HomeMy WebLinkAboutCC 1995-06-01 Minutes�+eft =. � .:�.►, _ � : 1
40M
M I N U T E S
OF
XMING
HELD
ON
.DUNE ist,
1995
REGULAR &
PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERIC
INDEX
MINUTES OF REGULAR AND PLANNING & ZONING MEETING
June 1, 1995
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
EXPRESS SYMPATHY AND CONDOLENCES
DISCUSSION
2
TO FAMILY AND FRIENDS OF OFFICER
6/1/95
CARLOS SANTIAGO.
2.
EXPRESS SYMPATHY AND CONDOLENCES
DISCUSSION
2
TO FAMILY AND FRIENDS OF OFFICER
6/1/95
CARLOS SANTIAGO.
3.
CITY CLERK, WALTER J. FOEMAN,
DISCUSSION
2-4
SWORN IN.
6/1/95
4.
(A) APPROVE / CONFIRM CITY
R 95-438
3-4
CLERK'S SELECTION / APPOINTMENT
6/1/95
OF MARIA J. ARGUDIN TO SERVE AS
ASSISTANT CITY CLERK -- FIX
SALARY AND BENEFITS.
(B) BRIEF COMMENTS BY
COMMISSIONER DAWKINS CONCERNING
BUDGET FOR CITY CLERK' OFFICE AND
CITY ATTORNEY.
5.
CONSENT AGENDA.
DISCUSSION
4-7
6/1/95
5.1.
AUTHORIZE FUNDING OF TOP
R 95-439
7
PERFORMANCE'S "WINNERS
6/1/95
RETREAT" -- ALLOCATE FUNDS
($10,000) FROM LAW ENFORCEMENT
TRUST FUND (LETF).
5.2.
AUTHORIZE FUNDING TO COVER
R 95-440
8
NECESSARY COSTS / EXPENSES / FEES
6/1/95
INCURRED IN ACCREDITATION OF
MIAMI POLICE DEPARTMENT BY THE
COMMISSION ON ACCREDITATION FOR
LAW ENFORCEMENT AGENCIES, INC. --
ALLOCATE FUNDS ($24,220) FROM LAW
ENFORCEMENT TRUST FUND (LETF).
5.3.
AUTHORIZE INCREASE IN ALLOCATIONS
R 95-441
8
TO THE OFFICER FRIENDLY
6/1/95
PROGRAM -- ALLOCATE FUNDS
($32,000) FROM LAW ENFORCEMENT
TRUST FUND (LETF).
5.4.
ACCEPT BID: HELI-TECH, INC. --
R 95-442
9
FOR FURNISHING OVERHAULED AND/OR
6/1/95
REPLACEMENT COMPONENT PARTS FOR
TWO OH-6 HELICOPTERS, FOR POLICE
DEPARTMENT -- ALLOCATE FUNDS
($50,390.95).
5.5.
ACCEPT BID: GREEN GUARD, INC. --
R 95-443
9
FOR FURNISHING SAFESKIN LATEX
6/1/95
GLOVES, FOR POLICE DEPARTMENT --
ALLOCATE FUNDS ($11,890.20) --
EXTEND CONTRACT FOR ONE YEAR,
SUBJECT TO AVAILABILITY OF FUNDS.
5.6.
ACCEPT BID: RESCUE EQUIPMENT,
R 95-444
10
INC. -- FOR FURNISHING RESCUE
6/1/95
HELMETS, FOR FIRE -RESCUE
DEPARTMENT -- ALLOCATE FUNDS
($7,680) FROM CIP 313825.
5.7.
ACCEPT BID: ZUMRO, INC. -- FOR
R 95-445
10
FURNISHING TECHNICAL SEARCH
6/1/95
EQUIPMENT, FOR FIRE -RESCUE
DEPARTMENT -- ALLOCATE FUNDS
($12,350) FROM CIP 313825.
5.8.
ACCEPT BID: WESTERN SHELTER
R 95-446
10-11
SYSTEMS -- FOR FURNISHING SHELTER
6/1/95
SYSTEMS, FOR FIRE -RESCUE
DEPARTMENT -- ALLOCATE FUNDS
($25,516) FROM CIP 313825.
i
5.9.
ACCEPT BID: ALANIS, INC. -- FOR
R 95-447
11
FURNISHING RESCUE EQUIPMENT /
6/1/95
SUPPLIES, FOR FIRE -RESCUE
DEPARTMENT -- ALLOCATE FUNDS
($18,520) FROM CIP 313825.
5.10.
RATIFY CITY ATTORNEY'S ENGAGEMENT
R 95-448
11
OF HOLLAND AND KNIGHT -- TO
6/1/95
PROVIDE LEGAL SERVICES CONCERNING
RESTRUCTURING OF SOUTHEAST
OVERTOWN / PARK WEST COMMUNITY
REDEVELOPMENT AGENCY -- ALLOCATE
FUNDS ($8,689.81) FROM SOUTHEAST
OVERTOWN / PARK WEST TRUST FUND.
F
5.11.
APPROVE ENGAGEMENT OF HOLLAND
R 95-449
12
KNIGHT TO SERVE AS COUNSEL BEFORE
6/1/95
U.S. DISTRICT COURT FOR PRE-TRIAL
LITIGATION SERVICES IN CONNECTION
WITH CITY OF NORTH MIAMI VS. A&E
CONSTRUCTION COMPANY, ET AL.
(CASE NO. 95-0545-CIV-MARCUS) --
INTERIM FEE $25,000.
5.12.
CLAIM SETTLEMENT: ROBERT OR
R 95-450
12
SUSAN PROENZA, AS PARENTS OF RYAN
6/l/95
A. PROENZA (A MINOR) ($75,000).
5.13.
CLASSIFY ONE SURPLUS GARBAGE
R 95-451
13
PACKING TRUCK AS CATEGORY "A"
6/1/95
STOCK, WHEN AVAILABLE -- DONATE
SAME TO CITY OF WEST MIAMI FOR
ITS MUNICIPAL SANITATION
EFFORTS -- EXECUTE RELEASE
DOCUMENTS.
6.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
13
CONSIDERATION OF PAYMENT OF
6/1/95
ATTORNEY'S FEES TO GREGORY
DENARO, ESQ., WHO SUCCESSFULLY
REPRESENTED OFFICER JORGE LEON.
(See label 18)
7.
DISCUSS AND DEFER PROPOSED
DISCUSSION
14-15
RESOLUTION TO APPOINT / CONFIRM
6/l/95
INDIVIDUALS TO SERVE ON
AFFIRMATIVE ACTION ADVISORY
BOARD.
8.
APPOINT INDIVIDUALS TO SERVE ON
R 95-452
16-20
COMMISSION ON THE STATUS OF
6/1/95
WOMEN. (Appointed were: Lisa
Gold & Nancy Minett.)
9.
APPOINT LUCIA LANGERMAN TO
R 95-453
20-21
PRIVATE INDUSTRY COUNCIL (PIC) OF
6/1/95
SOUTH FLORIDA.
10.
OFFICIALLY ACCEPT CERTIFIED
R 95-454 21-23
REPORT CONTAINING RESULTS OF
6/1/95
ELECTION (MARCH 20, 1995) OF
BOARD MEMBERS OF OVERTOWN
ADVISORY BOARD. (Elected were:
Donald F. Benjamin, Cleomie
Bloomfield, Debra Cooper, Dorothy
Jenkins Fields, Wilhelmenia F.
Jennings, Balam Welcome, Theodore
Lyons, Irby McKnight, Lillian
Slater, Annie M. Smith & Thirlee
Smith.)
11.
CREATE NEW COMMITTEE: MIAMI
M 95-455 23-31
CENTENNIAL COMMITTEE -- APPOINT
6/1/95
VICE MAYOR J.L. PLUMMER
CHAIRPERSON.
12.
ESTABLISH THE UNITY COUNCIL OF
R 95-456 32-35
MIAMI (TUCOM), COMPRISED OF
6/1/95
REPRESENTATIVES FROM 18 NON-
PROFIT CIVIL ORGANIZATIONS
SELECTED BY CITY COMMISSION --
PROVIDE ONGOING FORUM TO ALLOW
THEM TO PRESENT THEIR POSITIONS
CONCERNING CURRENT ISSUES --
AUTHORIZE MANAGER TO ACCEPT
DONATIONS TO FUND TUCOM AND
PROVIDE OFFICE SPACE /
EQUIPMENT -- APPOINT DARRYL
REAVES EXECUTIVE DIRECTOR.
13.
GRANT REQUEST BY LATIN AMERICAN
M 95-457 36-47
GOURMET RESTAURANT, INC. FOR
6/l/95
EXTENSION OF FOOD CONCESSION
MANAGEMENT AGREEMENT FOR PAUL S.
WALKER PARK, CONCERNING TIME LOST
IN CONNECTION WITH NECESSARY
RENOVATIONS, DUE TO HURRICANE
ANDREW AS WELL AS THE WATER AND
SEWER AUTHORITY AGREEMENT /
MORATORIUM -- ALLOW COMPANY 30
DAYS TO PROVIDE DOCUMENTATION TO
CITY ATTORNEY'S OFFICE TO PROVE
AMOUNT OF TIME LOST -- INSTRUCT
MANAGER TO EXTEND EXPIRATION DATE
OF AGREEMENT FOR SAME AMOUNT OF
TIME LOST (SUBJECT TO CITY
ATTORNEY'S APPROVAL), TO BEGIN AT
TIME OF ISSUANCE OF BUILDING
PERMIT -- GRANT COMPANY THE
OPTION YEARS IN AGREEMENT --
STIPULATE THAT EXTENSION IS NOT
TO EXCEED 10 YEARS; ETC.
14.
DISCUSSION CONCERNING MR. MICHAEL
DISCUSSION 48-49
R. GOLDSTEIN'S REQUEST TO MAKE A
6/1/95
PRESENTATION REGARDING CITY AND
STATE ACQUISITION OF THE BARNACLE
ADDITION (COMMODORE BAY) --
COMMISSION QUESTIONS WHETHER IT
WOULD BE LEGAL TO DENY MR.
GOLDSTEIN FURTHER REQUESTS TO BE
PLACED ON AGENDA AS HE HAS NOT
ATTENDED ANY MEETING AT WHICH HIS
REQUESTED APPEARANCE HAS BEEN
SCHEDULED.
15.
(A) GRANT REQUEST FROM SWEETWATER
R 95-458 49-51
POLICE DEPARTMENT FOR DONATION OF
6/l/95
12 SURPLUS POLICE DEPARTMENT
VEHICLES, WHEN AVAILABLE.
(B) ADMINISTRATION TO PROVIDE
GOLF CART TO THREE TOWERS SENIOR
CENTER TO BE USED BY SECURITY
GUARD.
16.
DISCUSS AND DEFER (FOR RFP)
DISCUSSION 51-62
REQUEST FROM CRAZY CLAM CRUISES
6/1/95
TO DISCUSS THEIR REQUEST FOR
MOORING / DOCKAGE AGREEMENT WITH
BAYSIDE MARINA.
17.
AUTHORIZE MANAGER TO PREPARE /
R 95-459 63-66
ISSUE REQUEST FOR QUALIFICATIONS
6/1/95
(RFQ) SOLICITING RESPONSES FROM
PRIVATE AIR CARRIERS INTERESTED
IN OPERATING / MANAGING /
SERVICING, AS SINGLE FIXED BASE
OPERATOR, THE MUNICIPAL AIRPORT
FACILITY ON CITY -OWNED LAND AT
WATSON ISLAND -- PROVIDE FOR
SELECTION COMMITTEE.
18.
(Continued) DIRECT CITY ATTORNEY
M 95-460 66-69
TO NEGOTIATE WITH REPRESENTATIVE
6/1/95
FOR GREGORY DENARO, ESQ. FOR
ATTORNEY FEES CHARGED FOR
REPRESENTATION OF OFFICER JORGE
LEON -- REQUEST CITY ATTORNEY TO
COME BACK WITH RECOMMENDATION.
(See label 6)
W
19. (A) EMERGENCY ORDINANCE: AMEND
ORDINANCE
11205 (CAPITAL IMPROVEMENTS
11271
APPROPRIATIONS ORDINANCE), AS IT
6/1/95
PERTAINS TO SPECIFIED PROJECTS IN
PARKS & RECREATION PROGRAM AREA
BY REVISING PREVIOUSLY APPROVED
APPROPRIATIONS TO SCHEDULED
CIP -- ESTABLISH NEW CAPITAL
IMPROVEMENT PROJECT. [KW:
Department Environmental
Protection grant application
Special Waterway Legion
Morningside dock Virrick pool
CDBG 18th year Grand Avenue
Pepper fountain Bayfront Fire -
Rescue trucks]
(B) VICE MAYOR PLUMMER REMINDS
CHIEF GIMENEZ THAT HE WAS
REQUESTED TO CONTACT
REPRESENTATIVES OF RESCUE VEHICLE
INDUSTRY TO ASCERTAIN WHETHER
CITY HAD OBTAINED BEST DEAL ON
PURCHASE OF 10 NEW RESCUE
VEHICLES FROM SOUTHERN AMBULANCE,
AND REPORT BACK TO COMMISSION.
20. EMERGENCY ORDINANCE: AMEND CODE
ORDINANCE
CHAPTER 18 (FINANCE), SECTION 18-
11272
68 -- REDEFINE TERM: MINORITY AND
6/1/95
WOMEN -OWNED BUSINESS ENTERPRISE.
69-72
72-74
21. (A) FIRST READING ORDINANCE --
ESTABLISH 7 NEW SPECIAL REVENUE
FUNDS: (1) JTPA TITLE
IIA/NEIGHBORHOODS JOBS PROGRAM
(PY'95)1 (2) JTPA TITLE
IIC/NEIGHBORHOODS JOBS PROGRAM
(PY'95), (3) DHRS/RCA (ER'96),
(4) JTPA TITLE III DISLOCATED
WORKERS PROGRAM (PY'95), (5) JTPA
TITLE IIB SUMMER YOUTH EMPLOYMENT
AND TRAINING PROGRAM (PY'96), (6)
OFFICE OF INTERGOVERNMENTAL
LIAISON (PY'95), AND (7) J.O.B.S.
PROGRAM (PY'95) -- APPROPRIATE
FUNDS, RESPECTIVELY, FROM U.S.
DEPARTMENT OF LABOR GRANT AWARDS:
(1) $800,000, (2) $800,000, (3)
$100,000, (4) 1,200,000, (5)
$500,000, (6) $50,000, AND (7)
$150,000 -- AUTHORIZE MANAGER TO
ACCEPT GRANT AWARDS AND ENTER
INTO NECESSARY AGREEMENTS WITH
SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM -- MODIFY FOR
SECOND READING.
(B) VICE MAYOR PLUMMER DIRECTS
ADMINISTRATION TO EVALUATE CITY'S
INVOLVEMENT IN ABOVE PROGRAM AND
REPORT BACK TO THE COMMISSION
REGARDING STUDY PREPARED BY THE
PRIVATE INDUSTRY COUNCIL (PIC).
22. FIRST READING ORDINANCE:
ESTABLISH SPECIAL REVENUE FUND:
TRAINING / ENTREPRENEURIAL
FUND -- APPROPRIATE FUNDS
($100,000) FROM REVENUE PRODUCED
BY TRAINING / ENTREPRENEURIAL
ACTIVITY -- AUTHORIZE POLICE
DEPARTMENT: (a) TO ACCEPT MONIES
FROM POLICE TRAINING ACTIVITIES
TO BE DEPOSITED IN SAID SPECIAL
FUND,. AND (b) TO EXPEND SAID
MONIES FOR PRODUCTION /
DEVELOPMENT OF LAW ENFORCEMENT
TRAINING SEMINARS / COURSES /
RELATED EQUIPMENT.
ORDINANCE
FIRST
READING
6/1/95
ORDINANCE
FIRST
READING
6/1/95
75-76
76-81
J
23.
FIRST READING ORDINANCE: AMEND
ORDINANCE 82
CODE CHAPTER 31 (OCCUPATIONAL
FIRST
LICENSES AND ADMINISTRATIVE
READING
FEES) -- DELETE ARTICLE II.
6/l/95
SCHEDULE OF OCCUPATIONAL LICENSE
TAXES, AND SUBSTITUTE NEW ARTICLE
II INSTITUTING NEW OCCUPATIONAL
LICENSE CLASSIFICATION AND RATE
SCHEDULE FOR PERSONS / ENTITIES
DOING BUSINESS IN CITY OF
MIAMI -- INCREASE OCCUPATIONAL
LICENSE TRANSFER FEES -- REQUIRE
OCCUPATIONAL LICENSE TO DO
BUSINESS WITH THE CITY / ITS
AGENCIES.
24.
AUTHORIZE MANAGER TO EXECUTE
R 95-461 83-84
AGREEMENT WITH ALCALDE & FAY --
6/l/95
FOR PROFESSIONAL LEGISLATIVE
CONSULTANT SERVICES CONCERNING
FEDERAL LEGISLATION WHICH IMPACTS
ON CITY OF MIAMI -- ALLOCATE
FUNDS ($49,950), PLUS $15,000 FOR
REIMBURSABLE EXPENSES, FROM
LEGISLATIVE LIAISON GENERAL FUND.
25.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 84-85
OF PROPOSED RESOLUTION TO
6/1/95
AUTHORIZE MANAGER TO EXECUTE
AGREEMENT WITH MONTE CARLO
CASINO CRUISES FOR DOCK SPACE AT
CITY -OWNED MIAMARINA.
26.
AUTHORIZE MANAGER TO EXECUTE
R 95-462 85-86
CONFIRMATION OF SUBORDINATION
6/l/95
AGREEMENT WITH CODEC, INC. AND
BARNETT BANK OF SOUTH FLORIDA,
N.A. CONCERNING FINANCING OF 150-
UNIT MELROSE TOWNHOME PROJECT IN
ALLAPATTAH NEIGHBORHOOD.
27.
CONFIRM / APPOINT MEMBERS TO
R 95-463 86-89
REVIEW COMMITTEE TO EVALUATE
6/l/95
PROPOSALS RECEIVED CONCERNING
REQUEST FOR PROPOSALS (RFP) FOR
UNIFIED DEVELOPMENT OF A MEGA
YACHT MARINA AND RELATED
FACILITIES ON WATSON ISLAND.
(Appointed were: Manny Fernandez,
Captain Bob Lewis, Matthew
Cicero, Mark Smith, & Tucker
Gibbs. Staff members: Carlos
Gimenez, Allan Poms, Laura Lutes
& Courtney Allen.)
W
28. (A) CONFIRM / APPOINT MEMBERS TO
R 95-464 89-94
REVIEW COMMITTEE TO EVALUATE
R 95-465
PROPOSALS RECEIVED CONCERNING
6/1/95
REQUEST FOR PROPOSALS (RFP) FOR
UNIFIED DEVELOPMENT OF A MIAMI
MARINE STADIUM AND RELATED
FACILITIES ON VIRGINIA KEY.
(Appointed were: Tad Templeton,
Teresa Benach, Joseph Corral,
Rev. John White & Michael Dudik.
Staff members: Phil Luney, Terry
Buice, Charlene Adelman & Maria
Perez.)
(B) CONFIRM / APPOINT MEMBERS TO
REVIEW COMMITTEE TO EVALUATE
PROPOSALS RECEIVED CONCERNING
REQUEST FOR PROPOSALS (RFP) FOR
UNIFIED DEVELOPMENT OF A
CAMPGROUND AND RELATED FACILITIES
ON VIRGINIA KEY. (Appointed
were: John Kiskinis, Gene
Hancock, Rolando Delgado, Betty
Sime, Linda Eads [or designee],
Don Chinquina, Danielle Bazin &
Amy Fleisher. Staff members:
Sergio Rodriguez, Herbert Bailey,
Eduardo Rodriguez, Courtney Allen
[replacing Frank May], Terrence
Griffin, Ana Gelabert & Terry
Buice.)
29. AMEND BY-LAWS OF MIAMI COMMISSION
R 95-466 94-95
ON THE STATUS OF WOMEN TO PROVIDE
6/l/95
FOR ESTABLISHMENT OF A STANDING
COMMITTEE (NOMINATING
COMMITTEE) -- SET FORTH
FUNCTIONS, METHOD OF APPOINTMENT
OF MEMBERS AND QUALIFICATIONS FOR
MEMBERSHIP -- INCREASE MEMBERSHIP
OF EXECUTIVE COMMITTEE BY ADDING
A MEMBER TO BE KNOWN AS THIRD
VICE CHAIRPERSON AND SET FORTH
DUTIES.
30. ACCEPT BID: LEADEX CORP. -- FOR
R 95-467 95-97
FURNISHING / INSTALLATION OF
6/1/95
BLEACHERS AT ARMBRISTER PARK, FOR
PARKS & RECREATION DEPARTMENT --
ALLOCATE FUNDS ($22,550) FROM
CIP.
31.
ACCEPT PROPOSAL: GOVERNMENT
R 95-468 97-98
CENTER HEALTH SERVICES, INC. --
6/l/95
FOR FURNISHING GENERAL PHYSICAL
EXAMINATIONS, FOR PERSONNEL
MANAGEMENT DEPARTMENT -- ALLOCATE
FUNDS ($32,705) PER YEAR --
EXECUTE CONTRACT, WITH
CONDITIONS.
32.
ACCEPT PROPOSAL: MERCY
R 95-469 98-100
OUTPATIENT CENTER -- FOR
6/l/95
FURNISHING ANNUAL / EMPLOYMENT
PHYSICAL EXAMINATIONS / HEPATITIS
B IMMUNIZATIONS, FOR POLICE, FIRE
AND OTHER DESIGNATED PERSONNEL --
ALLOCATE FUNDS ($329,509) PER
YEAR -- EXECUTE CONTRACT, WITH
CONDITIONS.
33.
ACCEPT BID: G. FAMILY
R 95-470 101-103
ENTERPRISES, INC. -- FOR
6/1/95
ARMBRISTER PARK BUILDING
RENOVATIONS B-6235 -- ALLOCATE
FUNDS FROM CIP 331342 ($81,375
TOTAL BID, PLUS $16,030 FOR
ESTIMATED EXPENSES, TOTALING
$97,405) -- EXECUTE CONTRACT.
34.
CONTINUE ALL ITEMS ON PLANNING &
M 95-471 103-105
ZONING AGENDA TO JULY 27, 1995.
6/1/95
(Note: Date of meeting changed
later in meeting to July 13th
[95-475].)
35.
AUTHORIZE FUNDING OF ARISE
R 95-472 105-106
FOUNDATION'S "ENVIRO-COPS"
6/l/95
PROGRAM -- ALLOCATE $12,500 FROM
LAW ENFORCEMENT TRUST FUND
(LETF).
36.
DISCUSSION CONCERNING CONDITION
DISCUSSION 107
OF BICYCLE PATH FROM CITY LIMITS
6/l/95
OF DOUGLAS ROAD TO TAURUS
RESTAURANT, MAIN STREET -- CITY
MANAGER STATES THAT IT IS
COUNTY'S RESPONSIBILITY.
37. DIRECT ADMINISTRATION TO MAKE M 95-473
RECOMMENDATION ON PERMITTED 6/1/95
SIGNAGE OF BUILDINGS OVER 20 FEET
IN HEIGHT IN SD-9 BISCAYNE
BOULEVARD NORTH OVERLAY DISTRICT
IN ORDER TO CONSIDER INCREASING
SIZE OF PERMITTED SIGNS OF MAJOR
STRUCTURES ALONG BISCAYNE
BOULEVARD AS PART OF ONGOING
EFFORT TO STIMULATE REDEVELOPMENT
AND ATTRACT RELOCATION OF
BUSINESSES TO THE AREA.
38.
RESCHEDULE BOTH REGULAR AND
M 95-474
PLANNING & ZONING CITY COMMISSION
M 95-475
MEETINGS IN JULY TO TAKE PLACE ON
6/1/95
JULY 13TH.
39.
AMEND RESOLUTION 95-263 --
R 95-476
INCLUDE WAIVER OF SOLID WASTE
6/1/95
CLEANUP / REMOVAL FEES
($28,000) -- FOR EIGHTH ANNUAL
AMERICA'S BIRTHDAY BASH (JULY 4,
1995) AT BICENTENNIAL AND MILDRED
& CLAUDE PEPPER BAYFRONT PARKS.
40.
GRANT REQUEST FOR LOAN ($39,000)
M 95-477
BY REPRESENTATIVES OF GOOMBAY
6/1/95
FESTIVAL COMMITTEE -- MONIES TO
BE FORWARDED TO MERRETT
STIERHEIM, DESIGNATED CHAIRMAN OF
GOOMBAY EVENT BY TOURIST
DEVELOPMENT COUNCIL.
41.
(A) AUTHORIZE CITY MANAGER TO
R 95-478
TAKE ALL STEPS NECESSARY TO
6/1/95
REPAIR PERMANENT CANOPY AT
ENTRANCE OF CITY HALL AND TO
ACCEPT BIDS -- INSTRUCT MANAGER
TO CLEAN UP FRONT OF CITY HALL IN
PREPARATION FOR UPCOMING U.S.
CONFERENCE OF MAYORS EVENT (JUNE
16-20, 1995)
(B) COMMISSIONER DAWKINS POINTS
OUT THAT THE CITY STILL NEEDS TO
BE REIMBURSED FOR EXPENSES
INCURRED IN CONNECTION WITH THE
SUMMIT OF THE AMERICAS.
108-109
109-113
113-115
116-117
117-119
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 1st day of June, 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 9.03 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 Wifredo Gort
Commissioner Miller J. Dawkins
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
ABSENT:
Commissioner Victor De Yurre
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
Administration had withdrawn the following agenda items: 11, 12,
16, 32 & 33.
-June -1, 1995
-- -------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
----------------------------------------------------------------------------------------------------------------
(A) Certificates of Appreciation: Vickie Frazier and Lissette Campos -- for
their contributions as Masters of Ceremony at the "Summer Youth
Initiative."
------------------------------------- --------------------------------------------------------------------------
2. EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS
OF OFFICER CARLOS SANTIAGO.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Ladies and gentlemen, for your edification, Police Officer Carlos Santiago passed
away in an accident while on duty Tuesday, May the 30th. Officer Santiago served with
distinction with the Police Department from March 1982 until his tragic death. Viewing for
Officer Santiago will start at three p.m. Thursday, today, at the Caballero Funeral Home, 1661
Southwest 37th Avenue. Funeral services will be at ten -thirty Friday, June the 2nd, at Saint
Michael's Catholic church, 2987 West Flagler Street. Internment will follow at Woodlawn Park
Cemetery, 3280 Southwest 8th Street, for your edification. So if you would like to be there, I'm
sure the family would appreciate it.
--------------------------- ------------------------------------------------------------------------------------
3. CITY CLERK, WALTER J. FOEMAN, SWORN IN.
----------------------------------------------------------------------------------------------------------------
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, just a preliminary item. I'm sorry to
interrupt, but I think you need to, at some point, swear in, since you have a new Clerk now.
Mayor Clark: Yes. Go right ahead.
Vice Mayor Plummer: I'd rather swear at him. Who swears him in? The Mayor does it. You
do it.
Mayor Clark: What do you need?
Vice Mayor Plummer: Swear the Clerk in.
Mayor Clark: Would you please raise your right hand.
NOTE FOR THE RECORD: At this point, the Mayor swore in the
new City Clerk, Mr. alter . Foeman.
(APPLAUSE)
- 2 .June •1, 1995
N
NOTE FOR THE RECORD: Commissioner De Yurre enters the
Commission am er at 9:09 a.m.
----------------------------------------------------------------------------------------------------------------
4. (A) APPROVE / CONFIRM CITY CLERK'S SELECTION /
APPOINTMENT OF MARIA J. ARGUDIN TO SERVE AS
ASSISTANT CITY CLERK -- FIX SALARY AND BENEFITS.
(B) BRIEF COMMENTS BY COMMISSIONER DAWKINS
CONCERNING BUDGET FOR CITY CLERK' OFFICE AND CITY
ATTORNEY.
Commissioner Gort: Mr. Mayor, may I ask a question? I was going to bring it up as a pocket
item. Mr. Foeman was going to bring up the appointment of the Deputy Clerk on the 8th, but
since we moved the meeting...
Mayor Clark: I don't think that has to be... He asked me about that. I think the Clerk has the
ability to appoint his own assistant.
Commissioner Dawkins: I don't think so.
Commissioner Gort: OK. Could we ask him?
Mayor Clark: Walter?
Mr. Walter Foeman (City Clerk): Mr. Mayor, I'd just like to offer the name of Josephine
Argudin as my selection for the position of Assistant City Clerk. She currently serves in the
Department of Personnel Management, and she brings with her 20 years of administrative
experience, and I think she would be a welcome addition to the Office of the City Clerk. I would
recommend that she receive the same benefits as the Assistant City Clerk.
Mayor Clark: Mr. Manager, you got that?
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Gort: I'll move it.
Vice Mayor Plummer: Is it within the budget?
Mr. Foeman: Have to defer to the Manager.
Commissioner Dawkins: OK. I'll wait. I'll wait.
Mayor Clark: Motion and a second. Any exception? Hearing none, Cast a unanimous ballot.
Commissioner Dawkins: Under discussion. Mr. Manager, when it's budget time, please let me
know the amount of money that's going to be given to the Clerk's Office, and the amount of
money that's going to be given to the Law Office, so that I will know that... See, I get tired of
every time we look up, the Manager's got no money. So if I know from day one, they got 3X
dollars and they spend 3X dollars, they're just out.
3 June 1, 1995
J
Mr. Odio: All right.
Mayor Clark: He'll do that.
Commissioner Dawkins: Thank you.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-438
A RESOLUTION APPROVING AND CONFIRMING THE CITY CLERK'S
SELECTION AND APPOINTMENT OF MARIA J. ARGUDIN TO SERVE AS
ASSISTANT CITY CLERK, AND FIXING SALARY AND BENEFITS FOR SAID
APPOINTEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
5. CONSENT AGENDA.
Mayor Clark: Now, we have the consent agenda, one through - is it 13? What are the
withdrawals?
Mr. Cesar Odio (City Manager): Sir?
Mayor Clark: Are there withdrawals on the consent agenda?
Mr. Odio: No, sir.
Mayor Clark: Any discussion on the consent agenda? Any persons from the public wanting to
discuss items on the consent agenda? Mr. Dawkins?
Commissioner Dawkins: I've got something here. That's OK. I'll wait till the next time.
Thank you, Mr. Mayor.
Mayor Clark: All right. Motion to move the consent agenda.
4 June 1, 1995
Commissioner Gort: Move it.
Vice Mayor Plummer: Mr. Mayor.
Mayor Clark: Yes.
Vice Mayor Plummer: I have a concern, just to reiterate my concern on items A-7, 8 and 9.
Mayor Clark: All right.
Vice Mayor Plummer: That equipment which is being bought for disaster, that at no time our
people will be sent out of this City until such time as a determination has been made that their
safety and longevity will be protected by the persons who call them.
Mayor Clark: Absolutely.
Vice Mayor Plummer: So that two-thirds would have to be guaranteed by whatever agency calls
them to take them out of our City, that they would have to assume any and all financial
obligations.
Mayor Clark: Mr. Clerk, that's noted in this motion.
Vice Mayor Plummer: I'm concerned, Mr. City Attorney, in item CA-12. We have seen too
many cases in which young juveniles are, in fact, awarded, and the money is going to - and I'm
sorry to say this on the record - to their parents, and that the money is being spent foolishly by
the parents. They're not being protected for the child. Can we do this in some kind of way...
Commissioner Gort: Trust.
Vice Mayor Plummer: ... a trust fund or whatever, that somebody has to be accountable for this
money for that young child?
A. Quinn Jones, III, Esq. (City Attorney): I can look into the possibility of doing that,
Commissioner. There may be some... I know there have been some instances where minors
were involved, the...
Vice Mayor Plummer: The child was left out wholly.
Mr. Jones: Yeah. I'll see what we can do, and I'll report back to you.
Vice Mayor Plummer: All right. Then I hold this item up until then.
Mr. Jones: I would ask that you not, but since this has gone to mediation, court -ordered
mediation, and...
Vice Mayor Plummer: Mr. Mayor, do you understand my concern?
Mayor Clark: I understand completely.
Vice Mayor Plummer: OK. I would defer this for one time and ask you to go back and try to do
what you can on it. But in the future, where there are minors involved...
Mr. Odio: These are not minors.
5 June 1, 1995
Vice Mayor Plummer: Yes, it is. It is a minor. OK? The parents of. And I'm not pleased... In
this particular case, I'm not casting any aspersions on these people. I don't know anything about
them. But I know that we have had cases in the past where awards were given in cases of minor
children, where the people took the money, and the minor child was absolutely penniless.
Mr. Odio: In this case, though, this is part of the Morris Proenza estate. Morris died two days
ago, or Sunday, I mean.
Vice Mayor Plummer: Oh, this is the one that just passed away?
Mr. Odio: That's part of the family. So I would suggest that...
Mayor Clark: Is that the father? The father just passed away?
Vice Mayor Plummer: Yes.
Mr. Odio: It's their angle.
Vice Mayor Plummer: Well, Mr. Manager, you still understand what I'm trying to accomplish.
Mr. Odio: I know exactly, but...
Vice Mayor Plummer: Yeah, OK. I'm trying to protect the minor child.
Mr. Odio: I would ask, though, in this case, since they just had a recent death in the family,
that... It's going to fall into the settlement of the estate, anyway.
Vice Mayor Plummer: Sir, that will be fine. Go ahead and pass this one, but, Mr. City Attorney,
in the future, I would be more comfortable in protecting minor children, that it be put into a trust
fund, a guardianship or whatever, so that we don't see some embarrassing cases that we've seen
before.
Mayor Clark: Excellent idea. On the consent agenda, is there a motion then, with those...
Vice Mayor Plummer: I have no further problems with consent.
Mayor Clark: No discussion? Is there a motion?
Commissioner Gort: Move it.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Second.
Mayor Clark: All right. Call the roll, Mr. Clerk.
6 June 1, 1995
W
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT A D TERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER GORT AND SECONDED BY VICE
MAYOR PLUMMER, THE CONSENT AGENDA ITEMS
WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
5.1. AUTHORIZE FUNDING OF TOP PERFORMANCE'S "WINNERS RETREAT" --
ALLOCATE FUNDS ($10,000) FROM LAW ENFORCEMENT TRUST FUND
(LETF).
RESOLUTION NO.95-439
A RESOLUTION AUTHORIZING THE FUNDING OF TOP
PERFORMANCE'S "WINNERS RETREAT" AND ALLOCATING
FUNDS THEREFOR, IN THE AMOUNT OF $10,000, FROM THE
CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTE,
CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
7 June 1, 1995
W
5.2. AUTHORIZE FUNDING TO COVER NECESSARY COSTS / EXPENSES / FEES
INCURRED IN ACCREDITATION OF MIAMI POLICE DEPARTMENT BY THE
COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES,
INC. -- ALLOCATE FUNDS ($24,220) FROM LAW ENFORCEMENT- TRUST FUND
(LETF).
RESOLUTION NO. 95-440
A RESOLUTION AUTHORIZING FUNDING TO COVER THE
NECESSARY COSTS, EXPENSES, AND FEES INCURRED IN THE
ACCREDITATION OF THE MIAMI POLICE DEPARTMENT BY THE
COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT
AGENCIES, INC. AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $24,220, FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURES HAVING
BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING
WITH FLORIDA STATE STATUTE, CHAPTER 932.7055, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.3. AUTHORIZE INCREASE IN ALLOCATIONS TO THE OFFICER FRIENDLY
PROGRAM -- ALLOCATE FUNDS ($32,000) FROM LAW ENFORCEMENT TRUST
FUND (LETF).
RESOLUTION NO. 95-441
A RESOLUTION AUTHORIZING AN INCREASE IN ALLOCATIONS
TO THE OFFICER FRIENDLY PROGRAM IN AN AMOUNT NOT TO
EXCEED $32,000 AND ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURES
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS
COMPLYING WITH FLORIDA STATE STATUTE, CHAPTER
932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8 June 1, 1995
5.4. ACCEPT BID: HELI-TECH, INC. -- FOR FURNISHING OVERHAULED AND/OR
REPLACEMENT COMPONENT PARTS FOR TWO OH-6 HELICOPTERS, FOR
POLICE DEPARTMENT -- ALLOCATE FUNDS ($50,390.95).
RESOLUTION NO. 95-442
A RESOLUTION ACCEPTING THE BID OF HELI-TECH, INC. FOR
THE FURNISHING OF OVERHAULED AND/OR REPLACEMENT
COMPONENT PARTS FOR THE TWO (2) OH-6 HELICOPTERS AT A
TOTAL PROPOSED AMOUNT OF $50,390.95; ALLOCATING
FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S
GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 290201-
670; 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.)
5.5. ACCEPT BID: GREEN GUARD, INC. -- FOR FURNISHING SAFESKIN LATEX
GLOVES, FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($11,890.20) --
EXTEND CONTRACT FOR ONE YEAR, SUBJECT TO AVAILABILITY OF
FUNDS.
RESOLUTION NO. 95-443
A RESOLUTION ACCEPTING THE BID OF GREEN GUARD, INC.
FOR THE FURNISHING OF SAFESKIN LATEX GLOVES FOR
DEPARTMENT OF POLICE ON A CONTRACT BASIS FOR ONE (1)
YEAR WITH THE OPTION TO EXTEND FOR AN ADDITIONAL
ONE (1) YEAR PERIOD AT A TOTAL PROPOSED ANNUAL COST
OF $11,890.20; ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT'S GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 290201-719; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, AND
THEREAFTER TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD. AT THE SAME PRICE,
TERMS, AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
9 June 1, 1995
J
5.6. ACCEPT BID: RESCUE EQUIPMENT, INC. -- FOR FURNISHING RESCUE
HELMETS, FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE FUNDS ($7,680)
FROM CIP 313825.
RESOLUTION NO. 95-444
A RESOLUTION ACCEPTING THE BID OF RESCUE EQUIPMENT,
INC. FOR THE FURNISHING OF RESCUE HELMETS, FOR THE
DEPARTMENT OF FIRE -RESCUE AT A TOTAL PROPOSED
AMOUNT OF $7,680.00; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO.
802801-840, PROJECT NO. 313825; 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.)
5.7. ACCEPT BID: ZUMRO, INC. -- FOR FURNISHING TECHNICAL SEARCH
EQUIPMENT, FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE FUNDS ($12,350)
FROM CIP 313825.
RESOLUTION NO. 95-445
A RESOLUTION ACCEPTING THE BID OF ZUMRO, INC. FOR THE
FURNISHING OF TECHNICAL SEARCH EQUIPMENT, FOR THE
DEPARTMENT OF FIRE -RESCUE AT A TOTAL PROPOSED
AMOUNT OF $12,350.00; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO.
802801-840, PROJECT NO. 313825; 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.)
5.8. ACCEPT BID: WESTERN SHELTER SYSTEMS -- FOR FURNISHING SHELTER
SYSTEMS, FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE FUNDS ($25,516)
FROM CIP 313825.
RESOLUTION NO. 95-446
A RESOLUTION ACCEPTING THE BID OF WESTERN SHELTER
SYSTEMS FOR THE FURNISHING OF VARIOUS SHELTER
SYSTEMS, FOR THE DEPARTMENT OF FIRE -RESCUE AT A
TOTAL PROPOSED AMOUNT OF $25,516.00; ALLOCATING
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM,
ACCOUNT CODE NO. 802801-840, PROJECT NO. 313825;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
10 June 1, 1995
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.9. ACCEPT BID: ALANIS, INC. -- FOR FURNISHING RESCUE EQUIPMENT /
SUPPLIES, FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE FUNDS ($18,520)
FROM CIP 313825.
RESOLUTION; NO.95-447
A RESOLUTION ACCEPTING THE BID OF ALANIS, INC. FOR THE
FURNISHING OF VARIOUS RESCUE EQUIPMENT AND SUPPLIES,
FOR THE DEPARTMENT OF FIRE -RESCUE AT A TOTAL
PROPOSED AMOUNT OF $18,520.00; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM,
ACCOUNT CODE NO. 802801-840, PROJECT NO. 313825;
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.)
5.10. RATIFY CITY ATTORNEY'S ENGAGEMENT OF HOLLAND AND KNIGHT -- TO
PROVIDE LEGAL SERVICES CONCERNING RESTRUCTURING OF SOUTHEAST
OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY --
ALLOCATE FUNDS ($8,689.81) FROM SOUTHEAST OVERTOWN / PARK WEST
TRUST FUND.
RESOLUTION NO. 95-448
A RESOLUTION RATIFYING AND AFFIRMING THE CITY
ATTORNEY'S ENGAGEMENT OF THE LAW FIRM OF HOLLAND
AND KNIGHT TO PROVIDE LEGAL SERVICES CONCERNING THE
RESTRUCTURING OF THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $8,689.81,
FROM THE SOUTHEAST OVERTOWN/PARK WEST TRUST FUND
TO PAY FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
11 June 1, 1995
11 i
5.11. APPROVE ENGAGEMENT OF HOLLAND KNIGHT TO SERVE AS COUNSEL
BEFORE U.S. DISTRICT COURT FOR PRE-TRIAL LITIGATION SERVICES IN
CONNECTION WITH CITY OF NORTH MIAMI VS. A&E CONSTRUCTION
COMPANY, ET AL. (CASE NO.95-0545-CIV-MARCUS) -- INTERIM FEE $25,000.
RESOLUTION NO.95-449
A RESOLUTION APPROVING THE ENGAGEMENT OF THE LAW
FIRM OF HOLLAND & KNIGHT TO SERVE AS COUNSEL BEFORE
THE UNITED STATES DISTRICT COURT FOR PRE-TRIAL
LITIGATION SERVICES IN CONNECTION WITH THE CASE OF
THE CITY OF NORTH MIAMI VS. A&E CONSTRUCTION
COMPANY, ET AL., CASE NO. 95-0545-CIV-MARCUS, WITH THE
INTERIM FEE FOR SUCH SERVICES NOT TO EXCEED $25,000.00;
SAID MONIES THEREFOR BEING ALLOCATED FROM THE CITY
OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.12. CLAIM SETTLEMENT: ROBERT OR SUSAN PROENZA, AS PARENTS OF RYAN
A. PROENZA (A MINOR) ($75,000).
RESOLUTION NO. 95-450
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY ROBERT OR SUSAN PROENZA, AS PARENTS OF RYAN A.
PROENZA, (A MINOR), THE SUM OF $75,000.00, 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. 92-21116-CA (41);
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
12 June 1, 1995
J
5.13. CLASSIFY ONE SURPLUS GARBAGE PACKING TRUCK AS CATEGORY "A"
STOCK, WHEN AVAILABLE -- DONATE SAME TO CITY OF WEST MIAMI FOR
ITS MUNICIPAL SANITATION EFFORTS -- EXECUTE RELEASE DOCUMENTS.
RESOLUTION NO. 95-451
A RESOLUTION CLASSIFYING ONE (1) SURPLUS GARBAGE
PACKING TRUCK AS CATEGORY "A" STOCK, SHOULD SUCH
TRUCK BECOME AVAILABLE AS SURPLUS CITY STOCK;
FURTHER DONATING THE SAME TO THE CITY OF WEST MIAMI,
FLORIDA, SUCH DONATION TO BE VALID AND EFFECTIVE
BETWEEN JUNE 01, 1995 AND MAY 31, 1996, UPON THE
EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS;
SAID GARBAGE PACKING TRUCK TO BE USED BY THE CITY OF
WEST MIAMI, FLORIDA, IN ITS MUNICIPAL SANITATION
EFFORTS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
---------------------- ------- -----------------------------------------------------------------------------------
6. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PAYMENT
OF ATTORNEY'S FEES TO GREGORY DENARO, ESQ., WHO
SUCCESSFULLY REPRESENTED OFFICER JORGE LEON. (See label 18)
Commissioner Dawkins: Mr. Mayor, we have a representative in the audience. I don't know if
it's business that's pressing, but out of courtesy, if he wants to be heard, I'd move that we hear
his item out of order. Representative De Grandy.
Representative Miguel De Grandy: Thank you, Commissioner.
Commissioner Dawkins: Come to the mike, sir, if that's all right with the body.
Mayor Clark: Sure.
Representative De Grandy: Thank you for the courtesy, Commissioner. I'm here as co -counsel
for Ms. Dougherty, and we'd be more than happy to wait.
Commissioner Dawkins: OK. Thank you.
Representative De Grandy: Thank you, sir.
Mayor Clark: Thank you, sir.
13 June 1, 1995
`�.N
----------------------------------------------------------------------------------------------------------------
7. DISCUSS AND DEFER PROPOSED RESOLUTION TO APPOINT /
CONFIRM INDIVIDUALS TO SERVE ON AFFIRMATIVE ACTION
ADVISORY BOARD.
Mayor Clark: All right. Item number 2 of the regular agenda. These are mostly board
appointments. Does everybody have their stuff in order?
Mr. Cesar Odio (City Manager): We wanted to put on the record that Ms. Nora Hendricks
desired to be reappointed to the board.
Commissioner Dawkins: OK. Thank you.
Vice Mayor Plummer: This is item 2?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: I have said before, and I'll say again... Who do they recommend for my
appointment? I'll... Whoever they recommend...
Mr. Odio: Ms. Nora Hendricks wants to stay in the board.
Vice Mayor Plummer: Is that mine? That's fine. That'll be mine.
Ms. Angela Bellamy (Assistant City Manager): She was Commissioner Dawkins'.
Mr. Odio: She was Commissioner Dawkins' appointment.
Vice Mayor Plummer: All right. Well, give me one that they're recommending. Who do they
want?
Ms. Bellamy: They normally, Commissioner, don't make a recommendation. They have just a
list of people that we've had previously.
Vice Mayor Plummer: Then I'll have to put it over to the next meeting.
Mayor Clark: Angela, what about the Affirmative Action Advisory Board? They're all in line,
are they not?
Ms. Bellamy: Excuse me?
Mayor Clark: The Affirmative Action Advisory Board.
Ms. Bellamy: That's what we're speaking on. There are three vacancies. The terms have
expired, and we need three appointments that would be nominated by Vice Mayor Plummer,
Commissioner Gort, and Commissioner Dawkins.
Vice Mayor Plummer: I'll put mine over.
Commissioner Gort: I'll put mine over.
14 June 1, 1995
Commissioner Dawkins: I'll put Sam Mason back.
Mayor Clark: All right. Very good.
Ms. Bellamy: Commissioner Dawkins, Sam Mason is already on the board. The person whose
term expired was Nora Hendricks, and she has indicated her desire to continue on the board.
Commissioner Dawkins: Who put her on there?
Ms. Bellamy: You did.
Commissioner Dawkins: I did?
Ms. Bellamy: Yes.
Commissioner Dawkins: Of my own free will?
Ms. Bellamy: I cannot answer that, Commissioner.
Commissioner Dawkins: Now, let me find out.
Ms. Bellamy: OK.
Commissioner Dawkins: OK. If she's of my own free will, I'll put her back. If it was
recommended by the Affirmative Action Board, I will not put her back.
Ms. Bellamy: OK.
Mayor Clark: OK. Anything else on item 2? Thank you.
Ms. Bellamy: There is one confirmation of the... of Maysshack Lane for Laborers' International
Union of North America, LIUNA, formerly... Well, the Sanitation employees.
Vice Mayor Plummer: Was that voted on by the membership?
Ms. Bellamy: Yes.
Vice Mayor Plummer: By the membership?
Ms. Bellamy: I'll have to check, Commissioner.
Vice Mayor Plummer: If, in fact, it was voted on by the membership, I will move it be accepted.
If not, then come back.
Mayor Clark: All right.
Mayor Clark: Item 3.
Commissioner De Yurre: I'll pass up on that one.
15 June 1, 1995
Vice Mayor Plummer: That's Victor's.
-----------------------------------------------------------------------------------------•-----------------------
8. APPOINT INDIVIDUALS TO SERVE ON COMMISSION ON THE STATUS
OF WOMEN. (Appointed were: Lisa Gold & Nancy Minett.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 4.
Vice Mayor Plummer: The Status of Women, we're to recommend.
Mayor Clark: Vice Mayor Plummer and Mr. De Yurre need to make a nomination.
Commissioner De Yurre: I don't have anybody at hand right now.
Mayor Clark: All right.
Vice Mayor Plummer: Wait a minute. I have one there also, right?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Victor, you're not going to do Ruby?
Commissioner De Yurre: I thought I had. Is she a member right now?
Vice Mayor Plummer: It says here...
Ms. Pola Reydburd: I'm Pola Reydburd, chair, City of Miami Commission on the Status of
Women. We submitted two names, both for Vice Mayor Plummer and for Commissioner De
Yurre, of two candidates who seemed to be excellent candidates. You should have her
curriculum at hand, Commissioner De Yurre.
Vice Mayor Plummer: Who? I didn't understand the names.
Commissioner De Yurre: What are the names?
Ms. Reydburd: Nancy Minett and Lisa Gold. You have at hand their bios.
Mayor Clark: Does the board recommend those two?
Ms. Reydburd: Yes.
Mayor Clark: Why don't you move it, J.L.
Vice Mayor Plummer: Well, wait a minute. We got Ruby Feria there, Victor.
Ms. Reydburd: Ruby Feria was removed because...
Commissioner Gort: She resigned.
Ms. Reydburd: She resigned. She couldn't attend the meetings.
16 June 1, 1995
Vice Mayor Plummer: Oh, OK.
Commissioner Dawkins: What board are we on now?
Ms. Reydburd: Commission on the Status of Women.
Commissioner Gort: Status of Women.
Vice Mayor Plummer: Status of Women. Whatever one they recommend is fine with me.
Mayor Clark: How about you, Victor?
Commissioner De Yurre: That's fine.
Ms. Reydburd: OK. So we recommended Nancy Minett and Lisa Gold.
Vice Mayor Plummer: Move those two names.
Commissioner Gort: Second.
Ms. Reydburd: Thank you.
Mayor Clark: If there's no exception...
Commissioner Dawkins: Whose appointments are they?
Vice Mayor Plummer: What?
Commissioner Dawkins: You got one and Victor got one?
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: OK.
Vice Mayor Plummer: That's the only two. They were ours.
Mayor Clark: If there's no exception, Mr. Clerk, cast a unanimous ballot on those two
nominations.
17 June 1, 1995
J
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-452
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN OF THE CITY
OF MIAMI, FLORIDA, TO FILL THE REMAINDER OF UNEXPIRED TERMS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
None.
Mayor Clark: Now we're down to item number 6.
Commissioner Dawkins: No, 5, Mr. Mayor.
Vice Mayor Plummer: Willy, the next one is yours, Planning Advisory. Gort.
Commissioner Gort: I'll pass on mine for now.
Vice Mayor Plummer: Wait a minute. That was item 5, right?
Commissioner Dawkins: Yeah, we're at 5 now.
Mayor Clark: Correct.
Vice Mayor Plummer: He passes.
Mayor Clark: You pass?
Commissioner Gort: Yes, sir.
NOTE FOR THE RECORD: At this point, agenda item 5 was
deferred.
Vice Mayor Plummer: On item 6, I will pass to the next meeting.
Commissioner Gort: Same here.
June 1, 1995
Commissioner Dawkins: On item 5, you pass, too, J.L.?
Vice Mayor Plummer: Yeah... No. I didn't have one on 5. The only one on 5 was Willy.
Mayor Clark: Now, on 6...
Vice Mayor Plummer: Six, I'll pass to the next meeting.
Mayor Clark: Mr. Gort passes.
Commissioner Gort: I'll pass, too.
Mayor Clark: Six, passed by Mr. Gort, yes.
NOTE FOR THE RECORD: At this point, agenda item 6 was
deferred.
Vice Mayor Plummer: Seven is Gort and De Yurre.
Commissioner De Yurre: I pass on mine.
Mayor Clark: We're going to have to face reality.
Commissioner Dawkins: Seven.
Mayor Clark: Mr. De Yurre, you got one, and so does Mr. Gort.
Commissioner Gort: I want to maintain the sheet until July 31st, and then I'll come with another
appointment on July the 31st.
Mayor Clark: Very good. How about you, Victor?
Commissioner De Yurre: That's fine.
Vice Mayor Plummer: What about 8?
Mayor Clark: We're coming to it right now.
Commissioner Gort: Let's finish 7.
Vice Mayor Plummer: Eight.
Mayor Clark: That's 7.
19 June 1, 1995
NOTE FOR THE RECORD: At this point, agenda item 7 was
e erre .
----------------------------------------------------------------------------------------------------------------
9. APPOINT LUCIA LANGERMAN TO PRIVATE INDUSTRY COUNCIL (PIC)
OF SOUTH FLORIDA.
Mayor Clark: On number 8, Mr. Gort, you have one appointment.
Commissioner Gort: Private Industry Council I appointed Lucia, Lucia Langerman.
Mayor Clark: All right.
Vice Mayor Plummer: Second the motion.
Mayor Clark: If there's no exception, Mr. Clerk, cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-453
A RESOLUTION APPOINTING AN INDIVIDUAL TO THE PRIVATE INDUSTRY
COUNCIL (PIC) OF SOUTH FLORIDA FOR TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
Mayor Clark: Item number 9.
Vice Mayor Plummer: Willy, it's yours.
Mayor Clark: Unity Council.
Commissioner Gort: Mr. Mayor, I'd like to leave this for later on. I've got some information
and I want to pass it on to you before I speak on this.
20 June 1, 1995
J
Mayor Clark: All right. Just hold number 9.
Commissioner Dawkins: Table.
Mayor Clark: It is tabled.
NOTE FOR THE RECORD: At this point, agenda item 9 was
temporarily tabled. ee la el 12).
----------------------------------------------------------------------------------------------------------------
10. OFFICIALLY ACCEPT CERTIFIED REPORT CONTAINING RESULTS OF
ELECTION (MARCH 20, 1995) OF BOARD MEMBERS OF OVERTOWN
ADVISORY BOARD. (Elected were: Donald F. Benjamin, Cleomie
Bloomfield, Debra Cooper, Dorothy Jenkins Fields, Wilhelmenia F. Jennings,
Balam Welcome, Theodore Lyons, Irby McKnight, Lillian Slater, Annie M.
Smith & Thirlee Smith.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 10. Overtown Advisory Board. Mr....
Vice Mayor Plummer: Is there any problem with accepting this report? Is it controversial? I
mean, why is it... I don't remember this ever being on an agenda.
Commissioner Dawkins: They only have 11 of the 14 members. I don't know. Let me let
.somebody else speak up.
Mr. Walter Foeman (City Clerk): Commissioner, we certified the results of the election, the City
Clerk's Office. I think Herb Bailey's office did the actual contact, so we're actually certifying
the results and accepting the report.
Vice Mayor Plummer: But, I mean, is there anything controversial in this thing?
Mr. Foeman: No.
Vice Mayor Plummer: Then I move it.
Commissioner Dawkins: Second.
Mayor Clark: No exception...
Commissioner Dawkins: But we still have to approve the other four members. They've got to
have an election. They've only got 11 members, and they need 15. There's four more to be
elected. When are the other elections supposed to be held, sir?
Mayor Clark: Give us your name for the record.
Mr. Donald Benjamin: Good morning. My name is Donald F. Benjamin, 417 Northwest 6th
Street, Overtown, and I'm chairman of the Overtown Advisory Board. The election for the next
four members is scheduled for June 8.
21 June 1, 1995
Mayor Clark: All right.
Commissioner Dawkins: OK. Thank you.
Mr. Benjamin: You're welcome.
Mayor Clark: Thank you, Mr. Benjamin.
Commissioner Dawkins: Call the roll, Mr. Mayor.
Mayor Clark: On the motion made by Mr. Plummer, seconded by Mr. Dawkins, cast a
unanimous ballot, with no exception, on the 11 names. You got the names, Walter?
Mr. Walter Foeman (City Clerk): Yes, I do.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-454
A RESOLUTION, WITH ATTACHMENT, OFFICIALLY ACCEPTING THE
CERTIFIED REPORT CONTAINING THE RESULTS OF THE ELECTION HELD ON
MARCH 20, 1995 IN WHICH CERTAIN INDIVIDUALS WERE ELECTED TO
SERVE AS BOARD MEMBERS OF THE OVERTOWN ADVISORY BOARD.
(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: Item number 12.
Vice Mayor Plummer: Wait. What happened with 11?
Commissioner Dawkins: It was pulled.
Vice Mayor Plummer: Oh.
Commissioner Dawkins: The Manager... Somebody pulled it, didn't they, Mr. Manager?
Vice Mayor Plummer: OK.
Commissioner Dawkins: It was pulled, 11.
22 June 1, 1995
N
NOTE FOR THE RECORD: Agenda item 11 was withdrawn.
----------------------------------------------------------------------------------------------------------------
11. CREATE NEW COMMITTEE: MIAMI CENTENNIAL COMMITTEE --
APPOINT VICE MAYOR J.L. PLUMMER CHAIRPERSON.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 12, the Centennial.
Mr. Cesar Odio (City Manager): Withdrawn.
Vice Mayor Plummer: It's withdrawn?
Mr. Odio: Yes.
Commissioner Dawkins: Twelve was withdrawn?
Vice Mayor Plummer: Well, excuse me. I'm just going to put on the record again...
Mr. Odio: I withdrew that... Oh. You want... Oh.
Vice Mayor Plummer: On 12, Mr. Mayor, I don't know how the rest of my colleagues feel on
this Commission, but I'm going to express it until hell freezes over. I am very concerned that the
City of Miami is not running the show for its Centennial. Other people are telling us what
they're going to do. At this particular point, in my opinion, this matter is a flop. They have gone
through a process that's unbelievable to try to pick an executive director. They haven't got one.
And I'm just saying to you, I'll wait, but I want to tell you, it upsets me that our Centennial is not
being run by the City. I'll have further and more to say at such a time.
Mayor Clark: All right. Mr. Dawkins.
Commissioner Dawkins: I've said as much to the three individuals who came to my office
yesterday that I am concerned that we in the City of Miami are not doing any of the shot -calling.
Nobody could tell me yesterday how much money they had. Nobody could tell me where the
money was coming from. Nobody could tell me what they plan to do with the money. And I
have the same concern that J.L. Plummer has.
Mayor Clark. Well, let me tell you something. We had a... About a year ago, we planned for
the United States Conference of Mayors, and I put Rodney Barreto in charge of that host
committee, and I mean to tell you, this is going to be one of the biggest shows you've ever seen
down here. He's raised close to a million dollars in in -kind and cash, and we're going to
entertain 400 of the finest Mayors in this country. He's done a superb job with four or five
people. So you just might give that some thought, J.L., when we get through the Conference of
Mayors, which will be over on the 20th of June. Understand?
Vice Mayor Plummer: I hear you.
Commissioner De Yurre: Well, Mr. Mayor, if I may.
23 June 1, 1995
J
Vice Mayor Plummer: Mr. Mayor, as far as I'm concerned, I don't even want to wait. I'll go for
Rodney Barreto to run the host committee... to run our show with our directions.
Mayor Clark: Mr. De Yurre.
Commissioner De Yurre: Well, the thing is that we keep talking about it and talking about it,
and we're almost a year away...
Vice Mayor Plummer: That's it.
Commissioner De Yurre:... from the Centennial.
Mayor Clark: That's what I said.
Commissioner De Yurre: So either, you know, either we're going to do something about it, let's
do it and not just talk about it every meeting, or if there's... Or maybe there's a perception that's
not reality. Maybe Cesar knows more than we do, and it's time that we find out what he knows,
and let's put it on the record.
Mr. Odio: Well, the reason I withdrew the item is that we went to visit Commissioner Plummer
and Commissioner Dawkins, and he raised all these objections. The committee is working very
well. We do have a City staff person full-time there, and the committee is doing great.
Vice Mayor Plummer: To their committee.
Mr. Odio: It's a committee of the whole community. The celebration is not only of the City
Government, it's the citizens of Miami. And if you want, I'll do a report right now. I was going
to send it to you in writing, and then you could judge what's going on there. But I believe that
it's working very well.
Commissioner De Yurre: Do ,you have a schedule of events that are being planned right now?
Mr. Odio: Yes, sir, and fund-raising, and etcetera.
Commissioner De Yurre: And where the money...
Vice Mayor Plummer: Excuse me. May I ask a question?
Commissioner De Yurre: Sure, why not.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Who, Mr. Manager, who is the executive director?
Mr. Odio: Vilma Diaz Neda, who works for the City of Miami.
Vice Mayor Plummer: They don't have an executive director.
Mr. Odio: Vilma Diaz Neda is running the Centennial Committee, and she's a City of Miami
employee...
Vice Mayor Plummer: She is a staff person...
24 June 1, 1995
Mr. Odio: ... and Angela Bellamy is Assistant City Manager in charge of that project. You want
to hear the report now? I'll be glad to get it.
Vice Mayor Plummer: As far as I'm concerned, Angela...
Mr. Odio: If you'd let me put it on the record, then you can judge after we tell you what's going
on.
Vice Mayor Plummer: Well, as long as you're going to create the record in a proper and truthful
manner, I have no problem.
Mr. Odio: I can only tell you the truth that you may not like it.
Commissioner De Yurre: Cesar does not know how to lie.
Vice Mayor Plummer: I'm not saying the man is lying.
Mr. Odio: Yes, I know how, when I have to.
Vice Mayor Plummer: I'm not saying that at all.
Mayor Clark: All right, Angela, let's hear from you.
Vice Mayor Plummer: I'm just saying that Angela is one of three. The other two control, and
Angela is a member of the so-called top three echelon. They have gone for over a year trying to
find an executive director. They still today do not have an executive director, which they were
going to pay, by the way, eighty thousand dollars ($80,000). There was an ad in the Miami
Herald which I brought to this Commission which they were trying to get, and, you know, it's
very simple. It's our birthday. Why are...
Mr. Odio: Now that you have...
Vice Mayor Plummer: May I finish?
Mr. Odio: OK. I'm sorry.
Vice Mayor Plummer: Thank you. Why are other people telling us how we're going to do our
birthday?
Mr. Odio: Because it's not...
Vice Mayor Plummer: It makes no sense.
Mr. Odio: It's the City of Miami people's birthday, not us only.
Vice Mayor Plummer: Mr. Mayor, I'll be around for the flop, because the way it's going, it's
going to be a disaster. OK? And I'm going to be around for it. And I'm going to be around to
embarrass people.
Mr. Odio: He's thinking that...
Vice Mayor Plummer: I'm trying for a year now. I've been trying to get something started. Go
back, Mr. Manager, and pull the editorial on Channel 10 of seven days ago. It'll say...
25 June 1, 1995
Mr. Odio: I never hear...
Vice Mayor Plummer: Well, you should listen once in a while. OK? It'll say everything that
I've been trying to say. Go ahead. Say what you want.
Mr. Odio: But can we say what we're doing...
Vice Mayor Plummer: Yes, sir.
Mr. Odio: ... and then maybe you can judge it.
Vice Mayor Plummer: Yes, sir. Proceed.
Ms. Angela Bellamy (Assistant City Manager): Commissioners, we have been working with the
Centennial Committee. There is...
Vice Mayor Plummer: There you go. There's my answer.
Ms. Bellamy: No, there is not an answer, because we have a plan that has already - that begins
on the 99th birthday, which will be a celebration on July 8, 1995 through all of the NET
(Neighborhood Enhancement Team) Centers, all of the neighborhoods. We will begin with the
99th birthday. Beginning January 1996, we have the Orange Bowl Parade, whose entire
celebration is toward the City Centennial. We will have events throughout that year, 1996. The
major events will be the last three days leading to the birthday celebration, which includes a
major festival, or festivals. This is the information that we've been trying to get your input in,
Commissioner.
Vice Mayor Plummer: That's the proof.
Ms. Bellamy: And we do have working committees that have begun. We have events, we have
a staff person who is working full-time, who is Vilma Diaz Neda. Nancy Bahn was the chief
operating officer. She has chosen the Retirement Incentive Program. She will be leaving, but
we chose not to have an executive director, because we had full-time City staff who was working
there. The Centennial Committee has chosen Logistics Management Group, who is responsible
for working on Pow -Wow, Pavarotti in the Park, who now is working so that we can get all of
our events, and have a grand celebration. What we've done is, we wanted to get the City
Commission's input and try to get us working together on it, but we do have a large community
support who wants to make sure that it is a successful event.
Mayor Clark: Mr. Dawkins, then Mr. Gort.
Commissioner Dawkins: Ms. Bellamy, how much is budgeted for those events you just named?
Ms. Bellamy: Commissioner, the events that we talked about are on first of...
Commissioner Dawkins: No, wait now, wait. Hold it. I'm going to rephrase my... I'll ask my
question again. How much money is budgeted for the events that you just named?
Ms. Bellamy: The events that I just named don't include all City of Miami budgets, money from
the City of Miami.
Commissioner Dawkins: Ma'am, how much is...
Ms. Bellamy: OK. First of all, -I cannot tell you how much is budgeted for the Orange Bowl
Parade.
- 26 _ _June -1, 1995 -
Commissioner Dawkins: OK. How much... Ms. Bellamy, in order for this Commission to work
with you, we must know how much money we're talking about working with. Secondly, we
need to know where this money is coming from. The City of Miami laid off 1500 people, we got
all kind of shortage, and we don't have any money. And all I'm saying is, somebody should tell
me that we have 4X dollars budgeted for these events, 3X dollars will come from the private
sectors, and 1X dollars has to come... the City of Miami has to raise it.
Ms. Bellamy: OK. Commissioner...
Vice Mayor Plummer: Commissioner, may I? May I?
Commissioner Dawkins: Yes, sir. Go right ahead, Mr. Plummer. I'm finished.
Vice Mayor Plummer: No, I just want a... I want a second part to your question. How much
have you raised in the year that you've been in business?
Ms. Bellamy: We have raised sixty thousand dollars ($60,000).
Vice Mayor Plummer: That's it.
Ms. Bellamy: Because we did not have a full plan with event planners and with fund-raisers.
We now are going out with an entire plan. What we had planned to do was give you the entire
plan today, to get some input from you so that we can go forward, rather than go forward without
your blessing on where we... what our plans were for the Centennial.
Vice Mayor Plummer: I have one other question and then I'll make a motion.
Mr. Odio: The Orange Bowl Parade...
Vice Mayor Plummer: I'm sorry, I'm sorry.
Mr. Odio: The Orange Bowl Parade will be totally, totally dedicated to the Centennial.
Mayor Clark: That's it.
Vice Mayor Plummer: Go.
Mayor Clark: Willy.
Commissioner Gort: Look, I'm trying to follow the program - procedure here, and I requested to
speak a long time ago.
Vice Mayor Plummer: Do it.
Commissioner Gort: Let me tell you something. My first experience with an event was in the
City's 75th anniversary, with Mayor Kennedy being Mayor at that time. There were only four of
us, and we put a hell of an event together.
Vice Mayor Plummer: That's right.
Commissioner Gort: Since then, I've been very active with the Kiwanis of Little Havana, which
we put one of the major events here in town. And I don't have the problems and the worries that
you have, J.L. I think we need to work with everyone. I understand the City government has got
27 June 1, 1995
J
to take charge and we've got to be a large part of this. But at the same time, I think the private
sector, in the past, and in the future, have demonstrated they're willing to work with us. We
need to work with the private sector, because they're the ones that are going to get the funding
for us. My understanding, Commissioner Dawkins, is most of the funding, 90 percent of it is
going to come from the private sector.
Vice Mayor Plummer: That's correct.
Commissioner Gort: We need to work with them. My suggestion is to you all, if you have any
doubts, get involved. Be involved in the process. And I think the host committee should be part
of the process, too. But I don't think we should eliminate anybody else from participating.
Vice Mayor Plummer: Willy, let me answer you this way. I agree with you, but in this
particular case, it's the tail wagging the dog. They have the committee, and we're second
thought. It should be we're running the show, and we ask participation of the private sector.
That's not what's happening here. She only has... And please, Angela got stuck with this job.
This is not personal with Angela. OK? She does a good job wherever she is, but she's been cast
into a role that's an impossible role.
Commissioner Dawkins: A no -win situation.
Vice Mayor Plummer: She is... The tail is wagging the dog.
Ms. Bellamy: It is.
Vice Mayor Plummer: It should be our show. We should definitely have the private sector
involved. We should have all of that, but we should be calling the shots. At this point, we're
not. Mr. Mayor...
Ms. Bellamy: Let me just say this.
Vice Mayor Plummer:... I'll finish up by saying whenever you're ready, I will make a motion to
turn this matter over to the host committee, who has a proven record. Let them run the show, as
far as I'm concerned.
Mr. Odio: That's the worst thing you could do, and I created the host committee, OK? It was
me that created the host committee. And now, to disband a committee of the whole community
to give it to another organization when they have been working now for two years, I think that's
an insult to that group.
Vice Mayor Plummer: Mr. Manager, excuse me.
Mayor Clark: If it doesn't work out with them - what? - are you going to take all the blame?
Mr. Odio: Yes, I'll take the blame. I always take the...
Vice Mayor Plummer: No. Excuse me. Angela, Angela, for how long did you go through a
simple process of trying to select an executive director? Over a year.
Ms. Bellamy: No.
Vice Mayor Plummer: Just short of a year, OK?
Ms. Bellamy: About...
28 June 1, 1995
Vice Mayor Plummer: And today, Mr. Mayor...
Ms. Bellamy: ... four or five months. But we decided not to get an executive director because
the City...
Vice Mayor Plummer: Let's don't go into why you didn't. OK? All I'm saying is, the bottom
line is, you didn't. After going through an arduous process, as of today, they still don't have an
executive director.
Mr. Odio: And we shouldn't have one. That's the point.
Vice Mayor Plummer: I'm not arguing with...
Mr. Odio: Why hire somebody at eighty-five thousand dollars ($85,000) when we have City
staff working there? Why should we have an executive director?
Vice Mayor Plummer: Why aren't we running our own show?
Ms. Bellamy: Because what we want to have is, we want to make sure that the events are
successful, rather than having just a staff person there. We have City Staff who are providing
support, who are there to provide that support.
Mayor Clark: You know, wait, just a moment. You know who's going to get all the blame for
this, right? This Commission up here is going to be blamed. We're going to be praised if it's
good, and if it's bad, we're going to get chastised.
Vice Mayor Plummer: You heard it.
Commissioner Gort: Yes, sir.
Mayor Clark: Everybody says, oh, yes, don't worry, it's going to be good. Proof is in the
pudding. Who can do it?
Commissioner Gort: Mr. Mayor, let me give you a suggestion. Why don't we have the host
committee become part of... We can nominate Rodney Barreto to be part of this committee and
let him...
Ms. Bellamy: He's already a part of it, Commissioners.
Commissioner Gort: He's a part of the committee? OK.
Ms. Bellamy: Rodney is the vice chair of finance.
Vice Mayor Plummer: He's not running the show, that's the problem.
Ms. Bellamy: He has said that as soon as the U.S. Conference of Mayors is over... He is
working, he has been a part of this. He doesn't have time right now. He is an integral part of the
Centennial Committee.
Mayor Clark: 1 don't care. I don't care about that.
Commissioner De Yurre: Mr. Mayor, if I may suggest something.
29 June 1, 1995
Mayor Clark: Yes.
Commissioner De Yurre: In order to have some input from the City, I would suggest that one of
the Commissioners sit there and participate, and J.L. is quite...
Ms. Bellamy: That would be wonderful.
Commissioner De Yurre: J.L. is quite interested. I would... And since you're involved with the
parks, Bayfront Park and everything else which is going to be involved, I would nominate that
J.L. get involved, representing the City Commission in this effort. Now, he can...
Commissioner Gort: I second the motion.
Vice Mayor Plummer: All right. I... No, no, no. I'll tell you what. I'll be happy to, but I am
not going to be dictated to by other people. If I'm chairman of the committee, then fine. If I'm
not chairman of the committee, no way. I am not going to be... Why? We've not accomplished
anything. Just to be a member of the committee? Uh-uh.
Mayor Clark: I agree with that. If you don't have free reign, J.L., there's no sense in taking it.
Vice Mayor Plummer: Absolutely. Absolutely. I mean, you know, this dog don't have a tail.
This dog ain't going to hunt unless this dog is calling the shots. Now, you want this dog to call
the shots? Fine, I'll do it. But other than that, let them fail on their own. They don't need me.
Commissioner Dawkins: What are we going to do with this, Mr. Mayor?
Vice Mayor Plummer: Well, it's a simply thing.
Mayor Clark: What I just told you. He said...
Vice Mayor Plummer: We can create our own committee right now.
Commissioner Dawkins: Let's create it, and let's move to the next item on the agenda.
Commissioner De Yurre: You know, what happens is, J.L., we should analyze this. If we were
to run this thing, like you're saying, we would have our own committee, and I bet you chances
are that most of the people that are in that committee existing today would... some... Most of
them would be on this committee, because they're the basic people in this community.
Vice Mayor Plummer: I agree.
Mayor Clark: Might be.
Vice Mayor Plummer: The only difference is that we're not calling the shots now. They have
the...
Mayor Clark: J.L., you've been appointed as the chairman of the Centennial Committee.
Vice Mayor Plummer: You got it.
30 June 1, 1995
Mayor Clark: Call the roll, Mr. Clerk.
The following motion was introduced by Mayor Clark, who moved its adoption:
MOTION NO. 95-455
A MOTION CREATING A NEW COMMITTEE TO BE KNOWN AS THE MIAMI
CENTENNIAL COMMITTEE; FURTHER APPOINTING VICE MAYOR J.L.
PLUMMER AS THE CHAIRPERSON TO SAID COMMITTEE.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Commissioner Wifredo Gort
ABSENT: None.
Mayor Clark: All right, let's move. Who is Ruben King High?
Vice Mayor Plummer: Who?
Mayor Clark: That's not Robert King High, his brother, is it?
Vice Mayor Plummer: I didn't think he had a brother.
Mayor Clark: Ruben King High.
Commissioner Dawkins: You going to bring your item up now, Mr. Gort?
Vice Mayor Plummer: What's he talking about?
Commissioner Dawkins: I mean, Mr. Gort, you going to bring your item up now?
Mayor Clark: Mr. Gort, do you have your... Unity Council of Miami.
Mr. Cesar Odio (City Manager): Oh, Ruben King -Shaw is chair of... was the chair of the
Centennial...
Vice Mayor Plummer. He's one of the chairs.
Mr. Odio: ... was the chair of the Centennial Committee.
Vice Mayor Plummer: Right.
Mayor Clark: OK. We have a new chair.
Commissioner Gort: Well, he could be co-chair.
31 June 1, 1995
------------------------------------ ---------------------------------------------------------------------------
12. ESTABLISH THE UNITY COUNCIL OF MIAMI (TUCOM), COMPRISED OF
REPRESENTATIVES FROM 18 NON-PROFIT CIVIL ORGANIZATIONS
SELECTED BY CITY COMMISSION -- PROVIDE ONGOING FORUM TO
ALLOW THEM TO PRESENT THEIR POSITIONS CONCERNING
CURRENT ISSUES -- AUTHORIZE MANAGER TO ACCEPT DONATIONS
TO FUND TUCOM AND PROVIDE OFFICE SPACE / EQUIPMENT --
APPOINT DARRYL REAVES EXECUTIVE DIRECTOR.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: What do you have, Bill.
Commissioner Gort: Mr. Mayor, for a long time, we've been working, trying to bring this
community together. So we came up with an idea. We went to the private sector and we talked
to them, and I think we can get the funding to do this. You got in front of you the Unity Council
of Miami, my item that I was going to bring up. You got a copy?
Mayor Clark: Yes, sir.
Commissioner Gort: That Richard gave you.
Vice Mayor Plummer: Excuse me.
Commissioner Gort: The idea of this Unity Council is to bring the six organizations from the
African -American Community, Hispanics and Anglo, and the workshop is to... Each one of
them is to meet once quarterly, bring up two topics where each one would get an opportunity -
and this is not for debate - each organization will bring their topic, their words, and their
solutions to this, and mainly, what we think we can accomplish by this... And there will not be
any debate. Each organization will present the argument and the feeling on this. We under...
We believe that by having this forum, people will begin to understand each other a little better.
We're not going to have any debate. And people will be able to find out in our community how
much we have in common, and work from there. The other thing that we need to do, I've been
in a lot of the community participations, and you have a lot of committees, and they get together,
and then after they break up, that's it. They don't see each other anymore. Part of the Unity
Council is once a month, we will have a breakfast, a dinner or lunch, where we all come
together. We'll break bread and drink wine. I think this is one of the ways that we can bring this
community together. I've talked to the private sector, and I can get all the funding from the
private sector. The only thing that we'd need from the City of Miami is to give us an office
space, because I would like to do it out of here.
Mayor Clark: You say the City must provide the three personnel?
Commissioner Gort: We'll provide the personnel. We'll have a board of directors named by the
Commissioners, and the private sector puts the money.
Mayor Clark: You want to establish this Unity Council.
Commissioner Gort: We want to establish this. And there's a resolution that follows.
Mayor. Clark: Can you, just for edification of all concerned, give them a little background as to
what you plan for this organization to do? What are they going to be responsible for?
32 June 1, 1995
_�I
Commissioner Gort: Well, the main thing is the...
Mayor Clark: I mean, we have this, but they don't have it out there.
Commissioner Gort: You don't have a... Well, as I stated before, there's going to be six
organizations, community -based organizations, with each one of the communities. They will be
getting together once every three months, and they'll present two freestanding items or themes,
and they will have a position paper. Each one will be given 14 minutes to present their position
paper. There would not be any debate or any questions. Mainly, what we think we can achieve
by doing this is people will have a better understanding that would reach to the community, and
we will be able to find out how many things we have in common, and work from there. The
other thing that we want to do is once a month, have a breakfast, lunch or dinner, as stated
before, where we can get together with no issues, just to know each other a lot better, and have
this cross-section of the community talking to each other. I think this would be one way to
establish communication among our community.
Mayor Clark: Now, with your donations, you're going to pay the executive director and the
executive assistants?
Vice Mayor Plummer: Who would be responsible for all of that, Willy?
Commissioner Gort: I've already talked to some of the private sectors, and we can raise the
money to do that. The thing that I'm requesting from the City would be the office space.
Vice Mayor Plummer: No, no. My point would be, who would be the executive director, or
who would be the main person running the show?
Commissioner Gort: Mainly, the idea came up from Darryl Reaves in my office, and I would
like for him to run this.
Vice Mayor Plummer: I'm sorry?
Commissioner Gort: Darryl Reaves. I would like to appoint him as the executive director to
this.
Mayor Clark: All right. Is there a motion on the item? You got to start moving.
Commissioner De Yurre: Let me ask something. How do you appoint the six different groups?
How are they selected?
Commissioner Gort: What we'll do is, each Commissioner will be able to appoint one to the...
We'll have the Advisory Board to run this, and the people from the private sector will also have
an appointment in the board. I will ask the recommendation from the different Commissioners,
and we'll select from the recommendations from you all of the agencies that we're going to
select.
Commissioner De Yurre: OK. Because my question basically is, why six? Why not four, or
five, or seven?
Commissioner Gort: That's something that we can bring up later on as we look at the different
solutions. We just had to start from a point, and this is the starting point. Once we agree to this,
we'll appoint the board of directors. We'll get together and we'll select this. One of the things
that I'll request from each one of you is to give me some organizations that you recommend to
33 June 1, 1995
participate in this, and we'll come up with some criteria and guidelines on what we think the
participation of the organization should be.
Vice Mayor Plummer: Do we get the right to approve the members of this organization?
Commissioner Gort: Yes, you do.
Vice Mayor Plummer: And where in here does it state, which the Commission would make their
own direct appointments?
Commissioner Gort: In the resolution.
Vice Mayor Plummer: Oh, in the... Well, it doesn't state in this here. All I see here is there be
18 organizations, six black, six Hispanic, and six Anglo. Where does the issue...
Commissioner Gort: It's in the resolution, J.L. There's a companion item to this. The
resolution was given to you.
Vice Mayor Plummer: All right. Hold on then, let me read that. Well it's still... Oh, there's
more than one resolution.
Commissioner Gort: There's a second one, not the first one.
Mayor Clark: Well, there's an ordinance too, isn't there?
Commissioner Gort: Yeah. The ordinance is later on, when we receive the funds to establish the
bank account.
Vice Mayor Plummer: The City Commission would approve its budget?
Commissioner Gort: Yes, sir.
Vice Mayor Plummer: And have...
Commissioner Gort: And the private sector, too, the people putting out the money.
Vice Mayor Plummer: Of course.
Commissioner Gort: Yeah.
Vice Mayor Plummer: But, I mean, they'd also have the right of audit.
Commissioner Gort: Yes, sir. Everything would be...
Vice Mayor Plummer: I'll second the motion.
Mayor Clark: All right. Any further discussions? Call the roll, Mr. Clerk.
34 June 1, 1995
i
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-456
A RESOLUTION ESTABLISHING THE UNITY COUNCIL OF MIAMI ("TUCOM"),
SAID COUNCIL TO BE COMPRISED OF REPRESENTATIVES FROM EIGHTEEN
NON-PROFIT CIVIC ORGANIZATIONS SELECTED BY THE CITY COMMISSION
AND SHALL PROVIDE AN ON -GOING FORUM FOR SAID ORGANIZATIONS TO
PRESENT THEIR POSITIONS CONCERNING CURRENT ISSUES; AUTHORIZING
THE CITY MANAGER TO ACCEPT DONATIONS TO FUND TUCOM'S BUDGET
AND PROVIDE OFFICE SPACE, COMPUTERS AND ACCESSORIES TO TUCOM.
(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.
Mayor Clark: Item number 13.
Vice Mayor Plummer: Item what?
Mayor Clark: Thirteen. We go to 13 now.
Vice Mayor Plummer: OK. A selection.
Mr. Walter Foeman (City Clerk): Excuse me, Mr. Mayor. Item 13 can only be taken up after
ten.
Vice Mayor Plummer: Oh. We're way ahead of the game.
35 June 1, 1995
----------------------------------------------------------------------------------------------------------------
13. GRANT REQUEST BY LATIN AMERICAN GOURMET RESTAURANT,
INC. FOR EXTENSION OF FOOD CONCESSION MANAGEMENT
AGREEMENT FOR PAUL S. WALKER PARK, CONCERNING TIME LOST
IN CONNECTION WITH NECESSARY RENOVATIONS, DUE TO
HURRICANE ANDREW AS WELL AS THE WATER AND SEWER
AUTHORITY AGREEMENT / MORATORIUM -- ALLOW COMPANY 30
DAYS TO PROVIDE DOCUMENTATION TO CITY ATTORNEY'S OFFICE
TO PROVE AMOUNT OF TIME LOST -- INSTRUCT MANAGER TO
EXTEND EXPIRATION DATE OF AGREEMENT FOR SAME AMOUNT OF
TIME LOST (SUBJECT TO CITY ATTORNEY'S APPROVAL), TO BEGIN
AT TIME OF ISSUANCE OF BUILDING PERMIT -- GRANT COMPANY
THE OPTION YEARS IN AGREEMENT -- STIPULATE THAT EXTENSION
IS NOT TO EXCEED 10 YEARS; ETC.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: We go to 14.
Vice Mayor Plummer: Can we go to 14?
Mayor Clark: Yes, sir, we're going there. Item 14. Mr. Gort, this is your item.
Commissioner Gort: This is a personal appearance request by Lazaro Albo.
Mayor Clark: OK.
Vice Mayor Plummer: As if we didn't know.
Mayor Clark: What's this all about? Does he have a lease on that property down there, Mr.
Manager?
Mr. Odio: We recommend this, his... Eduardo, go ahead, put it on the record.
Vice Mayor Plummer: Well, wait a minute, isn't it... Cesar, isn't this tied to 15?
Mayor Clark: This is the Gourmet Restaurant. Do you recommend the extension?
Mr. Odio: Yes, we do.
Mayor Clark: How long?
Mr. Eduardo Rodriguez: Fifteen years.
Mr. Odio: Fifteen.
Mr. E. Rodriguez: To a total of 15 years.
Mayor Clark: Total of 15 years.
Mr. E. Rodriguez: They have seven to go now. He's asking me a total of 15.
Mayor Clark: He needs that to make financing and everything proper.
36
9
June 1, 1995
Mr. E. Rodriguez: Correct.
Mayor Clark: Anybody got...
Vice Mayor Plummer: Well, I need to know, Mr. Mayor, the difference between... Is there a
difference between 14 and 15, or is it combined?
Mr. E. Rodriguez: Combined, sir.
Vice Mayor Plummer: OK. That's what I need to know.
Mayor Clark: Is she here on this?
Vice Mayor Plummer: Is there any difference between...
A. Quinn Jones, III, Esq. (City Attorney): No. Fifteen is a personal appearance by someone
who is basically...
Mr. E. Rodriguez: You can talk if you want.
Mr. Odio: On the City revoking the agreement.
Mr. Jones: Yeah. Let me say this, because this is what you need to know and be guided by. The
original RFP (Request for Proposals) provided for a term of five years, with one additional five-
year option.
Mayor Clark: They're in that five-year option now.
Mr. Jones: Well, let me say, the five years is not even up yet. It's almost up. The danger... I'm
just telling you so you can be guided by what's happening. The potential that you have here in
extending this is contrary to what was bid out, what was requested in the Request for Proposals.
Certainly, if you want to do it, fine. But do understand that there were other people who bid on
this particular project, and they could now come back and sue us, so that's what you need to
know.
Mayor Clark: Well, what do you suggest we do, Manager? You don't want a lawsuit.
Mr. Jones: In fact, you... One other thing. Let's just say this, too, because the agreement
basically says that the five-year option can be renewed at the sole discretion of the City
Manager. But since the five years are not up, you need to know that. But I'm more concerned
about - and this is what 15 is about - one of the - one individual who has asked for a personal
appearance, because for five years, the property has sat there, and nothing has been done with it.
And, of course, you risk... the potential risk for those particular proposers who were not selected
to sue you is very great.
Mayor Clark: Ms. Dougherty, you're here on this?
37 June 1, 1995
-- J
Ms. Lucia Dougherty: Yes, sir. Lucia Dougherty, 1221 Brickell Avenue, here today
representing Lazaro Albo. One of the things you should know, and perhaps Quinn, Mr. Jones
didn't realize this, but there weren't any other bidders when we bid this. We were the only
bidder. There were... There has been a legal opinion that simply says that because of
extenuating circumstances of the hurricane, the WASA (Water and Sewer Authority) agreement,
the fact that market conditions have changed since the time that this was actually bid in 1991, an
extension would be permitted and permissible under the law. And what they are seeking is 15
years, because at this point, they realize - 15 years in total - they realize that it is...
Commissioner Dawkins: Hold it, hold it. Fifteen years total?
Ms. Dougherty: Correct. Seven years...
Commissioner Dawkins: That's only added onto the five, five plus ten will be 15, or are you
talking about 15 added onto the five you already have? I need to know what...
Ms. Dougherty: No, 15 starting from today. Seven years plus an additional eight.
Mr. Jones: But then, Commissioner, that's...
Commissioner Dawkins: Well, wait a minute, now, hold it, hold it, wait a minute. Let me see.
You're saying 15 years more.
Mayor Clark: Total.
Ms. Dougherty: Total, from today.
Mayor Clark: That's including the time that hasn't expired in the five-year option.
Ms. Dougherty: That's correct.
Mayor Clark: That stands at... How much time you got there?
Mr. Jones: You substantially...
Ms. Dougherty: I think we have seven years left.
Mr. Jones: You don't have seven years left. You're substantially changing the RFP, what was
proposed. The original RFP called for a five-year term, with one five-year option renewable, at
the sole discretion. You cannot...
Commissioner Dawkins: And five and five is ten.
Mr. Jones: You cannot sit here and extend the 15 years for something you bid out for five.
That's contrary to... That's a substantive change, and you know it's a substantive change.
That's contrary to the law. You're setting the City up for a lawsuit. I mean, you don't know
right now whether there are other groups out there who may want to bid on it. You just can't
unilaterally change something, add 15 years to it when you set it out for five.
Vice Mayor Plummer: Well, let me ask you...
Ms. Dougherty: Let's...
Vice Mayor Plummer: May I ask a question?
38 June 1, 1995
__J
Ms. Dougherty: Certainly.
Vice Mayor Plummer: Mr. City Attorney, I heard counsel make the comment about the fact of
being able to extend for circumstances. Now, we know that it was five and five. They are in
their seventh year.
Ms. Dougherty: No, we're in our...
Vice Mayor Plummer: What year?
Mr. Jones: They're in their fifth year.
Vice Mayor Plummer: All right. They're in their fifth year. Now, then we have the option,
without question, of an additional five...
Mr. Jones: You have that option.
Vice Mayor Plummer: ... because that was in the original. Now, is there any credit that can be
given for those circumstances surrounding the... Andrew, the water problem? Are there any
bases to that within the framework that is legal?
Mr. Jones: I would agree that to the extent that there were extenuating circumstances that may
have impeded the development of the property, whether it was three months, or a year, or
whatever else, but I think the burden is on this particular proposer to demonstrate to you that
because of Hurricane Andrew, he was not able to get financing, he was not able to get whatever
it is he needed to put the project together. But certainly, I can't... I can't see that 15 years or
even five years... I mean, you look at the development that's gone on since Hurricane Andrew
now. It didn't take them that long.
Commissioner De Yurre: Well, Mr. Mayor, if I may make a suggestion, then, based on what I'm
hearing. Would it be then, Mr. Jones, doable that they provide the information that you're
requesting, that we can give them credit, and let's say we give them credit for the time that
they've lost, which may be two or three years, or whatever it is?
Mr. Jones: Certainly. That's within... As long as...
Commissioner De Yurre: We can do that. And also, at the same time, granting them the option
years, so, basically, he can have almost ten years, or ten years to work with from today. If they
can establish that, then we can run with that. Now, whether... The thing is whether they can get
financing for ten years or not. That's not our problem, other than we want to make sure this
thing gets going, and I want to put some limits for them to get started, and I don't want another
three years to go by and it's still sitting there. But I would go ahead and move to do something
along those lines, to give him credit for the time that's gone by, due to the fact that we've had
extenuating circumstances beyond his control and the company's control, and that we
automatically trigger in the extension. That will give him ten years to work with, and I think
that's defendable in court.
Mayor Clark: All right. It's a motion?
Commissioner Gort: Mr. Mayor, I'd like to hear from the applicant to finish her presentation,
and I have a question. My understanding is, you stated there's only one proposal, only one
answer to the RFP, only one person answered?
39 June 1, 1995
IN
Mr. Odio: There was only one, only one.
Commissioner Gort: OK. Thank you.
Mr. Odio: And I just want to...
Vice Mayor Plummer: That was at the time, five years ago.
Commissioner Gort: Fine.
Mr. Odio: ... reemphasize that in 1992, WASA put their pipelines through there, and the park
was... that whole area was a mess for two years.
Commissioner De Yurre: Let me say something, Mr. Mayor.
Mayor Clark: I think this...
Commissioner De Yurre: Willy, with reference to only being one bidder, you know, if I see that
it's a five-year deal, and I know it's not going to work, I'm not going to bid on it. Now, if I
know it's a 15-year deal or a 20-year deal, you may have had seven people bidding on it. So just
because one bids on it doesn't mean that, you know, there are others that are precluded from the
process.
Mayor Clark: Listen. Victor, this man is about to have a heart attack. Let him speak before he
dies on us, or the lady, one of the two.
Ms. Dougherty: Mr. Mayor, if I could just comment on Mr. De Yurre's suggestion. I think it's a
very good suggestion. I would only ask that you would modify your motion to say that the ten
years, or whatever we can justify in what documentation to the City Attorney, that ten years
would begin at the time that the construction is completed. That's the only modification we
would ask.
Commissioner De Yurre: Again, I would like to put some time limits on this thing getting
started.
Ms. Dougherty: Very good.
Mayor Clark: All right.
Commissioner De Yurre: Because we're getting complaints from neighbors there that it's not
clean, that it's not this, that it's not that.
Ms. Dougherty: We understand. That's certainly acceptable, and I think that's a reasonable
solution.
Mayor Clark: All right. Let's listen to what she has to say. Give us your name and address.
Ms. Christine Rupp: Christine Rupp, 1315 Venetia Avenue.
Commissioner Dawkins: Pull the mike down to you, please, ma'am.
40 June 1, 1995
Or=
Ms. Rupp: Christine Rupp, 1315 Venetia Avenue. I'm number 15 on the agenda today, and I
would just like to say that before you vote on giving these people the extension of the lease, you
should certainly hear me first, to tell you why I believe that the lease should be revoked. If,
indeed, you vote and approve the lease, then my argument is meaningless. So I would at least
like to be heard before you make a decision on the lease agreement with this group.
Commissioner De Yurre: Go ahead.
Mayor Clark: Well, if you... Who put you on the agenda?
Ms. Rupp: I just called myself.
Vice Mayor Plummer: She's item 15.
Mayor Clark: Well, speak now.
Ms. Rupp: And then I found out today that they were on the agenda before me. So.
Mayor Clark: Speak, speak.
Vice Mayor Plummer: Well, excuse me, so that you know. They have been deferred from two
different agendas.
Ms. Rupp: I understand that.
Vice Mayor Plummer: This is the first time you've ever requested. So it would normally be that
they would be on the agenda as a carry-over item.
Ms. Rupp: OK.
Mayor Clark: All right. Let's hear from you now, ma'am.
Ms. Rupp: I've got some pamphlets here I'd like to hand out to you that essentially show the
current conditions at Walker Park, and also, I have a copy of the leasing agreement.
Vice Mayor Plummer: Mr. Mayor, while she's doing that, one of the biggest problems that I've
seen there is not the problem that anybody has brought out, and it's the problem of the homeless.
The homeless just took over that place, and obviously, as you know, we can't do a damn thing
about the homeless by a Federal court order. That's one of their major problems down there.
Ha! Look at that fence, would you.
41 June 1, 1995
J
Ms. Rupp: As you can see, yes, the barbed wire fence, and the gate, and the area literally just
strewn with litter. It's a mess. I requested to be placed on the agenda to notify the City
Commission, the City Manager, the Mayor, the City Attorney, and the City Clerk of the
deplorable conditions at Paul S. Walker Park. I submit that the current management of the park,
Latin American Gourmet, Inc., is not in compliance with numerous terms of the management
agreement with the City, dated 5/29/92. Therefore, the agreement should be terminated. These
presentation packets I've prepared for you contain a copy of the current management agreement,
and photographs of the unsightly conditions at the park, which, for years, have remained
unchecked. Paul S. Walker Park was established in the late '70s as a downtown oasis. An urban
mini park, it was meant to be utilized as a refreshing break from the office, a retreat from the
street. Since that time, the park has seen many changes. In 1992, this management agreement
before you was executed by the City, naming Latin American Gourmet, Inc., responsible for
management, operation, and maintenance of the park in the inclusive concession area. The color
copies which you see were taken last week, and they evidence the current park condition. Now,
referring to the management agreement...
Mayor Clark: We're listening.
Ms. Rupp: Yes. Page 5, paragraph 2-C gives the City the right to terminate upon discontinuance
of the stated use and operation of the area by the management.
Mayor Clark: All right. Continue.
Ms. Rupp: Page 6, paragraph 5 sets minimum hours of operation which are not complied with,
as the park is not open. Page 7, paragraph 6 entitles the management to meet a standard of
quality, which they have not done. They don't service the park, they don't maintain it, they
don't operate it.
Vice Mayor Plummer: Mr. Mayor, may I inquire?
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Ma'am, are you raising all of this because you want this facility?
Ms. Rupp: Yes, I am. I'm interested in it.
Vice Mayor Plummer: Oh. OK. So what you're trying to do is to get them thrown out so you
can take over.
Ms. Rupp: Well, I would like to be considered. I under...
Vice Mayor Plummer: OK. No, no, no, but that's... The point I'm trying to make is I'm
wondering why you're raising this, whether you're an interested citizen...
Ms. Rupp: That's correct.
Vice Mayor Plummer: ... who is concerned about the park, or you're a concerned citizen who's
looking to derive revenue from this source.
Ms. Rupp: That's both.
Vice Mayor Plummer: Do you presently own a facility in the downtown area?
Ms. Rupp: No, I do not.
42 June 1, 1995
Vice Mayor Plummer: Do you own a facility, period?
Ms. Rupp: No, I do not.
Vice Mayor Plummer: Are you in any way experienced and background in restaurant operation?
Ms. Rupp: Yes, I am.
Vice Mayor Plummer: Where?
Ms. Rupp: I have 15 to 20 years of restaurant experience, from Toledo, Ohio to West Palm
Beach. Never in Miami.
Vice Mayor Plummer: OK, thank you.
Ms. Rupp: I'm new in this area.
Vice Mayor Plummer: Thank you.
Ms. Rupp: I have a clear vision of the park and what it is meant to be. I request that I may
submit a proposal for the management, operation, and maintenance of Paul S. Walker Park.
Based upon a mutually agreeable management contract between the City and myself, I am in a
position to return the park to its original landscape architectural specifications, and open Paul S.
Walker Park within but a few short weeks.
Vice Mayor Plummer: Did I understand you just to say an arrangement between you and the
City? Do you have any kind of an arrangement now?
Ms. Rupp: No, I don't.
Vice Mayor Plummer: OK.
Ms. Rupp: That's proposed.
Vice Mayor Plummer: Proposed. OK.
Ms. Rupp: Yes, sir. Thank you.
Vice Mayor Plummer: Well, I guess the question being raised by her, Mr. Manager, is a
question that you would have to answer, or the City Attorney, and that is, in fact there's been a
breach of contract?
Mr. Odio: We believe that there were extenuating circumstances in this case. I'm not a lawyer,
but he can answer that. But we feel from the Administration side, that we... I'm recommending
that we give them a chance to produce, since they did have Hurricane Andrew and WASA as an
excuse.
Commissioner Gort: A moratorium.
Vice Mayor Plummer: Say what?
Commissioner De Yurre: Now, are you saying, then, that they need to clean this place up right
away?
43 June 1, 1995
Mr. Odio: I'm saying that I think we should tell them that if he doesn't start construction there
in the next three to six months, that then we revoke his license.
Commissioner De Yurre: OK.
Mr. Odio: And I have told him that he can't hold off anymore.
Commissioner De Yurre: OK. Now, are we saying that, if we're talking about what I'm
proposing, the ten-year deal, that they have to provide evidence, then, of really, how much time
they've lost because of the hurricane situation?
Mr. Odio: Yes.
Commissioner De Yurre: And because of... So we're asking him to provide that information to
document the file as to how much time, really, was taken up. Now, how much time did they
have to pull a permit and to begin construction?
Mr. Odio: I think they need to answer that, but I don't think we should give them more than...
They have to start construction within the next six months. I mean, they should have... The
drawings should be ready, everything should be ready to go. I don't know...
Commissioner De Yurre: OK. Do you feel that within...
Ms. Rupp: How can you give them more time? The hurricane was years ago.
Mayor Clark: You understand? Just relax. You made your pitch. You may be seated, ma'am.
Commissioner De Yurre: By when do you plan to have construction done? A year, is that good
enough?
Ms. Dougherty: We had our permits. They have now expired, so we have to go repull the
permits.
Commissioner De Yurre: OK.
Ms. Dougherty: And I believe that we can begin construction within...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Odio: Construction within six months.
Ms. Dougherty: Six months. We can begin construction within six months.
Commissioner De Yurre: And finish?
Mr. Odio: Within 12 months.
Ms. Dougherty: And finish within 12 months.
Commissioner De Yurre: OK. So we're saying that in 12 months... They have to pull permits
within six months to finish construction within one year.
Mr. E. Rodriguez: Right, one year. One year.
44 June 1, 1995
i
Commissioner De Yurre: And how much time are we giving them to provide the information
that we need to document the extension?
Mr. Odio: I think they should have it today.
Ms. Dougherty: We'll have it within a month to the City Attorney's Office.
Commissioner De Yurre: Thirty days to get all the backup information, acceptable to the City
Attorney's Office.
Mr. Odio: Yes, sir.
Commissioner De Yurre: If not, it gets brought back to us.
Mr. Odio: And if the place is not open within one year from today, then we should revoke the
license. In the meantime, they must continue to pay rent, which they have been.
Ms. Dougherty: We have been paying rent.
Commissioner De Yurre: What about cleaning the place?
Mr. Odio: And they should go in there and clean up the place.
Commissioner De Yurre: OK. So that's another requirement, cleaning it up immediately.
Thirty days you have to bring the information to back up the extension of time. You have six
months to pull the permits and one year to finish construction.
Ms. Dougherty: I think that's reasonable. Thank you.
Commissioner De Yurre: OK? So move.
Mr. Jones: Commissioner, would you clarify for me, please, before you vote on this? The ten
years, is it ten years to run from...
Commissioner De Yurre: Well, if they... the most they can get is ten years from today, provided
we can trigger the extension of five years. Whatever is remaining right now gets added on to the
five years, and whatever they can back up as evidence that they lost through the hurricane or,
you know, the sewer moratorium gets tacked on, so it's a maximum of ten years, and they've just
got to come up with that evidence.
Ms. Dougherty: But the ten years would begin from the time the...
Commissioner De Yurre: Construction to...
Ms. Dougherty: ... from the time the construction is completed? That's what I had requested.
Commissioner De Yurre: From the time you pull the permit. That makes you hurry up a little
bit more.
Mr. Albo: I didn't finish. I didn't finish the building.
Ms. Dougherty: From the time we pull the permit is fine.
45 June 1, 1995
r
Commissioner De Yurre: OK?
Ms. Dougherty: Yes. Thank you.
Commissioner De Yurre: So moved.
Mayor Clark: You get... The quicker you finish, the quicker you... the better off you are.
Mr. Albo: Look, Mayor, when you take a... contract to take a lease, one year or 14 months. You
know how much I wait for this hearing? Fifteen months. Fifteen months. I pay rent, I wait 15
months.
Mayor Clark: He's making a motion, sir.
Mr. Albo: He's making a motion, but I think he didn't give me the time for the contract to make
finish this. I think it take at least a year or 14, 15 months to finish this building over there?
Mayor Clark: What's your motion, Victor?
Commissioner De Yurre: It still stands.
Mayor Clark: All right.
Commissioner De Yurre: They can finish quickly. You guys can move quickly on this. I don't
want it to...
Mayor Clark: Is there a second to his...
Vice Mayor Plummer: Second.
Mayor Clark: Second. Any further discussion from the Commission? Call the roll, Mr. Clerk.
46 June 1, 1995
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The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO. 95-457
A MOTION GRANTING REQUEST MADE BY REPRESENTATIVES OF LATIN
AMERICAN GOURMET RESTAURANT, INC. FOR EXTENSION OF TIME OF
FOOD CONCESSION MANAGEMENT AGREEMENT FOR PAUL S. WALKER
PARK, THEREBY ALLOWING SAID PARTY TO PROVIDE, WITHIN 30 DAYS,
DOCUMENTATION TO THE CITY ATTORNEY'S OFFICE OF THE TIME LOST
FOR RENOVATIONS OF SAID RESTAURANT DUE TO HURRICANE ANDREW
AND THE SEWER MORATORIUM; FURTHER INSTRUCTING THE MANAGER
(SUBJECT TO REVIEW AND APPROVAL BY CITY ATTORNEY'S OFFICE, OF
DOCUMENTATION PROFFERED REGARDING THE ABOVE CITED
EXTENUATING CIRCUMSTANCES) TO EXTEND THE EXPIRATION DATE OF
THE AGREEMENT FOR THE SAME AMOUNT OF TIME LOST (SAID
EXTENSION TO BEGIN AT THE TIME THAT THE BUILDING PERMIT IS
ISSUED); FURTHER GRANTING SAID COMPANY THE OPTION YEARS IN THE
AGREEMENT; FURTHER STIPULATING THAT THE TOTAL EXTENSION OF
TIME IS NOT TO EXCEED 10 YEARS; FURTHER STIPULATING THAT SAID
COMPANY MUST BEGIN CONSTRUCTION OF THE PROPOSED STRUCTURE
WITHIN THE NEXT SIX MONTHS AND FINISH CONSTRUCTION WITHIN 12
MONTHS; FURTHER STIPULATING THAT IN THE INTERIM, SAID COMPANY
SHALL CONTINUE TO PAY RENT TO THE CITY AND SHALL IMMEDIATELY
CLEAN UP THE SITE; AND FURTHER STIPULATING THAT IF THE
RESTAURANT IS NOT OPEN WITHIN ONE YEAR FROM TODAY, ITS LICENSE
SHALL BE REVOKED.
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.
Mr. Albo: Thank you.
Uri
June 1, 1995
-------------------------- -------------------------------------------------------------------------------------
14. DISCUSSION CONCERNING MR. MICHAEL R. GOLDSTEIN'S REQUEST
TO MAKE A PRESENTATION REGARDING CITY AND STATE
ACQUISITION OF THE BARNACLE ADDITION (COMMODORE BAY) --
COMMISSION QUESTIONS WHETHER IT WOULD BE LEGAL TO DENY
MR. GOLDSTEIN FURTHER REQUESTS TO BE PLACED ON AGENDA AS
HE HAS NOT ATTENDED ANY MEETING AT WHICH HIS REQUESTED
APPEARANCE HAS BEEN SCHEDULED.
Mayor Clark: Item number 16. Fifteen was...
Mr. Cesar Odio (City Manager): Mr. Mayor, this is Michael Goldstein. He has requested... This
is the second time he has requested appearance and then withdrawn. I don't know what the rules
say, but we cannot keep putting him on the agenda and then withdrawing at the last minute. He's
got the right to that?
Commissioner Dawkins: He has a right to put his name down, and if he doesn't show, Mr.
Manager, he just doesn't show.
Vice Mayor Plummer: Well, the problem, Miller, is this.
Mayor Clark: How many times...
Vice Mayor Plummer: When we limit the Manager to 60 items, if you have three or four of
these each time, I would say that that's not the case.
Commissioner Dawkins: OK. Then we will say to the Manager now that if he... Well, how can
we say this, Mr. Jones?
A. Quinn Jones, III, Esq. (City Attorney): I don't think you can limit him under the Dade
County Bill of Rights. Any citizen has the right to appear before you any time, whatever. So
you can't place... I mean that's prior restraint, which is unconstitutional.
Mayor Clark: What is that, though? Not at his discretion. He's been up before and didn't show.
Mr. Jones: Mr. Mayor, I understand the problem you're having, and perhaps we can work
something out. But you cannot prevent him from coming before you seeking a personal
appearance.
Commissioner Dawkins: OK. Well, is it legal, Mr. Jones...
Mayor Clark: What's the pocket item?
Commissioner Dawkins: Is it legal, Mr. Jones, to say to the Manager, write him a letter and say
that when he appears in the Commission Chamber, that the Manager will schedule that he be
heard. Is that legal?
Vice Mayor Plummer: Can't do that. Well, you take the chance of somebody invoking the rule.
Mr. Odio: Well, see, we have a heavy agenda on July 13th. Now, if he wants July 13th, I cannot
put him on. I will have to wait until September.
48 June 1, 1995
K
Commissioner Dawkins: Well, put him on in November, November.
Mayor Clark: All right. Let's move on 16.
Vice Mayor Plummer: What year?
Mayor Clark: Move out on 16.
15. (A) GRANT REQUEST FROM SWEETWATER POLICE DEPARTMENT
FOR DONATION OF 12 SURPLUS POLICE DEPARTMENT
VEHICLES, WHEN AVAILABLE.
(B) ADMINISTRATION TO PROVIDE GOLF CART TO THREE
TOWERS SENIOR CENTER TO BE USED BY SECURITY GUARD.
Mayor Clark: Seventeen.
Vice Mayor Plummer: Sweetwater Police. "Agua dulce."
Mayor Clark: Yes. The City of Miami used vehicles
to give 12 police cruisers. Give them away? Sweetwater is not broke, are they?
Unidentified Speaker: Almost.
Vice Mayor Plummer: Mr. Mayor...
Mayor Clark: Who are you?
Vice Mayor Plummer: Mr. Mayor, we've helped these people in the past, and as far as I'm
concerned, I'll move the item. And you're talking to a kid that when he was 16 years of age,
used to get picked up by them all of the time.
Mayor Clark: Identify yourself, sir.
Chief Angel Luis Galvez: Good morning, sir. I'm Chief Angel Luis Galvez from Sweetwater
Police Department.
Vice Mayor Plummer: If you talk, I'm going to withdraw my motion.
Mayor Clark: How many chiefs have you got out there now?
Vice Mayor Plummer: What day of the week?
Chief Galvez: Today is Thursday.
Vice Mayor Plummer: I move the item, Mr. Mayor.
Commissioner Gort: I'll second the motion, but I'd like to...
Mayor Clark: How many is it, 12?
49 June 1, 1995
Mr. Ron Williams (Assistant City Manager): Yes. Mr. Mayor, I would ask that that motion
include the caveat, when available, and consistent with your previous donations, that it be for a
one-year period, so that it is not open-ended.
Mayor Clark: All right. Second. Call the roll, Mr. Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-458
A RESOLUTION CLASSIFYING TWELVE (12) SURPLUS POLICE VEHICLES AS
CATEGORY "A" SURPLUS STOCK, SHOULD SUCH CARS BECOME
AVAILABLE; FURTHER, STIPULATING THAT IN SUCH CASE, SAID VEHICLES
SHALL BE DONATED TO THE CITY OF SWEETWATER, FLORIDA, SUCH
DONATION TO BE VALID AND EFFECTIVE BETWEEN JUNE 1, 1995 AND MAY
31, 1996, UPON THE EXECUTION OF THE APPROPRIATE RELEASE
DOCUMENTS; SAID VEHICLES TO BE USED BY THE CITY OF SWEETWATER,
FLORIDA, IN ITS EFFORTS TOWARD DETERRING CRIME.
(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
Commissioner De Yurre: Mr. Mayor, in conjunction with this, if I could make a suggestion, if
we could locate a golf cart, that it's kind of ready to go, that we could donate it to the Three
Towers Senior Center over there, because there's a lot of crime going on in the area, and they
would like to have a little cart that they can go around within the compound to do some
surveillance. So if we can identify one that we could donate to them, I'd appreciate that.
Vice Mayor Plummer: Victor, I agree with you, but why isn't... They have security from HUD
(Department of Housing and Urban Development). Why wouldn't HUD be providing that?
Commissioner De Yurre: Well, it's the Homeowners' Association there that requested it, saying
that they would like to have it so that they can be out there patrolling the area themselves. I
don't think there's much of any...
50 June 1, 1995
Vice Mayor Plummer: It's a great idea. I just, you know, it's a source of funding that I guess
I'm ...
----------------------------------------------------------------------------------------------------------------
16. DISCUSS AND DEFER (FOR RFP) REQUEST FROM CRAZY CLAM
CRUISES TO DISCUSS THEIR REQUEST FOR MOORING / DOCKAGE
AGREEMENT WITH BAYSIDE MARINA.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: What do we have, item 18? Good idea.
Vice Mayor Plummer: Nineteen.
Mr. Cesar Odio (City Manager): Eighteen.
Mayor Clark: Eighteen.
Vice Mayor Plummer: We did 18.
Mr. Odio: No, we did not.
Vice Mayor Plummer: Oh, OK.
Mr. Odio: Eighteen is the Crazy Clam Cruises.
Mayor Clark: "LA RUMBA"?
Ms. Ilona Mendez: Mr. Mayor...
Vice Mayor Plummer: Excuse me. May I ask a question, Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Is this a gambling boat?
Ms. Mendez: No.
Vice Mayor Plummer: Is this a casino boat? It is not.
Ms. Mendez: No, it is not.
Vice Mayor Plummer: OK. Thank you.
Mayor Clark: All right. Give us your name for the record.
Ms. Mendez: My name is Ilona Mendez. I reside at 7601 East Treasure Drive, Miami Beach.
Good morning.
Mayor Clark: Go ahead.
Mr. Mendez: I am the president of Crazy Clam Cruises, which operates "LA RUMBA," a
commercial tour boat, from Bayside Marina. Crazy Clam Cruises is here today to ask the
51 June 1, 1995
Commission to require the Marina Office for the City to issue a certificate of convenience and
necessity, and to enter into a moorage and dockage agreement with Crazy Clam. We have been
operating since September 1994 at the marina under a sublease with Delectable, Inc. Raul de la
Torre, Marina Manager for the City, has terminated the moorage and dockage agreement for the
space subleased by "THE RUMBA" for two reasons. Reason number one, the arrest on
December 23rd of 1994 of myself and Ralph Levin, who were charged with selling alcohol to a
minor; reason number two, lack of certificate of necessity and convenience required by Section
50-25 of the City Code, and a license required by 50-32. With regards to the alcohol charges,
the Commission should know that the State nolle-processed or dismissed all the charges related
to this incident. I believe that what is good enough for the State should be good enough for the
City. Further, the incident occurred as an error in procedure, which was immediately rectified.
It is not now, or has ever been the practice of Crazy Clam Cruises to sell alcohol to minors.
With regard to the certificate of necessity, as part of our agreement with Delectable, Inc.,
Delectable Inc. agreed to process the application for us, and a full application was given to
Delectable, Inc. in September. Only in March of this year did it come to my attention that the
application was never submitted. I immediately prepared a second application and submitted it
to Mr. de la Torre. He refused to process the application at this... And this is one of the reasons
that I'm here today. I believe that there is no reason for Mr. de la Torre to refuse to process the
application, and in light of dismissal of the charges, there is no basis for the City not to enter into
a moorage and dockage agreement with Crazy Clam. In addition to the certificate of necessity
and convenience, and moorage and dockage agreement, Crazy Clam Cruises requests the City to
intake in investigation into the way the Marina Office manages tour boat business at Miami
Marina. Whether the office is doing it on purpose or by mistake, it, along with Bayside, is,
nonetheless, showing great favoritism towards one operator, and anti -competitive behavior
towards the operator's competition. The tour boat business at Bayside grosses about ten million
dollars ($10,000,000) a year. Of that, one operator, Island Queen Cruises, makes about seven
point five million ($7.5 million). The remainder is shared between six competing vessels. Island
Queen Cruises initially receives access to Bayside through its principal, Charles Sofge, one of
the plaintiffs in the Pier 5 litigation. However, now, it occupies slips not located to Pier 5
Association. Prime slips inside of the marina are being leased to seven million dollar
($7,000,000) businesses for two hundred and forty-one dollars ($241) apiece. The tour boats
operated by Island Queen Cruises are substantially larger in size than is allowed by Pier 5
agreement, and the slips have been enlarged to accommodate the vessels. The agreement also
prevents the vessels extending beyond the pilings, yet the City has turned a blind eye to each of
these complaints. Fights and crowd disturbances have occurred on all vessels, including the
Island Queen vessels, yet the City and Bayside have complained only when these things occur to
competing boats. They have never taken any action against Island Queen Cruises. Crazy Clam
has hired an off -duty police officer, and no longer has any crowd control problems of any sort.
During the time frame of September until March, Delectable, Inc. has had no representative, and
has never informed us of any problems that have occurred, whatsoever, or any complaints by the
City. I would also like to say that when I spoke to Mr. de la Torre about renting other slips, he
said there were none available. I believe two weeks after that, there was another glass bottom
boat brought into the inside of the marina. Another matter I would like to explain is that I am
subleasing space number two, and I am in space number three right now, suffering damages to
the vessel. I have requested to move to my original space, and Mr. de la Torre has denied the
request. To conclude, I would just like to be able to work freely and properly with Bayside and
the City, and I just... Sorry. And I would like to just conduct my business to the best of my
ability, for the sake of my family, and my employees, and their families. Thank you.
Mr. Odio: I have a letter here from Bayside signed by the vice president and general manager.
And it says Mr. de la Torre, that because of the number of significant security breach incidents
by "LA RUMBA," "CRAZY CLAM, Il," and "ISLAND QUEEN," we cancelled - this is
Bayside - the operating agreements granting them access to our common areas. We also support
the decision by the City to end their moorings agreements. The incidents have involved alcohol
52 June 1, 1995
consumption by minors, fights in the vessels, and spilling to our common areas, complaints by
neighbors and problems with the Police Department. And I also have a long letter from the
security director of Bayside asking us to terminate any agreements with them. I just want to put
on the record that any mooring - the moorings agreements that we have, we don't have to have a
reason to cancel any agreements. We have... We can give them a notice of... It says,
Irrespective of the City of Miami grounds for termination under Paragraph 6A, the City of
Miami reserves the right to terminate any mooring and dockage agreement for any reason upon
three-day notice, under Paragraph 613.
Mayor Clark: Cesar, let me say something right now.
Vice Mayor Plummer: With the exception of the charter boats.
Mayor Clark: I was checking back into that Miami Marina here a while back, and this Mr. Ralph
de la Torre told somebody, he says, the Mayor has nothing to do down here. He has no authority
down here at all. I want him to know damn good and well, he's not going to have the authority
down there soon. And that's not a threat, that's a promise. That man has come to my attention a
hundred times, and I'm damn sick and tired of the way he conducts business. If that's what this
City does in their business, we're damned shorthanded.
Commissioner Dawkins: Well, the Manager just read off, the agreement says the City Manager
has the right. It doesn't say nothing about the Commission.
Mayor Clark: Well, I know the Commission... How does he get a job?
Commissioner Dawkins: Hello, somebody.
Mr. Odio: That's right. I know.
Mayor Clark: But I'm sick and tired of this. I get it all over town.
Commissioner Dawkins: I agree with you wholeheartedly. I don't have a problem with it.
Vice Mayor Plummer: Mr....
Mr. Odio: I'll recommend that we keep them away from there, since they have had numerous
incidents.
Vice Mayor Plummer: Mr. Mayor, in case some of my colleagues are not familiar, let me tell
you how this thing can be rectified very simply. The only right that Bayside has is, if you heard
and listened closely, was access. Now, all we have to do is to go down there and put another
walkway to the outside which is presently there, and Bayside doesn't have a damn thing to say.
OK? Now, I am more concerned - and I don't know this operation whatsoever - but I do know
that it's going to be an extremely popular thing to have cruise casino boats. We already know
that with... Out of the clear blue sky, if somebody came in at offers of a hundred and eighty
thousand dollars ($180,000) a year for a dockage space. And let me tell you, the way this City
needs revenue - those boats are legal, there's nothing illegal about them, they're going to
operate - that I don't want to be leaving out any lease kind of a scenario for peanuts when this
City can get in excess, and I'm making that clear. If the guy offered a hundred and eighty
thousand ($180,000) a year, I guarantee you I'll get more out of him. But what I'm saying is, we
can rectify and take and quiet Bayside completely by extending out from the present bulkhead
four feet or five feet, and it won't cost us a fortune, and then they have no say whatsoever.
53 June 1, 1995
f
Commissioner Gort: Mr. Mayor, I think that in considering Bayside, my understanding is we are
in a partnership with Bayside. If Bayside is successful, the City of Miami is successful. If
Bayside makes money, we make money.
Vice Mayor Plummer: Sometimes we wonder.
Commissioner Gort: And I think we should be good partners, and we should be listening to
Bayside. I agree with J.L. that they shouldn't be dictating to us all kinds of impossible things,
but I think they're in the business of being very successful, and we should listen to them.
Vice Mayor Plummer: Willy, just also, let me make you aware, and I'm bringing up some
history now, Bayside nor ourselves entered into an agreement with a charter boat. OK? One of
the boats mentioned here, the "ISLAND QUEEN," is within that charter boat area. And as such,
there is a 20-year agreement - Mr. Manager, is it 20 years? - I think it's 20 years in which we
gave them a 40 percent discount, because we had to move them out to redo the entire dock area.
So there are locked in people there of the charter boats on that, as it relates directly to Bayside.
Now, all of the rest of it is up. It's ours, it's been nothing but a problem. There sits a man in the
back of the room who will fight you tooth and nail, filed a lawsuit, Mr. Dudik with "THE
CELEBRATION." He could be right or wrong, but let me tell you, he's been here to complain.
And I'm just saying at this particular point, Mr. Mayor, my main thrust is going to be to those
who will provide best the revenue for this City.
Commissioner Dawkins: I yield to Mr. Gort.
Mayor Clark: All right.
Commissioner Gort: Thank you, Mr. Dawkins. Since I've been here, I've seen a lot of the
problems with the boats, and I know that there's a long history behind this, Pier 5 and all that,
but I think somehow, we should set up some standards, so everybody understands what the rules
are, and we can go by them, and I think we need to do that.
Vice Mayor Plummer: Can I ask a question of the Manager? Oh, I'm sorry, Mr. Dawkins.
I'm ...
Commissioner Gort: I'll yield to you. Go ahead.
Vice Mayor Plummer: OK. On the boats that are on the outside, Tony...
Mr. Tony Pajares: Yes, sir.
Vice Mayor Plummer: OK. They have no contract, do they? They are there on a 30-day basis.
Mr. Pajares: On the outside wall towards the bay, you mean?
Vice Mayor Plummer: Yes.
Mr. Pajares: Some of them have. There were three boats that had, including her.
Vice Mayor Plummer: Well, when did they get a contract? We never approved a contract.
A. Quinn Jones, III, Esq. (City Attorney): Well, that's...
Commissioner Dawkins: The Mayor just told you... The Manager just told you, you didn't have
to approve it.
54 June 1, 1995
Mr. Jones: That's the problem. It's a mooring and dockage agreement. The problem with this
is that the original tenant, they were subletting from, and the problem is that the mooring and
dockage agreement prohibits subletting.
Mr. Pajares: That's correct.
Mr. Jones: So they were there illegally in the first place. So they really don't even have any
standing in the complaint.
Vice Mayor Plummer: Well, then let me ask this. Does that broach the contract of the original
holder?
Mr. Jones: That's why we... That's why the original tenant was evicted. They don't have any
agreement, whatsoever.
Mr. Pajares: There were three subleases done on that, and that is against dockage agreement.
Let me further explain that...
Vice Mayor Plummer: OK. Let me just bring out one other point. Mr. Dawkins, I'm finding
out that the Bayfront Park trust, in fact, has leased out to a boat down at what we refer to as the
intercontinental docks, and that is a casino boat, and as of today, as I assume the chairmanship,
we're sending them a notice of cancellation, because they're there for a thousand...
Commissioner Dawkins: Why, if they're going to pay three hundred thousand dollars
($300,000) a year? You just said a hundred and eighty thousand dollars ($180,000) and you'd
go for it. If these people are going to pay three hundred, why are you cancelling them? I don't
understand what we're doing.
Vice Mayor Plummer: The people that are there now are paying a thousand a month.
Commissioner Dawkins: Oh, you... Oh, we house... OK. Mr. Mayor, I'd just like to say...
Vice Mayor Plummer: We're going to have a prayer meeting.
Commissioner Dawkins: ... what I don't understand is everybody comes up here and gets
consideration. Everybody has a good case and we listen to it. And the guy from "THE
CELEBRATION" has been coming here five years, and he has yet to get a spot that was...
whatever. But yet and still, anybody else can come up here and we acquiesce or whatever we
have to do, you know. And I'm with J.L. I just can't cancel... Cancel all of them and let
everybody bid on them, and... that's right, and let everybody bid, and whoever gives the best
price...
Vice Mayor Plummer: Is that all of the outside spaces?
Mr. Pajares: May I, Commissioner? We are asking the Law Department exactly to do that.
Commissioner Dawkins: "We," who? Huh?
Mr. Pajares: We are asking the Law Department, starting right now, to put all the slips for bid at
Bayside.
Vice Mayor Plummer: Well, Tony...
55 June 1, 1995
Commissioner Dawkins: Well, why do you have to ask for a study?
Mr. Pajares: Because we don't know... We have to have a legal opinion on whether that can be
done, cancel all the agreements...
Commissioner Dawkins: Well, you don't have to do any study. All you have to do is ask him
can it be done. Why do you got... Study what, Mr. Pajares?
Mr. Pajares: Whether we can cancel the dockage agreements and go out for bid on each one of
the slips.
Commissioner Dawkins: Wait a minute. Huh? Say what, now?
Mayor Clark: If they're subletting it, you can...
Mr. Pajares: Whether we can cancel the agreements and go out for bid on all the slips in
Bayside, on the commercial tours.
Commissioner Dawkins: What does the agreement that we have with them say? The Manager
just said you can cancel.
Mr. Jones: Well, that's the Manager, because, I mean, he has... Obviously, he hasn't looked at
the agreement. That's why... I mean, when you've got agreements in existence - no reflection,
maybe you have -
Mr. Odio: Well, I can read the agreement.
Mr. Jones: Well, I know you can read it, like I can read it as well, but what I'm saying to you is
that you can't just unilaterally break a contract without being susceptible to some damages. So
what Mr. Pajares asked us to do is look at that in conjunction with the ability of the City to
perhaps...
Commissioner Dawkins: Cancel, cancel without going to court.
Mr. Jones: ... cancel the leases and - yes.
Commissioner Dawkins: OK. All right. Thank you. OK.
Mr. Pajares: And bid. The legal question is whether we can bid it.
Mr. Jones: And bid them out.
Mr. Odio: Let me put something on the record that we've been talking about. This marina, for
instance, is a very profitable marina, as far as the cruise, you know, the recreation boats. The
commercial area, they provide all the garbage that we have to pay for dumping. It's a disaster.
They don't pay, they don't pay anything. We should be looking at that whole area of
commercial agreements...
Vice Mayor Plummer: They don't pay anything over here?
Mr. Odio: A very small amount.
Mr. Pajares: They get a... For about a total of two hundred and sixty-eight dollars ($268) a
month...
56 June 1, 1995
: .1
Mr. Odio: A month.
Mr. Pajares: ... they get parking, electricity, water and garbage.
Commissioner Dawkins: Where is this?
Mr. Odio: Right here, right here, sir.
Commissioner Dawkins: So what? We've had live-ons ever since I've been here. This is
nothing new.
Mr. Odio: I think that we...
Vice Mayor Plummer: Are they on a month -to -month?
Mr. Odio: Yes. I think we need to look at the whole area, create a new ordinance providing
commercial...
Mayor Clark: Wait a minute.
Commissioner Dawkins: Now, let's don't get away... Let's do not get away from the marina at
Bayside. All right. Now, if you want to discuss this one, put it on the agenda for another
discussion.
Mr. Odio: It's the same thing, sir.
Commissioner Dawkins: But right now, I want to keep focused on what we're doing here.
Mr. Pajares: Mr. Mayor, may I be heard a moment, please?
Mayor Clark: Yes.
Mr. Pajares: Commissioner Gort mentioned about policies and rules should be made clear. The
policies and rules at Bayside are very clear, both from Bayside and from the City. This boat has
been involved for over a year in policy infractions. We have received letters from the police.
She, this lady was involved with her partner in this infraction of policies both from the City and
from Bayside. I don't know the lady. I have nothing personal against her. But there are very
clear rules at Bayside and at this marina, and they have been in violation of these rules.
Commissioner Dawkins: Mr. Mayor, Mr. City Attorney, could you recommend us that we can
terminate this agreement?
Vice Mayor Plummer: Well, she has nothing. She's a sublessee.
Mr. Jones: There's nothing... There's no action for you to take is what I'm trying to tell you.
Commissioner Dawkins: OK. Well, I'm asking. I'm only...
Mr. Jones: OK.
Commissioner Dawkins: Well, that's what I'm asking you.
Mr. Jones: Yeah. They don't have any standing anyway. They don't have any con... There's
no privity of..
57 June 1, 1995
Commissioner Dawkins: So therefore, we don't have to take any action on this.
Mr. Jones: Yeah. There's no privity of contract between them and the City of Miami.
Commissioner Dawkins: So if we don't take any action on this, it's dead; is that right?
Mr. Jones: It's dead, even if you don't take any action.
Commissioner Dawkins: All right. I call it...
Mr. Jeff Dahl: Mr. Mayor, I'd like to respond.
Commissioner De Yurre: Wait, hold it, hold it. I got...
Commissioner Dawkins: I call the...
Commissioner De Yurre: I have to ask a couple of things.
Commissioner Dawkins: Go ahead.
Mayor Clark: What did you want, Lucia?
Ms. Lucia Dougherty: I just was... I'm representing Bayside as well as "ISLAND QUEEN" and
Chuck Sofge, and we would oppose the leasing of this property to this operator. This is the same
operator or the same owner that owned the "FIESTA," which you had trouble inside the marina.
Mr. Dahl: No, that's completely incorrect.
Vice Mayor Plummer: Well, excuse me.
Mr. Dahl: I hate to speak out of turn, but...
Mayor Clark: All right. Listen up.
Vice Mayor Plummer: May I inquire, Mr. Mayor? The "ISLAND QUEEN," as I recall, is in
that area that is protected under the lease agreement.
Ms. Dougherty: That's correct, yes. And also...
Vice Mayor Plummer: So why... Well, but I heard three names: "ISLAND QUEEN," this one...
Ms. Dougherty: They meant "MIAMI QUEEN." This is a misprint.
Vice Mayor Plummer: OK.
Mr. Dahl: "ISLAND QUEEN" is and isn't part of that.
Mayor Clark: There's nothing we can do here today anyway.
Vice Mayor Plummer: Well, Mr. Mayor, I would hope what we're going to do is ask the City
Attorney, at best, or at worst, to come back and tell us that he can cancel - "we" can cancel all of
the leases that presently exist on the outside and inside, and give us control over the scenario. It
has nothing to do with these people, because it's the understanding of this Commission, we want
58 June 1, 1995
to go out for an RFP (Request for Proposals) and see what is the best thing that we can get. And
that's what I would want to do, but we can't do that until we get the present people out of there.
Commissioner Dawkins: But we aren't taking any...
Mr. Jones: Yeah, that's what... We're in the process of evicting them now. I mean, that's why
this whole issue has come about.
Vice Mayor Plummer: But we aren't taking any action on this item.
Vice Mayor Plummer: You can't.
Mr. Dahl: May I...
Commissioner Dawkins: All right. So let's move to the next item on the agenda.
Commissioner De Yurre: Well, hold it, hold it.
Mr. Dahl: May I speak, please?
Commissioner De Yurre: Mr. Mayor...
Mr. Dahl: May I speak?
Commissioner De Yurre: Hold it a second. Mr. Mayor, if I may, I've been hearing horror
stories for quite some time now about the operation down at Bayside of the marina, and I've read
it in the newspaper, and I've heard it, and I've heard it behind City Hall walls, and I've heard it
from the tenants, that a lot of things are going on over there that should not be going on. Now, I
have a great concern that, yes, there are rules and procedures, but that some of these rules and
procedures are applied to some folks and not applied to others.
Mayor Clark: That's the problem.
Commissioner De Yurre: That's a serious problem. So it bothers me that if you're not in the
clique that I hears that exists, then you have to come here and be put in this position, because I
haven't heard anything different that they've done that others have not done already. I mean, I
hear it worldwide down there at Bayside that what they do, the others are doing to; that if
they've had problems, others have had problems, too. The same kinds of problems. Now, these
individuals, we have a situation wherein they were taken to court, they were either nolle-prossed,
or the charges were dropped, which means that they were not found at fault, or there was not
enough evidence to prosecute them, but yet, we want to run them through the wringer, when
others to the same degree have done more or less the same thing. So that bothers me. And I like
to be fair about these things. If we're going to go out... If I'm listening to what I'm hearing, that
there's ten million dollars ($10,000,000) made a year there, and we're only making like two
hundred dollars ($200) a month per slip, that's what they're grossing, then we're in the wrong
business.
Commissioner Dawkins: And we're picking up the garbage for free.
Commissioner De Yurre: OK? So I certainly echo what J.L. is saying, that we need to study this
situation, to go and put it out for bids. Whoever wants to get into this situation, they can - we're
more than glad to - make an offer as to what they want to pay us. We can set the minimum
amounts that we want, and we can start that procedure. And hopefully, in six months, in six
months, we can have people that are paying us, you know, five hundred, six hundred thousand
dollars a year ($500,000 - $600,000) a year, as opposed to the few thousand that we're getting.
59 June 1, 1995
Mayor Clark: All right.
Commissioner De Yurre: But meanwhile...
Mr. Odio: Second the motion. That's what we want to do.
Commissioner De Yurre: OK. But meanwhile, during that procedure, I want to keep these
people there, because it bothers me what else is going on, and these people are being singled out.
I would like to see them getting, where they're at, that they can get a contract for the duration of
the three months or six months till this comes back for an RFP, and then they can bid also, if
they want, or not. But at least I want them to have a fighting chance of staying in there, just like
everybody else has. That would be my motion.
Mr. Odio: The problem with that, Commissioner, is that Bayside will not - will not - agree to let
their clients have access to Bayside, period.
Mr. Dahl: If I may respond, Mr. Manager, the Crazy Clam can operate without being on
Bayside property at this time, and they have for the last several months. And with regard to what
Bayside says, certainly, we've got to listen to Bayside. And they have some interests that are
concurrent with those interests of the tour boats, and some interests that are against. And...
Mr. Odio: Well, Commissioner, if we're going to...
Mr. Dahl: But the way they're enforcing this is there's a great deal of favoritism being given to
Island Queen Tours, and everybody else is being forced out.
Mr. Odio: You're right. You know, we should kick all of them out. We are in agreement. We
should kick everyone out, but we should not bring you back.
Mr. Dahl: What you're going to do is you're going to put all of them out of business in the
meantime except for Island Queen Tours, who has the capability to stay. And that's...
Mr. Odio: Well, I don't know about that, because...
Mr. Dahl: Well, that's the noncompetitive...
Mr. Odio: All I know is that we have... We are not making... You're right that we're not
getting enough monies. The City is not getting enough monies. The Police Department is
complaining about your boats. I don't... I'm not there.
Mr. Dahl: That is not accurate.
Mr. Odio: Well, no, they...
Mayor Clark: Get your motion on the floor. We'll pass it.
Mr. Dahl: That's not accurate. It's not there...
Mr. Odio: Oh, OK.
Mayor Clark: All right. Please, please.
Commissioner De Yurre: Well, Mr. Mayor, my motion is that they be allowed to stay during the
duration of this RFP process where they're at; that they don't have to bother Bayside, they have
60 June 1, 1995
their own access there; and that so be it, and that we begin this RFP procedure immediately,
come back from the City Attorney's Office indicating how it can be done, and that we take it
from there.
Mayor Clark: Is there a second? Is there a second? I'll second the motion. Call the roll
Commissioner Dawkins: OK. All right. Under discussion.
Vice Mayor Plummer: Well, wait a minute. I got to ask a question, Mr. Mayor.
Commissioner Gort: It's not legal.
Mayor Clark: God.
Vice Mayor Plummer: How can we sanction something that's illegal?
Commissioner De Yurre: Such as?
Commissioner Dawkins: What's illegal?
Vice Mayor Plummer: Well, excuse me. The City Attorney is...
Mr. Jones: Well, they don't have... Commissioner, Commissioner De Yurre, they do not have
an agreement. They had a sublease with the original...
Commissioner De Yurre: Time out. Can we give them an agreement right now to be there for
three months?
Mr. Jones: If there's a space available. I don't know what the...
Commissioner De Yurre: There is and they have it.
Mr. Pajares: Mr. Mayor, may I speak on the issue a moment?
Mayor Clark: We got a motion on the floor, now. Are we going to beat this thing around, get it
in, or get it out?
Vice Mayor Plummer: No, Mr. Mayor, excuse me. The problem, I think, is the motion is
illegal. It's out of order, by virtue of the City Attorney.
Mayor Clark: Is the motion illegal?
Mr. Jones: Yes, it is.
Commissioner De Yurre: Why?
Vice Mayor Plummer: Because they are there illegally, Victor.
Commissioner De Yurre: They're not there... Hold it, J.L.
Vice Mayor Plummer: Now, what you're saying... Excuse me, Victor. Come back the other
way, and I'll vote with you. If there is a space available, we give it to them for the RFP process,
that I can vote for. But...
61 June 1, 1995
Commissioner De Yurre: No. J.L., they have right now a space that they're using right now,
today, they're using it.
Mr. Jones: Yeah, but they're using it illegally, Commissioner. That's what I'm telling you.
Commissioner De Yurre: OK. But that contract is over and done with. You give them a new
one for that space starting today.
Mr. Dahl: That's why they have applied for a new one, Mr. City Attorney, and quite simply, the
contract...
Commissioner Dawkins: Well, I will be truthful with you. I'm waiting to vote, to pass this, and
then I'm going to say give him a slip.
Commissioner De Yurre: That's it.
Mayor Clark: Dudik?
Commissioner Dawkins: That's right. That's what I'm saying.
Mr. Dahl: The City has the ability through its moorage and dockage agreement to lease out any
slip that is unoccupied, even if that slip...
Mr. Jones: I understand that. I mean, I'm. well aware of what the law is. I'm just telling you...
Mayor Clark: We're not getting anywhere here today.
Commissioner Dawkins: OK.
Mayor Clark: I'm going to move to table this item until you come up with an RFP, Mr....
Vice Mayor Plummer: I agree with that.
Commissioner Dawkins: All right. Well, what are we going to... Then they're out.
Commissioner De Yurre: No. I don't want to take any action on them, then, until this RFP
comes back.
Commissioner Dawkins: All right. Well...
Mayor Clark: Table the motion.
Vice Mayor Plummer: They're gone.
Mr. Jones: They've already been evicted.
Mayor Clark: The motion is to table. No discussion.
Vice Mayor Plummer: So be it. Bye-bye.
END OF DISCUSSION -- NO ACTION TAKEN
62 June 1, 1995
----------------------------------------------------------------------------------------------------------------
17. AUTHORIZE MANAGER TO PREPARE / ISSUE REQUEST FOR
QUALIFICATIONS (RFQ) SOLICITING RESPONSES FROM PRIVATE AIR
CARRIERS INTERESTED IN OPERATING / MANAGING / SERVICING, AS
SINGLE FIXED BASE OPERATOR, THE MUNICIPAL AIRPORT FACILITY
ON CITY -OWNED LAND AT WATSON ISLAND -- PROVIDE FOR
SELECTION COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. We're back on item 13, Mr. Cobb, are you here on this item?
Vice Mayor Plummer: What is 13?
Mayor Clark: All right. Item 13, the issue for a Request for Qualifications concerning Watson
Island.
Commissioner Dawkins: Thirteen.
Mayor Clark: Soliciting responses from private air carriers to operate municipal and air
transportation facility at Watson Island. Seaplanes and helicopters. Additional information,
please consult the bottom material, item 13.
Mr. Jack Luft: Commissioner, we would like to, with your permission, draft an RFP (Request
for Proposals) - an RFQ - excuse me, a Request for Qualifications. We will bring that draft RFQ
back to you individually for your review before it would be issued, give you each a chance to
review that, and individually, if you wish to have it reviewed again, we can bring it back. But if
it meets your approval, we would like to issue this. We're seeking qualifications for an operator
of what would become a municipal seaplane base and heliport on Watson Island. The City now
has one point six million dollars ($1.6 million) in FAA (Federal Aviation Administration) funds
earmarked for the island for municipal aviation facilities, and we qualify for up to 50 percent of
all costs from the Florida Department of Transportation for these.
Mayor Clark: Jack, is this study for the... where Chalk is now?
Mr. Luft: Yes, sir. This study that you have before you was paid for, 90 percent by the Federal
government, and ten percent by the State of Florida.
Mayor Clark: Is there a motion on this item?
Vice Mayor Plummer: Mr. Mayor, the only question I have is how much space will they take
up?
Commissioner Dawkins: Ten acres.
Mr. Luft: It's about ten acres. That's including parking.
Vice Mayor Plummer: Was there any consideration given to putting it on Virginia Key instead
of Watson Island? Let me tell you why I say that. OK?
Mr. Cesar Odio (City Manager):- Excuse me. Chalks cannot ffy - airplanes cannot -fly out of
Virginia Key.
63 _ _ ..June-1, 1995
Vice Mayor Plummer: They could if... But that's not my point.
Mr. Odio: There is not a channel to fly out.
Vice Mayor Plummer: They don't need a channel, Mr. Manager. OK?
Mr. Odio: They don't?
Vice Mayor Plummer: No, sir. The point I'm trying to make is the day... You will recall that I
came to the Manager when casino gambling was possibly going to be passed, one of the choice
locations... And they were willing, Mr. Mayor, to give a check to the City of Miami for one
million dollars ($1,000,000) to build a major hotel on Watson Island of a thousand rooms or
more. If you take out that availability or potential, and casino gambling ever does pass, this City
will lose a tremendous amount of revenue. So all I'm saying is, was there any... Chalk can stay
there. Chalk is there and has been there. You're operating now under a scenario called a
heliport, which doesn't need a channel. All it needs is a square to land a helicopter. And I'm
just asking, was there any consideration given to Virginia Key, for example, on a land fill that
we can't build a damn thing on, we've been precluded from using that territory, whatsoever, was
any consideration given to that? That's all I'm asking.
Commissioner Dawkins: Mr. Mayor.
Mr. Luft: Yes, sir, there has been, and the critical wildlife area, and the environmental concerns
on that would be a major stumbling block to trying to do that.
Vice Mayor Plummer: Jack, you can't tell me wildlife would even exist on the land fill...
Mr. Luft: No, sir.
Vice Mayor Plummer: ... because of the gases that are created.
Mr. Luft: The immediate...
Mayor Clark: Lot of raccoons over there.
Mr. Luft: The immediate fringe of that site is a nesting rookery that the Florida...
Mayor Clark: OK.
Commissioner Dawkins: OK. Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: I'm going to...
Mayor Clark: We are voting on this item now.
Commissioner Dawkins: I'm going to vote for you to put out the RFQ, but I'm going to inform
you now, don't come to me the day you're going to issue it with six pages of amendments. All
right? You have all your amendments in here before you get here.
Mr. Luft: Yes, sir.
64 June 1, 1995
Commissioner Dawkins: All right? Now, the other thing is, J.L., we could not put a hotel on
Watson Island. The people at Key Biscayne would die telling us about how much traffic they
would have to go through. We would have...
Vice Mayor Plummer: Not on Watson Island.
Mayor Clark: Virginia Key.
Vice Mayor Plummer: On Virginia Key.
Commissioner Dawkins: Virginia Key. Well, Virginia Key, the same... Well, how are you
going to put this and the motor pool or whatever you all are going to put over therefor, the motor
homes, on Virginia Key?
Vice Mayor Plummer: No, that's a different parcel of property.
Commissioner Dawkins: Same... It's all Virginia Key. I mean, y'all are just going to... You're
going to overload Virginia Key.
Vice Mayor Plummer: No.
Commissioner Dawkins: OK. I move it Mr. Mayor.
Vice Mayor Plummer: I second the motion. It's got to come back here. Just for your
edification, the old land fill, Commissioner Dawkins, we cannot use for any building. If you
remember, I tried to negotiate the stables for the horses over there. We got the money from the
County, and then the County said no way can you build on top of a landfill, and that's... We can
use...
Mayor Clark: Motion and a second. If there's no exception, cast a unanimous ballot, Mr. Clerk.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-459
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PREPARE AND
ISSUE A REQUEST FOR QUALIFICATIONS ("RFQ") SOLICITING RESPONSES
FROM PRIVATE AIR CARRIER(S) INTERESTED IN OPERATING, MANAGING
AND SERVICING, AS A SINGLE FIXED BASE OPERATOR, THE MUNICIPAL
AIRPORT FACILITY ON APPROXIMATELY TEN (10) ACRES OF CITY -OWNED
LAND LOCATED AT WATSON ISLAND, MIAMI, FLORIDA; PROVIDING FOR A
SELECTION COMMITTEE TO EVALUATE THE QUALIFICATIONS SUBMITTED
TO NEGOTIATE A CONTRACT AND RECOMMEND SAME FOR COMMISSION
APPROVAL AND AWARD.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
65 June 1, 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.
---------------------------------------- -----------------------------------------------------------------------
18. (Continued) DIRECT CITY ATTORNEY TO NEGOTIATE WITH
REPRESENTATIVE FOR GREGORY DENARO, ESQ. FOR ATTORNEY
FEES CHARGED FOR REPRESENTATION OF OFFICER JORGE LEON --
REQUEST CITY ATTORNEY TO COME BACK WITH
RECOMMENDATION. (See label 6)
Mayor Clark: Item number 19, is it?
Vice Mayor Plummer: Nineteen, yes.
Mayor Clark: Settlement. You recommend this, Mr. Attorney?
A. Quinn Jones, III, Esq. (City Attorney): It's not a settlement. It's a request for attorney's fees
apparently, for an Officer Leon, who is a companion case that you approved attorney's fees on at
the last meeting. The only thing I have before me is a letter that was sent by Ms. Dougherty, and
is requesting ninety-six thousand dollars ($96,000). I looked at the bill. The only thing I can tell
you is that in my opinion, it's a bit inflated, but again, it's up to you, if you want to approve it as
submitted.
Vice Mayor Plummer: Have you had the chance to evaluate?
Mr. Jones: Well, I compare it... I'll tell you what I did. I compared it with what was submitted
with the pprevious officer. And of course, this is at a much higher hourly rate, two hundred fifty
dollars ($250) an hour. So perhaps that makes a difference. But in going through both bills, I
see a lot of duplications, so I... And, of course, if this individual was lead counsel on both cases,
I cannot understand why there's a duplication in both. I mean for things such as picking up a
video or whatever, I... There's certain things that I just can't... I can't justify them.
Mayor Clark: All right. What do you have to say, Lucia?
Ms. Lucia Dougherty: Mr. Mayor, members of the Commission, Lucia Dougherty, 1221
Brickell Avenue, here today with Robert... I mean Robert Denaro - ha -ha. -ha - with Greg Denaro,
who was the lead counsel in this case. You, at the last Commission meeting or at the time before
approved the attorney's fees for the subordinate officer, or the subordinate attorney in this case.
Mr. Denaro was the person who did most of the investigation. He is the one who interviewed
most of the witnesses, took most of the depositions. This was a week trial. They acquitted the
66 June 1, 1995
officer, and we would request that you approve his attorney's fees. He can answer why his fees
were higher than the other counsel.
Mr. Gregory Denaro: First of all, there were two defendants in the case.
Mayor Clark: Name, please, sir.
Mr. Denaro: I'm sorry. Greg Denaro. Address, 3250 Mary Street, Coconut Grove, Florida.
There were two defendants on the case, an Officer Francisco Torres that was represented by
Albert Sarasua (phonetic), and myself, who represented Officer Jorge Leon. I was considered
the lead counsel to do most of the work in the case. That's why my bill is much higher.
Vice Mayor Plummer: Cesar, we're in the wrong business.
Mr. Denaro: That's why my bill is much higher. I was involved in the full investigation of
what's called Williams Rule witnesses, which were... The State was going to call approximately
six other individuals on six separate incidents against Officer Leon. They narrowed it down to
two witnesses, which means that there's about three trials. I concentrated on that, and I
concentrated on an investigation of certain time elements that they were going to try to show that
Officer Leon had time to beat this individual up between a log from Ward D and a log to the
Dade County Jail. In doing that, I had to feed and find out 160 names of people in that same
month of December that were taken from Ward D to the Dade County Jail. That was not a very
easy thing to do. The bottom line is that I expended a lot...
Commissioner Dawkins: Wait, hold it, hold it. I'm...
Mr. Denaro: OK.
Commissioner Dawkins: You lost me. You say you transferred people from what?
Mr. Denaro: Ward D... The incident occurred this way. The allegation against the officers were
that they took this individual to Ward D, which was at Jackson Memorial Hospital. He was a
prisoner. And then they had to transport him from Ward D of Jackson Memorial to the Dade
County Jail. The logs on that show that there is a 12 minute gap between taking him from Ward
D to the Dade Count Jail. In order to show that that was not an unusual gap, keeping in mind
that the lead detective who was going to testify it was going to take three minutes to do that, I
had to get the logs from Ward D of every individual in that same month who was taken from
Ward D and then taken to the Dade County Jail to show what the time elements were between
those two travelling distances.
Commissioner Dawkins: And you did that to win your case, and I should pay you for doing that.
Mr. Denaro: Yes.
Commissioner Dawkins: OK.
Mr. Denaro: Yes.
Vice Mayor Plummer: Well, Mr. Mayor, if I may.
Ms. Dougherty: Mr. Dawkins, let me just remind you that this is a police officer, working for
the City, who is wrongly accused of beating a prisoner, when this prisoner, before this, had
punched out an officer and broke his nose.
67 June 1, 1995
R1 r
Commissioner Dawkins: Ms. Dougherty.
Mr. Dougherty: Yes, sir.
Commissioner Dawkins: He could have taken two people and drawn a parallel. He did not have
to take all the people he took, in my opinion. OK, now? Now, all right, I hear you. But he
could have taken... He did not need to take as many people as he said he took to draw a parallel.
Vice Mayor Plummer: Let's defer it. He said he has to negotiate it.
Commissioner Dawkins: He could have taken two people and said these two and this third, and
we split the difference.
Mayor Clark: All right.
Vice Mayor Plummer. Mr. Mayor, if I may.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: I make a motion at this time... Ms. Dougherty, we've never had a case
here that the City Attorney did not have a right to negotiate. I'll put a time limit of the next
meeting on the 13th of July that you sit down and negotiate with the City Attorney. It sounds
like a little high to me, but I'lI look for his recommendation. So I'll move that this matter be
deferred until the next meeting.
Commissioner Dawkins: Second.
Mayor Clark: Thank you.
Ms. Dougherty: Thank you.
Mayor Clark: Cast a unanimous ballot. Thank you all.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-460
A MOTION DIRECTING THE CITY ATTORNEY TO NEGOTIATE WITH
REPRESENTATIVE FOR GREGORY DENARO, ESQ. FOR REQUESTED
ATTORNEY FEES IN THE AMOUNT OF $96,675 FOR REPRESENTATION OF
OFFICER JORGE LEON IN A CRIMINAL CASE WHILE PERFORMING HIS
DUTIES AS A MIAMI POLICE OFFICER; FURTHER REQUESTING THE CITY
ATTORNEY TO COME BACK WITH A RECOMMENDATION.
68 June 1, 1995
N
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
19. (A) EMERGENCY ORDINANCE: AMEND 11205 (CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE), AS IT
PERTAINS TO SPECIFIED PROJECTS IN PARKS & RECREATION
PROGRAM AREA BY REVISING PREVIOUSLY APPROVED
APPROPRIATIONS TO SCHEDULED CIP -- ESTABLISH NEW
CAPITAL IMPROVEMENT PROJECT.
(B) VICE MAYOR PLUMMER REMINDS CHIEF GIMENEZ THAT HE
WAS REQUESTED TO CONTACT REPRESENTATIVES OF
RESCUE VEHICLE INDUSTRY TO ASCERTAIN WHETHER CITY
HAD OBTAINED BEST DEAL ON PURCHASE OF 10 NEW
RESCUE VEHICLES FROM SOUTHERN AMBULANCE, AND
REPORT BACK TO COMMISSION.
Mayor Clark: Item number 20.
Vice Mayor Plummer: Twenty, move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Read the ordinance.
Vice Mayor Plummer: It's four -fifths, Mr. Mayor.
Mayor Clark: Read the ordinance.
Commissioner Dawkins: You need four -fifths? OK. I'm going...
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.]
Mayor Clark: Would you read the ordinance.
Mr. Eduardo Rodriguez: Mr. Mayor.
69 June 1, 1995
i
Mayor Clark: Call the roll... What?
Mr. Cesar Odio (City Manager): We need to add the appropriations number for the...
Mr. Rodriguez: For the fire trucks.
Mr. Odio: ... Fire Rescue trucks that we are buying.
Mr. Rodriguez: That you approved at the last Commission meeting. It's a technicality only.
Mr. Odio: It's a technicality.
Vice Mayor Plummer: Whoa, whoa, whoa. Excuse me.
Mr. Odio: The Fire Rescue trucks you approved at the last Commission meeting.
Mayor Clark: Yeah, we did.
Vice Mayor Plummer: Sir, there was also a provision put on that, that they would meet with the
industry, and that I would be notified and invited to the meeting. The meeting was never called.
I was not invited, and I'm asking that, that was a provision then and it's a provision now. I told
you that...
Mr. Rodriguez: That's fine.
Mr. Odio: This has nothing to do with the buying of the trucks. This is just appropriating the
monies so we can buy it when you have the meeting or whatever.
Commissioner Gort: If you do decide to do it.
Mr. Rodriguez: It will not change anything, Commissioner.
Vice Mayor Plummer: How does that... Oh, this is part of this appropriations ordinance?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Oh, I'm sorry. OK. Fine.
Mayor Clark: Call the roll.
70 June 1, 1995
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11205,
ADOPTED NOVEMBER 17, 1994, THE CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE, AS IT PERTAINS TO SPECIFIED PUBLIC
SAFETY AND PARKS AND RECREATION PROJECTS, BY REVISING
PREVIOUSLY APPROVED APPROPRIATIONS TO SCHEDULED CAPITAL
IMPROVEMENTS PROJECTS; BY ESTABLISHING NEW CAPITAL
IMPROVEMENT PROJECTS IN THE SUMS AND FUNDED FROM THE
SOURCES SPECIFIED HEREIN; AND CLARIFYING NUMBERING;
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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11271.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mr. Odio: Just a minute, because I need to clarify something, Mr. Mayor. We did not
understand you had to be part of that meeting. You said to meet with them.
Vice Mayor Plummer: I said to meet with them and...
Mr. Odio: And we did. We did meet with them.
71 June 1, 1995
Vice Mayor Plummer: And ask me to meet the people. Pull the record. If it's not on the
record...
Mr. Odio: Tell him what they said.
Vice Mayor Plummer: You will find that I asked to be invited and notified of that meeting. I
was never notified.
Mr. Odio: We are notifying you now that we had the meeting yesterday.
Chief Carlos Gimenez: I wasn't aware that you wanted to be part of that meeting. We had that
meeting yesterday.
Vice Mayor Plummer: Well, if I... If I'm incorrect, then you go ahead. If I'm correct, then
you'll put it over till the next, and invite me to the meeting.
Mr. Odio: OK. I would like to get the transcript.
Vice Mayor Plummer: That's it. It's just that simple. I know what I said.
Mayor Clark: Get the transcript.
Mr. Odio: Well, can we tell you... We can tell you in two seconds what happened yesterday.
Vice Mayor Plummer: Sir, you can't tell me that I asked, and I asked of him direct, to send me a
set of specifications, because they had changed. I have not gotten those specifications yet. How
can I go out and try to save the City money?
----------------------------------------------------------------------------------------------------------------
20. EMERGENCY ORDINANCE: AMEND CODE CHAPTER 18 (FINANCE),
SECTION 18-68 -- REDEFINE TERM: MINORITY AND WOMEN -OWNED
BUSINESS ENTERPRISE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item 22.
Vice Mayor Plummer: What about 21, Mr. Mayor? I move 21.
Mayor Clark: An ordinance relating to the City's Minority Women Business Program. Call the
roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 18, ENTITLED
"FINANCE," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY REDEFINING THE TERM "MINORITY AND WOMEN -
OWNED BUSINESS ENTERPRISE," IN SECTION 18-68 OF THE SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
72 June 1, 1995
J
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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11272.
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:
Mayor Clark: Were you in favor of this?
Ms. Sylvia Seaton: No. I'd like to speak on the issue, if I may.
Mayor Clark: When we get to the second roll call, you're halfway there. Go ahead. Give us
your name.
Ms. Seaton: My name is Sylvia Seaton. I represent First Equity Corporation. We're a locally
headquartered firm. We've been in business for 26 years, and I am in totally in favor of your
support of minority locally headquartered firms. However, I believe that this excludes non -
minority locally headquartered firms, and I'd like your consideration to include them as well.
Mayor Clark: All right. Thank you for your input.
Vice Mayor Plummer: Now, she's saying that it would exclude non -minority firms.
Mr. Walter Foeman (City Clerk): Continuing roll call. Commissioner Dawkins.
Vice Mayor Plummer: Well, excuse me. Let me ask this question, because it was my
understanding that this bid was to correct a problem that we had where if you had 25 employees
73 June 1, 1995
or two million dollars ($2,000,000) that you were excluded, and all I'm understanding, that is
what this did, was to correct, because banks need a million - five million ($5,000,000) to start,
they couldn't be a minority. There's no such thing under our circumstances, minority. Now, as I
understand it, that's all this did, was to correct that provision.
Ms. Seaton: For minority -owned firms, but not for locally headquartered firms.
Vice Mayor Plummer: There was no provisions on other firms.
Mr. Odio: The idea is to try to help the minority firms.
Vice Mayor Plummer: Well, it was...
Ms. Seaton: And locally headquartered firms, I would hope so.
Mr. Jones: Well, the City has a local preference of - a local preference...
Vice Mayor Plummer: Yeah, you have a local preference already.
Mr. Jones: ... or if they want to give a local preference. OK?
Vice Mayor Plummer: The local preference is ten percent.
Mayor Clark: All right. Second roll call.
Ms. Seaton: OK, thank you.
Mayor Clark: Thank you, ma'am.
74 June 1, 1995
-------------------- ------------------------------------------------------------------------------------------
21. (A) FIRST READING ORDINANCE -- ESTABLISH 7 NEW SPECIAL
REVENUE FUNDS: (1) JTPA TITLE IIA/NEIGHBORHOODS JOBS
PROGRAM (PY'95), (2) JTPA TITLE IIC/NEIGHBORHOODS JOBS
PROGRAM (PY'95), (3) DHRS/RCA (ER'96), (4) JTPA TITLE III
DISLOCATED WORKERS PROGRAM (PY'95), (5) JTPA TITLE IIB
SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM
(PY'96), (6) OFFICE OF INTERGOVERNMENTAL LIAISON
(PY'95), AND (7) J.O.B.S. PROGRAM (PY'95) -- APPROPRIATE
FUNDS, RESPECTIVELY, FROM U.S. DEPARTMENT OF LABOR
GRANT AWARDS: (1) $800,000, (2) $800,000, (3) $100,000, (4)
1,200,000, (5) $500,000, (6) $50,000, AND (7) $150,000 --
AUTHORIZE MANAGER TO ACCEPT GRANT AWARDS AND
ENTER INTO NECESSARY AGREEMENTS WITH SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM --
MODIFY FOR SECOND READING.
(B) VICE MAYOR PLUMMER DIRECTS ADMINISTRATION TO
EVALUATE CITY'S INVOLVEMENT IN ABOVE PROGRAM AND
REPORT BACK TO THE COMMISSION REGARDING STUDY
PREPARED BY THE PRIVATE INDUSTRY COUNCIL (PIC).
Mayor Clark: Twenty-three.
Mr. Cesar Odio (City Manager): Twenty-two, Mr. Mayor.
Vice Mayor Plummer: Twenty-two.
Mr. Odio: On 22, I would need to put on the record that this appropriation ordinance may have
to be changed for second reading. We have been notified that there will be a substantial
reduction of funding in these programs.
Mayor Clark: All right. Read the ordinance. Moved by Mr. Dawkins, seconded by Mr. Gort.
Call the roll.
Vice Mayor Plummer: Can I ask that the City Administration evaluate the City's involvement in
this program and report back to this Commission that which was a study done by the Private
Industry Council, and let this Commission know exactly what's going on. I so ask.
Mayor Clark: All right. Call the roll.
75 June 1, 1995
An Ordinance entitled -
AN ORDINANCE ESTABLISHING SEVEN (7) NEW SPECIAL REVENUE
FUNDS ENTITLED: "JTPA TITLE IIA/NEIGHBORHOODS JOBS PROGRAM
(PY'95)", "JTPA TITLE IIC/ NEIGHBORHOODS JOBS PROGRAM (PY'95)",
"DHRS/RCA (ER'96)", "JTPA TITLE III DISLOCATED WORKERS PROGRAM
(PY'95)", "JTPA TITLE IIB SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM (PY'96)", "OFFICE OF INTERGOVERNMENTAL LIAISON (PY'95)",
AND "J.O.B.S. PROGRAM (PY'95)" AND APPROPRIATING FUNDS FOR
OPERATION OF EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF
$800,000, $800,000, $100,000, $1,200,000, $500,000, $50,000 AND $150,000 FROM
U.S. DEPARTMENT OF LABOR GRANT AWARDS; AUTHORIZING THE CITY
MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARDS AND
ENTER INTO THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Dawkins, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
--------------------------------- -------------------------------------- -----------------------------------------
22. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND:
TRAINING / ENTREPRENEURIAL FUND -- APPROPRIATE FUNDS
($100,000) FROM REVENUE PRODUCED BY TRAINING /
ENTREPRENEURIAL ACTIVITY -- AUTHORIZE POLICE DEPARTMENT:
(a) TO ACCEPT MONIES FROM POLICE TRAINING ACTIVITIES TO BE
DEPOSITED IN SAID SPECIAL FUND, AND (b) TO EXPEND SAID
MONIES FOR PRODUCTION / DEVELOPMENT OF LAW ENFORCEMENT
TRAINING SEMINARS / COURSES / RELATED EQUIPMENT.
Mayor Clark: Item 23.
Commissioner Dawkins: Item 23, Mr. Mayor...
Mayor Clark: Law Enforcement Trust Fund.
76 June 1, 1995
Commissioner Dawkins: It says that appropriating funds in an amount not to exceed a hundred
thousand dollars ($100,000)...
Mayor Clark: That's right.
Commissioner Dawkins: ... for the production and development of the the Law Enforcement
Trust Funds. Then it goes on to say that seed money for this training activity will come entirely
from Law Enforcement Training Trust Funds. Then in the next paragraph, it says - the last
paragraph - the program will be self-sufficient and no funds derived from general fund
allocations will be expended in this program. I would like to add, nor any from the LEF (Law
Enforcement Funds) funds. If you're saying...
A. Quinn Jones, III, Esq. (City Attorney): Well, this is separate...
Commissioner Dawkins: If you're saying it's going to be self-sufficient, then it will be self-
sufficient. If it's not going to be self-sufficient, say, we will support it in its entirety.
Mr. Jones: Commissioner, that's what this ordinance does. It sets up a separate fund all
together, which would be separate and apart from...
Commissioner Dawkins: Mr. Jones, read... Read the last paragraph, Mr. Jones.
Mr. Jones: Of the ordinance?
Commissioner Dawkins: Yes - no, of the backup here, where it says... 23, read the last
paragraph.
Mr. Jones: The last sentence or the last paragraph.
Commissioner Dawkins: No, the last sentence would be fine.
Mr. Jones: The program will be self-sufficient, and no funds derived from general fund
allocations will be expended in the program.
Commissioner Dawkins: Now, but up here, it says the money is going to come from Law
Enforcement Training Funds. So...
Mr. Jones: Law Enforcement Training Trust Fund is not the same as the Law Enforcement Trust
Fund.
Commissioner Dawkins: But I don't want any to come from that, Mr. Jones.
Mr. Jones: You don't want any to come from where?
Commissioner Dawkins: From no place but where they said that this program will generate
enough funds to operate itself. That's what it says here.
Lt. Joseph Longueira: Commissioner, but what we're looking for is seed money to start the
whole thing going.
Commissioner Dawkins: That's what I'm... Now, we're on the same wavelength there.
Lt. Longueira: After that, we agree that we won't need additional monies. It should be self-
sufficient.
77
June 1, 1995
Commissioner Dawkins: No, it will be, or you won't have it.
Lt. Longueira: Yes, right. Above...
Commissioner Dawkins: Now, see, you and I are saying the same thing. I just want the City
Attorney to hear what I'm saying, OK?
Mr. Jones: I understand, sir. OK.
Lt. Longueira: Right. After the hundred thousand ($100,000), it will be self-sufficient.
Commissioner Dawkins: So you should say, then, "We need a hundred thousand dollars
($100,000) seed money." Don't put down here "seed money," and I don't know what you're
talking about.
Lt. Longueira: Right.
Vice Mayor Plummer: Mr. Mayor...
Commissioner Dawkins: You want a hundred thousand dollars ($100,000) to start this program.
Lt. Longueira: Yes, sir.
Vice Mayor Plummer: Mr. Mayor, I have a concern.
Commissioner Dawkins: OK. Well, would you... OK, go ahead. I yield to J.L.
Mayor Clark: I'm trying to set a record.
Vice Mayor Plummer: Were you finished? I'm sorry. I'll wait.
Commissioner Dawkins: Go ahead. No, I wasn't finished. Go ahead.
Mayor Clark: Go ahead. What is your concern?
Vice Mayor Plummer: Mr. Mayor, I am in receipt of a memo which I think we all received this
morning, and I find it difficult to believe that other cities are possibly - I'd hate to say smarter
than we are. But I received a memo from the Police Chief to the Manager, a copy of which we
all have, in relation to these LEF (Law Enforcement) funds. Mr. Mayor, other cities are using
these funds for other processes. And I know the Manager has told me before, "Well, they're
doing it illegally," but yet, they've not been called on...
Lt. Longueira: Commissioner, that's a different fund.
Vice Mayor Plummer: May I finish?
Lt. Longueira: Yes.
Vice Mayor Plummer: I found out from a City - I think it was in West Palm Beach - they're
using some of these funds to establish what we do with the NET (Neighborhood Enhancement
Team) programs - one time expenditures for police related matters - and yet, we are using
general funds. Now, it would seem like to me that the Manager, who is very - and I applaud him
for being very protective of the general fund. Couldn't you contact these other cities - because I
78 June 1, 1995
haven't one of these other cities yet be called on the carpet by the Attorney General - to find out
why we can't use in the same ways that other cities are using?
Mayor Clark: Ask them how they're breaking the law?
Vice Mayor Plummer: Sir, it would....
Mr. Jones: Well, sir...
Vice Mayor Plummer: Excuse me. That's their contention, Mr. Mayor, that they're breaking the
law.
Mr. Jones: Well...
Vice Mayor Plummer: Other cities are saying that it's not.
Commissioner Dawkins: J.L....
Vice Mayor Plummer: And we're talking millions of dollars.
Commissioner Dawkins: J.L., this is not the first or the third time we've been through this. If
you'll make a motion of what you want the Manager to do, and bring it back to us, I will second
the motion.
Mr. Odio: Before you do that...
Vice Mayor Plummer: Yeah.
Mr. Odio: ... what you're saying sounds good, but we don't have any money in the Law
Enforcement Trust Fund.
I
Vice Mayor Plummer: Well...
Mr. Odio: If we were goingto o out and saywe decided that you could buy police cars
couldn't do it, because we do't have the moneto do it. y y p we
F<<;
r
Commissioner Dawkins: No, don't say it like that. Don't say it...
Mr. Odio: We don't have the money.
Commissioner Dawkins: But don't say it like that.
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Say we don't have the money, and there's a possibility we may not
recoup any.
Mr. Odio: There's a simple rule about Law Enforcement Trust Fund.
Commissioner Dawkins: I'm just saying though, I'm just saying, don't say you don't have any,
because we may go out tomorrow and make a bust and come up with a million dollars
($1,000,000).
Vice Mayor Plummer: My motion...
79 June 1, 1995
r--�
Mr. Odio: Oh, sure, sure.
Commissioner Dawkins: But that's not dedicated revenue that you can hang your hat on.
Mr. Odio: But as I understand it, and we have talked to the Attorney General... I have
personally called Butterworth, and they have said that it's only one time funding. You cannot
buy a fire truck, as other cities has done, with Law Enforcement Trust Fund, because you're use
the fire truck for 15 years.
Commissioner Dawkins: No, we aren't going to buy any fire trucks. We aren't going to buy any
fire trucks. We aren't...
Mr. Odio: But other cities have done it.
Commissioner Dawkins: We will not do that.
Vice Mayor Plummer: It's not doing that, Mr. Dawkins, but you could buy for setting up police
substations in the NET offices. You could use the money for that. All I'm saying is that if we
can use it, fifty thousand ($50,000) to support a soccer league, we could use it for some other
areas that I think...
Commissioner Dawkins: Well, let's put the soccer league in the NET office. Come on.
Mr. Odio: Commissioner, Commissioner, you cannot.
Mayor Clark: You know what? We could have been out of here at ten o'clock.
Commissioner Dawkins: That's right.
Mayor Clark: If everybody would have been quiet, we would have been out of here at ten
o'clock.
Vice Mayor Plummer: And accomplished nothing.
Mayor Clark: What do you want to do on this item?
Vice Mayor Plummer: We're moving it.
Mr. Odio: I just want to say the key word on Law Enforcement Trust Fund is "recurring." If
you have a program that is in existence that has been budgeted, like the NET program, you
cannot fund it from Law Enforcement.
Commissioner Dawkins: That has nothing to do with 23. The Mayor says, what are we going to
do on 23?
Vice Mayor Plummer: We're going to move it.
Mr. Odio: I hope you pass it.
Commissioner Dawkins: That's the Mayor's question. What are we going to do on 23?
Mayor Clark: Move 23?
80 June 1, 1995
9
1
Vice Mayor Plummer: Yeah, it's moved.
Commissioner Dawkins: Move it.
Mayor Clark: Motion and a second.
Commissioner Dawkins: All right. And add that it's a one time expense from the Law
Enforcement Trust Fund.
Mr. Odio: Right. That it would...
Commissioner Dawkins: One time expenditure.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"TRAINING/ENTREPRENEURIAL FUND"; AUTHORIZING THE
APPROPRIATION OF FUNDS FOR THE OPERATION OF SAID SPECIAL
REVENUE FUND IN AN AMOUNT NOT TO EXCEED $100,000, FROM THE
REVENUE PRODUCED BY THE TRAINING/ENTREPRENEURIAL ACTIVITY;
AUTHORIZING THE POLICE DEPARTMENT TO ACCEPT MONIES FROM
POLICE TRAINING ACTIVITIES TO BE DEPOSITED IN SAID SPECIAL
REVENUE FUND; FURTHER AUTHORIZING THE POLICE DEPARTMENT TO
EXPEND SAID MONIES FOR THE PRODUCTION AND DEVELOPMENT OF LAW
ENFORCEMENT TRAINING SEMINARS, COURSES AND FOR RELATED
EQUIPMENT; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
81 June 1, 1995
----------------------------------------------------------------------------------------------------------------
23. FIRST READING ORDINANCE: AMEND CODE CHAPTER 31
(OCCUPATIONAL LICENSES AND ADMINISTRATIVE FEES) -- DELETE
ARTICLE II. SCHEDULE OF OCCUPATIONAL LICENSE TAXES, AND
SUBSTITUTE NEW ARTICLE II INSTITUTING NEW OCCUPATIONAL
LICENSE CLASSIFICATION AND RATE SCHEDULE FOR PERSONS /
ENTITIES DOING BUSINESS IN CITY OF MIAMI -- INCREASE
OCCUPATIONAL LICENSE TRANSFER FEES -- REQUIRE
OCCUPATIONAL LICENSE TO DO BUSINESS WITH THE CITY / ITS
AGENCIES.
Mayor Clark: Item 24.
Vice Mayor Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: Second. Call the roll. Call the roll.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS, RELATING TO OCCUPATIONAL
LICENSES AND ADMINISTRATIVE FEES; AMENDING CHAPTER 31 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, BY DELETING SAID CHAPTER'S
EXISTING "ARTICLE II. SCHEDULE OF OCCUPATIONAL LICENSE TAXES" IN
ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW ARTICLE II
INSTITUTING A NEW OCCUPATIONAL LICENSE CLASSIFICATION AND RATE
SCHEDULE FOR PERSONS OR ENTITIES DOING BUSINESS IN THE CITY OF
MIAMI; INCREASING OCCUPATIONAL LICENSE TRANSFER FREES;
REQUIRING OCCUPATIONAL LICENSE TO DO BUSINESS WITH THE CITY OF
MIAMI AND/OR ITS AGENCIES; CONTAINING A REPEALER PROVISION;
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Mayor Plummer: Congratulations.
82 June 1, 1995
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24. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH ALCALDE &
FAY -- FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES
CONCERNING FEDERAL LEGISLATION WHICH IMPACTS ON CITY OF
MIAMI -- ALLOCATE FUNDS ($49,950), PLUS $15,000 FOR
REIMBURSABLE EXPENSES, FROM LEGISLATIVE LIAISON GENERAL
FUND.
Mayor Clark: Item 25.
Commissioner Dawkins: On 25, is the firm here?
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Dawkins: Where are they?
Vice Mayor Plummer: Is there anything in particular that they're going to represent us in?
Mr. Odio: They are right now working with us on the flood control bill, and also with
Washington and Christian (phonetic). They're also working on the crime bill package, and
they're also going to... I believe the other one is... On the homeless issue, that's what they're
working.
Commissioner Dawkins: For the record...
Vice Mayor Plummer: How was this particular firm chosen?
Mr. Odio: They have been with us now for the last...
Commissioner Dawkins: This is the firm that Mr. Sylvester Lucas is associated with, J.L.
Plummer. That's how they got it. OK? What else you want to know?
Vice Mayor Plummer: Move it.
Commissioner Dawkins: All right, that's all.
Mayor Clark: Second. Call the roll.
83 June 1, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-461
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH ALCALDE & FAY, FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL
LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $49,950 FOR SAID
SERVICES, AND IN AN AMOUNT NOT TO EXCEED $15,000 FOR
REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON GENERAL
FUND.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
25. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MONTE
CARLO CASINO CRUISES FOR DOCK SPACE AT CITY -OWNED
MIAMARINA.
Mayor Clark: Item 26.
Commissioner Dawkins: Twenty-six.
Vice Mayor Plummer: I would assume this will be...
Mr. Odio: I would like to defer this. I think that if we're going to look at the whole issue...
Mayor Clark: Commissioner, Come on up. Come on up here.
Mr. Odio: But I think this gives you a minimum standard of what we should be getting for a
commercial boat.
Vice Mayor Plummer: No less than.
84 June 1, 1995
Mr. Odio: And that includes here also.
Mayor Clark: I know you're here on this, but we have got an RFQ (Request for Qualifications)
going out now?
Mr. Odio: No, I'd like to put this aside until we go out with the RFP (Request for Proposals),
right.
Vice Mayor Plummer: Withdraw it.
Mr. Odio: I withdraw this. I would like to include in the RFP, so it's clear, Dinner Key, also.
Mayor Clark: This is better. We're going to get the whole thing at one time.
Unidentified Speaker: OK. Thank you. Thank you. No comment, further comment.
Mayor Clark: Thank you, sir. I'm sorry you had to wait a little bit, but... All right. That gets
deferred, Mr. Clerk.
NOTE FOR THE RECORD: At this point, agenda item number 26
was deferred.
----------------------------------------------------------------------------------------------------------------
26. AUTHORIZE MANAGER TO EXECUTE CONFIRMATION OF
SUBORDINATION AGREEMENT WITH CODEC, INC. AND BARNETT
BANK OF SOUTH FLORIDA, N.A. CONCERNING FINANCING OF 150-
UNIT MELROSE TOWNHOME PROJECT IN ALLAPATTAH
NEIGHBORHOOD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 27. Item 27. A hundred and fifty to Melrose Townhouse.
Mr. Cesar Odio (City Manager): This is to... a confirmation of subordination agreement between
the City of Miami and Codec, and Barnett Bank of South Florida. It's just a technical
transaction.
Mayor Clark: OK. Is there a motion?
Vice Mayor Plummer: Well, it's more than a technical. The bank screwed up, and now they're
asking us to clarify and rectify. Let it be known that this City Commission, in its great wisdom
and forgiveness is going to be nice to you, but you'll remember it in the future. OK? I move
item 27.
Mayor Clark: Second.
Vice Mayor Plummer: Call it like it is.
Commissioner Gort: Second.
85 June 1, 1995
Mayor Clark: Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-462
A RESOLUTION, WITH ATTACHMENT, RELATING TO THE 150 UNIT
MELROSE TOWNHOME PROJECT LOCATED IN THE ALLAPATTAH
NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED CONFIRMATION OF SUBORDINATION AGREEMENT BETWEEN
THE CITY OF MIAMI, CODEC, INC. AND BARNETT BANK OF SOUTH
FLORIDA, N.A. IN CONNECTION WITH THE FINANCING OF THE MELROSE
TOWNHOME PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
27. CONFIRM / APPOINT MEMBERS TO REVIEW COMMITTEE TO
EVALUATE PROPOSALS RECEIVED CONCERNING REQUEST FOR
PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT OF A MEGA YACHT
MARINA AND RELATED FACILITIES ON WATSON ISLAND. (Appointed
were: Manny Fernandez, Captain Bob Lewis, Matthew Cicero, Mark Smith, &
Tucker Gibbs. Staff members: Carlos Gimenez, Allan Poms, Laura Lutes &
Courtney Allen.)
Mayor Clark: Item 28.
Vice Mayor Plummer: I'll hold my... I assume we each have one; is that correct?
Mr. Cesar Odio (City Manager): You appointed Captain Bob Lewis.
Vice Mayor Plummer: Couldn't do better.
Mr. Odio: And Commissioner De Yurre appointed Matthew Cicero, and Commissioner Gort
had appointed Mark Smith.
86 June 1, 1995
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Commissioner Gort: That's right.
Mr. Odio: We need now a nomination from Mayor Clark and one from Commissioner Dawkins.
Commissioner Dawkins: Bear with me.
Vice Mayor Plummer: We couldn't do better than Bob Lewis.
Mr. Jack Luft: We had received from the Mayor's office the name, Manny Fernandez for the
marina, if you wish to confirm that here.
Mayor Clark: Manny Fernandez.
Mr. Luft: For the Mega Yacht Marina, that was from your office.
Mayor Clark: If I said that, yes.
Mr. Luft: Yes, OK. We need to confirm that on the record here today.
Vice Mayor Plummer: Second the motion.
Mayor Clark: Manny Fernandez. Cast a unanimous ballot.
Mr. Luft: OK.
Vice Mayor Plummer: Now, the Committee for Miami Marine Stadium.
Mr. Odio: You need one more appointment there from Commissioner Dawkins.
Mr. Luft: From Commissioner Dawkins.
Mayor Clark: Dawkins. it ..
Commissioner Dawkins: OK. I got...
Commissioner Gort: He's looking for it.
Commissioner Dawkins: I got... OK.
Mayor Clark: He appoints Christopher Columbus.
Commissioner Dawkins: Which one we want, now?
Mr. Odio: On the Mega Yacht Marina, sir.
Mr. Luft: The marina for Watson Island.
Mr. Odio: Number 28.
Vice Mayor Plummer: Mega Yacht, 28.
Mr. Luft: Twenty-eight, we need a name from you.
Commissioner Dawkins: Mega Yacht. Who did I put on the Mega Yacht?
87 June 1, 1995
Vice Mayor Plummer: You know, the problem here is that we're tying these people up 40 and
60 hours, right?
Mr. Luft: No. There's basically going to be two meetings.
Vice Mayor Plummer: OK. Well, one of them...
Mr. Luft: Meetings are about three hours.
Vice Mayor Plummer: You send me a memo once before that there was some other project,
there was 20 to 40.
Mr. Luft: Well, they're going to have to read these reports on their own time.
Commissioner Dawkins: OK. I knew I had it. W. Tucker Gibbs.
Mr. Luft: Tucker Gibbs?
Commissioner Dawkins: Yes.
Mr. Luft: For the Watson.
Commissioner Dawkins: Mega Yacht right here.
Mr. Luft: OK.
Commissioner Dawkins: All right.
Mr. Luft: All right.
Vice Mayor Plummer: Ha -ha-ha. You just got a square mouth.
Commissioner Dawkins: Of course, of course.
88 June 1, 1995
W
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 95-463
A RESOLUTION CONFIRMING THE APPOINTMENT OF CERTAIN
INDIVIDUALS AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO
EVALUATE PROPOSALS RECEIVED IN CONNECTION WITH A REQUEST FOR
PROPOSALS FOR THE UNIFIED DEVELOPMENT OF A MEGA YACHT MARINA,
AND RELATED FACILITIES ON WATSON ISLAND, ISSUED ON MAY 1, 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 Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
28. (A) CONFIRM / APPOINT MEMBERS TO REVIEW COMMITTEE TO
EVALUATE PROPOSALS RECEIVED CONCERNING REQUEST
FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT OF A
MIAMI MARINE STADIUM AND RELATED FACILITIES ON
VIRGINIA KEY. (Appointed were: Tad Templeton, Teresa Benach,
Joseph Corral, Rev. John White & Michael Dudik. Staff members: Phil
Luney, Terry Buice, Charlene Adelman & Maria Perez.)
(B) CONFIRM / APPOINT MEMBERS TO REVIEW COMMITTEE TO
EVALUATE PROPOSALS RECEIVED CONCERNING REQUEST
FOR PROPOSALS (RFP) FOR UNIFIED DEVELOPMENT OF A
CAMPGROUND AND RELATED FACILITIES ON VIRGINIA KEY.
(Appointed were: John Kiskinis, Gene Hancock, Rolando Delgado, Betty
Sime, Linda Eads [or designee], Don Chinquina, Danielle Bazin & Amy
Fleisher. Staff members: Sergio Rodriguez, Herbert Bailey, Eduardo
Rodriguez, Courtney Allen [replacing Frank May], Terrence Griffin,
Ana Gelabert & Terry Buice.)
----------------------------------------------------------------------------------------------------------------
Mr. Luft: All right. On the Marine Stadium, we have from the Mayor's office, Mr. Tad
Templeton.
Mayor Clark: Yeah.
Mr. Luft: And we're confirming that here. And from you, Commissioner Dawkins.
89 June 1, 1995
Mayor Clark: Confirmed by...
Commissioner Dawkins: Michael A. Dudik, the guy from "CELEBRATION."
Mr. Cesar Odio (City Manager): Dudik.
Commissioner Dawkins: Dudik.
Vice Mayor Plummer: Who did I appoint to that.
Mr. Luft: Terry Benach.
Vice Mayor Plummer: OK.
Mr. Luft: For Marine Stadium. And on the Virginia Key Campground, we have, again, from the
Mayor's office, John Kiskinis.
Mayor Clark: Yeah, Kiskinis.
Mr. Luft: OK. We're confirming that. And from...
Vice Mayor Plummer: Who did I appoint?
Mr. Odio: You appointed...
Mr. Luft: And from you, Gene Hancock.
Vice Mayor Plummer: That's fine.
Mr. Luft: OK. And from Commissioner Dawkins, on the campground.
Commissioner Dawkins: I will appoint Linda Eads, the principal of MAST (Maritime and
Science Technology) Academy, or her appointee if she cannot serve.
Mayor Clark: Oh, she can serve. She's good at it, too.
Commissioner Dawkins: OK.
Mr. Luft: All right. Linda Eads. I will remind you thliit at a prior Commission meeting, you had
asked that two students...
Commissioner Dawkins: You already put two youths on there. I have an appointment, right?
Mr. Luft: OK. Just...
Commissioner Dawkins: I put Linda Eads.
Mr. Luft: Fine. Just reminding you.
Commissioner Dawkins: OK? The two students do not belong to me.
Mr. Luft: That's right.
Commissioner Dawkins: They belong to the Commission.
90 June 1, 1995
Mr. Luft: That's right.
Commissioner Dawkins: So Linda Eads is my appointment.
Mr. Luft: Thank you, sir.
Commissioner Dawkins: OK.
Mayor %lark: Cast a unanimous ballot...
Commissioner Gort: Wait a minute. I've got to make mine. The Honorable Betty Sime, Vice
Mayor of...
Vice Mayor Plummer: Who?
Mayor Clark: Willy Sims?
Commissioner Gort: No, no. Betty Sims.
Vice Mayor Plummer: Who?
Commissioner Gort: Betty Sims or Simons.
Mr. Luft: Betty Sime.
Commissioner Gort: Sime, sorry. They misspelled it in here. They put Sims.
Mr. Luft: OK. From Commissioner Gort.
Commissioner Gort: Yes, sir.
Mr. Luft: All right. That was in the resolution.
Mayor Clark: All right. Cast a unanimous ballot for those appointments, Mr. Clerk. Item
number 30. What else do we have?
Mr. Luft: Thirty is the campground.
Vice Mayor Plummer: Yeah, we did 30.
Mayor Clark: No, we're up to 30 now.
91 June 1, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-464
A RESOLUTION CONFIRMING THE APPOINTMENT OF CERTAIN
INDIVIDUALS AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO
EVALUATE PROPOSALS RECEIVED IN CONNECTION WITH A REQUEST FOR
PROPOSALS FOR THE UNIFIED DEVELOPMENT OF A MIAMI MARINE
STADIUM AND RELATED FACILITIES ON VIRGINIA KEY, ISSUED ON MAY 3,
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.
Mr. Luft: Yes. On the record, Mr. Attorney, do I need to change the name of a staff member
who's retired on the staff selection, or could the Manager?
A. Quinn Jones, III, Esq. (City Attorney): Well, you can so that the record would be proper.
Mr. Luft: Right. On the Virginia Key Campground, we would like to replace Frank May, who
is retired, with Courtney Allen, and on the campground, we would like to replace the name of
Herb Bailey, who probably will not be with Development at that time, with Enrique Nunez, a
landscape architect from Public Works.
Commissioner Dawkins: Do I have an appointment to that?
Vice Mayor Plummer: How many...
Mr. Luft: No. That's staff appointments from the Manager. I just wanted to reflect...
Vice Mayor Plummer: How many staff are on that last one?
Mr. Luft: One less than the public.
Commissioner Dawkins: Wait a minute. Why can't Herb Bailey be on there when he still works
for the City of Miami?
Mr. Luft: He can.
Commissioner Dawkins: Well, why are you taking him off?
&—i
June 1, 1995
Mr. Luft: Well, the reason he was on there was that he was the Director of Development, and if
you... It's up to the Manager, if he wishes to keep him on.
Commissioner Dawkins: Well, the reason he was on there was because you thought he had
expertise that he could lend to this project. That's the reason he was on there. OK?
Mr. Luft: That's correct. That's correct.
Commissioner Dawkins: OK. Well, then leave him on there.
Mr. Odio: Fine, leave him on.
Mr. Luft: Fine.
Mr. Odio: Leave him on.
Vice Mayor Plummer: How many staff members are on that committee?
Mr. Luft: By Charter, one fewer than the public members.
Vice Mayor Plummer: OK. Fine.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-465
A RESOLUTION CONFIRMING THE APPOINTMENT OF CERTAIN
INDIVIDUALS AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO
EVALUATE PROPOSALS RECEIVED IN CONNECTION WITH A REQUEST FOR
PROPOSALS FOR THE UNIFIED DEVELOPMENT OF A CAMPGROUND AND
RELATED FACILITIES ON VIRGINIA KEY, ISSUED ON MAY 5, 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.
Mayor Clark: Item number 31.
Vice Mayor Plummer: I don't understand this, and I would ask that this be deferred until the
next meeting.
93 June 1, 1995
Commissioner Dawkins: Second.
Mr. Luft: OK.
NOTE FOR THE RECORD: At this point, agenda item number 31
was aeferred.
Mayor Clark: Item 32.
Vice Mayor Plummer: Is withdrawn.
Mayor Clark: Item 33.
Commissioner Dawkins: We're going to make it. We're going home in a few minutes.
Mayor Clark: Arthur Gallagher received the highest bid, right?
Commissioner Dawkins: You know, this... I have... I've gotten all kinds of inquiries...
Commissioner Gort: They should pull this. This was withdrawn.
Mr. Jones: Commissioner, 33 was withdrawn.
Vice Mayor Plummer: Thirty-three was withdrawn?
Mr. Jones: Yes.
Vice Mayor Plummer: OK.
Commissioner Dawkins: OK. Thank you.
----------------------------------------------------------------------------------------------------------------
29. AMEND BY-LAWS OF MIAMI COMMISSION ON THE STATUS OF
WOMEN TO PROVIDE FOR ESTABLISHMENT OF A STANDING
COMMITTEE (NOMINATING COMMITTEE) -- SET FORTH FUNCTIONS,
METHOD OF APPOINTMENT OF MEMBERS AND QUALIFICATIONS FOR
MEMBERSHIP -- INCREASE MEMBERSHIP OF EXECUTIVE COMMITTEE
BY ADDING A MEMBER TO BE KNOWN AS THIRD VICE CHAIRPERSON
AND SET FORTH DUTIES.
Mayor Clark: Thirty-four. Got a motion on 34?
Commissioner Dawkins: Second the... Did you recommend this, Mr. Jones?
A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Commissioner Dawkins: I so move.
94 June 1, 1995
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot if there are no exceptions.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-466
A RESOLUTION AMENDING THE BY-LAWS OF THE MIAMI COMMISSION ON
THE STATUS OF WOMEN (MCSW) TO PROVIDE FOR THE ESTABLISHMENT
OF A STANDING COMMITTEE TO BE KNOWN AS THE NOMINATING
COMMITTEE AND TO SET FORTH THE FUNCTIONS, METHOD OF
APPOINTMENT OF MEMBERS AND QUALIFICATIONS FOR MEMBERSHIP ON
SAID COMMITTEE; FURTHER TO INCREASE THE MEMBERSHIP OF THE
EXECUTIVE COMMITTEE BY ADDING A MEMBER TO BE KNOWN AS THE
THIRD VICE CHAIRPERSON AND TO SET FORTH THE DUTIES OF OFFICE OF
SAID ADDED MEMBERS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
30. ACCEPT BID: LEADEX CORP. -- FOR FURNISHING / INSTALLATION OF
BLEACHERS AT ARMBRISTER PARK, FOR PARKS & RECREATION
DEPARTMENT -- ALLOCATE FUNDS ($22,550) FROM CIP.
Mayor Clark: Item 35.
Commissioner Dawkins: Item 35.
Vice Mayor Plummer: What about 34?
Mayor Clark: That's outlawing all funeral homes in Dade County.
Commissioner Gort: It was withdrawn.
95
June 1, 1995
J
Vice Mayor Plummer: Huh?
Commissioner Gort: Withdrawn.
Vice Mayor Plummer: OK.
Mr. Odio: This is the installation of bleachers and concrete slabs at Armbrister Park.
Commissioner Dawkins: OK.
Vice Mayor Plummer: Mr. Manager, I have a question. I notice that one of the items on there
for Armbrister Park is eighty-six thousand ($86,000). Is it for...
Mr. Odio: This is twenty-two thousand one hundred and fifty ($22,150)...
Vice Mayor Plummer: No, no, no. There's a... Item 30...
Mr. Alberto Ruder: That's number 38, the last item.
Vice Mayor Plummer: Thirty-eight. Now, we just spent a whole bundle of money at that place
to fix it up. And I remember in particular, Ms. Armbrister coming down here, raising hell,
rightfully so, about the bathrooms. Now, what is... And we spent a hundred thousand dollars
($100,000) then. Now, what is this additional hundred thousand dollars ($100,000) for?
Mr. Odio: Are we on 3.5 or 38?
Vice Mayor Plummer: Thirty-eight. Well, 35 and 38.
Commissioner Dawkins: Well, 35... I'm dealing with 35.
Mr. Ruder: Well, 35 is something that is needed that is not in the building. It's bleachers.
Vice Mayor Plummer: OK. Thirty-eight, then.
Mr. Ruder: Thirty-eight, there's a whole list.
Vice Mayor Plummer: In particular...
Mayor Clark: Let's deal with 35 right now. Is there a motion?
Commissioner Dawkins: Thirty-five is the bleachers that everybody says that they need the
bleachers in order for...
Vice Mayor Plummer: And I concur with that, sir.
Commissioner Dawkins: All right. Well, move it, then.
Vice Mayor Plummer: I'll move it.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
96 June 1, 1995
e414)
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-467
A RESOLUTION ACCEPTING THE BID OF LEADEX CORP. FOR THE
FURNISHING AND INSTALLATION OF BLEACHERS AT ARMBRISTER PARK
FOR THE DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL
PROPOSED COST OF $22,500.00; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, INDEX CODE 708401-451894;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
31. ACCEPT PROPOSAL: GOVERNMENT CENTER HEALTH SERVICES,
INC. -- FOR FURNISHING GENERAL PHYSICAL EXAMINATIONS, FOR
PERSONNEL MANAGEMENT DEPARTMENT -- ALLOCATE FUNDS
($32,705) PER YEAR -- EXEC-'TE CONTRACT, WITH CONDITIONS.
Mayor Clark: Thirty-six.
Vice Mayor Plummer: Where is that company located? That was my only question.
Commissioner Gort: County building.
Vice Mayor Plummer: It's in the County building?
Mr. Cesar Odio (City Manager): Yeah.
Vice Mayor Plummer: That's fine. I'll move it.
Mayor Clark: Second?
Commissioner Gort: Second.
97
June 1, 1995
0
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-468
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PROPOSAL OF
GOVERNMENT CENTER HEALTH SERVICES, INC., FOR FURNISHING
GENERAL PHYSICAL EXAMINATIONS FOR THE DEPARTMENT OF
PERSONNEL MANAGEMENT, AT AN ESTIMATED ANNUAL COST OF $32,705
PER YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT,
IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN INITIAL TERM OF TWO
(2) YEARS RENEWABLE AT THE CITY'S OPTION FOR TWO (2) ADDITIONAL
ONE (1) YEAR PERIODS AT THE SAME TERMS AND CONDITIONS, EXCEPT
FOR A 5% INCREASE IN THE AMOUNT OF COMPENSATION WHICH SHALL
BE EFFECTIVE ON THE FIRST DAY OF THE FIRST OPTION PERIOD;
ALLOCATING FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGET
OF THE DEPARTMENT OF PERSONNEL MANAGEMENT, ACCOUNT CODE NO.
270101-260; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE
SERVICES, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
32. ACCEPT PROPOSAL: MERCY OUTPATIENT CENTER -- FOR
FURNISHING ANNUAL / EMPLOYMENT PHYSICAL EXAMINATIONS /
HEPATITIS B IMMUNIZATIONS, FOR POLICE, FIRE AND OTHER
DESIGNATED PERSONNEL -- ALLOCATE FUNDS ($329,509) PER YEAR --
EXECUTE CONTRACT, WITH CONDITIONS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty-seven.
Vice Mayor Plummer: Mr. Mayor, for the record, I should abstain from this vote because I am a
member of this Mercy Outpatient Center.
98 June 1, 1995
Commissioner Gort: Move it.
Mayor Clark: It's been moved by Mr. Gort. Second?
A. Quinn Jones, III, Esq. (City Attorney): You know, only if you have a financial...
Vice Mayor Plummer: I have no financial gain.
Mr. Jones: Well, then, you have to vote.
Vice Mayor Plummer: Then I have to vote.
Commissioner Dawkins: J.L., you just abstained. Forget it. Call the roll. I second, Mr. Mayor.
Mr. Jones: No, he can't abstain. He has to vote.
Vice Mayor Plummer: Miller, he says I can't.
Commissioner Dawkins: Why can't you?
Mr. Jones: Because he doesn't have a financial interest in it.
Commissioner Dawkins: But if he... The law says if he thinks that...
Mr. Jones: No, no, no. Only...
Commissioner Dawkins: If he thinks that he has one...
Mr. Jones: Only if he has a financial interest in it can he abstain. Otherwise, he has to vote.
Mayor Clark: Please, please. Cast a unanimous ballot, Mr. Clerk.
Commissioner Dawkins: That's the end of that.
Vice Mayor Plummer: I vote yes.
99 June 1, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-469
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PROPOSAL OF
MERCY OUTPATIENT CENTER FOR FURNISHING ANNUAL AND
EMPLOYMENT PHYSICAL EXAMINATIONS AND HEPATITIS B
IMMUNIZATIONS FOR POLICE, FIRE AND OTHER DESIGNATED PERSONNEL,
AT AN ESTIMATED ANNUAL COST OF $329,509 PER YEAR, FOR THE
DEPARTMENT OF PERSONNEL MANAGEMENT; AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR AN INITIAL TERM OF TWO (2) YEARS RENEWABLE AT THE
CITY'S OPTION FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT THE
SAME TERMS AND CONDITIONS, EXCEPT FOR A 5% INCREASE IN THE
AMOUNT OF COMPENSATION WHICH SHALL BE EFFECTIVE ON THE FIRST
DAY OF THE FIRST OPTION PERIOD; ALLOCATING FUNDS THEREFOR, FROM
THE GENERAL OPERATING BUDGET OF THE DEPARTMENTS OF PERSONNEL
MANAGEMENT, ACCOUNT CODE NO. 270101-260; FIRE -RESCUE, ACCOUNT
CODE NO. 2804,01-260, AND POLICE, ACCOUNT CODE NO. 290201-260;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE
SERVICES, SUBJECT TO THE AVAILABILITY OF FUNDS.
(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.
100 June 1, 1995
----------------------------------------------------------------------------------------------------------------
33. ACCEPT BID: G. FAMILY ENTERPRISES, INC. -- FOR ARMBRISTER
PARK BUILDING RENOVATIONS B-6235 -- ALLOCATE FUNDS FROM
CIP 331342 ($81,375 TOTAL BID, PLUS $16,030 FOR ESTIMATED
EXPENSES, TOTALING $97,405) -- EXECUTE CONTRACT.
Mayor Clark: Thirty-eight.
Vice Mayor Plummer: Now, that's the one I got a question on, Wally.
Mr. Cesar Odio (City Manager): For the record, we need to install a back splash behind the
stove area, install a drop ceiling in the kitchen, we need new office equipment, install outside
telephone bell. You want me to put this whole list on the... This, we need to do.
Commissioner Dawkins: I put it in the record already, Mr. Manager. I gave it to...
Vice Mayor Plummer: My only question is, we've already spent nearly a hundred thousand
dollars ($100,000) there.
Mr. Odio: That was on the physical. This is inside work we need to do.
Mr. Albert Ruder: Yeah. This money has always been appropriated. We did part of it, you're
right, a few years ago, but these things were not done.
Vice Mayor Plummer: Well, now here, in this item that Miller just passed out is to replace
bleachers.
Mr. Odio: That's right, in 35, you took care of that.
Vice Mayor Plummer: Excuse me. Thirty-five, this was for a hundred thousand ($100,000).
Mr. Ruder: Yeah.
Mr. Odio: You took care of that.
Mr. Ruder: Yeah.
Mr. Odio: Of replacing the bleachers in 35, and the rest is...
Mayor Clark: It's been moved by Mr....
Commissioner Dawkins: Dawkins.
Mayor Clark: ... Dawkins. Seconded by Mr. Gort. Call the roll, Mr. Clerk.
101
June 1, 1995
J
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-470
A RESOLUTION ACCEPTING THE BID OF G. FAMILY ENTERPRISE, INC. IN
THE PROPOSED AMOUNT OF $81,375.00 TOTAL BID OF THE PROPOSAL, FOR
"ARMBRISTER PARK BUILDING RENOVATIONS B-6235"; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 331342 AS APPROPRIATED BY THE
1994-1995 CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, IN
THE AMOUNT OF $81,375.00 TO COVER THE CONTRACT COST AND $16,030.00
TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST
OF $97,405.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID
FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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: Yes, I move it, yes. You know, it's only money.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Item 39.
Vice Mayor Plummer: I didn't have a 39.
Mr. Odio: There is none.
Commissioner Gort: That's it.
Mayor Clark: That's it.
102 June 1, 1995
02
MINUTES OF PLANNING & ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 1st day of June, 1995, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 11.08 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
----------------------------------------------------------------------------------------------------------------
34. CONTINUE ALL ITEMS ON PLANNING & ZONING AGENDA TO JULY 27,
1995. (Note: Date of meeting changed later in meeting to July 13th [95-475].)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: PZ-1?
A. Quinn Jones, III, Esq. (City Attorney): Yeah, go ahead.
Mayor Clark: PZ-1, what have you got...
Vice Mayor Plummer: Oh, I have a pocket, Mr. Mayor.
Mayor Clark: Now, wait a minute. Just a minute. Let's get... How many zoning items do we
have?
Mr. Jones: None. This is for the purpose... You're convening the P&Z (Planning and Zoning)
meeting for the purpose of continuing the meeting until July 27th at 4 o'clock p.m.
Vice Mayor Plummer: I so move.
Mayor Clark: The Planning and Zoning is convened - adjourned - and we're now adjourned
until July the 13th...
103 June 1, 1995
J
Commissioner Gort: Twenty-seventh. July 27th.
Mr. Jones: This is the P&Z meeting now.
Mayor Clark: Yeah.
Mr. Jones: We're adjourned, continuing the meeting until July 27th at four o'clock p.m.
Mayor Clark: Continuation of the meeting. Is that it? Call the roll.
Commissioner Dawkins: Till July the 27th?
Mayor Clark: All in favor, signify by saying "aye."
The City Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered. Good.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-471
A MOTION CONTINUING ALL ITEMS ON THE PLANNING AND ZONING
AGENDA ON THIS DATE TO THE SECOND REGULAR CITY COMMISSION
MEETING IN JULY, PRESENTLY SCHEDULED FOR JULY 27, 1995 BEGINNING
AT 4 P.M.
(Note for the Record: This motion was later reconsidered by M-95-474 and the meeting
rescheduled to July 13th, beginning at 2:30 p.m. [R-95-475])
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.
104 June 1, 1995
[NOTE: THE CITY COMMISSION CLOSES CONSIDERATION
OF THE PLANNING AND ZONING PORTION OF THE AGENDA
TO CONSIDER NON -AGENDA ITEMS,]
--------------------------------------------- ------------------------------------------------------------------
35. AUTHORIZE FUNDING OF ARISE FOUNDATION'S "ENVIRO-COPS"
PROGRAM -- ALLOCATE $12,500 FROM LAW ENFORCEMENT TRUST
FUND (LETF).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I have a pocket, Mr. Mayor.
Mayor Clark: What's your pocket?
Vice Mayor Plummer: From the Administration.
Commissioner Dawkins: We're not going to have a Zoning meeting?
Mayor Clark: No.
Commissioner Gort: That's it.
Commissioner Dawkins: We're finished?
Vice Mayor Plummer: A resolution authorizing the funding of Arise Foundation Enviro-Cops
program, and allocating funds thereof in an amount not to exceed twelve -five ($12,500) from the
Law Enforcement Trust Fund, such expenditures having been approved by the Chief of Police as
complying with Florida State Statute Chapter 932.7055 as amended.
Commissioner Gort: Second.
Vice Mayor Plummer: That comes from the Administration. It is read by Commissioner
Plummer, but not his pocket item.
A. Quinn Jones, III, Esq. (City Attorney): Can I have a copy of that?
Vice Mayor Plummer: Call the roll.
Mayor Clark: Call the roll.
105 June 1, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-472
A RESOLUTION AUTHORIZING THE FUNDING OF ARISE FOUNDATION'S
"ENVIRO-COPS" PROGRAM IN AN AMOUNT NOT TO EXCEED $12,500;
ALLOCATING FUNDS THEREFOR 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.)
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.
Vice Mayor Plummer: Hey, are you buying lunch?
Commissioner Gort: J.L., could you sit down? There's four more Commissioners here, please,
and the Mayor.
Vice Mayor Plummer: What?
Commissioner Gort: Would you sit down.
Vice Mayor Plummer: No.
Commissioner Gort: We've got one more.
Unidentified Speaker: Thank you very much. We sure appreciate it.
106 June 1, 1995
----------------------------------------------------------------------------------------------------------------
36. DISCUSSION CONCERNING CONDITION OF BICYCLE PATH FROM
CITY LIMITS OF DOUGLAS ROAD TO TAURUS RESTAURANT, MAIN
STREET -- CITY MANAGER STATES THAT IT IS COUNTY'S
RESPONSIBILITY.
----------------------------------------------------------------------------------------------------------------
Commissioner De Yurre: Who's got pockets here? I have one.
Commissioner Dawkins: Well, let's get rid of it.
Commissioner De Yurre: Mr. Mayor, I would like to instruct the Administration, if they would
listen... Mr. Odio, I would like to see the bike path from the City limits down Douglas all the
way to across the street from where the Taurus is, where it ends to be repaved. It's embarrassing
the way that looks.
Mr. Cesar Odio (City Manager): That is a County responsibility, sir.
Commissioner De Yurre: Well, I don't know... How come Old Cutler Road, which is Coral
Gables, is beautiful?
Mr. Odio: Well...
Vice Mayor Plummer: Because it's never used. Ha -ha-ha.
Commissioner De Yurre: No, it's...
Mr. Odio: They're working their way north.
Commissioner De Yurre: Who?
Mr. Odio: The County is working their way north.
Commissioner De Yurre: Well, I got a call... I had my office call your department, and they
said that we had no more funds, that the FEMA (Federal Emergency Management Agency)
money, hurricane money had been used up, and that that was all there was.
Mr. Odio: The County is doing the whole bike path all the way from Old Cutler all the way to
here.
Commissioner De Yurre: OK. I want it in writing, and when they're estimating to do that area.
Commissioner Dawkins: Can they skip over and get to us?
Mr. Jim Kay: OK. We'll get that.
Commissioner De Yurre: OK? Thank you.
107 June 1, 1995
---------------------------------------------------------- •---------------- •------------------------------------
37. DIRECT ADMINISTRATION TO MAKE RECOMMENDATION ON
PERMITTED SIGNAGE OF BUILDINGS OVER 20 FEET IN HEIGHT IN SD-
9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT IN ORDER TO
CONSIDER INCREASING SIZE OF PERMITTED SIGNS OF MAJOR
STRUCTURES ALONG BISCAYNE BOULEVARD AS PART OF ONGOING
EFFORT TO STIMULATE REDEVELOPMENT AND ATTRACT
RELOCATION OF BUSINESSES TO THE AREA.
--------------------------- ------------------------------------------------------------------------------------
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Gort: I'd like a motion... J.L., would you listen for a minute, please.
Mayor Clark: What is it?
Commissioner Gort: I'd like a motion instructing the Planning, Building and Zoning
Department to study and make a recommendation on permitted signage in buildings over 20 feet
in height in the SD-9 Biscayne Boulevard North Overlay District in order to consider increasing
the size of permitted signs with major structures along Biscayne Boulevard as part of an ongoing
effort to stimulate the redevelopment of the Boulevard and attracting relocation of business to
the area.
Vice Mayor Plummer: Wait, wait, wait. Explain that to me.
Commissioner Gort: Sergio, do you want to explain that to Commissioner Plummer?
Mr. Sergio Rodriguez: At present, there is a limitation that you cannot put signs over a certain
size in tall buildings like in Biscayne Boulevard, in 44th Avenue, and so on, because of the SD-9
District, which was something that was prepared before. This would allow - this would direct us
to study that and come up with a recommendation so you can take an action when it comes
before you as a Zoning amendment.
Mayor Clark: You want them to study it. Right, bill?
Vice Mayor Plummer: I have no problem...
Commissioner Gort: (Inaudible).
Mr. Rodriguez: So that's what it is. It's just basically a study with a recommendation to you.
Commissioner Dawkins: Didn't we pass this once?
Mr. Rodriguez: No.
Vice Mayor Plummer: I have no problem with it.
Mayor Clark: Motion and a second. Cast a unanimous ballot.
108 June 1, 1995
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 95-473
A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE DIRECTOR
OF THE PLANNING, BUILDING AND ZONING DEPARTMENT TO STUDY AND
MAKE A RECOMMENDATION OF PERMITTED SIGNAGE OF BUILDINGS
OVER 20 FEET IN HEIGHT IN THE SD-9 BISCAYNE BOULEVARD NORTH
OVERLAY DISTRICT IN ORDER TO CONSIDER INCREASING THE SIZE OF
PERMITTED SIGNS ON MAJOR STRUCTURES ALONG BISCAYNE
BOULEVARD AS PART OF THE ONGOING EFFORT TO STIMULATE THE
REDEVELOPMENT OF THE BOULEVARD AND ATTRACT BUSINESS TO THE
AREA.
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.
--------------------------------- ------------------------------------------------------------------------------
38. RESCHEDULE BOTH REGULAR AND PLANNING & ZONING CITY
COMMISSION MEETINGS IN JULY TO TAKE PLACE ON JULY 13TH.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Now, wait a minute.
Vice Mayor Plummer: All right. Mr. Mayor, I had something else. I'm sorry.
Mayor Clark: Just a second. On the July the 28th meeting... Is that...
Mr. Cesar Odio (City Manager): It's the 27th.
A. Quinn Jones, III, Esq. (City Attorney): The 27th.
Mayor Clark: The 27th. We sure on that date?
Mr. Jones: Yes. July 27th at four o'clock.
Commissioner Dawkins: At four o'clock?
Mr. Jones: Yeah. That's the P&Z meeting.
Commissioner Dawkins: We do not have... Do we have an eight o'clock meeting?
109 June 1, 1995
k
Mr. Odio: I don't have any regular items. I'm trying not to have any, if possible.
Commissioner Dawkins: Well, why don't you guys do this Sunday? Let's get...
Mayor Clark: Are we going to have one meeting in July, one Zoning hearing in July?
Mr. Odio: Well, it's up to you.
Vice Mayor Plummer: Well, Mr. Mayor, can I make a suggestion? Because remember, the
following month, we don't meet at all. So if anybody wanted a long vacation, why don't you
combine the two meetings on the 13th?
Mr. Jones: It's too many.
Mr. Odio: We cannot. We have... Unless you allow... We have so many items that we could
not be...
Commissioner Dawkins: The way the Mayor goes through them, it's no problem. Start at eight
o'clock, and we'll get through.
Mr. Odio: You don't mind any... going over the limit on items?
Vice Mayor Plummer: Bring lunch in.
Mr. Odio: This is the last meeting of the summer. And remember, Commissioners, I have a... I
told the staff that there will be no emergencies...
Vice Mayor Plummer: All right.
Mr. Odio: ... during August, so we have to have everything ready for July.
Vice Mayor Plummer: Well, can I make another suggestion?
Mayor Clark: All right.
Vice Mayor Plummer: What about the idea of having the meetings the 6th and the 13th, and
then you would still give one, two... It would give you almost six weeks for vacation time.
Because remember, we're going to come back into full blown...
Commissioner Gort: Who can afford to take six weeks.
Vice Mayor Plummer: Well, it's not a matter of who can afford six. It's a matter of when you
can afford two. That's my problem. I mean, it's...
Commissioner Dawkins: It's not appropriate? Why not?
Mr. Rodriguez: If you have a meeting on the 13th for Planning and Zoning, I can accommodate
that.
Vice Mayor Plummer: And we'll have the other one on the 6th.
Mr. Rodriguez: That's the only thing I can speak of.
110 June 1, 1995
Commissioner Dawkins: Make the motion, J.L. Let's go.
Mr. Odio: The problem that I have in moving it this way is that then you are the first one,
Commissioner Plummer...
Vice Mayor Plummer: Then make it the 20th.
Mr. Odio: ... that starts screaming when we have emergency purchases.
Vice Mayor Plummer: Then make it the 20th. What emergencies? You're talking six weeks
off.
Mr. Odio: We have... You have all of the...
Mayor Clark: What do you suggest? Don't start arguing again. What do you suggest?
Vice Mayor Plummer: I'm asking.
Mr. Odio: I think we keep it on the 13th.
Vice Mayor Plummer: And the 20th?
Mr. Odio: And the... The 13th, both meetings on the 13th, if you allow me to go over the items.
Vice Mayor Plummer: That's fine. I so move.
Commissioner Dawkins: OK. Let's say this.
Mayor Clark: What are we going to have? A meeting on the 13th and one on the 20th?
Mr. Odio: That's it. No, one meeting.
Vice Mayor Plummer: No, 13th, morning and afternoon.
Commissioner Dawkins: We're going to have a meeting on the 13th, and if we have to stay here
until ten o'clock at night to get through the items, we'll stay.
Mayor Clark: I ain't worried about that.
Vice Mayor Plummer: I have no problem with that.
Commissioner Dawkins: That's all, Mr. Manager.
Mayor Clark: If everybody would be quiet, we can be gone here at three o'clock.
Vice Mayor Plummer: I move that we have our regular agenda on the morning of July the 13th,
and Planning and Zoning to follow after that meeting adjourns.
Mr. Odio: Then I think what...
Mayor Clark: Now, let me say this. First of all... First of all, there's a motion to reconsider, Mr.
Clerk. Motion to reconsider the date we had, the 28th.
Mr. Odio: The 27th. You had the motion, J.L.
111 June 1, 1995
Commissioner Dawkins: All right. That's right.
Mayor Clark: Just to reconsider. Got it? That's it. Cast a unanimous ballot.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-474
A MOTION TO RECONSIDER PREVIOUS VOTE TAKEN ON MOTION 95-471
(CONTINUING ALL ITEMS ON THE PLANNING AND ZONING AGENDA ON
THIS DATE TO THE SECOND REGULAR CITY COMMISSION MEETING IN
JULY, PRESENTLY SCHEDULED FOR JULY 27, 1995, BEGINNING AT 4 P.M.)
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: Now, the new date is...
Vice Mayor Plummer: Now, I make a motion that we have the meeting of the regular agenda on
the morning of July the 13th, and at the conclusion of that meeting, we immediately go into the
meeting of P&Z (Planning and Zoning).
Mr. Odio: You want to start at eight on the 13th.
Commissioner Dawkins: Eight o'clock.
Vice Mayor Plummer: That's fine with me.
Mr. Odio: I have no problem.
Commissioner Dawkins: Second the motion.
Vice Mayor Plummer: OK.
Mayor Clark: Call the roll.
Vice Mayor Plummer: Unanimous.
112 June 1, 1995
I
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO.95-475
A MOTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING IN JULY TO TAKE PLACE JULY 13, 1995, BEGINNING AT 8 A.M.;
FURTHER RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING IN JULY ON PLANNING AND ZONING ITEMS TO TAKE PLACE ON
JULY 13, 1995, BEGINNING AT 2:30 P.M.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-----------------------------------•-----------------------------------------------------------------------------
39. AMEND RESOLUTION 95-263 -- INCLUDE WAIVER OF SOLID WASTE
CLEANUP / REMOVAL FEES ($28,000) -- FOR EIGHTH ANNUAL
AMERICA'S BIRTHDAY BASH (JULY 4, 1995) AT BICENTENNIAL AND
MILDRED & CLAUDE PEPPER BAYFRONT PARKS.
Vice Mayor Plummer: All right. I need to clear up... There was an error. A resolution
amending Resolution Number 95-263 adopted April 27, '85, thereby including the waiver of
solid waste cleanup and removal fees in an amount not to exceed twenty-eight thousand
($28,000), approved by the Eighth Annual America Birthday Bash to be held on July 4, 1995, at
Bicentennial Mildred and Claude Pepper Bayfront Park, said waiver conditioned upon such
conditions and limitations that may be prescribed by the City Manager or his designee and
Bayfront Park Management Trust. This clears it up. I so move.
Mr. Odio: Commissioner, before you do that, you need to clarify the Goombay...
Vice Mayor Plummer: I will, sir. Let me get this one finished.
Commissioner Dawkins: Well, wait, wait a minute.
Vice Mayor Plummer: OK?
Commissioner Dawkins: Wait a minute.
Mayor Clark: Cast a unanimous ballot.
Commissioner Dawkins: Wait a minute.
113 June 1, 1995
Vice Mayor Plummer: Wait a minute. He has a question.
Commissioner Dawkins: Wait a minute.
Mayor Clark: What is it?
Commissioner Dawkins: When the budget for Bayfront Park Trust was passed, money was put
in there for the bash. All right?
Vice Mayor Plummer: All right, sir, but...
Unidentified Speaker: It hadn't been previously put...
Commissioner Gort: Yes, it was.
Vice Mayor Plummer: That was previously approved, but it did not include the sanitation.
Commissioner Dawkins: It was... Well, OK.
Vice Mayor Plummer: As I understand it, it is not raising the total amount for the bash.
Unidentified Speaker: No, no.
Vice Mayor Plummer: It is allocating twenty-eight thousand ($28,000) of that money for the
sanitation.
Mr. Odio: It's not increasing the funds.
Unidentified Speaker: It's not increasing...
Vice Mayor Plummer: OK? It's not increasing the budget at all.
Commissioner Dawkins: All right. When is the bash?
Vice Mayor Plummer: July 4th.
Commissioner Dawkins: All right. We meet before that, right? All right bring this up as a
regular item, because I don't know what you're talking about.
Mayor Clark: No, you don't meet.
Mr. Odio: No, you don't meet again, Commissioner.
Vice Mayor Plummer: No.
Mr. Odio: Until the 13th.
Commissioner Dawkins: You know, I'm going to tell you and Mr. Katz, I was over there for a
year. I did not have any pocket items with the Bayfront Park.
Vice Mayor Plummer: Sir, I'm not over there yet...
Commissioner Dawkins: And I don't want any more.
114 June 1, 1995
Vice Mayor Plummer: And I'm trying to...
Commissioner Dawkins: Pass it, pass it. I'll move it.
Vice Mayor Plummer: I'm not even there yet.
Commissioner Dawkins: I'll move it.
Vice Mayor Plummer: Second, whatever the hell it is. I second it.
Commissioner Dawkins: OK. Let's go, let's go.
Mayor Clark: All right.
Vice Mayor Plummer: He's catching flies over here.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-476
A RESOLUTION AMENDING RESOLUTION NO. 95-263, ADOPTED APRIL 27,
1995, THEREBY INCLUDING THE WAIVER OF SOLID WASTE CLEANUP AND
REMOVAL FEES IN THE PREVIOUSLY APPROVED AMOUNT OF $28,000, FOR
THE EIGHTH ANNUAL AMERICA'S BIRTHDAY BASH, TO BE HELD ON JULY
4, 1995, AT BICENTENNIAL AND MILDRED AND CLAUDE PEPPER BAYFRONT
PARKS; SAID WAIVER CONDITIONED UPON SUCH CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE AND THE BAYFRONT PARK MANAGEMENT TRUST.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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.
115 June 1, 1995
N
----------------------------------------------------------------------------------------------------------------
40. GRANT REQUEST FOR LOAN ($39,000) BY REPRESENTATIVES OF
GOOMBAY FESTIVAL COMMITTEE -- MONIES TO BE FORWARDED TO
MERRETT STIERHEIM, DESIGNATED CHAIRMAN OF GOOMBAY
EVENT BY TOURIST DEVELOPMENT COUNCIL.
----------------------------------------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): Commissioner Dawkins...
Vice Mayor Plummer: All right. Wait a minute. I have one other item.
Mayor Clark: Please, now, let's cut this stuff out.
Vice Mayor Plummer: All right. Mr. Mayor, as we all are aware Goombay is this weekend.
There is an unrelated scenario talking about the money that we are agreeing to fund. What we
are going to do, according to the Manager, so that everything is clear, clean and above board, we
are going to loan - loan to them - rather than a grant, rather than a... We're loaning thirty-nine
thousand dollars ($39,000).
Mr. Odio: Yes, sir.
Mayor Clark: When are we going to get that back?
Mr. Odio: Thirty days after.
Vice Mayor Plummer: OK? You're going to get it from the proceeds, and that will go to Mr.
Merrett Steirheim, who is the chairman of the event.
Commissioner Dawkins: Go to him for what?
Vice Mayor Plummer: For payment to the Police and Fire. Oh, no, excuse me. Whatever they
want it for.
Commissioner Dawkins: No, wait a minute, hold it. No. I'll go along... I'll second the motion
if the bills will be submitted to us and we pay them. Why should I give Merrett Steirheim my
money?
Vice Mayor Plummer: No, sir. That... Because he has now been designated by the TDC
(Tourist Development Council) as chairman of the event.
Commissioner Dawkins: Well, let the TDC pay for it. I mean, anything we're going to pay for,
let's pay for it... OK.
Vice Mayor Plummer: Miller, Miller, what do you want? What do you want? Tell me how you
want it.
Mayor Clark: Cast a unanimous ballot. We're adjourned at 11:18. That's all.
116 June 1, 1995
J
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO.95-477
A MOTION GRANTING A LOAN IN THE AMOUNT OF $39,000 TO
REPRESENTATIVES OF THE GOOMBAY FESTIVAL COMMITTEE, SAID
MONIES SHALL BE FORWARDED TO MERRETT STEIRHEIM, WHO HAS BEEN
DESIGNATED BY THE TOURIST DEVELOPMENT COUNCIL AS CHAIRPERSON
OF THE GOOMBAY EVENT.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
41. (A) AUTHORIZE CITY MANAGER TO TAKE ALL STEPS
NECESSARY TO REPAIR PERMANENT CANOPY AT ENTRANCE
OF CITY HALL AND TO ACCEPT BIDS -- INSTRUCT MANAGER
TO CLEAN UP FRONT OF CITY HALL IN PREPARATION FOR
UPCOMING U.S. CONFERENCE OF MAYORS EVENT (JUNE 16-
20, 1995)
(B) COMMISSIONER DAWKINS POINTS OUT THAT THE CITY STILL
NEEDS TO BE REIMBURSED FOR EXPENSES INCURRED IN
CONNECTION WITH THE SUMMIT OF THE AMERICAS.
----------------------------------------------------------------------------------------------------------------
Mr. Cesar Odio (City Manager): Mr. Dawkins... Please, Mr. Mayor, this is your item. This is
your item. You asked us to redo City Hall for the U.S. Conference of Mayors, painting and the
canopy out front. It exceeds my limit. I'd like to get permission to go ahead and do it.
Vice Mayor Plummer: Do what?
Mr. Odio: To do the canopy out front at City Hall.
Mayor Clark: You know, that canopy has been like that for 40 years, but now, all of a sudden,
it's going to be torn down this year.
Mr. Odio: Well, you... We are going to redo it for the U.S. Conference of Mayors.
Mayor Clark: I think you should.
Mr. Odio: But I need your authority to spend the money.
117 June 1, 1995
Vice Mayor Plummer: Why?
Mr. Odio: I don't know how much it is yet.
Commissioner Dawkins: OK. Well, you still owe me and J.L. Plummer for fees that we spent in
Bayfront Park for the Presidents Convention or whatever that thing was that came here.
Vice Mayor Plummer: Oh, yeah, yeah, yeah. The Summit.
Commissioner Dawkins: Yeah. How much is that?
Mr. Odio: We're trying to get that money. We're trying to get that money back.
Commissioner Dawkins: OK. Well, you've got to give it back to us.
Mr. Odio: We're trying.
Commissioner Dawkins: OK. Thank you.
Vice Mayor Plummer: All right. Wait a minute now. Did we clarify, Mr. Manager, what you
need for Goombay?
Mr. Odio: I know what... I got it.
Vice Mayor Plummer: OK, that's all.
Commissioner Dawkins: OK. What else.
Mayor Clark: A motion and a second to give the Manager what he needs to clean up the front of
the building.
Commissioner Gort: Move it.
Commissioner Dawkins: OK. Second.
Mayor Clark: Cast a unanimous ballot.
118 June 1, 1995
rrf�
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-478
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS
NECESSARY TO REPAIR THE PERMANENT CANOPY LOCATED AT THE
ENTRANCE OF CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA;
FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE BIDS) FOR
SAID REPAIRS FROM THE MOST RESPONSIVE AND RESPONSIBLE BIDDER(S).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Dawkins: OK. What else?
Vice Mayor Plummer: If I know.
Mayor Clark: That's it.
Commissioner Gort: Great meeting.
Vice Mayor Plummer: Oh, yeah.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 11:19 A.M.
Stephen P. Clark
MAYOR
ATTEST:
Walter Foeman
CITY CLERK
119 June 1, 1995