HomeMy WebLinkAboutCC 1995-11-16 Minutes5w
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Mot.;_
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OF MEETING HELD ON raovlr�l3LR 16, 1995
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PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
INDEX
MINUTES OF REGULAR MEETING
November 15, 1995 continued to November
16, 1995
PAGE
ITEM
SUBJECT
LEGISLATION
NO.
NO.
1.
ACCEPT CITY CLERK'S CERTIFICATION
R 95-781
1-2
/ DECLARATION OF RESULTS OF CITY
11/15/95
OF MIAMI NONPARTISAN PRIMARY
ELECTION (NOVEMBER 7, 1995).
2.
(A) ACCEPT CITY CLERK'S
R 95-782
3-5
CERTIFICATION / DECLARATION OF
R 95-782.1
RESULTS OF SPECIAL MUNICIPAL 11/15/95
ELECTION (NOVEMBER 7, 1995)
CONCERNING QUESTION AS TO WHETHER
THE CITY OF MIAMI SHALL BE
AUTHORIZED TO LEASE APPROX. 18.6
ACRES OF CITY -OWNED WATERFRONT
PROPERTY ON WATSON ISLAND TO
PARROT JUNGLE AND GARDENS, INC.
FOR DEVELOPMENT / OPERATION OF A
BOTANICAL GARDEN ATTRACTION AND
ANCILLARY ENTERTAINMENT / RETAIL
FACILITIES FOR 45 YEARS WITH ONE
15-YEAR RENEWAL OPTION, SUBJECT
TO CONDITIONS -- APPROVED BY
ELECTORATE.
(B) ACCEPT CITY CLERK'S
CERTIFICATION / DECLARATION OF
RESULTS OF SPECIAL MUNICIPAL
ELECTION (NOVEMBER 7, 1995)
CONCERNING QUESTION AS TO WHETHER
THE CITY OF MIAMI SHALL BE
AUTHORIZED TO LEASE APPROX. 153.8
ACRES OF CITY -OWNED WATERFRONT
PROPER'.I'Y ON VIRGINIA KEY TO
VIRGINIA KEY CAMPGROUND, LTD. FOR
DEVELOPMENT / OPERATION OF A
RECREATIONAL CAMPGROUND AND
RELATED RETAIL FACILITIES, FOR 45
YEARS, SUBJECT TO CONDITIONS --
DISAPPROVED BY THE ELECTORATE.
t
36
4,
5.
1.
2.
3.
3.1
3.2
ACCEPT CITY CLERK'S CERTIFICATION R 95-783
/ DECLARATION OF RESULTS OF 11/15/95
GENERAL MUNICIPAL ELECTION
(NOVEMBER 14, 1995) FOR ELECTION
OF TWO COMMISSIONERS -- ELECTED
WERE: JOE CAROLLO (GROUP II) AND
J.L. PLUMMER, JR. (GROUP III).
J.L. PLUMMER, JR. IS SWORN IN AS DISCUSSION
COMMISSIONER (GROUP III) BY MARIA 11/15/95
CRISTINA PALACIOS.
JOE CAROLLO IS SWORN IN AS DISCUSSION
COMMISSIONER (GROUP II) BY COUNTY 11/15/95
COMMISSION CHAIRMAN ARTHUR TEELE.
PRESENTATIONS, PROCLAMATIONS AND DISCUSSION
SPECIAL ITEMS. 11/16/95
(A) ACCEPT MANAGER'S M 95-784
RECOMMENDATION TO REQUEST MIAMI M 95-784.1
SPORTS AND EXHIBITION AUTHORITY 11/16/95
(MSEA) TO REPORT BACK TO THE
COMMISSION ON STATUS OF
NEGOTIATIONS BETWEEN LEISURE
MANAGEMENT INTERNATIONAL AND THE
MIAMI HEAT CONCERNING EXTENSION
OF LICENSE AGREEMENT WITH THE
HEAT AT MIAMI ARENA -- DIRECT
COMMISSION REPRESENTATIVES TO
CONTACT DECOMA VENTURE, AND
DECOMA MIAMI ASSOCIATES, LTD.,
AND START NEGOTIATIONS TO
PURCHASE ITS RIGHTS TO THE MIAMI
ARENA.
(B) APPOINT VICE MAYOR PLUMMER TO
REPRESENT THE COMMISSION AND
COMMISSIONER CAROLLO ELECTED AS
CHAIRMAN OF MSEA.
CONSENT AGENDA. DISCUSSION
11/16/95
ACCEPT BID: KNOWLES ANIMAL R 95-785
CLINIC -- FOR PROVISION OF 11/16/95
VETERINARY SERVICES FOR POLICE
DEPARTMENT -- ALLOCATE $16,800.
AUTHORIZE FUNDING OF CRIME R 95-786
PREVENTION PROGRAM -- ALLOCATE 11/16/95
$79,261 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
5-6
6-9
10-19
19
20-35
35-38
wl
38-39
3.3
3.4
3.5
3.6
3.7
WAIVE USER FEE FOR USE OF ORANGE
R 95-787
BOWL STADIUM BY DADE COUNTY
11/16/95
FOOTBALL COACHES ASSOCIATION --
FOR PRESENTATION OF 3RD ANNUAL
STAN MARKS MEMORIAL DADE FOOTBALL
ALL-STAR CLASSIC (DECEMBER 2,
1995) -- EXECUTE AGREEMENT.
ESTABLISH SPECIAL CHARGES / TERMS
R 95-788
/ CONDITIONS FOR ISSUANCE OF 30-
11/16/95
DAY PARK PERMIT -- FOR USE OF
PORTIONS OF WATSON ISLAND BY
NATIONAL MARINE MANUFACTURERS
ASSOCIATION, INC. FOR EXHIBIT /
PARKING / CONCESSION SPACE IN
CONNECTION WITH 1996
INTERNATIONAL BOAT SHOW (FEBRUARY
15 - 26, 1996).
AUTHORIZE MANAGER TO EXECUTE
R 95-789
AGREEMENT WITH A. FOSTER HIGGINS
11/16/95
& CO., INC. -- TO PROVIDE EXPERT
ACTUARIAL ASSISTANCE FOR PERIOD
OCTOBER 1, 1995 - SEPTEMBER 30,
1996 -- ALLOCATE $50,000 FROM
PENSION ADMINISTRATION TRUST
FUND.
AUTHORIZE PROPER CITY OFFICIALS
R 95-790
TO ACCEPT 5 DEEDS OF DEDICATION
11/16/95
FOR HIGHWAY PURPOSES.
AMEND RESOLUTION 94-805 --CHANGE
R 95-791
NAME OF LAW FIRM WITH WHICH CRAIG
11/16/95
J. FREGER IS ASSOCIATED FOR LEGAL
REPRESENTATION OF BENJAMIN
BOYKIN, ET AL. v. CITY OF MIAMI,
ET AL. (CASE NO. 88-2033-CIV-
KEHOE) FROM LASRIS, SAMUELS &
FREGER TO CRAIG J. FREGER.
39
i
39
mo
i
l
3.$
3.9
3.10
4.
RATIFY CITY ATTORNEY'S CONTINUED
R 95-792
ENGAGEMENT OF LAW FIRM OF EPSTEIN
11/16/95
BECKER & GREEN TO SERVE AS
COUNSEL ON BEHALF OF THE CITY
BEFORE U.S. BANKRUPTCY COURT,
CENTRAL DISTRICT OF CALIFORNIA
(CASE NO. LA-93--41-32-KL) -- FOR
PROCEEDINGS IN CONNECTION WITH
BANKRUPTCY PETITION FILED BY
SPECIAL RESTAURANTS CORP. (OWNER
OF THE RUSTY PELICAN RESTAURANT
ON VIRGINIA KEY) UNDER CHAPTER 11
(REORGANIZATION) -- ALLOCATE
$3,000 FROM SELF-INSURANCE AND
INSURANCE TRUST FUND.
CLAIM SETTLEMENT: INTERAMERICAN
R 95-793
CAR RENTAL, INC. ($65,000).
11/16/95
AUTHORIZE MIAMI POLICE DEPARTMENT
R 95-794
TO SPEND $30,000 ON CENTENNIAL
11/16/95
CELEBRATION EXPENSES -- ALLOCATE
FUNDS FROM LAW ENFORCEMENT TRUST
FUND (LETF).
(A) PRESENTATIONS, PROCLAMATIONS
DISCUSSION
AND SPECIAL ITEMS -- CERTIFICATE
11/16/95
OF APPRECIATION TO CARLOS MONTIEL
FOR HIS DEDICATION AND COMMITMENT
TO THE COMMUNITY.
(B) VICE MAYOR PLUMMER DIRECTS
MANAGER TO ASSIST MR. MONTIEL, OF
"KEEP MIAMI BEAUTIFUL," IN HIS
EFFORTS TO CLEAN UP LITTLE
HAVANA.
BRIEFLY DISCUSS AND DEFER (TO
DISCUSSION
NEXT COMMISSION MEETING) PROPOSED
11/16/95
RESOLUTIONS TO ELECT / REAPPOINT:
(1) A. QUINN JONES, III, AS CITY
ATTORNEY; (2) WALTER J. FOEMAN,
AS CITY CLERK; AND (C) MARIA J.
ARGUDIN, AS ASSISTANT CITY CLERK.
ELECT % APPOINT COMMISSIONER
R 95-795
WIFREDO (WILLY) GORT AS VICE
11/16/95
MAYOR OF CITY OF MIAMI, TO SERVE
ONE-YEAR TERM, COMMENCING 12:00
NOON, DECEMBER 1, 1995.
41
41
42
42-43
43-44
44-46
7.
(A) WAIVE RESIDENCY REQUIREMENT
R 95-796
FOR IGNACIO BUSTILLO -- APPOINT
11/16/95
HIM TO SERVE ON THE INTERNATIONAL
TRADE BOARD (ITB).
(B) COMMISSIONER DAWKINS REQUESTS
THAT NO FURTHER MONIES SHOULD BE
ALLOCATED TO THE ITB.
8.
WAIVE RESIDENCY REQUIREMENT FOR
R 95-797
DAVID WOLFBERG --- APPOINT HIM TO
11/16/95
SERVE ON THE URBAN DEVELOPMENT
REVIEW BOARD.
9.
DISCUSS AND DEFER PROPOSED
DISCUSSION
RESOLUTION TO APPOINT AN
11/16/95
INDIVIDUAL TO SERVE ON THE ZONING
BOARD.
10.
APPOINT MICHAEL SAMUELS TO SERVE
R 95-798
ON THE COCONUT GROVE PARKING
11/16/95
ADVISORY COMMITTEE.
11.
APPOINT BIJAN NAKHJAVAN TO SERVE
R 95-799
ON THE WATERFRONT ADVISORY BOARD.
11/16/95
12.
CONFIRM APPOINTMENT OF JOHN NIGRO
R 95-800
AS LIUNA REPRESENTATIVE ON THE
11/16/95
GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' (GESE) RETIREMENT
TRUST.
13.
REAPPOINT RONALD THOMPKINS (AS
R 95-801
LIUNA REPRESENTATIVE) ON THE
11/16/95
BOARD OF TRUSTEES OF THE GENERAL
EMPLOYEES' AND SANITATION
EMPLOYEES' (GESE) RETIREMENT
TRUST.
14.
REAPPOINT / CONFIRM REAPPOINTMENT
R 95-802
OF HECTOR SERRANO AND WILLIAM J.
11/16/95
RABUN (AFSCME), RESPECTIVELY, TO
SERVE ON THE HOARD OF TRUSTEES OF
THE GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT
TRUST.
15.
BRIEFLY DISCUSS AND TABLE
DISCUSSION
CONSIDERATION OF THE KNIGHT MANOR
11/16/95
HOMES PROJECT. (See label 19)
46-49
49
50-51
51-52
53
54
55
55-56
56-57
16
17.
18.
19.
r
RATIFY MANAGER'S FINDING OF SOLE
R 95-803 57-58
SOURCE -- WAIVE REQUIREMENT FOR
11/16/95
COMPETITIVE SEALED BIDS --
APPROVE ENGAGEMENT OF JOHNSON
CONTROLS, INC. TO PROVIDE
PREVENTIVE MAINTENANCE / REPAIR
SERVICES FOR EXISTING JOHNSON
CONTROLS METASYS BUILDING
MANAGEMENT SYSTEM (AT 400 SW 2
AVENUE) -- ALLOCATE $14,400
(FIRST YEAR) -- EXECUTE
PROFESSIONAL SERVICES AGREEMENT.
RATIFY MANAGER'S FINDING OF SOLE
R 95-804 58-59
SOURCE -- WAIVE REQUIREMENT FOR
11/16/95
COMPETITIVE SEALED BIDS --
APPROVE ACQUISITION OF 8 MEDICAL
BACK PACKS FROM Q-SYSTEMS
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INTERNATIONAL FOR FIRE --RESCUE
DEPARTMENT -- ALLOCATE $5,440
FROM CIP 313825.
RATIFY MANAGER'S FINDING OF SOLE
R 95-805 59-61
SOURCE -- WAIVE REQUIREMENT FOR
11/16/95
COMPETITIVE SEALED BIDS --
APPROVE ENGAGEMENT OF MOTOROLA,
INC. FOR RELOCATION OF THE CITY'S
800 MHz SMARTNET TRUNKED
COMMUNICATIONS SYSTEM FOR
DEPARTMENT OF GENERAL SERVICES /
COMMUNICATIONS DIVISION --
ALLOCATE $518,160 FROM CIP
311018.
(Continued) DISCUSSION
M 95-806 61-63
CONCERNING KNIGHT MANOR HOMES
11/16/95
PROJECT -- REQUEST T. WILLARD
FAIR TO BRING PROPOSED CONTRACT
FOR THE PROJECT TO NEXT
COMMISSION MEETING. (See label
15)
20. DISCUSSION CONCERNING PROPOSED
DISCUSSION 63
RESOLUTION TO WAIVE REQUIREMENTS
11/16/95
FOR COMPETITIVE SEALED BIDS AND
APPROVE ENGAGEMENT OF ELLIS TOWER
COMPANY, INC. FOR EMERGENCY
RELOCATION OF CITY'S 800 MHz
ANTENNAS / CONSTRUCTION OF NEW
TOWER. (See label 56)
21. RENAME SOUTH BAYSHORE DRIVE FROM
M 95-807 64
SE 8 TO 14 STREETS: SOUTHEAST
11/16/95
BRICKELL BAYSHORE DRIVE.
i
4
f
22li
23.
24.
25.
26.
AUTHORIZE INCREASE IN CONTRACT R 95-808 64-65
WITH CONE CONSTRUCTORS, INC. OF 11/16/95
$76,000 -- FOR DINNER KEY MARINA
RESTORATION PHASE 2 - PIERS &
BAYWALK, PROJECT H-1008 --
ALLOCATE FUNDS (CIP 414503).
PERSONAL APPEARANCE: MS. DISCUSSION 65-68
CHRISTINE PONDER, COORDINATOR, 11/16/95
BLACK HARD OF HEARING CITIZENS OF
MIAMI.
AUTHORIZE MANAGER TO ENTER INTO R 95-809 68-72
AGREEMENT WITH NATIONAL MARINE 11/16/95
MANUFACTURERS ASSOCIATION FOR
TEMPORARY USE OF WATSON ISLAND TO
STAGE MIAMI INTERNATIONAL
SAILBOAT SHOW (FEBRUARY 15-21,
1996).
EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 72-73
NEW SPECIAL REVENUE FUND: 11324
REFUGEE COMMUNITY STRENGTHENING 11/16/95
PROGRAM (FY '96) -- APPROPRIATE
$220,000 -- AUTHORIZE MANAGER TO
ACCEPT GRANT FROM U.S. DEPARTMENT
OF HEALTH AND HUMAN SERVICES AND
EXECUTE NECESSARY AGREEMENTS WITH
THE OFFICE OF REFUGEE
RESETTLEMENT.
EMERGENCY ORDINANCE: AMEND CODE, ORDINANCE 74-75
CHAPTER 35, ARTICLE VI (MOTOR 1.1325
VEHICLES AND TRAFFIC / PRIVATE 11/16/95
PARKING LOTS) -- REQUIRE PARKING
LOT OPERATORS TO PROVIDE
UNIFORMED SECURITY FOR SPECIAL
EVENTS, USING A MINIMUM OF ONE
OFF -DUTY POLICE OFFICER AS
UNIFORMED SECURITY FOR LOTS WITH
CAPACITY FOR 125 OR MORE
VEHICLES -- AMEND SECTION 35-115
(REVOCATION OF LICENSE FOR
VIOLATIONS) -- ADD NEW SECTION
35-117 (TEMPORARY USE FOR SPECIAL
EVENTS).
27.
EMERGENCY ORDINANCE: AMEND CODE
CHAPTER 2, ARTICLE XIV
(ADMINISTRATION / OVERTOWN
ADVISORY BOARD) -- PROVIDE FOR
CHANGES IN: (1) BOARD MEMBERSHIP
QUALIFICATIONS, (2) ELECTION
PROCEDURES, (3) FILLING OF
VACANCIES, AND (4) BOARD
FUNCTIONS / POWERS / DUTIES.
28.
DISCUSS AND DEFER (TO DECEMBER
7TH MEETING) CONSIDERATION OF
PROPOSED SECOND READING ORDINANCE
TO AMEND CODE CHAPTER 30, ARTICLE
III, DIVISION 2, WHICH SETS FORTH
RATES / CHARGES FOR CITY GOLF
COURSES.
29.
SECOND READING ORDINANCE:
ESTABLISH NEW SPECIAL REVENUE
FUND: SOLID WASTE REDUCTION:
RECYCLING AND EDUCATION (FY
'96) -- APPROPRIATE $456,781,
CONSISTING OF A RECYCLING PROGRAM
GRANT FROM STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
REGULATION.
30.
SECOND READING ORDINANCE: REVOKE
CITY COMMISSION ACTION WHICH
ABOLISHED THE BAYSIDE MINORITY
FOUNDATION -- AMEND ORDINANCE
11130.
31.
DISCUSS AND DEFER (TO DECEMBER
7TH MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO AUTHORIZE
MANAGER TO ENTER INTO LEASE
AGREEMENT WITH THE MIAMI OUTBOARD
CLUB FOR LEASING REAL PROPERTY /
IMPROVEMENTS WITHIN WATSON
ISLAND, ALONG WITH BAY BOTTOM
LANDS.
32.
DISCUSS AND DEFER (TO DECEMBER
7TH MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO AUTHORIZE
MANAGER TO EXECUTE AGREEMENT WITH
TACOLCY ECONOMIC DEVELOPMENT
CORPORATION, INC., FOR RENOVATION
OF THE EDISON MARKETPLACE
BUILDING.
ORDINANCE
11326
11/16/95
DISCUSSION
11/16/95
ORDINANCE
11327
11/16/95
75-76
76-77
77-78
ORDINANCE 78-79
11328
11/16/95
DISCUSSION 79-80
11/16/95
DISCUSSION 80-81
11/16/95
ACCEPT BIDS: (1) MAC PAPERS,
R 95-810 81-82
INC., (2) AT&T GLOBAL, (3)
11/16/95
ZELLERBACH, AND (4) FTC OFFICE
PRODUCTS -- FOR PROVISION OF
PAPER FOR VARIOUS CITY
DEPARTMENTS (UNDER EXISTING STATE
OF FLORIDA CONTRACT 645-120-96-
1) -- ALLOCATE $150,000 -- EXTEND
CONTRACT FOR ONE ADDITIONAL YEAR
AT SAME PRICE / TERMS /
CONDITIONS, SUBJECT TO
AVAILABILITY OF FUNDS.
34. (A) AUTHORIZE MANAGER TO ENTER
R 95-811 83-88
INTO COMPETITIVE NEGOTIATIONS /
11/16/95
AWARD CONTRACTS TO (1) THOMAS W.
RUFF & COMPANY -- TO REFURBISH
EXISTING CITY -OWNED FURNITURE
SUITABLE FOR RELOCATION TO MIAMI
RIVERSIDE CENTER; (2) THOMAS W.
RUFF & COMPANY -- TO FURNISH
ADDITIONAL FURNITURE COMPONENTS
TO SUPPLEMENT DEFICIENT
WORKSTATION UNITS; AND (3)
DESIGNERS SERVICE BUREAU -- TO
FURNISH RELOCATION SERVICES AND
REPLACE FURNITURE NO LONGER
SUITABLE FOR CITY USE IN NEW
BUILDING -- ALLOCATE $1.3
MILLION.
(B) COMMISSIONER DAWKINS REQUESTS
TO HAVE HIS OFFICES ON 9TH FLOOR.
35. ACCEPT BIDS: (1) MIAMI TIRESOLES
R 95-812 88-89
($3,149.80), (2) GOODYEAR
11/16/95
COMMERCIAL TIRE ($4,578.52), (3)
SOUTHWEST CYCLE COMPANY
($10,747), (4) SERVIS FLEET TIRE
COMPANY ($3,970.40), (5) B&S
TRANSPORT, INC, OF CALIFORNIA
($12,148.24), (6) MARTINO TIRE
COMPANY ($147,674.99), (7) SOUTH
DADE AUTOMOTIVE ($12,531), AND
(8) BALADO NATIONAL TIRE
($114,194.54) -- FOR FURNISHING
TIRES AND TUBES FOR DEPARTMENTS
36.
37.
39.
40.
41.
42.
ACCEPT BIDS: (1) FLOVAL OIL R 95-813 90-91
CORPORATION ($19,655.75), (2) 11/16/95
LUBRICANT ENGINEERS, INC.
($3,872), (3) RADIANT OIL COMPANY
($92), (4) YOUNG OIL COMPANY
($5,519), (5) BV OIL COMPANY
($38,108.80), AND (6) OSHER OIL
CORPORATION ($20,088.60) -- FOR
FURNISHING OILS AND LUBRICANTS
FOR DEPARTMENTS OF VEHICLE AND
EQUIPMENT ADMINISTRATION AND
FIRE -RESCUE -- ALLOCATE
$87,336.15.
CONFIRM CITY ATTORNEY'S R 95-814 91-92
REAPPOINTMENT OF SWEETAPPLE, 11/16/95
BROEKER, VARKAS -- TO SERVE AS
SPECIAL COUNSEL TO THE NUISANCE
ABATEMENT BOARD -- ALLOCATE
$30,000.
ALLOCATE $30,000 FOR PAYMENT OF R 95-815 92-93
COMPENSATION TO SPECIAL COUNSEL 11/16/95
FOR THE CODE ENFORCEMENT BOARD.
ALLOCATE $30,000 FOR PAYMENT OF R 95-816 93-94
COMPENSATION TO SPECIAL COUNSEL 11/16/95
FOR THE CIVIL SERVICE BOARD.
ACCEPT BID: SOVEREIGN R 95-817 94-95
CONSTRUCTION GROUP ($695,298.47) 11/16/95
FOR: BELLE MEADE STORM SEWER
t
PROJECT PHASE II PART "A" --
i
ALLOCATE $695,298.47 (CONTRACT
COST), $113,389 (ESTIMATED
EXPENSES), TOTALING
$808,687.47 -- EXECUTE CONTRACT.
COMMISSIONER CAROLLO REQUESTS DISCUSSION 95-96
MAYOR CLARK TO PLACE CITY PIN ON 11/16/95
HIS PERSON.
(A) DISCUSSION REGARDING REQUEST DISCUSSION 96-100
FROM FLORIDA INDEPENDENT 11/16/95
PHARMACIES ASSOCIATION TO BE
INCLUDED IN THE CITY MEDICAL /
HEALTH INSURANCE.
(B) COMMISSIONER PLUMMER {1)
STATES DISSATISFACTION WITH
CITY'S CIGNA HMO, AND DIRECTS
MANAGER TO EITHER RESOLVE OR
SCHEDULE A MEETING; (2) REQUESTS
CONSIDERATION BE GIVE TO LOCAL
CHIROPRACTIC ORGANIZATIONS.
43.
RATIFY MANAGER'S FINDING OF
R 95-818
EMERGENCY -- WAIVE COMPETITIVE
11/16/95
SEALED BIDS -- APPROVE
ACQUISITION OF CATERING SERVICES
FOR DEPARTMENT OF PARKS AND
RECREATION -- ALLOCATE $6,650.
44.
WAIVE FEES ($35,000) IN
R 95-819
CONNECTION WITH NINTH ANNUAL
11/16/95
AMERICA'S BIRTHDAY BASH, TO BE
CONDUCTED BY BAYFRONT PARK
MANAGEMENT 'TRUST, AT BICENTENNIAL
AND MI.LDRED AND CLAUDE PEPPER
BAYFRONT PARKS (JULY 4, 1996).
45.
DISCUSS AND TABLE CONSIDERATION
DISCUSSION
OF PROPOSED RESOLUTION TO WAIVE
11/16/95
FEES FOR 7TH ANNUAL BIG ORANGE
NEW YEAR'S EVE FESTIVAL
(CONDUCTED BY BAYFRONT PARK
MANAGEMENT TRUST) AT AT&T
AMPHITHEATER (DECEMBER 31, 1995).
(See label 57)
46.
RATIFY MANAGER'S FINDING OF
R 95-820
EMERGENCY -- WAIVE COMPETITIVE
11/16/95
SEALED BIDS -- APPROVE
ACQUISITION OF SECURITY FENCE AT
AT&T AMPHITHEATER IN BAYFRONT
PARK.
47.
DISCUSSION CONCERNING ST. HUGH
DISCUSSION
OAKS PROJECT -- COMMISSIONER
11/16/95
CAROLLO REQUESTS STATUS REPORT.
48.
APPOINT COMMISSIONER WIFREDO
R 95-821
(WILLY) GORT AS CHAIRPERSON OF
11/16/95
THE UNITY COUNCIL OF MIAMI
(TUCOM).
49.
DISCUSSION CONCERNING POSSIBLE
DISCUSSION
EFFECTS OF DEPARTMENT OF
11/16/95
TRANSPORTATION'S (DOT) PROPOSED
NEW DESIGN FOR I-395 AND STATE
ROAD 836 ON COMMUNITY
REDEVELOPMENT AGENCY'S (CRA)
EFFORTS CONCERNING OVERTOWN.
50.
COMMISSIONER CAROLLO NAMED
DISCUSSION
COMMISSION REPRESENTATIVE TO
11/16/95
PURSUE FORMALIZATION OF CONTRACT
FOR BICENTENNIAL PARK PORT
EXPANSION PROJECT.
100-102
102-103
103
104-105
106-107
107-108
109-110
110
aft;
51.
52.
53.
54.
55.
56.
57.
COMMISSIONER CAROLLO NAMED AS
COMMISSION REPRESENTATIVE TO
NEGOTIATE RELOCATION OF CAMILLUS
HOUSE OUTSIDE OF DOWNTOWN MIAMI.
COMMISSIONER DAWKINS REQUESTS
HERBERT J. BAILEY, EXECUTIVE
DIRECTOR, TO EXPLAIN COMMUNITY
REDEVELOPMENT ASSOCIATION'S (CRA)
GOALS TO COMMISSIONER CAROLLO.
DISCUSSION CONCERNING WORLD TRADE
CENTER.
DISCUSS AND CONTINUE (TO DECEMBER
7TH MEETING) CONSIDERATION OF
APPEAL CONCERNING CONSTRUCTION /
INSTALLATION OF A CELLULAR
COMMUNICATIONS FACILITY AT 8425
BISCAYNE BOULEVARD.
[Applilant(s): T.N.A. Palms,
Inc. (owner) / BellSouth
Mobility, Inc. (lessee).
Appellant(s): BellSouth
Mobility, Inc.]
URGE METRO-DADE COUNTY COMMISSION
TO APPROVE THE LEASE AGREEMENT
NEGOTIATED WITH THE HOMESTEAD AIR
BASE DEVELOPERS, INC. AS SOON AS
PRACTICABLE IN ORDER TO EXPEDITE
REDEVELOPMENT AND JOB
OPPORTUNITIES.
(Continued) WAIVE COMPETITIVE
SEALED BIDS -- APPROVE ENGAGEMENT
OF ELLIS TOWER COMPANY, INC. --
FOR EMERGENCY RELOCATION OF
CITY'S 800 MHz ANTENNAS AND
CONSTRUCTION OF A NEW TOWER FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE /
COMMUNICATIONS DIVISION --
ALLOCATE $150,142. (See label
20)
(Continued) WAIVE CERTAIN FEES
($30,000) CONCERNING 7TH ANNUAL
BIG ORANGE NEW YEAR'S EVE
FESTIVAL TO BE CONDUCTED BY THE
BAYFRONT PARK MANAGEMENT TRUST AT
THE AT&T AMPHITHEATER (DECEMBER
31, 1995). (See label 45)
DISCUSSION
11/16/95
DISCUSSION
11/16/95
DISCUSSION
11/16/95
DISCUSSION
11/16/95
R 95-822
11/16/95
R 95-823
11/16/95
R 95-824
11/16/95
ill
111
112-114
114-115
116
117-118
119-120
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58. PROVIDE FOR STREET CLOSURE
R 95-825 120-121
CONCERNING KING ORANGE BOWL
11/16/95
JAMBOREE PARADE (DECEMBER 31,
1995) -- ESTABL'ISH PEDESTRIAN
MALL AND AREA PROHIBITED TO
RETAIL PEDDLERS.
59. (A) ACCEPT BID: R.C. ROOFING
R 95-826 122-126
CORP. (TOTAL BID OF PROPOSAL) --
11/16/95
FOR MIAMI POLICE DEPARTMENT -
HEADQUARTERS VEHICLE SERVICE
BUILDING BUILT-UP ROOFS, SECOND
BIDDING, B-6248D -- ALLOCATE
$44,500 (CONTRACT COST), $7,409
(ESTIMATED EXPENSES), TOTALING
$51,909 -- EXECUTE CONTRACT.
(B) COMMISSIONER CAROLLO DIRECTS
MANAGER TO PROVIDE COPIES OF ALL
POCKET ITEMS TO BE CONSIDERED
DURING A COMMISSION MEETING TO
EACH COMMISSIONER NO LATER THAN
THE BEGINNING OF EACH MEETING --
COMMISSIONER DAWKINS REITERATES
COMMISSION POLICY TO LIMIT EACH
COMMISSIONER TO TWO POCKET ITEMS.
60. COMMISSIONER DAWKINS DIRECTS DISCUSSION 127
ADMINISTRATION TO ATTEND TO 11/16/95
NEEDED REPAIRS TO COCONUT GROVE
CONVENTION CENTER.
61. (Continued) SCHEDULE DISCUSSION
DISCUSSION 127-128
OF INTERNATIONAL TRADE BOARD
11/16/95
(ITB) FOR DECEMBER 7TH COMMISSION
MEETING. (See label 7)
62. GRANT FUNDING REQUEST BY
R 95-827 128-134
CARIBBEAN AMERICAS BUSINESS
11/16/95
NETWORK (CABNET) IN CONNECTION
WITH ITS ANNUAL CONFERENCE
(NOVEMBER 30-DECEMBER 1, 1995) --
ALLOCATE $4,500.
63. GRANT FINAL APPROVAL OF
R 95-828 134-136
LANDSCAPING PLAN (EXHIBIT "A") --
11/16/95
PROCESS CLASS II SPECIAL PERMIT
FOR DEVELOPMENT WITHIN THE SD-13
S.W. 27 AVENUE GATEWAY DISTRICT
AT 3049-3053 S.W. 27 AVENUE,
QT T12 TL I'm m� r,r. 1---- - --
";�,N
f. _:
64. GRANT EXCEPTION FOR RESERVOIR
SPACES TO ALLOW A DRIVE -THROUGH
WINDOW FACILITY FOR AN EATING AND
DRINKING ESTABLISHMENT WITH
REDUCTION OF RESERVOIR SPACES AT
4141 W. FLAGLER STREET (ZONED C-1
RESTRICTED COMMERCIAL), SUBJECT
TO CONDITIONS. [Applicant(s):
Omar Edward Balik (owner) /
Burger King Corp. (lessee).)
65. FIRST READING ORDINANCE: AMEND
CODE CHAPTER 35 (MOTOR VEHICLES
AND TRAFFIC), ARTICLE VIII
(COCONUT GROVE PARKING
IMPROVEMENT TRUST FUND), AND
ARTICLE IX (SILVER BLUFF
COMMERCIAL PARKING IMPROVEMENT
TRUST FUND) -- ADD PROVISIONS
THAT WILL INCREASE MONTHLY FEE
FOR A WAIVED PARKING SPACE
ACCORDING TO THE CONSUMER PRICE
INDEX (CPI) -- ADD PENALTY FOR
LATE PAYMENT OF WAIVER FEE AND
CHARGE INTEREST ON BALANCES
UNPAID AFTER THIRTY DAYS.
[Applicant(s): Community
Planning & Revitalization Dept.]
66. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT,
ARTICLE 6, (1) SECTION 602. SD-2
COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT; (2) SECTION 617. SD-17
SOUTH BAYSHORE DRIVE OVERLAY
DISTRICT; AND (3) SECTION 621.
SD-21 SILVER BLUFF COMMERCIAL
OVERLAY DISTRICT -- ADD A
PROVISION CAUSING A WAIVER OF
REQUIRED OFF-STREET PARKING TO BE
REVOKED FOR NONPAYMENT OF
REQUIRED FEES, OR WHEN THE
STRUCTURE ON THE PROPERTY IS
DEMOLISHED -- PROVIDE THAT NEW
DEVELOPMENT / ADDITIONS TO
EXISTING DEVELOPMENT, OR ANY
BUILDING SQUARE FOOTAGE ADDED BY
ANY MEANS, SHALL NOT BE ELIGIBLE
FOR A WAIVER OF REQUIRED OFF-
STREET PARKING. [Applicant(s):
Community Planning &
Revitalization Dent.1
R 95-829
11/16/95
FIRST
READING
ORIDNANCE
11/16/95
FIRST
READING
ORDINANCE
11/16/95
136-138
139-140
140-141
67. APPROVE EVALUATION APPRAISAL
R 95-830 141-149
REPORT OF THE MIAMI COMPREHENSIVE
11/16/95
NEIGHBORHOOD PLAN 1989-2000
(MCNP).
[Applicant(s): Community
Planning & Revitalization Dept.)
68. COMMISSIONER CAROLLO REQUESTS
DISCUSSION 150-151
CITY ATTORNEY TO PREPARE
11/16/95
LEGISLATION TO ALLOW A TWO -WEEK
PERIOD FOR A CITY COMMISSIONER TO
LEAVE OFFICE AFTER HIS/HER TERM
HAS EXPIRED, AND PRIOR TO NEW
004
SWEARING -IN CEREMONY OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 15th day of November, 1995, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special
session for a swearing -in ceremony.
The meeting was called to order at 12:09 p.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
ABSENT:
Commissioner Victor De Yurre
An invocation was delivered by Reverend John White after which, Mayor Clark led those
present in a pledge of allegiance to the flag.
--------------•--------------------------------------------------------------------------------------------------
1. ACCEPT CITY CLERK'S CERTIFICATION / DECLARATION OF RESULTS
OF CITY OF MIAMI NONPARTISAN PRIMARY ELECTION (NOVEMBER
7, 1995).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Please be seated, if you have a seat. We have one short piece of business to take
care of before... Mr. Clerk, you have the floor.
Mr. Walter Foeman (City Clerk): Yes. Mr. Mayor, we should accept the results from last
night's runoff election, as well as the primary election, and the special election.
Mayor Clark: You need a resolution of that nature?
Mr. Foeman: I need a resolution for each of the separate elections which were held.
Mayor Clark: For the first one, the primary election.
1 November 15, 1995
W
Mr. Foeman: The nonpartisan primary.
Mayor Clark: Primary election. Is there a motion? Is there a motion?
f
Commissioner Gort: Move it.
Mayor Clark: Is there a second?
Commissioner Dawkins: Yeah.
Mayor Clark: Second?
Commissioner Dawkins: Yes, second.
Mayor Clark: No exception. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-781
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE
ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE
RESULTS OF THE CITY OF MIAMI NONPARTISAN PRIMARY ELECTION HELD
ON NOVEMBER 7, 1995, FOR THE ELECTION OF TWO COMMISSIONERS
(GROUP II AND GROUP III).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
-------------------------------- I-------------------------------------------------------------- ------------------
2. (A)ACCEPT CITY CLERK'S CERTIFICATION / DECLARATION OF
RESULTS OF SPECIAL MUNICIPAL ELECTION (NOVEMBER 7, 1995)
CONCERNING QUESTION AS TO WHETHER THE CITY OF MIA.MI
SHALL BE AUTHORIZED TO LEASE APPROX. 18.6 ACRES OF CITY -
OWNED WATERFRONT PROPERTY ON WATSON ISLAND TO
PARROT JUNGLE AND GARDENS, INC. FOR DEVELOPMENT /
OPERATION OF A BOTANICAL GARDEN ATTRACTION AND
ANCILLARY ENTERTAINMENT / RETAIL. FACILITIES FOR 45 YEARS
WITH ONE 15-YEAR RENEWAL OPTION, SUBJECT TO
CONDITIONS -- APPROVED BY ELECTORATE.
(B)ACCEPT CITY CLERK'S CERTIFICATION / DECLARATION OF
RESULTS OF SPECIAL MUNICIPAL ELECTION (NOVEMBER 7, 1995)
CONCERNING QUESTION AS TO WHETHER THE CITY OF MIAMI
SHALL BE AUTHORI"ZED TO LEASE APPROX. 153.8 ACRES OF CITY -
OWNED WATERFRONT PROPERTY ON VIRGINIA KEY TO VIRGINIA j
KEY CAMPGROUND, LTD. FOR DEVELOPMENT / OPERATION OF A
RECREATIONAL CAMPGROUND AND RELATED RETAIL
FACILITIES, FOR 45 YEARS, SUBJECT TO CONDITIONS --
DISAPPROVED BY THE ELECTORATE.
Mayor Clark: Now, on the runoff election, on the special election. There's a motion by Mr.
Gort.
Commissioner Dawkins: Second.
Mayor Clark: Second by Mr. Dawkins. All in favor, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
N
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-782
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE
ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE
RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 7,
1995, AT WHICH THE QUESTION AS TO WHETHER THE CITY OF MIAMI
SHALL BE AUTHORIZED TO LEASE APPROXIMATELY 18.6 ACRES OF CITY -
OWNED WATERFRONT PROPERTY ON WATSON ISLAND, MIAMI, FLORIDA,
TO PARROT JUNGLE AND GARDENS, INC. FOR THE DEVELOPMENT AND
OPERATION OF A BOTANICAL GARDEN ATTRACTION AND ANCILLARY
ENTERTAINMENT AND RETAIL FACILITIES FOR A TERM OF 45 YEARS WITH
ONE 15-YEAR RENEWAL OPTION, SUBJECT TO SAID FIRM MAKING A
CAPITAL INVESTMENT OF $3,000,000, PAYING TO THE CITY A MINIMUM
ANNUAL RENT OF $200,000, AND SUBJECT TO SUCH ADDITIONAL
CONDITIONS AS MAY BE REQUIRED BY THE CITY, WAS APPROVED BY THE
ELECTORATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-782.1
A RESOLUTION, WITH A.TTACHMENT(S), OFFICIALLY ACCEPTING THE
ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE
RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 7,
1995, AT WHICH THE QUESTION AS TO WHETHER THE CITY OF MIAMI
SHALL BE AUTHORIZED TO LEASE APPROXIMATELY 153.8 ACRES OF CITY -
OWNED WATERFRONT PROPERTY LOCATED ON VIRGINIA KEY, TO
VIRGINIA KEY CAMPGROUND, LTD. FOR THE DEVELOPMENT AND
OPERATION OF A RECREATIONAL CAMPGROUND AND RELATED RETAIL
FACILITIES FOR A MAXIMUM TERM OF 45 YEARS, SUBJECT TO SAID FIRM
MAKING A CAPITAL INVESTMENT IN SAID PROPERTY OF NOT LESS THAN
$2,000,000, PAYING TO THE CITY A GUARANTEED MINIMUM ANNUAL, RENT
OF NOT LESS THAN $300,000, AND TO SUCH ADDITIONAL CONDITIONS AS
MAY BE REQUIRED BY THE CITY, WAS DISAPPROVED BY THE
ELECTORATE.
4 November 15, 1995
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
i
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
3. ACCEPT CITY CLERK'S CERTIFICATION / DECLARATION OF RESULTS
OF GENERAL MUNICIPAL ELECTION (NOVEMBER 14, 1995) FOR
ELECTION OF TWO COMMISSIONERS -- ELECTED WERE: JOE
CAROLLO (GROUP I1) AND J.L. PLUMMER, JR. (GROUP I1I).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Now, we have the results of the runoff election?
Mr. Walter Foeman (City Clerk): Yes.
Mayor Clark: Motion by Mr. Gort.
Commissioner Dawkins: Second.
Mayor Clark: Seconded by Mr. Dawkins. All in favor signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
5 November 15, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 9.5-783
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE
ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE
RESULTS OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 14, 1995, FOR THE ELECTION OF TWO COMMISSIONERS
(GROUP II AND GROUP III).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
4. J.L. PLUMMER, JR. IS SWORN IN AS COMMISSIONER (GROUP III) BY
MARIA CRISTINA PALACIOS.
Commissioner Dawkins: I don't see J.L. Plummer's name on the second one.
Mayor Clark: Well, it's been there so long, you can't...
Commissioner Dawkins: OK, OK, thank you, Mr. Mayor.
Mayor Clark: Had that disappearing ink on it this time. Ladies and gentlemen, we're here on a
new day in this great City, a new day for yourself and myself. We have listened to the will of
the electorate, the majority of the electorate, which is the American way, and we have a new
colleague that's coming into office today. He's been here before, not a newcomer, so to speak,
but he is new to this Commission, and we'd like to have him come to the podium at this time,
Commissioner Joseph Carollo. Joseph.
(APPLAUSE)
Mayor Clark: Joe, I hope you're here.
Ms. Linda Kearson (Assistant City Attorney): No, he's not. He's not here yet.
Vice Mayor Plummer: He's out counting the absentee ballots.
6 November 15, 1995
Mayor Clark: Anyone in contact with him?
Ms. Kearson: He'll be here in about three minutes or less.
Mayor Clark: All right. That's fair enough.
Vice Mayor Plummer: Steve, Steve, go ahead and do me, get me out of the way. It's up to you.
Mayor Clark: All right. Please be seated again. Well, we'll proceed, ladies and gentlemen,
now, to swear in our long-time friend and long-time Commissioner, reelected by the electorate in
this community by a great plurality, Commissioner Vice Mayor J.L. Plummer. J.L.
(APPLAUSE)
Mayor Clark: And to swear in Commissioner Plummer, Maria Cristina Palacios. Maria, where
are you?
(APPLAUSE)
Vice Mayor Plummer: I need my whole family for support. Maria Cristina McKinney
Gobernado.
(APPLAUSE)
Ms. Maria Cristina Palacios: What am I supposed to do? OK. Repeat after me. I...
Vice Mayor Plummer: I, J.L. Plummer, Jr....
Ms. Palacios: ... do solemnly swear...
Vice Mayor Plummer: ...do solemnly swear...
Ms. Palacios: ... that I will support...
Vice Mayor Plummer: ... that I will support...
Ms. Palacios: ... protect...
Vice Mayor Plummer: ... protect...
Ms. Palacios: ... and defend...
Vice Mayor Plummer: ... and defend...
Ms. Palacios: ... the Constitution and laws...
Vice Mayor Plummer: ... the Constitution and laws...
Ms. Palacios: ... of the United States of America...
Vice Mayor Plummer: ... of the United States of America...
Ms. Palacios: ... and of the State of Florida...
7 November 15, 1995
Vice Mayor Plummer: ... and of the State of Florida...
Ms. Palacios: ... and the Charter of the City of Miami...
Vice Mayor Plummer: ... and the Charter of the City of Miami...
Ms. Palacios: ... and in all respects...
Vice Mayor Plummer: ... and in all respects...
Ms. Palacios: ... faithfully discharge the duties...
Vice Mayor Plummer: ... faithfully discharge the duties...
Ms. Palacios: ... of Commissioner Group III...
Vice Mayor Plummer: ... of Commissioner Group III...
Ms. Palacios: ... of the City of Miami....
Vice Mayor Plummer: .... of the City of Miami...
Ms. Palacios: ... Dade County...
Vice Mayor Plummer: ... Dade County...
Ms. Palacios: ... Florida.
Vice Mayor Plummer: ... Florida.
Ms. Palacios: That's it.
Vice Mayor Plummer: That's it.
(APPLAUSE)
Mayor Clark: All right. Have a little rest. Sit down, just a moment, please. Have a seat.
Commissioner Dawkins: J.L., J.L., you got to turn around so our photographer can get you.
Mayor Clark: J.L., let's hear a word from you, J.L.
Commissioner Dawkins: This is the one we pay.
Vice Mayor Plummer: Mr. Mayor, I'll be "eI breve." First of all, I have to say a very, very
grateful thanks to the community, to the City. For the seventh time, I've been privileged to
present my report card, and I am very pleased in the results, that they feel that I have done the
job that they asked me to do. I have to, first and foremost, without question, say a big thanks to
my oldest daughter, who ran my entire campaign.
(APPLAUSE)
Vice Mayor Plummer: And, of course, the rest of the family - my brother, Larry, who allowed
me to stay out of the office and go campaign; my youngest daughter, Joanie, who is now going
to be a political science major in college. That scares me. Also...
8 November 15, 1995
(APPLAUSE)
Vice Mayor Plummer: I have to... And I'm going to be in trouble, because 1 can't mention
everybody, but there is one other that has to be mentioned, and when you put together a
campaign, I hope to God that everybody has the opportunity that I did to have the dream team of
Julio and "Julit.in" Gonzalez-Rebull.
(APPLAUSE)
Vice Mayor Plummer: To everybody that did whatever they did, if they were with me - 60
people every morning standing out on the street - Manolo Reyes, where are you? He said he got
me out on the corner, and I want to tell you, he did.
(APPLAUSE)
Vice Mayor Plummer: I do want to say a congratulations to my two opponents. I think we had
an understanding from day one - which I tell you that I am grateful that they lived up to - that we
ran a clean campaign, we ran a direct campaign, and for that, I am grateful. So all I got to say is,
let's go to work. Thank you very much.
(APPLAUSE)
NOTE FOR THE RECORD: At this point, Mayor Clark recognizes
the presence of Counf77C-o-mmissioner Maurice Ferre, former City
Commissioner Armando Lacasa, and former City Commissioner
Miriam Alonso, in the Chambers.
Mayor Clark: Our time in this Commission room goes back a number of years, and it's my
privilege at this time to introduce the former Mayor of the City of Miami, and now serving as a
County Commissioner, Maurice Ferre. Maurice, please stand up.
(APPLAUSE)
Mayor Clark: And a former Commissioner from the City of Miami, a long-time friend and a
great supporter, Armando Lacasa. Commissioner Lacasa.
(APPLAUSE)
Mayor Clark: And as always, in the fairness of introducing everyone, my former opponent and a
colleague, former City Commissioner Miriam Alonso.
(APPLAUSE)
5. JOE CAROLLO IS SWORN IN AS COMMISSIONER (GROUP II) BY
COUNTY COMMISSION CHAIRMAN ARTHUR TEELE.
Mayor Clark: Joe, where are vou?
Mr. Joe Carollo: Right here, sir.
Vice Mayor Plummer: He's here.
(APPLAUSE)
Mayor Clark: And of course, my former colleague who will swear in the new Commissioner for
the City of Miami, Arthur H. Teele. Arthur. Arthur E. Teele.
(APPLAUSE)
County Commission Chairman Arthur E. Teele: Mr. Mayor, thank you so very much for this
tremendous opportunity. And to Mary, thank you so much for the many hours of... I got to tell
the truth. Mary has just been a tremendous wife to Joe, and a tremendous friend to Stephanie
and myself, and it's really been just a great opportunity. And as I've said, Mr. Mayor, I believe
that yesterday's election can very well be a turning point and a dividing point in new
opportunities of old Miami and new Miami, where the races can come together as one family, as
one community, for a great City. Joe, would you raise your right hand and repeat after me.
Mr. Carollo: Art, if we could wait one minute. I'd like for Caridad Hernandez, and her husband,
Humberto, who are really an extension of my family, to be up here, also, with me.
(APPLAUSE)
Chairman Teele: Would you raise your right hand and repeat after me. I, Joe Carollo...
Mr. Carollo: I, Joe Carollo...
Chairman Teele: ... do solemnly swear...
Mr. Carollo: ... do solemnly swear...
Chairman Teele: ... that 1 will support...
Mr. Carollo: ... that I will support...
Chairman Teele: ... protect...
Mr. Carollo: ... protect...
Chairman Teele: ... and defend...
Mr. Carollo: ... and defend...
November 15, 1995
Chairman Teele: ... the Constitution...
E
Mr. Carollo: ... the Constitution...
{
Chairman Teele: ... and the laws...
Mr. Carollo: ... and the laws...
Chairman Teele: ... of the United States of America...
Mr. Carollo: ... of the United States of America...
Chairman Teele: ... and of the State of Florida...
Mr. Carollo: ... and of the State of Florida...
Chairman Teele: ... and of the Charter...
Mr. Carollo: ... and of the Charter...
Chairman Teele: ... of the City of Miami...
Mr. Carollo: ... of the City of Miami...
Chairman Teele: ... and in all respects...
Mr. Carollo: ... and in all respects...
Chairman Teele: ... faithfully discharge...
Mr. Carollo: ... faithfully discharge...
Chairman Teele: ... the duties...
Mr. Carollo: ... the duties...
Chairman Teele: ... of Commissioner Group II...
Mr. Carollo: ... of Commissioner Group II...
Chairman Teele: ... of the City of Miami...
Mr. Carollo: ... of the City of Miami...
Chairman Teele: ... of Dade County, Florida...
Mr. Carollo: ... of Dade County, Florida...
Chairman Teele: ... so help me God.
Mr. Carollo: ... so help me God.
Chairman Teele: Congratulations.
11 November 15, 1995
W
W
(APPLAUSE)
Mayor Clark: And now, ladies and gentlemen - I know he's lost his voice, but he'll do the very
best he can to greet you all - our new Commissioner, Commissioner Joe Carollo.
(APPLAUSE)
Commissioner Carollo: It's been a long time.
(LAUGHTER AND APPLAUSE)
Commissioner Carollo: I'd like to ask everybody a special favor here. I know there are many of
you that I've asked so many favors of already that it's hard to ask another one. But this is very
special to me, and I would like to start off with God in my next four years here, and I would like
to have all of us here begin by saying the "Our Father," so if you could join me.
NOTE FOR THE RECORD: At this point, Commissioner Carollo,
led those present in a recitation of the Lord's Prayer.
Commissioner Carollo: Thank you very much.
(APPLAUSE)
Commissioner Carollo: And Mayor Clark, it is, indeed, a pleasure to be able to serve with you
now. We've always been great friends, and I've always had a great admiration for Steve and his
wife. And I tell you, it's going to be really something to be able to serve together with a legend
like yourself.
(APPLAUSE)
Commissioner Carollo: At the same time, it's going to be something else to be able to serve
with two of my former colleagues, Miller Dawkins, and J.L. Plummer.
(APPLAUSE)
Commissioner Carollo: And with Willy Gort, who has also been a friend.
(APPLAUSE)
Commissioner Carollo: I think that between the five of us, we have the ingredients to have a
fine Commission, to work together with dignity and respect for all of our people, and to make
Miami truly that Magic City that it should be.
(APPLAUSE)
Commissioner Carollo: I got used to doing everything practically on my own in the first
primary - writing the speeches, doing the commercials - and now that I had to write a speech
myself, not only did I not have the time this morning, but I really was left with a blank mind, and
not really knowing what to write down. And the reason being is that this not only was my
hardest campaign, but the campaign that, at the end, I felt with most gratitude to the voters of
Miami. Never did I dream that not only would we win like we did, but with 63 percent of the
votes. And I am very, very humbled and grateful to you voters for giving me that mandate.
12
November 15, 1995
(APPLAUSE)
Commissioner Carollo: I'd like to acknowledge some people that without them, this could not
have happened. There are so many out there that have helped that I hope the hundreds of you
that were volunteers and worked day and night won't get offended if you all are not all
mentioned, but there are some that I do have to mention. Now, in the primary, when no one
gave me much of a chance to win, there were some people that were there for me, and I have to
be very grateful to them. One of them is this man over here., Alberto Gonzalez, that was...
(APPLAUSE)
Commissioner Carollo: ... that believed in me from the start, and was there for me, together with
someone that eight years ago wasn't with me - like many that were not then, and are with me
now - and this man really showed me his friendship and helped me straight from the beginning,
someone that I intend to work with closely in the future, and this is Amancio Suarez.
(APPLAUSE)
Commissioner Carollo: There is also a lady - I don't know if she's here, I don't see her - yes, I
do, back there - who some people call her a firecracker, but, hey, she's my firecracker, Marieta
Fandino. Thank you.
(APPLAUSE)
Commissioner Carollo: One special person that worked day and night for me - like she always
has in all my campaigns, but even more in this one - is my cousin and her husband, Sarita and
Gregorio Rodriguez.
(APPLAUSE)
Commissioner Carollo: But, I tell you, the best campaigner that I have, the person that, really, I
would not be here today if it weren't for her help in this campaign, and she worked day and
night, she called thousands of people, thousands of voters by herself, and that's my mother,
Graciela Carollo.
(APPLAUSE)
Commissioner Carollo: I only wish that someone else that was always there for me - my father -
would be here today, but I'm sure that he's with God today, and watching and smiling.
(APPLAUSE)
Commissioner Carollo: My wife, she didn't want me to run, but when I made the decision, she
was there for me, and I thank her because we...
(APPLAUSE)
Commissioner Carollo: My brother, Frank, that was with me all along.
(APPLAUSE)
Commissioner Carollo: And up here, I have my four children: My oldest, Christina, who is 17
now.
13 November 15, 1995
(APPLAUSE)
Commissioner Carollo: And my son, Joey, who's just turned 16.
(APPLAUSE)
Commissioner Carollo: And this is Caroline and Kelly, my youngest.
(APPLAUSE)
Commissioner Carollo: My Aunt Sylvia is back here, a schoolteacher, who is also my
godmother.
(APPLAUSE)
Commissioner Carollo: I think that we have to start off by saying the following - and I need the
cooperation and help of all my supporters - we cannot come here as victors with a sword in hand.
If anything, we need to come with an olive branch. I stated this to Victor and his wife last night,
and I mean this, and I will say it again today. I come here with an open mind, and a clean heart,
with no wanting of any vengeance, any get even. If anything, what I want is for all of my
supporters and Victor's supporters, and those maybe that didn't support either one of us, to work
together for a better Miami, to put the past aside, to begin anew. The only way, ladies and
gentlemen, that we are going to be able to truly make Miami magic is if we work together the
way God wants us to. And that is what I am asking all of you today - to come with that same
open mind, clean heart. That is the only way that we can accomplish that. The next four years
are going to be a very hard four years. We have a lot of work to do for Miami. You know, the
easiest part was the campaign, and that was tough. But now, today is when the toughest part
begins, and that's to govern, and that's where I need all of you to help me. Those that are truly
my friends, I ask this of you: Don't come asking me to vote for things, to do things that are not
appropriate. If you really are my friends, then help me to build a better Miami, to run a
government the way a government should be, with respect and dignity.
(APPLAUSE)
Commissioner Carollo: I've talked about some of my plans and visions in this campaign, and
I'm not going to go into a long speech of all the things that we discussed in the campaign that we
want to try to accomplish with the help of my colleagues here in the Commission and in Dade
County government, but I do want to say this: That the one thing that we all have to work
together for is to bring jobs to the City of Miami. Our community needs jobs, and the only way
that I think that we can accomplish that is by the City Commission working together with the
County Commission and State Government, and as a group, working together, putting all our
resources and energy together, I think we can accomplish that. And one of the ways that we can
begin immediately to try to do that is by voting for a contract for the port expansion, and helping
move Camillus House out of downtown Miami to a more appropriate location.
(APPLAUSE)
Commissioner Carollo: And one of the areas that I want to see the City Commission get very
actively involved in, and working hand in hand with the County, that already has started to work
in that, and that is to build a world class trade center, equal to none. And I think if we
accomplish that, that can be something where in the next five years, we can bring forty to fifty
thousand jobs for this community. World trade and commerce is really where the future of
Miami is at, and it's the kind of jobs that we can bring to our community that will make our kids
be able to stay in Miami and not go somewhere else to find a job. I mentioned some people that
helped in the campaign, but now, I want to mention two individuals that without them, I don't
think I could have been here today. These two guys went out and campaigned for me like there
was no tomorrow. They were campaigning for me like if they were the ones who were the
candidates. And if the election would be won or lost, it was going to be their win or loss. I, I
think, most of all, know how tough it is to win and to lose. But there is a young man -but not
that young. I'ni 40. He's about 33 now, so I started feeling a little old in this campaign. I
wasn't the youngest guy running anymore. He ran one heck ofa. race., a clean campaign, a tough
campaign, but a great campaign. And when lie was a hair away from making the runoff that,
unfortunately, lie didn't make, this young man sat down with me and told me straight out that he
would support me, he would campaign for me day and night in the runoff. There were no deals
made, nothing was asked. All that he wanted was good government - like what I want. And he
campaigned day and night, along with his family. And I am talking about Humberto Hernandez,
and I would like to give him a hand.
(APPLAUSE)
Commissioner Carollo: His mother and father were some of my key supporters from my earliest
campaigns. Obviously, in this one, in the primary, they couldn't be with me. But they were
again with me in the runoff, and I feel like they're really an extension of my family, because
they've been with me for so long from the beginning. On the other hand, there were two other
individuals that were key in this. One is one of my former colleagues, Miller Dawkins.
(APPLAUSE)
Commissioner Carollo: Miller accomplished a lot of things that I never thought that I would see,
and that brought one of our other colleagues from the Commission to be left for the final secret
weapon in the campaign, and I'm talking about Art Teele.
(APPLAUSE)
Commissioner Carollo: And Stephanie, I thank you for putting up with me so late at night, and
all of the meals that you made, that otherwise, I probably wouldn't have eaten, because I'd
forgotten about food. And let me tell you something, Stephanie is one heck of a cook. There
were two other gentlemen that ran a very strong race in the primary, and they both came very
strong for me, door to door, campaigning in the streets, recording late at night in the studios. I'm
talking about Vernon Clark. and Wellington Rolle. I don't know if they're here somewhere. I'm
so proud of their support.
(APPLAUSE)
Commissioner Carollo: Another candidate that came to help me in this runoff is Manolo Reyes,
and I thank him for that.
(APPLAUSE)
Commissioner Carollo: And, of course, there were key supporters, whose support was very
instrumental, like Miriam and Leonel Alonso.
(APPLAUSE)
Commissioner Carollo: Ricardo Nunez-Portuondo.
(APPLAUSE)
1S November 15, 1995
Commissioner Carollo: And Santiaguito Pernas.
(APPLAUSE)
Commissioner Carollo: Along with one of my other former colleagues, that I told him during
the campaign, you know, Armando, you know, I never realized you were such a fantastic talker.
Armando I acasa, former Commissioner Lacasa.
(APPLAUSE)
Commissioner Carollo: There were so many, many more of you that if I keep going on, you
know, we would be here all day. And to all of you that I have not mentioned, each and every
one of you know how grateful I am for your help. I hope that in the weeks to come, I can
express that gratitude to each and every one of you personally. I'm very humbled, very grateful
for that support. And I am also very happy that one of my former colleagues accepted the
invitation that I gave him to be here today, and I'm referring to Mayor/Commissioner Maurice
Ferre. Thank you, Maurice.
(APPLAUSE)
Commissioner Carollo: I also asked another friend to be here today, and I see him over here, and
that's Chief Ken Harms. Thank you, Ken.
(APPLAUSE)
Commissioner Carollo: We called Howard Gary to invite him to be here, and he said he would
try to make it. Maybe he would be here a little later, but he said he would try to make it. I'd like
to ask... Well, maybe the master of ceremonies for the next few minutes, my friend, Art Teele,
can read these names for me, and take over this part here, and ask them to come up.
Chairman 'Teele: Joe, had specific - Commissioner, excuse me - "Commissioner" sounds great.
Commissioner Carollo had specifically asked that there be clergy present - his own Father
Macho of Saint Cecilia Catholic Church, and we have Reverend John White of Greater Bethel
AME (African Methodist Episcopal). And a special treat is the fact that Reverend John Wilks
has also joined us today, and we know of Reverend Wilks' leadership in Overtown. Reverend
Wilks if you're here... If... The three pastors that have been called, would you please come
forward. John, where is... Is the Father here?
Vice Mayor Plummer: Turn around. He's coming up.
Chairman Teele: Reverend Wilks... We're going to ask the Father to give the official
benediction for this portion. If... Reverend Wilks, if you would come forward and...
Commissioner, Reverend Wilks.
(APPLAUSE)
Reverend Wilks: To the Mayor and the County Commissioners, the election is over, and we are
so assembled now to celebrate those who have been elected. In America, sometimes people hold
opposing views, and that's the reason we need elections. But following those elections, we need
to amend and follow the majority, what they have said. That's the American way. We have to
reconcile and be what we should be as a people. So I want to just offer a prayer for that peace
and reconciliation at this time. Would you bow your heads, please. Father God, the giver of all
good and perfect gifts, the God of peace, the God of love, the God of reconciliation, mend our
16 November 15, 1995
spirits and give us, oh God, that feeling of togetherness that Miami might be the place where
people love to come, and love to work, and love to rear their families. Give us, oh God, that
power that we need to be one people coming from many walks of life, from many cultures, from
many languages, but hind us together in your love. We thank Thee now for those whom Thou
have allowed to hold this high office. Guide them, oh God, by Thy power and by Thy will, and
forever, oh God, we give Thee the. praise. Amen.
Chairman Teele: Thank you, Reverend Wilks of 'Trinity. And now, for just a word of
inspiration, Reverend John White of Greater Bethel AME Church, the oldest church in
Overtown, which is now 99 years old - one year younger than the City of Miami.
Reverend Wilks: Amen.
Reverend John White: Thank you, Commissioner. To the Mayor, to all of you who have
assembled to share this historic event in the life of our community, we commend you to the fact
that the will of the people have been done.
Reverend Wilks: Amen.
Reverend White: And because the will of the people has spoken, we commit ourselves to make
a commitment that Miami can become and will become the Magic City, the City of all peoples,
the City where all of us can live together, a place where all of us can share life together, where
we can put forth an effort to make it to be what God would have it to be. To our newly elected
Commission, to this newly elected and inaugurated Commission, we pledge our support and
commitment. From Miami's oldest independently organized black church in downtown,
Overtown, Greater Bethel Church, we commit ourselves to this Commission and to this
community. Thank you.
(APPLAUSE)
Chairman Teele: Ladies and gentlemen, Pastor Douglas Cook had planned to be here, also, and
Mary and Commissioner Carollo had the opportunity to visit with him on Sunday all day, but for
the official benediction of this portion of this service, would you all hold hands, and we're going
to bring on the man, the spiritual leader for the Carollo family, the rector of Saint Cecilia
Catholic Church, Father Tomas Macho. Father.
Father Tomas Macho: Because I today have the thoughts on words independent of the
benediction, which allow me to say that Joe Carollo, the authority that has been given to you
directly by the people who have freely elected you ultimately comes from God, the grand source
of all that is. You are then accountable of its use to the people of the City and to God. May you
always walk according to the purpose of God, and the will of +he people. And a few words, also,
in Spanish.
QUE SEAS SIEMPRE UN QUIJOTE DE LA LEY. DESFACEDOR DE ENTUERTOS.
DEFENSOR DEL INOCENTE Y DEL POBRE INDEFENSO. PALADIN DE LA JUSTICIA Y
DE LA VERDAD ... LA VERDAD REAL Y LA VERDAD DENTRO DE LA LEY. SIN
BUSCAR LA FAMA N1 EL OR.O. SI NO RACER LA BUENA OBRA, EL TRIUNFO BIEN,
Y LA FAMA Y EL LUCRO TE SERAN DADOS POR ANADIDURA. SIEMPRE ACTUAR
CON BONDAD. CON UN CORAZON JUSTO Y MISERICORDIOSO, ATENTO AL DOLOR
AJENO DE QUIEN SE SIENTE OFENDIDO Y ATROPELLADO. MI PLEGARIA ESTA
INSPIRADA EN LA DE SALOMON AL COMIENZO DE SU REINADO. QUE EL SENOR
TE CONCEDA SABER ESCUCHAR EL GRITO DEL AGRAVIADO PARA SENTAR AL
SENTENCIADO. INTELIGENCIA Y PRUDENCIA PARA SABER DISCERNIR ENTRE EL,
BIEN Y EL MAL PARA QUE EN EL JUICIO PREVALESCA SIEMPRE LA JUSTICIA.
17 November 15, 1995
May the God of unity and love give this City the healing so that all races may work really
together, and no division, but peace, understanding, comprehension, respect. My Almighty God,
bless Carollo, his family, his office, and these, the authorities of the City, and may the blessing
of the Almighty God, the Father, the Son, and the Holy Spirit come upon us all. Thank you.
Reverend Wilks: Amen.
(APPLAUSE)
Commissioner Carollo: DEJENME DECIR UNAS PALABRAS NADA MAS EN ESPANOL,
POR FAVOR. YO SE QUE HA SIDO UNA CAMPANA LARGA Y UN DIA LARGO, CASI
YA NO TENGO NI VOZ, PERO SI TENGO QUE DECIR ESTO AQUI YA EN LA
COMISION. GRACIAS A ESE PUEBLO MIO ESTAMOS AQUI. MIENTRAS QUE
VAMOS A SER UN COMISIONADO PARA TODO MIAMI, YO SI SE QUE SIN EL VOTO
DE LOS CUBANOS, DE LOS HISPANOS DE MIAMI, NO HUBIERAMOS PODIDO
LOGRAR ESTA VICTORIA, Y ESTOY ETERNAMENTE AGRADECIDO DE SU APOYO.
MUCHAS GRACIAS.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE SPECIAL MEETING WAS ADJOURNED AT 12:55 P.M.
ATTEST:
Walter Foeman
CITY CLERK
Maria Josephine Argudin
ASSISTANT CITY CLERK
Stephen P. Clark
MAYOR
(SEAL)
18
November 15, 1995
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 16th day of November, 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 9:09 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Joe Carollo
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
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
ministration had wit yawn the following agenda items: CA-1,
21, 26, 31-A, and 37.
----------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
----------------------------------------------------------------------------------------------------------------
(A) Certificates of Appreciation: South Florida Urban Search and Rescue Task Force --
Steve Abraira, John Gilbert, Peter Smalley, and City of Miami Department of Fire -
Rescue -- for their assistance in the aftermath of Hurricane Opal.
19 November 16, 1995
AN
----------------------------------------------------------------------------------------------------------------
2. (A) ACCEPT MANAGER'S RECOMMENDATION TO REQUEST MIAMI
SPORTS AND EXHIBITION AUTHORITY (MSEA) TO REPORT
BACK TO THE COMMISSION ON STATUS OF NEGOTIATIONS
BETWEEN LEISURE MANAGEMENT INTERNATIONAL AND THE
MIAMI HEAT CONCERNING EXTENSION OF LICENSE
AGREEMENT WITH THE HEAT AT MIAMI ARENA -- DIRECT
COMMISSION REPRESENTATIVE TO CONTACT DECOMA
VENTURE, AND DECOMA MIAMI ASSOCIATES, LTD., AND
START NEGOTIATIONS TO PURCHASE ITS RIGHTS TO THE
MIAMI .ARENA.
(B) APPOINT VICE MAYOR PLUMMER TO REPRESENT THE
COMMISSION AND COMMISSIONER CAROLLO ELECTED AS
CHAIRMAN OF MSEA.
Mayor Clark: Mr. Manager, at our last meeting, this Commission passed a resolution concerning
the Miami Sports and Exhibition Authority, and expected a report back at this time. Would you
please respond.
Mr. Cesar Odio (City Manager): Yes, sir. I will ask Ron Krongold to please come up to the
podium and...
Mayor Clark: Please, folks. Listen.
Mr. Odio: ... and give us a report and recommend... I asked him also to, since he's been
working with us very closely on this issue, to come up with some recommendations. And the
Sports Authority is also here, and they are willing and ready to make a report, too.
Mr. Ronald Krongold: My name is Ronny Krongold, and I'm an attorney with the law firm of
Krongold and Todd, at 201 Alhambra Circle, Coral Gables, Florida. I was asked by the
Commission at the last Commission meeting to investigate and look into the items that were
passed in that resolution. Based on that, I spoke to Chris Korge, who is the attorney for the
Miami Sports Authority, and, in fact, met with him last Friday, where he was very forthcoming,
in giving me the history of the Sports Authority, and also discussing who the owners of the
operator, Decoma, were, and, in fact, on Monday, supplied me some documentation, and then
told me as late as yesterday that we would be getting documentation indicating who the operator
actually was, the makeup of the operator, and if there were any assignments and so forth and so
on. And in fact, this morning, he handed me a document which I haven't had a chance to
review, which I believe purports to tell us who is Decoma... who's the operator, and if there is or
have not been any assignments. So without having the ability of discussing that document, but
assuming for the rnornent that the document indicates that Decoma has complied with the
provisions within the land lease with regard to assignment, if there has been an assignment, or
transfer of ownership, which they have to notify us if there's 85 percent or more ownership of
the operator, that they have done that, I make my suggestions with keeping that in mind. My
suggestions are as follows: First of all, I strongly recommend that this City Commission does
not enter into any negotiations at all with any of the sports teams, be it the Heat or the Panthers,
in the Arena. And I think it has already been pointed out amply that that may be considered to
be an interference with the contract between the operator, who is Decoma, and the sports team,
and possibly even the contract between the Sports Authority and the operator. Also, I'd like to
point out that we cannot discuss... The City of Miami is prohibited from discussing any new
20 November lb, 1995
w A
arena with anybody, because in Section 1.1 of the land lease, which is the document that sets the
rules as to what the City of Miami does with regard to the Sports Arena, there is a specific
provision that says that we cannot compete nor discuss competition of any new arena as long as
we have this Arena and we're the landlords of this Arena, which we are. Based on those two
propositions, the City could ask MSEA (Miami Sports and Exhibition Authority), the Sports
Authority, to bring a lawsuit requiring the operator to provide the City with the information
requested in the resolution. But I would hesitate to recommend that for two reasons. Number
one, I think that information may be forthcoming anyways. And to get into litigation is
expensive, time-consuming, and I always recommend, whenever I can, if you can avoid
litigation, avoid it. It's the best ally of an attorney and very expensive. for their client. What the
City could do is enter into negotiations with the operator, with Decoma, if they will enter into
those negotiations, to buy Dccorna's position. The City, in fact, would step into the shoes of the
operator under the Miami Arena contract. If the operator and the Panthers have a common
ownership, as I have been led to believe they do, the Panthers are not - seem to be saying they're
not staying in Miami. And possibly, for those reasons, the operator, Decoma, would sell its
interest to the City, the Sports Authority or a combination of interested parties, which, in turn,
would allow the City to control its own destiny with regard to the sports teams and the Arena
within the City of Miami. And that is my recommendation to the City Commission.
Mayor Clark: Mr. Krongold, you read to me provision number 9, what it's all about, what the
contract includes and doesn't include?
Mr. Krongold: Excuse me, Mayor, I didn't hear what you said.
Mayor Clark: In the contract itself, about... was it 9A you said this morning?
Mr. Krongold: Which...
Mr. Odio: The land lease.
Mr. Krongold: Hmm?
Mr. Odio: The land lease.
Mr. Krongold: The land lease, yeah.
Mayor Clark: Anything further on that, but what they're supposed to do and what they're not...
Mr. Krongold: Well, it specifically - and this is interesting, OK? - because the document itself,
the land lease is a little convolved, it's confusing. But there is a specific provision in the Iand
lease that this City should really be aware of, again, because I think it was when it was initially
entered into. On page 48 of the land lease, in Section 11.3, it says: "The Authority has
represented to the operator, and the operator understands and accepts that the Arena is not
intended to he used for the principal purpose of booking conventions, trade shows and exhibition
space, but rather that the Arena is to be a multipurpose sports and entertainment complex, acting
as a catalyst for attracting professional sports franchises, musical concerts and other special
events. In recognition of this intention, operator agrees that it shall not principally market the
Arena for convention trade shows and exhibitions." So in effect, in effect, this Arena - and the
City is telling the operator and telling MSEA - this Arena is supposed to be a sports arena. Well,
with what's going on, and if both teams leave, it's no longer a sports arena, and I believe by the
City Commission jumping in, and it's been indicated to me that the City is very interested in
seeing the team... left with some sports teams, this is a manner for them to get into the game.
Mayor Clark: Thank you. Mr. Dawkins.
21 November 16, 1995
t
Commissioner Dawkins: Do I understand you to say to us that in no way should we, the City
Commission, become involved in any negotiations between the Heat, Leisure Management or
Decoma? Is that correct, sir?
Mr. Krongold: Correct.
Commissioner Dawkins: But I do understand you to say that the City of Miami should pursue an
avenue of purchasing what rights Decoma has. Is that a correct statement?
Mr. Krongold: Correct.
Commissioner Dawkins: Now, at one time, before the Mayor was here or Willy Gort - J.L.
Plummer is the only one who was here - Pat Tonelli came to us, the City of Miami and asked us
to purchase his rights. So are we within the legal framework where we do not open ourselves up
to any court challenge, if this Commission directs the Manager or this Commission itself pursues
that opportunity that was offered us to purchase Decoma's rights?
Mr. Krongold: To answer your question, Commissioner, on the documents, based on the
documents that I have reviewed, which is basically the land lease, and cursory over the Arena
contract, because I don't represent MSEA, and not having read all the bond documents, my
answer would be in the affirmative. OK? That I believe that we have the right and the authority
to enter into a discussion and a negotiation with Decoma to buy their rights.
Commissioner Dawkins: OK. Mr. Mayor and fellow Commissioners, 1 asked the City Attorney
to research an issue for me, and with your permission, I'd like to read it into the records.
Mayor Clark: Please do.
Commissioner Dawkins: It says, "The following is a brief summary of research concerning the
questions posed by your memorandum dated November 14th." From A. Quinn Jones.
"Number 1. The Miami Sports and Exhibition Authority was created pursuant to
Section 212.057 Florida Statutes. Subsequently repealed and replaced by Section
212.0305 Florida Statutes. Miami Sports and Exhibition Authority was created
by Ordinance Number 9662, which has since been amended several times. The
City Commission may amend, alter or change Miami Sports and Exhibition
Authority in any way it sees fit, as long as such changes are consistent with the
statutory requirements set forth in Section 212.305(4)(b)(4)(a) Florida Statutes,
which states as follows: 'The governing body of such municipalities shall
designate or appoint an Authority that shall have the sole power to approve the
concept, location, program and design of the facilities or improve to be built in
accordance with this paragraph and to administer and distribute such proceeds
and any other related sources of revenue. The members of each such Authority
shall be selected from the tourism and hospitality industry that does business
within such municipalities and shall serve at the pleasure of the governing body
of such municipality. The annual budget of such Authority shall be subject to
approval of the governing body of the municipality. The Authority, by resolution,
to be adopted from time to time, may invest, reinvest the proceeds from the
Convention Development Center, and any other revenue generated by the
Authority in the same manner that the municipality in which the Authority is
located may invest such funds."'
With that in mind, my fellow Commissioners, it seems that this Commission, in order to preserve
the Heat in Miami - and I think I should give a copy of this to each one of you for your own
perusal, study, and each of you should come up with a recommendation for what we should do.
Thank you, Mr. Mayor.
22 November 16, 1995
Mayor Clark: Thank you. Thank you. Mr. C,arollo.
Commissioner Carollo: Mr. Mayor, I can barely speak this morning, as you can see. My voice,
instead of getting better, is getting worse. I would just like the opportunity to be able to go over
the information that he has presented to us today before I can make a decision on this.
Mayor Clark: All right, sir. Mr. Gort.
Commissioner Gort: Well, I think we've been going around with this for quite a bit, and the
biggest problem that we've had, we had a third party, and that third party is very difficult to deal
with, and to go ahead and try to do something. I'd like to become the primary party.
Mayor Clark: All right. Mr. Vice Mayor.
Vice Mayor Plummer: Mr. Mayor, one thing I'm still going to try to find out and get an answer -
which I've yet to have a definite answer - is it a fact that the Panthers have a contractual
obligation to find their own facilities? I need to know that. And yet, nobody can answer that for
me. Because I don't want this Commission or MSEA to be spinning their wheels if they've got
to move. Let's know it. And if they don't have to move, and there's a shot that they can stay
there, let's know that. But I think that we're trying to operate here in a void. If, in fact, the
Panthers have to move, which I wish they wouldn't, I can only pledge from this one Commission
seat that I'm going to do everything humanly possible to keep the Heat in that Arena. Now, can
we meet that kind of an obligation? I think we can. My father always taught me that reasonable
people can disagree, they don't have to be disagreeable, and with that kind of an attitude, I think
that there's some kind of a compromise that can be fought - well, not fought - be met. So Mr.
Mayor, as far as I'm concerned, it's a matter to get on with the game. The only thing that
bothers me to no end, the perception to the public that what happens at that Arena is our fault -
"our" - the City Commission's fault. And yet, very few people realize that we have little or no
power as it is presently constituted. Really and truthfully, we have three aspects that are on the
table. We appoint the members, we approve the budget, and we only get dollars out, we only get
three hundred thousand dollars ($300,000) a year, which is to repay this City for the land which
that Arena was built on over a 20-year period. And other than that, we basically don't have
anything to do with the day-to-day operation. But yet, every time you turn on a television or
pick up a newspaper, it's the City Commission, who, in fact, is catching hell. That's got to stop.
Now, either - one way or the other - we either got to fish or we got to cut bait. My simple stand
is, this Commissioner will do whatever is humanly possible to keep the Heat in that Arena in
downtown Miami.
Mayor Clark: Thank you, Mr. Plummer. Mr. Manager.
Mr. Odio: I think we should hear from the Sports Authority.
Mayor Clark: All right.
Mr. Odio: They had a meeting yesterday. For the record, give us your name.
Mr. Bill Perry: Bill Perry, Executive Director of the Miami Sports and Exhibition Authority. I
have a memorandum that I can give out that will summarize our meeting from yesterday. We
had the opportunity to meet yesterday, per the mandate of the City Commission last week. And
let me just say that I feel confident, on behalf of the Authority, that we can, working in
conjunction with the City of Miami, that we can come to terms on a two-year extension.
Basically, I think one of the objectives that we achieved yesterday is that Leisure Management
and the Miami Heat have not spoken, I don't believe, since June, and they have agreed to come
23 November 16, 1995
back together as a result of this meeting yesterday. As you can see in the memorandum, the
Miami Heat would like a two-year extension with an increase of ten percent. We're willing to
pay a ten percent increase relative to their arrangement. That will commence in the 1998/99
season. They also have requested that they retain all of their rights regarding advertising; and
suite revenues. So LMI, Leisure Management, countered with another offer yesterday that
basically has... revolves around the advertising and suite revenues, which they would like to
keep, as well as the Heat paying; a base rent of nine thousand dollars ($9,000), plus seven and a
half percent of net ticket sales. Obviously, we can't resolve this issue in one day, but I feel
comfortable that in working in conjunction with the City that. we can come to some kind of
arrangement. And we would like to report back to you whenever they meet. I think it's
scheduled for early next month.
Mayor Clark: Have you figured out, Bill, the difference between this nine thousand dollar
($9,000) base rent and the two hundred thousand dollar seven and a half percent of what they're
paying now?
Mr. Perry: Yeah. And what they're paying now, to quantify it, comes to approximately one
point two million dollars ($1.2 million), all figures considered, at the bottom line. They have
offered a ten percent increase, commencing for the extension, once this contract has expired,
which comes to a hundred and twenty thousand dollars ($120,000). The advertising and suite
revenue, obviously, there is a significant value there, and that's where the issue is. They would
like to retain those rights with the extension. So it's in the neighborhood of...
Mayor Clark: The Heat, you're talking about the Heat now.
Mr. Perry: The Heat, yes. That right is worth millions.
Mayor Clark: And LMI doesn't agree with that.
Mr. Perry: As presented currently, yesterday.
Mayor Clark: All right. Any questions of Mr. Perry? Mr. Korge, you're next.
Commissioner Carollo: Bill, Bill, let me ask you one question. LMI, who are the people that are
negotiating for LMI right now?
Mr. Perry: The people that are negotiating for LMI currently are John Blaisdale, as the Chief
Operating Officer of Leisure Management International, and Robert Franklin, Chief Operating
Officer of Leisure Management Miami.
Commissioner Carollo: All right. Thank you.
Mr. Odio: Mr. Mayor.
Mayor Clark: Mr. Korge, do you have anything additional?
Mr. Chris Korge: I have nothing else to add at this point.
Mr. Manuel Gonzalez-Goenaga: I do.
Mayor Clark: All right.
Vice Mayor Plummer: Well, let... Mr. Mayor, may I ask a question?
24 November 16, 1995
Mayor Clark: Just a moment, sir. You'll be recognized. Yes, sir.
Vice Mayor Plummer: Has anybody determined what is the difference in the amount of money
that we're talking about?
Mayor Clark: That's what I was asking for.
Vice Mayor Plummer: I mean, has anybody sat down... As close as you can guess, I mean,
because obviously, when you say in excess of two hundred thousand, it could be three hundred,
or two hundred and fifty. It could be anything. But assuming it's at the two hundred, what is the
difference between what is being talked about and what is reality?
Mr. Korge: Vice Mayor Plummer...
Vice Mayor Plummer: Ballpark.
Mr. Korge: ... essentially, the major difference is the rights. The dollar value difference between
the nine thousand dollars ($9,000) per game and seven and a half percent of ticket sales in excess
of two hundred thousand a game is all, obviously, dependent on how many ticket... how much
their gross is.
Vice Mayor Plummer: Of course.
Mr. Korge: The major discrepancy between Leisure Management International and the Heat is
that Leisure Management International believes that the Arena should retain the rights of the
advertising and the suites, and instead of the Heat paying a fee to the Arena for that, and
remarketing it and selling it. That is the major sticking point right now between the two.
Commissioner Carollo: But Chris, what was the value on that advertising and the suites for last
year?
Mayor Clark: What's it amount to?
Commissioner Carollo: How much did that bring in in revenue?
Mr. Korge: Commissioner Carollo, the answer to that would have to be answered by the Heat,
because they sell those rights.
Commissioner Carollo: Right.
Mr. Korge: And we... That's proprietary information to them. They have never disclosed that
to us. We believe that those rights are somewhere between six and a half and... six and a half to
seven and a half million, somewhere around that amount. That's what Leisure Management
believes,
Commissioner Carollo: Well, based on that, on what they're worth, and I'm sure you have to
have an estimate of what the net is in that, what is the difference between their offer and the
counteroffer?
Mr. Korge: They're...
Commissioner Carollo: How much dollars are we apart?
Mr. Korge: They're... Right now, it appears that you are somewhere between five million and
six million apart.
25 November 16, 1995
Vice Mayor Plummer: Per year?
Mr. Korge: Per year. That is...
Commissioner Carollo: Quite a difference.
Mr. Korge: That is where I think we are apart, based on a two-year extension. Now...
Commissioner Carollo: That's on a two-year extension.
Mr. Korge: That's correct.
Commissioner Carollo: Not on a yearly extension.
Mr. Korge: On a two... It's five million dollars ($5,000,000), potentially, per year, for two
years.
Commissioner Carollo: OK. So what we're talking about, then, is at least ten million dollars
($10,000,000) difference.
Mr. Korge: That is correct. That's our estimate, based on the information that Leisure
Management has given us.
Mayor Clark: Mr. Dawkins, you have the floor.
Commissioner Dawkins: Mr. Perry, what's a ball park figure that Miami Sports and Exhibition
Authority receives from operating with Leisure Management and the Heat in revenue?
Mr. Perry: On an annual basis or...
Commissioner Dawkins: Last year.
Mr. Perry: About two hundred and fifty thousand dollars ($250,000) on seat use.
Commissioner Dawkins: What is the total amount of money that the Miami Sports and
Exhibition Authority received last year from working in conjunction with the Miami Heat,
Leisure Management and et cetera? What is the bottom line you have on your profit and loss
sheet showing?
Mr. Perry: Two hundred and fifty thousand.
Commissioner Dawkins: That's all?
Mr. Perry: From seat use revenues, yeah.
7
Commissioner Dawkins: OK. Well, let me see if I can put it another way.
Vice Mayor Plummer: Were there any other revenues?
Commissioner Dawkins: OK. That's just another way to put it, mm-hmm. Out of all the
income and all the money handled by the Miami Sports and Exhibition Authority, at the end of
the year, what was your net gain?
26 November 16, 1995
Mr. Perry: For last year, two hundred and fifty thousand.
Commissioner Dawkins: The year before that?
Mr. Perry: About the same, slightly lower.
Commissioner Dawkins: So you... OK. How much money does Miami Sports and Exhibition
Authority have in the bank?
Mr. Perry: We have approximately twenty-three million dollars ($23,000,000) - a portfolio.
However... however...
Commissioner Dawkins: And you got twenty three mill...
Mr. Perry: That's... but that's committed...
Commissioner Dawkins: You got twenty-three million dollars ($23,000,000) operating each
year, and you only got two hundred and fifty thousand dollars. But you got twenty-three million.
Mr. Perry: No, no, let me clarify.
Commissioner Dawkins: Please do.
Mr. Perry: We have twenty-three million dollars ($23,000,000) of which the majority of that is
committed.
Commissioner Dawkins: Beg pardon?
Mr. Perry: The majority of that is committed to the Miami Arena operations...
Commissioner Dawkins: No, no, no...
Mayor Clark: Commitments is another story.
Mr. Perry: ... repairs and replacements, et cetera. It's designated, those dollars are designated...
Commissioner Dawkins: It's impossible, Mr. Perry, to have twenty-three million dollars
($23,000,000) only earning two hundred and fifty thousand dollars a year. Now... But if you
can explain that to me, I'll listen.
Mr. Perry: We have a portfolio, Commissioner, in terms of the summary of our funds...
Commissioner Dawkins: Mm-hmm.
Mr. Perry: Twenty-three million dollars ($23,000,000), of which the majority of that is
committed to debt service...
Commissioner Dawkins: But you have it on hand.
Mr. Perry: ... to repairs... repairs and replacement. It's committed, according to the bond
documents.
Mayor Clark: Bill.
November 16, 1995
is
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Mr. Perry: Yeah.
Mayor Clark: He's asking a very simple question. Where did the twenty-three million dollars
($23,000,000) come from?
Mr. Perry: The twenty-three million dollars ($23,000,0000) came from accumulated savings,
from the convention development tax. It came from a professional sports franchise grant from
the County. It came from interest earnings, and as well as the seat tax, that we make more
revenues with events that happen at the Arena.
Mayor Clark: So over a five-year period, you're talking about three million dollars ($3,000,000)
a year. Because you started with zero, right?
Mr. Perry: No, we didn't start with zero. I've only... Through the five and a half year period
that I've been there, we did not start with zero, no, no.
Mayor Clark: I don't understand it.
Commissioner Gort: I think mainly what they're asking is, of the twenty-three million, how
much of that is produced in a year? Am I correct?
Vice Mayor Plummer: How much what?
Mr. Perry: Yeah.
Commissioner Gort: Is produced in a year. I mean, you got that invested. Now, how much is
produced in a year? See, your question... the answer was the Arena produced two hundred and
fifty thousand dollars ($250,000). What other source of income did you get? The twenty-three
million dollars ($23,000,000), what did it produce in interest gain, in interest earning?
Mr. Perry: I don't know what the exact interest earnings is on that. I mean, I could report that to
you.
Commissioner Gort: But more or less, I think that's what he's asking.
Commissioner Dawkins: But it's more than two -fifty.
Commissioner Gort: Right. In other words, you got two -fifty from the Arena, you got additional
income coming in. I think that's what he's asking.
Mr. Perry: Two -fifty from the Heat.
Commissioner Gort: From the Heat.
Mr. Perry: The question was from the Heat.
Commissioner Gort: No, but I think he wants to know from...
Commissioner Dawkins: No, but then I... I said from the Heat, and then I couldn't get the
number from the Heat, Mr. Gort, and then I asked in total. That's right. That's what I said, in
total.
Commissioner Gort: What does the Arena produce for the Sports Authority in all of the events a
year?
28 November 16, 1995
Mr. Chris Korge: Can I... May I answer? There are several questions being asked here. To
answer your question, Commissioner Gort, the Arena, every year, with the exception of one
year, has had an operating; deficit. What we receive every year, the Authority, is there's a thing
called the seat use charge. That has nothing to do with whether or not there's a deficit in the
Arena. We get a percentage of that money for every person that walks in the building, and that
number has ranged between 250 and as high as... The highest is 250 that we've gotten in a year.
As it relates to where does all this twenty million dollars ($20,000,000)... First of all it's... We
have twenty million dollars ($20,000,000) now, because on October 1, we had to make a debt
service payment of three, approximately three and a half... three million dollars ($3,000,000),
three point two million dollars ($3.2 million). So every year, on a semiannual basis, we make
debt service payments. When the bonds were issued back in 1985, there was a requirement in
the bond documents that we keep a reserve of several millions of dollars. When... When we
refinanced that debt, it freed up some of that money. Now, in addition to that, it freed up
approximately, I believe it was eight million dollars ($8,000,000). So eight million ($8,000,O00)
of the twenty came from the bonds that when we refinanced it, those monies were released,
because at that point, the convention development tax had a track record. The other twelve
million, five million comes from a professional sports franchise tax, which we were given a
grant from the County for purposes of doing improvements to the Arena, which we have in
reserve. The other amounts of money... Every year, under the bond documents, the County has
to fund the Authority a certain amount of money, because when the County took control of the
convention development tax buck in 1988, what happened was originally, the Authority and the
City had control of the money. The County changed the State law and took control of the
money. When they did that, the Authority, through a study that was done, an independent study,
showed that over a 30-year period, there had to be forty-eight million ($48,000,000) spent on
repair and replacement of assets in the Arena. By 1998, there is a major expenditure that has to
be made, as far as repairing and replacing seats and other physical structures. So every year, to
answer Commissioner Dawkins' question, we're getting money from the County which we are
obligated under the bond documents to save, to do asset repair and replacement, and that's where
the twenty million dollars ($20,000,000) comes from.
Commissioner Gort: Commissioner Dawkins, look, I think - and correct me if I'm wrong,
Commissioner Dawkins - I think what we're trying to find out is, what is the income stream that
comes down from the Arena? What portion of that income stream comes to the Sports
Authority, and what can we get if we deal directly? I think that's what we want. Correct?
Commissioner Dawkins: That's all, Mr. Gort.
Commissioner Gort: I think that's what we'd like to have back.
Mr. Odio: I think personally that...
Commissioner Gort: Because in order to make a decision on what we want to do, we need those
numbers.
Mr. Korge: We make approximately in investment earnings about a half a million dollars a year.
Commissioner Gort: Right.
Mr. Korge: That is not designated money. That's what our investment earns.
Commissioner Gort: I understand. That goes back into the City funds but...
Mayor Clark: But it's income. It's income.
29 November 16, 1995
W
Commissioner Gort: It's income. OK.
Vice Mayor Plummer: Of course it is.
Commissioner Carollo: Excuse me, Chris. We make half a million and how much do we have
invested?
Mr. Korge: We have approximately twelve million invested, off and on. And I would ask
Brenda. She is the person who deals with the day-to-day investment transactions. We have a
trustee that oversees the monies of the Authority under the bond documents.
Commissioner Carollo: So on twelve million, we're only making half a million?
Mr. Korge: She can give you the exact numbers. That's an estimate, at about four percent, four
or five percent.
Mayor Clark: That's not a good investment.
Mr. Korge: We are restricted, Commissioner, under State law, as to how we can invest our
proceeds. We're limited under State law as to exactly how .Authority proceeds can be invested.
Commissioner Carollo: Well, I could understand that, Chris, but I don't think we're limited in
how much we could earn and...
Mayor Clark: That's right.
Commissioner Carollo: ... that seems to me like a pretty, pretty low figure for twelve million.
Vice Mayor Plummer: Mr. Mayor, if I may.
Commissioner Carollo: We could do a lot better than that, I'm sure.
Mayor Clark: You're right, Joe.
Vice Mayor Plummer: Mr. Krongold, if I may. From what I hear from you and from what I hear
of the others, we cannot talk to the team.
Mr. Krongold: Right.
Vice Mayor Plummer: I assume MSEA can't really talk to the teams. That the real negotiation
to keep the Heat here, as I see it right now, is between the Heat and LMI; that if LMI do not give
up what we refer to as the goodies, the Heat's going to say bye-bye. Now, if that is the case, the
only ones that we can deal with is LMI. OK?
Mr. Krongold: Right.
Vice Mayor Plummer: Because other than that, I don't know if it's the Authority, invested in...
the Sports Authority, that they can talk with the teams, or whether that would be out of the
question. So as far as I'm concerned, the only place that we, the City Commission, can get
ourselves involved is talking with LMI, and I think other than that, we're whistling.
Mr. Krongold: I agree. And in addition to that, I think that the question that Commissioner
Dawkins and Commissioner Gort posed - OK? - with regard to the revenue, we are aware, and I
30 November 16, 1995
don't think it's privileged, is the amount of revenue that Decoma is making out of the Arena,
which is substantial, and also when you go to negotiate, if, in fact, Decoma agrees to negotiate,
Huizenga agrees to negotiate, there is financially reasonable numbers which a fiscal, intelligent
body will agree to pay for a certain asset that shows an income stream. And I assume that's what
the County is - the City is going to - how they're going to approach it.
Mayor Clark: Mr. Dawkins.
Commissioner Dawkins: So what you're saying to me is that before this Commission should
enter into whatever, we need a show of the income stream, what it is now, and what it's
projected to be, because the Heat is already gone - I mean the Panthers have already gone. So
that means that revenue is down. And if the Heat should leave, the revenue would go down. So
what you're saying is, we need a - whatever they call it - pro forma or something, saying that if
this happens, it should be worth this; if that happens, you should pay this, if you decide to buy it
out. Is that what you're telling me?
Mr. Krongold: That's right. I've already seen, Commissioner Dawkins - and I was sent by Mr.
Perry, OK, who's forthcoming with what I asked - I've seen what Decoma has been taking out of
the Arena in the last, I think it was, three years you sent me or four years, and I've seen that. So
I have an idea of what the numbers look like.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mr. Odio: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Odio: That's why I would recommend that first we get a report back in the next
Commission meeting, or from the Sports Authority, on where they are with LMI in negotiating
the extension, but that you instruct or appoint someone from the Commission and Administration
to contact Decoma Ventures, I think is the proper... I don't know if it's... Decoma Miami
Ventures, or whatever, and start negotiating to purchase their rights to the Miami Arena.
Mayor Clark: That has to move forward rapidly. Thank you. All right.
Commissioner Dawkins: Do you need a motion for that, Mr. Mayor?
Mayor Clark: Yes, sir.
Mr. Manuel Gonzalez-Goenaga: Excuse me, sir.
Commissioner Dawkins: I move that we follow the Manager's recommendations and proceed.
Mr. Gonzalez-Goenaga: May I address the Commission?
Mayor Clark: Yes, you'll be recognized. Just a moment. I'll be happy to do that before this
meeting concludes.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk, if there's no objection. All right, Mr.
Gonzalez, Boom Boom.
Mr. Gonzalez-Goenaga: Well, good morning, Commissioners, and I want to specifically
congratulate Mr. Joe Carollo.
31 November 16, 1995
Commissioner Carollo: Thank you.
Mr. Gonzalez-Goenaga: I... You got a mandate from the people, and I hope that you really take
a strong effort, which I'm sure you will, to start will full, fair, and honest disclosure on all this
Administration. I had the privilege to speak in the special Commission meeting, and I do not
want to repeat what I did say, but from what I hear today, and I talk bluntly, when you have a
president of the Sports Authority, after so many ,years, that doesn't know and cannot even
answer, and the outside counsel has to come in and try to explain, there is something wrong,
terribly wrong. And of course, unless we are informed, and the Commissioners are fully fair and
honestly informed, I sincerely hope - and I know it's almost the impossible dream - that every
time any Administration employee comes before this Commission, I wish they were under oath,
starting from the City Manager down. Thank you very much.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-784
A MOTION ACCEPTING THE CITY MANAGER'S RECOMMENDATION TO
REQUEST OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) TO
REPORT BACK TO THE CITY COMMISSION AS TO THE STATUS OF THE
NEGOTIATIONS BETWEEN LEISURE MANAGEMENT INTERNATIONAL (LMI)
...__...._AND THE MIAMI HEAT REGARDING THE EXTENSION OF THE LICENSE
AGREEMENT WITH THE HEAT AT THE MIAMI ARENA; FURTHER DIRECTING
THE COMMISSION REPRESENTATIVE IN THIS EFFORT (VICE MAYOR J.L.
PLUMMER) TO CONTACT DECOMA VENTURE AND START NEGOTIATIONS
TO PURCHASE ITS RIGHTS TO THE MIAMI ARENA.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Thank you for your comments. All right. If a motion is passed... You got the
motion, Mr. Clerk?
Mr. Walter Foeman (City Clerk): Yes, Mr. Mayor.
Mayor Clark: Would you repeat the motion?
Mr. Foeman: It's a motion directing the representative to report back from MSEA on the
extension, and also have a representative appointed by the Commission to contact Decoma
Ventures regarding negotiating the intent to buy certain rights of Decoma Ventures.
Mayor Clark: Buy Decoma outright.
32
November 16, 1995
Vice Mayor Plummer: That's not, sir, right.
Mr. Odio: Thev have different... I think... What is the Miami Arena's Company? Decoma
Ventures Miami?
Commissioner Dawkins: Yes.
Mr. Korge: It's Decoma Miami Associates, Limited.
Mayor Clark: OK.
Commissioner Dawkins: Put that into the motion.
Mr. Foeman: Decoma Miami Associates, Limited.
Mayor Clark: Call the roll on that item.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-784.1
A MOTION CLARIFYING AND CORRECTING A SCRIVENER'S ERROR IN
CONNECTION WITH PREVIOUSLY STATED MOTION 95-784, ACCEPTING THE
CITY MANAGER'S RECOMMENDATION TO REQUEST OF THE MIAMI SPORTS
AND EXHIBITION AUTHORITY (MSEA) TO REPORT BACK TO THE CITY
COMMISSION AS TO THE STATUS OF NEGOTIATIONS BETWEEN LEISURE
MANAGEMENT INTERNATIONAL (LMI) AND THE MIAMI HEAT REGARDING
THE EXTENSION OF THE LICENSE AGREEMENT WITH THE HEAT AT THE
MIAMI ARENA; FURTHER DIRECTING THE COMMISSION REPRESENTATIVE
IN THIS EFFORT (VICE MAYOR J.L. PLUMMER) TO CONTACT DECOMA
MIAMI ASSOCIATES, LTD. AND START NEGOTIATIONS TO PURCHASE ITS
RIGHTS TO THE MIAMI ARENA.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner J.L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Wifredo Gort
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: All right. Other matters.
Mr. Odio: Mr. Mayor, who will be... So that we can contact the company...
Mayor Clark: I'm going to select Mr. Plummer for that operation.
33 November 16, 1995
Vice Mayor Plummer: Fine.
Mayor Clark: OK?
Vice Mayor Plummer: Fine.
Mayor Clark: All right, let's move forward.
Vice Mayor Plummer: The Heat stays here.
Mayor Clark: And I'll tell you, Plummer, Plummer's like a bulldog. And if he can't, we'll back
him up with Carollo, and Dawkins, and Gort, and Clark.
Commissioner Dawkins: That's right.
Mayor Clark: This has to come to an end, it has to come to a head. We've vacillated - we
haven't vacillated. We've taken this thing up a thousand times. We've just been restricted and
cautioned by the Attorney that we can only go so far with the laws we have available at the
present time. Thank you.
Mayor Clark: All right.
Vice Mayor Plummer: Mr. Mayor, you might want to announce the items that have been
withdrawn from the agenda before we start, in case anybody was here.
Mayor Clark: Please, please, get me that information, Mr. Plummer.
Vice Mayor Plummer: The items withdrawn, Mr. Mayor, prior to the distribution of the agenda,
were item 26 and item 27 - I'm sorry - 37.
Commissioner Carollo: Twenty-six and 37.
Vice Mayor Plummer: After the agenda was distributed, the following items were withdrawn:
CA-1, regular agenda 21, and regular agenda 31-A.
Mayor Clark: Hold on, folks, before you leave. We're making an announcement.
Vice Mayor Plummer: I'm sorry?
Mayor Clark: The new chairman of the Authority is Commissioner Joseph Carollo. That
appointment is made right now.
Commissioner Carollo: Thank you, Mr. Mayor. I appreciate it.
Mayor Clark: Thank you.
Commissioner Dawkins: I don't think I want him to be the Chairman (laughing).
Mayor Clark: Next case. Go ahead, J.L.
Vice Mayor Plummer: All right. Just very quickly repeating...
Commissioner Dawkins: Is 26 withdrawn?
34 November 1.6, 1995
Vice Mayor Plummer: ... repeating again. Prior... It would be CA-1, regular agenda 21, and
regular agenda 31-A have been pulled from the agenda. So anyone on those items, be aware that
they'll not be taken up today.
Mayor Clark: Thank you very much, Mr. Plummer.
-------------------------------------- I---------------------------------------------------------------------------
3. CONSENT AGENDA.
----------------------------------------------..-----------------------------------------------------------------
Mayor Clark: All right. We have before us now the consent agenda. CA-1 has been withdrawn,
right? You said that, Mr. Plummer?
Vice Mayor Plummer: Yes, sir.
Mayor Clark: CA-1 has been withdrawn. Any comment on the consent agenda? - wait just a
moment, sir. Wait a moment - from the Commission?
Vice Mayor Plummer: None, sir.
Commissioner Dawkins: I don't have any, Mr. Mayor.
Mayor Clark: All right. Hearing... Mr. Carollo?
Commissioner Carollo: None, sir.
Mayor Clark: Hearing none, Mr. Gonzalez.
Mr. Manuel Gonzalez-Goenaga: Yes. I want to make a comment on CA-3, 6, S, 9, 10, and 11.
Commissioner Carollo: What is that, Manny? What numbers?
Mr. Gonzalez-Goenaga: CA-3, 6, 8, 9, 10, and 11.
Mayor Clark: Your comment, please.
Mr. Gonzalez-Goenaga: On CA-3, which I think also includes CA-11, I have asked from this
Commission over, and over, and over again a report on the Law Enforcement Trust Fund. I have
been promised by the City Manager. He has never, never, and refused to deliver the funds, the
income and expenses on the Law Enforcement Trust Fund.
Mayor Clark: Mr. Manager, on the report on the Law Enforcement Trust Funds.
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: This gentleman says he's requested a report. Go ahead again.
Mr. Gonzalez-Goenaga: Over, and over, and over again, in different Commission meetings, and
I have never been delivered.
Mr. Odio: Mr. Mayor, may I? I have... I don't know what is inside of them, but we have sent
certified letters in reply to numerous requests from this gentleman, and they have not been...
35 November 16, 1995
Those letters have not been accepted. So I have to look inside those letters and see if the
information that has been requested was, in fact, mailed, and did not receive.
Mayor Clark: We'll get a report back on it. What else do you have?
Commissioner Carollo: Manny, Manny, if there is anything that you've requested and you
haven't received it, please get a hold of my office or myself, and I'll make sure that you get it.
All right?
Mr. Gonzalez-Goenaga: OK. Thank you.
Commissioner Carollo: Thank you.
Mr. Gonzalez-Goenaga: On number 8, 1 would like to have a full disclosure of this particular
case number, 88-2033. There is a resolution, change of attorney. What does this involve, this
law case? Civil rights violation?
A. Quinn Jones, I11, Esq. (City Attorney): Excuse me?
Mr. Gonzalez-Goenaga: On CA-8.
Mr. Jones: Yes. What is your question?
Mr. Gonzalez-Goenaga: What does it entail, this case that's in Federal Court, filed since 1988?
Mr. Jones: Because... Why has it been in Federal Court since '88?
Mr. Gonzalez-Goenaga: Yeah. What's the issue of the case?
Mr. Jones: The issue was the black firefighters who sued the City, and former fire chiefs,
claiming civil rights violations.
Mr. Gonzalez-Goenaga: OK.
Commissioner Carollo: Great. Thank you very much.
Mr. Gonzalez-Goenaga: And then on CA-9, this is the case of the Rusty Pelican. I pass on that.
This proposed settlement of Inter -American Car Rental, Inc., again, police negligence on
accidents. I... As you know, Mr. Mayor, I am chairman of Citizens United Against Police
Brutality, and it has never been mentioned, not even in the NET (Neighborhood Enhancement
Team) programs, the amount of dollars and cents that are pending regarding police brutality, and
the threatened lawsuits, including mine, that will come after the new year. And I would like to
have a definite answer if I am right or wrong. Is it a ball park figure that a minimum of sixty-
five million dollars ($65,000,000) are pending claims regarding police brutality and negligence
in the City, in the allegedly best police department in the whole nation? Could I have an
answer?
Vice Mayor Plummer: Mr. Mayor, I can give you an answer on that, because I negotiated for the
previous loan.
Mr. Gonzalez-Goenaga: Loan?
Vice Mayor Plummer: Yes, sir.
36 November 16, 1995
�1
Mr. Gonzalez-Goenaga: No. These are claims.
Vice Mayor Plummer: No, sir. I'm telling you what I said - a loan - and that was to cover the
potential immediate debt. L.et's make the record very clear, Manny.
Mr. Gonzalez-Goenaga: Mm-hmm.
Vice Mayor Plummer: What we're talking about, when you say potential, just because...
Mr. Gonzalez-Goenaga: Or threatened lawsuits.
Vice Mayor Plummer: ... Mr. Joe Schmo says, "I'm suing for six million dollars ($6,000,000),"
that's the number that is being used. It doesn't mean that he's going to get six million, six
hundred, or six dollars ($6). The potential overall total which people - as crazy as they are - are
asking for, is eighty-six million dollars ($86,000,000). It doesn't mean a damn thing.
Mr. Gonzalez-Goenaga: I understand.
Vice Mayor Plummer: That's what they're asking for.
Mr. Gonzalez-Goenaga: "DE LA VIRTUD DE PEDIR ESTA EL DON DE NO DAR." Yes.
But doesn't... That should include also threatened lawsuits. And as you know, I have been
arrested, harassed by the best police department in the whole nation, according to the NET
program, paid by the citizens, in ten times. And I have never been physically attacked, but I
have been stolen property, and it has been denied by the liar, Wilfredo Perez-Borroto, police
officer, that he... I don't think he...
Unidentified Speaker: Mr. Mayor
Mr. Gonzalez-Goenaga: When he steals the uniform off his body, he should not even carry a
badge.
Mayor Clark: Thank you very much. All right. Any further discussion on the consent agenda?
Vice Mayor Plummer: I move the consent agenda, Mr. Mayor.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: Call the roll, Mr. Clerk.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
MMISSION, IT WAS ETERMINED 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,
37 November 16, 1995
W
THEREUPON MOTION DULY MADE BY VICE
MAYOR PL,UMMER AND SECONDED BY
COMMISSIONER DAWKINS, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
3.1 ACCEPT BID: KNOWLES ANIMAL CLINIC -- FOR PROVISION OF
VETERINARY SERVICES FOR POLICE DEPARTMENT -- ALLOCATE $16,800.
RESOLUTION NO. 95-785
A RESOLUTION ACCEPTING THE BID OF KNOWLES ANIMAL
CLINIC FOR THE PROVISION OF VETERINARY SERVICES FOR
ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, FOR THE DEPARTMENT
OF POLICE, AT A TOTAL PROPOSED FIRST YEAR COST OF
$16,800.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE
290201-260; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID SERVICE AND THEREAFTER TO EXTEND
SAID SERVICE FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS AT THE SAME PRICE, TERMS, AND CONDITIONS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.2 AUTHORIZE FUNDING OF CRIME PREVENTION PROGRAM -- ALLOCATE
$79,261 FROM LAW ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 95-786
A RESOLUTION AUTHORIZING THE FUNDING OF THE CRIME
PREVENTION PROGRAM, IN AN AMOUNT NOT TO EXCEED
$79,261; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NO. 690001, INDEX
CODE 290904-996, SUCH EXPENDITURE HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED.
38 November 16, 1995
1
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.3 WAIVE USER FEE FOR USE OF ORANGE BOWL STADIUM BY DADE COUNTY
FOOTBALL, COACHES ASSOCIATION -- FOR PRESENTATION OF 3RD ANNUAL
STAN MARKS MEMORIAL DADE FOOTBALL ALL-STAR CLASSIC
(DECEMBER 2, 1995) -- EXECUTE AGREEMENT.
RESOLUTION NO. 95-787
A RESOLUTION, WITH ATTACHMENT(S), WAIVING THE USER
FEE FOR THE. USE OF THE ORANGE BOWL STADIUM BY DADE
COUNTY FOOTBALL COACHES ASSOCIATION FOR ITS
PRESENTATION OF THE 3RD ANNUAL STAN MARKS
MEMORIAL DADE FOOTBALL ALL-STAR CLASSIC ON
DECEMBER 2, 1995; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND DADE
COUNTY FOOTBALL COACHES ASSOCIATION FOR SAID
PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE AND
PAYING FOR ALL OTHER COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.4 ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR ISSUANCE OF
30-DAY PARK PERMIT -- FOR USE OF PORTIONS OF WATSON ISLAND BY
NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC. FOR EXHIBIT /
PARKING / CONCESSION SPACE IN CONNECTION WITH 1996
INTERNATIONAL BOAT SHOW (FEBRUARY 15 - 26, 1996).
RESOLUTION NO. 95-788
A RESOLUTION, ESTABLISHING SPECIAL CHARGES, TERMS
AND CONDITIONS, AS HEREIN SPECIFIED, FOR ISSUANCE OF A
PARK PERMIT, FOR A PERIOD NOT TO EXCEED THIRTY (30)
DAYS, FOR USE OF PORTIONS OF WATSON ISLAND BY THE
NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC.
("NMMA"), FOR EXHIBIT, PARKING AND CONCESSION SPACE IN
CONNECTION WITH THE 1996 INTERNATIONAL BOAT SHOW TO
BE HELD FEBRUARY 15 THROUGH 26, 1996; AUTHORIZING THE
CITY MANAGER TO DIRECT THE PARKS AND RECREATION
DEPARTMENT DIRECTOR TO ISSUE THE NECESSARY PERMIT
IN COMPLIANCE WITH ALL APPLICABLE CITY CHARTER AND
CODE PROVISIONS, FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
39 November 16, 1995
3.5 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH A. FOSTER
HIGGINS & CO., INC. -- TO PROVIDE EXPERT ACTUARIAL ASSISTANCE FOR
PERIOD OCTOBER 1, 1995 - SEPTEMBER 30, 1.996 -- ALLOCATE $50,000 FROM
PENSION ADMINISTRATION TRUST FUND.
RESOLUTION NO. 95-789
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE FIRM OF A.
FOSTER HIGGINS & CO., INC., TO PROVIDE EXPERT ACTUARIAL
ASSISTANCE FOR THE PERIOD OF OCTOBER 1, 1995THROUGH
SEPTEMBER 30, 1996; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $50,000.00, FROM THE PENSION
ADMINISTRATION TRUST FUND FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.6 AUTHORIZE PROPER CITY OFFICIALS TO ACCEPT 5 DEEDS OF DEDICATION
FOR HIGHWAY PURPOSES.
RESOLUTION NO. 95-790
A RESOLUTION, WITH .ATTACHMENTS, AUTHORIZING THE
PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT FIVE (5)
DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND
APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.7 AMEND RESOLUTION 94-805 --CHANGE NAME OF LAW FIRM WITH WHICH
CRAIG J. FREGER IS ASSOCIATED FOR LEGAL REPRESENTATION OF
BENJAMIN BOYKIN, ET AL. v. CITY OF MIAMI, ET AL. (CASE NO. 88-2033-CIV-
KEHOE) FROM LASRIS, SAMUELS & FREGER TO CRAIG J. FREGER.
RESOLUTION NO. 95-791
A RESOLUTION AMENDING RESOLUTION NO. 94-805, ADOPTED
NOVEMBER 17, 1994, THEREBY CHANGING THE NAME OF THE
LAW FIRM WITH WHICH CRAIG J. FREGER IS ASSOCIATED
WITH FOR THE LEGAL REPRESENTATION OF BENJAMIN
BOYKIN, ET AL. V. CITY OF MIAMI, ET AL., CASE NO. 88-2033-
CIV-KEHOE, FROM LASRIS, SAMUELS & FREGER, P.A., TO
CRAIG J. FREGER, ATTORNEY AT LAW.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
40 November 16, 1995
3.8 RATIFY CITY ATTORNEY'S CONTINUED ENGAGEMENT OF LAW FIRM OF
EPSTEIN BECKER & GREEN TO SERVE AS COUNSEL ON BEHALF OF THE
CITY BEFORE U.S. BANKRUPTCY COURT, CENTRAL DISTRICT OF
CALIFORNIA (CASE NO. L,A-93-4.1-32-KL) -- FOR PROCEEDINGS IN
CONNECTION WITH BANKRUPTCY PETITION FILED BY SPECIAL
RESTAURANTS CORP. (OWNER OF THE RUSTY PELICAN RESTAURANT ON
VIRGINIA KEY) UNDER CHAPTER 11 (REORGANIZATION) -- ALLOCATE
$3,000 FROM SELF-INSURANCE AND INSURANCE TRUST FUND.
RESOLUTION NO. 95-792
A RESOLUTION RATIFYING THE CITY ATTORNEY'S
CONTINUED ENGAGEMENT OF THE LAW FIRM OF EPSTEIN
BECKER & GREEN, P.C., TO SERVE AS COUNSEL ON BEHALF OF
THE CITY OF MIAMI BEFORE THE UNITED STATES
BANKRUPTCY COURT, CENTRAL DISTRICT OF CALIFORNIA,
CASE NO. LA-93-41032-KL, FOR PROCEEDINGS IN CONNECTION
WITH THE BANKRUPTCY PETITION FILED BY SPECIALTY
RESTAURANTS CORP. (OWNER OF THE RUSTY PELICAN
RESTAURANT LOCATED ON VIRGINIA KEY), UNDER CHAPTER
11 (REORGANIZATION); ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $3,000.00, FROM THE CITY OF MIAMI
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.)
3.9 CLAIM SETTLEMENT: INTERAMERICAN CAR RENTAL, INC. ($65,000).
RESOLUTION NO. 95-793
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO INTERAMERICAN CAR RENTAL, INC. THE SUM OF
$65,000.00, WITHOUT ANY ADMISSION OF LIABILITY, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, IN THE CIRCUIT
COURT OF DADE COUNTY, CASE NO. 94-15534 (CA 15), UPON
THE EXECUTION OF A GENERAL RELEASING THE CITY OF
MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIA.MI
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE
NO. 620103-651.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
41
November 16, 1995
3.10 AUTHORIZE MIAMI POLICE DEPARTMENT TO SPEND $30,000 ON
CENTENNIAL CELEBRATION EXPENSES -- ALLOCATE FUNDS FROM LAW
ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 95-794
A RESOLUTION AUTHORIZING THE MIAMI POLICE
DEPARTMENT TO SPEND $30,000 ON CENTENNIAL
CELEBRATION EXPENSES, AND ALLOCATING SAID FUNDS
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO.
690001, INDEX CODE 029002-247, SUCH EXPENDITURES HAVING
BEEN APPROVED BY THE CHIEF OF POLIC._E AS COMPLYING
WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
-------------------------------------------------- -------------------------------------------------------------
4. (A) PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS --
CERTIFICATE OF APPRECIATION TO CARLOS MONTIEL FOR HIS
DEDICATION AND COMMITMENT TO THE COMMUNITY.
(B) VICE MAYOR PLUMMER DIRECTS MANAGER TO ASSIST MR.
MONTIEL, OF "KEEP MIAMI BEAUTIFUL," IN HIS EFFORTS TO
CLEAN UP LITTLE HAVANA.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: First item on the agenda...
Commissioner Gort: Mr. Mayor, I understand Mr. Carlos Montiel, who is to receive a certificate
of appreciation, is here now. I'd like to present it.
Mayor Clark: Carlos, are you present?
Vice Mayor Plummer: The what?
Commissioner Gort: Mr. Mayor, this certificate of appreciation is given to Carlos Montiel. And
what these individuals have done, they have gotten more than 300 volunteers, Nicaraguan
descendants, and they have worked in Little Havana for the last two months cleaning out our
parks, and painting the parks, and cleaning up the streets, and we'd like to give this certificate of
appreciation.
Vice Mayor Plummer: Wait. Willy, can I add to that? Because I had the opportunity, Mr.
Mayor, to go down and see the work that they were doing. Mr. Manager, they're not looking for
money. What they're looking for - and I think this City ought to go the extra mile - is paint,
brooms, mops, hammers, and nails, because they had down there at Jose Marti, when I was there,
like 60 volunteers to rake up the yard, to paint the buildings. They're not... They will not accept
money. I asked, "Is that what you're looking for, dollars?" They said, "No, we don't want to be
responsible for dollars. We need paint, and brushes, and things like that." And I would have...
Hopefully, the Manager would work with them to get them the materials that they need to do a
favor for us.
42 November 16, 1995
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Plummer: Come on guys. Why do you have to be so slow?
Commissioner Dawkins: J.L. Plummer is just trying to thank you for your votes, that's all.
----------------------------------------------------------------------------------------------------------------
5. BRIEFLY DISCUSS AND DEFER (TO NEXT COMMISSION MEETING)
PROPOSED RESOLUTIONS TO ELECT / REAPPOINT: (1) A. QUINN
JONES, II1, AS CITY ATTORNEY; (2) WALTER J. FOEMAN, AS CITY
CLERK; AND (C) MARIA J. ARGUDIN, AS ASSISTANT CITY CLERK.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: So from the looks of the board, we've already done items 2, 3, 4, and 5,
so, Mr. Mayor, we're at 6.
Mayor Clark: Item number 6 on the regular agenda.
Vice Mayor Plummer: Yes, sir.
Mr. Manuel Gonzalez-Goenaga: May I address the Commission?
Mayor Clark: Please. Can you give us a break for a moment to find out where we are?
Mr. Gonzalez-Goenaga: "Despasito se Ilega."
Mayor Clark: "Seguro."
Mr. Gonzalez-Goenaga: Yeah.
Commissioner Dawkins: Mr. Mayor and fellow Commissioners, as a point of special privilege,
I'd like to hold 6 and 7 and 7A untiI the next meeting.
Mayor Clark: You're asking to be deferred until the next meeting?
Commissioner Dawkins: Yes, sir, please.
Commissioner Carollo: I second that motion, Mr. Mayor.
Mayor Clark: With no exception, cast a unanimous ballot.
Commissioner Dawkins: Thank you. Thank you.
Mayor Clark: Thank you, sir.
43 November 16, 1995
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER CAROLLO, ITEMS 6, 7, AND 7A WERE
DEFERRED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Joe. Carollo
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
6. ELECT / APPOINT COMMISSIONER WIFREDO (WILLY) GORT AS VICE
MAYOR OF CITY OF MIAMI, TO SERVE ONE-YEAR TERM,
COMMENCING 12:00 NOON, DECEMBER 1, 1995.
-------------------,---------------------------------------------------------------------------------------------
Vice Mayor Plummer: Now we're at S. I'd like to, as Vice Mayor, Mr. Mayor...
Mayor Clark: Yes, sir.
Vice Mayor Plummer: I have the...
Mr. Manuel Gonzalez-Goenaga: I was forgotten.
Mayor Clark: Please, sir, please.
Vice Mayor Plummer: I have the honor and privilege of nominating Mr. Willy Gort as Vice
Mayor of the City of Miami for the coming year.
Mayor Clark: Second, and with no exception, cast a unanimous ballot, Mr. Clerk.
(APPLAUSE)
November 16, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-795
A RESOLUTION ELECTING AND APPOINTING COMMISSIONER WIFREDO
(WILLY) GORT AS VICE -MAYOR OF THE CITY OF MIAMI, FLORIDA, TO
SERVE A ONE-YEAR TERM, COMMENCING AT 12:00 NOON ON DECEMBER 1,
1995.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: All right. Now, you can speak.
Vice Mayor Plummer: I get elected, and lose my title. I don't know. Did I win?
Mr. Gonzalez-Goenaga: I am in favor of postponing what... It was deferred. Plus I sincerely
suggest that, also, the City Manager...
Vice Mayor Plummer: Manny, what are you... What item?
Mr. Gonzalez-Goenaga: Six, 7 and 8.
Vice Mayor Plummer: Oh, OK.
Mayor Clark: Sir, they have been deferred.
Mr. Gonzalez-Goenaga: Deferred. But it says in the working papers that the City Manager is
indefinite. Is he like Mr. Castro, in Cuba?
Mayor Clark: Mr. Gonzalez, I suggest that you become a member of this Commission, and then
you can dictate policy.
Mr. Gonzalez-Goenaga: Unfortunately, I lost.
Mayor Clark: I know you did. Well, try again.
Mr. Gonzalez-Goenaga: But I did want...
Mayor Clark: You know, Abraham Lincoln lost 19 times before he got elected. So don't...
45 November 16, 1995
W
Mr. Gonzalez-Goenaga: Don't worry. I will be "Estrella Marina" in my next election.
Mayor Clark: All right, please... Thank you very much for your comments.
Mr. Gonzalez-Goenaga: OK. Good luck.
------------------------------------------•----------------------------------------------------------------------
7. (A) WAIVE RESIDENCY REQUIREMENT FOR IGNACIO BUSTILLO --
APPOINT HIM TO SERVE ON THE INTERNATIONAL TRADE
BOARD (ITB).
(B) COMMISSIONER DAWKINS REQUESTS THAT NO FURTHER
MONIES SHOULD BE ALLOCATED TO THE ITB.
----------------------------------------------------------------------------------------------------------------
M
Mayor Clark: Individual board member of the Board. I have... Richard, who's that person?
i
Commissioner Dawkins: Mr. Mayor, please, a point of information.
Mayor Clark: Yes, sir.
Commissioner Dawkins: When the Mayor - Manager presented his budget, the Manager
specifically said there was no money for an International Trade Board.
Vice Mayor Plummer: No, that's not true.
Commissioner Dawkins: Now, what does that...
Mr. Cesar Odio (City Manager): Yes, I did.
i
Commissioner Dawkins: Is that it?
Vice Mayor Plummer: Oh, I'm sorry. Yes, from the beginning, yes. -
Commissioner Dawkins: Yes, that is. Yes, there is. Am I correct? I'm incorrect, J.L.?
Mayor Clark: You're correct, you're correct. He presented a budget, yeah.
Vice Mayor Plummer: You're correct. At the beginning... You're correct. Same as Gusman
Hall.
Commissioner Dawkins: All right. All right. So I said, "OK, let's abolish it, because we do not
have the money." Commissioner Plummer said, "I would like to go over there with the money
that they have on hand and two people, and do the International Trade Board." Is that a correct
statement?
Vice Mayor Plummer: What I said was that I wanted to go over there, and whatever savings I
could incur from the remaining balance of that year, to give to me, to try to put it on a private
funding basis; that if, in 12 months of this coming year, which we're in, we could not develop a
way of privately funding ITB (International Trade Board), it would, in fact, have a natural death.
Now, Mr. Dawkins, you were the one who thought that we should go down to two members.
And when I talked with you about the idea of the two members, we only violated that to the
46 November 16, 1995
extent... Well, two staff people. Well, we violated your... Your thing was.... We did have a
receptionist. So we had two working staff members.
Commissioner Dawkins: Mtn-hmm.
Vice Mayor Plummer: And I did... I can be guilty as charged for a receptionist.
Commissioner Carollo: This is for the International Trade Board.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: That is correct, sir.
Commissioner Carollo: By the way, do we owe Mila any money?
Vice Mayor Plummer: No. I think it's in reverse, Joe.
Commissioner Carollo: OK. So it's...
Vice Mayor Plummer: Mila owes the City of Miami quite a bit, but we're not going to... You
know, that's up to the State Attorney's Office at this point.
Commissioner Carollo: Well, that's... I just wondered what had happened with all that there.
Mr. Cesar Odio (City Manager): We're still finding traces around town.
Commissioner Carollo: Who are the two staff members that we have left in there?
Vice Mayor Plummer: Manny Gonzalez.
Commissioner Carollo: Manny.
Mr. Odio: But let me say this. They are not City employees. They are consultants, right?
Vice Mayor Plummer: Oh, they're on individual contract, Joe. They're not City employees.
Manny Gonzalez is my CEO (Chief Executive Officer) and...
Commissioner Carollo: They're still kept like...
Commissioner Dawkins: Which is semantics, because the City of Miami provides the consultant
money. They are employees. Go right ahead.
Vice Mayor Plummer: OK. But I mean... Yeah.
Commissioner Dawkins: I mean, let's give the Commissioner a true picture.
Vice Mayor Plummer: But they don't have civil service.
Commissioner Carollo: No.
Vice Mayor Plummer: OK. They don't have...
Commissioner Gort: Yes and no. But, you know, we do save monies there.
47 November 16, 1995
W
Vice Mayor Plummer: Oh, no question. No question.
Mayor Clark: There's a lot of money missing and...
Vice Mayor Plummer: And I'm sorry, that I apologize for the new member of the Board, but we
got him as a student right out of the University of Miami, and we dropped it down from about
forty-five, forty-six thousand a year down to twenty-three for the first year. And those are the
two, Mr. Dawkins.
Commissioner Dawkins: And this is... OK. And that's all we have.
Mayor Clark: Yes, sir.
Commissioner Dawkins: OK.
Vice Mayor Plummer: Those two and a receptionist, yes, sir.
Commissioner Dawkins: That's three people, employees.
Vice Mayor Plummer: Yes.
Commissioner Dawkins: No problem. I move the Mayor's appointee.
Mayor Clark: My appointee is Ignacio Bustillo, and he needs four -fifths vote because he doesn't
meet the residency requirements.
Commissioner Carollo: I second that motion, Mr. Mayor.
Mayor Clark: Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-796
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE INTERNATIONAL TRADE BOARD FOR THE REMAINDER OF AN
UNEXPIRED TERM AS DESIGNATED HEREIN AND WAIVING THE RESIDENCY
REQUIREMENTS FOR SAID APPOINTMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
r8 November 16, 1995
W
Mayor Clark: Item number 10, appoint individual regular member of the Planning Advisory
Board. Mr. Gort, your appointment.
Commissioner Gott: I'll pass.
NOTE FOR THE RECORD: At this point, agenda item 10 was
deferred.
------------------------------ ---------------------------------------------------------------------------
8. WAIVE RESIDENCY REQUIREMENT FOR DAVID WOLFBERG --
APPOINT HIM TO SERVE ON THE URBAN DEVELOPMENT REVIEW
BOARD.
Mayor Clark: Item number 11, appoint individual member of the Urban Development Review
Board for the remainder of unexpired terms of office as designated herein. I offer, as my
nomination, I offer David Woltberg.
Commissioner Dawkins: So move.
Commissioner Carollo: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-797
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
�ti✓ URBAN DEVELOPMENT REVIEW BOARD FOR THE REMAINDER OF
UNEXPIRED TERMS OF OFFICE AS DESIGNATED HEREIN AND WAIVING THE
RESIDENCY REQUIREMENTS FOR SAID APPOINTMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gott
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
49 November 16, 1995
-----------------------------.---•--------------------------------------------------------------------------------
9. DISCUSS AND DEFER PROPOSED RESOLUTION TO APPOINT AN
INDIVIDUAL TO SERVE ON THE ZONING BOARD.
---------------------------••----------------------------------------..--------------------------------------------
Mayor Clark: Item number 12 is a... Certain individuals as members of the Zoning Hoard.
Vice Mayor Plummer: Are you going to make yours or are you going to pass?
Mayor Clark: Your appointee, Mr. Plummer?
Vice Mayor Plummer: Huh?
Commissioner Gort: I'll pass. Pass to the next one.
Vice Mayor Plummer: All right, we're going to pass.
Commissioner Dawkins: All of us, we pass.
Mayor Clark: All right. Item number 12...
Commissioner Carollo: Excuse me. On number 12, you all are passing on number 12?
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Yes. No, we're passing it for the next... We're deferring it.
Vice Mayor Plummer: Till the next meeting.
Commissioner Carollo: For the next meeting.
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: Yes. We're deferring it, yes.
Mayor Clark: Yes, sir.
Commissioner Dawkins: We're deferring till the next meeting.
Commissioner Carollo: Are you sure you all want to pass it for the next meeting?
Commissioner Dawkins: Yes.
Mayor Clark: Yeah.
Commissioner Carollo: All right.
Vice Mayor Plummer: We've been doing it.
50 November 16, 1995
NOTE FOR THE RECORD: At this point, agenda item 12 was
deferred until the City Commission meeting of December 7, 1995.
i
r
i
------------------------. I ---------------------------------------- ----------------------------------------------
10. APPOINT MICHAEL SAMUELS TO SERVE ON THE COCONUT GROVE
PARKING ADVISORY COMMITTEE.
----------------------------------------------------------------------------------------------------------------
i
Mayor Clark: Item number 13, individual member of the Coconut Grove Advisory Board.
Commissioner Dawkins: This is up to you.
Mayor Clark: Mr. Michael Samuels. Is there a motion on Mr. Samuels?
Vice Mayor Plummer: I'll move it because we gave them the right to name someone, and they
have.
Mayor Clark: Is there a second? Is there a second?
Vice Mayor Plummer: Unless you change the ordinance, you got to... it's automatic, Mr. Mayor.
Commissioner Gort: Second.
Mayor Clark: Any exception? Hearing none, cast a unanimous ballot.
4
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-798
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
i
(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 Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
51 November 16, 1995
r
0
Mayor Clark: Item 14.
Vice Mayor Plummer: Well, somebody is going to have to call Mr. De Yurre to ask his opinion.
Mayor Clark: You want to hold up on this, Joe? Joe, you want to hold up on that?
Commissioner Dawkins: Joe, hold it till the next meeting, Joe.
Mayor Clark: That's your appointment.
Commissioner Carollo: What's that, now?
Vice Mayor Plummer: Would you call Mr. De Yurre and get his opinion, please?
Commissioner Carollo: On what?
Vice Mayor Plummer: On item 14.
Commissioner Dawkins: This is his appointment, but it's yours now. So you have to wait and
choose somebody...
Mayor Clark: You want to hold up on it, Joe?
Commissioner Dawkins: He'll wait and choose somebody at the next meeting.
Commissioner Carollo: Uh-huh, yeah. I have to wait for the next meeting, J.L.
Vice Mayor Plummer: So you pass.
Commissioner Dawkins: Pass until the next meeting.
NOTE FOR THE RECORD: At this point, agenda item 14 was
deferred until the Ciiy Commission meeting of December 7, 1995.
Mayor Clark: A resolution... Fifteen, nominate an individual to serve as a member of the Latin
Quarter Review Board. Mr. Dawkins.
Commissioner Dawkins: I'll check with my godfather, Luis Sabines, and get one name for next
meeting.
Mayor Clark: All right, fine. Reserve that till next meeting, Mr. Clerk.
Commissioner Dawkins: Yes, sir, please.
NOTE FOR THE RECORD: At this point, agenda item 15 was
deferred until the next City Commission meeting.
52
November 16, 1995
-------------------------------------- ---------- ----------------------------------------------------------------
11. APPOINT BIJAN NAKHJAVAN TO SERVE ON THE WATERFRONT
ADVISORY BOARD.
------------------------------------------------------------------------------------------------------------------
Mayor Clark: Appointing certain individuals... Appointing certain individuals as members of
the Waterfront Board. Mr. Dawkins...
Vice Mayor Plummer: I'll pass on mine.
Commissioner Dawkins: Mr. Bijan has asked to be reappointed. I reappoint Bijan.
Mayor Clark: All right. Mr. Plummer... All those in favor, signify by saying "aye."
The Commission Collectively: Aye.
Mayor Clark: Opposed, like sign. So ordered.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-799
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR THE REMAINDER
OF UNEXPIRED TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
53 November 16, 1995
-- -------------------------------------------------------------------------------------------------------------
1.2. CONFIRM APPOINTMENT OF JOHN NIGRO AS LIUNA
REPRESENTATIVE ON THE GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' (GESE) RETIREMENT TRUST.
--------------------------------------- -------------------------------------------------------------------------
Mayor Clark: Confirming the appointment of an individual as member of the City of Miami
General Employees and Sanitation...
Vice Mayor Plummer: Move it, John...
Commissioner Carollo: Second.
Vice Mayor Plummer: ... Nigro.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk. It's been moved and seconded.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-800
A RESOLUTION CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A
MEMBER OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST TO SERVE A TERM OF OFFICE AS HEREIN
SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
November 16, 1995
i
Ao)
------------------------- ---------------------------------------------------------------------------------------
13. REAPPOINTRONALD THOMPKINS (AS LIUNA REPRESENTATIVE) ON
THE BOARD OF TRUSTEES OF THE GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' (GESE) RETIREMENT TRUST.
Mayor Clark: On item number 18.
Vice Mayor Plummer: Ronald Thompkins. I move it.
Commissioner Carollo: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-801
A RESOLUTION REAPPOINTING A CERTAIN INDIVIDUAL TO SERVE AS A
MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A
TERM OF OFFICE AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
14. REAPPOINT / CONFIRM REAPPOINTMENT OF HECTOR SERRANO AND
WILLIAM J. RABUN (AFSCME), RESPECTIVELY, TO SERVE ON THE
BOARD OF TRUSTEES OF THE GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST.
Mayor Clark: Appointing a certain member... Number 19.
Vice Mayor Plummer: Hector Serrano. I move it.
Commissioner Gort: Second.
55 November 16, 1995
Mayor Clark: Cast a unanimous ballot. On the sanitation part.
Vice Mayor Plummer: AFSCME (American Federation of State, County and Municipal
Employees), William J. Rabun, I move it.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-802
A RESOLUTION REAPPOINTING A CERTAIN INDIVIDUAL AND CONFIRMING
THE REAPPOINTMENT OF A CERTAIN INDIVIDUAL AS MEMBERS OF THE
BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL. EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM OF OFFICE AS
HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Vice Mayor Plummer: Let the record reflect that all of the previous ones designated by the
unions have those rights under contractual arrangements with this Commission, and as far as
we're concerned, are basically automatic.
----------------------------------------------------------------------------------------------------------------
15. BRIEFLY DISCUSS AND TABLE CONSIDERATION OF THE KNIGHT
MANOR HOMES PROJECT. (See label 19)
Mayor Clark: Number 20. You have the floor, Mr. Dawkins, and your motion pertaining to
Knight Manor.
Commissioner Dawkins: The gentlemen from Knight Manor, do they have the drawings?
Mayor Clark: Are they present?
56 November 16, 1995
Commissioner Dawkins: I'm trying to see now, Mr. Mayor. If not... Do you guys have the
renderings?
Unidentified Speaker: No, Commissioner.
Commissioner Dawkins: OK. Defer it until the next meeting.
Mayor Clark: Item to defer Mr.... Cast a unanimous ballot, Mr. Clerk.
(VOTE FOR THE RECORD: At this point, agenda item 20 was
deferred until the next City Commission meeting.
----------------------------------------------------------------------------------------------------------------
16. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
ENGAGEMENT OF JOHNSON CONTROLS, INC. TO PROVIDE
PREVENTIVE MAINTENANCE / REPAIR SERVICES FOR EXISTING
JOHNSON CONTROLS MCTASYS BUILDING MANAGEMENT SYSTEM
(AT 400 SW 2 AVENUE) -- ALLOCATE $14,400 (FIRST YEAR) -- EXECUTE
PROFESSIONAL SERVICES AGREEMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 22, ratifying, approving and confirming the City Manager's finding of sole
source.
Vice Mayor Plummer: Move it.
Mayor Clark: Moved by Mr. Plummer. Is there a second? Mr. Gort?
Commissioner Gort: Second.
Mayor Clark: No exception. Cast a unanimous ballot.
57
November 16, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-803
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 FINDING OF SOLE SOURCE, WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND APPROVING THE ENGAGEMENT OF
JOHNSON CONTROLS, INC., 200 OAKWOOD LAND, HOLLYWOOD, FLORIDA,
ON A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR, RENEWABLE
ANNUALLY, SUBJECT TO AN ANNUAL FINDING OF SOLE SOURCE BY THE
CHIEF PROCUREMENT OFFICER, AND CONFIRMED BY THE CITY MANAGER,
TO PROVIDE PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR THE
EXISTING JOHNSON CONTROLS METASYS TM BUILDING MANAGEMENT
SYSTEM AT THE CITY -OWNED BUILDING LOCATED AT 400 SOUTHWEST 2
AVENUE, MIAMI, FLORIDA, AT A PROPOSED FIRST YEAR COST OF $14,400;
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN A FORM ACCEPTABLE WITH THE CITY
ATTORNEY, WITH JOHNSON CONTROLS, INC. FOR THIS PURPOSE;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 921135-772;
FURTHER AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-----------------------------------------------------------------------------------------------------------
17. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
ACQUISITION OF 8 MEDICAL BACK PACKS FROM Q-SYSTEMS
INTERNATIONAL FOR FIRE -RESCUE DEPARTMENT -- ALLOCATE
$5,440 FROM CIP 313825,
Mayor Clark: On item 23, approving and confirming sole source.
Commissioner Gort: Move it.
Mayor Clark: Moved by Mr. Gort.
58
November 16, 1995
W
Vice Mayor Plummer: Second.
Mayor Clark: Seconded by Mr. Plummer. Any discussion? Hearing none, cast a unanimous
ballot, Mr. Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-804
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 FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVING THE ACQUISITION OF FIGHT (8) MEDICAL,
BACK PACKS FROM Q-SYSTEMS INTERNATIONAL, THE SOLE. SOURCE
PROVIDER FOR THIS EQUIPMENT, AT A PROPOSED COST OF $5,440.00 FOR
THE DEPARTMENT OF FIRE -RESCUE; At -LOCATING FUNDS THEREFOR
FROM THE SOUTH FLORIDA URBAN SEARCH AND RESCUE TASK FORCE
ACQUISITION FUND, CAPITAL, IMPROVEMENT PROJECT NO. 31382.5,
ACCOUNT CODE NUMBER 802801-840; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
18. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE
REQUIREMENT FOR COMPETITIVE SEALED BIDS -- APPROVE
ENGAGEMENT OF MOTOROLA, INC. FOR RELOCATION OF THE CITY'S
800 MHz SMARTNET TRUNKED COMMUNICATIONS SYSTEM FOR
DEPARTMENT OF GENERAL SERVICES / COMMUNICATIONS
DIVISION -- ALLOCATE $518,160 FROM CIP 311018.
Mayor Clark: Number 24.
Vice Mayor Plummer: Mr. Mayor, I'm going to move this, but I want to tell you something.
I'm not happy. Uh, I... I have to go on the record and explain that I am not happy with the
59 November 16, 1995
company of Motorola. They are not the company, in my opinion, that they used to be. They're
not performing like they used to, and I'm telling the City Manager, for this one vote, that in the
future, don't come back to me telling me Motorola is a sole source anymore, because these
people are just not doing what this City expects them to do.
Mayor Clark: Is there a second?
Vice Mayor Plummer: In this particular case, we have no choice, because they are a sole source,
so I move item 24.
Commissioner Gort: I second.
Mayor Clark: Second.
Commissioner Dawkins: OK. I'm... You know... Mr. Mayor, may I, please?
Mayor Clark: Smile and be happy.
Commissioner Dawkins: All right. I've been here 16 years, and I've heard that same speech
from Commissioner Plummer, "I am dissatisfied with Motorola, they are the sole source, but I
have to go along with it." So he's been here 25 years, and that's the only one he can find. I
guess I have to go along with it, too, Mr. Mayor.
Vice Mayor Plummer: Well...
Commissioner Dawkins: I second the motion, Mr. Mayor.
Mayor Clark: It's been seconded.
Vice Mayor Plummer: Mr. Dawkins, let me say this to you. You know, I can remember the
days when Motorola would come in here, and if something wasn't right, they'd make it right -
the integrity of their company. Today, when something happens and it isn't right, they come in,
and they charge you for what their mistakes were. I don't think that we have to look too far to
see the "boondoggle." that has occurred in the State of Florida because of what has happened. It
is absolutely, first and foremost, dangerous to the people that are having to use that system, and
it is dangerous to us, the taxpayers, who are having to try to pay for that complete goof -up. So
these are the kind of things that I think that we need to seriously look, Mr. Manager, that in the
future, there's other companies out there.
Commissioner Dawkins: So you're saying this is the last one we will vote for like this, me and
you.
Vice Mayor Plummer: As sole source.
Commissioner Dawkins: OK, thank you. All right.
Mayor Clark: Cast a unanimous ballot, if there's no other objection, Mr. Clerk.
60 November 16, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-80.5
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 FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVING T14E ENGAGEMENT OF MOTOROLA, INC.,
FOR THE RELOCATION OF THE CITY'S 800 MHz SMARTNET TRUNKED
COMMUNICATIONS SYSTEM, AT A PROPOSED COST OF $518,160, FOR THE
DEPARTMENT OF GENERAL SERVICES/COMMUNICATIONS DIVISION;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, ACCOUNT CODE NO. 429402-340-311018; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
19. (Continued) DISCUSSION CONCERNING KNIGHT MANOR HOMES
PROJECT -- REQUEST T. WILLARD FAIR TO BRING PROPOSED
CONTRACT FOR THE PROJECT TO NEXT COMMISSION MEETING. (See
label 15)
Commissioner Dawkins: Mr. Mayor, a point of special privilege.
Mayor. Clark: Yes, sir.
Commissioner Dawkins: I've been asked to reconsider 20.
Mayor Clark: Item 20?
Commissioner Dawkins: Twenty, mm-hmm.
Vice Mayor Plummer: That's the Knight Manor project?
61 November 16, 1995
W
Commissioner Dawkins: Yeah, mm-hmm.
Vice Mayor Plummer: Mr. Dawkins, I'll... I'll second the reconsideration.
Commissioner Dawkins: OK.
Mayor Clark: All right. Cast a unanimous ballot for reconsideration.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-806
A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA ITEM 20
(DISCUSSION REGARDING RESOLUTION 95-648 "KNIGHT MANOR HOMES
PROJECT").
Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Dawkins: Wait. Come on now. Mr. Fair, at the next meeting, in order to get
these out of the ground, I'd like for you and the people to meet with each Commissioner. Show
them the drawings. Answer any questions that they might have, because, Mr. Fair just pointed
out to me that we've been doing this so long until the people in the community are beginning to
doubt our sincerity. They haven't seen anything come out of the ground yet.
Mayor Clark: All right. That's good enough.
Commissioner Dawkins: And he says he wants this... We want this to come out of the ground.
So at the next meeting, come back with a signed contract, show us the drawings, and tell us
you're ready to go.
Mr. T. Willard Fair: Yes, sir.
Vice Mayor Plummer: Mr. Fair, I still hope that... I was hopeful to see the drawings this
morning. I'm not adamant, but I would hope that my suggestion would be incorporated, rather
than having one-story structures with no green area to speak of, that you would consider that
townhouse two-story structure, so that people will have open air space to enjoy a living. So I
just hope that's the case. God knows, we're taking, Mr. Manager, all kinds of heat from St.
Hugh Oaks. As I drive by there every day, I'm more embarrassed, more embarrassed. Mr. Fair,
proceed.
Mr. Fair: T. Willard Fair, President and Chief Executive Officer of the Urban League of Greater
Miami. We have the drawings already in place. We visited each Commissioner...
62 November 16, 1995
Mayor Clark: I saw them.
Mr. Fair: ... laid out the drawings, took their considerations at hand, have redesigned those
drawings to accommodate the concerns raised by each Commissioner, and we think that the final
drawings will meet everybody's approval.
Commissioner Dawkins: OK. Would you show them to the newly elected Commissioner, since
he has not seen them.
Mr. Fair: Who is that?
Mayor Clark: Thank you, Mr. Fair.
Commissioner Carollo: Mr. Fair, let me say that I have the utmost confidence in your judgment,
and let's get this one finished so we can start the next one.
Mr. Fair: Thank you, Mr. Commissioner, and congratulations.
Commissioner Carollo: Thank you.
Mayor Clark: Thank you.
-------------------------------------------------- -------------------------------------- ------------------------
20. DISCUSSION CONCERNING PROPOSED RESOLUTION TO WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE
ENGAGEMENT OF ELLIS TOWER COMPANY, INC. FOR EMERGENCY
RELOCATION OF CITY'S 800 MHz ANTENNAS / CONSTRUCTION OF
NEW TOWER. (See label 56)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 25, waiving requirements for relocation of City's 800 megahertz of antennas.
Commissioner Dawkins: Move... This is one of the Mayor's pet - I mean the Manager's pet
projects. Move it.
Commissioner Gort: We moved it already and passed it.
Mayor Clark: All right. Item 26 has been withdrawn.
NOTE FOR THE RECORD: At this point, agenda item 26 was
withdrawn.
63
November 16, 1995
----------------------------------------------------------------------------------------------------------------
21. RENAME SOUTH BAYSHORE DRIVE FROM SE 8 TO 14 STREETS:
SOUTHEAST BRICKELL BAYSHORE DRIVE.
Mayor Clark: Twenty-seven, renaming South Bayshore Drive. Is there a motion?
Commissioner Gort: Move it.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot, if there's no exception.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 95-807
A MOTION RENAMING SOUTH BAYSHORE DRIVE (FROM S.E. 8 STREET TO
S.E. 14 STREET) AS SOUTHEAST BRICKELL BAYSHORE DRIVE.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
22. AUTHORIZE INCREASE IN CONTRACT WITH CONE CONSTRUCTORS,
INC. OF $76,000 -- FOR DINNER KEY MARINA RESTORATION PHASE 2 -
PIERS & BAYWALK, PROJECT H-1008 -- ALLOCATE FUNDS (CIP
414503).
--------------------------------------------------------------------------------
Mayor Clark: Item number 28.
Commissioner Dawkins: I guess we have to move it. They have already paid. I sec... I move it.
Mr. Cesar Odio (City Manager): "Esta aprendiendo, Gort."
Mayor Clark: Is there a second?
Commissioner Dawkins: Yes.
64 November 16, 1995
Commissioner Gort: Second.
Mayor Clark: If there's no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-808
A RESOLUTION AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO
EXCEED $76,000.00, IN THE CONTRACT BETWEEN THE CITY OF MIAMI,
FLORIDA, AND CONE CONSTRUCTORS, INC., DATED JUNE 2, 1993, FROM
$3,229,889.02 TO $3,305,899.02, FOR DINNER KEY MARINA RESTORATION,
PHASE 1I - PIERS AND BAYWALK, PROJECT H-10008; ALLOCATING FUNDS
THEREFOR FROM DINNER KEY MARINA REVENUE ACCOUNT NO. 41000,
CAPITAL IMPROVEMENT PROJECT NO. 414503.
(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 Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
23. PERSONAL APPEARANCE: MS. CHRISTINE PONDER, COORDINATOR,
BLACK HARD OF HEARING CITIZENS OF MIAMI.
Mayor Clark: Item number 29.
Commissioner Dawkins: Twenty-nine. Where is Mrs. Ponder?
Mr. Cesar Odio (City Manager): Mrs. Ponder.
Mayor Clark: Please come forward.
Commissioner Dawkins: Mr. Mayor and fellow Commissioners, I'd like to take the liberty of
scheduling this as a regularly scheduled item, Mr. Manager. We have... And would you have
your people stand, please.
Ms. Christine Ponder: All of us...
65
November 16, 1995
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Commissioner Dawkins: These are a group of deaf black individuals who are not getting the
service that the Department of Deaf Services is supposed to be administering. So I... She came
to me the other day. I didn't even know. Will you tell... Let them sit down, please. Will you
tell this Commission some of the things that are needed, that money is being provided for, and
we are not receiving. Would you tell them that, please. Pull the mike to you, and give your
name and address, please. And don't... And look, I told you the other day, don't be excited
about this.
Ms. Ponder: OK. My name is Christine Ponder, but I think one of the deaf people would be
more inclined to talk for themselves than me.
Commissioner Dawkins: OK. Please the chosen... Tell the spokesperson to come up.
Ms. Ponder: All right. Stacy, come up.
Commissioner Dawkins: Give us his name, address.
Mr. Stacy Stringer: My name is Stacy, S-T-A-C-Y.
Commissioner Dawkins: Come closer to the mike.
Mr. Stringer: My name is Stacy, S-T-A-C-Y. And the last name is Stringer, S-T-R-I-N-G-E-R.
And my address is 7131 Northeast Miami Court. That's Miami, Florida, 33138.
Commissioner Dawkins: OK. Tell him to tell us the problem, now.
Mr. Stringer: I'm the vice president of the Black Hard of Hearing Citizens of Miami, and we
kind of established our own group in the black community, because we're not getting no service
from DSB (Deaf Services Bureau), because it's not supporting us, and we're not getting all the
accorded service from them. We should have jobs, and employment, and interpreter. And DSB
is a non-profit organization.
Commissioner Dawkins: OK. The reason I would like for this to come back, I would take Joe,
since he's new, and we're going to find out what DSB is, where it's funded from, because I don't
know, fellow Commissioners, whether they get the money from HRS. I'm told that it's the
Health Trust that's supposed to give it to them, but whatever is supposed to be funding this
organization, they're not receiving that that it's receiving. Now, they sent them to us, as usual,
but we're going to backfire on them, Willy. We're going to assist... And they told us to find a
building. We're not going to find a building. This Commission is going to help identify funds,
and the Miami -Dade Community College will provide a classroom somewhere. It's a
community college, and it's their responsibility to help meet some of these needs in the
community. And I don't think we'll have a problem with it. So Commissioner Carollo just got
here. He doesn't have a business, he's rich, he's got a lot of time to donate. The rest of us have
to work for a living. So we will... But all jokes aside, Commissioner Carollo will be the one
spearheading this, and the rest of us will assist him.
Mayor Clark: Joe, that's your friend.
Commissioner Carollo: Thank you.
Mayor Clark: All right.
Commissioner Dawkins: So we will schedule for a regular item - hearing next time, and we will
have everybody from HRS, DSB, Miami -Dade. Everybody who can help us meet this need will
be in here.
66 November 16, 1995
9
2-
Mayor Clark: Very good.
Commissioner Carollo: Do we have a figure, an amount that you need to get started in this, a
dollar amount?
Ms. Ponder: At the present time, we don't have dollar figures, but we do know what will be
needed to start the...
Mayor Clark: If you can come up with that at the meeting, it would be very...
Commissioner Dawkins: But tell him... Tell him some of the things you told me you needed,
because that's what he's asking.
Ms. Ponder: OK. Number one, they would need two TDD's, which is a telecommunication that
they type. They'll need a fax machine. They'll need a TV with a decoder built in. They will
need a computer. They need desks, and... Well, I say - would say office furniture that they
would need.
Commissioner Dawkins: And an office.
Ms. Ponder: And an office, yes.
Commissioner Dawkins: OK.
Mayor Clark: Very good.
Ms. Ponder: And the staff would be...
Mayor Clark: Very worthwhile.
Ms. Ponder: ... including the vice president, the president, a secretary, a receptionist.
Commissioner Dawkins: Oh, by the... OK, thank you.
Ms. Ponder: OK.
Commissioner Dawkins: And PIC (Private Industry Council), too. PIC has to come into this,
because we've got to have employment, too.
Commissioner Carollo: If you can, try to get some numbers on some of the equipment that you
need, so at least we can have somewhat of an idea of how much money we have to get for you.
Ms. Ponder: OK. Commissioner Carollo, we have several books that supplies the decoders and
things like that.
Commissioner Carollo: Right, but that's what I'm saying. But if you could put that, the whole
amount together for us...
Ms. Ponder: Mm-hmm.
Commissioner Carollo: ... so that we could have an idea of what we need to raise.
Ms. Ponder: OK.
67
November 16, 1995
Commissioner Carollo: OK? And please call my office as soon as you can with this, so we can
meet and discuss it.
Commissioner Dawkins: Give her the number, Mr. Commissioner.
Commissioner Carollo: If I knew the number, I would give it to her, but I'm sure if you call the
main board here, they'll connect you to me.
Ms. Ponder: OK.
Mayor Clark: Thank you, Ms. Ponder.
Ms. Ponder: OK. And thank you very much.
Commissioner Gort: Mr. Mayor.
Commissioner Dawkins: And thank everybody for coming.
Commissioner Carollo: Surely. If not, here, take this number down, and you could call me at
home. 854-6788.
Ms. Ponder: 854-6788.
Commissioner Dawkins: And that guy walking behind you. Get this guy here, because, see, he
can help with the employment. Get him. He's a union man, get him.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Joe, for your information, my understanding is we're going to have a lot of
furniture and a lot of stuff that we could probably tap.
Commissioner Carollo: Right. That's why I was asking that - to see what we need to get, Willy.
And that's one area that I think you could help me with. CAMACOL and Luis Sabines, they've
always pitched in on something like this.
----------------------------------------------------------------------------------------------------------------
24. AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH
NATIONAL MARINE MANUFACTURERS ASSOCIATION FOR
TEMPORARY USE OF WATSON ISLAND TO STAGE MIAMI
INTERNATIONAL SAILBOAT SHOW (FEBRUARY 15-21, 1996).
Mayor Clark: Item number 30, representatives of the Miami Outboard Club. The Miami Yacht
Club? OK. Miami Yacht Club.
Mr. Angel Canete: Good morning, Mayor, Commission.
Mayor Clark: Your name for the record.
f
November 16, 1995
Mr. Canete: My name is Angel Canete...
Commissioner Dawkins: Pull the mike up, Angel.
Mr. Canete: ... Commodore Miami Yacht Club. We would like to enter into a lease, temporarily
for... temporary consideration for using; our club, in conjunction with NMMA (National Marine
Manufacturers Association) for the sailboat show, and we want to come in front of the
Commissioners to allow us to do that.
Mayor Clark: Do you have your insurance? It says you defaulted because of lack of insurance.
Mr. Canete: No, no, Mayor. We do have the insurance in place. It's the new insurance for the
docks, which we are negotiating right now on.
Mayor Clark: All right.
Vice Mayor Plummer: Are you doing this for a source of revenue?
Mr. Canete: Well, yes. In consideration, we're going to receive thirty-five thousand dollars
($35,000), and that's going to go towards a leasehold improvement, and also to defer some of the
expenses we have for running the show.
Mayor Clark: Report from the City? Do they lack insurance or not?
Mr. Eduardo Rodriguez: They don't have insurance on the docks, sir, and they have a lease that
we know one month is delinquent - October - on the rent.
Unidentified Speaker: That's not the issue here.
Vice Mayor Plummer: No, but the issue is, is that if we have to approve them, allowing
approval...
Mr. Rodriguez: Yes, we have to.
Vice Mayor Plummer: ... approve allowing them to Iease out, we are then involved. And
without the necessary insurance coverage, I would not be comfortable. I don't think you should
be comfortable, if you were to be sued.
Commissioner Gort: You're liable.
Mr. Canete: Well, we presently do have insurance on the property. It's the additional insurance
on the new docks that we're negotiating with the underwriters right now.
Vice Mayor Plummer: Yeah, but are you going to have that in place before you rent it out?
Commissioner Gort: I think it's subject to that.
Mr. Canete: We hope to have it in place.
Mr. Cesar Odio (City Manager): But you're not going to...
Mr. Rodriguez: It's subject - subject to.
Mr. Odio: Excuse me. You're not going to have park... This is for parking. This has nothing to
do with the docks. So I don't know why we're getting into the docks.
69 November 16, 1995
Vice Mayor Plummer: No, no, no, no. No, this is a different...
Mr. Odio: It's for the use of docks?
Vice Mayor Plummer: Yes.
Mr. Odio: Then they have to.
Vice Mayor Plummer: And how long a period of time?
Mr. Canete: For 30 days.
Vice Mayor Plummer: I would move it, Mr. Mayor, subject to them providing the normal
request of the City's indemnification by an insurance policy five days prior to the event taking
place. In lieu of no insurance, it is then denied.
Commissioner Carollo: I will second that for the purpose of discussion.
Mayor Clark: All right, discuss it.
Commissioner Carollo: What is the minimum required that we are presently asking for
insurance?
Ms. Lori Lutes: They do have liability insurance on the docks at this time. It's the property
insurance that they are trying to get quotes for. It will be for a replacement cost value.
Commissioner Carollo: OK, a replacement cost value.
Ms. Lutes: Yes.
Vice Mayor Plummer: No, no...
Commissioner Carollo: And the liability insurance that they have is...
Ms. Lutes: That is in place today.
Commissioner Carollo: For how much?
Ms. Lutes: A million.
Commissioner Carollo: A million. Do you have the additional umbrella policies? Do you have
the million, or is that included in the umbrella policies?
Mr. Canete: Yes, yes, we do, sir.
Ms. Lutes: And the boat show will be required to provide its own liability insurance, listing the
City as additional insured, also.
Commissioner Carollo: Very good. Thank you.
Vice Mayor Plummer: Well, I would hope that there would be written into the contract that
there will be no coming back at the City for any lia... any of the neglect. That if they're...
They're the ones that put in the docks.
70 November 16, 1995
Mayor Clark: All right. Further discussion?
Commissioner Carollo: Mr. Jones, you will be responsible to make sure we are protected; isn't
that right?
Vice Mayor Plummer: Oh, oh, they better.
Commissioner Carollo: Thank you. I second it.
Mayor Clark: All right. Call the roll, Mr. Clerk.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-809
A RESOLUTION AUTHORIZING THE MIAMI YACHT CLUB TO ENTER INTO AN
AGREEMENT WITH NATIONAL MARINE MANUFACTURERS ASSOCIATION
(NMMA) FOR USE BY NMMA OF CITY -OWNED PROPERTY ON WATSON
ISLAND PRESENTLY USED AND OCCUPIED BY THE MIAMI YACHT CLUB
UNDER A MONTH -TO -MONTH TENANCY FOR THE STAGING OF THE MIAMI
INTERNATIONAL SAILBOAT SHOW SCHEDULED FOR FEBRUARY 15-21, 1996,
CONDITIONED UPON THE MIAMI YACHT CLUB PROVIDING INSURANCE IN
THE AMOUNTS AND TYPE REQUIRED BY THE CITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Clark: Item number 31. Thank you.
Mr. Odio: It's been withdrawn.
Mayor Clark: Thirty-one?
Mr. Odio: Yes, sir.
Vice Mayor Plummer: OK.
Mayor Clark: Thirty -one -A has.
Mr. Odio: Thirty-one also, Mr. Mayor.
November 16, 1995
Vice Mayor Plummer: Thirty-one is also, Mr. Mayor.
Mayor Clark: All right.
NOTE FOR THE RECORD: At this point, agenda item 31 was
wit i rawn. Also, interests parties were not present when a non -
agenda item concerning the Pharmacists' Association was called.
Mayor Clark: Item 32.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Could I ask a favor of you, since two of these have been withdrawn? We
have a problem of a small business issue about the pharmacists that we have within the City of
Miami, and we have somebody here that represents them that would like to make a presentation
to us.
Mayor Clark: On this item?
Commissioner Gort: No. On the... This is the Florida Independent Pharmacies Association,
Inc., which is composed of quite a few of them.
Vice Mayor Plummer: Why don't we get finished with the agenda?
Commissioner Gort: You want to wait until the end?
Vice Mayor Plummer: Yeah, there's...
Commissioner Gort: OK, we'll wait until the end.
Vice Mayor Plummer: Let's get through with the agenda. I think the way we're...
----------------------------------------------------------------------------------------------------------------
25. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: REFUGEE COMMUNITY STRENGTHENING PROGRAM (FY '96) --
APPROPRIATE $220,000 -- AUTHORIZE MANAGER TO ACCEPT GRANT
FROM U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES AND
EXECUTE NECESSARY AGREEMENTS WITH THE OFFICE OF REFUGEE
RESETTLEMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. On item 32, persons...
Vice Mayor Plummer: I move it, Mr. Mayor.
Mayor Clark: Is there a second?
72 November 16, 1995
Commissioner Carollo: Second. 4
Mayor Clark: Any discussion? Hearing none, call the roll.
Vice Mayor Plummer: Read the ordinance.
Mayor Clark: He has to.
Vice Mayor Plummer: Yes.
Mayor Clark: Roll call.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "REFUGEE COMMUNITY STRENGTHENING PROGRAM
(FY '96)", AND APPROPRIATING $220,000 TO SAID FUND; AUTHORIZING
THE CITY MANAGER TO ACCEPT A GRANT FROM THE U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES AND EXECUTE THE
NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE OFFICE OF REFUGEE RESETTLEMENT, FOR SAID
PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Carollo, 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 Joe Carollo
Commissioner Wifredo Gort
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Whereupon the Commission on motion of Vice Mayor Plummer and seconded by
Commissioner Carollo, adopted said ordinance by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11324.
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.
73 November 16, 1995
----------------------------------------------------------------------------------------------------------------
26. EMERGENCY ORDINANCE: AMEND CODE, CHAPTER 35, ARTICLE VI
(MOTOR VEHICLES ,AND TRAFFIC / PRIVATE PARKING LOTS) --
REQUIRE PARKING LOT OPERATORS TO PROVIDE UNIFORMED
SECURITY FOR SPECIAL EVENTS, USING A MINIMUM OF ONE OFF -
DUTY POLICE OFFICER AS UNIFORMED SECURITY FOR LOTS WITH
CAPACITY FOR 125 OR MORE VEHICLES -- AMEND SECTION 35-115
(REVOCATION OF LICENSE FOR VIOLATIONS) -- ADD NEW SECTION
35-117 (TEMPORARY USE FOR SPECIAL EVENTS).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty-three.
Vice Mayor Plummer: Move it.
Commissioner Carollo: Second.
Mayor Clark: Emergency ordinance. Go ahead, read the ordinance. Roll call.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 35, ARTICLE VI, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"MOTOR VEHICLES AND TRAFFIC/PRIVATE PARKING LOTS," THEREBY
REQUIRING THAT PARKING LOT OPERATORS PROVIDE UNIFORMED
SECURITY FOR SPECIAL EVENTS USING A MINIMUM OF ONE CITY OF
MIAMI OFF -DUTY POLICE OFFICER AS UNIFORMED SECURITY, FOR
LOTS WITH A CAPACITY FOR ONE HUNDRED AND TWENTY-FIVE (1.25)
OR MORE VEHICLES IN THE AGGREGATE; MORE PARTICULARLY BY
AMENDING SECTION 35-115, ENTITLED "REVOCATION OF LICENSE FOR
VIOLATIONS," AND ADDING NEW SECTION 35-117, ENTITLED
"TEMPORARY USE FOR SPECIAL EVENTS," TO SAID CHAPTER;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Carollo, 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 Joe Carollo
Commissioner Wifredo Gort
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
74 November 16, 1995
Whereupon the Commission on motion of Vice Mayer Plummer and seconded by
Commissioner Carollo, adopted said ordinance by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11325.
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.
----------------------------------------------------------------------------------------------------------------
27. EMERGENCY ORDINANCE: AMEND CODE CHAPTER 2, ARTICLE XIV
(ADMINISTRATION / OVERTOWN ADVISORY BOARD) -- PROVIDE FOR
CHANGES IN: (1) BOARD MEMBERSHIP QUALIFICATIONS, (2)
ELECTION PROCEDURES, (3) FILLING OF VACANCIES, AND (4) BOARD
FUNCTIONS / POWERS / DUTIES.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Move 33-A.
Mayor Clark: Is there a second?
Commissioner Gort: Second. Roll call.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 2, ARTICLE XIV, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/OVERTOWN ADVISORY BOARD," THEREBY
PROVIDING FOR CHANGES IN (1) BOARD MEMBERSHIP
QUALIFICATIONS, (2) PROCEDURES FOR ELECTIONS, (3) FILLING OF
VACANCIES, AND (4) BOARD FUNCTIONS, POWERS AND DUTIES; MORE
PARTICULARLY BY AMENDING SECTIONS 2-452 AND 2-456 OF SAID
CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
75
November 16, 1995
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wit'redo Gort
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Commissioner Miller J. Dawkins
Whereupon the Commission on motion of Vice Mayor Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. CIark
NAYS:
None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11326.
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.
----------------------------------------------------------------------------------------------------------------
28. DISCUSS AND DEFER (TO DECEMBER 7TH MEETING)
CONSIDERATION OF PROPOSED SECOND READING ORDINANCE TO
AMEND CODE CHAPTER 30, ARTICLE III, DIVISION 2, WHICH SETS
FORTH RATES / CHARGES FOR CITY GOLF COURSES.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Move 34.
Mayor Clark: Thirty-four?
Commissioner Carollo: Excuse me.
Mayor Clark: Yes, sir.
Commissioner Carollo: This is one, Mr. Mayor, that I would like to have the privilege of
deferring it until I can get more information on it.
Vice Mayor Plummer: Second for the deferral.
Commissioner Carollo: Thank you.
76 November 16, 1995
Mayor Clark: All right. Motion and a second. Cast a unanimous ballot on the deferral.
Commissioner Carollo: We can bring it back next meeting.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: No. Bring it back next meeting. We're going to be out of here before
noon, Joe.
Commissioner Carollo: No, no, I'm saying not...
Mayor Clark: He said...
Commissioner Carollo: ... not the next meeting tonight for Zoning. I'm saying in December.
Mayor Clark: Hey, are you in that deaf program? Didn't you hear?
Vice Mayor Plummer: I should be.
Mayor Clark: OK.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER CAROLLO AND SECONDED BY VICE
MAYOR PLUMMER, ITEM 34 WAS DEFERRED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
-------------------------------------------- ------------------------ --------------------------------------------
29. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY
'96) -- APPROPRIATE $456,781, CONSISTING OF A RECYCLING
PROGRAM GRANT FROM STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL REGULATION.
Mayor Clark: All right. Item 35.
Vice Mayor Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: Roll call.
77 November 16, 1995
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.
passed on its first reading, by title, at the meeting of October 26, 1995, was taken up for
its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11327.
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. SECOND READING ORDINANCE: REVOKE CITY COMMISSION ACTION
WHICH ABOLISHED THE BAYSIDE MINORITY FOUNDATION -- AMEND
ORDINANCE 11130.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 36.
Vice Mayor Plummer: Move it.
Commissioner Gort: Second.
Vice Mayor Plummer: Ain I the only one here?
Commissioner Gort: Yeah.
Mayor Clark: Roll call, Mr. Clerk.
78 November 16, 1995
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.
passed on its first reading, by title, at the meeting of October 26, 1995, was taken up for
its second and final reading, by title, and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11328.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner DawkinF requested of the Clerk to be shown in
agreement with the motion.
----------------------------------------------------------------------------------------------------------------
31. DISCUSS AND DEFER (TO DECEMBER 7TH MEETING)
CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE
MANAGER TO ENTER INTO LEASE AGREEMENT WITH THE MIAMI
OUTBOARD CLUB FOR LEASING REAL PROPERTY / IMPROVEMENTS
WITHIN WATSON ISLAND, ALONG WITH BAY BOTTOM LANDS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 37 is withdrawn. Thirty-eight.
Commissioner Carollo: That's another one, Mr. Mayor, that I'd like to defer...
Vice Mayor Plummer: Second.
Commissioner Carollo: ... until the December meeting.
Mayor Clark: Till the next meeting.
79 November 16, 1995
t
Commissioner Carollo: Yes, sir, the December meeting.
Mayor Clark: All right. Next meeting, the December meeting, it will be looked at. Julio, it's
been deferred until December the 7th.
Vice Mayor Plummer: Yeah, and be careful. That's Pearl Harbor.
Mayor Clark: Motion and a second. If there's no opposition, cast a unanimous ballot. Thank
you, sir.
Vice Mayor Plummer: I move item 39...
Mayor Clark: It's been deferred, folks. It's been deferred. Motion to defer until December the
7th. Thank you.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER CAROLLO AND SECONDED BY VICE
MAYOR PLUMMER, ITEM 38 WAS DEFERRED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------------------------------------------------------
32. DISCUSS AND DEFER (TO DECEMBER 7TH MEETING)
CONSIDERATION OF PROPOSED RESOLUTION TO AUTHORIZE
MANAGER TO EXECUTE AGREEMENT WITH TACOL CY ECONOMIC
DEVELOPMENT CORPORATION, INC., FOR RENOVATION OF THE
EDISON MARKETPLACE BUILDING.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Move 39.
Commissioner Dawkins: Thirty-nine, hold it, hold it.
Vice Mayor Plummer: Huh?
Commissioner Dawkins: Hold 39. OK? At the last meeting, I instructed the Manager - and
Commissioner Plummer agreed - do not bring this back until you tell me how much money we
have to make repairs to Tacolcy Youth Center, and to do something with the MLK (Martin
Luther King) Building. OK?
Mr. Cesar Odio (City Manager): Commissioner, I'm sorry. You are right. I'm withdrawing this
item.
80 November 16, 1995
Commissioner Dawkins: See, but you...
Vice Mayor Plummer: No...
Commissioner Dawkins: But you see, Mr. Manager, I get tired of you and I agreeing, and then
Frank Castaneda and them do what the hell they want to do. I get fed up with it.
Mayor Clark: All right.
Mr. Odio: You're absolutely right. I missed that item.
Mayor Clark: It's been withdrawn until the next meeting, and have that information for Mr.
Dawkins.
Vice Mayor Plummer: Well, for the record, Mr. Mayor, so I don't look like... egg on the face. It
was my understanding with this item being here that that matter had been resolved, and that was
the only reason that I moved it.
Commissioner Dawkins: No, they haven't been to see me, Mr. Plummer.
Vice Mayor Plummer: OK. All right, all right.
NOTE FOR THE RECORD: At this point, agenda item 39 was
deferred until t e City Commission meeting of December 7, 1995.
----------------------------------------------------------------------------------------------------------------
33. ACCEPT BIDS: (1) MAC PAPERS, INC., (2) AT&T GLOBAL., (3)
ZELLERBACH, AND (4) FTC, OFFICE PRODUCTS -- FOR PROVISION OF
PAPER FOR VARIOUS CITY DEPARTMENTS (CINDER EXISTING STATE
OF FLORIDA CONTRACT 645-120-96-1) -- ALLOCATE $150,000 --
EXTEND CONTRACT FOR ONE ADDITIONAL YEAR AT SAME PRICE /
TERMS / CONDITIONS, SUBJECT TO AVAILABILITY OF FUNDS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I move item 40.
Mayor Clark: Item 40 has been moved.
Commissioner Carollo: Second.
Mayor Clark: Seconded by Mr. Dawkins (sic).
Commissioner Dawkins: Yes, sir.
Mayor Clark: Call the roll.
81 November 16, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOI.,UTION NO. 95-810
A RESOLUTION ACCEPTING THE BIDS OF MAC PAPERS, INC., AT&T
GLOBAL, ZELLERBACH AND FRC OFFICE_, PRODUCTS FOR THE PROVISION
OF PAPER FOR VARIOUS CITY DEPARTMENTS UNDER EXISTING STATE OF
FLORIDA CONTRACT NO. 645-120-96-1, AT A PROPOSED ANNUAL AMOUNT
OF $150,000.00, FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD; ALLOCATING FUNDS THEREFOR FROM
APPLICABLE DEPARTMENT ACCOUNT CODES AT THE TIME OF PURCHASE,
INCLUDING GRAPHIC REPRODUCTIONS DIVISION ACCOUNT CODE NO.
420501-716; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE
SUPPLIES ON AN AS -NEEDED BASIS, AND THEREAFTER TO EXTEND SAID
CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME
PRICE, TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
AIN
----------------------------------------------------------------------------------------------------------------
34. (A) AUTHORIZE MANAGER TO ENTER INTO COMPETITIVE
NEGOTIATIONS / AWARD CONTRACTS TO (1) THOMAS W.
RUFF & COMPANY -- TO REFURBISH EXISTING CITY -OWNED
FURNITURE SUITABLE FOR RELOCATION TO MIAMI
RIVERSIDE CENTER; (2) THOMAS W. RUFF & COMPANY -- TO
FURNISH ADDITIONAL FURNITURE COMPONENTS TO
SUPPLEMENT DEFICIENT WORKSTATION UNITS; AND (3)
DESIGNERS SERVICE BUREAU -- TO FURNISH RELOCATION
SERVICES AND REPLACE FURNITURE NO LONGER SUITABLE
FOR CITY USE IN NEW BUILDING -- ALLOCATE $1.3 MILLION.
(B) COMMISSIONER DAWKINS REQUESTS TO HAVE HIS OFFICES
ON 9TH FLOOR.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Move 41.
Mayor Clark: Forty-one. Is there a second?
Commissioner Gort: Second.
Mayor Clark: All right. Call the roll if there's no exception.
Commissioner Carollo: What is the total amount that we're talking about here?
Vice Mayor Plummer: Not to exceed one point three million, Joe.
Mr. Cesar Odio (City Manager): Not to... That's... What we're trying to do is refurbish what
we have.
Commissioner Carollo: Right.
Mr. Odio: We're trying to avoid...
Commissioner Carollo: Do we really need that much, Cesar?
Mr. Odio: We have... are going to have a need of 720 positions in the new building,
Commissioner. Seven hundred and twenty, I think, around there. What we're trying to do is
salvage - we've been doing inventories - and salvage all the furniture that we have in the
Administration Building and others. Do you want to explain to him, please?
Commissioner Dawkins: Before... Just a moment.
Mr. Odio: Yes, Commissioner.
Commissioner Dawkins: I think we must inform the Commissioner that an offer was made that
those Commissioners desirous of moving their office to that building had a right to move.
Mr. Odio: I...
Commissioner Dawkins: Now, Miller Dawkins is the only one who will be on the ninth floor.
Everybody else has decided to stay here.
83 November 16, 1995
Mr. Odio: The seventh, seventh floor.
Commissioner Dawkins: No, no, no, I'm going to be on the ninth floor. See, that's why I tell
you all. See, you all... I went over. You sent the lady to see me. The ninth floor on the
southwest - east of that building;. I told you that. And the lady came to see me. No, see...
Mr. Odio: But the problem, Commissioner...
Commissioner Dawkins: The problem is nothing. I'm the Commissioner, and the problem...
You adjust to the Commissioner's problem. The problem don't have to... The Commission
doesn't have to adjust to your problem, Mr. Manager.
Mr. Odio: You're the Commissioner, but I would like to suggest, respectfully, that if you would
look at the drawings, you would end up with a...
Commissioner Dawkins: I don't want to see the drawings.
Mr. Odio: ... with a better office than...
Commissioner Carollo: Mr. Manager, I think you've heard Commissioner Dawkins. What I
would suggest is you all get together a little later today, and I'm sure it will be resolved in a way
that both of you would be happy with.
Mayor Clark: Next case.
Vice Mayor Plummer: Yes. And I'll take his old space up here. I would acquire that.
Commissioner Gort: Excuse me, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: And Miller, correct me if I'm wrong, but it was my understanding that the
decision... We all wanted to move out there, but my understanding was if we were 3.11 to move
up there, there would not be enough room to put all of the departments in one building, which is
what we wanted to accomplish. My understanding is that we were going to be here, but we were
going to have, all of us, a satellite office in the new building.
Mayor Clark: Satellite office.
Commissioner Gort: So we can have an office in both places. Am I correct on that?
Commissioner Dawkins: Yes, sir.
Commissioner Gort: OK.
Commissioner Dawkins: And all... And the satellite offices were to be on the ninth floor, too.
That's what I heard.
Mayor Clark: I'm sorry.
Mr. Odio: No. The floor was...
Commissioner Carollo: How many floors does the building have?
84 November 16, 1995
W
Mr. Odio: Ten floors.
5a
Commissioner Carollo: Ten floors. Miller, why do you want to settle for the ninth floor when
you can go to the tenth?
Commissioner Dawkins: No, well, the tenth, the Manager's got the tenth for all his... For the
Manager.
Vice Mayor Plummer: Wait a minute, wait a minute. Who said the Manager's got the tenth
floor?
Commissioner Dawkins: Me.
Mr. Odio: I have... I'm staying right here. OK? But let me say this. We're trying to fit the
departments together. And if I may, Commissioner, please. The drawings are here. I'd like to
show them to Commissioner Dawkins. Let me also add that this price includes the moving.
There's a turnkey operation. They are going to move all of this and install them.
Commissioner Carollo: It includes the moving of the operation.
Mr. Odio: And installation.
Commissioner Carollo: How... Let me try to rephrase that. By when is the last day that you
need to get an approval on this, without hurting the move, and buying the new furniture that we
need?
Mr. Odio: We are late right now, Commissioner, because we've been at this selection process
for quite a while. We need to... Hopefully, we wanted to move by March 1st.
Commissioner Carollo: Yeah.
Mr. Odio: And the County needs... because of the settlement with the County. So...
Mayor Clark: See, they're taking that other building over.
Mr. Odio: It's all tied together. But if you need time...
Commissioner Carollo: Well, Cesar, look, I don't feel comfortable voting for one point three
million dollars ($1.3 million) without having had the opportunity to see just what we're buying,
what we really need, to see if there's any way we could cut back. But if you're telling me that
you need a vote now...
Vice Mayor Plummer: Can I make a suggestion?
Commissioner Carollo: ... I will trust you and go along in voting for it, based on what you're
telling me. After all, I'm the guy that made the motion to name you City Manager, so I better
have some trust there.
Mr. Odio: People forget that.
Commissioner Carollo: I will... Yeah, I'm the guy that gets the blame. Never gets the credit,
but the blame.
85 November 16, 1995
,,-IN I.,
Mr. Odio: Why don't we do this? - we've done it many times - we approve this, and if you have
any objections, we bring it back in the next Commission meeting, and we can meet with you in...
Commissioner Carollo: That would be fine in doing it that way. What I would request from you
is to see if there's any possible way to cut back anywhere that you can. And maybe somewhere
in the basement, we still have some old furniture left that could be used.
Mayor Clark: All right. Mr. Dawkins.
Commissioner Dawkins: Mr. Manager, through you to the young lady with the... Would you
come to the mike, please.
Ms. Carmen Garcia -Velez: Yeah.
Commissioner Dawkins: When you were in my office, and you had a drawing and told me what
you could do, did not I tell you that I wanted to be on the ninth floor, and we drew up specs for
the ninth floor?
Mr. Odio: Let me answer for her. Yes, yes, you did, Commissioner.
Commissioner Dawkins: Yes, right? OK, thank you.
Mr. Odio: And I told her different. When we ask... When we revised every floor, we, we
reviewed all of them and the City departments, I told her to put the offices where they fit in the
seventh, and that we... and we would present it to you, and if you have an objection, we'll have
to change. But...
Commissioner Dawkins: But see, but you... but...
Vice Mayor Plummer: Well, wait a minute. How come he gets his choice and I got to sit...
i
Commissioner Dawkins: But you could have avoided all this by coming to me first before you
make all these drawings.
Mr. Odio: You are right. You are right, Commissioner.
Mayor Clark: Please, please. It's going to be on the ninth floor. Let's proceed with the
meeting.
Commissioner Dawkins: Thank you, Mr. Mayor.
Vice Mayor Plummer: I protest.
Mayor Clark: Cast a unanimous ballot on 41.
Vice Mayor Plummer: I want him on the first floor.
Ms. Judy Carter: We'd like to add the name, Thomas Gruff.
Commissioner Gort: Mr. Mayor, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I got to interject in this. Miller.
86 November 16, 1995
Commissioner Dawkins: Yes, sir.
Commissioner Gort: And I think, you know, Miller's right on this.
Mr.Odio: Yeah.
Commissioner Gort: If you told him the ninth floor, and then you think it's got to be changed,
and you don't go to him and you don't tell him, he... I would do the same thing, too.
Commissioner Carollo: Yeah, but... Well, look...
Commissioner Gort: I think the first thing you need to do is go to him and tell him, look, there's
a change I would like to...
Mayor Clark: It's the ninth floor. Let's move forward.
Commissioner Carollo: Willy, Cesar is a good listener, and he understands. They'll meet
together and they'll work it out the right way.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-811
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO ENTER INTO
COMPETITIVE NEGOTIATIONS WITH AND AWARD CONTRACTS, TO THE
FOLLOWING VENDORS: THOMAS W. RUFF & COMPANY, TO REFURBISH
EXISTING CITY -OWNED FURNITURE SUITABLE FOR RELOCATION TO THE
MIAMI RIVERSIDE CENTER; THOMAS W. RUFF & COMPANY, TO FURNISH
ADDITIONAL FURNITURE COMPONENTS TO SUPPLEMENTS DEFICIENT
WORKSTATION UNITS; AND DESIGNERS SERVICES BUREAU, TO FURNISH
RELOCATION SERVICES AND REPLACE FURNITURE NO LONGER SUITABLE
FOR CITY USE IN THE NEW BUILDING, IN CONNECTION WITH THE CITY'S
RELOCATION SOLUTION SOLICITATION, ISSUED PURSUANT TO SEC. 18-52.2
COMPETITIVE, NEGOTIATIONS, CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $1.3 MILLION, FOR SAID SERVICES AND GOODS, FROM AN
ACCOUNT TO BE IDENTIFIED BY THE DIRECTOR OF FINANCE;
AUTHORIZING THE CITY MANAGER TO DIRECT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SERVICES AND GOODS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
November 16, 1995
1
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Ms. Garcia -Velez: Give them an explanation why the changed needed to be...
------------------------------------------------------------ ••------------••--------------------------------------
35. ACCEPT BIDS: (1) MIAMI TIRESOLES ($3,149.80), (2) GOODYEAR
COMMERCIAL TIRE ($4,578.52), (3) SOUTHWEST CYCLE COMPANY
($10,747), (4) SERVIS FLEET TIRE COMPANY ($3,970.40), (5) B&S
TRANSPORT, INC. OF CALIFORNIA ($12,148.24), (6) MARTINO TIRE
COMPANY ($147,674.99), (7) SOUTH DADE AUTOMOTIVE ($12,531), AND
(8) BALADO NATIONAL TIRE ($114,194.54) -- FOR FURNISHING TIRES
AND TUBES FOR DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION AND FIRE -RESCUE -- ALLOCATE $308,994.49.
Mayor Clark: Item number 42.
Commissioner Dawkins: Move 42.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Any exception? Hearing none, cast...
Vice Mayor Plummer: Well, wait. Did you take a vote on 41?
Mayor Clark: I did.
Commissioner Carollo: Yes, we did.
Mayor Clark: Cast a unanimous ballot.
88
November 16, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-812
A RESOLUTION ACCEPTING THE BIDS FOR THE FURNISHING OF TIRES AND
TUBES FROM MIAMI TIRESOLES ($3,149.80), GOODYEAR COMMERCIAL TIRE
($4,578.52), SOUTHWEST CYCLE COMPANY ($10,747.00), SERVIS FLEET TIRE
COMPANY ($3,970.40), B&S TRANSPORT, INC., OF CALIFORNIA, ($12,148.24);
MARTINO TIRE COMPANY, ($147,674.99), SOUTH DADE AUTOMOTIVE
($12,531.00), AND BALADO NATIONAL TIRE, ($114.194.54), FOR A TOTAL
PROPOSED COST OF $308,994.49, FOR THE DEPARTMENTS OF GENERAL
SERVICES ADMINISTRATION AND FIRE -RESCUE, FOR ONE (1) YEAR WITH
THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS;
ALLOCATING FUNDS THEREFOR FROM THE VEHICLE & EQUIPMENT
ADMINISTRATION 1995-96 OPERATING BUDGET, ACCOUNT CODE NO.
420901-721, PROJECT NO, 509000, AND THE DEPARTMENT OF FIRE -RESCUE,
ACCOUNT CODE NO. 280701-721; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR SAID ACQUISITIONS, ON AN AS -NEEDED BASIS, FOR ONE (1)
YEAR AND THEREAFTER TO EXTEND SAID SERVICE FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS AT THE SAME PRICE, TERMS AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
i
89 November 16, 1995
101S1
-=--------------------------------------------------------------------------------------------------------------
36. ACCEPT BIDS: (1) FLOVAL OIL CORPORATION ($19,655.75), (2)
LUBRICANT ENGINEERS, INC. ($3,872), (3) RADIANT OIL, COMPANY
($92), (4) YOUNG OIL COMPANY ($5,519), (5) BV OIL COMPANY
($38,108.80), AND (6) OSHER OIL CORPORATION ($20,088.60) -- FOR
FURNISHING OILS AND LUBRICANTS FOR DEPARTMENTS OF
VEHICLE AND EQUIPMENT ADMINISTRATION AND FIRE -RESCUE --
ALLOCATE $87,336.15.
Mayor Clark: Number 43. Second... Cast a unanimous ballot on 42.
Vice Mayor Plummer: Yeah.
Mayor Clark: Forty-three.
Vice Mayor Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-813
A RESOLUTION ACCEPTING BIDS FOR THE FURNISHING OF OILS AND
LUBRICANTS FROM FLOVAL OIL CORPORATION ($19,655.75), LUBRICANT
ENGINEERS, INC. ($3,872.00), RADIANT OIL COMPANY ($92.00), YOUNG OIL
COMPANY ($5,519.00), BV OIL COMPANY ($38,108.80), AND USHER OIL
CORPORATION ($20,088.60), FOR A TOTAL PROPOSED ANNUAL COST OF
$87,336.15, FOR THE DEPARTMENTS OF VEHICLE AND EQUIPMENT
ADMINISTRATION AND FIRE -RESCUE, FOR ONE (1) YEAR WITH THE OPTION
TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENTS OF VEHICLE
EQUIPMENT ADMINISTRATION, 1995-1996 OPERATING BUDGET, ACCOUNT
CODE NO. 420901-713 .AND FIRE -RESCUE, ACCOUNT CODE NO. 280701-713;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE. PURCHASE ORDERS FOR SAID
ACQUISITIONS AND THEREAFTER TO EXTEND THE PURCHASE CONTRACTS
FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT THE, SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
90 November 16, 1995
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
37. CONFIRM CITY ATTORNEY'S REAPPOINTMENT OF SWEETAPPLE,
BROEKER, VARKAS -- TO SERVE AS SPECIAL COUNSEL TO THE
NUISANCE ABATEMENT BOARD -- ALLOCATE $30,000.
---------------------------- -----------------------------------------------------------------------------------
Mayor Clark: Forty-four.
Commissioner Gort: It's the Nuisance Abatement Board and their counsel. Move it.
Vice Mayor Plummer: Second.
Mayor Clark: All right.
Commissioner Dawkins: You know, I keep saying over and over, and I'm going to say it as long
as I'm here. I don't see why the Nuisance Abatement Board needs a lawyer when we... How
many lawyers you got, Mr. Jones, working for you?
A. Quinn Jones, III, Esq. (City Attorney): Twenty-two assistants. The problem is,
Commissioner, like the Civil Service Board, we can't prosecute the cases and present them at the
same time. That's a conflict of interest.
Commissioner Dawkins: All right. Well, abolish the Board then.
Mayor Clark: Not doing any good.
Commissioner Dawkins: OK. Go ahead.
Mayor Clark: On 44, there's a motion and a second.
Commissioner Gort: Move it.
Mayor Clark: Any exception? Hearing none, cast a unanimous ballot.
91
November 16, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-814
A RESOLUTION CONFIRMING THE CITY ATTORNEY'S REAPPOINTMENT OF
THE LAW FIRM OF SWEETAPPLE, BROEKER, VARI"S, P.A. TO SERVE AS
SPECIAL COUNSEL TO THE NUISANCE ABATEMENT BOARD; ALLOCATING
FUNDS THEREFOR. IN AN AMOUNT NOT TO EXCEED $30,000, FROM FY '95-96
BUDGETED FUNDS OF THE NUISANCE ABATEMENT BOARD AS
COMPENSATION FOR SAID SERVICES.
(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 Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
38. ALLOCATE $30,000 FOR PAYMENT OF COMPENSATION TO SPECIAL
COUNSEL FOR THE CODE ENFORCEMENT BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 45.
Commissioner Gort: It's the same thing. Move it.
Commissioner Dawkins: Same thing, same thing. Move it.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-815
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $30,000 FROM
FY '95-96 BUDGETED FUNDS OF THE OFFICE, OF HEARING BOARDS,
ACCOUNT NO. 560602-250, PROJECT NO: 421001, FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT
BOARD.
(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 Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
39. ALLOCATE $30,000 FOR PAYMENT OF COMPENSATION TO SPECIAL
COUNSEL FOR THE CIVIL SERVICE BOARD.
--------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 46.
Commissioner Dawkins: Same thing. Move it.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot.
93 November 16, 19
W
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-816
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $30,000 FROM
FY '95-96 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO.
240101-2.50, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR
THE CIVIL SERVICE BOARD.
(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 Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
•---------------------------------------------------------------------------------------------------------------
40. ACCEPT BID: SOVEREIGN CONSTRUCTION GROUP ($695,298.47) FOR:
BELLE MEADE STORM SEWER PROJECT PHASE II PART "A" --
ALLOCATE $695,298.47 (CONTRACT COST), $113,389 (ESTIMATED
EXPENSES), TOTALING $808,687.47 -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Number 47.
Commissioner Carollo: Move it.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
Vice Mayor Plummer: Boy, I'm glad to see 47.
Commissioner Dawkins: I know you are, because that's where you got your strongest votes
from.
Commissioner Carollo: It took a long time to do it, but it finally got down.
Vice Mayor Plummer: I got strong votes everywhere.
94 November 16, 1995
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 95-817
A RESOLUTION ACCEPTING THE BID OF SOVEREIGN CONSTRUCTION
GROUP, INC. IN THE PROPOSED ,AMOUNTOF $695,298.47 OF THE PROPOSAL,
FOR "BELLE MEADE STORM SEWER PROJECT PHASE 11 PART "A";
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NO. 352264, AS APPROPRIATED BY THE FISCAL YEAR 1994-95 CAPITAL
IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, IN THE AMOUNT OF
$695,298.47 TO COVER THE CONTRACT COST AND $113,389.00 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $808,687.47;
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 Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Gort: Wait a minute. We got a few items.
Mayor Clark: Got any pockets, Joe?
Vice Mayor Plummer: What is Ron Silver doing here? Everybody hold onto their pocketbook.
Hide your wallet.
----------------------------------------------------------------------------------------------------------------
41. COMMISSIONER CAROLLO REQUESTS MAYOR CLARK TO PLACE
CITY PIN ON HIS PERSON.
Commissioner Carollo: Mr. Mayor, I'd like to have the honor of you pinning this City of Miami
pin, that the Manager tells me is only for Commissioners, I'd like to have the honor of you
pinning it on me.
Vice Mayor Plummer: Be careful where he pins it.
Mayor Clark: Oh, yeah, I'll pin you.
95 November 16, 1995
Commissioner Carollo: OK.
Vice Mayor Plummer: Be careful of where he sticks the pin.
Mayor Clark: Right between the left ventricle.
Vice Mayor Plummer: Got any Band-Aids?
--------------------------------------------- ------------------------------------------------------------------
42. (A) DISCUSSION REGARDING REQUEST FROM FLORIDA
INDEPENDENT PHARMACIES ASSOCIATION TO BE INCLUDED
IN THE MEDICAL / HEALTH CITY INSURANCE.
(B) COMMISSIONER PLUMMER (1) STATES DISSATISFACTION
WITH CITY'S CIGNA HMO, AND DIRECTS MANAGER TO
EITHER RSOLVE OR SCHEDULE MEETING; (2) REQUESTS
CONSIDERATION BE GIVEN TO LOCAL CHIROPRACTIC
ORGANIZATIONS.
Vice Mayor Plummer: Are we on pocket items?
Commissioner Gort: Yes.
Commissioner Dawkins: Mano, I need to see you. J.L. Plummer, beginning today, you got two
pocket items per meeting.
Vice Mayor Plummer: No, I got three.
Commissioner Dawkins: You got two per Commission meeting.
Vice Mayor Plummer: You don't count well.
Commissioner Dawkins: That's all.
Vice Mayor Plummer: Well, two per meeting. That gives me ten. Mr. Mayor, are you ready?
Commissioner Gort: Wait. What's your hurry? It's ten -forty-three.
Mayor Clark: All right. That's the end of the agenda. If you have...
Commissioner Dawkins: No, no, he's got two...
Vice Mayor Plummer: I got three.
Commissioner Dawkins: He's got six pocket items.
Mayor Clark: Wait a minute, now. Just... Let me handle this now. Any further pocket items,
Mr....
Commissioner C.arollo: No, sir.
Mayor Clark: Mr. Dawkins, do you have any?
96 November 16, 1995
Commissioner Dawkins: No, sir, I don't have any, Mr. Mayor.
Mayor Clark: Mr. Gort, do you have any?
Commissioner Gort: Yes, I do, sir. There's one in particular, which I mentioned before. It's the
Florida Independent Pharmacists Association, and they're represented here by Mr. de Varona,
and they want to make their presentation to us. Mr. Varona. Mainly, I think what the problem
is, is there's quite a few small businesses, small pharmacies within the City of Miami that are not
able to do business with our insurance, and they would like to address that to us.
Mayor Clark: I got something for you, Miller. Miller?
Commissioner Dawkins: Yes, sir.
Mayor Clark: I got something very important I want to bring up for you.
Commissioner Dawkins: All right, sir.
Mr. Jose Raul de Varona: Good morning, Mr. Mayor, Commissioners. Thank you,
Commissioner Gort. I am Colonel Jose Raul de Varona, retired from the United States Army,
now president of Florida Independent Pharmacies. Sir, we created Florida Independent
Pharmacies as a nonprofit organization for independent pharmacies in order that independent
pharmacies can act united, as a group, and compete in the new and changing health care arena.
We have four goals, and I'll be very brief. One, our goal number one is to gain access as an
organized group to HMOs (health maintenance organizations) and third party plans, now closed
to us as individual pharmacies. Two, to act as a buying group to obtain merchandise and drugs
for our members at a much lower cost than those available to single, independent pharmacies.
Three, to act as a political forum to influence legislation that ensures our survival as independent
pharmacies. And third - and fourth, to act as referral system between pharmacies in order to
provide the highest quality of health care possible for our patients. In the City of Miami, sir, you
have, just in the City of Miami, 300 independent pharmacies, 300 independent pharmacies,
which I can provide you a list with addresses.
Vice Mayor Plummer: Farms or farmers?
Mr. de Varona: Pharmacies. OK?
Vice Mayor Plummer: Ah, I'm sorry.
Mr. de Varona: "Farmacias."
Vice Mayor Plummer: OK.
Mr. de Varona: OK?
Commissioner Gort: Yeah. Mayor, I think that we do need to do something with that, J.L., here.
Mr. de Varona: Those 300 pharmacies, independent pharmacies, have a working force of over
2,400 employees directly, and indirectly, over 3,000 employees. Each of those pharmacies
average one point five million dollars ($1.5 million) annually, and pay to the City of Miami in
waivers to the... in payroll, insurance, licensing fees, we afford to the City of Miami over four
hundred fifty million dollars ($450,000,000) among those 300 pharmacies, sir, on an annual
basis. And that money, and the profits that we make have been kept here within our community,
not going out of State, as what the larger chains do. Presently, we are not allowed to provide
97 November 16, 1995
service to the employees of the City of Miami because of the insurance contracts that you have
that only allow the large chains, the chain of stores to be able to provide. We'd like to request -
and we can work this out with the City Manager - that you will consider us, as members of your
City, as a small business of your City, as members of a community that. we provide professional
services to that community, to open up and request from your insurance company that they allow
the employees of the City of Miami to choose and have the freedom to go to their local
community pharmacy, That's all what I have. Thank you.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: What I'd like to add, I've had a conversation with this individual and this
group. My understanding is the objection from the insurance and from whoever is, one is
paying, making payment to the different pharmacies. Number two is the price. My
understanding is these pharmacies, they have a... They can do one billing for all of them. In
other words, they have an agency that can provide a sole billing method, and they can compete
in the prices. They can give the same prices as the major firms. Now, when you look at the five-
year plans that we have put together, we are trying to improve our small businesses. So I think
this is something that the Union and the City should look at, and give the ability, if you've got
the same prices and the same benefits, for them to shop anywhere they want to, their
neighborhood pharmacies.
Mayor Clark: All right.
Mr. de Varona: Yes, sir, and the cost would be the same that you're paying now, and we have
the ability, as Commissioner Gort mentioned, to transmit to one central unit one bill, and one
disbursement bill paid back by the insurance. So we have all of the mechanisms in place, and I
think we could provide a more personalized care to the members of your community, and a
series of advantage that we, as independent pharmacies provide -- bilingual, free delivery, fifteen
minutes in and out of our pharmacies.
Vice Mayor Plummer: Mr. Mayor, if I may. Are you finished, sir?
Mr. de Varona: Yes.
Vice Mayor Plummer: Mr. Mayor, I want to go on the record that I am totally unhappy - Mr.
Manager, you'd better listen to this - I am totally unhappy with the insurance setup that this City
presently has, the health insurance, this so-called HMO, which is "Horrible Miami Office
furniture." Let me tell you how, in my estimation, these people don't even know what in the hell
they're doing. I have asked to go to a certain doctor. I can't do it unless I take the other one.
But let me give you one that I have asked for five years that this company not send anything to
my house, send it to the City Hall, don't delay payment to my doctors or others, and they will not
send it to City Hall. They send it to my house.
Mayor Clark: And they delay all the time.
Vice Mayor Plummer: They delay everything. Now, let me give you one better. About two
months ago, I got a letter addressed to my ex-wife of 15 years ago, asking her to fill out this form
as to what their services were, and how they were. So I brought it over here and I said, you
know, guys, really, this is crazy, this is dumb. If these people don't know any different than this,
how in the hell can they run an organization? Well, that was number one. Let me tell you what I
accomplished. Letter number two, demanding of my ex-wife, who I have not been involved with
for 15 years, and came to the address which she never lived in, demanding why you did not send
98 November 16, 1995
back that form. Well, I came back to the City. Guess what happened? Got number three. Mr.
Mayor, the bottom line is, I have in my car that I forgot to bring in number four. Number four,
demanding of my ex-wife, whose name is not the same anymore, why don't you send back this
form? Mr. Mayor, I'm telling you, if that's the way they operate their business, I think we need
to take a very serious look at getting; rid of that company and getting someone who knows what
they're doing, because I want to tell you, I've given the letter to the Manager, I've given them to
Mano. They keep telling me, "We're going to straighten it out." Well, they straightened it out,
all right. More letters. And as far as I'm concerned, I got to be honest, if that's the way they're
doing business, I don't think we want to do business with them.
Mayor Clark: J.L., is that Cigna?
Commissioner Carollo: J.L., is it true, the rumor that I heard...
Vice Mayor Plummer: Yeah.
Mayor Clark: Yeah, they do the same thing to me.
Vice Mayor Plummer: They did the same to the Mayor.
Commissioner Carollo: Is there any truth to the rumor that I've heard that Carl Hiaasen has an
interest in that company?
Vice Mayor Plummer: Uh, probably.
Mr. Cesar Odio (City Manager): No, he sells the mango daiquiris.
Vice Mayor Plummer: Hey, Mr.... I would like... I would like the people at the next meeting,
which is Pearl Harbor, to be at this meeting, and to explain to this Commission why they can't
straighten it out.
i
Mr. Odio: Please, may I have them come and meet with you? And they...
Vice Mayor Plummer: No, sir, because they've done that.
Mr. Odio: They have straightened it out. They had a computer glitch at the beginning.
Vice Mayor Plummer: Cesar, two days ago, I got letter number four. I'm sorry, and excuse me,
I might have committed a Federal violation by opening my ex-wife's mail...
Mr. Odio: Commissioner, you should not have but...
Mr. Manohar Surana: It wasn't their fault.
Mr. Odio: It's not their fault. They... It has been taken care of. We'd be glad to bring them and
meet with you.
Vice Mayor Plummer: Excuse me. Mr. Mayor, since you have the same problem that I do...
Mayor Clark: I got the same problem. The same damn thing.
Vice Mayor Plummer: ... that if, in fact, they cannot resolve the matter with the Mayor and I,
then schedule it. OK?
Commissioner Gort: Mr. Mayor.
Mr. Odio: I will do that.
Commissioner Gort: Mr. Mayor, I would like to instruct the staff to sit down with the
Independent Pharmacies Association and work it out, because I think we've got to protect the
businesses within the. City of Miami.
Mr. Odio: Yes, sir.
Commissioner Gort: He's talking about 300 small businesses in the area.
Commissioner Carollo: Absolutely. Absolutely, Willy.
Commissioner Gort: So I move it.
Vice Mayor Plummer: Well, I second it with you. Mr. Gort, let me... Mr. Mayor, I have an
entre from the people who are the chiropractic organization in this community. They all put in
applications - OK? - and they said that they would perform the same services that any other for
the same price that - under new State statutes - and yet, local companies are being excluded in
favor of Broward County companies. And I think we need to address that problem, also. So I
would hope, Mr. Gort, that when we address the pharmaceutical association, we can address the
chiropractic association, so that we make sure that home folks are looked after first.
Commissioner Gort: OK.
Mayor Clark: Very good.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
43. RATIFY MANAGER'S FINDING OF EMERGENCY -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF CATERING
SERVICES FOR DEPARTMENT OF PARKS AND RECREATION --
ALLOCATE $6,650.
Mayor Clark: All right. Your pocket item, J.L.?
Commissioner Gort: I got another one, Mr. Mayor.
Mayor Clark: You have another one?
Vice Mayor Plummer: Wait a minute. You think you're Vice Mayor or something?
Commissioner Gort: No, J.L. They gave them all to me. They don't want to give them to you
anymore.
Vice Mayor Plummer: "Oye."
Commissioner Gort: What can I tell you?
100 November 16, 1995
Vice Mayor Plummer: "Oye."
Commissioner Gort: Mr. Mayor, we have every year - there's a resolution in front of you - our
Parks Department has an international baseball game, amateur baseball game and catering
services are contracted. This year, unfortunately, there was some problem with it. And although
we... I got some donations, and most of them come from the private sector. We got some
donations, but there's still money being owed to Manny's Buffet...
Vice Mayor Plummer: We'll do it.
Commissioner Gort: ... for the amount of twenty-five hundred dollars ($2500).
Vice Mayor Plummer: Second the motion.
Commissioner Gort: It's a resolution here for you.
Mayor Clark: Cast a unanimous ballot if there's no objection. Anything, J.L.?
Mr. Alberto Ruder: Yeah. You just have to say for the record that it's Manny's Catering and
Buffet. Did you say that?
Commissioner Gort: Yes, yes.
Mr. Ruder: OK.
Vice Mayor Plummer: Fine.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-818
YA RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVING THE ACQUISITION OF CATERING SERVICES FROM MANNY'S
BUFFET FOR THE 1995 YOUTH BASEBALL SERIES; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $6,650.00, FROM 1995-96
BUDGETED FUNDS OF THE DEPARTMENT OF PARKS AND RECREATION,
RECREATION CONSOLIDATED ACTIVITY ACCOt_JNT NO. 580211;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
November 16, 1995
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Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
---------------------------------------------------------- - -----------------------------------------------------
44. WAIVE FEES ($35,000) IN CONNECTION WITH NINTH ANNUAL
AMERICA'S BIRTHDAY BASH, TO BE CONDUCTED BY BAYFRONT
PARK MANAGEMENT TRUST, AT BICENTENNIAL AND MILDRED AND
CLAUDE PEPPER BAYFRONT PARKS (JULY 4, 1996).
Vice Mayor Plummer: Mr. Mayor, all three of mine come from the Park.
AT THIS POINT, VICE MAYOR PLUMMER READ THE
RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.
Vice Mayor Plummer: I so move.
Commissioner Dawkins: Second.
Vice Mayor Plummer: Call the roll, Mr. Mayor.
Mayor Clark: Roll call.
Vice Mayor Plummer: No, I mean unanimous.
Mayor Clark: It's a unanimous vote.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-819
A RESOLUTION WAIVING CITY OF MIAMI POLICE, FIRE -RESCUE AND SOLID
WASTE CLEANUP AND REMOVAL FEES, IN AN AMOUNT NOT TO EXCEED
$35,000, FOR THE NINTH ANNUAL AMERICA'S BIRTHDAY BASH, TO BE
CONDUCTED BY THE BAYFRONT PARK MANAGEMENT TRUST ON JULY 4,
1996 AT BICENTENNIAL AND THE MILDRED AND CLAUDE PEPPER
BAYFRONT PARKS: SAID WAIVER CONDITIONED UPON SUCH CONDITIONS
AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR
HIS DESIGNEE AND THE BAYFRONT PARK MANAGEMENT TRUST.
(Here follows body of resolution, ornitted 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 Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
45. DISCUSS AND TABLE CONSIDERATION OF PROPOSED RESOLUTION
TO WAIVE FEES FOR 7TH ANNUAL BIG ORANGE NEW YEAR'S EVE
FESTIVAL (CONDUCTED BY BAYFRONT PARK MANAGEMENT TRUST)
AT AT&T AMPHITHEATER (DECEMBER 31, 1995). (See label 57)
Vice Mayor Plummer: The second one is a resolution...
AT THIS POINT, VICE MAYOR PLUMMER READ THE
RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY,
Vice Mayor Plummer: I so move.
November 16, 1995
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-----------------------------------------------------------------•-----------------------------------------------
4G. RATIFY MANAGER'S FINDING OF EMERGENCY -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF SECURITY
FENCE AT AT&T AMPHITHEATER IN BAYFRONT PARK.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: A resolution by four -fifths affirmative... Excuse me? Four -fifths
affirmative vote of the... We got four -fifths?
Mr. Cesar Odio (City Manager): I need to recommend against all of those.
Vice Mayor Plummer: Who?
Mr. Odio: Me.
Vice Mayor Plummer: Oh, that's all right. I don't care.
Commissioner Dawkins: I move it.
Vice Mayor Plummer: Wait a minute.
AT THIS POINT, VICE MAYOR PLUMMER READ THE
RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.
Vice Mayor Plummer: I so move.
Mayor Clark: Seconded. Any objection?
Commissioner Carollo: Well, I see the Manager shaking his head.
Mr. Odio: I'm going to...
Commissioner Carollo: Fill me in, Cesar.
Mr. Odio: I'm going to recommend against any non -budgeted item.
Vice Mayor Plummer: Excuse me. You've already given us that amount of money.
Mayor Clark: There's a motion and a second. Call the roll.
Vice Mayor Plummer: This is just approving the project.
Mr. Odio: Which one? Oh, oh. OK.
Mayor Clark: Call the roll
Mr. Walter Foeman (City Clerk): Roll call. Vice Mayor Plummer?
104
November 1.5, 1995
Vice Mayor Plummer: Wait a minute. For my colleague's understanding...
Mr. Odio: Are they bud...
Vice Mayor Plummer: ... these were monies that were already allocated, Joe.
Mr. Odic): OK,
Vice Mayor Plummer: This is just awarding the bid. That's all it is.
Mr. Odio: If that's it, that's fine.
Vice Mayor Plummer: OK?
Mr. Odio: The last one.
Mayor Clark: Cast a unanimous ballot, then. OK, Joe?
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-820
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTS, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND ACCEPTING THE
INFORMAL QUOTE OF FENCEMASTER FENCE COMPANY, INC., FOR THE
PURCHASE AND INSTALLATION OF A SECURITY FENCE AT THE SOUTH END
AMPHITHEATER AT THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK
IN THE AMOUNT OF $44,286.25; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, ACCOUNT NO. 331305.
(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 Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
None.
105 November 16, 1995
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47. DISCUSSION CONCERNING ST. HUGH OAKS PROJECT --
COMMISSIONER CAROLLO REQUESTS STATUS REPORT.
----------------------------------••---------------------------------------------•--------------------------------
Vice Mayor Plummer: Mr. Mayor, I would like, at the next meeting because - as I said
previously, Mr. Manager - St. Hugh Oaks, as I understand, cost this City a thousand dollars a
week in security, and those houses are starting to deteriorate. We've got to do something with
St. Hugh Oaks. It is a laughing stock.
Mr. Cesar Odio (City Manager): OK. We have sold 12 that have been closed.
Vice Mayor Plummer: Mr. Mayor - Mr. Manager, you've sold nothing, because there's nobody
living there.
Mr. Odio: They are going to...
Vice Mayor Plummer: People drive by there, they see nothing but a security guard. The only
thing they hear is the overhead going on, the grass growing. Please, we've got to do something.
Our credibility is at stake.
Mr. Odio: I am telling you we close... We are closing on 12. They will be moving in within the
next two months.
Vice Mayor Plummer: Two months?
Mr. Odio: The next two months. As soon as you sign, they have to...
Commissioner Carollo: You know, why in the world are we taking so long to accomplish that?
Vice Mayor Plummer: Joe, because we have a lawsuit filed by people in the Grove.
Commissioner Carollo: But still...
Mr. Odio: We did have a law...
Commissioner Dawkins: We... Commissioner Gort and I have pleaded, we have begged, we've
done everything that we could do. And every time I call Mr. Frank Castaneda's office, it's
another gimmick. It's another holdup. We had to... When we drew the names, the people were
ready to move in. In fact, Mr. Gort and I were ready to sign whatever needed to be signed. And
ever since then, each week I've checked, and I can't go back to Commissioner Gort, because
then... I have to do it here. It's the same thing, J.L. I mean, we got houses sitting there. We
need... People want to purchase them, and it's another gimmick after this. You can't sign that,
you got to sign... And the Mayor has said ten times, Shelly (phonetic) Jones is ready to write
whatever you need for these houses. And we haven't... We don't follow through.
Vice Mayor Plummer: And people are withdrawing their applications.
Commissioner Gort: Sure.
Commissioner Carollo: Mr. Manager, can you include for me all the information you have
available on this particular item when we meet?
106 November 16, 1995
k
Mr. Odio: Yes, sir. Yes, sir.
Vice Mayor Plummer: Joe, don't make him waste his time doing that. Make him...
Commissioner Gort: Move it in.
Commissioner Carollo: Well, that's why I want it, so we can move it.
Mayor Clark: OK.
Commissioner Gort: Joe, at the same time, we - so you can know - we asked at least one or two
houses be set aside for police officers that would want to move in there or buy in there.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
48. APPOINT COMMISSIONER WIFREDO (WIL,LY) GORT AS CHAIRPERSON
OF THE UNITY COUNCIL OF MIAMI (TUCOM).
----------------------------------------•------------------------------------------------------------------------
Mayor Clark: All right. Two items, now. Let's move forward. First of all, Willy Gort to the
Chairman of the Unity Council of Miami.
Vice Mayor Plummer: Move it.
Commissioner Dawkins: What now?
Mayor Clark: Unity Council of Miami, Commissioner Gort.
Commissioner Dawkins: No, he can't unify nothing.
Mayor Clark: Well, it's just... He's going to try. He's going to try.
107 November 16, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption.
RESOLUTION NO. 95-821
A RESOLUTION APPOINTING COMMISSIONER WILFREDO GORT TO SERVE
AS CHAIRPERSON OF THE UNITY COUNCIL OF MIAMI ("TUCOM") FOR A
TERM OF OFFICE EXPIRING MAY 31, 1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: And second, approve the minutes of the last meeting.
Commissioner Gort: Move it.
Commissioner Dawkins: Second. i
Mayor Clark: Second. Cast a... Is that right, Mr....
(VOTE FOR THE RECORD: On a motion duly made by
Commissioner Gort and seconded by Commissioner Dawkins, the
minutes of the Commission meeting of September 18, 1995 were
approved by the Commission.
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------------------------------------------ ---------------------------------------------------------------------
49. DISCUSSION CONCERNING POSSIBLE EFFECTS OF DEPARTMENT
OF TRANSPORTATION'S (DOT) PROPOSED NEW DESIGN FOR 1-395 AND
STATE ROAD 836 ON COMMUNITY REDEVELOPMENT AGENCY'S (CRA)
EFFORTS CONCERNING OVERTOWN.
Mayor Clark: Now, Miller, sit down, just a second. This is only going to take two minutes.
Commissioner Dawkins: OK.
Mayor Clark: I don't know whether you've read in the paper recently about the new design of
395 and 836. We have put much money and a lot of time and effort into our CRA (Community
Redevelopment Agency), and they're going to move, in spite of what we say, not unless we
jump on the band wagon right now, and tell them what our desires and our plans are, Mr.
Manager, because the DOT (Department of Transportation) moves in very strange ways, not at
any time in our favor. So Mr.... As the Chairman of the CRA - and you're now reappointed to
that position for the next year, along with Mr. Gort as the DDA (Downtown Development
Authority) and Mr. Plummer as the Bayfront Park, and also the International Trade Board -
please, Miller, stay on top of this, because it's extremely important with our... All our promises
to the people of Overtown will go right out in the smoke. Same way that they ran 1-95 through
Overtown and ruined the whole thing.
Commissioner Dawkins: OK. Mr. Mayor, I'm glad to hear this Commission take a position. As
you know - you were here - first, they came in there with urban removal, and they removed all
black people.
Mayor Clark: Everything.
Commissioner Dawkins: Then they came in with the I-95. They removed everybody. Then
they came with the rapid transit stem. They removed all the black people. And now, like you
said, the little land that's left...
Mayor Clark: They're going to take that.
Commissioner Dawkins: ... for black people to exist on, now, they're talking about taking that
for this. So I will write a letter to everybody and with your permission - this Commission
meeting - I will make an appointment with Pena, or whatever the Transportation Secretary's
name is in Washington, when I go up there on the 27th, and sit down and tell him that this
Commission isn't happy.
Mayor Clark: It's going to... If you let them get by with this, it's going to ruin all the aspirations
we have created for the people that are over there, and especially ourselves on the CRA.
Commissioner Dawkins: Yes, sir.
109
November 16, 1995
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Mayor Clark: We're moving forward on that.
Commissioner Dawkins: All right.
Mayor Clark: And we're just about to get it airborne, and somebody puts a rocket in our back
side.
Commissioner Dawkins: All right. I will be right up there. I will tell them that, first thing,
when Mano and I walk in the office.
Mayor Clark: Thank you, sir.
Commissioner Dawkins: Thank you, Mr. Mayor.
-- -------------------------------------------------------------------------------------------------------------
50. COMMISSIONER CAROLLO NAMED COMMISSION REPRESENTATIVE
TO PURSUE FORMALIZATION OF CONTRACT FOR BICENTENNIAL
PARK PORT EXPANSION PROJECT.
Mayor Clark: Any further matter to come before this Commission?
Commissioner Carollo: Yes, Mr. Mayor, real briefly. Three things that I'd like to bring up, real
briefly, Mr. Mayor. Two, I think we can accomplish before the end of the year, hopefully. At
least we could come to initial agreements. One, I think we're close to it, but the other one, we
have to work a. little harder. Mr. Mayor, we've been working for over two years now on the
Bicentennial Park Port expansion. As you know, Mr. Mayor - and you've worked very hard on
that. - this is one of the most important things that we need to accomplish, and we need to finalize
that contract. I don't care, I don't want to hear anymore about who was to blame - the County,
the City - that's in the past. We need to finalize that contract, and I would like to see if I could
be a part of that.
Mayor Clark: You have that appointment.
Commissioner Carollo: Thank you, sir.
Mayor Clark: Mr. De Yurre had that as his portfolio. You have it at the present time. You're a
Commissioner.
Commissioner Carollo: Thank you, Mr. Mayor.
Mayor Clark: Thank you, sir.
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51. COMMISSIONER CAROLLO NAMED AS COMMISSION
REPRESENTATIVE TO NEGOTIATE RELOCATION OF CAMILLUS
HOUSE OUTSIDE OF DOWNTOWN MIAMI.
Commissioner Carollo: Secondly, the Camillus House in downtown Miami. That's one... Mr.
Mayor, as you know. the Camillus House has done a great service throughout the years. But
now, with the new homeless center that's being built, we really need to move Camillus House,
and I would like to be given the opportunity to try to sit down with them, to see if we can finally
come to an agreement that we could all live with - including J.L. - to have them move
somewhere else, because that's really... It's really being a hindrance in developing that part of
downtown Miami and the Overtown/Park West area like we should. So this is one other area
that I really need the cooperation of the Commission, for all of us to really pitch in together and
see if we could finally resolve that.
Mayor Clark: You have our support.
Commissioner Carollo: Thank you, sir.
--------------------------------•--------------------------------------------------------------------------------
52. COMMISSIONER DAWKINS REQUESTS HERBERT J. BAILEY,
EXECUTIVE DIRECTOR, TO EXPLAIN COMMUNITY REDEVELOPMENT
ASSOCIATION'S (CRA) GOALS TO COMMISSIONER CAROLLO.
Commissioner Dawkins: Mr. Mayor, I have one, one thing.
Mayor Clark: Yes, sir.
Commissioner Dawkins: Mr. Commissioner, you've just arrived. You're not familiar with the
CRA (Community Redevelopment Agency), although you helped create it. I would like to
suggest to you that you have Herb Bailey come in and explain what we are, the CRA Authority,
and tell you what we plan to do, and then give you a week to fathom through what he said, and
then bring the staff in and answer any questions that you might have about the CRA. And as the
Chairperson, and the rest of us Board members, we would ask that you do that.
Mayor Clark: Very, very important.
Commissioner Carollo: Thank you, Commissioner. That would be very, very helpful.
Mayor Clark: Very important. All right.
111
November 16, 1995
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53. DISCUSSION CONCERNING WORLD TRADE CENTER.
Commissioner Carollo: Lastly, Mr. Mayor, this one is not going to be as easy. It's going to take
more time, and it's going to take even more cooperation between the City, and the County, and
the State of Florida, along with private enterprise, and that is something; that is where I think the
future of Miami really lies, and that's in world trade and commerce. The County now, as you
know, headed by Commissioner Ferre, has a committee looking to build a World Trade Center.
I think we need to be part of that. I think we need to assign either a committee or some of us to
work hand in hand with them, because this is something that the City of Miami cannot afford not
to be part of, and have our input placed in there. And frankly, the only way that I think that it
will be accomplished is if the City works hand in hand with the County and the State. I think
that the amounts of jobs that a world class trade center - equal to none in the world - can bring to
Miami could be in excess of forty to fifty thousand jobs in the next five to six years. So I think,
Mr. Mayor, that that's one of the most important things that we need to work with. And at your
convenience, if you would see fit to either assign one of us or several of us, either individually or
in the form of a committee, for the City to work with the County, I think that would be quite
helpful.
Commissioner Gort: Mr. Mayor.
Mayor Clark: I'll do that, too.
Commissioner Gort: I would like to inform - and you are invited, by the way - tomorrow is the
meeting for the DDA, Downtown Development Authority, at eight -thirty in the morning. We
have been dealing with them, and I have been representing the City in some of the meetings
when the RFP (Request for Proposals) was put together. Our last issue for the Downtown
Development Authority speaks about the three sites, and we are working very closely with them.
And you are right, Joe, we got to push now, because that's the future of Miami.
Vice Mayor Plummer: Well...
Commissioner Gort: So you're welcome to come, too. And I'll also ask our Executive Director
to come to you and explain everything that we're doing to make that a reality.
Commissioner Carollo: Thank you, Willy.
Vice Mayor Plummer: I think the other thing, Commissioner Dawkins, you should make Carollo
aware that at the last CRA meeting, there is an interest by a private sector party, who, at the total
cost, without a cost to the City or to the County, is interested in putting in a facility between 5th
and 6th Street on Biscayne Boulevard at the entrance to the Port, where the old Alcazar Hotel
used to be. And they made a presentation and are to get back to the CRA, I think, at the next
meeting. But Marty Fine was the representative, and he could bring you up to date.
Commissioner Carollo: Great. Marty is a fine man.
Mayor Clark: Any further matter?
Vice Mayor Plummer: See you at four -thirty.
112 November 16, 1995
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Mayor Clark: We're adjourned at eleven-o-eight. We'll resume at four -thirty.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 11:08 A.M. AND RECONVENED AT 4:32 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER CAROLLO AND MAYOR
CLARK, FOUND TO BE PRESENT.
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.
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 16th day of November, 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 4:32 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
Commissioner Miller J. Dawkins
ALSO PRESENT:
ABSENT:
Cesar H. 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 Joe Carollo
NOTE FOR THE RECORD: At this point, Vice Mayor Plummer
announced that Mayor Clark would not be in attendance for the
afternoon session.
113 November 16, 1995
Vice Mayor Plummer: All right. Mr. Gort is here. We need one more.
Mr. Cesar Odio (City Manager): I have no idea...
Vice Mayor Plummer: OK. Mr. Delgado'? Is lie within the hearing of my voice? Mr. Delgado.
----------------------------------------------------------------------------------------------------------------
54. DISCUSS AND CONTINUE. (TO DECEMBER 7TH MEETING)
CONSIDERATION OF APPEAL CONCERNING CONSTRUCTION /
INSTALLATION OF A CELLULAR COMMUNICATIONS FACILITY AT
8425 BISCAYNE BOULEVARD. [Applicant(s): T.N.A. Palms, Inc. (owner) /
BellSouth Mobility, Inc. (lessee). Appellant(s): BellSouth Mobility, Inc.]
Vice Mayor Plummer: Steve Helfman.
Mr. Steve Helfman: Yes.
Vice Mayor Plummer: What item is yours?
Mr. Helfman: Item PZ-2.
Vice Mayor Plummer: PZ-2. It's my...
Commissioner Gort: No, I don't want to... Let him wait, let him wait.
Vice Mayor Plummer: Well, it's my understanding that Mr. Helfman... Well, here's Miller.
Commissioner Dawkins: Commissioner Plummer.
Vice Mayor Plummer: Sir.
Commissioner Dawkins: You know, you are not the Vice Mayor. Put down...
Vice Mayor Plummer: Sir, you are absolutely wrong.
Commissioner Dawkins: Give it to...
Commissioner Gort: December 1st.
Vice Mayor Plummer: Till December the 1st. Now, sit down and be quiet. Mr. Delgado, would
you speak with the Manager for a minute here and explain to him why I should pass this. What
do you want?
Unidentified Speaker: A copy of it.
Vice Mayor Plummer: OK. Mr. Helfman.
Mr. Helfman: Yes, sir.
Vice Mayor Plummer: Where did Mr. Gort go? Here he is. Mr. Clerk, if you would, for the
record, please indicate that this is the Planning and Zoning meeting, the second meeting of
114 November 1.6, 1995
November 1995 of the Miami City Commission to deal with Zoning. We have a Zoning agenda,
and we have one request of item number 2 to be withdrawn or deferred. Mr. Helfman, for the
record, would you state your name and mailing address, please.
Mr. Helfman: Sure. My name. is Steve Helfman, 2665 South Bayshore Drive, Miami.
Vice Mayor Plummer: And you wish for this item to he deferred or withdrawn?
Mr. Helfman: And I requested that item PZ-2 be deferred or continued to your next Zoning;
agenda.
Vice Mayor Plummer: OK. Is there a motion? Is there anyone here on PZ-2? Hearing no one,
Mr. Dawkins makes the motion. Mr. Gort?
Commissioner Gort: Second the motion.
Vice Mayor Plummer: Mr. Gort...
Commissioner Dawkins: Seconds it.
Vice Mayor Plummer: ... seconds the motion. Show a unanimous ballot.
Mr. Helfman: Thank you.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER GORT, ITEM PZ-2 WAS CONTINUED BY
THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Carollo
Mayor Stephen P. Clark
NOTE: AT THIS POINT, THE CITY COMMISSION
TEMPORARILY TABLES CONSIDERATION OF THE PLANNING
AND ZONING PORTION OF THE AGENDA TO CONSIDER
REGULAR AND NON -AGENDA ITEMS.
November 16, 1995
i
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55. URGE METRO-DADE COUNTY COMMISSION TO APPROVE THE LEASE
AGREEMENT NEGOTIATED WITH THE HOMESTEAD AIR BASE
DEVELOPERS, INC. AS SOON AS PRACTICABLE IN ORDER TO
EXPEDITE REDEVELOPMENT AND JOB OPPORTUNITIES.
Vice Mayor Plummer: Ladies and gentlemen, we have a request here, if I could put my eyes on
it, from the... Did you pass this out? I'll read it very quickly.
"Now therefore be it resolved that the citizens of the City of Miami, through their
Commissioners, urge the Dade County Commission, to approve the lease
negotiated between the Homestead Air Force Base Developers, Inc. and
Metropolitan Dade County, as soon as practical, in order to expedite
redevelopment and job opportunities forming the former base property."
1 will move it. Is there a second?
Commissioner Gort: I'll second it with the condition that many of the jobs will be given to the
citizens of the City of Miami.
Vice Mayor Plummer: All right, sir. That's fine, and I think that's fair. Is there any objection?
Show a unanimous ballot. Thank you, sir.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-822
A RESOLUTION OF THE MIAMI CITY COMMISSION, ON BEHALF OF THE
CITIZENS OF THE CITY OF MIAMI, URGING THE DADE COUNTY BOARD OF
COMMISSIONERS TO APPROVE THE LEASE AGREEMENT NEGOTIATED
BETWEEN THE HOMESTEAD AIR BASE DEVELOPERS, INC., AND
METROPOLITAN DADE COUNTY AS SOON AS PRACTICABLE IN ORDER. TO
EXPEDITE REDEVELOPMENT .AND JOB OPPORTUNITIES FORMING FROM
THE FORMER BASE PROPERTY; FURTHER STIPULATING THAT JOB
OPPORTUNITIES CREATED BY REDEVELOPMENT PLANS BE MADE
AVAILABLE TO THE CITIZENS OF THE CITY OF MIAMI; DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
MEMBERS OF THE DADE COUNTY BOARD OF COMMISSIONERS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT:
Commissioner Joe Carollo
Mayor Stephen P. Clark
116 November 16, 1995
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----------------------------------------------------------------------------------------------------------------
56. (Continued) WAIVE COMPETITIVE SEALED BIDS -•- APPROVE
ENGAGEMENT OF ELLIS TOWER COMPANY, INC. -- FOR EMERGENCY
RELOCATION OF CITY'S 800 MHz ANTENNAS AND CONSTRUCTION OF
A NEW TOWER FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE / COMMUNICATIONS
DIVISION -- ALLOCATE $1.50,142. (See label 20)
Vice Mayor Plummer: The next item. Mr. Clerk, you said we had to clear something up from
this morning.
Mr. Walter Foeman (City Clerk): Yes, Commissioner, we need to...
Vice Mayor Plummer: Item 25, was it?
Mr. Foeman: Item 25. We need to take a vote.
Vice Mayor Plummer: In reference to the fence around Bayfront Park or is it...
Mr. Foeman: No.
Vice Mayor Plummer: What was it?
Mr. Foeman: That's the emergency relocation of the City's 800 megahertz antennas and...
Vice Mayor Plummer: Moved by Mr. Gort. Seconded by Commissioner Dawkins. Is it a
resolution, sir?
Mr. Joel Maxwell (Deputy City Attorney): Yes, it is.
Mr. Foeman: It's a resolution, four -fifths vote.
Vice Mayor Plummer: Is there any objection?
Mr. Foeman: We need four -fifths vote.
Vice Mayor Plummer: Well, we don't have four -fifths vote.
Mr. Foeman: I guess we're going to have to table it.
Vice Mayor Plummer: The other one was the reference to the...
Commissioner Gort: I thought we passed it.
Vice Mayor Plummer: Well, I thought we did, too, but the Clerk said that we did not.
NOTE FOR THE RECORD: Commissioner Carollo enters the
Commission Chamber at 4:35 p.m.)
117
November 16, 1995
Vice Mayor Plummer: Is Mr. Carollo here?
Commissioner Carollo: Yes, sir.
Vice Mayor Plummer: Joe, we're on item 25 from this morning. Supposedly, the vote was not
taken in reference to transferring the towers of the communications system. You have a
problem?
Commissioner Carollo: None whatsoever. I think you had the problem, right?
Vice Mayor Plummer: No. Mine was the previous one before that. Mr. Clerk, since it's a four -
fifths vote, will you call the roll, please.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-823
A RESOLUTiON, BY A 4,/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVING THE ENGAGEMENT OF ELLIS TOWER COMPANY, INC., FOR THE
EMERGENCY RELOCATION OF THE CITY'S 800 MHz ATENNAS AND
CONSTRUCTION OF A NEW TOWER, AT A PROPOSED COST OF $150,142, FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE/COMMUNICATIONS DIVISION; ALLOCATING FUNDS THEREFOR
FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO.
429402-340, PROJECT NO. 311018; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
NAYS:
ABSENT:
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
None.
Mayor Stephen P. Clark
118 November 16, 1995
----------------------------------------------------------------------------------------------------------------
57. (Continued) WAIVE CERTAIN FEES ($30,000) CONCERNING 7TH
ANNUAL BIG ORANGE NEW YEAR'S EVE FESTIVAL TO BE
CONDUCTED BY THE BAYFRONT PARK MANAGEMENT TRUST AT
THE AT&T AMPHITHEATER (DECEMBER 31, 1995). (See label 45)
Vice Mayor Plummer: Now, what was the one about the fencing?, you say that we...
Commissioner Gort: We denied that one.
Vice Mayor Plummer: You want to move out of DDA (Downtown Development Authority)?
Read it, please.
Mr. Walter Foeman (City Clerk): You want me to read it, sir?
Vice Mayor Plummer: Whatever we need to do to...
Mr. Foeman: OK. It was a pocket item that was brought up by you.
Vice Mayor Plummer: Yes, I remember that. Read it.
Mr. Foeman: I need it.
Vice Mayor Plummer: Do you have it handy? Willy, you got a pocket? Willy's got... Is all of
these taken care of?
Commissioner Gort: Let's get together with staff.
Vice Mayor Plummer: Miller, you got any other pockets? OK, sir. OK. Where is Ann? Ann, I
need the one from this morning in reference... Was it the Big Orange or the fencing?
Mr. Foeman: It was the Big Orange.
Vice Mayor Plummer: Excuse me. Which one was it?
Mr. Foeman: It was the Big Orange.
Vice Mayor Plummer: All right. Hold on here. All right. That's not it. It's got to be this one
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 Mr. Gort. Is there any further discussion?
Hearing none, show a unanimous ballot.
119 November 16, 1995
i
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-824
A RESOLUTION WAIVING CITY OF MIAMI POLICE, FIRE -RESCUE AND SOLID
WASTE CLEANUP AND REMOVAL FEES, IN AN AMOUNT NOT TO EXCEED
$30,000, FOR THE SEVENTH ANNUAL BIG ORANGE NEW YEAR'S EVE
FESTIVAL, TO BE CONDUCTED BY THE BAYFRONT PARK MANAGEMENT
TRUST ON DECEMBER 31, 1995, AT THE AT&T AMPHITHEATER IN THE
MILDRED AND CLAUDE PEPPER BAYFRONT PARK: SAID WAIVER
CONDITIONED UPON SUCH CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE AND THE
BAYFRONT PARK MANAGEMENT TRUST,
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Mayor Stephen P. Clark
Commissioner Dawkins: I don't know how you're going to chair the meeting, move the item,
second the item, and move to the next one.
Vice Mayor Plummer: Well, if you'd be quiet and listen, you'd know how.
-- -------------------------------------------------------------------------------------------------------------
58. PROVIDE FOR STREET CLOSURE CONCERNING DING ORANGE BOWL
JAMBOREE PARADE (DECEMBER 31, 1995) -- ESTABLISH PEDESTRIAN
MALL AND AREA PROHIBITED TO RETAIL PEDDLERS.
Vice Mayor Plummer: A resolution amending Resolution 91-916, thereby extending the
designated street vending areas for the companies duly licensed by the City for the Orange Bowl
Parade to commence at twelve a.m. rather than six p.m. Moved by Commissioner Dawkins.
Seconded by Commissioner Gort. Any further discussion? Any objections? Show a unanimous
ballot.
i
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 9.5-825
A RESOLUTION RELATED TO THE KING ORANGE BOWL JAMBOREE PARADE
TO BE CONDUCTED BY THE ORANGE BOWL COMMITTEE, INC. ("THE
COMMITTEE") ON DECEMBER 31, 1995, PROVIDING FOR THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND
ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF
REQUIRED PERMITS BY THE POLICE DEPARTMENT AND OTHER
DEPARTMENT'S REGULATING SUCH EVENTS; FURTHER, ESTABLISHING AN
AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE
EVENT; SUBJECT TO AND CONTINGENT UPON THE COMMITTEE'S
COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY OF MIAMI, INCLUDING OBTAINING INSURANCE
TO PROTECT THE CITY IN AN AMOUNT AND FORM AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Carollo !
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None. r
4
ABSENT: Mayor Stephen P. Clark
I
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121 ` November 16, 1995
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--------------------------- ------------------------------------------------------------------------------------
59. (A) ACCEPT BID: R.C. ROOFING CORP. (TOTAL BID OF
PROPOSAL) -- FOR MIAMI POLICE DEPARTMENT -
HEADQUARTERS VEHICLE SERVICE BUILDING BUILT-UP
ROOFS, SECOND BIDDING, B-6248D -- ALLOCATE $44,500
(CONTRACT COST), $7,409 (ESTIMATED EXPENSES),
TOTALING $51,909 -- EXECUTE CONTRACT.
(B) COMMISSIONER CAROLLO DIRECTS MANAGER TO PROVIDE
COPIES OF ALL POCKET ITEMS TO BE CONSIDERED DURING A
COMMISSION MEETING TO EACH COMMISSIONER NO LATER
THAN THE BEGINNING OF EACH MEETING -- COMMISSIONER
DAWKINS REITERATES COMMISSION POLICY TO LIMIT EACH
COMMISSIONER TO TWO POCKET ITEMS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: A resolution accepting the bid of R.C. Roofing Corporation in the
proposed amount of forty-four thousand five hundred...
Commissioner Dawkins: Is that a pocket item?
Vice Mayor Plummer: This is not mine. This is the Police Department's.
Commissioner Dawkins: That's not what I asked you. I asked...
Vice Mayor Plummer: You don't want to fix the roof on the police station?
Commissioner Carollo: Excuse me. J.L., what are we doing now? Pocket items?
Vice Mayor Plummer: I'm sorry?
Commissioner Carollo: We're doing pocket items?
Vice Mayor Plummer: Yeah. They asked me... We were waiting for you, so that's the reason. I
was waiting.
Commissioner Carollo: Let me ask you this. What are the standards that we're following now
on pocket items?
Vice Mayor Plummer: Pocket items...
Commissioner Carollo: Are we still doing them or...
Vice Mayor Plummer: All right. I'll give you what we were... As far as policy is concerned,
primarily, it was two pocket items per Commissioner, unless emergency...
Commissioner Carollo: Right.
Vice Mayor Plummer: And basically, to be taken up at the end of the meeting.
Vice Mayor Plummer: OK?
Commissioner Dawkins: But it was... But we agreed on two per Commissioner.
Vice Mayor Plummer: Sir, you are absolutely correct.
Commissioner Carollo: The reason I'm asking is because I'm just having a hard time following
what we're doing.
Vice Mayor Plummer: OK.
Commissioner Carollo: And obviously, I didn't have it before me. So.
Vice Mayor Plummer: All right. Joe, this is an emergency, is what was said to me. It's not my
pocket item, it's the Manager's. The roof in the police station is leaking.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Vice :Mayor Plummer: Well, state for the record it's an emergency.
Mr. Cesar Odio (City Manager): That is an emergency.
Vice Mayor Plummer: State for the record it's yours and not mine.
Mr. Odio: The roof is leaking.
Commissioner Carollo: Where? At the police station?
Mr. Odio: In the Police Department, yes, sir. With all these rains that we have had, we have to
move on an emergency basis.
Commissioner Carollo: How much is it going to cost us?
Vice Mayor Plummer: Forty-four thousand five hundred.
Mr. Odio: Forty-four thousand five hundred.
Commissioner Carollo: It's a heck of a leak, then.
Mr. Odio: It's a hell of a roof.
AT THIS POINT, VICE MAYOR PLUMMER READ THE
RESOLUTION INTO THE PUBLIC RECORD BY TITLE ONLY.
Vice Mayor Plummer: Moved by Commissioner Gort.
Commissioner Carollo: Excuse me.
Vice Mayor Plummer: Seconded by Commissioner Carollo.
Commissioner Carollo: This is for the leak, right?
123
November 16, 1995
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Vice Mayor Plummer: This is... That's what I'm told, sir.
Commissioner Carollo: Let me just second it for the purpose of discussion.
Vice Mayor Plummer: Yes, sir, Commissioner Carollo.
Commissioner Carollo: Mr. Manager, what I would greatly appreciate is from now on, if we're
going to be given so many pocket iterns, if we could receive them at least when the meeting
begins. Because right now, I'm just hearing all kinds of figures. I've been given at least three or
four others for some pretty hefty amounts, and, you know, I have no idea what we're really
voting on, what it's all about. And I'm sure that you've all done your homework, but I also need
to do mine before I vote.
Vice Mayor Plummer: Is it in reference, Joe, to these, for the ITB (International Trade Board)?
Unidentified Speaker: Yeah.
Commissioner Carollo: Well, yeah, these are some additional ones that I've got.
Vice Mayor Plummer: Absolutely no problem. They are the contractual agreements. They can
be held over till the next meeting.
Commissioner Dawkins: OK, well, let me go on the record and say...
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: ... I'm going to vote for two pocket items for each Commissioner.
Every other pocket item, I'm going to call the rule.
Mr. Odio: Good. Go ahead.
Vice Mayor Plummer: Fine, sir.
Mr. Odio: Excuse me. I have two, also.
Commissioner Dawkins: OK, all right. I'm just telling you.
Mr. Odio: And I just... I was supposed to...
Vice Mayor Plummer: As far as I'm concerned, you have two or you have more than two, if
they're emergency items. Now, that's my feeling.
Mr. Odio: No, two, two.
Commissioner Dawkins: OK. And I'll still call the rule. OK?
Vice Mayor Plummer: OK.
Commissioner Dawkins: If you give him more than two.
Mr. Odio: Because I haven't seen any...
Commissioner Dawkins: You have two, yes.
124
November 16, 1995
59
Mr. Odio: OK.
Commissioner Dawkins: Now, that's my position. OK?
Mr. Odio: Fine, OK.
Vice Mayor Plummer: OK, fine.
Commissioner Dawkins: All right.
Vice Mayor Plummer: That's good.
Commissioner Carollo: Look, if you got a bad leak at the Police Department, we need to get it
fixed.
Mr. Odio: I... I have made a commit...
Commissioner Carollo: So, I mean, I'll bring that up, if you want, if it's going to be more than
your two. But all that I want to say is that all these pocket items we're getting now, we could
have gotten these this morning, instead of waiting till we get here, and it's one after another.
And, you know, I hate to vote for something if I'm not even aware or appraised of what I'm
really voting for.
Mr. Odio: I agree with you. Normally...
Commissioner Carollo: It's not the way to do business.
Mr. Odio: Normally, we do get pocket items ahead of time, but...
Commissioner Dawkins: Nobody does.
Vice Mayor Plummer: Well, just for the record, please, so you know where...
Mr. Odio: I bet Willy's...
Vice Mayor Plummer: ... where J.L. is. All right? That matter was brought to me in the
morning. I said I would not bring it up, in behalf of the Administration, without the Manager's
signature. He had to approve it before I would bring it up. I finally got it back.
Commissioner Dawkins: All right. Let me tell you where I am.
Vice Mayor Plummer: All right, sir.
Commissioner Dawkins: There are emergencies, there are times when we have to bring
emergencies up. But I do not feel it's fair to the public to bring up ten and twelve pocket items
that the public doesn't even know about, they have not been noticed on, and we pass them. I...
It's unfair, now. And I'm willing to go along with two emergencies per Commissioner.
Vice Mayor Plummer: That's fine, that's fine, sir.
Commissioner Dawkins: But no more. Put it on the regular agenda so that it's noted, and if
someone wants to come and discuss it, they have the opportunity to discuss it.
125 November 16, 1995
0
Vice Mayor Plummer: So be it.
Mr. Odio: Commissioner, I made a commitment that I am not approving any emergencies like
we used to, but when... So when we bring one, it's... When they told me the roof is leaking, I
mean...
Commissioner Carollo: Well, that is an emergency, if the roof is leaking. You know, if it's
going to... If it should cost so much to fix it, it's a matter that I'm not in a position to know or
say. I'm sure that you all looked at it. You're telling me this is, what you need to pay for it...
Mr. Odio: No, no. We have to get bids. We have to get bids.
Vice Mayor Plummer: This was bid.
Mr. Odio: We get bids and you go to the lower bid. The problem is, we have to cut short the
process.
Commissioner Carollo: Yeah. Well, I'm ready to vote on that.
Vice Mayor Plummer: OK. Call the roll on the roof.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-826
A RESOLUTION ACCEPTING THE BID OF R. C. ROOFING CORP., IN THE
PROPOSED AMOUNT OF $44,500.00, TOTAL BID OF THE PROPOSAL, FOR
"MIAM:I POLICE DEPARTMENT - HEAD QUARTERS VEHICLE SERVICE
BUILDING BUILT-UP ROOFS, SECOND BIDDING" B-6248D; ALLOCATING
FUNDS THEREFORE FROM PROJECT NO. 312030 AS APPROPRIATED BY THE
1994-1995 CAPITAL IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, IN
THE AMOUNT OF $44,500 TO COVER THE CONTRACT COST AND $7,409 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF
$51,909; 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 Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
None.
ABSENT: Mayor Stephen P. Clark
126
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60. COMMISSIONER DAWKINS DIRECTS ADMINISTRATION TO ATTEND i
TO NEEDED REPAIRS TO COCONUT GROVE CONVENTION CENTER.
Commissioner Dawkins: Mr. Mayor - I rnean Mr. Manager, the whole roof is caving in on us at
the Convention Center.
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner Dawkins: We are aware of that. It didn't just occur. So I would hope that we
would move forward on trying to get that fixed before the roof falls in on somebody, and we
have to fix the roof, and then pay damages for the roof falling in on somebody.
Mr. Odio: Commissioner, I was going to mention that, as another example. We have to... I had
to approve an emergency last week, because they told me that it was collapsing, and they are
talking there about close to a hundred thousand dollars.
Commissioner Dawkins: OK. But you didn't tell them that what was rained on, we're going to
get sued for that, also.
Mr. Odio: Right. We are going ahead...
Commissioner Dawkins: OK, well, tell them. I mean...
Mr. Odio: No, no. If we have a convention and the roof collapses, and we get rain damage
inside, we will have to be... So I did order an emergency last... I signed an emergency
procedure last week, Commissioner...
Commissioner Dawkins: OK.
Mr. Odio: ... to go ahead and fix the roof.
Vice Mayor Plummer: We're now on the Planning and Zoning agenda. Mr. Carollo, are you
aware that number '"' was deferred until the next meeting?
Commissioner Carollo: Yeah. I was just informed of that now.
-------------------- -------------------------------------------------------------------------------------------
61. (Continued) SCHEDULE DISCUSSION OF INTERNATIONAL TRADE
BOARD (ITB) FOR DECEMBER 7TH COMMISSION MEETING. (See label
7)
Mayor Clark: The other three pocket items I see here for three...
Vice Mayor Plummer: I'll continue it to the next meeting on an agenda, sir.
Commissioner Carollo: All right. I would appreciate that. Thanks.
127 November 16, 1995
W
Vice Mayor Plummer: No problem.
Commissioner Carollo: Frankly, I don't even know these people, and I would at least like to
meet them before I approve a contract.
Vice Mayor Plummer: Just for your brief edification, these are the three people of the ITS
(International Trade Board) who the Board has chosen and selected to serve as their staff, and, in
fact, these are the monies that were allocated by the City budget. OK?
Commissioner Carollo: And Cesar, one of the items - and I won't take much time from this
meeting - that I need for you to put also on your- agenda when we meet is the present budget of
the ITB, and just what are we doing there, you know, and how much are we coordinating with
the Beacon Council, so on and so forth.
----------------------------------------------------------------------------------------------------------------
62. GRANT FUNDING REQUEST BY CARIBBEAN AMERICAS BUSINESS
NETWORK (CABNET) IN CONNECTION WITH ITS ANNUAL
CONFERENCE (NOVEMBER 30-DECEMBER 1, 1995) -- ALLOCATE
$4,500.
--------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: OK. Item 1 on the Planning...
Commissioner Gort: J.L.
Vice Mayor Plummer: Yes.
Commissioner Gort: Before going to item 1, this was supposed to be in the morning.
Vice Mayor Plummer: All right, sir.
Commissioner Gort: Which you all sent to me. I think the young lady talked to you, and she
was in front of us at the last Commission meeting, Commissioner Carollo, and was asking it to
be put in the agenda, the regular agenda, but somehow, it was not placed in the regular agenda,
which is the Caribbean Americas Business Network. And Ms. Reid is here, the representative.
If you will recall, she made a presentation to all of us last week, and we asked them to see the
Manager and get together with hire. Ms. Reid, do you want to come forward, please?
Ms. Sharon Reid: Good afternoon. My name is Sharon Reid, and our mailing address is 829
Northwest 62nd Street, Miami, Florida, 33160. Thank you. Last time, I had an opportunity to
talk with the Commissioners about the Caribbean Americas Business Network. It's a
community -based organization, and we are concentrating on private sector development for
international trade between the Caribbean and Miami. In the past, we have received funding for
some of the functions that we've held, but we have not received funding; in any sort to assist the
overall operation of the organization. I am coming before your Commission this morning - this
afternoon, actually - to ask for assistance in that regard. I am asking for fifteen thousand dollars
($15,000) to assist us in that development aspect, and it is a primary objective that we do on
international commerce between the Caribbean and Miami. It is also imperative that I note that
it is the Caribbean Americas Business Network, outside of the universities and possibly the
chambers or anything that concentrates on Caribbean development. I think it is essential that I
get the support of the City of Commissioners, and, of course, any other aspect thereof. That's
why I'm here, and I'm looking for that.
128 November 16, 1995
Commissioner Gort: Thank you. Joe, this was in front of us last week, and one of the things that
we had requested also is before anything comes in front of us, it should go to the Manager, and
we should have the staff and Manager recommendations. We postponed it to this month for the
reason that she was supposed to have gotten together with him. Unfortunately, I don't think she
was able to get together with you, and this event is going to take place next week.
Mr. Cesar Odio (City Manager): No. I explained to her that it's about funding, and we talked
yesterday briefly - and you had a meeting with staff - that I cannot recommend any funding that
is not in the budget, and I will not, because it's another fifteen.._
Ms. Reid: We have been asking to get in the budget, City Mayor, for some time.
Mr. Odio: But they are not, Commissioner.
Commissioner Gort: No, but the budget was done before. Is there anything that the City can
help with?
Vice Mayor Plummer: It's in the Intercontinental.
Mr. Odio: We can wish her luck, and we can help her with staff to organize and... But monies,
at this time, if we do one, we're going to have to do everyone else that is not budgeted.
Commissioner Gort: OK. Thank you.
Vice Mayor Plummer: OK.
Commissioner Carollo: How many people are you expecting to come for this conference?
Ms. Reid: It has increased every year from 400. We now have about 600 last year. And we
bring in the private sector, we bring in the Prime Ministers. We bring in their deputies, we bring
in more than anyone else does in this town.
Commissioner Carollo: OK. Will this be... Will you be working in conjunction with
CARICOM in this?
Ms. Reid: Yes, we do.
Commissioner Carollo: OK.
Ms. Reid: We brought in Secretary General Dr. Carrington last year.
Commissioner Carollo: Will the present president of CARICOM be coming?
Ms. Reid: That is... The Secretary General is the head. Now, Molina Duarte is the new
Secretary General for the Association of Caribbean States, and he's going to be in Guadeloupe
that day.
Commissioner Carollo: Right.
Ms. Reid: But he is coming next year, which is January. He is the person that we're supposed to
present in January.
Commissioner Carollo: All right.
129 November 16, 1995
Vice Mayor Plummer: Is there any further discussion?
Commissioner Carollo: Well, you know, I have a question, J.L. I mean, the Manager made his
statement, and I certainly respect that. And this is something that I think is important for the
City of Miami. And I don't know what the process is now, outside of what the Manager said,
but do we have any kind of budget that's put aside on a yearly basis for conferences of this
nature at all, or nothing, whatsoever?
Commissioner Gort: What I'd like to suggest is, Joe, is maybe what we could do is look at the
things she needs. I think through the Downtown Development Authority and to the... some of
the downtown organizations that receive the greatest benefit, see what we can help with, like in
the hotel accommodations, and that type of thing, and see how much the City can help us with. I
think we need to sit down with her and try to structure something with her as soon as possible.
Commissioner Carollo: Well, that's a good idea, Commissioner, and you certainly, as Chair of
the DDA (Downtown Development Authority) can be a great help in that. Maybe what we need
to do is for you to meet with her and find out how much of this money they need might be able
to be given to them in in -kind services.
Commissioner Gort: Right.
Commissioner Carollo: But I certainly would like to see us try to do something and help her
here, because...
Vice Mayor Plummer: Well, make a motion.
Commissioner Carollo: ... a lot of the trade to the Caribbean goes through Miami, and I think
it's important for us to have that presence here.
Ms. Reid: Thank you.
Ms. Christina Cuervo (Assistant City Manager): Commissioner, can I just add that I know our
contributions that we give to the Greater Miami Convention and Visitors Bureau, I know the
Manager feels or intends that those contributions should go to help some of these conventions.
And it's not that we want to not attract the conventions, but we want those monies to be utilized
through the Bureau to try to attract these conventions.
Commissioner Carollo: And I can certainly respect that.
Vice Mayor Plummer: Mr. Dawkins has the floor.
Commissioner Dawkins: How many of these people does the Manager send somebody with
over to the Tourist Development to tell them, "Here, help them"? How many? Not a one. All
we do is...
Commissioner Gort: Have you been there?
Ms. Reid: Yes.
Commissioner Dawkins: No, but I'm saying, though, every time this happens, they say the
Manager refers these people to the Tourist Development because we give them money. But the
Manager does not send them - take them by the hand, and take them over there, and say, "We
give you 'X' dollars in the Tourist Development, and these are some of the things we think you
130 November 16, 1995
ought to be doing with our money." Now, when you do that, then I think you're reaching out to
help them. But when you give them seventy-five cents for the jitney, and send them down there,
we aren't helping them. But let me explain something, Mr. Mayor - Mr. Vice Mayor, if I may.
Commissioner, before you got here, and they came up with the budget, it's supposed to be a bare
bones budget. They laid off everybody, they bought out everybody they could buy out, and at
that time, we said that there was no money to fund social programs. And'knowing - you've been
here - that there, is the need, and knowing we did not have the money to meet all of the needs, we
said that if we don't fund one, Commissioner, we would not have to fund any. So that's why
you hear us say, refer it to the Manager, and let the Manager come back and tell us what could be
done. That's... I mean, that's just a - you know - I'm showing what it...
Commissioner Carollo: I agree. Well, you say here you're going to have 16 Prime Ministers
that will be coming.
Ms. Reid: We launched, last June, a program that started introducing the Administration to the
Caribbean. We got in touch with the first one of Barbados, and for parliamentary reasons, he
was not able to attend. Since then, Commissioner, we have had 24 English-speaking islands who
have touched base with us, asking when can they be addressed. We have confirmed 16 Prime
Ministers of the Caribbean who will be here. In order for us to bring them here, in order for us to
do any of this, we would either have to get private sector money, which we can do, but we also
think it's a responsibility of the City of Miami to feel as if it's a part of what we are asked to do.
Commissioner Carollo: Yeah. I have to agree with you on that.
Ms. Reid: See, if we don't get the funding, we are going to be in dire straits. So L.
Commissioner Carollo: See, I'll tell you, every time that I have travelled outside of Miami to
other countries, I can't think of a single City, whether in Asia, whether in Europe, that they don't
go all out when you have foreign dignitaries go to their city.
Commissioner Gort: Right.
Commissioner Carollo: And I think this is where we've been somewhat foolish. We save
pennies and lose several dollars at the end. Is Prime Minister Scavella going to be one of the
ones that's coming?
Ms. Reid: Every Prime Minister... We have touched base in 40 Caribbean basin countries. We
have Costa Rica, we have Puerto Rico, we have Dominican Republic, we have English-speaking
islands. So far, if we can do as we are doing, we will have 40 countries here.
Commissioner Carollo: Yeah, but my question is if Prime Minister Scavella, who is the
immediate...
Ms. Reid: I do not know. I do not know offhand.
Commissioner Carollo: OK.
Ms. Reid: But I will check on that. If he has not yet replied, he will.
Vice Mayor Plummer: The Moor is open for a motion.
Commissioner Gort: Joe, let me give you a suggestion. I think that maybe we can tap the ITB
(International Trade Board), DDA, and the Host Committee, and I think between the three of
them, I'm sure they can come up with the funding and the in -kind necessary to put this together.
131 November 16, 1995
3
Commissioner Carollo: And we're not looking at a lot of money, forty-five hundred dollars
($4500).
Vice Mayor Plummer: No, you're looking at fifteen is the request.
Commissioner Carollo: Well, fifteen to run it, the annual operation. I think we're looking at two
items here. The first one I see is the sponsorship in the amount of four thousand five hundred.
Commissioner Gort: Right. Is that what you're asking for?
Commissioner Carollo: And then...
Ms. Reid: What I'm here asking for today is the fifteen thousand.
Commissioner Carollo: ... fifteen thousand for the annual operation of the organization.
Ms. Reid: Exactly, correct. Thank you.
Commissioner Carollo: Yeah, I think the first one, and most important one for them, is the first
one, which is the four thousand five hundred. That, they need right away, from what I'm seeing.
Vice Mayor Plummer: OK. The floor is open for a motion. What is your motion?
Commissioner Carollo: Willy, it's your item. I mean, I'll let you make the motion if you'd like
to make one. If not, I'll be glad to make it.
Vice Mayor Plummer: I'll make a motion... Let's get it on the floor. Let's do it one way or
another. I make a motion that we grant the forty-five hundred dollars ($4500).
Commissioner Carollo: I second that motion.
Vice Mayor Plummer: Is there any further discussion? Hearing no objection, it's... you passed
unanimous. Now, the other one, you're going to have to wait for. The other one is an annual
funding. You're going to have to wait for that one.
Commissioner Carollo: Yeah, but this...
Ms. Reid: Commissioner, for the record...
Vice Mayor Plummer: Yes, ma'am.
Ms. Reid: Please, for the record, I do not have a problem if we can find in -kind services to offset
the expenses. So what I'm asking for is a consideration of some sort. I am willing to go that
route.
Commissioner Gort: You're ahead of the game. We'll work with you...
Vice Mayor Plummer: Get back with the Manager.
Commissioner Gort: ... and we'll get the right agencies to work with you.
Ms. Reid: That is fine.
132 November 16, 1995
NOR
59
Commissioner Carollo: Well...
Ms. Reid: That is good. Thank you.
Commissioner Carollo: ... what we could...
Mice Mayor Plummer: OK?
Commissioner Carollo: What we could do, also, for you that would start helping you ahead of
time is we approved the four thousand five hundred dollars ($4,500).
Ms. Reid: Mm-hrnm.
Commissioner Carollo: That's going to you. But we're going to try also - and we discussed that
just here - to try to get you as many in -kind rooms and other services as we can. And I don't
know what that might amount to, but it might be maybe even more than the four thousand five
hundred you're getting. So whatever else you get, the difference, you can keep for the fifteen
thousand that you're requesting.
Ms. Reid: Yes, sir.
Commissioner Carollo: Then we'll try to get you the rest somehow, if it's possible.
Ms. Reid: I can live with that. Thank you.
Commissioner Carollo: Surely.
Ms. Reid: Very much, thank you.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-827
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,500 FROM
SPECIAL PROGRAMS AND ACCOUNTS, IN SUPPORT OF THE CARIBBEAN
AMERICAS BUSINESS NETWORK (CABNET) ANNUAL CONFERENCE TO BE
HELD NOVEMBER 30 THROUGH DECEMBER 1, 1995 IN THE CITY OF MIAMI,
FLORIDA; CONDITIONING SAID ALLOCATION UPON COMPLIANCE WITH
ANY CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY
OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
133
November 16, 1995
NOTE: AT THIS POINT, THE CITY COMMISSION RESUMES
CONSIDERATION OF THE PLANNING AND ZONING PORTION
OF THE AGENDA.
------------------------------------------------------------------------------•----------------------------------
63. GRANT FINAL .APPROVAL OF LANDSCAPING PLAN (EXHIBIT "A") --
PROCESS CLASS It SPECIAL, PERMIT FOR DEVELOPMENT WITHIN THE
SD-13 S.W. 27 AVENUE GATEWAY DISTRICT AT 3049-3053 S.W. 27
AVENUE, SUBJECT TO CONDITIONS. [Applicant(s): Renzo & Pasquale
Renzi.]
Vice Mayor Plummer: For the record, item 2 of Planning and Zoning has been deferred until the
next meeting. We're now on item PZ-l. 3049-3053 Southwest 27 Avenue. The applicant is
Renzo and Pasquale Renzi. Are they present? Would you come before the microphone. Are
there objectors here on PZ-1? This has been... approval with conditions...
Ms. Lourdes Slazyk: If I can explain.
Vice Mayor Plummer: ... by the Planning and Zoning Department.
Ms. Slazyk: Right. This is a... For the record, my name is Lourdes Slazyk.
Vice Mayor Plummer: Wait, wait. Let's do this, please. Sir, are you agreeable with all of the
conditions? For the record, sir, your name and mailing address.
Mr. Pasquale Renzi: My name is Pasquale Renzi. My mailing address is 3045 Lucaya Street.
Vice Mayor Plummer: All right, sir. And you are directly related to this application.
Mr. Renzi: Yes, I am.
Vice Mayor Plummer: Are you in favor of all of the conditions so imposed?
Mr. Renzi: Do I have any choice?
Vice Mayor Plummer: Not much.
Mr. Joel Maxwell (Deputy City Attorney) Commissioner.
Vice Mayor Plummer: Sir.
Mr. Maxwell: He needs to be sworn in.
Vice Mayor Plummer: The Clerk will swear you in. Any other parties here today wishing to
testify, please stand and raise your right hand.
134 November 16, 1995
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Plummer: Are you an attorney, sir?
Mr. Renzi: No, I'm not.
Vice Mayor Plummer: All right, sir. If you don't agree with the conditions, then we'll go ahead
and do a presentation.
Mr. Renzi: I certainly agree with the conditions.
Vice Mayor Plummer: I'm sorry?
Mr. Renzi: I certainly agree with the conditions.
Vice Mayor Plummer: You agree with the conditions. Is there any further discussion? We'll
close the public hearing at this point.
Commissioner Gort: Move it.
Vice Mayor Plummer: Is there a motion? Moved by Gort.
Commissioner Carollo: What is the address on this again?
Vice Mayor Plummer: 3049 Southwest 27 Avenue and 3053...
Commissioner Carollo: OK. No, no, that's fine. I just wanted to make sure it wasn't a lot that
my wife sold last year right by there. So.
Vice Mayor Plummer: You're not that lucky.
Commissioner Carollo: No, no. Small lot.
Vice Mayor Plummer: Seconded by Commissioner Dawkins. It is a resolution. Is there any
objection? Show a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-828
A RESOLUTION, WITH ATTACHMENTS, GRANTING FINAL APPROVAL OF
THE LANDSCAPING PLAN, ATTACHED HERETO AND MADE A PART HEREOF
AS EXHIBIT "A", AND DIRECTING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF THE DEPARTMENT OF COMMUNITY PLANNING AND
REVITALIZATION TO PROCESS CLASS II SPECIAL PERMIT NO. 95-2934,
PURSUANT TO SECTION 613.3 OF THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, FOR DEVELOPMENT WITHIN THE SD-13 SOUTHWEST 27TH
AVENUE GATEWAY DISTRICT, FOR THE PROPERTY LOCATED AT 3049-3053
SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, SUBJECT TO THE
CONDITIONS SET FORTH ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
(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 Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS:
None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
64. GRANT EXCEPTION FOR RESERVOIR SPACES TO ALLOW A DRIVE -
THROUGH WINDOW FACILITY FOR AN EATING AND DRINKING
ESTABLISHMENT WITH REDUCTION OF RESERVOIR SPACES AT 4141
W. FLAGLER STREET (ZONED C-1 RESTRICTED COMMERCIAL),
SUBJECT TO CONDITIONS. [Applicant(s): Omar Edward Balik (owner) /
Burger King Corp. (lessee).]
Vice Mayor Plummer: Item number 3. 4141 West Flagler. Omar Edward Balik. Burger King,
a drive-in scenario. Is the applicant present?
Ms. Lucia Dougherty: Yes, sir.
136 November 16, 1995
11 A
Vice Mayor Plummer: You don't even look like a Burger King. Are there any objectors to item
PZ-3? You are shown, Ms. Dougherty, with approval with conditions. Do you agree to the
conditions?
Ms. Dougherty: Yes, sir, we do.
Commissioner Dawkins: What are the conditions?
Vice Mayor Plummer: The conditions are - which, Mr. City Attorney, would you read them into
the record, conditions - one, that the restaurant maintain both drive -through windows open
during peak, twelve noon to one -thirty p.m. hours of restaurant operation; and two, noon to one -
thirty - I'm sorry - that if necessary, a facility employee will be made available to assist with
traffic monitoring for the twelve -thirty to one peak traffic period.
Commissioner Dawkins: OK. Who's liable for the employee directing traffic, and there's an
accident, and somebody gets hurt?
Vice Mayor Plummer: I would assume that's traffic on their property.
Ms. Dougherty: Yes.
Vice Mayor Plummer: Not out in the street.
Ms. Dougherty: Yes.
Commissioner Dawkins: Well, I just... I didn't assume that. That's what I'm asking.
Vice Mayor Plummer: All right, sir.
Commissioner Gort: Good question.
Ms. Dougherty: It is.
Vice Mayor Plummer: The streets of hell are paved with good assumptions. Is there any
further... I'll close the public hearing.
Commissioner Carollo: I move.
Vice Mayor Plummer: Moved by Commissioner Carollo. Seconded by...
Commissioner Gort: Gort,
Mr. Joel Maxwell (Deputy City Attorney): This is a resolution affirming...
Vice Mayor Plummer: It's a resolution... What?
Mr. Maxwell: This will be a resolution affirming the decision of the Zoning Board to grant a
special exception.
Vice Mayor Plummer: That's exactly what I said. Are there any objectors? Showing none,
show it unanimous.
The following resolution was introduced by Commissioner Carollo, who moved its adoption:
RESOLUTION NO. 95-829
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE
ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 931.2,
REQUIREMENTS FOR RESERVOIR SPACES, APPLYING GENERALLY,
SUBSECTION 931.2(d), DRIVE -THROUGH WINDOW FACILITIES FOR EATING
AND DRINKING ESTABLISHMENTS, TO ALLOW A DRIVE -THROUGH
WINDOW FACILITY FOR AN EATING AND DRINKING ESTABLISHMENT WITH
A REDUCTION OF RESERVOIR SPACES, AS FOLLOWS: REQUIRED: R SPACES
BEFORE THE SERVICE WINDOW, 1 SPACE AT THE SERVICE WINDOW AND 1
SPACE AFTER THE SERVICE WINDOW/PROPOSED: 3 SPACES BEFORE THE
SERVICE WINDOW, 1 SPACE AT THE SERVICE WINDOW AND 1 SPACE AFTER
THE SERVICE WINDOW FOR THE PROPERTY LOCATED AT 4141 WEST
FLAGLER STREET, MIAMI, FLORIDA; ZONED C-1 RESTRICTED
COMMERCIAL, PER PLANS ON FILE, SUBJECT TO THE CONDITIONS AS SET
FORTH ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
(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 Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark ;
Ms. Dougherty: Thank you.
Commissioner Carollo: It's good to see you again, Lucia.
Ms. Dougherty: Thank you very much.
N
W
------------------------ ---------------------------------------------- ------------------------------------------
65. FIRST READING ORDINANCE: AMEND CODE CHAPTER 35 (MOTOR
VEHICLES AND TRAFFIC), ARTICLE VIII (COCONUT GROVE PARKING
IMPROVEMENT TRUST FUND), AND ARTICLE 1X (SILVER BLUFF
COMMERCIAL PARKING IMPROVEMENT TRUST FUND) -- ADD
PROVISIONS THAT WILL INCREASE MONTHLY FEE FOR A WAIVED
PARKING SPACE ACCORDING TO THE CONSUMER PRICE INDEX
(CPI) -- ADD PENALTY FOR LATE PAYMENT OF WAIVER FEE AND
CHARGE INTEREST ON BALANCES UNPAID AFTER THIRTY DAYS.
[Applicant(s): Community Planning & Revitalization Dept.]
Vice Mayor Plummer: Item 4. An amendment to Chapter 35 of the City of Miami Code. This
is an application of the City of Miami Community Planning and Revitalization. It is a first
reading. It was approved by both the Planning and Zoning Board and the Department. This is in
reference to the parking with security in and around any facility having 125 spaces. Am I correct
on that?
Ms. Lourdes Slazyk: No, no.
Vice Mayor Plummer: Where did I get that?
Ms. Slazyk: We're on PZ-4. Where are you?
Vice Mayor Plummer: I've got the wrong one?
Commissioner Dawkins: That's nothing unusual.
Vice Mayor Plummer: Oh, go...
Mr. Joel Maxwell (Deputy City Attorney): PZ-4 is the Coconut Grove Park Improvement Trust
Fund issue.
Vice Mayor Plummer: OK. All right. Briefly, sir, tell us your name, address and why you're
here.
Commissioner Dawkins: Mr. Mayor - Mr. Vice Mayor.
Vice Mayor Plummer: Mr. Dawkins.
Commissioner Dawkins: This has been approved by the Administration. I move it with the
approval of the Administration.
Vice Mayor Plummer: All right, sir, moved. Plummer: Is there a second?
Commissioner Carollo: Second.
Vice Mayor Plummer: Is there anyone in the public who wishes to discuss item PZ-4? Mr. City
Attorney, read Ordinance PZ-4. Further discussion? Hearing none, call the roll.
139 November 16, 1995
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND
TRAFFIC," BY AMENDING ARTICLE VIII, "COCONUT GROVE PARKING
IMPROVEMENT'S TRUST FUND," AND ARTICLE IX, "SILVER BLUFF
COMMERCIAL PARKING IMPROVEMENT 'TRUST FUND," TO INCREASE THE
MONTHLY FEE FOR A WAIVED PARKING SPACE ACCORDING TO THE
CONSUMER PRICE INDEX (CPI), ADD A PENALTY FOR LATE PAYMENT OF
WAIVER FEE, AND CHARGE INTEREST ON BALANCES UNPAID AFTER
THIRTY DAYS; MORE PARTICULARLY BY AMENDING SECTIONS 35-194 AND
35-197 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Dawkins, seconded by Commissioner Carollo, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
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.
-- -------------------------------------------------------------------------------------------------------------
66. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT, ARTICLE 6, (1) SECTION 602. SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT; (2) SECTION 617. SD-17 SOUTH BAYSHORE
DRIVE OVERLAY DISTRICT; AND (3) SECTION 621. SD-21 SILVER
BLUFF COMMERCIAL OVERLAY DISTRICT -- ADD A PROVISION
CAUSING A WAIVER OF REQUIRED OFF-STREET PARKING TO BE
REVOKED FOR NONPAYMENT OF REQUIRED FEES, OR WHEN THE
STRUCTURE ON THE PROPERTY IS DEMOLISHED -- PROVIDE THAT
NEW DEVELOPMENT / ADDITIONS TO EXISTING DEVELOPMENT, OR
ANY BUILDING SQUARE FOOTAGE ADDED BY ANY MEANS, SHALL
NOT BE ELIGIBLE FOR A WAIVER OF REQUIRED OFF-STREET
PARKING. [Applicant(s): Community Planning & Revitalization Dept.]
Commissioner Dawkins: PZ-5 has the Administration's approval?
Ms. Lourdes Slazyk: Yes, sir.
Vice Mayor Plummer: PZ-5 is Coconut Grove Central District, South Bayshore Drive Overlay
District, and Silver Bluff Commercial Overlay District. It's approved by both...
140 November 16, 1995
4
y
Commissioner Dawkins: Move with the approval of the...
i
Vice Mayor Plummer: ... approved by the Board and by the Department by an eight-0 vote. r
Moved by Dawkins:. Seconded by Gort. Any further discussion? Hearing none, call the roll
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING: SECTION 602, SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT; SECTION 617, SD-17 SOUTH BAYSHORE
DRIVE OVERLAY DISTRICT; AND SECTION 621, SD-21 SILVER BLUFF
COMMERCIAL OVERLAY DISTRICT, BY PROVIDING FOR REVOCATION OF
REQUIRED OFF••STREET PARKING WAIVERS FOR NON-PAYMENT OF
REQUIRED FEES OR DEN40LITION OF STRUCTURE(S) ON BENEFICIARY
PROPERTY; FURTHER, PROVIDING THAT NEW DEVELOPMENT, OR
ADDITIONS OF SQUARE FOOTAGE OF ANY KIND TO EXISTING
DEVELOPMENT, SHALL NOT BE ELIGIBLE FOR A WAIVER OF REQUIRED
OFF-STREET PARKING; 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 Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------- --------------- --------------------------------------------
67. APPROVE EVALUATION APPRAISAL REPORT OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 (MCNP).
[Applicant(s): Community Planning & Revitalization Dept.]
Vice Mayor Plummer: That is the last item on the agenda. Are there any further items to come
before...
Commissioner Dawkins: Five, 5, 5.
Commissioner Gort: No, sir, PZ-6.
Mr. Joel Maxwell (Deputy City Attorney): No, you have PZ-6.
Commissioner Gort: PZ-6.
141 November 16, 1995
Vice Mayor Plummer: Excuse me. I thought that was 6.
Commissioner Dawkins: No, PZ-6, Mr. Mayor.
Vice Mayor Plummer: All right, PZ-6. City of Miami Planning and...
Commissioner Gort: They got to read all the reports.
Vice Mayor Plummer: Approval with conditions... Evaluation report of the Comprehensive
Neighborhood Plan. Conditions subject to suggestions made by Planning Advisory Board on
October 18th, and additional amendments approved by the Board on November the 1st. Sir,
your name and what you're requesting of this Commission at this time.
Mr. Clark Turner: My name is Clark Turner. I'm Chief of the Community Division of the.
Department of Community Planning and Revitalization. This report is required by the State of
Florida under Chapter 163, which is normally called the Growth Management Act. It's a report
on the City's Comprehensive Plan, which was adopted in 1989. The report is required every five
years. However, this first report, due to delays at the State level, is done at the sixth - for the
sixth year. It is an evaluation report on the Plan. It is essentially a report card on the Plan. It's
adoption does not change the Plan in any way. If the Plan is to be changed, it would have to go
through the normal amendment procedure, and come to you in the form of an amending
ordinance.
Vice Mayor Plummer: What are you expecting of this Commission?
Mr. Turner: To adopt this by resolution.
Vice Mayor Plummer: Is there anyone of the public who wishes to speak on item PZ-6, in
reference to our report card on our Comprehensive Plan?
Commissioner Dawkins: Where is it in here where this PIan was presented to the public, how
many times, and what input that came from the community?
Vice Mayor Plummer: Can you answer the question, sir?
Mr. Turner: Mr. Commissioner, if you would look at the first volume, which is called
"Summary."
Commissioner Gort: The Summary here tells you.
Commissioner Dawkins: Yeah, I see the Summary. Go ahead.
Mr. Turner: And in the beginning of that volume, on page 2...
Commissioner Dawkins: OK, hold it, hold it.
Mr. Turner: ... 3 and 4.
Commissioner Dawkins: Don't go too fast. Hold it. Page 2.
Vice Mayor Plummer: He went to night school.
Commissioner Dawkins: Page 2.
142
November 16, 1995
Mr. Turner: Page 2 is a description of public participation in the Comprehensive Plan.
Commissioner Dawkins: Right.
Mr. Turner: The first portion of that report, pages 2, and 3, and most of 4, is a report on the
public participation when the Plan was adopted in 1989. Then at the bottom of page 4, there's a
heading that says "Public Participation in the Ear Process." That describes the public
participation process that was gone through in preparing this for your consideration.
Commissioner Dawkins: You know, "Prior to public hearings, residents and affected parties will
be given ample opportunity to make written comments on proposed amendments or revisions.
Following the public hearing before. the City Commission, a verbatim transcript is prepared by
the City Clerk of all oral comments and responses. These minutes will subsequently be available
to the City Commission, the Florida Department of Community Affairs, and other interested
parties." When did you send that to me?
Mr. Turner: Perhaps I didn't make it clear, Mr. Commissioner. That's in the section of the
public participation of the report that refers to the adoption of the Comprehensive Plan, which
was done in 1989. That was the process.
Commissioner Dawkins: But I ask you again, where is the report, or minutes, or anything that
shows where you took this to the public, and the public had input, and we took the input into
consideration when we drew this up? That's all I asked you, sir.
Mr. Turner: If you'll look at the page following that, it has an advertisement of nine
neighborhood meetings that were held in the community. It appears on the next page, also, in
Spanish. It. ran both in English and Spanish-speaking newspapers. That was the invitation to
have input into the plan, and those meetings were attended by citizens who were given
evaluation forms for various City services and comments. Those forms have been tabulated.
They are not a part of this report.
Commissioner Dawkins: OK. I'll read again, because, see, you don't seem to be following me.
Vice Mayor Plummer: Commissioner, is it your...
Commissioner Dawkins: "Following the public hearing before the City Commission, a verbatim
transcript is prepared by the City Clerk of all oral comments and responses. These minutes will
subsequently be made available to the City Commission. I have not received that.
Mr. Turner: That was done in 1989 when the Plan was adopted.
Commissioner Dawkins: You know, I move that this be deferred, because, you see, you're not
being fair with me. You may be... And neither are you being fair with Joe. OK?
Vice Mayor Plummer: All right, sir. Mr. Dawkins, excuse me. The City Attorney said that's a
major problem. Mr. City Attorney.
Commissioner Dawkins: You see, every time...
Vice Mayor Plummer: I agree.
Commissioner Dawkins: ... it comes to me, and I need answers, it's always a major problem.
OK?
143 November 16, 1995
Mr. Joel Maxwell (Deputy City Attorney): If I may, Commissioner.
Commissioner Dawkins: Yes, you may.
Vice Mayor Plummer: Mr. Maxwell, please.
Mr. Maxwell: The Commissioner is correct that we are... we don't have much time now for the
Commission to act on this. The Statutes require, and the Florida - FAC (Florida Administrative
Code) requires that we adopt this by December 1st.
Vice Mayor Plummer: By when?
Mr. Maxwell: By December 1. Your next meeting, of course, is subsequent to December 1st.
There have been a series of events that have delayed this item from getting to you. There were
several meetings before the Planning Advisory Board where there were substantial numbers of
opportunities for the public to participate in this process, and that is what delayed this item
getting to you.
Ms. Christina Cuervo (Assistant City Manager): Commissioner, actually, it was because of...
Commissioner Dawkins: Wait a minute. Wait a minute. Let me respond to him, and then I'll
respond to you. Mr. Maxwell,
Mr. Maxwell: Yes, sir.
Commissioner Dawkins: I am familiar with this. I know of all the letters that transferred
between us, HUD (Department of Housing and Urban Development), Jacksonville, and Atlanta.
I know of the papers we received saying that we were not in compliance.
Mr. Maxwell: Yes.
Commissioner Dawkins: OK? So now, if I know all of that, I'm trying to say to you, Mr. City
Attorney - Mr. City Attorney, it's fine. But everybody... I've been asking, I've got... I can go to
my office and bring you memos where I requested information along the lines that you're telling
me, OK? So it's not my fault that I am not informed.
Vice Mayor Plummer: OK.
Mr. Maxwell: Oh, no. And I certainly didn't mean to imply that. I never said that.
Vice Mayor Plummer: Here's where we are, Commissioner Dawkins.
Commissioner Dawkins: Here we go again.
Vice Mayor Plummer: If you want to defer it...
Commissioner Dawkins: Here we go again.
Vice Mayor Plummer: No, not again, sir. You want to defer it, and I fully concur with you, sir,
that if you're saying that we didn't have what we're supposed to have, that it's not our fault.
What is the fault is that on December 1, we would be in violation.
Commissioner Carollo: Well, this...
144 November 16, 1995
i
Vice Mayor Plummer: Now, the only alternative we have - if you wish, as I see it - is to defer
this matter, and a special Commission meeting would have to be called to make this in
compliance prior to December 1. 1 don't know what else we can do.
Commissioner Dawkins: You know, I'm going to yield for one reason.
Vice Mayor Plummer: All right.
Commissioner Dawkins: OK?
Vice Mayor Plummer: Now, we yield.
Commissioner Dawkins: I'm yielding because I have another Commissioner up here who's
going to, perhaps, listen to me when I explain that I've asked for things, and I have not gotten
them. And I'm not going to be like my other Commissioners who say, well, this is an
emergency, let it go. OK?
Vice Mayor Plummer: That's not...
Commissioner Dawkins: I'm going to go back and tell you about this morning on the seventh
floor. All of you said, Miller Dawkins goes to the ninth floor.
Vice Mayor Plummer: That's right.
Commissioner Dawkins: But because the Manager had four votes, he didn't have to worry about
me. So they drew it up on the seventh floor. OK? That's one example. OK? I can give you
example, after example, after example that Miller Dawkins has not been listened to because you
had four votes. OK? Now, you don't have four votes. You got three votes, I think when you're
right, you're right. When you're wrong, you're wrong.
Commissioner Carollo: Miller...
Vice Mayor Plummer: Sir, if you want a deferment, you've got it.
Commissioner Dawkins: No, I'm going to...
Commissioner Carollo: Miller, let me...
Commissioner Dawkins: I'm not going to defer it. You all just said you need it. But I guarantee
you, from this day on, this will be a different ball game.
Commissioner Carollo: Well, let me say this.
Vice Mayor Plummer: Commissioner Carollo.
Commissioner Carollo: Let me say this to my colleagues. If anything, I hope that from now on,
what we have before us, we could get five votes for. I think that if we do our homework before
hand, if we learned - each of us - to give in a little bit - that goes for the Administration also - I
think we can reach full consensus in most, if not all of the items before us. If Miller would like,
we can bring this up in a special Commission meeting - that shouldn't take long - before
December 1st. I would have no problem with that.
Vice Mayor Plummer: I would.
145
November 16, 1995
Commissioner Dawkins: I would... I appreciate that.
Vice Mayor Plummer: Can we...
Commissioner Dawkins: I appreciate all of the concern of all of the Commissioners, but this is -
and the Manager will tell you - an emergency. This is money that we need, and it's money that
we cannot afford to jeopardize.
Ms. Cuervo: This is not money, Commissioner Dawkins.
Commissioner Dawkins: What is it?
Vice Mayor Plummer: No, this is not money. This is in compliance with the State regulations.
Commissioner Dawkins: It is money. If you don't comply, you don't get the money.
Vice Mayor Plummer: No, you're not getting any money.
Mr. Maxwell: Well, there's a certain amount of truth to that.
Vice Mayor Plummer: Huh?
Mr. Maxwell: The State could apply sanctions.
Mr.. Odio: Commissioner Dawkins...
Commissioner Dawkins: Come on. See, you all...
Mr. Odio: Commissioner Dawkins, may I, sir?
Commissioner Dawkins: Go right ahead, Mr. Manager.
Mr. Odio: There are two different issues.
Vice Mayor Plummer: Oh, yeah, they could put sanctions, but there's no money forthcoming.
Mr. Odio: The one that you're referring to - you're absolutely correct - was with the letters we
got from HUD on noncompliance on certain requirements on a different plan. This has nothing
to do with that first issue, on the CDBG (Community Development Block Grant) funding.
Commissioner Dawkins: OK. That one does, but... OK. Tell me about this one.
Mr. Odio: This one is something different.
Commissioner Dawkins: But it's money.
Ms. Cuervo: No. This...
Mr. Odio: It's not money.
Commissioner Dawkins: If you don't comply... If you don't comply, you don't get the money.
Mr. Odio: What... Tell...
146 November 16, 1995
Vice Mayor Plummer: No, there's no money here.
Mr. Odio: No.
Vice Mayor Plummer: It's only sanctions they can impose, if you don't do it.
Commissioner Dawkins: If you don't do it, you don't get...
Mr. Odio: No, sir.
Vice Mayor Plummer: All right. Look...
Mr. Odio: OK, I know what he's...
Vice Mayor Plummer: Let me try...
Commissioner Carollo: Yeah. What he's saying, though, the sanctions are going to cost us
money.
Mr. Odio: Exact, exactly.
Vice Mayor Plummer: Let me try to bring some peace in the family.
Commissioner Gort: Wait a minute, wait a minute.
Vice Mayor Plummer: All right, Mr. Gort.
Commissioner Gort: I'd like to make a statement first. I'm sorry you feel that because it was
four votes, you were not being paid attention to, because that's not the intention of this
Commissioner here, and I think I've proven that to you before.
Commissioner Dawkins: Thank you. Thank you.
Commissioner Gort: And I think to avoid any of that - and this has been done in the past - any
Commissioner, any one of us that requests any information, I think we all get copies of
information being requested from the Clerk. My suggestion is, if any one of us requests some
kind of information, a memo should be sent to all of us, and once in compliance, we should get a
memo of that, too, to make sure that everybody has received the information.
Vice Mayor Plummer: OK.
Commissioner Gort: That's the only thing I can suggest at the moment.
Vice Mayor Plummer: Here's a motion that...
Commissioner Carollo: Willy, I think it's a clean slate, we're all starting afresh, so let's look
ahead and move forward.
Vice Mayor Plummer: Let me try to phrase a motion, if I may, and that is that this be accepted
with the proviso that that which is requested by one Commissioner be furnished to all by no later
than the 27th. If that is not adequate, I will then ask the Mayor to call a special meeting on
November the 30th so that the December. 1 deadline could be met. That has the opportunity that
you give everything to each Commissioner that Commissioner Dawkins wants. If it's not
appropriate, on the 30th of November, I will then call a meeting. The Mayor will call a special
meeting of the Commission, and we will then be in compliance.
147 November 16, 1995
Commissioner Dawkins: Mr. Vice Mayor, Mr. Vice Mayor.
Vice Mayor Plummer: Mr. Dawkins.
Commissioner Dawkins: We are talking about - although you say it's not - we're talking about
money. All right? We're coming to the end of the year, number one. OK? We're also dealing
with something call Contract Against Americans. OK?
Vice Mayor Plummer: Don't start that one.
Commissioner Dawkins: All right? So the more we deal with this, the more farther behind we
fall. So I am going to remove all of my concerns now, and let's let... We'll move forward.
Vice Mayor Plummer: Sir...
Commissioner Dawkins: But we live in a country that what goes around, by God, comes around.
Vice Mayor Plummer: All right. All objections have been removed, and it is now, I assume, a
motion is in order to approve in principle...
Commissioner Carollo: I second, I second the motion.
Mr. Maxwell: No, no, sir. This is not in principle.
Commissioner Dawkins: Move it.
Vice Mayor Plummer: Move in reality.
Mr. Maxwell: Yes, sir.
Vice Mayor Plummer: We accept it in reality.
Commissioner Dawkins: Joe moved. I second.
Vice Mayor Plummer: Is that a motion, or a resolution, or abortion?
Mr. Maxwell: It's a resolution.
Commissioner Carollo: Even Miller came around. He's going to vote for the motion.
Vice Mayor Plummer: All right. Mr. City Clerk, for God sakes, in a hurry, call the roll before
somebody changes their mind.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-830
A RESOLUTION, WITH ATTACHMENT(S), ADOPTING THE PROPOSED 1995
EVALUATION AND APPRAISAL REPORT ON THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, AS REQUIRED BY CHAPTER 163, PART 11,
FLORIDA STATUTES AND CHAPTERS 9J-5 AND 9J-33, FLORIDA
ADMINISTRATIVE CODE; DIRECTING TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
Vice Mayor Plummer: I'd like to take this opportunity to present a personality of the audience,
the former City Manager of Miami. What is your name, sir?
Unidentified Speaker: Howard Gary.
Vice Mayor Plummer: Yes, all right. Are there any other matters to come before this...
Commissioner Carollo: Yes, yes.
Commissioner Dawkins: One thing.
Commissioner Carollo: Go ahead, Miller.
Vice Mayor Plummer: All right, Mr. Dawkins.
Commissioner Dawkins: I would like to say, and I think I say it on behalf of all of us, it has
been a pleasure to have Joe hack here today, and I think that we're going to have a very lovely
and productive relationship.
Commissioner Carollo: Thank you very much, Miller. I really, really appreciate it.
149 November 16, 1995
----------------------------------------- ------- ----------------------------------------- -----------------------
68. COMMISSIONER CAROLLO REQUESTS CITY ATTORNEY TO PREPARE
LEGISLATION TO ALLOW A TWO -WEEK PERIOD FOR A CITY
COMMISSIONER TO LEAVE OFFICE AFTER HIS/HER TERM HAS
EXPIRED, AND PRIOR TO NEW COMMISSIONER TAKING OFFICE.
Vice Mayor Plummer: Mr. Carollo, you have a comment to make about the turkey that just
talked about you?
Commissioner Gort: I'll second that motion.
Commissioner Carollo: Well, I'm not going to provide the stuffing. I'm not going to provide
the stuffing, you can be sure of that. Is Quinn Jones here?
Vice Mayor Plummer: No, sir. He informed me that he has a personal problem in his family,
and that he had to leave immediately.
Commissioner Carollo: It's understandable and...
Vice Mayor Plummer: Mr. Maxwell, his assistant...
Commissioner Carollo: ... he didn't need to be here. This is Zoning. So Mr. Maxwell, can you
relate the following to the City Attorney for me? I would like for him to see and study which is
the legal process that this Commission could follow - I don't know if we need to change the
Charter and put it to a vote, or I don't know if we could just handle it ourselves in the form of an
ordinance - where we would restructure the system that we have in place now that when a
Commissioner leaves office, that there be a transition period of at least two weeks before the
newly elected Commissioner would take over. I think the system that we've had is a horrible
system, where a. Commissioner that has served eight years or whatever amount of time they
serve, if they lose an election or if they decide not to run again and would leave the minute a
newly elected Commissioner comes in, they barely have six hours to get out, and they're having
to leave in the middle of the night, like if they were tarred and feathered. And that's wrong. I
think that anyone that has served on this Commission, whether it's for one year, eight years, 18
years or 26 years, whenever their term is up, whichever way it's up, they should be able to leave
with dignity and respect. And I think we need to change that. So if you could express that to
Mr. Jones, that I would like for him to research that and get back to us to see if we could do it in
the form of an ordinance, or if we have to make a Charter amendment and bring it up to the
voters to approve.
Mr. Joel Maxwell (Deputy City Attorney): Yes, sir.
Commissioner Carollo: Thank you.
Vice Mayor Plummer-: Are there any further matters to come before this Commission? I would
then suggest that we adjourn, and I wish all of you a very happy Thanksgiving, and make sure
that you have a fowl dinner. Ha -ha -ha-ha.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 5:20 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Walter Foeman
CITY CLERK
Maria Josephine Argudin
ASSISTANT CITY CLERK
11 OF
INCORP ORATED
IB 96
ea,�L
151 November 16, 1995