMACOL.
Commissioner Dawkins: Second.
Ms. Linda Kearson (Assistant City Attorney): It's in there.
Vice Mayor Plummer: That's in there now?
Mr. Jeff Hepburn: It's there, yeah, it's there.
Mr. Odio: It's here.
Vice Mayor Plummer: All right.
Ms. Kearson: But, Commissioner, that's subject to the Federal Government approving that as
being an eligible expenditure.
Vice Mayor Plummer: Of course.
Mayor Clark: Cast a unanimous ballot, Madam Clerk. Thank you.
102 May 11, 1995
v,
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-380
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE FUNDING OF
EIGHT (8) ORGANIZATIONS ("SERVICE PROVIDERS"), AS HEREIN SPECIFIED
FOR THE PURPOSE OF PROVIDING ASSISTANCE TO PERSONS WITH
HIV/AIDS OR RELATED DISEASES; ALLOCATING FUNDS THEREFOR FROM
THE 1994 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA")
PROGRAM GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH SAID SERVICE PROVIDERS TO IMPLEMENT THE PROGRAM.
(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.
----------------------------------------------------------------------------------------------------------------
26. PERSONAL APPEARANCE: MR. PERCY A. BROWN, PRESIDENT, BONDS
ALLIANCE ENTERPRISES, INC. CONCERNING DENIAL OF LOAN
APPLICATION BY MIAMI CAPITAL DEVELOPMENT, INC. --
DISCUSSION DEFERRED FOR WRITTEN REQUEST.
Vice Mayor Plummer: Now we're on what? Back to 27?
Mr. Cesar Odio (City Manager): Back to 27.
Commissioner Dawkins: He's going to be there longer than three minutes.
Mayor Clark: Who's that?
Commissioner Dawkins: Him.
Mayor Clark: What's this on?
Mayor Clark: What item are you here on?
Commissioner Dawkins: He's a public hearing item. This is Mr. Brown, item 27.
103
May 11, 1995
k-�
Mr. Percy Brown: Good morning again, Commissioners, fellow citizens.
Commissioner Dawkins: Pull the mike up, Mr. Brown.
Mayor Clark: We're on item 27.
Mr. Brown: My name is Percy Brown. I'm president of the Bonds Alliance which is located at
5505 Northwest 7th Avenue, which is a for -profit business in the City of Miami.
Mayor Clark: OK.
Mr. Brown: Back in early April of last year, I applied for a loan with Miami Capital
Development. I was denied it based on two major... well, two major factors. One was
demonstrating repayment ability. The other one was adverse personal credit record. Well, we
went back, and we did everything we possibly could to clear up our credit record. I don't want
to mention the two items... well, one item, in particular, because one is a personal item. The
other is a business item, which, had anyone bothered to take time out to look up our business
plan, they saw that we did try to rectify that particular item. The other thing was the... We
needed as many binding contracts as we possibly could get. I went out and I solicited many
organizations which I worked with, including the Miami Heat, Chief of the Stars, you name it,
different ones. We got several contracts. However, due to the nature of where my business is
located at, which it's located directly in Liberty City, we find out that we... many people do not
want to actually sign contracts with us, because they're scared that we will lose, based on the
history of our area. And they have good reason to believe that, based on the fact that I've had 18
burglaries in the first five years of business. Now, you ask me how could I possibly pay off
some of my credit histories. Well, there's your answer there. However, what we did do, I
sacrificed everything I had to pay off as much of my outstanding debts as possible. My debt
now, once where it was, say twenty-five thousand dollars ($25,000), is now down to twelve
thousand dollars ($12,000). That's in less than one year, despite the fact that I lost my
stepdaughter in November to cancer, my business has been burglarized again, and again since
then. I went back to the Commission - excuse me - I went back...
Mayor Clark: Listen, Mr. Brown, Mr. Brown...
Mr. Brown: ... to Miami Capital Development...
Mayor Clark: A lot of this is not reaching the right spot. Frank, did you handle this loan?
Mr. Frank Castaneda: Miami Capital did handle this loan. It has gone to the loan committee
twice, and it has been rejected.
Mayor Clark: What I want to do is defer this item. Can I get, in written form, not just words.
Mr. Castaneda: Right.
Mayor Clark: Because he's speaking so fast over here now, I can't keep up with it.
Mr. Brown: Excuse me.
Mayor Clark: Let him give his request to us in writing. Let him respond in writing to this
Commission, and then we'll decide something at that time.
Mr. Brown: Mr. Mayor, we've been back and forth with this already.
104 May 11, 1995
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Mayor Clark: I know that. You may have been back and forth a thousand times, but we haven't
been. We've got to make a decision here.
Mr. Brown: I appreciate that, Mr. Mayor. However, the reason why I'm here is not so much the
fact that I want to keep running back and forth...
Mayor Clark: Sir, you're biding your time.
Mr. Brown: Mr. Commissioner...
Mayor Clark: You talk all you want to, but you're not helping your case.
Mr. Brown: Mr. Mayor, please, again, I'm a sole... Excuse me. I run the business by myself,
sir.
Mayor Clark: Go ahead and talk all you want to.
Mr. Brown: I cannot be there and here, too. I've wasted almost a whole day today being here,
sir.
Mayor Clark: Go ahead.
Commissioner De Yurre: What is it you're seeking, how much?
Mr. Brown: Beg your pardon?
Commissioner De Yurre: How much are you seeking?
Mr. Brown: Two hundred and three thousand five hundred dollars ($203,500), sir.
Commissioner De Yurre: And is there any collateral here, Frank?
Mr. Castaneda: The collateral is very weak, and I have Raul Martinez here.
Mr. Raul Martinez: He's rather... As per the findings, he's rather inadequate for the amount.
The loan was presented, originally, like he said, you know, in mid -year last year. It went to the
committee for the first time on July, on the July executive committee meeting for discussion.
We asked for additional information, which he provided. Then it came in August. It was
declined. Then it was resubmitted, and redeclined in the September meeting for the same
reasons. As a matter of fact, I do have to concur with him, with respect that at the very
beginning of 1994, his sales were improving, and possibly, if he was able to keep that trend, he
could come back with additional figures for '94, if he has them, and we would be very happy to
take another look at it. But as of the time that it was presented and the date it was presented, the
committee felt that it could not be appoved.
Commissioner De Yurre: Now, is the two hundred thousand ($200,000) a fixed amount? Could
you borrow less, or you need to have that two hundred ($200,000)?
Mr. Brown: We could actually borrow less, sir. We could actually borrow a hundred and
twenty-five thousand ($125,000), if possible. I went back and redid some numbers again, and I
don't have everything put back together just yet.
Commissioner De Yurre: Well, why don't you put it together. Maybe the one -twenty-five is
something that can be dealt with, as opposed to the two-o-three.
105 May 11., 1995
Mr. Martinez: We would be happy to review it again, the minute that we get updated numbers.
Commissioner De Yurre: OK?
Mr. Brown: OK. Thank you very much.
Commissioner De Yurre: Why don't you do that, and keep us posted here.
Mr. Brown: I certainly will.
Vice Mayor Plummer: Mr. Mayor, I would also like to see a history of the past three years of the
business.
Mr. Brown: Beg your pardon? It is included in the business plans, sir.
Mr. Martinez: He provided that, but it's not satisfactory for the amount requested.
Vice Mayor Plummer: OK. Two -thirty?
Mayor Clark: Yes, sir.
Commissioner De Yurre: OK. Thank you.
NOTE FOR THE RECORD; At this point, agenda item 27 was
e erre .
Mayor Clark: We'll at recess until 2:30.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:03 P.M. AND RECONVENED AT 2:38 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER DE YURRE, FOUND TO BE
PRESENT.
----------------------------------------------------------------------------------------------------------------
27. PERSONAL APPEARANCE: MR. MANNY GONZALEZ CONCERNING
COMPREHENSIVE CAMPAIGN FINANCE REFORM FOR CITY
ELECTIONS.
Mayor Clark: All right. Mr. Manuel...
Vice Mayor Plummer: Mr. Mayor, if you want to start... If he wants a full Commission, I
thought we could come back to those.
Mayor Clark: Manny Gonzalez.
Mr. Manuel Gonzalez-Goenaga: Yes, present.
106 May 11, 1995
k_-
Mayor Clark: All right. Give an address to the Commission.
Mr. Gonzalez-Goenaga: Good morning. I mean - I'm sorry. I was supposed to speak in the
morning. It's in the afternoon. I hope you had a nice lunch, Mr. Mayor, and the absentee
Commissioners, I hope that they are not taking a nap, because this is the most important issue in
America now. Either... This is nationally, state and local. I am sure... And this is a big problem
for you, so I hope... I am a little uncomfortable addressing the Commission. But let's face it. I
don't know if you have read votes scam, The Stealing of America. The biggest problem in this
democracy - and we are supposed to be the pillars of democracy - is the power of money in the
election. Let's have a kind of a little dialogue. And my suggestions are very simple, and I want
i to• make a full disclosure that I am a candidate for office. In the City of Miami, I came before
this Commission February the 23rd - no - January the 23rd, 1992, when the previous Mayor
Suarez was here. Nothing happened, because they are not interested in equity and fairness.
When we talk about fairness and equity, we must provide a simple...
Mr. Ruben Avia: Mr. Mayor, that's a political speech that he's making?
Mr. Gonzalez-Goenaga: Not yet.
Mayor Clark: Sit down.
Mr. Gonzalez-Goenaga: We must provide equity and fairness in the election process, and that
starts from the power of money. Let's say that a good ordinance would be for the City of Miami,
with a hundred - let's say a hundred and fifty thousand electors. A cap of a hundred and fifty
thousand dollars ($150,000), more than enough to be elected to a beautiful seat of just paying
five thousand dollars ($5,000). The perception of the public, Commissioners - and you are not
away from them, because you are in constant touch with the people - is that when a
Commissioner needs - and I am not talking specifically on anyone - a half a million, one million,
and there have been campaigns in the City of Miami of two million dollars ($2,000,000) to be
elected for a five thousand dollar ($5,000) job is nonsense. It's obscene. And another thing that
should be done is that not only a cap based on the amount of registered voters, but also control of
the special interests through the political action committees. This is something that I am very
well versed, because Mr. Perot has gone to that before Congress, but they don't want to approve
that. Why? Because they are hurting their own interests. But that's beside the point. The issue
is that something must be done to teach, to teach the future Cuban patriots in Miami that what
they should establish in Cuba is a true and fair democracy. And if we don't teach them, then
they will not practice. Sometimes, the Americans, we Americans take democracy for granted.
Well, I... In this un-American City, today, I want to bring out the American flag.
Vice Mayor Plummer: It's upside down.
Mr. Avia: It's upside, Mr. Mayor. He's being disrespectful to the Latin/Cuban community, and
if he's going to show the American flag, he...
Mayor Clark: Sir, sir, please sit down, will you?
Mr. Gonzalez-Goenaga: We are in the United States of America, and I form part, I was born an
American citizen.
Mayor Clark: If you've got a difference with this man, you meet him outside, not in here.
Mr. Gonzalez-Goenaga: And I think it's about time all the Americans, let's start carrying the
American flag, because when some people make an oath for the American citizenship, it's to
protect and defend this nation, not to learn and to get a check.
107 May 11, 1995
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: So let's start, my dear friends, do something about it. Now, to finish,
will you have the kindness enough to answer if you are going to do anything at all, or you are
just going to forget what I said three years ago?
Mayor Clark: Let me say this. I don't know what you said three years ago, but if you have the
request, it comes in writing, not up here talking.
Mr. Gonzalez-Goenaga: I will bring it in writing, and I will propose an ordinance that came
from the United We Stand America, the Perot organization that, of course...
Mayor Clark: All right, OK.
Mr. Gonzalez-Goenaga: ... applies to the little City of Miami.
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: Hopefully, that we not terminate. It's the way we are going... we are
going.
Mayor Clark: All right. Thank you very much, sir.
Vice Mayor Plummer: Mr. Mayor, just for the record, I don't want it to go unsaid, especially in
a political year, I have always, and will continue to file my 1040 income tax as full disclosure on
the Clerk prior to April the 15th of every year.
Mr. Gonzalez-Goenaga: I am aware of that, Mr. Plummer, but it's to avoid the perception of
corruption.
Mayor Clark: Very good. Thank you, sir.
Mayor Clark: Item number 29, from the One Arm Bandits, Incorporated, to address the
Commission.
Commissioner Gort: What...
Vice Mayor Plummer: How much are they asking for?
Mr. Cesar Odio (City Manager): That was withdrawn, Mr. Mayor. I took care of that problem.
Vice Mayor Plummer: That's... already?
Mr. Odio: It's been hand... It's been taken care of.
Vice Mayor Plummer: OK.
Mayor Clark: All right. Manny Gonzalez.
108 May 11, 1995
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NOTE FOR THE RECORD: At this point, it was noted that
agenda item 29, concerning request for fee waiver by One Arm
Bandits, Inc. for their event at Shenandoah Park, had already
been handled by Administration.
----------------------------------------------------------------------------------------------------------------
28. GRANT REQUEST BY FLORIDA FEDERATION OF GARDEN CLUBS, INC.
FOR USER FEE WAIVER IN CONNECTION WITH FLOREXPO '96 TO BE
HELD IN COCONUT GROVE CONVENTION CENTER (NOVEMBER 1-5,
1996).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: I have one pocket before we get to the rest of it.
Vice Mayor Plummer: Oh, no.
Mayor Clark: I never have pockets, so at least I got something today.
Commissioner Dawkins: Let's say you're entitled to your two, and anything that J.L. Plummer
reads over two, I'm calling the rule on.
Mayor Clark: A resolution waiving all waivable user fees for the permitted Code of the City of
Miami amending the amount of twenty-nine hundred and fifty-four dollars ($2,954) for the
Florida Federation of Garden Clubs, Incorporated, presentation of Floral Expo '96.
Vice Mayor Plummer: Second the motion.
Mayor Clark: And the... With all the waivers and everything else. Is there a second?
Vice Mayor Plummer: I second it.
Mayor Clark: You don't have to speak. Madam Clerk, call the roll.
109 May 11, 1995
k,
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 95-381
A RESOLUTION WAIVING ALL WAIVABLE USER FEES AS PERMITTED BY
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN THE
AMOUNT OF $2,954, FOR THE FLORIDA FEDERATION OF GARDEN CLUBS,
INC. PRESENTATION OF FLOREXPO '96 TO BE HELD NOVEMBER 1-5, 1996 IN
THE COCONUT GROVE CONVENTION CENTER; SAID WAIVER CONDITIONED
UPON THE ORGANIZERS OBTAINING 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 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
Mayor Clark: It's been approved.
Vice Mayor Plummer: You did an excellent job, ma'am.
Mayor Clark: It's been approved. Thank you, ladies.
Commissioner Dawkins: I thought you had two.
Vice Mayor Plummer: We'll see you next year.
Mayor Clark: That's the only one.
Commissioner Dawkins: OK.
Mayor Clark: Always keep it up. It's a great organization.
110 May 11, 1995
----------------------------------------------------------------------------------------------------------------
29. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1995 --
APPROPRIATE FUNDS ($337,413), CONSISTING OF GRANT FROM U.S.
DEPARTMENT OF AGRICULTURE (USDA) THROUGH FLORIDA
DEPARTMENT OF EDUCATION -- AUTHORIZE MANAGER TO ACCEPT
GRANT -- EXECUTE NECESSARY DOCUMENT(S).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I move item 32.
Commissioner Gort: Second.
Mayor Clark: Call the roll, Madam Clerk.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN
1995" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN
THE AMOUNT OF $337,413 CONSISTING OF A GRANT FROM THE UNITED
STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA
DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT AWARD FROM THE UNITED STATES DEPARTMENT
OF AGRICULTURE AND TO EXECUTE THE NECESSARY DOCUMENT(S),
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
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
111 May 11, 1995
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. 11259.
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.
----------------------------------------------------------------------------------------------------------
30. AUTHORIZE METROPOLITAN DADE COUNTY (ON BEHALF OF CITY OF
MIAMI) TO ACCEPT BIDS) OF VENDOR(S) TO PROVIDE U.S.
DEPARTMENT OF AGRICULTURE (USDA) APPROVED MEALS TO
ELIGIBLE CHILDREN FOR THE CITY'S SUMMER FOOD SERVICE
PROGRAM - 1995 -- AUTHORIZE: (1) METROPOLITAN DADE COUNTY
TO ENTER INTO NECESSARY CONTRACT(S), AND (2) CITY MANAGER
TO DIRECT CHIEF PROCUREMENT OFFICER TO ISSUE NECESSARY
PURCHASE ORDER(S), CONDITIONED UPON CITY'S ACCEPTANCE OF
GRANT ($337,413) FROM USDA THROUGH FLORIDA DEPARTMENT OF
EDUCATION.
Mayor Clark: Item 33.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Thirty-four... Thirty-three?
Commissioner Gort: Same thing.
Commissioner Dawkins: Move it.
Vice Mayor Plummer: Second.
Commissioner Dawkins: It's a resolution, sir?
Mayor Clark: All in favor...
Vice Mayor Plummer: That's all you need.
A. Quinn Jones, III, Esq. (City Attorney): A resolution.
Vice Mayor Plummer: Yes. Aye.
112 May 11, 1995
4,.-
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-382
A RESOLUTION AUTHORIZING METROPOLITAN DADE COUNTY ON BEHALF
OF THE CITY OF MIAMI TO ADVERTISE FOR, EVALUATE, AND ACCEPT THE
BID(S) OF A VENDOR OR VENDORS TO PROVIDE UNITED STATES
DEPARTMENT OF AGRICULTURE (USDA) APPROVED MEALS TO ELIGIBLE
CHILDREN FOR THE CITY'S SUMMER FOOD SERVICE PROGRAM - 1995;
FURTHER AUTHORIZING METROPOLITAN DADE COUNTY TO ENTER INTO
THE NECESSARY CONTRACT(S) WITH THE SUCCESSFUL BIDDERS) FOR
THIS PURPOSE AND AUTHORIZING THE CITY MANAGER TO DIRECT THE
CHIEF PROCUREMENT OFFICER TO ISSUE THE NECESSARY PURCHASE
ORDER(S), SAID AUTHORIZATIONS BEING SUBJECT TO AND CONDITIONED
UPON THE CITY OF MIAMI'S ACCEPTANCE OF A GRANT IN THE ESTIMATED
AMOUNT OF $337,413 FROM USDA THROUGH THE FLORIDA DEPARTMENT
OF EDUCATION AND UPON APPROPRIATION OF SAID FUNDS FOR THE 1995
CITY'S SUMMER FOOD SERVICE PROGRAM.
(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
----------------------------------------------------------------------------------------------------------------
31. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: STREET TREE INVENTORY -- APPROPRIATE FUNDS ($25,000),
CONSISTING OF GRANT FROM FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, FORESTRY DIVISION.
Vice Mayor Plummer: Move 34.
Commissioner Gort: Second.
Commissioner Dawkins: Under discussion.
Mayor Clark: Thirty-four.
Commissioner Dawkins: What would somebody do, Mr. Manager, going around doing a survey
of trees, what would they do?
113 May 11, 1995
Mr. Cesar Odio (City Manager): Excuse me. I...
Commissioner Dawkins: OK, no problem.
Mr. Odio: No, I missed the question, Commissioner.
Commissioner Dawkins: All right. You know, this says establish a fund for street tree inventory.
What does... What qualifications does somebody need to go around and count trees that we have
or do not have?
Ms. Sarah Eaton: The qualifications are established by the Division of Forestry, which is giving
the City the grant. And basically, the qualifications are a degree in urban forestry.
Commissioner Dawkins: OK. Where are they in here?
Mayor Clark: All right.
Commissioner Dawkins: Where are they in here?
Mayor Clark: Right here, in here.
Commissioner Dawkins: The qualifications?
Mayor Clark: No, for the twenty-five thousand dollars ($25,000) a year.
Commissioner Dawkins: Yeah, but you have... Let me see. Wait a minute, now.
Ms. Eaton: The division gave a list of qualified vendors, and we mailed the Request for
Proposals to all of those vendors.
Vice Mayor Plummer: Can I ask a question?
Commissioner Dawkins: Yeah, go right ahead, J.L.
Vice Mayor Plummer: Who goes and follows up on these tree plantings, that they are still alive?
Ms. Eaton: That's a different program than we're proposing.
Mr. Cesar Odio (City Manager): Yeah. Public Works. Public Works.
Vice Mayor Plummer: Well, would you get somebody to go down to Lumus Park, OK?
Mr. Odio: Wally, wake up.
Vice Mayor Plummer: Go to Lumus Park and find out the trees that they put in there that are
laying on the ground, why the vendor - I assume it's his obligation - the vendor hasn't been
down there, and straightened out the trees.
Mr. Odio: Yeah, they are supposed to.
Commissioner Dawkins: And also, Mr. Manager, in Hadley Park, they got trees that are laying
down and were replanted. The money was provided from FEMA (Federal Emergency
Management Agency). And also, the guy is not watering them, and the palms are falling to the
114 May 11, 1995
ground, see? And the part that I don't understand, J.L., is in the City of Miami, there is not
anyone with the qualifications to go around and count trees, we got to go out and hire
somebody?
Ms. Eaton: It's more than counting trees, Commissioner.
Commissioner Dawkins: What is it?
Ms. Eaton: It's identifying the species, identifying the condition of the trees, what needs to be
done to the trees.
Mr. Odio: We have someone like that.
Commissioner Dawkins: OK. Hold it, Mr. Manager. What else does it do?
Ms. Eaton: The State will not be paying the City to conduct an inventory.
Mr. Odio: We have somebody like that, the guy that runs Simpson Park.
Ms. Eaton: But... Yes, Ralph would probably be...
Mr. Odio: We can just send him out to do the inventory, and we save the...
Ms. Eaton: That's not allowable under the grant.
Commissioner Dawkins: No. Mr. Manager - I mean Mr. Mayor, I'm not going to fight this
because it's a grant and they've got to get it through. But somewhere in the City of Miami, if it's
not our work force, it's somebody unemployed in the City of Miami with these qualifications
that we need to be trying to put to work.
Ms. Eaton: We really tried to find someone within the City.
Commissioner Dawkins: OK, well, see, I'll tell you what. I'll defer this until they find
somebody. See, she tells me she tried, so I was going to let it go through.
Vice Mayor Plummer: Can I... Can I...
Commissioner Dawkins: I'll defer this, and they have to go find somebody and come back and
i tell me who they are.
i
Vice Mayor Plummer: Can we do it a different way?
Commissioner Dawkins: Yes. Go ahead, J.L.
Vice Mayor Plummer: Can we pass it subject to them finding someone, subject to your
approval?
Commissioner Dawkins: No, no, I'll pass it... No. I'll pass it this way.
Vice Mayor Plummer: I don't want to lose the grant.
Commissioner Dawkins: Let me pass it this way. We're going to pass it, but next time, they
come with somebody local that can do the job.
115 May 11, 1995
Vice Mayor Plummer: That's fine.
Commissioner Dawkins: OK.
Vice Mayor Plummer: Also, you might check... Commissioner Dawkins and I were quite
embarrassed the other day when we attended the Black Archives - not festivities. What's the
word? - observance in City Cemetery. And I want to tell you something. Aside from being
embarrassed at the actual state of condition of where all of our pioneers and starters of this
community, there were about ten trees right where we were trying to find some shade that were
just recently planted, and all ten were in an appropriate place, the graveyard. I mean, they were
all dead, and they'd just been put in. I mean, somebody needs to go back and check, and back up
on these things that... These vendors are making a lot of money, but they're taking our money,
and they're running to Venezuela.
Commissioner Dawkins: Just don't take the money because it's a gift, and tell them, here it is,
and they don't follow through. OK. Call the roll, Mr. Mayor.
Vice Mayor Plummer: Well, I think we need to follow up.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "STREET TREE INVENTORY," AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $25,000,
CONSISTING OF A $25,000 GRANT FROM THE FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, FORESTRY DIVISION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
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 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 Commissioner Dawkins and seconded by Vice
Mayor Plummer, 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
116 May 11, 1995
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 11260.
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.
-----------------------------------------------------------------------------------------------------------
32. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
FOREST RESOURCES MANAGEMENT, INC. -- FOR PROFESSIONAL
SERVICES CONCERNING PREPARATION OF A STREET TREE
INVENTORY PROGRAM (MAY 11 - SEPTEMBER 30, 1995) -- ALLOCATE
FUNDS ($21,500) FROM SPECIAL REVENUE FUND: STREET TREE
INVENTORY.
Vice Mayor Plummer: Who is Forest Resource Management, Inc.?
Ms. Sarah Eaton: I beg your pardon?
Mayor Clark: Let's have a little... Listen, I'm trying to move this agenda on, now. Item number
35.
Vice Mayor Plummer: That's exactly what I was asking, item 35, Mr. Mayor, who...
Mayor Clark: OK. I realize that, but let's...
Vice Mayor Plummer: Who are they? Are they local?
Ms. Sarah Eaton: This is an urban forestry consultant based in Fort Myers. They were the most
responsive bidder who responded to the Request for Proposals.
Vice Mayor Plummer: We had nobody locally that could comply.
Ms. Eaton: No.
Vice Mayor Plummer: We got two of the largest nurseries...
Ms. Eaton: Nurseries aren't qualified. It's a different type of qualification for this type of
project.
Vice Mayor Plummer: OK. I'm sorry for trying to defend local people.
Mayor Clark: Motion and a second. Call the roll.
Commissioner Gort: The qualifications are set by the State, the Federal government.
Ms. Eaton: Yes.
117 May 11, 1995
d.f
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-383
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH FOREST RESOURCES MANAGEMENT, INC., A FLORIDA CORPORATION,
IN THE AMOUNT OF $21,500, FOR PROFESSIONAL SERVICES IN CONNECTION
WITH THE PREPARATION OF A STREET TREE INVENTORY PROGRAM, FOR
THE PERIOD OF MAY 11, 1995 TO SEPTEMBER 30, 1995; ALLOCATING FUNDS
THEREFOR FROM THE SPECIAL REVENUE FUND ENTITLED "STREET TREE
INVENTORY."
(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
Commissioner Gort: He voted for it.
------ ---------------------------------------------------------------------------------------------------------
33. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND:
GEOGRAPHIC TARGETING PROGRAM -- APPROPRIATE FUNDS
($40,000) -- ACCEPT GRANT ($40,000) FROM MONROE COUNTY
SHERIFF'S DEPARTMENT -- EXECUTE NECESSARY DOCUMENTS.
Mayor Clark: Item 36.
Vice Mayor Plummer: Move it.
Commissioner Gort: Yes, second.
Mayor Clark: Call the roll.
118 May 11, 1995
r
An Ordinance entitled -
AN EMERGENCY ORDINANCE, WITH ATTACHMENT, ESTABLISHING A
SPECIAL REVENUE FUND ENTITLED: "GEOGRAPHIC TARGETING
PROGRAM"; APPROPRIATING FUNDS FOR ITS OPERATION IN AN
AMOUNT NOT TO EXCEED $40,000; AUTHORIZING THE CITY MANAGER
TO ACCEPT THE GRANT OF $40,000 FROM THE MONROE COUNTY
SHERIFF'S DEPARTMENT AND TO EXECUTE ANY NECESSARY
DOCUMENTS FOR SAID GRANT; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
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. 11261.
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.
119 May 11, 1995
----------------------------------------------------------------------------------------------------------------
34. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES /
APPROPRIATIONS FOR SPECIAL REVENUE FUND: HIDTA ASSET
FORFEITURE RESEARCH -- ACCEPT GRANT ($25,000) FROM MONROE
COUNTY SHERIFF'S DEPARTMENT -- EXECUTE NECESSARY
DOCUMENTS.
Mayor Clark: Item 37.
Vice Mayor Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: Read the ordinance. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE, WITH ATTACHMENT, ESTABLISHING
INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL
REVENUE FUND ENTITLED HIDTA ASSET FORFEITURE RESEARCH";
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT OF $25,000
FROM THE MONROE COUNTY SHERIFF'S DEPARTMENT AND TO
EXECUTE ANY NECESSARY DOCUMENTS TO ACCEPT SAID GRANT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
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
120 May 11, 1995
k.--
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11262.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
------------------------------------------------------------------------------------------------I---------------
35. EMERGENCY ORDINANCE: AMEND ORDINANCE 11127, WHICH
ESTABLISHED INITIAL RESOURCES J APPROPRIATIONS FOR SPECIAL
REVENUE FUND: HAITIAN NARCOTICS ENFORCEMENT -- ACCEPT
GRANT ($75,000) FROM U.S. DEPARTMENT OF JUSTICE, OFFICE OF
JUSTICE PROGRAMS -- EXECUTE NECESSARY DOCUMENTS -- DIRECT
ADMINISTRATION TO PROVIDE MONTHLY EXPENDITURE REPORTS
ON THE HAITIAN NARCOTICS ENFORCEMENT FUND.
Mayor Clark: Thirty-eight.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: Thirty-eight?
Commissioner Gort: We moved 38.
Commissioner Dawkins: What is 38? No, it's on 39 now, I think, Mr. Mayor.
A. Quinn Jones, III, Esq. (City Attorney): Thirty-eight.
Mayor Clark: Thirty-eight, we're on 38.
Vice Mayor Plummer: We're on 38.
Commissioner Dawkins: What is 38?
Mr. Cesar Odio (City Manager): It's the Haitian Narcotics Revenue Fund... whatever you call it.
Haitian Narcotics Enforcement. It's a grant from the U.S....
Mayor Clark: Read the ordinance.
Mayor Clark: Call the roll.
Vice Mayor Plummer: A quick question.
Lt. Joseph Longueira: Yes, sir.
Vice Mayor Plummer: Is there any specific program this money is going to be used for?
Lt. Longueira: Specifically, it has to target narcotics organizations in the Haitian community.
Major...
Vice Mayor Plummer: That's a waste of time and effort at this particular time. You know,
we've seen Operation Neon, we've seen Operation Neon Out. I would feel more comfortable
with you coming back, giving this Commission a specific program where we can measure an
121 May 11, 1995
accomplishment. To just throw it in there, to say it's for narcotics in the Haitian area, I don't
think, really, is going to accomplish...
Lt. Longueira: It's not street level. It's distribution networks at that level in the Haitian
community.
Vice Mayor Plummer: Well, you know, call it what you may.
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Bring back monthly how this money was spent. And in each one of
these... and of each of these, the last three... the last three items, it says, and I will read for you.
"The money will be spent to pay overtime for the conduction of these services." OK? Now,
that's a hundred and seventy-eight thousand dollars ($178,000) between the money from Monroe
County, the money from sexual battery, and this seventy-five thousand ($75,000). Now, show
me where that is not going into the general fund, and this is money that you're paying overtime
with. I need to know each month. I want you to bring a report to each Commissioner, show us
that from... in the Haitian community, "X" number of dollars were spent in overtime, in tracking
narcotics. I want you to show me that of the twenty-five thousand ($25,000) for sexual and
battery abuse, "X" number of dollars were spent for overtime in this area, and "X" number of
dollars were spent in the other area for overtime, separate and apart from the general fund
overtime.
Vice Mayor Plummer: Mr. Longueira, I also asked for on the so-called special, four hundred
thousand dollars ($400,000) for investigative, that at the conclusion, that we would be given a
detailed breakdown of where that money was spent. I am yet to see it, and it's over six months.
Lt. Longueira: You're talking about the protracted investigation funds.
Vice Mayor Plummer: Exactly. OK? Thank you.
Mayor Clark: Did you read the ordinance on 38, Mr. Attorney?
Mr. Jones: It was already read, Commissioner.
Mayor Clark: Call the roll.
122 May 11, 1995
k.-
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11127,
ADOPTED MARCH 24, 1994, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED "HAITIAN NARCOTICS ENFORCEMENT"; AUTHORIZING THE
CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $75,000 FROM
THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
AND TO EXECUTE ANY NECESSARY DOCUMENTS TO ACCEPT SAID
GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
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. 11263.
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.
123 May 11, 1995
36. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES
APPROPRIATIONS FOR SPECIAL REVENUE FUND: VIOLENT CRIME /
SEXUAL BATTERY -- ACCEPT GRANT ($20,268) FROM FLORIDA
DEPARTMENT OF LAW ENFORCEMENT -- EXECUTE NECESSARY
DOCUMENTS -- DIRECT ADMINISTRATION TO PROVIDE MONTHLY
EXPENDITURE REPORTS ON THE VIOLENT CRIME / SEXUAL BATTERY
FUND.
Vice Mayor Plummer: Move 39.
Commissioner Gort: Second 39.
Vice Mayor Plummer: Also, this is with the same provisions that Commissioner Dawkins
applied to the others.
Mayor Clark: Read the ordinance. All right, call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE, WITH ATTACHMENTS, ESTABLISHING
INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL
REVENUE FUND ENTITLED "VIOLENT CRIME/SEXUAL. BATTERY'; AND
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT OF $20,268
FROM THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND TO
EXECUTE ANY NECESSARY DOCUMENTS TO ACCEPT SAID GRANT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
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
124
May 11, 1995
\
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. 11264.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
37. FIRST READING ORDINANCE: AMEND CODE CHAPTER 30, ARTICLE II
(CITY DAY CARE PROGRAM), SECTION 30-26 (FEE SCHEDULE) --
INCREASE FEES CHARGED FOR USE OF CITY DAY CARE FACILITIES --
ADD NEW SECTION 30-27 (PRE-SCHOOL FEE SCHEDULE) -- ESTABLISH
FEES FOR USE OF CITY PRE-SCHOOL FACILITIES -- PROVIDE FOR
ANNUAL REVIEW / ADJUSTMENT OF SAID FEES BY CITY MANAGER --
DIRECT ADMINISTRATION TO PROVIDE LIST OF HOME ADDRESSES
FOR EACH PARTICIPANT IN THE DAY CARE PROGRAM.
Mayor Clark: Item 40.
Vice Mayor Plummer: I'll move it, with discussion.
Mayor Clark: All right.
Commissioner Dawkins: Second.
Mayor Clark: Call the roll... discussion.
Vice Mayor Plummer: Discussion. Mr. Manager, I want to make sure of a couple of things.
Number one... Item 40, daycare. Number one, that the increase in the fees as proposed will
make this a break-even, no cost to the City taxpayers.
Mr. Alberto Ruder: Yes. According to the projections, that should happen.
Commissioner Dawkins: No, no, no.
Vice Mayor Plummer: No, that's not what I asked. Now, what does that, "projections," mean?
Mr. Ruder: Well, we charge by income category. We know the clients that we have today, but
once the new school year comes, you know, they all fall into different income categories.
125 May 11, 1995
ia-
Vice Mayor Plummer: Then the fees would have to be adjusted accordingly...
Mr. Ruder: Right, right.
Vice Mayor Plummer: ... to make and break even.
Mr. Ruder: Right. But the way it is now, it should break even.
Vice Mayor Plummer: Second of all, I want to make certain that all of the children... and there's
how many in number in the total daycare?
Mr. Ruder: One eighty (180).
Vice Mayor Plummer: One eighty. ... that every one of those children, if they're not City of
Miami residences... I want a complete list of every child in the daycare with his home address.
And I'm saying to you, as I have said before, that if there are children in there that are not
residents of the City of Miami, and there are children waiting to get in there from the City of
Miami, that they take priority. OK? So that's all I have.
Commissioner Dawkins: Mr. Manager, are we saying that this facility must support itself and
break even? Is this what we're saying?
Mr. Cesar Odio (City Manager): Yes.
Vice Mayor Plummer; Yes.
Commissioner Dawkins: All right. Then, why don't you close it?
Mr. Odio: Well...
Commissioner Dawkins: Because if the people... I mean, let's don't go through an exercise up
here in futility. OK? The parents whom you're trying to help - OK? - they cannot pay top dollar
daycare service. If they could, that's where they would be. And for us to sit here and tell these
parents that, "We're going to help you, and we're going to help you provide for your kid, but you
got to pay top dollar and break even," it's just not going to work.
Vice Mayor Plummer: Commissioner Dawkins, there's two...
Mr. Odio: Commissioner, you're right, if we were going to charge what the private sector
charges. What we did...
Commissioner Dawkins: No, no, wait a minute. No, I don't care what they charge. You said it
was going to break even.
Mr. Odio: No, what we did is... What we did is this, Commissioner. We... I asked Mr. Ruder
to meet with all the parents, and they have agreed to these fees, and they have signed off saying,
"We agree to the new fees, they're reasonable." And these fees, these new fees will make
daycare break even. And what we can do is, I think that we owe them, since - I would have
closed them down - that if they're willing to pay some more, and can, that we keep them open.
Commissioner Dawkins: OK. OK.
Vice Mayor Plummer: Well, there's two things. Mr. Dawkins...
126 May 11, 1995
Commissioner Dawkins: Go right ahead, Mr. Plummer.
Vice Mayor Plummer: There's two items that have to be understood. Number one, this is not
for low income. It was never designed that way. It is for moderate income. That's always the
way it has been. OK? And as far as I'm concerned, that's the way that it should be. Now, why
should we retain this, instead of going to the private sector? There are gifts, as I understand,
grants, given to the City, of food and stuff that makes it noncompetitive with the private sector.
And that's why that you can get this cheaper than you can from the private sector. That's my
understanding.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Most of the calls that I received, the people were not talking so much as the
payments, but - -which is very important - but also, they were talking about the services and the
education that the teachers were giving to these kids, and that's what they felt was very
important. And my understanding today is that they were receiving the right education and the
right service at a lower cost than they would do in a regular nursery.
Vice Mayor Plummer: That's right. And they, from what I'm told, have no objection to being in
a break-even scenario. I move it. I moved it.
Commissioner Dawkins: I'll second it. I don't have any problem with the parents saying that it
will pay more, but I have a problem knowing the economy, that the light bill may go up, the
telephone bill may go up, the food cost may go up. There are so many variables that will cause
this to go up, and that means you've got to go back to the parent, and the parent says, "I could
pay, but I didn't know that it was going to continue to escalate."
Mayor Clark: Tell them that beforehand.
Commissioner Dawkins: That's right. That's all.
Vice Mayor Plummer: Put your buffer in there.
Mayor Clark: All right. On the item... Did you read the ordinance? Call the roll.
127 May 11, 1995
I t-
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 30, ARTICLE II, ENTITLED "CITY
DAY CARE PROGRAM", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; THEREBY AMENDING SECTION 30-26, ENTITLED "FEE
SCHEDULE", FOR THE PURPOSE OF GENERALLY INCREASING THE FEES
CHARGED FOR USE OF CITY DAY CARE FACILITIES; AND BY ADDING NEW
SECTION 30-27 TO THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PRE-SCHOOL FEE SCHEDULE" FOR THE PURPOSE OF
ESTABLISHING THE FEES TO BE CHARGED FOR USE OF CITY PRE-SCHOOL
FACILITIES; FURTHER PROVIDING FOR ANNUAL REVIEW AND
ADJUSTMENT OF SAID FEES BY THE CITY MANAGER, IF NECESSARY;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Vice Mayor Plummer, seconded by Commissioner Dawkins, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner 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.
Commissioner Dawkins: And I must say, Mr. Manager, that you and the staff have done
yeoman's job, because the County is doing the same thing with CAA. They're cutting out
daycare as much as they can, too, so we're just trying to fill in the gaps, that's all.
128 May 11, 1995
k,
r-r---------------------r------------------------------r---n------------------------------------r---------n----
38. (A) FIRST READING ORDINANCE: AMEND CODE SECTION 38-9
(PARK FEES FOR USE OF VIRGINIA KEY PARK) -- REVISE FEE
SCHEDULES FOR VIRGINIA KEY PARK -- ADD SECTION 38-10
(FUTURE PARK FEES FOR USE OF VIRGINIA KEY PARK) --
AUTHORIZE CITY MANAGER TO ESTABLISH FEE SCHEDULES
ANNUALLY (BEGINNING APRIL 1, 1996).
(B) INSTRUCT CITY MANAGER TO ADJUST VIRGINIA PARK FEES
IN ORDER TO BREAK EVEN ON COST OF RUNNING SAID
PARK, FAILING WHICH, TO CLOSE PARK.
Mayor Clark: All right. Let's go to item 41.
Vice Mayor Plummer: On item 41, Mr. Mayor, I move it with the same proviso.
Mr. Cesar Odio (City Manager): I need to put this on the record, Commissioner. I know
where... There is no way that we can charge enough at the gate, and I cannot mislead you, to
break even at this beach.
Vice Mayor Plummer: Then close it. Mr. Mayor, my problem...
Mr. Odio: Wait. I was go... Please, Commissioner. We have one summer left, I think, before
we award the RFP (Request for Proposals) that is out there. Once the RFP is issued, we no
longer have responsibility for the beach, and I would suggest we are liable. I'd rather close it, to
tell you the truth.
Vice Mayor Plummer: I agree with that, also.
Mr. Odio: We lose two hundred and fifty-nine thousand dollars ($259,000), but we have one
summer left. We should absorb this loss, and that's it.
Vice Mayor Plummer: You know, if those were City residents, I would have no problem. But I
can tell you from a known fact that most of the people out there, the wind surfers, are not City
residents. They even come down from Broward County. Now, you know, there are days out
there, Mr. Manager, whether you're aware of it or not, that the guy in the toll booth who collects
the two dollars ($2) does not collect enough in the run of a day to pay his salary.
Mr. Odio: Yeah. We would have to charge about six dollars ($6) a vehicle, and...
Vice Mayor Plummer: If that's what it takes...
Mr. Odio: ... or seven ($7), and now, with the proposed... the Crandon Park is charging three
($3), and Cape Florida is three twenty-five ($3.25).
Vice Mayor Plummer: Yeah, but they got bigger volume and we don't have. You know, Mr.
Mayor, I'm just expressing my opinion, as one. I think the matter should be either a break even,
and not cost the taxpayers any money, or close it, one of the two, or just open it on weekends,
and close it up...
Mayor Clark: J.L, I think what we ought to do is follow his advice, and go this year, and forget
about it. They're going to get rid of it anyway.
129 May 11, 1995
h_1
i
Vice Mayor Plummer: Steve... You know, let me tell you, Mr. Mayor, my big problem there.
You have a tremendous liability.
j Mayor Clark: All right. Do what you like.
i
Vice Mayor Plummer: I would say that the Manager be given the choice of making the matter
break even...
Commissioner Gort: Or close it.
Vice Mayor Plummer: ... or close it.
Commissioner Gort: Second.
Mayor Clark: Call the roll. No, read it.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-383.1
A MOTION INSTRUCTING THE CITY MANAGER TO ADJUST THE PARK FEES
FOR USE OF VIRGINIA KEY PARK IN ORDER TO BREAK EVEN ON THE COST
OF RUNNING SAID PARK, OR CLOSE SAID PARK.
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.
i
ABSENT: Commissioner Victor De Yurre
130 May 11, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, RELATED TO PARK FEES FOR USE OF
VIRGINIA KEY PARK ("PARK"); PROVIDING FOR ADJUSTMENTS TO SAID
PARK'S ESTABLISHED FEE SCHEDULE AND SUBSEQUENT ANNUAL
ADJUSTMENTS, IF NECESSARY, BY THE CITY MANAGER TO SAID FEE
SCHEDULE; MORE PARTICULARLY BY AMENDING SECTION 38-9 AND
ADDING NEW SECTION 38-10 TO SAID CODE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner 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.
----------------------------------------------------------------------------------------------------------------
39. FIRST READING ORDINANCE: AMEND CODE, ARTICLE VI, CHAPTER
54 (SIDEWALK CAFES), SECTIONS 54-111 & 54-117 -- PROVIDE FOR
QUARTERLY PAYMENT OF PERMIT FEES, WITH PROVISOS.
Mayor Clark: Item 42.
Vice Mayor Plummer: I'll move it.
Mayor Clark: Is there a second? Anyone here to speak to this item?
Vice Mayor Plummer: Mr. Mayor, there is a provision that I would like to amend.
Commissioner Gort: Second.
Vice Mayor Plummer: And I would love to amend this, Mr. Mayor, in every contract that the
City has in the future. That every contract that we have, that at least a quarter to a half a year of
financial obligation be paid in advance. We are absolutely the world's worst bill collectors. We
have to spend money to go out and to trace people down and chase them down to get our money
that they owe us. I would like to get our money from these people, since it's going to be paid
quarterly, to get at least a quarter deposit in advance. If they don't pay the rent, then they forfeit
and it gives us three months to get them out. But this idea of people owing us money for this
amount of years - years! - OK? And I would just like to establish a policy that... You know, Mr.
Manager, I'd ask you to come back. I would go along with people having to establish a ten
131 May 11, 1995
k.>-
1
percent deposit on any financial obligation contract to the City. And in this particular case, I will
make it at least a quarterly payment in advance, and then go to the quarterly payments. I have no
problem.
Mayor Clark: Read the ordinance.
Vice Mayor Plummer: As amended.
Mr. Jones: As amended.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE RELATING TO SIDEWALK CAFES, AMENDING ARTICLE
VI OF CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO
PROVIDE, ALTERNATIVELY, FOR THE QUARTERLY PAYMENT OF PERMIT
FEES FOR SIDEWALK CAFES; MORE PARTICULARLY BY AMENDING
SECTIONS 54-111 AND 54-117; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AN PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner 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.
132 May 11, 1995
------------------------------------- ---------------------------------------------- -----------------------------
40. FIRST READING ORDINANCE: AMEND CODE, SECTION 18-80
(AUTHORITY TO SELL), CHAPTER 18 (ARTICLE V. SALE OF REALTY) --
EXTEND TO GOVERNMENTAL ENTITIES IN GENERAL PREFERRED
PURCHASE OPPORTUNITIES TO ACQUIRE SURPLUS REALTY,
SUBJECT TO SUCH PURCHASING ENTITY AGREEING TO MAKE
CONTRIBUTIONS TO THE CITY'S PAYMENT -IN -LIEU OF TAXES
(P.I.L.O.T.) PROGRAM AS A PROPERTY SPECIFIC CONDITION
PRECEDENT TO ACQUIRING A REALTY PARCEL ON A PREFERENTIAL
BASIS.
Mayor Clark: Item 43.
Commissioner Dawkins: Forty-three. What is 43?
Mr. Cesar Odio (City Manager): Mr. Mayor, let me explain it. If we have surplus property...
Commissioner Dawkins: What?
Vice Mayor Plummer: Surplus property.
Mr. Odio: When we have surplus property, the City Code requires that we offer it first to Metro -
Dade and/or the School Board. What we're saying is, if they want to buy it, they would have to
agree up front that they would have to pay us impact fees in lieu of taxes. In other words, we
expect to get paid... Just as anybody else would pay taxes, they would have to pay us what is
called the impact fees under the pilot project, which is... That means that we are going to try to
avoid having more properties off the tax rolls in the City of Miami.
Vice Mayor Plummer: Well, Mr. Dawkins, if I may, because you all put me on that committee
as Chairman. What we're saying is that there's a great deal of tax exempt properties in this
community. This one particularly talks to if a surplus piece of property in the City of Miami is
sold to a tax exempt corporation, that prior to them getting the deed, they will have to agree that
they will make a voluntary contribution to provide for municipal services that they will require
in that new location.
Mayor Clark: Because they're going to get them anyway, fire and everything else.
Mr. Odio: Every year.
Vice Mayor Plummer: OK? "PILOT" stands for payment in lieu of taxes. And if anybody else
wants that committee, they can have it, because I want to tell you, as the days go on, it's going to
be more and more unpopular, and very briefly, may I tell you that we are finding things in that
committee that are unbelievable, Mr. Mayor.
Commissioner Dawkins: Well, I'm going to move it, but I'd like to make it clear to you, and I
think I speak for the other four Commissioners, we did not send you over there to win a
popularity contest. OK? Thank you.
Vice Mayor Plummer: Why did you do it...
133 May 11, 1995
Commissioner Gort: We sent the right person there.
Vice Mayor Plummer: Why did you do it in a campaign year?
Mayor Clark: All right. Call the roll.
An Ordinance entitled -
AN ORDINANCE RELATING TO THE DISPOSITION OF SURPLUS CITY OF
MIAMI REALTY, AMENDING THE CITY CODE, SECTION 18-80, ENTITLED
"AUTHORITY TO SELL," OF CHAPTER ;18, "ARTICLE V. SALE OF REALTY,"
BY EXTENDING TO GOVERNMENTAL ENTITIES IN GENERAL PREFERRED
PURCHASE OPPORTUNITIES TO ACQUIRE SURPLUS REALTY, SUBJECT TO
SUCH PURCHASING ENTITY AGREEING TO MAKE CONTRIBUTIONS TO THE
CITY'S PAYMENT -IN -LIEU OF TAXES ("P.I.L.O.T. ") PROGRAM AS A
PROPERTY SPECIFIC CONDITION PRECEDENT TO ACQUIRING A REALTY
PARCEL ON A PREFERENTIAL BASIS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Let me give credit where credit is due. This was brought to the
committee by Cristina Cuervo. It was her idea. I thank her for bringing it before the committee,
and I think the City will benefit from it in the long run. I vote yes.
134 May 11, 1995
t,
----------------------------------------------------------------------------------------------------------------
41. ACCEPT $60,000 FROM DADE COUNTY SCHOOL BOARD AS
CONTRIBUTION FOR REOPENING / CONSTRUCTION OF JEFFERSON
STREET BETWEEN WASHINGTON AVENUE AND CHARLES AVENUE --
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH
DADE COUNTY SCHOOL BOARD, WHEREBY CITY SHALL ASSUME
RESPONSIBILITY FOR CONSTRUCTION OF ROADWAY, AND ALLOW
SCHOOL BOARD TO AUDIT PROJECT ACCOUNTING RECORDS --
INCLUDE PAVING OF BOOKER STREET.
Mayor Clark: Item 44.
Commissioner Dawkins: Go ahead, Mr. Manager.
Cesar Odio (City Manager): See, on the next one, this is a classical example. We had this
building, that store that was purchased... I'm sorry, I got the wrong...
Commissioner Gort: You got the wrong one.
Mr. Odio: I got the wrong item.
Commissioner Dawkins: OK. Mr. Manager...
Mr. Odio: I was looking at the Jefferson Building.
Commissioner Dawkins: Mr. Manager, will you and Mr. Lee find a way to tack onto this
paving... Mr. Manager, I'd like for you to hear what I'm saying. OK? I would like for you and
Mr. Wally Lee to tack onto this contract the paving of Booker Street, or whatever is the street
that St. Alban's Day Nursery is on. It's full of potholes, Mr. Manager, and what have you. So
some kind of a way... And the parents have to take their kids to St. Alban's, and when it rains,
they got to try to dodge the potholes. So find a way...
Commissioner Gort: What item is this?
Vice Mayor Plummer: Forty-four.
Commissioner Dawkins: Find a way to tack... Find out what the cost is, and as you award this
contract, award a contract to somebody to resurface that road, also.
Vice Mayor Plummer: Mr. Dawkins, you know the problem? Have you seen the pothole in
front of the NET (Neighborhood Enhancement Team) office on McFarlane?
Mr. Wally Lee: It was filled this morning, Commissioner Plummer,
Mayor Clark: Could we please have a little decorum here now, and let's move forward? Item
44, is there a motion?
Commissioner Gort: Move it.
Mayor Clark: Second? All in favor, signify...
135 May 11, 1995
V"
Commissioner Dawkins: With the proviso that they do Booker Street.
Vice Mayor Plummer: Yeah.
Mayor Clark: All in favor, signify by saying "aye" to this.
The Commission Collectively: Aye.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-384
A RESOLUTION ACCEPTING PAYMENT IN THE AMOUNT OF $60,000 FROM
THE DADE COUNTY SCHOOL BOARD AS A CONTRIBUTION FOR THE
REOPENING AND CONSTRUCTION OF JEFFERSON STREET BETWEEN
WASHINGTON AVENUE AND CHARLES AVENUE BY THE CITY OF MIAMI,
FLORIDA; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH THE
DADE COUNTY SCHOOL BOARD WHEREBY THE CITY SHALL ASSUME
RESPONSIBILITY FOR CONSTRUCTION OF THE ROADWAY AND ALLOW THE
SCHOOL BOARD TO AUDIT THE ACCOUNTING RECORDS OF THE PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
42. FIRST READING ORDINANCE: AMEND 11205 (CAPITAL
IMPROVEMENT APPROPRIATIONS ORDINANCE) -- ESTABLISH NEW
CAPITAL IMPROVEMENT PROJECT: JEFFERSON STREET PAVING
PROJECT PHASE II ($60,000) -- INCLUDE PAVING OF BOOKER STREET.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 45.
Commissioner Gort: Move it.
Mayor Clark: Is there a second?
136 May 11, 1995
Vice Mayor Plummer: Second.
Commissioner Dawkins: With the amendment that the amount necessary to resurface Booker
Street be added to the sixty thousand dollars ($60,000). With that proviso, I second it.
Mayor Clark: All right. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11205, ADOPTED
NOVEMBER 17, 1994, AS AMENDED, THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT ENTITLED "JEFFERSON STREET PAVING PROJECT
PHASE 11" IN THE AMOUNT OF $60,000; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Gort, seconded by Commissioner Dawkins, 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.
-------------------------- --------------------------------------------------------------------- -----------------
43. URGE PERFORMING ARTS CENTER TRUST (P.A.C.T.) TO FULLY
INTEGRATE ADAPTIVE REUSE OF HISTORIC SEARS BUILDING INTO
METRO-DADE PERFORMING ARTS CENTER DESIGN SELECTION.
Mayor Clark: Item 46.
Vice Mayor Plummer: Forty-eight, isn't it?
Mr. Cesar Odio (City Manager): Withdrawn.
Commissioner Dawkins: Forty-six was withdrawn.
Mayor Clark: Mayor Clark: Forty-seven.
Vice Mayor Plummer: Wait a minute, hold on. Forty-seven, I thought we just did that.
Commissioner Gort: No, we just did that.
Vice Mayor Plummer: We did 47.
137 May 11, 1995
Commissioner Dawkins: No, we didn't.
Mr. Odio: No, we didn't.
Vice Mayor Plummer: Well, you didn't, but Gort and I did.
Commissioner Gort: Sorry about that. Go ahead.
Mayor Clark: Item 47.
Vice Mayor Plummer: I move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: All in favor, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-385
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
PERFORMING ARTS CENTER TRUST TO FULLY INTEGRATE, AS FULLY AS
POSSIBLE, THE ADAPTIVE RE -USE OF THE HISTORIC SEARS BUILDING INTO
THE METRO-DADE PERFORMING ARTS CENTER DESIGN SELECTION.
(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
138 May 11, 1995
----------------------------------------------------------------------------------------------------------------
44. AMEND RESOLUTION 94-409, WHEREBY $70,000 FROM CAPITAL
IMPROVEMENT PROGRAM FOR SEMI PERMANENT FENCING FOR
SOUTH END OF BAYFRONT PARK WAS AUTHORIZED -- EXPENDITURE
TO BE USED INSTEAD FOR: (1) INSTALLATION OF SOUTH END
IRRIGATION SYSTEM; (2) PURCHASE OF SOUTH END SOUND AND
LIGHT SYSTEM; AND (3) REPLACEMENT LASER TUBE FOR LASER
TOWER.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 48.
Vice Mayor Plummer: Forty-eight. If Dawkins moves it, I second it.
Mayor Clark: Fencing.
Vice Mayor Plummer: If he doesn't move it, I'll move it.
Commissioner Dawkins: I'll second then, no difference.
Mayor Clark: All right. All in favor, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-386
A RESOLUTION AMENDING RESOLUTION NO. 94-409, ADOPTED JUNE 9, 1994,
WHEREBY THE EXPENDITURE, IN AN AMOUNT NOT TO EXCEED $70,000,
FROM THE CAPITAL IMPROVEMENT PROGRAM FOR SEMI PERMANENT
FENCING FOR THE SOUTH END OF BAYFRONT PARK WAS AUTHORIZED;
THEREBY AUTHORIZING THAT SAID EXPENDITURE BE USED INSTEAD FOR
THE FOLLOWING PROJECTS: (1) INSTALLATION OF A SOUTH END
IRRIGATION SYSTEM; (2) PURCHASE OF A SOUTH END SOUND AND LIGHT
SYSTEM; AND (3) A REPLACEMENT LASER TUBE FOR THE LASER TOWER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
139 May 11, 1995
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
----------------------------------------------------------------------------------------------------------------
45. DISCUSS AND DEFER (TO NEXT MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO AUTHORIZE CITY MANAGER 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 THE 150-
UNIT MELROSE TOWNHOME PROJECT IN ALLAPATTAH.
Vice Mayor Plummer: I move 50.
Mayor Clark: Forty-nine.
Commissioner Gort: It's been moved.
A. Quinn Jones, III, Esq. (City Attorney): Forty-nine, we took up.
Mayor Clark: That has been moved. Number 50.
Vice Mayor Plummer: Now, wait a minute. Mr. City Attorney, I gave you that document. Does
that document, in any way, which I did not read, but brought to you because it was delivered
today, have any bearing whatsoever on this item? I have not had time to read it.
Mr. Jones: Commissioner, to be honest with you, I don't know. I have to...
Vice Mayor Plummer: I would ask, then, that this matter be deferred until the next meeting.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
140 May 11, 1995
THEREUPON, ON MOTION DULY MADE BY VICE MAYOR
PLUMMER AND SECONDED BY COMMISSIONER
DAWKINS, ITEM 50 WAS DEFERRED UNTIL THE
COMMISSION MEETING OF MAY 25, 1995, 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
Mayor Clark: Fifty-one.
Commissioner Gort: By the way, Mr. Mayor, I don't think I received any information on this
item, and I believe I requested that I get some information on it.
Vice Mayor Plummer: Fifty-one?
Commissioner Gort: No, 50.
Mayor Clark: Fifty has been deferred,
Vice Mayor Plummer: Oh, all right. Well, Mr. City Attorney, would you make others available
of that copy of that?
Mr. Jones: Yes.
Vice Mayor Plummer: I don't know if others received it or not, from Barnett Bank.
141 May 11, 1995
1; -
----------------------------------------------------------------------------------------------------------------
46. (A) REJECT ALL PROPOSALS RECEIVED FROM CERTIFIED PUBLIC
ACCOUNTING (CPA) FIRMS IN CONNECTION WITH UNIFIED
DEVELOPMENT OF: (1) MIAMI MARINE STADIUM AND
RELATED FACILITIES ON VIRGINIA KEY; (2) MEGA YACHT
MARINA AND RELATED FACILITIES ON WATSON ISLAND,
AND (3) CAMPGROUND AND RELATED FACILITIES ON
VIRGINIA KEY -- INSTRUCT ADMINISTRATION TO ISSUE
REQUEST FOR NEW PROPOSALS.
(B) APPOINT INDIVIDUALS TO SELECTION REVIEW
COMMITTEES: (1) MIAMI MARINE STADIUM: TERESA
BENACH; (2) MEGA YACHT MARINA: CAPTAIN BOB LEWIS,
AND (3) VIRGINIA KEY CAMPGROUND: GENE HANCOCK. (See
label 60)
Mayor Clark: Item 51, is there a motion?
Vice Mayor Plummer: Who is the recommended?
Mr. Jack Luft: We've gotten... Freeman, Dawson and Associates (phonetic) is the CPA
(certified public accountant), minority certified.
Vice Mayor Plummer: What, what, what?
Mr. Luft: Freeman Dawson and Associates. They're located...
Vice Mayor Plummer: Freeman Dawson.
Mr. Luft: Right. They're a minority firm, female owned, in the City of Miami. They're
certified by our Minority Procurement Office.
Vice Mayor Plummer: At what cost?
Commissioner Dawkins: Where are they located?
Mr. Luft: The costs are going to be dependent on how many proposals we get. The more
proposals...
Vice Mayor Plummer: Is it so much proposal, is it so much an hour? What have you
negotiated?
Mr. Luft: Yeah, it's a base fee, plus an add -on for additional proposals.
Vice Mayor Plummer: How much is the base fee? How much is additional proposals?
Mr. Luft: Its about twenty-five thousand dollars ($25,000) as a base, plus six thousand ($6,000)
per proposal.
Vice Mayor Plummer: Now, let me make an understanding here. If you only get one proposal,
we will not go through this process. Correct?
142 May 11, 1995
Mr. Luft: Yes, you will.
Vice Mayor Plummer: Why?
Mr. Luft: Because the Charter requires a CPA firm evaluation of the proposal.
Vice Mayor Plummer: No, no, no. If you don't get three, you've got to go to a referendum.
Mr. Luft: Oh, that's correct.
Vice Mayor Plummer: OK. So if you only get one...
Mr. Luft: Right.
Vice Mayor Plummer: ... you will not go through that process without first talking to this
Commission, whether or not we want to consider a referendum or not.
Mr. Luft: Oh, absolutely. Absolutely. You can reject all the proposals, you can do... You can
cancel the process.
Mayor Clark: Straight enough?
Commissioner Dawkins: When you say "minority firm," what are you saying?
Mr. Luft: This is a woman... female -owned firm.
Commissioner Dawkins: And there are no other minority firms available.
Mr. Luft: This was the only one that proposed.
Commissioner Dawkins: All right. Throw it out, and readvertise, and see who else will apply. I
move that this be thrown out, and they readvertise, and see what they can come up with.
Mayor Clark: Item 52.
A. Quinn Jones, III, Esq. (City Attorney): Well, you need to take a vote on that.
Mayor Clark: Item 52.
Mr. Jones: You need to take a vote on that, if you...
Commissioner Dawkins: I get tired of telling you to find some. I keep telling you over and
over, find some.
Mayor Clark: It's the same thing, now. You want to throw out 52, also?
Mr. Luft: We can only...
Commissioner Dawkins: Yes, sir, throw out 52, too. Let them readvertise.
I Vice Mayor Plummer: Mr. Mayor, City Attorney...
Mr. Luft: Sir, we can only take the ones that are on the certified. list. That's all we can do, if you
want a minority set aside.
143 May 11, 1995
k�_
Commissioner Dawkins: And it's none that I'm talking about on the certified list.
Mr. Luft: Well, that's... If you want a minority set aside, the attorney has said you must use that
list.
Commissioner Dawkins: You see, that's why you and I have a problem. It's not what I want.
It's what's right. OK?
Commissioner Gort: Mr. Mayor.
Commissioner Dawkins: Don't say that I'm the one sitting up here saying, "Bring me a black
outfit." Don't say that.
Mr. Luft: I didn't say that.
Commissioner Dawkins: You said if I want... OK, we won't get into that. Well, I understood
what you said. Maybe nobody else did, OK?
Mayor Clark: Mr. Gort.
Commissioner Gort: Mr. Mayor, let me ask a question, because I think we have several minority
CPA firms in here today. Maybe we can ask them why they did not respond to this.
Vice Mayor Plummer: Probably they didn't know about it.
Mr. Luft: Because we sent...
Commissioner Dawkins: Come on, come on.
Mr. Luft: ... the bid to only those firms that our Minority Office told us was on the certified list.
Commissioner Gort: The City of Miami certified list.
Mr. Luft: Correct.
Commissioner Gort: Well, those people, my understanding is that they're in the City of Miami
certified list.
Mr. Luft: And of those... They were not on the list, if you're talking about Sharpton and
Brunson.
Vice Mayor Plummer: Mr. Brunson.
Commissioner Dawkins: Why weren't they on the list?
Ms. Anne Whittaker: They were not certified at the time, at the time that this process went out.
Commissioner Dawkins: OK. They're certified now. Throw it out and start over.
Ms. Whittaker: OK. That's fine.
Commissioner Dawkins: Thank you.
144 May 11, 1995
Vice Mayor Plummer: Wait, wait, wait. Mr. Brunson, you were not certified? I mean, because
if you weren't, we've been making a lot of mistakes for a long time.
Mr. Anthony Brunson: Well, it recently came to my attention that we weren't, but we were
always of the impression that we were. During a recent RFP (Request for Proposals) process, it
came to our attention that we had not been certified. We have been since recertified. I mean, a
number of years ago, we were certified, and apparently, that process lapsed. I mean, it's all news
to me.
Commissioner Gort: Well, you got to do it every year.
Mayor Clark: All right. It's going to go out for re... How about 52? You want to do the same
thing there, Miller?
Commissioner Dawkins: Yes, sir.
Mayor Clark: Fifty-two. How about 53?
Commissioner Dawkins: Fifty-three, what is that? Campground. No, that's J.L.'s problem. I
won't bother the campground.
Mayor Clark: No, you...
Vice Mayor Plummer: Wait, wait, wait. Fifty-two... No, 52 is not for a CPA, is it? Yes, it is,
too.
Mr. Luft: Well, it is, too. All three of these require you pick a selection committee and a CPA.
The CPA on the...
Commissioner Dawkins: Yeah, throw all three of them out.
Mr. Luft: ... marina project was Goldstein, Pastroff, Batja, and again, on the campground was
Freeman Dawson.
Vice Mayor Plummer: All right. Well, I can make my appointments to the evaluation
committee, if you want them.
Mr. Luft: Yes, yes, you can.
Vice Mayor Plummer: On 51, it's Terry Benach...
Mr. Luft: All right.
Vice Mayor Plummer: ... who rows at the Marine Stadium all of the time. The only problem
negative with her is that she's a friend of Cesar's. Fifty-two, my nomination to that is one of the
world's greatest fishermen, and that is Bob Lewis.
Mr. Luft: Yes.
Vice Mayor Plummer: To 53, a man in construction, Mr. Gene Hancock.
Mr. Luft: Yes, sir. OK.
Vice Mayor Plummer: And then I'll come back, and we'll vote on the CPAs at a later date.
145 May 11, 1995
Mr. Luft: OK.
Mayor Clark: Yes, ma'am.
Ms. Nancy Pastroff: My name is Nancy Pastroff. I'm the managing partner of Goldstein,
Pastroff, Barja and Company. We are a City of Miami minority firm. I believe we were
recommended for item number 52. We have been in the City of Miami Minority Certified
Program for quite some time. My partner, Jose Barja, is with me. Is there any particular reason
why we are not qualified?
Vice Mayor Plummer: Are they the recommended firm?
Mr. Luft: Yes. This is for the marina project.
Ms. Whittaker: In that instance, there were two proposals, Jack. You need to say that.
Mr. Luft: Yes. There were two.
Vice Mayor Plummer: You know, the... I guess...
Commissioner Dawkins: Let them all go out. Let them all come back again. We will just have
to bid again, that's all, Miss.
Mayor Clark: All right. Now, item 53... sorry. Item 53, also?
Commissioner Dawkins: Yes, sir.
Mayor Clark: OK.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-387
A MOTION REJECTING ALL PROPOSALS RECEIVED FROM CERTIFIED
PUBLIC ACCOUNTING (CPA) FIRMS IN CONNECTION WITH UNIFIED
DEVELOPMENT OF (1) A MIAMI MARINE STADIUM AND RELATED
FACILITIES ON VIRGINIA KEY, (2) A MEGA YACHT MARINA AND RELATED
FACILITIES ON WATSON ISLAND, AND (3) A CAMPGROUND AND RELATED
FACILITIES ON VIRGINIA KEY; FURTHER INSTRUCTING THE
ADMINISTRATION TO ISSUE A REQUEST FOR NEW PROPOSALS; FURTHER
MAKING THE FOLLOWING APPOINTMENTS TO SELECTION REVIEW
COMMITTEES (SRC):
TERESA BENACH TO THE SRC TO EVALUATE PROPOSALS FOR THE MIAMI
MARINE STADIUM ON VIRGINIA KEY (Ms. Benach was nominated by Vice Mayor
Plummer);
CAPTAIN BOB LEWIS TO THE SRC TO EVALUATE PROPOSALS FOR THE
MEGA YACHT MARINA ON WATSON ISLAND (Mr. Lewis was nominated by Vice
Mayor Plummer); and
GENE HANCOCK TO THE SRC TO EVALUATE PROPOSALS FOR A
CAMPGROUND ON VIRGINIA KEY (Mr. Hancock was nominated by Vice Mayor
Plummer)
146 May 11, 1.995
Upon being seconded by Vice Mayor Plummer, 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
-------------------------- ---------------------------------------------------------- ----------------------------
47. POSTPONE PUBLIC HEARINGS (MAY 11, 1995) TO DATE TO BE
DETERMINED BY CITY MANAGER CONCERNING RFP FOR UDP
CONSISTING OF DEVELOPMENT OF: (1) A SPECIALTY BOTANICAL
GARDEN ATTRACTION ON CITY -OWNED WATERFRONT PROPERTY
ON N.E. SIDE OF WATSON ISLAND, AND (2) A FULL -SERVICE BOAT
YARD / MARINA FACILITY AND ANCILLARY RETAIL USES,
INCLUDING A PUBLIC MARKET FACILITY AND/OR AN HISTORIC
INTERPRETIVE FACILITY ON CITY -OWNED WATERFRONT PROPERTY
AT 2640 SOUTH BAYSHORE DRIVE.
Mayor Clark: Item 54. Postponing a public hearing, the date to be determined.
Vice Mayor Plummer: Oh, no. I'll be definitely in favor of that. But why are you postponing
the public hearing?
Mr. Luft: On 54, because we do not have a survey completed, and an appraisal, because we do
not have a description of the project. We're trying to get that...
Mayor Clark: Motion to defer, a motion to defer. Is there a second?
Vice Mayor Plummer: OK. Mr. Mayor, just let me bring to the attention, if I may. Jack, if you
don't hurry up, you're going to lose the Parrot Jungle. I can tell you, they are being approached
by other people. They fully understand that they must go through the process.
Mr. Luft: Yes.
Vice Mayor Plummer: They are willing to go through the process. They were hopeful of trying
to get the process even for this November's referendum. I'm telling you, Jack, you, the
Administration...
Mr. Luft: Yes.
Vice Mayor Plummer: ... if you don't move pretty damn quick, they are going to have to go
elsewhere.
Mr. Luft: OK.
147 May 11, 1995
Vice Mayor Plummer: I'm not going to say any more, but I'm telling you, you keep postponing,
and postponing, and postponing.
Mr. Luft: Commissioner, we're not postponing.
Vice Mayor Plummer: OK?
Mr. Luft: We're asking them for the information necessary to put together the RFP (Request for
Proposals).
Vice Mayor Plummer: I'll cry tears with you when they leave.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, both 54 and 55 are resolutions
postponing, so you don't need the motion.
Mayor Clark: Give me a motion.
Mr. Jones: Don't...
Vice Mayor Plummer: Don't need it.
Mr. Jones: You have resolutions.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballots with no exception.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-388
A RESOLUTION POSTPONING A PUBLIC HEARING, ORIGINALLY
SCHEDULED FOR MAY 11, 1995, PURSUANT TO RESOLUTION NO. 95-99, TO A
DATE TO BE DETERMINED BY THE CITY MANAGER; SAID PUBLIC HEARING
TO TAKE TESTIMONY REGARDING A DRAFT REQUEST FOR PROPOSALS
("RFP") FOR A UNIFIED DEVELOPMENT PROJECT ("UDP") CONSISTING OF
THE DEVELOPMENT OF A SPECIALTY BOTANICAL GARDEN ATTRACTION
ON CITY -OWNED WATERFRONT PROPERTY LOCATED ON THE NORTHEAST
SIDE OF WATSON ISLAND IN MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
148 May 11, 19.95
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-389
A RESOLUTION POSTPONING A PUBLIC HEARING, ORIGINALLY
SCHEDULED FOR MAY 11, 1995K PURSUANT TO RESOLUTION NO. 95-48, TO
A DATE TO BE DETERMINED BY THE CITY MANAGER; SAID PUBLIC
HEARING TO TAKE TESTIMONY REGARDING A DRAFT REQUEST FOR
PROPOSALS ("RFP") FOR A UNIFIED DEVELOPMENT PROJECT ("UDP")
CONSISTING OF THE DEVELOPMENT OF A FULL -SERVICE BOAT
YARD/MARINA FACILITY AND ANCILLARY RETAIL USES, INCLUDING THE
DEVELOPMENT OF A PUBLIC MARKET FACILITY AND/OR A HISTORIC
INTERPRETIVE FACILITY ON CITY -OWNED WATERFRONT PROPERTY
LOCATED AT 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Clark: Item number 56.
Vice Mayor Plummer: Well, that's the one we're going to do what, now? That's the one you
asked to be deferred about the casino boat. Right?
Commissioner Dawkins: Yeah.
Mayor Clark: Well, I haven't gotten anything back yet.
149 May 11, 1995
k. --
y
NOTE FOR THE RECORD: Agenda item 56 was deferred,
----------------------------------------------------------------------------------------------------------------
48. ACCEPT RECOMMENDATION OF AUDIT ADVISORY COMMITTEE FOR
MOST QUALIFIED TEAM OF CERTIFIED PUBLIC ACCOUNTING (CAP)
FIRMS PROPOSING SERVICES TO PROVIDE EXTERNAL AUDITING AND
ADDITIONAL SERVICES -- AUTHORIZE CITY MANAGER TO
NEGOTIATE CONTRACT WITH RECOMMENDED TEAM: (1) DELOITTE
& TOUCHE, LLP; (2) SHARPTON, BRUNSON & COMPANY, (3) SANSON,
KLINE, JACOMINO & COMPANY AND (4) WATSON & COMPANY --
ALLOCATE FUNDS ($331,200) -- DIRECT ADMINISTRATION TO RE -BID
THE (SET ASIDE) FEMALE PORTION OF THIS PROPOSAL.
Vice Mayor Plummer: So we're down to 57.
Mayor Clark: Department of Finance, Audit Advisory Committee. Recommendation accepting
the Advisory Committee.
Vice Mayor Plummer: I accept the recommendation. I'm sorry.
Mr. Manohar Surana: On item 56, I'd like to make one correction.
Vice Mayor Plummer: Fifty-six or 57?
Mr. Surana: I'm sorry, 57. We'd like to rebid the female portion of the RFP (Request for
Proposals).
Vice Mayor Plummer: Why don't you take the female portion and spread it over the other three
firms?
A. Quinn Jones, III, Esq. (City Attorney): No, no.
Mr.Surana: According to the RFP, we're supposed to have one female firm.
Vice Mayor Plummer: But this female firm, from what I've been told, did not qualify.
Mr. Jones: Was not certified.
Vice Mayor Plummer: Was not cert... Well, it didn't qualify. OK?
Mayor Clark: You want to move this thing? Move it and I'll second, and we'll get it out of the
way.
Commissioner Dawkins: Move it.
Mayor Clark: There's a motion on the floor to accept the recommendation. Is there a second?
Vice Mayor Plummer: Well, you can't accept it, because the recommendation includes the
female firm which is not qualified.
150 May 11, 1995
E
Commissioner Dawkins: He said he's going to rebid it.
Mr. Jones: No, no, no. What he's saying... What you...
Mr. Surana: Rebid only the female portion.
Mr. Jones: What you're doing is accepting the recommendations with the... with three firms, and
then for the female portion, which is...
Commissioner Dawkins: Rebid it...
Mr. Jones: ... rebid.
Commissioner Dawkins: ... and let the females bid for it among themselves.
Vice Mayor Plummer: So in other words, just that portion.
Mr. Surana: Yes, sir.
Mayor Clark: Is there a second?
Vice Mayor Plummer: OK. How can the Administration... Yes, I'll second it, Mr. Mayor.
How can the Administration accept and recommend to us, and not know that the females were
qualified? I mean, who dropped the ball?
Mr. Surana: Yeah, Judy will answer that question for you.
A
Mayor Clark: Wait a minute. We're right in the middle of a vote. Call the roll on this item.
I
y Vice Mayor Plummer: We're not in the middle of a vote.
Mayor Clark: Yes, we are.
151 May 11, 1995
V
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-390
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY OF
MIAMI'S AUDIT ADVISORY COMMITTEE FOR THE MOST QUALIFIED TEAM
OF CERTIFIED PUBLIC ACCOUNTING ("CPA") FIRMS PROPOSING SERVICES
TO PROVIDE EXTERNAL AUDITING AND ADDITIONAL SERVICES,
PURSUANT TO RFP 94-95-067, FOR THE CITY OF MIAMI; AND AUTHORIZING
THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH THE
RECOMMENDED TEAM FORMED BY THE CPA FIRMS OF DELOITTE &
TOUCHE, LLP., SHARPTON, BRUNSON & COMPANY, AND SANSON, KLINE,
JACOMINO & COMPANY, FOR AN ESTIMATED TOTAL AMOUNT OF $331,200;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 350119-340, 260221-
340, 550108-340, 260201-280 AND 450806-280; FURTHER DIRECTING THE MIAMI
AUDIT ADVISORY COMMITTEE, THROUGH THE CITY ADMINISTRATION, TO
SEEK PROPOSALS TO SAID RFP FROM QUALIFIED MINORITY (FEMALE)
OWNED CPA FIRMS TO JOIN THE AUDITING REAM AND TO RECOMMEND
THE MOST QUALIFIED PROPERS TO THE MIAMI CITY COMMISSION FOR
ACCEPTANCE.
(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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Commissioner Victor De Yurre
(NOTE FOR THE RECORD: Although absent during roll call,
Commissioner Gort requested of the Clerk to be shown in
agreement with the motion.
Mayor Clark: OK. Now, speak, ma'am.
Vice Mayor Plummer: Send me a note.
Judy Carter: Yes, sir, thank you.
Mayor Clark: Item 58. That item has been approved.
Vice Mayor Plummer: Is 57 understood by people? There's a gentleman standing there, and I
think you were one of the involvements. You understand, you're involved?
152 May 11, 1995
Unidentified Speaker: Yes, sir.
Vice Mayor Plummer: OK.
Commissioner Gort: Right. And 57, I voted for, also.
Vice Mayor Plummer: OK. Fifty-seven... excuse me, sir, you know, all but the women.
Mayor Clark: It's all passed with that.
Commissioner Dawkins: Fifty-eight is what, now, Mr. Mano?
Mr. Manohar Surana: Fifty-eight, that's for the underwriters recommendation.
Mayor Clark: Do you recommend it, Mano?
Mr. Surana: Yes, sir. We recommend Team A and Team B.
Commissioner Dawkins: OK. Move it.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Wait, wait, wait. Now, there's people here to object on this, Mr. Mayor.
NOTE FOR THE RECORD: Commissioner De Yurre enters the
Commission Chamffer at 3.24 p.m.
Unidentified Speaker: I have a question on 57.
Mayor Clark: On number 58?
Vice Mayor Plummer: No. He has a question on 57, he said.
Mayor Clark: Fifty-seven has been passed and approved.
Vice Mayor Plummer: Approach the mayor.
Mr. Leonardo Gravier: My partner will tell you... My name is Leonardo Gravier. I'm a CPA
and my partner Octairo Verdeja, who wasn't able to be here today, wrote a letter on May the 4th
requesting, respectfully, very respectfully, that our firm be included in the process of the audit,
that we had been omitted, even though in prior years, we have been part of the team, of the audit
team.
Mayor Clark: What item, Leo?
Mr. Gravier: And we thought that we could contribute...
Mayor Clark: Leo.
Mr. Gravier: ... substantially to the enhancement of the audit process this year. We were
omitted from the group, and we suggest that we be reinserted.
153 May 11, 1995
N
Vice Mayor Plummer: Well, sir, did you make an application?
Mr. Gravier: Yes.
Vice Mayor Plummer: And you were not selected.
Mr. Gravier: We were not selected and...
Vice Mayor Plummer: Well, sir, we're... The motion was to accept the recommendation of the
committee. That's why we have committees, to ask them to go through that process and make
recommendations to us.
Commissioner De Yurre: J.L., Mr. Mayor, on this one, wasn't there a female firm that was
involved that pulled out?
Mayor Clark: We've got that straightened out.
Vice Mayor Plummer: That's out for rebidding, Victor. We passed it all but the female portion.
That's going back out individually for rebidding.
Commissioner De Yurre: OK. Now, what does that do to the process now? The whole thing is
held up until we get a female firm?
Vice Mayor Plummer: No. We approved everything else but the female.
Mayor Clark: The female is the only thing they have to work out. The rest has been approved.
---------------------------------------------------------- -----------------------------------------------------
49. INSTRUCT ADMINISTRATION TO REJECT ALL PROPOSALS RECEIVED
CONCERNING UNDERWRITING TEAMS FOR FORTHCOMING CITY OF
MIAMI'S NEGOTIATED TAX-EXEMPT AND TAXABLE NOTE AND
BOND FINANCINGS -- INSTRUCT ADMINISTRATION TO REQUEST NEW
PROPOSALS, WHICH ARE RESTRICTED TO LOCAL VENDORS AND
MINORITIES. (See label 53) [Note: This was later reconsidered and item
passed as R 95-395.]
Mayor Clark: All right. What about this gentleman here?
Mr. Leopoldo Guzman: Ladies first.
Ms. Sylvia Seaton: Thank you. My name...
Commissioner Dawkins: What item is this, now?
Mr. Guzman: Fifty-eight.
Ms. Seaton: My name is Sylvia Seaton, and I represent First Equity Corporation. First Equity
Corporation is an investment banking firm that has been operating in the City of Miami for 26
years. That makes us the oldest investment banking firm headquartered here in the City of
Miami. We are also a major employer within the industry, and a major taxpayer of the City of
154 May 11, 1995
Miami. Consequently, we were very surprised to see that when you went to select underwriters,
you omitted to select a locally headquartered firm, and I am formally voicing our
disappointment, and asking why we were not considered.
Mayor Clark: Well, that was up to the members of the selection committee. We didn't get
involved in that.
Vice Mayor Plummer: Is there anyone here from the selection committee?
Mayor Clark: No. Are you on this item, also?
Vice Mayor Plummer: Who are you from?
Mr. Guzman: I'm here on this item, too. My name is Leo Guzman. I'm the president of
Guzman and Company. We are a hundred percent minority owned firm headquartered in the
City of Miami, always headquartered in the City of Miami since 1987. We have been part of the
regular underwriting team of the City of Miami continuously since 1988 to the present date. We
are also underwriters for the City of Chicago, the City of Houston, the City of New York, the
City of Los Angeles, Orlando, as well as Dade County, Broward County, Orange County, and
Cook County, Illinois, and other counties throughout the nation. We are an investment banking
firm, we're members of the New York Stock Exchange, we're the first Hispanic -owned firm,
member of the New York Stock Exchange. We're the only member of the New York Stock
Exchange ever headquartered in the City of Miami. Yet, in spite of all these qualifications, the
selection committee decided that we were not part of this underwriting.
Vice Mayor Plummer: Mano can you tell us why, why these two firms were... I mean, was it a
ranking? Because normally, we have it in the backup, but there's nothing here.
Mr. Manohar Surana: Yes, sir, yes. Commissioner, the committee, which was... consisted of
five members, they agreed on a five point system. Number one firm got the five points, number
two got four, three, two, one, and so on. So they added all the points, and after points, we did the
ranking, and based on the ranking, they awarded the bid.
Vice Mayor Plummer: OK. Now, may I ask some questions?
Mr. Surana: Yes, sir.
Vice Mayor Plummer: Rauscher Pierce Refenes, Inc., are they local? Where is their home
office? Where is their office?
Mr. Percy Aguila: For the record, Percy Aguila, Rauscher Pierce. The public finance office of
Rauscher Pierce is in Miami. We have another office in Sarasota. Our headquarters are...
Vice Mayor Plummer: Where in Miami is your office?
Mr. Aguila: 201 South Biscayne Boulevard, Miami Center.
Vice Mayor Plummer: OK. And Smith Barney?
Mayor Clark: You know they're here.
Vice Mayor Plummer: In Miami?
Mayor Clark: Sure. They got their office here.
155 May 11, 1.995
Vice Mayor Plummer: My next question is, where is William R. Hough?
Mr. Dick Montalbano: Dick Montalbano, resident manager for William R. Hough. Our public
finance office is located at the CenTrust Building, 100 Southeast 2nd Street.
Vice Mayor Plummer: OK. I have one other question.
Ms. Seaton: Excuse me, if I may interrupt. The question here, I think, also should bear that...
who is locally headquartered, not if they have an office in the City of Miami. If they're locally
headquartered, that's the important issue here.
Vice Mayor Plummer: Well, but if they have an office here, they're paying taxes.
Ms. Seaton: Right.
Vice Mayor Plummer: That's my interest.
Ms. Seaton: OK.
Vice Mayor Plummer: Why do we have to have a senior manager and a co -senior manager? For
a City who is probably not going to float a bond for the next year, it seems like we're going...
Mayor Clark: Let's find out.
Vice Mayor Plummer: Huh?
Mr. Kishor Parekh: Commissioner, Kishor Parekh, with the financial advisors. The selection
committee decided that it was in the best interest to have a senior manager that would run as the
book running manager for the transaction. The co -senior manager has a higher percentage of
liability and participation in the structuring of the transaction.
Vice Mayor Plummer: And it's going to cost us more money.
Mr. Parekh: No, it will not cost the City an additional amount of money.
Mayor Clark: They get the same percentage. They just cut it up more.
Vice Mayor Plummer: It's going to be all soft dollars?
Mr. Parekh: Correct - no. Right, correct.
Vice Mayor Plummer: Soft dollars?
Mr. Parekh: No. There's no soft dollars. The cost to the City is one set cost. That will be split
between the five firms.
Vice Mayor Plummer: Has that already been negotiated?
Mr. Parekh: No, that has not been negotiated. That would be negotiated at the time the
transaction would occur.
Vice Mayor Plummer: OK. Let me ask... And I'm sorry, I have one more question. Why are
we establishing up front, when we have no bond issues, from everything we know for the past
156 May 11, 1995
k- -
two years, bond issues haven't passed, people are fed up to here with taxes, there's not going to
be any more bond issues, why are we going through this process?
Mr. Parekh: Commissioner, if I...
Mayor Clark: Well, we're looking for a new day. Maybe a new day.
Vice Mayor Plummer: No, no, I'm asking the question. Why wouldn't we bid at the time that
we have a bond going out, so we can negotiate price?
Mr. Parekh: The reason that the City has decided to establish a team, underwriting team...
Vice Mayor Plummer: Yeah.
Mr. Parekh: ... is so that the City may use these firms to develop ideas and financing concepts to
reduce the cost to the taxpayers of financing, as well as the general millage rate.
Vice Mayor Plummer: How long is this pick four?
Mr. Parekh: This would be for a period of two years.
Vice Mayor Plummer: I'll make it one and one.
Mr. Parekh: That's fine. That's up to the Commission's prerogative, sir.
Mayor Clark: Come on, let's go for two.
Vice Mayor Plummer: Let's go, one and one.
Mayor Clark: There's going to be no bond issue for two years, anyway, so you got a one and
one now.
Vice Mayor Plummer: If we need to throw them out at the end of one, it's renegotiable. If not,
it's just a simple matter of this Commission, but...
Commissioner De Yurre: J.L., it's a matter of bidding, anyway.
Vice Mayor Plummer: We take the option. Why would you want to give up the option of one
and one, if it's our option?
Mayor Clark: All right, one and one. Go one and one.
Commissioner De Yurre: OK. Then we're going to add Guzman over here?
Vice Mayor Plummer: No.
Mayor Clark: No, we're just...
Vice Mayor Plummer: If you do that, then add First Boston.
Ms. Seaton: First Equity Corporation.
Commissioner De Yurre: Add them, too. It's just a matter of adding them to the team, and
they're going to be helping the City come up with ideas.
157 May 11, 1995
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'A
A. Quinn Jones, III, Esq. (City Attorney): You can't, no, you can't do that, Commissioner.
Commissioner De Yurre: Why not?
Mr. Jones: Because you went through a ranking process. This is what the committee selected.
Commissioner De Yurre: OK. They also selected one and one? Hello?
Mr. Jones: Yes.
Commissioner De Yurre: One year and one year instead of two years?
Mr. Jones: Was it one year...
Unidentified Speaker: No.
Vice Mayor Plummer: Well, you can always give less. You can't give more.
Commissioner De Yurre: Huh?
Mayor Clark: One year with a one year option, right, J.L.?
Mr. Jones: The RFP said two years, so you can't change that.
Commissioner De Yurre: OK. Then why do you say to me...
Vice Mayor Plummer: Oh, wait, but you can make it one and one.
Mr. Jones: If the RFP said two years, that's what's binding, Commissioner.
Mayor Clark: All right. Two years.
Vice Mayor Plummer: Then I move that we throw them out.
Commissioner Dawkins: Well, y'all need to throw it all out.
Mr. Cesar Odio (City Manager): We need underwriters now, seriously.
Mayor Clark: Come on, J.L. Let's get something done here.
Mr. Odio: We need underwriters now.
Commissioner De Yurre: Now wait. I'll move for the two years. Now, tell me why we can't
add additional companies.
Mr. Jones: Well, the reason you can't...
Mayor Clark: You ruin the process of selecting.
Mr. Jones: The reason you can't...
Commissioner De Yurre: No, no, I want to hear it from him, for the record.
158 May 11, 1995
Mr. Jones: No. The reason you can't add additional companies is because these... If they
responded, which, obviously, I think you were... you did respond to the RFP, you went through
the whole process, and the selection committee ranked you. So you can't add any. I mean,
you're going to have challenges from all the others. They're going to say, "Well, why can't you
add me, too?"
Commissioner De Yurre: Were there any others left out?
Vice Mayor Plummer: Yeah.
Mr. Jones: Yeah. There were 27 companies that responded to the RFP.
Commissioner De Yurre: Oh, OK.
Mr. Guzman: But perhaps I can add some additional information.
Commissioner De Yurre: How many... Hold it, hold it. I'm not through yet.
Mayor Clark: Oh, please, please.
Commissioner De Yurre: How many...
Mayor Clark: We got enough information.
Commissioner De Yurre: Well, Mr. Mayor...
Mayor Clark: The motion is...
Commissioner De Yurre: ... I just need to know how many of the ones that were selected are
Hispanic firms, and how many are black firms.
Vice Mayor Plummer: Smith Barney is obviously Latin.
Commissioner De Yurre: Yeah. They're from "Caibarien." How many Hispanics and blacks do
we have... and female do we have there?
Commissioner Dawkins: It don't take this long. Now, you guys got the list.
Ms. Whittaker: There is a representation from each group. One Hispanic, one female, one
black, and one non -minority firm.
Mayor Clark: They all got represented.
Commissioner De Yurre: OK. Who is the Hispanic?
Ms. Whittaker: They have Samuel Ramirez and company.
Commissioner De Yurre: Who?
Ms. Whittaker: Samuel Ramirez.
Mr. Odio: Samuel Ramirez.
Commissioner De Yurre: What firm is that?
159 May 11, 1995
Mr. Odio: And Company, Incorporated.
Mayor Clark: That's his company.
Unidentified Speaker: Out of New York, and he's not registered as a minority firm with the
City.
Mr. Odio: Hey, hey, you're not... Wait, wait. You're not staff.
Mayor Clark: Sir, you please be quiet.
Commissioner De Yurre: And that is a local Miami firm?
Ms. Whittaker: No.
Commissioner De Yurre: OK.
Ms. Whittaker: It's a firm out of New York.
Commissioner De Yurre: OK. Forget New York. Next.
Vice Mayor Plummer: Oh, come on.
Commissioner De Yurre: Give me a female.
Ms. Whittaker: Smith Mitchell Investment Group.
i
j Commissioner De Yurre: Who's the female there, Smith or who?
i
Ms. Whittaker: Mitchell. I can't remember now all the names.
Mayor Clark: See what you've done, J.L.? Now you see what you've done? We might as well
kill it all. Forget it. I don't understand this. That's the reason nothing gets done here.
Commissioner Dawkins: Local or out of town?
Vice Mayor Plummer: But Steve, Steve, what are you going to do for the others?
i
Commissioner De Yurre: Well, don't you have it written down there? Is it a female majority
l owned firm?
Ms. Whittaker: Yes. That one is.
Commissioner De Yurre: For sure now. And they're from where?
Ms. Whittaker: I believe they're from Boca.
Mayor Clark: Oshkosh.
Commissioner Dawkins: Nova Scotia.
Commissioner De Yurre: Where?
160 May 11, 1995
y
Ms. Whittaker: Boca.
Commissioner De Yurre: Boca. OK. That's out. Next.
Commissioner Dawkins: The black.
Commissioner De Yurre: Give me the black.
Commissioner Dawkins: The black firm.
Ms. Whittaker: Grigsby Brandford.
Commissioner De Yurre: OK. Who's the black there?
Commissioner Dawkins: Where are they located? South Broward?
Ms. Whittaker: OK. Grigsby Brandford has a corporate office in Miami.
Commissioner Dawkins: Where is their permanent office?
Ms. Whittaker: Public finance office only.
Commissioner Dawkins: OK. Where is their base, home base office?
Ms. Whittaker: San Francisco.
Commissioner De Yurre: OK. Mr. Mayor, you know, if our conviction is local firms, minority
firms, we have to... there has to be a priority of qualified...
Mayor Clark: That's fine, Mr. De Yurre, but tell the selection committee to get out of the way,
and appoint another selection committee.
Commissioner De Yurre: Well, let's do that. I so move.
Commissioner Dawkins: Second.
Mr. Jones: Well, let me suggest this. If you're going to have... if you're going to reject all the
bids that come in and you want to rebid, I suggest that you make the RFP restricted only to local
vendors.
Commissioner De Yurre: So be it. That's the way it should be.
Mr. Jones: And you aren't going to get anybody.
Commissioner De Yurre: Well, I've got one here, I've got one here.
Ms. Seaton: That's right.
Commissioner De Yurre: I bet you we'll get them.
Mayor Clark: You got a man...
Commissioner Dawkins: And there's one coming in there.
161 May 11, 1995
Mayor Clark: You got a man on that board. Why don't you talk to him.
Mr. Rafael Diaz (Deputy City Attorney): He's the chairman.
Mayor Clark: He's the chairman.
Mr. Diaz: He's the chairman of the committee.
i
Mayor Clark: Yeah, Diaz. Your chairman selected this group.
Commissioner Dawkins: Who?
Mr. Odio: The committee was...
Mayor Clark: Your chairman.
Mr. Odio: The committee was Mikki Canton, Boris Rosen, Daryl Sharpton, Luis Ajamil and
Manny Diaz.
Commissioner De Yurre: OK. Well, then, we have to instruct them that in the RFP process
going out, that they be local firms, local minority firms.
Vice Mayor Plummer: Is the statement that I just heard true, that Samuel A. Ramirez is not a
qualified minority?
Mr. Odio: What is it?
Vice Mayor Plummer: I'm asking, is that a true statement?
Ms. Whittaker: He's not certified with the City of Miami, no.
Vice Mayor Plummer: Then why is his name here?
Ms. Whittaker: Because it's not...
Vice Mayor Plummer: Why is his name here?
Ms. Whittaker: It wasn't a set aside, Mr. Plummer. It was not a set aside. In the RFP, there
were ten points assigned...
Vice Mayor Plummer: But you're portraying to this Commission that he is a Hispanic.
Ms. Whittaker: And he is. He used to be certified by the City, but the City's minority ordinance
has two requirements, one to do with the number of employees. If you exceed 25 employees,
you can no longer be certified by the City. And if your net worth is over two million
($2,000,000), you can no longer be certified. And based on one of those - I can't remember
which - I have 300 firms.
Vice Mayor Plummer: Yeah. You know, you know, let me tell you something. Our minority is
crazy. You ask for minority banks, and no bank can open its doors with less than five million
dollars ($5,000,000), and yet, you say if they have over two million ($2,000,000), they can't
qualify as a minority. So in your determination, we have no minority banks at all in the City of
Miami.
162 May 11, 1995
Mayor Clark: Now, we're going to move forward on the item. It's a motion to defer, or to throw
them all out, and a second. Call the roll, Madam Clerk.
Mr. Jones: Making it clear, Mr. Mayor, the motion is to reject the bid.
Mayor Clark: That's right.
Mr. Jones: To rebid, with the restriction that they be... that the RFP be restricted to local firms.
Ms. Matty Hirai (City Clerk): That's correct, yes.
Mayor Clark: Call the roll.
Vice Mayor Plummer: All right. Can't we, also, Mr. City Attorney... Hello, Dolly. Can we not
also put in the RFP that the Commission reserves the right for multiple years?
Commissioner Dawkins: No.
Vice Mayor Plummer: Why not?
Mr. Jones: What is multiple years?
Vice Mayor Plummer: More than one. Whatever the Commission will select.
Commissioner Dawkins: No, no. You see, but that's how... That's how we get locked into a
year, and then another year, and then five years, and then three years, and then these people
never get a chance to participate, J.L. OK, go ahead.
Vice Mayor Plummer: Yeah, but the problem...
Commissioner Dawkins: Yes, yes, yes, put it in, J.L., so we can vote on it.
Mayor Clark: Please, please. Let's vote on this thing, and get moving.
Unidentified Speaker: Mr. Mayor, Mr. Mayor.
Mayor Clark: Yes, sir.
Unidentified Speaker: Mr. Mayor...
Mr. Jones: You got a motion on the floor.
Mayor Clark: We got a motion on the floor. Call the roll, Madam Clerk.
163 May 11, 1995
r:iu:C�S�
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO. 95-391
A MOTION INSTRUCTING THE ADMINISTRATION TO REJECT ALL
PROPOSALS RECEIVED IN CONNECTION WITH UNDERWRITING TEAMS FOR
THE FORTHCOMING CITY OF MIAMI'S NEGOTIATED TAX-EXEMPT AND
TAXABLE NOTE AND BOND FINANCINGS; FURTHER INSTRUCTING THE
ADMINISTRATION TO REQUEST NEW PROPOSALS AND INCLUDE CERTAIN
LANGUAGE THAT SAID PROPOSALS SHALL BE RESTRICTED TO LOCAL
VENDORS AND MINORITIES; FURTHER STIPULATING THAT THE CITY
COMMISSION RESERVES THE RIGHT FOR MULTIPLE YEARS.
Note for the Record: This motion was later reconsidered by Motion 95-394 and the item
was passed as Resolution 95-395, as modified.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
----------------------------------------------------------------------------------------------------------------
50. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO ACCEPT BID OF RICHLAND UNIFORM FOR FURNISHING 180 EMS
SURVEILLANCE VESTS FOR FIRE -RESCUE DEPARTMENT.
Mayor Clark: Let's go to item 59. Richland Uniform. Minority, not a local vendor.
Surveillance vest for the Department of Fire Rescue.
Vice Mayor Plummer: Move it.
Ms. Judy Carter: Yes, sir. We would like to just make a correction. We are purchasing 158
instead of 180. Other than that, everything else remains the same. The cost remains the same.
Vice Mayor Plummer: Whoa!
Commissioner Dawkins: What?
Vice Mayor Plummer: What?
Commissioner Dawkins: Whoa!
Mayor Clark: You just jumped on the bandwagon there. Why does the cost remain the same?
164 May 11, 1995
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Ms. Carter: Well, the... We made an error in placing 180 instead of 158.
Vice Mayor Plummer: Move to defer.
Ms. Carter: No, there is... It was just...
Commissioner Dawkins: Second.
Ms. Carter: No, no, no, sir.
Vice Mayor Plummer: No, no, no. It's now up to two thousand dollars ($2,000) a vest.
Ms. Carter: No, no, sir. It's not. Please. There was simply an error in the number, not in the
unit price. The unit price has not changed at all. The total amount, one hundred and two
thousand and seven hundred ($102,700) has not changed. It is simply, that amount represents
158 items, and not 180.
Vice Mayor Plummer: Yeah, but I figured this out predicated on a per unit cost.
Ms. Carter: And that is correct, and the per unit cost has not changed. The unit price is 600...
Vice Mayor Plummer: From 180, 180 down to 158, it doesn't change?
Ms. Carter: One eighty (180) to 158 is the amount, sir. It was always 158. We simply made an
error in the number, that's all.
Commissioner Dawkins: OK, OK. I'm with J.L. Present me and J.L. with your bid sheets, all
of your computations showing us where the numbers match up, and the dollars don't, and once
you present that to us, we'll bring it back.
Vice Mayor Plummer: That's it.
165 May 11, 1995
Mayor Clark: All right. It's been deferred.
THEREUPON, ON MOTION DULY MADE BY VICE MAYOR
PLUMMER AND SECONDED BY COMMISSIONER
DAWKINS, ITEM 59 WAS DEFERRED 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.
----------------------------------------------------------------------------------------------------------------
51. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO ACCEPT BID OF SOUTHERN AMBULANCE FOR PURCHASE OF 10
NEW RESCUE VEHICLES (UTILIZING EXISTING CITY OF
JACKSONVILLE BID NO. SC-0540-93) FOR FIRE -RESCUE DEPARTMENT
($1,000,000) -- DIRECT ADMINISTRATION TO RESCHEDULE FOR NEXT
MEETING, PROVIDING CHARTS / GRAPHIC ILLUSTRATIONS
SHOWING: (1) LOCATION OF CURRENT / PROPOSED 10 NEW CITY
RESCUE UNITS; (2) FIRE STATIONS PROPOSING TO SELL VEHICLES
AND CONSEQUENT EFFECT ON RESPONSE TEAMS, AND (3) TYPE OF
EQUIPMENT NEEDED IN EACH FIRE STATION -- DIRECT
ADMINISTRATION TO EVALUATE / INCREASE CITY FEES FOR
EMERGENCY SERVICES TO ENSURE THEY ARE SAME AS PRIVATE
SECTOR.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Where are we, on 60?
Commissioner Dawkins: Sixty-one, we'll defer.
Mayor Clark: Sixty.
Vice Mayor Plummer: Sixty, aren't we?
A. Quinn Jones, III, Esq. (City Attorney): Sixty.
Commissioner Dawkins: Sixty, go ahead. You know, I... Defer 60. Defer 60. And, Mr.
Manager, and Mr. City Fire Chief, bring back at the next meeting for me charts, graphics that
show me where you have Rescue units now, and where you will employ the other ten Rescue
units. Show that to me graphically.
Vice Mayor Plummer: Now, let me ask you... I also want to know...
Commissioner Dawkins: All right, wait. OK, wait.
166 May 11, 1995
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Vice Mayor Plummer: When you bring it back...
Mayor Clark: Wait, wait. We went through something pretty fast.
Commissioner Dawkins: OK, wait now, OK.
Vice Mayor Plummer: I'm sorry. I thought you were finished.
Commissioner Dawkins: Wait, OK. Secondly, show me graphically that the vehicles that you
plan to sell...
Vice Mayor Plummer: He's not selling any of them.
Commissioner Dawkins: ... what station they'll be taken out of service in, graphically, and show
me what that will do to the response team, on a graph, at the next meeting. Go ahead, J.L., I'm
finished.
Vice Mayor Plummer: My question is, this is now a hundred thousand dollars ($100,000) per
vehicle.
Chief Carlos Gimenez: That's correct.
Vice Mayor Plummer: And they've been bid out?
Chief Gimenez: Well, we're actually getting a bid that's already out, and the actual price of the
vehicles is about ninety-seven thousand dollars ($97,000).
Vice Mayor Plummer: Does this include...
Chief Gimenez: And the current price of the vehicles is about a hundred and two ($102,000).
There's a current bid that we were able to get on through the Jackson bill.
Vice Mayor Plummer: Excuse me. Does this, in fact, fully equip that vehicle?
Chief Gimenez: We will have most of the equipment available. We have monies available from
the EMS (Emergency Medical Services) grants to fully outfit the vehicles.
Vice Mayor Plummer: OK. My final question is, in your reevaluation, I hope, of the cost of
transporting and providing EMS services, that you will reevaluate the fees that you are presently
charging, and increase them proportionately.
Chief Gimenez: We are... Right now, we are charging what the private sector, and also what
every other department in the County charges.
Vice Mayor Plummer: You're telling me that you're charging no less than the private sector.
Chief Gimenez: As far as I know, no, we're not charging any less than the private sector.
Vice Mayor Plummer: Would you verify that for me, please, at the next meeting.
Mr. Cesar Odio (City Manager): What we're doing here, and we have to have these Rescue
trucks in place by October 1st, is replacing fire trucks, not Rescue trucks. We are adding ten
more Rescue trucks, so that we don't have to send fire trucks to scene of accidents. This will
enhance our remedies for next year by a minimum of two and a half million dollars ($2,500,000)
167 May 11, 1995
4�-
more, and it could exceed as much as five million ($5,000,000). In other words, Commissioner
Dawkins, what we're going to do, if there is an accident on U.S. 1 and 27th Avenue, normally,
what happens, a fire truck goes. In the meantime, a police car comes. The fire truck then
identifies the victims, then they have to call Rescue, and then Rescue comes there, stabilizes the
victims, and then they have to call Randle to finally transport them to the... What we're doing is
putting the fire fighters into the Rescue trucks, instead of fire trucks, and then, instead of sending
a fire truck, we're going to send a Rescue to the scene. They immediately picked up the victims
and transported immediately, without having to call Randle or anybody else. So we're going to
take the monies that were being paid by Randle... to Randle, is going to be paid to the City of
Miami, which will be a minimum of two and a half million dollars ($2,500,000) more in fees to
us. That means that...
Vice Mayor Plummer: Wait, wait, whoa, whoa, whoa. Back up.
Commissioner Dawkins: Show me graphically.
Mr. Odio: Yes, sir, we will.
Commissioner Dawkins: I'm going to ask you again.
Mr. Odio: I can.
Commissioner Dawkins: And what I'm saying, I have no problem if you sell every fire truck,
but I have to know that between 12 on 54th Street, and what is there on 36th Street, nine?
Chief Gimenez: That's six.
Mr. Odio: Six.
Vice Mayor Plummer: No, six.
Chief Gimenez: Six.
Commissioner Dawkins: Six?
Mr. Odio: You... How many you going to have...
Commissioner Dawkins: See, I need to know what kind of equipment is going to be at six, what
kind of equipment is going to be at 12. 1 also...
Chief Gimenez: Sure. We have the...
Commissioner Dawkins: You all have to bring... I know what I want you to bring back to me,
now. You can't tell me what I want you to bring back. OK?
Chief Gimenez: All right.
Mr. Odio: Could I ask you a favor, Commissioner?
Commissioner Dawkins: No, wait a minute. And be able to show me graphically that the
equipment you've got at nine and six...
Mr. Odio: Yes, sir.
168 May 11, 1995
Commissioner Dawkins: ... that if there is a fire in Overtown - OK? - and you have three... and
we have a wreck on 54th Street, and another wreck someplace else...
Mr. Odio: Yes.
Commissioner Dawkins: ... and the firemen who you have are supposed to cover the fire
trucks...
Mr. Odio: Yes, sir.
Commissioner Dawkins: ... are not in the station, and they are out on these trucks...
Mr. Odio: Yes, sir.
Commissioner Dawkins: ... I mean these Rescue units. I want you to show me graphically how
we're going to do that.
Mr. Odio: Could I ask...
Chief Gimenez: Commissioner...
Vice Mayor Plummer: Computer backup.
Mr. Odio: Could I ask you a favor, Commissioner? That you approve this, so that we don't... I
won't place the order, and we meet with you tomorrow and give you all the information, and if
you don't like it, we'll hold back. But it's that we have a timetable to order this ambulance...
well...
Commissioner Dawkins: You always have a timetable, Mr. Manager.
Vice Mayor Plummer: Yeah.
Mr. Odio: No, sir. 1 have to have it in here...
Commissioner Dawkins: Every time I look, it's a timetable.
Mr. Odio: No. We have until October 1st.
Commissioner Dawkins: It's a timetable, it's a timetable.
Mayor Clark: OK, all right. Please, let's move forward.
Vice Mayor Plummer: I would like to ask a question.
Mayor Clark: Please, one.
Vice Mayor Plummer: I have not seen any backup on this. My question is, are we getting what
we can afford, or could we get a vehicle for less money that provides the same service? I notice
that the County is running a lot of Rescue units with Suburbans. Suburbans cost twenty-seven
thousand dollars ($27,000). They are fully capable...
Chief Gimenez: No, no, they're not.
Vice Mayor Plummer: What?
169
May 11, 1995
Chief Gimenez: Those aren't Rescue units. Those are the Chiefs.
Vice Mayor Plummer: They're transporting in them.
Chief Gimenez: No, I don't believe so, sir.
Vice Mayor Plummer: Well, you can transport in them.
Chief Gimenez: Into, I don't believe so, sir.
Vice Mayor Plummer: Excuse me. Randle Eastern is using vans, which you can buy for about
fourteen or fifteen thousand dollars ($14,000 or $15,000).
Mayor Clark: And that's all.
Vice Mayor Plummer: Now, all I'm saying is, a hundred thousand dollars ($100,000) is a lot of
money for a truck.
Mr. Odio: This is the one time that we're going to get our money back quickly.
Vice Mayor Plummer: I wish you could get it back from the County, because they won't pay
you.
A. Quinn Jones, III, Esq. (City Attorney): I don't agree with that, that scenario with the...
Vice Mayor Plummer: OK. The Manager... It's deferred.
Chief Gimenez: The trucks that we're... The trucks that we're proposing to purchase will have a
ten-year front line life, and a five-year spare life, which is a lot more than the trucks that we have
right now, and we're probably buying them for a little bit more than what we used... we're
buying the trucks that we have today, and a lot more capable. And it's going to give you a much
longer...
Mayor Clark: I'm going to bring this to closure right now. What's the motion, to defer this?
Vice Mayor Plummer: It's to defer.
Commissioner Dawkins: Yes.
Vice Mayor Plummer: I second it.
Mayor Clark: Till you get the information. All right. All in favor, signify by saying "aye."
Commissioner De Yurre: Aye.
Commissioner Dawkins: Aye.
Commissioner Gort: Aye.
Vice Mayor Plummer: Aye,
Mayor Clark: I say no.
170 May 11, 1995
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-392
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 60 (PROPOSED
RESOLUTION TO ACCEPT BID OF SOUTHERN AMBULANCE FOR PURCHASE
OF TEN NEW RESCUE VEHICLES UTILIZING EXISTING CITY OF
JACKSONVILLE, FLORIDA BID NO. SC-0540-93, AT A COST NOT TO EXCEED
$1,000,000) FOR FURTHER INFORMATION; FURTHER REQUESTING THE
ADMINISTRATION TO BRING THIS ITEM BACK AT THE NEXT MEETING
WITH CHARTS AND GRAPHIC ILLUSTRATIONS SHOWING:
(1) PRESENT LOCATION OF RESCUE UNITS IN THE CITY;
(2) PROPOSED LOCATION FOR TEN NEW RESCUE UNITS;
(3) IDENTIFY THOSE FIRE STATIONS PROPOSING TO SELL VEHICLES, AND
SHOW HOW THAT WOULD AFFECT THE RESPONSE TEAM, IF SAID
VEHICLES WERE TO BE TAKEN OUT OF SERVICE; AND
(4) WHAT TYPE OF EQUIPMENT IS NEEDED IN EACH FIRE STATION;
AND FURTHER DIRECTING THE ADMINISTRATION TO EVALUATE CITY
FEES FOR EMERGENCY SERVICES TO ENSURE THEY ARE THE SAME AS THE
PRIVATE SECTOR, AND INCREASE THEM ACCORDINGLY, IF NEEDED.
Upon being seconded by Commissioner 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.
NAYS: Mayor Stephen P. Clark
ABSENT: None.
----------------------------------------------------------------------------------------------------------
52. AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS
(RFP) -- TO PROVIDE SERVICES CONCERNING ALL PHASES OF RISK
MANAGEMENT FOR THE CITY -- ESTABLISH REVIEW COMMITTEE.
Mayor Clark: OK, go ahead. The next item is 60...
Vice Mayor Plummer: Sixty-one.
Commissioner Dawkins: Sixty-one.
Vice Mayor Plummer: I'll move it.
Mr. Jack Alfonso: Wait a moment. Hello?
Mayor Clark: What do you mean, "wait a minute"?
171 May 11, 1995
Mr. Alfonso: I wish to be recognized.
Mayor Clark: Well, you'll be recognized.
Vice Mayor Plummer: You'll still be recognized.
Mr. Alfonso: You're moving what?
Mayor Clark: Whoa, wait a minute. We recognize you. You don't have to take your glasses
off.
Vice Mayor Plummer: We recognize you, Jack.
Mayor Clark: Proposals from firms to provide services concerning all phases of Risk
Management for the City of Miami. That's what you're in on, Jack?
Mr. Alfonso: Yes, sir.
Vice Mayor Plummer: An RFP (Request for Proposals). Yeah.
Mayor Clark: Now, what is it, please? Give us your name and...
Mr. Alfonso: My name is Jack Alfonso, 3501 Southwest 8th Street. I am here to express my
very strong objection to make private the Risk Management. Transfer the management to a
private enterprise is very dangerous and cannot be justified. A river of money will be available
at the pleasure of a private corporation that will decide which investigation agency, which clinic
and which doctor will provide the services, where possible conflicts of interest will play a major
role. Saving, if any, only time will tell. And already, the proposal is offering a three-year
contract, extending for two more. If in any year time of this experiment is a catastrophe, the City
can do nothing about it. You already proposed in the RFP three years contract, and extend two
more. Why? No saving, is any to not justify firing and demoting so many faithful employees
that gave this City the best years of their life, and at this time, we will eliminate the check and
balance that now exists. That's what I want to say.
Mayor Clark: All right, sir. Thank you.
Vice Mayor Plummer: Well, I fully understand what he's saying. Here again, the... Well, what
he's saying is, is that you go to a private company, you might get a bad company. That's what
he's saying in the bottom line, that you lose a lot of control, even if it's a good company. Now,
can that be addressed in the RFP? The answer, in my estimation, is yes. Is the potential that we
can get it for less money than we're presently paying? The answer is yes. The big answer is that
if we're not comfortable with the requirements in the RFP, if we're not comfortable with the
price in the RFP, then this Commission just says no, and we stay with what we have. But at this
particular point, the Manager explained to me that he would like to see, as we're doing with the
Computer Department...
Mayor Clark: Let me tell you this, J.L.
Vice Mayor Plummer: Sure.
Mayor Clark: At the present time, we have how many claims? Four thousand claims, right now,
that date as far back as 1969. Now, that's efficiency?
Chief Rollason: Right. We're carrying the tale back to '69.
172 May 11, 1995
k r-
Mayor Clark: Yes. Is that efficiency?
Vice Mayor Plummer: You mean in-house?
Mayor Clark: In-house.
Vice Mayor Plummer: Sir, I would say, no, it's not efficiency, but you don't know that the
private sector could do it any better for any less amount of money. That's the point.
Mayor Clark: We're not guaranteeing they will do that, but they're guaranteeing they're going
to get the information.
Mr. Odio: What workmen's comp.?
Chief Rollason: Yeah, you know, workmen's comps. that are going on. They're not going to go
away till they die.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, those are workers' comp claims, though.
Chief Rollason: Right.
Mr. Jones: Those are workers' comp. claims.
Mayor Clark: Yes.
Chief Rollason: Right. We carry a tale back that far, and we'll carry that tale until those
employees pass on. I mean, we're going to make those payments. They're ours.
Vice Mayor Plummer: Well, I understand that, but that's not Risk Management. OK? You
can't... That can be a claim service. Correct?
Chief Rollason: Right.
Mr. Odio: We need to find out what the private sector has to offer.
Vice Mayor Plummer: All this is, is exploring to see if we can do better from the outside.
Mayor Clark: We may or may not know. That's the problem.
Vice Mayor Plummer: If we decide we can't, so be it.
Mr. Alfonso: Yeah, but the time here, you already... in the multimillion dollar contract, you
offer an initial period of three years. Why three years?
Vice Mayor Plummer: No, no, no, Jack. Excuse me. We can make anything we want.
Mayor Clark: We're requesting information.
Mr. Alfonso: But it's here.
Vice Mayor Plummer: We can make it... No, we can change that.
Mr. Alfonso: Well, you better change now.
173 May 11, 1995
Vice Mayor Plummer: We can make it one, one and one, which is what I would want to do.
Commissioner Dawkins: What, now?
{ Vice Mayor Plummer: The contract for the Risk Management in the RFP, make it for three one-
year periods.
Commissioner Dawkins: Three one-year periods. OK. Now, you got me.
Vice Mayor Plummer: OK.
Commissioner Dawkins: But not no five years and then another three years, and then another
one year.
Vice Mayor Plummer: No, no, no. If they're bad business, we throw them the hell out after the
year.
Mayor Clark: Boy, I tell you. This... Don't watch this show on programs, because I'll tell you,
it's going to be a zinger. This is an RFP you're requesting?
Mr. Odio: Yes, sir.
Mr. Jones: Three one-year periods...
Mayor Clark: Is there a motion on it?
Vice Mayor Plummer: I move it with a proviso of the amendment, that it has the proposal of
three one-year alternate provisions for the City alone to make the choice.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: Call the roll.
174 May 11, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-393
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN
SUBSTANTIALLY THE ATTACHED FORM, TO SOLICIT PROPOSALS FROM
FIRMS TO PROVIDE SERVICES CONCERNING ALL PHASES OF RISK
MANAGEMENT FOR THE CITY OF MIAMI; ESTABLISHING A REVIEW
COMMITTEE TO REVIEW SAID PROPOSALS AND MAKE
RECOMMENDATIONS TO THE CITY MANAGER; AND PROVIDING FOR
APPOINTMENT OF MEMBERS TO SAID COMMITTEE.
(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.
----------------------------------------------------------------------------------------------------------------
53. (Continued Discussion) RECONSIDER PRIOR MOTION TO REJECT ALL
PROPOSALS RECEIVED -- SELECT / APPOINT TWO UNDERWRITING
TEAMS FOR FORTHCOMING CITY OF MIAMI'S NEGOTIATED TAX-
EXEMPT AND TAXABLE NOTE AND BOND FINANCING -- REBID FOR
LOCAL VENDORS AND MINORITIES (See label 49)
Mayor Clark: Mr. De Yurre, you want to reconsider an item?
Commissioner De Yurre: Yes, Mr. Mayor, item 58.
Vice Mayor Plummer: Wait, wait, wait. Did we...
Commissioner De Yurre: It's my...
Vice Mayor Plummer: Did we accept 62?
Mayor Clark: Sir?
Vice Mayor Plummer: Has anybody made a motion on 62?
175 May 11, 1995
Mayor Clark: It was made. You made the motion.
Vice Mayor Plummer: On 62?
Commissioner Dawkins: No, no, 62, we... No, we... He reconsidered. We're not doing 62.
Vice Mayor Plummer: Oh, oh. What item?
Commissioner De Yurre: Fifty-eight, the underwriting situation. Mr. Mayor, I'll go along with
it, providing that we can get out an... I understand the necessity, the urgency to get these
underwriters on board, but also with the understanding that we're going to get another RFP out
to bring minorities in, without... I don't want any doubt or limitation on their capacity.
Mayor Clark: Wait a minute. You've got a motion to reconsider the action taken.
Commissioner De Yurre: Yes, sir.
Mayor Clark: Is there a second?
Ms. Sylvia Seaton: Sir, if I may add one thing, please.
Mayor Clark: Please, a moment, just a moment.
Vice Mayor Plummer: A motion to reconsider. I will vote for that, but I'm not sure I'm going to
vote for the next motion.
Mayor Clark: Well, that's OK.
Vice Mayor Plummer: But to reconsider, I will.
Commissioner Dawkins: Call the roll to reconsider, Madam Clerk.
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO. 95-394
A MOTION TO RECONSIDER MOTION 95-391 WHICH HAD REJECTED ALL
PROPOSALS RECEIVED IN CONNECTION WITH UNDERWRITING TEAMS FOR
THE FORTHCOMING CITY OF MIAMI'S NEGOTIATED TAX-EXEMPT AND
TAXABLE NOTE AND BOND FINANCING.
Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Mayor Clark: All right. Now.
176 May 11, 1995
k_
Commissioner De Yurre: Yes. Mr. Mayor, I'll go along, understanding the urgency of the
matter to get underwriters on board, but I would also move that we get another RFP out to bring
in minority firms to be made a part of this team.
Mr. Manohar Surana: Local firms.
Commissioner De Yurre: And without any doubt or limitation. I don't want a minority firm
that's 70 percent black that can't get in because they have... they do too much business, and
they're local. I don't want that requirement to be made a part of. So I would move that we go
ahead and accept it as is, provided that we can have another RFP going out to bring in a female,
a black and a Hispanic team, individually, three companies, to be added to this team.
Vice Mayor Plummer: No, no. No, no. If you're going to do it, you open it up - OK? - in all
fairness. Now, in all fairness, you got to go out, and I think you got to ask for the same thing
that you asked for in the initial. The only question I have in your... in reference to your first part
of your vote. If you're going to make it for a two-year period, I got a problem. OK?
Commissioner De Yurre: Well, it's the RFP. That's what's come back.
Vice Mayor Plummer: Is that true?
Mr. Surana: Yes.
Commissioner Dawkins: Well, that's why I can't vote for it.
Vice Mayor Plummer: I'm being told that if you... Nobody will take it for less than two.
Mayor Clark: You got to vote for it. Just vote for it, please.
Commissioner Dawkins: All right, you want to?
Mayor Clark: Yeah. Just get rid of it.
Vice Mayor Plummer: All right. Victor, I would say to you... Let me put it to you this way,
how I can accept it. OK? I can accept these firms for a two-year period. All right? But on the
next go around, for the new RFP, that this Commission will determine how many more firms we
want.
Commissioner Dawkins: You know, and while we're at it, let's also get a new CA... I mean an
advisor. Because, see, I get... You keep bringing me these kind of things, Mr.... What are you,
financial advisor?
Mr. Kishor Parekh: Yes, sir.
Commissioner Dawkins: Yeah. Let's get a new financial advisor, because I don't need to go
through this.
Vice Mayor Plummer: Second the motion.
Mayor Clark: No. We got a motion on the floor here now. You got to...
Vice Mayor Plummer: OK. Victor...
177 May 11, 1995
Rva
Commissioner De Yurre: We'll do it as a two-parter. Let's move to accept what is being
recommended. Then I'll make my motion.
Vice Mayor Plummer: Accept the two that have been recommended, and that a new RFP go out.
Mayor Clark: Wait. Let's do that separately.
Vice Mayor Plummer: No, no, no. Without the other one, I'm not going to vote for it, Mr.
Mayor.
{ Commissioner De Yurre: OK. A new RFP go out.
Vice Mayor Plummer: The second part is...
Commissioner Dawkins: Well, that's all right. There's three of us. Go ahead.
Vice Mayor Plummer: The second part, we readvertise, and that this Commission will determine
how many people that we want to select from those who are qualified.
Commissioner Dawkins: OK. You accept that?
Commissioner De Yurre: That's fine. That's fine.
Commissioner Dawkins: OK.
Mayor Clark: Is that your motion?
Commissioner De Yurre: That will be fine.
Commissioner Dawkins: OK.
Commissioner De Yurre: It opens it up again, so we can get the minorities on board.
Vice Mayor Plummer: That's right.
Mayor Clark: Call the roll, Madam Clerk.
I Vice Mayor Plummer: I mean, I don't know why they limited it to two now.
I
Mayor Clark: Wait. Hold it, hold it, hold it. Mike.
I
I Mr. Jones: Commissioner, let me... Can I just ask a question, please?
Commissioner Dawkins: Yes.
Mr. Jones: A point of clarification.
Commissioner Dawkins: Just a minute.
Mr. Jones: Commissioner De Yurre, when you said "any minority firms" or whatever, are you
saying that they don't have to be certified through the City's program?
Commissioner Dawkins: We're telling the City to go certify them.
178
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May 11, 1995
Mr. Jones: OK, because keep in mind, too, under the minority procurement ordinance, as Ms.
Whittaker stated to you, there's certain criteria that they necessarily...
Commissioner Dawkins: In two years, I will help them go to Miami -Dade, University of
Miami...
Mr. Jones: Commissioner, that's not what I... Commissioner...
Commissioner Dawkins: Wherever they need to go to get qualified and certified, I will see that
they get there.
Commissioner De Yurre: No, I... If... Let me just say for the record, if you're telling me that if
a minority firm, be it black, green, blue, purple...
Mr. Jones: No, Commissioner, what I'm say...
Commissioner De Yurre: No, hold it, hold it a second, hold it a second.... and because they're
making too much money, now, they're not minority anymore, I have a problem with that.
Mr. Jones: Well, you need to amend your ordinance, then.
Commissioner De Yurre: And that's why I'm saying that we... Whatever it takes, I don't want
any requirement that money... there be a money requirement attached to being a minority or not.
If you're...
Mr. Jones: Well, let me suggest this, then. Before you send out any RFP, then you need to
amend the ordinance. You can't send out an RFP and you got an existing...
Commissioner Dawkins: Well, whatever...
Mayor Clark: Wait.
Mr. Jones: If you send out an RFP...
Commissioner De Yurre: I understand that.
Mr. Jones: ... and the law that's in force and effect at the time, that's what's going to be
governed.
Commissioner De Yurre: I'm with you.
Commissioner Dawkins: I make a motion that whatever it takes to get what we want done, done,
that the City Attorney be instructed to prepare that vehicle that is necessary to do what we're
saying, and bring it to us, for us to pass. OK? You comfortable with that?
Mayor Clark: Mike, did you have something on your mind?
Commissioner De Yurre: I hope not.
Mr. Michael Abrams: I guess I was just... wanted to ask a question, Mr. Mayor, because I've
gone through the selection process twice, as have other firms, and I got recommended both
times, and this issue over minority firms doesn't affect the outcome, I don't think, as it relates to
the senior managers, but that was my question. Are you accepting the report with the exception
that there should be additional provision made for minority firms, and revisiting that issue?
179 May 11, 1995
Mayor Clark: I tell you, they've got it so muddied up here now, nobody's on first.
Ms. Seaton: I'd like to add something again. Sylvia Seaton with First Equity Corporation. I
think you've done a terrific job in addressing the minority issue, and the local issue has not been
addressed yet, so maybe you would like to consider that, locally headquartered.
Commissioner De Yurre: Well, now, your issue... Mr. Mayor, if I may. Your issue is, you told
me that you're a majority black firm, so...
Ms. Seaton: We...
Commissioner De Yurre: ... with being there's no requirement as to monetary, which we want to
change, then you'll be in the ball park.
Vice Mayor Plummer: You can't do it. We just asked that.
Ms. Seaton: We are black/Haitian.
Vice Mayor Plummer: He just tried to do it.
Mr. Jones: Can't do what?
Commissioner Dawkins: What difference if they're black? They can be black anything.
Haitian, African -American, black Jew, whatever.
Ms. Seaton: But we would not qualify under your minority status, because we're larger than
what your minimum requirement...
Commissioner De Yurre: Well, that's... We're doing away with that. The growth or the amount
or the volume of the business is immaterial. If you're a minority, we want you to be blessed
with as much money as you can make.
Commissioner Dawkins: That's right.
Mayor Clark: Call the roll on the other...
Mr. Darryl Sharpton: If I could, Commissioner. I think the real... One of the real problems, in
terms of the monetary cap, as it pertains to the underwriters...
Vice Mayor Plummer: Mr. Sharpton, you need to tell us your name and address on the record.
Mr. Sharpton: I'm sorry, I'm sorry. I'm Darryl Sharpton, 1 Southeast 3rd Avenue, Miami.
Mayor Clark: Mr. Sharpton, you're on the selection committee.
Mr. Sharpton: Yes, I am.
Vice Mayor Plummer: He'll be applying in the next round.
Mr. Sharpton: In terms of the two million dollar ($2,000,000) monetary limit that's mentioned
in the certification process, as it relates to investment bankers, it doesn't have the same, or
doesn't appear to have the same connotation in their arena as it does to a retail entity or a
manufacturing entity. A lot of this two million dollars ($2,000,000) that's showing up on the
180 May 11, 1995
balance sheets is not money invested by the owners of the business. It is actually other people's
money. OK? Whereas, if you're looking at an accounting firm, or a manufacturing or retail
operation, that two million dollar ($2,000,000) net worth number is more than likely... well, it is
likely to be the actual owners of the business' net worth. So it's a computation issue.
Commissioner Dawkins: Well, that's what he's saying. That's what he's saying.
Mayor Clark: All right. Let's vote on the motion here now.
Vice Mayor Plummer: What is the motion?
Mayor Clark: He made the motion. Ask him.
Commissioner De Yurre: The motion is to approve the team that's been recommended; also,
that we go out with another RFP adjusting any... and for the City Attorney's Office to come back
with an ordinance clearing it for us to be able to bring in minorities, regardless of their volume of
work, or the size of their firm, that are local firms that are minority, black, Hispanic, female, to
be added to this team.
.Vice Mayor Plummer: And that this Commission will determine the number of companies that
will be added.
Commissioner De Yurre: Correct.
Vice Mayor Plummer: OK.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-395
A RESOLUTION SELECTING AND APPOINTING UNDERWRITING TEAMS FOR
THE FORTHCOMING CITY OF MIAMI'S NEGOTIATED TAX-EXEMPT AND
TAXABLE NOTE AND BOND FINANCINGS FOR A TWO-YEAR PERIOD AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
AGREEMENTS FOR SAID UNDERWRITING SERVICES, IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY.
181 May 11, 1995
(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 Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Miller J. Dawkins
ABSENT: Commissioner Wifredo Gort
----------------------------------------------------------------------------------------------------------------
54. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC. (BFI) -- FOR
PROCESSING COMMINGLED RECYCLABLE MATERIALS FROM
RESIDENTIAL CURBSIDE RECYCLING PROGRAM AT BFI'S
MATERIALS RECOVERY FACILITY (2380 COLLEGE AVENUE, DAVIE).
Mayor Clark: What's the next item her, now?
Vice Mayor Plummer: Sixty-three. Move it.
Commissioner Dawkins: Sixty-two.
Vice Mayor Plummer: Sixty-two... Oh, no, 62. I move it.
Mayor Clark: Is there a second?
Commissioner Dawkins: I have no problem with it. I pulled it the last time because it was on
the consent agenda, and I felt that it should be...
Vice Mayor Plummer: Gives us money.
Commissioner Dawkins: Yeah, OK.
Mayor Clark: Cast a unanimous ballot.
182 May 11, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 96-396
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC. (BFI) FOR THE
PROCESSING OF COMMINGLED RECYCLABLE MATERIALS FROM THE
CITY'S RESIDENTIAL CURBSIDE RECYCLING PROGRAM AT BFI'S
MATERIALS RECOVERY FACILITY LOCATED AT 2380 COLLEGE AVE.,
DAVIE, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
---------------------------------------------------- -----------------------------------------------------------
55. CLAIM SETTLEMENT: BISHOP WALLACE ($85,000).
Mayor Clark: Sixty-three.
Vice Mayor Plummer: Move it. It's recommended by the City Attorney.
Mayor Clark: All right. If there's no exception, cast a unanimous ballot.
Vice Mayor Plummer: Can't win it in court.
183 May 11, 1.995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-397
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
BISHOP WALLACE THE SUM OF $85,000.00, WITHOUT ANY ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI IN THE CIRCUIT
COURT OF DADE COUNTY, FLORIDA, CASE NO. 93-24230 CA (05), OR IN THE
ALTERNATIVE, AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER
OF JUDGMENT IN A LIKE AMOUNT, WITHOUT ANY ADMISSION OF
LIABILITY; ALLOCATING FUNDS THEREFOR FOR SAID SETTLEMENT OR
SAID OFFER OF JUDGMENT, WHICHEVER IS APPLICABLE, FROM THE CITY
OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE
NO. 676001-652.
(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: Sixty-four.
Vice Mayor Plummer: It's been withdrawn.
NOTE FOR THE RECORD: At this point, agenda item 64 was
withdrawn.
184_ May 1-1, 1995
rr---------------r-------rr----------------r------r---r---r---------------rr------rr---------------------------
56. DISCUSSION CONCERNING PROBLEMS OF TOWING COMPANIES
(NOLAN AND MIDTOWN).
Mayor Clark: Sixty-five.
Commissioner Dawkins: Sixty...
Mayor Clark: Wait a minute.
Commissioner Dawkins: Sixty-four was withdrawn?
Vice Mayor Plummer: That's what I'm showing.
Mayor Clark: It was withdrawn?
Vice Mayor Plummer: Yeah. Yeah, it's showing up on the board it was withdrawn.
Commissioner Dawkins: OK. All right. Why... Why...
Vice Mayor Plummer: It was on the original paper.
Commissioner Dawkins: Beg pardon?
i
Vice Mayor Plummer: It was on the original paper we got when we walked in the door.
i
Mr. Cesar Odio (City Manager): No, we... I'm sorry. We withdraw this because the police
needed more time to add some things to it.
Commissioner Dawkins: OK. Thank you. That's all. Mm-hmm.
Ms. Lauraine Lichtman: We haven't... Go ahead.
Commissioner Gort: They want to speak on this.
Commissioner Dawkins: No.
Mayor Clark: No, it was withdrawn.
Commissioner Dawkins: It's withdrawn.
Ms. Lichtman: It's not on that?
Commissioner Dawkins: No, it's withdrawn.
Mr. Manny Velazquez: It's on a different issue, though, Mr. Mayor.
Commissioner Dawkins: Say what?
185 May 11, 1995
Mr. Velazquez: It's on a different issue.
Ms. Lichtman: It's on a different issue, the same thing, which we don't understand and we're
having a problem with the... We get the runaround, so we feel like we'd bring it before the
Commission.
Mayor Clark: Is it on the towing issue?
Ms. Lichtman: On the towing issue, yeah.
Mr. Velazquez: The towing issue.
Commissioner Dawkins: But it's not 64.
Ms. Lichtman: Not 64. 1 don't care about that.
Commissioner Dawkins: But it's related to towing.
Mr. Velazquez: It's related to towing, sir.
Mayor Clark: OK. Go ahead.
Mr. Velazquez: My name is Manuel Velazquez, and I represent Midtown Towing. They
suspended Nolan's for arrears of past monies due to the City, OK? I have a fax here that they
made an agreement to pay back the City so much money every month. In addition to that, they
knocked us back off from towing. They put us on as a backup towing company for the City,
OK? We respond to the City, we serve the City. What I don't understand is, how can Nolan's
make this agreement with the City, with all the money that they owe the City, and then continue
towing for the City? I don't understand this.
Vice Mayor Plummer: Mr. Mayor. Mr. Mayor.
Mr. Cesar Odio (City Manager): I can explain that.
Vice Mayor Plummer: Mr. Mayor, excuse me. Let me put on...
Mayor Clark: Let the Manager do this, will you?
Vice Mayor Plummer: Let me put it on... put something on the record, and the Manager then can
speak to it. I received a call from the aggrieved party, Mr. Nolan - Mr. McClusky (phonetic)
from Nolan's. All right? As many people know, his wife is very seriously and... very seriously
ill. He asked if this matter was going to be deferred, and I told him this morning that it was
going to be withdrawn. Now, these are also friends of mine, just as good a friends as others, but
for him not to be here and defend himself, I think, is wrong. Now, you can ask the question of
the Administration, but I just want the record to reflect that the reason he is not here is that he
called this morning, asked if it would be deferred. I told him that the Administration had
withdrawn the issue in reference to wreckers, and for that reason, he's not here.
Mayor Clark: Well, let's don't discuss it then.
Vice Mayor Plummer: Now, Mr. Manager, you can speak to the other issue, but I just wanted
that on the record.
Mr. Odio: I met with Nolan Towing Company. The agreement that they had signed with the
Finance Department was not acceptable to me, and I told him that if they would... The only
186 May 11, 1995
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4 F. 14
thing that I would accept is that they give me two months in advance - that's five thousand
dollars ($5,000) - of the payment schedule they had agreed to, and then make the first payment
June 1st, like he had agreed to. He owes us fifty-four thousand dollars ($54,000). The
agreement that he had signed was saying that he would only pay thirty ($30,000). He has to pay
the fifty-four thousand ($54,000). The only way that we can collect the money that he owes is
by letting him work, and we intend to collect our money. Now, he also understands that we're
going out on an RFP (Request for Proposals), and he may or may not get that area, and you may
not get the area that you have. It's going to be open for bids. So that's why we did this.
Mayor Clark: All right. Willy.
Commissioner Gort: Mr. Mayor, I'm sorry that this item was deferred, but what I'd like to do is
have... My understanding from my assistants here, in Allapattah, we get a lot of complaints from
this one compan, Nolan Sanitation. I think if this company is doing business with the City, they
should be complying with the regulations of the City, of the ordinance.
Mr. Odio: I just want to add... I'm sorry. I said fifty-four. He owed thirty thousand dollars
($30,000). We get five thousand ($5,000) right now, that drops him down to the twenty-five
($25,000), and in the next... And then he can make up the payments before we issue the next
RFP. If he fails one month, he's out.
Vice Mayor Plummer: You know, here is another classic example of why the City should get at
least ten percent of any financial contract up front prior to awarding the contract. I don't know
how many months that is. And Mr. McClusky is a friend, but let me tell you, business is
business. And let me tell you, if the City doesn't get at least 20 percent of a contract up front as
a deposit, shame on us.
Mayor Clark: OK. I think you've made your statement. Pete, did you want to say something?
Mr. Peter Weiner: Yea. I just... On behalf of Midtown Towing. We were at a meeting with the
task force, with the Police Department where they indicated to us that before they brought back
the issue of Nolan's Towing, they would have to call another meeting and inform us. We were
not informed, and I would like the Manager, perhaps, to set up a meeting where we can go
through some of the other issues relating to Nolan, as to their corporate structure, and some of
the other matters which were discussed at the meeting with the Police Department.
Mr. Odio: Well, I'm not going to get into that meeting. I have to get my money back, and the
only way we can get the money back is to keep them working. You have a month to month
contract just like they do, so why don't you concentrate on your contract and let us get our
money back, and then when the RFP is issued, we may not have to discuss this at all.
Vice Mayor Plummer: Well, may I ask a question, Mr. Manager?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Mr. Manager, like a lot of things around here, the contracts existing
expired in January.
Mr. Weiner: Right.
Vice Mayor Plummer: All right? Now, how much longer is it going to be before the new RFPs
go out, before we get into the hassle that we did before of not going to the Association and get
recommendations of what is advisable? I mean, how long is this thing going to drag out?
187 May 11, 1995
krm
Mayor Clark: Mr. Dawkins has the floor.
Commissioner Dawkins: Mr. Manager...
Vice Mayor Plummer.: Can I get an answer?
Commissioner Dawkins: Go ahead, J.L.
Vice Mayor Plummer: When are we going to...
Mr. Odio: I think that you're looking at four to five months before we award the areas.
Vice Mayor Plummer: Shame on us.
Commissioner Dawkins: Mr. Manager, I think this is about the third RFP that I have
participated in, in an effort to get a black towing company, or a minority firm into the system.
Each time, we have something wrong. Now, what are we putting into this RFP to ensure that
those individuals whom I've... And I... Let me rephrase that. This Commission - because I did
not do it - this Commission has been attempting to get these, a black firm towing, and another
one, small firm, and we have not gotten it done. So now what are we going to put into this RFP
to get this done? Last time, you •told me that we would have three minority firms as backups.
We agreed, agreed to that. The only time they became profitable - and that was Blanco,
Midtown, and I guess downtown - the only time they got work was when you suspended Nolan.
Vice Mayor Plummer: That's not true.
Commissioner Dawkins: OK. Well, tell me... Well, tell me...
Ms. Lichtman: That's true.
Mr. Weiner: That is true, sir.
Vice Mayor Plummer: That's not true. You were in a backup zone...
Ms. Lichtman: And they were going to...
Commissioner Dawkins: Wait a minute, wait a minute. Hold it.
Mayor Clark: No. Listen, I'm going to cancel this right now. I don't want any more comments,
OK?
Commissioner Dawkins: OK. Go right ahead. All right.
Mayor Clark: It's not on the agenda, so forget it.
Commissioner Dawkins: Go ahead, go ahead, all right. Call the agenda, move the agenda.
Vice Mayor Plummer: All right. Mr. Mayor, I'm not arguing to their point. I'm just going to
make one statement.
Commissioner Dawkins: The Mayor said move the agenda, Mr. Plummer. Move the agenda,
Mr. Mayor.
188 May 11, 1995
----------------------------------------------------------------------------------------------------------------
57. ACCEPT BID (TOTAL BID): HALMAC DEVELOPMENT, INC. -- FOR
PROJECT: LITTLE LEAGUE BASEBALL FIELD AT ORANGE BOWL
GROUNDS (SECOND BIDDING), B-6242 -- ALLOCATE FUNDS ($63,000 -
CONTRACT COST, PLUS $5,080 - ESTIMATED EXPENSES, TOTALING
$68,080) -- EXECUTE CONTRACT.
Mayor Clark: Item 65.
Commissioner Dawkins: Sixty-five it is.
Commissioner De Yurre: Mr. Mayor, that's the little league baseball stadium that we want to
build at the Orange Bowl for the kids in the neighborhood. I would so move this item.
Mayor Clark: All right.
Vice Mayor Plummer: How much?
Mr. Cesar Odio (City Manager): Sixty-five thousand ($65,000).
Commissioner De Yurre: Sixty-three thousand ($63,000).
Vice Mayor Plummer: Where is the money coming from?
Mr. Odio: The Orange Bowl operating budget.
Commissioner Dawkins: What's in that budget?
Mr. Odio: Sir?
Mayor Clark: Three hundred million.
Mr. Odio: What's left in the budget?
Mayor Clark: All right. Motion and a second. Call the roll, Madam Clerk.
Vice Mayor Plummer: Well, no, no, no. Excuse me. Mr. Mayor, I am entitled to know how
much and who's going to do the work. My things here are blank. Now, I'd like to know who.
Mr. Odio: Who's going to... Halmac?
Mr. Jim Kay: Halmac Construction - Development.
Vice Mayor Plummer: Who?
Mr. Odio: Halmac Development.
Vice Mayor Plummer: And was that bid?
Mr. Odio: Yes.
189 May 11, 1995
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Mr. Kay: Yes, sir, it was.
Vice Mayor Plummer: They were the low bid?
Mr.Odio: Yeah.
Mr. Kay: Yes, sir.
Vice Mayor Plummer: How many bids did we receive?
Mr. Kay: Four.
Vice Mayor Plummer: And the cost is sixty thousand ($60,000)?
Mr. Kay: Sixty-three thousand ($63,000).
Vice Mayor Plummer: Thank you.
Mayor Clark: All right. Now...
Mr. Odio: And by the way, this is an area that has no parks, so we... This is an excellent
addition to that area.
Mayor Clark: Call the roll.
Vice Mayor Plummer: Mr. Manager, for your information, I grew up in that park when there
was a baseball field there.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.95-398
A RESOLUTION ACCEPTING THE BID OF HALMAC DEVELOPMENT, INC., IN
THE PROPOSED AMOUNT OF $63,000, TOTAL BID OF THE PROPOSAL, FOR
THE PROJECT ENTITLED "LITTLE LEAGUE BASEBALL FIELD AT ORANGE
I BOWL GROUNDS (SECOND BIDDING), B-6242"; ALLOCATING FUNDS
j THEREFOR FROM THE ORANGE BOWL OPERATING BUDGET, NO, 350503-340
IN THE AMOUNT OF $63,000 TO COVER THE CONTRACT COST AND $5,080 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$68,080; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
190 May 11, 1995
(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:
j 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.
------------------------------------ --------------- -------------------------------------------------------------
58. ACCEPT BID (TOTAL BID): MET CONSTRUCTION, INC. -- FOR
PROJECT: ORANGE BOWL MODERNIZATION, PHASE III, F.I.F.A. FIELD
MODIFICATIONS, B-3251 -- ALLOCATE FUNDS ($320,000 - CONTRACT
COST, PLUS $40,800 - ESTIMATED EXPENSES, TOTALING $360,800) --
EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 66.
Commissioner Dawkins: Like J.L. said, how much and where?
Vice Mayor Plummer: Now, what is this for?
Mayor Clark: Orange Bowl Stadium for soccer.
Commissioner Dawkins: That's the same. That's... Sixty-five and 66 is the same work?
Mr. Jim Kay: No, no, no.
Mayor Clark: No. This costs three hundred thousand ($300,000).
Mr. Kay: They're two different contracts.
Commissioner Dawkins: Three hundred thousand ($300,000)?
Vice Mayor Plummer: Well, what is this for?
Mr. Cesar Odio (City Manager): Sixty-six...
Mr. Kay: This...
Mr. Odio: Go ahead.
Mr. Kay: This is to reduce the four interior corners of the Orange Bowl, taking out seats and
building retaining walls to make a wider field at the Orange Bowl.
191 May 11, 1995
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Commissioner Dawkins: Because of the...
Mr. Wally Lee: This is...
Commissioner De Yurre: Olympic soccer.
Commissioner Dawkins: Because the length...
{
{ Mr. Kay: This is for feet for soccer requirements, Commissioner.
Mr. Odio: When we made a commitment to have the Olympic soccer at the Orange Bowl, we
committed to having to cut off the corners of the stands.
Commissioner Dawkins: And this has nothing to do with our desire to recruit a Canadian
Football league, who needs a wider field and a longer field.
Mayor Clark: No, not at all.
Commissioner Dawkins: This has nothing to do with that.
Mayor Clark: No. That can all be accommodated.
Vice Mayor Plummer: And this cost is three hundred thousand dollars ($300,000)?
Mayor Clark: Yes, sir.
Mr. Lee: Three hundred and twenty thousand ($320,000), Commissioner.
Vice Mayor Plummer: And how many games are they going to play?
Mayor Clark: Ten or 12, I think.
Commissioner De Yurre: Eleven games.
Mr. Odio: I think it's about 12 games.
Commissioner De Yurre: Eight male and three female.
Vice Mayor Plummer: And we're not going to get any revenue out of this at all?
Mr. Odio: What do you mean? We have concessions when you have the Orange Bowl full of
people.
Vice Mayor Plummer: Whew!
Mr. Odio: And you're going to get your... Right now, they're sending nationwide and
worldwide advertisements about the Orange Bowl and Miami. We have done... spent monies
before in advertising that is more than this.
Mayor Clark: Listen. This money is coming out of the bed tax anyway.
Mr. Odio: This is coming out of the bed tax.
192 May 11, 1995
Vice Mayor Plummer: Out of what bed... Out of...
Mayor Clark: Relax. All right. Motion and a second?
Commissioner De Yurre: Yes.
Vice Mayor Plummer: Out of what bed tax, Mr. Mayor?
Mayor Clark: It comes out of the bed tax! You get 20...
Commissioner De Yurre: The one you sleep in.
Mayor Clark: Every year you got... you receive ten, twelve million dollars ($10,000,000 -
$12,000,000) from there.
Vice Mayor Plummer: Would you, Mr. Manager, would you send me where that money is
coming out of?
Mr. Odio: It's coming out of the surcharge.
Vice Mayor Plummer: Ah! Big difference. It's not the bed tax.
Mayor Clark: Well, wait a minute. How much money do you get for the construction and
maintenance...
Mr. Odio: A million -two ($1,200,000) a year.
Mayor Clark: A million -two ($1,200,000) a year. That's what I mean.
Vice Mayor Plummer: Is it coming out of the seat charge, or is it coming out of the bed tax?
Again, I...
Mr. Odio: This particular one comes out of the seat charge.
Vice Mayor Plummer: That's what I...
Commissioner Dawkins: And the other one comes from what, the baseball diamond?
Commissioner Gort: The bed tax.
Mr. Odio: Will come out of the regular operating budget of the Orange Bowl.
Vice Mayor Plummer: OK.
Mr. Odio: We committed to this two years ago.
Vice Mayor Plummer: Yeah. That's when we had money.
Mayor Clark: Give me a motion on this item.
Commissioner De Yurre: Move it.
Mayor Clark: Is there a second?
193 May 11, 1995
k__
Commissioner Gort: Second.
Vice Mayor Plummer: You got no choice.
Mayor Clark: Call the roll.
Vice Mayor Plummer: You made a commitment.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-399
A RESOLUTION ACCEPTING THE BID OF MET CONSTRUCTION, INC., IN THE
PROPOSED AMOUNT OF $320,000, TOTAL BID OF THE PROPOSAL, FOR THE
PROJECT ENTITLED "ORANGE BOWL MODERNIZATION, PHASE III, F.I.F.A.
FIELD MODIFICATIONS, B-3251"; ALLOCATING FUNDS THEREFOR FROM
THE ORANGE BOWL OPERATING BUDGET, NO. 350503-380 IN THE AMOUNT
OF $320,000 TO COVER THE CONTRACT COST AND $40,800 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $360,800;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Hey, as much as it hurts, we made a commitment. We've got to live up
to it.
Commissioner Gort: The reason I vote yes is because I've seen the effect that the soccer had in
Atlanta and other places where it was played, and it brought a lot of revenues, and if we can
bring the soccer international in here, it would be great for the City.
Vice Mayor Plummer: We've never been able. We tried and tried.
Commissioner De Yurre: Yes. And I think it's not going to be hurting us. I think it will be
great for the City of Miami.
Commissioner Dawkins: Yes. With laying off all the people and all, we've still got money to do
this with. I vote yes.
194 May 11, 1995
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Vice Mayor Plummer: Yep.
----------------------------------------------------------------------------------------------------------------
59. DISPENSE WITH PROCEDURES FOR PROCUREMENT OF
PROFESSIONAL SERVICES FOR DESIGN OF ALTERATIONS TO
EXISTING CITY OF MIAMI HEAVY EQUIPMENT FACILITY TO
ACCOMMODATE A MOTOR POOL MAINTENANCE SHOP -- RATIFY
CITY MANAGER'S FINDING THAT VALID PUBLIC EMERGENCY
EXISTS, JUSTIFYING WAIVER OF SAID PROCEDURES -- RECOGNIZE
POST, BUCKLEY, SCHUH, AND JERNIGAN, INC. AS MOST QUALIFIED
TO PROVIDE ARCHITECTURAL / ENGINEERING SERVICES --
AUTHORIZE CITY MANAGER TO NEGOTIATE / EXECUTE
PROFESSIONAL SERVICES AGREEMENT -- ALLOCATE FUNDS ($46,600)
FROM CIP 311018.
---------------------------------------------------------------------------------------------------------
Mayor Clark: Item 67.
Vice Mayor Plummer: Yep. Who is the firm chosen?
Mr. Jim Kay: This is Post, Buckley, Schuh and Jernigan.
Vice Mayor Plummer: And what is the cost?
Mr. Kay: Forty-six thousand six hundred ($46,600).
Vice Mayor Plummer: Move it.
Commissioner Dawkins: May I... I second it, under discussion.
Mayor Clark: All right.
Commissioner Dawkins: Why is this coming from the Capital Improvement Project when we
got eight million dollars ($8,000,000) from the sale of the property to Jackson Memorial
Hospital...
Vice Mayor Plummer: What property? It was six.
Mayor Clark: Six.
Commissioner Dawkins: ... and that money was supposed to be for, uote/unquote, redoing the
motor pool? Why isn't the forty-six thousand six hundred dollars (M,600) coming from the
eight million dollars ($8,000,000)?
Vice Mayor Plummer: Probably because we ain't got our money.
Mr. Kay: Part of that money was put into the CIP (Capital Improvements Project).
Commissioner Dawkins: Say what now?
Mr. Kay: Part of that money was put into the CIP.
195
May 11, 1995
W
Commissioner Dawkins: What part?
Mr. Kay: Of the sale.
Commissioner Dawkins: Say what?
Mr. Kay: Of the land sale.
Commissioner Dawkins: What... Yeah, what part of it was put into the PIP (sic)?
Mr. Odio: I'll have to... Out of the six million ($6,000,000)...
Vice Mayor Plummer: I don't know.
Mr. Odio: No. But when... I'm trying... This money was in the CIP from before the sale of the
land, precisely for studies of the movement of the motor pool. This was in the CIP,
Commissioner, before the land sale. The land sale was not used at all for this.
Mayor Clark: All right.
Commissioner Dawkins: So what... All right. Then what are we using the land sale money for,
if it's in the CIP?
Mr. Odio: They would not put it in the CIP.
Commissioner Dawkins: And where did... Oh, you didn't? OK.
Mr. Odio: We put it in the general fund.
Commissioner Dawkins: OK. Thank you.
Mayor Clark: One dollar.
Commissioner Dawkins: Go ahead.
Mayor Clark: Anything else? Give me a motion on the item.
Vice Mayor Plummer: I moved it.
Commissioner Gort: Second.
Commissioner De Yurre: Go ahead.
Mayor Clark: All in favor, signify by saying aye.
The City Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
196 May 11, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO, 95-400
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF
THE CITY COMMISSION DISPENSING WITH THE PROCEDURES FOR THE
PROCUREMENT OF PROFESSIONAL SERVICES FOR THE DESIGN OF
ALTERATIONS TO THE EXISTING CITY OF MIAMI HEAVY EQUIPMEN'i"
FACILITY TO ACCOMMODATE A MOTOR POOL MAINTENANCE SHOP
("PROJECT"); RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY EXISTS
JUSTIFYING THE WAIVER OF SAID PROCEDURES; RECOGNIZING THE FIRM
OF POST, BUCKLEY, SCHUH, AND JERNIGAN, INC. ("PBS&J") AS THE MOST
QUALIFIED TO PROVIDE ARCHITECTURAL AND ENGINEERING SERVICES
FOR SAID PROJECT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FIRM OF POST,
BUCKLEY, SCHUH AND JERNIGAN, INC. FOR SAID PROJECT IN AN AMOUNT
NOT TO EXCEED $46,600; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 311018, AS APPROPRIATED BY ORDINANCE
NO. 11205, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
197 May 11, 1995
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------------------------------------------------------------------------------------------------ ----------------
60. (Continued Discussion) APPOINT INDIVIDUALS TO SELECTION REVIEW
COMMITTEES TO EVALUATE PROPOSALS FOR: (1) MIAMI MARINE
STADIUM: JOSEPH CORRAL & ALEX ALFONSO* (*later withdrawn and
replaced by REV. JOHN F. WHITE); (2) MEGA YACHT MARINA:
MATTHEW CICERO & MARK SMITH, AND (3) VIRGINIA KEY
CAMPGROUND: ROLANDO DELGADO & REV. JOHN F. WHITE* (*later
replaced by BETTY SIME). (See label 46)
Commissioner De Yurre: Mr. Mayor...
Vice Mayor Plummer: Mr. Mayor, you want to have pockets?
Commissioner De Yurre: Mr. Mayor, if I may, before...
Commissioner Dawkins: OK. I want to make one thing clear. If J.L. Plummer's got any pocket
items over two, I call the rule.
Vice Mayor Plummer: Sir...
Commissioner Dawkins: Now, you pick any two you want. I'm going to let you...
Vice Mayor Plummer: Sir, that's fine. Let the Administration go to hell.
Commissioner Dawkins: That's right.
Vice Mayor Plummer: That's fine. Hey, that's yours right there, so they're not mine. Hey,
Charlie Brown.
Commissioner De Yurre: If I may interrupt this love in.
Mayor Clark: Yes, please.
Commissioner De Yurre: Before we get into pockets, I'd like to make my appointments on item
number 51 for the certified...
Mayor Clark: Go ahead. Who is it?
Commissioner De Yurre: Joseph Corral on 51, Matthew Cicero on 52, and Rolando Delgado on
53.
Mayor Clark: Second?
Commissioner De Yurre: Additionally, on 53, Mr. Mayor, I have a question, because these are
the RFPs (Requests for Proposals)...
Mayor Clark: Well wait a minute. Let me get a second on the motion on those things.
Commissioner De Yurre: OK.
198 May 11, 1995
Mayor Clark: Second?
Vice Mayor Plummer: Second.
Mayor Clark: Cast a unanimous ballot. Go ahead.
Commissioner De Yurre: Mr. Mayor, on 53, the RFPs are going out. Particularly, I see that on
51 and 53, they have selected the same CPA firm, Friedman, Dolson (phonetic) and Associates
to do the work on these two RFPs. And I would suggest that at least one of them go to a black
firm. We have here...
Vice Mayor Plummer: We threw them all out, Victor.
Mayor Clark: We threw those out all, Victor.
Commissioner Gort: Yeah, we threw them out.
Commissioner De Yurre: They've all been thrown out?
Vice Mayor Plummer: We threw them all out, yes. You weren't here.
Commissioner De Yurre: Oh.
Vice Mayor Plummer: We're going back for new CPAs on all three of the items.
Commissioner De Yurre: On all three?
Mayor Clark: All three of them.
Vice Mayor Plummer: Yes, sir.
Commissioner De Yurre: Oh, OK. That's fine, then. No problem.
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO. 95-401
A MOTION MAKING THE FOLLOWING APPOINTMENTS TO SELECTION
REVIEW COMMITTEES (SRC):
JOSEPH CORRAL TO THE SRC TO EVALUATE PROPOSALS FOR THE MIAMI
MARINE STADIUM ON VIRGINIA KEY (Mr. Corral was nominated by
Commissioner De Yurre);
MATTHEW CICERO TO THE SRC TO EVALUATE PROPOSALS FOR THE MEGA
YACHT MARINA ON WATSON ISLAND (Mr. Cicero was nominated by
Commissioner De Yurre); and
ROLANDO DELGADO TO THE SRC TO EVALUATE PROPOSALS FOR A
CAMPGROUND ON VIRGINIA KEY (Mr. Delgado was nominated by Commissioner
De Yurre).
199 May 11, 1995
k,
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.
Commissioner Gort: Mr. Mayor, I got my appointments here, also.
Mayor Clark: What is it?
Commissioner Gort: Item 51, Alex Alfonso, item 52, Mark Smith, and item 53, Reverend John
F. White.
Mayor Clark: Second. Cast a unanimous ballot, Madam Clerk.
Vice Mayor Plummer: Yes, sir.
Mayor Clark: All right.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 95-402
A MOTION MAKING THE FOLLOWING APPOINTMENTS TO SELECTION
REVIEW COMMITTEES (SRC):
ALEX ALFONSO TO THE SRC TO EVALUATE PROPOSALS FOR THE MIAMI
MARINE STADIUM ON VIRGINIA KEY (Mr. Alfonso was nominated by
Commissioner Gort);
MARK SMITH TO THE SRC TO EVALUATE PROPOSALS FOR THE MEGA
YACHT MARINA ON WATSON ISLAND (Mr. Smith was nominated by
Commissioner Gort); and
REV. JOHN F. WHITE TO THE SRC TO EVALUATE PROPOSALS FOR A
CAMPGROUND ON VIRGINIA KEY (Rev. White was nominated by Commissioner
Gort).
200 May 11, 1995
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"i
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.
--------------- ------------------------------------------ -------------------------------------------------------
61. (Continued Discussion) PROVIDE CITY OF MIAMI'S 1995 RETIREMENT
INCENTIVE PROGRAM FOR GENERAL EMPLOYEES TO CITY CLERK.
(See label 8)
Vice Mayor Plummer: Mr. Mayor, the issue that you asked be brought back after lunch...
Mayor Clark: Bring it to me.
Vice Mayor Plummer: ... in reference to the Clerk. I think that the Manager was able to talk
with you and to convince you, as far as the retirement for the Clerk. I'm ready to make a
motion.
Commissioner Gort: Second,
Vice Mayor Plummer: The motion is...
Commissioner Dawkins: But it was... I'm the one who put up the complaint. Why is it you
guys went and squared it away with the Mayor?
Mayor Clark: I didn't hear it.
Vice Mayor Plummer: Oh, I'm sorry. Well, excuse me. Mr. Manager, Mr. Dawkins is asking,
he made the complaints about... and the inquiry for the Clerk. Why did you go to talk to the
Mayor without talking to Mr. Dawkins?
Mr. Cesar Odio (City Manager): What? What are you talking about?
Mayor Clark: I didn't talk to him. I don't know...
Vice Mayor Plummer: If you figure that one out, you let me know.
Mr. Odio: Well, excuse me here because...
Vice Mayor Plummer: Aw.
Mr. Odio: Wow!
201 May 11, 1995
Mayor Clark: He didn't talk to me.
Mr. Odio: I did not go to see the Mayor in anything. Matty Hirai was talking to the Mayor,
period. And I just happened to walk by, and I... And I think I indicated that Matty may not
retire if she doesn't get an incentive program, which she was leave... She was supposed to leave
on the window or something like that.
Vice Mayor Plummer: Well, as my good friend, the Mayor says, you will express your opinion
by your vote. I make a motion at this time that the City Clerk be given the same incentive
retirement package as other employees. I so move.
Commissioner Dawkins: I second it and under discussion.
Mayor Clark: All right.
Mr. Odio: You have to clarify there.
Vice Mayor Plummer: Clarify.
Mr. Odio: There are three different incentive packages. The one that general employees receive
is AFSCME (American Federation of State, County and Municipal Employees).
Vice Mayor Plummer: Well, she's not a policeman, and she's not a fireman, and she's not a
garbage collector.
Mr. Odio: But you are making it... I would pin it down to one AFSCME contract.
Vice Mayor Plummer: The AFSCME.
Commissioner Dawkins: Well, how you going to give her one, then, if you don't give her one of
those three?
Vice Mayor Plummer: The AFSCME.
Mr. Odio: They are different, Commissioner.
Commissioner Dawkins: She's under AFSCME.
Vice Mayor Plummer: That's it, general employees.
Commissioner Dawkins: All right. Now, under discussion. She comes in under AFSCME.
Now, didn't we allow some people to buy into this in order to... and not go, but they bought into
it for some reason, into the buyout plan?
Vice Mayor Plummer: Fire. The firemen.
Mr. Odio: No.
Commissioner Dawkins: Oh, yes, yes, you did.
Mr. Odio: What do you mean by... I need to...
Commissioner Dawkins: OK. Some people got...
202 May 11, 1995
k,
Commissioner Gort: What he's talking about is people who could buy more time with the
money they had in reserve.
Mr. Odio: Solid Waste people. See, there are three different... Here. The Solid Waste people
were allowed to buy three years.
Commissioner Dawkins: OK. Buy three years.
Mr. Odio: No, I'm sorry. The Solid Waste people got three years for free.
Commissioner Dawkins: OK.
Mr. Odio: AFSCME people can buy at their own choice three years.
Commissioner Dawkins: OK. And they have to go if they buy these years or do... can they stack
these years up?
Mr. Odio: No. What happens is... Let me see if I can... If you have the rule of 64 and you want
to leave with 67 points, you buy three years with your own money.
Commissioner Dawkins: OK.
Mr. Odio: Now, it's up to her to decide whether she wants to add three more years to her
pension.
Commissioner Dawkins: Yeah, but some... I'm going to ask it again, because I don't seem to...
In one of the buyout plans...
Mr. Odio: Yes.
Commissioner Dawkins: ... I don't know which one, or maybe more than one...
Mr. Odio: Yes, sir.
Commissioner Dawkins: ... individuals were allowed to buy time now and bank it, for lack of a
better word, that would allow them to go out in a year or a year and a half.
Mr. Odio: Oh, OK. In Fire, we have the drop program.
Commissioner Dawkins: What now?
Mr. Odio: Drop. If you choose to... You would have to indicate your retirement now, sign your
retirement papers, your money is put into a trust account, and you remain as a City employee for
three years...
Vice Mayor Plummer: Without benefits.
Mr. Odio: ... without any benefits.
Commissioner Dawkins: Without any benefits.
Mr. Odio: Any benefits. So the City saves the pension contributions and all the other benefits.
203 May 11, 1995
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Commissioner Dawkins: And then you go when you get ready.
Mr. Odio: And you leave at the three - third year. Three years.
Commissioner Dawkins: You retire after the third year?
Mr. Odio: Yes, sir.
Commissioner Dawkins: All right. I move that that same benefit be offered to the City Clerk and
the City Attorney.
Vice Mayor Plummer: He can't. He doesn't qualify.
Commissioner Dawkins: Yes, he does qualify.
Vice Mayor Plummer: He'll tell you.
Commissioner Dawkins: Everybody qualifies.
Vice Mayor Plummer: He doesn't want it.
Commissioner Dawkins: No, wait a minute. I don't care. He doesn't have to take it. OK? See,
I don't have anything to do with that. OK?
Mayor Clark: Wait a minute, now.
Vice Mayor Plummer: Sure, I'll give it to him. Why not? Good-bye.
Mayor Clark: Now, just a moment. Just a moment. Mr. Plummer has the first motion. This is
under discussion - you're going to have the right to put a motion in yet, till we get rid of this -
that she goes under the AFSCME plan. Is that right?
Vice Mayor Plummer: That's fine.
Mayor Clark: There's a second to it.
Vice Mayor Plummer: That's fine.
Mayor Clark: Now, if there's no further discussion, we'll call the roll on that.
Vice Mayor Plummer: Just for Mr. Dawkins...
Commissioner Dawkins: How much is it going to cost? I mean, what is she getting?
Vice Mayor Plummer: You'll have to figure it.
Commissioner Dawkins: What kind of... Why does she have to tell me how much money she's
getting?
Mr. Odio: Because she got her own estimate from the Pension Board.
Commissioner Dawkins: Well, who figured it out, Mr. Manager?
Mr. Odio: The Pension Board.
204 May 11, 1995
Commissioner Dawkins: Well, then tell the... Who works for... Who does the Pension Plan
work for?
Mr. Odio: For all of us. They don't work for us, that's for sure. They are independent. They...
She went to the Pension Board and they gave her an estimate.
Commissioner Dawkins: You know, and I... You know, this is nothing personal with you, OK?
Mr. Odio: How much is it? I don't know.
Commissioner Dawkins: But you just can't pick certain people to do these things for around
here. OK now?
Mr. Odio: No, no, no. Wait, wait, wait. Every single...
Commissioner Dawkins: You have to do them for everybody or for nobody.
Mr. Odio: Excuse me, Commissioner. Every employee, including me, we get over there, and
we get an estimate based on your years of service.
Commissioner Dawkins: No, no, don't talk about you. We already took care of you.
Mr. Odio: OK. I know.
Commissioner Dawkins: Go to somebody else.
Mr. Odio: I'm talking about her. She knows how many years of service she has, what her pay
is, and they give them a multiplanner, and she knows - they gave it to her in writing - her
options. Because she has options, whether she wants to defer the payments or what...
Commissioner Dawkins: All I'm saying is that we are rewarding people to leave. The people
who are going to stay here, Mr. Manager, carry this load, do extra work because we're
shorthanded, they should get a reward. Now, I don't know how you can... But if you can reward
people for leaving, you should be able to reward people for staying. That's my opinion, that's
all.
Mr. Odio: Yes, sir.
Commissioner Dawkins: OK?
Mayor Clark: All right. Now this is... This is...
`Dice Mayor Plummer: So Mr. Dawkins is not misled, I want to make sure you understand.
There is one other provision, Commissioner, that he did not mention, and that is that the Police
Department did not elect to have a 45-day window. Their window is unlimited, just so you
know.
Commissioner Dawkins: Thank you. Now, see, so therefore, give... So now... Thank you, Mr.
Plummer. Give the City Attorney and the new City Clerk the same window you gave the Police
Department, where they can go out or not. OK?
Vice Mayor Plummer: They have no window.
205 May 11, 1995
Commissioner Dawkins: That's right, that's right. You hear me?
Vice Mayor Plummer: That was their negotiated part.
Mayor Clark: Let's handle that at the proper time. On this motion, there's a second. Any
further discussion?
Commissioner Dawkins: OK. Second, and put it on for discussion as an item to figure out how
the City Attorney, whom we pay, and the other City Clerk, whom we pay, whom we just gave a
window to the City Clerk, who we hired, how we can do the same thing with the same unlimited
window that the policemen have.
Mayor Clark: Call the roll.
Mr. Odio: The policemen... I have to clarify that. The policemen do not have an unlimited
window.
Vice Mayor Plummer: What is their window?
Mr. Odio: The window expires on Monday. Now, what they...
Vice Mayor Plummer: For the police?
Mr. Odio: The only thing we did is...
Mayor Clark: Please, I wish we would stop all this. Plummer, if you wouldn't put so much false
information out, we wouldn't be in this jackpot.
Vice Mayor Plummer: Then correct me if I'm wrong.
Mr. Odio: I'm correcting you.
Vice Mayor Plummer: I'm listening.
Mr. Odio: Go ahead, Sue.
Ms. Sue Weller: Commissioners, Mayor, under the Police contract, they have a window which
ends May 16th. What they have that is permanent is the Rule of 64. The benefits that they
receive by going out through the window...
Mayor Clark: You see, that's false.
Ms. Weller: ... will drop off, other than the Rule of 64, after May 16th.
Vice Mayor Plummer: But... OK, then I stand corrected to the point, but the overall was that the
benefits that they received did not have a time frame.
Ms. Weller: One of the benefits.
Vice Mayor Plummer: That's correct.
Ms. Weller: Rule of 64.
Vice Mayor Plummer: That's what I was trying to bring out.
206
May 11, 1995
Mayor Clark: Call the roll on this item.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-403
A RESOLUTION PROVIDING THE CITY OF MIAMI'S 1995 RETIREMENT
INCENTIVE PROGRAM FOR GENERAL EMPLOYEES TO THE CITY CLERK OF
THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I'm voting yes for Matty, and I still think that I'm going to find out
how you can do this for everybody else.
Commissioner De Yurre: It does not include the City Attorney? Because if not, I'll bring Jorge
Fernandez back right away. I vote yes.
Vice Mayor Plummer: Ha -ha-ha. The hell you say.
A. Quinn Jones, III, Esq. (City Attorney): Bring him back.
----------------------------------------------------------------------------------------------------------------
62. AUTHORIZE CITY MANAGER TO MAKE APPLICATION TO THE
FLORIDA INLAND NAVIGATION DISTRICT (WATERWAYS
ASSISTANCE PROGRAM) FOR $75,590 GRANT FUNDING FOR THE
BAYWOOD PARK SHORELINE ENHANCEMENT PROJECT -- EXECUTE
NECESSARY DOCUMENTS AND PROVIDE REQUIRED
CERTIFICATIONS.
Mayor Clark: Listen, I have one pocket here. A resolution authorizing the City Manager to
make application to the Florida Inland Navigation District under said agency's Waterways
Assistance Program for the grant, funding of the estimated amount of seventy-five thousand five
hundred and ninety dollars ($75,590) for the Baywood Park Shoreline Enhancement Project.
207 May 11, 1995
t__
Vice Mayor Plummer: Second.
Mayor Clark: All right. Is there...
Commissioner Gort: It's moved and seconded.
Mayor Clark: OK. All in favor of the motion, signify by saying aye.
The City Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 95-404
A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE
APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
UNDER SAID AGENCY'S WATERWAYS ASSISTANCE PROGRAM FOR GRANT
FUNDING IN THE ESTIMATED AMOUNT OF $75,590 FOR THE BAYWOOD
PARK SHORELINE ENHANCEMENT PROJECT; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND TO PROVIDE THE REQUIRED
CERTIFICATIONS SHOULD SAID GRANT BE AWARDED.
(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.
----------------------------------------------------------------------------------------------------------------
63. APPOINT DARRYL SHARPTON AS A MEMBER OF THE OCCUPATIONAL
LICENSE EQUITY STUDY COMMISSION.
Commissioner De Yurre: And I would appoint Darryl Sharpton to the Occupational License
Equity Study Commission. I so move.
Mayor Clark: Sharpton?
Commissioner De Yurre: Sharpton, Darryl.
208 May 11, 1995
Mayor Clark: He's off the other committee?
Vice Mayor Plummer: No. He can be on two, as long as you don't recommend...
Commissioner De Yurre: Yeah.
Mayor Clark: OK. Cast a unanimous ballot.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-405
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
OCCUPATIONAL LICENSE BOARD TO SERVE AN UNEXPIRED TERM OF
OFFICE AS HEREIN DESIGNATED.
(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.
----------------------------------------------------------------------------------------------------------------
64. BRIEF COMMENTS BY VICE MAYOR PLUMMER CONCERNING POLICY
OF NO CAR ACCIDENT REPORTS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I have one question, Mr. Manager.
Commissioner Gort: I'm first, Mr. Plummer.
Vice Mayor Plummer: Well, I never got finished with my two, but go ahead.
Commissioner Gort: OK, go ahead. I'll yield to you.
Vice Mayor Plummer: I am asking for an answer. Mr. Manager, it is now either into the fourth
or the fifth month that I'm asking why we have not adopted the policy of no accident reports.
I've been asking for a report... Now, give it to me in writing, please. OK? FHP (Florida
Highway Patrol) adopted the policy, and the people are... Yesterday, there were people waiting
three and four hours for fender -benders to get accident reports, tying up Dixie Highway. I'm
asking that that be taken...
209 May 11, 1995
kr-
Mr. Odio: I believe... I believe, and I have... my mind is kind of... that we have adopted or are
in the process of adopting that policy.
Mayor Clark: Anything else, J.L.?
Vice Mayor Plummer: I asked you before, and you did not respond.
-------------------------- ------------- ----------------------------------------------------------------------
65. ACCEPT BID• GAMMA ELECTRONIC -- FOR FURNISHING 62 HAND-
HELD RADIOS AND ACCESSORIES -- FOR FIRE -RESCUE DEPARTMENT
ON BEHALF OF SOUTH FLORIDA URBAN SEARCH AND RESCUE TASK
FORCE -- ALLOCATE FUNDS ($49,829) FROM CIP 313825.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Any other items, J.L.
Vice Mayor Plummer: I'm sorry.
Mayor Clark: Any more items?
Vice Mayor Plummer: I've got some for the Administration, if you want me to read them. Now,
they're not mine, but I'll read them if you want.
Commissioner Dawkins: All over two, I'm calling the roll.
Vice Mayor Plummer: Well, hey, you call what you want.
i
Commissioner Dawkins: The rule. OK.
Vice Mayor Plummer: I'm just asking... I'm doing what I was asked to do, and if you all don't
want it, you don't hurt my feelings.
Commissioner Dawkins: OK. Take out the two you want.
Vice Mayor Plummer: There's only two here.
Commissioner Dawkins: OK.
Vice Mayor Plummer: And this one is from the Fire Department, the first one.
Commissioner Dawkins: OK.
Vice Mayor Plummer: The first resolution, a resolution accepting the bid of Gamma Electronic
for the furnishing of 62 hand-held radios and accessories at a one-time cost of forty-nine
thousand eight hundred and twenty-nine dollars ($49,829) for the Department of Fire Rescue, on
behalf of the South Florida Urban Search and Rescue Task Force...
Commissioner Dawkins: So move.
Mayor Clark: Second. Cast a unanimous ballot.
210
May 11, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-406
A RESOLUTION ACCEPTING THE BID OF GAMMA ELECTRONIC FOR THE
FURNISHING OF SIXTY-TWO (62) HAND-HELD RADIOS AND ACCESSORIES
AT A ONE TIME COST OF $49,829 FOR THE DEPARTMENT OF FIRE -RESCUE
ON BEHALF OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE TASK
FORCE; ALLOCATING FUNDS THEREFOR FROM THE SOUTH FLORIDA
URBAN SEARCH AND RESCUE TASK FORCE ACQUISITION FUND, CIP NO.
313825, ACCOUNT CODE 802801-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Call the next one.
Vice Mayor Plummer: OK. That's number one. That was for the Fire Department. The next
one is from the Parks Department. A resolution authorizing the City Manager to make... Oh,
that's the one you just did.
Mr. Cesar Odio (City Manager): We just passed that one.
Vice Mayor Plummer: You just did that one. All right. Ha -ha-ha.
----------------------------------------------------------------------------------------------------------------
66. RESCHEDULE BOTH JUNE COMMISSION MEETINGS TO TAKE PLACE
ON JUNE 1, 1995.
Mayor Clark: Willy, what do you have?
Commissioner Gort: Mr. Mayor, I got a problem with June the 22nd. I've got to be out of the
state.
Commissioner Dawkins: What day do you want to move it to?
211 May 11, 1995
Commissioner Gort: I've got a convention in Texas. Where do you want to move it to?
Vice Mayor Plummer: Wait, wait a minute.
Mayor Clark: Let me make this statement. The Mayor's Conference runs from the 16th to the
20th. So maybe we should... We're winding up the Mayor's Conference at that time.
Mr. Cesar Odio (City Manager): Why don't we combine the meetings, have one on the 8th, if
we have time?
Mayor Clark: On the 8th of June?
Mr. Odio: Have both meetings that day.
Mayor Clark: Yeah, I would think so.
Commissioner Gort: Fine.
Commissioner Dawkins: OK.
Mayor Clark: Because at the end of the month, we're going to be very tied up.
Commissioner Dawkins: OK. Yeah.
Mayor Clark: Motion is to move both items to June the 8th, and the first meeting in June...
Vice Mayor Plummer: Well, can I ask a favor? Can we...
Mayor Clark: July meetings, two meetings, what date?
Mr. Odio: Thirteenth and the 27th.
Mayor Clark: Well, I'll check that by the next meeting, anyway.
Vice Mayor Plummer: Mr. Mayor, can I ask for consideration that the two meetings in June be
on the 1st?
Mr. Odio: There's only going to be one meeting on June 8th.
Vice Mayor Plummer: I'm saying, on June the 1st rather than the 8th, can I ask... You can't do
that?
Mayor Clark: Why not?
Commissioner Gort: Yeah. Go ahead. It's my anniversary, but that's all right.
Mayor Clark: Sure, we can.
Commissioner Gort: You talk to my wife.
Mayor Clark: You going to want the 1st, it's all right with me.
Commissioner Dawkins: No, we can't do that to Willy. We can have it the 2nd.
212 May 11, 1995
Vice Mayor Plummer: You can do it on the 1st?
Commissioner Gort: Yeah, that's all right.
Vice Mayor Plummer: He said it's all right.
Commissioner Dawkins: No, no, I wouldn't do that for Willy, no.
Commissioner Gort: He'll pay for dinner, no problem.
Vice Mayor Plummer: I'm paying for dinner.
Mayor Clark: What is favorable for you, Willy?
Commissioner Gort: June 1st is fine.
Mr. Odio: The 2nd is a Friday.
Vice Mayor Plummer: I move that the meetings of June, that the dates be moved to one meeting
in the morning of June the 1st and the second meeting in the afternoon of June the 1st. I so
move.
Mayor Clark: Second the motion. Cast a unanimous ballot. Don't load the agenda up at that
I time.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-407
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF JUNE, TO TAKE PLACE ON JUNE 1, 1995, COMMENCING AT 9:00
A.M.; FURTHER RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING OF JUNE TO TAKE PLACE ON JUNE 1, 1995, COMMENCING AT 4:30
P.M.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
213 May 11, 1995
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-- -------------------------------------------------------------------------------------------------------------
67. BRIEF COMMENTS CONCERNING SCHEDULING OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) DISBURSEMENTS ON MAY
25TH AGENDA AT 9:00 A.M.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Let me ask this question. When are we going to handle the
disbursements of the money for...
Mr. Cesar Odio (City Manager): May 25th at nine a.m.
Vice Mayor Plummer: At nine a.m.
Mr. Odio: Yes. And we have about ten regular items we need to take care of.
Mayor Clark: No, listen, wait a minute. Let's take care of the money first and get the items
afterward.
Vice Mayor Plummer: That's right.
Mr. Odio: CDBG (Community Development Block Grant) first, and then the other.
Commissioner Dawkins: Are we adjourned?
Mayor Clark: Yeah. We're adjourned at 4:29.
Vice Mayor Plummer: So be it.
Mayor Clark: Get that money out first, and then we'll get back to the items.
214
May 11, 1995
Vice Mayor Plummer: And then run like hell. Ha -ha-ha.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 4:30 P.M.
Stephen P. Clark
MAYOR
ATTEST:
MATTY HIRAI
CITY CLERK
WALTER J. FOEMAN
ASSISTANT CITY CLERK
215 May 11, 1995