HomeMy WebLinkAboutCC 1995-10-26 Minutesw
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OF MMING HEW ON OCTOBER 26, 1995
REGULAR & PLANNING AND 'ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY MALL
WALTER J. FOEMAN
CITY CLERK
INDEX
MINUTES OF REGULAR MEETING
October 26, 1995
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
2.
3.
3.1
3.2
3.3
3.4
3.5
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION
2
SPECIAL ITEMS.
10/26/95
COMMISSIONER DAWKINS COMMENDS
DISCUSSION
2-3
POLICE OFFICERS FOR APPREHENSION
10/26/95
OF STOLEN VEHICLE AND RETRIEVAL
OF STOLEN MERCHANDISE WORTH
$8,000.
CONSENT AGENDA -- MISCELLANEOUS
DISCUSSION
3-6
COMMENTS.
10/26/95
ACCEPT BID: LAWMEN'S AND
R 95-717
6
SHOOTERS, INC. -- FOR FURNISHING
10/26/95
AMMUNITION FOR DEPARTMENT OF
POLICE -- ALLOCATE $7,136.22.
ACCEPT BID: I.P.S. -- FOR
R 95-718
7
PURCHASE OF PERSONAL PROTECTION
10/26/95
PACKS FOR DEPARTMENT OF POLICE --
ALLOCATE $14,610.
AUTHORIZE REPAIR / MAINTENANCE OF
R 95-719
7
OVERHEAD DOORS -- BY BEST GARAGE
10/26/95
DOOR INC -- FOR DEPARTMENT OF
FIRE -RESCUE (UNDER DADE COUNTY
CONTRACT 11-40. 0503-1/95-1) --
ALLOCATE $30,000.
APPROVE ACQUISITION OF
R 95-720
7-8
MICROFILMING SERVICES -- FROM
10/26/95
MICROFILM DEPOT, INC. -- FOR
DEPARTMENT OF BUILDING AND
ZONING -- ALLOCATE $50,000.
AUTHORIZE PURCHASE OF ENVELOPES
R 95-721
8
FROM MAC PAPERS, INC. -- FOR
10/26/95
DEPARTMENT OF FINANCE (UNDER
STATE OF FLORIDA CONTRACT NOS.
310-420-96-1 AND 310-070-96-1) --
ALLOCATE $13,000.
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3.6
AUTHORIZE FUNDING OF ARISE
R 95-722
8
FOUNDATION'S "ENVIRO-COPS"
10/26/95
PROGRAM -- ALLOCATE $14,500 FROM
LAW ENFORCEMENT 'TRUST FUND
(LETF).
3.7
APPROVE APPLICATION FOR TWO-DAY
R 95-723
9
STATE LIQUOR PERMIT BY FLORIDA
10/26/95
INTERNATIONAL RESTAURANT & HOTEL
EXPO, INC. -- FOR DISPLAY BY
MANUFACTURERS / DISTRIBUTORS OF
PRODUCTS LICENSED UNDER STATE
BEVERAGE LAW, AND FOR CONSUMPTION
AT COCONUT GROVE CONVENTION
CENTER (JANUARY 17-18, 1996).
3.8
ALLOCATE $50,000 TO THE
R 95-724
9
ALLAPATTAH BUSINESS DEVELOPMENT
10/26/95
AUTHORITY (ABDA) -- FROM
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS -- FOR (1) EXPANDING
ABDA'S ECONOMIC DEVELOPMENT
ACTIVITIES ($25,000); AND (2)
PROVIDING ADMINISTRATIVE
ASSISTANCE WITH DEVELOPMENT OF
RALPH'S PLAZA AND PHASE II OF
C
FERN ISLE GARDENS PROJECTS
($25,000) -- AMEND EXISTING
AGREEMENTS.
3.9
CODESIGNATE S.W. 19 STREET FROM
R 95-725
10
S.W. 17 TO 22 AVENUES AS: "ROCKY
10/26/95
RAISEN WAY."
3.10
AUTHORIZE CITY ATTORNEY'S
R 95-726
10
ENGAGEMENT OF BRUCE S. ROGOW,
10/26/95
i
P.A. -- TO SERVE AS APPELLATE
COUNSEL BEFORE U.S. COURT OF
APPEALS FOR ELEVENTH CIRCUIT --
IN CONNECTION WITH THE CASE OF
PERRY L. ANDERSON VS. CITY OF
MIAMI, JORGE L. FERNANDEZ AND A.
QUINN JONES, III (CASE NO. 92-
0435-CIV-MOORE) -- ALLOCATE
$60,000 FROM SELF-INSURANCE AND
INSURANCE TRUST FUND.
4.
CODESIGNATE S.W. 26 ROAD AS:
R 95-727
10-12
"PIONEERS ROAD."
10/26/95
5.
DISCUSSION CONCERNING GUTTERS /
DISCUSSION
12-13
CURBING / SIDEWALKS IN ALLAPATTAH
10/26/95
NEIGHBORHOOD.
6
PERSONAL APPEARANCE: MS.
DISCUSSION
13-14
CHRISTINE PONDER, COORDINATOR FOR
10/26/95
A DEAF BLACK GROUP --- DIRECT
ADMINISTRATION / CITY CLERK'S
OFFICE TO OBTAIN SERVICES OF
QUALIFIED INDIVIDUAL / AGENCY TO
PROVIDE ASSISTANCE WITH SIGN
LANGUAGE INTERPRETER AT NEXT
COMMISSION MEETING.
7.
CODESIGNATE N.W. 1.7 AVENUE FROM
R 95-728
14-16
N.W. 2 TO N.W. 7 STREETS AS:
10/26/95
"WILLY CHIRINO WAY."
8.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION
17
SPECIAL ITEMS.
10/26/95
9.
GRANT REQUEST FROM HAITIAN
M 95-729
17-24
AMERICAN FOUNDATION FOR FINANCIAL
10/26/95
RELIEF OF PRE-EXISTING
OBLIGATIONS TO THE CITY ($150,000
CDBG LOAN) -- - CHANGE I.,OA.N TO
GRANT, SUBJECT TO NO LEGAL
PROHIBITION.
10.
DISCUSSION CONCERNING COMMODORE
DISCUSSION
24-34
BAY (BARNACLE ADDITION PROPERTY
10/26/95
IN COCONUT GROVE).
11.
RATIFY MANAGER'S FINDING OF SOLE
R 95-730
34-35
SOURCE -- WAIVE REQUIREMENT FOR
10/26/95
COMPETITIVE SEALED BIDS -
APPROVE ACQUISITION OF NCS FORMS
FOR THE OPTICAL MARK READER
SCANNER -- FROM NATIONAL COMPUTER
SYSTEMS -- FOR POLICE
DEPARTMENT -- ALLOCATE $13,871.
12.
RESTRICT VEHICULAR ACCESS TO N.E.
R 95-731
35-37
55 TERRACE AT INTERSECTION WITH
10/26/95
EAST SIDE OF NORTH BAYSHORE
DRIVE.
13.
DIRECT THAT CERTAIN PERMANENT
R 95-732
37-38
BARRICADES IN MORNINGSIDE (IN
10/26/95
ACCORDANCE WITH AMENDED PLAN "B")
0L" TIVC!TnTT A MT"T7ll T. nT.,Tt,-w 11
16.
RATIFY MANAGER'S EMERGENCY ACTION R 95-733
IN AUTHORIZING PROCUREMENT OF: 10/26/95
(1) HAZARDOUS MATERIAL
MONITORS -- FROM SAFECO, INC. AND
SAFTEY EQUIPMENT CO. ($8,026);
(2) RADIO REPEATERS AND
SOFTWARE -- FROM MOTOROLA, INC.
($10,681); AND (3) FIBEROPTIC
SEARCH SCOPE -- FROM OLYMPUS
AMERICA, INC. ($17,204) -- FOR
THE URBAN SEARCH AND RESCUE TASK
FORCE (FIRE -RESCUE DEPARTMENT) --
ALLOCATE FUNDS ($35,911 FROM CIP
313825.
WAIVE PROHIBITION CONTAINED IN
R 95-734
COE 83-53 OF THE FLORIDA
10/26/95
COMMISSION OF ETHICS AS IT
APPLIES TO EMILIO LOPEZ, WHO
SERVES ON THE CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD, IN
RELATION TO HIS EMPLOYMENT WITH
PUBLIC SERVICE AGENCY BORINQUEN
HEALTH CARE CENTER, INC., WHICH
RECEIVES COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS.
RATIFY MANAGER'S WAIVING OF
R 95-735
REQUIREMENTS FOR COMPETITIVE
10/26/95
SEALED BIDS AND OBTAINING
INFORMAL QUOTES FOR CITYWIDE LOT
CLEARING SERVICES FROM: (1) CANO
LANDSCAPING SERVICES, (2) J.R.
ALVAREZ LAND CLEARING, (3)
RIPLEY'S LAWNCARE, INC., (4) L.
JONES TRUCK SERVICE, (5) DOUBLE B
ENTERPRISES, INC., (6) PAINT
PERFECT AND (7) ROBERT
McINTYRE -- ALLOCATE $170,000.
39-40
41
42-46
17, (A) GRANT REQUEST BY COCONUT R 95-736 47-52
GROVE STANDING FESTIVAL COMMITTEE 10/26/95
TO RETAIN REVENUES COLLECTED FROM
STREET CAFES (APPROXIMATELY
$75,000-$90,000 ANNUALLY) --
STIPULATE THAT MONIES BE USED FOR
MAINTENANCE OF DESIGNATED
FESTIVAL PROJECTS.
(B) COMMISSIONER DAWKINS DIRECTS
ADMINISTRATION TO GIVE PRIORITY
TO WYNWOOD, OVERTOWN, LIBERTY
CITY, EAST LITTLE HAVANA, AND
COCONUT GROVE IN NEXT COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING CYCLE, IN CONNECTION WITH
DESIGNATED PROJECTS.
18. APPROVE FUNDING REQUEST FROM R 95-737 53-55
COMMISSION ON THE STATUS OF WOMEN 10/26/95
IN CONNECTION WITH: (1)
INSTALLATION OF INSCRIBED PLAQUE
AS TESTIMONIAL TO ACHIEVEMENTS OF
MIAMI WOMEN; AND (2) ERECTION OF
STATUTE / MONUMENT OF JULIA
TUTTLE -- IN CELEBRATION OF
MIAMI'S 100TH BIRTHDAY: "MIAMI
CENTENNIAL '96 WOMEN'S HALL OF
FAME... IN JULIA'S FOOTSTEPS."
19. DISCUSS AND DEFER TO NOVEMBER DISCUSSION 55-56
16TH MEETING REQUEST TO CHANGE 10/26/95
NAME OF SOUTH BAYSHORE DRIVE TO
BRICKELL BAYSHORE DRIVE.
20. GRANT REQUEST FROM ISLAND
R 95-738 56-59
PRODUCTION FOR FEE WAIVERS AND
10/26/95
EXTENSION OF HOURS CONCERNING
UNION MUSICAL '95, AN ALL -DAY
FESTIVAL BENEFITING MAKE A -WISH -
FOUNDATION (NOVEMBER 25, 1995).
21. GRANT REQUEST FROM MIAMI JACKSON
R 95-739 60-61
HIGH SCHOOL FOR FEE WAIVER FOR
10/26/95
USE OF CURTIS PARK / COMSTOCK
PARK / MOORE PARK / ROBERTO
CLEMENTE PARK CONCERNING
CELEBRATION OF THE FIRST
DOMINICAN MANCOMMUNITY GAMES OF
FLORIDA (NOVEMBER 10-12 & 17-19,
1995).
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22. (A) PERSONAL APPEARANCE: MS.
KITTY ROEDEL, PRESIDENT, SPRING
GARDEN CIVIC ASSOCIATION -- TO
ADDRESS CITY'S INTENT TO
ACCOMMODATE THE DEPARTMENT OF
JUVENILE JUSTICE ASSIGNMENT
CENTER AT THE OLD MUNICIPAL
POLICE DEPARTMENT ON N.W. 11
STREET.
(B) INSTRUCT CITY MANAGER TO
DIRECT PUBLIC WORKS DEPARTMENT TO
COME BACK TO THE COMMISSION,
IMMEDIATELY, WITH THE APPROPRIATE
METHOD OF ADDRESSIr:G THE FLOODING
PROBLEM IN NORTH RIVER DRIVE.
23. PERSONAL APPEARANCE: MS. MIRIAM
DONNER CONCERNING HER ACCUSATIONS
OF DISCRIMINATION AND DENIAL OF
EQUAL PROTECTION -- TABLE UNTIL
END OF MEETING. (See labels 57 &
67)
24. DISCUSSION CONCERNING REQUEST BY
MR. WALTER HARDEMON, PRESIDENT,
YOUTH OF AMERICA, INC. FOR FEE
WAIVER FOR USE OF WATSON ISLAND
(DECEMBER 15, 1995-JANUARY 3,
1996) -- REFER TO MANAGER TO FIND
A SUITABLE LOCATION TO HOLD
CARNIVAL EVENT -- RESCHEDULE ITEM
FOR NOVEMBER MEETING.
25. GRANT REQUEST FOR WAIVER OF ALL
LEGALLY WAIVABLE FEES FOR USE OF
COMSTOCK PARK CONCERNING EL
MERENGON CON SALSA FESTIVAL
(NOVEMBER 5, 1995).
26. APPROVE PLANS FOR A UNIQUE
LANDMARK STRUCTURE (PROJECT "M")
AT RIVERWALK METROMOVER
STATION -- PRESENTED BY VIVIAN
RODRIGUEZ, EXECUTIVE DIRECTOR,
METRO-DADE ART IN PUBLIC PLACES.
DISCUSSION
10/26/95
DISCUSSION
10/26/95
DISCUSSION
10/26/95
R 95-740
10/26/95
R 95-741
10/26/95
27. GRANT REQUEST FROM CENTRAL R 95-742
SHOPPING PLAZA MERCHANTS 10/26/95
A O IATION FOR A CLASS I SPECIAL
62-64
64-65
65-67
6'7-70
70-72
72-73
SS C
PERMIT IN CONNECTION WITH ITS
HOSTING OF AMUSEMENT RIDES
(OCTOBER 27-NOVEMBER 5, 1995).
i
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28.
29.
30.
31.
32.
EMERGENCY ORDINANCE: ESTABLISH ORDINANCE
INITIAL RESOURCES / 11316
APPROPRIATIONS FOR SPECIAL 10/26/95
REVENUE FUND: COPS AHEAD --
AUTHORIZE MANAGER TO ACCEPT GRANT
FROM U.S. DEPARTMENT OF JUSTICE
($450,000) -- EXECUTE DOCUMENTS.
EMERGENCY ORDINANCE: AMEND ORDINANCE
10021, WHICH ESTABLISHED INITIAL 11317
RESOURCES / APPROPRIATIONS FOR 10/26/95
,LAW ENFORCEMENT TRUST FUND
(LETF) -- TO PROVIDE FOR INCREASE
IN FUND ($504,303.68), DUE TO
SUCCESSFUL FORFEITURE ACTIONS.
EMERGENCY ORDINANCE: AMEND 11205 ORDINANCE
(CAPITAL 'IMPROVEMENTS 11318
APPROPRIATIONS ORDINANCE) -- 10/26/95
INCREASE APPROPRIATIONS FOR
PROJECT: MIAMI RIVERSIDE CENTER
ACQUISITION (311045) --
APPROPRIATE $93,752 FROM SPECIAL
OBLIGATION BONDS, SERIES 1995.
DISCUSS AND DEFER (TO NEXT DISCUSSION
MEETING) CONSIDERATION OF 10/26/95
PROPOSED EMERGENCY ORDINANCE TO
AMEND CODE SECTION 35-115,
ARTICLE VI (REVOCATION OF LICENSE
FOR VIOLATIONS) -- TO INCLUDE NEW
SECTION 35-117 (TEMPORARY USE FOR
SPECIAL EVENTS) -- TO REQUIRE
PARKING LOT OPERATORS TO PROVIDE
UNIFORMED SECURITY GUARDS FOR
SPECIAL EVENTS AND OFF -DUTY
POLICE OFFICERS, AS UNIFORMED
SECURITY, FOR LOTS WITH CAPACITY
FOR 125 OR MORE VEHICLES.
FIRST READING ORDINANCE: AMEND ORDINANCE
CODE CHAPTER 30, ARTICLE III, FIRST
DIVISION 2, WHICH SETS FORTH READING
RATES / CHARGES FOR CITY GOLF 10/26/95
COURSES -- ADD NEW SECTION 30-57
EXEMPTING THOSE CITY GOLF COURSE
FACILITIES OPERATED / MANAGED BY
PRIVATE PARTIES PURSUANT TO
AGREEMENTS HAVING TERMS nF 2n
74-75
76-77
77-78
79-81
81-84
33, SECOND READING ORDINANCE: AMEND
CODE CHAPTER 54 (STREETS AND
SIDEWALKS) BY AMENDING SECTION
54-104 (NONSTANDARD STREET
WIDTHS) -- MODIFY WIDTH OF N.W. 1
STREET BETWEEN NORTH MIAMI AVENUE
AND N.W. 1 AVENUE.
34. SECOND READING ORDINANCE:
ESTABLISH SPECIAL REVENUE FUND:
SAFE HAVEN'S GRANT FOR OUTREACH
TO MENTALLY ILL INDIVIDUALS ---
APPROPRIATE $72,550, CONSISTING
OF A GRANT FROM U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
(HUD) THROUGH NORTH WEST DADE
MENTAL HEALTH CENTER -- AUTHORIZE
MANAGER TO ACCEPT SAID GRANT
AWARD AND TO EXECUTE NECESSARY
DOCUMENTS.
35.
36.
SECOND READING ORDINANCE:
ESTABLISH TWO NEW SPECIAL REVENUE
FUNDS: (1) GOOMBAY PLAZA HUD
SECTION 108, AND (2) GOOMBAY
PLAZA ECONOMIC DEVELOPMENT
INITIATIVE GRANT -- APPROPRIATE
$2,000,000 AND $300,000,
RESPECTIVELY -- AS APPROVED BY
U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) -- TOTAL
CDBG APPROPRIATION: $2,300,000.
FIRST READING ORDINANCE:
ESTABLISH NEW SPECIAL REVENUE
FUND: "SOLID WASTE REDUCTION:
RECYCLING AND EDUCATION (FY
'96)" -- APPROPRIATE $456,781 FOR
DEVELOPMENT AND IMPLEMENTATION.
ORDINANCE 85
11319
10/26/95
ORDINANCE
11320
10/26/95
ORDINANCE
11321
10/26/95
ORDINANCE
FIRST
READING
10/26/95
86-87
37. FIRST READING ORDINANCE: REVOKE ORDINANCE 89-90
CITY COMMISSION ACTION WHICH FIRST
ABOLISHED THE BAYSIDE MINORITY READING
FOUNDATION -- AMEND ORDINANCE 10/26/95
11130.
'l-,
38.
ACCEPT SPECIAL WARRANTY DEED
R 95-743 90-91
FROM: (1) FLORIDA POWER AND
10/26/95
LIGHT COMPANY (FP&L), CONVEYING
TO THE CITY TRACT 2 OF THE
RIVERSIDE PLAZA PROPERTY, AND (2)
ALANDCO, INC. CONVEYING TO THE
CITY TRACT 1 OF THE RIVERSIDE
PLAZA PROPERTY -- RATIFY GRANT OF
EASEMENT TO FLORIDA POWER & LIGHT
COMPANY.
39.
AUTHORIZE CITY ATTORNEY'S
R 95-744 91-92
ENGAGEMENT OF LEIBOWITZ &
10/26/95
ASSOCIATES, P.A. -- TO PROVIDE
ADVICE, ANALYSIS, COUNSEL, AND
OTHER RELATED SERVICES REGARDING
CITY OF MIAMI'S EXISTING CABLE
TELEVISION LICENSE AGREEMENT AND
CONSIDERATION OF A FRANCHISE
RENEWAL -- ALLOCATE $100,000.
40.
ACCEPT BID: ANTHONY ABRAHAM
R 95-745 92-94
CHEVROLET -- FOR ACQUISITION OF
10/26/95
EXTENDED VEHICLE WARRANTIES FOR:
(1) 160 1995 CHEVROLET CAPRICE
POLICE PURSUIT VEHICLES, AND (2)
100 1995 CHEVROLET CAVALIER
AUTOMOBILES -- FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION
SOLID WASTE -- ALLOCATE $488,300.
41.
AUTHORIZE PURCHASE OF GASOLINE
R 95-746 94-95
AND DIESEL FUEL FROM 9 VENDORS
10/26/95
(AWARDED UNDER DADE COUNTY
CONTRACT NO. 3143-0/98) ON A SPOT
MARKET BASIS -- FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION
SOLID WASTE ALLOCATE
$1,225,000.
42.
APPROVE PURCHASE OF AUTOMOTIVE
R 95-747 95-96
PARTS AND ACCESSORIES FROM 22
10/26/95
VENDORS AWARDED BIDS (UNDER DADE
COUNTY CONTRACT NO. 1070-2/96) --
FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION / SOLID
WASTE, AND FIRE --RESCUE
ALLOCATE $1,000,000.
43.
ACCEPT BID: TAMIAMI AUTOMOTIVE
R 95-748 97-99
GROUP -- FOR FURNISHING 13
10/26/95
UTILITY VEHICLES FOR DEPARTMENT
OF GENERAL SERVICES
ADMINISTRATION / SOLID WASTE --
ALLOCATE $229,840.
44.
ACCEPT BIDS: (1) ACTION LAND
R 95-749 99-101
DEVELOPMENT, CORP., (2)
10/26/95
DEMOLITION MASTERS, INC., AND (3)
J.R. BUILDERS, INC. -- FOR
FURNISHING DEMOLITION SERVICES
FOR DEPARTMENT OF BUILDING AND
ZONING -- ALLOCATE $200,000 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) DEMOLITION FUND.
45.
ALLOCATE. UNEXPENDED 19TH YEAR
R 95-750 101-102
COMMUNITY DEVELOPMENT BLOCK GRANT
10/26/95
(CDBG) FUNDS ($100,000) -- FOR
RENOVATION OF THE ALLAPATTAH
Y.M.C.A. BUILDING FACILITY
(PROJECT NO. 703402) AT 2370 N.W.
17 AVENUE -- EXECUTE AGREEMENT.
46.
ALLOCATE FUNDS FROM 1994 HOUSING
R 95-751 102-104
OPPORTUNITIES FOR PERSONS WITH
10/26/95
AIDS (HOPWA) PROGRAM GRANT (1)
INCREASING THE FUNDING OF
ECONOMIC OPPORTUNITY FAMILY
HEALTH CENTER, INC. ($398,828)
FOR PROVISION OF LONG TERM,
TENANT BASED RENTAL ASSISTANCE TO
QUALIFIED PERSONS UNDER THE HOPWA
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PROGRAM, AND (2) APPROVING THE
FUNDING OF DADE COUNTY SPECIAL
HOUSING PROGRAMS DEPARTMENT
($59,000) -- FOR PROVISION OF
HOUSING QUALITY STANDARDS
INSPECTIONS REQUIRED BY U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) UNDER SAID
HOPWA PROGRAM -- EXECUTE
NECESSARY DOCUMENTS.
47.
(A) DISCUSS AND DEFER (TO NEXT
MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO AUTHORIZE
MANAGER TO EXECUTE AGREEMENT WITH
TACOLCY ECONOMIC DEVELOPMENT
CORPORATION FOR RENOVATION OF
EDISON MARKETPLACE BUILDING,
ALLOCATING $100,000 FROM 21ST
YEAR CDBG FUNDS.
(B) COMMISSIONER DAWKINS REQUESTS
MANAGER TO MEET WITH HIM PRIOR TO
NEXT COMMISSION MEETING TO
ADDRESS RENOVATIONS NECESSARY AT
THE TACOLCY YOUTH CENTER, AND
MARTIN LUTHER KING BUILDING, AS
WELL AS PARKING.
48. AUTHORIZE ACQUISITION OF
EMERGENCY GENERATORS / RELATED
EQUIPMENT / SERVICES -- FROM
UNISYS CORPORATION (UNDER STATE
OF FLORIDA CONTRACT NO. 250-050-
94-1) -- ALLOCATE $3,000,000 --
AUTHORIZE MANAGER TO NEGOTIATE
WITH UNISYS AND/OR FINANCIAL
INSTITUTIONS FOR MOST FAVORABLE
FINANCING -- EXECUTE NECESSARY
DOCUMENTS.
49. AUTHORIZE ACQUISITION OF COMPUTER
NETWORK / ROBOTICS TECHNOLOGY /
RELATED SERVICES FROM VARIOUS
VENDORS (UNDER STATE OF FLORIDA
CONTRACT NO. 250-040-96-1 AND
METROPOLITAN DADE COUNTY CONTRACT
NOS. 1.059-2/98-OTR-CW AND 19411-
2/96-OTR-CW) -- ALLOCATE
$3,500,000 -- AUTHORIZE MANAGER
TO NEGOTIATE WITH VENDORS FOR
MOST FAVORABLE FINANCING.
50. AUTHORIZE ACQUISITION OF
MICROCOMPUTERS / RELATED
PERIPHERALS / SOFTWARE / SERVICES
FROM VARIOUS VENDORS (UNDER STATE
OF FLORIDA CONTRACT NO. 250-040-
96-1 AND METROPOLITAN DADE COUNTY
CONTRACT NOS. 1059-2/98-OTR-CW
AND 1.941--2/96-OTR-CW) FOR
DEPARTMENT OF FINANCE -- ALLOCATE
$2,500,000 -- AUTHORIZE MANAGER
TO NEGOTIATE WITH VENDORS FOR
MOST FAVORABLE FINANCING.
DISCUSSION
10/26/95
R 95-752
10/26/95
R 95-753
10/26/95
R 95-754
10/26/95
105
106-107
107-108
109-110
51.
APPROVE ACQUISITION OF A
R 95-755 111
DICTAPHONE DUAL RECORDER /
10/26/95
REPRODUCER SYSTEM -- FROM
DICTAPHONE CORPORATION (UNDER
STATE OF FLORIDA CONTRACT NO.
725-630-94) -- FOR POLICE
DEPARTMENT -- ALLOCATE
$421,571.75 FROM E911 BUDGET.
52.
ACCEPT BID: LEADEX
R 95-756 112-113
CORPORATION -- FOR FURNISHING /
10/26/95
INSTALLATION OF PLAYGROUND
EQUIPMENT / ACCESSORIES AT
CRESTWOOD PARK FOR DEPARTMENT OF
PARKS AND RECREATION --- ALLOCATE
$17,100 FROM CIP 331383.
53.
ACCEPT BID: AAA TENNIS COURTS --
R 95-757 113-114
FOR RESURFACING BASKETBALL COURT
10/26/95
AT CRESTWOOD PARK FOR DEPARTMENT
OF PARKS AND RECREATION --
ALLOCATE $12,260.25 FROM CIP
331383.
54.
ACCEPT BID: F & L CONSTRUCTION,
R 95-758 114-116
INC. ($240,500 TOTAL BID) -- FOR
10/26/95
CITYWIDE SIDEWALK REPLACEMENT
PROJECT - PHASE 13 B-4583 --
ALLOCATE FUNDS FROM CIP 341175 --
$240,000 - CONTRACT COST;
$28,943.72 - EXTIMATED EXPENSES;
TOTAL COST $269,443.72 --
COMMISSIONER DAWKINS REQUESTS,
THROUGH CITY MANAGER, A MEETING
WITH PUBLIC WORKS PRIOR TO
ISSUANCE OF ANY WORK ORDERS.
55.
ACCEPT BID: F & L CONSTRUCTION,
R 95-759 117-118
INC. ($250,000 TOTAL BID) --
10/26/95
CITYWIDE SIDEWALK REPLACEMENT
PROJECT - PHASE 10 (SECOND
-
BIDDING) B--4572 -- ALLOCATE FUNDS
FROM CIP 341175 -- $250,000 -
CONTRACT COST; $29,946.80 -
ESTIMATED EXPENSES; TOTAL COST
$279,946.80 -- EXECUTE
CONTRACT -- COMMISSIONER DAWKINS
REQUESTS, THROUGH CITY MANAGER, A
MEETING WITH PUBLIC WORKS PRIOR
TO ISSUANCE OF ANY WORK ORDERS.
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566
57.
58.
59.
(A) ACCEPT BID: P.J.
R 95-760
CONSTRUCTORS, INC. ($489,998.50
R 95-761
TOTAL BID) -- FOR WAGNER CREEK
10/26/95
RENOVATIONS PHASE III B-5527B --
ALLOCATE FUNDS FROM CIP 352230 --
$489,998.50 - CONTRACT COST;
$79,834 - ESTIMATED EXPENSES;
TOTAL COST $569,832.50 -- EXECUTE
CONTRACT.
(B) AUTHORIZE MANAGER TO EXECUTE
PROFESSIONAL SERVICE AGREEMENTS
WITH: (1) BERMELLO AJAMIL &
PARTNERS, INC. (2) ANDRES DUANY &
ELIZABETH PLATER-ZYBERK, (3)
LAURA M. PEREZ & ASSOCIATES,
INC., (4) SEQUEIRA & GAVARETTE,
P.A., AND (5) THE ARCHITECTURAL
DESIGN CONSORTIUM, INC. --- TO
PROVIDE PROFESSIONAL GENERAL
ARCHITECTURAL SERVICES --
AUTHORIZE MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENTS
WITH: (1) ALBERT A. PEREZ
ASSOCIATES, (2) CHARLES A. ALDEN,
LANDSCAPE ARCHITECT, AND (3)
BERMELLO AJAMIL & PARTNERS,
INC. -- TO PROVIDE PROFESSIONAL
LANDSCAPE ARCHITECTURAL SERVICES.
CONTINUED PERSONAL APPEARANCE:
DISCUSSION
MS. MIRIAM DONNER CONCERNING HER
10/26/95
ACCUSATIONS OF DISCRIMINATION AND
DENIAL OF EQUAL PROTECTION. (See
labels 23 & 67)
DISCUSSION CONCERNING FUNDING
DISCUSSION
REQUEST BY CARIBBEAN AMERICAN
10/26/95
BUSINESS NETWORK -- REFER TO
ADMINISTRATION.
WAIVE FORMAL COMPETITIVE BIDS FOR
R 95-762
EMERGENCY REPAIRS TO CORRECT
10/26/95
MAJOR ELEVATION DIFFERENCES AND
ACCESSIBILITY PROBLEMS DUE TO
GROUND SETTLEMENT AT DOUGLAS
PARK -- AUTHORIZE MANAGER TO
AWARD CONTRACT AS EXPEDITIOUSLY
AS PRACTICABLE IN AN AMOUNT NOT
TO EXCEED $70,000.
119-123
123
124-125
125-126
60,
GRANT REQUEST BY DEMETRIO PEREZ,
JR., PRESIDENT, BIPRISA FOR FEE
WAIVER FOR USE OF MANUEL ARTIME
COMMUNITY CENTER FOR A
THANKSGIVING CELEBRATION
(NOVEMBER 21, 1995).
61.
GRANT REQUEST BY DR. CASTELL V.
BRYANT, PRESIDENT, MIAMI-DADE
COMMUNITY COLLEGE, WOLFSON CAMPUS
FOR RENTAL FEE WAIVER AT BOBBY
MADURO STADIUM FOR THE COLLEGE'S
1995 BASEBALL SEASON.
62.
REAFFIRM POLICY THAT WHENEVER
REQUESTS FOR PROPOSALS (RFP) ARE
ISSUED THERE SHALL BE A
REQUIREMENT FOR MINORITY
PARTICIPATION.
63.
APPOINT CARLOS ARBOLEYA, SR. AS A
MEMBER OF TUCOM (THE UNITY
COUNCIL OF MIAMI). (See label
72)
64.
RELATED TO ACQUISITION OF GRANITE
MANAGEMENT CORPORATION INTEREST
IN FIRE STATION N0. 4 (1000 S.
MIAMI AVENUE) -- TO REFLECT THAT
GRANITE MANAGEMENT CORPORATION IS
THE SUCCESSOR -IN -INTEREST OF
GRANITE MANAGEMENT AND
DISPOSITION, INC. -- INDICATE
ACTUAL PAYMENT OF $253,706.94 TO
SAID SUCCESSOR -IN -INTEREST --
AUTHORIZE PAYMENT OF CLOSING
COSTS $63,144.14 -- ALLOCATE
FUNDS -- AMEND 95-300.
65.
ACCEPT BID: LASER PRODUCTION
NETWORK -- FOR FURNISHING ONE
LASER TUBE AND CONTROL MODULE FOR
THE MILDRED AND CLAUDE PEPPER
FOUNTAIN, BAYFRONT PARK --
ALLOCATE $34,578.50 FROM CIP
331305.
66.
ACCEPT PROPOSAL: HIGH TECH
CONCRETE -- FOR INSTALLATION OF
CENTENNIAL PLAZA IN MILDRED AND
CLAUDE PEPPER BAYFRONT PARK --
ALLOCATE $130,000 FROM CIP
CENTENNIAL PLAZA PROJECT.
R 95-763
10/26/95
R 95-764
10/26/95
DISCUSSION
10/26/95
M 95-765
10/26/95
R 95-766
10/26/95
R 95-767
10/26/95
127-128
128-129
129-130
131
132-133
133-134
R 95-768 134-135
10/26/95
Zia
67. (Continued) PERSONAL APPEARANCE: DISCUSSION 135-139
MS. MIRIAM DONNER CONCERNING HER 10/26/95
ACCUSATIONS OF DISCRIMINATION AND
DENIAL OF EQUAL PROTECTION. (See
labels 23 & 57)
68. DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED
RESOLUTION TO ACCEPT PROPOSAL AND
SELECT BUNKERS OF MIAMI, INC. AS
SOLE QUALIFIED RESPONDENT TO
REQUEST FOR QUALIFICATIONS (RFQ)
(PURSUANT TO 94--584) -- FOR
MANAGEMENT / OPERATION ( INCLU,-, T NG
CONSTRUCTION / RENOVATION) OF
MELREESE MUNICIPAL GOLF COURSE.
(See label 73)
69. DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE EMERGENCY
PROCUREMENT OF 200 1996 FORD
CROWN VICTORIA PURSUIT
SPECIFICATION VEHICLES. (See
label 71)
70. GRANT REQUEST BY CHURCH OF THE
INCARNATION FOR CLOSURE OF N.W.
54 STREET BETWEEN 18 & 19 AVENUES
IN CONNECTION WITH ITS DEDICATION
EVENT (OCTOBER 28, 1995) -- GRANT
REQUEST FOR TWO FREE POLICE
OFFICERS.
(Continued) AUTHORIZE EMERGENCY
PROCUREMENT OF 200 1996 FORD
CROWN VICTORIA PURSUIT
SPECIFICATION VEHICLES (USING
FLORIDA SHERIFFS ASSOCIATION
COOPERATIVE BID NO. 95-03-
0925) -- FROM DON REID FORD --
ALLOCATE $4,182,200 -- AUTHORIZE
MANAGER TO NEGOTIATE WITH VARIOUS
VENDORS FOR MOST FAVORABLE
FINANCING, AND TO EXECUTE
NECESSARY DOCUMENTS. (See label
69)
72. (Continued) APPOINT ALICIA BARO
AS A MEMBER OF TUCOM (THE UNITY
COUNCIL OF MIAMI). (See label
63)
DISCUSSION
10/26/95
DISCUSSION
10/26/95
R 95-769
10/26/95
R 95-770
10/26/95
139-143
143-144
144-147
147-149
73.
(Continued) ACCEPT PROPOSAL:
R 95-772 151-154
SELECT BUNKERS OF MIAMI, INC. AS
10/26/95
SOLE QUALIFIED RESPONDENT TO
REQUEST FOR QUALIFICATIONS (RFQ)
AUTHORIZED BY CITY COMMISSION
(RESOLUTION 94-584) -- FOR
MANAGEMENT / OPERATION (INCLUDING
ANY REQUIRED CONSTRUCTION /
RENOVATION) OF MELREESE MUNICIPAL
GOLF COURSE -- AUTHORIZE MANAGER
TO EXECUTE AGREEMENT AND TO
ENGAGE IN COMPETITIVE
NEGOTIATIONS FOR PROCUREMENT OF
ALL SERVICES NECESSARY TO
COMPLETE RENOVATIONS -- ALLOCATE
$3,900,000 FROM THE SUNSHINE
STATE GOVERNMENTAL FINANCING
COMMISSION, SECONDARY LOAN POOL.
(See label 68)
74.
GRANT REQUEST FROM CODEC, INC.
R 95-773 154-168
FOR DEFERMENT OF LOAN PAYMENT DUE
10/26/95
TO THE CITY FOR MELROSE TOWNHOMES
PROJECT - PHASE II AND
FEASIBILITY OF PHASE III, SUBJECT
TO PROVISOS.
75.
BRIEF COMMENTS BY VICE MAYOR
DISCUSSION 168-171
PLUMMER ON DETERIORATION OF ST.
10/26/95
HUGH OAKS.
76.
RESCIND 94-718 -- GRANT SPECIAL
R 95-774 171-177
EXCEPTION TO ALLOW AN EXTENDED
10/26/95
CARE FACILITY AT 3800-3850 W.
FLAGLER STREET (ZONED C-1
RESTRICTED COMMERCIAL).
[Applcant(s): Jose M. Alvarez,
Miami Mental Health Center.]
77.
APPROVE MAJOR USE SPECIAL PERMIT
R 95-775 177-181
FOR THE LINDSEY HOPKINS TECHNICAL
10/26/95
EDUCATION CENTER PARKING GARAGE
PROJECT OF 879 PARKING SPACES, TO
BE LOCATED AT 710 N.W. 20 STREET,
WITH CONDITIONS. [Appl.irant(s):
School Board of Dade County,
Miami Parking System.]
78.
SECOND READING ORDINANCE: AMEND
ORDINANCE
ZONING ORDINANCE 11000 TEXT --
11322
ALLOW, AS A CONDITIONAL PRINCIPAL
10/26/95
USE IN PR -PARKS AND RECREATION
ZONING DISTRICTS, CAMPING
FACILITIES BY SPECIAL EXCEPTION,
WITH CITY COMMISSION APPROVAL
ONLY, AND SUBJECT TO CERTAIN
EXCEPTIONS. [Applicant(s):
Community Planning &
Revitalization Dept.]
79.
SECOND READING ORDINANCE: AMEND
ORDINANCE
ZONING ORDINANCE 11000 TEXT --
11323
MODIFY LIMITATIONS FOR LAUNDRY
10/26/95
AND DRY CLEANING FACILITIES
WITHIN C-1 RESTRICTED COMMERCIAL
ZONING DISTRICTS. [Applicant(s):
Community Planning &
Revitalization Dept.]
80.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
CONSIDERATION OF CARREFOUR CORP.
10/26/95
(See label 86)
81.
(A) INSTRUCT MANAGER TO WORK
M 95-776
EXPEDITIOUSLY WITH EDGEWATER
R 95-777
RESIDENTS ON ESTABLISHMENT OF A
10/26/95
NET (NEIGHBORHOOD ENHANCEMENT
TEAM) OFFICE.
(B) ALLOCATE $500,000 TO POLICE
PROGRAM IN EDGEWATER AREA.
(C) VICE MAYOR PLUMMER REQUESTS
DOCUMENTATION CONCERNING
PROSTITUTION ARRESTS AND LENGTH
OF SENTENCES SERVED -- REQUEST
THAT NAMES OF PROSTITUTES BE
SHOWN ON TELEVISION NET 9 (CABLE
CHANNEL) -- ENCOURAGE CITY
ATTORNEY AND POLICE CHIEF TO
PURSUE HAVING MINIMUM SENTENCE
GUIDELINES ESTABLISHED BY CHIEF
JUDGE OF THE CIRCUIT COURT FOR
CONVICTED PROSTITUTES.
82.
BRIEF DISCUSSION ON DATES FOR
DISCUSSION
COMMISSION MEETINGS IN DECEMBER.
10/26/95
(See label 84)
182
183-184
189-205
[*V
84.
85.
EZ2
VICE MAYOR PLUMMER REQUESTS DISCUSSION 206
MANAGER TO WRITE TO NBC (CHANNEL 10/26/95
6), ON BEHALF OF THE MAYOR,
THANKING THEM FOR AIRING TWO
HOURS OF POSITIVE TELEVISION
PROGRAMMING ABOUT MIAMI ON THE
"TODAY" SHOW,
(Continued) RESCHEDULE BOTH R 95-778 207-208
DECEMBER COMMISSION MEETINGS TO 10/26/95
TAKE PLACE ON DECEMBER 7, 1995.
(See label 82)
EXTEND HOURS FOR PACKAGE LIQUOR M 95-779 209-210
STORES TO REMAIN OPEN FOR 10/26/95
BUSINESS DURING CHRISTMAS AND NEW
YEAR HOLIDAYS.
(Continued) FURTHER DISCUSSION DISCUSSION 210-217
CONCERNING CARREFOUR CORP. (See 10/26/95
label 80)
i
t
AnhL
j
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of October, 1995, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 9:05 a.m. by Vice Mayor J.L. Plummer with the
following members of the Commission found to be present: j
I
Vice Mayor J.L. Plummer, Jr. E
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
ABSENT:
Mayor Stephen P. Clark
Commissioner Victor De Yurre
An invocation was delivered by Commissioner Gort, after which, Commissioner
Dawkins led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD:
Prior to the beginning of the meeting, Administration withdrew the
following agenda items: 23, 39, 40, 59 & 63.
Commissioner Dawkins announced that the Manager was about to
come to closure on the "Celebration" issue, Fie also said that he
would like a non -agenda item on Carr Four to be heard after 6:00
p.m.
Agenda Item CA-12 was deferred.
Vice Mayor Plummer announced that Mayor Clark would be
absent from this meeting.
1 October 26, 1995
IQ
----------------------------------------------------------------------- -----------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
(A) Presentation to the City of Miami: $25,000 check for playground equipment and
improvements to parks located in the vicinity of Woodlawn Park Cemetery --
presented by Keenan L. Knopke, President, Woodlawn Park Cemetery Company.
(B) Commendation: Police Officer Melvin Calixto -- Most Outstanding Officer for
Month of July 1995.
(C) Commendation: Detectives Boris Mantecon and Placido Diaz -- Most Outstanding
Officers for Month of August 1995.
(D) Commendation: Detective Celestino Perera -- Most Outstanding Officer for Month
of September 1995.
(E) Certificate of Appreciation: Ms. Linda Watson -- for her commitment and
involvement in Overtown.
Vice Mayor Plummer: The final presentation today is one that I asked for. Pedro Rodriguez
here? Is Pedro Rodriguez here?
Mr. Cesar Odio (City Manager): Not here.
Vice Mayor Plummer: The Disability Employment Awareness Month. Is Pedro Rodriguez
here?
Commissioner Dawkins: Why not hold it until he shows up.
Vice Mayor Plummer: All right. If he were to show up, we'll check a little later on and...
----------------------------------------------------------------------------------------------------------------
2. COMMISSIONER DAWKINS COMMENDS POLICE OFFICERS FOR
APPREHENSION OF STOLEN VEHICLE AND RETRIEVAL OF STOLEN
MERCHANDISE WORTH $8,000.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: While we're here Commissioner...
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: ... Vice Mayor Plummer...
Vice Mayor Plummer: That's all of the presentations.
Commissioner Dawkins: While we're here...
Vice Mayor Plummer: Yes, sir.
2
October 26, 1995
ar`
Commissioner Dawkins: Tuesday morning at five -thirty, while I was walking on 12th Avenue
and about 38th Street, I saw five City of Miami Police who had stopped a vehicle.
Vice Mayor Plummer: Can... Wait a minute, excuse me. Can we be a little bit more quiet back
here, please? Thank you.
Commissioner Dawkins: And it was four City of Miami police and two County police. They
had chased a vehicle, stolen vehicle, and in the back of the vehicle - you must know that we, our
people, are on top of everything - there were six ladies' handbags that ranked in price from seven
hundred to nine hundred and fifty dollars ($700 to $950); there were twelve pair of jeans, men's
jeans, that were a hundred and eighty dollars ($180) a pair; there was a man's suede blazer - not
a jacket - that was eleven hundred and fifty dollars ($1,150). All totalled, they had more than
eight thousand dollars ($8,000) worth of stolen merchandise on the back of a vehicle. And I
would like for this Commission to let the Chief know that those officers who apprehended those
individuals are doing a good job, and we are very appreciative.
Vice Mayor Plummer: So be it. Mr. Warshaw - I saw him here - did you hear the
Commissioner? You'll take note.
NOTE FOR THE RECORD: On motion duly made by
Commissioner Dawkins and seconded by Commissioner Gort, the
minutes of Commission meeting of September 14, 1995, were
approved by the Commission.
------------- ---------------------------------------------------------------------------------------------------
3. CONSENT AGENDA -- MISCELLANEOUS COMMENTS.
Vice Mayor Plummer: All right. We're now on consent agenda, and we've had one item pulled,
which was what, CA-12, Commissioner?
Commissioner Dawkins: Yes, CA-12.
Vice Mayor Plummer: CA-12.
Commissioner Dawkins: I pulled CA-12.
Vice Mayor Plummer: Is there any other Commissioner wishing to pull any other consent item?
Hearing none, is there anyone of the public who wishes to speak on items of the consent decree,
1 through 11?
Mr. Manuel Gonzalez-Goenaga: Yes.
Vice Mayor Plummer: Manny Quesada.
Mr. Gonzalez-Goenaga: Temporary Mayor.
Vice Mayor Plummer: All right, sir. What item is it you wish to address?
3 October 26, 1995
NOTE FOR THE RECORD: Commissioner De Yurre enters the
Commission Chamber at 9:15 a,m,
Mr. Gonzalez-Goenaga: 1 wish to address, as a comment, 1, 2, 10, 11 and 12.
Vice Mayor Plummer: No, 12 has been pulled.
Mr. Gonzalez-Goenaga: What do you mean "pulled"?
Vice Mayor Plummer: It's been pulled, and is the policy of the Commission, it will go over...
Mr. Gonzalez-Goenaga: Withdrawn.
Vice Mayor Plummer: It will go over to the next agenda as a regular item, not as consent.
Mr. Gonzalez-Goenaga: Well, I'm learning.
Vice Mayor Plummer: All right, sir. That was item 1, 2, and what other?
Mr. Gonzalez-Goenaga: One, 2, 10 and 11.
Vice Mayor Plummer: All right, sir. We'll now start with you on item 1.
Mr. Gonzalez-Goenaga: In item 1 and 2, I'm going to take them together. Item...
Vice Mayor Plummer: For the record, your name and mailing address.
Mr. Gonzalez-Goenaga: My name is Manny Boom -Boom Gonzalez. My mailing address and
residence, 2469 Southwest 14th Street, Miami, Florida.
Vice Mayor Plummer: Thank you, sir. Proceed with item 1.
Mr. Gonzalez-Goenaga: Item 1, it says about accepting the bid of Lawmen's and Shooters for
the furnishing of ammunition to the police. Well, I hope that it's not to kill more Mercados,
more Firmin Alamedas, and more Jacobs, and all the other citizens. What we need here... And
then on item number 2, personal protection.
Vice Mayor Plummer: All right, sir.
Mr. Gonzalez-Goenaga: Well, my only personal protection has been the Salvation Army. So I...
We have to be in equal footing between the police and the citizens. And then on item 10, item
10. Well, that was a misunderstanding. I thought that Rocky was going to be Rocky Odio, but
it's Rocky Raisen Way.
Vice Mayor Plummer: Yes, sir.
Mr. Gonzalez-Goenaga: Well, on number 11, I would like to have a full explanation about this,
because I understand that Mr.... the ex -Chief of Police all... fooled the City of Miami, and he
was awarded, for violation of his civil rights, two million dollars ($2,000,000). Could I explain
what's the issue on this particular... And why do we have to pay, in addition to, why do we... the
4 October 26, 1995
lawyer's fees? I understand he was awarded two million dollars ($2,000,000). I need an
explanation from the existing police chief or his assistants.
Vice Mayor Plummer: Are you finished, sir?
Mr. Gonzalez-Goenaga: No, 11. Well, I would like to have an answer.
Commissioner Gort: You'll get it at the end.
Vice Mayor Plummer: Well, get finished first.
Mr. Gonzalez-Goenaga: Well, I finished there.
Vice Mayor Plummer: All right. Would you have a seat...
Mr. Gonzalez-Goenaga: And we should have in the consent agenda, advise first, and then
consent.
Vice Mayor Plummer: OK. If you'll have a seat, I'll ask the City Attorney to respond to the
quick question that you asked. Mr. City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Yeah. On item number 11, which involves the
approval of fees for appellate counsel involving the case of former Police Chief Perry Anderson,
who sued the City, myself and the previous City Attorney... You're correct. The jury awarded
Mr. Anderson two million dollars ($2,000,000), and awarded punitive damages against Mr.
Fernandez of five hundred thousand dollars ($500,000). Various post -trial motions were filed,
wherein we asked for a remitter to... which is a reduction in the award and/or a new trial. The
trial court reduced Mr. Anderson's judgment to four hundred thousand dollars ($400,000) with
the understanding that he had ten days from the date of the judgment to either accept the four
hundred thousand dollars ($400,000), or he would schedule a new trial.
Vice Mayor Plummer: Thank you, sir. Joe, you're here, I'm sure, on item 9?
Mr. Joe Wilkins: Item 9, yes, sir.
Vice Mayor Plummer: I'm sorry? All right. Let me get... Let me get finished with the CA
(consent agenda).,
Commissioner Dawkins: OK. Mr. Vice Mayor.
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: Could we move all of the consent agenda except 9, and then hear the
discussion on 9?
Vice Mayor Plummer: I'm sure we can, sir. If you choose to defer it, table it for a few minutes,
no problem. Is there one... anyone else wants to discuss any of the consent items 1 through 11?
Let the record reflect that no one else came forth. Before the vote on adopting the items
included in the consent agenda is taken, is there anyone present who - objector or proponent -
that wishes to speak on any item in the consent agenda? Hearing none, the vote on the adoption
of the consent agenda will now be taken. Moved by...
Commissioner Gort: Gort.
5
October 26, 1995
e0 0
Vice Mayor Plummer: Gort. Seconded by...
Commissioner Dawkins: Dawkins.
Vice Mayor Plummer: Both of my colleagues. Call the roll.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
IT WA 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
COMMISSIONER DAWKINS, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
3.1 ACCEPT BID: LAWMEN'S AND SHOOTERS, INC. -- FOR FURNISHING
AMMUNITION FOR DEPARTMENT OF POLICE -- ALLOCATE $7,136.22.
RESOLUTION NO. 95-717
A RESOLUTION ACCEPTING THE BID OF LAWMEN'S AND
SHOOTERS, INC. FOR THE FURNISHING OF AMMUNITION FOR
THE DEPARTMENT OF POLICE AT A PROPOSED AMOUNT OF
$7,136.22; ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET ACCOUNT CODE
NO. 290201-703; 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.)
6_
October 26, 1995
3.2 ACCEPT BID: I.P.S. -- FOR PURCHASE OF PERSONAL PROTECTION PACKS
FOR DEPARTMENT OF POLICE -- ALLOCATE $14,610.
RESOLUTION NO. 95-718
A RESOLUTION ACCEPTING THE BID OF I.P.S. FOR THE
PURCHASE OF PERSONAL PROTECTION PACKS FOR THE
DEPARTMENT OF POLICE, AT A TOTAL PROPOSED AMOUNT OF
$14,610.00; ALLOCATING FUNDS 'THEREFOR FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT NO.
290201-719; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.3 AUTHORIZE REPAIR / MAINTENANCE OF OVERHEAD DOORS -- BY BEST
GARAGE DOOR INC -- FOR DEPARTMENT OF FIRE -RESCUE (UNDER DADE
COUNTY CONTRACT NO. 0503-1/95-1) -- ALLOCATE $30,000.
RESOLUTION NO. 95-71.9
A RESOLUTION AUTHORIZING THE REPAIR AND
MAINTENANCE OF OVERHEAD DOORS FOR THE DEPARTMENT
OF FIRE -RESCUE, BY BEST GARAGE DOOR, INC., UNDER
EXISTING DADE COUNTY CONTRACT NO. 0503-1/95-1, FOR ONE
(1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT AN ESTIMATED
ANNUAL AMOUNT OF $30,000.00; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 280701-670;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
SAID SERVICE, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.4 APPROVE ACQUISITION OF MICROFILMING SERVICES -- FROM MICROFILM
DEPOT, INC. -- FOR DEPARTMENT OF BUILDING AND ZONING -- ALLOCATE
$50,000.
RESOLUTION NO. 95-720
A RESOLUTION APPROVING THE ACQUISITION OF
MICROFILMING SERVICES FROM MICROFILM DEPOT, INC. FOR
THE DEPARTMENT OF BUILDING AND ZONING, IN AN AMOUNT
NOT TO EXCEED $50,000.00, UNDER EXISTING DADE COUNTY
CONTRACT NUMBER 1444-0/96; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 560302-996, PROJECT NO.
421001; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR SAID SERVICES.
7 October 26, 1995
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.5 AUTHORIZE PURCHASE OF ENVELOPES FROM MAC PAPERS, INC. -- FOR
DEPARTMENT OF FINANCE (UNDER STATE OF FLORIDA CONTRACT NOS.
310-420-96-1 AND 310-070-96-1) -- ALLOCATE $13,000.
RESOLUTION NO. 95-721
A RESOLUTION AUTHORIZING THE PURCHASE OF ENVELOPES
FROM MAC PAPERS, INC., ON AN AS -NEEDED BASIS, FOR THE
DEPARTMENT OF FINANCE, UNDER EXISTING STATE OF
FLORIDA CONTRACT NUMBERS 310-420-96-1 AND 310-070-96-1,
FOR AN AMOUNT NOT TO EXCEED $13,000.00, FOR A PERIOD OF
ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICE,
TERMS AND CONDITIONS; ALLOCATING FUNDS THEREFOR
FROM THE GENERAL OPERATING BUDGETS OF THE VARIOUS
USER CITY DEPARTMENTS; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS, AS NEEDED, FOR SAID
PURCHASES, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.6 AUTHORIZE FUNDING OF ARISE FOUNDATION'S "ENVIRO-COPS"
PROGRAM -- ALLOCATE $14,500 FROM LAW ENFORCEMENT TRUST FUND
(LETF).
RESOLUTION NO. 95-722
A RESOLUTION AUTHORIZING THE FUNDING OF ARISE
FOUNDATION'S "ENVIRO-COPS" PROGRAM; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $14,500.00
FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTE
932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
October 26, 1995
3.7 APPROVE APPLICATION FOR TWO-DAY STATE LIQUOR PERMIT BY
FLORIDA INTERNATIONAL. RESTAURANT & HOTEL EXPO, INC. -- FOR
DISPLAY BY MANUFACTURERS / DISTRIBUTORS OF PRODUCTS LICENSED
UNDER STATE BEVERAGE LAW, AND FOR CONSUMPTION AT COCONUT
GROVE CONVENTION CENTER (JANUARY 17-18, 1996).
RESOLUTION NO. 95-723
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
APPROVAL OF THE APPLICATION FOR A TWO-DAY STATE
LIQUOR PERMIT BY FLORIDA INTERNATIONAL RESTAURANT
& HOTEL EXPO, INC., FOR THE DISPLAY BY MANUFACTURERS
OR DISTRIBUTORS OF PRODUCTS LICENSED UNDER THE
STATE BEVERAGE LAW, AND ALSO FOR CONSUMPTION OF
SUCH BEVERAGES ON THE PREMISES OF THE COCONUT
GROVE CONVENTION CENTER, MIAMI, FLORIDA, DURING THE
PERIOD OF JANUARY 17-18, 1996, SUCH APPROVAL BEING A
STATUTORY REQUISITE PRIOR TO THE STATE'S ISSUANCE OF
SAID PERMIT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.8 ALLOCATE $50,000 TO THE ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY (ABDA) -- FROM COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS -- FOR (1) EXPANDING ABDA'S ECONOMIC DEVELOPMENT
ACTIVITIES ($25,000); AND (2) PROVIDING ADMINISTRATIVE ASSISTANCE
WITH DEVELOPMENT OF RALPH'S PLAZA AND PHASE II OF FERN ISLE
GARDENS PROJECTS ($25,000) -- AMEND EXISTING AGREEMENTS.
RESOLUTION NO. 95-724
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING AN s
AMOUNT OF $50,000 TO THE ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY ("ABDA") FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF
EXPANDING ABDA'S ECONOMIC DEVELOPMENT ACTIVITIES
($25,000) AND PROVIDING ADMINISTRATIVE ASSISTANCE
WITH THE DEVELOPMENT OF RALPH'S PLAZA AND PHASE II
OF FERN ISLE GARDENS PROJECTS ($25,000); AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING
AGREEMENTS WITH ABDA FOR THESE PURPOSES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
October 26, 1995
3.9 CODESIGNATE S.W. 19 STREET FROM S.W. 17 TO 22. AVENUES AS: "ROCKY
RAISEN WAY."
RESOLUTION NO. 95-725
A RESOLUTION CODESIGNATING SOUTHWEST 19TH STREET
FROM SOUTHWEST 17TH AVENUE TO SOUTHWEST 22ND
AVENUE, MIAMI, FLORIDA, AS "ROCKY RAISEN WAY";
FURTHER, DIRECTING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN DESIGNATED AGENCIES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.10 AUTHORIZE CITY ATTORNEYS ENGAGEMENT OF BRUCE S. ROGOW, P.A. --
TO SERVE AS APPELLATE COUNSEL BEFORE U.S. COURT OF APPEALS FOR
ELEVENTH CIRCUIT -- IN CONNECTION WITH THE CASE OF PERRY L.
ANDERSON VS. CITY OF MIAMI, JORGE L. FERNANDEZ AND A. QUINN
JONES, III (CASE NO. 92-0435-CIV-MOORE) -- ALLOCATE $60,000 FROM SELF-
INSURANCE AND INSURANCE TRUST FUND.
RESOLUTION NO. 95-726
A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S
ENGAGEMENT OF THE LAW FIRM OF BRUCE S. ROGOW, P.A. TO
SERVE AS APPELLATE COUNSEL BEFORE THE UNITED STATES
COURT OF APPEALS FOR THE ELEVENTH CIRCUIT IN
CONNECTION WITH THE CASE OF PERRY L. ANDERSON VS.
CITY OF MIAMI, JORGE L. FERNANDEZ AND A. QUINN JONES,
III, CASE NO. 92-0435-CIV-MOORS; ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $60,000, FROM THE CITY OF
MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 620101-661, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
--------------------------------------------------------------------------------------------------------
4. CODESIGNATE S.W. 26 ROAD AS: "PIONEERS ROAD."
Commissioner Dawkins: I move that we hear...
Vice Mayor Plummer: As requested, item CA-9 is now on the floor. Your name and record...
name and address for the record. -
Mr. Joe Wilkins: My name is Joe Wilkins, and I have no record. 228...
(LAUGHTER)
10 October 26, 1995
Mr. Wilkins: 228 Southwest 23rd Road. 1 get to do the talking this morning, but I want to very
briefly introduce the folks that are really the movers of this designation, our historian, Carmen
Petsoules, from the Miami Roads Neighborhood Civic Association; Ms. Singleton, from the
Miarni Pioneers Club; and Ralph Bodre, president of the Mary Brickell Garden Club. We ask
for the designation of Southwest 26th Road as Pioneers Road, as kind of a collective designation
for all of our founding fathers and mothers of the City of Miami, that kind of haven't been
covered by other designations. We were granted a five -block stretch by the designation
committee, which, at the time, we looked at and said, thank you very ntuch. But on further
reflection, they left out, like, a block on one end, and two blocks on the other. It's a very short
road to begin with. We would just like to have the designation extended for the entire length of
the road from...
Vice Mayor Plummer: Public Works has no problem with that. Is there a motion?
Commissioner Dawkins: So move.
f
Vice Mayor Plummer: Moved by Dawkins. Is there a second? By, De; Yurre. Any further
discussion, any objection? Show it unanimous.
Mr. Wilkins: Thank you very much.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-727
A RESOLUTION CODESIGNATING SOUTHWEST 26TH ROAD FROM BRICKELL
AVENUE TO SOUTHWEST 13TH STREET, MIAMI, FLORIDA, AS "PIONEERS
ROAD"; FURTHER, DIRECTING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE HEREIN DESIGNATED AGENCIES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
i
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.
V
NAYS: None,
ABSENT: Mayor Stephen P. Clark
11 October 26, 1995
W
NOTE FOR THE RECORD; At this point, agenda items 2, 3, 4, 5,
and 6 were deterred.
----------------------------------------------------------------------------------------------------------------
5. DISCUSSION CONCERNING GUTTERS / CURBING / SIDEWALKS IN
ALLAPATTAH NEIGHBORHOOD.
Vice Mayor Plummer: Item 7, Commissioner Dawkins on the Allapattah Homeowners'
Association to discuss gutters, curbing and sidewalks in their neighborhood. Commissioner
Dawkins.
Commissioner Dawkins: Where is the spokesperson, please? Come to the mike, please, ma'am.
Vice Mayor Plummer: While she's coming to the mike, again, let me briefly announce the items
that have been pulled from today's agenda are the following. What did I do with it? All right,
39, 40, 23, 59, 12 on the consent agenda, 63 on the regular agenda, and the Manager wishes to
pull...
NOTE FOR THE RECORD: At this point, agenda item 9 was
withdrawn.
Vice Mayor Plummer: For the record, ma'am, if you will, state your name, and mailing address,
and proceed.
Ms. Albena Sumner: My name is Albena Sumner. My mailing address and residence is 1360
Northwest 37 Street, in Miami, Florida. I am the president of the Allapattah Homeowners'
Neighborhood Association. We brought some of our members here this morning. Prior to this
hearing, we had a meeting with City Manager Odio, and Mr. Lee, the Public Works Director,
and I'm happy to say that we've resolved some of the problems that we have. We plan to meet
with the Public Works Assistant Director tomorrow, as far as gutters, curbings, swales, and we
have some information that funds have been allocated for sidewalk repairs. We will work with
them and return to the Commission if, you know, we're not happy with the results, or if we have
other problems. There is one or two things that I would like to put on the record right now.
Crime is rampant in our area. We used to have a patrolman on horseback that was taken after
about 20-plus years, and he's been gone for five years. Crime has increased. One of our -
excuse me - one of the business leaders in our community, Mr. Peter Fedele, of Golden Sands
Development Corporation, has offered a facility on the first floor of the NationsBank Building.
He's pulled permits, and he's starting; to build that this weekend. It's anticipated that it will be
completed by Christmas. We need a response from the City of Miami Police Department as to
whether that can be accommodated. We would like to have a mini police station in there,
because we don't have any policing - excuse me - through there. As an alternative to that, if we
can't have that mini police station., and that's what we want, we would appreciate having the
patrolman on horseback again. We need to have at least two of them in the area. Excuse me for
just a minute. Thank you very much for your time. We are going to work with the Public Works
Department and the City Manager's Office on the curbing, the street and sidewalk repairs, and
12 October 26, 1995
the upgrade of the swale and sod and tree replacement. And we'll be back if we're not satisfied.
Thank you very much.
Commissioner Dawkins: Just a minute.
Ms. Sumner: Mm-hmm.
Commissioner Dawkins: A bus was supposed to pick you up. Did the bus pick you up?
Ms. Sumner: The bus did not pick us up. As a matter of fact, we... A gentleman in our
neighborhood who has a jitney brought eight of us down in a jitney, and we had to send most of
our homeowners home this morning. We were very... We were late.
Commissioner Dawkins: OK. Well, the bus driver is at 12th and 36th. I don't know what he's
doing there, but he will not be paid, and the jitney driver will be paid.
Ms. Sumner: Thank you very much.
Commissioner Dawkins: The bus driver is up there now, and I don't know how that happened.
Ms. Sumner: Well, he was supposed to be there at seven -fifteen. We waited until ten minutes to
eight.
Commissioner Dawkins: That's good. Thank you.
Ms. Sumner: Thank you very much.
Vice Mayor Plummer: Thank you for being here.
----------------------------------------------------------------------------------------------------------------
6. PERSONAL APPEARANCE: MS. CHRISTINE PONDER, COORDINATOR
FOR A DEAF BLACK GROUP -- DIRECT ADMINISTRATION / CITY
CLERK'S OFFICE TO OBTAIN SERVICES OF QUALIFIED INDIVIDUAL /
AGENCY TO PROVIDE ASSISTANCE WITH SIGN LANGUAGE
INTERPRETER AT NEXT COMMISSION MEETING.
Vice Mayor Plummer: Mr. Manager, just for the record, I have a note here from... I have... I'll
read it. Christine Ponder. I have some black deaf adults that would like to be heard about
service. And I understand that they would need a person that reads hands, and I am told that, it
is unfortunate, we have no one here today who does that, but that in the future, there will be,
without question, someone here who will be able to accommodate what is the needs. And
Christine, is that you? I thank you for bringing that to our attention, and the Manager has given
me every assurance that starting with the next meeting, he will endeavor to find someone who, in
fact, can accommodate those people, but today we're not prepared. OK? Come up to the
microphone, please.
Mr. Cesar Odio (City Manager): (Inaudible)
Vice Mayor Plummer: Mr. Manager, I think under the Disabilities Act, you have to have it,
don't you? Well, whatever we do to comply, that would be. OK?
13 October 26, 1995
Ms. Christine Ponder: OK. Uh...
Vice Mayor Plummer: Quickly, now, because I'm hearing you out of order.
Ms. Ponder: OK. Thank you very much. We have an interpreter that will work... is working...
Commissioner Dawkins: Pull the mike to you, please.
Vice Mayor Plummer: Pull the mike down. First of all, tell me your name and address.
Ms. Ponder: My name is Christine Ponder, 10820 Southwest 200 Drive, Apartment...
Vice Mayor Plummer: OK, quickly.
Ms. Ponder: Apartment 319, Miami, Florida, 33157.
Vice Mayor Plummer: OK.
Ms. Ponder: I'm the coordinator for the black deaf group. They are supposed to be here, but I
think they were given the wrong address. But we will have an interpreter to work with us. We
have a black interpreter. We are... and right now, I'm paying her to work with us.
Vice Mayor Plummer: OK.
Ms. Ponder: It's not coming through the DSB (Deaf Services Bureau). So this is the issue.
They want their own place that they can work for themselves, and do things for themselves, and
be independent, and get off of SSI (Supplemental Security Income). They want jobs.
Vice Mayor Plummer: Yeah. OK. I understand.
Ms. Ponder: OK. Thant: you.
Vice Mayor Plummer: Well, let them come back at the next meeting when we have the... are
prepared. All right. Thank you, ma'am. You're not on this agenda.
Ms. Ponder: No, I'm not.
Vice Mayor Plummer: OK.
Ms. Ponder: Uh-huh. We just heard about it.
Vice Mayor Plummer: OK.
----------------------------------------------------------------------------------------------------------
7. CODESIGNATE N.W. 17 AVENUE FROM N.W. 2 TO N.W. 7 STREETS AS:
"WILLY CHIRINO WAY."
Vice Mayor Plummer: The next item on the agenda is Commissioner Gort, who wants to take
care of Willy Chirino. Commissioner Gort.
Commissioner Gort: I think you all have the memo there. This is a request from Commissioner
Ferre that was passed by the Dade County... It was passed by Dade County, that we request the
Northwest - wait a minute - 17th Avenue, Northwest 17th Avenue from 2nd Street to Northwest
7th Street. This resolution was passed by the County. They'd like for us to pass it also.
Vice Mayor Plummer: All right.
Commissioner Gort: Naming it Willy Chirino Way.
Vice Mayor Plummer: Commissioner Gort makes the motion. Seconded by Commissioner De
Yurre.
Commissioner De Yurre: Time out.
Vice Mayor Plummer: Huh?
Commissioner De Yurre: No, just... Just for the record, are we going, then, to deviate from our
procedure?
Commissioner Dawkins: Which item are we on, sir?
Commissioner Gort: Well, this would be subject to the... My understanding is the other
committee could not hear it on time and this...
Commissioner De Yurre: No, no. What I'm saying is, I thought that we had passed some sort of
resolution that it was only going to be for people that passed away.
Mr. Manuel Gonzalez-Goenaga: Right.
Commissioner Gort: That has not been passed yet.
Vice Mayor Plummer: No, that we haven't passed yet, to my knowledge.
Commissioner De Yurre: OK. And by the number of streets, we're going to do away with that
also?
Vice Mayor Plummer: Well, as I recall, the only policy existing - Mr. City Attorney, you can
clarify - is that we cut it down to one block or one intersection. But I don't recall anything
passing in reference to persons that are deceased only.
A. Quinn Jones, III, Esq. (City Attorney): You had discussions about it, but you never passed
anything.
Vice Mayor Plummer: OK. So..
Commissioner De Yurre: No, I just wanted to be clear on what we're doing.
Vice Mayoi Plummer: Yeah.
Commissioner De Yurre: OK.
Mr. Gonzalez-Goenaga: May I address the Commission on this issue?
Vice Mayor Plummer: It's not a public hearing.
Mr. Gonzalez-Goenaga: A clarification, because I was...
15 October 26, 1995
Vice Mayor Plummer: All right, a clarification, very quickly, Mr. Goenaga.
Mr. Gonzalez-Goenaga: Well, I understand, and I have urged this Commission and the Metro -
Dade Commission to stop naming streets for people who are alive, because I... It's not because
of Willy Chirino, you see. For example, it's because, you know, we had the case of many people
who should not have a street address, like Felipe Balso (phonetic), who is a Cuban mafia...
Vice Mayor Plummer: Please do not make this personal.
Mr. Gonzalez-Goenaga: ... and Rocky Odio and...
Vice Mayor Plummer: That's fine. Thank you, sir. All right. It is moved by Commissioner
Gort and seconded by Gort (sic)? OK. It's a discussion item and no objection. Show it
unanimous.
The following resolution was introduced by Commissioner Gory, who moved its adoption:
RESOLUTION NO. 95-728
A RESOLUTION CODESIGNATING NORTHWEST 17TH AVENUE FROM
NORTHWEST 2ND STREET TO NORTHWEST 7TH STREET, MIAMI, FLORIDA,
AS "WILLY CHIRINO WAY"; WAIVING ALL, WAIVABLE FEES AS PERMITTED
BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS .AMENDED; FURTHER
DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC
WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED AGENCIES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
16 October 26, 1995
--------------------------------------------- -------------------------------------------------------------------
8. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
-----------------------------------------------------------------------------------------------------------------
Proclamation: Disability Employment Awareness Month -- received by Pedro Rodriguez,
Executive Director, Spinal Cord Association.
----------------------------------------------------------------------------------------------------------------
9. GRANT REQUEST FROM HAITIAN AMERICAN FOUNDATION FOR
FINANCIAL RELIEF OF PRE-EXISTING OBLIGATIONS TO THE CITY
($150,000 CDBG LOAN) -- CHAINGE LOAN TO GRANT, SUBJECT TO NO
LEGAL PROHIBITION.
------------------------------ --------------------------------------------------------------------------
Vice Mayor Plummer: Commissioner De Yurre's request regarding the Haitian American
Foundation. Item "i 0. Commissioner De Yurre.
Commissioner De Yurre: Yes, sir. Thank you very much. I have here Ringo Cayard, that is
going to address this Commission in reference to a loan that they received, and they need some
help resolving that matter. Ringo.
Mr. Ringo Cayard: My name is Ringo Cayard. I'm here as a cofounder of the Haitian American
Foundation, just as we co-founded most of the agencies in Little Haiti, and perhaps Little Haiti
itself. Before I address the issue, I'd like to express the fact that Haitians in Miami, we're over
70,000 now, which is more than 17 or 18 percent of the total population. Haitians in Miami,
also, along with Haitians in Haiti, are spending over six hundred million dollars ($600,000,000)
in Miami, to the Miami rivers, buying goods, sending to Haiti. And when I look at the CDBG
(Community Development Block Grant) funds and the proportion going to the Haitian
community, I think it's not right that we basically don't get nothing out of that whole budget. So
therefore, three years ago, we came in front of the Commission. At that time, Haitians were
locked up in Guantanamo, due to the coup, and we had asked the City to basically help us in the
crisis. They had lent us fifty thousand dollars ($50,000) with the understanding - and we have it
on record - one of the Commissioners said it should have been a grant, but at that time, since we
had a crisis, they lent us the money with the understanding that it would be converted to grant.
Vice Mayor Plummer: Tell it like it is. I made the statement.
Mr. Cayard: Exactly, Commissioner Plummer.
Vice Mayor Plummer: OK, no question.
Mr. Cayard: And I also would like to point out that what we're asking today was already done in
the past for many other community... many other ethnic groups, such as the Coconut Grove
Playhouse, Little Havana Housing Community, and we Haitians think that, you know, it's just
fair for us to have the same benefit and rights. I'm here today, also to explain that I'm not on the
board of the Foundation. I funded the Foundation, but I'm not on the board. And I'm the
trading commerce representative for Haiti, which is the equivalent of being the trading
commerce ambassador for Haiti. And nevertheless, the community here, the Haitian community
is my community, and we're fighting to make sure that we could ensure the future of the
17 October 26, 1995
community. So that's why we are requesting that that loan for a hundred and fifty thousand
dollars ($150,000) should be converted to a grant, in order to help out the agency. We have with
us Antoine Jodotte, which is the first vice chairman for the Foundation, and Mr. Herb Coleman,
which is the assistant director for if arise anything.
Vice Mayor Plummer: Commissioner Gort has <a question. Commissioner Gort.
Commissioner Gort: Frank, let me ask a question. The functions that's being done by this
hundred and fifty thousand dollars ($150,000), is this in compliance with the CDBG funds?
Mr. Frank Castaneda: Commissioner, this is a loan. This was granted as a loan. We cannot, for
no reason, issue... convert a loan into a grant, because then that puts into question the whole
process. It also puts into question the ability of other people asking for the same thing. It sets a
horrible precedent. We have never done this.
Commissioner Gort: Well, my understanding is the statement has been made that this has been
done in the past.
Mr. Castaneda: No.
Mr. Cesar Odio (City Manager): We have never done this. I need to put something else on the
record. This organization has sued the City. It's still pending, I believe, and I don't think it's
proper for them, if they sue us, and then come here to ask for something else. So I think the
lawsuit should be settled before we even consider... Well, we should not consider this issue,
period, but before they even come and ask for something, that we should settle this lawsuit.
Vice Mayor Plummer: Well, let me ask this question, if I may.
Mr. Cayard: I'd like to answer that. I'd like to answer that, gentleman.
Vice Mayor Plummer: Excuse me. Mr. City Attorney, is there pending litigation at this time?
A. Quinn Jones, III, Esq. (City Attorney): Yes and no.
Vice Mayor Plummer: Huh? I'm the politician, not you.
Mr. Jones: No. HAFT (Haitian/American Foundation, Inc.) had previously sued the City,
seeking, I think it was an additional fourteen thousand dollars ($14,000) that they claimed that
they were entitled to. They filed what they call a declaratory judgment action, asking that the
Court declare that they were entitled to these additional funds, pursuant to the loan agreement.
We filed an answer, a motion to dismiss, which the Court granted, with the right for them to
refile it. So that's why I say yes and no. It's been...
Vice Mayor Plummer: Well, obviously, there's no question, I don't think, in any - not in my
mind, anyhow - that if, in fact, you know, what's the old story, come in with clean hands, that if
this is to be considered, it would be with the proviso that that litigation would, of course, in fact,
be completely dead.
Mr. Cayard: That's correct.
Vice Mayor Plummer: Commissioner De Yurre.
Commissioner De Yurre: Well, I'd like to know, then, what was the situation when we
converted the two hundred and fifty thousand dollar ($250,000) loan to the Coconut Grove
Playhouse into a grant? How was that situation, and then how does that differ from this one?
18 October 26, 1995
Mr. Castaneda: Well, in that particular case, you might also recall that we got... that the City...
that the City returned that money to the Federal government.
Commissioner De Yurre: But it was...
Commissioner Dawkins: But it was done, see. You're standing up here leading the public to...
Mr. Castaneda: I said from...
Commissioner Dawkins: Wait. You're standing here leading the public to think that we're
reinventing the wheel. Commissioner De Yurre just pointed out to you that this is nothing new,
that this has been done before, but it's been done in Coconut Grove, and not in Little Haiti.
That's what Commissioner De Yurre is pointing out.
Mr. Castaneda: It was... It was done... Well, it was done in that particular case. In that
particular case, the money was taken out of Community Development, it was paid out of the
general fund, and basically, what the City Commission did, that at that time, we were giving
Coconut Grove fifty thousand dollars ($50,000) a year, and for this grant, we said that we would
never fund... We would not continue funding that organization anymore.
Commissioner Dawkins: Which organization?
Commissioner De Yurre: Coconut Grove Playhouse.
Mr. Castaneda: The playhouse.
Commissioner Dawkins: And when... You know, I hate to... I'm sorry to do this,
Commissioner.
Commissioner De Yurre: Go right ahead. Go right ahead.
Vice Mayor Plummer: Commissioner Dawkins.
Commissioner Dawkins: Since that time, you have never given Coconut Grove any more
money?
Vice Mayor Plummer: No. That...
Mr. Castaneda: For the Playhouse, no.
Vice Mayor Plummer: No, excuse me. Could...
Commissioner Dawkins: That's right. Thank you. I mean, see...
Vice Mayor Plummer: Remember what he just asked you, because the answer to that is, yes, we
have.
Commissioner Dawkins: That's right.
Vice Mayor Plummer: But it came out of Law Enforcement Trust Fund monies, not out of
CDBG.
Commissioner Dawkins: But we gave them money, OK?
19 October 26, 1995
14
t
Vice Mayor Plummer: Yes, sir, no question.
Commissioner Dawkins: That's right.
Vice Mayor Plummer: No question.
Commissioner Dawkins: And we found the methodology with which to give them the money.
So Commissioner De Yurre is saying... And I hate to keep putting words in his mouth. What
he's saying to you is, find the methodology to do it now.
Vice Mayor Plummer: Commissioner Gort.
Commissioner Gort: My question to you, J.L., and my understanding is, the statement has been
made here that at one time, you said this should have been a grant? Is there any particular
reason...
Vice Mayor Plummer: My understanding, if I understand it correctly, is that it was a loan that
initially was given to them, that they're now asking us to convert to a grant.
Commissioner Gort: I understand that.
Vice Mayor Plummer: There's no additional funds that would be forthcoming.
Mr. Cayard: That's right.
Vice Mayor Plummer: The only question that I hear, Mr. Cayard, is, in fact, if there was a legal
impediment that says that that cannot be done, then I think we have a major problem, and any
motion, I would assume that would be to grant..
Commissioner Gort: If it's legal
Vice Mayor Plummer: ... the transfer, that it has to be with the provision that it is legal and can
be done legally. Because, I mean, I... Nobody is going to sit up here and make a motion to
make...
Commissioner Dawkins: I will... I will be bound by any decision made by the City Attorney.
Vice Mayor Plummer: OK.
Commissioner Dawkins: If the City Attorney says that this is illegal, I will not argue.
Vice Mayor Plummer: All right.
Commissioner Dawkins: If he says it's legal, then I will go along with Commissioner De Yurre,
saying get it done.
Mr. Cayard: Mr. Dawkins, let me clarify one...
Commissioner Dawkins: No, no, wait a minute. No, no, wait. No. You have to wait, Mr.
Cayard, until we get squared away here, because I don't know what we're doing. OK?
Vice Mayor Plummer: OK.
rU
Commissioner Gott: You're ahead of the game.
Vice Mayor Plummer: Commissioner Gott has the floor.
Commissioner Dawkins: Go ahead, Commissioner Gott, sir.
Commissioner Gott: No, I've asked my question.
Vice Mayor Plummer: All right. Commissioner De Yurre, you make the motion?
Commissioner Dawkins: No, wait a minute.
Vice Mayor Plummer: All right, Commissioner Dawkins.
Commissioner Dawkins: I need to hear from the City Attorney, please.
Vice Mayor Plummer: All right, sir.
Mr. Jones: Mr. Dawkins, I'm not... Commissioner Dawkins, I'm not totally familiar with the
transactions, because as I understand it, there were three separate... three separate loan
increments that were promissory notes that were signed, so I'd have to look into greater detail. I
just can't give you an answer whether it's legally permissible today, right now.
Vice Mayor Plummer: I would assume that any motion to approve would be subject to the
legality. It has to be. Any motion we make up here at any time, if not legal, would have to be
stricken from the record, of course. Is there any other discussion among the Commission?
Commissioner Dawkins: You keep shaking your head, to make an exception. Go ahead.
Vice Mayor Plummer: Commissioner De Yurre.
Commissioner De Yurre: Let me just...
Commissioner Dawkins: Go ahead. Go right ahead.
Mr. Cayard: OK. I'd like to express, also, the fact that the reason why that money was given to
us is because the body which we are represented by, the Commissioners and the Mayor, was
frustrated with the Administration not giving any money to the Haitian community then. They
had to pull out three hundred thousand dollars ($300,000), whereas a hundred thousand dollars
($100,000) as a loan was supposed to be going to the Haitian community, a hundred thousand
dollars ($100,000) was supposed to go to the Puerto Rican community, and another hundred
thousand dollars ($100,000) was supposed to go somewhere else. That money was pulled from
the DDA (Downtown Development Authority), who was, at that time, asking for eight hundred
thousand dollars ($800,000).
Vice Mayor Plummer: He's right.
Mr. Cayard: And that's why Commissioner Plummer at that time says no, we could not give that
much money to downtown without giving to the inner cities.
Vice Mayor Plummer: It was in...
Mr. Cayard: And that money was a grant...
21
October 26, 1995
M1
Vice Mayor Plummer: It was in the interest...
Mr. Cayard: ... from the Federal government to the City of Miami to the inner cities.
Commissioner Gort: Ringo, Ringo, you're ahead of the game. Calm down. You know, you got
to work with staff, and you got to work with everybody.
Mr. Cayard: Yes.
Vice Mayor Plummer: OK?
Mr. Cayard: Of course.
Vice Mayor Plummer: Commissioner De Yurre.
Commissioner De Yurre: Well, let me ask, Little Havana, have we done anything with them,
any organization that we've forgiven loans and converted them into grants?
Mr. Castaneda: No, sir.
Commissioner Gort: We gave one to Borinquen the other day.
Vice Mayor Plummer: No, that was...
Commissioner De Yurre: No? How about Wynwood.
Vice Mayor Plummer: That was Miami Capital.
Mr. Castaneda: No.
Commissioner Gort: It's the same thing.
Vice Mayor Plummer: No, it's not.
Commissioner De Yurre: How was Wynwood done?
Mr. Castaneda: The only... The only loan that part of it has been forgiven was in the case of
People's Barbecue, where that building, construction occurred during the hurricane, and it
incurred tremendous cost as a result of that. We were able to develop that particular case, and
there were exceptional circumstances involved in that particular case. And based on those
exceptional circumstances, we approved the forgiving of a hundred thousand dollars ($100,000).
But what I'm telling you is that it was a logical decision in which we reached that conclusion.
What we're talking here is a completely different system in which somebody is coming to the
Commission and saying, you know, I want my money forgiven because... because I want it
forgiven, period.
Vice Mayor Plummer: Well, let... You know, he brought up a point, Frank, and I'm pulling up
on the hard disk here a little bit. At the time that this was given, there was a feeling; among the
Commission, whoever the Commissioners were at the time, that Little Haiti had not been dealt
fairly with. And we were giving money to Little Havana, we were giving money to the Black
j Grove, we were giving money to Overtown, and yet, none of the dollars of that three hundred
I thousand dollars ($300,000) that we had was actually going into the Haitian community. And I
think it was my motion...
22 October 26, 1995
IE
Mr. Cayard: That's correct.
Vice Mayor Plummer: ... if I'm not mistaken, at the time that said we've got to deal fairly with
all the people of this community. And as such, we put it forth, because I was told at the time we
could not give an outright grant at that particular time. Now. all I'm saying; to you is, and I'li say
to you again, to be fair and equitable across the board, I think we have to distribute our funds
equally among the people of this community. And I would say to you that a motion would be in
order to approve the request here this morning, predicated on the fact that legal... there is no
legal prohibition against what is being requested.
Commissioner Gort: Commissioners.
Vice Mayor Plummer: If, in fact, there is, then it would be coming back to the next agenda
Commissioner Gort.
Commissioner Gort: From what I've heard and what I read in the information that I received, I
believe that this was provided... they were providing a service to the community where they're
much needed. There was a lot of foreigners coming in at that time, and I'm ready to make a
motion to approve, subject to the approval by the Law Department.
Vice Mayor Plummer: Seconded by De Yurre. OK. Is there any further discussion? OK. Has
the City Clerk understood the motion?
Mr. Walter Foeman (City Clerk): Yes, I do.
Vice Mayor Plummer: All right, sir. Call the roll.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 95-729
A MOTION GRANTING REQUEST MADE BY A REPRESENTATIVE ON BEHALF
OF THE HAITIAN AMERICAN FOUNDATION FOR FINANCIAL RELIEF FROM
PRE-EXISTING DEBT OBLIGATIONS OWED TO THE CITY IN CONNECTION
WITH A $150,000 LOAN FROM PRIOR YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS, BY CONVERTING SAID LOAN INTO A
GRANT, SUBJECT TO THERE BEING NO LEGAL PROHIBITION TO SAID
REQUEST; FURTHER, STIPULATING THAT IF THERE SHALL BE ANY LEGAL
PROHIBITION TO CONVERTING SAID LOAN INTO A GRANT, THEN THIS
ISSUE SHALL COME BACK AGAIN BEFORE THE CITY COMMISSION FOR ITS
FURTHER CONSIDERATION AND REVIEW AT THE NEXT REGULARLY
SCHEDULED CITY COMMISSION MEETING.
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
23 October 26, 1995
COMMENTS MADE AFTER ROLL CALL:
Mr. Cayard: Thank you, Commissioners and Vice Mayor.
Vice Mayor Plummer: I'm sorry? Oh, I'm sorry.
Mr. Cayard: Thank you very much.
----------------------------------------------------------------------------------------------------------------
10. DISCUSSION CONCERNING COMMODORE BAY (BARNACLE ADDITION
PROPERTY IN COCONUT GROVE).
Vice Mayor Plummer: Item 12 - 11-A, I'm sorry. Commissioner Dawkins wishes to speak on
Knight Manor Homes property.
Commissioner Gort: Let...
Commissioner Dawkins: No, I withdrew that. It was withdrawn.
Vice Mayor Plummer: Oh, I'm sorry, 11. OK.
Commissioner Dawkins: All right, OK.
Vice Mayor Plummer: Mike Goldstein is here and wishes to be rec...
Commissioner Dawkins: Mr. Vice Mayor, may I read a statement?
Vice Mayor Plummer: Yes, sir. On which item?
Commissioner Dawkins: On this item.
Vice Mayor Plummer: All right, sir. This is on item 11.
Commissioner Dawkins: And I want to read this for the record, and I'll have it typed and given
to the Clerk, because I have it here handwritten.
"On July the 13th, 1995, the City Commission agreed to hear the 'Commodore
Bay Acquisition' topic on assurances that an agreement governing settlement
discussion between the City and the property owners was in place. Shortly after
that meeting, our attorneys informed this Commission that the property owners'
attorney had cancelled that agreement, and informed them that they were of the
opinion that everything said at the July 13th meeting could be used in litigation. I
believe that this was a breach of good faith on the developer's part, and justified
the City halting any action pursuant to the Commi-ion's July 13th discussions. It
must be clear that the acquisition of the park is the property owners' idea. They
must voluntarily cooperate in its sale, if that is what they, the owners, want. Now,
Mr. Goldstein must make clear his role. Are the property owners his clients or
not?"
Number two, is Mr. Goldstein the registered alien or does he have power of authority...
24 October 26, 1995
Vice Mayor Plummer: Now, wait, wait, wait a minute. "Alien" or "agent"?
Commissioner Dawkins: Agent. Either way.
Vice Mayor Plummer: He's an alien, all right.
Commissioner Dawkins: Either way, either way.
Mr. Michael. Goldstein: Some people have said that.
Commissioner Dawkins: Either way. Or is he the registered person who has power of attorney
to speak for the owners? What I'm trying to say is, I don't want the owners coming back telling
me again that, he does not speak for us, we don't know why he's there, or what have you.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Are you prepared... No, no, no.
"Or does he have authority to enter into an agreement, assuring that any future
discussion by the City on this matter will not be used in any manner in
litigation...?"
If not, if he cannot guarantee us that anything said here will not be used in litigation, I
don't see what you're doing it for. We must be guided by our legal advisors, who've said,
"Do not discuss this matter at all. If you do discuss it, the meeting and such agreement is
not in place, we're in trouble." We're talking about millions of dollars and a group of
plaintiffs who have shown absolutely no reluctance to sue the City. We've been fighting
with them for ten years, and I'd just like to ask, who do you speak for, and if there is, can
you offer an agreement on behalf of the owners, and do you... do you have power of
attorney for the owners?
Vice Mayor Plummer: Mr. Dawkins, if I may, may I ask, first, the City Attorney to reply as to
whether or not any discussion here today would be detrimental to any lawsuit? Are we hold
harmless, if, in fact, we discuss it, Mr. City Attorney?
Mr. Joel Maxwell (Deputy City Attorney): Mr. Vice Mayor and members of the Commission,
we have consistently taken the position that discussions by you or even members of staff, in the
absence of a hold harmless agreement, as you called it, settlement, this open negotiation
agreement, as we term it, would be detrimental to the City, if such an agreement - is such
discussions took place and the agreement was not in place. On July 13th, this Commission, after
assurances from your legal counsel, including myself, that there was an agreement in place,
discussed this item. Shortly after that meeting, attorneys for the property owners informed us
that they were cancelling that agreement, and it was their opinion that the discussions that had
been held on July 13th could he used against you. We felt that was an... extremely a breach of
good faith. It was in bad faith, and it opened you up to additional litigation. Right now, we...
The way we feel, you are simply walking right back into the same scenario that was created ten
years ago.
Vice Mayor Plummer: Thank you, sir. Commissioner De 'Yurre, it was your item. Now,
hearing what the City Attorney has said, do you wish to pursue? And if you do, then we'll take
up Commissioner Dawkins's questions. If you wish to defer it, I don't know what we can do but
defer it. It's your item, sir.
25 October 26, 199.5
i
Commissioner De Yurre: Well, first of all, I'd like to hear, before I speak, what Mike has to say,
and then we'll address the issue.
Vice Mayor Plummer: OK.
Mr. Maxwell: Also, Mr. De Yurre, here in the audience, we do have outside counsel, Mr.
Fleming and Mr. Hill here, who could also answer those questions, and I believe they would also
support the position of the City Attorney that these discussions, in the absence of agreement,
would be extremely volatile. Thank you.
Commissioner Dawkins: So what you're saying - pardon me, sir - is that we, in the Commission,
should not, under any circumstances, hear this.
Mr. Maxwell: In the absence of a discussion agreement, yes, sir.
Vice Mayor Plummer: Well, I think what he... Listen to his question again.
Mr. Maxwell: Mr. Goldstein's comments are fine, but if.. any response by you...
Vice Mayor Plummer: That's... That's the question.
Commissioner Dawkins: Commissioner De Yurre said he would hear from him, and then he
would make a decision. OK?
Vice Mayor Plummer: OK.
Commissioner Dawkins: Go ahead.
Vice Mayor Plummer: So then, Commissioner De Yurre, what you wish is to proceed to listen
to Mr. Goldstein. We may or may not discuss anything he wishes to say afterwards, depending
on the, of course, opinion of the City Attorney. Mr. Goldstein, for the record, sir, your name and
mailing address.
Mr. Goldstein: Absolutely. My name is Michael Goldstein. I'm an attorney with Coll,
Davidson, Carter, Smith, Salter and Barkett, with offices at 201 South Biscayne Boulevard. I'm
here on behalf of my client, the Cocoanut Grove Village Council, and the Coconut Grove Civic
Club.
Vice Mayor Plummer: Are you paid a fee for this appearance?
Mr. Goldstein: I am not paid a fee for this appearance.
Vice Mayor Plummer: For the record, thank you, sir.
Mr. Goldstein: And I apologize for what has just transpired. I didn't mean to... to take over this
agenda item. I know that you've been working hard on this, Commissioner De Yurre, as well as
Commissioner Plummer. And I just wanted to follow up and make comments after you gave
your report. But seeing; as how the ball has been thrown in my court, here we go. And I'm
going to address the questions that were presented to me by Commissioner Dawkins directly,
although I think we're going backwards. We covered this the last time. In fact, I have the
transcript here that was prepared by your Clerk's Office. And Deputy City Attorney Joel
Maxwell - actually, it was Mayor Clark - asked me whether I was being compensated. And at
that time, I said, "This effort is a pro bono effort. Our costs are being reimbursed by the property
owner, but there is no fee involved." That was the situation then, that is the situation now. I've
t
26 October 26, 1995
put approximately fifty thousand dollars ($50,000) of my time into this, attorneys time, my
firm's time, and Urn proud that my firm has allowed me to do this. But we are not receiving any
fee, and I have never received any fee. And I think that's... In addition to which, your City
Attorney's Office should he estopped from... from alleging that I am, that I represent the
property owners. I have the pleasure of serving on the Historic and Environmental Preservation
Board, and I thank you, Commissioner Plummer, for your appointment. The issue of
Commodore Bay, a replatting of that property, came before our board, and I disclosed my
involvement to the Assistant City Attorney, Warren Bittner, and I asked him whether or not I
was disqualified, whether I had a conflict, given my effort, and... and whether l had to remove
myself from that proceeding. And fie took the... He took the matter back and studied it, and he
informed me that, indeed, there was no conflict. So the City has already recognized that I,
indeed, represent the Civic Club, and the Village Council. I'm putting a lot of time and effort
into this, and I would respectfully request that the City Attorney's Office recognize that. OK.
And I...
Vice Mayor Plummer: Commissioner De Yurre, after the admonition of the City Attorney, do
you wish to pursue?
Commissioner De Yurre: Right now, I'd like to... for him to ask his questions. I know he has
some concerns. I'd like to hear them at this time.
Vice Mayor Plummer: OK. Mr. Goldstein, proceed.
Mr. Goldstein: Thank you. This Commission has been very supportive of the acquisition effort,
and this is what I'm here to discuss today, the acquisition of the property into the public trust.
This is not about a rezoning, this is not about a reuse. For me, for my clients, for many other
civic and historic organizations, over the past ten years, this issue is all about taking the property
out of private hands, and saving one of our last remaining green spaces from development.
Mr. Cesar Odio (City Manager): Sir, Mr....
Mr. Goldstein: Please, Mr. Manager, let me finish.
Mr. Odio: No, but I need to... I need to...
Mr. Goldstein: I understand you do, but please, accord me the respect...
Mr. Odio: You're putting us in jeopardy.
Vice Mayor Plummer: Mr. Manager, excuse me.
Mr. Odio: Sir...
Vice Mayor Plummer: He has the floor. He did not relinquish the floor.
Mr. Odio: OK. But...
Vice Mayor Plummer: I'll give you rebuttal time...
Mr. Odio: Yes, sir.
Vice Mayor Plummer: ... when he's finished, sir. OK?
Mr. Goldstein: Thank you, Mr. Vice Mayor.
27
October 26, 1995
Vice Mayor Plummer: Say whatever you want when he's finished.
Mr. Goldstein: On July 13th, a resolution was unanimously passed here that the process should
go forward. Commissioner Plummer, you said we need to pursue this to its ultimate end,
whatever that may be. This Commission talked about appraisals. The City will not go forward
and make an offer until appraisals are. done. And that is... I think that's where we need to go
with this. Unfortunately, the appraisals haven't been prepared, and neither has the resolution.
So that's my first concern. On July 13, 1995, this Commission passed the item unanimously.
However, no resolution has been published. And, in fact, I pulled from the City Clerk's Office a
list of pending legislation. Other than one item, there is no other legislation that has been
pending longer than this Commodore Bay item. I want to know why that resolution has been
published. I really would like to see it out of the City Attorney's Office. Number two, on
September 26, 1995, the State of Florida sent to the City Manager's Office an acquisition
agreement which sets forth the role of the City and the State in moving forward. The City
Manager sent that to the City Attorney's Office, and it is my understanding that the
Commissioners have not received copies. Commissioner Plummer, did you receive a copy of
that agreement?
Vice Mayor Plummer: To my knowledge, I don't recall. I'm not going to say that I didn't, but I
don't recall it.
Mr. Goldstein: OK. Commissioner Gort, did you receive a copy of that agreement?
Commissioner Gort: (No audible response.)
Mr. Goldstein: Commissioner Dawkins, did you...
Commissioner Dawkins: (Inaudible.)
Mr. Goldstein: A copy of the agreement that was sent by the State to the City.
Commissioner Dawkins: Yes, sir.
Mr. Goldstein: Commissioner De Yurre?
Commissioner De Yurre: (No audible response.)
Vice Mayor Plummer: Excuse me, please. I shouldn't have even let him ask the question.
Mr. Goldstein: OK. I'll go on. In any event, what I see here is that the process is being held up
in the City Attorney's Office, and in so doing, I feel that things have... The process has been
hijacked, and your resolution, which was passed unanimously, has been overruled. And I would
like, just simply, for the City to enter into that agreement which does not bind an acquisition. It
simply calls for appraisals to be prepared. And if the property owners don't accept an offer,
based on the appraisals, well, then, I can't come back here and argue the issue. What I'm asking
for today - and I'll conclude with this - is simply that you direct the City Manager's Office to
execute - and the City Attorney - to execute that agreement, following your review. And,
number two, to forward any correspondence from the State to the City Manager's Office.
Vice Mayor Plummer: I will, sir.
Mr. Goldstein: I... I don't know what prejudicial effect the simple review of materials can have,
and I think that you are entitled to, as City Commissioners, all of the outstanding information, all
of the relevant facts.
28 October 26, 1995
Vice Mayor Plummer: Thank you, sir. Mr. City Manager, you wish to, after the warning of the
City Attorney, to make a statement or what, you're welcome to do so, sir, at this time.
Mr. Odio: I... I just want to put on the record that I disagree with the prior statements that Mr.
Goldstein has made on the record, and that let that stand by itself. I strongly disagree with what
he said...
Vice Mayor Plummer: Thank you, sir. Commissioner Gort, do you wish the floor?
Commissioner Gort: No.
Vice Mayor Plummer: OK. Commissioner Dawkins? Commissioner De Yurre.
Commissioner De Yurre: Well, I'd like to know... He says he strongly disagrees. On what
points do you disagree?
t
Vice Mayor Plummer: Excuse me, excuse me...
i
Mr. Odio: I'd rather not put them on the record at this time.
Vice Mayor Plummer: OK. All right.
Mr. Joseph Fleming: I'd be glad to answer, because I've been involved in this. Contrary to what
Mr....
Vice Mayor Plummer: Well, wait a minute, wait a minute, wait a minute. Do we want to get
into a discussion by the outside counsel or not?
Commissioner Dawkins: Mr. City Attorney...
Vice Mayor Plummer: Mr. City Attorney.
Commissioner Dawkins: In order to cover the City of Miami, would you advise that we hear
from our counsel, or would you dis... '
Mr. Maxwell: I would advise you hear from special counsel.
Commissioner Dawkins: I would like to hear from the counsel, Mr. Vice Mayor.
Vice Mayor Plummer: You would advise to hear?
Mr. Maxwell: Yes, sir.
Vice Mayor Plummer: All right. Sir, Joe, for the record, your name and mailing address.
Mr. Fleming: My name is Joseph C. Fleming. My mailing address is 620 Ingraham Building,
Miami, Florida, 33131, 25 Southeast 2nd Avenue. I represent the City as special counsel. I was
asked originally by then -City Attorney Lucia Dougherty, then Jorge Fernandez and the recent
attorney to represent you. You have been sued as a City. You have been sued individually by
the owners. In the past, these owners and developers have said if you discuss this acquisition
which they put in motion by saying, maybe we'll sell our property to the Coral Fund. In the past,
they've said you discuss it, we will sue you. This isn't a matter of conjecture. There is litigation
that is ongoing. Contrary to what Mr. Goldstein said, there is a current appeal by these same
developers that's before the Third District, trying to revisit the comp. plan that was passed years
ago. This litigation is ongoing, and it is very large. Mr. Goldstein is correct. He has only taken
costs from the developer, but as a legal matter, I tell you this, as a member of the Florida Isar, if
you are sued in the future, since. Mr. Goldstein has taken money from Mr. Treister and has
admitted it, fie cannot defend you against Treister, because there is a conflict. He has been
conflicted out from the point of view of what lie has done. He does represent people in the
Grove, but here is the problem. Years ago, Linda Dann was asked by Mr. Scharlin, "Why don't
we discuss our selling our property to the State?" And then after they started discussions and
you passed a resolution. Mr. Scharlin, Treister, Katcher took the resolution, put it to the Federal
Court and said, "The- reason we want rezoning, the reason you have to destroy the Grove and
give us the zoning; that has been denied, that the people don't want, is because you want our
property as a park. Here's a resolution." And we said to the Circuit Court, we said to the
Appellate Court, we said to the Federal District Court, and we said to the Eleventh Circuit,
"They can't do that. That's like a bait and switch. You can't say, 'Let's talk about this as
settlement,and then file the discussion about buying a park, and say, 'That's an intent to take,
and that's why we can get our zoning."' So we won all that litigation. There is continuing; new
litigation. And they came in here in June, after we had a settlement agreement in place, and said,
"You can discuss anything." And we had a discussion in July. And the resolution was, "Well,
maybe we ought to discuss... Maybe these people have changed their mind. Maybe they're not
playing bait and switch again." Mr. Goldstein, in good faith, was asked by Mr. Treister to see if
he could get this thing as a park, Like Linda Dann was years ago. Mr. Treister gave Mr.
Goldstein money so lie could travel to Tallahassee. But then, right after tl,e July 13th date, on
July 14th, the next day, Kenneth Treister wrote a letter and said, "All bets off." Then we start
saying, "Are you kidding? Mr. Goldstein's trying so hard to try to protect the citizens, and
you've paid him." We got a letter from Mr. Brigham saying, "I'm the attorney for Treister,
Katcher and Scharlin, and I can tell you that anything you discuss is not settlement." Then we
start talking to the people in Tallahassee about the Coral Fund. The way it works is, if Treister,
Katcher and Scharlin want to sell, they write a letter. And we said, "Let's get the letter from
these people." The State can go out and get an appraisal now. They don't need you. The
problem that's going on here is, then Mr. Treister started writing letters to the County about the
same thing saying, "Look, if the Government" - meaning you, the City - "don't let us use our
land because it's needed for public use, then you have to buy it and pay for it." And what he's
doing is now writing new letters and saying, if you discuss this, he's going to sue you and say
that's a motive. It shows that you want it, because you're trying to take their property. Now,
they can have settlement discussions. Mr. Goldstein can work with us. We can talk with tale
people with the State without waiving rights. But if you start having these discussions again, and
they start filing what you say here back in the courts, you've got the same situation. And we've
got letters from Mr. "Treister saying that he's trying to manipulate this and say, "If you want the
property because you need it." You never said you needed it. He said, "I'd like to sell it." Now,
this is the third time we've done this. We did it with Linda Dann, when she got in the
discussions years ago. Recently, Mr. Treister and Scharlin came to us and said, "You need our
property as a parking lot. We'll sell it to you." So the City Manager did a study. The parking
people came in and said, "We don't need it." And then they said, "Well, we're going to appeal
that. You need it." We said, "We don't need it." "We're going to sue you because you need it."
We went to the Authority. That's where Mr. Goldstein surfaced, and he said, "Well, I'm going
to try to work with these people. I'll take their money, and maybe I can make this into an
acquisition." Now, his problem is, he is well intended. He wants to have a park, just like Linda
Dann did. Your problem is, it's got to be discussed correctly, or you're going to get sued again.
Now, I'm here to tell you, we've been in Federal Court, and Plummer and Dawkins are on the
complaint. You've got...
(LAUGHTER)
Mr. Fleming: You're a defendant. They sued not only the City, but you. They sued people who
are no longer, basically, even with the City. You've got people who are on the complaint that's
30 October 26, 1995
in the Federal Court. Carollo, Kennedy. You've got people who are sitting here today. All
they've got to do is add your name to the complaint, continue to sue. What I'm saying is, look,
if they want to have a discussion, if Mr. Goldstein is acting in good faith, the State has the ability
to buy an appraisal and work it out with Treister, Katcher and Scharlin. If, in the future, you
decide that there's going to be a settlement, that's fine.
Vice Mayor Plummer: All right, Joe...
Mr. Fleming: But you shouldn't discuss this today.
Vice Mayor Plummer: I think you've gone fully the whole name of the game. Commissioner...
Mr. Fleming: I can go on for years, sir, but I think I've given you the information. You
shouldn't discuss it.
Vice Mayor Plummer: Thank you. You scared the living daylights out of me by reminding me
I'm on one more lawsuit. Commissioner De Yurre, it's your item. What do you wish to do with
it, sir?
Commissioner De Yurre: Well, what I'd like to know, then, are you saying that if... it has to
come from them, if there's ever to be entertainment of an acquisition?
Mr. Fleming: It has to come from these developers, but first, they want to settle, that has to be
put in place, and then it has to come from... And then they can talk to the State any time that
they want about getting on the Coral Fund. They just shouldn't entrap you into another situation,
because here's what's going to happen. If the State doesn't purchase it, then they'll turn around
and say, "You proved improper motive," and they'll sue to get higher zoning there. And then
everyone in the Grove that thought they were doing good by discussing a park will be down here
screaming, "We don't want a high-rise in the middle of this residential neighborhood." And
everything that you've done to protect the Grove will be undone by meaningful people. This
kind of thing is to the City of Miami what the Trojan horse was to Troy. It will wreck your City,
if you don't discuss it in the correct way. You should understand, if they want to sell it, if they
want to work with it, Mr. Goldstein knows where we are. And if he's got a situation where he's
got to balance the different interests, he's in a very good position to go back and talk to Treister,
Katcher and Scharlin, because he's... he's taken their money. And if he hasn't taken enough, he
hasn't taken fees, that's fine. And that means that maybe he can help us. But he has taken some
money. He has an access to them. He also is trying to protect the people in the Grove. You
don't want to put yourself in a situation where if it doesn't work out, you'll have years of
litigation, and you'll have everybody saying, "Why did you ever discuss this in this manner?"
It's like running a traffic light because you're in a hurry. If you do this correctly, you won't be
in court. And if they want to sell in good faith, they'll be able to do it. I'm just saying, don't run
the traffic light, don't discuss this today. He knows where I am. He may not agree with
everything I say, he never has, but if he wants to settle the matter, he can call me.
Commissioner Gort: When have you ever known two attorneys to agree?
Mr. Fleming: What? Yeah, that's right. We don't agree.
Vice Mayor Plummer: Commissioner De Yurre, it's your item, sir.
Commissioner De Yurre: I'd like... I'd like to hear from Mr. Goldstein one more time. He has
something else to say.
Mr. Goldstein: God bless...
31 October 26, 1995
Vice Mayor Plummer: Mr. Goldstein.
Mr. Goldstein: God bless Joe Fleming. He's doing a very good job representing the City of
Miami. And we disagree, but it's all in good faith. First of all, the property own... I do not
represent the property owners. I want to make that clear. Number two, I suggested to the
property owners - they didn't come to me - that we arrange a public buyout of the private
property. We have a very difficult problem here. The City has been involved in expensive
litigation for years. On the other side, we have a piece of very valuable property that is going to
be developed unless it's taken out of private hands. That is the long and short of it. It will be
developed unless we find a solution. What I have done, on behalf of my clients, and with my
clients, is to engineer a funding plan with the State that minimizes the. City's role, the City's
financial contribution. And I think that's what at stake here. That's why the City and the State
have to go forward together, because it is in a... what's called a bargain shared category, under
the CARL (Conservation and Recreation Finds) program, which means that the State can only
contribute 50 percent. It can only contribute 50 percent. Now, the last time I was here, I told
you that I would go before Dade County and ask them - before the County Commission - and ask
them to throw in another ten percent. And I did that, and they have agreed to do that. So you
have 60 percent of your costs covered. So we have 40 percent which the City has an exposure
for. Well, the deal that J.L. Plummer, Commissioner Plummer negotiated ten years ago was that
the State would lend the City money, and the City would pay that back out of the revenues from
the Bayside Marketplace. So that's a dedicated... That's a dedicated revenue source. That
money has to go into the City's trust fund to purchase environmentally sensitive land. The City
does not have any additional exposure, other than what it has already committed, if it proceeds
under this plan. And again - and I'll conclude, Commissioner Plummer - what Urn asking for
here is simply that the review - you obtain and review the agreement that was sent to you by the
State. That agreement does not bind you to do anything. Moreover, it does not compel you to
talk with the property owners, to have any discussions with the property owners. It simply asks
you to agree to have an appraisal prepared in conjunction with the State. Arid there is a
confidentiality provision, as well, so you have no contact with the property owners at all while
this process goes forward. I do not possibly see how that could prejudice this City. Thank you.
And thank you, Commissioner De Yurre.
Vice Mayor Plummer: Thank you, sir.
Mr. Fleming: Could I just...
Vice Mayor Plummer: Commissioner De Yurre, do you wish to pursue further?
Commissioner De Yurre: Well, let's... Might as well get it all in, whatever we can. So.
Vice Mayor Plummer: Well, all right. Joe, please be brief. We've got... I've got two pages of
personal appearances.
Mr. Fleming: OK. I'll take one minute. One minute. It will prejudice the City. What he...
Vice Mayor Plummer: I'll hold you...
Commissioner Dawkins: Mr. Vice Mayor.
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: I do not want those representing me to be forced to be brief, and then
later on, it's too fate. So I would request of you that those who are attempting to work together
so that we can solve this be given the time to do it, and let's do it.
32 October 26, 1995
Vice Mayor Plummer: All right, sir. I have no problem with that, but all I've heard so far,
continuously, from everyone, is don't say nothing...
Commissioner Dawkins: But...
Vice Mayor Plummer: And we're talking now for the past 20 minutes.
Commissioner Gort: We're listening.
Commissioner Dawkins: We're listening.
Vice Mayor Plummer: So "don't say nothing" has been long...
Commissioner Dawkins: We haven't said anything. We're listening.
Vice Mayor Plummer: All right, sir. Joe, please.
Mr. Fleming: OK. Don't say anything. Don't talk about this agreement. I've seen the
agreement he's referring to. It's not an agreement you can discuss at this point. It's a proposed
agreement that he wants you to do for the purpose of saying you'll move on with something, but
it will prejudice your rights, because here is the deal. The State is trying to get you to agree to
something before the sellers commit to the State that they're going to sell. The State wants you
to do an appraisal, but the State people have told us - and we've spoken to the State people - they
can do an appraisal on their own. You don't need to do anything at this time. And anything; you
do do with the State now - and this is the point - shouldn't be done with the State, because
what's happening is the developers are sitting back. If Mr. Goldstein really isn't representing the
developers, then there is no one here for them. I think he is representing the developers as a
legal matter, because he's taken some money from them, and you don't divide what your fees are
and your costs are and say, "There's no conflict." But I know he's also trying to help people in
the Grove. You can't discuss this now. If the State wants to do an appraisal, they've told me
they have money, they can do their own appraisal, they can work with the seller, they can get a
letter from the seller. They don't have that. Why should you enter into an agreement with the
government that comes from what Mr. Goldstein said occurred ten years ago, that's already been
misused by these same developers, and cost you years of litigation, and get back into that
situation? You cannot afford to discuss what he's asking you to discuss. I think you should just,
having heard him, say this: If there's going to be settlement negotiations, you've got your City
Attorney, you've got counsel. It can be done the correct way. It shouldn't be discussed here.
Vice Mayor Plummer: Is there any further discussion by any member of the Commission? OK.
Now, the only thing I would suggest, and I would suggest this as said by our legal counsel, Mr.
Goldberg, I think...
Mr. Goldstein: "Stein." Goldstein.
Vice Mayor Plummer: ... your best bet - Goldstein. I'm sorry, sir - is to get...
Commissioner De Yurre: There's a cousin. The cousin is Goldberg.
Vice Mayor Plummer: OK. ... is to get with Mr. Fleming and try to see if there isn't some area
that the two of you can come out in agreement on. Try.
Commissioner Dawkins: I move the next item.
33 October 26, 1995
i
Vice Mayor Plummer: I hear you, OK?
Mr. Goldstein: Thank you, gentlemen.
END OF DISCUSSION -- NO ACTION TAKEN
NOTE FOR TfiE RECORD; At this point, Item 11-A was deferred
tot the next meeting.
----------------------------------------------------------------------------------------------------•-----------
11. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
ACQUISITION OF NCS FORMS FOR THE OPTICAL MARK READER
SCANNER -- FROM NATIONAL COMPUTER SYSTEMS -- FOR POLICE
DEPARTMENT -- ALLOCATE $13,871.
Vice Mayor Plummer: We're now on to item 12, ratifying the City Manager's finding of a sole
source. If there's anyone in objection on the Commission because it is a four -fifths vote
required... Hearing no objection, read the... It's a resolution. All right. Anyone wishing to
speak on item 12? Moved by Gort, seconded by Dawkins. Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-730
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING THE CITY MANAGER'S FINDING OF SOLE SOURCE;
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVING THE ACQUISITION OF NCS FORMS FOR THE OPTICAL MARK
READER (OMR) SCANNER FROM NATIONAL COMPUTER SYSTEMS (NCS), AT
A PROPOSED AMOUNT OF $13,871.00; ALLOCATING FUNDS THEREFOR FROM
THE POLICE DEPARTMENT' GENERAL OPERATING BUDGET, INDEX CODE
290201-716; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
October 26, 1995
W
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
12. RESTRICT VEHICULAR ACCESS TO N.E. 55 TERRACE AT
INTERSECTION WITH EAST SIDE OF NORTH BAYSHORE DRIVE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 13. Is there anyone wishing to speak on item 13? Please come
forth to the podium.
Commissioner Gort: Do they have to be sworn?
Mr. Cesar Odio (City Manager): We recommend this.
Vice Mayor Plummer: No, this is not a Zoning.
Mr. Odio: No. We recommend this.
Vice Mayor Plummer: You only swear in on Zoning. If you wish, you have two minutes with
which to speak. For the record, please stand up and state your name and mailing address, please.
Mr. Gerald Armstrong: I'm Gerald Armstrong. I'm a resident...
Vice Mayor Plummer: Would you pull the mike up so we could hear you better, sir.
Mr. Armstrong: Sorry.
Vice Mayor Plummer: Thank you.
Mr. Armstrong: I'm Gerald Armstrong, a resident of Morningside. I reside at 5944 Northeast
6th Avenue.
Commissioner Gort: Commissioner.
Vice Mayor Plummer: Excuse me. Mr. Gort.
Commissioner Gort: For the second time, my understanding is staff has recommended it. And
are you against it or approve?
Mr. Armstrong: Well, I have only one area of concern.
35 October 26, 1995
W
Commissioner Gort: OK.
W
Mr. Armstrong: There are other neighborhoods, there's other areas that have a similar
circumstance, and my concern is, if this is, indeed, approved, they're going to have another area
in our neighborhood which may - and let me underscore the word "may" - request the same type
of arrangement, because of the problems that we're having. And that's my only real area of
concern.
Vice Mayor Plummer: I don't think we can really give you a true answer. We don't... Unless
we know of...
Mr. Armstrong: Oh, I understand that.
Vice Mayor Plummer: Unless we know of some others that have made a request in...
Mr. Jim Kay: We're not aware of any.
Commissioner Gort: No other requests.
Mr. Armstrong: I under... At this point...
Vice Mayor Plummer: Public Works indicates, sir, that no other area has indicated, at this date
of today, that they're looking any further.
Mr. Armstrong: And I understand that, but I think once this is passed, you may be setting a
precedent.
Vice Mayor Plummer: But your question to us was: Is this going to be anyone else? And we
don't know of such.
Mr. Armstrong: OK.
Vice Mayor Plummer: OK?
Mr. Armstrong: Well, you may be setting a precedent, and I'd like to..
Commissioner Gort: Do you want us to deny it, then?
Mr. Armstrong: Excuse me?
Commissioner Gort: Do you want us to deny it, then?
Mr. Armstrong: Uh... I'm only a member of the community, and I have that initial concern, and
I think the community has its own opinion.
Vice Mayor Plummer: All right, sir. Is there anyone else wishing to discuss item 13? Yes, sir.
Come forward, please. For the record, state your name and mailing address, please. You have
two minutes.
Mr. William E. Hopper, Jr.: Thank you. My name is William E. Hopper, Jr. I reside at 527
Northeast 56th Street in Morningside, and I'm here representing, or speaking for, the Miami -
I'm sorry - the Morningside Civic Association, who is in support of this resolution.
36 October 26, 1995
W
Vice Mayor Plummer: Then sit down.
Mr. Hopper: Thank you.
Vice Mayor Plummer: Is there any further discussion? The motion is made by Commissioner
Gort, seconded by Commissioner De Yurre. Call the roll, please.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-731
A RESOLUTION TO RESTRICT VEHICULAR ACCESS TO N.E. 55 TERRACE AT
ITS INTERSECTION WITH THE EAST SIDE OF NORTH BAYSHORE DRIVE IN
THE CITY OF MIAMI, FLORIDA, SUBJECT TO THE PROVISIONS CONTAINED
WITHIN THIS RESOLUTION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
�: A
None.
Mayor Stephen P. Clark
.---------------------------------------------------------------------------------------------------------------
13. DIRECT THAT CERTAIN PERMANENT BARRICADES IN MORNINGSIDE
(IN ACCORDANCE WITH AMENDED PLAN "B") BE DESIGNATED NON -
EMERGENCY TYPE ACCESS BARRICADES, SUBJECT TO APPROVAL OF
METROPOLITAN DADE COUNTY TRAFFIC DIRECTOR.
Vice Mayor Plummer: Item 14. Is there anyone here wishing to speak on item 14?
Commissioner Gort: Commissioner.
Vice Mayor Plummer: Commissioner Gort.
Commissioner Gort: I was under the understanding that we already had moved on this.
Mr. Cesar Odio (City Manager): Not yet.
Vice Mayor Plummer: Obviously...
Mr. Odio: This is just to remove a condition of the approval.
37 October 26, 1995
Mr. Jim Kay: This formalizes it by resolution.
Vice Mayor Plummer: Is anyone here to speak for or against item 14? Is there a motion?
Commissioner Gort: Move it.
Vice Mayor Plummer: By Gort. Seconded by? Hello? Dawkins.
Commissioner Gort: Dawkins.
Vice Mayor Plummer: It's a resolution. Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-732
A RESOLUTION, WITH ATTACHMENT, MAKING FINDINGS, AND DIRECTING
THAT CERTAIN PERMANENT BARRICADES IN THE MORNINGSIDE
NEIGHBORHOOD IN THE CITY OF MIAMI, FLORIDA, IN ACCORDANCE WITH
AMENDED PLAN "B", BE DESIGNATED NON -EMERGENCY TYPE ACCESS
BARRICADES; AND DIRECTING THE ELIMINATION OF THE CONDITION
THAT ACCESS FOR EMERGENCY VEHICLES BE ALLOWED AT ALL TIMES
THROUGH SAID BARRICADES, SUBJECT TO THE APPROVAL OF THE
METROPOLITAN DADE COUNTY TRAFFIC DIRECTOR.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
14. RATIFY MANAGER'S EMERGENCY ACTION IN AUTHORIZING
PROCUREMENT OF: (1) HAZARDOUS MATERIAL MONITORS -- FROM
SAFECO, INC. AND SAFTEY EQUIPMENT CO. ($8,026); (2) RADIO
REPEATERS AND SOFTWARE -- FROM MOTOROLA, INC. ($10,681), AND
(3) FIBEROPTIC SEARCH SCOPE -- FROM OLYMPUS AMIERICA,' INC.
($17,204) -- FOR THE URBAN SEARCH AND RESCUE TASK FORCE
(FIRE -RESCUE DEPARTMENT) -- ALLOCATE FUNDS ($35,911 FROM CIP
313825.
Vice Mayor Plummer: Item 15. Is there anyone here wishing to speak on 15?
Commissioner Dawkins: I move it, and I'll be glad when we find somebody other than Motorola
to deal with.
Vice Mayor Plummer: All right, sir.
Commissioner Dawkins: We been dealing with Motorola for the 15 years I've been here.
Vice Mayor Plummer: Well, I don't disagree with you, sir. They're not the company they used
to be, but...
Commissioner Dawkins: Call it, call the roll.
Chief Tracy Jackson: I need to read something into the record.
Vice Mayor Plummer: Sir, for the record, state your name.
Commissioner Dawkins: I withdraw my motion to move it.
Vice Mayor Plummer: Uh-oh, now you're in trouble.
Commissioner Dawkins: I'm not... You know, if... You know, we're moving it, and now, he's
going to get up and discuss what we're moving, and we're already moving it? You...
Mr. Cesar Odio (City Manager): It's that something was left out of the...
Commissioner Dawkins: Huh?
Mr. Odio: Something was left out of the resolution.
Commissioner Dawkins: Oh. Oh.
Chief Jackson: Commissioners, there was an omission. Chief Jackson, Fire Department. There
was an omission on this item. Under the purchasing, it should have read from two vendors for
the hazardous material monitors. The dollar amount is correct. The vendors are Safeco,
Incorporated, and Safety Equipment Company.
Commissioner Dawkins: The amount is the same, Chief?
39 October 26, 1995
Chief Jackson: Yes, sir, it is.
Vice Mayor Plummer: With that amendment, is it still moved by Commissioner Dawkins?
Commissioner Dawkins: So move.
Vice Mayor Plummer: Seconded by Gort. Anyone wishing to speak in item 15? Call the roll.
It's a resolution.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-733
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
EMERGENCY ACTION IN AUTHORIZING THE PROCUREMENT OF
HAZARDOUS MATERIAL MONITORS FROM SAFECO, INC., AND SAFETY
EQUIPMENT COMPANY IN THE AMOUNT OF $8,026.00; RADIO REPEATERS
AND SOFTWARE FROM MOTOROLA, INC., IN THE AMOUNT OF $10,681.00;
AND A FIBEROPTIC SEARCH SCOPE FROM OLYMPUS AMERICA, INC., IN THE
AMOUNT OF $17,204.00, FOR THE URBAN SEARCH AND RESCUE TASK
FORCE OF THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS
THEREFOR, IN THE TOTAL AMOUNT OF $35,911.00, FROM CAPITAL
IMPROVEMENT PROJECT NO. 313825, ACCOUNT CODE NO. 802801-840;
FURTHER, RATIFYING THE ISSUANCE OF PURCHASE ORDERS FOR SAID
EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
40
October 26, 1995
-----------------------------------------------------------------------------------------------------------
15. WAIVE PROHIBITION CONTAINED IN COE 83-53 OF THE FLORIDA
COMMISSION OF ETHICS AS IT APPLIES TO EMILIO LOPEZ, WHO
SERVES ON THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD, IN RELATION TO HIS EMPLOYMENT WITH PUBLIC SERVICE
AGENCY BORINQUEN HEALTH CARE CENTER, INC., WHICH RECEIVES
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
Vice Mayor Plummer: Item 16...
Commissioner Dawkins: Move it.
Vice Mayor Plummer: ... on Emilio Lopez. Is there anyone wishing to discuss item 16? Let the
record reflect that nobody came up. Moved by Commissioner Dawkins, seconded by
Commissioner Gort. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-734
A RESOLUTION WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, THE PROHIBITION CONTAINED IN COE 83-53, OF THE
COMMISSION OF ETHICS OF THE STATE OF FLORIDA, AS SUCH
PROHIBITION APPLIES TO EMILIO LOPEZ, WHO SERVES ON THE CITY'S
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD, IN RELATION
TO HIS EMPLOYMENT WITH THE PUBLIC SERVICE AGENCY BORINQUEN
HEALTH CARE CENTER, INC., WHICH RECEIVES COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, AND HIS ROLE AS A MEMBER OF
THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD
RESPONSIBLE FOR ADVISING THE CITY REGARDING THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT 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.
NAYS:
None.
ABSENT: Mayor Stephen P. Clark
41
W
W
-•--------------------------------------------------------------------------------------------------------------
16. RATIFY MANAGER'S WAIVING OF REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND OBTAINING INFORMAL QUOTES
FOR CITYWIDE LOT CLEARING SERVICES FROM: (1) CANO
LANDSCAPING SERVICES, (2) J.R. ALVAREZ LAND CLEARING, (3)
RIPLEY'S LAWNCARE, INC., (4) L. JONES TRUCK SERVICE, (5) DOUBLE
B ENTERPRISES, INC., (6) PAINT PERFECT AND (7) ROBERT
McINTYRE -- ALLOCATE $170,000.
Vice Mayor Plummer: Item 17. Is there anyone wishing to discuss 17?
Ms. Judy Carter: Yes, sir.
Commissioner Dawkins: But before...
Vice Mayor Plummer: All right. Hello.
Commissioner Dawkins: Mr. Manager.
Vice Mayor Plummer: Commissioner Dawkins.
Commissioner Dawkins: I don't know if we want to pull this until you and I meet, or if you
want to go ahead with it, and you and I meet, but we continue, Mr. Manager, to award bids for
the cleaning up of overgrown lots, and all of us continue to get complaints from neighbors that
the lots are not cleaned, but yet, we continue to put out bids. Some kind of a way, something
isn't gelling, Mr. Manager.
Mr. Odio: That's why we're...
Ms. Carter: Sir...
Mr. Odio: That's why we're doing this here today, Commissioner, hoping that we can go and
get all the lots cleared. We needed more vendors.
Commissioner Dawkins: You needed more?
Ms. Carter: Yes, sir. If you...
Mr. Odio: We are adding...
Ms. Carter: If you'd allow me...
Commissioner Dawkins: No, no, no, wait a minute. I mean, wait a minute.
Mr. Odio: Hold on, Judy. What we're trying to do is add more vendors so we can cover the
whole City.
Commissioner Dawkins: That's what you're doing, OK?
Mr. Odio: Yes, sir, yes, sir. That's...
42 October 26, 1995
Commissioner Dawkins: So by... Now, what you're saying is you're going to add more
vendors. If that doesn't work, we will add more, and if that doesn't work, we will add more.
Mr. Odio: Yes, sir.
Commissioner Dawkins: That... You got me. Move it.
Vice Mayor Plummer: OK.
Ms. Carter: Sir, I would like to add the name of...
Vice Mayor Plummer: Whoa, whoa, wait just a minute. The motion has been moved. Is there a
second?
Commissioner Gort: I'll second.
Vice Mayor Plummer: Commissioner Gort.
Mr. Odio: We need to add one more.
Vice Mayor Plummer: All right, fine.
Commissioner Gort: One of the biggest complaints that I receive all the time, along with you,
one of the biggest problems we have in most of the neighborhoods is lot clearing. And anything
we can do to expedite that. Also, the legal part of it, we cannot let it go a certain length. I think
we need to stay on top of that. Second.
Mr. Odio: I'm going to bring back legislation. I had a meeting with Mr. Fine. You remember
Mr. Fine. And what I decided, in listening to him - and the NET (Neighborhood Enhancement
Team) Administrator is here - that sometimes we're too cautious in what we do. And you know
we did? We went in there, we were going to clean up the thing, and we put liens on whoever
does not want it, but...
Commissioner Dawkins: Whatever you have to do, do it.
Mr. Odio: ... the lawyers keep telling me I cannot do that. But I'd rather... I'd rather do it and
then go to court.
Commissioner Dawkins: Whatever you do, do it. If you have to do it, do it.
Commissioner Gort: You have to work with your Legal Department. The Legal Department has
got to find a way for us to do that, because we all want to do that...
Mr. Odio: Yeah, that's what I want, but in the meantime...
Commissioner Gort: ... and all the citizens in the City of Miami would like to see that done.
Now, other communities get it done, so I think we need to get it done, and we need our Legal
Department to give you the way of how to do it.
Commissioner Dawkins: I agree with the Commissioner.
Mr. Odio: No, don't misunderstand. I... Let me... I need to say this, because...
43 October 26, 1995
Commissioner Dawkins: Call the roll.
Mr. Odio: He has some very good lawyers, and especially the young lawyer that's working with
us, and you know, they have to he cautious, but I don't have to be, and he has to defend me in
court later, but we need to send a message that we mean... that this in the City, that we will not
allow this lot clearing to go on forever.
Commissioner Dawkins: Mr. Manager, Commissioner Gort and I are willing, and I think this
total Commission, to go out and find kids who want to earn money on a Saturday, and give them
money to clean up these lots, if that's what we have to do.
(APPLAUSE)
Vice Mayor Plummer: Well, let me... Let me ask this question.
Commissioner Gort: Let us use kids, get the key clubs, the wheel clubs.
Vice Mayor Plummer: Let me ask this question. Legally, Mr. City Attorney, how often can we
bring about the clearing of a lot? I mean, do we do it every six months? Is it every year?
Because I want to tell you, as I've been travelling around for the last three months, other than
crime, which more people are concerned about, of course, lot clearing and dirty lots that are not
cleaned up...
Commissioner Dawkins: And abandoned cars.
Vice Mayor Plummer: ... are the most... Abandoned cars are part of it.
Commissioner Dawkins: Mm-hmm.
Vice Mayor Plummer: Because you find that they push them on the lot.
i
Commissioner Gort: That's part of crime, that's part of the crime.
Mr. Odio: Commissioner, it's a question of inches. It's a question of inches.
i
Vice Mayor Plummer: OK. K
Mr. Odio: If it grows above 12 inches, then...
Vice Mayor Plummer: But how... How soon can you declare and make an owner clean up a lot?
I mean, is it every six months?
A. Quinn Jones, III, Esq. (City Attorney): As soon as it's above the acceptable limit.
Vice Mayor Plummer: Is there standards for acceptable?
Mr. Odio: I believe it's 12 inches.
Mr. Jones: Yes.
Commissioner Dawkins: We set them.
Mr. Jones: Yes.
44 October 26, 1995
Vice Mayor Plummer: OK. All right. Because I want to tell you something, it's way overdue.
Commissioner Dawkins: 'That's right, it is, Commissioner.
Vice Mayor Plummer: It's way overdue. I mean, I got a case over here by the... what used to be
the Parkway Theater.
Commissioner Dawkins: Let's leave it to the Manager to solve this, and let's move... You the
one who said we need to get out of here. Let's leave this to the Manager to solve it, and move on
to something...
Vice Mayor Plummer: Does somebody hear a noise from that end of the table?
Ms. Carter: I'd like to add...
Vice Mayor Plummer: All right. You want to add to it.
Ms. Carter: Yes, sir, I'd like the name of Paint Perfect, a black -owned vendor.
Vice Mayor Plummer: You'll do that after you name yourself on the record.
Ms. Carter: Oh, I'm sorry. I'm Judy Carter, and I'm the Chief Procurement Officer.
Vice Mayor Plummer: And you wish to add a name, amend the motion?
Ms. Carter: Paint Perfect, a black -owned vendor.
Vice Mayor Plummer: OK. Is there an amount?
Ms. Carter: Sir, these particular purchase orders will be issued as a blanket, and we will be
evenly dividing them among all of the vendors.
Vice Mayor Plummer: All right. And this was a bidder?
Ms. Carter: Yes, sir. He's a prequalified, he has all the appropriate insurance...
Vice Mayor Plummer: OK. Takes four -fifths vote. Mr. Gort, I have to have you for a four -
fifths vote. If no one objects, item 17, please call the roll.
Commissioner Gort: I'm sorry, what's item 17?
Vice Mayor Plummer: Seventeen is the lot clearing.
Commissioner Dawkins: The one with the lot clearing, Mr.... lot clearing.
Commissioner Gort: Oh, yes, definitely, yes.
Vice Mayor Plummer: OK? Call the roll.
45 October 26, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-735
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S ACTION IN WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AND IN OBTAINING INFORMAL QUOTES
FOR CITYWIDE LOT CLEARING SERVICES FOR AN AS -NEEDED BASIS, FROM
CANO LANDSCAPING SERVICES. J.R. ALVAREZ LAND CLEARING, RIPELY'S
LAWNCARE, INC., L. JONES TRUCK SERVICE, DOUBLE B ENTERPRISES, INC.,
PAINT PERFECT AND ROBERT MCINTYRE, FOR A 'TOTAL PROPOSED
ANNUAL AMOUNT OF $170,000.00; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NOS. 251113-205-145001, IN THE AMOUNT OF $20,000.00,
AND 452122-205-799229, IN THE AMOUNT OF $150,000.00; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR SAID SERVICES, AS NEEDED.
(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
h f 11
t e o owing vote.
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
46 October 26, 1995
---------------------------------------`------------------------------------------------------------------------
17. (A) GRANT REQUEST BY COCONUT GROVE STANDING FESTIVAL
COMMITTEE TO RETAIN REVENUES COLLECTED FROM
STREET CAFES (APPROXIMATELY $75,000-$90,000
ANNUALLY) -- STIPULATE THAT MONIES BE USED FOR
MAINTENANCE OF DESIGNATED FESTIVAL PROJECT.
(B) COMMISSIONER DAWKINS DIRECTS ADMINISTRATION TO
GIVE PRIORITY TO WYNWOOD, OVERTOWN, LIBERTY CITY,
EAST LITTLE HAVANA, AND COCONUT GROVE IN NEXT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING CYCLE, IN CONNECTION WITH DESIGNATED
PROJECTS.
Vice Mayor Plummer: Coconut Grove Standing festival, the long-time chairman and the one
that's going to beat us up today, Mr. Ted Stahl. For the record, if you will, state your name and
mailing address.
Mr. Ted Stahl: Good morning, gentlemen. My name is Ted Stahl. I reside at 3171 Royal Road.
My office is at 3120 Commodore Plaza. I am an appointed member of the Standing Festival
Committee, representing Commissioner Willy Gort, and I am their appointed chairman. I am
here in request to two items, this morning, that we need your approval and your consent. The
Standing Festival Committee's duties is to monitor the street closures and the use of public
rights -of -way and streets in our community. There are also funds collected by the City on these
events that are put into a fund that we are becoming an advisory board to the Commission where
these funds should be used in the festival district of Coconut Grove. Several years ago, our first
project towards - to make use of these funds - we came before you and got your approval to hire
a City architect to design the medians on Bayshore Drive between McFarlane and Grand. We
had gotten as far as getting an architect when Hurricane Andrew came in and devastated our
plans, and at the same time, devastated Peacock Park. Before Hurricane Andrew came along,
the Chamber of Commerce had planned on three phases of cleaning up Peacock Park, and what
was minor turned into major after Hurricane Andrew. They came to us, the Standing Festival
Committee, and asked if we would participate in the renovation of Peacock Park, and we did.
We. sat down for two years. We did not come to this body of Commissioners and say, here, hand
them ninety-one thousand. We sat with this group for two years discussing that the monies used
from the Standing Festival would make a considerable dent of appearance in this project, and we
did. Peacock Park turned out very, very well, and we still take an interest in Peacock. Park by
this committee requiring protection be made on the clay mound, baseball mound, when events
are thrown. We also take concern that someone for the City be there when tents are constructed,
that no puncturing of the underground irrigation system is continually protected. So we
continually work, even though we don't come before you. Now, we have a new project on the
board that the Standing Festival Committee has gotten very involved in, and it generates into a
particular area of our community. The Standing Festival Committee generates approximately
thirty twenty-seven to thirty-five thousand dollars ($27,000 to $35,000) a year in this festival...
Vice Mayor Plummer: Ted, Ted, get down to brass tanks.
Mr. Stahl: All right. The brass tacks is...
47 October 26, 1995
Vice Mayor Plummer: Put it up on the board, see if there is any opposition, please move.
Mr. Stahl: The brass tacks is that we are asking this board to approve the revenue collected by
the street cafes which generates between seventy-five and ninety thousand dollars ($75,000 and
$90,000) a year be put into the Standing Festival Committee to be used on our projects.
Vice Mayor Plummer: Is there a motion?
Mr. Stahl: Wait a minute.
Commissioner Dawkins: No.
Vice Mayor Plummer: No?
Commissioner Dawkins: No.
Mr. Cesar Odio (City Manager): I think you need to hear this, because this is a beautiful thing.
Vice Mavor Plummer: Well, I've seen the... The only reason I was... I thought everybody had
had the same opportunity as I did.
Commissioner Dawkins: Yeah, but why is it that you got to take the money from the cafeterias
to do this. Why?
Mr. Stahl: It would help...
Vice Mayor Plummer: Because it's a source.
Mr. Stahl: It would help soften some of the expenses directly from the City that we will be
asking for.
Commissioner Dawkins: OK. Did anybody move this?
Mr. Odio: But I have a condition that I told Mr. Stahl.
Commissioner Dawkins: Go right ahead, Mr. Manager. Wait, let's see if it's going to be moved,
first, Mr. Manager,
Mr. Odio: OK.
Commissioner Dawkins: Go ahead. Has anybody moved it?
Vice Mayor Plummer: No, it was.... Moved by Gort, seconded by...
Commissioner Dawkins: All right, second it, I will second it...
Vice Mayor Plummer: ... by Dawkins.
Commissioner Dawkins: ... with this provision.
Vice Mayor Plummer: All right, sir.
Commissioner Dawkins: When you get to Grand Avenue, you go two blocks west on Grand
Avenue, and you go around the corner towards the Mayfair, if you have to.
48 October 26, 1995
W
t
Vice Mayor Plummer: OK. Commissioner...
Mr. Odio: No, sir, what I wanted to say is...
Commissioner Dawkins: Wait a minute. Hmm?
Vice Mayor Plummer: All right..
Mr. Odio: What I wanted to say...
Commissioner Dawkins: Wait a minute. Let's see if he accepts.
Vice Mayor Plummer: That's an amendment to the motion.
Commissioner Dawkins: Let's see if he accepts that amendment.
Vice Mayor Plummer: OK? Now...
Commissioner Dawkins: Do you accept the amendment?
Vice Mayor Plummer: Well, he doesn't... No, it doesn't matter whether he accepts it or not.
Commissioner Dawkins: OK.
Vice Mayor Plummer: He's not making it or voting on it. Mr. Manager.
Mr. Odio: Well, he agreed with me, and what I told them when they came in with this, it's a
great project. The only thing is that I want to go further, and we have to do all of the Grove
downtown.
Mr. Stahl: This would be used as an example.
Mr. Odio: And they agreed that that would be done, because it's not fair just to do Commodore
Plaza. I had brought some pictures from Roanoke, Virginia, that a simple downtown can be
made to look very beautiful with flowers, and plants, and all that, and he agreed that it would be
done in all of the downtown Grove. Right?
Mr. Stahl: Yes, sir. We have met with all of the officials, Public Works, City Attorney, Jack
Luft, and they need your approval for us to proceed with our plan, the engineering end of it, to
proceed to get better facts, meet with the owners and taxpayers of Commodore, and then come
up with a final plan to be approved by this Board. And this...
Vice Mayor Plummer: The motion...
Commissioner Dawkins: So thirty thousand... How much comes from the restaurant receipts,
how much, approximately?
Vice Mayor Plummer: Seventy-five to ninety a year.
Commissioner Dawkins: Seventy-five. And how much comes from the festivals?
Mr. Stahl: About thirty-five thousand, sir.
49 October 26, 1995
Commissioner Dawkins: Thirty-five thousand. So we're talking in terms of having a minimum
of a hundred thousand dollars ($100,000) a year to do this by block, by two blocks, and by three
block areas. Is that what you're saying?
Mr. Stahl: No, sir. These funds would be used to maintain these projects and take the
responsibility of maintenance away from the City.
Commissioner Dawkins: Oh. All right. Then who's going to pay for the construction materials
and all? Who's going to pay for that?
Mr. Stahl: Cesar Odio, would you like to step in here and...
Mr. Odio: We have to come up with the next year of the funding from the...
Commissioner Dawkins: OK. Mr....
Mr. Odio: ... from CDBG (Community Development Block Grant). We have to come up with
funds to do this project.
Commissioner Dawkins: Mr. Manager, I'm going to tell you now, I'm going to tell the people in
Coconut Grove and...
Mr. Odio: But we... We should do it, Commissioner.
Commissioner Dawkins: ... and I'm going to tell Mr. Stahl. In the next CDBG funding, the first
priority will be Wynwood. The second priority will be Overtown. The third priority will be
Liberty City. The next priority will be Little - East Little Havana. And then, you can put in
Coconut Grove for CDBG funding.
Mr. Odio: OK.
Commissioner Dawkins: Now, when it comes before this Commission, that's my priority, and I
will be here.
Mr. Odio: I'll take it back.
Commissioner Dawkins: I don't know for how long after that time, but I will be here.
Mr. Odio: I'll take it back. We will identify the funding to do this project outside of CDBG.
We will find...
Commissioner Dawkins: Wait, now, wait, now, hold it. Hold it.
Mr. Odio: We'll bring it back to you for approval.
Commissioner Dawkins: Now, you can't do... You can't do that, Mr. Manager.
Mr. Odio: Yes, sir.
Commissioner Dawkins: We're telling everybody else out there, East Little Havana, Liberty
City, Wynwood, Edgewater, we don't have any money. And now, you're saying to Coconut
Grove, "We will find the money." So, now, if we're going to find the money for any place, let's
find it for every place.
Mr. Odio: Commissioner, Commissioner, I... We are going to target every neighborhood. We
just... I told you we visited Liberty City two days ago and walked on 15th Avenue. We are
going to target 15th Avenue. We're....
Commissioner Dawkins: But you did not tell Liberty City, "I have a... I will find a dedicated
source of revenue to do this," as you are telling Coconut Grove.
Mr. Odio: We have. committed to Liberty City to bring to you...
Commissioner Dawkins: Money.
Mr. Odio: ... to bring to you...
Commissioner Dawkins: You committed money here, now.
Mr. Odio: We have committed to you - to Liberty - to the Urban League that we would bring it
to you to find funds to do Liberty City.
Commissioner Dawkins: But you're not telling them to find the funds. You're telling them, "I
have the funds." There is a difference.
Mr. Odio: I'm telling... I told them that we would find the funds, and that we'd bring it to you,
and that we should do this project, yes. And we should do it. Commissioner, we have a
beautiful village that needs to be the center of attention for tourists. And if we don't do this...
Commissioner Dawkins: And you got slums in Coconut Grove.
Mr. Odio: Yes.
Commissioner Dawkins: The black Grove.
Mr. Odio: Yes.
Commissioner Dawkins: You got slums in Liberty City, we got slums in Wynwood...
Mr. Odio: Yes, and we just...
Commissioner Dawkins: ... that needs to be upgraded, just like a beautiful...
Mr. Odio: You're absolutely right. We just...
Commissioner Dawkins: OK. I rest my case.
Mr. Odio: We just did the Grand Avenue and Douglas Project.
Commissioner Dawkins: Move the item.
Mr. Odio: That is also a good project for Coconut Grove.
Vice Mayor Plummer: Commissioner Gort has the floor.
Commissioner Gort: I'd like to make some statements. I think you've got a point, and I think
this should go back to you. We just awarded a contract, and we're going to do the second
reading today of two million dollars ($2,000,000) to do a project, tourist -oriented also, on Grand
51 October 26, 1995
and 37th. I think that we. should look at a way that we can connect them both to make that one
Whole piece as a tourist attraction. And we can do that. I think that's one of the goals that
Commissioner Dawkins was talking about. And in reading the five-year plan that the City of
Miami has for the future, one of the things that we put a lot of emphasis into, Miller, is the
neighborhoods. And I'll he there with you, heCal{se we will be working... We need to improve
all of our neighhorhoods, but we also have to maintain the existing facilities that we have
producing revenues. But I understand, and I've. seen the plans that we have. for Overtown, the
plans we have for Liberty City, and for Little Havana, and I think we're going to be able to do it
all.
Vice Mayor Plummer: All right. Any further discussion? The motion is on the floor. Call the
roll.
The fallowing resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-736
A RESOLUTION, AUTHORIZING THE CITY MANGER TO ALLOCATE
REVENUE COLLECTED FROM COCONUT GROVE SIDEWALK CAFE PERMIT
FEES TO FUND PROJECTS OF THE COCONUT GROVE SPECIAL STANDING
FESTIVAL, COMMITTEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
i
NAYS: None. {
i
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE AFTER ROLL CALL:
Mr. Stahl: Thank you.
52 October 26, 1995
J
i
i
F
2
1
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18. APPROVE FUNDING REQUEST FROM COMMISSION ON THE STATUS
OF WOMEN IN CONNECTION WITH: (1) INSTALLATION OF INSCRIBED
PLAQUE AS TESTIMONIAL TO ACHIEVEMENTS OF MIAMI WOMEN;
AND (2) ERECTION OF STATUE / MONUMENT OF JULIA TUTTLE -- IN
CELEBRATION OF MIAMI'S 100TH BIRTHDAY: "MIAMI CENTENNIAL
'96 WOMEN'S HALL OF FAME... IN JULIA'S FOOTSTEPS."
----------------------------------------------------------------------------------------------------------------
Vice. Mayor Plummer: There's a request to take out of order item 2.5, from one of the people
who have to leave very quickly, so I will address at this time the Status of Women on item 25, if
they promise to be brief.
Ms. Pola Reyburd: Pola Reyburd, chair, Commission on the Status of Women. 2600 Bayshore
Drive. Miami is perhaps the only major City in the United States that has been founded by a
woman, Julia Tuttle, and it is our intention to celebrate the Miami Centennial with a special
project that will honor Julia Tuttle and the women who have followed her. The name of the
project is the Women's Centennial Hall of Fame, in Julia's footsteps.
Ms. Monna Lighte: The Commission has asked me to be the chair of the Women's Hall of Fame
for the City of Miami honoring 100 women who have been pioneers in contributing to this
community, including every ethnic spectrum that is possible. We are going to have a reception
that will unveil this plaque at the same time during the Centennial that the National Associations
of the Commissions on the Status of Women are here, so that this news of this City and its
endeavor to celebrate the Centennial and women will be brought throughout the country. The
second part of the project - you've all received the papers - will be a permanent monument and
statue with the names of the 100 women leading up to the statue, someplace which the City will
help us decide will be on the Miami River. I hope that you will approve this. You have received
information about this, and we urge that you pass this as part of your Centennial project.
Vice Mayor Plummer: Mr. City Manager.
Mr. Cesar Odio (City Manager): No, sir. I did recommend against the Daughters.
Vice Mayor Plummer: What did you recommend against women?
Mr. Odio: I think they are great women. No, I love women. I don't know about you, but I
cannot...
Vice Mayor Plummer: But you're recommending against women, Mr. Manager?
Mr. Odio: I cannot give them twenty thousand dollars ($20,000) that is not budgeted, and I have
told everyone that. I mean...
Vice Mayor Plummer: You've made some foolish mistakes in your life.
Mr. Odio: I think the Miami Centennial Committee should come up with the money, since you
do have a lot of money, and pay for it out of... since it is a Centennial celebration.
Vice Mayor Plummer: Boy, am I glad you don't vote.
53 October 26, 1995
N
Ms. Lighte: This item...
Vice Mayor Plummer: Shh... Is there a motion before the Commission?
Commissioner Gort: Listen, I have six at home. I have to say yes.
Vice Mayor Plummer: All right.
Commissioner Gort: I'll make the motion.
Vice Mayor Plummer: Does Nancy Dawkins have an expression in this here? And Betty De
Yurre would like to have a say... something?
Commissioner Dawkins: Well, I do have to go home, so...
Commissioner De Yurre: Well, I only have one at home, but she's equal to six, so.
Commissioner Dawkins: I do have to go home.
Vice Mayor Plummer: And you second the motion.
Commissioner De Yurre: Yeah.
Vice Mayor Plummer: You'll call the roll, please.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-737
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $20,000.00
FROM SPECIAL PROGRAMS AND ACCOUNTS, IN SUPPORT OF THE CITY OF
MIAMI COMMISSION ON THE STATUS OF WOMEN (MCSW) FOR THE (A)
INSTALLATION OF AN INSCRIBED PLAQUE AS TESTIMONIAL TO THE
ACHIEVEMENTS OF MIAMI WOMEN, AND (B) ERECTION OF A STATUE OR
MONUMENT OF JULIA TUTTLE, IN CONNECTION WITH THE WOMEN'S
CENTENNIAL HALL OF FAME - IN JULIA'S FOOTSTEPS CELEBRATION TO BE
HELD IN CONJUNCTION WITH THE CITY OF MIAMI'S 100TH BIRTHDAY
COMMEMORATION, SAID ALLOCATION CONDITIONED UPON THE MCSW
COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
54
0
W
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Plummer: Thank you, and bye-bye.
Ms. Lighte: Thank you very much.
Ms. Reyburd: Thank you, thank you.
----------------- ----------------------------------------------------------------------------------------------
19. DISCUSS AND DEFER TO NOVEMBER 16TH MEETING REQUEST TO
CHANGE NAME OF SOUTH BAYSHORE DRIVE TO BRICKELL
BAYSHORE DRIVE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 19. Pat Kelly, is she present? Is Pat Kelly present? Hello, there.
Mr. Jack Lowell: Mr. Vice Mayor, I am here...
Vice Mayor Plummer: You don't look like Pat Kelly to me.
Mr. Lowell: No, sir, I haven't changed.
Vice Mayor Plummer: Mr. Lowell, are you here on this one?
Mr. Lowell: Yes, sir.
Vice Mayor Plummer: Name and... To change the name of South Bayshore Drive to Brickell
Bayshore Drive. Would that be less confusing or more confusing?
Mr. Lowell: We hope it would be less confusing, Mr. Vice Mayor. I'm Jack Lowell. I have an
office at 1001 South Bayshore Drive. I'm here on behalf of the owners of that property. We are
requesting a name change from the portion of South Bayshore Drive that runs from 8th Street to
14th Street. There are only two occupied properties on that section of South Bayshore Drive.
It's the owners we represent, and the Four Ambassadors.
Vice Mayor Plummer: OK. You know, this is going to require a public hearing.
Mr. Lowell: Yes, sir.
55 October 26, 1995
Vice Mayor Plummer: OK? So Mr. Manager, give me a date for a public hearing so it can be
publicly advertised and so noted to have people come and express their opinion for...
Mr. Cesar Odio (City Manager): You know, I don't know why they want to do this. You want
to go through a public hearing? I will recommend, every time they come up here, against it,
because, you know, it's been a tradition...
Vice Mayor Plummer: OK. They have their right, Mr. Manager...
Mr. Odio: Sure.
Vice Mayor Plummer: ... to ask for a public hearing. Give me a date. How about November the
16th?
Mr. Odio: How about November the 16th?
Vice Mayor Plummer: OK. Advertise for November the 16th. Anyone have an objection?
Showing none, we'll see you back, Mr. Lowell, on the 16th.
DOTE FOR THE RECORD: At this point, agenda item 20 was
called for discussion. The record was marked to reflect no
appearance by interested parties at this time, and the item was
deferred.
----------------------------------------------------------------------------------------------------------------
20. GRANT REQUEST FROM ISLAND PRODUCTION FOR FEE WAIVERS
AND EXTENSION OF HOURS CONCERNING UNION MUSICAL '95, AN
ALL -DAY FESTIVAL BENEFITING MAKE -A -WISH FOUNDATION
(NOVEMBER 25, 1995).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Jorge Jaen, director of Island Productions.
Mr. Cesar Odio (City Manager): By the way, by the way, Mr....
Vice Mayor Plummer: Address the Commission regarding Union Musical '95, all day festival
benefiting the Make -A -Wish -Foundation. Mr. Manager, I don't know if you've had the
opportunity to see this or not.
Mr. Odio: I recommend this project. I think it's a great project. They are a good cause, and will
be in Virginia Beach and...
Vice Mayor Plummer: All right.
Mr. Odio: ... I think I support...
Vice Mayor Plummer: I'm very happy to hear you say that. But...
Mr. Odio: I fully support that.
Vice Mayor Plummer: I have two problems. OK? The first problem is the serving of hard t
liquor.
Mr. Odio: I told them they have to go to the State to obtain the license.
Vice Mayor Plummer: Well, I understand that, Mr. Manager, but I think that they have to
understand that if you're going to serve hard liquor, that the police department are going to
demand a lot more officers that you have to pay for.
Mr. Jorge Jaen: I have spoken to the Special Event Office at the City of Miami Police
Department...
Vice Mayor Plummer: All right. But no waiving on that.
Mr. Jaen: No, no, no.
Vice Mayor Plummer: OK.
Mr. Jaen: No.
Vice Mayor Plummer: Second of all, Mr. Ruder, this is at Virginia Key.
Mr. Alberto Ruder: Right.
Vice Mayor Plummer: I wart to tell you that our offices were absolutely mobbed with the last
event that was held on Virginia Key.
Mr. Ruder: Right
Vice Mayor Plummer: That parking was absolutely out of question. People could not get into
their places of the... Noah and the other places over there. Mr. Ruder, please, do not let this
Commission be embarrassed again. I will look for you to impose upon them any requirements
that you see fit to make sure that that scenario does not happen again.
Mr. Ruder: OK.
Vice Mayor Plummer: OK? Now, you want to be foolish and say something or...
Mr. Jaen: No. I have... I have sat down with...
Commissioner Gort: Name and address for the record.
Mr. Jaen: ... people in the Parks Department, and we've come up with a preemptive...
Commission€.r Gort: Name and address.
Mr. Jaen: ... plan for the parking...
Vice Mayor Plummer: Your name and mailing address, please.
Mr. Jaen: Oh. My name is Jorge Jaen, and I reside at 1152 Southwest 8th Street, in Miami,
Florida. We've come up with a very nice plan for parking, and I sat down with the assistant
director and everything, so...
57 October 26, 1995
Vice Mayor Plummer: All right. Now, let's understand what we're doing. We're reducing the
rental fee from twenty-five hundred ($2,.500) dollars to fifteen hundred dollars ($1,500). We're
doing the setup days, we're waiving that, at a hundred and fifty per day. Is there anything else?
Mr. Ruder: Well, I don't know if you want the hard liquor, a percentage...
Vice Mayor Plummer: The hard liquor, they got to go to the State. We'll allow it.
Mr. Ruder: No. I don't know if you want a percentage of that. We talked about that.
Vice Mayor Plummer: Oh, absolutely. What percentage are they offering? Ten percent? That
sounds like a good number.
Mr. Ruder: OK. And we'll monitor, the way Bayfront Park does, with their procedures.
Vice Mayor Plummer: OK. Now, listen, let me tell you something, just so you know. We, by
the way, Mr. Manager, for your edification, are outlawing the serving of hard liquor in Bayfront
Park unless it is brought before the board for approval. I strongly suggest that you have someone
there to do the wristbands, OK? Because I want to tell you, if you don't, you're going to have a
problem. And if they have a wristband, that means they've produced I.D., and they've bought
from the source that you are providing. You've got to be extremely careful that people don't
bring in liquor, cause a problem, and you get blamed for it. All right? I'm assuming they have
to provide the liability insurance and everything else. So what we're doing is, we're reducing
their basic rent fee to fifteen hundred, and the setup day of a hundred and fifty.
Mr. Ruder: Yeah. And then they all other costs...
Vice Mayor Plummer: All other cost is...
Mr. Ruder: ... concession costs and personnel costs, and police cost and...
Vice Mayor Plummer: And we get ten percent.
A. Quinn Jones, III, Esq. (City Attorney): Aren't you also asking or requesting that the park
hours be extended beyond ten o'clock?
Mr. Jaen: Yeah.
Mr. Ruder: Right.
Vice Mayor Plummer: What is that?
Mr. Jaen: It's also a request.
Vice Mayor Plummer: How much beyond ten p.m.?
Mr. Ruder: Two hours. It'll be twelve.
Vice Mayor Plummer: I got to tell you, I have no problem there. I mean, why... Who are you
going to be disturbing?
Commissioner Gort: Move it.
58 October 26, 1995
Mr. Ruder: Yeah, we've dune that before, and there hasn't been any problems.
Vice Mayor Plummer: All right, fine.
Commissioner Gort: Move it.
Vice Mayor Plummer: OK. The motion is made, seconded...
Mr. Odio: We need to notify the City of Key Biscayne.
Vice Mayor Plummer: ... by Commissioner De Yurre, made by Commissioner Gort. Anyone
else wishing to discuss the item? Show a unanimous vote.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-739
A RESOLUTION RELATED TO THE UNION MUSICAL '95 FESTIVAL
BENEFITING MAKE A WISH FOUNDATION TO BE CONDUCTED BY ISLAND
PRODUCTIONS ON NOVEMBER 25, 1995 AT VIRGINIA BEACH PARK;
REDUCING THE FEE FOR THE USE OF SAID PARK ON THE DAY OF THE
EVENT FROM $2,500 TO $1,500 AND WAIVING THE USER FEE OF $150 PER
DAY FOR SETUP PRIOR TO THE EVENT; FURTHER, EXTENDING THE PARK
HOURS FOR VIRGINIA BEACH PARK BEYOND THE SCHEDULED 10:00 P.M.
CLOSING TIME TO 12:00 MIDNIGHT FOR SAID EVENT; SAID WAIVERS AND
EXTENSION SUBJECT TO THE ORGANIZERS (1) PAYING FOR ALL OTHER
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT; (2) OBTAINING ALL NECESSARY PERMITS
AND INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED
BY THE CITY MANAGER OR HIS DESIGNEE; AND (3) REIMBURSING THE
CITY TEN PERCENT (10°/v) OF THE NET PROFIT REALIZED BY SAID EVENT
FROM THE SALE OF ALCOHOLIC BEVERAGES OTHER THAN BEER AND
WINE, SAID REIMBURSEMENT NOT TO EXCEED THOSE MONIES WAIVED BY
THE HEREIN RESOLUTION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE AFTER ROLL CALL:
------------------------------------------------------------------------------------------------------••---------
21. GRANT REQUEST FROM MIAMI JACKSON HIGH SCHOOL FOR FEE
WAIVER FOR USE OF CURTIS PARK / COMSTOCK PARK / MOORE
PARK / ROBERTO CLEMENTE PARK CONCERNING CELEBRATION OF
THE FIRST DOMINICAN MANCOMMUNITY GAMES OF FLORIDA
(NOVEMBER 1.0-12 & 17-19, 1995).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Next, item 22. Eduardo Gomez, is he present? Eduardo Gomez, is he
present?
Mr. Cesar Odio (City Manager): But I... I will recommend this.
Mr. Victor Alba: Yeah, we are here.
Vice Mayor Plummer: You are, si:. The director of Jackson High School to address the
Commission regarding a fee waiver for the use of Curtis Park, Comstock, Moore Park and
Robert Clemente to celebrate the first Dominican Mancommunity Games?
Mr. Odio: Yeah, it's a...
Mr. Alba: Yeah, the. first Community Games.
Vice Mayor Plummer: Huh?
Mr. Alba: The first Community Games.
Vice Mayor Plummer: November 10, 12, 17 and 19. Moved by Gort.
Mr. Odio: We waived the fees only. They have to pay for labor.
Vice Mayor Plummer: Waiving fees. Everything else, you have to provide. Seconded by De
Yurre. Any objection? Show a unanimous ballot.
The fallowing resolution was introduced by Commissioner Gert, who moved its adoption:
RESOLUTION NO. 95-739
A RESOLUTION RELATED TO THE FIRST DOMINICAN MANCOMMUNITY
GAMES OF FLORIDA TO BE CONDUCTED BY MIAMI JACKSON HIGH SCHOOL
ON NOVEMBER it1 THROUGH 12 AND NOVEMBER 17 THROUGH 19, 1995;
WAIVING ALL WAIVABLE FEES FOR USE OF CURTIS PARK, COMSTOCK
PARK, A40ORE PARK AND ROBERTO CLEMENTE PARK, AS PERMITTED BY
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SAID
AUTHORIZATION SUBJECTTO ]'HE ORGANIZERS PAYING FOR ALL OTHER
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT AND OBTAINING ALL NECESSARY
PERMITS AND INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, emitted here and on file in the Orrice of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE AFTER ROLL CALL:
Mr. Alba: All right. Thank you.
61 October 26, 1995
------------------------------------------••-------------------------••-------------------------------------------
22. (A) PERSONAL APPEARANCE: MS. KITTY ROEDEL, PRESIDENT,
SPRING GARDEN CIVIC ASSOCIATION -- TO ADDRESS CITY'S
INTENT TO ACCOMMODATE THE DEPARTMENT OF JUVENILE
JUSTICE ASSIGNMENT CENTER AT THE OLD MUNICIPAL
POLICE DEPARTMENT ON N. W. 1 I STREET.
(B) INSTRUCT CITY MANAGER TO DIRECT PUBLIC WORKS
DEPARTMENT TO COME BACK TO THE COMMISSION,
IMMEDIATELY, WITH THE APPROPRIATE METHOD OF
ADDRESSING THE FLOODING PROBLEM IN NORTH RIVER
DRIVE.
Vice Mayor Plummer: Item 24, Commissioner De Yurre. Is Kitty Roedel present? There she
be.
Ms. Kitty Roedel: Members of the Commission, Kitty Roedel, 828 Northwest 9th Avenue,
Miami, Florida, president of the Spring Gardens Civic Association. We have two items today.
One is the intent of the State and County to look at your former police station to build a juvenile
assignment center. And...
Commissioner Dawkins: Which item is this?
Mr. Cesar Odio (City Manager): We are not doing that. We are not doing that.
Vice Mayor Plummer: OK, that answers the first item. Number 2.
Ms. Roedel: Well, we'd like...
Commissioner Dawkins: Which item? Which item is this?
A. Quinn Jones, III, Esq. (City Attorney): Twenty-four.
Ms. Roedel: If we could get some clarification from the City maybe...
Mr. Odio: We are not doing that.
Vice Mayor Plummer: OK?
Commissioner Dawkins: OK...
Vice Mayor Plummer: You'll give them a letter to that effect. right?
Mr. Odio: I'll give them whatever they want. We're not doing that, Commissioner.
Vice Mayor Plummer: Item number two, Kitty.
Ms. Roedel: The second part of that issue is, if the City could look at the former police station
site as a redevelopment opportunity that would bring in something to the neighborhood that
would be more residential in character, we would really appreciate that.
62
Vice Mayor Plummer: Well, you know we've gone out before, and we've tried to get something
that would come in there that was reasonable, and really, we didn't have much bid, and that's the
main...
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Vice Mayor Plummer: I would love...
Commissioner Dawkins: We... I tell you what. I will take it upon myself to work with you. We
will find some people to develop. You can't tell me, Miller Dawkins, that with that prime
property alongside the expressway...
Ms. Roedel: With Metrorail.
Commissioner Dawkins: ... and what have you, that we cannot find somebody to put up hundred
thousand dollar townhouses along there. It can be done, but nobody wants to give up the
building to get it done.
Vice Mayor Plummer: OK. Item...
Commissioner Dawkins: So I will work... You tell your group, whoever it is, to call my office,
and I will help try to find a developer, and a contractor, and we will come back here in
December with a site plan and all, to show them how we can put some houses on that property.
Ms. Roedel: OK. Thank you.
Vice Mayor Plummer: So the first part will be a letter from Commissioner... from Manager
Odio. The second part...
Commissioner Dawkins: Oh, you've made him a Commissioner now.
Vice Mayor Plummer: What?
Commissioner Dawkins: You made him a Commissioner now.
Vice Mayor Plummer: Well, that's all right.
Mr. Odio: I don't want it. I'd lose my salary.
Vice Mayor Plummer: He's been worse. All right. Item...
Ms. Roedel: The second... Commissioner, the second item is a long-standing flooding problem
that we're having on Northwest North River Drive.
Mr. Cesar Odio (City Manager): The what problem?
Ms. Ava Barns: Flooding. My name is Ava Barns. I live on North River Drive. Those
photographs were taken from my front step. The top photos are when it doesn't rain. That's
how much flooding we get. The river flows into North River Drive, completely covers the
street. The photo underneath it shows the street when it does rain. The street disappears, and
cars can't even get along.
Vice Mayor Plummer: Is there anything that we, as a City, can do in reference to the river
overflowing?
63 October 26, 1995
Mr. Odio: I would move away from the river. Seriously, we will look at the...
Vice Mayor Plummer: Buy a houseboat.
Mr. Odio: We would ask Public Works to go and do a review of the storm water system.
Commissioner De Yurre: To come back with the appropriate instructions to deal with this
matter immediately.
Mr. Odio: Yeah, right.
Commissioner De Yurre: I mean, like, it's unbelievable.
Mr. Odio: Right, right.
Commissioner De Yurre: Somebody will drown out there. Can you imagine somebody
drowning in the middle of the street?
Vice Mayor Plummer: No, I can't imagine that.
Mr. Odio: We will go in there right away.
Commissioner De Yurre: All right. Thank you.
Vice Mayor Plummer: OK?
END OF DISCUSSION -- NO ACTION TAKEN
NOTE FOR THE RECORD: At this point, agenda item 55 was
deferred.
Vice Mayor Plummer: Item 25 has been taken care of.
--------------------------------------------------------------- ------------------------------------------------
23. PERSONAL APPEARANCE: MS. MIRIAM DONNER CONCERNING HER
ACCUSATIONS OF DISCRIMINATION AND DENIAL OF EQUAL
PROTECTION -- TABLE UNTIL END OF MEETING (See labels 57 & 67).
Vice Mayor Plummer: Twenty-six, Miriam Donner, Is Miriam Donner present? You have two
minutes. If you will state your name and mailing address, please.
Ms. Miriam Donner: Well, two minutes, I cannot make it, number one. Number two...
Vice Mayor Plummer: Well, you go ahead and start, and we have the right to...
Ms. Donner: OK. We... I would like... I would like you to postpone it till after lunchtime
because when... I wrote a letter to the... to Mr. Odio, advising him that I want the backup
paper...
64 October 26, 1995
Vice Mayor Plummer: Ma'am, I'm not going to let you discuss it if you want to come back.
Ms. Donner: Yeah, but every backup paper is here, and I'm complaining discrimination about
every... from day one, and even with the paper, the backup paper is not here. Why do they
discriminate against me?
Vice Mayor Plummer: Mrs. Donner, do you wish to be placed at the agenda? Yes or no.
Ms. Donner: Yes, I like it the end of the agenda.
Vice Mayor Plummer: That's fine. The next item that we'll address today...
Ms. Donner: What number it would be? What time?
Vice Mayor Plummer: It will be after the last item now.
Ms. Donner: But what time it will be? Because I wanted to get a court reporter here.
Vice Mayor Plummer: After item 56.
Ms. Donner: Fifty-six?
Vice Mayor Plummer: Yes, ma'am. It will be sometime after lunch.
Ms. Donner: Thank you. Thank you.
NOTE FOR THE RECORD: At this point, agenda item 26 was
to e .
----------------------------------------------------------------------------------------------------------------
24. DISCUSSION CONCERNING REQUEST BY MR. WALTER HARDEMON,
PRESIDENT, YOUTH OF AMERICA, INC. FOR FEE WAIVER FOR USE OF
WATSON ISLAND (DECEMBER 15, 1995-JANUARY 3, 1996) -- REFER TO
MANAGER TO FIND A SUITABLE LOCATION TO HOLD CARNIVAL
EVENT -- RESCHEDULE ITEM FOR NOVEMBER MEETING.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Walter Hardemon, is he present? Is he present? For the record, your
name and mailing address, please.
Mr. Walter Hardemon: Yes. My name is Walter Hardemon, the founder and president of Youth
of America, Incorporated. My mailing address is 655 Northwest 48th Street.
Vice Mayor Plummer: All right, sir, your request is what?
Mr. Hardemon: For a fee waiver for the use of Watson Island through the...
Vice Mayor Plummer: Mr. Ruder, is he present? Where is Mr. Ruder?
65 October 26, 1995
W
Mr. Hardemon: Through the period of...
Commissioner Dawkins: May I... May I, Vice Mayor?
Vice Mayor Plummer: Sir, Mr. Dawkins.
Commissioner Dawkins: There's no point in us wasting the Commission's time or Mr.
Hardemon's time.
Vice Mayor Plummer: All right, sir.
Commissioner Dawkins: This Commission is not going to grant a waiver. I don't... And if I'm
in error, this Commission tell me. We are not going to grant a waiver for anybody to put a
carnival on Watson Island. We aren't going to do that. So there's no point in us even discussing
that.
Vice Mayor Plummer: All right.
Commissioner Dawkins: But I would like to suggest to Mr. Hardemon that Mr. Hardemon meet
with the Manager or the Manager's designee and find a suitable piece of property on which to
hold the carnival, and bring back whatever he signed with the carnival company, or whatever, at
the November meeting, and we move it then.
Vice Mayor Plummer: All right.
Commissioner Dawkins: Is that agreeable to the Manager?
Vice Mayor Plummer: Mr. Hardemon, did you hear the request of. M.J.?
Commissioner Dawkins: Because you would think... I don't think we're going to let anybody
go on Watson Island.
Mr. Cesar Odio (City Manager): No, sir.
Commissioner Dawkins: OK.
Mr. Odio: And he's asking for 19 days so...
Vice Mayor Plummer: Well, excuse me. Mr. Manager, again. Mr. Dawkins has recommended
that he come see you, OK?
Mr. Odio: Fine, fine.
Vice Mayor Plummer: Now, that is in order, and I don't think you ought to fight anything to try
to help you, because I think the votes are here that say no to Watson Island.
Mr. Hardemon: Well, I don't have a problem with that recommendation.
Vice Mayor Plummer: OK.
Mr. Hardemon: But as the Manager stated, it's for 19 days. I've been working with at - risk
juveniles for over 18 years, no pay. For what I was asking is a little of nothing, because at this
present time now, with all the cuts of funding, especially public funding, there's no money out
there.
66 October 26, 1995
Vice Mayor Plummer: Mr. Hardemon, sir, please...
Mr. Hardemon: Yes.
Vice Mayor Plummer: We're trying to help you.
Mr. Hardemon: All right.
Vice Mayor Plummer: OK?
Commissioner Dawkins: And the Manager - and I'm going to tell you - the Manager is going to
get a...
Vice Mayor Plummer: Yeah. Mr. Manager...
Commissioner Dawkins: ... a favorable recommendation when he says that he cannot let you
have a spot for a month. Nineteen days is a month.
Mr. Hardemon: I understand, sir.
Commissioner Dawkins: OK, all right, sir.
Commissioner Gort: See, Watson Island is...
Vice Mayor Plummer: We're deferring item 27 over to the Manager for further consideration.
Thank you, sir.
Mr. Hardemon: All right. Thank you.
Commissioner Gort: We'll get you a better spot.
Vice Mayor Plummer: OK?
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
25. GRANT REQUEST FOR USE FEE WAIVER FOR COMSTOCK PARK
CONCERNING EL MERENGON CON SALSA FESTIVAL (NOVEMBER 5,
1995).
Vice Mayor Plummer: Mr. Gort, item 28, in reference to the salsa. Are the people of the salsa
here?
Unidentified Speaker: Good morning, Commissioners.
Commissioner Gort: I received a letter from them, a personal appearance again.
Vice Mayor Plummer: All right. For the record, sir, have you... Have you run this by the...
Commissioner Gort: I've asked them to meet with staff.
67 October 26, 1995
Mr. Alberto Ruder: Yeah, we met with them, and we gave them a budget.
Vice Mayor Plummer: All right.
Mr. Ruder: The only thing that the Commission can waive is the... a couple of the use fees,
which amount to about three hundred dollars ($300). But the labor, the surcharge, the beer and
wine permit, the concessions, those can't be waived.
Vice Mayor Plummer: OK. I am instructed that he needs for you to tell him that in Spanish.
Mr. Ruder: OK.
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT,
ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING
TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE
MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY.]
Mr. Odio: QUE NADA MAS QUE PODEMOS DESCONTARLE $300., QUE SON LOS FEES
QUE ... LO QUE TIENE QUE PAGARNOS POR EL PARQUE PERO LOS COSTOS DEL
PERSONAL QUE VA A TRABAJAR EN ESE PARQUE VA POR CUENTA DE USTEDES.
Mr. Oscar Ivan Barros: NOSOTROS QUERIAMOS COMUNICARLES QUE FOR PRIMERA
VEZ SE VA A RACER UN EVENTO...
TRANSLATION: He wants to tell you that for the first time...
Commissioner Gort: We need the name and address.
Mr. Odio: POR FAVOR, PONGH SU NOMBRE Y DIRECCION.
Mr. Barros: MI NOMBRE ES OSCAR IVAN BARROS ESTOY REPRESENTANDO A
NUESTRA COMUNIDAD DOMINICAN. POR PRIMERA VEZ SE VA A HACER UNA
ACTIVIDAD DONDE SE VA A DONAR PARTS A LA CRUZ ROJA DOMINICANA.
TRANSLATION: He's representing the Dominican community. For the first time, they're
going; to do an activity that they will be doing a park event for the Red Cross of the Dominican
Republic.
Vice Mayor Plummer: Wait a minute, what the hell did we just pass? They just had one.
Mr. Barros: A LA FUNDACION DOMINICO-AMERICANA. UNA ENTIDAD QUE SE
DEDICA A OBTENER BECAS Y PREPARA A CIUDADANOS PARA QUE SE HAGAN
CIUDADA - NOS DE ESTADOS UNIDOS. LOS COSTOS DE 3,200 QUE NOS COBRA EL
PARQUE MAS 70 CENTAVOS POR CADA TICKET VENDIDIO ES MUCHO DINERO
PARA NOSOTROS QUE VAMOS A APOUAR DOS ENTIDADES DOMINICANAS.
TRANSLATION: Also the Dominican Foundation is an entity that helps to get scholarships and
prepares citizens to become citizens of the United States. The cost of three thousand two
hundred that the park is charging, plus seventy cents for every ticket sold is too much money for
them that are going to be supporting to Dominican entities.
Vice Mayor Plummer: All right, sir. Well...
Mr. Odio: And my recommendation stands. We... We...
68
October 26, 1995
Vice Mayor Plummer: Explain to him that the only thing that we can waive, we're willing to do
it.
Mr. Odio: QUIERE QUE LE EXPLIQUE A USTED QUE LO UNICO QUE PODEMOS
HACER ES LO QUE LE DIGIMOS ANTES QUE ERAN LES $300. Y LOS OTROS SON
COSTOS QUE USTEDES TIENEN QUE PAGAR PORQUE SI NO...
Commissioner Gort: "Otros son"... The others are cost of the City.
Vice Mayor Plummer: OK. The others, we can't do anything about.
Mr. Odio: "Y los otros son costos que ustedes tienen que pagar porque si no "...
Vice Mayor Plummer: Is there a motion, Mr. Gort, to waive those things that legally we can?
Commissioner Gort: Move it.
Vice Mayor Plummer: Seconded by Commissioner De Yurre.
Commissioner De Yurre: Everything that we can waive legally.
Vice Mayor Plummer: Legally that we can waive, yes, sir.
Vice Mayor Plummer: OK?
Mr. Odio: "Le... vamos a descontar to que legalments se pueda descontar."
Vice Mayor Plummer: Show a unanimous ballot.
Mr. Odio: "Ya se to aprobaron unanimamente."
Vice Mayor Plummer: OK.
1
69 October 26, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-740
A RESOLUTION RELATED TO THE EL MERENGON CON SALSA FESTIVAL TO
BE CONDUCTED BY THE DOMINICAN FOUNDATION ON NOVEMBER 5, 1995;
WAIVING ALL WAIVABLE FEES FOR USE OF COMSTOCK PARK AS
PERMITTED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
SAID AUTHORIZATION SUBJECT TO THE ORGANIZERS PAYING FOR ALL
OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT AND OBTAINING ALL NECESSARY
PERMITS AND INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, emitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Mr. Barros: "Muchas gracias."
--------------------------------------------------------------------------------------------- --- - -
26. APPROVE PLANS FOR A UNIQUE LANDMARK STRUCTURE (PROJECT
"M") AT RIVERWALK METROMOVER STATION -- PRESENTED BY
VIVIAN RODRIGUEZ, EXECUTIVE DIRECTOR, METRO-DADE ART IN
PUBLIC PLACES.
Vice Mayor Plummer: OK. The next item... The next item is 29. Vivian Rodriguez. ;Is Vivian
Rodriguez present?
Mr. Cesar Odio (City Manager): I... They were here...
Vice Mayor Plummer: Where is Vivian Rodriguez? Is she here?
�A
t
Mr. Odio: She's right here. She works for the...:
i
Vice Mayor Plummer: Oh, yes, that's the big "M". i
Ms. Vivian Rodriguez: That's right.
Mr. Odio: I will... I have met with them, and we support this project.
Vice Mayor Plummer: All right. Is there any objection on the big "M"?
Commissioner Gort: Move it.
Vice Mayor Plummer: All right. Moved by Gort, seconded by Dawkins. Any opposition?
Thank you. A unanimous ballot.
Ms. Rodriguez: Thank you.
Vice Mayor Plummer: Vivian, you did a tremendous presentation.
Ms. Rodriguez: Thank you. I appreciate that.
Vice Mayor Plummer: As always.
Ms. Rodriguez: Thank you. Thank you, Vice Mayor.
Vice Mayor Plummer: Yes. If you had spoken any more, we'd have denied it. And would you
please call Dawn Marie and tell her I did what she said? Yes, that's fine. You're in serious
trouble when you get lobbied by your children.
Commissioner Dawkins: Oh, you have women... He got somebody in his house telling us...
Come on, now.
Vice Mayor Plummer: Yeah, yeah. You got Betty, he's got Tammy, and I got Dawn Marie.
71` October 26, 1995
The following resolution was introduced by Commissioner Gort, who mewed its adoption:
RESOLUTION NO. 95-741
A RESOLUTION ENDORSING THE PLANS FOR "PROJECT 'M'", A UNIQUE
LANDMARK STRUCTURE PLANNED BY THE METRO-DADE ART IN PUBLIC
PLACES TRUST FOR THE RIVERWALK STATION OF THE METROMOVER
SYSTEM.
(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
NAYS:
ABSENT:
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
None.
Mayor Stephen P. Clark
Commissioner Victor De Yurre
----------------- ----------------------------------------------------------------------------------------------
27. GRANT REQUEST FROM CENTRAL SHOPPING PLAZA MERCHANTS
ASSOCIATION FOR A CLASS I SPECIAL PERMIT IN CONNECTION WITH
ITS HOSTING OF AMUSEMENT RIDES (OCTOBER 27-NOVEMBER 5,
1995).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: All right. Central Shopping Center. Representatives from Central
Shopping Plaza, who are the representatives? Are they here? To address the Commission
regarding approval to host amusement rides as promotional events October 27th through
November the 5. Are they here?
Commissioner Gort: My understanding is it's been done every year. I don't have any problem
moving it.
72 October 26, 1995
r
Vice Mayor Plummer: OK. Where is it going to be?
Commissioner Dawkins: You say you`re moving it, Willy? E
Commissioner Gort: Yes, sir.
Commissioner Dawkins: Second.
Vice Mayor Plummer: OK. Any opposition? Shawn unanimous ballot.
A. Quinn Jones, III, Esq. (City Attorney): Excuse me. Was that a motion to give them the class
one special permit?
Vice Mayor Plummer: Yes, for the clearance, yes.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-742
A RESOLUTION GRANTING A PERMIT TO HOLD A TEMPORARY EVENT
INCLUDING MECHANICAL RIDES, SPONSORED BY THE CENTRAL SHOPPING
PLAZA MERCHANTS ASSOCIATION, ON MONDAY, TUESDAY AND
WEDNESDAY, OCTOBER 30 THROUGH NOVEMBER 1, 1995, FOR THE
PROPERTY LOCATED AT 700 NORTHWEST 37 AVENUE, MIAMI, FLORIDA,
PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ARTICLE 9, SECTION 906.9, GENERAL AND SUPPLEMENTARY
REGULATIONS, ACCESSORY USES AND STRUCTURES, TEMPORARY
SPECIAL EVENTS, SPECIAL PERMITS.
(Here follows body of resolution, emitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr``
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Stephen P. Clark
73 October 26, 1995
0
---------------••------------------------------------------------------------------------------------------------
28. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES /
APPROPRIATIONS FOR SPECIAL REVENUE FUND: COPS AHEAD --
AUTHORIZE MANAGER TO ACCEPT GRANT FROM U.S. DEPARTMENT
OF JUSTICE ($450,000) -- EXECUTE DOCUMENTS.
------------------------------------------------------------..---------------------------------------------------
Vice Mayor Plummer: All right. Item 30, establishing initial resource...
Commissioner Dawkins: Move it. Wait, we need... Where's Victor?
Vice Mayor Plummer: For the fund entitled "Cops Ahead."
Commissioner Dawkins: Hold it. We need Victor. You need a four -fifths vote, Mr. Manager.
Vice Mayer Plummer: Victor? All right. How about... No, I can't do 31, either.
A. Quinn Jones, III, Esq. (City Attorney): He's here. He's here.
Vice Mayor Plummer: Can't do 32. Hold on.
Commissioner Gort: I think this is him.
Mr. Jones: He's here, Commissioner.
Commissioner Dawkins: Can't do 31, 32, or 33. You can't do any of these without...
Vice Mayor Plummer: Is Victor back? OK.
Commissioner Dawkins: Here he is.
Mr. Odio: Let me say that this...
Vice Mayor Plummer: Thirty has already been moved by Dawkins, seconded by Gort. It is an
ordinance. Read the ordinance. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING INITIAL RESOURCES AND
INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED:
"COPS AHEAD"; AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, IN THE AMOUNT OF
$450,000, AND TO EXECUTE ANY DOCUMENTS NECESSARY, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, SAID GRANT TO PROVIDE
FUNDING FOR SALARIES AND BENEFITS FOR SIX NEW POLICE
OFFICERS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Dawkins 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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Whereupon the Commission on motion of Commissioner Dawkins 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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11316.
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 AFTER ROLL CALL:
Vice Mayor Plummer: For the record, Mr. Manager, justify the emergency.
Mr. Odio: The item is being presented as an emergency on the grounds of urgent public need for
the preservation of peace, health, safety and property of the City of Miami by curtailing narcotics
trafficking.
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29. EMERGENCY ORDINANCE: AMEND 10021, WHICH ESTABLISHED
INITIAL RESOURCES / APPROPRIATIONS FOR LAW ENFORCEMENT
TRUST FUND (LETF) -- TO PROVIDE FOR INCREASE IN FUND
($504,303.68), DUE TO SUCCESSFUL FORFEITURE ACTIONS.
Vice Mayor Plummer: Item 31, likewise an emergency ordinance, requiring four -fifths vote to
declare the emergency.
Commissioner Gort: Move it.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Justify the emergency for 31.
Mr. Cesar Odio (City Manager): This item is being presented on an emergency basis in order to
ensure that funds are available for the payment of expenses of projects now being considered for
Commission approval...
Vice Mayor Plummer: Call the roll.
Mr. Odio: ... which will be brought before the Commission in the near future.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW
ENFORCEMENT TRUST FUND, TO PROVIDE FOR AN INCREASE IN THE
AMOUNT OF $504,303.68 TO SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Gort and seconded by Commissioner Dawkins, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
76 October 26, 1995
IAI*N PAS
Whereupon the Commission on motion of Commissioner Gort and seconded by
Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11317.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
30. EMERGENCY ORDINANCE: AMEND 11205 (CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE) -- INCREASE APPROPRIATIONS FOR
PROJECT: MIAMI RIVERSIDE CENTER ACQUISITION (311045) --
APPROPRIATE $93,752 FROM SPECIAL OBLIGATION BONDS, SERIES
1995.
----------------------------------------------------------------------------------------------------------------
Viee Mayor Plummer: Item 32, an emergency ordinance requiring four -fifths vote.
Commissioner Gort: Move it.
Vice Mayor Plummer: The capital improvements appropriation ordinance by increasing the
appropriations by the amount of ninety-three thousand seven hundred and fifty-two. Call...
Commissioner Dawkins: Second. Second.
Vice Mayor Plummer: Seconded by Dawkins. Read the ordinance. Justify the emergency.
Mr. Cesar Odio (City Manager): This item is being presented as an emergency due to the need
to expedite the move of City offices to the new location without interruption to municipal
services.
Vice Mayor Plummer: Call the roll.
October 26, 1995
'r
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 11205, ADOPTED NOVEMBER 17, 1994, AS AMENDED, THE CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY INCREASING
APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT PROJECT
ENTITLED: "MIAMI RIVERSIDE CENTER ACQUISITION," PROJECT NO.
311045, IN THE AMOUNT OF $93,752; APPROPRIATING FUNDS IN SAID
AMOUNT FOR SAID PROJECT FROM SPECIAL OBLIGATION BONDS,
SERIES 1995; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Gort and seconded by Commissioner Dawkins, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Whereupon the Commission on motion of Commissioner Gort and seconded by
Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11318.
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.
October 26, 1995
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31. DISCUSS AND DEFER (TO NEXT MEETING) CONSIDERATION OF
PROPOSED EMERGENCY ORDINANCE TO AMEND CODE SECTION 35-
115, ARTICLE VI (REVOCATION OF LICENSE FOR VIOLATIONS) -- TO
INCLUDE NEW SECTION 35-117 (TEMPORARY USE FOR SPECIAL
EVENTS) -- TO REQUIRE PARKING LOT OPERATORS TO PROVIDE
UNIFORMED SECURITY GUARDS FOR SPECIAL EVENTS AND OFF -
DUTY POLICE OFFICERS, AS UNIFORMED SECURITY, FOR LOTS WITH
CAPACITY FOR 125 OR MORE VEHICLES.
----------------------------••-----------------------------------------------------------------------------------
Vice Mayor Plummer: Item 33, an emergency ordinance requiring four -fifths votes. Revocation
of license for violations and temporary use for special events, require parking lot operators to
provide same.
Mr. Cesar Odio (City Manager): Let me clarify. This will ensure that Police Department
officers are hired in private lots around the Arena. We cannot afford to do that, but we are
requiring that they, the private lot operators, must have police officers.
Commissioner Dawkins: Mr. Manager...
A. Quinn Jones, III, Esq. (City Attorney): Yeah, I know.
Commissioner Dawkins: Mr. Mayor - Mr. Vice Mayor.
Vice Mayor Plummer: Yes, sir, Dawkins.
Commissioner Dawkins: I move this with the amendment that they have to provide two uniform
officers. One is not sufficient, and I'll tell you why. You have many homeless people, Mr.
Manager, who... People are afraid to walk through there. If we had two uniform officers at each
parking lot, plus they... And when it's over, Mr. Manager, they could come outside and help
with the directing of the traffic and what have you.
Mr. Odio: Mav I do this, Commissioner? And there were negotiations that went on, and we are
saving...
Commissioner Dawkins: Mr. Manager, they use those lots because of our generosity. And if
they are not generous... OK, I'll tell you what. I defer this until the next meeting, when the
Manager can come to me and tell me he either worked out two officers or no officers.
Mr. Odio: The thing is, if we don't provide the off... then the City has to pay for officers,
somehow.
Commissioner Dawkins: Well, we'll pay for it until you get... Well, then, we don't let them use
it. Well, the City runs the lot, then.
Mr. Odio: Can you...
Commissioner Dawkins: You... Mr. Manager, hold it.
Mr. Odio: Can you pass this, and I'll try to bring it back for the other...
79 October 26, 1995
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Commissioner Dawkins: No, no, no. No. i
Vice Mayor Plummer: All right. What do you want, Commissioner Dawkins?
i
Commissioner Dawkins: I want to either...
Commissioner Gort: He wants an additional officer.
Commissioner Dawkins: Either pass this with my motion that they give us two people, and if...
Vice Mayor Plummer: Or?
Commissioner Dawkins: ... and if they don't want that, it's done.
Mr. Odio: Can I offer that you pass it on first motion... i
Commissioner Dawkins: No, sir.
Mr. Odio: First...
Commissioner Dawkins: No, sir.
Mr. Odio: First reading.
Commissioner Dawkins: No, sir.
Mr. Odio: And I have to make...
Commissioner Dawkins: I move that this be deferred.
Commissioner Gort: Just pass it on first. It's got to come back.
Commissioner Dawkins: No. Hey, but... No, no, no. See...
Vice Mayor Plummer: Wait, wait. Please.
Commissioner Dawkins: No. I move to defer.
Vice Mayor Plummer: Commissioner Dawkins has the floor.
Commissioner Dawkins: I move to defer.
Vice Mayor Plummer: He moves to defer. Is there a second? I'll second the motion.
Commissioner Gort: We always have the courtesy to defer, yes.
Vice Mayor Plummer: OK. Always.
Commissioner Gort: I'll second.
Vice Mayor Plummer: OK, one reading. OK, the motion is deferred until the next meeting.
OK?
80 October 26, 1995
Commissioner Dawkins: And come back with two officers or none.
Vice Mayor Plummer: Commissioner Dawkins, I might just give you one food for thought.
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: I would agree to two officers, if it is not fenced. If it is fenced, I think
one is adequate. But that's my personal opinion.
Commissioner Dawkins: But everything over there is fenced...
Vice Mayor Plummer: If it's fenced...
Commissioner Dawkins: ... so you're not saying anything, J.L.
Vice Mayor Plummer: Well, I think we're talking about more than the Arena, aren't we? This is
Citywide, yeah. OK? Hey, it's deferred.
Commissioner Dawkins: It says special events.
Mr. Odio: It's Citywide, sir.
Vice Mayor Plummer: It's deferred.
Commissioner Dawkins: OK.
NOTE FOR THE RECORD: At this point, agenda item 33 was
aeferred until the City ommission meeting of November 16,
1995.
---------------------------------------------------------- -----------------------------------------------------
32. FIRST READING ORDINANCE: AMEND CODE CHAPTER 30, ARTICLE
III, DIVISION 2, WHICH SETS FORTH RATES / CHARGES FOR CITY
GOLF COURSES -- ADD NEW SECTION 30-57 EXEMPTING THOSE CITY
GOLF COURSE FACILITIES OPERATED / MANAGED BY PRIVATE
PARTIES PURSUANT TO AGREEMENTS HAVING TERMS OF 20 YEARS
OR MORE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 33-A, right? Thirty -three -A is the next item. The article sets forth
the rate charged for City golf courses.
Commissioner Dawkins: I think that this... the Mayor is interested in this, and I got a lot of
questions. If it's not objectable, I would move to defer this until the Mayor is here, when I ask
my questions, and he could refer to them.
Mr. Cesar Odio (City Manager): This item, Commissioner, is not related directly to the
Me.lreese. It's to amend the Chapter 30, which sets the stage on how to charge for City golf
courses, fees.
81 October 26, 1995
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Commissioner Dawkins: OK.
A. Quinn Jones, III, Esq. (City Attorney): Well, let me.., let me...
Mr. Odio: And we need to do this structuring so that we can...
Mr. Jones: Commissioner, let me suggest... Let me suggest...
Commissioner Dawkins: Let me say this to you, Mr. Manager. Number one...
Vice Mayor Plummer: Commissioner...
Commissioner Dawkins: Go ahead.
Vice Mayor Plummer: You know, I would appreciate one person. Commissioner Dawkins has
the floor, and when the others are finished, then we'll talk. Commissioner Dawkins.
Commissioner Dawkins: I yield to the City Attorney.
Mr. Jones: Thank you, Commissioner.
Vice Mayor Plummer: Mr. City Attorney
Mr. Jones: Commissioner, may I respectfully suggest to you that unless you pass or are inclined
to pass - what is it, 50? Is it 54? Unless you are inclined to pass 54, then to pass 33-A would be
a nullity, because this basically ties into that.
Commissioner Dawkins: And they do this every day. And I know that, too, and I plan to defer
that, also, if I can. OK. I know it's all tied in together.
Vice Mayor Plummer: All right, where are we.
Commissioner Dawkins: And everybody up here understands that.
Commissioner De Yurre: Miller, how about if we just pass it on first reading, instead of an
emergency? Then the Mayor can pass it when he's back here at the next meeting.
Commissioner Dawkins: OK, all right.
Commissioner De Yurre: Yeah.
Commissioner Dawkins: Go ahead. Then I'll ask my questions...
Vice Mayor Plummer: Item 33-A now is no longer an emergency item. It is a first reading
and...
Commissioner Dawkins: And you don't need but three votes. Now, I'll ask my question now,
and I'll be finished with that.
Vice Mayor Plummer: All right. You have a question, sir.
Commissioner Dawkins: OK. Mr. Manager.
82
October 26, 1995
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Vice Mayor Plummer: All right.
Commissioner Dawkins: I don't need the first one, because this is no longer an emergency. But
I didn't understand why it was an emergency, but now, it's no longer an emergency. Now, when
did we have public input on this item?
Mr. Odio: Are we talking about 54?
Commissioner Dawkins: I'm talking about the whole... 50... I'm talking about 53 and 54.
Vice Mayor Plummer: No, it's... We on...
Mr. Odio: We actually advertised for 54. We had a... We had... We went through the RFQ
(Request for Qualifications) process.
Commissioner Dawkins: All right. Who... Well, who... In the future, tell me how the rates will
be set forth, and charges for the City golf course, and who has that decision.
Mr. Odio: That decision will be up to the private management company.
Commissioner Dawkins: So therefore, we're giving him... giving him the land, the right to
operate and make all the money, and the City gets nothing back. That's number two.
Mr. Odio: But it's subject to...
Commissioner Dawkins: All right. Now, who approves the fees in the future? And you just
said the private people.
Mr. Odio: They will... They will set the fees with the...
Commissioner Dawkins: All right. Will the Management offer the same golfing privileges to
the senior citizens, City employees and et cetera, that are offered now?
Mr. Odio: Yes. Yes.
Commissioner Dawkins: Where is that? Where is that written?
Mr. Odio: It will be in the contract that they have to do that.
Commissioner Dawkins: No, it should be in the contract now. See, you don't... You shouldn't
bring me something that isn't...
Mr. Odio: It is in the contract, Commissioner.
Commissioner Dawkins: OK.
Mr. Odio: We discussed... I'm sorry, it was a semantical...
Commissioner Dawkins: All right, go ahead. I'm through with my questions till you get to 54.
Go ahead.
Vice Mayor Plummer: OK. Item 33-A on first reading. Read the ordinance. Call the roll on
first reading.
1
83 October 26, 1995
Mr. Walter Foeman (City Clerk): I need a seconder.
Commissioner Gort: Second.
Vice Mayor Plummer: Seconded by De Yurre. Who second... Who moved it?
Commissioner Gort: I seconded it.
Mr. Foeman: Commissioner De Yurre.
Vice Mayor Plummer: De Yurre moved it. Gort seconds.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 30, ARTICLE III, DIVISION 2, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH SETS
FORTH THE RATES AND CHARGES FOR CITY GOLF COURSES, THEREBY
ADDING NEW SECTION 30-57 EXEMPTING THOSE CITY GOLF COURSE
FACILITIES OPERATED AND MANAGED BY PRIVATE PARTIES PURSUANT
TO AGREEMENTS HAVING TERMS OF TWENTY YEARS OR MORE;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner De Yurre, 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
Vice Mayor J.L. Plummer, Jr.
NAYS: Commissioner Miller J. Dawkins
ABSENT: Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
October 26, 1995
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-- --------------------------------------------------------------------------------------------------------------
33. SECOND READING ORDINANCE: AMEND CODE CHAPTER 54
(STREETS AND SIDEWALKS) BY AMENDING SECTION 54-104
(NONSTANDARD STREET WIDTHS) -- MODIFY WIDTH OF N.W. 1
STREET BETWEEN NORTH MIAMI AVENUE AND N.W. I AVENUE.
--------------------------------------------------------------------------------•--------------------------------
Vice Mayor Plummer: Item 34. The street and sidewalk widths, amending Section 54-104. It
was moved before by Dawkins and seconded by Gort. It's an ordinance. Please read the
ordinance.
Commissioner De Yurre: Move it.
Commissioner Gort: I move it - second.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "STREETS AND SIDEWALKS"
BY AMENDING SECTION 54-104 ENTITLED: "NONSTANDARD STREET
WIDTHS," BY MODIFYING THE WIDTHS OF A CERTAIN STREET;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of September 14, 1995, was taken up
for its second and final reading, by title, and adoption. On motion of Commissioner De
Yurre, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
None.
ABSENT: Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11319.
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.
85 October 26, 1995
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34. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE
FUND: SAFE HAVEN'S GRANT FOR OUTREACH TO MENTALLY ILL
INDIVIDUALS -- APPROPRIATE $72,5.50, CONSISTING OF A GRANT
FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) THROUGH NORTH WEST DADE MENTAL HEALTH CENTER --
AUTHORIZE MANAGER TO ACCEPT SAID GRANT AWARD AND TO
EXECUTE NECESSARY DOCUMENTS.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Item 35.
Commissioner Dawkins: Move it.
Commissioner Gort: It's been moved. Is there a second? Anybody want to discuss item 35?
Being none, call the question.
Commissioner Dawkins: De Yurre seconds. Go ahead.
Commissioner Gort: Show it unanimous. Item 36.
Mr. Walter Foeman (City Clerk): It's an ordinance.
Commissioner Dawkins: Thirty-five, call the roll.
Commissioner Gort: Thirty-five.
Mr. Foeman: Thirty-five is an ordinance.
Commissioner Dawkins: Read the ordinance.
Commissioner Gort: OIL. Anyone in opposition? Being none, all in favor, state by saying
11aye
.11
Commissioner Dawkins: Hello.
Commissioner Gort: Go ahead. Go right ahead.
1 4
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An Ordinance entitled -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"SAFE HAVEN'S GRANT FOR OUTREACH TO MENTALLY ILL INDIVIDUALS"
AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
AMOUNT OF $72,550 CONSISTING OF A GRANT FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("USI-IUD")
THROUGH NORTH WEST DADE MENTAL HEALTH CENTER; AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM USHUD AND
TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of September 14. 1995, was taken up
for its second and final reading, by title, and adoption. On motion of Commissioner
Dawkins, seconded by Commissioner De Yurre, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
NAYS: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11320.
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.
----------------------------------------------------------------------------------------------------------------
35. SECOND READING ORDINANCE: ESTABLISH TWO NEW SPECIAL
REVENUE FUNDS: (1) GOOMBAY PLAZA HUD SECTION 108. AND (2)
GOOMBAY PLAZA ECONOMIC DEVELOPMENT INITIATIVE GRANT --
APPROPRIATE $2,000,000 AND $300,000, RESPECTIVELY -- AS
APPROVED BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- TOTAL CDBG APPROPRIATION: $2,300,000.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Move 36.
Commissioner Gort: You want to read it?
A. Quinn Jones, III, Esq. (City Attorney): You need to move and second it. 'There's no second.
Commissioner Gort: De Yurre seconds.
Commissioner Dawkins: De Yurre seconds.
87 October 26, 1995
Mr. Jones: OK.
Commissioner Gort: Thank you. Call the question.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING TWO (2) NEW SPECIAL REVENUE FUNDS
UNDER THE TWO TITLES LISTED BELOW AND APPROPRIATING FUNDS FOR
THE OPERATION OF EACH OF THE TWO (2) NEW SPECIAL REVENUE FUNDS
IN THE AMOUNTS AS FOLLOWS: GOOMBAY PLAZA HUD SECTION 108,
$2,000,000.00, GOOMBAY PLAZA ECONOMIC DEVELOPMENT INITIATIVE
GRANT, $300,000.00 AS APPROVED BY THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR A TOTAL CDBG
APPROPRIATION OF $2,300,000.00; CONTAINING A REPEALER PROVISION
AND A SEVE.RABILiTY CLAUSE.
passed on its first reading, by title, at the meeting; of September 28, 1995, was taken up
for its second and final reading, by title, and adoption. On motion of Commissioner
Dawkins, seconded by Commissioner De Yurre, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
NAYS: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11321.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
36. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: "SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY
'96)" -- APPROPRIATE $456,781 FOR DEVELOPMENT AND
IMPLEMENTATION.
Commissioner Gort: Thirty-seven. Recycling Education Ordinance, fiscal year '96.
Commissioner Dawkins: Move it.
Commissioner Gort: It's been moved by Dawkins, seconded by De Yurre.
Commissioner Dawkins: Read the ordinance.
A. Quinn Jones, III, Esq. (City Attorney): I'm sorry, what number?
88 October 26, 1995
Commissioner Dawkins: Thirty-seven.
Commissioner Gort: Thirty-seven.
Vice Mayer Plummer: Any further discussion on item 37? Call the roll.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY
'96)"; APPROPRIATING FUNDS FOR THE DEVELOPMENT AND
IMPLEMENTATION OF SAME, IN THE AMOUNT OF $456,781.00, CONSISTING
OF A RECYCLING PROGRAM GRANT FROM THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION: CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Dawkins, seconded by Commissioner De Yurre, 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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
-- -- --- --- --- ----------------------
37. FIRST READING ORDINANCE: REVOKE CITY COMMISSION ACTION
WHICH ABOLISHED THE BAYSIDE MINORITY FOUNDATION -- AMEND
ORDINANCE 11130.
Vice Mayor Plummer: All right. You've done 36 and 35, Commissioner Gort?
Commissioner Gort: Yes. Thirty-eight now.
Commissioner Dawkins: Have the City Attorney explain 38 to us, please, why this is necessary.
Vice Mayor Plummer: City Attorney, explain 38, please.
A. Quinn Jones, II1, Esq. (City Attorney): You remember, or you may remember when we were
going through and putting together - which we did put together - an ordinance that came before
you, deleting those committees, or boards, or whatever, that were basically recommended as
ineffective, or whatever else. The Bayside Minority Foundation, by oversight, was eliminated.
This particular Bayside Minority Foundation was set up by the Rouse Company. It was not set
up by legislation of this particular body. Therefore, you didn't create it, so you don't have the
89 October 26, 1995
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ability to do away with it. So what we're doing, basically, is.., is bringing this ordinance to you,
to place it back into that particular position enjoyed before...
Vice Mayor Plummer: Is there a motion?
Commissioner Gort: Dawkins.
Vice Mayor Plummer: Dawkins moves it. Seconded by Gort. Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), REVOKING THE CITY
COMMISSION ACTION WHICH ABOLISHED THE BAYSIDE MINORITY
FOUNDATION; MORE PARTICULARLY BY AMENDING SECTION 2 OF
ORDINANCE NO. 11130, ADOPTED MARCH 24, 1994 TO EFFECTUATE SAID
PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
38. ACCEPT SPECIAL WARRANTY DEED FROM: (1) FL,ORIDA POWER AND
LIGHT COMPANY (FP&L), CONVEYING TO THE CITY TRACT 2 OF THE
RIVERSIDE PLAZA PROPERTY, AND (2) ALANDCO, INC. CONVEYING
TO THE CITY TRACT 1 OF THE RIVERSIDE PLAZA PROPERTY --
RATIFY GRANT OF EASEMENT TO FLORIDA POWER & LIGHT
COMPANY.
----------------------------- ----------------------------------------------------------------------------------
Vice Mayor Plummer: Thirty-nine and 40 are both withdrawn. We're now on 41.
Mr. Cesar Odio (City Manager): This is just a... It's giving them an easement, FP&L (Florida
Power and Light) to our tract, to be able to put...
Vice Mayor Plummer: Moved by Gort. Seconded by Dawkins. Any discussion? Show a
unanimous vote.
90 October 26, 1995
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The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-743
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE SPECIAL
WARRANTY DEED FROM FLORIDA POWER AND LIGHT COMPANY DATED
OCTOBER 16, 1995 CONVEYING TO THE CITY OF MIAMI TRACT 2 OF THE
RIVERSIDE PLAZA PROPERTY AND THE SPECIAL WARRANTY DEED FROM
ALANDCO, INC., CONVEYING TO THE CITY OF MIAMI TRACT 1 OF THE.
RIVERSIDE PLAZA PROPERTY PROPERTIES, AS BOTH PROPERTIES ARE
MORE PARTICULARLY DESCRIBED IN SAID DEEDS AND HEREIN;
APPROVING AND RATIFYING THE ATTACHED GRANT OF EASEMENT TO
FLORIDA POWER & LIGHT COMPANY, EXECUTED BY THE CITY MANAGER
IN CONNECTION WITH THE ACQUISITION OF SAID PROPERTIES.
(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
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Commissioner Miller J. Dawkins
---------------------------------------------------------------------------------------------------------------
39. AUTHORIZE CITY ATTORNEY'S ENGAGEMENT OF LEIBOWITZ &
ASSOCIATES, P.A. -- TO PROVIDE ADVICE, ANALYSIS, COUNSEL, AND
OTHER RELATED SERVICES REGARDING CITY OF MIAMI'S EXISTING
CABLE TELEVISION LICENSE AGREEMENT AND CONSIDERATION OF
A FRANCHISE RENEWAL -- ALLOCATE $100,000.
Vice Mayor Plummer: Item 42, Department of Law. Authorize the City Attorney... engagement
of the Law Firm of Liebowitz and Associates.
Mr. Cesar Odio (City Manager): And we need this bad. We are in the TCI
(Telecommunications, Incorporated) cable contract negotiation, and he is an expert in that field.
Vice Mayor Plummer: OK. The City Attorney recommends it. Gort moves it. Dawkins
seconds it. Any further discussion on 42? Show a unanimous ballot. ;
91 October 26, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-744
A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S ENGAGEMENT OF
THE LAW FIRM OF LEIBOWITZ & ASSOCIATES, P.A., TO PROVIDE ADVICE,
ANALYSIS, COUNSEL AND OTHER RELATED SERVICES REGARDING THE
CITY OF MIAMI'S EXISTING CABLE TELEVISION LICENSE AGREEMENT AND
CONSIDERATION OF A FRANCHISE RENEWAL; FURTHER ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $100,000.00, FROM THE
SPECIAL PROGRAMS AND ACCOUNTS FUNDS FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
40. ACCEPT BID: ANTHONY ABRAHAM CHEVROLET -- FOR ACQUISITION
OF EXTENDED VEHICLE WARRANTIES FOR: (1) 160 1995 CHEVROLET
CAPRICE POLICE PURSUIT VEHICLES, AND (2) 100 1995 CHEVROLET
CAVALIER AUTOMOBILES -- FOR DEPARTMENT OF GENERAL,
SERVICES ADMINISTRATION / SOLID WASTE -- ALLOCATE $488,300.
Commissioner Dawkins: Under 43.
Vice Mayor Plummer: Under 43. A resolution of Anthony Abraham Chevrolet.
Mr. Cesar Odio (City Manager): Oh, yes.
Commissioner Dawkins: Why... A hundred Chevrolet Cavaliers, what are we buying them for?
Mr. Odio: No, no, sir. Let me... Let me explain what we're doing here. What we're doing...
For five hundred dollars ($500) a year, we're getting full maintenance on the police cars that we
bought. Therefore, any time something is wrong with those cars, for five hundred dollars ($500)
a year, they're fully covered. And a brake job only, with the way they drive, will cost you more
than that at any time. So this is very... And we're going to do that from now on. It's a
maintenance contract, practically, for five hundred dollars ($500) a year, per vehicle.
92 October 26, 1995
!`+
Vice Mayor Plummer: That wasn't his question.
Commissioner Dawkins: What are we buying 100 1995 Chevrolet Cavaliers in 1996? Why?
Mr. Odio: We are not buying. We bought them already, Commissioner. All we're doing here is
having an extended warranty.
Commissioner Dawkins: Oh, no problem, no prob... Doing what, now?
Mr. Odio: What we're doing is a maintenance contract.
Vice Mayor Plummer: Moved by Dawkins. Seconded by...
Commissioner Dawkins: Wait a minute, hold it. No, wait a minute. No.
Mr. Odio: We are doing...
Commissioner Dawkins: You see, it says here, Mr. Manager - I'm just going by what I see, now,
and if you're correcting it, I don't have a problem with it. Accepting the bid for the acquisition
of extended warranty on vehicle warranty for 100 vehicles. This is to do this. Now, you're
telling me it's already done.
Mr. Odio: No, no, no. I'm coming here to ask you to allow me to do this. I'm asking you to
allow me to extend the warranty so that we don't have to maintain the pursuit vehicles and the
Cavaliers. This way, we'll have very... Any time something is wrong, they can take it to the
dealer.
Commissioner Dawkins: Half a million dollars, a half a million dollars. OK.
Vice Mayor Plummer: Any further discussion? Moved by Dawkins. Seconded by Gort.
Anyone wish to speak on the issue? Show a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-745
A RESOLUTION ACCEPTING THE BID OF ANTHONY ABRAHAM CHEVROLET
FOR THE ACQUISITION OF EXTENDED VEHICLE WARRANTIES FOR ONE
HUNDRED SIXTY (160) 1995 CHEVROLET CAPRICE POLICE PURSUIT
VEHICLES AND ONE HUNDRED (100) 1995 CHEVROLET CAVALIER
AUTOMOBILES FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/SOLID WASTE, AT A PROPOSED AMOUNT OF $488,300.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 420901-670,
PROJECT NO. 509000; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
93 October 26, 1995
i
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
------------------ ---------------'--------------------------------------------------------------------------
41. AUTHORIZE PURCHASE OF GASOLINE AND DIESEL FUEL FROM 9
VENDORS (AWARDED UNDER DADE COUNTY CONTRACT NO. 3143-
0/98) ON A SPOT MARKET BASIS -- FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION / SOLID WASTE -- ALLOCATE $1,225,000.
----------------- ----------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 44, gasoline and diesel in the amount of one million two hundred
twenty-five thousand dollars ($1,225,000). Anyone wishing to discuss item 44? Moved by
Gort. Seconded by Dawkins.
Commissioner Gort: Question.
Vice Mayor Plummer: Question by Gort.
Commissioner Gort: Is this the annual expenditure on the gas?
Mr. Ron Williams (Assistant City Manager): Yes, it is, Commissioner. f
Commissioner Gort: OK.
Vice Mayor Plummer: Anyone wishing to object? Show no. A unanimous ballot.
r
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 9.5-746
A RESOLUTION AUTHORIZING THE PURCHASE OF GASOLINE AND DIESEL
FUEL FROM NINE (9) VENDORS AWARDED UNDER EXISTING DADE COUNTY
CONTRACT NUMBER 3143-0/98 ON A SPOT MARKET BASIS, FOR THE
DEPARTMENT OF GENERAL, SERVICES ADMINISTRATION/SOLID WASTE,
FOR AN ESTIMATED AMOUNT OF $1,225,000.00, FOR A PERIOD OF ONE (1)
YEAR, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS, AT THE SAME PRICE, TERMS AND CONDITIONS;
ALLOCATING FUNDS 'THEREFOR FROM ACCOUNT CODE NO. 420901-715;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
PURCHASES, 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.
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
--------------------------------------------------------------- ------------------------------------------
42. APPROVE PURCHASE OF AUTOMOTIVE PARTS AND ACCESSORIES
FROM 22 VENDORS AWARDED BIDS (UNDER DADE COUNTY
CONTRACT NO. 1070-2/96) -- FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION / SOLID WASTE, AND FIRE -RESCUE --
ALLOCATE $1,000,000.
Vice Mayor Plummer: Item 45. What is this? Purchase of automobile parts and accessories
from 22 vendors under whatever bid here for a million dollars a year. Is there anyone wishing to
speak on item 45? Are there any questions of the Commission?
Commissioner Gort: Question.
Vice Mayor Plummer: Question by Gort.
Commissioner Gort: Is this like a line item?
Vice Mayor Plummer: It's every year.
95 October 26, 1995
Mr. Ron Williams (Assistant City Manager): Yes. It is automotive parts.
Commissioner Gort: Every year we do the same thing, and this is to buy the different parts. .It
doesn't mean...
Mr. Williams: Yes, sir. We've just combined the process in trying to expedite it,
Commissioner.
Commissioner Gort: Thank you.
Vice Mayor Plummer: Moved by Gort, seconded by Dawkins. Anyone wishing to discuss item
45? No discussion of that - or the Commission. Show a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-747
A RESOLUTION APPROVING THE PURCHASE OF AUTOMOTIVE PARTS AND
ACCESSORIES FROM THE TWENTY-TWO VENDORS AWARDED BIDS UNDER
EXISTING DADE COUNTY CONTRACT NO. 1070-2/96 FOR THE DEPARTMENTS
OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE AND FIRE -
RESCUE, FOR A PERIOD OF ONE YEAR, FOR AN ESTIMATED AMOUNT OF
$1,000,000.00, WITH THE OPTION TO EXTEND SAID CONTRACT FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICE, TERMS AND
CONDITIONS; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE
NUMBERS 420901-702, 280701-702, 280601-702; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR SAID ACQUISITION, 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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
96 October 26, 1995
------------------------------------------------------ ------..-----------------------------------------------.---
43. ACCEPT BID: TAMIAMI AUTOMOTIVE GROUP -- FOR FURNISHING 13
UTILITY VEHICLES FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION / SOLID WASTE -- ALLOCATE $229,840.
Vice Mayor Plummer: Forty-six is the bid of Tamiami Automotive Group for furnishing of 13
utility vehicles at two hundred twenty-nine thousand eight hundred and forty dollars ($229,840).
Commissioner Dawkins: What will they be used for?
Vice Mayor Plummer: What will they be used for?
Mr. Cesar Odio (City Manager): They will driven by the NET (Neighborhood Enhancement
Team) Administrators to be able to function within their NET districts, and they are working day
and night, and using their own vehicles, and in case... And we discovered this during Hurricane
Erin, and before that, on Andrew, Commissioner. When we need them to be out there on
emergencies, that we had no vehicles they could... could use...
Commissioner Dawkins: And what are you going to do with the Cavaliers they're driving now?
Mr. Odio: They're not driving Cavaliers now.
Commissioner Dawkins: Well, what... who... OK. The NET operators are walking.
Mr. Odio: The NET Administrators are using their own vehicles.
Commissioner Dawkins: They're walking.
Mr. Odio: They are using their own cars, sir, their own automobiles.
Commissioner Dawkins: Every NET?
Mr. Odio: Yes, sir.
Commissioner Dawkins: They don't have no... No NET Administrator's got a Cherokee.
Mr. Odio: No, sir, no, sir.
Commissioner Dawkins: Not a one?
Mr. Odio: No, sir.
Commissioner Dawkins: You want to bet?
Mr. Odio: If they have one, if they...
Mr. Ron Williams (Assistant City Manager): Unless it's their own personal...
Mr. Odio: ... if they own one.
97 October 26, 1995
Commissioner Dawkins: You want to bet?
Mr. Odio: Yes, sir. Yes, I do.
Mr. Williams: They're not City provided.
Vice Mayor Plummer: Excuse me. Gambling in the State of Florida is illegal. I would ask you
two yo-yos not to be violating State statutes.
Commissioner Dawkins: Come on, give me a break now.
Mr. Odio: Commissioner, I'll buy you lunch if... because the problem is that if they own their
own, they're driving a Cherokee, if they own it.
Commissioner Dawkins: You know, Mr. Manager...
Commissioner Gort: They have to be able to afford it.
Commissioner Dawkins: The only problem I have is, we're spending a half a million - a quarter
of a million dollars here for vehicles. We're spending a half a million dollars here for vehicles.
A couple of months ago, we spent three million dollars ($3,000,000) for vehicles. What are we
doing with them?
Mr. Odio: The half a million dollars we're spending is to maintain the vehicles, yes, sir.
Commissioner Dawkins: Mm-hmm, OK, OK.
Mr. Odio: The certain units... These people are using their own vehicles, and destroying their
own cars. We have to pay the mileage, so this is going to be a...
Commissioner Dawkins: I have no... I would... Go ahead, Mr. Williams. I'm sorry.
Vice Mayor Plummer: Item 46.
Commissioner Dawkins: Go ahead. Through...
Mr. Williams: Commissioner, if I may add, they're utility vehicles, also, so they'll be available
for multiple use out there.
Commissioner Dawkins: Well, see, that... That, I'm against, OK? I don't, Mr. Manager, I don't
feel that if you assigned me a vehicle, that if I want the car, and Victor wants it, I got to give it to
him. I don't feel like that. OK? So if you assign a car to the NET operator, I'm just telling you,
let the NET operator be responsible for it, they will drive it carefully, and they will maintain it.
But if two of us are driving it, one of us is not going to maintain it.
Mr. Odio: I agree with you. We'll do it that way, sir.
Commissioner Dawkins: OK. OK. Thank you.
Vice Mayor Plummer: Item 46 is now moved by Dawkins. Seconded by Gort. Anyone wishing
to discuss 46 further? Hearing none, show a unanimous ballot.
98 October 26, 1995
W
0
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-748
A RESOLUTION ACCEPTING THE BID OF TAMIAMI AUTOMOTIVE GROUP
FOR THE ACQUISITION OF THIRTEEN (13) UTILITY VEHICLES FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE
FOR USE BY THE NET ADMINISTRATORS, AT A TOTAL PROPOSED AMOUNT
OF $229,840.00, ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO.
251113-840, PROJECT NO. 145001; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
---------------------------------------------------------------------------------------------------------------
44. ACCEPT BIDS: (1) ACTION LAND DEVELOPMENT, CORP., (2)
DEMOLITION MASTERS, INC., AND (3) J.R. BUILDERS, INC. -- FOR
FURNISHING DEMOLITION SERVICES FOR DEPARTMENT OF
BUILDING AND ZONING -- ALLOCATE $200,000 FROM COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) DEMOLITION FUND.
Vice Mayor Plummer: Forty-seven, accepting the bids of Action Land Development Corp., J.R.
Builders, the furnishing of demolition services for the amount not to exceed two hundred
thousand dollars ($200,000). What are they tearing down?
Mr. Cesar Odio (City Manager): These are buildings that... Go ahead.
Mr. Frank Castaneda: These are abandoned homes and so forth.
Vice Mayor Plummer: Boy, let me tell you something. You've got a lot of them to get rid of.
Moved by Gort. Seconded by Dawkins.
Commissioner Gort: Wait, I have a question.
Vice Mayor Plummer: On a question, Gort.
99 October 26, 1995
Commissioner Gort: This is the same as a lot clearing.
Mr. Castaneda: Lot clearing. We put... We demolish houses and...
Commissioner Gort: One (if the problems that we... But one of the problems that I have, every
time I go to a neighborhood, and I think every one of us face that, the unclear lots and the unsafe
structures, and we need to work with our I—aw Department to expedite the process. I've seen...
I've been in neighborhoods where it's taken years to demolish an unsafe structure. So...
Commissioner Dawkins: I got them all in Overtown, Commissioner.
Vice Mayor Plummer: No, you haven't. I wish you did but you don't.
Commissioner Gort: No, I got a few in my neighborhood.
Vice Mayor Plummer: They're all over.
Commissioner Gort: But this is something that I think staff should get together with the Law
Department, and let's discuss it and see what we can do to expedite some of this.
Vice Mayor Plummer: All right. Item 49 is moved by Gort. Seconded by Dawkins.
Commissioner Dawkins: Wait a minute. What you did with 48?
Mr. Walter Foeman (City Clerk): That's 47, Commissioner.
Mr. Castaneda: Forty-seven.
Commissioner Gort: Forty-eight, you're not going to do it?
Commissioner Dawkins: Forty-seven. We're on 47, Commissioner.
Vice Mayor Plummer: Well, wait a minute, hold on. That was 47.
Commissioner Dawkins: Yeah, 47.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Call the roll on 47.
Vice Mayor Plummer: Call the roll on 47.
100 October 26, 1995
4
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-749
A RESOLUTION ACCEPTING THE BIDS OF ACTION LAND DEVELOPMENT
CORP., DEMOLITION MASTERS, INC. AND J.R. BUILDERS, INC., FOR THE
FURNISHING OF DEMOLITION SERVICES FOR THE DEPARTMENT OF
BUILDING AND ZONING, ON AN AS -NEEDED BASIS, AT AN ESTIMATED
FIRST YEAR COST OF $200,000.00, FOR A PERIOD OF ONE (1) YEAR, WITH
THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT
THE SAME PRICE, TERMS AND CONDITIONS; ALLOCATING FUNDS
THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT
DEMOLITION FUND, ACCOUNT CODE NO. 452120-799206; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR SAID 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.
NAYS:
None.
ABSENT:
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
45. ALLOCATE UNEXPENDED 19TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS ($100,000) -- FOR RENOVATION OF THE
ALLAPATTAH Y.M.C.A. BUILDING FACILITY (PROJECT NO. 703402) AT
2370 N.W. 17 AVENUE -- EXECUTE AGREEMENT.
Vice Mayor Plummer: Item 48.
Mr. Cesar Odio (City Manager): This is the...
Commissioner Dawkins: I move it, but... I move it, and I want the people at the "Y" to
understand that it's a habit of mine, when an item on the consent agenda is over a hundred
thousand dollars, I feel that it should come back to the Commission, where if someone wants to
discuss it, they can. I have no problems with the item. I so move.
Vice Mayor Plummer: Seconded by Gort. Any further discussion? Anybody wishing to discuss
the item relating to the YMCA Allapattah, item 48? Hearing none, show a unanimous ballot.
101 October 26, 1995
�,�N
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-750
A RESOLUTION ALLOCATING UNEXPENDED 19TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $100,000.00 FOR
THE "RENOVATION OF THE ALLAPATTAH Y.M.C.A. BUILDING FACILITY
(PROJECT NO. 703402)", LOCATED AT 2370 NORTHWEST 17TH AVENUE,
MIAMI, FLORIDA: AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
ALLAPATTAH Y.M.C.A. FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------
46. ALLOCATE FUNDS FROM 1994 HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM GRANT (1) INCREASING
THE FUNDING OF ECONOMIC OPPORTUNITY FAMILY HEALTH
CENTER, INC. ($398,828) -- FOR PROVISION OF LONG TERM, TENANT
BASED RENTAL ASSISTANCE TO QUALIFIED PERSONS UNDER THE
HOPWA PROGRAM, AND (2) APPROVING THE FUNDING OF DADE
COUNTY SPECIAL HOUSING PROGRAMS DEPARTMENT ($59,000) --
FOR PROVISION OF HOUSING QUALITY STANDARDS INSPECTIONS
REQUIRED BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) UNDER SAID HOPWA PROGRAM -- EXECUTE
NECESSARY DOCUMENTS.
Vice Mayor Plummer: Forty-nine, the fam... Increase the funding of Economic Opportunity
Family Health Center. Who's...
Mr. Frank Castaneda: This is money to provide long-term assistance to people with AIDS
(Acquired Immune Deficiency Syndrome), and it's basically like... works like a Section 8
certificate in which...
Vice Mayor Plummer: This is not establishing a new program or new...
Mr. Cesar Odio (City Manager): No, it is not. It is not establishing a new program.
Vice Mayor Plummer: OK.
Mr. Castaneda: This is...
Vice Mayor Plummer: Moved by Gort... excuse me?
Commissioner Gort: I have questions.
Vice Mayor Plummer: All right.
Commissioner Gort: This is not the program that we had that was funded to create residential...?
Mr. Castaneda: No.
Mr. Odio: You're talking about Car Four?
Mr. Castaneda: No, no.
Mr. Odio: No.
Mr. Castaneda: No, no.
Mr. Odio: This has nothing to...
Commissioner Gort: No, no, no. I'm talking about we had a program in front of us, that we
allocated about eleven million dollars ($11,000,000), and then it was taken away to...
Mr. Castaneda: This is from the program year, fiscal year '94 funding. I understand that, fairly
soon, we will be getting the fiscal year '95 that was taken away. We'll get it back.
Commissioner Gort: That's going to come back, it's my understanding.
Mr. Castaneda: That's correct.
Mr. Odio: They are bringing a check down soon.
Commissioner Gort: Thank you.
Vice Mayor Plummer: Forty-nine is now understood by Commissioner Gort, who moves it, and
seconded by Commissioner Dawkins. Is anyone wishing to further discuss item 49? Hearing
none, show it unanimous.
103 October 26, 1995
The following resolution was introduced by Commissioner Gott, who moved its adoption:
RESOLUTION NO. 95-751
A RESOLUTION ALLOCATING FUNDS FROM THE 1994 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM GRANT,
THEREBY: (1) INCREASING THE FUNDING OF ECONOMIC OPPORTUNITY
FAMILY HEALTH CENTER, INC., A NOT -FOR -PROFIT ORGANIZATION, IN THE
AMOUNT OF $398,828.00, FOR THE PROVISION OF LONG TERM TENANT
BASED RENTAL ASSISTANCE TO QUALIFIED PERSONS UNDER THE HOPWA
PROGRAM AND (2) APPROVING THE FUNDING OF DADE COUNTY SPECIAL
HOUSING PROGRAMS DEPARTMENT, IN THE AMOUNT OF $59,000.00, FOR
THE PROVISION OF HOUSING QUALITY STANDARDS INSPECTIONS
REQUIRED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
UNDER SAID HOPWA PROGRAM; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE HEREINABOVE SERVICE PROVIDERS TO
IMPLEMENT THE HOPWA PROGRAM.
(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 Gott
NAYS:
ABSENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
None.
Mayor Stephen P. Clark
104 October 26, 1995
--•---------------------------------------------•----------------------------------------------------------------
47. (A) DISCUSS AND DEFER (TO NEXT MEETING) CONSIDERATION
OF PROPOSED RESOLUTION TO AUTHORIZE MANAGER TO
EXECUTE AGREEMENT WITH TACOLCY ECONOMIC
DEVELOPMENT CORPORATION FOR RENOVATION OF EDISON
MARKETPLACE BUILDING, ALLOCATING $100,000 FROM 21ST
YEAR CDBG FUNDS.
(B) COMMISSIONER DAWKINS REQUESTS MANAGER TO MEET
WITH HIM PRIOR TO NEXT COMMISSION MEETING TO
ADDRESS RENOVATIONS NECESSARY AT THE TACOLCY
YOUTH CENTER, AND MARTIN LUTHER KING BUILDING, AS
WELL AS PARKING.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 50. }
Commissioner Dawkins: Under 50...
Vice Mayor Plummer: To execute an agreement in a form...
Commissioner Dawkins: I would like...
Vice Mayor Plummer: ... with Tacolcy.
Commissioner Dawkins: OK. I wouild like to move that 50 be carried to the next meeting, and I
will tell you why.
Vice Mayor Plummer: Now deferred.
Commissioner Dawkins: OK. Now, let me explain what I want at the next meeting. I think all
of us up here know that the Tacolcy Youth Center is falling apart. So why don't we address the
Tacolcy Youth Center, what we're going to do with the M.L. King Building, and then we'll
worry about parking. So therefore... and let...
Vice Mayor Plummer: Commissioner Dawkins, I would suggest that you get with the Manager.,
and it be brought back at such time as you have the total package put together. If it's next
meeting, that's fine.
Commissioner Dawkins: OK, that's... OK, thank you. Thank you.
Vice Mayor Plummer: All right. So item 50 is, at this time, deferred.
NOTE FOR THE RECORD: AT this point, agenda item 50 was
deferred.
105 October 26, 1995
------------------------------------------------------------------------------------.----------------------------
48. AUTHORIZE. ACQUISITION OF EMERGENCY GENERATORS / RELATED
EQUIPMENT / SERVICES -- FROM UNISYS CORPORATION (UNDER
STATE OF FLORIDA CONTRACT NO. 2.50-050-94-I) -- ALLOCATE
$3,000,000 -- AUTHORIZE MANAGER TO NEGOTIATE WIT14 UNISYS
AND/OR FINANCIAL. INSTITUTIONS FOR MOST FAVORABLE
FINANCING -- EXECUTE NECESSARY DOCUMENTS.
Vice Mayor Plummer: Item 51. Anyone wishing to speak on item 51?
Commissioner Dawkins: Jesus, God. I move it. I don't know why, but I'll move it.
Commissioner Gort: Emergency...
Vice Mayor Plummer: Moved by Dawkins. Seconded by Gort. All right.
A. Quinn Jones, III, Esq. (City Attorney): Excuse me. Let me just make one correction, for the
record.
Vice Mayor Plummer: All right. A correction on 51. Mr. City Attorney.
Mr. Jones: The contract number should read 250-050-94-1.
Vice Mayor Plummer: Now corrected. Is there any further discussion on 51? Hearing none,
show it unanimous.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-752
A RESOLUTION AUTHORIZING THE ACQUISITIONS OF EMERGENCY
GENERATORS AND RELATED EQUIPMENT AND SERVICES FROM UNISYS
CORPORATION, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-
050-94-1, IN THE PROPOSED AMOUNT OF $3,000,000; ALLOCATING FUNDS
THEREFOR FROM THE E911 BUDGET ACCOUNT AND OTHER ACCOUNTS TO
BE IDENTIFIED BY THE DIRECTOR OF FINANCE; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE WITH UNISYS AND/OR FINANCIAL
INSTITUTION(S) FOR THE MOST FAVORABLE FINANCING, TERMS AND
CONDITIONS IN THE BEST INTERESTS OF THE CITY, AND TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EFFECTUATE SAID ACQUISITIONS; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR SAID ACQUISITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
106 October 26, 1995
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
49. AUTHORIZE ACQUISITION OF COMPUTER NETWORK / ROBOTICS
TECHNOLOGY / RELATED SERVICES FROM VARIOUS VENDORS
(UNDER STATE OF FLORIDA CONTRACT NO. 250-040-96-1 AND
METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-2/98-OTR-CW
AND 19411-2/96-OTR-CW) -- ALLOCATE $3,500,000 -- AUTHORIZE
MANAGER TO NEGOTIATE WITH VENDORS FOR MOST FAVORABLE
FINANCING.
Vice Mayor Plummer: Fifty-two. Moved by Dawkins, seconded by Gort. Does anyone wish to
discuss item 52?
Commissioner Dawkins: Another three million dollars ($3,000,000).
Vice Mayor Plummer: Show...
Commissioner Dawkins: And another two and a half. Good God.
Vice Mayor Plummer: ... no objections. Fifty-two is passed unanimously.
Commissioner Gort: I have a question.
Vice Mayor Plummer: A question on 52.
Commissioner Gort: My understanding is, every time we do a purchase to an existing contract
through the County or to the State, it's automatically the lowest prices that we can get.
Mr. Ron Williams (Assistant City Manager): Yes, sir.
Mr. Cesar Odio (City Manager): Yes.
Commissioner Gort: OK.
Vice Mayor Plummer: Well, it's not only the lowest, Willy, but it's also the lowest and most
responsive.
Commissioner Gort: Most responsive because of the volume of the sale.
107
October 26, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-753
A RESOLUTION AUTHORIZING THE ACQUISITION OF COMPUTER NETWORK,
ROBOTICS TECHNOLOGY, AND RELATED SERVICES FROM VARIOUS
VENDORS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-040-96-
1 AND METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-2/98-OTR-CW
AND 1941-2/96-OTR-CW, IN 'THE PROPOSED AMOUNT OF $3,500,000;
ALLOCATING FUNDS THEREFOR FROM AN ACCOUNT TO BE IDENTIFIED BY
THE DIRECTOR OF FINANCE; AUTHORIZING TI4E CITY MANAGER TO
NEGOTIATE WITH SAID VARIOUS VENDORS FOR THE MOST FAVORABLE
FINANCING; TERMS AND CONDITIONS IN 'THE BEST INTERESTS OF THE
CITY, AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID
ACQUISITIONS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
ACQUISITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
4
ABSENT: Mayor Stephen P. Clark
108 October 26, 1995
rMi7s
----------------------------------------------------------------------•------------------------------------------
50. AUTHORIZE ACQUISITION OF MICROCOMPUTERS / RELATED
PERIPHERALS / SOFTWARE / SERVICES FROM VARIOUS VENDORS
(UNDER STATE OF FLORIDA CONTRACT NO. 250-040-96-1 AND
METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-2/98-OTR-CW
AND 1941.-2/96-OTR-CW) FOR DEPARTMENT OF FINANCE -- ALLOCATE
$2,500,000 -- AUTHORIZE MANAGER TO NEGOTIATE WITH VENDORS
FOR MOST FAVORABLE FINANCING.
Vice Mayor Plummer: Item 53.
Commissioner Gort: Move it.
Vice Mayor Plummer: Anyone wishing to discuss item 53?
Commissioner Dawkins: No. I second it, but I just want to say that...
Vice Mayor Plummer: You're seconding. Now we have Commissioner Dawkins.
Commissioner Dawkins: Two and a half million, three and a half gives you six million.
Vice Mayor Plummer: Yep. And three.
Commissioner Dawkins: And then, in item 51, another three. That's nine million. It's ten
million dollars ($10,000,000) in computers.
Vice Mayor Plummer: In less than 60 seconds.
Commissioner Dawkins: OK. No problem. No problem.
Mr. Cesar Odio (City Manager): Sir, sir, can I ask you something?
Vice Mayor Plummer: No, please.
Mr. Odio: If we don't want us to bring more back, we... We need to do... We have one more
chapter on computers, which is the Police MDS.
Commissioner Dawkins: You want me to move that now? I add that...
Vice Mayor Plummer: No, no, no.
Mr. Odio: You want to add it... Add it now, Plummer, add it now.
Commissioner Dawkins: I'll add that and be through with it.
Mr. Odio: That's good. Do it now.
Commissioner Dawkins: No problem.
Mr. Odio: It's a total of...
109
October 26, 1995
Commissioner Dawkins: I'll amend it to... Whatever he wants, I amend, Which one you want
me to amend, the last one?
A. Quinn .Tones, III, Esq. (City Attorney): You have to advertise it,
Commissioner Gort: You have to advertise it.
Mr. Odio: We have to advertise that, so leave it like that.
Vice Mayor Plummer: All right, 53 is moved. Is there any objection on 53? Shaw a unanimous
ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-754
A RESOLUTION AUTHORIZING THE ACQUISITIONS OF MICROCOMPUTERS,
RELATED PERIPHERALS, SOFTWARE AND SERVICES FROM VARIOUS
VENDORS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-040-96-
1 AND METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-2/98-OTR-CW
AND 1941-2/96-OTR-CW, FOR THE DEPARTMENT OF FINANCE, IN THE
PROPOSED AMOUNT OF $2,500,000; ALLOCATING FUNDS THEREFOR FROM
AN ACCOUNT TO BE IDENTIFIED BY THE DIRECTOR OF FINANCE;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH SAID VARIOUS
VENDORS FOR THE MOST FAVORABLE FINANCING, TERMS AND
CONDITIONS IN THE BEST INTERESTS OF THE CITY AND TO EXECUTE ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EFFECTUATE SAID ACQUISITIONS; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR SAID ACQUISITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES:Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
NOTE FOR THE RECORD: At this point, agenda item 54 was
tabled.
------------------------------------------------------------•----------------------------------------------------
51. APPROVE ACQUISITION OF A DICTAPHONE DUAL RECORDER /
REPRODUCER SYSTEM -- FROM DICTAPHONE CORPORATION (UNDER
STATE OF FLORIDA CONTRACT NO. 725-630-94) -- FOR POLICE
DEPARTMENT -- ALLOCATE $421,571.75 FROM E911 BUDGET.
Vice Mayor Plummer: Fifty-six.
Commissioner Dawkins: Another half a million dollars. So move.
Vice Mayor Plummer: Dictaphone for a half a million dollars.
Commissioner Dawkins: So move.
Vice Mayor Plummer: Moved by Dawkins. Seconded by De Yurre. Any objection on 567
Show a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-755
A RESOLUTION APPROVING THE ACQUISITION OF A DICTAPHONE DUAL
RECORDER/REPRODUCER SYSTEM FROM DICTAPHONE CORPORATION FOR
THE POLICE DEPARTMENT, FOR AN ESTIMATED AMOUNT OF $421,571.75,
FOR A FIVE (5) YEAR LEASE WITH AN OPTION TO PURCHASE AT $84,314,35
PER YEAR, UNDER EXISTING STATE OF FLORIDA CONTRACT NUMBER 725-
630-94; ALLOCATING FUNDS THEREFOR FROM THE E911 OPERATING
BUDGET, INDEX CODE NO. 290461-610, PROJECT NO. 196002; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR SAID ACQUISITION, 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 De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
NAYS:
ABSENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
None.
Mayor Stephen P. Clark
111
----------------------------------------------------------------------------------------------------------------
52. ACCEPT BID: LEADEX CORPORATION -- FOR FURNISHING /
INSTALLATION OF PLAYGROUND EQUIPMENT / ACCESSORIES AT
CRESTWOOD PARK FOR DEPARTMENT OF PARKS AND
RECREATION -- ALLOCATE $17,100 FROM CIP 331383.
Vice Mayor Plummer: Fifty-seven. Leadex Corporation, playground equipment for seventeen
thousand in the Crestwood Park.
Commissioner De Yurre: Move it.
Commissioner Dawkins: I have a problem with it, but move it. Second.
Mr. Cesar Odio (City Manager): I'd like to defer this item, if you would...
Vice Mayor Plummer: That motion is now deterred until the next meeting. Item 58...
Mr. Odio: Wait, wait, excuse me. Excuse me. I thought Commissioner Dawkins had...
Commissioner Dawkins: No, no, no. No. We have... We worked it out.
Mr. Odio: Oh, why didn't you tell me? He's talking in my ear that you have a...
Vice Mayor Plummer: Come on guys.
Commissioner Dawkins: OK. That's all right. That's OK. No problem.
Vice Mayor Plummer: What are we doing?
Commissioner Dawkins: We can work... we worked it out.
Vice Mayor Plummer: Is 57 back on the agenda or not?
Commissioner Dawkins: Commissioner De Yurre moved. I second.
Vice Mayor Plummer: All right. Fifty-seven is now moved by De Yurre, seconded by Dawkins.
Are you catching up, Walter, on all of this?
Mr. Walter Foeman (City Clerk): Yes, I am.
Vice Mayor Plummer: Thank you, sir. Does anyone has any objection on 57, the playground
equipment, which has been reinstated? No one comes forth. It is now unanimous.
October 26, 1995
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-756
A RESOLUTION ACCEPTING THE BID OF LEADEX CORPORATION FOR THE
FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT AND
ACCESSORIES AT CRESTWOOD PARK FOR THE DEPARTMENT OF PARKS
AND RECREATION AT A TOTAL PROPOSED COST OF $17,100.00;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, PROJECT NO. 331383, ACCOUNT CODE NO. 589301-860;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------- -------------------------------------- --------------------------------
53. ACCEPT BID: AAA TENNIS COURTS -- FOR RESURFACING
BASKETBALL COURT AT CRESTWOOD PARK FOR DEPARTMENT OF
PARKS AND RECREATION -- ALLOCATE $12,260.25 FROM CIP 331383.
Commissioner De Yurre: Move 58.
Commissioner Dawkins: Second it.
Vice Mayor Plummer: Fifty-eight is moved by De Yurre, seconded by Commissioner Dawkins.
Twelve thousand dollars ($12,000) and some money also for Crestweeod.
Commissioner Dawkins: Same park, same park.
Vice Mayor Plummer: Anyone wishing to speak on 58? No one came forth. Show a unanimous
ballot.
i
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-757
A RESOLUTION ACCEPTING THE BID OF AAA 'TENNIS COURTS FOR THE
RESURFACING OF A BASKETBALL COURT AT CRESTWOOD PARK FOR THE
DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED
AMOUNT OF $12,260.25; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 331383, ACCOUNT CODE
NO. 589301-860; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
54. ACCEPT BID: F & L CONS'TRUCTION, INC. ($240,500 TOTAL BID) -- FOR
CITYWIDE SIDEWALK REPLACEMENT PROJECT - PHASE 13 B-4583 --
ALLOCATE FUNDS FROM CIP 341175 -- $240,000 - CONTRACT COST; '
$28,943.72 - ESTIMATED EXPENSES; TOTAL COST $269,443.72 --
COMMISSIONER DAWKINS REQUESTS, THROUGH CITY MANAGER, A
MEETING WITH PUBLIC WORKS PRIOR TO ISSUANCE OF ANY WORK
ORDERS.
Commissioner Gort: Move 60.
Vice Mayor Plummer: Fifty-nine.
Commissioner Dawkins: That was 59.
Mr. Cesar Odio (City Manager): It's withdrawn.
Vice Mayor Plummer: It's withdrawn.
Commissioner Gort: Withdrawn.
Vice Mayor Plummer: All right. Item 60.
October 26, 1995
Commissioner Dawkins: I have a problem with it, but move it.
Vice Mayor Plummer: You're going to move it, but you have a problem. Seconded by
Commissioner Gort. What is your problem, Dawkins?
Commissioner Gort: I have a question.
Vice Mayor Plummer: Question... Well, Dawkins had a problem.
Commissioner Dawkins: I'm going to work it out with them.
Commissioner Gort: He's going to work it out with them.
Vice Mayor Plummer: All right. Gort.
Commissioner Gort: You got to show me how you do that.
Commissioner Dawkins: OK.
Commissioner Gort: OK?
Vice Mayor Plummer: All right. Is that...
Commissioner Gort: Let me ask you a question. When we bid for the... on any of the contracts
for the sidewalks, can we get specific, where the sidewalks are going to be done and things like
that? My understanding is this is a contract to award or either to fund it, to do the program.
Vice Mayor Plummer: There's a program... There's a program where they...
Commissioner Gort: We'll have a copy of the program?
Mr. Jim Kay: The program is that we identify an area.
Commissioner Gort: Right. OK.
Mr. Kay: This happens to be East Little Havana. Then our inspectors go out and mark the
sidewalk, where the sidewalks are...
Commissioner Gort: Right. But can we make part of this... Is it too much trouble to make part
of the request, when you put this, the areas where we're going to be working at.
Commissioner Dawkins: Mm-hmm. That's what I'm working on.
Mr. Kay: We could do the critical areas. I think we could list those on all those, mm-hmm.
Commissioner Gort: No, but I understand, you can identify. You already have identified the
area...
Vice Mayor Plummer: The answer is yes, Mr. Gort.
Commissioner Gort: ... so that the people will know where the work is going to be taking place
Thank you.
115 October 26, 1995
Vice Mayor Plummer: Public Works, you check with Commissioner Gort and Dawkins before
you issue any new work orders. On 60, does anyone want to discuss item 60? Show a
unanimous...
Commissioner Dawkins: Same thing. Move it, and I'll get with them.
Vice Mayor Plummer: Unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-758
A RESOLUTION ACCEPTING THE BID OF F & L CONSTRUCTION, INC. IN THE
PROPOSED AMOUNT OF $240,500.00, TOTAL BID OF THE PROPOSAL, FOR
"CITYWIDE SIDEWALK REPLACEMENT PROJECT -PHASE 13 B-4583"; WITH
FUNDS THEREFOR ALLOCATED FROM THE. FISCAL YEAR 1.994-95 CAPITAL
IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, PROJECT NO. 341175
IN THE AMOUNT OF $240,500.00 TO COVER THE CONTRACT COST AND
$28,943.72 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $269,443.72; 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
NAYS:
ABSENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
None.
Mayor Stephen P. Clark
October 26, 1995
-- -------------------------------------------------------------------------------------------------------------
55. ACCEPT BID: F & L CONSTRUCTION, INC. ($250,000 TOTAL BID) --
CITYWIDE SIDEWALK REPLACEMENT PROJECT - PHASE 10 (SECOND
BIDDING) B-4572 -- ALLOCATE FUNDS FROM CIP 341175 -- $250,000 -
CONTRACT COST; $29,946.80 - ESTIMATED EXPENSES; TOTAL COST
$279,946.80 -- EXECUTE CONTRACT -- COMMISSIONER DAWKINS
REQUESTS, THROUGH CITY MANAGER, A MEETING WITH PUBLIC
WORKS PRIOR TO ISSUANCE OF ANY WORK ORDERS.
Vice Mayer Plummer: On 61, accepting the bid of F&L Construction.
Commissioner Dawkins: Same difference. We...
Vice Mayor Plummer: Sidewalk replacements...
Commissioner Dawkins: We'll get with him.
Vice Mayor Plummer: ... for a quarter of a million dollars.
Commissioner Gort: Second.
Vice Mayor Plummer: Moved by Dawkins. Seconded by Gort, with a proviso that Public
Works does not issue any further work orders without checking with these two Commissioners.
Hearing no objection, show a unanimous ballot.
Commissioner Gort: Excuse me, J.L. They can go ahead and do the order, but I'd like to get a
list of what work is going to be done in the future, that's all.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Well, I want to see... I want to be able to tell you that it's a part of a
street that's in worse condition than the one that you got marked, and go over there and do that
one. That's what I'd like to be able to show you.
Vice Mayor Plummer: All right.
Commissioner Dawkins: OK. Thank you.
October 26, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-759
A RESOLUTION ACCEPTING THE BID OF F & L CONSTRUCTION, INC.. IN THE
PROPOSED AMOUNT OF $250,000.00, TOTAL RID OF THE PROPOSAL, FOR
"CITYWIDE SIDEWALK REPLACEMENT PROJECT - PHASE 10 (SECOND
BIDDING) B-4572"; WITH FUNDS THEREFOR ALLOCATED FROM THE FISCAL
YEAR 1994-95 CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS
AMENDED, PROJECT NO. 341175 IN THE AMOUNT OF $250,000.00 TO COVER
THE CONTRACT COST AND $29,946.80 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $279,946.80; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
i
118 October 26, 1995
-- ---------------------------------------------------------------------------------------------------------------
56. (A) ACCEPT BID: P.J. CONSTRUCTORS, INC. ($489,998.50 TOTAL
BID) -- FOR WAGNER CREEK RENOVATIONS PHASE III B-
5527B -- ALLOCATE, FUNDS FROM CIP 352230 -- $489,998.50 -
CONTRACT COST; $79,834 - ESTIMATED EXPENSES: TOTAL
COST $569,832.50 -- EXECUTE CONTRACT.
(B) AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL
SERVICE AGREEMENTS WIT14: 0 ) BERMELLO AJAMIL &
PARTNERS, INC. (2) ANDRES DUANY & ELIZABETH PLATER-
ZYBERK, (3) LAURA M. PEREZ & ASSOCIATES, INC., (4)
SEQUEIRA & GAVARETTE, P.A., AND (5) THE, ARCHITECTURAL
DESIGN CONSORTIUM, INC. -- TO PROVIDE PROFESSIONAL
GENERAL ARCHITECTURAL SERVICES -- AUTHORIZE
MANAGER TO EXECUTE PROFESSIONAL SERVICES
AGREEMENTS WITH: (1) ALBERT A. PEREZ ASSOCIATES, (2)
CHARLES A. ALDEN, LANDSCAPE ARCHITECT, AND (3)
BERMELLO AJAMIL & PARTNERS, INC. -- TO PROVIDE
PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 62 is a bid of P.J. Contractors in the amount... Whew.
Commissioner Dawkins: Jesus Christ. When are we going to get through with this, Mr.
Manager?
Mr. Cesar Odio (City Manager): Sir?
Commissioner Dawkins: When are we going to get... finish this? Never?
Vice Mayor Plummer: What is this?
Mr. Odio: Wagner Creek renovation, phase...
Mr. Jim Kay: This is the dredging and fencing of Wagner Creek between 14th Avenue and 20th
Street. It's in terrible shape. It looks awful.
Vice Mayor Plummer: But for half a million dollars?
Mr. Kay: Well, in addition, we're going to...
Vice Mayor Plummer: I want to defer this one. Let's defer this.
Commissioner Dawkins: OK. Second.
Vice Mayor Plummer: Yeah. Go ahead. Call the...
Vice Mayor Plummer: Sixty-three, I had... Why... We've withdrawn that?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: OK. I'd like to see what you're going to do for a half a million dollars
over there.
119 October 26, 1995
Commissioner Dawkins: OK.
Vice Mayor Plummer: All right, 64. Execute five professional service agreements.
Mr. Odio: Could I... Could I ask you something, Commissioner, Mr. Mayor?
Commissioner Dawkins: Bring... Who... Beg pardon? You're going to bring it back?
Mr. Odio: Could I ask you that to approve the Wagner Creek, and then if you have a problem,
we don't do it? We have been getting a lot of complaints from that area, lots of complaints.
Vice Mayor Plummer: Hey, but Mr. Manager...
Mr. Odio: It was... You approved it in the CIP (Capital Improvements Project).
Commissioner Dawkins: That's a lot of fencing, Mr. Manager.
Vice Mayor Plummer: It sure is.
Mr. Odio: Yeah, it's a lot.
Vice Mayor Plummer: All right, let's approve it...
Mr. Odio: No, it's also dredging.
Vice Mayor Plummer: ... subject to them bringing us the program, and then if we object, we'll
bring it back. '
Commissioner Dawkins: OK. i
i
Vice Mayor Plummer: All right. So I'm going back to Wagner Creek proposal. k
Commissioner Dawkins: Moved by Plummer. Seconded by me.
Vice Mayor Plummer: Moved by Plummer.
Commissioner Dawkins: Seconded by Miller.
Vice Mayor Plummer: OK. That's item 62.
Mr. Kay: Yes, sir.
Commissioner Dawkins: Call the roll.
Vice Mayor Plummer: Each Commissioner has the right of review for 72 hours, and if no
objection, it's then approved.
- 120 October 26, 1995
i
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-760
A RESOLUTION ACCEPTING THE BID OF P.J. CONSTRUCTORS, INC., IN THE
PROPOSED AMOUNT OF $489,998.50, TOTAL BID OF THE PROPOSAL, FOR
"WAGNER CREEK RENOVATION PHASE III B-552713"; WITH FUNDS
THEREFOR ALLOCATED FROM THE FISCAL YEAR 1994-95 CAPITAL,
IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED. PROJECT NO. 3.52230
IN THE AMOUNT OF $489,998.50 TO COVER THE CONTRACT COST AND
$79,834.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $509,832.50; 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, oinitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Vice Mayor Plummer: We're now on item 64.
Commissioner Dawkins: Who... What... What minorities are in here? Because I see all kinds
of names.
Vice Mayor Plummer: That's what I see here. They're all minorities, except three...
Commissioner Dawkins: But I don't see a Smith, Jones, or Brown, which is common to the
minority that I'm talking about.
Vice Mayor Plummer: I thought it was Saunders, Pittman, Bethel...
Commissioner Dawkins: No, no. That...
Vice Mayor Plummer: ... Bethel.
Commissioner Dawkins: Those are the ones...
Vice Mayor Plummer: Bethel.
Commissioner Dawkins: Yes, but no...
Vice Mayor Plummer: All right. What do you want to do? Come on, guys, 64.
121 October 26, 1995
i
Commissioner Gort: My understanding is we went out for bid on those things, and we had
people respond. This...
Vice Mayer Plummer: Is that the case, sir?
Commissioner Gort: We've had this in front of us before.
Vice Mayor Plummer: Was this by hid?
Commissioner Dawkins: This is by hid?
Mr. Kay: This was by RFQ (Re(Iuest for Qualifications).
Commissioner Gort: RFQ. People...
Mr. Kay: This process has taken about nine months so far, and it's a long process.
Commissioner Gort: Right.
Commissioner Dawkins: OK. And this is for haw long? For a two-year period? I move for one
year and we have to come hack.
Mr. Kay: This is for a two-year period, two-year period,
Vice Mayor Plummer: For one year.
Commissioner Gort: Second:
Vice Mayor Plummer: OK. One year. All in... Anyone have an . objection, except the
recipients? Show it as unanimous. All right.
The fallowing resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-761
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE FIVE PROFESSIONAL SERVICE AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, BUT SUBJECT TO REVIEW AND
APPROVAL BY THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI, AND
THE INDIVIDUAL FIRMS OF BERMELLO AJAMIL & PARTNERS, INC., ANDRES
DUANY & ELIZABETH PLATER-ZYBERK, LAURA M. PEREZ & ASSOCIATES,
INC., SEQUEIRA & GAVARETTE, P.A., AND THE ARCHITECTURAL DESIGN
CONSORTIUM, INC., TO PROVIDE PROFESSIONAL GENERAL
ARCHITECTURAL SERVICES, EACH FOR A ONE YEAR PERIOD IN
CONJUNCTION WITH CITY OF MIAMI PROJECTS; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THREE PROFESSIONAL SERVICES
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE INDIVIDUAL FIRMS OF ALBERT A. PEREZ
ASSOCIATES, CI-IARLI':S A. ALDEN, LANDSCAPE ARCHITECT, AND
BERMELLO AJAMIL S-, PARTNERS, INC., TO PROVIDE PROFESSIONAL
LANDSCAPE ARCHITECTURAL SERVICES, EACH FOR A ONE YEAR PERIOD
IN CONJUNCTION WITH CITY OF MIAMI PROJECTS; ALLOCATING FUNDS
THEREFOR FROM THE INDIVIDUAL PROJECT ACCOUNTS AS APPROPRIATED
FOR SAID PROJECTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
•---------------------------------------------------------------------------------------------------------------
57. CONTINUED PERSONAL APPEARANCE: MS. MIRIAM DONNER
CONCERNING HER ACCUSATIONS OF DISCRIMINATION AND DENIAL
OF EQUAL PROTECTION. (See labels 23 & 67)
Commissioner Dawkins: What's the lady's name back here? I've got a pocket item. Let's get
rid of her.
Vice Mayor Plummer: Hold on. So that the record is reflected, we have finished the agenda
with the exception of item 54, pending the arrival of Commissioner... Commissioner - George
Knox. All right.
Vice Mayor Plummer: Mr.... Who has pocket items?
Commissioner Dawkins: I have one here first. My other one has to wait until six o'clock.
Vice Mayor Plummer: All right, sir. Your pocket item, the first one.
Commissioner Dawkins: Go ahead.
Ms. Miriam Donner: I don't understand what George Knox has to do...
Vice Mayor Plummer: You'll be called on...
Ms. Donner: But I don't understand why George Knox...
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Vice Mayor Plummer: Ma'am, no, no, no. You will have a seat, and I will recognize you as
soon as I have the opportunity.
123 October 26, 1995
..- -- -- -- -------- -'-- -----------------------------------------------------------------•'---------
58. DISCUSSION CONCERNING FUNDING REQUEST BY CARIBBEAN
AMERICAN BUSINESS NETWORK -- REFER TO ADMINISTRATION.
Vice Mayor Plummer: Thank you. Your pocket item. For the record, your name and mailing
address, please.
Ms. Sharon Reid: My name is Sharon Reid, and our mailing address is 3050 Biscayne
Boulevard.
Commissioner Dawkins: Pull the mike to you.
Vice Mayor Plummer: Could you speak up a little louder? The Manager...
Commissioner Dawkins: Pull the mike to you. Pull the mike to you.
Commissioner Dawkins: There you go.
Vice Mayor Plummer: All right. That's fine.
Ms. Reid: My name is Sharon Reid, and our mailing address is 3050 Biscayne Boulevard, Suite
503, Miami, Florida, 33137. My purpose for coming here this morning - and I thank you,
Commissioners, for having me - is to bring to your attention a program that we have been going
now for four years. Many of you are quite aware of it, and I've participated with all of you on
various projects. It's Caribbean America's Business Network. We have participated in as many
functions as you've asked us to, and we're asking you for some assistance. But I want to point
out a few things for a couple of minutes. We have aligned and participated in citizenship drives.
We have celebrated in the 100th birthday programs coming up and the soccer games coming up.
When information regarding private sector organizations, the only association in town that can
provide this is CABNET (Caribbean American Business Network). We have done this on our
own for the past four years. Every year, we bring in a national convention of 500 people from
the Caribbean and around the States. We bring in Prime Ministers, and we bring in delegations
on our own. We have aligned with the International Trade Board, City of Miami, the Chamber
of Commerces, FIU (Florida International University), U of M (University of Miami), Beacon
Council, CVB (Greater Miami Convention and Visitors Bureau), the BBA (Black Business
Association), MDCC (Miaini-Dade Community College), and a number of County and City
Commissioners. Please, allow me this. I need to just push this and get it over with. OK. OK.
Vice Mayor Plummer: Yeah, but you understand for a request for funding, it's going to go to the
Manager.
Commissioner Dawkins: That's right. OK.
Ms. Reid: Yes, sir, I do.
Commissioner Dawkins: So I'll refer this to the Manager. That's it. Thank you.
Mr. Cesar Odio (City Manager): Because I... We have not seen this at all.
Ms. Reid: OK.
124 October 26, 1995
Commissioner Dawkins: Go to the Manager and he'll... He'll set you up a date to meet with
him or somebody.
Ms. Reid: OK.
Commissioner Dawkins: Thank you. OK. All right. Go ahead.
Ms. Reid: Will that be... That's sufficient?
Vice Mayor Plummer: OK.
Ms. Reid: That's sufficient?
Vice Mayor Plummer: We're referring it to the Manager for evaluation and reporting back to
this Commission.
Ms. Reid: Thank you again.
Commissioner Dawkins: Thank you.
Vice Mayor Plummer: Commissioner Dawkins, do you have any further pocket items?
Ms. Reid: I gave it to the Commissioner. Thank you, sir.
END OF DISCUSSION -- NO ACTION TAKEN
---------------------------------------------------------------------------------------------------------------
59. WAIVE FORMAL COMPETITIVE BIDS FOR EMERGENCY REPAIRS TO
CORRECT MAJOR ELEVATION DIFFERENCES AND ACCESSIBILITY
PROBLEMS DUE TO GROUND SETTLEMENT AT DOUGLAS PARK --
AUTHORIZE MANAGER TO AWARD CONTRACT AS EXPEDITIOUSLY
AS PRACTICABLE IN AN AMOUNT NOT TO EXCEED $70,000.
----------------------- ----------------------------------------------------------------------------------------
Vice Mayor Plummer: Commissioner De Yurre, do you have any pocket items?
Commissioner De Yurre: I have one at this time.
Vice Mayor Plummer: All right, sir.
NOTE FOR THE RECORD: At this point, Commissioner De Yurre
read the resolution into t e public record, by title only.
Vice Mayor Plummer: Moved. Seconded by Dawkins. You're in accord with this, Mr.
Manager? That's a four -fifths vote emergency?
Commissioner De Yurre: Yes.
125 October 26, 1995
Vice Mayer Plummer: OK. Where's Dawkins? Dawkins.
Commissioner Dawkins: Yes.
Commissioner De Yurre: He voted yes.
Vice Mayer Plummer: It's a four -fifths.
Commissioner Dawkins: Yes, yes ,yes.
Vice Mayor Plummer: Call the roll.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-762
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, WAIVING FORMAL COMPETITIVE
BIDDING PROCEDURES FOR EMERGENCY REPAIRS AT DOUGLAS PARK TO
CORRECT MAJOR ELEVATION DIFFERENCES AND ACCESSIBILITY
PROBLEMS DUE TO GROUND SETTLEMENT; AUTHORIZING THE CITY
MANAGER TO AWARD A CONTRACT AS EXPEDITIOUSLY AS PRACTICABLE
AND TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID REPAIRS; FURTHER, ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $70,000, FROM AN ACCOUNT
TO BE IDENTIFIED BY THE CITY MANAGER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
126 October 26, 1995
60. GRANT REQUEST BY DEMETRIO PEREZ, JR., PRESIDENT, BIPRISA FOR
FEE WAIVER FOR USE OF MANUEL ARTIME COMMUNITY CENTER
FOR A THANKSGIVING CELEBRATION (NOVEMBER 21, 1995).
----------------------------------------------------------------------------------------------------------------
Vice Mayer Plummer: Commissioner Gort has packet items.
Commissioner De Yurre: He's got like ten today. I don't know about this.
Commissioner Gort: Yes, I do. You received some copies. Mr. Demetrio Perez has requested
waiver of the fee of the Manolo Artime Community Center for a Thanksgiving celebration to he
held Tuesday, November 21, 1995.
Vice Mayor Plummer: Moved by Gort. Seconded by De Yurre.
Commissioner De Yurre: That's fine.
Vice Mayor Plummer: Hearing no objection, show it unanimous.
The fallowing resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-763
A RESOLUTION RELATED TO THE THANKSGIVING CELEBRATION TO BE
CONDUCTED BY BIPRISA ON NOVEMBER 21, 1995; WAIVING ALL WAIVABLE
FEES, AS PERMITTED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, FOR USE OF THE MANUEL ARTIME COMMUNITY CENTER; SAID
WAIVERS SUBJECT TO THE ORGANIZERS PAYING FOR ALL OTHER
NECESSARY COST OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED
WITH SAID EVENT AND OBTAINING ALL NECESSARY PERMITS AND
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE.
127 October`26, 1995
I
(Here follows body of resolution, omitted here and on file in the Office of the City i
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
-----------------------------•-----------------------------------------------------------------------------------
61. GRANT REQUEST BY DR. CASTELL V. BRYANT, PRESIDENT, MIAMI-
DADE COMMUNITY COLLEGE, WOLFSON CAMPUS FOR RENTAL FEE
WAIVER AT BOBBY MADURO STADIUM FOR THE COLLEGE'S 1995
BASEBALL SEASON.
------ ---------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Next item, Mr. Gort.
Commissioner Gort: I need the Parks Department, Dr. Castell Bryant.
Vice Mayor Plummer: Wait, wait, wait. We're going to ask all of you to come in, sit down,
relax, take it easy, and be quiet. Mr. Gort.
Commissioner Gort: You all have a copy of the request by Dr. Castell Bryant, a request for the
Bobby Maduro Stadium rental fee to be waived for the Miami -Dade Community College
Baseball 1995 season.
Vice Mayor Plummer: Moved by Gort. Seconded by De Yurre. Is there any further discussion?
Hearing no objections, show it unanimous.
128
October 26, 1995
The following resolution was introduced by Commissioner Gott, who mewed its adoption:
RESOLUTION NO. 95-764
A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S WAIVER OF ALL USER FEES FOR THE
USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM BY MIAMI DADE
COMMUNITY COLLEGE-WOLFSON CAMPUS FOR THE PRESENTATION OF
GAMES AND PRACTICES BY SAID SCHOOL'S BASEBALL TEAM, THE
BARRACUDAS, FROM SEPTEMBER 20, 1995 THROUGH MAY 10, 1996;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
AND MIAMI DADE COMMUNITY COLLEGE-WOLFSON CAMPUS FOR SAID
PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO
PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESINGEE.
(Here fellows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
--------------------------------- ---------------------------
62. REAFFIRM POLICY THAT WHENEVER 'REQUESTS FOR PROPOSALS
(RFP) ARE ISSUED THERE SHALL BE A REQUIREMENT FOR>MINORITY
PARTICIPATION.
-----------------------------------------------------
Vice Mayor Plummer: Mr. Gort.
Commissioner Gort: OK. One of the things that I'd like... I have one - two more. One is Mr.
Laurence Pierce is here requesting the waiver of fee for an event that he's having.
Vice Mayor Plummer: I'm sorry?
Commissioner Gort: Is he here?
129 October 26, 1995
i
Vice Mayor Plummer: Is who here, sir?
i
Commissioner Gort: Mr. Laurence Pierce.
Vice Mayer Plummer: I don't see him coming forth, sir, at this time.
Commissioner Gort: He has not talked to you at this time?
Vice Mayor Plummer: All right.
Commissioner Gort: OK. One thing that I would like to have - and we've seen a lot of the
problems with the last proposal that we had, I would like to have - instruct the Manager that
whenever we have an RFP (Request for Proposals) to go out, that the discussion of including
minority participation will be requested in every proposal
Vice Mayor Plummer: I lost you. Say again? Whenever we have an R.FP...
Commissioner Gort: ... that the request for minority participation be a part of it.
Vice Mayor Plummer: Oh, I think that's always the case, isn't it?
Commissioner Gort: Well...
Vice Mayor Plummer: Well, it should be.
Commissioner Gort: ... people are not responding.
Vice Mayor Plummer: And we'll make sure that it is.
Commissioner Gort: OK?
130 October 26, 1995
i
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i
---------------------------------- --------------- -------------- ------------------------ ---------------•----------
63. APPOINT CARLOS ARBOLEYA, SR. AS A MEMBER OF TUCOM (THE
UNITY COUNCIL OF MIAMI). (See label 72)
Vice Mayor Plummer: Any further?
Commissioner Gort: No. My board appointments to TUCOM (The Unity Council of Miami,
Mr. Carlos Arboleya.
Vice Mayor Plummer: Senior or Junior?
Commissioner Gort: Senior.
Commissioner De Yurre: Second.
Vice Mayor Plummer: To which board?
Commissioner Gort: TUCOM.
Vice Mayor Plummer: To what?
Commissioner Gort: TUCOM.
Vice Mayor Plummer: Oh, TUCOM, all right. All in favor say "aye."
The Commission Collectively: "Aye."
Vice Mayor Plummer: OK. Opposed, like sign, none.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 95-765
A MOTION APPOINTING CARLOS ARBOLEYA, AS A MEMBER OF TUCOM
(THE UNITY COUNCIL OF MIAMI). (Note for the Record: Mr. Arboleya was
nominated by Commissioner Gort.)
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
NAYS:
ABSENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
None.
Mayor Stephen P. Clark
131 October 26, 1995
64. RELATED TO ACQUISITION OF GRANITE MANAGEMENT
CORPORATION INTEREST IN FIRE STATION NO. 4 (1000 S. MIAMI
AVENUE) -- TO REFLECT THAT GRANITE MANAGEMENT
CORPORATION IS THE SUCCESSOR -IN -INTEREST OF GRANITE
MANAGEMENT AND DISPOSITION, INC. -- INDICATE ACTUAL
PAYMENT OF $253,706.9.4 TO SAID SUCCESSOR -IN -INTEREST --
AUTHORIZE PAYMENT OF CLOSING COSTS $63,144.14 -- ALLOCATE
FUNDS -- AMEND 95-300.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: OK, I have these here.
AT THIS POINT, VICE MAYOR PLUMMER READ THE
RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.
Vice Mayor Plummer: I move it. Seconded by Gort. It's a resolution. Any objections?
Showing none.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-766
A RESOLUTION RELATED TO THE ACQUISITION OF GRANITE
MANAGEMENT CORPORATION'S INTEREST IN THE PROPERTY LOCATED AT
1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, F/K/A FIRE STATION NO. 4,
THEREBY AMENDING RESOLUTION NO. 95-300 TO: (1) REFLECT THAT
GRANITE MANAGEMENT CORPORATION IS THE SUCCESSOR -IN -INTEREST
OF GRANITE MANAGEMENT AND DISPOSITION, INC.; AND (2) INDICATING
AN ACTUAL PAYMENT OF $253,706.94 TO SAID SUCCESSOR -IN -INTEREST;
FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE PAYMENTS
NECESSARY FOR RELATED CLOSING COSTS IN THE AMOUNT OF $63,144.14;
ALLOCATING FUNDS THEREFOR FROM THE INTERNAL SERVICE FUND -
SELF INSURANCE RISK MANAGEMENT DIVISION, PROJECT NO. 515001,
INDEX CODE NO. 620103, FOR SAID PAYMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
132 October 26, 1995
W.
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayer Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
65. ACCEPT BID: LASER PRODUCTION NETWORK -- FOR FURNISHING
ONE LASER TUBE AND CONTROL MODULE FOR THE MILDRED AND
CLAUDE PEPPER FOUNTAIN, BAYFRONT PARK -- ALLOCATE
$34,578.50 FROM CIP 331305.
Vice Mayor Plummer: The next item is...
AT THIS POINT, VICE MAYOR PLUMMER READ THE
RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.
Vice Mayor Plummer: I so move. Seconded by Gort. Any further discussion? Show it
unanimous.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-767
A RESOLUTION ACCEPTING THE BID OF LASER PRODUCTION NETWORK
FOR THE FURNISHING OF ONE LASER TUBE AND CONTROL MODULE AT A
TOTAL PROPOSED AMOUNT OF $34,578.50 FOR USE IN THE MILDRED AND
CLAUDE PEPPER BAYFRONT PARK; ALLOCATING FUNDS THEREFOR FROM
THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 331305;
AUTHORIZING THE CITY MANGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
/O*A
(Here follows body of resolution; emitted 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 fallowing vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------- ----------------------------------------------------------------------------------
66. ACCEPT PROPOSAL: HIGH TECH CONCRETE -- FOR INSTALLATION
OF CENTENNIAL PLAZA IN MILDRED AND CLAUDE PEPPER
BAYFRONT PARK -- ALLOCATE $130,000 FROM CIP CENTENNIAL
PLAZA PROJECT.
----------------------------------------------------------------------------------------------------------------
AT THIS POINT, VICE MAYOR PLUMMER READ THE
RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.
Vice Mayor Plummer: This has already been approved. It's a matter of the bid being accepted.
Is there any further discussion? Hearing none, the matter is approved.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-768
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTS, AND WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS FOR THE
INSTALLATION OF CENTENNIAL PLAZA IN THE MILDRED AND CLAUDE
PEPPER BAYFRONT PARK BY HIGH TECH CONCRETE IN AN AMOUNT NOT
TO EXCEED $130,000; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROGRAM, "CENTENNIAL PLAZA PROJECT."
134
October 26, 1995
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
---------------------------------------------------------. ------------------------------------------------------
67. PERSONAL APPEARANCE: MS. MIRIAM DONNER CONCERNING HER
ACCUSATIONS OF DISCRIMINATION AND DENIAL OF EQUAL.
PROTECTION. (See labels 23 & 57)
Vice Mayor Plummer: Are there any other pocket items? Any other pocket items? Mr. De
Yurre has one at five -thirty of the people of Edgewater.
Commissioner Dawkins: I have one at six.
Vice Mayor Plummer: Mr. Dawkins has one at six for the people of...
Commissioner Dawkins: Whatever they are.
Vice Mayor Plummer: Whatever they are. And we will start our zoning... We need a second...
Commissioner De Yurre seconded the High Tech Concrete. We will have our Planning and
Zoning, all four items at four -thirty.
Commissioner Dawkins: OK.
Vice Mayor Plummer: And Amy Donner, you are on, please.
Commissioner De Yurre: J.L.
Vice Mayor Plummer: Yes.
Commissioner De Yurre: Those items are, I think in pretty short order. They should not take an
hour. Maybe we can start at five or something like that.
Vice Mayor Plummer: I have no objections with starting at five. Any objections at five?
A. Quinn Jones, II1, Esq. (City Attorney): But you've advertised at four -thirty, which means you
need to have... And then recess until five.
Ms. Miriam Donner: Why? You don't want to hear me?
135 October 26, 1995
Vice Mayor Plummer: Well, we just don't start the other meeting. Hold on.
Ms. Donner: You don't want to hear me?
Vice Mayor Plummer: Yes.
Mr. Jones: You have to convene at four -thirty.
Vice Mayor Plummer: We've, got to convene at four -thirty, and then we'll go back to our offices
and do a little work.
Mr. Donner: What?
Vice Mayor Plummer: Not talking to you, ma'am. Talking to Commissioner Gort - De Yurre.
Ms. Donner: So can I go... Can I...
Vice Mayor Plummer: You're on.
Ms. Miriam Donner: OK.
Vice Mayor Plummer: Now, please give your undivided attention to Ms. Donner. For the
record, you must by law...
Ms. Donner: By the way, my name is not Amy.
Vice Mayor Plummer: Amy Donner.
Ms. Donner: My name is not Amy. My name is Miriam.
Vice Mayor Plummer: OK. Miriam Donner. Start off by giving us your legal name and your
mailing address. Mr. Knox, you will be heard at the conclusion of this young lady.
Ms. Donner: OK. Now, I have a case for about 20 years. In 1975, I was arrested by a City of
Miami police officer, Vernon Harrington, for protective conduct, under the U.S. Constitution,
engaging in legally permissible conduct related to my right of free speech. For no legitimate
reason, and without authority, the Police Officer Harrington, which was at the time in 1975,
employed by the City of Miami, now retired, arrested me from about April 10 to April 15, 1975.
I was in jail as a detainee without a warrant. In order to prevent me from exercising my
constitutional rights of protective speech, of expression, the ground that was used to arrest me
was false, pretextual. In fact, there was no ground for the arrest. An affidavit of probably cause
must be...
Vice Mayor Plummer: May I stop you for one minute, please? May I stop you for one moment?
Is this a pending litigation?
Ms. Donner: Yeah,
Vice Mayor Plummer: Mr. City...
Ms. Donner: That is a pending...
Vice Mayor Plummer: Excuse me, ma'am.
136
October 26, 1995
Ms. Donner: That is a pending litigation.
Vice Mayor Plummer: If under pending litigation, Mr. City Attorney, are we, as a Commission,
allowed to even listen to testimony, or...
Ms. Donner: I came to show you...
Vice Mayor Plummer: Please, please.
Ms. Donner: ... the discrimination...
Vice Mayor Plummer: Mr. City Attorney, you're not...
Mr. Jones: My advice is not to, because this case is...
Ms. Donner: July 11, 1991...
Vice Mayor Plummer: All right.
Ms. Donner: That is an item that was also in litigation...
Vice Mayor Plummer: All right.
Ms. Donner: ... and you people settled it, even though the Mayor...
Vice Mayor Plummer: All right.
Ms. Donner: ... the previous Mayor, Suarez, stated in open - openly to the Commissioner...
Vice Mayor Plummer: All right. Ma'am...
Ms. Donner: He said that he...
Vice Mayor Plummer: ... conclude. You have another...
Ms. Donner: ... is not settling the case, and then I discovered it was settled.
Vice Mayor Plummer: OK.
Ms. Donner: Why? Because he is black. Black and Cuban get the privilege, and you treat them
different than me. Twenty years of torture. You know you did me wrong. You conceal
insurance. I find out, six million dollar ($6,000,000) insurance. By now, it is twenty million.
Vice Mayor Plummer: Do you have the clock on?
Ms. Donner: And then I find out the attorney representing the insurance company is getting
profit sharing from the insurance. I wanted to know if it is my insurance, or taxpayer money
insurance. You waste the taxpayer money. Over thirty thousand dollars ($30,000) was admitted
by the City, on the public record. You wasted over a hundred thousand dollars ($100,000) in the
false arrest case. You can see it - you know, you admitted to that. And...
Vice Mayor Plummer: Are you finished, ma'am?
i
137 October 26, 1995 `
r
Ms. Donner: No. And you told
Vice Mayor Plummer: Oh.
Ms. Donner: And you told... And you stated in interrogatories that you don't know how much
insurance you have. And then I find you people lying, and I... When I got the public record, I
had to fight four years to get the public record. It's unbelievable how taxpayer money is wasted.
This is... This is terrible, how you do things. It's shocking, very, very shocking. And...
Vice Mayor Plummer: All right. Ma'am, your time is up.
Ms. Donner: Wait a minute.
Vice Mayor Plummer: No, no, no.
:
Ms. Donner: My time is not up. I want...
Vice Mayor Plummer: You wait a minute, ma'am. i
Ms. Donner: I'm talking...
Vice Mayor Plummer: Your time is up.
Ms. Donner: I'm talking about...
Vice Mayor Plummer: You are... Excuse me, ma'am.
Ms. Donner: I complain about the Commission...
Vice Mayor Plummer: I don't mean to be discourteous.
Ms. Donner: OK. I complain about discrimination.
f
Vice Mayor Plummer: Thank you. Ma'am...
Ms. Donner: I wanted to show the City Manager...
Vice Mayor Plummer: Would you turn the microphone off, please.
Ms. Donner: ... the discrimination.
Vice Mayor Plummer: Thank you.
Ms. Donner: OK.
Vice Mayor Plummer: Thank you, ma'am.
Ms. Donner: You discriminate against me pretty good.
Vice Mayor Plummer: Yes, ma'am. You had your opportunity to speak and we listened to you.
Ms. Donner: I didn't have the opportunity.
Vice Mayor Plummer: That's fine. Mr. Knox, you're next.
138 October 26, 1995
Ms. Donner: You don't let me talk. You just don't let me talk. For years, you don't care about
human beings. You... I wanted to know who robbed the money, when it was robbed...
Vice Mayer Plummer: Ma'am, you...
Ms. Donner: How much money interest...
Vice Mayor Plummer: Turn the microphone off. Mr. Clerk, would you turn the microphone off,
please. Thank you.
Ms. Donner: Well, I like to know, make sure...
Vice Mayor Plummer: Thank you, ma'am. I've heard this for 20 years. I've been here 24, and
it's taken all of my time.
Ms. Donner: You should be ashamed of yourself. I caught you, all of you.
Vice Mayor Plummer: Mr. Knox, you are on, sir.
Ms. Donner: It's a discrimination.
---------------------------------------------------- -----------------------------------------------------------
68. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO ACCEPT PROPOSAL AND SELECT BUNKERS OF
MIAMI, INC. AS SOLE QUALIFIED RESPONDENT TO REQUEST FOR
QUALIFICATIONS (RFQ) (PURSUANT TO 94-584) -- FOR MANAGEMENT
/ OPERATION (INCLUDING CONSTRUCTION / RENOVATION) OF
MELREESE MUNICIPAL GOLF COURSE. (See label 73)
Vice Mayor Plummer: Please proceed immediately, Mr. Knox. Thank you, sir.
Mr. George Knox: Thank you very much, Mr. Vice Mayor. My name is George F. Knox. I'm
an attorney with offices at 2601 South Bayshore Drive.
Vice Mayor Plummer: Commissioner Dawkins, Commissioner Dawkins?
Mr. Cesar Odio (City Manager): Can we do it without... Pass it right now.
Vice Mayor Plummer. All right. Mr. Knox, do you wish to wait for Commissioner Dawkins?
Mr. Knox: Yes, sir, I believe he's on his way.
A. Quinn Jones, III, Esq. (City Attorney): You don't need but three votes.
Vice Mayor Plummer: What?
Mr. Jones: You only need three votes.
Vice Mayor Plummer: All right. Well, what about if two of us vote against him?
139 October 26, 1995
Mr. Jones: Hey, then he's lost.
Mr. Knox: SOL., my friend!
Vice Mayer Plummer: This is on item 54. All right, Mr. Knox, here comes Commissioner
Dawkins. Proceed, please.
Mr. Knox: Thank you very much. Mr. Vice Mayor and members of the Commission, I am a
principal in Bunkers of Miami, and I stand here to ask you to please support and approve the
management agreement that was negotiated between the City Manager and the principals of
Bunkers. I'd like to emphasize for the record, because there was some question, about the extent
of the exemptions, or the discounted rates, and discounted rates will be extended. Favorable
rates will be extended to all junior golfers, seniors, employees of the City of Miami, and City of
Miami retirees. Unless there are some specific questions, I would ask. you to please adopt the
recommendation of the City Manager.
Vice Mayor Plummer: Mr. Knox, what has been said previously by Commissioner Dawkins is
that he feels that the Mayor should have input, and as such, we'll do it on first reading, and then
on second reading when the Mayor is back here, and he's... that was his request.
Mr. Knox: All right. That was as to item 33-A, Mr. Commissioner.
Vice Mayor Plummer: That was also 54, from my understanding.
Mr. Knox: Fifty-four is just a resolution approving the management agreement, if you wish to
consider that at this time.
Mr. Odio: You need... You need both. In order to be... In order to do 54, you need to do that.
Mr. Knox: Yeah.
Commissioner Dawkins: He told the City Attorney, he knows he needs...
Vice Mayor Plummer: Well, then, excuse me. If we did 33 on a first reading, do we do 54 now?
Mr. Odio: You have to do it on first... Yeah.
Vice Mayor Plummer: Well, now, wait a minute. It's a resolution.
Mr. Jones: Let me premise this from what I said before.
Vice Mayor Plummer: All right.
Mr. Jones: Because if you don't pass 33, then it's really a nullity.
Vice Mayor Plummer: We did pass 33.
Mr. Jones: On first reading.
Vice Mayor Plummer: But rather than...
Mr. Odio: Then you have to wait until the second reading.
Mr. Jones: You have to wait until second reading, essentially, because, I mean...
140
October 26, 1995
Mr. Knox: As I understand the City Attorney, 33 becomes effective upon second reading, and
you have a second reading schedule. All I'm asking is that the Commission adopt 54. We
understand it has no meaning without 33, which you'll take up on second reading.
Vice Mayor Plummer: All right. What you're... Let me see if I understand. What you're
asking us to do is adapt 54, which does not become effective until the second reading, 30 days
after the second reading of 33-A.
Mr. Knox: Yes, sir.
Vice Mayor Plummer: Dawkins, do you have any objection to that?
Commissioner Dawkins: (Inaudible, speaking off microphone).
Vice Mayor Plummer: I have no objections to that.
Mr. Jones: Well, I... I'Il tell you, I have a problem.
Vice Mayor Plummer: All right.
Mr. Jones: Even though he says it would be a nullity, then you've got an approved agreement
here, and then... which is inconsistent with what the present Code is. So you got a nill... As far
as I'm concerned...
Vice Mayor Plummer: And how about if we get Mr. Knox and his group to give us an
agreement that they don't have a vested interest if 33-A doesn't pass?
Commissioner Dawkins: Why are you doing this to me, when I'm asking you to defer it until a
second reading? Why are you doing this?
Vice Mayor Plummer: Sir, I'm trying to work out a compromise.
Commissioner Dawkins: And I'm trying to let you know that we need to listen to the City
Attorney, sir.
Vice Mayor Plummer: Mr. City Attorney.
Mr. Jones: My recommendation is, as I indicated, that you wait until second reading, because
it's going to be null and void if you don't pass 33 on second reading.
Vice Mayor Plummer: Mr. Knox...
Mr. Odio: Excuse me, excuse me. From the business side of the proposition, there's nothing
wrong with...
Commissioner Dawkins: You know what? Mr. Man... I'm going to say this and be finished
with this, OK?
Mr.Odio: There's...
Commissioner Dawkins: Everybody up here does not know who's going to be reelected and
elected. They want to get this out of the way in case everybody is not here. That's what they're
trying to do.
141 October 26, 1995
Vice Mayor Plummer: I don't think there's any question in my case who's going to be reelected.
Mr. Odio: I tell you... I tell you why...
Vice Mayor Plummer: I have no question at all.
Mr. Odio: Hello? Commissioner Plummer, may I say... Please, sir.
Commissioner Dawkins: Well, then, do it like he told you to do it.
Mr. Odio: For the record, for the record, the reason we needed to pass this today is that we have
to start construction of the Melreese golf course during the seasons that won't be affecting their
income, their revenue. We need to do this today, and there's nothing wrong...
Mr. Jones: Yeah, but what I'm...
Mr. Odio: And I think...
Mr. Jones: Yeah, but there is... there is...
Mr. Odio: ... that if the second reason doesn't pass...
Mr. Jones: But there is... there is...
Mr. Odio: ... they know they don't have a contract.
Mr. Jones: There is something wrong with it, because if 33 comes back on second reading and
doesn't pass...
Vice Mayor Plummer: All right, hold it, hold it. I'm going to end it right now. The two of you
discuss the issue. We'll be back at five o'clock, and if you two can come up with some kind of a
compromise that benefits these, I have no objection. I didn't see anything wrong, if they will
give us a letter stating that they agree that if 33 doesn't pass on second reading, that they do not
have a vested right, whatever it is.
Mr. Odio: Commissioner, let me...
Vice Mayor Plummer: I'm cutting off discussion.
Mr. Odio: OK.
Vice Mayor Plummer: You, and the City Attorney, and Mr. Knox, and Mr. Korge are entitled to
do likewise. If there is something, we'll further discuss the issue at five. Mr. Knox, you got any
problem with that?
Mr. Knox: No, sir. I'll be glad to suggest a compromise at this point.
Mr. Jones: We're in the same situation as when we got...
Vice Mayor Plummer: Either that, sir, or I'm going to defer you. OK?
Mr. Jones: Same situation.
142 October 26, 1995
Mr. Knox: All right. If they... If...
Vice Mayor Plummer: Is there any other matter to come before this Commission until four -
thirty this afternoon when we convene?
Commissioner Gort: How about five?
Vice Mayor Plummer: No, we have to convene at four -thirty. Mr.... Please. The City Attorney
has advised us we must convene at four -thirty, as scheduled, and we can immediately go into
recess for a half hour. OK? Mr. Knox, thank you, sir. Mr. Korge, thank you, sir.
NOTE FOR THE RECORD: At this point, agenda item 54 was
tabled.
THEREUPON THE CITY COMMISSION WENT INTO RECESS
AT 11:50 A.M. AND RECONVENED AT 4:31 P.M., WITH ALL
MEMBERS OF THE COMMISSION, EXCEPTING
COMMISSIONER DE YURRE, AND MAYOR CLARK, FOUND TO
BE PRESENT.
----------------------------------------------------------------------------------------------------------------
69. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE EMERGENCY PROCUREMENT OF 200
1996 FORD CROWN VICTORIA PURSUIT SPECIFICATION VEHICLES.
(See label 71)
Vice Mayor Plummer: Pocket item, let's do them.
Commissioner Dawkins: I don't have one, the Manager's got one. I'll do it for the Manager.
Vice Mayor Plummer: Well, where is it? Bring it and let's do it.
Commissioner Dawkins: OK.
Vice Mayor Plummer: For the record, it is four -thirty-four p.m. in the afternoon, and we're
waiting for Commissioner De Yurre, and we are now going to take up pocket items.
Commissioner Dawkins, you are recognized.
Commissioner Dawkins: It's two of them or one?
Mr. Ron Williams (Assistant City Manager): No, no, just one. Just one item.
Commissioner Dawkins: OK. I have a resolution authorizing the purchase of 200 Ford police
pursuit cars. A resolution authorizing the emergency procurement... Uh-oh, we got to have
another vote, J.L.
143 October 26, 1995
f..04S
Vice Mayor Plummer: Four -fifths?
Commissioner Dawkins: Emergency...
Mr. Cesar Odio (City Manager): It's an emergency.
Commissioner Dawkins: I so move.
Vice Mayor Plummer: Mr. Gort seconds, but we're going to have to hold the vote until
Commissioner De Yurre arrives.
Commissioner Gort: My understanding, Commissioner Dawkins, is that one of the reasons for
doing this is because we got a better price from the Florida Sheriffs Institution, and if we put the
order before the 25th of November, we'll be saving four hundred dollars ($400) per vehicle. Am
I correct?
Mr. Odio: Yes.
Commissioner Dawkins: Yes, yes, yes, Commissioner, yes.
Vice Mayor Plummer: All right. While we're waiting...
Commissioner Dawkins: Can we do it with three votes?
Vice Mayor Plummer: No, you can't do an emergency with three votes. All right? OK.
Commissioner Dawkins: OK, well we'll hold it. We'll hold it.
Vice Mayor Plummer: Wait a minute, let me do mine.
Commissioner Dawkins: I said we'll hold this one.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
70. GRANT REQUEST BY CHURCH OF THE INCARNATION FOR CLOSURE
OF N.W. 54 STREET BETWEEN 18 & 19 AVENUES IN CONNECTION
WITH ITS DEDICATION EVENT (OCTOBER 28, 1995) -- GRANT REQUEST
FOR TWO FREE POLICE OFFICERS.
Vice Mayor Plummer: All right. Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Plummer: On Saturday, October the 28th, the Church of the Incarnation is having
the dedication of their new church.
Mr. Odio: Good luck.
144 October 26, 1995
Vice Mayor Plummer: They are requesting the closing of Northwest 54th Street between
Northwest 18th and 19th Avenue between nine a.m. and three p.m., and two officers from the
department free of charge.
Mr. Odio: We cannot donate anything to the church. It's by way of government and... But in
the street closure, can we give the police officers for free?
Commissioner Dawkins: Mr. Manager.
Mr. Odio: Free officers.
Commissioner Dawkins: Mr. Manager, why don't we... We can do this.
i
Mr. Odio: Yes, sir. ;
f
Commissioner Dawkins: We can close the streets...
Mr. Odio: That you can do.
Commissioner Dawkins: There are regular officers patrolling, and those regular officers
assigned to that area can be there and be stationed.
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Go right ahead, I'm sorry. Go right ahead.
Vice Mayor Plummer: Yeah, that's... That will do it.
Commissioner Gort: Mr. Plummer.
Vice Mayor Plummer: OK?
i
NOTE FOR THE RECORD: Commissioner De Yurre enters the
meeting at 4:37 p.m.
Commissioner Gort: Commissioner.
Vice Mayor Plummer: So I move that request from...
Commissioner Dawkins: Father Major.
Vice Mayor Plummer: ... Father Major.
Father Major: Thank you.
Vice Mayor Plummer: And I so move.
Commissioner Gort: Second.
Commissioner Dawkins: All right. It's properly...
145
Vice Mayor Plummer: Any opposition?
Commissioner Gort: Second.
Commissioner Dawkins: Call the roll.
Vice Mayor Plummer: Call the roll.
Commissioner Gort: Yeah, second, and discussion.
Vice Mayor Plummer: Sir.
Commissioner Gort: Second the motion. We can ask some of the police officers to... We can
ask some of the police officers to do volunteer time, also. They've done it in the past, and I
think they can do it again.
Vice Mayor Plummer: Well, hey, no, no. We're saying do it on -duty.
Mr. Odio: You better...
Commissioner Gort: OK.
Vice Mayor Plummer: Yeah, do on -duty.
Mr. Odio: May I suggest... OK.
Vice Mayor Plummer: Is Victor here?
Commissioner Dawkins: Yes. Commissioner.
Vice Mayor Plummer: Huh?
Commissioner Dawkins: Commissioner.
Vice Mayor Plummer: Sir.
Commissioner Dawkins: The Manager...
Vice Mayor Plummer: Show him the...
Commissioner Dawkins: ... has asked me to bring a pocket item to purchase 200 pursuit
automobiles...
Mr. Walter Foeman (City Clerk): Can we call the roll? Excuse me.
Commissioner Dawkins: ... saying that they need them as an emergency.
Vice Mayor Plummer: On the Incarnation?
Mr. Foeman: Yes.
Vice Mayor Plummer: Call the roll.
146
October 26, 1.995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-769
A RESOLUTION AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC DURING THE DEDICATION AND
CONSECRATION CEREMONY FOR THE NEW CHURCH FACILITIES OF THE
EPISCOPAL CHURCH OF THE INCARNATION ON SATURDAY, OCTOBER 28,
1995 BETWEEN THE HOURS OF 9:00 A.M. AND 3:00 P.M., SUBJECT TO THE
ISSUANCE OF PERMIT'S BY THE DEPARTMENTS OF POLICE AND FIRE -
RESCUE; FURTHER, APPROVING THE DEPLOYMENT OF ON -DUTY POLICE
OFFICERS TO POLICE SAID EVENT; SAID APPROVALS AND
AUTHORIZATIONS BEING CONDITIONED UPON THE ORGANIZERS PAYING
FOR ALL. COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT AN
OBTAINING INSURANCE, TO PROTECT THE CITY IN 'THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, emitted here and on file in the Off -ice of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
71. (Continued) AUTHORIZE EMERGENCY PROCUREMENT OF 200 1996
FORD CROWN VICTORIA PURSUIT SPECIFICATION VEHICLES (USING
FLORIDA SHERIFFS ASSOCIATION COOPERATIVE BID NO. 95-03-
0925) -- FROM DON REID FORD -- ALLOCATE $4,182,200 -- AUTHORIZE
MANAGER TO NEGOTIATE WITH VARIOUS VENDORS FOR MOST
FAVORABLE FINANCING, AND TO EXECUTE NECESSARY
DOCUMENTS. (See label 69)
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: OK. I read this as an...
Commissioner De Yurre:- They didn't put can the TV yet, Cesar.
Commissioner Dawkins: OK.
Commissioner Gort: Second.
Commissioner Dawkins: This is an emergency to purchase 200 cars. It was moved by me.
Mr. Walter Foeman (City Clerk): it's a resolution.
Commissioner Gort: Oh, a resolution. OK.
Commissioner Dawkins: OK. Call the roll, please.
Vice Mayor Plummer: This is an emergency item requiring four -fifths votes. Go ahead.
Mr. Foeman: I need a seconder.
Commissioner Dawkins: It's been...
Commissioner Gort: Second.
Vice Mayor Plummer: Moved by Dawkins. Seconded by Gort.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-770
A RESOLUTION AUTHORIZING THE EMERGENCY ACQUISITION OF 200-1996
FORD CROWN VICTORIA PURSUIT SPECIFICATION POLICE VEHICLES,
UTILIZING FLORIDA SHERIFFS ASSOCIATION COOPERATIVE BID NO. 95-03-
0925, FROM DON REID FORD, AT A TOTAL PROPOSED COST OF $4,182,200;
ALLOCATING FUNDS THEREFOR FROM AN ACCOUNT TO BE IDENTIFIED BY
THE DIRECTOR OF FINANCE; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE WITH VARIOUS VENDORS FOR THE MOST FAVORABLE
FINANCING TERMS AND CONDITIONS, IN THE BEST INTERESTS OF THE
CITY AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID
ACQUISITION; FURTHER, AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Plummer: All right. Can we...
Commissioner Dawkins: Two roll calls. This is an emergency.
Mr. Foeman: Is it a resolution?
Vice Mayor Plummer: Yeah. Second roll... Well, no, no. A resolution doesn't need a second
roll call.
Mr. Foeman: We don't need two roll calls on a resolution.
----------------------------------------------------------------------------------------------------------------
72. (Continued) APPOINT ALICIA BARO AS A MEMBER OF TUCOM (THE
UNITY COUNCIL OF MIAMI). (See label 63)
Commissioner Gort: I'd like to confirm - I think it was confirmed before - but the Mayor told
me that the TUCOM (The Unity Council of Miami) Board of Directors, he had named Alicia
Baro, TUCOM.
Vice Mayor Plummer: I thought you put in Arboleya before.
Commissioner De Yurre: Yeah, but this is the Mayor's appointment. TUCOM.
Vice Mayor Plummer: Oh, yeah.
Commissioner De Yurre: It has something to do with the bingo and the Seminole...
Commissioner Gort: More or less. It's a combination of all of it.
Vice Mayor Plummer: All right, let me ask this question.
Commissioner Gort: The Unity Council of Miami.
149 October 26, 1995
Vice Mayer Plummer: Are the people of the mental health reedy to be heard? I know some of
them are here.
Commissioner Gort: Excuse me, sir. From my understanding, I understand we need to call the
roll on that.
Vice Mayor Plummer: On which one now?
Commissioner Gort: On the confirmation of...
Vice Mayor Plummer: On TUCOM.
Commissioner Dawkins: TUCOM.
A. Quinn Jones, III, Esq. (City Attorney): TUCOM.
Commissioner Gort: TUCOM. The appointment of the Mayor was Alicia Baro.
Vice Mayor Plummer: Fine. There's a motion made by Dawkins - by the Mayor and seconded
by Gort on TUCOM. Would you do the TUCOM roll call.
Mr. Odio: Do the TUCOM.
Commissioner Dawkins: You did these, didn't you?
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-771
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
BOARD OF DIRECTORS OF THE UNITY COUNCIL OF MIAMI ("TUCOM") FOR
TERMS OF OFFICE AS SPECIFIED HEREIN.
150 October 26, 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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
73. (Continued) ACCEPT PROPOSAL.: SELECT BUNKERS OF MIAMI, INC. AS
SOLE QUALIFIED RESPONDENT TO REQUEST FOR QUALIFICATIONS
(RFQ) AUTHORIZED BY CITY COMMISSION (RESOLUTION 94-584) --
FOR MANAGEMENT / OPERATION (INCLUDING ANY REQUIRED
CONSTRUCTION / RENOVATION) OF MELREESE MUNICIPAL GOLF
COURSE -- AUTHORIZE MANAGER TO EXECUTE AGREEMENT AND TO
ENGAGE IN COMPETITIVE NEGOTIATIONS FOR PROCUREMENT OF
ALL SERVICES NECESSARY TO COMPLETE RENOVATIONS --
ALLOCATE $3,900,000 FROM THE SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION, SECONDARY LOAN POOL. (See label 68)
Commissioner Dawkins: What's the Manager... What you need now, man?
Mr. Odio: No, I need to go home.
Commissioner Dawkins: Bye.
Vice Mayor Plummer: You may have to.
Commissioner De Yurre: Not yet. We need you here for the five -thirty item on the police.
Mr. Odio: Oh, no, I have the Melreese.
Vice Mayor Plummer: OK. All right. Let me ask this question.
Mr. Odio: Can we do the Melreese?
Vice Mayor Plummer: Are the people from the mental health... Excuse me?
Commissioner De Yurre: Melreese also.
Mr. Odio: Can we do the Melreese?
Vice Mayor Plummer: As far as I'm concerned, I had instructed you folks to get together.
151
October 26, 1995
f
Mr. Odio: I understand that it has been worked out in a language that would be acceptable to the
City Attorney.
Vice Mayor Plummer: All right.
Mr. Odio: So if we... And it's acceptable to...
Vice Mayor Plummer: Have you given to the City Attorney whatever is...
Ms. Christina Cuervo (Assistant City Manager): On Melreese.
Mr. Odio: It says that - a special termination clause - that this agreement should be null, void
and terminated without the operator having any right, claim or damages from the City, if the City
does not adopt Ordinance Number 33-A or... No, it was item 54.
.. Ms. Gxervo: Three.
Mr. Odio: 'Thirty -three -A.
Ms. Cuervo: Thirty -three -A was the ordinance.
__Mr..Odio:.... on or before April 30 of 1996.
Commissioner Dawkins: May I put in the record...
Vice Mayor Plummer: OK.
Commissioner Dawkins: OK. Before you...
Vice Mayor Plummer: Now, that's item 54.
Ms. Cuervo: Right.
Vice Mayor Plummer: OK?
Commissioner Dawkins: May I put... May I put in the...
Vice Mayor Plummer: Now questions.
Commissioner Dawkins: No. I have a statement.
Vice Mayor Plummer: Statement.
Commissioner Dawkins: You know, sometimes you have to learn to give and take. I sincerely
hope that as long as I am here that George Knox and Chris Korge do not ever come before this
Commission and need my vote, because they will not get it. I want to put that in the record.
Vice Mayor Plummer: That is so noted. And two years from today, you can maybe come back,
and maybe you can't. All right.
Commissioner De Yurre: I don't see him laughing.
Vice Mayor Plummer: Is there a motion?
152 October 26, 1995
Commissioner De Yurre: Move it,
Vice Mayer Plummer: Is...
Commissioner De Yurre: Move 54.
Vice Mayor Plummer: Moved 54. Mr. Gort seconds on 54,
Mr. Jones: As amended.
Commissioner Gort: As amended.
Vice Mayor Plummer: As amended. OK.
Mr. Odio: There's another item from this morning.
Vice Mayor Plummer: Can we finish 54?
Commissioner De Yurre: Well, can we vote on this first, or what?
Vice Mayor Plummer: Young lady, young lady, would you tell him to leave, please. I mean...
Would you call the roll on item 54, the Korge and Knox relief bills.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-772
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PROPOSAL AND
SELECTING BUNKERS OF MIAMI, INC., ("BUNKERS") AS THE SOLE
QUALIFIED RESPONDENT TO THE REQUEST FOR QUALIFICATIONS
AUTHORIZED BY THE CITY COMMISSION PURSUANT TO RESOLUTION NO.
94-584, ADOPTED JULY 26, 1994, FOR THE MANAGEMENT AND OPERATION,
INCLUDING ANY REQUIRED CONSTRUCTION OR RENOVATION OF THE
MUNICIPAL GOLF COURSE FACILITY KNOWN AS MELREESE GOLF COURSE;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
BUNKERS, 1N SUBSTANTIALLY THE ATTACHED FORM, PROVIDED T14AT
THE AGREEMENT SHALL BE NULL AND VOID AND SHALL TERMINATE
WITHOUT ANY LIABILITY TO THE CITY ON THE PART OF BUNKERS IN THE
EVENT THAT THE ORDINANCE UNDER ITEM 33A OF THIS AGENDA IS NOT
ADOPTED BY THE CITE` COMMISSION ON OR BEFORE APRIL 30, 1996;
FURTHER AUTHORIZING THE CITY MANAGER, DUE TO TIME CONSTRAINTS
INHERENT IN THE TYPE OF RENOVATIONS CONTEMPLATED HEREIN, TO
ENGAGE IN COMPETITIVE NEGOTIATIONS FOR THE PROCUREMENT OF ALL
SERVICES NECESSARY TO COMPLETE THE RENOVATIONS SUBJECT TO
COMPLIANCE WITH APPLICABLE CITY CHARTER AND CODE PROVISIONS;
ALLOCATING FUNDS FOR CONSTRUCTION OF THE IMPROVEMENTS, IN AN
AMOUNT NOT TO EXCEED $3,900,000, FROM THE SUNSHINE STATE
GOVERNMENTAL FINANCING COMMISSION, SECONDARY LOAN POOL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
74. GRANT REQUEST FROM CODEC, INC. FOR DEFERMENT OF LOAN
PAYMENT DUE TO THE CITY FOR MELROSE TOWNHOMES PROJECT -
PHASE II AND FEASIBILITY OF PHASE III, SUBJECT TO PROVISOS.
Vice Mayor Plummer: All right. You have another item from this morning.
Mr. Cesar Odio (City Manager): Yes, sir, and I see them here. I don't know why they are here
now, but they missed the agenda...
Vice Mayor Plummer: What is the item?
Mr. Odio: This is... what do they call... called Codec.
Unidentified Speaker: It was Codec.
Vice Mayor Plummer: We deferred that until the next meeting.
Mr. Odio: Codec.
Vice Mayor Plummer: But wait a minute, now, hold on. We've got time here. I just don't have
my morning agenda.
Mr. Odio: I wanted to tell him on the record, if you want to take it up, that they shouldn't be
here until they bring us the other reports we requested. We, the staff has been requesting of
Guarione, for months, other reports, and we never obtained them. And we cannot recommend
anything until we see them. But we just got them. If you just got them, it's not fair to put the
staff in a position to have to recommend something. We have been asking for the other reports
for months.
Vice Mayor Plummer: Mr. Manager, what are you telling us?
Mr. Odio: That we should defer this.
Vice Mayor Plummer: Just for the record, item 20 is Mr. Jose Fabregas, executive director from
Codec, to address the Commission regarding repayment of a loan to the City of Miami for
Melrose Townhouse Project Phase II and feasibility of Phase III.
154 October 26, 1995
Mr. Odio: I will tell you, in principal, I have no problem, I have no problem in helping them.
They have a very good project on their hands.
Vice Mayor Plummer: OK. Can I make this suggestion?
Mr. Odio: But it's not right to put us in a position to recommend without the other reports.
Vice Mayer Plummer: That I would accept a motion at this time, if the Manager would be quiet,
that we approve the payment of the loan subject to the Manager's approving the audit.
Mr. Odio: Wait, because I see him making all kinds of body language there. I... We've been
asking for the reports for months. It would have been easier if we had obtained them, and then
we wouldn't be going through this now.
Mr. Juan M. Delgado: As long as everybody is aware, there's 54 units...
Vice Mayor Plummer: Excuse me. For the record, your name and mailing address.
Mr. Delgado: Juan M. Delgado, 7380 Northwest 77th Court, Medley, Florida. As long as
everybody knows there has been 54 units unoccupied, sold, and we cannot close those units.
These people cannot close those units. I finished the units two or three months ago.
Mr. Odio: As a matter of... Please. And I have a lot of respect for you. Why didn't they bring
the reports when we asked them for it? We wouldn't be arguing this now.
Mr. Delgado: I'm just the contractor. I just want to clarify...
Vice Mayor Plummer: Why are we standing here in public arguing this matter?
Commissioner Dawkins: When the Manager has...
Vice Mayor Plummer: Excuse me. Codec, would you - no, no, listen to me.
Mr. Delgado: Yes, sir.
Vice Mayor Plummer: You go sit with the Manager now, and you come back united to this
Commission, after you have resolved between the two of you what is necessary to be done. Mr.
Manager, Mr. Manager, we're going to be here. I'd ask you to please take them into your private
office, sit down between the two of you...
Mr. Odio: No... J.L., look, I would love to do this, but it's a matter...
Vice Mayor Plummer: Excuse me. You come back and recommend to us what to do. I'm not
going allow you all to stand up here and argue.
Mr. Odio: I just did.
Vice Mayor Plummer: OK?
Mr. Odio: I just did. That...
Commissioner Dawkins: The Manager just told you he's not going to do it.
155 October 26, 1995
Vice Mayor Plummer: Look, if the problem is the audit, why can't...
Mr. Odio: Now, I think... See, it's a matter of respect for staff. Now, when we ask for
something...
Vice Mayor Plummer: If I put them at your mercy...
Mr. Odio: ... we never get it. And then they come here and they get whatever they want. Then
why do we have staff? It's that simple. It's that simple.
Mr. Delgado: Mr. Manager, we reached an agreement with staff. We reached an agreement
with staff this morning, and we're all ready to go, and staff...
Mr. Odio: You forgot to make an agreement with me.
Vice Mayor Plummer: All right, all right. Excuse me. I'm going to make a motion.
Mr. Delgado: Yes, sir.
Vice Mayor Plummer: You ready? My motion is going to be that this matter is approved at
such time as the City Manager finds acceptable to him the audit that has been surrendered this
morning. Now, if that's tomorrow morning, the matter is resolved. If it's not, then he'll get
back to you. But, in other words, you don't have to bring it back here unless he says...
Mr. Odio: Well, if you're going to do that, then you better listen to what they're asking.
Vice Mayor Plummer: No, no. I'm saying, subject to your approval. If you don't approve, they
got to come back.
Commissioner De Yurre: No. J.L., J.L., quickly. What are you asking for?
Mr. Odio: You better listen to what they're asking for.
Mr. Delgado: Sir, we've reached... We've reached an agreement with staff...
Commissioner De Yurre: Saying what?
Mr. Delgado: ... and staff is ready to prepare an agreement, and is ready to tell you what we're
asking for. We're asking for relief from Phase I and Phase II, for relief from the mortgage that
we have right now, the debt outstanding. But we're not getting out of the project. In other
words, we're trying to ask right now for relief. We've agreed with... for five hundred thousand
dollars ($500,000). OK? And what we want to do is, we want to close for those people which
already won their units. They have been approved by Barnett, and they have been approved by
surtax, and they need... Otherwise, their commitments are going to be re... They have to be
rescheduled through Barnett Bank.
Mr. Odio: Let me translate that.
Mr. Delgado: Yes, sir.
Mr. Odio: They asking for a forgiveness of eight hundred thousand dollars ($800,000). Did you
hear that, Mr. Vice Mayor?
Mr. Delgado: Five hundred thousand, sir.
156 October 26, 1995
Commissioner De Yurre: They still have to build another 50 units.
Mr. Odio: That's correct.
Vice Mayor Plummet: All right.
Commissioner De Yurre: How's that?
Vice Mayor Plummer: Mr. Gort, Commissioner Gort.
Commissioner Gort: I want to hear the whole thing.
Mr. Odio: OK. Put it in. Make what they want.
Vice Mayor Plummer: You want to hear it today or you want to hear it next month?
Commissioner De Yurre: Hey, we're listening right now, so let.'s get it over and done with.
Commissioner Gort: Let's hear it now. We got time.
Vice Mayor Plummer: That's what I want, to get it over with.
Mr. Frank Castaneda: OK. Commissioners, they have submitted a certified statement, basically,
asking for about eight hundred thousand dollars ($800,000) worth of relief. In our discussions
with them this morning, we felt that we could not agree with that figure, that we were arguing a
figure of approximately half a million dollars. It was basically the result of the hurricane, during
Phase 1, which basically stopped the project, and in Phase II, the new codes caused an increase in
the project. We believe that we can substantiate approximately half a million. Since we have a
gap of about two hundred and some thousand dollars difference, basically, what we're arguing is
that we should not enter into that issue at this time.. Basically, they have sold the houses.
Basically, they are paying for security out there right now. And basically, the units will
deteriorate if we do not permit closings to occur. This would only cause increased cost to the
project, and possibly...
Commissioner Gort: Future loss.
Mr. Castaneda: ... further damage to our possession. What we are suggesting would be that the
City would enter into an agreement with the escrow agent to collect all funds from the sale of the
apartments after paying off the first and the second mortgage. We are in the third possession,
and what we are saying is, let the sales take place, let the money go to the first mortgage, let the
money go to the second mortgage, and we'll keep whatever is left. We'll do audits, and then
we'll work out the numbers during this time, and then we'll come here, and we'll look at the gap
for Phase II1. In addition to that, if we decide to go with some other entity to do Phase I11, we
want to have that ability. So we want Codec to assign ownership of their plans for Phase III to
the City of Miami. And again, concerning Phase III, we want to make sure that we have a sales
price for the units before we start construction, and that we have a fixed cost determination from
the contractor as to how much money it's going to cost, per unit, so when we can come here, we
know exactly what we are getting into. I think the problem that we have is that we really did not
know what we were getting into when we started.
Commissioner De Yurre: OK. Let me ask this. How much do they owe us per unit in the
second phase?
157 October 26, 1995
Mr. Castaneda: About twenty, twenty-two thousand dollars ($22,000).
1
Commissioner De Yurre: Per unit.
Mr. Castaneda: Per unit, which includes the deferral from the first phase.
Commissioner De Yurre: Is there any way that we can take that money... You see, my concern
is I want to make sure this thing; gets built out. That not... We already have one phase built.
There's a second phase built now that has... people have not yet closed...
Mr. Castaneda: Right.
Commissioner De Yurre: ... closed on it. And then there's a third phase that needs to be built.
Mr. Castaneda: Correct.
Commissioner De Yurre: What I would like to see is some kind of situation wherein if it is true
that we need to give them some relief so they can complete the project, that we can hold... that
we can give these releases on these units, but we hold back some money in escrow.
Mr. Castaneda: Well, that's exactly what we're suggesting. We're saying...
Commissioner Gort: That's what he's saying, what he's recommending.
Commissioner De Yurre: How much are we talking about?
Mr. Castaneda: Well, they're saying; that we would get about four hundred and fifty thousand
dollars ($450,000). That...
Mr. Delgado: Five hundred and forty thousand.
Mr. Castaneda: Five hundred and forth thousand. I flipped the figures. Five hundred and forty
thousand dollars ($540,000).
Mr. Delgado: Right.
Commissioner De Yurre: OK. So for us... 22 times 50? You're talking about over a million
dollars.
Mr. Castaneda: No. Five hundred and forty thousand dollars ($540,000) total.
Commissioner De Yurre: How many units?
Mr. Castaneda: Fifty-four units.
Commissioner De Yurre: Times 22,000?
Mr. Castaneda: Oh. We would have received about one point two million dollars ($1.2 million).
Commissioner De Yurre: OK. So of that, you're saying let's hold back how much? Five
hundred thousand?
Mr. Castaneda: Five hundred and... Well, we would collect everything that goes into the escrow
account. We're saying that that figure should be around five hundred and forty thousand dollars
($540,000).
158 October 26, 1995
k
Commissioner De Yurre: OK.
Mr. Castaneda: We're saying that we will...
Commissioner Gort: You still have five hundred left.
Mr. Castaneda: ... study what other monies are out there that we might be able to get our hands
on to reduce. the amount of the subsidy, and we'll give you a report. before we get into Phase III.
We will also find out exactly how much money we're going to get as sales price for the unit, and
how much money it's going to cost to build those units, and we'll tell you. We'll come here and
we'll tell you this is the amount of the gap. Either we proceed with them with Phase III, or we
look for another developer, or we'll do something else.
Commissioner De Yurre: Well, but, you see, I'm not in a position to give any breaks if they're
not going to conclude Phase III, because then there's no purpose in this, so I might as well take it
over right now.
Mr. Jose Fabregas: We have intention of proceeding with Phase III, but...
Commissioner De Yurre: OK. But that's what I want... I want to see this group - and I think
they've done a great job with the first phase - I want to see... And the second phase looks just as
good. I want to see them go ahead and complete this project. But I want to make sure that we
have the ability to withhold enough monies to entice them, and to make sure that they do finish
Phase III, and not just walk away after Phase II, and then we have to run around looking for
somebody to finish the project, which is totally ludicrous.
Mr. Castaneda: Well, Commissioner, we will collect all the monies that are available under the
plan that I am proposing, aside from that money that goes to the first and the second mortgage
holder.
Commissioner De Yurre: So the developer doesn't get a penny.
Mr. Castaneda: Not a penny.
Mr. Fabregas: No, sir.
Commissioner De Yurre: OK. And we will hold that money until such time as?
Mr. Castaneda: No. That becomes our money.
Commissioner Gort: It's ours, it's ours.
Commissioner De Yurre: OK. And you guys are in agreement with that?
Mr. Fabregas: Yes, sir, we're in agreement with that.
Commissioner De Yurre: OK. So what is the issue?
Commissioner Gort: I got a question.
Mr. Odio: The issue was not the numbers, because I want them to go ahead with the project.
The issue was a matter of respect to staff, that when they ask for something, when they have the
City monies involved, or Federal monies, which they should respond to. That was all. I want
them to go ahead with Phase III, but I think they should get a message.
159 October 26, 1995
Commissioner De Yurre: All right. But I don't need egos to get involved in this, guys, you
know.
Mr. Odio: No, it's not a question of ego, Commissioner. It's a question of that we need to get
response.
Commissioner De Yurre: I'm sure that they... Everybody respects each other here. We've
known each other for many years, and we've done a lot of good things.
Mr. Odio: When we ask for an audit report, we need to get them.
Commissioner De Yurre: Have you gotten it?
Mr. Fabregas: Yeah. Mr. Manager...
Mr. Odio: This morning.
Commissioner De Yurre: This morning.
Mr. Fabregas: Yeah. We're very sorry, Mr. Manager, that our accounting firms...
Mr. Odio: That's fine, that's fine. I've made my point.
Mr. Fabregas: Thank you, sir.
Vice Mayor Plummer: Mr. Gort has a question.
Commissioner Gort: My question is, do we have the documentation to make sure that on the
third phase, we are tied up, and we have the commitment?
Mr. Castaneda: No, no, we don't, but I'll tell you this, Commissioner.
Commissioner Gort: But... but...
Mr. Castaneda: We will not release our first possession on that land until we know that the
project can be completed for an amount of money... an acceptable amount of money.
Commissioner Gort: My question is, is there a way that we can tie - if we make a motion today
and we pass it - is there a way that we can tie on the third phase?
Mr. Castaneda: Sure. No, because what happens, OK...
Commissioner Gort: OK. That's what I want to know. The second thing is, I can understand
the point of view of the Manager and the Administration, Commissioners. There are a lot of
people that when they come to the Administration, and they talk to the Administration, if they
don't like what they hear, right away, they want to come to us, and they want us to overrule.
And I don't have any problem in overruling some of the decisions of the Administration, but I
think if we have Administrators in there, we have to follow them, and we've got to work with
them. 'That's why we pay them. We pay them a pretty good salary. So I don't think it's a
matter of ego. I think it's a matter of the right way to do it. I think we all want to see this
project done. I've been there, I've visited the project. They had a few problems there. They
have police and NET (Neighborhood Enhancement Team) working very closely with them. I
think it's a great project, and I hope we can do it some other place. But I also want to make sure
we have it cleared up...
160 October 26, 1995
Vice Mayor Plummer: Make a motion.
Commissioner Gort: So move.
Commissioner De Yurre: Wait, no. I'm still not clear...
Vice Mayor Plummer: Commissioner De Yurre.
Commissioner De Yurre: ... in that you've not yet told me that they're committed and that we
have them where we want them, to make sure they build out Phase III.
Mr. Odio: They are committed to build.
Commissioner De Yurre: How are they committed to build?
Mr. Fabregas: Commissioner, we've improved the land for Phase III.
Mr. Odio: They have already...
Mr. Fabregas: We already have three hundred thousand dollars ($300,000) included into the
Phase III of the project. OK.
Mr. Odio: And I have to say, the project is a very, very, very nice project. I have been there and
I...
Commissioner De Yurre: We're all in agreement with that.
Mr. Odio: And... And we need them to go ahead and do Phase III. There's a need for that.
Commissioner De Yurre: Are you comfortable, City Attorney? Hello? We are comfortable that
they are legally committed to finish out this Phase III?
Mr. Fabregas: Yes. We have a mortgage on the...
Vice Mayor Plummer: Sir, he asked the City Attorney.
Mr. Fabregas: Excuse me, sir.
Mr. Joel Maxwell (Deputy City Attorney): I haven't personally worked on this, Commissioner,
but it's my understanding that that's the case.
Commissioner De Yurre: OK. Now, the thing is, what do they stand to lose, if they don't build
out Phase III?
Mr. Odio: Let me make clear this point here. I think they... You need to say this on the record.
I think what you're really saying, you'll go ahead with Phase III, depending on the subsidy that
you get.
Mr. Fabregas: Exactly.
Mr. Odio: So you better tell them that.
Mr. Fabregas: No, we... Not only that, Mr. Castaneda was also saying that we are going in front
of the Surtax Board to ask for the maximum amount of sales price for those units, without trying
161 October 26, 1995
to hurt the type of families that we're serving. NO... Besides that, we're trying to get some more
surtax monies to help us in the construction of the project. After we get all that, what we're
trying here is that we're going ahead with staff and bringing everything up to staff so they can
recommend to the Commission that we can proceed to Phase III.
Mr. Odio: What we should do is when you go to the Surtax Board and you know how much
money you're getting, then we will bring that agreement back here for the Commission.
Mr. Fabregas: That's exactly, sir.
Mr. Odio: Is that acceptable, Guarione?
Mr. Fabregas: It's acceptable, Sir.
Commissioner De Yurre: Question. If they walk away from Phase III, what do they lose?
Mr. Odio: Nothing.
Commissioner De Yurre: Nothing. So there is no reason for them to stay, if they don't want to.
Mr. Odio: Well, they have spent over - what? - three hundred thousand dollars ($300,000).
Mr. Fabregas; No, we spent three hundred and thirty thousand dollars ($330,000) into the
infrastructure. Besides, our condominium documents state that we have, so we... There's a lot
of legal technicalities that we have to go through.
Mr. Odio: I really do believe, especially I know Guarione, and the others that are involved, that
they mean to do what they're saying they will do.
Commissioner Gort: I don't know about the mentioned, Guarione.
Mr. Odio: So we have to bring the... I think the best way to do it is to... Once you know the
surtax, how much they have given you, and then we bring the agreement back to you here.
Vice Mayor Plummer: I have one question.
Mr. Fabregas: Yes, sir.
Vice Mayor Plummer: If, for whatever reason, they do not proceed with Phase III, does that
property automatically come back to the City, and that is understood?
Mr. Odio: We own the land.
Vice Mayor Plummer: In spite of the three hundred thousand you've already spent, it becomes a
regalia.
Mr. Fabregas: It is in the agreement with the City of Miami that that property, improved, will
come back to you, and it has a present value of six hundred and ninety thousand dollars
($690,000), through an appraiser.
Vice Mayor Plummer: But I don't want you to come back and say, hey, here's a bill for the
money we spent.
Mr. Fabregas: No, sir. We can't.
162 October 26, 1995
Vice Mayer Plummer: OK.
Commissioner De Yurre: Now, are there any outstanding mortgages on Phase III?
Mr. Fabregas: Only the City of Miami.
Mr. Odin: No, only the City.
Commissioner De Yurre: Only us. And how much is left of what they owe us?
Mr. Odio: What's the amount?
Mr. Castaneda: Well...
Mr. Odio: Just think before you say it now.
Commissioner De Yurre: Think well, please.
Mr. Castaneda: Every phase, they have to pay us five hundred and eighty-three thousand dollars
($583,000).
Commissioner De Yurre: OK. And did they pay us for the first phase?
Mr. Castaneda: They did not pay us for the first phase. That is the problem that we are
encountering now, because they would have to pay us...
Mr. Odio: One point five million dollars ($1.5 million).
Mr. Castaneda: ... it's one million one hundred and sixty-six thousand dollars ($1,166,000) at
the end of Phase II.
Commissioner De Yurre: OK.
Mr. Castaneda: They are unable to pay that amount of money, and we are unable to determine
exactly what amount they can pay. However, we know that they can give us four hundred and
fifty thousand dollars ($450,000).
Mr. Fabregas: Five hundred and forty.
Vice Mayor Plummer: Five forty.
Mr. Castaneda: Five forty, again.
Vice Mayor Plummer: Whose side are you on?
Mr. Castaneda: I am dyslexic today.
Commissioner De Yurre: OK.
Mr. Castaneda: Five hundred and forty thousand dollars ($540,000). And if they can give us
five hundred and forty thousand dollars ($540,000), we're trying to determine how high above
that figure we can go.
163 October 26, 1995
\,
Commissioner De Yurre: OK. So theoretically, they give you five -forty, they're off the hook
for six hundred thousand. Is that correct.?
Mr. Castaneda: No, we're.... No. We're not saying that.
Commissioner De Yurre: It's going to roll over to the third phase?
Mr. Castaneda: We're going to... What we're saying to you is that once we determine what is
the price of the units that they can get from surtax, once we know we have a contract with the
contractor to determine how much is going to be their debt, their hard cost for the project, we're
going to tell you, this is how much money they need, this is the amount of subsidy that we need
to provide for this entire project. The City Commission will either approve it or reject it.
Commissioner De Yurre: OK.
i
Vice Mayor Plummer: All right.
Commissioner De Yurre: Again, just...
Vice Mayor Plummer: Have we got a motion?
Commissioner De Yurre: dust to be clear on this.
Vice Mayor Plummer: All right.
Commissioner De Yurre: OK? They owe us one point five, approximately.
Mr. Castaneda: Right, right.
Commissioner De Yurre: It's round figures.
Mr. Castaneda: Right.
Vice Mayor Plummer: Yeah.
i
Commissioner De Yurre: They're going to give us five -forty now.
Mr. Castaneda: Right.
Commissioner De Yurre: They're going to owe us the balance.
Mr. Castaneda: Right.
Commissioner De Yurre: And we're supposed to recuperate that money from the third phase?
Mr. Castaneda: No. I don't believe that we're going to be able to recuperate all that money.
I'm hoping to recuperate at least an additional two hundred thousand dollars.
Commissioner De Yurre: And so the most that we can expect to recuperate is two hundred
thousand, if the third phase gets built out.
Mr. Castaneda: Right now, I'm projecting a half a million dollar loss in our funds.
Commissioner De Yurre: OK. What funds are these?
164 October 26, 1995
Mr. Castaneda: They're housing bond funds.
Commissioner De Yurre: Where did this money come from?
Mr. Castaneda: It came from a...
Commissioner De Yurre: General fund money? Federal fund...
Mr. Castaneda: No. It came from a housing bond issue of the City of Miami of 1976.
Commissioner Dawkins: J.L.
Vice Mayor Plummer: Yes, Commissioner Dawkins,
Commissioner Dawkins: Mr. Castaneda, through the Manager to you. When the first phase was
completed, we were supposed to receive how many dollars per unit?
Mr. Castaneda: Five hundred and eighty-three thousand dollars ($583,000).
Commissioner Dawkins: Per unit?
Mr. Castaneda: No, no. Total, total.
Vice Mayor Plummer: He asked the question, per unit.
Mr. Castaneda: Eleven thousand dollars ($11,000).
Commissioner Dawkins: Per unit?
Mr. Castaneda: Eleven thousand six hundred ($11,600) per unit.
Commissioner Dawkins: OK. That was out of the first phase.
Mr. Castaneda: That's correct.
Commissioner Dawkins: First phase was completed. They did not pay the eleven thousand per
unit.
Mr. Castaneda: That is correct.
Commissioner Dawkins: OK. Now, we're into the second phase.
Mr. Castaneda: Right.
Commissioner Dawkins: OK? Now, during the first phase, this Commission, for some reason,
wavered, deducted, or did something and told them...
Mr. Castaneda: It passed the payment of the first phase to the second phase.
Commissioner Dawkins: No, you did... You told them a part of it.
Commissioner De Yurre: No. All of it.
165 October 26, 1995
Mr. Castaneda: All of it.
Commissioner Dawkins: You told... All right. You put all of the first phase into the second
phase.
Mr. Castaneda: That's correct.
Commissioner Dawkins: But they were supposed to pay all the sec... OK. So therefore, we're
due eleven thousand dollars per unit out of the second phase.
Mr. Castaneda: Plus the other eleven, so that's why it comes to twenty-two.
Commissioner Dawkins: OK. So now... OK. How many units in the first phase?
Mr. Fabregas: Fifty.
Mr. Castaneda: Fifty even, 54 in the Phase II.
Commissioner Dawkins: All right, Phase II. So 104 units, they owe us eleven thousand dollars
($11,000) per unit.
Mr. Castaneda: That is correct.
Commissioner De Yurre: And six hundred, eleven -six.
Commissioner Dawkins: And we... We said... We said that we'd roll over...
Vice Mayor Plummer: Excuse me. Commissioner Dawkins, excuse me. Can we extend the
courtesy to the Commissioner, please? Thank you.
Commissioner Dawkins: So therefore, we, for the lack of a better word, rolled over the first
phase into the second phase.
Mr. Castaneda: Correct, sir.
Commissioner Dawkins: So there's no discussion on the first phase, because you rolled it into
the second phase.
Mr. Castaneda: That's correct.
Commissioner Dawkins: OK? OK? So now, they're saying to us that if you allow us to sell the
second phase, we will pay you for the first phase, which you rolled into the second phase, and
we'll pay you for the second and the third phase after we sell the third phase. Is that what we're
saying?
Mr. Castaneda: No, Commissioner.
Commissioner Dawkins: Well, what are we saying then?
Mr. Castaneda: What we're saying is that we will collect at least five hundred and forty
thousand dollars ($540,000) from this phase, because we're going to control the escrow in the
deal that we're making with the escrow agent. Now, they are going to determine how much
money they're going to sell those units for from surtax. We're going to determine how much it's
going to cost to build, and I'm going to come here to the City Commission and tell you, the gap
166 October 26, 1995
is "X" amount of money. And we're going to have to forgive somewhere between five hundred
and seven hundred thousand dollars.
Commissioner Dawkins: We do this every day. What's the problem?
Commissioner De Yurre: Well, the problem is, I want to make sure that they finish the project,
to begin with.
Commissioner Dawkins: That's what... We're saying... OK. That's what I'm trying to get to,
Commissioner De Yurre. We all know we need housing. OK?
Mr. Odio: Correct.
Commissioner Dawkins: See, but we also know that if we do not, as J.L. Plummer continues to
say, Mr. Manager, and as you're trying to say, put the money back into the fund, eventually, the
fund dries up.
Mr. Odio: That's right.
Commissioner Dawkins: OK? So that's all I'm trying to say, is once they get through the third
phase, which Commissioner De Yurre is saying they've got to assure him that they are going to
build before we even move on this, is that you have the money to put back into the housing fund.
That's what I'm trying to say. That's what we... Isn't that where we're headed?
Commissioner Gort: Yes.
Mr. Odio: Yes, sir. Yes, sir. But we're recommending this, provided we have to bring the
agreement back, after they get the approval of the surtax monies, and then we'll know what
we're talking about.
Mr. Fabregas: For the prices.
Mr. Odio: That... It's very simple, once we know what... the subsidies they're getting.
i
Vice Mayor Plummer: Mr. Manager, do you recommend this?
Mr. Odio: Yes.
Vice Mayor Plummer: All right.
Mr. Odio: With the caveat that I will bring the agreement back once they tell us what monies
they received from the surtax.
Vice Mayor Plummer: That will be fine, sir.
Commissioner Gort: Move it.
Vice Mayor Plummer: Moved by Commissioner Gort.
Commissioner De Yurre: Second.
Vice Mayor Plummer: Seconded by Commissioner De Yurre. Is there any further discussion?
If there is, I'll shoot somebody.
Mr. Fabregas: Thank you.
Vice Mayor Plummer: Is this a... What was it? This was a personal appearance, so it's a
resolution.
Ms. Christina Cuervo (Assistant City Manager): It's item 20. It was just a personal appearance.
Vice Mayor Plummer: Item 20, it was a resolution.
Ms. Cuervo: Personal appearance.
Vice Mayor Plummer: Please call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-773
A RESOLUTION, RELATING TO THE 150 UNIT MELROSE TOWNHOME PROJECT
("PROJECT") BEING DEVELOPED BY CODEC, INC., ("DEVELOPER") GRANTING
DEVELOPER'S REQUEST FOR DEFERMENT OF PAYMENT ON CITY'S LOAN OF
$1,750,000 TO THE MELROSE TOWNHOMES PROJECT; AUTHORIZING THE CITY
MANAGER TO EXECUTE INDIVIDUAL PARTIAL RELEASE OF MORTGAGES TO
CONSUMMATE THE PURCHASE/MORTGAGE CLOSINGS ON FIFTY-FOUR (54)
TOWNHOME UNITS UNDER PHASE II OF THE PROJECT; INSTRUCTING THE CITY
MANGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE ESCROW AGENT TO PLACE IN ESCROW THE CITY'S
SHARE OF THE PROCEEDS FROM THE SALE OF EACH TOWNHOME UNIT UNDER
PHASE II, IN THE AMOUNT OF APPROXIMATELY $500,000; DIRECTING THE CITY
MANAGER AND THE DEVELOPER TO DETERMINE THE FIXED PROJECT
DEVELOPMENT COST, UNIT SALE PRICES, FINAL AMOUNT OF CITY SUBSIDY TO
THE DEVELOPER, AND THE ECONOMIC FEASIBILITY FOR THE DEVELOPMENT OF
PHASE III PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, SUBJECT TO
CERTAIN TERMS AND CONDITIONS AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
N/;"r hAnirnr I i Phimmrr Ir
W
ia
I----- ----------------------------------------------- L......... ---------------
75. BRIEF COMMENTS BY VICE MAYOR PLUMMER ON DETERIORATION
OF ST. HUGH OAKS.
Vice Mayer Plummer: Now, wait a minute. I want to ask a question. Mr. Manager?
Ms. Christina Cuervo (Assistant City Manager): Cesar.
Vice Mayor Plummer: You know, I sat here and I listened, and instead of seeing Melrose, I'm
seeing St. Hugh Oaks.
Mr. Cesar Odio (City Manager): St. Hugh Oaks. That's... Yes, sure.
Vice Mayor Plummer: Mr. Manager, I want to tell you that that is deteriorating.
Commissioner Gort: What's happening?
Vice Mayor Plummer: It's not occupied. There's not a damn thing happening. And that's
what's irritating me.
Mr. Odio: We are processing...
Vice Mayor Plummer: There are people who now are bailing out, who were qualified, who
wanted to move in. -
Mr. Odio: No, no, no.
Vice Mayor Plummer: Well...
Mr. Jeff Hepburn: No, that's true.
Mr. Odio: No, that's true.but:..
Mr. Hepburn: We... We reIadvertised about three or four weeks ago.
Vice Mayor Plummer: Excuse me. We did not even have a full agenda at the time we had the
raffle.
Mr. Hepburn: That's correct.
Vice Mayor Plummer: OK? Now, what in the devil is going on? Those houses are beautiful,
they're gorgeous. Mr. City Attorney, we got a lawsuit. Somebody told me the other day the
countersuit, if we sue for damages for the guy that's suing us, it don't mean diddly, because he
ain't got nothing. OK? Now, I mean, how do we get off the nickel here?
Mr. Hepburn: There are about twelve buyers that are being processed right now for mortgages.
Vice Mayor Plummer: But that means nothing if we can't...
Mr. Hepburn: We still lost... We lost... I would say we last ten to twelve buyers from the
previous list.
Vice Mayor Plummer: Oh, -ell, the legality is all completely out of way?
Mr. Hepburn: Well, I don't know about that part of it.
A. Quinn Jones, 111, Esq. (City Attorney): The lawsuit was... I told you last meeting that, you
know, that...
Vice Mayor Plummer: So the hang-up of people moving in is not the lawsuit anymore?
Mr. Jones: No.
Mr. Hepburn: No.
Mr. Janes: Not at all.
Vice Mayor Plummer: When do we see the first person move in?
Mr. Hepburn: Commissioner, I don't...
Vice Mayor Plummer: I mean, this is getting... You know, don't take this personally, but this is
getting ridiculous. I mean, you got... I don't know what you're paying for security guards down
there 24 hours a day. But I'm assuming it's at least two hundred dollars ($200) a day, a thousand
dollars ($1,000) a week.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Vice Mayor Plummer: Hey, I understand, but what... It doesn't seem like anybody around here
is pushing.
Mr. Odio: We'll give you a report in the next Commission meeting...
Vice Mayor Plummer:; Please.
Odio:exactly when the closings are.
Vice Mayor Plummer My opponent says I won't be here, so send me a message.
i
Mr. Odio: All right. -he'll send you a fax.
Commissioner Dawkins: I'll drop by your house and tell you about it.
Vice Mayor Plummer: OK, fine, fine. I'll watch Channel 9.
[NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF THE REGULAR PORTION OF THE
AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND
ZONING PORTION OF THE AGENDA.]
t
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of October, 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 5:06 p.m. by Vice Mayor J.L. Plummer, Jr. with the
following members of the Commission found to be present:
Vice Mayor J.L. Plummer, Jr.
Commissioner Wifredo Gort
ALSO PRESENT:
ABSENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Mayor Stephen P. Clark
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
-------------- ----------------------------------------- -------------------------------------- -------------------
76. RESCIND 94-718 -- GRANT SPECIAL EXCEPTION TO ALLOW AN
EXTENDED CARE FACILITY AT 3800-3850 W. FLAGLER STREET
(ZONED C-1 RESTRICTED COMMERCIAL). [Applcant(s): Jose M. Alvarez,
Miami Mental Health Center.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: All right. We've taken care of item 20, and we're now on the regular
agenda of item 1. 3800-3850 West Flagler.
Ms. Christina Cuervo (Assistant City Manager): Planning and Zoning.
Vice Mayor Plummer: I'm sorry.
Ms. Cuervo: Planning and Zoning.
Vice Mayor Plummer: P and Z number 1. Who is here on that? All right, sir.
171 October 26, 1995
Mr. Martin Hannon: Good afternoon. Martin Hannon...
Vice Mayor Plummer: Did you bring your check for fifteen hundred dollars ($1,500), according
to, what the letter I got, you cost us?
Mr. Hannon: If the homeowners' association had any money left they'd be cutting some checks.
Vice Mayor Plummer: After your exorbitant fee.
Mr. Hannon: I only wish.
Vice Mayor Plummer: For the record, sir, would you please state your name, and address. And
are you paid, and if so, have you registered as a lobbyist?
Mr. Hannon: My name is Martin Hannon. My address is 2955 Southwest 8th Street, Suite 204.
I'm the attorney for the Douglas/LeJeune/Flagler Homeowners' Association.
Vice Mayor Plummer: Are you paid for this appearance?
Mr. Hannon: I am not paid for this appearance today.
Vice Mayor Plummer: You're pro bono.
Mr. Hannon: Yes, sir.
Vice Mayor Plummer: All right. Now, do you want to testify? Because anybody that wants to
testify has to be sworn in.
Mr. Hannon: No. Essentially...
Vice Mayor Plummer: Now, wait a minute, whoa. Do you want to testify at all?
Mr. Hannon: No, I do not. I do not.
Vice Mayor Plummer: Raise your... You do not. OK. Now, as I recall this issue at the last
meeting, we had, basically, under a mandate, we are, in fact, to just say rubber stamp, Court, this
is what you told us, and we really have no other alternative. But, now, let me tell you what I am
going to add to that, Christina.
Ms. Christina Cuervo (Assistant City Manager): Yes, sir.
Vice Mayor Plummer: They are very adamant in the protection of their neighborhood, which
they are entitled to be. They are requesting that the City inspect these facilities on a biannual
basis, and the report be given back to this Commission, and if any infractions or conditions that
are agreed upon are not being kept, that the City Attorney will start any legal or pursue any
action that is, in fact, brought to the attention of this Commission.
Ms. Cuervo: I believe the City can do that, but I think the Law Department is going to tell you
that we have to have the... the applicant agree to that.
Vice Mayor Plummer: I don't think that would be...
Mr. Joel Maxwell (Deputy City Attorney): No. What... You would be...
172 October 26, 1995
U
Commissioner Gort: We don't have a quorum.
Mr Maxwell: I was looking for a quorum.
Vice Mayor Plummer: I don't have a quorum.
Mr. Maxwell: Is anyone in that chair over there?
Commissioner Gort: I'll vote for two, no more.
Vice Mayor Plummer: I mean... You know, I've heard of an empty suit, but this is ridiculous.
Commissioner Gort: They're here.
Vice Mayor Plummer: Sir, I'm sorry.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Vice Mayor Plummer: What? Are they underneath the counter or...
Commissioner Gort: Go ahead J.L.
Vice Mayor Plummer: Victor, are you standing up?
Commissioner Gort: Go ahead, J.L., we can...
Vice Mayor Plummer: What am I going to go on for?
Commissioner Gort: Well, let's listen to them.
Vice Mayor Plummer: City Attorney.
Mr. Maxwell: Do you have a quorum?
Commissioner Gort: It's early.
Vice Mayor Plummer: No, I don't have a quorum.
Commissioner Gort: That's all right. We can still get the information then...
Vice Mayor Plummer: All right. Well, then they're going to ask me...
NOTE FOR THE RECORD: Commissioner Dawkins entered the
Commission Chamber at 5:11 p.m. and Commissioner De Yurre
entered the Commission Chamber at 5:12 p.m.
Mr. Maxwell: Here's the situation. The Court's orders leaves you in a purely ministerial
position. I think you're aware of that now, you understand that, and the property owners
understand that. You can't add any additional conditions to the six conditions that the Zoning
Board added before and the Court agreed to. What you're not...
173 October 26, 1995
Vice Mayor Plummer: You didn't listen to me...
Mr. Maxwell: What you're... Understand, Mr. Vice Mayor. What you're saying now is that
you will comply with the Court's order, but what you want the City Administration to do is to
make sure these conditions are being complied with.
Vice Mayor Plummer: Those that were agreed upon.
Mr. Maxwell: And you can do that, and you're not making it a part of this resolution. That, you
can do.
i
Vice Mayor Plummer: Well, there really is no resolution.
t
Ms. Cuervo: It should be a separate motion.
Mr. Maxwell: It's separate directions to the Administration is what it is.
Vice Mayor Plummer: OK. I don't know what else we do here. Do we pass a resolution, or we
don't? I am in receipt, as all Commissioners are, of a letter.
Mr. Maxwell: Yes, sir. There's a resolution in your packet on this.
Vice Mayor Plummer: All right. Well...
Mr. Maxwell: It would be a resolution.
Vice Mayor Plummer: I am going to turn this letter over to the Administration, in case you did
not get one. They, needless to say, feel that they have not been treated with... in the greatest of
respect in this particular case. But there is a second letter here in which they outline other
matters that they want to bring to the attention of the Administration, from sink holes in the
streets to other things, stop signs, and that they come here representing the neighborhood, and
that, in fact, I am going to give that to you, Christina.
Ms. Cuervo: We'll take care of it.
Vice Mayor Plummer: And ask you to please have the NET (Neighborhood Enhancement
Team) Office report back to this Commission with this laundry list of things that they have
requested to be done. OK?
Ms. Cuervo: We'll take care of that.
Vice Mayor Plummer: All right. There is a resolution by Commissioner Gort, seconded by
Commissoner Dawkins. Is there any further discussion? Hearing none, call the roll.
Mr. Walter Foeman (City Clerk): Roll Call. Commissioner Gort.
Commissioner wort: Before I vote, I'd just...
Vice Mayor Plummer: Wait, wait, hold on. If you want to speak, now, you're going to have to
be sworn in. OK? Raise your right hand. Swear him in.
Mr. Angel Urquiola: My name is Angel Urquiola, president... I'm sorry.
174 October 26, 1995
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Urquiola: I'm sorry.
Vice Mayor Plummer: Now, for the record, give, us your name and mailing; address.
Mr. Urquiola: Angel Urquiola. I live in 25 Southwest 38th Avenue. We agree with your
decision, because we don't want to put the City Commission in a bad spot with the Court. But
we have to remember, from the very beginning, the. Commissioner put the regulation for the
Miami Mental Health Care Center to these supervisors every year. I don't know why the City
Attorney say now no. By the record, I want to give to you this.
Commissioner Gort: The City Attorney didn't say that. The City Attorney didn't say that.
(INAUDIBLE COMMENTS NOT INCLUDED IN THE PUBLIC RECORD)
Vice Mayor Plummer: Wait a minute. Please, don't talk except in front of the microphone,
please. We have to have a record.
Mr. Urquiola: I give this on the record. We know that all over the State, how this kind of
monkey business is done. It's a lot of this kind of business closed in all the State. They are
investigating for HRS (Department of Housing and Rehabilitative Services), they are
investigated by the FBI (Federal Bureau of Investigation), they are investigated for all the
authority. Why we have to give in Miami so many personality to these people?
Vice Mayor Plummer: OK. Let me try... Let me try to answer you. The investigation by
these... of these people is not done by local authorities. The issue that we dealt with here is
zoning. And that's all we can deal with. HRS has their obligation to deal with the neglect, or
the abuse. The State Attorney's Office has other kind of authorities. But from the standpoint of
the City, the only thing we deal with here is zoning or variances. OK?
Mr. Urquiola: Correct, correct.
Vice Mayor Plummer: Now, I have asked, as you heard, that in this particular case, that the
Administration hold their feet to the fire for all of the conditions that they agreed to, which is all
we can do, and that's all we can do for you.
Mr. Urquiola: I really... I really appreciate it. You're really helping us.
Vice Mayor Plummer: And also, your second letter, I have given to the Administration, asking
them to get together with you, and give us back a full report at the next Commission meeting, in
reference to your complaints from sink holes to stop signs.
Mr. Urquiola: OK.
Vice Mayor Plummer: All right?
Ms. Cuervo: And Commissioner, this item has to come back to the Zoning Board within one
year after the issuance of the CO (certificate of occupancy), so it will be coming back to the
Zoning Board.
Mr. Urquiola: OK, thank you.
175 October 26, 1995
W
Vice Mayor Plummer: OK.
Ms. Cuervo: It's one of the conditions.
Commissioner Dawkins: OK. I'm at a loss.
Vice Mayor Plummer: All right, wait. We have one other matter to discuss. Seeing as how they
don't have any money left in the till, I'll accept a motion at this time that the fifteen hundred
dollars ($1,500) be charged to the City Attorney's Office. I... Yes, that's what I said, the City
Attorney's Office.
Ms. Cuervo: Thank you.
Vice Mayor Plummer: Moved by De Yurre and seconded by Gort. All in favor, say "aye." No
objections. Thank you, City Attorney. We appreciate that.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-774
A RESOLUTION RESCINDING RESOLUTION NO. 94-718, ADOPTED
SEPTEMBER 22, 1994, IN ITS ENTIRETY AND SUBSTITUTING IN LIEU
THEREOF, THE HEREIN RESOLUTION THEREBY AFFIRMING THE DECISION
OF THE ZONING BOARD AND GRANTING THE SPECIAL EXCEPTION FROM
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, CONDITIONAL
PRINCIPAL USES, TO ALLOW AN EXTENDED CARE FACILITY FOR THE
PROPERTY LOCATED AT 3800-3850 WEST FLAGLER STREET, MIAMI,
FLORIDA, ZONED C-1 RESTRICTED COMMERCIAL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Plummer: Next item, yes, sir.
Mr. Placido Debesa: I want to talk about our neighborhood. My name is Placido Debesa. I live
in 3941 Southwest 2nd Terrace. In that neighborhood, I lived for 30 years. That neighborhood
is like a family. I come to explain to everyone here, I'm not against mental health, but they have
176 October 26, 1995
a lot of places. That neighborhood never need any police or any trouble. From that time that
they're going to put it is tile. trouble. I like to see all the people that have in some place like they
have over there, in some hospitals. But over there, everybody is afraid. They don't like to go
outside every night, because it's a lot of people that have here in the. l4th Street and 22nd
Avenue that go all around the houses after they go and take the medicine or something there.
And that is the reason that our neighborhood is against of that. Because wherever they have all
that things, they have trouble, and the people is afraid to have the kids to go around their block.
That is the reason that I said to the Commissioners that we like to check every six months or
year. If some complaints, I figure. that we don't going to have that thing. The house, I don't
care. It's the people that live over there. for 30 years. They have sons, they have children,
grandchildren, and that is the reason that I said that is danger for that neighbor, that that
neighbor, I figure that is the best in the... in Miami City. Thank you.
Vice Mayor Plummer: Thank you, sir.
----------------------------------------------------------------------------------------------------------------
77. APPROVE MAJOR USE SPECIAL PERMIT FOR THE LINDSEY HOPKINS
TECHNICAL EDUCATION CENTER PARKING GARAGE PROJECT OF 879
PARKING SPACES, TO BE LOCATED AT 710 N.W. 20 STREET, WITH
CONDITIONS. [Applicant(s): School Board of Dade County, Miami Parking
System.]
Vice Mayor Plummer: Item 2 on Planning and Zoning. Item 2 is 710 Northwest 20th Street.
The School Board of Dade County. Is there anyone present representing Dade County School
Board? We need somebody to beat up on.
Commissioner Gort: Let's get Clark. We haven't jumped on him in a long time.
Vice Mayor Plummer: Special permit for the Lindsey Hopkins Education Center. What is it
you're asking of us, sir?
Mr. Dagoberto Diaz: We're asking for a special permit, based on the... exceeding the 500
parking. In addition to that, there's a series of variances being requested.
Vice Mayor Plummer: And is that being built on land that is government owned?
Mr. Diaz: It's govern... It's owned by Dade County Public Schools.
Vice Mayor Plummer: Ms. Cuervo, how does the new policy of this Commission take into
effect of scenarios that they have to agree to pay the equivalent of ad valorem taxes and the
donation to the City?
Ms. Christina Cuervo (Assistant City Manager): It's a voluntary program, but they're not
acquiring this property. They already own the property.
Vice Mayor Plummer: They already own it.
Ms. Cuervo: They already own the property.
Vice Mayor Plummer: So we can't hold them up at this particular...
177 October 26, 1995
Ms. Cuervo: You can request a voluntary donation.
Vice Mayor Plummer: Yes. We would like to discuss a voluntary contribution in lieu of ad
valorem taxes, seeing as how you're taking; City property off of tax rolls.
Mr. Diaz: We... There's something that I misunderstand. We own the current property right
now. It's basically...
Vice Mayor Plummer: Yeah, but it's not on the tax rolls.
Mr. Diaz: OK.
Vice Mayor Plummer: If we deny this permit, you can't build it.
Mr. Diaz: That's absolutely correct.
Vice Mayor Plummer: OK?
Mr. Diaz: That's something that we would have to take to our Board, and our Board will have to
make the decision, according to that.
Ms. Cuervo: Yeah. The City has a program called the PILOT, in lieu of taxes.
Mr. Diaz: Right.
Ms. Cuervo: And you - payment in lieu of taxes, excuse me. And...
Vice Mayor Plummer: Commissioner Dawkins.
Commissioner Dawkins: Can I hear from the City of Miami's parking czar?
Vice Mayor Plummer: Is he here?
Commissioner Dawkins: Of course he's here.
Vice Mayor Plummer: Mentally or physically?
Commissioner Dawkins: Both. Can you give us a recommendation, and your recommendation
on this?
Mr. Clark Cook: Yes, Commissioner. We have... My name is Clark Cook. I'm the Executive
Director of the Miami Parking System in the Department of Off -Street Parking in the City of
Miami. We have looked at this particular property. We have talked with the School Board. We
have discussed a contract in which we would build a facility for the School Board. I think it's
very important that this property be built, because presently, today, what is happening is cars are
parking all over the street out there, and this would... This will clean up that area, and make that
area, certainly, better for the people who live in that area. The existing property is a flat parking
lot today that lets full within 30 minutes of school beginning, and stays full all afternoon. So it's
my strong recommendation, from the standpoint we see, from the standpoint of looking at it, that
it's in the best benefit.
Commissioner Dawkins: So this will be a how many car garage?
Mr. Clark: Eight hundred and seventy-nine.
178 October 26, 1995
i�
Commissioner Dawkins: Six?
Mr. Clark: Eight hundred and seventy nine.
Commissioner Dawkins: Eight hundred and seventy-nine. And it will egress where?
Mr. Clark: It will egress on 19th Street.
Commissioner Dawkins: 19th Street?
Mr. Clark: Yes, sir.
Commissioner Dawkins: And ingress?
Mr. Clark: Ingress and egress on the same street.
Commissioner Dawkins: On the same street.
Mr. Clark: Yes, sir.
Commissioner Dawkins: So therefore, you're going to put a light on 19th Street and 17th - and
7th Avenue?
Mr. Clark: It's not in the plans, but it certainly could be done.
Commissioner Dawkins: Well, how are the people going to leave the parking garage and come
into the flow of traffic on 7th Avenue?
Mr. Clark: They are doing it now. I mean, the same... The cars are there now.
Commissioner Dawkins: But it's not... Now, come on. Don't do this to me. It's not 800 cars.
Mr. Clark: That is correct. You're absolutely correct, Commissioner.
Commissioner Dawkins: OK. Thank you. Don't do that to me, please.
Mr. Clark: You're absolutely correct. And if it takes a street light there, we certainly... I'm sure
the School... We can talk to the School Board and make sure one is applied.
Mr. Diaz: Yeah, that's no problem, in terms of the light.
Mr. Clark: And I'll make a commitment to you to personally do that.
Commissioner Dawkins: Well, we, as Commissioners, are concerned, and we don't - and we
expect that you would do all that you can to make it easier.
Mr. Clark: You have my commitment.
Commissioner Dawkins: OK.
Vice Mayor Plummer: Again, I'm asking the question, under the PILOT program which was
adopted by this Commission - payment in lieu of taxes - what is the School Board offering?
i
i
179 October 26, 1995
Commissioner Gort: J.L., he can't answer you. He's got to go... He told you, he's got to go
back to his Board. He said...
Mr. Diaz: That's absolutely correct.
Vice Mayor Plummer: All right. So then this matter will be deferred until the next meeting.
Commissioner Gort: J.L., my understanding is - excuse me. May I?
Vice Mayor Plummer: Yeah, sure..
Commissioner Gort: My understanding is, and I've had a lot of complaints and a lot of calls
from the people within that district because of the parking and the overparking of the students.
There is a lot of problems there, and we need to have that parking lot built. Now, I don't know
about the problems you all had in the past in here, but one of the thing, I want you to know is the
school system is working very closely with the City of Miami and the parks. We're now
providing four programs where we're taking care of the kids and we're giving them... We give
them food, and we give them lessons, and we're helping them with their homework, and the
school system is paying for that. So I would consider that part of the in -lieu payment on this
one, since they already own it.
Vice Mayor Plummer: Well, Commissioner Gort, you know, I understand what you're saying,
but one of the things that we went into - and I don't want to go extensively - you know, 33
percent of our tax base is tax exempt. The School Board has a taxing ability, as we do. They
have ten mills, which the), don't use in full. And what I'm saying is that we have passed and
adopted here that the idea of, if they expect us to provide police services and fire services, we've
got to have money to do it. And that's what I'm saying, is that they're going to demand
municipal type services from us, where are we going to get the money, if we keep having tax
exempt property? And the theory behind the PILOT, in lieu of taxes, is simply that you don't
have to pay it, because you're exempt, but you make an annual contribution to the City so that
we can provide those municipal services that you need. So...
Mr. Diaz: What are we looking...?
Commissioner Gort: I understand, and I agree with you, but I don't think that decision should be
taken by this gentleman here. I think that should be a comprehensive plan, and we should go to
the school system and tell them, look, we have all this property. What are you willing to give us,
voluntarily, for all of it? Not attach this piece of property to that.
Vice Mayor Plummer: If they give us the money, we can provide our own.
Commissioner Gort: I'm ready to make a motion.
Vice Mayor Plummer: Look, I'm not going to fight you. I'm just merely trying to make a point.
Out of a third of our taxes are exempt. If we didn't have that much exemption, let me tell you
something. We'd be sitting on gravy street. OK? I'm saying to the Administration, in the
future., don't let it come before this Commission until you have discussed a payment in lieu of
taxes, so that they can't come here and say, I can't answer it. In the future, any governmental
agency or tax exempt structure coming before this Commission, I hope that you, on behalf of the
citizens, will, in fact, find out and make a determination.
Commissioner Dawkins: And that includes the Administration Building you just sold Dade
County over by our police station.
180 October 26, 1995
Vice Mayor Plummer: Sir, I got no problem with that, either. OK?
Commissioner Dawkins: I know, I know you don't.
Vice Mayor Plummer: Let me tell you, hey, you know, we just can't...
Commissioner Gort: I move for approval of the major use special permit.
Vice Mayor Plummer: We can't continue the way we're going.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Moved and seconded. It's a resolution. All in favor, say "aye."
The Commission Collectively: Aye.
Vice Mayor Plummer: Like sign in opposition. Hearing none, sir, you got off lucky.
Mr. Diaz: Thank you very much, sir.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-775
A RESOLUTION, WITH ATTACHMENTS, APPROVING, WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 13 AND 17 OF THE
ZONING ORDINANCE, FOR THE LINDSEY HOPKINS TECHNICAL EDUCATION
CENTER PARKING GARAGE PROJECT OF NOT MORE THAN 879 PARKING
SPACES, TO BE LOCATED AT APPROXIMATELY 710 NORTHWEST 20TH
STREET; GRANTING, WITH CONDITIONS, VARIANCES AND A SPECIAL
EXCEPTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF
LAW; PROVIDING FOR BINDING EFFECT: AND CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Stephen P. Clark
181 October 26, 1995
M2
--------------------- ------------------------------------------------------------------------------------------
78. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT -- ALLOW, AS A CONDITIONAL PRINCIPAL USE. IN PR -PARKS
AND RECREATION ZONING DISTRICTS, CAMPING FACILITIES BY
SPECIAL EXCEPTION, WITH CITY COMMISSION APPROVAL, ONLY,
AND SUBJECT TO CERTAIN EXCEPTIONS. [Applicant(s): Community
Planning & Revitalization Dept.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 3 of the Planning and Zoning, PR recreation and open space,
approved by the vote of the Zoning Advisory Board nine/0. Is there a motion? This is second
reading. Moved by Dawkins. Seconded by Gort. Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO ALLOW, AS A
CONDITIONAL. PRINCIPAL USE IN PR -PARKS AND RECREATION ZONING
DISTRICTS, CAMPING FACILITIES BY SPECIAL EXCEPTION WITH CITY
COMMISSION APPROVAL ONLY AND SUBJECT TO CERTAIN EXCEPTIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of September 28, 1995, was taken up
for its second and final reading, by title, and adoption. On motion of Commissioner
Dawkins, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11322.
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.
October 26, 1995
----------------------------------------------------------------------------------------------------------------
79. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT -- MODIFY LIMITATIONS FOR LAUNDRY AND DRY CLEANING
FACILITIES WITHIN C-1 RESTRICTED COMMERCIAL ZONING
DISTRICTS. [Applicant(s): Community Planning; & Revitalization Dept.]
Vice Mayor Plummer: Item 4, the last item of the agenda.
Ms. Christina Cuervo (Assistant City Manager): It's also a second reading.
Vice Mayor Plummer: It's the City of Miami Planning Department asking for approval on an
amendment of 11000, which is the text to the Zoning Ordinance to modify the regulations
pertaining to laundry facilities in a C-1 residential commercial district, that the class two special
permit reference in the original request be replaced with a special exception. Moved at seven/0
vote at the Planning and Zoning. This is second reading.
Commissioner Gort: Move it.
Vice Mayor Plummer: Moved by Gort. Seconded by Dawkins. Read the ordinance. Call the
roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO MODIFY THE
LIMITATIONS FOR LAUNDRY AND DRY CLEANING FACILITIES WITHIN C-1.
RESTRICTED COMMERCIAL ZONING DISTRICTS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of September 28, 1995, was taken up
for its second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Dawkins, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11323.
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.
183 October 26, 1995
[NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF THE PLANNING AND ZONING PORTION
OF THE AGENDA TO CONSIDER NON -AGENDA ITEMS.]
----------------------------------------------------------------------------------------------------------------
80. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF
CARREFOUR CORP. (See label 86)
Vice Mayor Plummer: Now, there were two items that were asked to be referred over to the
afternoon. Commissioner Dawkins had one and Commissioner De Yurre had the other.
Commissioner Dawkins.
Commissioner Dawkins: Carrefour Group came before me. Is the other group here? OK.
Vice Mayor Plummer: Which other group, sir?
Commissioner Dawkins: OK. The people in opposition to Carrefour. They said to me, both
groups, that they had been attempting to get this item heard on the agenda and could not get it
heard. So I scheduled it for a hearing today. After scheduling it for a hearing, Carrefour, after
asking that it be heard, asked that it be deferred. The other homeowners who also requested that
it be placed on the agenda want to have it heard. So I'd like for us to hear from both groups and
then make up our minds what we're going to do.
Vice Mayor Plummer: Well, excuse me. Who is the applicant?
Mr. Gary Cohen: The applicant is Carrefour Corporation. My name is Gary Cohen, on behalf of
Carrefour.
Vice Mayor Plummer: All right. And after... I'm just merely wondering, after you asked for the
withdrawal, because I... To be honest with you, I don't know what the issue is, but after you've
asked for a withdrawal, then I have to understand...
Commissioner Dawkins: I did not... No, no, no, wait. Oh, I'm sorry. Go ahead, J.L.
Vice Mayor Plummer: No, I'm... I'm trying to make heads or tails here.
Mr. Cohen: We're asking for a deferral, sir, not a withdrawal.
Vice Mayor Plummer: Huh?
Mr. Cohen: We're asking for a deferral, not a withdrawal.
Vice Mayor Plummer: No. The letter I had, and Mr. Manager, I gave you a copy of the letter I...
Mr. Cesar Odio (City Manager): I have a letter saying that they would not be heard but...
Vice Mayor Plummer: No, no. I gave you a copy. What did you do with it?
184 October 26, 1995
Mr. Odio: You had it. And I... I have it upstairs.
Vice Mayor Plummer: OK. The letter I thought I read was for a withdrawal.
Mr. Odio: But... Yeah, I received...
Vice Mayor Plummer: I'll stand corrected if I'm wrong, but I...
Mr. Odio: It said.
Commissioner Dawkins: OK. Let me tell you, I... Both groups came to my office. Both groups
said that this could not be heard. Both groups requested that I place it on the agenda as a pocket
item. I placed it on the agenda as a pocket item. Then one group decided it wanted to withdraw.
Now, since I put it on as a pocket item, I said, no, I'm not going to withdraw it. You have to
come before the Commission, and then if the Commission wants to not hear it, I don't have a
problem with that.
Vice Mayor PIummer: May I add...
Commissioner Dawkins: But the homeowners, they also said, well, we want to be heard. I said,
if the Commissioners say they don't want to hear you, I don't have a problem with that. But it's
my item. I scheduled it, and if anybody withdraws it, it should be me.
Vice Mayor Plummer: All right, sir. Who is Maria Pellerin?
Mr. Cohen: She is the executive director of Carrefour, Commissioner.
Vice Mayor Plummer: Do you answer to her?
Mr. Cohen: Yes, sir.
Vice Mayor Plummer: OK. Then let me read you her letter.
"At this time, we believe that we might be able to resolve the issue of our contract
with the City without imposing on you and the rest of the Commission, and are
therefore requesting that you withdraw this item from the agenda for tomorrow's
meeting."
This was addressed to Commissioner Dawkins, and it was faxed to all of the rest of us.
Mr. Cohen: Yes, sir.
Vice Mayor PIummer: Now, Commissioner Dawkins, I have no problem sitting here as long as
you want. My only concern, as a pocket item, I think that we might be having a problem for
other people who might not be aware that this item is going to be discussed, and might not afford
the opportunity to other members of the public who might want to be heard. If you want to hear
it today and then defer it to another public hearing that can be heard...
Commissioner Dawkins: No, no...
Vice Mayor Plummer: It's up to you, sir.
Commissioner Dawkins: No. If you're saying - and I will yield to the advice to the Chair - if the
Chair is saying, in my opinion, this should be rescheduled and advertised and heard properly so
that everybody could be heard, I have no problem with that, if that's the decision of the Chair.
185 October 26, 1995
Vice Mayor Plummer: Well, the decision of the Chair is trying to be in a compromising position
that everybody is afforded the opportunity to speak their piece. They said originally they had no
problem with it being deferred or withdrawn. Now, my question to you is the fact that you told
me earlier this afternoon that your people were coming here at six o'clock, which, obviously, it's
five -thirty, and I don't know that there are others that are going to be here or not. But the normal
procedure around here ran very controversial issues, they're handled as an agenda item,
publicized in the paper, and then the people have the right to come forth. We can handle it as a
pocket item, don't get me wrong. Now...
Ms. Teresita Gyori: May I say something? My name is Tere.sita Gyori. I live at 1718 Southwest
17th Avenue. I personally believe that we should be heard today, please. We were on the
agenda, and we were removed.
Vice Mayor Plummer: No, you're not on the agenda.
Ms. Gyori: We were, and we were removed.
Commissioner Dawkins: OK.
Mr. Cesar Odio (City Manager): What? Say that again?
Vice Mayor Plummer: What item number?
Ms. Gyori: OK. We were on the agenda in reference to the Carrefour.
Mr. Odio: Oh, OK. I...
Ms. Gyori: But we were not notified.
Mr. Odio: I removed them, and I'll tell you why I removed them. I met with you people, right?
Ms. Gyori: Right.
Mr. Odio: Since. On the date that we met, we told you that I was writing a letter to Jim Nichols
in HUD (Housing and Urban Development) saying that we will not support this Carrefour
application under any circumstances, and to... and we did that. So there was no need for you to
come here, because we did what you wanted.
Ms. Gyori: Right, but...
Mr. Odio: Now, if you want to...
Vice Mayor Plummer: Commissioner Dawkins.
Ms. Gyori: I apologize, Mr. Manager Odio...
Vice Mayor Plummer: Excuse me.
Mr. Gyori: OK.
Vice Mayor Plummer: Commissioner Dawkins, this is your item.
Commissioner Dawkins: Yes, sir.
186 October 26, 1995
r
Vice Mayor Plummer: The Chair respects your opinion. Do you wish to proceed now, at six
o'clock, or at another meeting?
Commissioner Dawkins: OK.
Vice Mayor Plummer: You...
Commissioner Dawkins: I know that this is a pocket item. I realize that after what I just heard,
even if I made a motion and there was no follow-up, there would be no action taken, so
therefore, since it appears that no action would be taken on this item, I would have to yield and
say whatever the Chair rules, I go along with it.
Vice Mayor Plummer: Well, I don't really... Mr. Manager, give me some wisdom here.
Commissioner Gort: I have a question. I have a question.
Mr. Odio: Let me it very...
Vice Mayor Plummer: You know, if I had to make the ruling - all right? - I got to be honest with
you.
Commissioner Gort: Mr. Chairman...
Vice Mayor Plummer: I got to get it on a regular agenda where everybody has the opportunity,
if they wish, to be heard, which is not a pocket item. Mr. Gort.
Commissioner Gort: I want to know, what are we going to be discussing? My understanding is
that the problem that this individual had with the City of Miami approving or working with the
project, which I hear the Manager saying he's recommended against the project, and he sent it in
the letter to HUD. What are we discussing?
Mr. Cohen: Commissioner Gort...
Vice Mayor Plummer: Sir, wait a minute, wait a minute. We got to... We got to decide here
what we're going to do.
Mr. Cohen: I was going to...
Mr. Odio: That's why...
Vice Mayor Plummer: Commissioner Gort, do you want to hear it today?
Commissioner Gort: No, I... What are we going to hear? What's the pocket item for? I don't
even know.
Mr. Cohen: That's what I was attempting to answer.
Ms. Gyori: Could we get a chance?
Mr. Odio: You are going to hear that I... Under any circumstances, from me, anyway, this
Administration will try to get this application through Washington. We rescinded the
application. We feel that it's totally wrong for that neighborhood, that we have too many of
those facilities in the City of Miami, and go and put it somewhere else.
187 October 26, 1995
Vice Mayor Plummer: Well, you know, here again, Mr. Manager, I'm going to tell you
something. I want to know what has happened to our policy that no more of these facilities can
go in the City of Miami until the other municipalities in Dade County have picked up their fair
share of the load.
Mr. Odio: You know what we're doing?
Vice Mayor Plummer: And I keep seeing these things coming back here, and I don't know why,
but I don't know wily.
Mr. Odio: Because...
Vice Mayor Plummer: Let me tell you, here's what we're going to do.
Mr. Odio: It came in looking like...
Vice Mayor Plummer: All right, excuse me.
Mr. Odio: ... like a horse, and it ended up being something else.
Vice Mayor Plummer: The wisdom of Solomon is...
Ms. Gyori: That is... That is the case.
Vice Mayor Plummer: ... that we will hear this item at six o'clock, at the time that you have
indicated to me the rest of your folks will be here.
Ms. Gyori: OK.
Vice Mayor Plummer: Mr. De Yurre.
Commissioner Dawkins: Wait, wait now.
Vice Mayor Plummer: All right. Commissioner Dawkins.
Commissioner Dawkins: The Manager has said...
Vice Mayor Plummer: That he will not recommend it.
Commissioner Dawkins: And that is his...
Mr. Odio: My opinion.
Commissioner Dawkins: That's his opinion, and that's what he's going to recommend, even
after the hearing. Is that correct?
Vice Mayor Plummer: That's what he said.
Mr. Odio: Yes, sir. Yes, sir.
Commissioner Dawkins: So now...
Mr. Odio: I have...
October 26, 1995
so
Commissioner Dawkins: So to hold people here until six o'clock, knowing that the Manager is
going to make the same recommendation, I mean, what are you accomplishing?
Vice Mayor Plummer: We're talking about that there are times around here that we overrule the
Manager.
Mr. Odio: That's true.
Commissioner Dawkins: Oooh.
Mr. Odio: OK.
Vice Mayor Plummer: Hello there.
Mr. Odio: Let's do it, let's do it.
Mr. Cohen: Commissioner...
Vice Mayor Plummer: Sir, the item is deferred until six o'clock.
Commissioner Dawkins: All right, we can... We'll hear Commissioner De Yurre.
Vice Mayor Plummer: Be. prepared to put on your case at six o'clock for somebody. OK?
Commissioner Dawkins: OK? All right. Go ahead, Commissioner De Yurre.
NOTE FOR THE RECORD: At this point, the pocket item
concerning Carrefour was tabled until 6:00 p.m.
----------------------------------------------------------------------------------------------------------------
81. (A) INSTRUCT MANAGER TO WORK EXPEDITIOUSLY WITH
EDGEWATER RESIDENTS ON ESTABLISHMENT OF A NET
(NEIGHBORHOOD ENHANCEMENT TEAM) OFFICE.
(B) ALLOCATE $500,000 TO POLICE PROGRAM IN EDGEWATER
AREA.
(C) VICE MAYOR PLUMMER REQUESTS DOCUMENTATION
CONCERNING PROSTITUTION ARRESTS AND LENGTH OF
SENTENCES SERVED -- REQUEST THAT NAMES OF
PROSTITUTES BE SHOWN ON TELEVISION NET 9 (CABLE
CHANNEL) -- ENCOURAGE CITY ATTORNEY AND POLICE
CHIEF TO PURSUE HAVING MINIMUM SENTENCE GUIDELINES
ESTABLISHED BY CHIEF JUDGE OF THE CIRCUIT COURT FOR
CONVICTED PROSTITUTES.
Vice Mayor Plummer: Commissioner De Yurre, you had an item you wanted to discuss.
Commissioner De Yurre: Yes, I do. A couple of nights ago, I was at the Edgewater
Homeowners' Association meeting, and a recurring issue came up again, and that was that
189 October 26, 1995
there's just not enough police out there, and not that it's the Police. Department's fault, just that
there's not enough manpower to deal with a lot of these pockets of crime that exist in our City.
And one of the things that the Edgewater community was all in agreement on was the fact that,
about two years afro, we had an impact, a police impact program, wherein we had put aside - in
fact, I believe it was like two million dollars ($2,000,000) - for overtime, and actually doubled
our police force, where we could go into areas and attack crime head on, and crime was reduced
significantly. I understand, and I know very well that with the budget situation that we have, that
we don't have two million ($2,000,000) available. However, it's my understanding that monies
are going to be coming down through the crime bill, and we expect that to come down, and I
would say that, at this time, that we allocate the sum of five hundred thousand dollars ($500,000)
to be reimbursed from the crime bill when it comes down to start working immediately on some
of these pocket areas that need to be addressed with the crime situation that exists.
Mr. Cesar Odio (City Manager): Commissioner, the problem with that...
Vice Mayor Plummer: You have not been recognized.
Mr. Odio: I'm sorry. I thought...
Vice Mayor Plummer: Have you completed?
Commissioner De Yurre: Go ahead. I'm just throwing this out for discussion, but I think that
it's something that has worked very well in the past, and that it's needed at this point in time to
put some force out there.
Vice Mayor Plummer: All right. Mr. Manager, you've heard the proposal.
Mr. Odio: The problem... There are two problems with that. One, that I have tried... This
budget, as we have stated over and over, is one budget that has solid revenues, and we know
what the expenses are. And when you start saying, "what if this happens, and if it doesn't
happen," then we have a five hundred thousand dollar ($500,000) unbudgeted item, and we don't
have the money. Or the other issue is that the... What we're getting from the Department of
Justice is that they don't accept reimbursements. In other words, you have to wait to get the
money, and spend it according to the regulations. I would like to say I think the crime bill will
be resolved within the next two or three weeks, and if it resolves the way we think, it's block
grant monies, which have less strings attached, that we wait for that, because...
Commissioner De Yurre: OK. Well, I would move, then, that we wait, in fact, we wait a month
to get that. If in a month we don't get it, then we find the five hundred thousand dollars
($500,000), which your financial expert, Mano Surana, has told me that it's available, and he can
find it.
Mr. Odio: Sir...
Commissioner De Yurre: So you better talk to him about it.
Mr. Odio: Well, no, I did, because... And, you know... And in his defense, we do have fund
balances. If you start taking from the fund balance, then we are going to get in trouble with
Moody's and S&P (Standard and Poores). But that's what...
Commissioner De Yurre: Well, that's not what he told me, so you better get it straight with him.
Mr. Odio: I better get to talk to him.
190 October 26, 1995
W
Vice Mayor Plummer: Commissioner Dawkins, you are recognized.
Commissioner Dawkins: The crime money that Commissioner De Yurre is talking about, how
much have we received?
Mr. Odio: I think we received... Well, what he's talking about were the ones we received were
earmarked for police hirings and other things - and we cannot deviate from that - is three million
and five hundred and seventy...
Commissioner Dawkins: Three million for the hiring of new police.
Mr. Odio: No. It's seven hundred and fifty. I forgot. It's a total of what?
Lt. Joseph Longueira: It's a total of about two million that we hired, additional officers that we
put into NET (Neighborhood Enhancement Team), and then we just...
Mr. Odio: Plus...
Commissioner Dawkins: You have to get on the mike, Joe. I can't hear you.
Mr. Odio: It was about three and a half, is that it?
Lt. Longueira: It was about two million that we hired additional officers that we put into NET.
Commissioner Dawkins: Joe, I'll ask my question again. What is the total amount of monies
that we received in the crime... as crime bill money? Total amount.
Lt. Longueira: OK. We've already been awarded two million that we're receiving, and we've
been... We've received notice that we're going to get three more million for technology, though.
You can't hire and you can't use it for overtime.
Vice Mayor Plummer: Let me ask a.,.
Mr. Odio: But we have not received it.
Commissioner Dawkins: For technology? OK. Wait a minute, wait a minute. OK. Now,
following Commissioner De Yurre's line of thought, we bought computers. Is computers
technology?
Vice Mayor Plummer: Of course.
Commissioner Dawkins: Then why can't you take this crime bill money and buy technology,
and the amount of technology that you buy, give Commissioner De Yurre that money for hiring
police?
Mr. Odio: Because...
Lt. Longueira: The particular computer or technology we're talking about is the ones that go
into cars.
Mr. Odio: Listen to the question, Joe, because he's not asking for hiring police. He's asking to
pay for overtime to the police that we have. The regulations don't allow that.
Commissioner Dawkins: But...
191 October 26, 1995
Fa
W
Vice Mayor Plummer: Well, can I...
Commissioner De Yurre: If you have... What he's saying, if you have a line item that's for
buying computers, and now, you're getting crime bill money to buy computers, then you free up
that money, and you can allocate it somewhere else.
Lt. Longueira: Right. And what I'rn telling you is that the three million we got for the
computers is for the computers that go in the cars. That item, hopefully, is going to be brought
to the Commission next month, to purchase those items, the mobile data computers in the cars.
It makes the officers more efficient, it saves time, and we take that tirne it saves and we put that
into more enforcement on the street. That was the basis of the grant.
Commissioner De Yurre: Well, I go back to what I'm saying. My motion is to identify five
hundred thousand dollars ($500,000), put it out in overtime with this police impact program, and
let's start cleaning up our streets again.
Vice Mayor Plummer: OK. Commissioner Gort.
Commissioner Gort: Discussion. Every neighborhood that we go into, there's three or four
neighborhoods that have the same problems.
Vice Mayor Plummer: Yeah.
Commissioner Gort: What I would like to do, Victor...
Commissioner De Yurre: I'm not saying just for this one, now. The money is not for this one
only.
Commissioner Gort: But five hundred thousand dollars is not going to go it. I think we should
go beyond that. I personally don't feel that I can tell the Chief of the Police how to do their job,
that's not my expertise. I don't know how to do it. I think they're going into the different
neighborhoods. They have seen what the problems are with the prostitutes and the drug addicts,
and I think that he should come back with a plan where we're going to get... how he's going to
spend that money to enforce - and I don't care how you use it, if you use it in equipment or
technology, or whatever - how you're going to apply that money to enforce this special detail.
We have a special problem in several of our neighborhoods, which are prostitutes, and the drug
addicts, and the drug sales that are taking place. I'd like to see him come back, not only with
five hundred thousand dollars ($500,000), a lot more than that. A complete plan for the whole
three million. We have three million dollars ($3,000,000) coming in, right?
Mr. Odio: No. Let me say something. If the block grant program passes...
Vice Mayor Plummer: No. You can't touch that money.
Commissioner Gort: Wait a minute, wait a minute.
Mr. Odio: ... it will be... You cannot touch the three that is coming in.
Commissioner Gort: OK. Let me ask...
Mr. Odio: We will lose the grant. Now the block...
Commissioner Gort: Let me ask you a question. I'm not too sharp, so you got to explain things
to me.
192 October 26, 1995
W
Mr. Odio: OK. OK.
Commissioner Gort: My understanding is you can use the funds for technology, and your
argument for using the funds for technology is that this will save time, and you'll have more
police time available to go to crime. Now, what we're saying here - and then you tell me if
there's something wrong with this - you're paying that out of general funds. Am I correct, out of
your regular budget? How are you paying for the computers right now'?
Lt. Longueira: You have to pay for it and they reimburse you the three million.
Commissioner Gort: OK. So that is not coming out of the general funds then.
Lt. Longueira: No.
Mr. Odio: No. Those monies...
Commissioner Gort: Those computers that we're buying are already applied to that grant.
Lt. Longueira: That's right.
Commissioner Gort: OK.
Mr. Odio: Now, we expect...
Vice Mayor Plummer: Now let me ask a question.
Mr. Odio: ... if things go well, that the block grant program will mean fourteen point seven
million dollars ($14.7 million), additional, to the City, and it's a nonbudgeted amount. We did
not budget any grants, because we live then in the danger that we don't get them, and then we
have a hole in the budget. We don't have any of those items budgeted. So you may have, in
three or four weeks, the nev is that we have received the block grant monies, which is what we
are... Connie Mack is supporting, thank God, and the Republicans are supporting.
Lt. Longueira: Right. That's different from what we've got already.
Mr. Odio: That's different. It's in addition.
Lt. Longueira: It allows you a broader range of use.
Commissioner Gort: I think what we'd like to arrange here is for you to come up and tell us,
we're going to do this, we're going to create this force to combat the problems that we have in
this neighborhood, and the two or three other neighborhoods, and this is how we're going to
implement it, and we should be able to do it in "X" amount of time.
Vice Mayor Plummer: OK. Mr. Manager, I've said to you before, and I know we get into a
disagreement at all times. Other cities are using Law Enforcement Trust Funds for special
projects. They are, in fact, as long as you come up with an innovative idea that is a pilot
program, you can use Law Enforcement Trust Funds. Now, why are other cities more
imaginative than we are? West Palm Beach came up with a project of monies from law
enforcement addressing auto theft, because they were having a problem. Now, why can't we
come up with some kind of program for - Citywide, like Victor said, or course - that can be
funded from Law Enforcement Trust Funds, as a pilot program? We understand, you can't use
them for the general run of salaries, you can't buy police cars, but you can, and other cities are
193 October 26, 1995
doing it. You know, if we didn't need it and I was bringing it up, that would be one thing. We
need help. And I think that you can come up with these imaginative programs...
Mr. Odio: You know, Commissioner...
Vice Mayor Plummer: ... that, in fact, will do what we need to do. I'm...
Mr. Odio: You know the best thing we have done around here - and you have done it, this
Commission has done it - is the hiring of PSAs (Public Service Aides). The hiring of PSAs has
created an incredible efficiency as part of the... because of... on the patrol side.
Vice Mayor Plummer: We've only been on that one for five years.
Mr. Odio: And that program is now beginning to get into full blown, because into the NET, we
are just going into the NET deployment. And, Chief, what I'm telling you is that PSA program
is really, really working very well.
Chief Donald Warshaw: Yes, it's working very well. And let me just...
Vice Mayor Plummer: Don, the people of Edgewater, the people of other parts of this City, are
looking for some kind of immediate relief. You know, when we were up there, and I was with
you, and I was with... I was there before De Yurre, and they left. When they asked how many
people had had their house broken into or robbed within the last - was it six months? - I got to be
honest with you, I was embarrassed at the amount of people that stood up. Now, these people
are begging out for our help. I say to you, we've got to find a way, whether it's imaginative or
some other way to bring relief to these people who are... the reason we're here for. And I would
say to you that you've got to come back... First of all, I think you need to do something with
those that you have presently there.
Chief Warshaw: Right. And let me just say, we're going to...
Vice Mayor Plummer: And I think you've got to come back to this Commission within less than
a 30-day period, and say to this Commission, "Commissioners, we're going to meet with you
individually, because we don't want to tell the bad guys what we're going to be doing." And you
can come forth with a program that says we're going to do it.
Chief Warshaw: OK. Commissioner Plummer and Commissioner De Yurre, after we spoke the
other night, pending our coming back, we are going to do some very aggressive, tactical
operations in the Edgewater area. And I know that some of the tactical operations that they were
referring to, that occurred before, did occur during impact overtime, where we swooped in there
with sometimes as many as 20 marked cars into the neighborhood, and that's something we
haven't been doing now for, you know, more than a year. But during this next 30-day period, we
are going to work with them. I know the Major has met with them again since the other night,
and we are going to do some aggressive tactical things in Edgewater.
Vice Mayor Plummer: OK. Now, I got another question.
Chief Warshaw: Yes, sir.
Vice Mayor Plummer: OK? I am up to here, when you give me the statistics of the amount of
arrests that you're making in prostitution, and these ladies are back out on the street before the
ink is dry on the report. Some years ago, I very vividly, Mr. City Attorney, remember that we
were told by the Law Department that we had the right to establish an ordinance setting, for the
courts, minimum sentencing requirements. OK? OK. I think we have that right.
194 October 26, 1995
AN
A. Quinn Jones, III, Esq. (City Attorney): I'm not sure. I'll...
Vice Mayor Plummer: OK.
Mr. Jones: I'll check and see, but I think that's the State's prerogative.
Vice Mayor Plummer: Here's the point that was very clear. That upon first conviction of
prostitution by the Courts, they got 15 days; the second conviction, 30 days; the third conviction,
45, and all convictions thereafter received 60 days. Now, I want to tell you, you're almost
wasting our time to arrest her, take her to the jail, and see her back out on the street the next
morning. What has been accomplished? There is no deterrent in that. I'm saying, in some way,
shape or form, I think I was told at that time that we had the right to set minimum standards. Let
me tell you something. I remember so clearly in this town about five years ago, when suddenly,
overnight, we had more prostitutes than you could imagine, overnight. And why? Atlanta,
Georgia instituted 60-day jail sentences, and they got out of Atlanta in a hurry. OK? And unless
we do something that's going to be acting as a deterrent, I think we're wasting our time. I really
do. I hate to see a policeman's time tied up, taking this scenario and having them back out on
the street within a couple of hours. Mr. City Attorney, somewhere along the line, working with
your office and with the Police Chief, I think that you need to bring about a meeting immediately
with the Chief Judge of the Circuit Court. If we have that right to set up minimum sentencing
guidelines, let's go back and either reinforce it, reinstitute it, or let's do something. They want
relief, they're entitled to it. We've not going to be able, through the Police Department, if we
work a hundred extra policemen, to give the folks the relief that they're entitled to. We're
wasting our time.
Mr. Jones: Commissioner, I think that might have been the case. I'll look at it. When we had
the Municipal Courts, and we had Municipal Judges...
Vice Mayor Plummer: No, no, this was after Municipal Court.
Mr. Jones: No, I'd... You know, because right now, you have... Imagine this scenario, where
you have minimum standards, and you have standards that are promulgated across the board,
uniform sentencing guidelines, whatever else. You can't have a sentence imposed, and, for
instance, if you could do it by municipality, it's going to conflict on the one side, and especially
where you've only got one agency that's basically doing the prosecution.
Vice Mayor Plummer: We were told...
Mr. Jones: But that would have made sense when we had Municipal Courts, where we could
have done that.
Vice Mayor Plummer: No, it was after that. Let me say this to you. As I recall...
Mr. Jones: I'll look at.
Vice Mayor Plummer: The best I recall, we had the opportunity to set minimum standards. We
could not impose others, but we could otherwise. You know, I just don't see anything else to
give these people relief with, unless there is going to be a deterrent given not to do it again. OK?
You understandings what I'm saying? So I'm asking -
Chief Warshaw: OK.
Vice Mayor Plummer: - and I don't think anybody up here would disagree - that the Police
Chief and the City Attorney immediately ask for a meeting with the Chief Judge of the Circuit
195 October 26, 1995
Court to tell them that the people of this community will no longer tolerate the idea that a
prostitute is arrested and immediately released back out on the street. I don't know how else to
tell you that. I really don't.
Chief Warshaw: And Commissioner, I will... We are looking right now at some California
ordinances, but they are in cities where they run their own jail, and they have their own courts.
Vice Mayor Plummer: No, no, Article V eliminated Municipal Courts. Oil.? And everybody
was in concurrence with that. I think if the Clerk can look that subject matter up, I think you're
going to find that it was on our books. And I know that the Judges didn't like it. They raised the
devil about it, that the City Commission was trying to tell them what to do, and we agreed, we
were trying to tell them what to do, and give us relief. That's what we were trying to tell them.
Chief Warshaw: While, I agree it might not be the best approach, I want you to know that within
the last 30 days, we've made several dozen prostitution arrests. There's a very aggressive
prostitution campaign going on right now, again tonight, and tomorrow night, this week, along
the boulevard. And I realize it doesn't always have the best results, and people are turned loose.
Vice Mayor Plummer: I would ask one other favor. OK? Starting today, for the next 30 days,
of all of the prostitution arrests that you make, I want a paper trail. I want to know what was the
outcome of that arrest? Did they serve time? Were they given out on time served? Were they
given a fine? I'd like to see a paper trail for the next 30 days on all prostitution arrests.
Chief Warsaw: OK.
Commissioner De Yurre: You know, J.L., it goes beyond this, because the bottom line is dollars.
And .I am sure that our Police Department has identified each and every prostitute that walks our
streets. It's not difficult to do. Now, if I were to say that you arrest one today, she's out there
tomorrow, like it usually happens, and you look for her and arrest her again the same night, and
the next night, and the next night, eventually, she's going to say, "You know what? I can't do
business here because they're putting me away. I can't even make a dollar." You know, that's
the thing that we need to look for. Not to arrest them and then, you know, maybe she'll be out
there for another week or two and make some money. You know, those are the things that we're
looking for.
Chief Warshaw: And it's what we call, Commissioner, legal harassment, and that's what we're
trying to do, is harass them out of the City of Miami, by night, after night, after night.
Commissioner De Yurre: Yeah, but not from... Yeah, but not from Biscayne Boulevard all over
to 8th Street.
Chief Warshaw: No.
Commissioner De Yurre: And then back to Biscayne Boulevard, and, you know, that back and
forth. We've got to chase them wherever they go and get them the heck out of here.
Commissioner Dawkins: They go, Commissioner De Yurre, they go Biscayne Boulevard to 17th
Avenue, and then to Southwest 8th Street and back to Biscayne Boulevard. That's the circle.
Vice Mayor Plummer: Oh, they're all over Grand Avenue now. OK? Look...
Mr. Odio: We're still publicizing the names of the arrested...
Vice Mayor Plummer: I think we need to do... I think we need to publicize the names on
Channel 9 of the guilty ones that are found and convicted. My problem, from what I hear, is that
196 October 26, 1995
they're turning them loose before they ever get to court, really. So all I'm saying is, I think, as
Commissioner De Yurre said, you know, we don't need to waste our officers' time. And the
feeling that I have presently is that we are responding to the complaints of citizens to arrest them.
We are, but we're really not accomplishing much, if anything.
Commissioner De Yurre: Let me ask the Chief something. Chief, Chief...
Vice Mayor Plummer: Through the Manager.
Commissioner De Yurre: ... Chief, hello?
Chief Warshaw: Yes.
Commissioner De Yurre: I made a commitment the other night at the Edgewater meeting that I
was going to make a motion here to get some dollars to get the police impact program back on
track, to help alleviate the situations that we have in Edgewater and other areas of the City. And
I've made a motion, and I will make it, whether I get the votes or not, for the five hundred
thousand dollars ($500,000), unless you can assure me that what that five hundred thousand
dollars was going to do, you're going to do it on your own, and have the impact program in
place. So it's one or the other.
Chief Warshaw: I wish I could say that, Commissioner.
Commissioner De Yurre: OK. Then, you know, I'll still make my motion.
Vice Mayor Plummer: All right. Armando, you want to be recognized?
Mr. Armando Rodriguez: Yes.
Vice Mayor Plummer: All right. Chief, would you let... No, I'm sorry... Well, Armando, ladies
first. Ladies first, OK. For the record, please, your name and your mailing address.
Ms. Pat Fairfield: In honor of presenting one another, my name is Pat Fairfield. I live on 23rd
Street east of Biscayne Boulevard. I work in Bay Realty of Florida, Inc. I have lived there and
worked there approximately 17 years. When I came, my opinion of the police in Miami was
terrible, because of the experiences I had. I saw tremendous improvement. I saw concern. I saw
the setting up of a mini station. I saw a sergeant who had the interests of the neighborhood at
heart, who was willing to really work with you and clean up the place. I saw from four
prostitutes on a corner, daily, 24 hours a day, to nothing on a corner 24 hours a day. I am seeing
prostitution coming back, not only female but male prostitutes. I am seeing, since the mini
station was closed, which was when Sergeant Heatherington retired, and also physically, it
needed repairs, so I know it's more than just his retiring. I have seen an increase in robberies
and in vandalism. There was a week when I must have had, in about 34 properties that I
manage, probably seven to ten vandalisms. I called the police. They're very nice. They give me
a card. They give me a case number. I file it away, and I have yet to hear that this person has
been caught. Will I go after them? You better believe I'll go after them. I have no hesitancy.
But I never hear of anyone being caught. The Edgewater and Wynwood are together, right now,
as a NET substation, and I understand the whole theory. My comment there is Edgewater and
Wynwood are two different type of neighborhoods. Wynwood is basically residential.
Edgewater has got this commercial U.S. 1 right in the middle, high-rise, and it's just totally
different. The needs are different. One isn't better than the other, but they're different than each
other. We need a mini station, a substation, whatever you'll give us, in Edgewater, that's
concerned primarily with .Edgewater. The number of break-ins I've had, I can't tell you, but you
know...
197 October 26, 1995
Vice Mayor Plummer: Pat, Pat, can I ask you to conclude? We've got an awful lot to do. I
made the comment the other night, Armando, and I'm still of that thought at this particular time,
and I understand my thoughts were even more fortified by Mr. Joseph, who came there from the
Omni area. Mr. Manager, after everything is said and dune. I made a comment that I thought
that we ought to consider a NET office for this particular area. it was also said that, in fact, that
a NET office would he possibly helped and subsidized by the Omni area, that they had additional
monies. Now, I think that you...
Mr. Rodriguez: OK. Let me... Let me clarify.
Vice Mayor Plummer: For the record, your name and address.
Mr. Rodriguez: OK. My name is Armando Rodriguez. I am the president of the Concerned
Citizens of Edgewater. A lot of things have been said here this afternoon, and 1 think we are
going in circles around the situation in Edgewater. Nothing has to do with the Chief or the
Police Department. I think they're doing their very best. There is a reality, and everybody
knows me, and everybody knows Edgewater here. Three years ago, we were in a very critical
situation. Edgewater improved, and Edgewater and the area is going down the drain again with
crime. Bottom line: not enough police officers. I mean, you can name it any way you want.
Another aspect: we don't have anymore the street narcotic unit. It might not work in some other
places, it worked in Edgewater, because when you call Lieutenant Brooks, and now it's Assistant
Chief Brooks, they were fantastic. I called them in the morning. At night, they raid a house.
Bang. Things were out of the situation. That does not exist anymore. We are involved in a kind
of red tape situation there, that has to be solved. I don't know. The other day, Mr. De Yurre
suggested to the community to get a million dollars. Now, we're talking about five hundred
thousand. I would like to remind these Commissioners that Edgewater has a lot of rehabilitation
houses, and no more than a year ago, due to another situation - that is the homeless shelter that
was going to be open in 15th Street and Miami Avenue - the idea was suggested and voted by
this Commission to have more police officers in that area, too. So that is something that we have
to consider. Bottom line, you heard from the neighbors, you heard that from the neighbors. I
mean, there are neighbors here with this concern. We need more police officers. I mean, they...
It's no problem with the NET office, but not at the Omni. I want to be honest to you. The Omni
is not the center of Edgewater. The Omni is on 16th Street and Edgewater goes from 17th to 36.
Now, I want to make this clear, you know, because, you know, things get distorted, and them we
end into something else. And they only have a little office, and if we enter with the NET office
at the Omni, that is not going to help Edgewater at all. OK? I just want to clarify the point.
Vice Mayor Plummer: My indication, Armando, it never was my indication that the NET office
would be in Omni. All right? I said that the NET office should address the areas in and around
Edgewater. I still think to say to you in the long run, the NET office would be the best answer,
because you not only get the cadre of policemen, but you get sanitation inspectors, you get
building inspectors, you get a full range of services out of a NET office. I still will make a
recommendation to the Manager that he study the possibility of putting in a NET office in that
area.
Mr. Rodriguez: I think that's a good idea, but I think...
Mr. Odio: Armando, Armando, Armando.
Mr. Rodriguez: In the immediate future, we need to solve the problem of the police.
Mr. Odio: Armando, he's going to do some...
Vice Mayor Plummer: There's no question, we got to do that.
Mr. Odio: He's going to do some tactic... Can I... Can I... Can you, please.. If the Commission
wants another NET office in Edgewater, the normal procedure under the NET system is that the
neighborhood would decide where to go. When NET was created, you voted on it. So you've
always been part of it.
Vice Mayor Plummer: But we look for you to give us a freebie office.
Mr. Odio: So why would we put it somewhere where you don't want it?
Vice Mayor Plummer: I'll make a motion at this time, as I said that I would, also, that the
Manager be instructed to make haste on establishing with the neighborhood a NET office in the
Edgewater area. I'll so move that, if there's a second.
Commissioner De Yurre: Second. If that's what the community wants there, and it serves a
good purpose, so be it.
Vice Mayor Plummer: OK. Now, that's the first one. Is there any objection? Show a
unanimous ballot.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-776
A MOTION INSTRUCTING THE CITY MANAGER TO WORK EXPEDITIOUSLY
WITH THE EDGEWATER RESIDENTS TOWARD THE ESTABLISHMENT OF A
NET (NEIGHBORHOOD ENHANCEMENT TEAM) OFFICE IN SAID
NEIGHBORHOOD.
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
Vice Mayor Plummer: Now, Mr. Manager, I'm going to go one step further. Besides the idea of
what I asked the Chief to do in meeting with the different people - OK? - I would ask the Chief
to come back to us on the 16th of November, inviting Armando and whoever else wants to come
back, and to, in fact... Who'll be here? I'll be here or I won't be here. I refrained from politics.
Why are you bringing it up? I would invite that the Chief come back with some kind of
immediate relief' for these people, and I would hope the immediate relief you're going to give us
is a report of what you've done, not a report of what you're going to do. And I think that's very
important, and I would hope you would do such. If the lady would like to speak, your name and
mailing address, and we ask, please be brief.
Ms. Nancy Onesky: I will. My name is Nancy Onesky, and I live in Bay View Towers, which is
located at 555 Northeast 30th Street in the Edgewater area. I own there. I've lived in the
199 October 26, 1995
Edgewater area for 14 and a half years. I think what Armando was... What Mr. Rodriguez was
saying was the undercover work, when they used to go in, was very important, because now, in
the Edgewater area, they sell drugs openly. They sell drugs openly on 30th Street. When I
walked down 30th Street, ten, eleven, twelve, 13, 14 years ago, you could walk safely. I
wouldn't walk down through those drug addicts now. I know that it's very hard for people,
because there's a lot of areas in Miami, but this is the threshold to downtown Miami, and you
have all kind, of things on the books. Mr. Plummer, that's what you told us the other night. If
the threshold to Miami is bad, are the people going to go down there?
Vice Mayor Plummer: No.
Ms. Onesky: People are afraid to go to the Arena that's already there. There are lots of people
that won't go there at all.
Vice Mayor Plummer: Ma'am, 1 would, likewise, invite you to work with the Administration
and the Department and... So that we cannot be accused by Armando on the 16th of November
to stop the circle...
Ms. Onesky: I will be glad to.
Vice Mayor Plummer: ... that we're running around in, and hopefully produce something that
will be beneficial for the area.
Ms. Onesky: I'm trying to get as many people in the building to participate with the ordinance
officer assigned to our area. Also, he's inviting the policemen assigned to the Edgewater area to
come to the meeting, and we opened the association meeting up to all of the residents in the
building so they may learn how they can cooperate. OK. We're not asking for you to do
something without our cooperation.
Vice Mayor Plummer: We'll see all of you on the 16th.
Ms. Onesky: Thank you.
Vice Mayor Plummer: And thank you very much.
Commissioner Dawkins: Sixteenth, what? We got a meeting here on the 16th?
Vice Mayor Plummer: Of November.
Commissioner Gort: Yeah, the 16th of November.
Commissioner Dawkins: Oh. Mr. Vice Mayor.
Vice Mayor Plummer: Sir, Commissioner Dawkins.
Commissioner Dawkins: You know, if we do not increase the police presence as suggested by
Commissioner De Yurre, we are just spinning our wheels. Now, if you go ahead and attack the
crime problem in Edgewater, you push the criminals into Wynwood. You also push them into
Overtown, and you push them into Omni. So if we're really talking about addressing it, let's
have an aggressive police policy that aggressively attacks crime from Edgewater up through the
Omni and Wynwood at the same time. If you... And I don't know how you're going to do it
with the manpower that you got, but don't come back here telling me that we're going to address
the crime area in Edgewater when I know Wynwood, Overtown and the other areas are suffering
the same thing.
200 October 26, 1995
Vice Mayor Plummer: I would hope that we could be so aggressive we push them to Atlanta,
where they came from. The next item that we're going to discuss.
Commissioner De Yurre: Well, time out a second.
Vice Mayor Plummer: I'm sorry?
Commissioner De Yurre: I'm still going to make my motion..
Vice Mayor Plummer: Oh, OK.
Commissioner De Yurre: If it fails, it fails, but I'm going to move right now that...
Vice Mayor Plummer: Mr. Manager.
Commissioner De Yurre: ... the City Manager make available five hundred thousand dollars
($500,000) to the Police Department for the police impact program. That's my motion.
Commissioner Dawkins: Second.
Vice Mayor Plummer: All right. The question...
Commissioner Dawkins: Willy, you seconded?
Vice Mayor. Plummer: Wait a minute.
Commissioner Gort: No.
Vice Mayor Plummer: The question is, where is the money coming from? Now, if the money is
available, I got no problem.
Commissioner De Yurre: Well, Mano, talk to Mano Surana. He told me it was available.
Vice Mayor Plummer: Well, then, let's get him out here. No, I mean, hey, I'm not going to
write you a blank check that's a bad check.
Commissioner Gort: Commissioner...
Mr. Odio: I don't want to put Mano Surana in that position.
Vice Mayor Plummer: OK.
Mr. Odio: He works for me. I... I said... I asked him and he said it was a misunderstanding,
that he was talking about crime bill monies, and I support that position. I don't think it's fair to
put him in that, Commissioner. That's why I said to you that I couldn't recommend taking out of
the general fund rive hundred thousand dollars ($500,000).
Vice Mayor Plummer: Mr. Manager, it's not fair for these people to hear that we passed
something and then it can't be done.
Mr. Odio: But the Chief has promised that he would take action. And if we start... My concern
is, we have a solid budget, and if we start... Well, I understand. I understand what... Look. It
was my doing that we created the impact teams, and it worked well for a while. I want you to
201 October 26, 1995
A
know that the impact teams were great. But after a while, the criminals began to know where
our overtime people were going. We had to change tactics. They are smart people out there.
They are smart. So we need...
Vice Mayor Plummer: Commissioner De Yurre...
Commissioner Gort: Commissioner Plummer...
Mr. Odio: He's got a new plan that we have to use.
Vice Mayor Plummer: Commissioner Gort.
Commissioner Gort: Victor, I think your motion said... The attention that we wanted to get
accomplished today, I think we have accomplished that. I think what they wanted was for the
police to put the emphasis in Edgewater. But the thing that you're doing by targeting "X"
amount of money to one neighborhood, tomorrow, you're going to have all the other
neighborhoods coming up for the same thing. That's why I sent a memo to the City Manager,
instructing; him to instruct the. Chief of Police to come back, like we're asking, by the loth, with
something that already has been in place, not only that's going to help Edgewater, but the whole
City of Miami, and all the neighborhoods have the same problems.
Mr. Odio: Let me do... I agree with you. First...
Commissioner Gort: Let the professionals... I'm not going to tell the Chief how to do his job, or
how much money he needs. He's got to come back and tell me how he's going to solve their
problem, and how much he needs.
Mr. Odio: Well, the first thing we will do, Commissioner De Yurre, and I know their concerns,
too, and I know your people are trying to address it, and we all have the same... The moment we
open the NET office... Right now, he has to go and find a... We have to appoint a lieutenant
which will be responsible for that Edgewater area only, with the NROs (Neighborhood Resource
Officers) that go with him, and the staff that they will draw. So then immediately after we open
the NET office, which will be tomorrow, because I'm going to... We're working on that right
now. Well, if they give me a space, we'll put people in there tomorrow. Then the lieutenant will
draw staff towards that direction. Am I correct, Chief?
Chief Warshaw: Yes.
Commissioner Dawkins: Let the records reflect that at no time did any member of this
Commission who spoke in favor of five hundred thousand dollars ($500,000) being made
available earmark that amount of money for Edgewater. I specifically said that crime must be
addressed from Edgewater, Wynwood, Overtown and the Omni.
Vice Mayor Plummer: He's saying it just isn't for Edgewater, it's for everyone.
Commissioner Dawkins: And I think that's where we were headed. So don't let the record
have... Let the records reflect that at no time that those of us who voted, motioned and made the
second for five hundred thousand dollars ($500,000) to be earmarked and spent only in
Edgewater.
Mr. Odio: No. That's why Commissioner De Yurre said it was Citywide, I believe. And what
we are doing now, they're coming... They're coming out ahead, because they're going to have...
A full-time lieutenant is seventy thousand dollars ($70,000). Two NROs...
202 October 26, 1995
Commissioner Dawkins: All I'm interested, Mr. Manager, in is that the record reflect - because
people will pick up the record and do not understand what was said, OK?
Mr. Odio: It was said Citywide.
Commissioner Dawkins: And then somebody will come and say, well, Edgewater was down
there, beat up on them, and they gave Edgewater five hundred thousand dollars ($500,000).
Let's go beat up on them and get us five hundred.
Commissioner De Yurre: Just to wrap this up, the reason I brought this police impact program is
because the Chief specifically told me night before last that was the most effective thing that
they had.
Mr. Odio: It was, it really was.
Commissioner De Yurre: So it was. That's why... So it isn't that I'm coming up with ideas.
It's the fact the Chief said that's what he needed. So let's just call the roll and wrap this up so
we can move on to something else.
Vice Mayor Plummer: OK. Call the roll.
Commissioner Gort: Before... No, before the roll.
Vice Mayor Plummer: What?
Commissioner Gort: I want to ask the Chief a question.
Vice Mayor Plummer: All right. I'm sorry. Commissioner Gort.
Commissioner Gort: Is that what you need now? Is that going to be sufficient to take care of all
the problems, Citywide - the five hundred thousand dollars ($500,000)?
Chief Warshaw: Is that going to solve all the problems of the City?
Commissioner Gort: Yeah. That's... My understanding is that's what we're doing now. Is that
what we're doing?
Commissioner De Yurre: No, it's not going to solve all their problems. Then, you know, I'd be
a magician.
Vice Mayor Plummer: That's a loaded question. Geez. All right. Look, I think that at least,
we're trying. OK? We're not going to solve all the problems here tonight. They didn't come
here overnight. You're not going to solve them overnight. I think we've come a long way,
baby. OK? And as far as I'm concerned, I think we're heading in the right direction. My only
fear is in making a promise of money that we don't, maybe, find the funding for, but I'll vote for
it. Hey, I'll vote for this, but I have to be honest, OK? If the Manager comes back and says he
can only find three hundred thousand dollars ($300,000), then that's got to be understood. That
we're going to spend the money that we have, with the addition of a NET office being
established. Call the roll.
203 October 26, 1.995
OWN
r
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-777
A RESOLUTION ALLOCATING $500,000 TO THE MIAMI POLICE DEPARTMENT
FOR THE POLICE IMPACT PROGRAM TO BE USED IN CURTAILING CRIME IN
NEIGHBORHOODS THROUGHOUT THE CITY, FORM A FUNDING SOURCE TO
BE IDENTIFIED BY THE CITY MANGER.
(Here follows body of resolution, emitted 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 Wit'redo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: Wait a minute, wait a minute. I haven't voted yet. Give me a break.
Vice Mayor Plummer: OK.
Commissioner Gort: Before I vote, I want to make sure that you all understand the motion that
is being made in here. At the same time, I want you to understand, don't expect tomorrow
you're going to see police officers all over doing this, because this takes a while. So I want you
to understand that. And one of the things that we ask the Chief is to come back with a plan, and
he might require to get more money than that.
Vice Mayor Plummer: On the 16th.
Commissioner Gort: And we'll look for it. I want you to understand that. Yes.
204 October 26, 1995
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COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Plummer: All right. Hopefully, we will see all of you on the 16th of November.
All right, to my colleagues, 16th of November.
----------------------------------------------------------------------------------------------------------------
82. BRIEF DISCUSSION ON DATES FOR COMMISSION MEETINGS IN
DECEMBER. (See label 84)
Vice Mayor Plummer: To my colleagues on the City Commission, we normally, traditionally,
have only had a double meeting on one day in December. May I recommend to you December
the 7th?
Commissioner Dawkins: So move.
Vice Mayor Plummer: De Yurre?
Commissioner De Yurre: Sure, the 7th.
Vice Mayor Plummer: OK. The 7th?
Commissioner De Yurre: Not the 25th, the 7th.
Vice Mayor Plummer: The 25th.
Commissioner De Yurre: OK, it's the 7th.
Vice Mayor Plummer: OK. There's a motion made by Commissioner Dawkins, seconded by
Commissioner De Yurre, that the meeting in December, both meetings take place, Mr.
Manager... Mr. Manager, that both meetings in December will take place on December the 7th.
Mr. Cesar Odio (City Manager): The 7th?
Vice Mayor Plummer: There will be a meeting in the morning of the regular agenda. There will
be the Planning and Zoning in the afternoon.
Mr. Odio: OK.
Vice Mayor Plummer: Do we have a... What happened to our quorum? Hello?
Mr. Odio: December 7th.
Vice Mayor Plummer: Time out, time out. OK? Mr. Manager, we're going to take a five
minute recess.
Commissioner Gort: Approved.
Vice Mayor Plummer: It's approved, and three patrolmen of the area will be there to patrol. We
have one other meeting to discuss, and that is Carrefour - or Five, or Six, or Seven, or Eight, or
whatever. We're going to come back here at six -twenty-one and start.
205 October 26, 1995
A. Quinn Jones, III, Esq. (City Attorney): You didn't vote on the change yet, right?
Vice Mayor Plummer: Yes.
Mr. Jones: Yes?
Vice Mayor Plummer: We did vote on the change, Mr. Walter, did we not?
Commissioner Gort: No.
Mr. Walter Foeman (City Clerk): No, we didn't.
Vice Mayor Plummer: I'm sorry. Call the roll. No, we don't have three votes.
NOTE FOR THE RECORD: At this point, there was a 3-minute
recess.
----------------------------------------------------------------------------------------------------------------
g3. VICE MAYOR PLUMMER REQUESTS MANAGER TO WRITE TO NBC
(CHANNEL 6), ON BEHALF OF THE MAYOR, THANKING THEM FOR
AIRING TWO HOURS OF POSITIVE TELEVISION PROGRAMMING
ABOUT MIAMI ON THE "TODAY" SHOW.
---------------------------------•-------------------------------------------------------------------------------
Vice Mayor Plummer: Again, please, any meetings no relating to Carrefour, outside. I would
like to get out of here this evening. OK?
Mr. Cesar Odio (City Manager): Mr. Vice Mayor, can I say something?
Vice Mayor Plummer: Mr. Manager, sit down for a minute till I get a quorum. OK? Six -
twenty -one it is. Mr. Manager, may I make one comment prior? I would ask that the City
Manager, on behalf of the Mayor, who is not in the City, write a letter to NBC (National
Broadcasting Company), Channel 6, Miami. Miami. Listen, you tourist! I would like for you
to, in the best of terms, to congratulate and thank them for giving the best kind of exposure to
this community. Two hours of network in the "Today" program yesterday. Everything that was
said by Willard Scott and all the participants was positive. And I just think that when we have
something like that, we need to say "thank you." I would hope, in behalf of the Mayor... I'll
sign it and the rest of this Commission, I hope, would sign that letter, saying we appreciate what
you did. OK?
206 October 26, 1995
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84. (Continued) RESCHEDULE BOTH DECEMBER COMMISSION MEETINGS
TO TAKE PLACE ON DECEMBER 7, 1995. (See label 82)
Vice Mayor Plummer: Now, who brought Carrefour to the table?
Commissioner Dawkins: No, call the roil on changing the date to the 7th.
Vice Mayor Plummer: Call the roll on making the date of December the 7th in which the regular
meeting would start at nine a.m., and the Zoning meeting at two -thirty in the afternoon. There
will be two separate meetings.
Mr. Walter Foeman (City Clerk): Commissioner, we've had a request from Administration for
four -thirty as to the PZ (Planning and Zoning) meeting.
Vice Mayor Plummer: Well, what happens if we don't have a big agenda?
A. Quinn Jones, I11, Esq. (City Attorney): Well, there are some P&Z items, as a result of a
change in the law that you can hear in the morning. Now, there are some items that may have to
be heard, but we have to make the determination.
Vice Mayor Plummer: My question is, if you make it for two -thirty, and you don't start until
four -thirty, what's the problem?
Mr. Jones: Nothing. You just got a two-hour delay.
Vice Mayor Plummer: But what I'm saying is, why have a two-hour gap, like we had a four-
hour today?
Mr. Jones: What I'm saying to you, Commissioner, there are some items that may have to be
heard after five o'clock. OK?
Vice Mayor Plummer: All right, fine.
Mr. Jones: And there may be some - I'm sure there will be some - that can be heard in the
morning, as a result of the change in the law.
Vice Mayor Plummer: So you're saying four o'clock?
Mr. Jones: I don't know.
Vice Mayor Plummer: Huh?
Mr. Jones: I don't know what the agenda is going to look like.
Mr. Cesar Odio (City Manager): I have no idea what the P&Z...
Vice Mayor Plummer: Well, nobody does.
Mr. Jones: Well, let's make it... Well...
207 October 25, 1995
Mr. Odio: We can... Four -thirty is even fine to start, but can we start at two -thirty, P&Z?
E
Mr. Jones: No. No. You'd have to advertise it.
Mr. Odio: And have an item for four -thirty? Can you start P&Z at two -thirty and finish by...
And start the...
Mr. Jones: Let's do it this way. The items that we deean that... P&Z items that we deem that
can he heard before, we'll do them as part of tite regular agenda, and then we could start, say, to
he cm the safe side, start the others at four -thirty.
Vice Mayor Plummer: Call the roll
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-778
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF DECEMBER TO COMMENCE AT 9:00 A.M. ON DECEMBER 7,
1995; FURTHER RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING OF DECEMBER TO COMMENCE AT 4:30 P.M. ON DECEMBER 7,
1995.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
208 October 26, 1995
Ask
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85. EXTEND HOURS FOR PACKAGE LIQUOR STORES TO REMAIN OPEN
FOR BUSINESS DURING CHRISTMAS AND NEW YEAR HOLIDAYS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Manager, should we pass... At this time, always there's a request
here to extend the hours of alcoholic serving on both Christmas Eve and New Year's Eve.
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Plummer: What is the...
Mr. Odio: Downtown... I don't remember the times.
Vice Mayor Plummer: What are the... Mr. City Attorney...
Mr. Odio: What we did at prior years.
Vice Mayor Plummer: Whatever we've done in prior years about the extension of the alcoholic
beverage laws on New Year's Eve and Christmas Eve, whatever that was in the past, we so move
at this time. In previous years.
A. Quinn Jones, III, Esq. (City Attorney): Whatever it is, I don't...
Vice Mayor Plummer: Whatever it was in previous years, no more and no less. Call the roll.
Mr. Jones: The hours of operation.
Vice Mayor Plummer: Hours of operation, yes.
Mr. Walter Foeman (City Clerk): May I have a movant?
Vice Mayor Plummer: I moved it and Gort seconded it.
Mr. Foeman: OK.
209 October 26, 1995
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-779
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXTEND THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES BY ALL
LIQUOR STORES WITHIN THE CITY LIMITS DURING CHRISTMAS AND NEW
YEAR'S HOLIDAYS.
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.
NAYS:
ABSENT:
None.
Mayor Stephen P. Clark
----------------------------------------------- ----------------------------------------------------------------
86. (Continued) FURTHER DISCUSSION CONCERNING CARREFOUR CORP.
(See label 80)
Vice Mayor Plummer: OK. Who brought this Carrefour to the table?
Commissioner Dawkins: I did.
Vice Mayor Plummer: Commissioner Dawkins.
Commissioner Dawkins: Mm-hmm.
Vice Mayor Plummer: Who is to start the...?
Mr. Cesar Odio (City Manager): Let me say this.
Vice Mayor Plummer: The Manager.
Mr. Odio: They just talked to me outside. The Carrefour people do not want to be heard today.
Commissioner Dawkins: So they can go home.
Vice Mayor Plummer: OK? Commissioner Dawkins, they don't wish to speak or to be heard.
Commissioner Dawkins: They may go home and come back when they want to be heard. I will
hear the other group.
Vice Mayor Plummer: OK. The other group can be heard. Now, you understand, if I
understand, they're not going to speak this evening.
210 October 26, 1995
Mr. Gary Cohen: Commissioner.
Vice Mayor Plummer: What?
Mr. Cohen: Could I just explain?
Vice Mayor Plummer: Well, no, let's make a determination. We're not going to...
Mr. Cohen: Sir, I need to explain why we're here.
Vice Mayor Plummer: No, you don't.
Mr. Cohen: The issue is being...
Vice Mayor Plummer: No, you don't, sir. You do not need to explain that to me.
Commissioner Dawkins has brought this to the table, and if Commissioner Dawkins said you can
go home, sir, you can go home. Now, if this group wants to be heard tonight...
Commissioner Dawkins: Or go home. They can go home.
Vice Mayor Plummer: If they don't want to be heard, we'll all go home at this point.
Commissioner Dawkins: That's right.
Vice Mayor Plummer: All right. Now, do you wish to be heard?
Ms. Theodora Long: Yes.
Ms. Teresita Gyori: Yes.
Vice Mayor Plummer: Fine. This... Is this a zoning matter, Mr. Manager?
Mr. Odio: No, this is a money...
Vice Mayor Plummer: All right. So they don't have to be sworn in.
Mr. Odio: This is a money matter.
Vice Mayor Plummer: OK. They don't have to be sworn in. All right? Ma'am, hello? Good
morning, hello?
Ms. Long: Yes. Yes.
Vice Mayor Plummer: Your name and mailing address, and you have three minutes. Set the
clock.
Ms. Long: OK. I'm not going to speak first. We have brought a video from the Robert King
High Towers, which is directly across the street from the 789 Northwest 13th Avenue.
Vice Mayor Plummer: Did I hear your name and mailing address?
Ms. Long: No.
211 October 26, 1995
Vice Mayor Plummer: I don't think I did.
Ms. Lang: My name is Theodora Long. I live at 901 Northwest 14th Court. Again, my name is
Theodora Long. I live at 901 Northwest 14th Court. I will be the second person to speak,
because we told you that the president of the Robert King High Towers is in the hospital, and we
brought... He has a short, little three minute thing for you to hear, because they live directly
across the street from where this facility will be. So I think that if we could do that first, that
would be...
Vice Mayor Plummer: No, I'll tell you what I'd like to do first.
Ms. Long: OK.
Vice Mayor Plummer: All right?
Commissioner Gort: What are we discussing?
Vice Mayor Plummer: I'd like the Manager to tell me what this whole thing is about.
Mr. Odio: I have no idea why they're here today...
Vice Mayor Plummer: No, no, no.
Mr. Odio: ... since their problem has been resolved.
Vice Mayor Plummer: Tell me what is the proposal.
Mr. Odio: OK. There are two issues here. One...
Commissioner Dawkins: Wait a minute. They are here because they came to my office. I have
said this five or six times. Let me say it again. Both groups are here because they came to my
office and said that this was not being heard, OK? I said, fine, I'll bring it up as a pocket item to
be heard, so that it can be discussed and a decision can be made. I cannot guarantee what the
decision will be. Now, after the ... And I was given materials by both sides. We cannot take
sides on this. That's why I brought it before the full Commission...
Vice Mayor Plummer: What is the issue?
Commissioner Dawkins:... for them to explain to the full Commission what they wanted to
explain tome. And when... And that's all.
Vice Mayor Plummer: Commissioner... Mr....
Commissioner Gort: I understand all that...
Vice Mayor Plummer: Excuse me. Listen...
Commissioner Gort: ... and I agree with you, and I don't have any problem with that. But I'd
like to know what is the issue that we're discussing.
Vice Mayor Plummer: All right. I'm going to ask the City Manager...
Commissioner Gort: Staff has got to tell us what the issue is, because...
212 October 26, 1995
N 04
Mr. Odio: Can I say it? It's a hot potato. Now, having said that...
Commissioner Dawkins: Commissioner...
Vice Mayer Plummer: No, no, conic on. We... I don't need...
Commissioner Dawkins: Your thoughts are the same as mine. What is the issue? That's why I
brought it before us.
Vice Mayor Plummer: OK. Staff...
Commissioner Dawkins: That's all.
Vice Mayor Plummer: ... through the Manager or whoever other educated person there is over
there.
Mr. Odio: May I? May I? Well, then, we have...
Vice Mayor Plummer: What is the issue?
Mr. Odio: We have to look... There are two issues.
Vice Mayor Plummer: All right, sir. Number one.
Mr. Odio: One, a contract with Carrefour for fifty thousand dollars ($50,000) to put them in
operation, their staff.
Vice Mayor Plummer: Has that been granted? Is that what they're requesting?
Mr. Odio: The Commission approved it, and we did not execute the contract, because the
second issue is that the application of the monies that we had to rehabilitate the building was
incorrect. What they indicated they would have as an operation there was not so. So at that
time... And we rescinded the application, and we did not execute the contract for the fifty
thousand dollars ($50,000). That's what they want us to do. Now, Carrefour was different...
Vice Mayor Plummer: Can we do that, sir? Can we rescind that previous action?
Mr. Odio: We sure did. We sure did.
Vice Mayor Plummer: We have.
Mr. Odio: We have the right to do that.
Vice Mayor Plummer: All right. So then...
Mr. Odio: On the basis - and let me put it on the record, in case... because there are lawyers
here. And the basis that we have too many of those types of operations within the City limits,
and it goes against your own wishes. So that is why...
Vice Mayor Plummer: OK. Now, if I understand correctly, if the matter has been, in fact,
rescinded, why are these people upset?
Mr. Odio: I do not understand...
213 1 1 October 26, 1995
al
Vice Mayor Plummer: OK.
Mr. Odic): ... why they're here today, because they got what they wanted.
Vice Mayor Plummer: Now, you've heard the Manager speak. The Manager has indicated the
matter has been rescinded...
Ms. Long: Right.
Vice Mayor Plummer: ...and we want to know now why are you upset?
Ms. Long: We're only here because Carrefour asked to be on the agenda, and we...
Commissioner Dawkins: Well, Carrefour... OK, OK. The Man... Hold it, let me resolve this,
OK? I withdraw everything. The Manager says that he has rescinded it, and let's go home. So
move.
Ms. Gyori: No, no. No.
Vice Mayor Plummer: The matter is now, if you wish...
Mr. Gyori: Please.
Vice Mayor Plummer: ... you can schedule this through the agenda clerk at the next meeting for
a regular publicized item.
Ms. Gyori: May I say something, please?
Vice Mayor Plummer: I... You can say something but...
Commissioner Gort: Why don't you quit? You're ahead.
Ms. Gyori: OK. But it is important.
Vice Mayor Plummer: OK. Well, say it.
Ms. Gyori: OK.
Vice Mayor Plummer: After you tell me your name and your address.
Ms. Gyori: Teresita Gyori, 1718 Southwest 17th Avenue. I was under the impression, in
reference to the fifty thousand dollars ($50,000), that that was going to be given tomorrow, and
that's why they went ahead and initiated this.
Mr. Odio: No, no, no.
Ms. Gyori: No nothing. Can we get it in writing?
Mr. Odio: N-O. In Spanish, it's "no," and in English, it's "no."
Ms. Gyori: Can I get it in writing, please?
Vice Mayor Plummer: No.
214 October 26, 1995
Mr. Odio: No. No. It's on the record.
Ms. Gyori: OK.
Vice Mayor Plummer: He's only broken his word one time, and he wound up married. All
right. Now, wait a minute. Commissioner Dawkins.
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: Now, let's have a... let these people walk out with some understanding.
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: Is it your intent to schedule this at the next Commission meeting as a
regular agenda item, or do you feel that it's necessary?
Commissioner Dawkins: I feel... OK. Now, I feel that the Manager has said...
Vice Mayor Plummer: Clearly.
Commissioner Dawkins: ...that he rescinded whatever it was.
Vice Mayor Plummer: OK.
Commissioner Dawkins: Therefore, in my opinion, everything is dead. If I reschedule it again
and it comes back before the Commission, the Manager will do the same thing, rescind - I mean
not - no, I'm sorry. The Manager will make the same statement, that he has rescinded the issue.
So why bring it back.
Vice Mayor Plummer: That's the Manager's opinion. He's entitled to it. I'm asking my
colleague, what do you want to do?
Commissioner Dawkins: No. No. I'm finished with it.
Vice Mayor Plummer: You're what?
Commissioner Dawkins: We finish... I'm finished with it.
Vice Mayor Plummer: Well, the item is dead. I can't vote. That's a conflict of interest. Good
night, sir. Thank you. Is there any other matter to come before the...
Commissioner Dawkins: Mr. City Attorney, are we in compliance when we follow the
recommendations of the. Manager, who says he has rescinded this?
Mr. Joel Maxwell (Deputy City Attorney): Yes, sir, that's your prerogative to do that. You can
follow, or you can do whatever you want to do, but it's OK.
Vice Mayor Plummer: Hey, you know, I got to be honest, and I'll conclude by saying this. This
is not the way to do very hot controversial items. It really is not. I'm embarrassed for him, who
I can't allow him to speak, because he asked for a withdrawal. I'm embarrassed for you, because
you really don't need to speak. OK?
Commissioner Dawkins: Then all you have to do is... You bring it back as an item yourself.
215 October 26, 1995
N
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Vice Mayor Plummer: No, I'm not going to bring it back. It's an item...
Commissioner Dawkins: Well, then, all right, then. You're not embarrassed.
Vice Mayor Plummer: To me, it's not necessary.
Commissioner Dawkins: Then you're not embarrassed.
Vice Mayor Plummer: But there's so much confusion that when I walked into this door, and I
think Commission Gort, we didn't know what the... why it was here. I mean, that's no way to
run an airline.
Ms. Long: May I just ask? So do I understand it correctly that the project will not be a go
project?
Vice Mayor Plummer: As far as this City is concerned...
Ms. Long: When I leave here...
Mr. Cohen: No.
Ms. Long: ...I can understand that?
Vice Mayor Plummer: Well, we can tell you, financially, as far as the City is concerned. Now,
they might get funding from somewhere else.
Ms. Long: We understand that.
Vice Mayor Plummer: And they might do that. But according to the Manager... Excuse me.
Let me make it even clearer for you. Since the Manager has rescinded, to go forward with the
City again would have to be an action before this board, and it would have to be publicized.
Mr. Odio: J.L., let me make one statement, please. Don't misunder... We, the City - and they
have supported us - we will not give them any monies. Now, if they're going to find private
monies to build it, then they have to come through the zoning process, so they still have to end
up here at some point.
Vice Mayor Plummer: Well, I think they'd have to do the zoning process anyhow, wouldn't
they?
Mr. Odio: Anyhow, yeah, but... but not...
Vice Mayor Plummer: Whether it's public money or private.
Mr. Odio: But not with our... The difference is they won't have the money from the City.
Vice Mayor Plummer: OK.
Ms. Long: Thank you.
Vice Mayor Plummer: So let me... Let me leave it with everybody this way.
Ms. Long: But they have to get a zoning variance. he just said that.
216 October 26, 1995
i
Vice Mayor Plummer: As far as I understand, this matter is a completely non -matter.
Commissioner Dawkins: J.L., listen. This matter is in J.L. Plummer's funeral home. Dead and
buried. i
Vice Mayor Plummer: OK. As far as I know. we are in adjournment until November the 16th.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:35 P.M.
Stephen P. Clark
MAYOR
`i
ATTEST:
Walter J. Foeman
CITY CLERK
Maria Josephine Argudin
ASSISTANT CITY CLERK
i
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10
IN CORP ORATEG
is 96
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217 October 26, 1995